Board of Adjustment Hearing

July 19, 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:

                        Jack Hauser, Acting Chairperson

                        Tom Berkeley

                        Walter DeGrendele

                        Phyllis Newmark

                        Paul Mercurio


The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  Chairman, Darryl Brody and Board Members Karen Koshak, and Terry Rosenstrauch were unable to attend.  The Acting Chairperson asked if everyone had an opportunity to view the properties to which all stated they did.  The Acting 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.  After the meeting was called to order and protocol established, the petitioners were sworn in.


Jack Hauser read the Notice of Public Hearing for the first agenda item to construct a library addition at the south side of the existing auditorium to encroach 27' beyond the 75' setback near Clayton Road.


Paul Brendan and Steve Smith with Glenn Construction were sworn in.  Mr. Brendan explained the he is the Principal of the architectural firm, Dado Works and has done a number of other projects for Rockwood School District including the Early Childhood Development Center in our city.  He described the bond issue in which Crestview and six other secondary schools have plans for library additions.  Lafayette and Summit just completed their new libraries.  He stated this is a way to bring new technology to these buildings.  These libraries require six-thousand (6,000) square feet and said the location they are requesting for Crestview is the best location to place this large structure.  He said brick and metal panels would be used to keep with the existing building and they are making it two stories at some areas of the new building to meld the existing two-story building together with this addition.


Paul Mercurio stated he attended high school at Lafayette (whose building is now Crestview) and his daughter attended middle school there so he is very familiar with the property.  He asked why they do not use the courtyard area for this new construction?  Steve Smith said there would be disruption to classroom activities with regard to ongoing construction if they used that courtyard area, which would be a major hardship to the student body and faculty.  He also mentioned they would have to relocate utilities, which presents a financial hardship.  Lastly, if they were to construct in that area, it would hamper ingress into the theater. 


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


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. 


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


The Acting Chairperson then called for a vote of approval/disapproval to grant the desired variance for the library addition at the south side of the existing auditorium to encroach 27' beyond the 75' setback near Clayton Road with the following results:  Yeas: Berkeley, DeGrendele, Hauser and Newmark.  Nays:  Mercurio.


The Acting Chairperson declared Rockwood School District's petition as being approved.  Jack Hauser then advised Mr. Brendan and Mr. Smith that the variance granted by the Board is based upon what took place tonight.  Any changes to the footprint will negate the variance that was granted at this meeting. 


Jack Hauser read the Agenda for the second item to construct a retaining wall with two columns that will encroach into the side yard by 5'0" at the north end and 1'8" for the south end.


            Mrs. Schaper introduced herself and thanked the Board for considering her petition.  She explained her desire to add a new walkway at the end of an existing deck's staircase and to replace an existing failing retaining wall.  She stated the pie-shaped lot as being the hardship.  She said the retaining walls would support a freestanding 20" gate to enclose her swim pool.


Mr. DeGrendele asked if there was any precedent to hearing this petition without it being duly posted to which Patrick Butler, City Attorney, said without this being posted - especially to the neighbors, it is technically out of compliance.


Mr. Jack Hauser suggested that Mrs. Schaper withdraw her petition for the time being until proper notice can be given.  Walter DeGrendele made a motion to schedule another meeting.  Phyllis Newmark seconded the motion.  A voice vote was taken with an affirmative result. 


            The meeting was adjourned at 8:10 p.m.




                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley