TOWN OF ESOPUS ZONING BOARD OF APPEALS

Minutes of February 16, 2010 Meeting

Chairman, Don Cole, called the meeting to order at 7:35 p.m.

PLEDGE OF ALLEGIANCE

ROLL CALL
Present:  Vic Barranca, Joe Guido, Rob Hare, and Chairman, Don Cole
Excused:  Kathy Kiernan, Linda Smythe, and Karl Wick

MINUTES
Vic made a motion to approve the minutes of the January 19, 2010 meeting as written.  Seconded by Rob.   All in favor.

VOUCHERS
Vic made a motion to approve the voucher for secretarial work.  Seconded by Rob.  All in favor.

INFORMATIONAL
No new applications.   
                                     
PUBLIC HEARING

01-19-10-01                                         Alexander Zabik

                                                             25 & 29 Flats View Court                Area Variance

Chairman, Cole opened the public hearing and noted that no members of the public were present and applicant was in attendance.

Mr. Zabik provided a diagram of the proposed addition to garage and its location on his property.  Joe asked applicant how far off the lot line the garage would be.  Applicant stated that instead of calling it a “proposed addition” he should call it a “contemplated idea” at this point.  He said the garage’s additional space will be 15 feet wide, so that would make it 25 feet off the property line.

Joe asked for clarification that the garage was existing and applicant was adding on to garage. Applicant answered, “yes.” 

Rob asked what the setback was to the property line.   Mr. Zabik stated that if and when he decides to build the addition, he will need to go before the building inspector who will tell him if he can build the addition as his plans indicate at that time.   Joe said that the board would like to avoid having applicant have to appear before them again.   Rob mentioned that it would save them all a few months.   After reviewing the drawings, it was determined that there was 5.5 feet between the existing garage and the back property line.  Applicant stated that was how it was when he bought the property.

Rob stated that if applicant doubles the width of the garage, he will be down to 25 feet as the side setback.    Joe noted that the setback for a detached garage is only five feet from the property lines.  If it was attached to the house, the setback becomes the same as the house:  30 feet from side property line.   Mr. Zabik pointed out that after his approval for the lot line revision, he will have 44 feet from the side property line and if he takes 15 of that for this addition, he will still have 29 feet as the side setback.

Applicant mentioned that he may just rehab the garage next store and use that.  He needs room to restore a Model A Ford and his current garage is not big enough.

It was agreed that since the side setback is only 5 feet, there is no reason to mention a required distance from garage to property line in the variance language.  Chairman, Cole stated that they will leave it in the hands of the building inspector when applicant goes for permit.

Joe asked if Mr. Zabik had had a survey done for the lot line revision.  Applicant answered yes and provided one for the file. 

Joe asked applicant what he was planning to do with the other property – the property that he was taking the land from.  Mr. Zabik answered that he has no specific plans for it – possibly fixing the house up for a rental.  He may keep it to use the garage.

Joe stated that, had the applicant not already had a survey done, he would have asked that the lot line revision request be less than it was, but he would not make the applicant spend more money for another survey.  Rob agreed and noted that the revision is a minimal amount both ways and both lots are essentially non-conforming and it is not changing the non-conformance to a major extent.

Chairman Cole asked if the Board wanted to vote on this issue tonight.  Joe stated that he did not object to voting tonight, but wanted the applicant to be aware that, since a majority is needed to pass, if one member votes “no,” it will not pass; but if applicant waits until there are more members present, the request might pass with one “no” vote.
 
Mr. Zabik asked if the Board voted tonight and the variance request did not pass, does that mean that it is dead or is there another hearing.   Chairman Cole answered that the issue would be dead, because the Board would be closing the Public Hearing, moving on to a Decisional and there would be a completed decision on the property.

Chairman Cole noted that there were four members present instead of the full board of seven.
He told applicant that it was up to him whether the Board voted on his request tonight or waited until next month’s meeting.  Mr. Zabik stated that he would like the Board to vote tonight.

The Board had no further questions or comments and Chairman Cole closed the public hearing at 7:50 p.m.

DECISIONAL
01-19-10-01                                                  Alexander Zabik
                                                                     25 & 29 Flats View Ct.                   Area Variance

Rob made a motion to grant a variance from Town of Esopus Zoning Ordinance Section 123-35 to allow a lot line change of 40 feet at the south end and zero feet at the north end of the applicant’s property as shown on the survey dated 12/03/09, Donald Brewer, surveyor.  Survey on file at the Building Department, Town of Esopus.

Motion seconded by Vic.

Chairman Cole stated that the Ulster County Planning Board had sent back its referral response as “no impact” regarding the Zabik application.

Vote:    Karl - Absent
             Rob – I vote in favor.  I see no substantial change in the lot sizes by this revision.
             Vic – I vote in favor.  I don’t see any impact that would infringe on the character of the neighborhood.  Obviously there were no concerns with the adjoining neighbors- they are not here.
            Don – I vote in favor for all the reasons that were stated.
            Kathy - Absent
            Joe – Because there are already two existing undersized lots, all the applicant is doing is moving the undersize from one to the other one a little bit more so I vote in favor.
            Linda - Absent

Chairman Cole told applicant that his variance request was granted and an approval letter will be mailed.

Chairman Cole asked the Board to read a complaint that was mailed to the Town Supervisor and the Zoning Board regarding a tractor trailer that was parked on Lakeview Terrace.  According to the letter, the owner/driver of the truck starts it up very early in the morning which disturbs the neighbors.  Don further stated that there is no law against it, since it is parked on the truck owner’s property, which is explained in the response letter from Supervisor, John Coutant.  There is nothing for the Zoning Board to do, Chairman Cole merely wanted to bring it the Board’s attention since the letter was sent to him.

Discussion followed on several incidents in the Town where commercial trucks are parked.
Written complaints to the Building Department will be followed up by the Building Inspector.

Vic asked if there were any classes coming up for Zoning Board members.  Chairman Cole and the secretary stated that nothing had come to their attention lately.  Vic asked if there might be some videos available for Board members to watch on their own or as a group for continuing education credit.  Joan will look into it. 

Joe made a motion to adjourn the meeting, seconded by Vic.  All in favor.
Meeting adjourned by Chairman Cole at 8:00 p.m.
 

Respectfully submitted,

Joan Boris, ZBA Secretary