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TOWN OF STERLING ZONING BOARD OF APPEALS June 6, 2018 A meeting of the Town of Sterling Zoning Board of Appeals was held on Wednesday, June 6, 2018 at the Sterling Town Hall with the following members present: Richard Palmieri ~ Acting Chairman Darrell Uetz - Member Brad Dates ~ Member Absent: Chairman Laurence Lemon Excused: Member Charles Itzin Also Present: Robert and Susan Clerk The meeting was called to order at 7:00 PM by Acting Chairman Rich Palmieri. PUBLIC HEARING Robert & Susan Clark Acting Chairman Palmieri stated that the ZBA had tabled a Hearing for the applicant’s request on 5/21/2018 in order to allow the applicant to address issues with the property before proceeding to a determination. At that time, the Board had scheduled a meeting date of 5/31/2018 to resume the Hearing, but due to the lack of a quorum the meeting did not occur. A new meeting to resume the hearing was scheduled for June 6, 2018 and was posted at the Town Hall, as is required. Acting Chairman Palmieri resumed the tabled Hearing at 7:01 PM. Robert Clark stated that they had realized the property has rear yard had issues that the ZBA wouldn’t be able to get around. The 20 foot separation for accessory structures and the 20 foot separation for fire code is not possible for the size of the property. The sheds are used for storage and could have flammables therefore the owners do not want to risk having the addition too close to the sheds. They instead, would like to have the 10’x10’ addition on the front corner of the house near the driveway. Acting Chairman Palmieri asked Mr. Clark about the sheds, and was told that they had spoken with CEO Jay Moose and that the CEO wasn’t interested in moving the sheds. Member Uetz stated that the ZBA should look at what the application is for, which is an addition on the front side of the house which is not impacted by the sheds. The CEO is authorized to enforce and interpret the LUR and how it relates to existing properties – the sheds are his issue to determine. Member Palmieri was not in agreement and expounded that two property lines have been infringed upon without any setback. Member Dates questioned whether the ZBA had the authority to pursue the sheds especially since the sheds are no longer a component of the request. He also stated that fair notice has been given to the applicants that they have noncompliant structures on the property which could influence any future actions of development on the property. Member Palmieri stated that the original paperwork didn’t discuss the sheds because the submitted site plan didn’t illustrate the property correctly. Member Uetz remarked that the shed had been moved more than 10 years ago because of the possible fire hazard it caused being located near the residence; he stated that it’s a non-issue at this point and a responsibility of the CEO and not the ZBA. Member Uetz stated that the applicants have re-submitted a new site plan for a 10’x10’ addition on the front southwest corner of the residence and involves requests for front setback and side setback variances. Acting Chairman Palmieri read aloud the criteria for area variances and the following discussion ensued. 1. Substantial – The members agreed the requests are substantial but also not uncommon for waterfront properties that are typically undersized. The Board has previously allowed 10 foot side variances along several West Bay Road properties because the Fair Haven Village line parallels a lot of Sterling properties and 10’ side setbacks are permitted within Fair Haven. Although this area does not border the Village, it is waterfront development with undersized properties. 2. Undesirable change in neighborhood – Member Palmieri stated that many properties in the neighborhood are pre-existing to zoning and encroach on the front setback, but this property would be closer than any other at 48 feet to the centerline of Marsh Road. The surrounding properties are abandoned, overgrown and unkempt but the applicants property is attractive and maintained therefore the improvement would only further enhance the neighborhood. 3. Whether benefit can be achieved another way – The applicants redesigned their plan from the rear yard to the front yard because the initial submission encroached upon accessory buildings ---PAGE BREAK--- within a small backyard. The north side of the property, parallel with Ford Drive is unbuildable because it is within an ‘erosion zone’ designated by the DEC. The proposed location is the only available location for the addition. 4. Adverse environmental effects – The Board found no reasons for potential adverse environmental effects. 5. Self-created – No, the parcel was undersized and developed prior to zoning forcing any action to be reviewed by Town Offices. A motion was moved by Member Uetz to provide relief of 35’ for front setback to Marsh Road on west side of property and 10’ relief for side setback to south property line for 10’x10’ addition. It was seconded by Member Dates, all were in favor and the motion carried. Resolution 2018-04 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 variance for relief of setback requirement to build a proposed10’x10’ residential addition, have 48’ relief from the front setback to be located at 35’ from centerline of Marsh Road and have 10’ relief to the south side property line, as located on submitted plan dated 6/6/18, on property located at 1449 Marsh Road, NY 13156; Tax Map # 2.06-1-36 is hereby GRANTED. Roll call vote was taken: Lawrence Lemon, Chairman Absent Richard Palmieri, Member Aye Darrell Uetz, Member Aye Charles Itzin, Member Absent Brad Dates, Member Aye 3 AYES 0 NAYES 0 ABSTENTIONS – REQUEST APPROVED ADJOURN On a motion by Member Itzin and seconded by Member Uetz, the meeting was adjourned at 8:08 PM. Approved Minutes Respectfully submitted Lisa Somers ZBA Clerk