TOWN OF BERNE

ZONING BOARD OF APPEALS

P.O. Box 57

Berne, New York 12023

REGULAR MEETING

Date: March 5, 2008

Present: James Fallon, Chairman; Terry Adams and Werner Knopp. John Carsten and Kileen Cirella were not in attendance.

The Chairman called the meeting to order at 7:52 p.m. and the minutes from the last meeting were reviewed. Mr. Knopp made a motion to accept the meeting minutes of October 29, 2007, Mr. Adams seconded it and all were in favor.

There being no further business before the Board, Mr. Adams made a motion to adjourn the meeting. Mr. Knopp seconded the motion. The meeting was adjourned at 8:00 p.m.

Respectfully submitted,

Anita C. Clayton

Zoning Board Secretary

TOWN OF BERNE

ZONING BOARD OF APPEALS

P.O. Box 57

Berne, New York 12023

PUBLIC HEARING

Date: March 5, 2008

Present: James Fallon, Chairman; Terry Adams, Werner Knopp, and Wayne Emory, Town Board Liaison. Members John Carsten and Kileen Cirella were not in attendance.

Guests: Patricia Walker

Walker – 768 Beaver Dam Road, Parcel ID No. 70.-1-23.1

Mr. Fallon called the meeting to order at 7:34 p.m. Mr. Fallon welcomed Mrs. Walker and introduced the board members. Mr. Fallon stated that Mrs. Walker has submitted an application for an area variance to build a garage on her property. It was stated that no correspondence was received from adjacent landowners and all receipts for certified mailings, with the exception of that from Ronald E. Thompson, Jr., were received.

Mr. Fallon read the Zoning Ordinance requirements for an area variance. The application and site review were reviewed along with the letter from the Planning Board dated January 24, 2008 giving a favorable recommendation to the application and a letter from the Building & Zoning Administrator dated January 29, 2008 denying application for a building permit.

Mr. Knopp asked Mrs. Walker to clarify where the garage would be in alignment with the house. Mrs. Walker stated that there was an 8- foot porch on the front of the house and the garage would start behind the line of the porch in alignment with the house.

Mr. Fallon asked if any trees needed to be removed and Mrs. Walker stated that some already had been taken down.

Mr. Adams asked where the septic lines and leach field were in relation to the garage and asked Mrs. Walker to point them out on the pictures. Mr. Fallon asked if drainage would be affected and Mrs. Walker stated that it would not and the garage area would be graded properly to accommodate the building. Mrs. Walker stated that Richard Ott was the builder.

Mr. Fallon stated that this was a minimum variance request of 5 feet; there were no impositions on the request, this was not involving a subdivision and there was no affect on physical and environmental conditions.

There being no other questions, Mr. Knopp made a motion to grant the 5 foot area variance at 768 Beaver Dam Road, Mr. Adams seconded in, all were in favor. The area variance request was approved.

Respectfully submitted,

Anita C. Clayton

Zoning Board Secretary