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TOWN OF STERLING ZONING BOARD OF APPEALS July 17, 2017 A meeting of the Town of Sterling Zoning Board of Appeals was held on Monday, July 17, 2017 at the Sterling Town Hall at 7:01 pm with the following members present: Laurence Lemon ~ Chairman Darrell Uetz ~Member Richard Palmieri ~ Member Charles Itzin ~ Member Excused: Member Brad Dates Also Present : William Burke, Dennis Zaluzhny, Joan Kelley, Vern Bishop and Carolyn Waterman. The meeting was called to order at 7:00 PM by Chairman Laurence Lemon. PUBLIC HEARING Chairman Lemon read aloud the legal notice and opened the Hearing at 7:00 PM. Notice is hereby given that the Zoning Board of Appeals for the Town of Sterling will hold a Public Hearing on Monday, July 17, 2017 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156 to hear an Area Variance request by David & Ellen Gaffney. A request for relief of the Town of Sterling Land Use Regulations Article VII, Section 1, Table 1 – Minimum Rear yard setback requirement in regards to proposed 16’x24’ residential addition on property located at 16156 Ford Drive, Sterling, NY 13156; Tax Map #2.06-1-50. 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 The applicant’s contractor, William Burke, approached the Board to explain the requested variance. He stated that the Gaffney’s would like to build a 16’x24’ addition on the back side of their home and would be almost 18’ off the rear property line once constructed, which they feel would leave ample room to access the rear yard if needed. The septic system is located on one side of the house; the other side of the house is open and provides views for the neighboring properties which the owners are reticent to change. An existing door in the back of the house would provide access to the addition without disturbing the flow or changing the natural light that currently comes thru the side windows. Member Palmieri had visited the site and questioned what other work was occurring at the house. Mr. Burke replied that the house and property had suffered damage because of the excessive rain and requires replacement of supporting members as well as foundation repairs. The Gaffney’s felt that with the repairs being started it would be a good time to add on to the house for extra room. Member Palmieri stated that although it is a refreshing thought for the views of the neighbors to be a concern, it can’t be a contributing factor in granting the variance especially since there is 44’ of yard to work with. The contractor replied that the internal floor plan of the house doesn’t allow for practical connection of an addition on that side, and that the house yields only 20’ of workable length because the porch is connected to the front of that side. Chairman Lemon asked what the addition would be used for. Mr. Burke replied that the floor plan hadn’t been determined as of yet, but the proposed size (382 sf) would allow for extra bedrooms, a family room, guest room or rooms for storage. Chairman Lemon asked how many people lived in the house and was told two. Chairman Lemon replied that a reason for why the extra space is needed and not just wanted is a necessary component for justifying a variance request. Member Uetz commented that there is enough to room on the side of the house to build the addition without needing any variances. He also stated that the addition would leave little space for a back yard which would essentially serve as a receiving area for runoff from the roof as well as additional runoff from the lot. A potential for erosion issues could arise for this parcel as well as the adjacent parcel. The hardship presented for a variance is self-created because the chosen location is not the only location available in fact the side yard is large enough and would be compliant with the LUR. Member Palmieri agreed that the side yard was available and the best location because the size of the proposed addition would comply with the LUR and not require a variance. Member Itzin agreed that an alternate location was available, and stated that although the lot behind the house is vacant now it could be developed in the future. The Hearing was opened for public comments and Joan Kelley ---PAGE BREAK--- questioned the construction of the addition which would be stick built and on block, and checked the parcel location on the map in relation to property she owns. Without any further public or Board comments, the Hearing was closed at 7:18 PM by Chairman Lemon. A motion was moved by Member Palmieri to grant the requested rear setback relief of 18’ from 35’ required to construct 16’x24’ residential addition. The motion was seconded by Member Uetz , a roll call vote was taken and the request was unanimously denied. Resolution 2017-05 BE IT RESOLVED, by the Zoning Board of Appeals for the Town of Sterling, upon the facts presented and the determination made, that the application for the requested variance of 18’ relief for rear setback requirement of 35’ for proposed 16’x24’ residential addition on property located at 16156 Ford Drive, Sterling, NY 13156; Tax Map # 2.06-1-50 is hereby DENIED. Roll call vote was taken: Lawrence Lemon, Chairman Naye Richard Palmieri, Member Naye Darrell Uetz, Member Naye Charles Itzin, Member Naye Brad Dates, Member Absent 0 AYES 4 NAYES 0 ABSTENTIONS – REQUEST DENIED PUBLIC HEARING Chairman Lemon read aloud the legal notice and opened the Hearing at 7:25 PM. Notice is hereby given that the Zoning Board of Appeals for the Town of Sterling will hold a Public Hearing on Monday, July 17, 2017 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156 to hear Variance requests by Dennis Zaluzhny. A request for relief of the Town of Sterling Land Use Regulations Article VII, Section 1, Table 1 – Minimum Front yard setback requirement; and Article VIII, Section 7, Table 3 – Accessory Uses in regards to a proposed 40’x80’ storage pole barn on property located at 1861 Nichols Road, Sterling, NY 13156; Tax Map #16.00-3- 7. 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 Dennis Zaluzhny and his father approached the Board to present their request for relief of front setback and approval to construct a pole barn previous to a residential structure. The pole barn has been located 70’from the centerline of the road or 45’ from the property line because the ground begins to slope downward as you approach the rear yard, at the proposed location fill would not be needed. The Board members commented that the property exists on both sides of the road with 1.2 acres on the south and 7.8 acres on the north, why doesn’t he build on the north property where he has room to build the pole barn without requiring a front variance. The applicant replied that he plans to build a residence on the north side eventually but for now clean up is consuming there time because of the junk piles that exist throughout the property. He further stated that the pole barn would hold the tractor and other tools they use to clear the north side and would be used for personal storage. Member Uetz asked if they planned to have upstairs storage in the pole barn and was answered that they wouldn’t be able to because they are using trusses. A discussion began regarding the use variance with confusion regarding the reasoning why an application was needed. Member Palmieri felt that oversight by the CEO with a building permit should prevail as would with any other pole barn and stated that a Use variance isn’t required. Chairman Lemon stated that the basis for the appeal doesn’t seem to be an appropriate application of the Use Variance process and feels that this is further inhibiting the process. The clerk stated that the CEO’s interpretation of the Use Chart is dictated by the proposed Use (not structure) and that a pole barn is considered an accessory structure by our LUR and is incidental to the principle use which in this case is residential. The Use Chart allows pole barns as a principal use for agricultural and commercial uses – Mr. Zaluzhny is not intending to farm the land nor is he opening a business, therefore the CEO denied the building permit application. The Use Chart and LUR consistently upholds the intended Use as the determining criteria – for example, if an applicant wanted to build a greenhouse as a residence and could build it to NYS Building Code regulations then the CEO would have to approve the application because it would satisfy the residential ---PAGE BREAK--- Usage parameters of the LUR. The Board members listed many locations in the Town where pole barns on vacant land have been built in the past 5-10 years and are disconcerted in the inconsistency of the new interpretation. The Hearing was opened for public comment, in which Joan Kelley stated that she had been a member of the Zoning Commission when the LUR was written and it was never the intention to prohibit pole barns from being constructed on vacant land. Many people who purchase property in Sterling and live elsewhere build a storage structure for personal usage during the summer months when they use the land, and many of those people build homes eventually. The message that this interpretation sends is not in the best interest of the Town. Without any further public or Board comments, the Hearing was closed at 8:07 PM by Chairman Lemon. A motion was moved by Chairman Lemon to grant the requested Use Variance to build a 40’x60’ pole barn on vacant property to be used for personal storage only. The motion was seconded by Member Uetz, all were in favor and the motion carried. The Board emphasized that they approved the Use variance because they conclude it serves as the intended use and was not clearly addressed in the LUR leaving it open to broad interpretation. Resolution 2017-06 BE IT RESOLVED, by the Zoning Board of Appeals for the Town of Sterling, upon the facts presented and the determination made, that the application for the requested Use Variance to build proposed 40’x60’ storage pole barn, an Accessory Structure, on vacant property located at 1861 Nichols Road Drive, Sterling, NY 13156; Tax Map # 16.00-3-7 is hereby APPROVED upon the following express condition: The storage pole barn is for personal use ONLY. Roll call vote was taken: Lawrence Lemon, Chairman Aye Richard Palmieri, Member Aye Darrell Uetz, Member Aye Charles Itzin, Member Aye Brad Dates, Member Absent 4 AYES 0 NAYES 0 ABSTENTIONS – REQUEST APPROVED Chairman Lemon suggested that a statement of consideration be made to the Zoning Commission in support of an amendment to the LUR to correct this oversight. It is as follows: The Membership of the ZBA granted a Use Variance to allow the construction of a pole barn on a vacant piece of property, which has been commonplace in the Town previously, and we suggest that an amendment to the LUR is necessary to prevent the situation from reoccurring. It is our opinion that the interpretation of the LUR by the CEO, being that the principle use on a legal building lot must be either residential, agricultural or commercial; and that that principle use must be built prior to an identified accessory use, is erroneous and contradictory to the intent of the LUR. The ZBA members deliberated the merits of the area variance request for 35’ relief from the front setback. Member Uetz stated that he would like to see the barn at 105’ because Mr. Zaluzhny has not presented a significant reason for the proposed location. A topographical map would have shown slope but doesn’t think the area in question is more than 4’ difference which is not substantial. The applicant agreed and stated that the fill wouldn’t be excessive if they moved the pole barn to the required 105’ setback. Member Itzin stated that he also saw no reason to justify a reason when the applicant has so much land to work with. A motion was made By Member Itzin to grant the area variance requested for 35’ relief of front setback to construct a 40’x60’ pole barn, the motion was seconded by Chairman Lemon. A roll call vote was taken and the request was unanimously denied. Resolution 2017-07 BE IT RESOLVED, by the Zoning Board of Appeals for the Town of Sterling, upon the facts presented and the determination made, that the application for the requested variance of 35’ relief for front setback requirement of 105’ for proposed 40’x60’ storage pole barn on property located at 1861 Nichols Road, Sterling, NY 13156; Tax Map # 16.00-3-7 is hereby DENIED. Roll call vote was taken: Lawrence Lemon, Chairman Naye ---PAGE BREAK--- Richard Palmieri, Member Naye Darrell Uetz, Member Naye Charles Itzin, Member Naye Brad Dates, Member Absent 0 AYES 4 NAYES 0 ABSTENTIONS – REQUEST DENIED MINUTES A motion to approve meeting minutes for May 31, 2017 was moved by Member Palmieri and seconded by Chairman Lemon, all were in favor and the motion carried. ADJOURN On a motion by Member Itzin and seconded by Member Palmieri the meeting was adjourned at 8:27 PM. Approved Minutes, Respectfully submitted, Lisa Somers ZBA Clerk