TOWN OF PRINCETOWN
ZONING BOARD OF APPEALS
PUBLIC HEARING
Shawne & Bethany Smith
May 12, 2008
PRESENT: Victor Benson
Mike Hickok
Sam Salamone
Joe Jurczynski - Alternate
Eric Plura - Chairman
ALSO PRESENT: Town Attorney James Boglioli, Bethany Smith and Andrew O'Mara
Minutes were taken by Dawn M. Campochiaro, Secretary
Chairman Plura called the meeting to order at 7:30pm.
Dawn Campochiaro read the following notice posted in the Daily Gazette:
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Princetown will conduct a hearing on the following proposition on Monday, May 12, 2008 at 7:30pm at the Town Hall located 165 Princetown Plaza:
Mr. & Mrs. Shawne Smith are hereby requesting an area variance for ordinance 5.3.A to install an above ground pool on their property.
Chairman Plura asks the secretary if there is any correspondence from the County Planning Board: Yes. The Schenectady County Department of Economic Development and Planning defers to local consideration on the area variance.
Chairman Plura asks the secretary if there is any correspondence from the Town Planning Board: No.
Chairman Plura asks who is here representing the variance request? Bethany Smith of 951 Willow Run, Duanesburg, NY, states she is. Mrs. Smith would like to put an above ground pool on her property for her children. The spot where she would like the pool to be installed is the east side of the house as it has more living area and the safest spot to see out the windows and doors and also that side gets more sun.
Chairman Plura asks the board members if they have any questions.
Victor Benson asks the applicant; isn't the land more sloped on the side you want the pool than on the opposite side of the house? Mrs. Smith answers yes, but both sides do have a slope. Victor Benson concerns are safety, which depends on how the applicant plans to build around the pool. Mrs. Smith states they are going to dig out the ground for the pool with a slope but there will also be a 4' flat around the entire pool. Mrs. Smith said she is pretty sure it will not be a straight drop off, however, if that happens, then she will put in a retaining wall.
Chairman Plura opens the meeting to the public. Mr. O'Mara states he is a neighbor at 891 Willow Run and he would like to see the plot plan. Mrs. Smith shows Mr. O'Mara the plot plan and he states he has no problem with the pool being installed.
Chairman Plura closes the meeting to the public.
Chairman Plura asks the board members to make a motion using the 5 point balancing test.
1. Whether an undesirable change will be produced in the character of the neighborhood or detriment to nearby properties will be created by the granting of the area variance.
No.
•2. Whether the applicant can achieve his goals via a reasonable alternative, which does not involve the necessity of an area variance.
Only place on property to put the pool.
•3. Whether the requested area variance is substantial.
No.
•4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
No.
•5. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.
No.
Victor Benson moves the motion to approve the variance using the 5 point balancing test.
Joe Jurczynski seconds the motion
Roll call:
Victor Benson - in favor of variance
Mike Hickok - in favor of variance
Sam Salamone - in favor of variance
Joe Jurczynski - in favor of variance
Chairman Plura - in favor of variance.
Motion carries in favor of approving the variance as applied
Meeting was adjourned at 7:50pm.
Respectfully submitted,
Dawn M. Campochiaro
Zoning Board Secretary
