Town of Esopus Zoning Board of Appeals
AUGUST 19, 2008
Chairman Don Cole called the meeting of the Zoning Board of Appeals of the Town of Esopus to order at 7:30 p.m.
The Pledge to the Flag followed.
Present: Don Cole, Chairman, Karl Wick, Vic Barranca, Kathy Kiernan, and Linda Smythe.
Absent: Rob Hare and Joe Guido
APPROVAL OF MINUTES
KATHY KIERNAN MADE A MOTION TO APPROVE THE MINUTES AS WRITTEN. VIC BARRANCA SECONDED. ALL PRESENT VOTED IN FAVOR.
APPROVAL OF VOUCHERS
VIC BARRANCA MADE A MOTION TO APPROVE THE VOUCHER FOR SECRETARIAL WORK AND LEGAL NOTICES IN DAILY FREEMAN. KARL WICK SECONDED. ALL IN FAVOR.
CARPINO, JOANNE CASE # 07-15-08-01
Joanne Carpino was present.
Don Cole asked if the Board had any questions regarding this variance.
Karl Wick stated that he had a couple of questions. Karl asked Ms. Carpino the distance from the north side of the house to the property line.
Ms. Carpino said the distance from the house to the fence would be 24 feet.
Don Cole polled the Board to see if they wanted to vote on this tonight or since we are missing two members of the Board should we wait until next month? There was a discussion on what the Board would do.
Kathy Kiernan questioned the number of variances that are requested. There is a variance for the garage in front of the house, a variance for the distance from the road and a variance from the property line.
Vic Barranca wanted to know the distance from the edge of the road to the shed. There was a distance from the middle of the road to the shed but not from the lot line to the shed. Ms. Carpino did not really know, but probable six to eight feet. Don Cole thought he was told it was three feet from the road (property line).
Don Cole mentioned that he received a call from Rob Hare today and he was objecting to the Variance.
Don Cole explained that the problems with this variance is:
1. It is close to the road
2. The shed will be in front of the house
3. When the Board gives an approval they are setting a precedent
Don Cole also mentioned that this is not a permanent building and it can be removed at anytime. Being so close to the road is a hazard. Ms. Carpino said it has to be at least six to eight feet back from the road. The Board thought that was still very close. Chairman Cole suggested that we not vote tonight, but wait until next month. This will give Ms. Carpino an opportunity to submit additional information and answer the question of distances. If the road is a 50-foot road, the present drawing shows the shed to be 28 feet from the center of the road which would make it three back on your property.
Ms. Carpino said she would place the garage so she could come in right off the road. That would require an additional driveway. Chairman Cole explained to her that she would need approval from the Highway Dept. for another access (driveway). Main Street is a Town Road.
Kathy Kiernan asked if Ms. Carpino would consider placing the shed the other way so that the existing driveway could be used. Ms. Carpino said it would take up to much of the front lawn.
Vic Barranca stated that he visited the site a couple of weeks ago and the shed should be pegged out. It will be changing the character of the neighborhood. Maybe if it was pegged out the Board could better see exactly how it would look.
Ms. Carpino explained that where she presently keeps the car (a rented garage) the house has been rented and they want the garage.
Kathy Kiernan asked about the koi pond. Around the pond is landscaping. It cannot be moved because there is a lot of rock. Ms. Carpino stated that she was trying to place the shed as close to the side as she could in order not to take away from the front yard.
Karl Wick asked if it was possible to get around the house and place the shed in the back. Ms. Carpino said that was impossible. He asked if Ms. Carpino could move the pond. No, it was all rock. Karl asked Ms. Carpino if the deck could be replaced. No, that would be a major expense and there would be no light in the house. Could you put a new garage where the driveway is now? That is where the oil is delivered onto the deck. Also, the electric meter is there. Karl asked how large the existing shed was in the rear yard. The existing shed is 10 x 20.
There was a discussion on the coverage of the property. The present coverage is 14.2% and the Ordinance allows up to 15%. The 14.2% includes the new building.
Karl Wick asked when the property was purchased. It was May 1973. The house was purchased after zoning.
Karl stated that we could grant these variances, however, we need a good reason to do so.
Kathy Kiernan felt that we should have exact measurements. Vic Barranca wanted to see the space pegged out. In order to grant the variance the Boards needs to know the exact measurements from the front and side lines. The Board needs measurements from the front of the building to your property line and exact measurements from the side lot line to your building.
Ms. Carpino needs someone that can plot out her property, someone who can find the stakes in the ground and measure from there. Again, the Board suggested that Ms. Carpino peg out the site where the shed is going.
The Board decided to postpone the vote until next month. They will also need exact setbacks. Don Cole explained to Ms. Carpino that the Board wanted her to put a peg in the four corners where the shed will go.
Karl Wick also suggested that Ms. Carpino attempt to purchase property from the neighbor. Ms. Carpino does not have the money.
Don Cole suggested that Ms. Carpino do as much as possible to stack the property out properly, and have some pictures of the property. The Board will visit the property. Bring the information and pictures in ahead of time and copies will be made for the Board members.
The Board will have a decisional vote on September 16, 2008.
No other business.
Karl Wick made a motion to adjourn the meeting. Vic Barranca seconded. All in favor.
The meeting was adjourned at 8:02 p.m.