TOWN OF CHARLTON

ZONING BOARD OF APPEALS

 

Meeting of October 10, 2006

 

 

Applicant:                           Michelle Cuchelo

Applicant Address:             71 Deer Spray Drive, Clifton Park, NY 12065

Case No.:                            06-09

Parcel Tax Map No.:          235.00-1-33.1

Relief Requested:               Area Variance

Notice of Publication:        Daily Gazette, September 1, 2006

Date/Time Public Hearing: September 12, 2006 - 7:45 p.m.

Location:                            Charlton Historical Society Building

                                            Maple Avenue, Charlton, NY

 

 

            MOTION AND RESOLUTION regarding Michelle Cuchelo application for a single lot area variance and as shown on a survey entitled “Subdivision of Lands n/f of Michelle Cuchelo, Book 1735, Page 556", prepared by Northeast Land Survey & Land Development Consultants, P.C., dated June 23, 2006 and amended July 24, 2006.

 

PROCEDURES

 

            1.  The Charlton Zoning Board of Appeals received an application from Michelle Cuchelo dated July 25, 2006 with respect to Parcel Tax Map No. 235.00-1-33.1, being located on Sacandaga Road (State Highway 147) in the Town of Charlton, Saratoga County, New York.  The parcel is located in a Residential Agricultural District as determined by the Town of Charlton Zoning Law.  The parcel is shown on the above-referenced survey and is part of a proposed four lot subdivision.

 

            2.  The application requested an area variance.  The application addressed the area variance and included an attached tax map of the parcel and the names and addresses of the required neighbors to be notified of the public hearing, the aforementioned survey of the four lot subdivision, a short environmental assessment form and a two page summary of the applicant’s rationale for the requested relief. 

 

            3.  A public hearing was held at 7:45 p.m. at the Charlton Historical Society Building on September 12, 2006.  The Chairman of the Zoning Board of Appeals acknowledged all documentation received with respect to the application, including letters from the Charlton Planning Board and the Charlton Environmental Conservation Commission.  There was acknowledgment of a letter received from Mr. Harold Zeliger, owner of a neighboring parcel.  The applicant, through her attorney David Pentkowski, made a presentation with respect to the requested area variance.  The Zoning Board of Appeals received public hearing input from several neighbors and other Charlton residents regarding the application.  The public hearing was then adjourned in order to further consider the application and information presented.

 

            4.  The Zoning Board of Appeals was concerned about certain issues related to the application.  The Zoning Board of Appeals indicated to the applicant that additional consideration would be required, including a visit to the site by the Board and that following the adjourning of the public hearing, the Board determined to reconvene the matter at this October 10 meeting.

 

            5.  It was acknowledged during the public hearing that a subdivision application that involved the lot for which the area variance is requested has been filed with the Charlton Planning Board.  The Charlton Planning Board designated itself lead agency with respect to procedures required by the State Environmental Quality Review Act (SEQRA).  The Zoning Board of Appeals undertook no consideration of any SEQRA issues. 

 

            6.  The Board then met on October 10, 2006 for a continuation of the public hearing, for further consideration of the Cuchelo application and to receive additional information from the Charlton ECC and the Charlton Town Engineer, Michael McNamara.  Following the closing of the public hearing, the Board considered the five criteria for an area variance and rendered a decision in this matter.

 

FINDINGS OF FACT and CONCLUSIONS AT LAW

 

            The Zoning Board of Appeals hereby finds the following facts with respect to the referenced application:

 

            1.  All legal requirements with respect to the processing of the application for an area variance by Michelle Cuchelo have been complied with, including the filing of a completed application, proper notification of all neighbors of the public hearing, conduct of the public hearing on September 12 and October 10, Board consideration following the closing of the public hearing on October 10 and final motion and resolution regarding the requested area variance.

 

            2.  The minimum continuous lot frontage for a residential building lot in a Residential Agricultural District is 200'.  The lot subject to the area variance application, designated as Lot 4 on the referenced subdivision survey, has 133' of continuous road frontage.

 

            3.  Based on information provided to the Zoning Board of Appeals by the applicant, the Board determined that the granting of the area variance would not produce an undesirable change in the character of the neighborhood or be a detriment to nearby properties.  The proposed Lot 4 contains 16.05 acres, which exceeds the Town of Charlton Residential Agricultural lot size minimum of 2 acres.  It is proposed that a residence be built on the lot at a location of over 900 feet easterly of Sacandaga Road and at a location on the lot where there is approximately 670' of lot width.  The residence would not be visible from Sacandaga Road and there is both a tree and land buffer between the residence located on the adjoining Zeliger lot.

 

            4.  Based upon the information provided by the applicant, the Board determined that the relief requested could not be achieved by some other means.

 

            5.  Based upon the information provided by the applicant, the Board determined that the requested variance was substantial.  As stated above, the minimum required continuous frontage for a lot at this location is 200', therefore, the deficiency of frontage is 67'.  This represents a deviation of almost 34% from the required road frontage.  However, the Board further considered the facts that the lot has significant acreage well in excess of the Zoning Law requirements and that at the house location site, the lot width is also substantially greater (670' v. 200') than as required by the Zoning Law.

 

            6.  Based upon the information provided by the applicant and others at the public hearing, the Board determined that a granting of the area variance would not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.  A buffer area of trees would exist between the existing Zeliger residence and the proposed residence to be constructed on Lot 4.  The location of the new home would also be located at a substantial distance easterly from Sacandaga Road, thus continuing to maintain the general physical environment of the area in which the proposed four lot subdivision would be located.  Environmental issues raised during the public hearing are under the jurisdiction of the Charlton Planning Board and do not constitute a material issue in the consideration by the Zoning Board of Appeals of this area variance.

 

            7.  Based upon information provided at the public hearing, the Board determined that the alleged difficulty, namely the deficient road frontage for Lot 4, was self created.  At the time of the purchase of the subject property by the applicant, the perimeter boundaries and the relationship of the north side of the parcel with the Zeliger lot were known to the applicant.

 

            8.  During the public hearing, the Zoning Board of Appeals heard comments and concerns from neighbors to this property.  Concerns also were raised by other residents of the Town of Charlton and including members of the Charlton Planning Board.  The Board considered the benefit to the applicant if the variance was granted as weighed against the detriment, if any, to the health, safety and welfare of the neighborhood or community by such grant.

 

            NOW ON MOTION OF Audrey Ketchum and seconded by Nilda Burke, the following resolution is introduced for consideration by the Zoning Board of Appeals:

 

            RESOLVED, that the Zoning Board of Appeals approves the application of Michelle Cuchelo for an area variance with respect to Lot 4 of a proposed subdivision and as shown on a subdivision map referenced in this decision, and it is further

 

            RESOLVED, that this decision will be forwarded to the Charlton Planning Board and the Town Clerk within three (3) calendar days.

 

 

FOR THE RESOLUTION:  Audrey Ketchum. Nilda Burke, Ed Malis and Mary Schmidt

 

 

AGAINST THE RESOLUTION: none

 

 

 

The Resolution is hereby approved.

Respectfully submitted,

 

 

Mary A Schmidt

Chairman, Charlton Zoning Board of Appeals