TOWN OF ESOPUS ZONING BOARD OF APPEALS
Minutes of the January 19, 2010 Meeting
Chairman, Don Cole, called the meeting to order at 7:25 p.m.
PLEDGE OF ALLEGIANCE
Present: Vic Barranca, Joe Guido, Rob Hare, Kathy Kiernan, Linda Smythe, and Chairman, Don Cole
Excused: Karl Wick
Vic made a motion to approve the minutes of the December 15, 2009 meeting as written. Seconded by Rob. All in favor.
Joe made a motion to approve the voucher for secretarial work. Seconded by Vic. All in favor.
25 & 29 Flats View Ct. Area Variance
Chairman Cole asked Mr. Zabik to explain what he wanted to do. Applicant explained that he has two pieces of property that are adjacent to each other, separated by a single straight line 300 feet long. The area of both properties at the present time is 2 acres plus a little bit. He is requesting a lot line revision, moving the property line 40 feet westward adding .173 acres to lot #23 which is Mr. Zabik’s residence, and reducing the size of lot #24 by that same acreage. Lot 24 has a residence that is unoccupied at the present time. He further explained his reasons for this request: 1) He is aware of the 30 ft. side setback and he would like add to his garage space in the near future. Moving the lot line would allow him to enlarge his garage without another
variance. 2) He would like to create additional parking space.
Applicant stated that this has been non-conforming property for the last 50 years. He also mentioned that he has no neighbor concerns. The Lighthouse Bluff project is not moving forward so that property remains wooded and the property on the west side belongs to Thomas Cole who has no concerns over this request.
Joe pointed out that lot #24 has a house and a garage. Applicant agreed and stated that the property has been unoccupied for about four years.
Kathy asked if there was any possibility of acquiring any of the property now owned by Lighthouse Bluffs. Applicant stated that he had no interest in doing that – he already owns both properties in question, is not looking to move south – he is looking to add more space on the piece of property where he resides.
Joe asked applicant to bring to the Public Hearing next month a diagram showing how he is planning to enlarge the garage. Applicant stated that he doesn’t have plans yet, but he will sketch it in. Joe also would like to know where the expanded parking will be and how many parking spaces.
Rob wondered if applicant was moving the lot line far enough, leaving himself enough area for the western setback and not creating a new non-conformity. Applicant explained that he had considered this and he thinks that he has it covered.
Joe explained that it was the Board’s job to keep variances to a minimum so he wants to know how big the garage is going to be and how much of that area applicant actually needs. Applicant agreed that he will draw the proposed garage in for the next meeting, the Public Hearing.
Mr. Zabik stated that he is paying $200 for a public hearing which is of no concern to any of his neighbors. Rob stated that State statute mandates the Zoning Board have a public hearing. Applicant asked if there are any sub points in the law that offer exclusion. Rob explained that the best they can offer is that the Board will be able to grant the variance, if that is the decision of the Board, the same night as the Public Hearing. The Board cannot cut it any shorter than that.
Applicant reiterated that he will bring a sketch of the new garage and, in answer to Joe’s question, said that the structure is 16 feet wide now and he will probably add another 13-14 feet.
Next meeting is the Public Hearing on February 16, 2010, 7:30 pm.
The Board having no other business, Chairman Cole asked for a motion to adjourn the meeting. Vic made a motion to adjourn, seconded by Rob. All in favor. Meeting adjourned at 7:43 pm.
Joan Boris, ZBA Secretary