Town of Esopus Zoning Board of Appeals
Meeting December 16, 2003

The meeting was called to order at 7:40 p.m. by Chairman Steve Britton. Pledge to the Flag followed.

ROLL CALL

Present: Steve Britton, Catherine Charuk, Joe Guido, Rob Hare, Richard Wenzel, and Karl Wick.
Absent: Peter McGowan

APPROVAL OF MINUTES

KARL WICK 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 11 hours and Freemen public hearing notices for Reis for $18.92 and Cutugno for $17.94 were submitted. JOE GUIDO MADE A MOTION TO APPROVE THE VOUCHERS. CATHERINE CHARUK SECONDED. ALL PRESENT VOTED IN FAVOR.

INFORMATIONAL MEETING

WALLENSTEIN & McCARRON Case # 12-16-03-01

Martin Wallenstein was present to explain that the request is for a variance to construct an enclosure for a horse arena that will be four feet higher than allowed. The area is currently open and not usable in winter or when it rains. Boarders canít use their horses in the bad weather and in the winter he tends to lose boarders. The arena will not be open to others, only to about 12 people who board horses there. There will be no increase in traffic. The applicant presented a satellite map of his property which is in file. He pointed out on the map where the arena is located and showed how it would be 5' from the property line. He owns the property on the other side of the line which is about 100' wide and goes to a lot in the back. Mr. Hare asked if the property was joined to his current parcel because if that was the
 case, he would not need a variance. The 15' height restriction is because the arena would be within the 50' required side yard. Mr. Wallenstein stated that he has one tax number and gets one tax bill but the clerk informed him that since they are still two parcels on the records, he needs a variance.

The Board requested that the applicant provide a copy of the tax bill for the next meeting. Mr. Britton stated that this Board will go forward with the public hearing for the next meeting but he advised the applicant to go back to the Building Inspector and have him check if these are really two separate properties. If they have been combined the applicant does not need to appear before this Board. Mr. Wick asked the applicant if he would have any objection to combining the parcels if they have not been so far and Mr. Wallenstein stated that he would have no objection. Mr. Hare asked for a topographical map and Mr. Guido asked for pictures of the property to show how the topography affects the placement of the arena and how it would present a hardship to move it. A copy of the deed was entered into the file.

CUTUGNO Case #11-18-03-01

Patricia Cutugno was present to explain again what they are planning to construct on the property located at 76 Floyd Ackert Road. The first phase is to construct an in ground pool which will be situated nearer to the road than the principal building and that is what they need a variance for. Eventually the applicant will be constructing an addition to the house which will link the house, the pool, and the garage. If they were doing all of the construction at the same time, a variance would not be necessary. They would like to start excavation for the pool because access to that area would not be possible once the addition is constructed. The applicant pointed out that there is a cliff on the other side of the pool area. The applicant presented updated plans from the architect which were entered into the file.

There were no members of the public present. There was one letter received from David Hill which stated that he has no objection to the variance. That letter was entered into the file. Mr. Britton polled the Board to determine if they would feel comfortable voting on this case this evening and they determined that they would be.

DECISIONAL MEETING

CUTUGNO Case # 11-18-03-01

CATHERINE CHARUK MADE A MOTION TO GRANT A VARIANCE TO PLACE THE POOL CLOSER TO THE ROAD THAN THE EXISTING HOUSE AS SHOWN ON THE MAP OF ROBERT YOUNG ASSOCIATES DATED NOVEMBER 5, 2003 REVISED DECEMBER 4, 2003. KARL WICK SECONDED. The vote was as follows:

KARL WICK - Iím in favor of the motion. (The rest of the comments were inaudible.)

ROB HARE - I vote in favor. Itís not entirely in front of the house and itís behind the existing garage. (Inaudible.)

JOE GUIDO - Iím in favor of it also because the pool doesnít extend any further than the garage. The way that the driveway and the property are shaped, I donít see any detrimental impact.

CATHERINE CHARUK - I vote in favor. There are no detrimental impacts. Iíve been down that road and you canít see it from the road.

RICHARD WENZEL - I vote in favor. You are 500' from the road and I donít see any detriment to the neighborhood.

STEVE BRITTON - I also vote in favor. The current accessory building is actually closer to the road than the pool. The size of the lot at seven acres, and the distance to the road of over 500', I see no problem.

MOTION CARRIED 6-0.

OTHER BUSINESS

Mr. Britton  mentioned that Richard Wenzel brought up the fact that he serves as the liaison between this Board and the Waterfront Advisory Board and he would rather not do it anymore. Meetings are held the fourth Tuesday of the month. Karl Wick stated that he would be interested in taking his place. Mr. Britton advised that he will write a letter if necessary. He asked Gloria VanVliet, member of the Town Council and liaison to the Zoning Board, if this Board just appoints the liaison or if they have to make a recommendation to the Town Board. Mrs. VanVliet stated that changes will be made at the organizational meeting and if Mr. Wick wants the position he should make that known at the meeting on December 29.

The other matter that Mr. Britton discussed was the absence of Peter McGowan and if the Board feels that he should call him to see if he still wants to stay on the Board. If he is not interested, he feels that the Board should be involved in the process of selecting a replacement and should be able to make recommendations. If he is interested in staying on the Board, Mr. Britton will tell him that his attendance is required at the next meeting.

JOE GUIDO MADE A MOTION TO ADJOURN. ROB HARE SECONDED. ALL PRESENT VOTED IN FAVOR. Meeting adjourned at 8:35 p.m.

Respectfully submitted,

Kathleen Kiernan
Secretary