Board of Adjustment Hearing

December 17, 2009


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

                        Walter DeGrendele

                        Jack Hauser

                        Phyllis Newmark

                        Terry Rosenstrauch


The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  Board Members Karen Koshak, Paul Mercurio 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.  After the meeting was called to order and protocol established, Mrs. Jones was sworn in.


The Chairperson asked 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.  Darryl Brody read the Notice of Public Hearing for the agenda item to construct a cantilevered four-season room addition off the master bedroom at the southwest portion of a triangular lot which would encroach 6’ 0” beyond the rear setback.


            Mrs. Jones stated she and her husband just put in a hot tub and wanted to enclose it and use it off the master suite.  Walter DeGrendele stated the plans show an additional chimney as being there, but when he visited the property, he didn’t see one.  She said that is true.  The original house plans show a second fireplace that wasn’t built. 


Mr. Brody stated this as being a fairly straightforward request, however it is up to the petitioner to show hardship.  He further stated that if one merely wants to improve their house, that wouldn’t be considered a hardship.  Mrs. Jones said it was because of the shape of the lot. 


The City Clerk read the Architectural Review Board’s report, which was a late submittal and wasn’t included in the initial packet.  The ARB had no issues regarding the request, stating “the area is in an area lower than the yard to the south.  There is a big tree line between them and the neighbors directly behind them and the adjacent neighbors on the same court could not even see the posts for the addition.  OK by me.” 


Walter DeGrendele stated for the record, the room addition is exactly in the location as it is supposed to be but these may not be the real drawings because of the chimney. 


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.  Because there was no court reporter present, Mr. Butler stated that in the event this request is turned down, it would be necessary to hold a second hearing.  A voice vote was taken to determine if the city would charge Mrs. Jones another $300 if the request was in fact denied at this meeting and it was unanimously agreed there would be no charge to the petitioner.  The Chairperson also asked if the agenda should be amended to read “elevated”-cantilevered four-season room addition… to which everyone agreed.


Darryl Brody 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) five will. 


The Chairperson then called for a vote of approval/disapproval to grant the desired variance for the elevated-cantilevered four-season room addition off the master bedroom at the southwest portion of a triangular lot which would encroach 6’ 0” beyond the rear setback with the following results:  Yeas: Brody, DeGrendele, Hauser Newmark, and Rosenstrauch.  There were no nays. 


The Chairperson declared Mrs. Jones’s petition as stated on the amended Agenda as being approved.  Darryl Brody then advised Mrs. Jones 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.  Mrs. Jones then asked if she could build a deck and railing onto the addition, to which Mr. Brody explained she could do what was approved at tonight’s meeting – but no more than that. 


            The meeting was adjourned at 7:50 p.m.




                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley