Town of Otsego Zoning Board of Appeals
Minutes - June 15, 2004
Chairman Anthony Scalici called the monthly Town of Otsego Zoning Board of
Appeals (ZBA) meeting to order at 7:35 PM.
REGULAR MEETING
Roll call was taken by Zoning Enforcement Officer Jane Berry, acting as secretary in Bill Deane's absence. All five Board members were ultimately present: Anthony Scalici (chairman), Greg Crowell (vice chairman), Jim Ferrari, Sam Hoskins, and Joe Potrikus. Crowell arrived at 7:48 PM.
The Board reviewed the minutes of the April 20 (revised) and May 18 meetings, prepared by Bill Deane and mailed to the members. Jim Ferrari made a motion, seconded by Sam Hoskins, to approve the amended minutes of April 20. The motion was carried. Jane Berry pointed out that the proper procedure would have been to note the amendments in the May 18 minutes, rather than revise the April 20 minutes, as Deane had been instructed.
Chairman Scalici asked that the first new paragraph on page 2 of the May 18 minutes be amended to read: "No one offered a second to the motion. In the absence of a second, the motion failed. The Chairman's thought was that, under Robert's Rules of Order, failure of the motion for a denial would result in approval of the variance. Discussion followed." Joe Potrikus made a motion, seconded by Jim Ferrari, to approve the minutes of May 18 as amended. The motion was carried.
Since there were only two pieces of correspondence, both related to the application on tonight's agenda, the Board proceeded directly to the application.
APPLICATION
Application #04.04 - Brendan F. and John B. Baynes - Revised area variance
Property co-owner Brendan Baynes was present, as was his neighbor, Harold J. Dunlap. Chairman Scalici introduced two pieces of correspondence. One was a letter from Dunlap, objecting to the variance requested, and the Board's procedural errors at the May 18 meeting. The other was a response to this letter from Baynes. The Board took time to read and review the letters at length.
Chairman Scalici apologized for his incorrect interpretation of Robert's Rules at the May 18 meeting. He said that the Board had not fully explored the full considerations of either a denial or approval of the variance. Scalici said that the extra time did give him the opportunity to visit the property and better understand the issues. He asked whether the Board had any further questions of Mr. Baynes or Mr. Dunlap.
Board members asked various questions. Greg Crowell asked Mr. Baynes if he would consider a compromise, i.e., reducing the requested variance from 20 to 10 feet. Baynes was receptive to the idea, and Mr. Dunlap indicated it would mitigate his objection.
The Board discussed and reviewed aerial photographs with Messrs. Baynes and Dunlap. A diagram of the proposed dwelling was superimposed on the photos to show its placement on the parcel. Chairman Scalici asked whether Mr. Baynes had considered shifting the house to reduce the obstruction to Mr. Dunlap's view of the Lake. Baynes felt this would create other problems.
Mr. Dunlap said that the variance should not be granted, because it was possible to build the house within the zoning laws. He listed the five questions in Section 9.03(2) on page 42 of the Land Use Law, which he said all had to be answered "no" for a variance to be granted. Chairman Scalici pointed out that it was almost always possible to adhere to zoning laws, but that people have reasons for requesting variances. It is up to the Board to determine whether the reasons are valid, and to weigh the answers to those five questions in making its decision.
The Board further discussed Section 9.03 of the Land Use Law, and how it applied to this application. Jim Ferrari pointed out that it was premature to judge the Board's decision, since no motion to approve the variance had yet been made.
Following the discussion, Mr. Dunlap stated that he was amenable to the compromise suggested by Greg Crowell. Mr. Baynes then offered an oral modification to his application for an area variance, reducing the request from 20 feet to 10.
Jim Ferrari made a motion to grant the area variance of a 10-foot side-yard setback, given the following findings:
* The building of a new house is an improvement, the variance is within the character of the neighborhood, and any undesirable change is mitigated by the dedicated easement that exists between Messrs. Baynes and Dunlap.
* Given the contour of the property and the demands of home construction, the benefit sought by the applicant cannot be reasonably obtained by any other means other than a variance.
* Ten feet is not a substantial variance.
* The variance will not have a significant adverse impact on the surrounding environment.
* While the situation is self-created to some extent, the hardship exists as a natural condition of the property.
The motion was seconded by Sam Hoskins. After discussion, roll call was taken, and the motion was approved, 5-0. The area variance was thus approved.
OTHER BUSINESS
Chairman Scalici informed the Board that new Zoning Enforcement Officer Jane Berry will be determining the completeness of applications for variances coming before the ZBA.
The Board discussed the Vivian Beckmann application, copies of which were distributed to the members. It requests area variances for side-yard set-backs, and will come up for public hearing at the July 20 ZBA meeting.
Sam Hoskins moved to adjourn the meeting. The motion was seconded by Joe Potrikus and carried, and the meeting was adjourned at 8:43 PM.
Respectfully submitted,
Bill Deane, Secretary
AGENDA
Town of Otsego Zoning Board of Appeals
July 20, 2004
PUBLIC HEARING
04.05 - William & Vivian Beckmann - Area Variance; side-yard set-back
REGULAR MEETING
Call to Order
Roll Call
Minutes of June 15, 2004
CORRESPONDENCE
APPLICATION
04.05 - William & Vivian Beckmann - Area Variance; side-yard set-back
OTHER BUSINESS
Daniels Brothers - Reversal of Sign Permit #S00063 issued on February 18, 2004 per Section 9.01 Board of Appeals, Town of Otsego Land Use Law