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MinutesZBA

Minutes of meeting held May 25, 2010

Present: David Cooper, John Stelling, Sandy Haakonsen, Ann Pearce, Bill Wallace
Absent: Pat Liddle

Chairman David Cooper called the meeting to order at 7:00 p.m. with one person in the audience. Motion by Ann Pearce with 2nd by John Stelling to accept the April 27, 2010 minutes as submitted.

The Board had one file to consider, file #2010-1 by Susan Spelman, 285 Tunnel Hill Road, Canaan, for an area variance. David read Ms. Spelman’s letter of September 2, 2009 giving Clark Engineering permission to represent her. Clark’s surveyor Mr. Everett Quackenbush has been to the planning board requesting a boundary line adjustment on her behalf but the planning board would not make a decision without the ZBA approving an area variance.

David read Ms. Spelman’s letter of May 21, 2010 explaining her request. He reviewed her completed application and indicated that the appeal derives from the refusal of the planning board to approve a boundary line adjustment because of non-conformance to lot width. There is a completed SEQR short form; this is a listed Type II action and is considered a very minor application which won’t require further review. Standing is through the planning board’s denial to review until the ZBA reviews. A letter is on its way from Planning Board Chairman Ron Davis. David read the rest of the file and noted the two maps. Her letter spells out that she is asking for relief of seven feet. The maps are complete. Ms. Spelman is cognizant that this is messy. She earlier did a boundary line adjustment to get the trailer on property they owned. The porch is on a different parcel.
The two maps are needed to understand what is going on.

John Stelling said the zoning law doesn’t specify frontage but lot width at the minimum front yard setback. The lot width is shown on one of the maps at the setback line. Mr. Quackenbush indicates some iron rods as “found” and some as “existing” on the maps. His explanation is if something found in the field is 1/10 of a foot from the corner marker, it is labeled as existing; if not, it is “found.”

Motion by John Stelling to accept the file and set a hearing date of June 15, 2010 at 7:00 p.m. Second by Bill Wallace. All in favor. David discussed the process of notifying abutters with Mr. Quackenbush and advised the clerk would be sending him a letter of instruction. David Cooper will write a letter to the planning board advising them of the ZBA’s resolution.

Motion to adjourn by Ann Pearce with 2nd by John Stelling. Adjourned at 7:35 p.m. All in favor.

For the board,

Julie Alexander, Clerk

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