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TOWN OF STERLING ZONING BOARD OF APPEALS August 21, 2017 A meeting of the Town of Sterling Zoning Board of Appeals was held on Monday, August 21, 2017 at the Sterling Town Hall with the following members present: Darrell Uetz ~Member Richard Palmieri ~ Acting Chairman Charles Itzin ~ Member Absent: Chairman Laurence Lemon and Member Brad Dates. Also Present : Jason MacLeod, Peter Van Buskirk, Sharon MacLeod and Frank . The meeting was called to order at 7:06 PM by Acting Chairman Richard Palmieri. PUBLIC HEARING Acting Chairman Palmieri read aloud the legal notice and opened the Hearing at 7:06 PM. Notice is hereby given that the Zoning Board of Appeals for the Town of Sterling will hold a Public Hearing on Monday, August 21, 2017 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156 to hear an Area Variance request by Jason W. MacLeod. A request for relief of the Town of Sterling Land Use Regulations Article VII, Section 1, Table 1 – Minimum lot size requirement in regards to a 3 lot subdivision on property located at 14840 West Bay Road, Sterling, NY 13156; Tax Map #8.07-1-6.1. 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 Peter Vanbuskirk had been in contact with clerk for the processing of the application and submission of documents and explained to the ZBA that his nephew, Jason MacLeod, had purchased the property and wanted to subdivide the parcel into 3 parcels. The parcel had been 3 separate lots in the past but had been merged into one with a new deed description by the previous owner for tax purposes. The site plan for the proposed subdivision is different than what had originally been because the applicants wanted to create 3 lots that were mostly compliant with the current LUR. Whereas two of the lots were originally 86’ wide, they are now going to be 107’ wide and be compliant with minimum road frontage requirement of 100’ in the waterfront district. The existing structures on the property are a two story residential structure and a separate garage structure, which could be converted into a residence if located on its own parcel. The new property lines establish side setbacks of 20’ minimum from the existing structures instead of the original situation where the house was within 5’ of the former property line. The only non-compliant feature of the subdivision is that the individual lot sizes are below the required 40,000 square feet and is what the applicants are requesting an area variance for. Each parcel has access to public water and sewer instead of needing a drilled well or septic leach system that would require larger parcels to accommodate the development. Member Uetz questioned the fact that two roadways bounded parallel sides of the properties which essentially creates ‘through’ lots. After review of the LUR it was determined that the proposed lots conform and do not require additional specification for designation as a ‘through’ lot. The Planning Board had referred the applicants to the ZBA for variance approval after the subdivision review had begun and a determination of a dimensional non-compliance issue was declared. The referral was accompanied by a recommendation to approve because: 1. The 3 lots created, although smaller than required, are more similar in size to what already exists in the neighborhood. The property is also located in both Sterling and the Villlage of Fair Haven, where much smaller lots (minimum of 12,000 sqft) are acceptable. 2. Three residential properties would be created that are adequate in size to support residential structures and utility connections. 3. The subdivision creates three new residential properties contributing to the tax base of the Town. The discussion turned to the 5 criteria needed to approve a request, which the applicants supplied answers to in written form for the Board to review. It was agreed by the ZBA members that the proposed subdivision would not create an undesirable change in the neighborhood (criteria#1) because the resultant size is similar to what already exists, that the benefit of sustaining the original 3 ---PAGE BREAK--- lot composition can not be made more compliant than the proposed site plan because additional property is not available due to the two roadways bounding the property (criteria and that granting the variance would not create any adverse environmental impact because the area is zoned for high density development (criteria Although the square footage of the proposed parcels 1, 2 and 3 are 24,289 sqft, 24,339 sqft and 28,393 sqft respectively, they do exceed the size of 25 existing lots in the neighborhood and are therefore viewed by the ZBA as having a request that is not substantial in comparison (criteria The final criteria states that the hardship cannot be self created and was agreed upon by the Board that property was originally three lots and individually non-compliant. The merge of the lots was for tax purposes only and that the subdivision plan creates a more efficient use of the lot space and contributes positively to the tax base of the Town. Without any further public or Board comments, the Hearing was closed at 7:18 PM by Chairman Lemon. Member Itzin commented that the subdivision plan makes sense with the surrounding area and expressed concern regarding the Town’s establishment of a 40,000 sqft minimum in this area which receives many requests for variances when development occurs. Discussion ensued amongst the Board members regarding a need to reexamine the minimum lot size for the waterfront district since public water and sewer is available which subsequently allows smaller lots to accommodate residential structures. A motion was moved by Member Palmieri to grant the requested rear setback relief of 18’ from 35’ required to construct 16’x24’ residential addition. The motion was seconded by Member Uetz , a roll call vote was taken and the request was unanimously denied. Resolution 2017-08 BE IT RESOLVED, by the Zoning Board of Appeals for the Town of Sterling, upon the facts presented and the determination made, that the application for requested variance for minimum lot size requirement in regards to the creation of a 3 lot subdivision as submitted on proposed site plan dated August 21, 2017, with parcel 1 having 107.5’ lot frontage, parcel 2 having 107.5’ lot frontage and parcel 3 having 125’ lot frontage; and as recommended by the Planning Board letter dated August 10, 2017; on property located at 14840 West Bay Road, Sterling, NY 13156; Tax Map # 8.07-1-6.1 is hereby GRANTED. Roll call vote was taken: Lawrence Lemon, Chairman Absent Richard Palmieri, Member Aye Darrell Uetz, Member Aye Charles Itzin, Member Aye Brad Dates, Member Absent 3 AYES 0 NAYES 0 ABSTENTIONS – REQUEST APPROVED MINUTES A motion to approve meeting minutes for July 17, 2017 was moved by Member Palmieri and seconded by Chairman Lemon, all were in favor and the motion carried. ADJOURN On a motion by Member Itzin and seconded by Member Palmieri the meeting was adjourned at 8:27 PM. Approved Minutes, Respectfully submitted, Lisa Somers ZBA Clerk