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TOWN OF STERLING ZONING BOARD OF APPEALS November 30, 2016 A meeting of the Town of Sterling Zoning Board of Appeals was held on Wednesday November 30, 2016 at the Sterling Town Hall at 7:00 pm with the following members present: Laurence Lemon ~ Chairman Richard Palmieri ~ Member Darrell Uetz ~ Member Brad Dates ~ Member Absent: Member Charles Itzin Also Present : Donald & Colleen Laribee, Gene Schoonmaker and Joe Cacchione. The meeting was called to order at 7:01 PM by Chairman Lemon. PUBLIC HEARING Donald & Colleen Laribee Chairman Lemon read the legal notice into the minutes; the Public Hearing was opened at 7:03 PM. Notice is hereby given that the Zoning Board of Appeals for the Town of Sterling will hold a Public Hearing on Wednesday, November 30, 2016 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156 to hear an Area Variance request by Donald & Colleen Laribee. A request for relief of the Town of Sterling Land Use Regulations Article VII, Section 1, Table 1 – Minimum front yard setback and minimum lot size requirements in regards to proposed 12’x24’ utility shed on property located at 15627 Firelane Sterling, NY 13156; Tax Map # 3.16-1-2.1. All those wishing to be heard in favor of or in opposition of said application may appear in person or by other representation at said time and place. By order of the Zoning Board of Appeals, Lisa Somers, Clerk. Don and Colleen Laribee explained to the ZBA members that they had purchased property on Firelane #2 to use mostly seasonally but the residential structure is inhabitable and becoming dangerous because of a buckling foundation. They had hoped to demolish the house this past year but have been unable to spend enough time out there to accomplish anything yet. They are asking to place a 12’x24’ shed within the required front setback area on the property to have an area for a bathroom and temporary space to stay and keep belongings while they work on the property. With approximating numbers for a temporary road width of 30’ and an additional 10’ from edge of road to railroad tie fencing as a property line, then the difference of 35’ to meet the requirement of 75’ would place the shed into a sloped area that they are trying to avoid. The property changes 50’ in elevation over the 300’ depth with two semi-plateau areas – one near the roadway and one at the water/beach area – the area in between, where the existing structure is, has a steep grade. Photos were taken from the side of the property and then connected to illustrate the steep drop in grade which was provided to each of the members. The property is undersized at 70’ wide and 300’ depth, and has a well and viable septic system according to the Cayuga County Health Department. The intent is to replace the old house located in the middle of the property with a new structure at the top of the property where the road is and utilize the existing utilities. The contractor/excavator that brought the already purchased shed to the site recommended that a retaining wall be placed about 5’ from the shed to stabilize the bank and ensure that the shed stays level. The applicant had supplied a site plan map utilizing an old septic plan which located the existing structure but lacked appropriate dimensions for property line versus road right-of-way to properly locate the proposed shed in accordance to the LUR. Chairman Lemon opened the Hearing to the public as discussion continued amongst the members regarding measurements, neighboring property owners joined the conversation to assist in establishing where the roadway was located. Gene Schoonmaker (neighbor to the south) stated that the existing railroad tie fencing/retaining wall is approximately where the property line is and could be referenced for dimensions. The Laribee’s use an area outside of the railroad ties to park vehicles which is approximately 10’ wide and would be considered to the edge of the road. Mr. Schoonmaker stated that he didn’t have a problem with the proposed location as described tonight – he was under the impression that the present location of the shed would become permanent and he opposed that location. Members of the Board continued to discuss the dimensions and agreed that Mr. Laribee ---PAGE BREAK--- would need to get real field measurements of the roadway, center of road to the railroad ties and establish a property line to use as a reference for a variance determination. Another neighbor, Joe Cacchione, stated that he had concerns about erosion occurring especially after a 960 sq ft structure (minimum living space per LUR) is added to the small parcel. Mr. Laribee replied that the retaining wall on the site plan was recommended by his excavator to prevent erosion, stabilize the bank beyond the shed and allow leveling of the property for final placement. The retaining wall would be constructed of pressure treated 6” timbers, between two and three feet tall, be mostly buried and be 24’ long to run parallel to the shed. The Board assured the neighbor that the CEO would regulate the construction on the lot per NYS building codes which evaluates steep slope construction and enforces erosion control measures. Chairman Lemon also stated that a smaller structure could be applied for with a variance requesting relief from the dimensional requirements of the LUR. Mr. Laribee wasn’t opposed to a smaller structure and had been thinking of extending the shed toward the lake with structural support from piers or stilt construction which would leave more existing ground undisturbed and lessen the degree of erosion. Chairman Lemon stated that field measurements were required before the Board could proceed with reviewing the application. The members agreed that if Mr. Laribee could obtain the information over the weekend and notify the Clerk what the results were on Monday, then the Board members could meet again as early as Tuesday (Dec. 6th) noon to close the Hearing and make a determination. Announcement of the meeting time and date made prior to the adjournment of this meeting, and the postponement being for a short period of time, nullifies the need for public notice to be done again. Mr. Laribee stated that he couldn’t be present for the Tuesday meeting because of his work schedule, Chairman Lemon informed him that his presence wasn’t necessary and the Clerk would notify him of any actions taken. MINUTES A motion to approve meeting minutes for September 8, 2016 was moved by Member Uetz and seconded by Member Dates, all were in favor and the motion carried. ADJOURN On a motion by Chairman Lemon and seconded by Member Palmieri, the meeting was adjourned at 8:07 pm. Unapproved Minutes, Respectfully submitted, Lisa Somers ZBA Clerk