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November 1, 2017 TOWN OF NILES BOARD OF APPEALS IN THE MATTER OF APPLICATION For Lot Area Variance at: 3952 Twelve Corners Road In the Town of Niles Case Number: NV2017-1 Tax Map Number: 156.00-1-49 The Board of Appeals of the Town of Niles met for a public hearing on November 1, 2017 at 7:00 PM at the Niles Town Hall in New Hope, New York. PRESENT: Donald Klein, Chairman Elaine Axton Ronald Rybak Chad Matijas Kathleen Gorr John Nolte, Alternate Sara Finizio, Secretary OTHERS: Kenneth Young II, Kenneth Alnutt The public hearing was opened by Chairman Donald Klein at 7:03 PM. Mr. Klein asked everyone to stand for the Pledge of Allegiance. A motion was made by Mrs. Axton and seconded by Mr. Rybak to approve the minutes from the November 16, 2016 public hearing. Motion carried unanimously. A motion was made by Mr. Matijas and seconded by Mrs. Axton to waive the reading of the newspaper article posted in the Citizen on October 19, 2017. Motion carried unanimously. Proof of notice was entered into the record. Neighbors were sent notification of the public hearing. A letter from Mr. and Mrs. David Rowe, against the variance, and a letter from Mr. and Mrs. J. Edward Murray, in favor of the variance were received. No other correspondence was received. The property for which the variance was requested is located at 3952 Twelve Corners Road in the Town of Niles. The relief sought is variance of section 164-6 of the building lot area requirement law of the ---PAGE BREAK--- Town of Niles to allow construction of a single family structure on an area that is less than the 2 acre minimum requirement. EXHIBITS: Exhibit A – Blue prints of proposed structure Exhibit B – Copy of survey map ALLEGATIONS OF APPLICANT: Kenneth Young II informed the Board that he would like to construct a one story single family house on 1.05 acres of land that he purchased in 2008. At that time he removed a standing structure and trailer and cleared the site. At that time he also was not aware of the 2 acre minimum requirement needed to construct a new building. He did attempt to purchase the remaining .95 acre of land from the surrounding landowner, but was not able to do so. Mr. Young stated that there is already a septic system and well on the lot. After questions from the Board members to the applicant, Mr. Klein closed the public portion of the meeting at 7:28 PM. FINDINGS OF FACT BY THE BOARD OF APPEALS: It would not be detrimental to neighboring properties. There is a substantial difference in lot area and lot area requirement. There would be no adverse impact on the environment. All setbacks are up to code. There is no other method possible. The prior building set up could establish a pre-existing ruling. Any undue hardship would be self created. Mrs. Gorr made a motion to accept the variance as written and Mr. Rybak seconded the motion. Motion carried unanimously. DECISION: On the basis of the forgoing findings of fact, the lot area variance was GRANTED by the following vote: Donald Klein No Elaine Axton Yes Ronald Rybak Yes Chad Matijas Yes ---PAGE BREAK--- Kathleen Gorr Yes A Notice of Action will be forwarded to the applicant. A motion was made by Mrs. Axton and seconded by Mr. Matijas to open the public portion of the meeting at 7:40 PM. Motion carried unanimously. No further applications for this meeting, therefore a motion was made by Mr. Matijas and seconded by Mrs. Axton to close the meeting at 7:43 PM. Motion carried unanimously. Respectfully submitted, Sara Finizio Secretary, Board of Appeals