TOWN OF LEE ZONING BOARD OF APPEALS

MINUTES OF MARCH 16, 2021

PRESENT:  Paul Phister, Ryckman Campbell, Michelle Shauger and Ivan Pritchard – Zoning Officer

EXCUSED:  Judy Tallarino - Secretary

The meeting was called to order at 7:00 p.m. The Minutes of February 16, 2021 were reviewed. Ryckman Campbell made a motion to approve the Minutes of February 16, 2021. The motion was seconded by Michelle Shauger and carried.

Paul Phister reminded the audience that all three board members have to vote yes to approve an appeal in order for it to be approved.  He gave them the option to return when there is a full board.

The Public Hearing for Appeal Number 760 was called to order. Kenneth McCullough, 6402 Anderegg Drive, seeks to appeal from Section 107, Schedule of Land Use Controls, to add a storage garage reducing the rear and side setback to 6’ on property designated as Tax Map Parcel No. 171.003-3-76.

Paul Phister read what constitutes an area variance:

1.      whether an undesirable change will be produced in the character of the neighborhood, or a detriment to nearby properties will be created by the granting of the area variance;

2.      whether the benefit sought by the applicant can be achieved by some method which will be feasible for the applicant to pursue but would not require a variance;

3.      whether the requested area variance is substantial;

4.      whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

5.      whether an alleged difficulty is self-created.

The appellant was requested to come before the Board and present his case.

Jeffrey Moore from Moore Land Surveyors provided drawings and spoke on behalf of the client.  He stated there is a septic adjacent to the garage and they intend to have future development of a pool behind the garage.

Ryckman Campbell made a motion to close the open discussion. The motion was seconded by Michelle Shauger and carried.

DETERMINATIONS AND

VOTE ON APPEAL 760

1.   Paul Phister asked if they could move the garage forward 10’ from the back. Mr. Moore stated that the extra feet are to make it easier to back a truck and trailer into the garage.

2.   Ryckman Campbell asked why the garage could not be 20’ x 20’. Mr. Moore stated that it would not provide the storage that the appellant is looking to gain.

3.   Paul Phister asked what the appellant wants to put in the garage. The appellant replied that he wants to put two snowmobiles, a truck, a car, and a lawnmower in the garage.

4.   Paul Phister also commented that the Zoning Board of Appeals does not like to have people repeatedly coming back before the Board. He also stated that the appellant is currently at 17% of the 20% coverage allowed.

Paul Phister made a motion to approve Appeal 760 for an area variance to reduce the rear and side setbacks to 6’ at property designated as Tax Map Parcel No. 171.003-3-76. The motion was seconded by Ryckman Campbell and a vote was cast:

Michelle Shauger voted yea

Ryckman Campbell voted yea

Paul Phister voted yea

The motion carried by unanimous vote.

The Public Hearing for Appeal Number 761 was called to order. Robert and Diana Samuels, 6329 Meadow Drive, seek to appeal from Section 107, Schedule of Land Use Controls, to reduce the setback to 55’ from the center of the road, on property designated as Tax Map Parcel No. 171.003-2-5.

Paul Phister read what constitutes an area variance:

1.      whether an undesirable change will be produced in the character of the neighborhood, or a detriment to nearby properties will be created by the granting of the area variance;

2.      whether the benefit sought by the applicant can be achieved by some method which will be feasible for the applicant to pursue but would not require a variance;

3.      whether the requested area variance is substantial;

4.      whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

5.      whether an alleged difficulty is self-created.

Diana Samuels was present and stated they want to extend their current garage by 12’. She stated that they cannot go the left due to the location of the power lines and pine trees and cannot go to the right as there is not enough room due to the property line.

Ryckman Campbell made a motion to close the open discussion. The motion was seconded by Michelle Shauger and carried.

DETERMINATIONS AND

VOTE ON APPEAL 761

1.   Ryckman Campbell asked if there was a creek on the west side of the garage and clarified the distance of the west side property line.  Mrs. Samuels stated that the creek is on the other side of her neighbor’s property. She also stated that her husband called National Grid and they stated that they could not build the garage within the 60’ on the west side.

2.   Ryckman Campbell if it would be possible to put the garage addition in the back. Mrs. Samuels stated no because there is a pool in the back.

Ryckman Campbell made a motion to approve Appeal 761 for an area variance, to reduce the setback to 55’ from the center of the road, on property designated as Tax Map Parcel No. 171.003-2-5. The motion was seconded by Michelle Shauger and a vote was cast:

Michelle Shauger voted yea

Ryckman Campbell voted yea

Paul Phister voted yea

The motion carried by unanimous vote.

There being no further business to discuss, Ryckman Campbell made a motion to adjourn the meeting at 7:35. The motion was seconded by Paul Phister and carried unanimously.

Respectfully submitted,

Michelle Shauger

Acting Secretary