TOWN OF ROSENDALE ZONING BOARD OF APPEALS
Minutes of the February 21, 2006, Meeting

Chairman Robert Hendrickson called the meeting to order at 7:30 PM at the Rosendale Recreation Center on Route 32, Rosendale, NY 12472.

I. ROLL CALL: Chairman Robert Hendrickson, Present
Leland Eaton, Present
Denise Pitcher, Present
Louis Muenkel, Present
Ron Parenti, Present (Newly appointed member)
John Maylie, Absent

Also Present: Dave Massimi, Code Enforcement

II. MINUTES OF THE PREVIOUS MEETING, January 17, 2006. A motion was made to accept the minutes as written by Leland Eaton and second by Denise Pitcher.
Roll Vote: Denise Pitcher, Yes Leland Eaton, Yes
Robert Hendrickson, Yes Louis Muenkel, Abstain
Ron Parenti, Abstain
Motion Carried.

III. PUBLIC HEARING: Michael DeFalco, Z2005-09, (12 Alberts Lane) 2954 Rt. 32, Kingston, NY. (63.9-1-20) Maryann Donaldson, sister and designated representative for Mr. DeFalco, presented the property information and the request for a variance to allow a multi-family dwelling in an A-Zone. Property is approximately twelve acres with a 3600 sq. ft. residential structure. One-third of the property was renovated for the applicant’s primary residence. The request is to renovate the remaining part of the house and make it into four - one bedroom units with each being approximately 600 sq. ft. Each unit would have a kitchen, bathroom, living area and one bedroom. Total units requested is five. Property is surrounded by R-1 and R-2 Zones. Situation unique as it is the only parcel in the vicinity which contains a pre-existing residential structure. The financial hardship due to increased taxes, recent increase in homeowners insurance (as the structure is not finished), has created a burden. In order to cover these expenses the remainder of the structure needs to be completed and utilized. The impact, both financially to the applicant & to the spirit of the community, would be greater if used as a boarding house. A boarding house is allowed in an A-Zone. The applicant also stated that if the variance was granted, it would not interfere with the land in the vicinity and is consistent with the spirit of the Zoning Law. Also would have no impact on the surrounding area and would not alter the character of the neighborhood. A copy of the applicant’s letter was submitted for the record.
Fred Greitzer noted that new zoning was put into effect at the last Town Board meeting for the area in question. The area is now zoned light industrial.
Chairman Hendrickson advised that the Board needed to be very careful so as to not set a precedence. The applicant was reminded that they are looking for significant relief from the zoning law.
Frank Klepeis, Jr., neighbor, saw no problems sharing the right of way and felt that there would be no negative effect on him.John McGolgan, neighbor, also had no problem.
Valerie Dolan, neighbor across the street who owns vacant land, also had no problem.
The Planning Board has been asked for their recommendation.
Chairman Hendrickson closed the public hearing and advised the applicant she would be notified of the board’s decision.
Roll Vote: Robert Hendrickson, Yes Denise Pitcher, Yes
Leland Eaton, Yes Ron Parenti, Yes
Louis Muenkel, Yes
Motion Carried.

IV. OLD BUSINESS: Earthmagic Realty, LLC - Z2005-06.
The letter that was requested from Gary Mulligan regarding his variance application was received and reviewed.
A motion was made by Leland Eaton and seconded by Louis Muenkel to approve the application by Earthmagic Realty, LLC requesting a variance to permit a parking lot on property located on the corner of Tillson Road and Craig Avenue, Tillson, New York, Tax Map No. 70.43-4-40. Approval of the variance is subject to the condition that the parking lot be used for cars only and that there be no additional lighting.
Roll Vote: Robert Hendrickson, Yes Denise Pitcher, Yes
Louis Muenkel, Yes Leland Eaton, Yes
Ron Parenti, Abstain
Motion Carried.
A copy of the approval is on record with the Rosendale Town Clerk.

V. NEW BUSINESS: Aero Star Petroleum, Z2006-01, Request for an area variance for two - two dwelling buildings on property located at the intersection of Route 32 and Washington Ave, Rosendale, NY.
Steve Kalka, LLC, Business Consultant for Aero Star Petroleum, presented a preliminary site plan map showing the two dwellings that they would like to construct behind the gas station located at the above address. Aero Star Petroleum had previously been before the Planning Board and was denied as they need an area variance from the Zoning Board. The dwellings are proposed in a B-2 zone. The four dwelling units will require a minimum lot area of 50,000 feet or 1.147 acres. The total minimum lot area required for the convenient store and the two duplexes is 55,000 feet or 1.263 acres. The site falls short of this by about 5,600 feet which is about 10 percent of the total property. Dave Massiimi, Code Enforcer, noted that they need 1.26 acres and have 1.13 acres. The setback requirements and parking requirements are met. The current storm drain would be re-engineered. A public hearing will be scheduled for the March 21, 2006, meeting.

VI. CORRESPONDENCE:
Correspondence from Earthmagic Realty, LLC RE: Four issues for both area and use variance
Zoning Board of Appeals Area & Use Variance findings and decision - from Dan Shuster
Earthmagic Realty - Recommendation letter from Town of Rosendale Highway Superintendent
Renewal App to Cellco Partnership, T-Mobile USA, Nextel Communications and Omnipoint Communications
Environmental news relative to planning and zoning boardsZoning Bulletin - Volume 54, Number 1

A motion was made by Louis Muenkel to close the meeting at 8:45 PM. The motion was seconded by Leland Eaton.
Roll Vote: Robert Hendrickson, Yes Denise Pitcher, Yes
Louis Muenkel, Yes Leland Eaton, Yes
Ron Parenti, Yes
Motion Carried.

Respectfully submitted,

Judy Lenz, ZBA Recording Clerk

____________________________________________________________________

TOWN OF ROSENDALE ZONING BOARD OF APPEALS
Minutes of the March 21, 2006, Meeting

Chairman Robert Hendrickson called the meeting to order at 7:30 PM at the Rosendale Recreation Center on Route 32, Rosendale, NY 12472.

I. ROLL CALL: Chairman Robert Hendrickson, Present
Leland Eaton, Present Denise Pitcher, Present
Louis Muenkel, Present John Maylie, Present
Ron Parenti, Present
Also Present: Tom Fiore, Building Inspector

II. MINUTES OF THE PREVIOUS MEETING, February 21, 2006. A motion was made by John Maylie to approve the minutes as written. The motion was seconded by Louis Muenkel.
ROLL VOTE: Chairman Robert Hendrickson, Yes Leland Eaton, Yes
Louis Muenkel, Yes John Maylie, Abstain
Denise Pitcher, Yes Motion Carried.

III. PUBLIC HEARING: Aero Star Petroleum, Inc. - Z2006-01 - 1149 Rt. 32, Rosendale, NY.
Steve Kalka, LLC, Business Consultant is representing Aero Star Petroleum to request a variance for construction of two - two family duplexes behind the existing gas station on his property located at 1149, Rt. 32, Rosendale NY. Aero Star Petroleum is looking for a variance for approximately 10% of the total lot area.
Tom Fiore, Building Inspector, stated that they are looking for very little relief.
John Maylie questioned why Aero Star is combining a residential lot and a gas station?
Mr. Kalka stated that the reason is that, as explained to the Planning Board at their last meeting, is that the lot with a small variance is suitable and permissible by law. One of the problems is the neighbors looking at the back of a commercial site. This construction would actually act as a buffer or screening as the neighbors would be looking at a residential area rather than a commercial area. The area in question is one lot and would not be subdivided. John Maylie also questioned how they were planning to dissipate the run off of water.
Mr. Kalka advised that they would be working with the Town Engineer and the Planning Board. The Professional Engineer would have stamped plans and Mr. Kalka did not feel there would be any water problems with the neighbors.
Gene Markle, Steve Milton, Carl Welden and Wayne Quick stated concern about the water run off onto their properties, possibly flooding their homes. The new buildings would stop the water from seeping into the ground and would run off into their properties.
Robert Hendrickson advised that when Aero Star gets to the Planning Board, they will address the elevation and terrain issues.
Mr. Kalka advised that the water problem would not be worse as the Planning Board would not approve it. Also, they were not responsible for the person across the street who does not take care of his property (Fann’s Parking Lot). He also noted that this is the proposed plan, not the final plan. He advised that he is following code, going before the Zoning Board for a variance, then to the Planning Board for their approval.
Robert Sena, neighbor, asked for clarification with the elevation level. Will the ground be on the same level or terraced down from the gas station? Mr. Kalka advised that they cannot interfere with the swale or the natural flow of water and the building would have the proper elevation required. Mr. Hendrickson noted that this particular area of Rosendale has always had a problem with rain water run off.
John Maylie advised that the Planning Board has to see if this would have any impact on the environment or the physical quality of the neighborhood.
Mr. Fiore advised that without the variance from the Zoning Board, there would be no point in Aero Star Petroleum going before the Planning Board or hiring an engineer.
Robert Hendrickson said that if the variance is granted, Aero Star would have to go before the Planning Board and their main concern would be the rain water problem.
Denise Pitcher advised that weighing the benefit of the applicant against that of the neighbors, the Board has to consider the health, safety and welfare of the neighborhood when making their decision. The Board would consider the comments from the neighbors that were made.
Robert Hendrickson advised that the public hearing would be closed if there were not further public input. John Mayle made the motion to close the public hearing; the motion was seconded by Louis Muenkel.
Roll Vote: Robert Hendrickson, Yes John Maylie, Yes
Louis Muenkel, Yes Denise Pitcher, Yes
Leland Eaton, Yes Motion Carried.

IV. OLD BUSINESS: Michael DeFalco, Z2005-09, 12 Alberts Lane, Rosendale, NY. Request for a multi-family dwelling (5 family).
Mr. DeFalco presented documentation that was received from the Town Assessor, Laurie Porter, showing that for the 2004 and 2005 tax year the property was classified as a three family residence (code 230). Prior records showed that in 1992 when the property was purchased by Mr. DeFalco the property was classified also as a three family residence (code 230). The Assessors office had files back to 1986 which then showed the property classified as a rural residence with acreage (code 240). Rural Residence with Acreage is a year round residence with 10 or more acres of land and may have up to three year round dwelling units. In lieu of these finding, Mr. DeFalco, is requesting a variance for at least a three family residence.
Robert Hendrickson noted that the house was a three family dwelling, with three kitchens, when purchased as proved by the tax roll from the Town Tax Collector
John Maylie felt that the Board should take appropriate steps to continue to allow a three family dwelling and deny Mr. DeFalco’s request for a five family dwelling. Mr. Maylie made a motion to deny the variance for a five family dwelling. The motion was seconded by Louis Muenkel. Mr. DeFalco was advised to see the Building Inspector for the appropriate permit for a three family dwelling.
Roll Vote: Robert Hendrickson, Yes Denise Pitcher, Yes
John Maylie, Yes Leland Eaton, Yes
Louis Muenkel, Yes Motion Carried.

V. NEW BUSINESS: None

VI. CORRESPONDENCE:
Zoning Bulletin, Volume 54, Number 2, January 25, 2006
Zoning Bulletin, Volume 54, Number 4, February 26, 2006
Request for Alternate ZBA Member - Shuster Associates.
Guidelines for applicants to the Zoning Board of Appeals -
J.A. Coon Local Govt. Technical Series
Zoning Board of Appeals - All Statutory Changes through the 2005
Legislative Session
Hot Topics in State Law

A motion was made to close the meeting at 8:50 PM by Denise Pitcher. The motion was seconded by Louis Muenkel.
Roll Vote: Robert Hendrickson, Yes Denise Pitcher, Yes
Leland Eaton, Yes Louis Muenkel, Yes
John Maylie, Yes Motion Carried.

Respectfully Submitted,

Judy Lenz, ZBA Recording Clerk

______________________________________________________________________

TOWN OF ROSENDALE ZONING BOARD OF APPEALS
Minutes of the April 18, 2006, Meeting

Chairman, Robert Hendrickson called the meeting to order at 7:35 PM at the Rosendale Recreation Center on Route 32, Rosendale, NY, with the pledge to the flag.

I. ROLL CALL: Chairman Robert Hendrickson, Present
John Maylie, Present Louis Muenkel, Present
Leland Eaton, Present Denise Pitcher, Present
Also present, Tom Fiore, Building Inspector, Alternate Member, Ron Parenti

II. MINUTES OF THE PREVIOUS MEETING, March 21, 2006. A motion was made by John Maylie to approve the minutes as written. The motion was seconded by Louis Muenkel.

III. PUBLIC HEARINGS: None

IV. JOANNE MCPARLAND, 234 Cottekill Road. Question regarding appeal
#99-01 Dated May, 1999. Joanne McParland stated that last week she received telephone message from the Rosendale Code Enforcer that the shrubs (arvorvitae) that were in front of her fence in her front yard needed to be taken out. Mr. Massimi showed Joanne the conditions that were imposed when the variance was granted in 1999. The special conditions read "the applicant is responsible to remove all brushes and maintain the foliage for 15 feet from the edge of the pavement in front of the fence. The definition of the work "brush" was questioned. Joanne felt that this was something that people burn, junk, not shrubs or bushes. Chairman Hendrickson advised that brush was something that grows wild and is not maintained. The Cottekill Fire Department was asked if they had trouble when leaving their driveway and they asked that some of the vines on the corner of the fence be removed for better visibility. Chairman, Robert Hendrickson, advised that the board had to abide by the decision that was made in 1999 and nothing should be planted outside of the fence. John Maylie mentioned that the original variance in 1999 was pretty clear and that nothing is to be planted in front of the fence. If she wants to pursue further, a completed application can be submitted. It was also noted that a letter was in the file date June 8, 1999, from the Cottekill Fire Department opposing the installation of the fence. Tom Fiore, Building Inspector, and also a member of the Cottekill Fire Department, advised that yes, Joanne was at their last meeting and did ask if the bushes were a problem for the fire trucks when pulling out of the driveway. She was told that the bushes were not the problem, the fence was the problem when pulling from the driveway. Chairman Hendrickson informed Ms. McParland that she could appeal with a variance application and advised her to work with the building inspector and code enforcer.

V. OLD BUSINESS: Aero Star Petroleum, Inc. Z2006-01 - 1149 Rt. 32, Rosendale, NY. Request for two multi-family dwellings. The site was visited by board members and asked if the proposed buildings would require more fill. Tariq Gujar, the applicant, was not sure. Also questioned were the two white pipes coming out of the back of the building. Those pipes are for the water run off from the roof. Chairman Hendrickson also advised that the stormwater system behind the building has never been maintained. John Maylie noted that there are two water problems; one is the normal surface water and two is the storms bringing in more stormwater. The concern is to keep the neighbors happy. Planning Board Chairman, Billy Liggan advised that the Ulster County Storm Water Council would be contacted regarding the water problem behind the building in the swales. John Maylie also noted that the engineer stated at last month’s meeting that they did not plan to bring in fill to raise the elevation. If backfilling is to be done, that would raise the elevation. The problem is the stream going diagonally across the land. Ron Parenti wanted it put on record that the cart was being put before the horse. He felt that the water issue had to be addressed before a variance could be approved. It was noted that this is not the Zoning Board’s problem, however, it is a concern. The concern of the Zoning Board is for density relief only. John Maylie prepared a summary regarding the storm water issues and the water that runs through the property. He proposed that the variance be approved as the variance request is very small, however, he wants to highlight to the planning board that they pay particular attention to the water issues. He would like to approve the variance with the condition that the property improvements, at the minimum, would include drainage improvements that would reduce of potential storm water damage to the neighbors. A decision would be made at the next meeting, within the 62 day time frame.

V. NEW BUSINESS: John McColgan, Z2006-02, Restore Kelly’s Tavern on Maple Hill Rd and Rt. 32 and turn into office space. Mr. McColgan’s father-in-law represented the applicant. Mr. McColgan would like to build an office building, three floors, on an existing footprint on the old Kelly’s Tavern at Maple Hill Road and Route 32. John Maylie questioned why this wasn’t rezoned when his other property was rezoned. Property located in a R1 zone. Type of proposed use is normally found in B Zone. Chairman Hendrickson spoke with Mr. McColgan on the telephone and found that he wanted to put samples of his products in the office. Mr. McColgan is applying for a use variance, not a rezoning. Tom Fiore, Building Inspector, looked at the existing building and noted that the building does have a full foundation, all brick. A corner post needs to be replaced due to water damage from the gutter. As this is a significant variance request, all four criteria’s need to be addressed in writing. The balance of the fee for the application is also required - $10.00. A letter will be sent to the applicant. A public hearing will be scheduled for the May 16th meeting.

JACK GOULDSBURY OF 101 PARKCREST DRIVE, ROSENDALE wanted to address the problem he was having with his neighbor at 82 Parkcrest Drive.. His neighbor asked him for permission to extend his garage 1 ½ feet to 2 feet, which he verbally agreed to. Before the building permit could be issued, a variance was required due to the side yard setback requirements. Mr. Gouldsbury was sent a certified, return receipt letter for the original public hearing that he never picked up and it was sent back. A variance was approved for construction of a 22’ X 26" addition on the west side of his property and construction completed. Mr. Gouldsbury felt something was wrong and asked both the Building Inspector and Town Supervisor to look at it. Mr. Gouldsbury was told that there was nothing that the town could do - it was a legal matter. Mr. Gouldsbury hired a attorney and went to court. Mr. Gouldsbury would like to have this clarified by the town. Mr. Fiore also noted that a building permit is good for two years from date of issue. The original application and the minutes submitted by Mr. Eginger would be copied and sent to the Zoning Board members for their next meeting in May to review.

VI. CORRESPONDENCE:
Zoning Bulletin, Volume 54, Number 3, February 10, 2006
Zoning Bulletin, Volume 54, Number 5, March 10, 2006
Zoning Bulletin, Volume 54, Number 6, March 25, 2006
Continuing Ed - Biodiversity Assessment - May 16-18, 2006
Letter from Code Enforcement RE: James Fossett and/or Suzanne Stokes of Main St, Bloomington.

A motion was made to close the meeting at 9:35 PM by Louis Muenkel. The motion was seconded by Denise Pitcher.
ROLL VOTE: Chairman Robert Hendrickson, Yes Denise Pitcher, Yes
Leland Eaton, Yes Louis Muenkel, Yes
John Maylie, YesMotion Carried.

Respectfully submitted,

Judy Lenz, ZBA Recording Clerk

__________________________________________________________________________

TOWN OF ROSENDALE ZONING BOARD OF APPEALS
Minutes of the May 16, 2006, Meeting

Chairman Robert Hendrickson called the meeting to order at 7:30 PM at the Rosendale Recreation Center on Route 32, Rosendale, NY, with the pledge to the flag.

I. ROLL CALL: Chairman Robert Hendrickson, Present
John Maylie, Present Louis Muenkel, Present
Ron Parenti, Present Leland Eaton, Absent
Denise Pitcher, Absent

II. MINUTES OF THE PREVIOUS MEETING, April 18, 2006. A motion was made by John Maylie to approve the minutes as written. The motion was seconded by Louis Muenkel.

III. PUBLIC HEARINGS:
John McColgan, Z2006-02, Maple Hill Rd and Rt. 32 - Restore the former Kelly’s Tavern and turn into office space.
Mr. McColgan was represented at the public hearing by James O’Sullivan as Mr. McColgan was out of town. John Maylie read a letter from J. Michael Bruhn, Jr., Attorney At Law, to the Town of Rosendale ZBA in response to our request of May 2, 2006. Our request was for the applicant to address the four requirements for granting of a use variance. The letter stated that the subject property is bisected by power lines, a right of way by the NY Telephone Co, an emergency access road to the NYS Thruway and bordered by both the NYS Thruway and SR 32 making it undesirable for residences with small children. The poor condition of the building makes it unrealistic to consider renovating for use as a residence as opposed to office space. The hardship is unique as it does not apply to a substantial portion of the neighborhood. The neighbors sit back off of SR 32 and are buffered from the traffic noise. The hardship is not self-created as when Mr. McColgan purchased the property, the building was in the same poor, run-down condition as it currently exists. If the variance was granted it would not alter the character of the neighborhood as the property sits on the outer most fringe of the neighborhood and sits direct off of SR 32. Also the neighborhood is not completed residential as it presently stands, as the Town of Rosendale Police Dept. and Justice Court are located several hundred feet up Maple Hill Road and directly across the street from the Police Dept. is a warehouse.
Chairman Robert Hendrickson noted that this request had been discussed at a previous meeting and the problem that the board had was with the samples that would be on the property. A problem was not with the building; the building inspector had looked over the property and felt that the foundation was solid with a slight problem in a corner post due to water damage from the gutter. Mr. O’Sullivan stated that there would be approximately 20 different types of pipes 3 or 4 foot in length. A 3 story office building is planned.
Eric Morrow of 156 Maple Hill Drive, two doors away from site, noted that the area is totally residential. The proposed site has been derelict for approximately 40 years and has not been used as commercial property. Mr. Morrow felt that the foundation was not economically sound and saw no reason why it should not be residential. He felt that the sales office should be on the other side where his supplies are kept and not as a drive by business.
Susan Diamond of 177 Maple Hill Drive, felt that Mr. McColgan bought the property knowing the state of the building, the hardship would clearly affect the neighborhood, the 3 story office building with pipes would alter the character of the area and the hardship was self-created as the applicant knew the condition of the building when it was purchased. It was felt that it was important for the board to listen to the people in the neighborhood.
Tim Kerin of Maple Hill Drive, saw no logical argument. He felt that regardless of what it is fixed up as it is a derelict building. It can be turned into anything, it is the board’s job to be sure that the applicant meets the four criteria necessary for the use variance. Mr. Kerin felt that the proposed building would not be used as an office building, it would be used for commercial sales. Mr. Kerin also questioned who would enforce the length of the sample pipe on the property. Chairman Hendrickson advised that the Building Inspector and the Planning Board would enforce it.
Ellen Edwards of 147 Maple Hill Drive questioned the number of trucks that will be dropping off pipe and going up and down Maple Hill Drive.
Eric Morrow felt that they already have one facility that will have the pipe yard and felt that they should be able to put the office building on that property also.
James O’Sullivan, who represented Mr. McColgan, advised the there would be 6 to 8 employees total for the business and would have hours Monday through Saturday 9:00 AM to 6 PM.
John Maylie made a motion to close the public hearing. The motion was seconded by Louis Muenkel.
Roll Vote: Robert Hendrickson, Yes Louis Muenkel, Yes
John Maylie, Yes Ron Parenti, Yes
Motion Carried.
After the public hearing was closed, Mr. Maylie asked Mr. O’Sullivan why when he had applied for the other property zoning change, was this property not included at the same time? Mr. O’Sullivan advised that he wanted at least one property to get started. Mr. Maylie had checked the property with the Accessor’s office and found that the property was registered as residential property with improvements.
Chairman Hendrickson advised that this would not be an easy decision. He had spoken to Mr. McColgan and the house that he plans to build would look like a house, not a commercial building.
Mr. Kerin believes that the client should have been at the public hearing.
Mr. Hendrickson would like to see a mock up of what the building would look like when finished. He also felt that the applicant should meet with the neighbors to explain what he is planning to build. Mr. Maylie felt that this should all have been done before the public hearing and had plenty of time to do so.
Mr. Hendrickson advised that a decision would be made within 62 days.

IV. OLD BUSINESS:
Aero Star Petroleum, Inc. Z2206-01, 1149 Rt. 32, Rosendale, NY. Request for two multi-family dwellings.
Manna Jo Greene questioned the location of the property and voiced concern that she had walked the property with the Dept. of Transportation and found how serious the drainage in the area is. Ms. Greene was advised that the Planning Board would take care of the site plan and would address this issue.
Chairman Hendrickson advised that the board had discussed the issues and felt that they could vote now on the variance. The Chairman read the resolution advising that the proper application and fee was submitted, a plot plan was submitted depicting the proposed two duplexes, a public hearing was held and the percentage of relief from the code was small. The variance was approved for an area variance to construct two duplexes with the condition that the property improvements would include drainage improvements that would reduce the risk of potential storm water problems to the neighbors. A motion was made by John Maylie and seconded by Louis Muenkel to approve the resolution as read.
Roll Vote: Robert Hendrickson, Yes John Maylie, Yes
Louis Muenkel, Yes Ron Parenti, No
Motion Carried.

John Gouldsbury - 101 Parkcrest Drive, Rosendale, NY. - Review of Prior Application.
Chairman Hendrickson reviewed the prior application and file for Mr. Gouldsbury. Mr. Gouldsbury was shown the original plot plan that was approved by the Zoning Board in 2003. John Maylie advised Mr. Gouldsbury that the matter was now out of the board’s hands as the building was now completed and built in accordance to the approved variance. Mr. Gouldbury was advised that if he had disputed the permit, he needed to complete an application which he did not complete.

V. NEW BUSINESS: None

VI. CORRESPONDENCE:
Zoning Bulletin, Volume 54, Number 7, April 10, 2006
7th Annual Series Planning & Zoning Summer Schools

A motion was made by John Maylie to close the meeting at 8:55 PM and seconded by Louis Muenkel.
Roll Vote: Robert Hendrickson, Yes John Maylie, Yes
Louis Muenkel, Yes Ron Parenti, Yes
Motion Carried.

Respectfully Submitted,

Judy Lenz, Recording Clerk

______________________________________________________________________

TOWN OF ROSENDALE ZONING BOARD OF APPEALS
Minutes of the June 20, 2006, Meeting

Chairman Robert Hendrickson called the meeting to order at 7:30 PM at the Rosendale Recreation Center on Route 32, Rosendale, NY, with the pledge to the flag.

I. ROLL CALL: Chairman Robert Hendrickson, Present
Louis Muenkel, Present Denise Pitcher, Present
Leland Eaton, Present John Maylie, Absent
Ron Parenti, Alternate Member, Absent

II. MINUTES OF THE PREVIOUS MEETING, MAY 16, 2006. A motion was made by Louis Muenkel to approve the minutes as written. The motion was seconded by Robert Hendrickson.
Roll Vote: Robert Hendrickson, Yes Louis Muenkel, Yes
Leland Eaton, Yes Denise Pitcher, Yes
Motion Carried.

III. PUBLIC HEARINGS:
None

Mr. Fitzgerald, James St, Rosendale, NY (who was not on the agenda) asked to address the board in regard to adding two feet of lattice work to the top of his existing six foot fence for privacy. The existing fence is 40 feet from the road. Mr. Fitzgerald had previously been to see the Building Inspector and was told to see the Zoning Board in regard to a variance. Denise Pitcher advised Mr. Fitzgerald to use natural fencing (trees) for privacy. Chairman Hendrickson advised Mr. Fitzgerald to apply for a variance and to pay the required $60 fee. Provided a property completed application and fee was received, a public hearing would be scheduled for the July meeting.

IV. OLD BUSINESS:
John McColgan, Z2006-02, Restore Kelly’s Tavern on Maple Hill Rd & Rt. 32 and turn into office space. Chairman Hendrickson advised that the board’s decision would be made at the July 18th meeting.

V. NEW BUSINESS:
Michael Pavlov/Tim Leiching, 220 White Port Rd, Kingston, NY. Minor subdivision - undersize lot. A letter was received from owner, Michael V. Pavlov, authorizing Timothy Leiching and Kristina Pavlov-Leiching to represent himself at the meeting. The owner would like to subdivide his 32 acres of land and create a smaller building lot. The applicant supplied a survey map of the proposed minor subdivision. The smaller lot requested is 1.129 acres which is an undersized lot in a "A" District, therefore, requiring an area variance from the Zoning Board. The reason for the request for an undersized lot is to maintain the historical integrity of the property. Chairman Hendrickson advised the Leiching’s that a public hearing would be scheduled for the next meeting to be held on Tuesday, July 18th. The applicant was also advised that the balance of the application fee would need to be paid at the July meeting.

VI. CORRESPONDENCE:
Zoning Bulletin - Volume 54, Number 8 - 04/25/06
Zoning Bulletin - Volume 54, Number 9 - 05/10/06Zoning Bulletin - Volume 54, Number 10 - 05/25/06
Zoning Bulletin - Volume 54, Number 11 - 06/10/06
BS&K Zoning Breakfast Briefing - Ethical Issues for Planning & Zoning
Letter from Barbara Purchell regarding John McColgan Z2--6-02

A motion was made to close the meeting at 8:40 PM by Denise Pitcher. The motion was seconded by Leland Eaton.
Roll Vote: Robert Hendrickson, Yes Leland Eaton, Yes
Denise Pitcher, Yes Louis Muenkel, Yes
Motion Carried.

Respectfully submitted,

Judy Lenz, ZBA Recording Clerk

___________________________________________________________________

TOWN OF ROSENDALE ZONING BOARD OF APPEALS
Minutes of the July 18, 2006, Meeting

Chairman Robert Hendrickson called the meeting to order at 7:30 PM at the Rosendale Recreation Center on Route 32, Rosendale, NY, with the pledge to the flag.

I. ROLL CALL: Chairman Robert Hendrickson, Present
Louis Muenkel, Present Denise Pitcher, Present
Leland Eaton, Present John Maylie, Present
Ron Parenti, Alternate Member, Present

II. MINUTES OF THE PREVIOUS MEETING, JUNE 20, 2006. 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 Denise Pitcher, Yes
John Maylie, Abstain

III. PUBLIC HEARING:
Michael Pavlov/Tim Leighing, Z2006-03, White Port Rd, Kingston, NY Minor Subdivision-undersized lot. Tim and Kristina Leiching represented Michael Pavlov, land owner, submitted a map of the proposed lot. Chairman Hendrickson mentioned that the board questioned why an undersized lot was needed on a minor subdivision of 32+ acres. Kristina Leiching advised that their were historical foundations on the property and, in case the requested undersized lot was sold, they did not want to disturb the historical integrity of the cement mill property. The reason for the proposed lot being under the required one and half acre and 1/2 is so they don’t have to jog in and out of the historical foundations. The property has been surveyed and the well is in. There will be no water rights from the proposed lot. Chairman Hendrickson asked if there was any other sites in the 31 acres where they could get access to the property. Tim Leiching advised that the only other access would be to use an existing driveway and much of the land is stone and streams. The applicant is asking for relief on square footage as most of the property is inaccessible. Restoration is currently being done on the property and the foundations have been capped off with concrete. Toni Giacomini questioned the address number of the property in question and was concerned that she did not receive a registered letter. Another concern was the historical site and was the property registered as an historical landmark? Kristina Leiching advised that in order to be registered as an historical landmark, you have to get an historical survey and there are many steps to do so. They are looking to put the remainder of the property in some type of family historical trust. The tree buffers would be left in place and a few shrubs will also be planted. A concern was also raised about the impact of well water and sewerage. The applicant stated that the Department of Health will handle this, if and when, approval is granted. Alternate Board Member, Ron Parenti, asked if the perk test has been done. The perk test has not been done as yet. They are aware that they may need an above ground septic system. John Maylie asked if they had any problems with going before the Planning Board for a site plan? The applicants had already been before the Planning Board and did not have a problem with going back if the Zoning Board approved their variance. Recommendations received from Shuster Associates for the minor re-subdivision were received and reviewed by the board. Matthew Hintz of 230 White Port Road asked for verification that setback requirements would have to be met. The Board advised that they would have to comply. The applicants are looking into grants to preserve the area and would like to preserve the history in the area. At the same time, they do want to be there to enjoy the property. Dee Fanning of 174 & 158 White Port Road is concerned about the water. Will the water change when ground is broken. Will the Greenkill be disturbed? Ms. Fanning was advised that the Greenkill will not be disturbed. The applicant also advised that they would not have water rights with their property.
John Maylie made a motion to close the public hearing. Louis Muenkel seconded the motion.
Roll Vote: John Maylie, Yes Robert Hendrickson, Yes
Louis Muenkel, Yes Denise Pitcher, Yes
Leland Eaton, Yes
Motion Carried.

John Maylie voiced his concern regarding the application. If the variance was granted and the property was then sold, is this good justification to support an undersized lot with no water rights. With water rights, it would reduce the required variance for the property.

Mr. Fitzgerald, James St, Rosendale, NY. Public Hearing cancelled. An application was not submitted.

IV. NEW BUSINESS: None

V. OLD BUSINESS: John McColgan, Z2006-02, Maple Hill Road and Route 32,
Tax Map #62.004-5-26, Rosendale, NY.
Chairman Hendrickson read the resolution approving the variance with stipulations. The variance shall only apply to the rehabilitation and reconstruction of the existing building and not to any new construction. The building may only be used for business or professional offices. No retail uses or exterior storage of materials shall be allowed. Site plan approval shall be obtained from the Planning Board prior to issuance of a building permit. The motion was made to approve the variance with stipulations by John Maylie and seconded by Leland Eaton.
Roll Vote: Robert Hendrickson, Yes Leland Eaton, Yes
Louis Muenkel, Yes Denise Pitcher, Yes
John Maylie, Yes
Motion Carried.

A copy of the complete resolution is on file at the Town Clerks’ office.

VI. CORRESPONDENCE:
Zoning Bulletin - Volume 54, Number 12, June 25, 2006

A motion was made by John Maylie to close the meeting at 8:25 PM. The motion was seconded by Denise Pitcher.
Roll Vote: Robert Hendrickson, Yes Leland Eaton, Yes
Denise Pitcher, Yes Louis Muenkel, Yes
John Maylie, Yes
Respectfully submitted, Judy Lenz, Recording Clerk

____________________________________________________________________________

TOWN OF ROSENDALE ZONING BOARD OF APPEALS
Minutes of the August 15, 2006, Meeting

Chairman Robert Hendrickson called the meeting at order at 7:30 PM at the Rosendale Recreation Center on Route 32, Rosendale, NY, with the pledge to the flag.

I. ROLL CALL: Chairman Robert Hendrickson, Present
Louis Muenkel, Present John Maylie, Present
Leland Eaton, Present Denise Pitcher, Present
Ron Parenti, Alternate Member Absent

II. MINUTES OF THE PREVIOUS MEETING, July 18, 2006. A motion was made by John Maylie to approve the minutes as written. The motion was seconded by Leland Eaton.
Roll Vote: Robert Hendrickson, Yes Louis Muenkel, Yes
Leland Eaton, Yes Denise Pitcher, Yes
John Maylie, Yes
Motion Carried.

Chairman Hendrickson requested that a ZBA Liaison, Fred Greitzer, be sent a copy of the minutes each month.

III. PUBLIC HEARINGS: None

IV. NEW BUSINESS: None

V. OLD BUSINESS: Michael Pavlov/Tim Leiching - Z2006-03 - Board Decision
Board member John Maylie read a fact sheet that he had prepared.
Would the character of the neighborhood or a detriment to nearby properties be created by the granting of an area variance?
1. Neighboring lots range from .65 to over 30 acres
2. Immediate lot sizes are 1.66 and 32 acres
3. Proposed lot is not on lake while others are
Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a variance?
1. Yes, there is land that could be used to make this proposed lot meet the 1.5 acre zoning requirement
2. Many lots in Rosendale have foundations of historical value so the argument to keep one foundation on one side of the lake/stream with other foundations on the other side of the lake/stream does not seem justified.
Is the requested area variance substantial?
1. The proposed lot size of 1.1294 acres is 75.3% of the zoning requirement.
Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district?
1. Proposed house & septic comply with required property setbacks.
2. Well & proposed house is within the 100 foot lake setback per drawing submitted.
3. Undersized lot with no lake side could reduce the value of neighboring properties.
4. Tree clearing on the undersized lot to satisfy drain field & building requirements could increase storm water problems.
Was the alleged difficulty self-created? Consideration shall be relevant to the decision of the Board, but shall not necessarily preclude the granting of the area variance.
1. Yes, there is sufficient land owned by the owner that could be used to make the lot meet zoning requirements.
Mr. Maylie also mentioned that the Greenkill is not a class A stream (stream that is high quality - almost drinkable), it is a class B stream (less desirable).
Denise Pitcher stated that this is one property of many and when you weigh one against all of the land felt that it would not make that much of an impact. Denise also made note that the purpose of the Zoning Board has always been to find anyway that the Board can grant relief and give people their request. The area in question is very secluded and she did not see harm in granting the variance. Inclined to approve variance based on being reasonable.
Fred Greitzer noted that the Planning Board’s point was that the only claim for the variance was that the historical property not be broken up. The Planning Board felt that they should take Michael Pavlov’s word and say that the historical property could not be further subdivided.
Board Member, Lee Eaton felt that if the variance was granted, the area would be maintained and would be a benefit to the area.
Bob Hendrickson mentioned that their was a lot of talk from the applicants to preserve the historic designations. There is no historic designations until the designation is declared by the State, and as yet, it has not been done.
John Maylie felt that the variance should be granted as long as all the historical buildings remain under one deed. The intention of the applicant was to have the property in an historical trust.
The final decision of the board would be read at the September 19, 2006, meeting.

VI. CORRESPONDENCE:
Volume 54, Number 14, Zoning Bulletin, July 25, 2006

A motion was made by John Maylie to close the meeting at 8:15 PM. The motion was seconded by Louis Muenkel.
Roll Vote: Robert Hendrickson, Yes Leland Eaton, Yes
Denise Pitcher, Yes Louis Muenkel, Yes
John Maylie, Yes
Motion Carried.

Respectfully submitted,

Judy Lenz, Recording Clerk

____________________________________________________________________________

TOWN OF ROSENDALE ZONING BOARD OF APPEALS
Minutes of the September 19, 2006, Meeting

Chairman Robert Hendrickson called the meeting to order at 8:00 PM at the Rosendale Recreation Center on Route 32, Rosendale, NY, with the pledge to the flag.

I. ROLL CALL: Chairman Robert Hendrickson, Present
Louis Muenkel, Present Leland Eaton, Present
John Maylie, Absent Denise Pitcher, Absent
Ron Parenti, Alternate Member, Absent

Also present, Fred Greitzer, Liaison (Planning Board)

II. MINUTES OF THE PREVIOUS MEETING, August 15, 2006. A note was received from Board Member Denise Pitcher asking that the minutes be revised to add a statement she had made at the August meeting regarding the application for Michael Pavlov. Denise had stated that Mr. Pavlov could create an odd shaped lot that would comply with the minimum lot requirement and avoid the variance altogether. She felt that this was the desirable way to go. Denise also wanted it mentioned that Fred Greitzer also suggested that should the ZBA grant the variance in consideration of historical reasons then the board might try to limit in some way what the landowner might do in the future. The minutes were approved with the revisions by Leland Eaton and seconded by Louis Muenkel.
Roll Vote: Robert Hendrickson, Yes Louis Muenkel, Yes
Leland Eaton, Yes
Motion Carried.

III. PUBLIC HEARINGS: NONE

IV. OLD BUSINESS: MICHAEL PAVLOV/TIM LEICHING, 220 White Port Rd,
Kingston, NY - APPLICATION #Z2006-03
Louis Muenkel read the resolution stating that Mr. Pavlov is requesting an area variance in order to appeal Section 75-44 of the Town Code for an undersized lot. Mr. Pavlov submitted the necessary plot plan and the requested variance is 75.3% of the zoning requirements due to the desire of the property owner not to disturb the integrity of the historic foundations that represent the ruins of White Port. The hardship is self-created, however, the Board felt that the historical value of the property justified the variance.
The matter was referred to the Rosendale Planning Board for their recommendations and a public hearing was held on July 18, 2006. The Rosendale Zoning Board approved the area variance request with the following conditions. 1. The deeds of both properties will indicate that if the remaining 31 acres is subdivided causing the separation of the historical foundations, the undersized lot will automatically acquire at least .3706 acres from the 32 acre lot that is contiguous to its boundaries. 2. Site plan approval shall be obtained from the Rosendale Planning Board prior to issuance of a building permit.
A motion was made at the Zoning Board meeting on September 19th, 2006, by Leland Eaton to approve the resolution and was second by Louis Muenkel.
Roll Vote: Robert Hendrickson, Yes Leland Eaton, Yes
Louis Muenkel, Yes Denise Pitcher, Yes
John Maylie, Yes Motion Carried.
V, NEW BUSINESS: NONE

VI. CORRESPONDENCE:
Zoning Bulletin, Volume 43, Number 15. August 10, 2006
Zoning Bulletin, Volume 54, Number 16, August 25, 2006
6th Annual Southeast NY Stormwater Conference & Trade Show Brochure
Rec Wetlands Seminar - July 27, 2006 - CD & Newspaper

A motion was made by Leland Eaton to close the meeting at 8:40 PM. The motion was seconded by Louis Muenkel.
Roll Vote: Robert Henrickson, Yes Leland Eaton, Yes
Louis Muenkel, Yes
Motion Carried.

Respectfully Submitted,
Judy Lenz, Recording Clerk

________________________________________________________________________

TOWN OF ROSENDALE ZONING BOARD OF APPEALS
Minutes of the November 21, 2006 Meeting

Chairman Robert Hendrickson called the meeting to order at 7:30 pm at the Rosendale Recreation Center with the pledge to the flag.

I. ROLL CALL: Chairman Robert Hendrickson, Present
Denise Pitcher, Present John Maylie, Present
Louis Muenkel, Present Leland Eaton, Absent
Ron Parenti, Alternate Member, Present

Also present, Fred Greitzer, Liaison (Planning Board)
II. MINUTES OF THE MEETINGS SEPTEMBER 18. 2006. (No meeting October 17th) Lou Muenkel made a motion to approve the minutes as written. The motion was seconded by John Maylie.

Roll Vote: Louis Muenkel, Yes Robert Hendrickson, Yes
Denise Pitcher, Abstain John Maylie, Abstain
Motion Carried.
III. PUBLIC HEARINGS: None
IV. OLD BUSINESS: None
V. NEW BUSINESS: None
VI. CORRESPONDENCE: Zoning Bulletins - #19 dated 10/10/06, #20 dated10/25/06, #21 dated 11/10/06, Special Issue Edition
Town of Esopus Local Law to amend the zoning map and zoning law
Town of New Paltz - local law to amend the code of the Tow of New Paltz, Chapter 140 "Zoning"
Memo: Ann Houghtaling - implementing general municipal law section 239-NN

Fred Greitzer reminded the Board that new training and attendance requirements would be starting in 2007. Fred also informed the Board of the status of pending applications with the Planning Board.

John Maylie notified the Board that the Rosendale Groundwater Protection Plan Program would have a presentation by Steven Winkley, Groundwater Specialist with the NY State Rural Water Association, on November 30th at 6 pm at the Rosendale Recreation Center.

Louis Muenkel made a motion to close the meeting at 7:55 pm. The motion was seconded by Denise Pitcher.

Roll Vote: Robert Hendrickson, Yes Louis Muenkel, Yes
Denise Pitcher, Yes John Maylie, Yes
Motion Carried.

Respectfully submitted,

Judy Lenz, Recording Clerk

________________________________________________________________________

TOWN OF ROSENDALE ZONING BOARD OF APPEALS
Minutes of the December 19, 2006 Meeting
(DRAFT)
Chairman Robert Hendrickson called the meeting to order at 7:30 pm at the Rosendale Recreation Center with the pledge to the flag.

I. ROLL CALL: Chairman Robert Hendrickson, Present
John Maylie, Present Louis Muenkel, Present
Leland Eaton, Present Denise Pitcher, Absent
Ron Parenti, Alternate Member, Absent

Also present: Billy Liggan, Chairman Rosendale Planning Board
Fred Greitzer, Planning Board Liaison

II. MINUTES OF PREVIOUS MEETING, NOVEMBER 21, 2006. John Maylie made a motion to approve the minutes as written. The motion was seconded by Louis Muenkel.
Roll Vote: Louis Muenkel, Yes John Maylie, Yes
Robert Hendrickson, Yes Leland Eaton, Yes
Motion Carried.

III. PUBLIC HEARINGS: None

IV. OLD BUSINESS: None

V. NEW BUSINESS: Lynne Friedman, Z2006-04, 414 Circle Avenue, Rosendale, NY. Request for a lot line adjustment per agreement of property owners on property located at 414 Circle Avenue, Rosendale, NY. Sidney Norinsky, spouse, represented applicant, Lynn Friedman. Mr. Norinsky presented to the board a map of the proposed lot line revision of the lands belonging to Vivian McCall and Lynne Friedman. Mrs. McCall had a survey done of the property approximately three years ago and recently wanted to erect a fence which would be 18 inches from the wall of Mr. Norinsky’s house. Mr. Norinsky was alarmed at the proposed fence and went to the Rosendale Building Inspector, Tom Fiore. A deal was made between both parties lawyer’s for a lot adjustment to the rear property line which would square off the property line and give more space next to the Friedman home. The applicant has been before the Planning Board who, in turn, referred the applicant to the Zoning Board of Appeals for an area variance for an undersized lot. Board Member, John Maylie, reminded Mr. Norinsky that he has an obligation to present the five criteria necessary for the variance. Mr. Norinsky mentioned that a report was received from Shuster Associates that both parcels are legally undersized and cannot be reduced in size without an area variance. Robert Hendrickson advised the applicant on the procedure for a public hearing and the time frame involved.
John Maylie made a motion to schedule a public hearing for the next meeting to be held on January 16, 2007. The motion was seconded by Louis Muenkel.
Roll Vote: John Maylie, Yes Robert Hendrickson, Yes
Louis Muenkel, Yes Leland Eaton, Yes
Motion Carried.

V. CORRESPONDENCE:
Zoning Bulletin - Volume 54, November 25, 2006 (Duplicate)
Zoning Bulletin - Special Issue (Duplicate)
Zoning Bulletin - Volume 54, #23, December 10, 2006

PUBLIC COMMENTS/INPUT
John Gouldsbury of 10 Parkcrest Drive, Rosendale, NY asked to address the board.
Mr. Gouldsbury asked Chairman Hendrickson if he was the Chairman of the Zoning Board. Chairman Hendrickson advised that he was the Chairman. Mr. Hendrickson asked Mr. Gouldsbury why he was recording this meeting and he refused to say why. Mr. Gouldsbury then stated that several months ago he asked him the same question and Chairman Hendrickson said that he had said that he was not the Chairman. Mr. Gouldsbury said that he had contacted the Rosendale Supervisor and also the Building Inspector and made a complaint and asked for a stop work order on construction that his neighbor had done. The Building Inspector and Mr. Gouldsbury had a personality conflict and left the premises.
John Maylie advised that anyone who comes before the board is required to fill out an application and pay the appropriate fee. The only cases that the Zoning Board sees are those that put in an application and paid the fee and felt that Mr. Gouldsbury was out of order. Mr. Maylie read the portion of the Town Code that describes this process. Mr. Gouldsbury informed the board that he did ask the recording clerk for permission to speak and was told that he could ask some questions.
Mr. Gouldsbury had problems with his neighbor who built part of his house on Mr. Gouldsbury’s property. Mr. Gouldsbury went to see the Town Supervisor and asked how he could put a stop work order on his neighbor’s construction. According to Mr. Gouldsbury, the Town Supervisor would contact the Zoning Chairman and get back to him - which he did not. Mr. Gouldsbury contacted the Supervisor again and said that he had spoken to the Zoning Board Chairman and was told that there was nothing the Zoning Board could do. Mr. Gouldsbury felt that he should have been told that he needed to put something in writing to stop the work order. Mr. Hendrickson advised that the Zoning Board does not make stop work orders. John Maylie made a suggestion that Mr. Gouldsbury complete a proper application and submit it along with the appropriate fee before this discussion continues. Mr. Hendrickson reminded Mr. Gouldsbury that he had no official business now before the board and that he was referring to a decision that was made before the board several years ago. Registered mail was sent to Mr. Gouldsbury at that time which was never opened and was returned to the post office and also he did not attend the public hearing.
Mr. Gouldsbury asked Mr. Hendrickson again if he was contacted by Supervisor, Robert Gallagher, in reference to his property and a stop work order being done.
Mr. Hendrickson advised that there would never be any reason for Mr. Gallagher to contact him about a stop work order because it is not in the Zoning Board’s authority to do that. If Mr. Gallagher made that statement, it was done in error.

John Maylie made a motion to close the meeting at 8:00 PM. The motion was seconded by Louis Muenkel.
Roll Vote: Robert Hendrickson, Yes John Maylie, Yes
Leland Eaton, Yes Louis Muenkel, Yes
Motion Carried. Respectfully Submitted, Judy Lenz, Recording Clerk