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TOWN OF STERLING ZONING BOARD OF APPEALS December 18, 2017 A meeting of the Town of Sterling Zoning Board of Appeals was held on Monday, December 18, 2017 at the Sterling Town Hall with the following members present: Laurence Lemon ~ Chairman Richard Palmieri ~ Member Charles Itzin ~ Member Brad Dates ~ Member Absent: Member Darrell Uetz Also Present : Charles Kanasola Jr. and Christine Katura. The meeting was called to order at 7:00 PM by Chairman 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, December 18, 2017 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156 to hear an Area Variance request by Charles Kanasola Jr. A request for relief of the Town of Sterling Land Use Regulations Article VII, Section 1, Table 1 – Minimum side yard setback requirement in regards to proposed 50’x30’ pole barn on property located at 15404 State Route 104, Martville, NY 13111; Tax Map #16.00-3-30. 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 Lemon asked the applicant to explain their variance request for relief of side setback in regards to the construction of a pole barn. Charles Kanasola Jr. explained to the Board members that he had purchased the property earlier this year with the intent of building a pole barn to store antique cars that he has owned for several years. He had spoken with CEO Applebee regarding his intentions to build and was told anywhere on the property was okay without mention of any setbacks that he would need to comply with. The property is odd shaped, somewhat pennant flag shaped, with a 75 foot wide pole extending 235’ from the centerline of State Route 104A to the flag portion of the property. The proposed 30’x50’ pole barn structure will be located 148.8 from the centerline of State Route 104A, behind the existing two story house and 11’x26’ garage. The building would be 5’ from the west side property line and 42’ from the east side line – with 42’ allowing for maneuverability in and out of the garage. Mr. Kanasola stated that the proposed location was chosen because of an existing waterline and underground electrical lines that Mr. Kanasola was not willing to move because the recent purchase of the home leaves only enough funds left to build the pole barn. Mr. Kanasola explained that the sole purpose for purchasing any home was to house his automobiles that have been stored at other locations up until recently, and now they are outside in the elements awaiting the pole barn which he planned on building when he moved in. Charles Kanasola and Christine Katura were both upset that they had been told they would have no problem building by CEO Applebee and then were told that they couldn’t build without a variance by the current CEO Jay Moose. The purchase had been complicated and additional funds are not available to make any other location on the property work. The Board members began assessing the property for other suitable locations that would not require a variance or at least less relief than being requested. The waterline exits the house by crossing under the driveway and running south along the east side of the garage; it then cuts back diagonally 45 degrees to within approximately 2 feet of the rear southeast corner of the proposed pole barn. It continues into the flag portion of the property to an existing well where the water is then pumped up hill over 200 feet to the house – the new owner is adamant that he does not want to disrupt the existing old system for fear that it may create additional unforeseen expenses. Where the flag section of the property starts is also where a steep grade begins and continues almost to the rear property line which has been identified as a flood plain and therefore not an eligible area for building. The septic tank is located 10 feet off the west side of the rear deck, and the leach field begins at the deck and runs south through the rear yard to just beyond the beginning of the garage. A large shade tree is located south of the leach field ---PAGE BREAK--- which the owners do not want to remove due to the additional expense and because the tree provides shade. Member Dates felt that an alternative location for the pole barn was available if the waterline were moved. The applicants reiterated that they did not have money to incur additional expenses. Member Palmieri agreed that 15’ of relief was too large a request and that the applicant’s had not investigated alternative locations because of perceived costs. Chairman Lemon suggested that the Board table the Public Hearing to allow time for Mr. Kanasola to obtain cost estimates to move the waterline and remove the tree in an effort to prove their argument that other locations on the property are cost prohibitive. Member Palmieri asked the applicant to obtain dimensions for locating the waterline in relation to the garage. A motion was moved by Member Dates to table the Public Hearing at 8:05 pm to allow applicants time to gather information. The motion was seconded by Member Palmieri, all were in favor and the motion carried. Mr. Kanasola agreed to contact the clerk to schedule a meeting once he obtained estimates. MINUTES A motion to approve meeting minutes for September 14, 2017 was moved by Member Palmieri and seconded by Member Itzin, all were in favor and the motion carried. ADJOURN On a motion by Member Palmieri and seconded by Member Dates, the meeting was adjourned at 8:15 PM. Approved Minutes, Respectfully submitted, Lisa Somers ZBA Clerk