Zoning Board of Appeals Minutes

Final

TOWN OF ROSENDALE

ZONING BOARD MINUTES

May 19, 2009

Chairman Robert Hendrickson called the meeting to order at 7:30 pm at the Rosendale Community Center, Rosendale, NY.

I. Roll Call

Robert Hendrickson, Present

Brian Farmer, Present

Ron Parenti, Present

Denise Pitcher, Present

David Soman, Absent

II. Minutes of the Previous Meeting

Minutes of April 21, 2009 meeting were reviewed and a motion was made by Brian Farmer to accept the minutes as amended, seconded by Ron Parenti.

Correction under Misc. Board Business – change ZBA to read ZRC

Motion carried.

III. Public Hearings:

None

IV. Old Business:

None

V. New Business:

None

VI. Misc. Board Business:

New Alternate appointed by the Town Board Resolution 05-2009- #4

Christopher Pryslopski – will invite him to attend the next ZBA meeting

Miriam Patton addressed the board on the current issues concerning her neighbor and the signs and a variety of items she is confronted with from her property.

This visual impact effects Miriam Patton’s property value.

The board told her there is not a Town Code addressing the proper use of signage and the code is vague.

The Board will write a letter to the Code Enforcement Officer asking him to request the neighbor Mr. Howard to remove items from the trees and anything above the fence line.

VII. Correspondence

Ron Parenti Representative for the ZRC informed ZB members on the statues of the Planner selection – contract being worked out with the Town Supervisor.

Looking for any input from the ZB for the representatives to bring back to the ZRC

The priority list put together by the ZRC will be emailed to the ZB members

Motion was made by Ron Parenti, seconded by Denise Pitcher to adjourn the meeting.

Motion carried

Meeting adjourned @ 8:25 p.m.

Submitted by

Leslie Treut

Zoning Board of Appeals Clerk

Draft

TOWN OF ROSENDALE

ZONING BOARD MINUTES

April 21, 2009

Chairman Robert Hendrickson called the meeting to order at 7:30 pm at the Rosendale Community Center, Rosendale, NY.

I. Roll Call

Robert Hendrickson, Excused

Brian Farmer, Present

Ron Parenti, Present

Denise Pitcher, Excused

David Soman, Present

Ron Parenti was acting Chairman for this meeting

II. Minutes of the Previous Meeting

Minutes of March 17, 2009 meeting were reviewed and a motion was made by David Soman to accept the minutes as written, seconded by Brian Farmer.

Motion carried.

III. Public Hearings:

None

IV. Old Business:

None

V. New Business:

None

VI. Misc. Board Business:

Ron Parenti member of the ZRC brought the ZBA members up to date on the progress of the Zoning Review Committee.

The ZBA put together a priority list of 10 items.

He informed the ZBA members that a sub committee is being formed to look at the possibility of extending the B1 district on Main St.

VII. Correspondence

None

Motion was made by Brian Farmer, seconded by Ron Parenti to adjourn the meeting.

Motion carried

Meeting adjourned at 7:55 pm.

Submitted by

Leslie Treut

Zoning Board of Appeals Clerk

Final

TOWN OF ROSENDALE

ZONING BOARD MINUTES

March 17, 2009

Chairman Robert Hendrickson called the meeting to order at 7:35 pm at the Rosendale Community Center, Rosendale, NY.

I. Roll Call

Robert Hendrickson, Present

Brian Farmer, Present

Ron Parenti, Present

Denise Pitcher, Present

David Soman, Present

II. Minutes of the Previous Meeting

Minutes of February 17, 2009 meeting were reviewed and a motion was made by Ron Parenti to accept the minutes as written, seconded by Brian Farmer.

Motion carried.

III. Public Hearings:

None

IV. Old Business:

None

V. New Business:

None

VI. Misc. Board Business:

John Lenz appeared before the board for an interpretation of the Town Code pertaining to the possibility of Senior Citizen Housing in a R2 district

A total of 3 acres is needed according to code and Mr. Lenz’s property is 1.2 areas which is an undersize lot.

Mr. Hendrickson stated that Mr. Lenz would need to show that this is a hardship, in order for a variance to be approved.

Mr. Hendrickson also stated if he wanted to pursue this he would need to file an application.

At the February 17, 2009 meeting Mark Morganstern owner of Rosendale Café requested to come before the Zoning Board to see if there was a code that covered signs on his neighbor’s fence.

The Zoning board requested Mr.Walsh to be present at this meeting (March 17, 2009) to get his side of the situation and attempt to resolve the neighbors differences.

Mr. Morganstern and Mr. Walsh gave their explanations and explained the past history to the board.

No action was taken.

VII. Correspondence

None

Motion was made by Ron Parenti, seconded by David Soman to adjourn the meeting.

Motion carried

Meeting adjourned at 8:50 pm.

Submitted by

Leslie Treut

Zoning Board of Appeals Clerk

Final

TOWN OF ROSENDALE

ZONING BOARD MINUTES

February 17, 2009

Chairman Robert Hendrickson called the meeting to order at 7:35 pm at the Rosendale Community Center, Rosendale, NY.

I. Roll Call

Robert Hendrickson, Present

Brian Farmer, Present

Ron Parenti, Present

Denise Pitcher, Present

David Soman, Present

Also present Code Enforcement Officer Dave Massimi.

II. Minutes of the Previous Meeting

Minutes of January 20, 2009 meeting were reviewed and a motion was made by Denise Pitcher to accept the minutes as written, seconded by Brian Farmer.

Motion carried.

III. Public Hearings:

None

IV. Old Business

Dave Massimi CEO brought the board his findings on the Aerostar tankers; he made reference to National Codes. He interpreted mod of transportation trucking is allowed.

David Soman questioned if the right signs were on the trucks and that 75.21 states Gasoline Station storage to be fenced in.

Ron Parenti asked about 75 attachments 1:3 F - Chemical product safety.

Dave Massimi stated that the amended site plan was not filed yet, but that the owner said he would agree to security measures if needed.

Robert Hendrickson said that site was to be fill not blacktop in the first place.

The board questioned is there anywhere else he can store the tankers.

A decision was made to send finds to the planning board in the form of the following motion.

Motion that the Town of Rosendale Planning Board enforces section 75.21 C. & E, and 75 attachments 1:3 F. Also mandate that Aerostar immediately summit an amended site plan. Until such time as these four codes can be brought into compliance the tankers are to be removed.

Motion by Robert Hendrickson

Seconded by David Soman

Motion carried

V. New Business

None

VI. Misc. Board Business

Mark Morganstern owner of Rosendale Café requested Zoning Board to see if there was a code that covered signs on his neighbor’s fence. He presented pictures, a letter from CEO, and a letter from him.

Ron Parenti asked why you are in front of Zoning Board.

Mark Morganstern said he was directed to by Supervisor McDonough.

The problem is in need of code interpretation.

Dave Massimi stated he talked to one of the attorneys the town used and it was recommended town stay out of it.

Brain Farmer and Ron Parenti are going to take the issue of sign placement, etc. to ZRC meeting.

The board asked that a letter be sent to Jack Walsh requesting he to come to the next meeting

Robert Hendrickson said the board needs a Vice Chairman and made a motion that Denise Pitcher be Vice Chairman, seconded by Ron Parenti. Motion carried.

Brian Farmer asked to be excused from March meeting.

VII. Correspondence

None

Motion was made by David Soman, seconded by Robert Hendrickson to adjourn the meeting.

Motion carried

Meeting adjourned at 9:15 pm.

Respectfully Submitted,

Debra Tierney

Acting ZBA Clerk/ Deputy Town Clerk

Final

TOWN OF ROSENDALE

ZONING BOARD MINUTES

January 20, 2009

Acting Chairman Denise Pitcher called the meeting to order at 7:35 pm at the Rosendale Community Center, Rosendale, NY.

I. Roll Call

Robert Hendrickson, Excused

Brian Farmer, Present

Ron Parenti, Present

Denise Pitcher, Present

David Soman, Present

Also Present: Joe Havranek, Planning Board Representative

II. Minutes of the Previous Meeting

Minutes from the November 18, 2008 meeting were reviewed and a motion was made by Ron Parenti, seconded by Brian Farmer to accept the minutes as written.

Motion carried

III. Public Hearings:

None

IV. Old Business

None

V. New Business

None

VI. Correspondence:

Letter Dated January 08, 2009 from the Planning Board requesting an interpretation of Zoning Codes regarding Aerostar.

II. Misc Business

A letter was received from the Planning Board requesting an interpretation of the Zoning Code regarding Aerostar and whether it is an allowable usage to store bulk storage of petroleum products in a B2 district

The Zoning Board has requested the Code Enforcement Officer to attend the next scheduled meeting, February 17, 2009, a letter will be sent to the CEO requesting him to attend.

A motion was made by Ron Parenti, seconded by Denise Pitcher to table the request for interruption and request the CEO to attend next month’s meeting.

Motion carried

Motion was made by Ron Parenti, seconded by David Soman to adjourn the meeting

Motion carried

Meeting Adjourned at 8:20 pm

Respectfully Submitted,

Leslie Treut

Planning/Zoning Board Clerk

Final

TOWN OF ROSENDALE

ZONING BOARD MINUTES

December 16, 2008

No meeting was held this month due to members not being present. Minutes will be reviewed next meeting

I. Roll Call

Robert Hendrickson, Present

Brian Farmer, Present

Ron Parenti, Excused

Denise Pitcher, Excused

David Soman, Excused

Also Present: Fred Greitzer, Planning Board Liaison

II. Minutes of the Previous Meeting

Minutes will be reviewed next month January 2009

III. Public Hearings:

None

IV. Old Business

None

V. New Business

None –

VI. Correspondence:

None

II. Misc Business

None

No meeting was held this month due to members not being present.

Minutes will be reviewed next meeting

Respectfully Submitted,

Leslie Treut

Planning/Zoning Board Clerk

DRAFT

TOWN OF ROSENDALE

ZONING BOARD MINUTES

November 18, 2008

Chairman Robert Hendrickson called the meeting to order at 7:30 pm at the Rosendale Community Center, Rosendale, NY.

I. Roll Call

Robert Hendrickson, Present

Brian Farmer, Present

Ron Parenti, Present

Denise Pitcher, Present

David Soman, Excused

Also Present: Fred Greitzer, Planning Board Liaison

Dave Massimi, Code Enforcement Officer

II. Minutes of the Previous Meeting

Denise Pitcher made a motion to approve the minutes as written from the Zoning Board meeting dated Oct 21, 2008. Ron Parenti seconded the motion.

Motion Carried

III. Public Hearings:

Cullen #2008- 2 Area Variance

Mr.Cullen is looking to make a non conforming apartment into an assessory apartment. The property is currently on the tax roll as a three family house, which was changed from a two family in the spring of 2000.

The issues on this variance are

1. Apartment does not meet code

2. No building permits were found or issued to make this residence into a 2 family dwelling or add an accessory apartment.

3. Property is located in a B1 area and the lot is non conforming for a three family dwelling.

Fred Greitzer asked Mr. Cullen what hardship he was claiming.

Mr. Cullen stated the following reasons for a hardship are economic hardship, taxes, mortgage payments and utility costs.

Denise Pitcher asked if Mr. Cullen currently lives at this location

Mr. Cullen replied he does not.

Denise Pitcher asked if he has two mortgages, Mr. Cullen responded saying yes he currently has two mortgages.

Apartment is currently vacant.

Robert Hendrickson stated that the Zoning Board cannot grant a Variance for an illegal apartment.

Roll Vote was taken to deny the area variance for the reasons stated during the Public Hearing.

Robert Hendrickson – Denied, Brian Farmer – Denied, Ron Parenti- Denied, Denise Pitcher- Denied.

IV. Old Business

Dyshuk- #2008-3 Use Variance

The current code does not allow this type of event to be held in a residential zone

The county board and the zoning review board stated that the applicants did not meet all the requirements in order to grant this variance. This variance would create a negative impact on the community.

Roll Vote was taken to deny the use variance.

Robert Hendrickson – Denied, Brian Farmer – Denied, Ron Parenti- Denied, Denise Pitcher- Denied

A letter will be sent to the County Planning Board with the results of the boards vote.

V. New Business

None –

VI. Correspondence:

None

VII. Misc Business

None

Motion was made to adjourn the meeting at 8:25 pm by Brian Farmer. Seconed by Ron Parenti All in favor

Motion Carried

Respectfully Submitted,

Leslie Treut

Planning/Zoning Board Clerk

TOWN OF ROSENDALE

ZONING BOARD MINUTES

October 21, 2008

Chairman Robert Hendrickson called the meeting to order at 7:30 pm at the Rosendale Community Center, Rosendale, NY.

I. Roll Call

Robert Hendrickson, Present

Brian Farmer, Present

Ron Parenti, Present

Denise Pitcher, Present

David Soman, Present

Also Pres