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TOWN OF STERLING ZONING BOARD OF APPEALS MEETING TOWN OF STERLING ZONING BOARD OF APPEALS MEETING May 20, 2015 May 20, 2015 A meeting of the Town of Sterling Zoning Board of Appeals was held on Wednesday May 20, 2015 at the Sterling Town Hall at 7:00 pm with the following members present: Laurence Lemon ~ Chairman Richard Palmieri ~ Member Charles Itzin ~ Member Excused: Members Darrell Uetz and Brad Dates. Also present: James and Melanie Curtis The meeting was called to order at 6:55 PM by Chairman Larry Lemon. CORRESPONDENCE – none PUBLIC HEARINGS James Curtis Chairman Lemon read the legal notice into the minutes and the Public Hearing was opened at 6:57 PM. Notice is hereby given that the Zoning Board of Appeals of the Town of Sterling will hold a Public Hearing on Wednesday May 20, 2015 at 7:00 p.m. at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156 to hear an Area Variance request by James Curtis. A request for relief of Town of Sterling Zoning Law Article VII, Table 1 Lot Dimension Requirements - Front yard setback requirement on property located at 14700 New Street, Sterling, NY 13156; Tax Map #10.01-1-7. 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 provided a survey map of their property and located the proposed 26’x32’ garage with dimensions from the centerline of the road and the front corner of the house. The existing home encroaches upon the front setback as do many of the residences in the hamlet and the Board members asked why they didn’t align the front of the garage with the front of the house. They replied that they would lose 14’ of parking area which they feel is necessary to retain because of safety issues with the sharp road curve and snowplowing. The garage is located 15’ beyond the front elevation of the house and will need some fill at the rear area where the property slopes down If they had to meet the required setback it would require an additional 521 cubic yards of fill which would create a financial hardship; the same situation would occur if they place the garage anywhere in the 197’to the north of their property – they also have setting water in this area from the removal of an apple orchard directly north east. Chairman Lemon asked about the distance between the garage and the house (15.5’) and the garage and the shed because the fire code requires 12’ between buildings for truck access. The applicants stated that they would move the shed to another location on the property or remove it permanently if the variance were approved. Chairman Lemon asked when they planned to begin building, they replied that they needed to confirm a contractor by bid but that they had already started the building permit process which sent them to the ZBA. Member Charles Itzin commented that he had been to the property and had spoken with the neighbor across the street and they were not opposed to the garage location. Without any further comments a motion was moved by Member Palmieri to approve the requested 11’ front setback regarding construction of garage in the Sterling Hamlet, motion was seconded by Member Itzin, all were in favor and the motion carried. Resolution 2015-05 BE IT RESOLVED, by the Zoning Board of Appeals for the Town of Sterling, upon the facts presented and the determination made, that the application for the requested variance of 11’ for front setback requirement in connection to a proposed 26’x32’ garage on property located at 14700 New Street, Sterling, NY 13156; Tax map # 10.01-1-7 is hereby GRANTED upon the following express conditions: the removal of the existing shed for fire code distance requirements. A roll call vote was taken: Larry Lemon, Chairman Aye Richard Palmieri, Member Aye Charles Itzin, Member Aye 3 AYES 0 NAYS 0 ABSTENTIONS – REQUEST APPROVED MINUTES Motion to approve meeting minutes for April 27, 2015 with minor corrections was moved by Member Itzin and seconded by Member Palmieri, all were in favor with no discussion, motion carried. ADJOURN ---PAGE BREAK--- On a motion by Member Palmieri and seconded by Chairman lemon, the meeting was adjourned at 7:25 PM. Unapproved Minutes, Respectfully submitted, Lisa Somers, ZBA Clerk