Town of Esopus Zoning Board of Appeals
JANUARY 15, 2008
The meeting of the Zoning Board of Appeals of the Town of Esopus was called to order at 7:30 p.m. by Chairman Don Cole.
The Pledge to the Flag followed.
Present: Don Cole, Chairman, Karl Wick, Vic Barranca, Rob Hare, Kathy Kiernan Joe, Guido, and Linda Smythe.
APPROVAL OF MINUTES
VIC BARRANCA MADE A MOTION TO APPROVE THE MINUTES AS WRITTEN. DON COLE SECONDED. ALL PRESENT VOTED IN FAVOR.
APPROVAL OF VOUCHERS
JOE GUIDO MADE A MOTION TO APPROVE THE VOUCHER FOR SECRETARIAL WORK. KATHY KIERNAN SECONDED. ALL IN FAVOR.
DON COLE CALLED FOR A MOTION TO APPROVE THE VOUCHER IN THE AMOUNT OF $20.00 FOR THE SCHOOLING THAT KATHY KIERNAN ATTENDED. JOE GUIDO MADE THE MOTION. VIC BARRANCA SECONDED. ALL IN FAVOR.
JOSEPH STOPCZNSKI CASE # 12-18-07-01
Mr. Stopcznski son appeared for him. He explained that he had a discussion with his father he wants the opportunity to include a roof over a breezeway, sort to speak. He would like to keep the option open. He is considering the idea of having a covered roof between the garage and the home. Don Cole asked if that was the only change. The size of the garage will remain the same, 28 x 24. The walkway will remain the same. The only change is the roof over it. Don Cole stated that with the roof over it, it will be all one building. Yes, although it will be under a roof, yet the breezeway will simply be no door in front, and it is like a pavilion in the back. Just to keep himself out of the snow. Don Cole there are rules and regulations in the zoning and we must put this past the Building Inspector to make sure that there are no problems with it. The only thing with the roof over it fire could go from one building to another pretty quick. Maybe we should run this by the Building Inspector.
Joe Guido asked if there were diagrams. Mr. Stopcznski stated that they were very basic. Did you get the measurements we asked for? Mr. Stopcznski replied that honestly he did not know what measurements were asked of his father. He had the basic property lay out, which was submitted last month. A drawing showing the roof lay over the top.
Don Cole asked Joe Guido just what he had asked for.
Joe Guido stated that we needed to know how far he was going to be from the lot lines. He had roughly 4 to 8 feet. Joe stated that he would like a copy of what they want to do because he does not know where we are right now, there are three different proposals and now a fourth one. Did you show the new plans to the Building Inspector so that he knows if there are any issued involved? Not to my knowledge.
Don Cole told Mr. Stopcznski that this new proposal will have to go before the Building Inspector before we can go any further. Go to the Building Inspector tell him what you want to do specifically, lay it out on a piece of paper so that he knows what is going on and then when you come back to us we will know what we are looking at.
So the Buildng Inspector will advise me of what type of drawing I will need? Joe Guido told him yes. You will need measurements, you need to know how far you are going to be from the property line, how much of a variance you will need. When you go to the Buildng Inspector with specific plans he will tell you what your violations are. Mr. Stopcznski said OK, and then he will advise me. He will send you back to us and then we will know what issues we are talking about. Right now we do not know the actural coverage because we don’t know how the Building Inspector is going to interrupt that roof, as part of the coverage or not, will effect the square footage of the property and the coverage and how far off the boundry line you will actually be. At least within 3 or 4 inches of the property line. He will also tell you where you need fire doors, and what else you will need.
Rob Hare told Mr. Stopcznski that the Building Inspector, Tim Keefe, will tell us what code the Board needs to be addressed. OK. It is really important for us to know the distance from the side of the building to the side lot line because to grant a variance we have to know what that is.
Joe Guido stated that when your father was here he did not know where the garage was going to be, in the front of the house to the side of the house. All that plays into it.
I know, we tossed around a number of ideas and he is still unclear of exactly what he wants.
Joe explained that you can go to the Buildng Inspector with two different ideas, as long as they are clear. Right now you have the garage floating around in the yard, it is attached, unattached? I understand. The next time I will be able to present this to the Board will be,
February 12th, 2008. Don Cole asked Mr. Stopcznski to come back on the 12th, and we will have paperwork from the Building Inspector on this. He will let us know what the situation is, what has to be covered as far as the Zoning is concerned.
SHAH, DUSHYANT K. CASE # 08-21-07-03
Don Cole asked the Board of they all got a letter in the mail from William Brinnier – Dr. Shah? He is withdrawing the Variance application from this Board because he is in the process of buying the property that he was asked to buy. Therefore, he does not need the variance. He is in contract with Scenic Hudson, or the owner of the property, I do not know who the owner is. He bought a twenty-five foot strip and he bought the right-of-way.
Joe Guido questioned if that was all the Board received. Don Cole told him yes, from William Brinnier who came before the Board. Joe stated that he would like to make a motion to close the public hearing and withdraw but I can’t do that unless I know that this if from the people that it is suppose to be from – notarized or something. Well, Don Cole said, Brinnier was the architect and planner who was here on behalf of Dr. Shah. Joe said, but they did not bring it in themselves, they only mailed it. OK, so in other words you want a guarantee that it is proper. Don Cole asked the secretary if she would call Mr. Brinnier and ask him to bring in a notarized letter withdrawing the application. Joe said then if this letter is authenticated we will allow them to withdraw their application and close it.
Karl Wick pointed that the original appeal was signed by Brinnier as his agent, but it was never notarized.
Don Cole said we will have him come in and notarize a letter. Once that is done then we will finalize this.
Joe Guido suggested we vote on it tonight pending the letter. Alright, if that is the way you want it to read.
JOE GUIDO MADE A MOTION THAT WE CLOSE THE PUBLIC HEARING AND ALLOW THE WITHDRAWAL OF THE APPLICATION ONCE THE LETTER, THAT CAME FROM WILLIAM BRINNIER, IS CERTIFIED. KARL WICK SECONDED. ALL IN FAVOR.
DONALD VANDERFIN CASE 12-18-07-02
Don Cole stated that Mr. Vanderfin was here for a front yard variance. Mr. Vanderfin stated that he owns a piece of property at 39 Cottage Court, off of Floyd Ackert Road. It is currently a vacant piece of property and he intends to build a single family home on this property. He has submitted his plans to the Building Department and it does require a front yard variance.
Karl Wick asked if he brought anything from the Title Company. Yes, he did bring it in and gave it to Nancy the next day. The Building Inspector looked at it and agreed that we would require a variance. Don Cole stated that he spoke to the Building Inspector. A front yard measurement is required from an abutting right of way or street line except that a street right of way is less then 50 feet then it requires that the front yard be measured from a line 25 feet from the ………………..to the abutting street parcel
Don Cole told the Board members that prior to the next meeting you will get this in detail from the Building Inspector. This is a requirement because there is more than one parcel on the right of way. It will be in writing and you will all get it so that at the next meeting you will know what to expect.
Kathy Kiernan explained that she was not here last month and asked Mr. Vanderfin to explain where the property is and where the right of way or…,yes it is a right of way. Mr. Vanderfin explained that this is Cottage Court, off Floyd Ackert Road. Mr. Vanderfin showed Kathy where the house is to be built. This is the right of way(referring to the map) that is being referred to in the conversation and it goes across my property and up to the top. There is not 40 feet to this right of way. It is about 19 feet and it should be forty. Because of the topography I am proposing to build at the top.
Joe Guido asked if they could go look at it and if Mr. Vanderfin wanted to be notified a head of time. No, go any time. It is marked out, yes, it is all marked out with pipe and I think flags. Where the house is, is that staked out? No, where the house is going is not staked out.
Again, Joe Guido clarified the right of way for which properties. Mr. Vanderfin stated this is the property in question and showed on the drawing which other properties he owns. Joe asked how many properties this right of way involved? Mr. Vanderfin stated that there is currently one being built. How many all together? Mr. Vanderfin stated, that depends on what this Board approves. There is a cabin on one of the other properties. How well traveled is this right of way going to be? How many properties are going to be fed off of this? Mr. Vanderfin, indicated on the map, stated this is Floyd Ackert Road, this is Cottage Court coming in, there is a house currently right here, another one here, there is a preacher from a church here, another gentleman here, a little cottage here, at #12 there is a gentleman building a house now. Number 14 is mine, where I propose to build, and 15 I own. Number 16 and 17 are little cottages. Joe Guido stated the TLC owns all around here. So there could be 11 off of Cottage Court, not the right of way. The right of way cuts up through my property up thru 14, 15, 16 and 17. It only cuts across 13 a little bit, maybe 2 or 3 feet.
Rob Hare asked if the house going into 13 would have access to it. Right, so that would be five off the right of way. That is right if anyone else builds.
Joe Guido asked, how wide is the right of way. Mr. Vanderfin stated that it is currently 10 feet and I know I have work do to. Joe asked what the deed said? Mr. Vanderfin stated that it did not specify. It says that everyone connected to that will have a right of access of that right of way.
Joe Guido asked what they based how much variance you will need off the front of that road if they do not know how wide the road is? Mr. Vanderfin could not answer that question.
Karl Wick asked what Mr. Vanderfin measured it against, the back stop? I measure it from the back of the property up to where…….Karl asked if he had a copy of the deed? Mr. Vanderfin stated he did not bring it, but he can get it. Did you want to take a look at this?
Joe Guido did not know how they judged how much variance is needed when you did not know how wide the road is. Who decides how wide that road has to be, that right of way?
It was to be 25 feet off the center of the road. Is that marked off where the road is? Mr. Vanderfin said there was no marker, but the road is traveled. It is very clear that it is a road. Joe stated you would need to measure 25 feet from the center of that and how far the house actually is off of that.
Don Cole asked if there were any other questions of this applicant or any other information he needs to bring.
Joe Guido was curious as to who would you get to let us know where that road should actually be. Because where it is might not be where it is deeded.
Karl Wick stated that there maybe a map of this, and also deed restrictions. If it is deed restrictions the Board cannot override that.
Don Cole suggested that the Board look at it closer in more detail. Mr. Vanderfin stated that it probably could be interpreted in two different ways, I am not sure if it is talking about that right of way or Cottage Court. I am about 280 feet from Cottage Court. Karl Wick stated that he noticed that all the other properties have frontage on Cottage Court.
Mr. Vanderfin stated that he guessed the clarification is specifically to this road that is a part of this whole equation. Does it refer to Cottage Court or this right of way?
Mr. Vanderfin asked who would interrupt the intent of this?
Don stated that he thought that there was only one other house on this right of way at this time, maybe two. Mr. Vanderfin would be the third. So, Don asked, why wasn’t the frontage on the other two properties a problem?
Joe stated one house was there already, and the other burned and was being replaced. They did not have to get any variances. They were all existing.
Karl stated when you build off Cottage Court you do not need a variance.
Mr. Vanderfin stated that he would need to go back and research the records and see if there is something … I have been to the Court House several times looking at various property around it and there really is nothing in detail on right of ways. It basically refers to Cottage Court as being a forever right of way access for the adjoining property owners. At one time there were people that actually were part of the school.
Karl Wick ….Cottage Court specifically? You might have to go back several generations. Actually this was back to 1908.
Karl Wick stated that in his opinion title searchers do not go back far enough.
JOE GUIDO MADE A MOTION TO KEEP THE PUBLIC HEARING OPEN. ROB HARE SECONDED. ALL IN FAVOR.
Karl Wick stated that the copy of the code excerpt that the Board was given by the Building Inspector was not in his book, presumable the Building Inspector’s Code is more up to date than the Boards. The Zoning Ordinance with updates will be copied and mailed to the Board members.
Joe Guido wondered, if Mr. Vanderfin is before us now, should he be before the Planning Board?
February meeting will be February 12, 2008.
DON COLE MADE A MOTION TO ADJOURN THE MEETING. VIC BARRANCE SECONDED. ALL IN FAVOR. Meeting was adjourned at 8:05 p.m.