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Port Ewen, NY 12466
Zoning Board of Appeals

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                               TOWN OF ESOPUS ZONING BOARD OF APPEALS
                                           Minutes of the April 20, 2010 Meeting

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


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

Vic made a motion to approve the minutes of the February 19, 2010 meeting as written.  Seconded by Don.  All in favor.

Joe made a motion to approve the voucher for secretarial work.  Seconded by Linda.  All in favor.

04-20-10-01                                                 Aberdeen-on-the-Hudson          
1723 Broadway                          Area Variance

Chairman Cole asked applicant, Maria Ferguson to explain why she was in front of the Board.  She is the president of Aberdeen-on-the-Hudson, Inc., owner of this property.  She is also the owner/operator of the two businesses which are tenants of the property, Hudson Valley School of Massage Therapy and Hudson Valley School of Advanced Aesthetic Skin Care.  Applicant explained that she was in front of the Planning Board for a two-lot subdivision, creating a flag lot  on which she wishes to build a residence.  The Planning Board referred her to the ZBA because the subdivision will create a south side setback of less than the required 100 feet for school buildings.   It is close to 100 feet.  Applicant thinks she needs a variance for three or four feet.

Chairman Cole asked applicant if she planned to pump into the existing septic system and she replied that she would be installing a new septic system.

Joe asked the secretary to provide the existing variances on this property for the public hearing next month.   Karl asked applicant to provide a survey showing exact distance from the lot line to  the nearest building corner.  He said a letter from her engineer would be acceptable. 

Joe asked if schools were allowed in R40 zones.  He will find out for the next meeting.  Maria  was allowed to open the school(s) on the property with a Conditional Use Permit from our Planning Board (1/22/09) and a ZBA variance for the parking lot (10/21/08).  Joe mentioned that the schools were opened when the school was on the same lot as a residence; and now that applicant is splitting the lot, the school will stand alone.   Board members stated that there is no residence – the school building is the former residence.

Discussion followed about public vs. private schools, federal and state funding and accreditation.

Linda asked if the Planning Board was waiting for us to grant a variance for the distance between the school building and the southern lot line before they vote on the subdivision.  Applicant replied that she has already met with the Planning Board and has another meeting on April 22, 2010.

Chairman Cole told applicant that the next meeting was the public hearing on May 18, 2010 and applicant left meeting.

Chairman Cole asked Board members if they had received notices on the upcoming seminars and stated that Dennis Doyle, Ulster County Planner, would be available to put on a workshop for our ZBA on any topic we were interested in.  Also, Dennis told us that there were no videos for us to borrow.

Joe stated that in the packet mailed to ZBA members there was a proposal to allow accessory apartments in R40 zones and he is concerned about there not being any single family zoning remaining in the Town.  It was determined that the zoning changes sent out to Board members were not proposals, but were local laws enacted November 2009.  Joe wanted it on record that he opposes this particular law.  He said that once accessory apartments are allowed, there is no legal definition of what “family” is and who can be there and how many people can live there.

Karl made a motion to adjourn the meeting, and Vic seconded.  All in favor. 
Chairman Cole adjourned the meeting at 7:45 p.m.

Respectfully submitted,

Joan Boris, Secretary
Zoning Board of Appeals