TOWN OF PRINCETOWN
ZONING BOARD OF APPEALS
PUBLIC HEARING
Terrance Bikowicz
June 22, 2009
PRESENT: Victor Benson
Michael Hickok
Rich Olsen - Alternate
Tim Bishop
Eric Plura - Chairman
Absent: Joe Jurczynski & Sam Salamone
ALSO PRESENT: Terrance and Susan Bikowicz, Dave Ingalls, Doug Thorpe, Kevin Priest, Sherron Lambert, Pat Bishop, Gene Khlyapov 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 that the Zoning Board of Appeals of the Town of Princetown will conduct a hearing on the following proposition on Monday, June 22, 2009 at 7:30pm at the Town Hall at 165 Princetown Plaza:
Mr. Terrance Bikowicz is hereby requesting an area variance for property located on tax map 35.07-1-26.1, Article 5, Section 5.3 of the zoning law for a front building set-back so a single family residence may be constructed on the parcel.
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. Notwithstanding the NYS DEC wetlands permit and site development restrictions identified therein should be referenced on the site plan.
Chairman Plura asks the secretary if there was any correspondence from the Town of Princetown Planning Board: Yes. Based on the greater 15-ft. front setback variance that allows a structure to be built as long as the applicant understands that due to the condition of the private road the emergency response access to this property may be limited.
Chairman Plura asks who is representing this area variance request: David Ingalls from Ingalls & Associates, LLP is representing Mr. Bikowicz with this variance. D. Ingalls states he and Mr. Bikowicz came before the board a few months ago and it was very clear that the board was concerned about the proposed building having a 5' setback, so Mr. Ingalls and Mr. Bikowicz went back to NYDEC and NYSDEC revised the permit modification application dated May 4, 2009 to change the site plan resulting in the residential structure encroaching 7 feet further into the regulated adjacent area of Freshwater Wetland RJ-3 along the shore of Mariaville Lake.
Mr. Ingalls stated that the driveway was flipped to the westerly side of the house and pushed the house closer to the sideline and still were able to maintain about a 25' rear separation to the wetland boundary as referenced in the NYSDEC permit. Mr. Ingalls stated that by pushing the house back the initial 10' to 15' is keeping with the neighboring homes as well allows greater maneuvering for emergency vehicles, snow storage, etc.
Chairman Plura asks the applicant if there is going to be a front door? Mr. Bikowicz stated no and showed plans of the house with the entry from the driveway side of the house.
Tim Bishop asks the applicant; how do you feel about not having any guarantee of emergency services? The applicant stated that he is not concerned as he will do everything he can to make the road accessible to emergency vehicles.
Tim Bishop said to the applicant; do you understand that emergency services afforded other members of this township are not being offered to you in the same way, they are not available to you because of this private road/driveway.
Mr. Bikowicz asked T. Bishop, does that mean it is not offered to anyone on that road? T. Bishop said well you are at the end of the road. Mr. Bikowicz stated he has a letter from the fire chief that states they will/can service that area.
V. Benson asks anyone knows what the minimum square foot of a house is for Princetown. T. Mathes stated it is 900' square feet and Mr. Bikowicz's house is about 1,100 square feet.
V. Benson asked what the dimensions of the driveway are; Mr. Ingalls stated it is about 12' wide and 30' deep.
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.
Yes, stays with the existing properties of Island Drive.
•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.
Yes, based on 50% setback
•4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
No. applicant has a DEC permit
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. Pre-existing condition.
IV. PRIVILEGES OF THE FLOOR
Chairman Plura opens the meeting to the public.
Mr. Gene Khlyapob of 2085 Weast Road (Island Drive) asks T. Bishop about his earlier comment about emergency vehicles not being afford to residents on Island Drive that are offered to residents in the rest of the town, because my house is directly across the street from Mr. Bikowicz's house this means that my house is in jeopardy of not having emergency vehicles? T. Bishop explained that nothing has changed regarding his house. V. Benson also stated to Mr. Khlyapob that nothing has changed however, if an emergency vehicle for any resident on that private road can pose an issue because it is a private road and not maintained by the county or town, so it is up to the resident's to maintain the road for emergency vehicles.
Mr. Khlyapob is also concerned about the set-back because there is no place to put the snow, as the snow was piled on the vacant land.
Mr. Kevin Priest of 2077 Weast Road stated the last meeting his wife spoke about her concerns; however she is out of town so Mr. Priest presented a letter to the board written by his wife Cindy Christman opposing the variance (see letter attached).
Mr. Priest would like to know if the maps used for this variance are current. Mr. Ingalls stated yes they are; they were issued in fall of 2007 and physical measured and surveyed at that time.
Mr. Priest would like the county/town to take over the road; if that would ever happen is the road wide enough? Also, when a house is being constructed, there is always large equipment on the road, which leak oil, grease, etc goes then into the ground then leaks into the lake. He also said if approved this will set precedence and more people will build for their own use or to make a profit selling the land and it will be like the City of Schenectady with the houses close together.
Chairman Plura closes the meeting to the public.
M. Hickok makes to motion to grant the requested area variance based on the findings of the five point balancing test and with below conditions:
•· Homeowner is responsible for their own safety with regards to the maintenance of the private road.
•· NYS DEC (permit#4-4226-00037/00001, dated August 28, 2008, but modified on May 4, 2009) be referenced on the site plan.
•· All conditions from DEC Permit #4-4226-00037/00001, dated August 28, 2008, but modified on May 4, 2009 are to be followed exactly.
•· Princetown Code Enforcement Officer to monitor the property regarding the restrictions from NYS DEC.
Chairman Plura seconds the motion with the stated conditions.
VI. ROLL CALL
Victor Benson - in favor of granting the area variance with conditions as stated
Mike Hikock - in favor of granting the area variance with conditions as stated
Rich Olsen - in favor of granting the area variance with conditions as stated
Tim Bishop- in favor of granting the area variance with conditions as stated
Chairman Plura - in favor of granting the area variance with conditions as stated
Motion to adjourn the meeting was made by Chairman Plura and seconded by M. Hickok
Motion carries 5-0 in favor of the area variance with conditions as stated.
Meeting adjourned at 9:00pm
Respectfully submitted by:_________________________________ Date:_______________
Dawn M. Campochiaro, Zoning Board Secretary
