Town of Harrietstown Zoning Board of Appeals

December 28, 2010

7:00 PM

Town Hall Board Room

Members Present: Wayne Voudren, Chairman – Excused

Richard Retrosi – Present

Jim Tyler – Present

Clarence Duprey – Present

Joseph Spadaro – Present

Edwin Randig – ZBA Code Enforcement Officer, Excused

Angela Lucey – Recording Secretary, Present

Public Present: per sign in sheet

The meeting was called to order at 7:00 p.m. by Rick Retrosi, Acting Chairman. He introduced the board and briefly went over the agenda.

Public Hearing: Camp Wawbeek, LLC – Area Variance Application:

Attorney Jim Brooks and Project Manager Ken Jubin present on behalf of Camp Wawbeek, LLC.

Larry and Cindy Nashett, neighbors to the North. Mr. Nashett said they have a couple of concerns on behalf of the application. The plans look appealing but the proposed addition extends into the 25’ setback toward their property. The previous owner put in a hedge row that provides privacy on that side of the property, when a portion of that is removed for this addition that will be lost. They are also concerned with the drainage, which is already a problem and will be increased with such a substantial addition.

Jim Tyler asked how far the Nashett’s house is from the property line.

Mrs Nashett said their house is a little over 25’ from the property line. She included additional concerns that the neighbor’s house with the proposed addition is too big for that lot. She feels there is a way to build an addition without impeding that setback. She believes the lots in that area are too small to build structures of that size. The setbacks are there for a reason. She said the plans look very nice, they are just forgetting a few things.

Jim Tyler asked if an architect has been hired.

Ken said there has, but she wasn’t asked to come tonight. If the board would like to hear from her at an adjourned meeting date, that would be no problem.

Joe said they will see where they get with questions tonight and decide at the end of the meeting.

Jim Brooks said the clients have 9 children and the existing building just wasn’t large enough to accommodate. They asked the architect to design the addition and given the position of neighboring homes/structures, shape of the lot, setbacks, location of septic system in the back of the property, etc. this was their best design. He showed arial photos of the property and photos from the water taken by the broker. He said they would do any and all necessary engineering to mitigate potential drainage issues, and will also address the viewshed concerns of the nieghbors. If they would like more trees planted for privacy or if they would like branches/trees cut, we will do either.

Mrs. Nashett continued with her concerns about drainage and how this proposed addition would significantly increase it.

Clarence asked what the size of the existing house is.

Ken Jubin said the existing residence is approximately 3,100 square feet and the proposed addition is approximately 2,000 sqare feet. He went on to explain how the family arrived at deciding how to configure this proposed addition and its location. To address the Nashett’s concern with the hedge row, he said only 1 balsam and 5 small birch trees would be removed to accommodate the proposed addition. The applicant would plant additional screening along the building if the Nashett’s would like, and they have plenty of room on their own property to plant more trees/extend the existing hedgerow if they wish.

Joe would like to know whether or not the architect was asked to design a 2,000 sq. ft. design to fit Town of Harrietstown zoning requirements or a 2,000 sq. ft. design to the client’s specifications then go apply for a Variance. He feels that a 2,000 sq. ft. addition to a 3,100 sq. ft. residence is substantial and that small design elements could have been changed to make this fit the setback requirements, a wall, a chimney, garage configuration, narrower walkway…

Joe asked Ken if there were computerized, blue-print like renderings done to visualize what the addition would look like if changes were made so it were to fit the setback requirements.

Ken said there were not, they only went to the site and measured. They felt this location and design would be the least impactful toward neighbors and the applicant, and look the best aesthetically.

Discussion between the Nashetts and Mr. Jubin about the location of the proposed addition in relation to the Nashett’s porch.

Rick said that discussion may be good between the applicant and Nashetts, some channells have been opened tonight, but this not the forum for that.

Joe feels this benefit can be achieved by alternate means. He thinks they should meet with the architect on that premise, working within the rules there are to work with.

Ken would like to request an adjournment, giving the ZBA an opportunity to meet with the architect, builder, and maybe do a site visit.

Joe gave Jim Brooks a copy of the Area Variance criteria (blue card) that the ZBA must go by when hearing an application.

Jim Brooks also requested an adjournment. He waved the 62 day timeframe for a decision by the ZBA.

Joe made a motion to adjourn the Public Hearing for Camp Wawbeek, LLC to a future meeting as arranged by Attorney Jim Brooks and Edwin K. Randig, C.E.O.

Clarence second the motion.

Roll Call Vote: Rick – yes

Joe – yes

Clarence – yes

Jim – yes

All in favor, motion carried.

Jim Tyler made a motion to adjourn SEQR to the same meeting as the Public Hearing for Camp Wawbeek, LLC.

Clarence second the motion.

Roll Call Vote: Rick – yes

Joe – yes

Clarence – yes

Jim – yes

All in favor, motion carried.

Approval of Minutes:

The Zoning Board of Appeals Minutes from 5/25/10 and 8/24/10 would both be tabled to next month’s regular meeting as not all members present at those meetings are present this evening.

Joe made a motion to approve the Zoning Board of Appeals Minutes from 9/28/10 as presented.

Jim Tyler second the motion.

Roll Call Vote: Rick – yes

Joe – yes

Clarence – yes

Jim – yes

All in favor, motion carried.

New/Old Business – Draft Comprehensive Plan

Rick made a motion to table discussion on the Draft Comprehensive Plan when all members are present and more information on the Plan is available.

Clarence second the motion.

Roll Call Vote: Rick – yes

Joe – yes

Clarence – yes

Jim – yes

All in favor, motion carried.

New/Old Business – 2011 Meeting Dates

Clarence made a motion to approve the 2011 Meeting Dates Schedule and Application Deadline Schedule as presented, meetings to be held the 4th Tuesday of every month.

Jim Tyler second the motion.

Roll Call Vote: Rick – yes

Joe – yes

Clarence – yes

Jim – yes

All in favor, motion carried.

Jim Tyler made a motion to adjourn.

Clarence second the motion.

Roll Call Vote: Clarence – yes

Rick – yes

Joe – yes

Jim - yes

All in favor, motion carried.

Meeting closed 7:57 pm.