Town of Marbletown Zoning Board of Appeals

 Draft Monthly Meeting Minutes for Wednesday, October 23, 2013

 Present: Will Husta, Chairman, Brian Taylor, Paris Perry, Mark Knudsen, Kathie Grambling

Absent: Dottie Pismopulos, Diane Silverberg

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Chairman Husta called the meeting to order at 7:02PM

Chairman Husta read the Agenda into the record

Chairman Husta stated Kathie Grambling would be acting as Dottie Pismopulos for all cases this evening.

 

Old Application:

None

 

New Application:

None

 

Public Hearing:

  1. Weitzman, Richard and Maria- Appealing the CEO’s decision and  requesting an Area Variance on property located at 383 Pine Bush Road in the A-2 zoning district at tax map number 69.2-1-21.111.

 

Paris Perry motioned to open the public hearing; Brian Taylor seconded; Vote: Will Husta- Aye, Brian Taylor-Aye, Paris Perry-Aye, Mark Knudsen-Aye, Kathie Grambling-Aye

Absent: Dottie Pismopulos, Diane Silverberg.  Motion carried with 5 ayes, 0 nays, 0 abstentions, 2 absent.

 

Richard Weitzman presented his situation and Variance request via a PowerPoint.

Background:

• Like most of us, we lost power for about a week after hurricane Irene.

• Since we both work out of the house, if we lose power we lose income

• After Irene we worked out of a hotel, but it was costly and difficult

• We decided we needed a generator ASAP to guard against this

• Pine bush road near our house is susceptible to this, as there are many large trees on a slope  which are within striking range of the power lines if they fall.

• I knew I would need a permit, but decided it was worth the penalty fees for acting immediately, so I had it installed

 

Issue:

• What I did not realize was that I was too close the adjacent property line.

• So, we are applying in good faith for a variance

Area Variance Criteria Applicant response Board Response
Can benefit be achieved by other means

feasible to applicant

 

-The generator was placed on the WEST side of house because it is next to the electrical service to the house (the big green box) AND next to a preexisting , underground conduit leading into the house from underground

 

-The property has issues which make this spot the only feasible spot to place a generator (with its attendant 250 gallon propane tank, see pictures).  Specifically:

 

-Along the entire EAST side of property runs part of a perimeter drain that would have to be severely disrupted in order to run electric to that side of house.  Given the flat, wet topography of the property, proper, continuous, functioning of this drain is critical to keep house dry.

-Generator and propane tank are +/- 800ft from Pine Bush Rd

-Parcel is 30 acres

-The recurrent issue is many buried water, sewer, and drainage lines I have. The reason is that the

property is flat and wet, and so water is pumped down, sewage is pumped up, and water is trenched back to swales in back.

-These same factor make it very difficult and risky to dig under these structures.  It is cost prohibitive from the start, and if any are damaged from any digging, the costs skyrocket.

– That is why the only viable place to put it along WEST side of house

 

None
Undesirable change in neighborhood character or to nearby properties

 

The generator is about 800 or so feet from the road.  This is a guesstimate.

• Paul and Lisa Kwiecinski own the 34 acre parcel next door. Right where the generator is, there is a hay field. There is currently no house on it.

• Given the distance from the road, the size of the Kwiecinski’s property, and the fact that the generator only would run in a power failure ( and 15 minutes a week as “exercise”), I think there  is minimal to no adverse changes

 

None
Is Request substantial -The generator is about 3 ft. from the property line, and the requirement is 10 ft., so we are off  by 7 ft.

-The existing Green electrical box and post are both about 4 ft. from the property line

-The Gas tank is about 3 ft. from the property line

None
Will request have adverse physical or environmental effects?

 

-I think there are no adverse physical effects.

– Environmentally, there is noise only in the very rare time of power outage, which is obviously temporary. Given the large size of the adjacent lot, should a house be built there, I think the noise impact would be extremely small.

– Visually, it is hundreds of feet from the road, and it is a small house generator, 5 feet by 3

feet by 4 feet, in a white plastic covering.  I think the visual impact is negligible especially given distances involved.

 

None
Is alleged difficulty self created? -Yes, but after Irene we all had emotional stress and economic need, which is what motivated me to get it ASAP.

– There were pre‐existing electrical conduits from the power service junction box to the house. These pass under all the buried piping. One conduit was empty and available for emergency power.

None

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               

Board Questions/Comments

Member Question/Comment Applicant Response
Kathie Grambling Does the generator overlap the meter box Yes
Kathie Grambling What is the distance from the meter box to the driveway 4-5 feet
Dan Proctor What is the area immediately adjacent like The entire area is wet and there are NYSDEC regulated wetlands and their required 100ft buffer along the rear
Dan Proctor Would you be willing to put a fence around the generator Yes

 

Public Comment

Public Comment/Question Applicant response Board Response
Bill Terpening Did the CEO classify tthis as an Accessory Structure None Yes

 

Motions:

Paris Perry motioned to keep the public hearing open for documents only; Dan Proctor seconded Vote: Will Husta- Aye, Brian Taylor-Aye, Paris Perry-Aye, Mark Knudsen-Aye, Kathie Grambling-Aye

Absent: Dottie Pismopulos, Diane Silverberg.  Motion carried with 5 ayes, 0 nays, 0 abstentions, 2 absent.

 

2. Bress, Anne & Ferri, Steve, Applicants; Basten, Lourd & Rodney, Property owners- SUPs for a 2 bedroom B&B, Museum and associated gift shop on property located at 1 Basten Lane in the R-1 zoning District at tax map number 62.3-2-12.110.

Paris Perry motioned to open the public hearing; Brian Taylor seconded Vote: Will Husta- Aye, Brian Taylor-Aye, Paris Perry-Aye, Mark Knudsen-Aye, Kathie Grambling-Aye

Absent: Dottie Pismopulos, Diane Silverberg.  Motion carried with 5 ayes, 0 nays, 0 abstentions, 2 absent

 

Applicant Summary-Applicants are applying to convert 2 bedrooms out of an existing 6 bedroom house into a Bed & Breakfast use as well as convert +/- 600 sq. ft. on the ground floor into a micro-museum and associated gift shop to display a private collection of Steiff Teddy Bears. Additionally they will be converting an existing bathroom on the ground floor into a handicap accessible bathroom. Mr. Ferri is trained as a Chef and will be preparing all the meals for the B&B, which will consist of Breakfast and possibly ‘lunch to go’ Applicants have checked with Ulster County Dept. of Health and they don’t regulate B &Bs. Applicants have begun discussion with Dave Corrigan of  NYSDOT regarding the access. Their initial proposal is to make the existing driveway a one way ingress and change Basten Lane from 2 way to one way egress only.

Board Questions/Comments

Member Question/Comment Applicant Response
Brian Taylor Are you providing handicap parking Yes, the space closest to he house on the north side will be handicap accessible
Kathie Grambling Will you be blacktopping the driveway Yes
Mark Knudsen Can DOT require Basten Lane to become one way? This is their initial response from DOT. They are open to discussion of other options
Kathie Grambling Feels Basten Lane should remain 2 way None
Mark Knudsen What is your timetable As soon as approval is granted

 

Public Comment

Public Comment/Question Applicant response Board Response
Bill Terpening Will the items on display in the museum be for sale No, the collection of Bears is a private collection that will be display only. They will sell new Bears in the gift shop None
Jim Ostrander Has a problem with changing Baste Lane to one way for the following reasons: Applicants don’t own it; it is the line where the US Postal Service changes delivery from Stone Ridge zip code to Kingston. They go through this access both ways Applicants stated they are willing to re-engage DOT None
Jim Ostrander Can the intersection of Basten Lane and Rte 209 be widened If the Board wishes Will consider as part of final review
Chip Belmore Would like to see existing driveway one way for egress and leave Basten Lane as two way and use it for ingress to the Applicant’s use as well None None
Rod Basten Supports using existing driveway as one way egress only for the following reasons: doesn’t disrupt US Postal service route/delivery; it is fairly level across from Basten Lane where Victory Lane intersects; coming south on Rte. 209 from Kingston, it is hard to stop at the first driveway. None None
Carl Pezzino Do we have to follow DOT’s request Ultimately, NYSDOT will need to issue us a permit. They stated this is their initial design. Applicants stated they will re-engage NYSDOT. None
Carl Pezzino This is an R-1 district, which is residential. It feels as though the commercial uses are spreading further out on 209. Like scheme, in general. Three things for the Board to consider: traffic load on a residential area, business uses creeping further out on 209, retaining residential character and feel None None
Bill Terpening Not sure if multiple SUPs can be approved. Impact should be cumulative None B&B is part of the existing residential use. Applicant has 2.6 acres
Carl Pezzino Even though the speed limit is 40, people do 50 or more. Goes in and out of Tongore regularly and people cross the double yellow line to get around cars turning. In 1998 when the CDC did a town survey the results showed residents felt then there was too much traffic on 209. Not sure if this is the right place for this use None None

Motions:

Paris Perry motioned to keep public hearing open for documents only; Dan Proctor seconded Vote: Will Husta- Aye, Brian Taylor-Aye, Paris Perry-Aye, Mark Knudsen-Aye, Kathie Grambling-Aye

Absent: Dottie Pismopulos, Diane Silverberg.  Motion carried with 5 ayes, 0 nays, 0 abstentions, 2 absent

 

Kathie Grambling motioned to adjourn; Mark Knudsen seconded Vote: Will Husta- Aye, Brian Taylor-Aye, Paris Perry-Aye, Mark Knudsen-Aye, Kathie Grambling-Aye

Absent: Dottie Pismopulos, Diane Silverberg.  Motion carried with 5 ayes, 0 nays, 0 abstentions, 2 absent

 

Meeting Adjourned at 8:50

Respectfully Submitted,

 

Maggie Colan, Secretary