ZBA November 17, 2002 Minutes

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November 17, 2020 | All Minutes

Town of Rosendale Zoning Board of Appeals

Rondout Municipal Center

1915 Lucas Ave.

Cottekill, NY 12419

Minutes

Tuesday, November 17th 2020

Kelleigh Mckenzie called the meeting to order at 7:11 pm.

Roll Call:

Chairwoman Ann Houghtaling                          Excused

Richard Hermance                                              Present

Kelleigh Mckenzie                                              Present

Michael Camargo                                                Excused

Gary Jacobson                                                     Present

Brisa Casas, Clerk                                               Present

Councilwoman Carrie Wykoff                            Present

Board member Kelleigh Mckenzie serves as Acting Chair for this meeting.

Minutes:

Motion made by Richard Hermance, seconded by Gary Jacobson, to accept the minutes from October 20th 2020

Roll Vote: Acting Chair Kelleigh Mckenzie –Yes, Richard Hermance–Yes, Gary Jacobson –Yes

Motion Carried.

Public Hearing: 

#2020-4-Area Variance

SBL: 62.82-5-17

Location: 382 Main Street

Applicant: Ron Faia

Ron Faia is present on behalf of this application.

Motion made by Acting Chair Kelleigh Mckenzie, seconded by Gary Jacobson, to open the public hearing at 7:15pm.

Roll Vote: Acting Chair Kelleigh Mckenzie –Yes, Richard Hermance–Yes, Gary Jacobson –Yes

Motion Carried.

  • The applicants parcel has an existing trailer on an undersized lot located at 382 Main Street
  • The applicant is requesting an area variance on an undersized lot for the required acreage per dwelling
  • The applicant would like to replace the trailer
  • This property is located in a B-1 Zoning District
  • No public comments made.

Motion made by Gary Jacobson, seconded by Richard Hermance, to close the public hearing at 7:20pm.

Roll Vote: Acting Chair Kelleigh Mckenzie –Yes, Richard Hermance–Yes, Gary Jacobson –Yes

Motion Carried.

#2020-5-Area Variance

SBL:70.42-4-12

Location: 741 Springtown Road

Applicant: Gianni Decicco

Gianni Decicco is present on behalf of this application.

Motion made by Gary Jacobson, seconded by Richard Hermance, to open the public hearing at 7:21pm.

Roll Vote: Acting Chair Kelleigh Mckenzie –Yes, Richard Hermance–Yes, Gary Jacobson –Yes

Motion Carried.

  • The applicant is requesting an area variance on an undersized lot for the required acreage per dwelling.
  • The applicant would like to converted an existing garage into an apartment and a three-car garage.
  • The parcel has an existing Two-Family residence and an old garage.
  • If the Area Variance was granted the parcel would have a total of three dwelling units.
  • This property is located in an R-2 Zoning District
  • No public comments made.

Motion made by Acting Chair Kelleigh Mckenzie, seconded by Gary Jacobson, to close the public hearing at 7:25pm.

Roll Vote: Acting Chair Kelleigh Mckenzie –Yes, Richard Hermance–Yes, Gary Jacobson –Yes

Motion Carried.

Old Business:

#2020-3-Area Variance

SBL: 62.18-1-12

Location: Risa Lane  

Applicant: Felecia Kelder

Felecia Kelder is present on behalf of this application.

  • The applicant is requesting an area variance on a vacant lot for the required acreage per dwelling.
  • The parcel currently has an acreage of 0.60
  • This parcel is undersized for the current Town of Rosendale Code Chapter 75: ZONING – Density Control Schedule.
  • The decision meeting date is discussed. Felecia agrees with the board to postpone this applications decision date until the December 15th 2020 meeting.
  • The board asks the applicant to see if the parcel owner previously tried to sell this vacant lot to any of the neighbors.
  • Acting Chair Kelleigh Mckenzie allows the public present to give short statements although the public hearing has already closed on this application.

Lynda Dubois – She was unaware that the property was for sale because she did not see for sale signs. She informs the board she reached out to the current owner and asked to purchase the property but her offer was declined.

Paul Fargione   – He is a neighbor and is not in favor of this area variance. He points out there are other vacant lots available from the subdivision in the neighborhood.

Jim Malak – He lives down the street from this parcel in the neighborhood and he is in favor of this application, he supports the requested variance.

Helena Hough – She is a neighbor across the street from the parcel and she is not in favor of this variance. She is concerned that the land will be disturbed because it is currently wooded.

Motion made by Acting Chair Kelleigh Mckenzie, seconded by Gary Jacobson, to extend the decision date, with the applicant’s consent, to December 15th 2020.

Roll Vote: Acting Chair Kelleigh Mckenzie –Yes, Richard Hermance–Yes, Gary Jacobson –Yes

Motion carried.

New 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 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.
  • Town of Rosendale Code Chapter 75: ZONING – Density Control Schedule.
  • This parcel is located in an A Zoning District
  • In an A Zone the side setback requirement is 30 feet.
  • The applicant is asking for approximately 9 feet 5 inches.
  • A public hearing is required.

Motion made by Acting Chair Kelleigh Mckenzie, seconded by Gary Jacobson, to set the public hearing for December 15th 2020 meeting at 7:00pm.

Roll Vote: Acting Chair Kelleigh Mckenzie –Yes, Richard Hermance–Yes, Gary Jacobson –Yes

Motion carried.

Adjournment:

Motion made by Gary Jacobson, seconded by Acting Chair Kelleigh Mckenzie, to adjourn the meeting at 8:42pm.

Roll Vote: Acting Chair Kelleigh Mckenzie –Yes, Richard Hermance–Yes, Gary Jacobson –Yes

Motion Carried.

Respectfully submitted,

Zoning Board of Appeals Clerk

Brisa Casas