TOWN OF ROSENDALE ZONING BOARD OF APPEALS
Minutes of the June 19, 2007 Meeting
(Draft)
Chairman Robert Hendrickson called the meeting to order at 7:30 PM at the Rosendale Community Center with the pledge to the flag.
I. ROLL CALL:
Chairman Robert Hendrickson, Present John Maylie, Present
Leland Eaton, Present Denise Pitcher, Present
Ron Parenti, Absent
Also present: Fred Greitzer, Planning Board Liaison
Billy Liggan, Planning Board Chairman
II. MINUTES OF THE PREVIOUS MEETING MAY, 15, 2007
A motion was made by John Maylie to accept the minutes as written. The motion was seconded by Leland Eaton.
Roll Vote: Bob Hendrickson, Yes Denise Pitcher, Yes
John Maylie, Yes Leland Eaton, Yes
Motion Carried.
III. NEW BUSINESS: John Maylie responded to the memo dated June 5th, 2007, from Code Enforcer Dave Massimi regarding Rivers Edge Cooperative Mobile Home Park, Inc., and conditions imposed by the Zoning Board in their resolution dated April 25, 1988. Mr. Massimi asked who is responsible for the enforcement of these conditions 19 years later? The Zoning Board advised that the Code Enforcer should enforce these conditions. A letter would be sent to Dave Massimi advising him of the Board’s reply to his memo of June 5th, 2007.
IV. PUBLIC HEARINGS:
William & Kathleen McGahan-213 Binnewater Rd, Rosendale, NY-Tax Map # 62.2-4-11
Building Inspector, Tom Fiore, was unable to attend due to a family illness.
Mr. McGahan was denied a building permit on his newly purchased property located at 213 Binnewater Rd due to the front yard setback requirements. There is a one story addition on the south side that was put on by the former owner seven years ago without an approved building permit. John Maylie pointed out that the addition was not any closer to the road than the porch of the house. Mr. Gahan stated that the existing porch is approximately 2 feet closer to the road than the addition. The relief requested from the front yard setback requirements is 4 feet. The board went through the five requirements for an area variance and did not see a problem granting this request.
John Maylie made a motion to close the public hearing and grant the variance request. The motion was seconded by Bob Hendrickson.
Roll Vote: John Maylie, Yes Robert Hendrickson, Yes
Denise Pitcher, Yes Leland Eaton, Yes
Motion Carried.
A positive resolution would be drawn up by the recording clerk and left at the Building Inspector’s office for the Board’s signatures. Once signed, a copy would be dropped off to William & Kathleen McGahan.
V. OLD BUSINESS:
William Jobsis/Sandra Petersen, 363 Main St., Rosendale, NY-Tax Map #62.82-4-28
The Board took the following into consideration when considering the variance: Based on information received at the public hearing held on April 17th, 2007, it was determined that the improved lot would add businesses to the Town, improve property values and hamlet ambiance. The request would also reduce neighbors views, reduce frontal green space, increase parking problems in the hamlet by relying on street side parking. The applicant stated that the reason for the large building was return on investment and noted that it would increase the tax base. The request is asking for more than 100% variance or double what the Town allows for the desired use. The proposal would produce a large percentage of impervious surfaces close to the Rondout Creek that could cause serious storm water problems.
A motion was made by Denise Pitcher and seconded by John Maylie to deny the variance request.
Roll Vote: Denise Pitcher, Yes John Maylie, Yes
Leland Eaton, Yes Robert Hendrickson, Yes
Motion carried.
John Maylie read the resolution denying the variance request for an area variance to appeal Chapter 75-28D (5) of the Town Code. A copy of the signed variance is on file with the Town Clerk.
VI. CORRESPONDENCE:
Planning Seminar - June 14, 2007 - Ulster County Planning Board
Zoning Bulletin - March 15, 2007 - Volume #1, No. 6
Respectfully submitted,
Judy Lenz
Recording Clerk
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