Town of Esopus Zoning Board of Appeals

October 16, 2001
 

The meeting was called to order at 7:35 p.m. by Chairman Joseph Guido. Pledge to the Flag
followed.

ROLL CALL

Present: Steve Britton, Catherine Charuk, Joseph Guido, Robert Martin, and Karl Wick
Absent: Peter McGowan and Richard Wenzel

APPROVAL OF MINUTES

ROBERT MARTIN MADE A MOTION TO APPROVE THE MINUTES AS WRITTEN. MOTION SECONDED BY KARL WICK. ALL PRESENT VOTED IN FAVOR.

APPROVAL OF VOUCHERS

A voucher for secretarial work for 5 hours was submitted. ROBERT MARTIN MADE A MOTION TO APPROVE THE VOUCHER. KARL WICK SECONDED. ALL PRESENT VOTED IN FAVOR.

INFORMATIONAL MEETING

No cases.

PUBLIC HEARING

No cases.

DECISIONAL MEETING

CLARK, JOHN W. JR. CASE # 08-21-01-02

Mr. Guido advised that at the last meeting there was a question of how big the porch would be. Mr. Clark advised that it is not a porch. It is not enclosed. It is just a little portico over the front entrance. The top of the slab will be 8' X 5' and there will be a little 5' roof sticking out that will cover the step.  Mr. Guido also stated that another thing was that the Board asked if Central Hudson would allow the applicant to build on the right of way. Central Hudson did call Mr. Guido and they said they will not put anything in writing but they do not want him to build anything on it at all. Mr. Guido called back to verify that the person calling was who he said he was and that was confirmed. Mr. Guido asked if the house will still be in line with the others with the 5' overhang and Mr. Clark answered that it will.

Mr. Martin asked how high the house will be. Mr. Clark advised that somewhere on the house plans it does state the height but offhand it will be 30' and some inches.

KARL WICK MADE A MOTION TO APPROVE THE FRONT YARD SETBACK OF 24' FOR THE HOUSE ITSELF AND TO ALLOW A ROOFED OVER BUT UNENCLOSED PORTICO NOT TO EXCEED 8' IN WIDTH AND 5' IN DEPTH EXTENDING FROM THE FRONT OF THE BUILDING. STEVE BRITTON SECONDED. The vote was as follow:

KARL WICK - I will vote in favor of the motion. I feel, especially because this house will  actually be behind the adjoining houses, that there would be no benefit to the Town to be gained by denying the variance. It is not substantial. It is created by a utility that refuses to compromise and it would be unfair to deprive the owner of the use of his land. I feel the portico falls under the exception Section 123-21C 7d so that certainly meets the intent of the code.

CATHERINE CHARUK - I’ll vote to approve for the same reasons previously stated since he did it so well.

BOB MARTIN - I’ll vote in favor to approve for the same reasons.

STEVE BRITTON - I’ll vote in favor. I feel that all the items in Section 123-44 were met to the best of the applicant’s ability. Clearly the hardship is not self-created and I feel that this will not alter the character of the neighborhood.

JOE GUIDO - I’m in favor also. The house isn’t any further than the houses nearby and also Central Hudson will not allow him to build on the right of way.

MOTION CARRIED 5-0.

Mr. Guido advised the applicant that the variance was granted and that he will receive a letter stating that. The building department will be informed and the applicant should see someone there after he receives his copy to proceed with his permit. Mr. Wick advised the applicant to make sure he goes back to the building department.

OTHER BUSINESS

There was no other business.

ROBERT MARTIN MADE A MOTION TO ADJOURN. MOTION SECONDED BY STEVE BRITTON.  ALL IN FAVOR. Meeting adjourned at 7:45 p.m.

Respectfully submitted,
 

Kathleen S. Kiernan
Secretary