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TOWN OF STERLING ZONING BOARD OF APPEALS September 26, 2018 A meeting of the Town of Sterling Zoning Board of Appeals was held on Wednesday, September 26, 2018 at the Sterling Town Hall with the following members present: Richard Palmieri ~ Chairman Darrell Uetz – Member Charlie Itzin ~ Member Brad Dates ~ Member Honore Yuhas ~ Member Also Present: James Flora, Phillip Flora, Contractor Al Gorman, Tina Malcott and Linda Parry. The meeting was called to order at 7:00 PM by Chairman Rich Palmieri and new member Honore Yuhas was welcomed to the ZBA. PUBLIC HEARING James D. Flora Acting Chairman Palmieri read aloud the legal notice and opened the Hearing at 7:01 pm. Notice is hereby given that the Zoning Board of Appeals for the Town of Sterling will hold a Public Hearing on Wednesday, September 26, 2018 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156 to hear Area Variance requests by James D. Flora. A request for relief of the Town of Sterling Land Use Regulations Article VII, Section 1, Table 1-Front yard setback requirement and Minimum lot size requirement; and Article VII-Front setback for corner lots in regards to placement of proposed 26’8”x44’8” manufactured home on property located at 13373 Craine Road, Red Creek, NY 13143; Tax Map #18.00-1-2.21. 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 Chairman Palmieri asked the applicants to explain their variance request. Al Gorman, the manufactured home contractor, and the Flora’s approached the Board and stated that the previous mobile home on the property had suffered damage to the frame because the foundation had crumbled. The previous mobile home was a single wide and is being replaced with a doublewide, which conforms to the LUR, but requires double front setback variances. The proposed new location is at a different spot on the property because the new larger unit (12’ wider) would encroach closer to Craine Road if placed in the same location. The existing septic system and well connections are behind the original mobile home therefore the new unit is located close to this area with a different orientation to the road (perpendicular). The lot size was also questioned at 1.8 acres, but additional property in Wolcott enlarges the lot past the 2 acre minimum. Member Uetz asked where the previous mobile is? Al Gorman replied that they had pulled it over to the north side property line to get it out of the way so that he could remove the crumbled foundation, clean the area up and start the preliminary work for the new home. The members told them that the demolition of the old home and/or relocation should be documented through the Codes office. The applicants stated that the new home was already on site in the driveway and awaiting ZBA approval and issuance of a building permit. Member Itzin asked why the new location is so close to Viele Road. The contractor explained that the power pole is directly behind the new location as well as hook-ups for the well and septic tank, placing the new mobile elsewhere on the property would increase the cost to connect to the existing utilities. The applicants commented that since the number of bedrooms and bathrooms has not changed the existing septic should be acceptable to the Department of Health. The submitted site plan also shows contours at 4’ increments that identify a hill in the rear yard which begins a short distance from the proposed new location, relocating the new mobile to a different location than proposed would increase costs due to the amount of backfill needed to accommodate the sloping topography. The members questioned dimensions between the proposed location and the existing utilities in order to minimize the request for Viele Road. The power pole was closest at 1’-2’ and the easiest to relocate by the power company. The contractor stated that a 10’ setback from the septic tank s standard which would allow them to move the new home north a distance of 20’ diminishing the request for a variance from 53% to 34%. Chairman Palmieri opened the Public Hearing to public comments – there were none; the Hearing was ---PAGE BREAK--- closed by Chairman Palmieri at 7:22 pm. The Board members continued deliberating the merits of the requests as follows: Member Itzin stated that the improvement of the property condition with a manufactured home that is compliant with the LUR is good for the Town. The compromise to relocate the unit to become more compliant and require a smaller variance is part of the process which the applicants are agreeable to. He is in favor of the proposed location and associated variances if unit is relocated 20’ northward. Member Dates stated that the two variances at 34% and 8% are acceptable to him. He is concerned with the fact the CEO will be leaving soon and that the Codes Office will be unable to enforce the ZBA action or oversee the applicant’s activities. New Member Yuhas replied that CEO Jay Moose wouldn’t be leaving until November 25, 2018 and that this building permit would most likely be processed before then. She added that as the Codes Clerk, she would make notes from the property file contents for any new permits being processed ensuring the CEO’s awareness. Member Uetz stated that the Mr. Flora is a retired person looking to improve the property that he resides at and his willingness to change the plan and be accommodating in fulfilling the Town requirements if at possible helps to mitigate the requests. He is willing to accept a location of 69’ from Viele Road and 96’ from Craine Road because other locations on the property would greatly increase his for utilitiy connections and multiple loads of fill to stabilize the home. Discussion ensued regarding the criteria to be considered by the ZBA. The proposed use will not produce an undesirable change in the character of the neighborhood, nor will it have any negative impacts to the environment. The need is not self-created in that the original home and foundation crumbled from age and the replacement required by the LUR is larger and will not fit in the original footprint. The properties topography does not easily allow an alternate location without inducing added cost. The request is substantial but negotiation between the Board and Mr. Flora to move the location 20’ north accomplished a smaller variance request. Without further comments a motion was moved by Chairman Palmieri to approve double front setback variance requests by James Flora for the installation of 26’8”x44’8”manufactured home. It was seconded by Member Dates, all were in favor and the motion carried. Resolution 2018-7 BE IT RESOLVED, by the Zoning Board of Appeals for the Town of Sterling, upon the facts presented and the determination made, that the requested variances for relief of setback requirements for installation of 26’8”x44’8”manufactured home be granted a follows: have 9’ relief of front setback from Craine Road and be located 96’ from centerline, and, have 35’ relief of front setback of a corner lot from Viele Road and be located 69’ from centerline, as is located on submitted plan dated 9/26/18, on property located at 13773 Craine Road, Red Creek, NY 13143; Tax Map # 18.00-1-2.21 is hereby GRANTED with the following express conditions: None. Roll call vote was taken: Richard Palmieri, Chairman Aye Darrell Uetz, Member Aye Charles Itzin, Member Aye Brad Dates, Member Aye Honore Yuhas, Member Aye 5 AYES 0 NAYES 0 ABSTENTIONS – REQUEST APPROVED PUBLIC HEARING Tina Malcott Acting Chairman Palmieri read aloud the legal notice and opened the Hearing at 7:28 pm. Notice is hereby given that the Zoning Board of Appeals for the Town of Sterling will hold a Public Hearing on Wednesday, September 26, 2018 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156 to hear Area Variance requests by Tina Malcott. A request for relief of the Town of Sterling Land Use Regulations Article VII, Section 1, Table 1 – Minimum front yard setback requirement; Article IX, Section Single dwelling allowed per lot; and Article IX, Section 3-(C) Minimum width requirement for Manufactured Home in regards to placement of proposed 14’x72’ ---PAGE BREAK--- manufactured home on property located at 1358 Williams Road, Sterling, NY 13156; Tax Map #10.00-1-11. 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 Chairman Palmieri asked the applicant to present her request. Tina Malcott stated that she purchased a brand new single wide manufactured home to replace the existing single wide that is in very poor condition and would be costly to renovate. The current mobile was placed in 1975 before zoning was established in Sterling and the LUR does not allow for single wide homes unless in an approved PDD. The applicant looked at wider units but due to their increased cost she was unable to secure financing. The property has been in her family since the early 1800’s and she was recently added to the property title to continue family ownership in the future. She stated that the mobile that she is replacing was placed there when she was a baby, she grew up on the property while her Dad and Grandfather farmed the land, and she would now like to raise her family there and be in a position to provide for her father should he require assisted living. She explained that the other mobile home on the property has been there since the 80’s and has family living in it, as does the mobile she wishes to replace. The family does not intend to install more residences on the property but wants to continue the current usage while updating the outdated and unsafe structure. Although Ms. Malcott cannot afford to build a home currently she would like to in the future after she establishes herself, and would build the new home at a location compliant with the LUR. The financing that she received covers the cost of the home and the cost of G&I Homes to set the house on the piers only, she will still need to pay for an engineered approved design of the foundation piers for the CEO. The work to complete and close up the house is to be done by family members at no additional cost. Ms. Malcott concluded that she has done everything she can to purchase a nice home that she can afford to raise her kids in, and be on property that has been in her family for generations. She feels that her hardship deserves consideration and approval by the ZBA. Member Itzin stated that to replace an exact footprint with a new model wouldn’t be allowed, and the LUR required formation of a PDD for a home under 20’ wide wouldn’t be practical in this situation. Stick-building a home would exceed her financial ability, so her only recourse is the 16’x72’ manufactured home that requires variances. He stated that the Town’s regulations should not inhibit the ability of working people to have adequate housing which appears to be the case for Tina Malcott. Member Uetz asked some technical questions referring to the proposed foundation which will need changes for a larger unit. Ms. Malcott explained that there is not an existing concrete pad and that CEO Moose had approved the use of piers but that she needed to obtain a stamped engineering report for the new design. She added that she had already discussed the matter with an engineer, received an estimate for cost and is awaiting ZBA approval to commence with the work. Member Uetz also asked how far away the septic tank was located because the industry standard is 10’; she replied that it is 6’ from the front of the current home. The ZBA decided it was a non-issue because the Town does not have a regulation concerning the distance and the utility will not be changed except for hook-up. The members discussed the light pole location and the possibility of pivoting the unit so as to create more space for the septic tank and the light pole. Tina Malcott replied that new piers were being designed but that utilizing the existing piers would be cost beneficial. Chairman Palmieri asked what size the new home would be because the documents list varying sizes and the LUR requires a 20’ minimum width for manufactured homes. Tina Malcott responded that the home was 14’ wide, and was corrected to 16’ wide by the manufacturer’s literature detailing the model - The Breeze. She stated that she had priced a doublewide for the same overall size and the least expensive was $65,000 (not including tax, delivery and other fees) and she was approved for $50,000. She was asked if she could renovate the existing home and she said that the condition was really poor because of neglect from a current tenant, not only would it be expensive but the bank would not approve a loan for a renovation project of a mobile home of that age. The issue of multiple dwellings was discussed because the LUR allows one dwelling per lot and this property has two. The possibility of subdividing the property to create a 2 acre parcel including the home was an option but the cost for filing an application with the Town as well as obtaining a survey map would incur additional expenses. Ms. Malcott added that the open acreage is in the back of the property, whereas the house is clustered with the barns and farm ---PAGE BREAK--- access road in the front of the property, she wouldn’t know how to split a legal sized parcel from the farm. Chairman Palmieri opened the Hearing to public comments. Neighbor, James Sherman, was in favor of the variance because the owners want a livable residence on an 85 acre parcel which they can afford. If the variance isn’t granted then the existing mobile would remain and there would be no incentive to maintain the area. The Town benefits because the assessment increases, and the neighborhood benefits aesthetically. With no further public comments regarding this application the Public Hearing was closed at 8:19 pm. Chairman Palmieri read aloud the criterion the ZBA uses to balance the merits of the request and the following statements were made: Member Itzin stated that the property has been in the family for generations and different family members have lived in the structures, it seems to be an unnecessary burden on the owners to need a survey of 85 acres and subdivide family land just to upgrade a residential structure whose intended use isn’t going to change. If the Town regulations impede personal progress because owners cannot afford compliance, then there would be no improvements made to properties and that’s not the intentions of the Town. Member Dates stated that the Board is normally reviewing small lots where the owners are trying to force a second larger replacement dwelling into a fixed area, whereas this is a large property with little to no encroachment on adjacent parcels. Enforcing the letter of the rule in all situations does not always represent the spirit of the rule; this application is an example of that. Member Uetz stated he was in agreement with the hardship as identified and stated that the only defense would be to award the minimum variances needed because there is no financial alternative for the applicant. Member Yuhas was also in agreement, she stated that the dwellings have been there for years without issue or problem and the only change is improvement of the structure. Chairman Palmieri summarized that the ZBA viewed the residential use of two dwellings as existing previous to zoning and that the current action wasn’t changing the use, only replacing an uninhabitable structure, therefore they determined the current usage would continue. The members discussed the term of a variance which stays with the property forever and felt it prudent to specify in a condition of approval that no additional residences would be allowed and if either existing home is removed in the future then the parcel reverts to the standards of the LUR with only one dwelling per parcel. Area Variances for front setback and manufactured home width are the two issues to be addressed. The change in size of the new home is 4’ additional width but will be located the same distance from the roadway therefore the change would not create a negative impact to the environment or the character of the neighborhood. The requests are not self-created because the footprint of the structure and the utilities were located before current zoning. Locations elsewhere on the property are not practical or economical for alternate building sites at this time, but Ms. Malcott would like to build a conforming structure in the future for her present family as well as the future generations of the Malcott extended family. The variance for front setback is 30’ or 29% and the width of the new home is 16’ wide with a variance of 4’ or 20% - neither was considered substantial. A motion was moved by Member Uetz to approve the requested variances for front setback (Article VII, Section 1))and minimum width of a manufactured home (Article IX, Section 3-C1) for Tina Malcott to replace existing home with a new 16’x72’ manufactured home. The motion was seconded by Member Itzin, all were in favor and the motion carried. Resolution 2018-08 BE IT RESOLVED, by the Zoning Board of Appeals for the Town of Sterling, upon the facts presented and the determination made, that the requested variances for relief of LUR requirements in regards to the replacement of existing single wide manufactured home with the installation of new 16’x72’ manufactured home model-Breeze be granted as follows: have 30’ relief of front setback requiring 105’ and be located 75’ from centerline of Williams Road, as is located on submitted plan dated 9/26/18, and have 4’ relief from 20’ width requirement for manufactured homes on property located at 1358 ---PAGE BREAK--- Williams Road, Sterling, NY 13156; Tax Map # 10.00-1-11 is hereby GRANTED with the following express conditions: 1. NO additional dwellings will be established on parcel #10.00-1-11. If one of the two existing homes are removed in the future, the parcel reverts to one dwelling per parcel. Roll call vote was taken: Richard Palmieri, Chairman Aye Darrell Uetz, Member Aye Charles Itzin, Member Aye Brad Dates, Member Aye Honore Yuhas, Member Aye 5 AYES 0 NAYES 0 ABSTENTIONS – REQUEST APPROVED MINUTES A motion to approve meeting minutes for August 9, 2018 was moved by Member Itzin and seconded by Member Uetz , all were in favor and the motion carried. PRIVLEGE OF THE FLOOR Chairman Palmieri commented on a provision within the LUR (Article IV, Section 13) that allows a review of any appeals application by the planning board who shall submit an advisory opinion prior to the ZBA Public Hearing. Discussion ensued by the Board members wherein it was determined that a review wouldn’t be necessary for most of the appeals received by the ZBA. They also felt that it could prolong the time an appeal processes and make difficulty for intended building schedules. They decided that if an appeal warranted such review they themselves would determine so at the Hearing and refer the application to the Planning Board. ADJOURN On a motion by Member Dates and seconded by Member Yuhas, the meeting was adjourned at 8:38 PM. Unapproved Minutes Respectfully submitted Lisa Somers ZBA Clerk