TOWN OF ROSENDALE ZONING BOARD OF APPEALS
MINUTES OF THE SEPTEMBER 11, 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 and a moment of silence for the September 11th, tragedy.

 

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

 

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

 

II. MINUTES OF THE PREVIOUS MEETING, AUGUST 21, 2007
A motion was made by John Maylie to accept the minutes as written.  The motion was seconded by Ron Parenti.
 ROLL VOTE: John Maylie, Yes  Ron Parenti, Yes
   Robert Hendrickson, Yes Leland Eaton, Yes
 Motion Carried.

 

III. PUBLIC HEARING:  Charles L. Klepeis, Z2007-05, 300 Grist Mill Rd, Tillson
 Tax Map. #62.4-5-8, Request to construct a 20 X 28 cabin home
Mr. Klepeis advised that he would like to build a cabin on his property at 300 Grist Mill Road, Tillson,  Mr. Klepeis is in the architectural design phase now and may need to change the dimensions to a 22 X 28 cabin due to the staircases that will need to be added for the loft area.  The property is on a 2.6 acre lot and 3 acres is needed.  The original property was larger than 2.6 acres but had to be divided when the thruway came through and divided the property that originally belong to his parents.  The applicant bought a piece of property from his father which was larger than 2.6 acres but part of the property was donated to the town for a town road.  John Maylie advised that Mr. Klepeis is asking for a 13% relief and all of the setbacks have been met and there is plenty of the space for the septic system.  A copy of the permit to construct a waste disposal system is on file.  Chairman Hendrickson advised that Mr. Klepeis was not asking for much relief and did not see a problem with the request.  No further input was received from the Board Members nor the public.  John Maylie made a motion to close the public hearing.  The motion was seconded by Ron Parenti.
 Roll Vote: John Maylie, Yes  Ron Parenti, Yes
   Robert Hendrickson, Yes Leland Eaton, Yes
 Motion Carried.

 

Mr. Klepeis advised that he would like to get started on his building.  None of the Board Members had any problem with the request and felt that a vote could be taken on Mr. Klepeis’s application 
John Maylie made a motion to approve application #Z2007-05 for Charles L. Klepeis.  The motion was seconded by Ron Parenti.
 Roll Vote:  John Maylie, Yes   Ron Parenti, Yes
       Robert Hendrickson, Yes  Leland Eaton, Yes
 Motion Carried.
The approval would be completed and the Board Members would sign within ten days.  A copy of the resolution will be on file with the Town Clerk.
IV. OLD BUSINESS: Jeffery Tirsch, Z2007-04, 459 LeFever Falls Rd, Rosendale
Tax Map #62.4-5-8 - Request for a storage shed
Robert Hendrickson advised that the Fire Marshall had nothing specific in the state code book or the town code book stating how close to the building the shed could be.. A non-favorable,
negative recommendation was received from the Planning Board.  Reason being; the amount of relief requested is excessive and it is a self-imposed hardship that could possibly be mitigated by building a smaller shed.  Mr. Hendrickson did not feel that the hardship was self-created as Mr. Tirsch is limited where the shed could be placed because of the deck in the back, the septic system location and the layout and size of the property.  John Maylie asked if the shed could be moved forward 10 feet so that his equipment could then go around the back.  Mr. Tirsch advised that the way the side line is, if moved forward, he would have a problem with show melting on the south side and running in the wall of the house.  Ron Parenti visited the site and said that there is a 40 foot gully that goes straight down and the other side is completely wooded.  If the shed was moved forward, Mr. Tirsch still would not be able to go around.  Mr. Parenti had no problem with granting Mr. Tirsch’s request.  Mr. Parenti questioned whether the Planning Board had visited the property.  Billy Liggan said that Mr. Tirsch is asking for 100% relief and could always reduce the size of the shed to comply with the Zoning Code.  Fred Greitzer said that the Planning Board’s discussion was that the shed is an unusually large shed and is not the typical size shed which is permissible as an out building, however, there is side line issues.    Mr. Tirsch said that he could not make the shed smaller as the shed is rebuilt.  Chairman Hendrickson did not see a problem and felt that the Board should be able to vote on Mr. Tirsch’s request.  John Maylie did not see any give and take  to reduce the setback requirements and was reluctant to approve the request.  Ron Parenti was also in favor as no close neighbors and a gully which limited where the location of the shed could be.  Leland Eaton did not see a problem with the request.
A motion was made to approve the variance request by Ron Parenti and seconded by Leland Eaton.
 Roll Vote: Robert Hendrickson, Yes  Ron Parenti, Yes
   John Maylie, No   Leland Eaton, Yes
 Motion Carried.

 

The approval would be completed and signed by the Board Members within 10 days. A copy of which will be on file with the Town Clerk.

 

V. NEW BUSINESS:   None

 

VI. CORRESPONDENCE:
Zoning Bulletin, July 15, 2007, Volume 1 #14
Zoning Bulletin, August 1, 2007, Volume 1 #15

 

A motion was made by John Maylie to close the meeting at 8:05.  The motion was seconded by Leland Eaton.
 Roll Vote: John Maylie, Yes   Leland Eaton, Yes
   Robert Hendrickson, Yes  Leland Eaton, Yes
 Motion Carried.

 

Respectfully submitted,

 

Judy Lenz, Recording Clerk