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June 1, 2016 TOWN OF NILES BOARD OF APPEALS IN THE MATTER OF APPLICATION For Setback Variance at: 6493 Appletree Point Road In the Town of Niles Case Number: NV2016-2 Tax Map Number: 158.01-2-5 The Board of Appeals of the Town of Niles met for a public hearing on June 1, 2016 at 7:00 PM at the Niles Town Hall in New Hope, New York. PRESENT: Donald Klein, Chairman Ronald Rybak Chad Matijas John Nolte, Alternate Sara Finizio, Secretary OTHERS: Sharon Andrus, Peter Andrus The public hearing was opened by Chairman Donald Klein at 7:00 PM. A motion was made by Mr. Matijas and seconded by Mr. Nolte to approve the minutes from the March 30, 2016 public hearing. Motion carried unanimously. A motion was made by Mr. Rybak and seconded by Mr. Matijas to waive the reading of the newspaper article posted in the Citizen on May 10, 2016. Motion carried unanimously. Proof of notice was entered into the record. Neighbors were sent notification of the public hearing. A letter from Brooke and Ethan Andrus, in favor of the variance, was received. No other correspondence was received. The property for which the variance was requested is located at 6493 Appletree Point Road in the Town of Niles. The relief sought is variance of section 164-8B of the building setback law of the Town of Niles to allow construction of an addition to the existing structure that would be closer than the 15 foot setback from an adjacent side property line. APPEARANCES: Peter and Sharon Andrus appeared in favor of the application. Exhibits: Exhibit A: Detailed drawings from KMC Construction. ---PAGE BREAK--- Exhibit B: Aerial photographs of residence and area. ALLEGATIONS OF APPLICANT: Mrs. Andrus informed the Board that they would like to construct a 12’ x 14’ addition to their cottage on Skaneateles Lake. The addition would be used as an office. The current office space is now being used as a bedroom by an another person who is living with them. Mrs. Andrus stated that although the lot size is small, the only property that is adjacent to theirs is owned by their son, and both properties will always remain in the family. Mr. Klein noted that the variance should also include section 164-8A of the building setback law for the Town of Niles due to the fact that the structure would be closer than the 25 foot setback from the lake mean high-water mark. Mr. Matijas made a motion to accept the amendment to the variance, and Mr. Rybak seconded the motion. Motion carried unanimously. After questions from the Board members to the applicants, Mr. Klein closed the public portion of the meeting at 7:22 PM. FINDINGS OF FACT BY THE BOARD OF APPEALS: There would be no undesirable change to the neighborhood. There would be no adverse impact on the environment. No negative correspondence received from neighbors. There is no other method for construction. Any undue hardship would be self created. DECISION: On the basis of the forgoing findings of fact, the setback variance was GRANTED by the following vote: Ronald Rybak Yes John Nolte Yes Chad Matijas Yes Donald Klein No A Notice of Action will be forwarded to the applicants. A motion was made by Mr. Matijas and seconded by Mr. Nolte to open the public portion of the meeting at 7:33 PM. Motion carried unanimously. ---PAGE BREAK--- No further applications for this meeting, therefore a motion was made by Mr. Nolte and seconded by Mr. Matijas to close the meeting at 7:34 PM. Motion carried unanimously. Respectfully submitted, Sara Finizio Secretary, Board of Appeals