P.O. Box 700

Port Ewen, NY 12466

Zoning Board of Appeals


                   845-331-8630                                                                    Fax 845-331-8634





                                   TOWN OF ESOPUS ZONING BOARD OF APPEALS

                                              Minutes of the February 15, 2011 Meeting





Chairman, Don Cole, called the meeting to order at 7:30 pm.





Present:  Vic Barranca, Joe Guido, Rob Hare, Kathy Kiernan, Linda Smythe, Karl Wick and

                Chairman, Don Cole


Also present:  Paul Jankovitz, Daniel Heppner and Patricia Heppner



Vic made a motion to approve the minutes of the September 21, 2010 meeting.  Seconded by Joe.  All in favor.



There were no vouchers to approve.



01-18-11-01                                           Heppner, Daniel, Eymann, Carol & Weishaupt, Beth Ann

                                                                212 Tilden Street

                                                                56.60-6-17 & 56.60-6-18                  2 Area Variances


Paul Jankovitz, the architect for the project, explained that George Heppner, owner of the house,

passed away two years ago leaving his widow living alone in a very big house.  The current owners are her three children.  They would like to change the first floor into an accessory apartment so that someone else could live there.  The house already has a kitchen on each floor and one bedroom on each floor and it will remain that way.  They do not expect a large family to move into this apartment.  Mr. Jankovitz stated that very few physical changes have to take place and nothing on the exterior needs to be changed.  There is currently a two-car garage and plenty of parking on a large blacktopped area.  Changes have to be made to bring egress windows and fire alarms up to code. 


Chairman Cole asked who would be living there? 


Mr. Jankovitz replied that Mrs. Heppner would be living on the second floor.


Rob asked how old Mrs. Heppner was and her son, Mr. Heppner replied, “87.”  Rob stated that he was surprised that the primary residence would be on the second floor and that he found it hard to believe that Mrs. Heppner would be residing on the second floor. 


Mr. Heppner stated that they preferred to do that, but the ground floor is the smaller of the two apartments.


Rob stated that “We’re declaring the second floor as the primary residence so that we end up with a smaller number for the accessory apartment; but in reality, the primary residence is going to be the first floor.”  Mr. Heppner said that he would let his mother live on whatever floor she wanted.


Chairman Cole stated that its not the ZBA’s job to determine where Mrs. Heppner wants to live.


Rob said that he supports accessory apartments but he likes to be straightforward on these things.


Mr. Heppner stated that his mother has been a resident for forty years and lives in all areas of the house.  They don’t know how long she will continue to live there, but the law allows any of the three siblings who own the house to live in it.  He added that if his mother wants to live on the second floor and can’t climb the stairs, he will install an elevator.  He said that the view is better from the second floor and there would be no one making noise overhead.


Joe asked why there was an area variance if the size of the house is not being changed.    The Building Inspector’s referrals are for size of the accessory apt. and size of the lot.


Mr. Jankovitz explained that he had previously been in front of the Planning Board requesting a conversion from a single family to a two-family.  They recommended that applicants seek a variance for an accessory apartment because conversion to a two-family would not “sit well” with the neighbors. 


Joe asked since they are not changing the size of the house, they are changing the use of the house, why they asked for the area variance. 


Joe asked Mr. Jankovitz if the plans submitted with the application had changed and Mr. Jankovitz replied that they had not.


Mr. Heppner invited Board members to visit the house and get a feel for the setting.  He stated that he didn’t feel it was intrusive to the neighbors in any way.  He added that the neighbor to the west of this property owns a multi-family residence and it is adjacent to this property. 

Joe asked for a phone number to call Mrs. Heppner if he went to the property.  Mr. Heppner gave his mother’s phone number, 331-7260, as well as his cell phone number, 594-8163.


Mr. Jankovitz stated that the site plan indicates plenty of paved parking on which 5 cars could fit without additional work.


Chairman Cole excused the applicant and his representative and stated that the Public Hearing would be on March 15.


Chairman Cole stated that he had received a statement of “no impact” from the Ulster County Planning Board regarding this application.


Joe asked that the Board write a letter to the Town Board asking if, when the new zoning on accessory apartments was written (11/19/09), why was the recommendation that the primary residence be owner-occupied left out.  Was in intentional or was it an oversight?

Karl and Rob agreed that they would like a letter written to the Town Board.  Secretary will compose this letter.


Don made a motion to adjourn, seconded by Joe.  All in favor.


Meeting adjourned at 7:45 pm.



Respectfully submitted,



Joan Boris

Secretary, Zoning Board of Appeals


cc:  Applicant, Adjoining property owners, file