Town of Esopus Zoning Board of Appeals
    December 20, 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, Richard Wenzel, and Karl Wick.

APPROVAL OF MINUTES

JOE GUIDO MADE A MOTION TO APPROVE THE MINUTES AS SUBMITTED. ROB HARE SECONDED. ALL PRESENT VOTED IN FAVOR.

APPROVAL OF VOUCHERS

KARL WICK MADE A MOTION TO APPROVE THE VOUCHERS. JOE GUIDO SECONDED. ALL PRESENT VOTED IN FAVOR.

INFORMATIONAL MEETING

No cases.

PUBLIC HEARING

HENDERSON, ANN  Case # 11-15-05-01

There was no one from the public present regarding this case. Mr. Wick brought up the letter that was received from Robert Leibowitz of the Ulster County Planning Board. A copy of this letter is in the file. Mr. Wick questioned on what Mr. Leibowitz based his recommendation to treat this as an area variance. Mr. Guido suggested that he was basing it on the apartment having existed here previously which is not the case. The Board will continue to treat this as a request for a use variance.

Mr. Cole asked the Board if they felt that they could make a decision at this meeting. Mr. Guido asked the applicant if she had any objection to a stipulation stating that the house and the accessory building would have to stay together on at least three or four acres if there was any future subdivision. Ms. Henderson had no objection. The Board decided to vote on this application at this meeting.

DECISIONAL MEETING

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

There was no one present regarding this application. Mr. Guido  mentioned that the applicant was supposed to bring photos to this meeting for the file so the case was postponed until the end of the decisional portion of the meeting.

HENDERSON, ANN  Case 11-15-05-01

Mr. Guido again advised that he would like to see four or five acres minimum with the house and accessory building and not have these two structures on a one acre lot. Ms. Henderson advised that the parcel is 33 acres more or less and the topography is very rough. Mr. Hare advised that the access is very narrow off Carney Road. Subdivision would be impractical.

 JOE GUIDO MADE A MOTION TO GRANT A VARIANCE TO ALLOW AN ACCESSORY APARTMENT WITH THE STIPULATION THAT IF THE PROPERTY IS SUBDIVIDED IN THE FUTURE, THE HOUSE AND APARTMENT MUST REMAIN ON THE SAME PARCEL OF NOT LESS THAN FIVE ACRES. CATHERINE CHARUK SECONDED. The vote was as follows:

  KARL WICK - I should abstain because I missed the last meeting.

  DARIN DeKOSKIE - I vote in favor being that the applicant is okay with the size of the property restrictions that the variance would be putting on the property. And I also feel that the property is large enough for an accessory apartment and that the applicant does have a need and a hardship in this case.

  ROB HARE - I vote in favor. I think itís the proper use of a definition of an accessory apartment and the applicant meets all the required needs.

  DON COLE - I vote in favor of this. The property is a very large piece of property. The terrain is a little bit rough. I donít think weíd have too much of a problem with people who would come in and want to overbuild this property so I canít see any problems with giving a variance on this particular situation.

  JOE GUIDO - Iím in favor of this variance because of the size of the property. The garage is going on the footprint of the previous building. And with the parcel that we have said that it should be on it would meet zoning anyway if it was subdivided.

  CATHERINE CHARUK - I vote in favor because of the size of the property and the restriction on further subdivision.

  RICHARD WENZEL - I vote in favor. I donít see any objections from anyone. There are no real changes and the size of the property can allow this.
 
Motion carried 6-0 with on abstention.

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

Mr. Cole advised that this case would be postponed until the next meeting. Mr. Guido stated that he would like the secretary to send a letter telling the applicant that the reason it was postponed is because the Board needs the photos that were requested. JOE GUIDO MADE A MOTION TO POSTPONE. KARL WICK SECONDED. ALL PRESENT VOTED IN FAVOR.

OTHER BUSINESS

Mr. Cole stated that he got a call regarding Davin Butterfield who is before the Planning Board looking to subdivide. Mr. Cole said that he was not on the Board when the decision was made to allow Mr. Butterfield to build a house and a kiln on property in the Light Industrial Zone. The thing that is not sitting well with Mr. Cole is that there will be no more Light Industrial if everything is changed into residential and not sticking to what the zoning is for this area. He asked what the Boardís feeling is on this if it should come before us.

Mr. Guido stated that he remembers this case and the Board said that the house would have to stay with the business for that reason. It was set aside as a commercial area and the Board didnít want the house broken away so it could be taxed at a lower rate as residential. Mr. Cole stated that if this person is looking to subdivide the property, he doesnít know why he wants to subdivide and he thinks the Board should be getting input from the Planning Board as to what exactly is going on. Itís not running in conjunction with what has been approved for this new owner. He stated that he thinks a letter should to the Planning Board.

Mr. Hare stated that he doesnít understand what is not in conjunction. Mr. Cole said that the owner wants to subdivide it. Does he want to subdivide it for business or residential. Mr. Hare answered that that is not our question. Mr. Cole said that itís his question. Itís before the Planning Board. Are they going to give him a subdivision for a business or a home? Mr. Hare stated that because itís in Light Industrial, they have no choice but to do it for Light Industrial. Mr. Cole continued to question whether the Planning Board might give the applicant a subdivision for residential even though itís Light Industrial. Even though itís illegal, Mr. Cole asked if that means that itís never been done before and how does the Board know that it wonít be done this time. Mr. Cole stated that the Board has not been asked anything about this but he got a call and he was asked about it. Mr. Wick stated that the variance did not preclude subdivision of the property. The stipulation was that the house and pottery business must remain on the same property.

Mr. Guido suggested that it might be a good idea to send a note to the Planning Board advising them that the property is Light Industrial and should remain as such.

JOE GUIDO MADE A MOTION TO ADJOURN. ROB HARE SECONDED. ALL PRESENT VOTED IN FAVOR. Meeting adjourned 7:55 p.m.

Respectfully submitted,

Kathleen Kiernan
Secretary