Zoning Board Appeals Meeting Minutes 11-2-2015

Call to Order / Determination of Quorum

The meeting, held at the Historic Watts dePeyster Hall, was opened at 7:02 pm and a quorum was determined to be present for the conduct of business.

ZBA Attendees:

• Chair Laura Gail Tyler
• Karen Cleaveland
• Jonathan Trombly
• Mark Bennett

Also Present:

• Applicants Joe Luzzi and Helena Baillie
• Stephen Falk
• Planning Board Chair Mike Billeci

Absent:

• Bob Zises

The first item of business was to approve the draft minutes from the September 8, 2015 meeting. Karen Cleaveland moved to approve the minutes as presented. Mark Bennett seconded. All in favor. Motion carried.

New Business

Area variances for 15 Charlotte Lane ­ Applicants Joe Luzzi and Helena Baillie: Mark Bennett recused himself from the meeting because he may have an economic interest in the applicants’ project. Chair Tyler explained that a house is being constructed on 15 Charlotte Lane. A building permit was issued for the footings and foundation, and then an error was caught because it is in the historic overlay district. The historic overlay district makes it mandatory to go before the

Planning Board for a site plan review. In reviewing the application, it was found that four area variances are needed for the house. The foundation is already in place, but the Board will proceed as it normally does and consider all the factors they normally consider. As a courtesy to the applicants, the Board will expedite things a bit and coordinate with the Planning Board to try to streamline the process.

The applicant, Joe Luzzi, explained the history of the project to the Board: he purchased the two flag lots from David Weiss in January. David had submitted a site plan with a proposed house on it and water and sewer that had been planned and approved. Mr. Luzzi said the plan is to build a house on one of the lots. Since it is a flag lot, they cannot put the house on the street and will have to set it back. The house will be a rustic structure with some modern touches. It will have tasteful earth tone colors, nice windows and will be something that will look nice in the village. He went to the zoning office, showed them the dimensions and the siting, and he was given the permit to pour the foundation. After the driveway was dug, the foundation was poured and the structural insulated panels were being built, Mr. Cole notified him that this would require zoning and planning board approval. Now that work has begun, there is an upcoming scheduled delivery of the insulated panels and there is the potential that delays could be costly.

Karen Cleaveland stated that when David Weiss had his house approved it was before the historic overlay came into play. A survey with the new foundation included was presented by the applicant, and an email from the Village Planner, Michele Grieg, to Chair Tyler was discussed listing the required variances that were found as a part of her review of the project for the Planning Board.

These are the four variances:

1. The size of the footprint of the house. Maximum allowed is 1750 square feet for the footprint and the applicant is up to 2196 square feet.
2. The square footage of the house. Maximum allowed is 2600 square feet and applicant has 3847 square feet. (The ZBA adjusted the square footage after a discussion of the floor plan with the applicant.)
3. Front set back. The maximum distance allowed from the front property line is 70 feet. The applicant has 280 feet. This is measured from where the flag starts.
4. The width of the building. The maximum width allowed is 48 feet. The applicant has 61 feet.

Chair Tyler stated that the Board needs to go through their procedure and consider the following for each variance:

1. Whether it causes a negative change to the character of the neighborhood.
2. Whether there are other alternatives to achieve the same goal.
3. Whether the requested variances are substantial.
4. Whether there will be a negative impact on the physical or environmental conditions.
5. Whether the difficulty is self­created.

There was some discussion about whether the house would be visible from the road. Karen Cleaveland moved to schedule a special ZBA meeting on November 16, 2015 at 7:00 pm. Jonathan Trombly seconded. All in favor. Motion carried.

Jonathan Trombly moved to schedule a public hearing on the four variances for exceeding the maximum allowed building footprint, exceeding the maximum building size, exceeding the maximum allowed building width and for exceeding the maximum front yard setback, all in the Historic Overlay district for November 16, 2015 at 7:00 pm. Karen Cleaveland seconded. All in favor. Motion carried.

A site visit was set for November 15, 2015 at noon.

Chair Tyler made the declaration that this is a Type II action under SEQR so there is no need for an environmental review.

Chair Tyler asked Planning Board Chair Mike Billeci whether he had any comments. He mentioned some upcoming Planning Board requirements including a potential public hearing, referral to the county, county approval of sewer and water and a required Agricultural Data Statement that will need to be filled out by the applicant and mailed to April Marsh and Donald Stickle. A discussion about scheduling a joint public hearing ensued, and it was determined that the Planning Board would need to determine whether they would be able to schedule a public hearing on November 16.

Adjournment

Jonathan Trombly moved to adjourn the meeting at 8:22 pm. Karen Cleaveland seconded. All in favor. Motion carried.

Respectfully submitted,

Claire Roff

Planning and Zoning Clerk