Town of Esopus Zoning Board of Appeals
    November 15, 2005 Minutes

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

ROLL CALL

 Present: Catherine Charuk, Don Cole, Darin DeKoskie, Joe Guido, Rob Hare, and Richard Wenzel.
Excused: Karl Wick

APPROVAL OF MINUTES

ROB HARE MADE A MOTION TO ACCEPT THE MINUTES AS SUBMITTED. RICHARD WENZEL SECONDED. ALL PRESENT VOTED IN FAVOR.

APPROVAL OF VOUCHERS

Vouchers for secretarial work for 12 hours and two public hearing notices in the Freeman for a total of $34.92 were submitted. JOE GUIDO MADE A MOTION TO APPROVE THE VOUCHERS. DON COLE SECONDED. ALL PRESENT VOTED IN FAVOR.

INFORMATIONAL MEETING

HENDERSON, ANN  Case # 11-15-05-01

Ann Henderson appeared before the Board to present information on her request for a use variance for property located at 147 Carney Road, Rifton. She presented to the members of the Board photos of the buildings that were demolished and copies of the survey map. Copies of the items are on file.

Ms. Henderson explained that she would like to rebuild the garage on the same footprint as the one that was demolished and add an accessory apartment above that new garage. Her property consists of approximately 33 acres. The old garage and studio have already been demolished and that was done with the required demolition permits. The applicant has already gotten a building permit to rebuild the garage and the foundation has been pored on the old footprint. She also has a building permit to rebuild the studio which will be for her usage only and will not be used for a rental. The apartment will be 600 square feet not counting the stairwell.

Ms. Henderson went on to say that when she decided to rebuild the garage she went ahead and got an architect. She then went to the building department and was told that she would need to get a variance and also appear before the Planning Board to get a conditional use permit. Since this process would take some time, the building inspector suggested that she get a building permit for the garage and designate the upper space for storage until she could get the necessary approvals. She went to the Planning Board first because her application to the Zoning Board was presented after the cut off date. She is now up for a public hearing for the Planning Board and
wondered if she could combine their public hearing with the one for the Zoning Board. Mr. Guido advised that that would not be possible since each Board is required to hold its own public hearing.

Mr. Guido advised the applicant that if the variance is granted he will probably want a stipulation  that four or five acres remain with these buildings if there should be any subdivision of the property in the future.

PUBLIC HEARING

BASLER, MICHAEL Case #10-18-05-01

Mr. Basler explained that he would like to put a prefabricated shed in front of his house. The house and the pool are just about even and the shed would be closer to the road. He would like to do this because the land behind his house rises steeply and is rocky. The Board viewed a video of the property. Mr. Cole commented that this appears to be the most level part of the property and the applicant agreed. Mr. Guido expressed concern about the way the shed would blend in with the property and Mr. Basler advised that he recently had his house sided and the place where he is buying the shed said that they could match the color. Mr. Wenzel asked that the applicant present a photo of the shed at the next meeting and Mr. Guido asked that he bring photos of the property so they could be entered into the file. Mr. Guido also asked the applicant why he couldnít put the shed in the trees. Mr. Basler advised that the property is soggy and he doesnít want to lug things through the mud.

NIKAJ, VILMA  Case # 08-16-05-01

(Although the agenda listed this case as part of the Decisional Meeting, it was open as a continuation of the public hearing from the last meeting.) Mr. Rakaj who is the builder and is representing the owner, presented a new denial that he obtained from the building inspector. According to the new notice of disapproval the applicant needs a variance for the coverage only. There was no one from the public present. MR. GUIDO MADE A MOTION TO CLOSE THE PUBLIC HEARING. CATHERINE CHARUK SECONDED. ALL PRESENT VOTED IN FAVOR.

DECISIONAL MEETING

NIKAJ, VILMA  Case # 08-16-05-01

JOE GUIDO MADE A MOTION TO GRANT A VARIANCE FOR THE LOT COVERAGE TO BE 278 SQUARE FEET OVER WHAT IS ALLOWED. DARIN DeKOSKIE SECONDED. The vote was as follows:
 
   RICHARD WENZEL - I vote in favor. I donít see any adverse problems, no undesirable changes to the neighborhood. Basically, itís there already and I donít see any other way of doing it. Basically, itís the only way to do it.

   CATHERINE CHARUK - I vote in favor. Itís a small amount of coverage and the structureís there already. Itís still within the setbacks and it wonít have any impact on the character of the neighborhood.

   JOE GUIDO - I vote in favor of this. It wonít be any more coverage than most of the other buildings that are already there. Being that itís not infringing on any of the side or back or front yard setbacks, I donít have any problem with it.

   DON COLE - I vote in favor of it also for all the same reasons.

  DARIN DeKOSKIE - I vote in favor.

   ROB HARE - I also vote in favor. It fits in the neighborhood. No neighbor is worried about it.

Motion carried 6-0.

OTHER BUSINESS

Concerning the appointments, the Board agreed to recommend Joe Guido for reappointment. For Chairman, the Board recommends Don Cole or Rob Hare. For secretary, the Board recommends reappointment of Kathy Kiernan.

ADJOURN

JOE GUIDO MADE A MOTION TO ADJOURN. ROB HARE SECONDED. ALL PRESENT VOTED IN FAVOR. Meeting adjourned.

Respectfully submitted,

Kathleen Kiernan
Secretary