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TOWN OF STERLING ZONING BOARD OF APPEALS August 9, 2018 A meeting of the Town of Sterling Zoning Board of Appeals was held on Friday, August 9, 2018 at the Sterling Town Hall with the following members present: Richard Palmieri ~ Acting Chairman Darrell Uetz – Member Charlie Itzin ~ Member Brad Dates ~ Member Also Present: Sherry Spaulding, Contractor Scott Gregg, Chris Chism, Megan Fayette, Henry & Deborah Messina, and Teresa Blais. The meeting was called to order at 7:00 PM by Acting Chairman Rich Palmieri. The Board announced the resignation of Chairman Laurence Lemon and thanked him for his service to the Town. PUBLIC HEARING Sherry Spaulding; property owned by Burton V. & Elizabeth J. Green Irrevocable Trust 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 Thursday, August 9, 2018 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156 to hear an Area Variance request by Sherry Spaulding for property owned by Burton V. Green & Elizabeth J. Green Irrevocable Trust. A request for relief of the Town of Sterling Land Use Regulations Article VII, Section 1, Table 1 – Minimum front, rear and side yard setback requirement in regards to proposed 16’x34.8’ residential addition on property located at 14900 West Bay Road Sterling, NY 13156; Tax Map #5.19-1-20.1. 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 Sherry Spaulding and contractor, Scott Gregg, presented a site plan for adding residential space to an existing structure on a small lot along West Bay Road which will require several variances. The contractor explained that the current structure is 20’ from the edge of pavement on West Bay Road and the addition would maintain that front building line for an additional 16’. The north side property line runs diagonally along the Gilcher property with the addition located 15’ away from the closest point being the rear northeast corner. The south side property line is compliant with the requirements but the contractor explained that he is relocating and reconstructing the entrance which will cause need for another variance. The plan also includes the creation of a driveway in this area precipitating the relocation of an 8’x12’ storage shed to the north side yard. The rear property line will also be matched by the addition to the existing building line, which is five feet further from the property line due to the irregular shoreline. The ZBA members examined a new site plan that was presented by Scott Gregg which had different details which the originally submitted map didn’t have such as a driveway, new entry area and relocated shed. The original plan was generated from a survey map which the ZBA chose to use for its accuracy relating to dimensions to be discussed in relation to the requested variances. Member Uetz began by stating that in the past the ZBA has maintained the setbacks of Fair Haven for side variances of 10’ while also maintaining a 20’ separation of structures for fire code and safety reasons, this property has an existing shed that poses a problem. He also questioned what was happening with the rear deck which has a more detailed design on the second site plan. The contractor stated that the current deck was going to be extended 7’ northward to connect with the addition and also have new steps entering yard. The members commented that the encroachment to the rear is being increased then, instead of maintaining the rear building line as previously explained, to which the contractor agreed. Acting Chairman Palmieri stated that the difficulty is that the size of the lot dictates the need for so many variances when remodeling pre-existing structures to create full time residences. He asked what the expansion accomplishes for living space. The addition allows for a bedroom and bathroom. He also asked if a second story had been considered, to which they replied that the power lines are problematic and that they wanted to preserve the views of the neighbors across the road. Member Uetz stated that the total square footage of the house would increase from 800 to 1360 sq ft which is compliant with to the minimum required sq ft for living space of a residential structure. ---PAGE BREAK--- Discussion regarding the small entrance deck on the south side of the house commenced because it would necessitate the need for another variance – the existing would be removed and reconstructed at a different location to facilitate a more practical flow with the addition of off street parking. The Board commented on previous requests along West bay Road which the Board has strived to remain consistent with their intent and application in order to allow renovation of residential structures while maintaining the character of the neighborhood and while protecting the impacts to adjacent parcels. This application represents the most variances requested thus far. At this time, Acting Chairman Palmieri read aloud the criteria for reviewing area variances prescribed by NYS Town Law and explained the balancing test the ZBA must perform to determine the merits of the variances requested. He added that the rear setback poses a large problem for him because the encroachment is already substantial and the request encroaches further. He explained that the measurements presented on the survey site plan are incorrect by 9’ because the property line is actually 9’ closer to the structure as is located on the survey with iron pin denotation. The retaining wall is not the property line therefore measurements locating the addition and deck are 9’ less making the closest point 10.8’ not 20’ as illustrated on the maps. The northeast corner of the addition would encroach into the current view of the neighbor’s structure to the north which is located 29’ from the water – it represents an impact not encountered by the original footprint. The applicant, Sherry Spaulding, approached the Board and stated that their investment is over $400,000 to renovate this small seasonal cottage into a full time residence which will be for nothing if they can’t obtain variances. She emphasized the improvements to the structure’s appearance and function within the neighborhood and that a new driveway would allow for safer parking – all beneficial to the community. The Board responded that they need to minimize any and all requests and that this property requires more than 50% on all sides. Member Charlie Itzin commented that the history of requests for the West Bay Road area presents a reality that strict adherence wouldn’t allow people to improve their properties and is a reason they have pushed the parameters in the past. The contractor, Scott Gregg, stated that the requests were not asking to encroach any further than what already is and has been in existence since the original structure was built especially if they maintain the current building lines. Acting Chairman Palmieri disagreed and stated that the property is non-conforming and pre-existing already and any change outside of the current footprint is considered an expansion of a non-conformity and is not allowed. Member Uetz added that the original house was built before zoning therefore the front line encroachment is not self-created, he sees compromise by eliminating the dangerous parking, which is currently road side, and providing designated parking outside of the ROW. The front setback measured from the centerline of West Bay Road should be 75’ and is calculated to be at 31’ currently creating a variance request of 44’ or 58%. A substantial number but hot particularly significant because many structures are located similarly along West Bay Road. The rear setback requirement is 35’ and the structure is calculated to be 10’ from the property line which is a variance of 25’ or 71% - substantial because of potential impact to property to the north. Member Brad Dates questioned which variance, front or rear, has greater tolerance or palpability to be substantial in their decision. Acting Chairman Palmieri responded that people buy these small pricey properties to enjoy the water therefore allowing development on the water side would be more palatable for most people but he feels that the Board should be cognoscente of water creep. The Public Hearing was opened to public comments at 7:32 by Acting Chairman Palmieri. Henry Messina – Lives directly across the road and asked to review the drawings as he was unaware of the parameters of the proposed changes. He was concerned with the cumulative effects of granting substantial variances as frequently happens along West Bay Road. He and his wife purchased property across the road from the water and built a house without requiring many variances; in fact they changed their plan and purchased additional property to be more compliant. The current applicant unfortunately does not have the ability to purchase additional property and are constrained by the small lot size. Mr. and Mrs. Messina reviewed the proposed changes and had no issues with the requests. Mr. Messina added that he felt the side setbacks are important for personal space but also allows someone travelling on the road to view the water; if you drive along Blind Sodus Bay in Wolcott the buildings blocks all views of the water and he would not like seeing that happen in Sterling and Fair Haven. A friend of the applicant that resides down the road commented that very few neighbors that were notified by letter are in attendance, which means they don’t care what happens, so why is ---PAGE BREAK--- there a problem granting the requests. The property is improving its value as well as the area value by improving aesthetics, safety and increasing collected tax revenue. Acting Chairman Palmieri replied that such a rationale would mean that they would approve everything. The burden is not on the neighbors but on the applicant to argue why they should not abide by the regulations of the Town and is further the responsibility of the ZBA to protect those properties from impacts associated with allowing a variance. Member Brad Dates added that variances stay with the property regardless of current ownership and neighbors and that the Board has to account for future speculation of encroachment on neighbor’s usage. Without any further public comments, the Hearing was closed by Acting Chairman Palmieri at 7:58 pm. The Board members continued deliberating the merits of the requests as follows: Member Uetz was in favor of the side variances of 10’ because it is compliant with Fair Haven’s requirements and is consistent with previous decisions. He stated that the planned off street parking is beneficial to an area that is already crowded in the summer months and will go a long way to improve safety. The relocation of the shed is an issue because of the magnitude of all that’s being requested as well as it impedes the 10’ variance settlement because it is located on the plan as being 5’off of the north side property line. The 20’separation between structures required within the LUR is another requirement the shed violates and for these reasons he feels it should be removed from the property as a condition of allowing the 10’ side variances. The remaining Board members agreed that the shed should be removed completely and felt that a condition that no future accessory structures allowed should also be stipulated. Member Dates stated that the Board has repeatedly dealt with the fact that you don’t buy a view and that maintaining neighboring views is not a listed criterion for ZBA deliberations. He stated that the front variance is easier to accept because of the added driveway which will dramatically impact the safety of the parcel for the owners and passerby traffic. The rear setback is more disconcerting because of the potential for water creep as development increases in the years to come but if the original building line is maintained then the impact will be minimal. The purchase of these small and challenging properties is driven by the water and accessibility to it and the view therefore property owners should be allowed to improve the structures and their livability. Acting Chairman Palmieri stated that the requests represent an expansion or increase of a non- conformity and is not allowed. The property is too small to develop as the owners propose. Member Itzin disagreed with that premise and extrapolated that all of the properties are non- conforming to the LUR and therefore ineligible for renovation or conversion into full time residences, meaning that original camps are destined forever. He added that the ZBA has diligently reviewed all requests in the past and found acceptable solutions to all of the parties involved to create living spaces suitable for high density recreational development. Without further comments a motion was moved by Acting Chairman Palmieri to approve four variance requests by Sherry Spaulding to build proposed 16’x35’ residential addition. It was seconded by Member Uetz, three were in favor and the motion carried. Resolution 2018-05 BE IT RESOLVED, by the Zoning Board of Appeals for the Town of Sterling, upon the facts presented and the determination made, that the requested variances for relief of setback requirements to build proposed16’x35’residential addition, rear deck extension with roof and relocation of entry on south side of structure shall have relief from required setbacks as follows: 44’ variance from front setback requirement of 75’, residential addition to match existing building line and be located 31’ from centerline of West Bay Road. 25’ variance from rear setback requirement of 35’, rear deck reconstruction and extension, and residential addition to match existing rear encroachment line at 10’ from property line (not retaining wall). 10’ variance from north side setback requirement of 20’. 10’ variance from south side setback requirement of 20’, reconstruction and relocation of entry area. and as located on submitted plan dated 8/9/18, on property located at 14900 West Bay Road, Sterling, NY 13156; Tax Map # 5.19-1-20.1 is hereby GRANTED with the following express conditions: ---PAGE BREAK--- Existing shed is to be removed from the property, and NO further accessory structures allowed on property. Driveway on south side of property to accommodate a minimum of two vehicles off of the road right-of-way. Roll call vote was taken: Richard Palmieri, Acting Chairman Naye Darrell Uetz, Member Aye Charles Itzin, Member Aye Brad Dates, Member Aye 3 AYES 1 NAYES 0 ABSTENTIONS – REQUEST APPROVED PUBLIC HEARING Chris Chism 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 Thursday, August 9, 2018 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156 to hear an Area Variance request by Chris Chism. A request for relief of the Town of Sterling Land Use Regulations Article VII, Section 1, Table 1 – Minimum rear and side yard setback requirement in regards to proposed 17’x25’ garage on property located at 15393 State Route 104 Martville, NY 13111; Tax Map #16.00-1-26. 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 applicants approached the Board to explain their request for rear and side variances to construct a garage. The property is large but much of it is sloped creating extra expense to situate the garage in a different location. The proposed location is in line with the existing driveway and allows the owners to turn vehicles around in order to easily access State Route 104 which has heavy traffic and poor sight lines. The Board members discussed whether the shed could be moved over so that a side variance is no longer needed but the septic system lines won’t allow movement to the south side yard. The members discussed the 20’ separation between structures requirement in relation to the shed that is 4’ from the proposed garage. The applicant stated that he plans to keep the shed for the lawn mower and other tools for outside and doesn’t think that structurally it would survive being moved. The 10’ rear request and 7’side request was agreeable to the membership. The separation between structures was discussed and the applicant was agreeable to connecting the shed to the garage in order to create one structure and eliminate the need for the separation requirement. There were no public comments regarding this application and the Public Hearing was closed at 8:20 pm. A motion was moved by Acting Chairman Palmieri to approve requested variances of rear and side setback for Christopher Chism. The motion was seconded by Member Dates, all were in favor and the motion carried. Resolution 2018-06 BE IT RESOLVED, by the Zoning Board of Appeals for the Town of Sterling, upon the facts presented and the determination made, that the requested variances for relief of setback requirements to build a proposed 17’x25’ garage, have 10’ relief from the rear setback and have 7’ relief from the side setback along the north property line, as is located on submitted plan dated 7/16/18, on property located at 15393 State Route 104 Martville, NY 13111; Tax Map # 16.00-1-26 is hereby GRANTED with the following express condition: Existing shed must be attached to the new garage. Roll call vote was taken: Richard Palmieri,Acting Chairman Aye Darrell Uetz, Member Aye Charles Itzin, Member Aye Brad Dates, Member Aye 4 AYES 0 NAYES 0 ABSTENTIONS – REQUEST APPROVE ---PAGE BREAK--- MINUTES A motion to approve meeting minutes for May 21, 2018 and June 6, 2018 was moved by Acting Chairman Palmieri and seconded by Member Uetz , all were in favor and the motion carried. ADJOURN On a motion by Member Dates and seconded by Member Itzin, the meeting was adjourned at 8:27 PM. Approved Minutes Respectfully submitted Lisa Somers ZBA Clerk