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Zoning Board of Appeals Minutes 01-27-04
 | Marbletown Zoning Board
January 27, 2004
MINUTES
The regular monthly meeting was held at Town Hall at 7:00 p.m.
PRESENT:
W. Husta Chairman
P. Perry
H. Safier
S. Wilson
M Flemming
M. Knudsen
R.C. VanKleek
The meeting began with the pledge to the flag.
Public Hearing:
Thibaud & Nadine Mondini 77.2-1-8.300 Area Variance
Mr. & Mrs. Mondini of 252 Cedar Hill Road High Fall is here to represent the file.
The applicant wishes to build an addition that will be 17' from the
side yard of his property. The reason for the variance is that the
proposed addition cannot meet the required sideline setback of 30',
therefore, they need a variance to comply with zoning.
The applicants provided a map of the site showing the proposed
improvements and addressed the area variance criteria. Copies of
prepared answers were distributed to the Board.
H. Safier asks how many square foot is the proposed addition? Is it a
2-story Addition? Mr. Maintain stated that 1,800 sq. feet will be
added to the raised ranch.
H. Safier asks how far are you from the southerly neighbor? Mr. Mondini
reviewed maps with H. Safier and showed where the house is in relation
to the addition. H. Safier noted that the Mondinis are asking for a
substantial variance; there is a required setback of 30' and the
Mondinis are asking for a variance setback of only 13".
M. Knudsen asks if there is any screening. S. Wilson replies that she is familiar with the property and there is no screening.
Mondini Public Hearing Continued
P.Perry noted that the builder for the Mondinis is the same builder who did work for the prior applicant to the Board ( Benz).
Public Comment:
Milton Smith, the neighbor on the northerly side of Mondini, reviewed th site plan and offered no negative comment.
The Mondinis are hoping to build in March.
The application will be reviewed by the Board and the Mondinis will be notified of their decision.
W. Husta made a motion to close the public hearing
P.Perry 2nd the motion
All aye
New Business:
Peter & Mary Shultis 60.4-2-38 AREA VARIANCE
Mr. & Mrs. Shultis of 19 White Pines Road Accord, NY 12404 are here to represent the file.
The applicant wishes to build a shed for additional storage that would
be violating the zoning setback requirements. The applicant reviewed
the site plan with the board members and addressed the area variance
criteria.
W. Husta asks where the closest house is in reference to the property?
Mr. Shultis stated the closest house is at least 200 feet from my line.
W. Husta asks if the shed is going to be used for storage only and not
for any type of business? Mr. Shultis replies that it will be used for
lawn equipment and tools.
M. Flemming asks if you can build the shed closer to the back lot line.
Mr. Shultis states that there is a drainage field in the back and he
needs to leave enough room to get a piece of machinery in if the field
required repairs in the future.
Shultis Variance Continued
H. Safier asks if it is going to be a baby barn of if Mr. Shultis is going to build it?
Mr. Shultis states he is going to build it himself.
W. Husta explained to Mr. Shultis the continuation of the application
process and he will be placed on the agenda for a public hearing for
February 25, 2004.
David Work 61.3-1-44.110 Area Variance
Mr. Work of 140 Smith Lane Accord, NY 12401 is here to represent the file.
The applicant wishes to build a 4' x 8' shed to enclose a well and
water filtration system. The applicant would like to insulate the shed
and add a small heater with a thermostat to prevent freezing of pipe
lines and to ensure easy maintenance of UV system.
The applicant wishes to build a shed which would be violating zoning
requirements. The applicant reviewed the site plan with the Board
and the area variance criteria.
W. Husta asks if there is any screening between shed and road? R.
VanKleek is Mr. Works neighbor states that there is in the summertime.
W. Husta asks what are the dimensions and how tall is the shed. Mr.
Work states that the shed is 4' x 8' and is less than 8 feet to the
peak of the roof.
M. Flemming asks is the pressure tank in the house or by the well. R
VanKleek replies that the pressure tank is in the pit along with the
well outside. The house was originally a mobile home and the previous
owner built a pit outside for the entire water system including a U/V
system and
submersible pump. The U/V system and pump do require periodic maintenance.
W. Husta asks where is the water surrounding the well coming from? Mr.
Work replies that it is ground water that is seeping up into the pit.
H. Safier asks D. Work can he the entire system in the house ? Work
states that I do not have space in the house and it is only a crawl
space underneath the house.
M. Knudsen states that where it is located and the height is an issue.
Can you make the representation of the shed to reflect the style of a
well house? Mr. Work states that he has purchased the shed kit already.
W. Husta aks if the kit is apart at this time? R. Vankleek responds
that yes it is he saw it and sent Mr. Work a violation notice.
W. Husta asks if D.W. can modify the shed to make it look like a well
house. Mr. Work states that he will try to modify the design and
submit it to the building ans zoning department.
Work area variance continued
Mr. Work will be placed on the agenda for a public hearing on February 25, 2004 upon receipt of plan modifications.
OLD BUSINESS
The Board reviewed the Ricks file and chronology of events to date. W.
Husta would like to speak with J. Moriello regarding the case before
any final decisions are made.
The Board reviewed the Sloyan file. Paris Perry compiled a list of
what applicant was supposed to do, what is completed, and what was
requested of her. (See attached) P. Perry read entire list and stated
that applicant is non-compliant and has spoken with the applicant
regarding these issues to no avail. T. Vankleek states that the
applicant must comply with the original and the modification of the
original. H. Safier suggest sending the checklist to applicant. R.
VanKleek recommends the compliance must be met before the opening day
of business. W. Husta will speak to J. Moriello regarding case and
would like to plan for the 2nd step after giving applicant the checklist.
Minutes Approved
11-26-03
10-22-03
M. Flemming made a motion to approve the minutes
M. Knudsen 2nd the motion
all aye
Will Husta Adjourned the meeting | |
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Last Updated: Friday, Dec 10, 2004
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