DRAFT
SPECIAL MEETING
Present:
David Swanson, Chairman
Peter Foster
Cathy Clark
Rolly Allen
John Brown, Clerk
Pam Peterson
Graham Bailey, Zoning Enforcement Officer
Mary Jo Keeler, Recording Secretary
Absent:
Nancy Harrigan
Ch. Swanson opened the Special Meeting at 7 pm.
BUILDING HEIGHT:
The Board discussed the final version of the “Building Height” before it is presented to the Town Board.
RECOMMENDATIONS TO ZBA:
MIZER (12.18-1-9) SP 11-04
Mohawk Lane TR-1
The house will basically be built on the same foundation. The Mizers would like to remove the second house, build a larger house and have a storage building, without plumbing, nearer the house. ZEO Bailey mentioned he still has a potential problem with the septic system being adequate.
The house is currently 8’ from the setback on one corner and 10’ on the other. The new house would be re-situated to conform to the 10’ setback.
The present application is not complete because a final plan was not submitted. The existing house had been replaced in 1976. The screened-in porch was added in 1981. The Board needs to know the full plan before a decision can be reached.
ZEO Bailey feels if the Mizers want to add the extra width to the house and it doesn’t increase the degree of nonconformity to the setback from the lake, it is a ZBA issue because it would be within 50’ of the lake.
Ch. Swanson said the 25% rule also needs to be taken into consideration. Mr. Bailey asked whether the 25% is based on one structure or the two structures since one is going to be taken down. Ch. Swanson referred to the Code Book and determined that the 25% rule pertains to one structure.
ZEO Bailey questioned how he could cancel the Mizer portion of the Public Hearing that is scheduled at the ZBA Meeting on Thursday, 6/24. The Board felt that a notice could be put on the door, the press should be notified and Mr. Bailey will call the Mizers to save them from attending.
ZEO Bailey will provide the Planning Board with full dimensions on all buildings surveyed – the existing and proposed.
A conceptual plan from the Mizers was requested rather than the Planning Board telling the Mizers what they cannot do. If a plan is submitted, the dimensions and setbacks can be addressed then.
Mr. Bailey will call the Mizers to tell them they are not ready for a Public Hearing. They will also need to submit a survey and the actual plans on what they propose to do to the Board. Mr. Bailey will recommend strongly that they don’t submit any plans that will increase the width closer than 50’ to the water and to the maximum extent possible try to incorporate storage either with the house and with the garage. The second building should be removed and any part of the new building that will be more than 32’ wide should be moved back farther from the lake.
OXFORD/TIER (76.30-1-3)
Silver Bay Rd. TR-1r
Applicant wishes to subdivide property into two lots, both of which would be nonconforming. Originally lot was comprised of two parcels. Recently they were combined into a single lot. Applicant wishes to now revert to a 2-lot subdivision requiring a variance in order that her brothers may dispose of their portion of the property.
The proposed lots would have 105’ of lakefront each but they would be non-conforming lots.
The Board is sympathetic to Mrs. Oxford but feels the law was written differently. ZEO Bailey did inform Mrs. Oxford there is a provision in the Zoning Regulations that if she and her brothers deeded the property to their children under gifts and devices, the children could then divide it.
R. Allen made a motion to recommend disapproval of the subdivision to the ZBA; P. Foster seconded. ZEO Bailey informed them that the Board cannot disapprove a request until after a public hearing. The choices for the Planning Board are that they can make no recommendations at this time; they can listen to the Public Hearing and decide afterward, as a Board, to disapprove the subdivision. If the Board wants to approve the subdivision, they can recommend that to the ZBA or, the Board can deny the request but it cannot be denied without a Public Hearing.
R. Allen withdrew his previous motion and made a new motion to deny the request to divide the property in half; D. Swanson seconded. ZEO Bailey reiterated that the Board cannot deny the request until after the Public Hearing.
There was discussion as to whether this request is actually a variance request or if it is a waiver.
R. Allen withdrew his second motion.
J. Brown made a motion to approve the waiver; P. Foster seconded.
Roll Call Vote:
R. Allen no
J. Brown yes
P. Foster yes
D. Swanson yes
C. Clark yes
P. Peterson no
The original vote was 4-2 in favor of approving the waiver. However, Ch. Swanson recanted his vote due to a misunderstanding of the motion. The vote was then split at 3-3.
This motion would result in a report to the ZBA of a 3-3 vote and therefore no recommendation would be given.
D. Swanson made a motion to recommend the variance be granted; J. Brown seconded.
Roll Call Vote:
R. Allen no
J. Brown yes
P. Foster no
D. Swanson no
C. Clark yes
P. Peterson no
The motion was denied with a 4-2 vote.
ADJOURNMENT
J. Brown made a motion to adjourn; C. Clark seconded. All members voted aye. The meeting was closed at 8:25 pm.
Respectfully submitted,
Mary Jo Keeler
Recording Secretary