ZONING BOARD OF APPEALS
TOWN OF BERNE
P.O. Box 57
Berne, NY
Date: November 17, 2010
Present: James Fallon, Chairman; George Christian; Ronald Jordan; Richard Otto; Mike Vincent, Planning Board Member; Peter Schaming, Building & Zoning Administrator; John Carsten and Terry Adams were not in attendance.
Guests: Charles Tommell.
REGULAR MEETING
Mr. Fallon called the meeting to order at 7:02 pm. The minutes of 10/27/10 were reviewed. Mr. Christian made a motion, seconded by Mr. Jordan to accept the minutes. All were in favor and the minutes were approved.
There being no further business before the board, Mr. Fallon made a motion, seconded by Mr. Jordan, to close the meeting. The meeting was adjourned at 7:04 pm.
PUBLIC HEARING
Charles Tommell – Variance application to replace existing porch and add a new roof.
Mr. Fallon called the hearing to order at 7:05 pm. The board members introduced themselves and it was noted that Mr. Otto was sitting in for Mr. Carsten who was not in attendance.
Mr. Tommell has two applications before the board and each one will be addressed separately. All public notices were sent and posted.
Mr. Tommell introduced himself and advised the board that he bought a camp at 24 Lakeview Road in the Town of Berne five years ago. He would like to fix the camp. Mr. Fallon explained the process of applying for the building permit, being denied and the need for a variance. He read the Zoning Ordinance pertained to variances and undersized non-conforming lots. Mr. Fallon stated this was an area variance due to dimensional issues. Mr. Fallon read the favorable recommendation and the site review from the Planning Board and the recommendation from the Albany County Planning Board which defers to local consideration.
Mr. Tommell stated he would like to remove the existing porch and step and replace it with a 20’ wide porch with the steps coming off the side towards the driveway. The present roof is poorly designed and he would like to put a peak into the roof to improve the look and handle the snow.
There was discussion regarding the steps not extending beyond the building, tying into the present roof. Mr. Fallon asked Mr. Schaming if there would be a need for a variance if he was not changing the dimensions. Mr. Schaming stated there would not be but because he is extending the porch from 6 feet to 8 feet he needs a variance. Mr. Fallon asked if he would need a building permit if he stayed at the 6 feet, Mr. Schaming responded yes.
The following was discussed: undesirable change to neighborhood, it was agreed there was none; any other building method to avoid a variance, Mr. Christian stated he couldn’t see a more appropriate way, Mr. Jordan stated if it was small it wouldn’t be useful. There was also discussion regarding the undersized lot, the requirement is 15,000 sq. feet and Mr. Tommell has 7, 700 sq. feet. Mr. Christian stated there is a 10% increase in the footprint and did not feel that was substantial; and Mr. Jordan stated he was still 50’ from the road. It was agreed there were no adverse affect on environmental conditions.
Mr. Fallon felt that the SEQR is a Type II with a negative declaration with no significant impact on the environment and no further review was necessary. Mr. Christian made a motion, seconded by Mr. Jordan, to declare the SEQR a Type II with a negative declaration with no significant impact, Mr. Otto seconded the motion; all were in favor and the motion was accepted.
Mr. Jordan stated this was a positive change for the community and made a motion to approve the area variance as applied and as recommended by the Planning Board. Mr. Otto seconded the motion, all were in favor and the area variance was granted.
Mr. Jordan made a motion, seconded by Mr. Fallon to close the public hearing. All were in favor and the hearing was adjourned at 7:42 pm.
PUBLIC HEARING
Charles Tommell – Variance Application – fence
Mr. Fallon called the hearing to order at 7:43 pm. This hearing is to address the variance application from Mr. Tommell for a six foot fence on his property located at 24 Lakeview Road, Berne. All public notices were sent. Mr. Fallon read the Zoning Ordinance pertained to fences.
Mr. Tommell stated he wanted to put up a six foot fence along the east side of his property. He stated it would be a four foot solid fence with two feet of lattice on top, for a total of six feet. The fence is finished on both sides and will be approximately eighty feet long and extend 18 feet past the front wall of the house.
Mr. Vincent of the Planning Board stated they did a site review, found one pin for measurement. He also stated that the fence would create privacy for Mr. Tommell’s neighbor and that the neighbor stated there was no objection to the fence.
Mr. Fallon read the favorable recommendation from the Planning Board and the recommendation from the Albany County Planning Board which defers to local consideration. Mr. Fallon stated he took a hard look at the project and made a motion that the SEQR is a Type II with a negative declaration with no impact on the environment and no further review was necessary. Mr. Jordan seconded the motion; all were in favor and the motion was accepted.
Mr. Jordan asked Mr. Schaming if he will be looking at the construction; Mr. Schaming stated he will be making an inspection.
Mr. Jordan made a motion to approve the variance application with the stipulation that the total height of the fence be six (6’) feet including the lattice with the exception of the posts. Mr. Christian wanted to add that the fence extend no more than 18 feet beyond the east corner of the house, not including the porch. Mr. Fallon said he was reluctant to make a decision without seeing the property lines and stated that one of the conditions would be that the fence be on Mr. Tommell’s property.
Mr. Christian made a motion to approve the variance application for the fence with the following conditions:
1. The height of the fence will be a total of six (6’) feet including the lattice with the exception of the post or crown;
2. The fence will extend no further than 18 feet past the east corner of the house, not including the porch;
3. The fence will be on Mr. Tommell’s property.
Mr. Fallon seconded the motion, all were in favor and the variance was granted.
There being no further business before the board, Mr. Jordan made a motion, seconded by Mr. Otto to adjourn the hearing. All were in favor and the hearing was adjourned at 8:06 pm.
Respectfully submitted,
Anita C. Clayton
ZBA Secretary
Approved 2-16-11