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 July 19, 2011 Meeting





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





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

Excused:   Kathy Kiernan



Karl made a correction to the June minutes:  pg.6 , first sentence of Joe’s statement-“degress” should be “ingress.” 

Vic made a motion to approve the minutes as corrected.  Seconded by Linda.  All in favor.



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



        1. Mordecai Peleg                           Area Variance

                                                                          9 Chambers Road                        80.01-3-25



Pamela Hartford, landscape designer, is representing the applicant who is requesting a variance to allow guest parking spaces to be within the 50 yard setback required


Joe stated that when he made a site visit, he could not find the property line markers.   Ms. Hartford stated that the property line is the line of spruces in the gulley.  She said that the spruce at the end on the corner of the property is marked with a yellow flag,  but the survey explicitly shows the property line going through the spruces.  She thinks that they were originally planted

for that reason.


Joe asked about the four rows of yellow flags and Ms. Hartford explained that there is one row parallel to the spruces and another row showing how far the cars were going to back up and she

also marked the parallel rows where the cars were going to show how wide the spaces were.

Karl stated that the flags were helpful.


Joe asked about deck steps and Ms. Hartford explained about the direction of client flow into the center of the house.  She explained that what Joe saw might have something to do with the on-going construction.


Rob asked whether the front door in the center of the house opens up to a main hall on the interior of the house.   Ms. Hartford explained that this door opens to a tiny air-lock, about four feet wide between the dining room and living room.  Rob asked what was beyond that door.  Ms. Hartford stated that when one comes through the center door, there is a narrow hallway which leads into a medium center hallway directly facing stairs going up.  On the right is a huge front room which runs from the front to the back of the house.  The main door is in the center of that room – this is the main entrance and it is called the “grand entrance”.   If one turns left when entering the center door, there is a dining area.  Ms. Hartford explained that the center entrance was clearly designed as an air-lock because the main door, which is a huge door, is a Dutch door

and opens into a room.  The center door is basically a service door and has only recently been unsealed.  She stated that clients will be directed to enter through the grand entrance and the center door will be available as an exit.  She said that it is unconventional but everything about the house is designed to bring visitors to the grand entrance and not the entrance at the center of the house.


Joe asked if 12 parking spots were going in and Ms. Hartford replied that there will be six. 

Ms. Hartford stated that area by the front door is all mounded up because there is a septic area for the tenant house in the middle of this area.  Rob asked if it was a pump septic system and Ms. Hartford replied, “I think so.”  She added that there is another septic area in the back of the house which services the main house.


Chairman Cole asked who wanted to make a decision where they were going to put the parking?

Joe asked if the Board received anything from the County on this?  Karl said that they suggested that this case also go before the Planning Board, which it is already. 


Joe stated that he cannot vote for 10 feet.  Chairman Cole mentioned that it had been decided that the applicant would ask for 15 or 20 feet from the property line.  Ms. Hartford stated that she could go with 20 feet. 


Joe stated that he is concerned that putting brush in as a barrier will not stop a neighbor’s child from wandering across.  He said he would consider allowing parking 20 feet from the line, but he also wants to ask the Planning Board to consider some kind of fencing at the end of the parking lot.  This would be a suggestion, not a stipulation in the ZBA’s variance language.   He stated that a 4-5 foot high fence would be adequate.


Chairman Cole suggested that the Board approve the variance and write a letter to the Planning Board suggesting fencing.  Joe suggested that the Board include the fencing in the variance and the minutes because the Planning Board doesn’t always pay attention to the Board’s letters.  This was the consensus.


Ms. Hartford asked how far the fence would need to go and Chairman Cole replied that it had to go along the parking area only.


Joe said he was happy with 20 feet.   Karl said he liked the orientation in Plan A, but it was way too close to the line.  20 feet gives a buffer for cars and snow removal and will provide a safe distance from the mature trees.  He would prefer 25 feet, but will not consider less than 20.



Karl made a motion to grant a variance to allow no more than six parking spaces along the south lot line where shown on plan of May 9, 2011.  Said parking spaces shall be at least 20 feet from the southern lot line.  We recommend that the Planning Board consider the issue of fencing behind the parking spaces.  Seconded by Don.



Karl – I vote in favor.  Cost vs. benefit gives us a reasonable compromise.


Rob - I’m going to vote against this. Number one, I think it will be difficult to fit the parking in that spot and the septic field.  Number two, the guests could walk a little.  I think this is pushing the limit of setbacks over the top.


Vic – I vote in favor.  I think 20 feet is more than reasonable.


Don I vote in favor – 20 feet is reasonable and because of the recommendation of the fence.


Joe – I would have wanted more footage, but because of the septic system being in there, I will vote to grant the variance.


Linda – I vote yes.


Chairman Cole announced that the variance was granted.


Joe made a motion to adjourn the meeting.  Vic seconded.  All in favor.


Meeting adjourned at 7:49 pm.



Respectfully submitted



Joan Boris, Secretary

Zoning Board of Appeals