ZONING BOARD OF APPEALS
TOWN OF CHESTER
1786 Kings Hwy
Chester, New York 10918
August 17, 2017
MEMBERS PRESENT: ALSO PRESENT:
Vincent Finizia, Chairman David Gove, Attorney
Gregg Feigelson Alexa Burchianti, Secretary
Julie Bell
Walter Popailo
The meeting was opened at 7:02 pm by the Chairman Vincent Finizia who led those present in the Pledge of Allegiance.
Motion made to adopt meeting minutes from June 15, 2017 and July 20, 2017. Motion made by Julie. Second by Walter. Motion carried 4-0
Jeffrey Zahn –PUBLIC HEARING
121 Sugar Loaf Mtn Rd. on 4 acres in AR3 district. Seeking an area variance for a placement of a gazeebo in front yard. All set backs are met. Visibility is minimal and is not in the direct open to the road.
Motion made to open the Public hearing by Walter. Second by Julie. Carried 4-0.
Let the record reflect that the legal notice was posted in the Times Herald Record. And all legal notices have been sent out and satisfied by the board.
Let the record reflect, no one spoke for or against the application. Motion to close the Public Hearing made by Walter. Second by Gregg. Carried 4-0.
Jeffrey Zahn for property designated on the Town tax map as Section 15, Block 1, Lot 56.11 and located in an AR3 District for an application for an area variance of Section 98-11(b) of the Town Code to permit a Gazebo in the front yard where the Town Code requires that no such building shall project nearer to the front street line than the principal building.
Counsel for Zoning Board Dave Gove, In making the determination whether to grant or deny this variance the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted is weighed against the detriment health, safety and welfare of the neighborhood or community by said such grant. In making the determination the board shall consider the following:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created.
Gregg Feigelson: No
Julie Bell: No
Walter Popailo: No
Chairman Finizia: No
2. Whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than the area variance.
Gregg Feigelson: Yes
Julie Bell: Yes
Walter Popailo: No
Chairman Finizia: No
3. Whether the requested area variance is substantial.
Gregg Feigelson: No
Julie Bell: No
Walter Popailo: No
Chairman Finizia: No
4. Whether the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
Gregg Feigelson: No
Julie Bell: No
Walter Popailo: No
Chairman Finizia: No
5. Was the alleged difficulty self-created.
Gregg Feigelson: Yes.
Julie Bell: Yes
Walter Popailo: Yes
Chairman Finizia: Yes
Motion made to do a roll call to vote made by Walter. Second by Chairman Finizia. Carried 4-0.
Gregg Feigelson: Yes
Julie Bell: Yes
Walter Popailo: Yes
Chairman Finizia: Yes
The application has been GRANTED with a 4-0 vote. Dave will draw up the resolution.
Dmtry Libman –Area Variance
Peter Manouvelos from LAN Associates for Dmtry Libman. 1 Arthur Road, SR-2 district. Seeking area variance for proposed addition on residence. Prints were handed out to everyone for review. Needs a 9’6” variance on the side yard. Setback is 15’ where the prints are showing 5’6”.
Working with the existing curb cut for the drive way. Adding a 2 car garage with the master on top.
Motion made to set public hearing by Walter. Second by Julie. Carried 4-0. Public hearing set for September 21, 2017 at 7:15pm on or there about that time.
David Annucci –Area Variance
24 Pewter Circle. S/B/L 34-2-15 SR-2 district. They are seeking an area variance for a built in pool. Code requires a 15’ setback from property line. They are seeking an 8’ variance. Property backs to wooded acreage. Photos were posted on website and handed out for review.
Motion made to set public hearing made by Gregg. Second by Walter. Carried 4-0. Public Hearing set for September 21, 2017 at 7:00pm.
Motion to adjourn meeting made by Gregg. Second by Walter. Carried 4-0
Respectfully Submitted,
Alexa Burchianti
Zoning Board of Appeals Secretary