Town Of Charlton: Zoning Board Of Appeals - Meeting Minutes July 12th, 2005

TOWN OF CHARLTON

ZONING BOARD OF APPEALS

MINUTES

JULY 12, 2005

The meeting was called to order at 7:30 P.M. by Chairman Maggie Schmidt. Those present were Ed Malis, Audrey Ketchum, Kurt Vanderhorst, Chip Ellms, and Maggie Schmidt.

The first issue Maggie discussed with the Board was Thomas and Jane Meaney. A year ago they were granted a variance to construct a house on Lake Hill Road. A couple of months ago Maggie called her and left a message to let her know her years time was up soon, so that she was aware of a potential problem. She did not return the call. She did receive it but did not respond. Maggie called again before the July meeting to find out what was going on.

The Meaney’s were trying to get town water and hadn’t received their water permit yet, and that’s why they had not started to build. Maggie said that because it appeared they hadn’t had a substantial activity as far as construction of the home within the years time, she believed the ZBA needed to give them an extension. She requested that Mrs. Meaney come in and talk it over with the board. The Zoning Ordinance says “enough construction and use must commence and be diligently pursued within 12 months from the date of the granting of the variance. Such variance shall become null and void without further hearing or notification of the Zoning Board of Appeals. Such period may be extended only by application to the Board of Appeals which may grant, after a Public Hearing, one additional 12 month extension upon showing a valid reason why such extension of time is needed.” Maggie asked if the Board felt they could consider Mrs. Meaney coming to the Board with a verbal application for an extension as sufficient, or does the Board have to have something in writing? It is not entirely clear in the Ordinance, and the board needed to establish policy in the procedure. Do they have to create a whole new application? The variance was granted in June 2004. Mrs. Meaney said they received the building permit on May 24, 2005 and couldn’t begin anything until then. Nilda asked Mrs. Meaney why they didn’t get a building period last year and Mrs. Meaney said they had to have engineering and plans done for city water before the town could give them a building permit. Now that they have their building permit, they are waiting for their water permit. Ed Malis felt that coming to the board was sufficient. Nilda Burke stated that she believed that to cover them and to cover the Board, the Meaney’s needed to file a formal application as she did a year ago and pay the fee again. The Board had to decide if this has been diligently pursued, even though there had been no construction. After some discussion, Dave LaFountain was consulted and he made it clear that the Meaneys had, in fact, been in the process of application. The water hook up had not been properly applied for and it slowed the process down. Under those circumstances, Nilda made a motion that the Board reviewed the case and felt that the applicant does not need to extend the variance because they indeed had made a diligent effort to pursue construction and they could continue under the existing variance. Chip Ellms seconded the motion and all were in favor.

Maggie asked Sandy Verola, the ZBA liaison from the Town Board, the progress on the cell tower ordinance. Sandy said it’s being reviewed by Fred.

Maggie asked the Zoning Administrator if Verizon has applied for their permit yet and found out they have to get written permission from Cellular One stating they can make the request for the permit in their name.

Sandy Verola said the other thing she’s been working on is the missing records. Maggie said they are still missing and Sandy said she will pursue the matter.

Maggie told the Board there is an applicant who went to the Planning Board and the person wants to divide the property into two substandard lots. There was confusion if the person could go before the ZBA first or had to go to the Planning Board first. It’s been worked out with the town attorneys. According to the town law the ZBA can hear a case such as that before going before the Planning Board and ZBA would still require an advisory opinion of the Planning Board. The applicant was advised to go to the Planning Board for a pre-application conference and have the Planning Board refer them to the ZBA, and then the ZBA will make a recommendation back to the Planning Board. Bob VanVranken told Maggie that the Planning Board does not have to follow the ZBA’s recommendation. Nilda thought that if the ZBA denied a case that was the end of it. But if the ZBA said yes, it doesn’t mean the Planning Board has to approve it. Maggie gave a little background to the Board on the property which is at 8 Crooked Street. The applicant would like to subdivide for his son to put a house next door. He has a house on 1.23 acres of land with 181’ of frontage. The residential zoning district calls for 150’ of road frontage on newly created parcels. The homes across the road from him have on 75’ of frontage and he wants to fit into the character of the neighborhood. The new parcel could have town water. Nilda said a similar situation was allowed on Maplewood where it was two substandard lots, and it was allowed because it was in character with the neighborhood. Maggie said the case probably won’t come before the ZBA until September but she wanted to give the Board the information she had so far.

There are no applications for August.

The annual New York State Planning Federation Conference will be held October 9^th -12^th in Saratoga Springs.

Nilda made a motion to approve the Minutes of the meeting and Public Hearing from June and Ed Malis seconded. All were in favor.

A motion was made by Kurt Vanderhorst to adjourn the meeting, seconded by Ed Malis.


TOWN OF CHARLTON ZONING BOARD OF APPEALS MINUTES JULY 12, 2005 The meeting was called to order at 7:30 P.M. by Chairman Maggie Schmidt. Those present were Ed Malis, Audrey Ketchum, Kurt Vanderhorst, Chip Ellms, and Maggie Schmidt. The first issue Maggie discussed with the Board was Thomas and Jane Meaney. A year ago they were granted a variance to construct a house on Lake Hill Road. A couple of months ago Maggie called her and left a message to let her know her years time was up soon, so that she was aware of a potential problem. She did not return the call. She did receive it but did not respond. Maggie called again before the July meeting to find out what was going on. The Meaney’s were trying to get town water and hadn’t received their water permit yet, and that’s why they had not started to build. Maggie said that because it appeared they hadn’t had a substantial activity as far as construction of the home within the years time, she believed the ZBA needed to give them an extension. She requested that Mrs. Meaney come in and talk it over with the board. The Zoning Ordinance says “enough construction and use must commence and be diligently pursued within 12 months from the date of the granting of the variance. Such variance shall become null and void without further hearing or notification of the Zoning Board of Appeals. Such period may be extended only by application to the Board of Appeals which may grant, after a Public Hearing, one additional 12 month extension upon showing a valid reason why such extension of time is needed.” Maggie asked if the Board felt they could consider Mrs. Meaney coming to the Board with a verbal application for an extension as sufficient, or does the Board have to have something in writing? It is not entirely clear in the Ordinance, and the board needed to establish policy in the procedure. Do they have to create a whole new application? The variance was granted in June 2004. Mrs. Meaney said they received the building permit on May 24, 2005 and couldn’t begin anything until then. Nilda asked Mrs. Meaney why they didn’t get a building period last year and Mrs. Meaney said they had to have engineering and plans done for city water before the town could give them a building permit. Now that they have their building permit, they are waiting for their water permit. Ed Malis felt that coming to the board was sufficient. Nilda Burke stated that she believed that to cover them and to cover the Board, the Meaney’s needed to file a formal application as she did a year ago and pay the fee again. The Board had to decide if this has been diligently pursued, even though there had been no construction. After some discussion, Dave LaFountain was consulted and he made it clear that the Meaneys had, in fact, been in the process of application. The water hook up had not been properly applied for and it slowed the process down. Under those circumstances, Nilda made a motion that the Board reviewed the case and felt that the applicant does not need to extend the variance because they indeed had made a diligent effort to pursue construction and they could continue under the existing variance. Chip Ellms seconded the motion and all were in favor. Maggie asked Sandy Verola, the ZBA liaison from the Town Board, the progress on the cell tower ordinance. Sandy said it’s being reviewed by Fred. Maggie asked the Zoning Administrator if Verizon has applied for their permit yet and found out they have to get written permission from Cellular One stating they can make the request for the permit in their name. Sandy Verola said the other thing she’s been working on is the missing records. Maggie said they are still missing and Sandy said she will pursue the matter. Maggie told the Board there is an applicant who went to the Planning Board and the person wants to divide the property into two substandard lots. There was confusion if the person could go before the ZBA first or had to go to the Planning Board first. It’s been worked out with the town attorneys. According to the town law the ZBA can hear a case such as that before going before the Planning Board and ZBA would still require an advisory opinion of the Planning Board. The applicant was advised to go to the Planning Board for a pre-application conference and have the Planning Board refer them to the ZBA, and then the ZBA will make a recommendation back to the Planning Board. Bob VanVranken told Maggie that the Planning Board does not have to follow the ZBA’s recommendation. Nilda thought that if the ZBA denied a case that was the end of it. But if the ZBA said yes, it doesn’t mean the Planning Board has to approve it. Maggie gave a little background to the Board on the property which is at 8 Crooked Street. The applicant would like to subdivide for his son to put a house next door. He has a house on 1.23 acres of land with 181’ of frontage. The residential zoning district calls for 150’ of road frontage on newly created parcels. The homes across the road from him have on 75’ of frontage and he wants to fit into the character of the neighborhood. The new parcel could have town water. Nilda said a similar situation was allowed on Maplewood where it was two substandard lots, and it was allowed because it was in character with the neighborhood. Maggie said the case probably won’t come before the ZBA until September but she wanted to give the Board the information she had so far. There are no applications for August. The annual New York State Planning Federation Conference will be held October 9^th -12^th in Saratoga Springs. Nilda made a motion to approve the Minutes of the meeting and Public Hearing from June and Ed Malis seconded. All were in favor. A motion was made by Kurt Vanderhorst to adjourn the meeting, seconded by Ed Malis.
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