TOWN OF PRINCETOWN
ZONING BOARD OF APPEALS
PUBLIC HEARING
Anthony Cerrone
July 13, 2009
PRESENT: Rich Olsen - Alternate
Samuel Salamone
Tim Bishop
Eric Plura - Chairman
Absent: Joe Jurczynski, Victor Benson and Mike Hickok
ALSO PRESENT: Gino Santabarbara, Stephanie Pischel, Maria and Anthony Cerrone 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 13, 2009 at 7:30pm at the Town Hall at 165 Princetown Plaza:
Mr. Anthony Cerrone of 610 Birchwood Drive, Duanesburg, NY 12056 is hereby requesting an area variance 5.3A of the zoning law for a garage located on his property.
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. Due to the fact that the Town's building inspector mistakenly approved the location for the garage within the 20-ft. setback and did not require the applicant to request a variance before the construction in 2002, the Planning Board feels that the applicant should be granted the 7-ft. side setback variance necessary to make the building legal.
Chairman Plura asks who in the audience is requesting the area variance? Mr. Anthony Cerrone of 610 Birchwood Drive. I am seeking the area variance because at the time I was laying out the property and the house and the garage. The lay of the land where the garage is now, was 12 ½ feet lower than any place else and I knew I was going to bring it up to grade with fill so I thought this would be the best place for the garage to make it easier to pull in and out of the garage to make the radius so I wouldn't have to drive on the lawn.
Chairman Plura asks the applicant what did the building inspector tell you at the time when you applied for your permit? Mr. Cerrone stated that Kevin McCarthy told him he would need an 10 foot area variance and gave him the forms to fill out, Mr. Cerrone filled out the paperwork and paid $65.00. Mr. Cerrone applied for the area variance but Mr. McCarthy stated to Mr. Cerrone, that he probably would not get the 10' foot variance, so Mr. McCarthy asked if Mr. Cerrone would be willing to go 15 feet. Mr. Cerrone told Mr. McCarthy that 15 feet would be fine and that Mr. Cerrone said that he would still have good radius to get in and out of the garage. So Mr. McCarthy gave Mr. Cerrone a signed building permit with a 15 foot setback with no required area variance approval from the Zoning Board of Appeals.
Chairman Plura asks the applicant if the driveway goes around to the back of the building. Mr. Cerrone said no.
Chairman Plura asks the board members if they have any questions.
Rich Olsen stated to the board, there is no alternative except to have him tear his building down? The other board members said that is correct or if the variance is denied the town can have him move the building also.
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. Already existing
•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 applicant not aware of the zoning laws.
IV. PRIVILEGES OF THE FLOOR
Chairman Plura opens the meeting to the public.
Stephanie Pischel of 654 Birchwood Drive, would like to know why she received a postcard to the meeting? Attorney Mathes stated it is because her property line is within 500 feet of Mr. Cerrone's property. Does the town require plot plans anymore? Chairman Plura stated yes the town requires plot plans for variances. Chairman Plura stated to Ms. Pischel is she has more questions concerning requirements for variances within the Town of Princetown to please contact the Building Inspecting Daniel Marciniak.
Chairman Plura closes the meeting to the public.
Tim Bishop makes the motion to approve the area variance.
Sam Salamone seconds the motion.
VI. ROLL CALL
Rich Olsen - in favor of granting the area variance
Sam Salamone - in favor of granting the area variance
Tim Bishop- in favor of granting the area variance
Chairman Plura - in favor of granting the area variance
Motion to adjourn the meeting was made by Chairman Plura and seconded by S. Salamone
Motion carries 4-0 in favor of granting the area variance
Meeting adjourned at 8:30pm
Respectfully submitted by:_________________________________ Date:_______________
Dawn M. Campochiaro, Zoning Board Secretary
