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TOWN OF STERLING ZONING BOARD OF APPEALS May 21, 2018 A meeting of the Town of Sterling Zoning Board of Appeals was held on Monday, May 21, 2018 at the Sterling Town Hall with the following members present: Laurence Lemon ~ Chairman Richard Palmieri ~ Member Darrell Uetz - Member Charles Itzin ~ Member Brad Dates ~ Member Also Present : Robert and Susan Clerk 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 7:01 PM. Notice is hereby given that the Zoning Board of Appeals for the Town of Sterling will hold a Public Hearing on Monday, May 21, 2018 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156 to hear an Area Variance request by Robert & Susan Clark Jr. 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 10’x10’ residential addition on property located at1449 Marsh Road, Sterling, NY 13156; Tax Map #2.06-1-36. 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 was asked to present his variance request. Robert Clark explained that they had purchased the property in 2006 for a camp and wished to enlarge the living space with a 10’x10’ addition and extend the bedroom making additional space for the grandchildren to stay. The addition is on the back side of the house and requires a variance for the rear yard setback of 18 feet out of the 35 feet that is required. The proposed location of the addition is also the location of a shed, as shown on submitted site plan, which was moved in 2007 to the rear property line. The owners believed that its location was unsafe because it blocked a window that could be used to exit the house if there were ever a fire. A propane tank had also been moved to a more suitable location. Chairman Lemon questioned the septic size in relation to the increased usage and whether it was appropriately sized, to which the applicant responded that Cayuga County Health had required a review when they purchased the house and the septic tank was 1,000 gallon and suitable. Member Uetz asked about placing the addition on the patio side of the house where a smaller variance would be needed. Mr. Barber replied that the septic tank and leach field area is located behind the patio, and that an ‘erosion area’ was located by the DEC and can not be built within. The ‘erosion area’ extends into his property to the center of the patio and runs parallel with Ford Drive, making near half of the small property unusable. Chairman Lemon commented on the fact that the shed that was moved in 2006 was in violation of the setback codes and needs to be dealt with. Member Palmieri asked about the shed size along the back property and that what is represented on the submitted site pan doesn’t match what he saw when he visited the property. Robert and Susan Clark explained that the sheds existed when they purchased the property, and the smallest steel shed had disintegrated and they had replaced it with a wooden shed that was extended towards the newly placed shed to be approximately 16 feet in length. The 8’x12’ shed that they moved is in line with the larger shed - totaling approximately 28’ x8’ of shed located one foot from the rear property line. Some discussion ensued between the members regarding the non- conforming status of the sheds and the possibility of moving them. The applicants were not ion favor of moving the sheds because there’s no place to move them and the neighbor (Sugar) that shares the property line is never there- the property is abandoned and unkempt. Member Uetz stated that the CEO is authorized to deal with the multiple shed issues in regards to their location, which is not dissimilar to many properties in this neighborhood. Member Uetz stated that he did have a problem with the distance between the addition and sheds because it will not meet the fire code separation of 20 feet. Members Palmieri and Itzin agreed and added that the LUR also requires a 20 foot separation between the house and the accessory structure shed. Discussion turned to the front corner of the ---PAGE BREAK--- property on Marsh Road where the driveway is located. The applicants explained that the decorative fence runs along the property line and the driveway is shared use and deeded that way. Member Dates commented on the neighboring property that shares the property line with the Clark’s and stated that any variance granted would remain with the property for life, and therefore possibly affect a future owner who may use the property differently than it is now. The present encroachment of the sheds is substantial and the ZBA has to balance the rights of all the property owners and create a design that is appropriate for the property size. Chairman Lemon asked the applicants to rethink their plans and consider other locations for the addition and even the sheds. They were also asked to submit a site plan that accurately reflects what currently exists, with measurements locating everything to the property lines and each other, as well as the demarcating line for the ‘erosion field’. The members and the applicants agreed to meet again on Thursday may 31, 2018 at 7:00 pm. A motion was moved by Member Palmieri to table the Hearing until May 31, 2018 to allow the applicants to submit a revised site plan. The motion was seconded by Member Dates, all were in favor and the motion carried. MINUTES A motion to approve meeting minutes for February 12, 2018 and February 22, 2018 was moved by Member Uetz and seconded by Member Palmieri , all were in favor and the motion carried. ADJOURN On a motion by Member Itzin and seconded by Member Dates, the meeting was adjourned at 8:02 PM. Approved Minutes Respectfully submitted Lisa Somers ZBA Clerk