Town of Esopus Zoning Board of Appeals
March 15, 2005 Minutes

The meeting was called to order at 7:30 p.m. by Chairman Don Cole. The Pledge to the Flag followed.

ROLL CALL

Present: Catherine Charuk, Don Cole, Darin DeKoskie, Rob Hare, Richard Wenzel, and Karl Wick.
Absent: Joe Guido

APPROVAL OF MINUTES

KARL WICK MADE A MOTION TO APPROVE THE MINUTES AS SUBMITTED. RICHARD WENZEL SECONDED. ALL PRESENT VOTED IN FAVOR.

APPROVAL OF VOUCHERS

One voucher for secretarial work for seven hours was submitted. CATHERINE CHARUK MADE A MOTION TO APPROVE THE VOUCHER. ROB HARE SECONDED. ALL PRESENT VOTED IN FAVOR.

INFORMATIONAL MEETING

No cases.

PUBLIC HEARING

Bunt, George  Case # 02-15-05-01

Mr. Cole asked if there was anyone from the public who had anything to say about this case. Harold Porter stated that he is a neighbor of the applicant and has known him for several years. They have jointly done some projects and the community road and everything has worked out well. He stated that he would be glad to have him up there. Mr. Cole asked where the applicantís property is that he wants to build on and Mr. Bunt answered that the white house is his and he wants to build up on the very top of the hill. He pointed out his property on the map. Mr. Hare stated that lot 8 has access to Route 9W. Mr. Bunt stated that it does but he would still access his house from the existing road into lot 7. He would not have good sight distance if he put a driveway out to 9W.

Mr. Cole asked why the lot shows as 70x95 on the tax description but it is 130 and 198. Mr. Bunt answered he doesnít really know but the dimensions are on a sheet that he has. Mr. Cole brought up the fact that he got into a discussion regarding this because the same thing happened on the Lamb case where the tax description was incorrect.
 
Mr. Wick asked if the applicant had found out when the lot was created. Mr. Bunt answered that he did not and the only thing that he found, and Mr. Terpening found it for him, is something that just shows the house when it was subdivided. It doesnít show the lot. Mr. Cole asked Mr. Wick if he was trying to find out if this was in before zoning because it had to be. It wouldnít show these lots before it was re-zoned as industrial.

Mr. Porter asked why this was zoned Light Industrial and Mr. Cole explained that the Town wanted to make it available for light industry from Cross Street to Union Center Road. The main parcel was the 37 acre parcel to the south of Mr. Buntís property that the Town hoped would be developed. This property where Mr. Bunt proposes to put his house in mostly residential now and none of it would be conducive to light industry. Mr. Cole stated that a precedent had been set when this Board allowed construction of a residence on that 37 acre parcel. There were no further questions and Mr. Cole polled the Board to see if the members would be comfortable voting on this tonight. The public hearing was closed.

DECISIONAL MEETING

Bunt, George  Case #02-15-05-01

RICHARD WENZEL MADE A MOTION THAT A USE VARIANCE BE GRANTED TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON PROPERTY IDENTIFIED AS TAX MAP NUMBER 63.04-4-8 LOCATED IN THE LIGHT INDUSTRIAL ZONE. KARL WICK SECONDED. The vote was as follows:

KARL WICK - Iíll vote in favor. I understand why the Light Industrial District was created. It certainly does not change the character of that neighborhood. I donít think the site itself, because itís part of being size, really lends itself to industry. So this will be no detriment to the bigger use permit program.

DARIN DeKOSKIE - Iím going to abstain.

ROB HARE - Iíll vote in favor. The surrounding area is already developed as residential contrary to the Light Industrial designation. I see no detriment to the neighbors.

DON COLE - Iím going to vote in favor of it. A precedent has already been set there as far as Iím concerned. A residential building could be built in that specific area because there are pretty near all residential except for that Cracker Barrel down the bottom of the hill which is on very level land. The rest of the land is very steep and would not take a commercial building too easily. So I vote in favor of it.

CATHERINE CHARUK - I also vote in favor of it. I donít know that the owner has shown that thereís a hardship or actually met any of the other criteria we have for a use variance but I do agree that itís very unlikely that any light industry is going to plunk itself down on less than an acre of very steep land in an area thatís already developed residentially. So I donít see any point in holding it out as the Light Industrial Zone was created. So for that reason I vote in favor.

RICHARD WENZEL - I vote in favor because I feel itís already a residential area. I drove up in there and I looked around and I looked at this particular lot and I didnít feel it could be developed into light industry. And thereís not going to be any change in the character of anything in the neighborhood and to get a return on that lot heís got to put a home of some kind there because I didnít think itíd be suitable for light industrial.

Motion carried 5-0, one abstention.

OTHER BUSINESS

Rob Hare presented a handout from the Zoning Review Committee which included 20 items for revision in the Town of Esopus Zoning Law. There were also four items which are not currently not in Chapter 123, Zoning. Fee schedule changes were also included. A copy of this document was presented to the Town Board and should be on file with that Board. A copy is also in the 2005 Zoning Board of Appeals correspondence. Nothing of any real substance has been changed. He then proceeded to read and explain the items on the list.

RICHARD WENZEL MADE A MOTION TO ADJOURN. KARL WICK SECONDED. ALL PRESENT VOTED IN FAVOR. Meeting adjourned 8:25 p.m.

Respectfully submitted,

Kathleen Kiernan
Secretary