ZBA March 16, 2021 Minutes

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March 16, 2021 | All Minutes

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Town of Rosendale Zoning Board of Appeals
Rondout Municipal Center
1915 Lucas Ave.
Cottekill, NY 12419

Minutes

Tuesday, March 16th 2021

Chairwoman Ann Houghtaling called the meeting to order at 7:05 pm.

Roll Call:

Chairwoman Ann Houghtaling  Present

Richard Hermance  Excused

Kelleigh Mckenzie   Excused

Michael Camargo  Present

Gary Jacobson  Present

Councilwoman Carrie Wykoff  Present

Brisa Casas, Clerk  Present

Minutes:

Motion made by Chairwoman Ann Houghtaling, seconded by Gary Jacobson, to accept the minutes from January 19th 2021.

Roll Vote: Chairwoman Ann Houghtaling –Yes, Michael Camargo –Yes, Gary Jacobson –Yes

Motion Carried.

Old Business:

#2020-6-Area Variance

SBL: 70.4-1-3.100

Location: 613 Springtown Road

Applicant: Daniel Stanley/David Friedlander

David Friedlander is present on behalf of this application.

The following is discussed about this application:

  • The applicant is requesting an area variance to meet the side property line setback for a pole barn (garage).
  • The applicant previously acquired a building permit for a pole barn and constructed the foundation of the structure. A stop work order was issued by the Building Inspector to halt any further construction until a variance is granted or the side setback is met.
  • An email correspondence was received from the building inspector regarding this property.
  • Town of Rosendale Code Chapter 75: ZONING – Density Control Schedule
  • Confirmation on the parcels zone from the Town of Rosendale Assessor was received via email. The parcel is in an A Zoning District.
  • In an A Zone the side setback requirement is 30 feet
  • Friedlander explains that the locations of the septic, leach field, well and existing driveway restrict the possibility for the garage to be in another location on the property.
  • The applicant was asked to provide the following:
  1. Updated information on the exact dimensions of the garage including height, width, length and the measured distance of the garage to all the property lines on a revised site plan.
  2. The locations of the existing septic and well on the property clearly demarcated on an updated site plan.
  • Friedlander tells the board a hard copy of the revised site plan was dropped off at the town offices however no documents were received and he is unable to access a digital copy to email or screen share with the board.
  • Chairwoman Ann Houghtaling asks the applicant if he agrees to extend the decision date to the next Zoning Board meeting on April 20th 2021 due to the requested documents not being submitted. Mr. Friedlander verbally agrees to the decision extension.

 

Motion made by Chairwoman Ann Houghtaling, seconded by Gary Jacobson, to extend the decision date on this application to the next Zoning Board meeting on April 20th 2021

Roll Vote: Chairwoman Ann Houghtaling –Yes, Michael Camargo –Yes, Gary Jacobson –Yes

Motion Carried.

 

New Business:

#2021-1-Area Variance

SBL: 62.82-5-5

Location: 426 Main Street 

Applicant: Forever Evergreen Realty

Marissa Weiss and Peter Bogdanos are present on behalf of this application.

The following is discussed about this application:

  • Weiss gives the board a summary of the requested variance.
  • The applicant is requesting an area variance for the conversion of an existing garage into an apartment/office/garage.
  • The parcel is located in a B1 Zoning District
  • The parcel currently has an apartment building and a garage.
  • The conversion of the garage: add a second floor for the apartment, first floor is remaining partially a garage for apartment tenants parking and a small office space.
  • The parcel does not meet the area requirements of Rosendale Code Chapter 75: ZONING – Density Control Schedule.
  • There will be a total of (6) parking spaces for the tenants, (2) inside the garage.
  • Bogdanos and his business partners purchased the property in 2010
  • The garage is currently rented as storage.
  • Bogdanos explains that the conversion to an apartment is needed because there is a housing shortage in our area and the garage as it currently exists is an eye sore.
  • Rendering of the proposed building is provided and reviewed.
  • Weiss goes through the Area Variance criteria with the board.
  • The board reviews the Short Environmental Assessment Form Part 1: Question #12 is answered Yes – The project site is located in or adjacent to an archeological sensitive area
  • After discussion the board concluded that the old D&H canal is behind the property.
  • Bogdanos is not disturbing any area near the canal. He also brings up the towpath access behind his parcel. He knows the Rosendale Street Festival uses the towpath during the festival and he has no plans on denying them access or constructing anything in the way of it. The festival is one of his favorite parts about living in Rosendale.
  • Chairwoman Houghtaling asks if any tree removal will be done?
  • Bogdanos responds there will be (1) tree removed because it is a potential hazard and he has discussed the removal with the neighboring parcel owner (Rossler) They are very happy he is removing it because it’s also a hazard to their property.

 

Motion made by Chairwoman Ann Houghtaling, seconded by Michael Camargo, to set a public hearing for this application on April 20th 2021

Roll Vote: Chairwoman Ann Houghtaling– Yes, Michael Camargo –Yes, Gary Jacobson –Yes

Motion carried.

Adjournment:

 

Motion made by Chairwoman Ann Houghtaling, seconded by Gary Jacobson, to adjourn the meeting at 7:52pm.

Roll Vote: Chairwoman Ann Houghtaling– Yes, Michael Camargo –Yes, Gary Jacobson –Yes

Motion carried.

Respectfully submitted,

Zoning Board of Appeals Clerk

Brisa Casas