Board of Adjustment Hearing

March 25, 2010


The Clarkson Valley Board of Adjustment, pursuant to notices posted, met at City Hall in the Fru-Con Building to consider two agenda items.


            Board of Adjustment members present were:

                        Darryl Brody, Chairperson

                        Walter DeGrendele

                        Jack Hauser

                        Phyllis Newmark

                        Paul Mercurio


The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  Board Members Karen Koshak, Terry Rosenstrauch and Tom Berkeley were unable to attend.  The Chairman asked if everyone had an opportunity to view the properties to which all stated they did with the exception of Paul Mercurio who did not receive his packet.  The Chairman asked if either of the two petitioners objected that he was unable to visit the property and neither did.  After the meeting was called to order and protocol established, Mr. Boleski, who is the architect for the Carpenters and is representing them and Mr. Hood, who is the attorney for John Conboy and representing him were both sworn in.


The Chairperson asked the petitioners if they had objections to any of the Members of the Board of Adjustment comprising the quorum, to which they responded they did not.  Darryl Brody read the Notice of Public Hearing for the first agenda item to construct an additional one-car, side-entry garage extending 9’0” beyond the front building line. 


            Mr. Boleski introduced himself saying Mr. Carpenter was out of town and unable to attend in person.  He described the shape of the lot, which is located on a cul-de-sac and the problems encountered when attempting to add a third bay onto an existing two-car garage.  He said by sticking the garage out into the front yard 9’, it actually matches the lines of the front of the house where the master bedroom extends out.  The two bump-outs will then come together with a new covered front porch. 


A call for proponents and opponents was made, to which there were none.  There were no questions for the architect.


The City Attorney, Patrick Butler explained to the Board Members the intent of the zoning code and read the merits and conclusion portion contained therein. 


Darryl Brody asked the Members for their factual determination of the proposal for the addition, to which: question (1) four are, one is not, (2) four will, one will not, (3) four will, one will not, (4) five will not, (5) five will not, (6) five will. 


The Chairperson then called for a vote of approval/disapproval to grant the desired variance for the additional one-car, side-entry garage extending 9’0” beyond the front building line with the following results:  Yeas: Brody, DeGrendele, Hauser and Newmark.  Nays:  Mercurio. 


The Chairperson declared the Carpenter’s petition as being approved.  Darryl Brody then advised Mr. Boleski that the variance granted by the Board is based upon what took place tonight.  Any change will negate the variance that was granted at this meeting. 


Darryl Brody read the Notice of Public Hearing for the second agenda item to allow water feature that encroaches 33’ into the rear 50’ setback and the pond 25’ into the rear 50’ setback.


            Mr. Hood introduced himself saying Mr. Conboy was also out of town and unable to attend in person.  He said that Mr. Conboy could attend a subsequent hearing if it was not approved by the Board that he represents him. 


Mayor Douglass spoke regarding the petition, stating that he spoke with the trustees of Dunhill and the neighbor of Mr. Conboy.  He also explained the court has given Mr. Conboy a decision. 


Mr. Hood gave the history of the waterfall.  He related that Mr. Conboy originally went to his neighbors asking permission to construct the waterfall but Chesterfield Nursery unknowingly encroached onto their neighbor’s property and the neighbor (Hertel) also suffered property damage from a tractor.  Mr. Hertel was reimbursed for the property damage and the encroachments were removed from his property and that of the Konopelski’s property.  He further explained ensuing personality clashes. 


Mr. Hauser mentioned the Comment Letters in this packet dated 2006 and said it would be nice to have updated letters.  Mr. DeGrendele stated that at this time, this Board is ill-prepared to make a decision.  He would like the attorney for Mr. Conboy to explain why we are here and then he would like to hear Patrick Butler’s position from the City’s standpoint.  Further stating that he has never been put in a position like this before while serving on the Board.


Mr. Brody then went on record to say he can understand that Mr. Conboy and Chesterfield Landscaping both thought this was landscaping rather than a structure and as such, the project did not require a permit.  Mr. DeGrendele asked how it was decided that the waterfall feature was a structure, to which the response was from the Building Commissioner. 


The Board unanimously agreed to table the request until additional information is presented. 


            The meeting was adjourned at 8:15 p.m.




                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley