Board of Adjustment Hearing

August 5, 2010


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


            Board of Adjustment members present were:

                        Darryl Brody, Chairperson

                        Tom Berkeley

                        Jack Hauser

                        Phyllis Newmark

                        Paul Mercurio


The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  Board Members Walter DeGrendele, Karen Koshak, and Terry Rosenstrauch were unable to attend.  The Chairman asked if everyone had an opportunity to view the property to which all stated they did.  The Chairperson asked Mrs. Schaper, the petitioner if she had objections to any of the Members of the Board of Adjustment comprising the quorum, to which she responded she did not.  After the meeting was called to order and protocol established, Mrs. Schaper was sworn in.


Darryl Brody read the Notice of Public Hearing for the first agenda item to expand an existing deck that will encroach into the side yard by 5'2" and a new set of stairs that will encroach 1'6" into the side yard.


            Linda Schaper introduced herself and stated her request.  She said the property was pie-shaped and ends in a pathway.  She would like to place columns at the end of the pathway.  The first column she is requesting would exceed the building line by 5' at the north end.  The last column slices through the building line.  A single fence post might encroach by as much as 3".  Also, the last block of the retaining wall might encroach by 3".  To clarify matters, Mr. Brody asked if anything would extend farther than 5' to which the petitioner responded it would not.  Mrs. Schaper said the pool would be enclosed according to the code with proper fencing and gates.


A call for proponents and opponents was made, to which there were none. 


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) three are, two are not, (2) four will, one will not, (3) five will, (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 retaining wall with two columns to encroach into the side yard with the following results:  Yeas: Berkeley, Brody, Hauser, Mercurio and Newmark.  There were no nays.


            The meeting was adjourned at 7:40 p.m.




                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley