DECISION ZONING BOARD OF APPEALS

TOWN OF CHARLTON, NEW YORK

APPLICANT: Ron Muscanell

ADDRESS:  8 Crooked Street

CASE #:05-07

TAX MAP #:256.10-1-9

NATURE OF REQUEST: Area Request for a subdivision

NEWSPAPER:  Daily Gazette

DATE OF ADVERTISEMENT:  October 1, 2005

DATE OF PUBLIC HEARING:  October 12, 2005

Member Present:  Mary Schmidt, Nilda Burke, 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 12^th day of October 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.

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

1. Whether an 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 Charlton ZBA  agreed that there would be no change to the character of the neighborhood, the lot size and 86.3’ frontage is similar to other properties in the neighborhood,  and a detriment to nearby properties would not be created.

2.Whether the benefit sought could be achieved by some other means: The ZBA determined that the answer was, no. 

3. Whether the request was substantial: The ZBA determined that the answer to this was, yes. The request is substantial but the granting of the variance would be in character with the neighborhood.

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 at this time the answer was no.

5: Whether the alleged difficulty was self created: The ZBA determined that the answer to this was,

yes. 

 It was also decided that the placement of the home could be decided at a later date but would conform to all the required zoning setback specifications of Charlton.

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.

Each of the five members present voted to grant the area variance request Respectfully Submitted

Mary A Schmidt