Town of Esopus Zoning Board of Appeals

July 17, 2001
 
 

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

ROLL CALL

Present: Steve Britton, Catherine Charuk (entered meeting 8:00 p.m.), Joseph Guido, Robert Martin, Peter McGowan, Richard Wenzel, and Karl Wick

APPROVAL OF MINUTES

STEVE BRITTON MADE A MOTION TO APPROVE THE MINUTES AS SUBMITTED. MOTION SECONDED BY KARL WICK. ALL PRESENT VOTED IN FAVOR. MOTION CARRIED 6-0.

APPROVAL OF VOUCHERS

A voucher for secretarial work for 10.75 hours and vouchers for Freeman public hearing notices for $33.47 were presented to the Board. A MOTION WAS MADE BY ROBERT MARTIN TO APPROVE THE VOUCHER. MOTION SECONDED BY STEVE BRITTON. ALL PRESENT VOTED IN FAVOR. MOTION CARRIED 6-0.

INFORMATIONAL MEETING

No cases.

SOURA, MICHAEL # 06-19-01-01

Mike Soura, the applicant, was present. He explained that he would like to put an addition on his house to use as a nail salon and he needs a variance because it would not meet any of the setback requirements. At the last meeting, he was asked to provide some measurements from the corners of his property to the existing house. From the edge of the pavement to the corner of the house the distance is 12' on the Ulster Avenue side. The house is 30' wide (across). It is 6' to the edge of the embankment and then it drops 8' to Route 9W and then 10' to the edge of the pavement on Route 9W.

John Caulfield of Pine Crest Acres, 181 Ulster Avenue was present because he received a letter notifying him of the public hearing. He wanted to know if any of the other neighbors had a problem with this. Mr. Soura advised that he had spoken to most of the other neighbors and they had no objections. Mr. Guido explained each of the variances being considered and Mr. Caulfield was satisfied with that. He asked if the variance would apply only to this addition or would it carry over to any other additions in the future. Mr. Guido explained that it is only for the work planned on this addition and not open ended.

Mr. Wick asked Mr. Soura if he had the square footage of the existing house. Mr. Soura answered that he didn’t bring that information but the house is 30' by 24' and two floors. Mr. Wick asked if he had considered any alternatives to having the addition on the property line and Mr. Soura stated that he could angle it 2' so it is off the 9W property line. Mr. Britton advised that he that what he would like to see is that the addition not be closer to the property line than the deck is and that is 3'. Mr. Soura said that he could tip it so it would be 3' from the property line and Mr. Britton asked how close it would then be to the pavement on Ulster Ave. Mr. Soura advised that it would be about 24' from the pavement. Mr. McGowan asked if anyone knew of any proposed expansion of either Ulster Avenue or Route 9W. Mr. Soura advised that as a member of the Esopus Business Association they had spoken to the State Department of Transportation and there are no plans to enlarge or change 9W at all.

There were no further questions. There was no action taken by the County Planning Board and a notice was received stating that if no word was received from them within 30 days of the receipt of the referral, the Board may consider the requirements completed and take action on the application. The 30 day period expired on July 6. Mr. Guido asked if the Board felt comfortable voting on the case this evening and Mr. McGowan answered that he did not. Mr. Martin stated that he would. Mr. Wick had a question on it being moved 3' closer to Ulster Avenue. Mr. Wenzel and Mr. Britton were set to vote. Mr. Martin made a motion to close the public hearing.

COOPER, DENNIS # 06-19-01-02

Mr. Dennis Cooper of 611 Old Post Road was present to explain that what he is planning to do is build a house behind the house that is presently on his property and live in the house while the new one is being built. After the new house is completed he will subdivide the property and move the old house to the new lot. He advised that he already started the subdivision proceedings with the planning board. Mr. Guido advised that this situation is similar to the ones previously before the Board where a trailer is left on the property while a house is being built. He advised Mr. Cooper that the escrow account that he establishes would probably be more than what is asked for when it is a trailer involved. Mr. Martin asked how much clearing would have to be done to move the house and Mr. Cooper advised that he will only have to take down two trees. The house will be moved on his property.

MR. WICK MADE A MOTION TO CLOSE THE PUBLIC HEARING. MOTION SECONDED BY BOB MARTIN. ALL PRESENT VOTED IN FAVOR.

Mr. Guido advised at this point that before going to the decisional portion of the meeting, Russ
Shultis from the planning board would like to address an issue that he has with one of the variances that was granted previously. Mr. Shultis stated that he needs clarification on a variance granted to George Prinz of Route 9W. The planning board is confused regarding the variance. Mr. Shultis presented an updated map that Mr. Prinz had given to the planning board. On the map, Mr. Prinz moved half of his proposed property line to the west. Mr. Shultis stated that the concern of the planning board is the future street. As he understands it, the road is not owned by the Town at this time but the Town can take it over at any time. Mr. Shultis stated that it is not specified in the variance how many square feet are required for the front lot. The surveyor took it to be 40,000 square feet. The code requires 52,500 if the business and residence are in two separate buildings. The members of the zoning board agreed that the variance was granted to move the line to make the lot legal and that would be 52,500 square feet. Mr. Guido also advised that the variance is contingent on the other piece of property being acquired.

DECISIONAL MEETING

STACCIO, MARYANNE CASE # 04-17-01-04

Ms. Charuk asked if anyone had called the Town’s attorney on this matter. Mr. Guido advised that the attorney had answered that what they were proposing to do was legal. Mr. Wick advised that the Kohns were present. Mr. Kohn stated that they are not selling the piece of property in question. Mrs. Kohn presented identification to be entered into the records. Mr. Guido advised that the Board still has to make a decision. MR. MARTIN MADE A MOTION TO DENY THE VARIANCE BECAUSE THE SITUATION NO LONGER EXISTS BASED ON A STATEMENT GIVEN BY THE PROPERLY IDENTIFIED OWNER OF THE PROPERTY IN QUESTION WHO SIGNIFIED THAT SHE HAS WITHDRAWN HER OFFER OF SALE. MOTION SECONDED BY KARL WICK. The vote was as follows:

RICHARD WENZEL - I’m in favor of the motion.

STEVE BRITTON - I agree.

BOB MARTIN - I’m in favor of the motion.

PETER MCGOWAN - I’m in favor of the motion.

CATHERINE CHARUK - I’m in favor of the motion. I never liked the idea anyway.

KARL WICK - I’m in favor of the motion.

JOSEPH GUIDO - I’m in favor also.

MOTION CARRIED 7-0.

Mr. Guido asked if the members of the Board were comfortable voting on the two cases that were on the agenda for public hearings tonight. Mr. Wick stated he was comfortable voting on both. Mr. McGowan and Ms. Charuk stated that they were not comfortable voting on the Soura case tonight so that case will be delayed until next month.

COOPER, DENNIS CASE # 06-19-01-02

MS. CHARUK MADE A MOTION TO GRANT A VARIANCE TO ALLOW TWO HOUSES ON ONE LOT WITH THE USUAL REQUIREMENT OF AN ACCOUNT IN ESCROW BEING ESTABLISHED WITH THE TOWN AND WITH THE PROVISO THAT THE RELOCATED HOUSE BE LOCATED A MINIMUM OF 100 FEET OFF OLD POST ROAD; WITH THE RELOCATION TO TAKE PLACE WITHIN 18 MONTHS, AND CONTINGENT UPON SUBDIVISION APPROVAL. MOTION SECONDED BY BOB MARTIN. The vote was as follows:

KARL WICK - I vote in favor of the motion.

PETER MCGOWAN - I vote in favor.

CATHERINE CHARUK - I vote in favor.

BOB MARTIN - It’s a temporary situation. I certainly vote in favor of it.

RICHARD WENZEL - I vote in favor.

STEVE BRITTON - I vote in favor. It’s temporary and when this is done all the setbacks will be met.

JOSEPH GUIDO - I vote in favor also.

MOTION CARRIED 7-0.
 
OTHER BUSINESS

There was no other business. KARL WICK MADE A MOTION TO ADJOURN. MOTION SECONDED BY BOB MARTIN.  ALL IN FAVOR. Meeting adjourned at 8:30 p.m.

Respectfully submitted,

Kathleen S. Kiernan
Secretary