DRAFT

Horicon Zoning Board of Appeals April 23 2013

Minutes	7:00PM

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Present:	Gary Frenz, Chairman

Cheryl Erickson, Vice-Chair

Priscilla Remington

Bob Miller, Alternate

Charles Lewis, Alternate

Also Present: Mike Hill, Esq. Town Attorney

James Steen, Zoning Administrator

Bill McGhie, Planning Board Member

Bob Olson, Town Board Member

Michael Hill I, Bonnie Cohen, John and Ann Hall

Agenda Items:	File #2013-03AV Tax Map 38.20-1-4 Cohen, Jeff & Bonnie

File #2013-05AV Tax Map 20.-1-46 Hill II, Michael

File #2013-06AV Tax Map 55.10-1-4 Hall, John and Ann

The regular meeting was called to order by Chairman, Gary Frenz at 7:00PM. Gary Frenz called for a moment of silence for the people of Boston and Texas. Gary Frenz stated that Bob Miller and Charles Lewis will be voting members in the absence of Tad Smith and Carl Heilman.

Minutes: Cheryl Erickson made a motion to approve the March 2013 corrected minutes as discussed, 2nd by Priscilla Remington. Voting members present at the March meeting were Gary Frenz, Cheryl Erickson, Bob Miller and Priscilla Remington all voting Aye.

NEW BUSINESS:	File # 2013-05AV

Tax Map 20.-1-46

Michael Hill II

403 Johnson Rd

30 foot rear-yard setback variance where 50 feet is required to build a new home.

Jim Steen stated that a 12 foot wide mobile home was removed from this property years ago and the new proposed home will modest in size and be 24 feet wide, the lot is 100 feet deep and requires a rear-yard setback variance and building any home on this parcel would require some kind of variance as the requirement from the road setback is 50 feet and the rear setback is also 50 feet. The proposed home is 56 feet off the road.

Michael Hill I, the applicant's father stated that the old mobile home was 12 feet off the road and the property in the back is a large parcel of approximately 100 acres.

Attorney Mike Hill asked if there were any structures behind the subject parcel.

Michael Hill I stated that the parcel is vacant.

Gary Frenz asked if there were any questions.

Cheryl Erickson made a motion to deem the application complete and schedule a public hearing for May 28th. 2nd by Charles Lewis, All Ayes.

NEW BUSINESS:	File # 2013-06AV

Tax Map #55.-1-4

John and Ann Hall

736 Palisades Rd

74 foot shoreline setback variance where 100 feet is required and a

5 foot 6 inch side-yard setback variance where 15 feet is required to build a new home.

DRAFT

Horicon Zoning Board of Appeals April 23, 2013

Minutes	7:00PM

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Jim Steen stated that the applicants wish to replace a pre-existing, non-conforming structure on a narrow property with a new home, the road setback and the shoreline setback cris-cross so a variance is needed as the applicants are enlarging the new proposed structure.

John Hall stated that the existing home was built in 1963 prior to zoning and is 26 feet from the shoreline, would like to utilize just the existing footprint, building a new home, adding a garage, mud room along with a second story, the topography does not allow to build closer to the road.

Cheryl Erickson stated that the dimensions are shown on page 102 of the application asking is the septic and well is indicated.

John Hall stated that the proposed septic is not on the map as the existing septic is near the steps is a a 55 gal drum that has been pumped out, pointed out the well on the amp and is consulting with an Engineer to design a NORWECCO system.

Jim Steen stated that there is a preliminary application for the septic system

John Hall stated that the existing well will be utilized unless it does not meet the well/septic separation.

Priscilla Remington asked if the deck on the beach front will remain.

John Hall stated the deck is pre-existing and will remain.

Cheryl asked if all of the new construction is in the rear of the existing home.

Charles Lewis stated that the beach deck was built within the last 20 years and remembers that the rail had to be removed in order for the deck to remain.

John Hall stated that he is also looking into solar panels on the roof and handed out drawings to the board, the would change the roof orientation over the entrance way and asked that the solar panels be part of the application as they are approximately 4 to 6 inches high.

Cheryl Erickson stated that the roof elevation is 34 feet and the solar panels would add 6 inches.

John Hall stated that the solar panels would not be more than 1 foot high, still below the 40 foot height restriction.

Gary Frenz stated that the parcel only gets morning sun.

John Hall stated that the trees may not allow for solar panels.

Being no further questions or comments Cheryl Erickson made a motion to deem the application complete and schedule a public hearing for May 28th, 2nd by Charles Lewis. All Ayes.

PUBLIC HEARING: File #2013-03AV

Tax Map #38.20-1-4

Property Location: 16 Horicon Birches Road

Owners: Jeff and Bonnie Cohen

Project: 21 foot shoreline variance to add a 22 foot x 24 foot screen porch

Jim Steen pointed to the map showing the board the septic for the parcel stating that he spoke with Mike Shaw, NYSDOH and there is no issue with the elevated porch near the septic system and wanted to clarify that after determining the slope of the land that the steps would not need to be out 4 feet but 2 feet will suffice requesting that the variance request be reduced by 2 feet, which will make the new deck 29 feet from the shoreline, not 27 feet as stated previously. Jim Steen continued on to state that this project is very similar to the Thurston shoreline setback variance approved in 2009 as this porch/deck would not work on the other side of the home, continued on to state that the explanation of a 22' x 24' is not entirely accurate, this project is two structures connected, a screen porch with a roof that is no closer to the lake than the existing home and an open deck that juts out from the house a maximum of 7' from the pre-existing non-conforming home.

Being no further comments or questions, Priscilla Remington made a motion to close the public hearing, 2nd by Cheryl Erickson. All Ayes.

UNFINISHED BUSINESS: File #2013-03AV

Tax Map #38.20-1-4

Property Location: 16 Horicon Birches Road

Owners: Jeff and Bonnie Cohen

Project: 21 foot shoreline variance to add a 22 foot x 24 foot screen porch

Priscilla Remington stated that the applicant is requesting a minimum variance, this is a modest size porch/deck addition and is similar to the Thurston project and there are no other alternatives to get access from the front porch and a 4' landing from the front door is a modest request.

DRAFT

Horicon Zoning Board of Appeals April 23, 2013

Minutes	7:00PM

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Cheryl Erickson stated that this is a pre-existing non-conforming parcel and access to the home where the door was built is an appropriate request, the size is minimal as the enclosed portion is no further from the lake than the deck portion, there will be no adverse impact on the lake due to runoff, if the deck/porch were smaller it would not be usable, the neighbors would not notice the porch/deck as the trees will screen this from view from the neighbors and the lake, there will not be any noise impact as the home sits below the road and this provides a safety egress from the home, this is a modest expansion, the applicants have taken the proper steps to avoid any impact on the existing septic system and the deck has less impact on the shoreline than the screen porch it is the deck that is closer to the lake than the proposed screen porch that does not go closer to the lake than the existing home.

Mike Hill stated for the record that this project is referred to as a 22' x 24' porch when in actuality the drawing submitted shows that the screen porch is 13' wide x 19' long on the left side and 13' wide on the right side and shows that it sit back from the house line by 1 foot and is no closer to the lake, and the deck portion, attached to front of the screen porch also utilizing the front door of the home is shown as 4' wide by 24' long, on the left side in front of the home, and 5' wide on the right side of the home, and the steps would protrude out from the deck towards the lake by 2'.

Being no further comments, the board reviewed the criteria:

1) There will be no undesirable change to the character of the neighborhood or detriment to nearby properties as this will be a positive improvement as the neighbors will not notice the addition, this is a pre-existing, non-conforming structure, this will not be seen from the lake, a porch and deck are typical improvements to a home, there will not be a negative noise or visual impact and this provides a safety egress from the house.

2) The benefits sought be applicant cannot be achieved by other means as this is most appropriate placement for a porch for egress and is reasonable in size, the porch cannot be moved further back due to the existing septic system.

3) This request is not substantial as the deck portion of the addition is going toward the lake four (4) feet with the steps coming off the deck by two (2) feet and has less impact of the enclosed portion, this is a pre-existing, non-conforming home.

4) There will be no adverse effect or impact on the physical or environmental conditions in the neighborhood as the applicants have taken care to avoid interference with the septic system.

5) The alleged difficulty was not self created as the home was built in the 1950's and this is a normal upgrade to a pre-existing, non-conforming home.

6) This is the minimum variance needed as this is a small porch/deck addition to a home.

Cheryl Erickson added that the variance request was reduced by 2'

Cheryl Erickson made a motion to approve the 21' shoreline setback variance as discussed, 2nd by Priscilla Remington. All Ayes.

OLD BUSINESS: Training reminder - Monday April 29th 4 - 8:30 PM

Photo ID's - Call Jody MacAvey at the North Warren School 494-3515 ext 706 for an appointment.

Next Meeting is scheduled for May 28th, 2013. There being no further business before the board, Chair Gary Frenz adjourned the meeting at 8:00 PM

Respectfully Submitted.

Christine Hayes, Secretary