Town of Esopus Zoning Board of Appeals
August 15, 2006
The meeting was called to order at 7:30 p.m. by Chairman Don Cole. The Pledge to the Flag followed.
Present: Catherine Charuk, Don Cole, Joe Guido, and Karl Wick.
Absent: Darin DeKoskie, Rob Hare, and Richard Wenzel.
APPROVAL OF MINUTES
KARL WICK MADE A MOTION TO ACCEPT THE MINUTES AS SUBMITTED. CATHERINE CHARUK SECONDED. ALL PRESENT VOTED IN FAVOR.
APPROVAL OF VOUCHERS
One voucher for seven hours of secretarial work was submitted. JOE GUIDO MADE A MOTION TO APPROVE THE VOUCHER. CATHERINE CHARUK SECONDED. ALL PRESENT VOTED IN FAVOR.
LaBARBERA, MICHAEL Case # 06-20-06-01
No one was present for this application. Mr. Cole asked the Board if it should be sent back to the applicant since this is the third month that this case has been on the agenda and no one has come to present any information. The Planning Board will not do anything for this person until this Board makes a decision. Mr. Guido stated that he believes that a public hearing has to be heard before a vote can be taken. Mr. Wick agreed. It was decided that a public hearing will take place at the next meeting and a vote will be taken at that time.
MANICONE-SHANLEY, ELIZABETH A. Case # 08-15-06-02
Mrs. Manicone stated that she is requesting a variance to put an addition on the rear of her home. There is no room to put the addition on either side. She is requesting a variance to allow 2% over the maximum lot coverage. Mr. Cole said that he spoke to the Building Inspector and this is for a very small amount. Mr. Guido asked that the applicant bring a copy of the floor plans for the next meeting. Mrs. Manicone had a plan with her but was not able to leave it for the file. She was instructed to make copies to present at the next meeting. Mr. Guido asked what the distance is to the rear lot line since there was a question mark on the drawing. There were no further questions.
CITIVISION, INC. Case # 08-15-06-01
Joseph Pisani, attorney for the applicants, was present. He explained that the Wild Wild West portion of the camp is a simulated fort that has sleeping quarters in teepees and canastota wagons. After two years experience, the owners determined that for managements purposes, safety and otherwise, it would be preferable to move beds out of the canastota wagons and teepees and put them in the top of the towers two and four which were reserved for crafts and other purposes. There will be no change to the number of occupancy. It will be the same number of campers. The building official determined that this is a change of use. The applicants feel that it is not a change of use since the camp is still being used as a camp. It is changing beds from one place to another. The applicants are asking that this Board overrule the decision of the Building Inspector.
Ms. Charuk asked Mr. Pisani what would be considered a change of use. She stated that she understands the position of the applicants that the camp is still a camp but she sees the building inspectors point that they would be changing the use of those two rooms. Mr. Pisani answered that they feel that considering zoning issues, use is not determined by how a room is used but for the entire facility. He feels the building inspector is seeing a far narrower scope than what the zoning suggests it should be.
The second issue is of the other two towers, one and three, have been used for sleeping
accommodations for staff. Some of them come with family and they have to be put up somewhere. There are four living units to accommodate them and their personal needs. The building officials says that the plans that he has in his office show that those towers are not to be used for sleeping quarters. The applicants thought that those units were approved. In investigating, Mr. Pisani found that the original plans did not call for living quarters. However, they were not included in the original plans because they did not have the septic and water permits that would allow them to be used as living units. Once those permits were issued by the Board of Health, the plans were amended and filed with the building department. The construction took place and everything was inspected by the building department according to the applicable rules for living units. For some reason, those plans cannot be found. The original construction manager told Mr. Pisani that those plans were amended. The then Building Inspector Mark Rieker states that his recollection is that the plans were filed. Mr. Pisani presented an affidavit from the construction manager and one from Mark Rieker. Also attached is a memorandum of law relative to consideration of applications by religious organizations by zoning boards citing cases which indicate that religious organizations are to be given greater deference with respect to the use of property and granting of use and other variances and determinations by zoning boards.
Mr. Pisani stated that papers have been filed in Albany making Citivision a house of worship. He will have those papers for the next meeting. Ms. Charuk asked for a drawing for the Wild West portion. Mr. Guido requested a floor plan showing how the units are used now. He also asked for a C/O but Mr. Pisani stated that there was no C/O issued for the units. The Building Inspector refused to issue a C/O and that is part of the reason they are now before the Board. Mr. Guido
asked how the Board could be assured that the occupancy will not change. Mr. Pisani stated that it is written in the application. Ms. Charuk asked for a diagram of where the wagons are and if they will be moved. Mr. Pisani stated that the wagons will remain where they are and will be used for crafts. The teepees will remain as sleeping quarters. The towers where the beds will be going will be modified to meet fire safety codes.
Mr. Pisani stated that the Building Inspector also told them that they would have to go before the Planning Board for a site plan. He stated that the resolution of the Zoning Board in 2000 said that any major changes in the facility have to go before the Planning Board for a site plan with the exception of Wild Wild West. Mr. Guido stated that that was for that specific case because at the beginning of that meeting Mr. Pisani brought up that the Wild Wild West fort was not part of what was talked about. Mr. Pisani answered that the Board excepted Wild Wild West from the necessity of going before the Planning Board because they had already filed plans for Wild Wild West. Mr. Guido said that his interpretation was not that it was excluded from any future site plan reviews but it was not included in that meeting in what they were talking about because it was not part of the issues that were brought before the Board at that time. Mr. Wick agreed. Mr. Pisani said that his interpretation was that anything relative to Wild Wild West in terms of changes was excluded from the necessity of going to the Planning Board. Mr. Wick stated that that was not his intention Mr. Pisani says that the language is there and he thinks that the language speaks for itself. Mr. Guido said that if Mr. Pisani goes back far enough in the meetings he will find that he, Mr. Pisani, stated that that was not part of what they were discussing at those meetings. Mr. Wick said that the Board did not specifically exempt any future changes.
Mr. Guido stated that he feels that it was the responsibility of the applicants to get the C/O when they made the changes to the towers in question. It was not the responsibility of the building department to go to them with the C/O. Mr. Pisani stated that he realizes that and that is why this is an issue now. They went to the Building Inspector and he refuses to issue the C/O because he has no plans. Mr. Wick asked if Mr. Pisani has a copy of the plans that were submitted and signed by Mark Rieker. Mr. Pisani said that he will look for them but it seems that they are not here and if they’re not here, they don’t exist.
SUSSHOLZ, MICHAEL Case # 05-16-06-01
The applicant was not present. The Freeman notice today stated that the meeting is scheduled for next week. It was decided that the public hearing will kept open. MR. GUIDO MADE MOTION TO KEEP THE PUBLIC HEARING OPEN. KARL WICK SECONDED. ALL PRESENT VOTED IN FAVOR.
MR. GUIDO MADE A MOTION TO ADJOURN. MR. COLE SECONDED. Meeting adjourned 8:00 p.m.