TOWN OF PRINCETOWN
ZONING BOARD OF APPEALS
PUBLIC HEARING
Mr. John Miley & Carol Maddalla
July 27, 2009
PRESENT: Victor Benson
Mike Hickok
Samuel Salamone
Tim Bishop
Eric Plura - Chairman
Absent: Joe Jurczynski and Rich Olsen
ALSO PRESENT: Gino Santabarbara, James Nelson and Town Attorney - Todd Mathes
Minutes were taken by Dawn M. Campochiaro, Secretary
I. CALL TO ORDER
Chairman Plura called the meeting of Zoning Board of Appeals to order at 7:30pm.
II. CORRESPONDENCE:
Dawn Campochiaro, Secretary read the following notice as posted in the Daily Gazette:
PLEASE TAKE NOTICE the Zoning Board of Appeals of the Town of Princetown will conduct a hearing on the following proposition on Monday, July 27, 2009 at 7:30pm at the Town Hall at 165 Princetown Plaza:
Mr. John Miley and Carole Maddalla is hereby requesting an area variance for a
subdivision 5.2E of the zoning law.
Chairman Plura asks the secretary if there was any correspondence from the Schenectady County Planning Department. 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 was any correspondence from the Town of Princetown Planning Board: Yes. The applicant's variance request was discussed by the Planning Board at its June 25, 2009 meeting. The board has no objection to the area variance sought by the applicant for a reduced side set-back on Lot 2 of 61.7ft. as long as the lot continues to be used for a single family residence.
Chairman Plura asks the board members if they have any questions.
T. Bishop asks the applicant if he was only going to build a single family home on lot 1. Mr. Miley stated yes.
III. BALANCING TEST:
The 5 points were reviewed:
•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.
No.
•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.
Yes/No
Attorney Mathes would like the letter from the Gifford Abstract Corporation dated July 6, 2009 filed with the zoning board minutes indicating that there is no easement of recording giving Mr. & Mrs. Iovino any rights over the parcel now owned by Carole Maddalla.
IV. PRIVILEGES OF THE FLOOR
Chairman Plura opens the meeting to the public.
Mr. James Nelson stated he is not in favor of the area variance because he feels that Mr. Miley can sub-divide without a variance. V. Benson stated that Mr. Miley variance is more beneficial as there will be fewer disturbances to the property and surrounding areas than if he didn't get the variance.
Chairman Plura closes the meeting to the public.
Sam Salamone makes the motion to approve the area variance with a condition on lot #1 "that there be no multi-family unit constructed within the 100 ft set-back and it's to be stated on any future sub-division plots".
Tim Bishop seconds the motion with the condition.
VI. ROLL CALL
Victor Benson - in favor of granting the area variance with above condition
Mike Hickok - in favor of granting the area variance with above condition
Sam Salamone - in favor of granting the area variance with above condition
Tim Bishop- in favor of granting the area variance with above condition
Chairman Plura - in favor of granting the area variance with above condition
Motion to adjourn the meeting was made by Chairman Plura and seconded by V. Benson
Motion carries 5-0 in favor of granting the area variance
Meeting adjourned at 8:30pm
Respectfully submitted by:_________________________________ Date:_______________
Dawn M. Campochiaro, Zoning Board Secretary
