Chairman, Robert Hendrickson, called the meeting to order at 7:30 pm at the Town of Rosendale Recreation Center on Route 32, Rosendale, NY.
I. ROLL CALL: Robert Hendrickson, Chairman, Present
Angelo Guiliano, Present
Leland Eaton, Present
Denise Pitcher, Absent
Louis Muenkel, Absent
II. MINUTES OF THE PREVIOUS MEETING, December 21, 2004. A motion was made by Angelo Guiliano to approve the minutes as written. The motion was seconded by Leland Eaton.
Roll Vote: Robert Hendrickson, Yes
Leland Eaton, Yes
Angelo Guiliano, Yes
Motion Carried.
III. PUBLIC HEARINGS: None
IV. OLD BUSINESS:
Harry and Ausilia Andrews, Variance #Z2004-13, Binnewater Road, Rosendale, NY. Chairman, Robert Hendrickson, read the resolution which approved the application for a variance. The variance approval permits an addition of a living room and basement entrance area on their property at 236 Binnewater Road, Rosendale, NY. This property will be used as their primary residence when completed.
A motion was made by Angelo Guilano to approve the resolution as written. The motion was seconded by Leland Eaton.
Roll Vote: Angelo Guilaino, Yes
Leland Eaton, Yes
Robert Hendrickson, Yes
Motion Carried.
William A. Dietz, Jr., 62.4-7-25, Variance #Z2004-14, Constable Lane, Rosendale, NY. Mr. Dietz had presented his case to the Zoning Board at the December 21st, 2004, meeting. He has since decided to withdraw his application. The fee submitted with the application has been returned.
V. NEW BUSINESS:
Susan Diamond/Douglas Stedge, Variance #Z2005-1, 177 Maple Hill Drive, Kingston, NY. Susan Diamond stated that they would like to erect an eight foot fence bordering the west side of their property as a six foot fence would not substantially screen, from the ground level of the house, the undesirable visual impact of Route 32 traffic, the derelict building on the corner of Maple Hill and Route 32 and the storage unit located directly across from Maple Hill drive due to the topography of the land. The side yard slopes upward to the house - the house is set on higher ground. Chairman Hendrickson advised the applicant that a six foot fence was allowed in the front and could continue back to the plane of the house. Mr. Hendrickson felt that from the plane of the house and back the fence could be eight foot. The applicant was advised to draw a sketch of the proposed fence and present it again to the Building Inspector. The applicant was also advised to contact the ZBA recording clerk if they wanted to proceed with a public hearing.
Susan Diamond contacted the ZBA recording clerk and advised that the variance request was going to be withdrawn. The application fee has been returned.
COMMENTS FROM THE PUBLIC: A resident of Parkcrest Drive raised a question regarding a neighbor parking a large vehicle in the setback area causing a blind driveway and a dangerous situation. Robert Hendrickson advised the resident that the ZBA was not the place to handle this situation. He was advised to contact the Building Inspector for further input or possibly, to the Town of Rosendale Police Chief.. Another problem with the neighbor was the fence around their pool. The fence was high enough, however, the wooden slats on the fence were horizontal, thus allowing someone to climb over the fence and get to the pool area. The building inspector was again notified, however, the neighbor has not made any changes to the fence. The resident was again advised to go talk with the Building Inspector.
A motion was made by Angelo Guiliano to close the meeting and seconded by Leland Eaton. The meeting was closed at 8:30 PM.
Roll Vote: Robert Hendrickson, Yes
Leland Eaton, Yes
Angelo Guiliano, Yes
Motion Carried.
The next meeting will be held on Tuesday, February 15, 2005, at the Rosendale Recreation Center.
Respectfully submitted,
Judy Lenz, Recording Clerk
________________________________________________________________________
TOWN OF ROSENDALE
ZONING BOARD OF APPEALS
Minutes of the February 15, 2005, Meeting
Chairman, Robert Hendrickson, called the meeting to order at 7:30 pm at the Town of Rosendale Recreation Center on Route 32, Rosendale, NY.
I. ROLL CALL: Robert Hendrickson, Chairman, Present
Angelo Guiliano, Present
Denise Pitcher, PresentLouis Muenkel, Present
Leland Eaton, Absent
II. MINUTES OF THE PREVIOUS MEETING, January 18, 2005. A motion was made by Angelo Guiliano to approve the minutes as written. The motion was seconded by Louis Muenkel.
Roll Vote: Robert Hendrickson, Yes
Angelo Guiliano, Yes
Louis Muenkel, Yes
Denise Pitcher, Abstain
Motion Carried.
III. PUBLIC HEARINGS: None
IV. OLD BUSINESS: Susan Diamond/Douglas Stedge, Variance Z2005-01, 177 Maple Hill Drive, Kingston, NY. Applicant withdrew application after talking to Building Inspector, Harry Skerritt, regarding placement of proposed fence.
V. NEW BUSINESS: None
VI. CORRESPONDENCE:
Zoning Bulletin - January 10, 2005
A motion was made by Louis Muenkel to close the meeting at 8:05 PM. The motion was seconded by Robert Hendrickson.
Roll Vote: Robert Hendrickson, Yes
Angelo Guiliano, Yes
Luis Muenkel, Yes
Denise Pitcher, Yes
Motion Carried.
The next meeting will be held on Tuesday, March 15, 2005, at the Rosendale Recreation Center.
Respectfully submitted,
Judy Lenz, Recording Clerk
________________________________________________________________
TOWN OF ROSENDALE
ZONING BOARD OF APPEALS
Minutes of the March 15, 2005, Meeting
Chairman, Robert Hendrickson, called the meeting to order at 7:30 PM at the Town of Rosendale Recreation Center on Route 32, Rosendale, NY.
I. ROLL CALL: Robert Hendrickson, Chairman, Present
Angelo Guiliano, PresentDenise Pitcher, Present
Louis Muenkel, Present
Leland Eaton, Present
II. MINUTES OF THE PREVIOUS MEETING, February 15, 2005. A motion was made by Louis Muenkel to approve the minutes as written. The motion was seconded by Angelo Guiliano.
Roll Vote: Robert Hendrickson, Yes
Angelo Guiliano, Yes
Denise Pitcher, Yes
Louis Muenkel, Yes
Leland Eaton, Yes
Motion Carried.
III. PUBLIC HEARINGS: None
IV. OLD BUSINESS: None
V. NEW BUSINESS: John McColgan, 244 Clinton Ave, Kingston, NY
(Liberty Pipe & Supply Inc.) Variance #Z2005-02 - Corner of Route 32 and Maple Hill Lane - Commercial Drainage supply yard.
Richard Roth, the engineer for John McColgan, stated that property was currently zoned residential and Mr. McColgan was asking for a use variance to use the property in a commercial manner. The proposed use is for drainage supply products such as culverts, catch basins, etc. The current building on the property would be removed. A site plan was submitted showing the proposed use and the planting that would be done around the property to preserve the character of the neighborhood. The site would be for retail use.
Robert Hendrickson advised Mr. Roth and Mr. McColgan that the current owner of the property, who is not Mr. McColgan, had to meet the criteria for a variance and that the code was written to protect the people of the town. Harry Skerritt, building inspector, noted that the owner of the property needs to meet the criteria for a use variance and the qualifications are very hard to prove. Mt. Hendrickson felt that a public hearing was not an option as the owner of the property had not meet the criteria for a use variance. Mr. Hendrickson suggested to the applicant to talk to Supervisor Gallagher and other members of the Town Board for their input for use of the property on the other side of the thruway. Several Maple Hill residents were concerned about the increased traffic and were opposed to the proposed variance.
VI. CORRESPONDENCE:
A. Letter from Mary Ann Tapley regarding bankruptcy notice for Independent Wireless One Corporation
B. Letter from Harry Skerritt, building inspector, regarding application received from Fleet Global Work Place - New England Region regarding renovation of the current entrance/vestibule area of bank located at 1066 Route 32, Rosendale, NY
C. Zoning Bulletin - January 25, 2005, February 10 & 25, 2005
D. Summary of use variance and area variance criteria received from the NY Planning Federation
E. Hidden Forest Proposed Development - letter from Jere Brown, Planning Board Chairman to Hurley Planning Board Chairman, Paul Hakim
F. Letter from Supervisor Gallagher requesting representation from the ZBA at the GIS demonstration at the Town of Lloyd - March 23, 2005
A motion was made by Louis Muenkel to close the meeting at 8:35 PM. The motion was seconded by Angelo Guiliano.
Roll Vote: Robert Hendrickson, Yes
Denise Pitcher, Yes
Angelo Guiliano, Yes
Leland Eaton, Yes
Louis Muenkel, Yes
Motion Carried.
The next meeting will be held on Tuesday, April 19, 2005, at the Rosendale Recreation Center.
Respectfully submitted,
Judy Lenz, Recording Clerk
_____________________________________________________________________
TOWN OF ROSENDALE
ZONING BOARD OF APPEALS
Minutes of the April 19, 2005, Meeting
Chairman, Robert Hendrickson, called the meeting to order at 7:30 PM at the Town of Rosendale Recreation Center on Route 32, Rosendale, NY.
I. ROLL CALL: Robert Hendrickson, Chairman, Present
Denise Pitcher, Present
Louis Muenkel, Present
Leland Eaton, Present
Angelo Guiliano, Absent
II. MINUTES OF THE PREVIOUS MEETING, MARCH 15, 2005. A motion was made by Leland Eaton to approve the minutes as written. The motion was seconded by Denise Pitcher.
Roll. Vote: Robert Hendrickson, Yes
Leland Eaton, Yes
Denise Pitcher, Yes
Louis Muenkel, Yes
Motion Carried.
III. PUBLIC HEARINGS: None
IV. OLD BUSINESS: None
V. NEW BUSINESS: None
VI. CORRESPONDENCE:Ulster County Housing Consortium invitation to a review of housing challenges in
Ulster County.
Spring Planning Seminar Series - April 28 and May 16, 2005
A motion was made by Robert Hendrickson to close the meeting @ 8:10 PM. The motion was seconded by Denise Pitcher.
Roll Vote: Robert Hendrickson, Yes
Leland Eaton, Yes
Denise Pitcher, Yes
Louis Muenkel, Yes
Motion Carried.
The next meeting will be held on Tuesday, May 17, 2005, at the Rosendale Recreation Center.
Respectfully submitted,
Judy Lenz
________________________________________________________________________
TOWN OF ROSENDALE
ZONING BOARD OF APPEALS
Minutes of the May 17, 2005, Meeting
Chairman, Robert Hendrickson, called the meeting to order at 7:30 PM at the Town of Rosendale Recreation Center on Route 32, Rosendale, NY.
I. ROLL CALL: Robert Hendrickson, Chairman, Present
Denise Pitcher, Present
Louis Muenkel, Present
Leland Eaton, Present
Angelo Guiliano, Absent
II. MINUTES OF THE PREVIOUS MEETING, April 19, 2005. A motion was made by Leland Eaton to approve the minutes as written. The motion was seconded by Robert Hendrickson.
Roll Vote: Robert Hendrickson, Yes
Denise Pitcher, Yes
Louis Muenkel, Yes
Leland Eaton, Yes
Motion Carried.
III. PUBLIC HEARINGS: None
IV. OLD BUSINESS: None
V. NEW BUSINESS: None
VI. CORRESPONDENCE: Zoning Bulletin - Vol. 53, #5, March 10, 2005Zoning Bulletin - Vol. 53, #6, March 25, 2005
Zoning Bulletin - Vol. 53.#7, April 10, 2005
Zoning Bulletin - Vol. 53, #8, April 25, 2005
A motion was made by Louis Muenkel to adjourn the meeting at 8:15 PM. The motion was seconded by Denise Pitcher.
Roll Vote: Robert Hendrickson, Yes
Leland Eaton, Yes
Denise Pitcher, Yes
Louis Muenkel, Yes
Motion Carried.
The next meeting will be held on Tuesday, June 21, 2005, at the Rosendale Recreation Center.
Respectfully submitted,
Judy Lenz
AGENDA
ROSENDALE ZONING BOARD OF APPEALS
JUNE 21, 2005
I. ROLL CALL
II. MINUTES OF PREVIOUS MEETING, MAY 17, 2005
III. PUBLIC HEARINGS:
None
IV. OLD BUSINESS:
None
V. NEW BUSINESS:
(Informational only at this time) Marge Warren, Binnewater Road (across
from property of John Rowe) Interested in pumping water from caves for
commercial sale.
VI. CORRESPONDENCE:
Zoning Bulletin, Volume 53, Number 9, May 10, 2005
THE NEXT ROSENDALE ZONING BOARD OF APPEALS MEETING WILL BE HELD ON TUESDAY, JULY 19, 2005 @ 7:30 PM AT THE ROSENDALE RECREATION CENTER.
TO BE ON THE AGENDA, CLERK MUST RECEIVE SUBMISSIONS ON OR
BEFORE JULY 5, 2005.
________________________________________________________________________
TOWN OF ROSENDALE
ZONING BOARD OF APPEALS
Minutes of the June 21, 2005, Meeting
Chairman, Robert Hendrickson, called the meeting to order at 7:30 PM at the Town of Rosendale Recreation Center on Route 32, Rosendale, NY.
I. ROLL CALL: Robert Hendrickson, Chairman, Present
Louis Muenkel, Present
Leland Eaton, Present
Denise Pitcher, Absent
Angelo Guiliano, Absent
II. MINUTES OF THE PREVIOUS MEETING, May 17, 2005. A motion was made by Louis Muenkel to approve the minutes as written. The motion was seconded by Leland Eaton.
Roll Vote: Robert Hendrickson, Yes
Louis Muenkel, Yes
Leland Eaton, Yes
Motion Carried.
III. PUBLIC HEARINGS: None
IV. OLD BUSINESS: None
V. NEW BUSINESS: None
VI. CORRESPONDENCE: Zoning Bulletin, Volume 53, #10, May 25, 2005
Zoning Bulletin, Volume 53, #11, June 10, 2005
Zoning Bulletin, Volume 53, #12, June 25, 2005
A motion was made by Louis Muenkel to adjourn the meeting at 8:05 PM. The motion was seconded by Leland Eaton.
Roll Vote: Robert Hendrickson, Yes
Louis Muenkel, Yes
Leland Eaton, Yes
Motion Carried.
The next meeting will be held on Tuesday, August 16, 2005, at the Rosendale Recreation Center.
Respectfully submitted,
Judy Lenz, Recording Clerk
___________________________________________________________________________
TOWN OF ROSENDALE
ZONING BOARD OF APPEALS
Minutes of the July 19, 2005, Meeting
Chairman, Robert Hendrickson, called the meeting to order at 7:30 PM at the Town of Rosendale Recreation Center on Route 32, Rosendale, NY , 12401.
Chairman Hendrickson dedicated the meeting to Angelo Guiliano, board member, who passed away last week.. Mr. Guiliano was an excellent board member and will be greatly missed.
I. ROLL CALL: Robert Hendrickson, Chairman, Present
Louis Muenkel, Present
Denise Pitcher, Present
Leland Eaton, Present
II. MINUTES OF THE PREVIOUS MEETING, June 21, 2005. A motion was made by Louis Muenkel to approve the minutes as written. The motion was seconded by Denise Pitcher.
Roll Vote: Robert Hendrickson, Yes
Louis Muenkel, Yes
Denise Pitcher, Yes
Leland Eaton, Yes
Motion Carried.
III. PUBLIC HEARINGS: None
IV. OLD BUSINESS: None
V. NEW BUSINESS:
William Brooks, Variance #Z2005-03, 369 Main Street, Rosendale, NY.
Mr. Brooks is proposing to remove a deteriorated one-story, 2 car garage and replace it with a 16 X 22 professional office, a two car garage with a second floor, one bedroom apartment on his property @ 369 Main Street, Rosendale, NY. The site is in a B1 zone. The building inspector gave approval for the structure, however, because of the addition of a second floor apartment on an undersized lot, the variance from the Zoning Board is required. Chairman Hendrickson advised Mr. Brooks that a public hearing would be scheduled for the next Zoning Board meeting to be held on Tuesday, August 16, 2005.
Ginalyn Dambra, Variance #Z2005-04, 169 Maple Hill Drive, Kingston, NY.
Ginalyn Dambra is proposing to add an accessory apartment to her two story dwelling located on her property at 169 Maple Hill Drive, Kingston, NY. The prior house was destroyed by fire last year. The proposed apartment would occupy the 522 foot basement space. Plumbing is currently in for the bathroom, however, would have to be added for the kitchen if the apartment was approved for addition. This application was previously before the Planning Board. The Planning Board referred this application to the Zoning Board. If the house had not burned down last year, the apartment would not have needed a special use permit as the principle dwelling existed prior to January 1, 1995, zoning law. The present dwelling was rebuilt after the fire and after the zoning law went into effect, and therefore, requires a special use permit for the apartment. Chairman Hendrickson advised Ms. Dambra that a public hearing would be scheduled for the next Zoning Board meeting to be held on Tuesday, August 16, 2005.
VI. OTHER BUSINESS:
Eric Wilhelm, who lives in the Tillson Estates (house previously owned by Ernie Hopper) is interested in turning his existing house into a two-family residence in order to provide housing for his parents. Mr. Wilhelm is looking for information only at this time and has not completed an application. Chairman Hendrickson advised Mr. Wilhelm that you could put bedrooms and a living room, however, could not put in a kitchen, a separate entrance, separate utility meters, etc.
Living space only, with no kitchen, access to the existing house, and no separate utilities would probably be allowed. Mr. Hendrickson advised Mr. Wilhelm that the hardship relating to the property was unique and the hardship was self-created. It was not felt that a variance would be granted if applied for.
VII. CORRESPONDENCE:
Zoning Bulletin, Volume 53, #10, May 25, 2005
Zoning Bulletin, Volume 53, #11, June 10, 2005
Zoning Bulletin, Volume 53, #12, June 25, 2005
A motion was made by Denise Pitcher to adjourn the meeting at 8:55 PM. The motion was seconded by Louis Muenkel.
Roll Vote: Robert Hendrickson, Yes
Louis Muenkel, Yes
Leland Eaton, Yes
Motion Carried.
The next meeting will be held on Tuesday, August 15, 2005, at the Rosendale Recreation Center.
Respectfully submitted,
Judy Lenz, Recording Clerk
______________________________________________________________________
TOWN OF ROSENDALE
ZONING BOARD OF APPEALS
Minutes of the August 16, 2005, Meeting
Chairman, Robert Hendrickson, called the meeting to order at 7:30 PM at the Town of Rosendale Recreation Center on Route 32, Rosendale, NY, 12401.
I. ROLL CALL: Robert Hendrickson, Chairman, Present
Louis Muenkel, PresentLeland Eaton, Present
Denise Pitcher, Absent
Tom Fiore, Building Inspector, Present
II. MINUTES OF THE PREVIOUS MEETING, July 19, 2005. A motion was made by Louis Muenkel to approve the minutes as written. The motion was seconded by Leland Eaton.
Roll Vote: Robert Hendrickson, Yes
Louis Muenkel, Yes
Leland Eaton, Yes
Motion Carried.
III. PUBLIC HEARINGS:
William Brooks, Variance #Z2005-03, Tax Map #62.082-4-7, 369 Main St, Rosendale, NY. Mr. Brooks is proposing to remove a deteriorated one-story, 2 car garage and replace it with a 16 X 22 professional office, a two-car garage with a second floor, one bedroom apartment on his property at 369 Main St, Rosendale. The building inspector gave approval for the structure, however, because of the addition of a second floor apartment on an undersized lot, a variance was required from the Zoning Board of Appeals. The square footage of the proposed apartment would be 960 square foot. Building Inspector, Tom Fiore, advised that there was enough parking for the amount of spaces that he would need for his tenants. The parking spaces that are listed on the plan are oversized parking spaces, they are wider and longer than required. Mr. Brooks noted that the Water and Sewer Dept. has not yet been contacted, however, he advised that there would be two separate water lines. Chairman Hendrickson saw no impact on Main Street and did not feel that the granting of the variance would be detrimental to anyone. There was no input from the public.
A letter was received from the Rosendale Planning Board advising that they are in favor of this proposal.
Chairman Hendrickson closed the public hearing and advised Mr. Brooks that a decision would be made within 62 days.
Roll Vote: Robert Hendrickson, Yes
Leland Eaton, Yes
Louis Muenkel, Yes
Motion Carried.
Ginalyn Dambra, Variance 2005-04, Tax Map #62.016-3-4, 169 Maple Hill Drive, Kingston, NY. Ginalyn Dambra is requesting approval of a variance for an accessory apartment in a one-family dwelling on her property located at 169 Maple Hill Drive, Kingston, NY. Building Inspector, Tom Fiore advised the board that the original building was destroyed by fire and they are rebuilding the house. The applicant would like to add an apartment in her basement which would consist of a living area, kitchen and bathroom for a one person rental. Mr. Hendrickson noted that the only impact was setting a precedent for new construction in a R1 zone. The applicant would be creating a R2 situation in a R1 zone. It was determined that the new house would be built on the existing foundation and would be considered as a repair, rather than new. Therefore, it was felt that the house existing prior to January 1995 when the new zoning changes went into effect and a favorable response should be granted. Mr. Shuster will be consulted regarding whether this should be treated as an interpretation of the zoning laws or as a variance. A neighbor stated that the granting of this variance was favorable to most of the neighbors. The public hearing was closed by Robert Hendrickson and the applicant was advised that a decision would be made within 62 days.
Roll Vote: Robert Hendrickson, Yes
Leland Eaton, Yes
Louis Muenkel, Yes
Motion Carried.
IV. OLD BUSINESS: None
V. NEW BUSINESS:
Frank Natoli and Turco Brothers submitted applications to the Zoning Board requesting a zoning change on their property located at the intersection of Route 32 and River Road from a an "A" zone to a "B-2" zone. Mr. Natoli is interested in developing his 15 acre lot by putting in self-storage buildings. Chairman Hendrickson questioned Mr. Natoli on his reason for being before the Zoning Board as he was requesting a Zoning change and should be before the Town Board. Mr. Natoli advised he went before the Planning Board who in turn sent him to the Town Board who referred him to the Zoning Board. A letter was received from the Planning Board advising that they had not received the proper application or site plan from the applicant nor a request from the Town Board for their recommendation. Mr. Hendrickson advised Mr. Natoli that the only Board that could do a Zoning Code change was the Town Board. Chairman Hendrickson advised Mr. Natoli to contact the Building Inspector and to contact the Town Board so that he could be on their agenda for September meeting.
VI. CORRESPONDENCE:
Zoning Bulletin, Volume 53, Number 13, July 10, 2005
Zoning Bulletin, Volume 53, Number 14, July 25, 2005
FJN Properties - Frank Natoli, Major Subdivision 81.1-29.100
William Brooks - Planning Board recommendation
Ginalyn Dambra - Planning Board recommendation
Fiscal year expenses for the Zoning Board
2005 Information & Registration for NYPF Conference
Fred Greitzer also advised the Zoning Board that he was the official liaison for the Planning Board.
A motion was made by Louis Muenkel to adjourn the meeting at 8:45 PM. The motion was seconded by Leland Eaton.
Roll Vote: Robert Hendrickson, Yes
Louis Muenkel, Yes
Leland Eaton, Yes
Motion Carried.
The next meeting will be held on Tuesday, September 20, 2005, at 7:30 PM at the Rosendale Recreation Center.
Respectfully submitted,
Judy Lenz, Recording Clerk
________________________________________________________________
TOWN OF ROSENDALE
ZONING BOARD OF APPEALS
Minutes of the September 20, 2005, Meeting
Chairman, Robert Hendrickson, called the meeting to order at 7:30 PM at the Town of Rosendale Recreation Center on Route 32, Rosendale, NY 12472.
Chairman Hendrickson introduced new Board Member, John Maylie. Mr. Maylie is replacing Board Member, Angelo Guiliano, who recently passed away. A warm welcome to John Maylie.
I. ROLL CALL: Robert Hendrickson, Chairman, Present
Louis Muenkel, Present
Denise Pitcher, Present
Leland Eaton, Present
John Maylie, Present
Tom Fiore, Building Inspector, Present
II. MINUTES OF THE PREVIOUS MEETING, August 18, 2005. A motion was made by Leland Eaton to approve the minutes as written. The motion was seconded by Louis Muenkel.
Roll Vote: Robert Hendrickson, Chairman, Yes
Leland Eaton, Yes
Louis Muenkel, Yes
Denise Pitcher, Abstain
John Maylie, Abstain
Motion Carried.
III. PUBLIC HEARINGS:
None
IV. OLD BUSINESS:
William Brooks, Variance #Z2005-03, Tax Map #52.082-4-7, 369 Main St, Rosendale, NY. Mr. Brooks has submitted an application to the Rosendale Zoning Board of Appeals for an area variance in order to appeal section 75-15D and Section 75-28D (5) of the Town of Rosendale code regarding lot area for mixed use. Mr. Brooks is proposing to remove a deteriorated one story, 2 car garage and replace it with a professional office, two bay garage with a second floor, one bedroom apartment in a B-1 zone served by Town sewer and water. Mr. Brooks has submitted a plot plan depicting the proposed building, setbacks and parking. The application was referred to the Rosendale Planning Board for their recommendation (which was favorable) and a public hearing was held on August 16, 2005. A motion was made to approve the variance by Lou Muenkel and seconded by Leland Eaton as the variance requested observes the spirit of the law and would not change the character of the district as the area is currently a mixed use-residential/business area and would preserve and protect the character of the neighborhood.
Roll Vote: Robert Hendrickson, Yes
Leland Eaton, Yes
Louis Muenkel, Yes
Denise Pitcher, Yes
John Maylie, Abstain
Motion Carried.
John Maylie questioned reason why four points were not covered regarding variance. Mr. Maylie felt that all four points need to be covered. Dan Shuster would be contacted in regard to this matter as he prepared the positive response to the variance.
Ginalyn Dambra, Variance #Z2005-04, Tax Map #62.016-3-4, 169 Maple Hill Drive, Kingston, NY. Ms. Dambra has submitted an application to the Rosendale Zoning Board of Appeals for an interpretation in order to appeal Section 75-28D and Section 75-35B of the Town of Rosendale Code to add an accessory apartment to her newly constructed one family home. The applicant has submitted a plot plan depicting the proposed apartment and parking area. The application was referred to the Rosendale Planning Board for their recommendations (which were favorable) and a duly publicized public hearing was held on August 16, 2005. A motion was made by Leland Eaton and seconded by Denise Pitcher to approve this application as an interpretation for Ginalyn Dambra to add a one-bedroom accessory apartment to her newly constructed one-family home. The Zoning Board of Appeals of the Town of Rosendale interprets section 75-28.d (12) (a) "age of structure" as to apply in this case since the older home on the site was destroyed by fire in 2004 and the house is being build on the same foundation which existed prior to the Zoning Law which went into effect January 1, 1995.
Roll Vote: Robert Hendrickson, Chairman, Yes
Leland Eaton, Yes
Denise Pitcher, Yes
Louis Muenkel, Yes
John Maylie, Abstain
Motion Carried.
V. NEW BUSINESS:
None
VI. CORRESPONDENCE:
Zoning Bulletin - Volume #53, Number 15, August 10, 2005
A motion was made by Denise Pitcher to close the meeting at 8:25 PM. The motion was seconded by Louis Muenkel.
Roll Vote: Robert Hendrickson, Chairman, Yes
Denise Pitcher, YesLouis Muenkel, Yes
Leland Eaton, Yes
John Maylie, Yes
Motion Carried.
The next meeting will be held on Tuesday, October 18, 2005, at 7:30 PM at the Rosendale Recreation Center.
Respectfully submitted,
Judy Lenz, Recording Clerk
_____________________________________________________________________
T0WN OF ROSENDALE
ZONING BOARD OF APPEALS
Minutes of the October 18, 2005, Meeting
Chairman, Robert Hendrickson, called the meeting to order at 7:30 PM at the Town of Rosendale Recreation Center on Route 32, Rosendale, NY, 12472.
I. ROLL CALL: Robert Hendrickson, Chairman, Present
Louis Muenkel, Present
John Maylie, Present
Leland Eaton, Present
Denise Pitcher, Absent
II. MINUTES OF THE PREVIOUS MEETING, September 20, 2005. John Maylie requested that the Ginalyn Dambra variance #Z2005-04 be changed to rebuilding the house on the same foundation. The minutes stated that the house is being built on the same foundation. A motion was made by John Mayle to approve the minutes as revised. The motion was seconded by Louis Muenkel.
Roll Vote: Robert Hendrickson, Chairman, Yes
Leland Eaton, Yes
John Maylie, Yes
Louis Muenkel, Yes
Motion Carried.
III. PUBLIC HEARINGS:
None
IV. OLD BUSINESS:
None
V. NEW BUSINESS:
Thomas Hayes, #Z2005-05, 854 Route 32, Tillson, NY
Request for variance for violation received for pre-existing fence (height). Mr. Hayes was not present at the meeting. The building inspector and code enforcer would be notified. Mr. Hayes would be called to notify him that he would be put on the agenda for November.
VI. CORRESPONDENCE:
Zoning Bulletin, Volume 53, Number 15, August 10, 2005
Zoning Bulletin, Volume 53, Number 17, September 10, 2005
Quinlan’s 5-year zoning law digital library
Planning Seminar Series - October 25th and November 14th - 7 - 9:30 PM
Planning Board fee schedule
A motion was made by Louis Muenkel to close the meeting at 8:15 PM. The motion was seconded by Leland Eaton.
Roll Vote: Robert Hendrickson, Yes
Louis Muenkel, Yes
John Maylie, Yes
Leland Eaton, Yes
Motion Carried.
The next meeting will be held on Tuesday, November 15, 2005, at 7:30 PM at the Rosendale Recreation Center.
Respectfully submitted,
Judy Lenz
_________________________________________________________________________
TOWN OF ROSENDALE
ZONING BOARD OF APPEALS
Minutes of the November 15, 2005, Meeting
Chairman, Robert Hendrickson, called the meeting to order at 7:30 PM at the Town of Rosendale Recreation Center on Route 32, Rosendale, NY 12472.
I. ROLL CALL: Robert Hendrickson, Chairman, Present
Louis Muenkel, Present
Denise Pitcher, Present
John Maylie, Present
Leland Eaton, Present
Also Present, Tom Fiore, Building Inspector and Dave Massimi, Code Enforcer
II. MINUTES OF THE PREVIOUS MEETING, October 18, 2005. A motion was made by John Maylie and seconded by Louis Muenkel to approve the minutes as written.
Roll Vote: Robert Hendrickson, Chairman, Yes
Leland Eaton, YesJohn Maylie, Yes
Louis Muenkel, Yes
Denise Pitcher, Yes
Motion Carried.
III. PUBLIC HEARINGS:
None
IV. OLD BUSINESS:
None
V. NEW BUSINESS:
Thomas Hayes, #Z2005-05, 854 Route 32, Tillson, NY. Mr. Hayes received a "notice of apparent violation" from David A. Massimi, Code Enforcement Officer, as the fence in his front yard exceeds the allowable height of four feet. Mr. Hayes has submitted a completed application, along with payment, to the board for a variance request. Mr. Hayes states that when he called the building inspectors office six years ago he was told that the only requirement for fence installation was that it needed to be three feet off of Route 32. He also questioned why he was be issued a violation at this time and not when the fence was erected. Chairman Hendrickson advised Mr. Hayes that the Town of Rosendale has been without a Code Enforcement Officer for several years and was now looking at violations in the zoning law. John Maylie advised Mr. Hayes of the steps that must be proven to the board before a variance can be granted. Mr. Fiore advised Mr. Hayes to cut off two feet from the bottom of the fence in the front and this would be resolved. Chairman Hendrickson asked Mr. Hayes if he would like to proceed with his variance request. Mr. Hayes wants to proceed and a public hearing is set for the next meeting to be held on December 20th.
David D. Reed, #Z2005-08, 558 Rt, 213, Rosendale, NY. An appeal to the building permit issued to Mr. Reed on September 26, 2005, was received from Maria Adishian on October 27, 2005. Mr. Reed stated that he was aware of the complaint and did not feel they were qualified. Building Inspector, Tom Fiore, feels permit that the building permit that was issued was justified and within his rights. He feels that Ms. Adishian does not have all of the facts. Maria Adishian was not present at this time, however, did show for the meeting after Mr. Reed had stated his case. Chairman Hendrickson questioned Mr. Reed about the variance requested two years ago. Mr. Reed stated that at that time he was requesting a variance for a two family dwelling. That variance request was denied. Mr. Reed has since received a building permit for a one story addition to the rear of the building. That addition does meet the setback requirements. Mr. Reed stressed that their was only one kitchen in the building. Mr. Fiore has put a stop work order on the permit issued as the appeal was received from Ms. Adishian. John Maylie advised Mr. Reed that the code reads that the stop work order would remain unless their was a public health risk. Mr. Reed advised the board that he would bring a current survey to the next meeting. Chairman Hendrickson advised Mr. Reed that a public hearing would be scheduled for our next meeting on Tuesday, December 20th.
Earthmagic Realty, LLC, #Z2005-06, 236 Hillside Terrace, Kingston, NY. An application, along with payment, has been received requesting a permit for use of vacant property on the corner of Tillson Road and Craig Avenue. The proposed site would be used for a parking area for employees of a commercial business across the street. The applicant is looking for relief of the 35 foot front yard setback requirements. A site location and boundaries map was received. Also in receipt was a letter signed by the owner of the property, Louella P. Brown, dated September 21, 2005, appointing Earth Magic, LLC and/or Gary Mulligan as agent for the sole purpose of seeking Town approvals, building permits, site plans, variances, etc. for use of said parcel as a parking lot. Mr. Mulligan advised the board that the area would be a private parking lot, paved and have one driveway. Chairman Hendrickson advised Mr. Mulligan that a public hearing would be set for the next meeting scheduled for Tuesday, December 20th.
Joseph O’Brien, Z2005-07, 74 Mossy Brook Road, High Falls, NY. Mr. O’Brien is looking for a minor subdivision of 7.25 acres on his property at 74 Mossy Brook Rd, SW Center Rd and Mossy Brook Rd across from High Falls Park. The road frontage that Mr. O’Brien is requesting is 130’ instead of the required 150’. Mr. O’Brien presented a sketch to the board and explained his proposed subdivision. Chairman Hendrickson advised Mr. O’Brien that there was already three public hearings scheduled for the month of December, therefore, his public hearing would be set for the meeting January 17th, 2006.
VI. CORRESPONDENCE
Zoning Bulletin, Volume 53, Number 20 - October 25, 2005
A motion was made by John Maylie to close the meeting at 8:45 PM. The motion was seconded by Louis Muenkel.
Roll Vote: Robert Hendrickson, Chairman, Yes
John Maylie, Yes
Louis Muenkel, Yes
Denise Pitcher, Yes
Leland Eaton, Yes
Motion Carried.
Respectfully submitted,
Judy Lenz
________________________________________________________________________
TOWN OF ROSENDALE
ZONING BOARD OF APPEALS
Minutes of the December 20, 2005, Meeting
Chairman, Robert Hendrickson, called the meeting to order at 7:30 PM at the Rosendale Community Center on Route 32, Rosendale, NY 12472.
I. ROLL CALL: Chairman Robert Hendrickson, Present
Denise Pitcher, PresentLeland Eaton, Present
John Maylie, Present
Louis Muenkel, Absent
Also present, Tom Fiore, Building Inspector and Dave Massimi, Code Enforcer
II. MINUTES OF THE PREVIOUS MEETING, November 15, 2005. Board Member, John Mayle, asked to make corrections, as follows, so that it more accurately represents what was said at the last meeting.
Thomas Hayes (#Z2005-05) - 3rd sentence should read…he was told about the three feet off of Route 32 requirement but not the fence height requirement. Reason: this is what Mr. Maylie recalls was said and would conform to his statement paragraph 5-B (1).
David D. Reed (#Z2005-08) - 3rd sentence - delete permit after feels as it is not required.
5th sentence - change to read: Maria Adishian came in late to the meeting after the board had addressed her appeal and was informed that the board had scheduled a public hearing for her appeal at the December 20th meeting. At that time she could present her information. It was felt that this better represents what transpired without getting into too many details.
11th sentence - Building and Mr. Fiore, Town Building Inspector, confirmed this (only one kitchen in the building). Reason being - Tom did say this.
John Maylie made a motion to approve the minutes with these corrections. The motion was seconded by Denise Pitcher.
ROLL VOTE: John Maylie, Yes
Denise Pitcher, Yes
Leland Eaton, Yes
Robert Hendrickson, Yes
Motion Carried.
III. PUBLIC HEARINGS:
EARTHMAGIC REALTY, LLC, #Z2005-06, 236 Hillside Terrace, Kingston, NY. Gary Mulligan presented the application for the use permit. Mr. Mulligan would like to use the vacant property on the corner of Tillson Road and Craig Avenue for seasonal parking for employees of his commercial business across the street. The lot is approximately 100 X 76 feet and would enable parking of approximately 15 - 18 cars only, no buses and with no lighting planned. Parking would be from 7 to 9 AM and 2 to 4 PM during the school year. A paved curb is anticipated to be installed on Craig Avenue.
John Maylie: You asked for a variance on front and side and by code is 35’. What do you want to bring that down to?
Gary Mulligan: I would like to bring it as close to Tillson Road and Craig Ave. as I possibly can so that I can get the maximum number of cars in there. The most that I would like to see on Tillson Road is 10 feet, 3 feet on Craig Ave and 3 feet on the Fire House side.
John Maylie: Is this a use or area variance?
Tom Fiore: It was sent to the Planning Board for a use permit and they sent it to the Zoning Board as there were questions regarding setback requirements. As I see it, there is no structure, and there will be no structure because of the size of the lot. I don’t feel that it needs to meet the same setback requirements.
Robert Hendrickson: What section of the code are you asking for relief from?John Maylie: Article 75, Subsection 19
Billy Liggan: When Mr. Mulligan came before the Planning Board, the issue that was raised by Shuster Associates was the accessory parking lot in a residential area. Shuster also expressed concerns about the setbacks. Relief is being requesting on the use of the area and also the setback requirements and it may be both. The Planning Board did submit a letter to the Zoning Board advising that they were in favor of the variance request.
Robert Hendrickson: Everyone seems to be in agreement that there would not be a big impact on the community and would have low impact visually. Cars would also be kept off of the main road.
Denise Pitcher: Noted that it was very important as a safety feature for Mr. Mulligan’s employees to have a parking area and felt that it was a benefit to the community. The parking lot can always be redone at a later time and is nothing permanent.
Denise Pitcher: Do you have any intention of fencing the parking lot?
Mr. Mulligan: That depends on what the Planning Board wants me to do. They did say that they would like some kind of screening.
Chairman Hendrickson closed the public hearing as there was no additional comments. Mr. Mulligan was advised that the Zoning Board has 62 days to make their decision. Mr. Mulligan was reminded that the Board needed the four issues to be addressed in writing for both the use and area variances.
Roll Vote: Robert Hendrickson, Yes
Denise Pitcher, Yes
Leland Eaton, Yes
John Maylie, Yes
Motion Carried.
THOMAS HAYES, Z2005-05, 854 Route 32, Tillson, NY. Violation for fence height in front yard. Mr. Hayes said that he called the building inspector’s office and spoke to a women (3 times) and advised her that he was putting up a 6 foot fence. The women at the building inspector’s office had to check with someone else. Mr. Hayes was then told that he only had to keep his fence back a certain amount of feet from the road. Mr. Hayes was upset due to the fact that his fence was put up five years ago and, at that time, he was not told about the height of his fence and is only now getting a violation.
Mr. Fiore: Advised that the post were in cement - not the fence. The bottom of the fence could be cut back. He felt that a precedence would be set if the variance was allowed.
John Maylie: Felt that Mr. Hayes was not told about the height requirement and, as was stated earlier, if allowed, a precedence would be set. Also, feels variance is an area variance, not a use variance
Denise Pitcher: Questioned visibility when pulling onto Route 32 from driveway with current fence height.
Mr. Hayes: Fence is in far enough so that you are past the fence before you pull onto Route 32.
Chairman Hendrickson closed the public hearing and advised Mr. Hayes that a decision would be made within 62 days.
Roll Vote: Robert Hendrickson, Yes
John Maylie, Yes
Leland Eaton, Yes
Denise Pitcher, YesMotion Carried.
MARIA ADISHIAN, Z2005-08, RE: (David Reed, Building Permit), 558 Rt. 213, Rosendale, NY. Attorney, John J. Greco, is representing applicant, Maria Adishian, who is appealing the building permit issued to David Reed on September 26, 2005, for a one story addition to the rear of Mr. Reed’s residence.
John J. Greco, Attorney: Addition proposed is 12’ X 16 ‘. Property is located in a R2 residential zone with municipal water and sewer. Total square footage of property is 5,628. Under Section 75.11 of the zoning code, density control schedule, R2 with both water and sewer, minimum lot area is 12,500 square foot. Non-conforming lot. The proposal for Mr. Reed to add an additional structure on his non-conforming lot would be in violation of Section 75.10 of the Town of Rosendale Zoning Code. This section indicates that no building or premises shall be erected, altered or used except in the accordance with the standards set forth in this chapter. The addition is not in accordance with the side line requirements. Issue with lot coverage and side yard. Section 75.31 was also read. Attorney Greco stated that the building permit should not have been issued and requested that the permit be rescinded and prohibit construction of the addition.
John Maylie: Requested clarification of Section 75.11, Section 75.10 and Section 75.31
From Mr. Greco.
Leland Eaton: Expressed concern that special consideration needed to be given to some cases as the lots were undersized to begin with.
John Greco: Felt that Mr. Reed needed to make application before the board for an area variance. He didn’t feel the Building Inspector could issue a building permit which violates the zoning code. This issue was addressed before the Zoning Board in a previous application dated 6/24/03 requesting conversion of a single family dwelling to a two family dwelling. At that time it was denied then due to several factors, one of them being density requirements. Also, no provision for parking.
Robert Hendrickson: What is the actual reason for the complaint other than violation of code?
Maria Adishian: We are very packed in now and there will be view.
Robert Hendrickson: Viewscapes are not addressed as criteria to stop a permit.
John Greco: Not asking for basing decision on viewscapes. Asking that provisions of code be enforced. Not in Mr. Fiore’s jurisdiction to vary from the zoning code. He needs to comply and enforce the zoning code and the only board that can vary from the zoning code is the zoning board of appeals.
Robert Hendrickson: In most cases when a case comes before the board and lots do not meet new construction codes, they are given special consideration as they pre-date the zoning law. When Mr. Fiore issues permits, the board generally goes along with it. The board tries to accommodate and give a little leeway. Mr. Greco was advised that Mr. Fiore does have the power to issue a permit and they try to work it out with little minimal mpact on the neighborhood.
Mr. Fiore: Permit was granted as current setbacks were not encroached.
David Reed: Currently has a caregiver living with him as he is disabled. Since the last denial from the zoning board in 2003, the downstairs kitchen was dismantled, sink and range removed. The refrigerator was left and the kitchen is now upstairs. A stair lift was installed prior to the caregiver residing with him. Feels Ms. Adishian’s letter of October 23, 2005, is incorrect. (Paragraph 1) Also referred to Zoning Chapter 75-31. Feels part of first sentence was left out by Mr. Greco. I have pictures of property line, survey of property line, and right of way. Property line was validated by Ms. Adishian’s surveyor who used same stakes that I had. Feels building permit was valid and feels Mr. Fiore would have advised if he felt a variance was needed. Operated in good faith. Feels challenge to building permit is without foundation.
John Greco: We are talking about area and bulk regulations. We are not talking about use. A residential use in a R2 zone is a conforming use and we are not challenging this as there is no issue in regard to the use. Building permit is in violation of the area requirements. Asking that provisions of code be enforced. If Mr. Reed is interested he should come back before the board for a variance and the board would consider it at that time.
A survey map prepared by Bert C. Winne was also presented to the board.
Robert Hendrickson asked Mr. Greco to submit to the board a copy of all of his notes, which he agreed to do.
The board members agreed that they need to go over the information provided.
Chairman Hendrickson closed the public hearing and notified applicant that a decision would be made within 62 days.
Roll Vote: Robert Hendrickson, Yes
Leland Eaton, Yes
Denise Pitcher, Yes
John Maylie, Yes
Motion Carried.
IV. OLD BUSINESS:
JOSEPH O’BRIEN, Z2005-07, Public hearing previously scheduled for January 17, 2006 meeting. Recommendation received from the Planning Board.
V. NEW BUSINESS:
MICHAEL DEFALCO, Z2005-09, 12 Alberts Ave., Rosendale, NY. Request for variance for multi-family dwelling in an A -1 Zone. Mr. DeFalco lives in 1200 square foot of the house and would like to convert the remainder to four, one bedroom units; two bedroom units upstairs and two downstairs. Total square footage of building is 3600 square foot in an A-Zone.
John Maylie: The Town Code does not support five-family dwellings. According to our code, you can have a one-family dwelling and possibly a two-family dwelling with a special use permit through the Planning Board. Multi-family dwellings are not allowed. Mr. DeFalco was advised that he could have a boarding house with a special use permit from the Planning Board. A boarding house would have no separate kitchens - rooms only for rent.
REQUEST FROM TOWN BOARD FOR INPUT ON LOCAL LAW #3 OF THE YEAR 2005 OF THE TOWN OF ROSENDALE
After a brief discussion, the Board’s recommendations are as follows:
The Town of Rosendale Zoning Board of Appeals fully supports the rezoning of the A Zone to I -1 mentioned in Local Law No. 3. To make this Light Industrial Zone a desirable location that would encourage new businesses to move to Rosendale, the following modifications are recommended:
1. Expand the area to be rezoned to at least 50 acres so that more businesses could move into the light industrial zone.
2. Change the private road to a Town road, widen it for two-way traffic and bring it up to county standards.
3. Require all utilities to be underground in the light industrial zone.
4. Insure that water and sewer facilities are provided to the zone.
VI. CORRESPONDENCE:
Zoning Board Fee Schedule
Recommendations from Planning Board for Earthmagic Realty Z2205-06
A motion was made by Denise Pitcher to close the meeting at 9:45 PM. The motion was seconded by Leland Eaton.
Roll Vote: Robert Hendrickson, Chairman, Yes
Denise Pitcher, Yes
Leland Eaton, Yes
John Maylie, Yes
Motion Carried.
Respectfully submitted,
Judy Lenz
