TOWN OF ROSENDALE ZONING BOARD OF APPEALS
Minutes of the July 17, 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
 Denise Pitcher, Present    Ron Parenti, Present
 Leland Eaton, Present

 

 Also present:  Fred Greitzer, Planning Board Liaison
             Dave Massimi, Town Code Enforcer

 

II. MINUTES OF THE PREVIOUS MEETING, June 19, 2007
A motion was made by John Maylie to accept the minutes as written.  The motion was seconded by Leland Eaton.
 Roll Vote: Robert Hendrickson, Yes  John Maylie, Yes
   Denise Pitcher, Yes   Leland Eaton, Yes
   Ron Parenti, Abstain
 Motion Carried.

 

III. PUBLIC HEARINGS:  None

 

IV. OLD BUSINESS:  None

 

V, NEW BUSINESS: 
Roy Judson - Interpretation - Rosendale Self-Storage, 2548 Rt, 32 Bloomington
Mr. Judson received a violation notice from Dave Massimi, Rosendale Code Enforcer regarding storing vehicles, both registered and non-registered, on his property at 2548 Rt. 32, Bloomington, and would like an interpretation of the zoning law. 
Denise Pitcher questioned whether the storage business was indoor or outdoor storage.  Mr. Judson stated that it was indoor storage.  Denise Pitcher advised Mr. Judson that he would have to go back to the original application filed with the Rosendale Building Inspector to see the description of the storage business that he had intended.  When the original application came before the Zoning Board it would have been very specific. 
Mr. Judson asked for permission to store vehicles for people, as well as, for himself.  The original request was for two - 20 X 60 storage units.  This size was not constructed due to lack of business.  Mr. Judson advised that the property is zoned commercial. 
Code Enforcer, Dave Massimi, had copies of the NYS property maintenance code which states that you can keep one inoperative or one unlicensed vehicle on the premises. This code is not specific to zoning codes and applies to all properties, both private and commercial.  Mr. Massimi noted that Mr. Judson was cited on three separate occasions for having more than one unlicensed or unregistered vehicle on his premises.  Mr. Maylie questioned if the unlicensed and unregistered vehicles were owned by an auto dealer.  Mr. Massimi advised that a licensed auto dealer would be different.  The NYS property maintenance code is bound by the State code unless  the Town has a code that is more restrictive.  The Town Code says that if you have two inoperative vehicles on your property, you are running a junk yard and that would require a license.  Mr. Hendrickson felt that Mr. Judson would have to define the exact nature of his business. 
Mr. Judson noted that he received a violation letter from the Town Code Enforcer when he has only one unlicensed vehicle on his property and felt that he was being harassed for about six months. 
Mr. Judson became upset and retracted his application,  He retrieved the balance of his application fee which was due ($5.00 cash) and left the meeting. 
Mr. Maylie asked whether the Town code states anything in regard to storage of vehicles on commercial and private property.  Mr. Massimi advised that the State code needs to be used.  Mr. Maylie questioned whether the State code has sections for residential and commercial?  Mr. Massimi advised that in the building codes they do have separate sections for residential and commercial.  However, property maintenance, fire, mechanical, flooding and energy conservation applies to all. 
Mr. Judson was cited by the Town Code Enforcer on February 1, 2006, for property maintenance code due to the fact that there were five vehicles on his property that were either unregistered or unlicensed.  Mr. Judson was cited again on February 15, 2006, as the vehicles were still there and not removed.  The vehicles were then removed, however, he was cited again in October of 2006 as the vehicles were back again. 
Ron Parenti  advised that Mr. Judson should produce his business certificate that is filed with the County stating the nature of the business. 
Mr. Judson’s original site plan file would be brought to the next meeting for review. 

 

Jeffery Tirsch, 459 LeFever Falls Rd, Rosendale, NY  Z2007
Mr. Tirsch is interested in putting up a 14 X 24 shed on his property.  His request for a building permit was denied by Tom Fiore, Building Inspector, as the shed would not met the setback requirements.   The shed could not be repositioned on the property because of the location of the septic system and the fact that the property has a 20 or 30 feet drop off.  Bob Hendrickson advised that the Board should look at the property and the sloop in the back.  John Maylie expressed concern about the shed only being 5 feet from the house in regard to the Fire Department apparatus reaching a fire.  Dave Massimi, a member of the Bloomington Fire Dept, said that there is no specific separation in the rules of the Fire Department.  John Maylie would like the applicant to see if he could reduce the size of the shed because the applicant was asking for 100% variance relief. 
A public hearing will be scheduled for the next meeting scheduled for August 21, 2007.

 

VI. CORRESPONDENCE:
A letter was received from Mary Alice Klepeis advising that the September 18, 2007, Zoning Board meeting would have to be rescheduled as the primary election is being held on that date.  The September meeting will be rescheduled for Tuesday, September 11, 2007.  A notice would be placed in the newspaper and posted in the Town office. 

 

Zoning Bulletin - April 15, 2007, Volume 1, No. 8
Zoning Bulletin - May 15, 2007, Volume 1, No. 10

 

A motion was made by Denise Pitcher to adjourn the meeting at 8:30 pm.  The motion was seconded by Lee Eaton.
 Roll Vote: Denise Pitcher, Yes   Leland Eaton, Yes
   John Maylie, Yes   Robert Hendrickson, Yes
   Ron Parenti, Yes
  Respectfully submitted, Judy Lenz, Recording Clerk