TOWN OF ESOPUS ZONING BOARD OF APPEALS

       Minutes of the December 15, 2009 Meeting

 

 

Chairman, Don Cole called the meeting to order at 7:25 p.m.

 

PLEDGE OF ALLEGIANCE

 

ROLL CALL

Present:  Vic Barranca, Joe Guido, Rob Hare, Karl Wick, and Chairman, Don Cole.

Absent:  Kathy Kiernan and Linda Smythe.

 

MINUTES

Joe made a motion to approve the November 17, 2009 minutes as written.  Rob seconded. All in favor.

 

VOUCHERS

Karl made a motion to approve the voucher for secretarial work.  Rob seconded.  All in favor.

 

INFORMATIONAL

No new applications

 

PUBLIC HEARING

11-17-09-01                                         William Whittaker

                                            411 Broadway                             Area Variance

 

David Zimmerman was present representing Mr. Whittaker.  No members of the public were present. 

 

Karl stated that the Board had received a letter from Maryann Donaldson, Architectural Modification Consultant to the Resource Center for Accessible Living and he mentioned the important aspects of the letter were that shed reviewed the project, supports it, and thinks they will do a good job.

 

Chairman Cole stated that Board received a “No Impact” letter from the Ulster County Planning Board regarding the Whittaker application.

 

Joe stated that he had been at the site today and the front porch is only two feet off the ground and asked if the applicant needed all the ramp space they are proposing in order to get down two feet.

 

Mr. Zimmerman replied that there is a formula for figuring ramps.  They need to decline one inch or less per foot of elevation.    They will also have a 60x60 platform which brings the ramp further into the yard.

 

Karl stated he was not clear on how close this is going to be to the front property line.  Joe said it was 9 feet from the shoulder and Mr. Zimmerman corrected him saying it was 9 feet from the boundary line.

 

At this point, William Whittaker, the property owner, came into the meeting.  Joe asked him if he  was sure where the boundaries are on the property and he replied that he had just had a survey done.

 

Rob stated that the applicant’s drawing shows a 48” pad and wondered if the 9 feet was from the leading edge of that pad.    Mr. Zimmerman replied that the ramp starts at 9 feet in.

 

Karl asked how far the property line was from the pavement.  Mr. Zimmerman replied, “7 feet at least” and Mr. Whittaker concurred.

 

Karl stated that the pad is considered a walkway and Chairman Cole said that as a walkway if does not come under ZBA jurisdiction.

 

Chairman Cole asked if anyone had any objections that would keep the Board from moving forward on this application.

 

Joe stated that the variance should read “for a handicap ramp only,” and could not be used in the future for a deck or anything else.

 

Chairman Cole made a motion to close the Public Hearing, seconded by Vic.  All in favor.

 

DECISIONAL

        1. William Whittaker

411 Broadway                            Area Variance

 

Karl made a motion to grant a variance of 31 feet to the front yard setback for the purpose of a handicap ramp only.  There remains a 9 foot setback to the property line and additional distance to the pavement.

 

Motion seconded by Rob.

 

VOTE:  Karl – I vote in favor.  This is a pre-existing house only 26 feet from the street.  I don’t

                          think this will change the character of that mixed neighborhood or have any  

                         detrimental effects.  It will have a strong benefit to the tenant. I don’t think it’s a

                         self-created hardship.

              Vic – I’m in favor for the reasons just mentioned.

              Rob – I’m in favor.  I think the handicap ramp is important to the tenant and the existing

                        house is only 26 feet 6 inches from the property line so that necessarily limits the

                        possibilities for the ramp.

              Don – I vote in favor of this variance.

              Joe – I’m in favor because of the topography of the property and the fact that that much   

                        area is needed for the ramp as dictated by the building code.                                   

 

Chairman Cole informed the applicant and the property owner that they would be getting notification of a favorable decision.

 

OTHER BUSINESS

None

 

Chairman Cole made a motion to adjourn the meeting.  Seconded by Karl.  All in favor.

Meeting adjourned at 7:40 p.m.

 

 

Respectfully submitted,

 

Joan Boris

Secretary, Zoning Board of Appeals