Zoning Board Minutes - December 6, 2004

Chairman Hansen called the December 6, 2004 meeting to order at 7:30 p.m. with the following members present:

Mr. Allan Tedrow, Vice-Chairman Mr. John Ouimet
Mr. Richard Drake

Mr. Rose was absent, Mr. Williams was absent

Mr. Drake made a motion to approve the minutes from the November 1, 2004 meeting with revisions. Mr. Tedrow seconded. Motion was carried.

Dana Kielty 185 Brookwood Road

Chairman Hansen opened the public hearing at 7:35 p.m. Mr. Gilbert VanGuilder was present representing Ms. Kielty. Mr. VanGuilder explained that Ms. Kielty is requesting an area variance of 27.3 ft. for her building setback line for the placement of her modular home. Ms. Kielty owned the house in the front, subdivided the land so she could build a new home and her daughter would occupy the home on Brookwood Road. Mr. VanGuilder explained to the Board that the original subdivision plan showed the building setback line off the driveway easement with the intent of the driveway becoming a town road one day and the house would therefore meet the setback. That plan was just a concept and was never really used again. A new subdivision plan was shown to the Board, which required a variance for the flag lot, which was approved However, a miscommunication took place between the landowner and the builder and the wrong map was used for the placement of the foundation. The bilco door is 27.3 ft. from the property line.

Chairman asked if anyone from the public would like to speak. No one replied. The public hearing was closed at 7:40 p.m.

Mr. Tedrow commented that the Ordinance states that the front yard setback is facing the road.

Chairman Hansen commented that usually a flag lot is orientated toward the road.



Mr. VanGuilder commented that the subdivision was approved in 2000 with the frontage on the easterly side of the driveway facing the driveway. The neighbor owning the vacant land has been approached to purchase and build on the vacant land but the closest utility is Stage Run, which is over 2 miles away. If the development moved forward the driveway easement would be the town road and they would not require the variance. The 27.3 ft. would be the side yard.

Chairman Hansen commented to the Board that the request has enough separation or we could request that the foundation be demolished and rebuilt or we would request the property line be changed and request another subdivision. Mr. Tedrow commented that there is a 150 ft. separation between the two homes family owns them and he didn’t see a problem with it.

Motion was made by Mr. Tedrow and was seconded by Mr. Ouimet for the variance request. Motion was carried.

Mary Moss 32 Plank Road

Chairman Hansen opened the public hearing at 7:45 p.m. Mr. Gilbert VanGuilder was present representing Ms. Moss for an area variance making the lot width 144 ft. The required frontage is 150 ft. Mrs. Moss created the subdivision last year to build a new house for herself and sell her older home. Because of land constraints the home had to be built on the easterly side of the land. After the new home was built Ms. Moss found it difficult to have access to her backyard and wanted to change the lot line to allow her to do that. By changing the frontage it would make both lots more conforming to each other.

If the request is granted modifications will be made to the driveway allowing access to the rear of the property and would then convey the older home to the new property owner.

Board commented that both lots meet all other requirements except for the frontage and they didn’t see a major concern with the request.

Motion was made by Mr. Drake and was seconded by Mr. Tedrow. Motion carried.


Motion made by Mr. Ouimet and seconded by Mr. Tedrow to adjourn the meeting at 8:02 p.m.


Board members discussed the January 27, 2005 class being held by Saratoga County Planning Board and the certification for the Board and its Members. The conference will be held at the Prime Hotel in Saratoga Springs where six workshops will be offered by NY Department of State, DEC and others. The Secretary has arranged for the members to all attend and will remind the Board prior the workshop date.

Respectively submitted,

Denise Mikol, Secretary
Town of Halfmoon Zoning Board of Appeals