DECISION ZONING BOARD OF APPEALS
TOWN OF CHARLTON, NEW YORK

 

APPLICANT:  J@L Services/E. James Putnam

ADDRESS:  704 Swaggertown Road

CASE #:0501

TAX MAP #:256.-1-62

NATURE OF REQUEST: Area Request relating pre-existing substandard lot

NEWSPAPER:  Daily Gazette

DATE OF ADVERTISEMENT:  3/28/04

DATE OF PUBLIC HEARING:  April 12, 2005

LOCATION:  Charlton Town Hall  8PM,

 

 

Members Present:  Mary Schmidt, Carlton Elms, Ed Malis, Kurt Vanderhorst, and Audrey Ketchum

 

The matter having come to be heard before a duly convened meeting of the Zoning Board of Appeals on the 12th day of April 2005 and the facts, matters and evidence produced by the applicant, the Zoning Administrator and all other interested or otherwise involved parties having been duly heard, received and considered, and all due deliberation having occurred, the Decision of the Zoning board of Appeals of Charlton is to grant the request.

 

The Charlton ZBA  was established as the Lead Agency for SEQRA Review. The Board determined that the action was a Type II and received a negative declaration.

 

The  five factors to be considered in respect to an area variance were examined and the determinations were as follows:

 

1. Whether and undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties would be created by the granting of the variance:  The board agreed that there would be no undesirable  change and there was no input from neighbors suggesting a undesirable change. 

 

2. Whether the benefit sought could be achieved by some other means: The answer was no because the lot existed “pre ordinance” therefore it is a legal lot even though is substandard according  to today’s Zoning Regulations

 

3. Whether the request was substantial: Yes it is substantial in regard to present zoning laws

 

4. Whether the proposed variance would have an adverse effect or impact on the physical or environmental conditions of the neighborhood. The ZBA determined that there would not be a negative impact on the neighborhood or district.  The ECC advised the same as long as the septic and well were properly located

 

5: Whether the alleged difficulty was self created: No because it was pre existing

 

Each of the five members present voted to approve the area variance request.

 

Conditions: to have the front setback be established at 60’

 

The applicant was further advised that they had a year from the date of this decision to commence and diligently pursue the construction of this project or this variance could become null and void.

 

Article V Section 11 of the Charlton Zoning Ordinance.

 

Respectfully Submitted

 

Mary A Schmidt, Chairman, Charlton Zoning Board of Appeals