Present: Chair M. Sharman, G. Cole, B. Weber, Code Enforcement Officer-A. Backus, Recording Secretary-A. Houk Excused: Chair P. Nilsson, R. Bergin, James Campbell, Attorney AGENDA: (1) Accept and approve the meeting minutes of June 20th, 2016 (2) Kevin Strauss 10 Summers St. Livonia, NY An area variance is requested for a proposed above ground Swimming Pool which will violate the rear setback requirements according to Section 150-31G (3) which states the minimum rear setback of 30. This property is located at 10 Summers Street, Livonia, New York and is zoned Neighborhood Residential District (NR). (3) Christopher & Mary Willoughby 4511 East Lake Rd. Livonia, NY An area variance is requested for a proposed addition which will violate the north side setback requirements according to Section 150-31G (2) Minimum required side setbacks shall be Side: 15 feet. The variance is also requested for the expansion of a nonconforming buildings which violates Section 150-70A (2) no nonconforming building shall be enlarged, extended or increased. This property is located at 4511 East Lake Road Livonia, New York and is zoned Neighborhood Residential District (NR). (4) Thomas Lockwood 5750 McPherson Point. Livonia, NY An area variance is requested for a proposed Shed which will violate the front setback requirements according to Section 150-31G (1) which states front setback shall be 50 feet, including all yards of a corner or through lot which fronts on an improved street. This property is located at 5750 McPherson Point, Livonia, New York and is zoned Neighborhood Residential District (NR). Chair M. Sharman brought the meeting to order at 7:04 p.m... Chair M. Sharman asked if everyone reviewed the meeting minutes. The Board agreed they had and Chair M. Sharman asked for a motion to approve. M/2/C (B. Weber/G. Cole) Carried: 3-0 (2) Kevin Strauss 10 Summers St, Livonia, NY CEO A. Backus read the Public Notice: PLEASE TAKE NOTICE that the will hold a public hearing on Monday July 18th, 2016 at 7 p.m. at the Livonia Town Hall, 35 Commercial Street, Livonia, New York to consider the application of Kevin Strauss for an area variance pursuant to Section 150-17C of the Zoning Code Of Livonia. This area variance is requested for a proposed above ground Swimming Pool which will violate the rear setback requirements according to Section 150-31G (3) which states the minimum Rear setbackincluding at least one yard of a corner or through lot: 30 feet. This property is located at 10 Summers Street, Livonia, New York and is zoned Neighborhood Residential District (NR) 1
2 The application is on file in the Building Zoning Department in the Livonia Town Hall, 35 Commercial Street, Livonia, New York, for public review. All interested parties will be heard at this time CEO A. Backus polled the Board for site visits: Chair P. Nilsson: Excused R. Bergin: Excused G. Cole: Yes M. Sharman: Yes B. Weber: Yes Chair M. Sharman asked Kevin Strauss 10 Summers Street to come forward and address the Board to explain what he is proposing to do. K. Strauss stated that he would like to install a 24 above ground pool. The pool would be 17-1/2 from his rear lot line, which has a 30 setback requirement. There is an existing deck off the back of the house which he plans to extend to meet the pool. He would like to place the pool in this area as it is a more private & secluded area behind his garage. This will keep the south side of his property available for other activities. G. Cole asked if K. Strauss had an opportunity to speak with his neighbors regarding his proposal. The neighbors on both sides and the daughter in-law of the farmer who owns the land behind K. Strauss were contacted. None of the neighbors had any objections to placing the pool and extending the deck. B. Weber asked for clarification on the existing deck and what the extension is going to be. The extension will be adding 9 X 12 for a final deck of 23 X 30. B. Weber asked if the pool could be placed closer to the existing shed to keep within the setback requirements of 15. K. Strauss said that would put the pool too close to the existing shed, only about 4 away. A. Backus asked if there were any restrictions to moving the deck North or West to keep within the setbacks. K. Strauss stated that there are no restrictions, but moving the pool west would decrease the size of his deck which is already small. Chair M. Sharman opened the meeting up for questions from the public. Chair M. Sharman asked that they state your name, address and state your questions or concerns. Not hearing any response, the public hearing was closed. Chair M. Sharman asked the Board if there was any further questions. Being none Chair M. Sharman asked the Board to go through the area variance criteria: 1. Will an undesirable change be produced in the character of the neighborhood or will a determent to nearby properties be created by granting the variance? No 2. Can the benefit be sought by the applicant be achieved by some feasible method other than a variance? No 3. Is the variance substantial? Yes 4. Will the proposed variance have an adverse effect of impact on the physical or environmental conditions in the neighborhood? No 5. Is the alleged difficulty self-created? Yes Chair M. Sharman asked the Board for a motion. M/2/C (G. Cole/B. Weber) to approve proposal
for a rear setback as presented. (3) Christopher & Mary Willoughby 4511 East Lake Road, Livonia, NY CEO A. Backus read the Public Notice: PLEASE TAKE NOTICE that the will hold a public hearing on Monday July 18th, 2016 at 7 p.m. at the Livonia Town Hall, 35 Commercial Street, Livonia, New York to consider the application of Christopher & Mary Willoughby for an area variance pursuant to Section 150-17C of the Zoning Code Of Livonia. An area variance is requested for a proposed addition which will violate the north side setback requirements according to Section 150-31G (2) Minimum required side setbacks shall be Side: 15 feet. The variance is also requested for the expansion of a non-conforming buildings which violates Section 150-70A (2) no nonconforming building shall be enlarged, extended or increased. This property is located at 4511 East Lake Road Livonia, New York and is zoned Neighborhood Residential District (NR). The application is on file in the Building Zoning Department in the Livonia Town Hall, 35 Commercial Street, Livonia, New York, for public review. All interested parties will be heard at this time. CEO A. Backus polled the Board for site visits: Chair P. Nilsson: Excused R. Bergin: Excused G. Cole: Yes M. Sharman: Yes B. Weber: Yes Chair M. Sharman asked the person representing Christopher & Mary Willoughby 4511 East Lake Road to come forward and address the Board and explain what they are proposing to do. Christopher Willoughby and his Architect, Art Renauto came forward to explain their proposal. The Willoughby s would like to build an addition on to the existing dwelling. They are requesting a variance for the proposed addition would violate the North side setback. A. Renauto explained his calculations providing elevations and new floor plans. They will be removing everything down to the top of the existing foundation and constructing new foundation walls and reframing the existing structure adding a second story on a portion of it. B. Weber asked for clarification on the foundation. A. Renauto stated that they will be adding a new foundation and crawl space onto to the existing foundation on the east side of the structure. A. Backus clarified that the setback was 7.66 from the North property line south. Chair M. Sharman confirmed that this will now be a two story home. B. Weber stated that this was requiring a variance of approximately 1-1/2 from the North property line. A. Backus confirmed and stated that the original plans were just to be a remodel not a total tear down. C. Willoughby confirmed that the plans have evolved over time as it became apparent to replace everything down to the foundation. Being a typical cottage, there were sections of the foundation that were repaired over the years and not built up to code. A. Renauto stated that the current ceiling height was only 7 which was contrary to building code requirements of 8. In order to achieve a 8 ceiling, a new foundation was required as the old foundation and framing are inadequate for the new addition. B. Weber 3
stated that with the whole new structure being built, that the issue of non-conforming expansion goes away. He asked A. Renauto if he was comfortable with the existing foundation. A. Renauto stated that at this time yes, he is comfortable with the existing foundation. He stated that he had successfully completed a similar project on a nearby lake using the same concept. Chair M. Shaman confirmed that they are staying within the same footprint with a bump out on the east side. G. Cole confirmed that this variance is now only for the North side setback, not the expansion of nonconforming use. B. Weber confirmed that it s just for the Northside setback.. Chair M. Sharman stated that there were letters on file from the neighbors supporting the Willoughby s request. Phil & Alaina Visalli and Stephen Sheflin. Chair M. Sharman asked the Board for further comments and opened up the meeting to the public. With no response, the public hearing portion was closed. Chair M. Sharman asked the Board to go through the area variance criteria: 1. Will an undesirable change be produced in the character of the neighborhood or will a determent to nearby properties be created by granting the variance? No 2. Can the benefit be sought by the applicant be achieved by some feasible method other than a variance? No 3. Is the variance substantial? Yes 4. Will the proposed variance have an adverse effect of impact on the physical or environmental conditions in the neighborhood? No 5. Is the alleged difficulty self-created? Yes Chair M. Sharman asked the Board for a motion. M/2/C (B. Weber/G. Cole) to approve proposal for a North side setback as presented. (4) Thomas Lockwood 5750 McPherson Point, Livonia, NY. CEO A. Backus read the Public Notice: PLEASE TAKE NOTICE that the will hold a public hearing on Monday July 18th, 2016 at 7 p.m. at the Livonia Town Hall, 35 Commercial Street, Livonia, New York to consider the application of Thomas Lockwood for an area variance pursuant to Section 150-17C of the Zoning Code Of Livonia. An area variance is requested for a proposed Shed which will violate the front setback requirements according to Section 150-31G (1) which states front setback shall be 50 feet, including all yards of a corner or through lot which fronts on an improved street. This property is located at 5750 McPherson Point, Livonia, New York and is zoned Neighborhood Residential District (NR). The application is on file in the Building Zoning Department in the Livonia 4
5 Town Hall, 35 Commercial Street, Livonia, New York, for public review. All interested parties will be heard at this time. Chair M. Sharman asked Mr. Thomas Lockwood to come forward and explain to the Board his request. T. Lockwood stated that he is asking for a front side setback variance to build a 24 X 24 shed. It will have a wood floor and be raised on piers because it is in a flood zone. There will be nine piers 8 in diameter, which totals an area of 3.14 square feet that he will be taking away from the ground. It will have a gas and electric feed and a garage door. Chair M. Sharman asked the Board for comments. A. Backus stated that this case did go before the County Planning Board and provided the Board members with the letter from that meeting dated July 15, 2016. G. Cole asked CEO A. Backus to comment his thoughts regarding the letter. A. Backus stated that there are concerns about building in a flood zone. In his opinion, using the piers for elevation will not change the direction of water flow. The roof water displacement has been addressed with stone trenches beneath. Any of the agencies that were involved, including the County Planning Board, impressions were that it was difficult to recommend building anything in a flood plain. In this situation, there is not anything that specifically stands out for the County to recommend against it. Because of the history of this location, everyone is very cautious and would recommend proceeding with extra caution. A. Backus also stated for the record that one of the neighbors, Barb Giehl of 5746 McPherson Point did contact Building and Zoning to state that they do not have any concerns about the proposal as long as it doesn t affect the flood zone waters. Chair M. Sharman asked for clarification on the total clearance. T. Lockwood stated that the clearance was to be 18. A. Backus stated that Mr. Lockwood is aware that he will have to be elevated above flood plain, a minimum of 24. Because it is on piers, it would be the bottom of the floor at the 823 delineation mark. T. Lockwood confirmed that he has no plans to put in a ramp for the door or have a driveway. He plans to have a stairway for the entrance on the south side. Chair M. Sharman opened the meeting to the public for anyone who wished to comment or had any questions to please state their name and address for the public record. There were three neighbors who voiced their concerns about the flooding and wanted to make sure that Mr. Lockwood s proposal was not going to affect the flow of the flood water to affect their properties. They were concerned with debris getting caught on the piers and diverting the water to their properties. Sue Chang 5754 Mc Person Point, Jessica Patel 5752 McPherson Point and Christopher Smith 5744 McPherson Point. M. Sharman offered Mr. Lockwood s rendering for their review. A. Backus wanted to clarify the concern with the water drainage coming from the roof. An Engineer has designed the gutters to discharge water into stone drainage trenches. This will allow the water to leach out at its own pace and not come out in a concentrated manner where it would cause an adverse effect. G. Cole asked for documentation from the Engineer that the proposal was not going to adversely affect the area based on her design. T. Lockwood did not have documentation with him, he stated that he only has correspondence/conversation regarding the proposal but nothing on official letterhead. She was onsite and this was her solution which A. Backus confirmed. B. Weber asked if the parcel was a approved building lot. A. Backus confirmed that yes it was an approved building lot and as long as they could provide an approved drainage plan, they could build on
the lot. B. Weber stated that if Mr. Lockwood met the setback requirements, he would not be required to come before this Board for an approval to build. The parcel is an approved building lot which meets today s standards. A. Backus pointed out the fact that Section 150-69, Land Conservation, provides regulations which may be referenced and sent to the Joint Planning Board for review. Land Conservation Section 150-60D 6 (b) & (c) specify specific setback and buffer regulations, however, this application has already been reviewed by the County Planning Board, FEMA Floodplain Manager, Army Corps and DEC, as well as a private engineer. A. Backus believes that further review by the Livonia Joint Planning Board is not necessary but is open to any suggestions or recommendations. A. Backus wanted to make sure that Mr. Lockwood was aware what we are asking from his Engineer to provide. He also wanted to make sure that she was aware of the neighbors concerns so they could be addressed. Chair M. Sharman stated that the neighbors concerns were that they wanted clarification on the drainage coming off from the roof and possible damming of debris getting caught on the piers, diverting the water to other properties. Chair M. Sharman asked the Board for any further discussion. Chair M. Sharman asked the Board for a motion to table the discussion until the August 15, 2016 Zoning Board Meeting to provide Mr. Lockwood time for further review and to obtain a letter from Pinewoods Engineering, Sara Gilbert. Motion to table: M/2/C (B. Weber/G. Cole) Chair M. Sharman asked if there is any further discussion by the Board. Chair M. Sharman asked for a motion to adjourn the Livonia Joint Zoning Board Meeting at 8:12 pm. M/2/C (G. Cole/B. Weber) Motion carried: 3 to 0 Respectfully submitted, Alison Houk Recording Secretary 6