Town of Otsego Zoning Board of Appeals

Minutes – April 15, 2008

PUBLIC HEARING

08.01 – Harrison Hummel – Area variances, addition of deck and expansion of entryway to existing structure in Canadarago Lakeshore protection area – 114 Marble Road Extension (#52.11-1-16.00)

Chairman Greg Crowell opened the public hearing at 7:05 PM, and noted that no one from the public was present. The hearing was left open while the Board proceeded to the regular meeting. At 7:18, Anita Weber moved to close the public hearing. Crowell seconded the motion and it was approved, 3-0.

REGULAR MEETING

The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date. Chairman Greg Crowell called the meeting to order at 7:06 PM and roll call was taken by Secretary Bill Deane. Board members present were Crowell, Bill Kitchen, and Anita Weber. Tony Scalici (Vice-Chairman) and Sam Hoskins were absent.

Deane explained the new item on the agenda, “agenda and conflicts review.” This was added to the Planning Board agenda at the behest of the Town Board, and presumably should be required of the ZBA as well. It requires Board members to review the agenda and disclose possible conflicts they might have with any applicant. No members reported any conflicts with this month’s applicants.

The Board discussed the minutes of the March 18, 2008 meeting. Crowell noted that Weber wasn’t at that meeting, so could not vote. Deane reminded the Board that, with only three members present, a unanimous vote was required to pass any motion. Since this is often the case in ZBA meetings, and the minutes and audio-tapes are available to members, the Board previously had decided (on June 21, 2005) that it was acceptable for members to vote on minutes of meetings they had not attended. Bill Kitchen moved to approve the minutes as written. Crowell seconded the motion and it was approved, 3-0.

Correspondence consisted only of the March/April 2008 issue of Talk of the Towns & Topics, distributed to the members. The Board moved on to the applications.

APPLICATIONS

08.01 – Harrison Hummel – Area variances, addition of deck and expansion of entryway to existing structure in Canadarago Lakeshore protection area – 114 Marble Road Extension (#52.11-1-16.00)

Larry Ciano was present, representing applicant Harrison Hummel. The Board reviewed the application, map, and photos submitted previously. Chairman Crowell explained the process of making resolutions for the benefit of the newest members of the Board.

Crowell moved to approve the variances sought (26 feet from the eastern property line for the deck, and 29 feet from the eastern property line for the entryway), saying that, while the proposed project will produce change, it is a minimal, beneficial change, with no detriment to the neighborhood; that the desired benefit cannot be achieved by any other feasible method; that the variances will have no discernible impact on the physical or environmental conditions in the neighborhood; and that, while the situation is self-created, the variances are sought to improve the property.

Bill Kitchen seconded the motion and it was approved, 3-0. Bill Deane explained that the applicant would receive a letter confirming the Board’s decision, and that he was now free to proceed to the Planning Board, which next meets on May 6.

08.02 – Frank Maloney – Area variance, addition to existing home – State Highway 80 (#99.00-1-14.02)

Property owner Frank Maloney was present, along with the builder, Steve Smith of G&S Construction. They submitted drawings and photos of their proposed project, which essentially is the same one approved by the ZBA on November 20, 2007 (a 19-foot variance on the west side, and a 10-foot variance on the north side), except that they now also require a 24-foot front-yard setback for the garage. The planned location of the garage had to be changed due to the location of the septic system, at the request of County Codes officer Neal McManus. Chairman Crowell asked the applicant to provide documentation from McManus on this request.

Crowell moved to deem the application complete and schedule a public hearing for May 20. Anita Weber seconded the motion and it was approved, 3-0.

OTHER BUSINESS

Bill Deane noted that, while reappointing Tony Scalici as Vice-Chairman, the Board had neglected to address the position of Chairman. Greg Crowell said he was willing to continue serving in that role. Bill Kitchen moved to reappoint Crowell as Chairman. Anita Weber seconded the motion and it was approved, 3-0.

Board members engaged in informal discussion of previous applications and hypothetical questions. Bill Deane observed that the Land Use Law was created in 1987, preventing future building in certain areas, but grandfathering buildings already in existence; however, the ZBA grants variances based on conformity with pre-1987 buildings in the neighborhood, essentially defeating the purpose of the Land Use Law. Chairman Crowell said that was a good point, but that the Board looks at “the whole package” in determining the merit of variances sought.

At 7:57, Chairman Crowell moved to adjourn the meeting.

Respectfully submitted,

Bill Deane, Secretary