Elegant Letter



MINUTES

ZONING BOARD OF APPEALS

DATE: July 21st, 2020 at 6:00 PM

LOCATION: Willsboro Town Hall

Present: Chairman: Carol DeMello; Board Members: Peter Sowizdrzal, Anne Lincoln, Anthony Galioto, Lawrence Allen (Alternate)

Absent: Bruce Hale

Members of the Public: Penny & George Daniels, Doug MacDougal & Rachel Adkins, Ronnie & Yvonne Bruno

Chairman DeMello called the meeting to order at 6:00 pm.

MINUTES:

The June 2020 minutes were approved as presented.

(Galioto/Sowizdrzal) A motion was made by Galioto and seconded to approve the June 16th 2020 minutes. All in favor, motion carried.

PUBLIC HEARING:

---Penny & George Daniels—1181 Sunset Drive—30.16-1-11.100---LC-R—New Home Construction with garage

DeMello stated that at 1181 Sunset Drive the applicants want to build a new retirement house with detached garage. It will impact section 4.10, page 28, Schedules of Use and Area Regulations, specifically requesting a 25-foot variance from the side yard setback requirement of 50-feet and section 6.12, pages 57-58, Waterfront regulations; and, also a variance from section 4.23, p. 35, Existing Undersized Lots.

Open Public Hearing at 6:05pm

DeMello invited the public to speak. Mr. Bruno (neighbor) stated his only question is on the actual plan--he is asking what the 25 ft or the 50 ft means. DeMello stated the side yards are required to be 50 ft, the front yard (which is the river side) is required to be 400 ft, and the rear yard (toward the road) is required to be 200 ft. Mr. Daniels stated that the garage can be 10 feet off the property line, and the Board agreed. Sowizdrzal stated that the Daniels will also need a variance for rear yard setback (200’) if they want to build the house as presented in their plan (50’) because the measurement is taken from the structure to the closest boundary line. Because of the odd shape of the lot, if they moved the house closer to the middle or put it on the opposite side of the lot, they probably wouldn’t need a variance. The Board and Mr. and Mrs. Daniels discussed some measurements of the property width and where they want to place the garage and house. They also discussed that they have a survey to scale so the measurements will be easy to get if they bring in the actual survey. Sowizdrzal stated the applicants seem to have changed the plan of where the garage is going to be, so the Board will need a better drawing with dimensions of the exact location of the garage and the house. The Board and the applicants further discussed measurements and possible locations of the garage, house and also the location of the pump station and the septic. The Board suggested to the applicants that they move the house toward the center of the property so they will not need a variance. Mr. and Mrs. Bruno have no objections.

Closed Public hearing at 6:35 pm with the right to ask the applicant questions as needed.

The Board discussed that they will need a more accurate drawing of the site plan including measurements of the proposed structures to the boundary lines and utilities.

(DeMello/Sowizdrzal) A motion was made by DeMello to adjourn and continue the public hearing next month August 18th 2020; the applicant will need to present more information regarding the site plan measurements and locations of the house and garage. All in favor, and the motion carried.

The Board then discussed the variance request for relief from Section 4.23, Existing Undersized Lots. Because the lot was created before the Zoning Law, as were a number of similar lots now classified in LC-R which requires 42 acres, the Board agreed the only remedy would be a variance.

(DeMello/Allen) A motion was made by DeMello to approve the variance with relief from section 4.23, Existing Undersized Lots and seconded. All in favor, and the motion carried.

OLD BUSINESS: No Old Business

NEW BUSINESS:

---Rachel Adkins—136 Corlear Drive ---20.20-3-9.000---RL-1—Construction of a 24ftx34ft Garage

DeMello stated that this application is an information inquiry from Pulsifer to the ZBA to check on whether or not the applicant will need a variance. Pulsifer was checking on lot coverage and setback for accessory structures. DeMello stated that the applicant would like to erect a 24ft by 34 ft. garage. DeMello and the Board went over the Finding of Facts* which confirmed that a variance was not necessary.

(Sowizdrzal/Galioto) A motion was made by Sowizdrzal confirming that a variance to build the detached garage as proposed does not need a variance and seconded. All in favor, and the motion carried.

.

ADJOURNMENT: Meeting was adjourned at 7:05 pm.

(Sowizdrzal/DeMello) A motion was made by Sowizdrzal and seconded, to close the meeting. All in favor and the motion carried.

*See attached

Respectfully Submitted,

Codia Crandall

Secretary for Planning and Zoning Board

FINDINGS OF FACT--Draft

Submitted by Carol de Mello

Variance Application Informational Inquiry

For Rachael Adkins

July 21, 2020

Property location: 136 Cedar Lane, Willsboro

Zoning District: RL-1 (Tax map. 20.20-3-9.000)

PROJECT DESCRIPTION:

Erect a 24’ x 34’ detached garage.—IMPACTS Section 4.10, p. 29, Schedules of Use and Area Regulations, specifically side yard setbacks and lot coverage. Zoning officer checking whether variance is needed for lot coverage, and confirming that accessory structure setback is 10’ even on waterfront property.

ZONING REQUIREMENTS:

Minimum lot size: 40,000 sq. ft. (original lot size 0.60 acres = 26,136 sq. ft.)

Front or Shoreline setback: 50’ (In compliance & N/A to project)

Rear yard setback: 10’ for accessory (in compliance)

Side Yard setback: 20’ (90’ lake frontage) BUT 10’ for accessory—in compliance

Maximum Lot Coverage: 15% (3,920 sq. ft.; not an issue)

Maximum bldg. height: 35’ (not an issue)

According to the Essex County property record, the buildings and improvements (house and covered porch*) total 1700 sq. ft., under the 3,920 sq. ft. allowance. The property record indicates under the heading “Land Types” that there is waterfront, residual and waterfront; if you add the figures from these three types listed, the total square footage of the property is 26,005 sq. ft. and 15% of that is 3,900 sq. ft. The proposed garage and principal structure still fall under the 15% lot coverage threshold.

*House: 1,380 sq. ft.

Covered porch: 128

Open deck: 192

Total sq. ft.: 1,700

Move to public hearing?—No, proposed project meets all regulations of the zoning law.

Proposed Motion?: To confirm that a variance to build detached garage as proposed in the building permit and plans, does not need an area variance.

Decision Form:

|Board: |Zoning Board of Appeals |

|Date of Appeal: |July 21, 2020 |

|Application Number: |2020-38Z |

|Name: |George & Penny Daniels |

|Project Address: |1181 Sunset Drive, Willsboro |

|Tax Map Number: |30.16-1-11.100 |

|Request for Variance From: |Section 4.23 Existing Undersized Lots |

| | |

Review of Area Variance Criteria:

Area Variance Criteria:

1. How could the benefit not be achieved by any other feasible means?

There is no way to increase the acreage of the property.

2. How will it not produce an undesirable change in the neighborhood?

Proposed house and garage is very much in character of the neighborhood—there will be no undesirable change.

3. Is the request substantial?

The numbers may be substantial, but the lot was created before the Zoning Law.

4. Adverse physical or environmental effects?

There will be none; there is enough land (6.9 acres) to make it a non-issue.

5. How is this hardship not self-created?

The lot was created before the Zoning Law.

|Proposed Motion: |To approve the variance with relief from section 4.23, Existing Undersized Lots. |

|Motion Made By: |DeMello |

|Motion |Allen |

|Seconded By: | |

|Member Vote: |Member Name: |Yes |No |

| |Chairman, Carol de Mello |x | |

| |Vice Chair, Peter Sowizdrzal |x | |

| |Anthony Galioto |x | |

| |Bruce Hale |absent | |

| |Anne Lincoln |x | |

| |Larry Allen, Alternate |x | |

| | | | |

|Signature of | |

|ZBA Chairman: | |

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