ZBA January 19, 2021 Minutes

Town of Rosendale Zoning Board of Appeals
Rondout Municipal Center
1915 Lucas Ave.
Cottekill, NY 12419

Minutes

Tuesday, January 19^th 2021

Chairwoman Ann Houghtaling called the meeting to order at 7:05 pm.

Roll Call:

Chairwoman Ann Houghtaling Present
Richard Hermance Present
Kelleigh Mckenzie Present
Michael Camargo Excused
Gary Jacobson Present
Councilwoman Carrie Wykoff Present
Brisa Casas, Clerk Present

 Minutes:

Motion made by Kelleigh Mckenzie, seconded by Gary Jacobson, to accept the minutes from November 17^th 2020

Roll Vote: Chairwoman Ann Houghtaling–Yes, Kelleigh Mckenzie –Yes, Richard Hermance–Yes, Gary Jacobson –Yes

Motion Carried.

Motion made by Chairwoman Ann Houghtaling, seconded by Richard Hermance, to accept the minutes from December 15^th 2020

Roll Vote: Chairwoman Ann Houghtaling–Yes, Kelleigh Mckenzie –Yes, Richard Hermance–Yes, Gary Jacobson –Yes

Motion Carried.

Public Hearing:

#2020-6-Area Variance

SBL: 70.4-1-3.100

Location: 613 Springtown Road

Applicant: Daniel Stanley/David Friedlander

David Friedlander is present on behalf of this application.

Motion made by Chairwoman Ann Houghtaling, seconded by Richard Hermance, to open the public hearing for this application at 7:09pm.

Roll Vote: Chairwoman Ann Houghtaling– Yes, Kelleigh Mckenzie –Yes, Richard Hermance–Yes, Gary Jacobson –Yes

Motion carried.

The following is discussed about this application:

• The applicant is requesting an area variance to meet the side property line setback for a pole barn (garage).
• The applicant previously acquired a building permit for a pole barn and constructed the foundation of the structure. A stop work order was issued by the Building Inspector to halt any further construction until a variance is granted or the side setback is met.
• An email correspondence was received from the building inspector regarding this property.
• Town of Rosendale Code Chapter 75: ZONING – Density Control Schedule.
• This parcels zoning is discussed, there may be an inaccuracy and the board requests confirmation on the Zone from the Town of Rosendale Assessors office.
• In an A Zone the side setback requirement is 30 feet, however in an R1 Zone the side setback requirement is 20 feet.
• Is it possible to move the garage so that it meets the setbacks?
• Friedlander responds that the locations of the septic, leach field, well and location of the existing driveway restrict the possibility for the garage to be in another location on the property.
• Board member Mckenzie requests that a revised site plan is submitted with a detailed drawing of the garage including exact measurements of the structure.
• There was an existing shed approximately 10ft x 15ft that was moved so the garage could be placed in that location.
• New building (garage) size is approximately 40ft x 60ft

Public Comment:

Curtis Shumalski (609 Springtown Road)

Mr. Shumalski’s mother owns the property next this parcel. He is seeking clarification on the location of the garage and also has concerns about recent grading affecting water on his mother’s property. He would also like to know what the garage will be used for.

 David Friedlander

The garage will be used to park vehicles.

Drainage can be addressed if it is causing water pooling onto the Shumalski’s property

Jon Smith (621 Springown Road)

Mr. Smith owns property directly next to this parcel. He is not in favor of this variance. He has concerns about the land grading affecting pooling of water onto his property and that the property is being used for a commercial business.

Tom Cummings

Mr. Cummings is present on behalf of his client, Jon Smith. He submitted written comments via email. He points out a possible error on the application regarding the zone of the parcel, his client has concerns that the property is being used for a commercial business, grading of land that was done to construct the garage could have possible affects on Mr. Smith’s property. His client is concerned that the garage will change the character of the neighborhood.

David Friedlander

His client owns a company called Joshua Paving and parks his trucks in the driveway.

There are other properties on Springtown Road that have single family homes and garages. He does not agree that another garage on his client’s property will affect the character of the neighborhood.

Adam Hicks (neighbor)

He would like to know the height of the proposed garage.

David Friedlander

The height of the garage is approximately 16ft and at the peak it’s a max height of 22ft.

Tom Cummings

Will there be a site visit by board members?

Chair Houghtaling

Yes, as long as we have permission from the property owner, board members can do a site visit to see the property.

David Friedlander (613 Springtown Road) and Jon Smith (621 Springown Road)

Both offer the board verbal permission to access their property for a site visit to see the proposed garage.

The applicant is asked to provide the following:

1. Updated information on the exact dimensions of the garage including height, width, length and the measured distance of the garage to all the property lines on a revised site plan.
2. The locations of the existing septic and well on the property clearly demarcated on an updated site plan.

Motion made by Chairwoman Ann Houghtaling, seconded by Gary Jacobson, to keep this public hearing open for two weeks (February 2^nd 2021) for written comments only.

Roll Vote: Chairwoman Ann Houghtaling– Yes, Kelleigh Mckenzie –Yes, Richard Hermance–Yes, Gary Jacobson –Yes

Motion carried.

Misc:

Motion made by Kelleigh Mckenzie, seconded by Gary Jacobson, to recommend Chairwoman Ann Houghtaling for another board member term on the Zoning Board of Appeals.

Roll Vote: Chairwoman Ann Houghtaling– Yes, Kelleigh Mckenzie –Yes, Richard Hermance–Yes, Gary Jacobson –Yes

Motion carried.

Adjournment:

Motion made by Chairwoman Ann Houghtaling, seconded by Kelleigh Mckenzie, to adjourn the meeting at 7:58pm.

Roll Vote: Chairwoman Ann Houghtaling– Yes, Kelleigh Mckenzie –Yes, Richard Hermance–Yes, Gary Jacobson –Yes

Motion carried.

Respectfully submitted,

Zoning Board of Appeals Clerk

Brisa Casas