TOWN OF ESOPUS ZONING BOARD OF APPEALS
Minutes of the April 21, 2009 Meeting
Present: Don Cole, Chairman; Joseph Guido, Vic Barranca, Karl Wick, Linda Smythe, Rob Hare
Absent: Kathy Kiernan
Chairman Cole called the meeting to order at 7:30pm.
PLEDGE OF ALLEGIANCE
K. Wick made amendments as follows: Page 2; paragraph 1; typo – should read utilities; Page 3; paragraphs 3 and 10; typo – should read acres not areas.
A MOTION TO APPROVE THE MINUTES AS AMENDED WAS MADE BY VIC BARRANCA AND SECONDED BY ROB HARE. ALL IN FAVOR. NONE OPPOSED.
APPROVAL OF VOUCHERS
(NO VOUCHERS WERE SUBMITTED)
312 River Road, Ulster Park Use Variance
Cynthia McVay stated she had purchased 83 acres in 2000. The property has an existing residence approximately 1,300 square feet. She purchased an old barn originally intended for use as a studio, but is now requesting to use the converted barn as the primary residence, and turn the small house into a caretaker’s residence.
Don Cole said the caretaker’s house was oversized. Rob Hare said if it was for a caretaker, it would need a variance. Cynthia McVay said the barn was approximately 4,200 sqiare feet. She said she was an artist and that parts of the barn would be used as her studio. Some of her pieces are large and she needs the room. Don Cole asked that each of the Board members visit the site, and remarked that the barn was magnificent. He warned that the access road was rough. Cynthia McVay said the barn was accessible through the double doors.
Joe Guido asked what the square footage was of the accessory building. Rob Hare felt that it would be necessary for the Board to give McVay a variance, but would like to see the property remained whole. As long as she continued with her artwork, and didn’t open the building up for sales of her artwork it wasn’t commercial. Joe Guido felt that the caretaker’s building would have to be addressed because it was larger than 800 square feet. He also felt that the building inspector should approve the barn as a residence. Rob Hare asked Cynthia McVay if the barn was being inspected as a living space. Cynthia McVay said yes.
Don Cole agreed that Cynthia McVay should be asking for a variance for a residence with an oversized accessory building. He asked her to speak to Tim Keefe, the Town Building Inspector for the permit, and told her a public hearing would be scheduled for next month.
02-17-09-01 Castrucci Paul and DeDominicis, Marisa, Owners
232 River Road, Ulster Park Area Variance
Don Cole asked the Board if there was any further information they needed from Paul Castrucci. Joe Guido remarked that he wanted to hear any comments from the County. He felt that if a variance was approved, that there should be a condition included that the property not be subdivided. Karl Wick said the property wasn’t large enough to subdivide. It has to have at least 2.9 acres on each lot. Mr. Castrucci said the property was just over four acres. He said one lot was approximately 2.2945 acres. Rob Hare said the map showed 4.589 total acres. Karl Wick noted that the acreage was just under the 200,000 square feet required to subdivide. Joe Guido was concerned that the applicants may try to put up another house. Pau Castrucci said he was seriously considering subdividing since the taxes had gone up so much. Ms. DeDominici’s said the cost of the renovations were higher than they had planned on for the existing farmhouse. They had hoped that they could sustain the open field.
Don Cole asked how many square feet the structures took up. Rob Hare noted that the buildings appeared to be fifteen feet apart. Casstrucci noted that both buildings would be on one parcel if subdivided. Don Cole said the variance request was for an oversized accessory building. Mr. Casstrucci said the buildings were similar in size to others in the neighborhood.
A MOTION WAS MADE BY KARL WICK AND SECONDED BY VIC BARRANCA THAT A VARIANCE BE APPROVED FOR AN OVERSIZED ACCESSORY BUILDING AS NOTED ON THE MAP PROVIDED AND DATED JANUARY 2, 1979.
Don Cole voted yes.
Linda Smythe voted yes.
Joe Guido voted no because he would like to see a stipulation included in the variance approval that the property may not be subdivided.
Vic Barranca voted yes.
Hare voted yes because there is a pre-existing condition.
Karl Wick voted yes based on the pre-existing condition, and asked that the applicants be required to come before the Town if they want to subdivide.
The Variance was approved.
195 Broadway, Port Ewen Area Variance.
Don Cole said that a revote was needed on the Stewart’s application. Karl Wick said that it would have to be re-advertised, and another public hearing would have to be held. Rob Hare asked if the County would be okay with the ZBA not re-voting on this application. Karl Wick noted that the County recommended the ZBA re-vote; it was not mandated. Don Cole said the County held up the process. Karl Wick remarked that the County was concerned about an Article 78 being filed. Don Cole didn’t feel that was going to happen.
A MOTION WAS MADE BY JOSEPH GUIDO AND SECONDED BY LINDA SMYTHE THAT IT WAS THE CONSENSUS OF THE ZONING BOARD OF APPEALS THAT THE CONCERNS LISTED BY THE COUNTY WERE ALREADY ADDRESSED, AND THAT BY A POLL OF THE BOARD THE ORIGINAL DECISION WAS UNANIMOUSLY UPHELD, AND THE ORIGINAL VOTE WAS DONE PROPERLY. ALL IN FAVOR. NONE OPPOSED.
Don Cole noted that the referral for Mr. Castrucci was received back from the County, and there was no adverse impact. He said that a referral for Cynthia McVay should be forwarded to the County. Joe Guido said they should wait until Cynthia McVay got the information back from the building inspector.
Don Cole advised the Board that there was a County seminar being held on April 28th and that anyone interested should call to reserve a seat.
A MOTION WAS MADE TO ADJOURN THE APRIL MEETING OF THE ZONING BOARD OF APPEALS BY VIC BARRANCA AND SECONDED BY JOSEPH GUIDO. ALL IN FAVOR. NONE OPPOSED.