TOWN OF HENDERSON ZONING BOARD OF APPEALS MEETING
12105 TOWN BARN ROAD
NOVEMBER 14, 2007 AT 7:00 PM
Committee Members: Donald Smith, Chairman, Carol Hall, Thelma Schneider, Jerry Tackley, Raymond Walker
____________________________________________________________________________________
CALL TO ORDER at 7:00 PM by Donald Smith
ATTENDANCE and PLEDGE
ANNOUNCEMENT
All matters heard by this Zoning Board of Appeals are in the form of a public hearing. Everyone desiring to be heard will be heard. Before speaking, you are asked to state clearly your name and address. There are two types of matters that come before this Board. They are Variances and Interpretations. The application will be denied unless the applicant has proven his case.
Town Board Resolution adopted September 10, 1992 - NOW, THEREFORE, BE IT RESOLVED, that the Town of Henderson hereby agrees that the following actions shall be considered to be of a local rather than of inter-community or county-wide concern and shall therefore be exempt from referral to the County Planning Board pursuant to General Municipal Law, Section 239m: All area variance for lot size or lot width, if the required lot line setbacks can still be maintained; All single and two-family residential set-back variances (including those for Mobil homes, modular homes) unless the requested setback is adjacent to either a State or County property line, exclusive of State or County highways; All front, rear, and side lot line set back variances for accessory structures (i.e. garages, sheds, decks, etc.) unless the requested setback is adjacent to either a State or County property line, exclusive of State or County highways; All use variances for single and two-family residences; All use variances for home occupations.
All plans comply with Section 7209 of the Education Law
HEARING #1:
Request of Mark & Marcese O'Grady, representing self
Located at 13677 County 123
On Parcel #106.05-1-68
Zoned Lake Front
Which borders properties owned by Michael & Elaine Patchen and Edward Meylor
For an Area Variance to increase the coverage from 29.4% to 34.3% and allow a zero front yard setback and a 6' 8" side yard setback to enable owner to attach a 12 X 12 foot enclosed porch on the east side of the house .
Discussion: Seasonal property. Coverage includes all structures except the 299 sq feet of overhang which is held up by footers from below the bank.
Public Comments: None
SEQR by Jerry Tackley, second by Thelma Schneider, declares the proposed action to be a TYPE II action under Article Eight of the NYS Environment Conservation Law, which determines there is no significant impact on the environment and no further review is necessary with all present in favor.
Voting Yes: Thelma Schneider, Donald Smith, Jerry Tackley, Carol Hall, Ray Walker
Close public hearing by Don Smith, second by Ray Walker
Voting yes : Thelma Schneider, Donald Smith, Carol Hall, Ray Walker, Jerry Tackley
Area Variance Check List was completed as follows
1. Whether undesirable change would be produced in character of neighborhood or a detriment to nearby properties: _____Yes ___X__No
Reasons :
2. Whether benefit sought by applicant can be achieved by a feasible alternative to the variance:
_____Yes __X___No
Reasons:
3. Whether the requested variance is substantial: _____Yes __X___No
Reasons:
4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: _____Yes __X___No
Reasons:
5. Whether the alleged difficulty was self-created: __X___Yes _____No
Reasons:
DETERMINATION OF ZBA BASED ON ABOVE FACTORS:
_____ The Benefit to the Applicant DOES NOT Outweigh the Detriment to the Neighborhood or Community and therefore the variance request is denied.
__X__ The Benefit to the Applicant DOES outweigh the Detriment to the Neighborhood or Community and therefore the variance is granted
The ZBA father finds the following conditions are necessary in order to minimize adverse impacts upon the neighborhood or community
Conditions: None
Roll Call Voting: Don Smith, Thelma Schneider, Carol Hall, Ray Walker, Jerry Tackley
The Variance was ___X__granted _____denied
ADOPTION OF PREVIOUS MINUTES:
Motion by Carol Hall, second by Ray Walker, accepts the October 17, 2007 ZBA Minutes
Voting: Thelma Schneider, Donald Smith, Carol Hall, Ray Walker
Abstain: Jerry Tackley
ADJOURNMENT
Motion by Thelma Schneider, second by Don Smith, adjourns the meeting.
Voting: Thelma Schneider, Donald Smith, Jerry Tackley, Carol Hall, Ray Walker
Respectfully Submitted
Charlotte R. Richmond, ZBA Clerk
