The meeting opened at 7:00 pm.
Agenda Item 1: ROLL CALL:
Chair: Kathleen Williams;
Members: Charles Kutcher; Carol Miles; Karen White; and Janet Nicholls
Agenda Item 2: Approval of Minutes of November 4, 2015
Mr. Kutcher made the motion to approve the minutes; Mrs. Nicholls seconded the motion, which was accepted unanimously.
Agenda Item 3: Area Variance for Lou Siracusano for property at 60 Windy Lane, Jewett, NY 12444; Zoning District Rural Residential: Tax ID No. 111.00-3-34
An Application for a Variance for Lou Siracusano, represented by Mr. Robert Loden, came before the Zoning Board of Appeals. Mr. Loden brought information packets and a large plat for Board review. The 60 Windy Lane property lies on a cul-de-sac; Windy Lane is located off of Meadow Lane Road, which itself is off of Carl Road.
Mr. Loden was advised to apply to the Zoning Board of Appeals for a Variance for the setback.
Mr. Loden’s information packets included: a statement of hardship dated November 30, 2015 with the letterhead LHS STF, LLC and written, but not signed, by Mr. Siracusano; a completed Application for Variance; a letter of representation for Mr. Loden to represent Mr. Siracusano using the LHS STF, LLC letterhead, unsigned by Mr. Sircusano; a chain of events statement dated November 30, 2015 with narratives by Robert Loden, Brian Dinge, and Lou Siracusano detailing their communications with Mr. Richard Shippee regarding their Building Permit; copy of an email from Mr. Siracusano to Mr. Loden with photo of footings with rebar prepared from the building site; four architectural drawings of the planned building – a left side and a rear side elevation delineating the footing at fifty feet (50’) and a left side and rear side elevation delineating the footing at thirty-five feet (35’) with the materials list; copies of the topography, elevation graph, plat design, and copy of Mr. Vanucchi’s original survey; a photocopy of the Building Permit Application; and emailed copies of the deed recorded with the Greene County Clerk for 60 Windy Lane (Section 111/Block 3/Lot 34). Mr. Muth, who attended tonight’s meeting, had provided the Denial of the Building Permit needed for the Zoning Board to consider this Area Variance. Mrs. Epstein collected the fee for the application and made a copy for the file.
Mr. Loden explained to the Board the contents of the packet. Ms. White said she had learned from Mrs. Bower that this was a relatively recent transfer of the property. The new owner, an LLC, is not on file with the Assessor’s Office. Mr. Loden handed Ms. White the deed from within the packet to review, saying it should clarify her question. The LLC, titled LHS STF, LLC, is listed on the emailed deed provided by Mr. Loden, but there is no obvious documentation substantiating Mr. Siracusano is owner of the LLC, which concerned the Zoning Board. Also concerning the Board is the fact that the Letter of Representation from Mr. Siracusano delineating Mr. Loden as representative is unsigned.
Ms. White noted the topography map shows a considerable drop off on this property, and asked Mr. Loden how the setback lined up with the front of the property. It was determined that this would be an Area Variance for a side lot line setback. The distance to the front line coming down off the cul-de-sac is two hundred and eighty-three feet (283’). The rear setback is seventy-five feet (75’) and the side setback is thirty-five feet (35’).
The Board was trying to identify the location of the septic system on the small copies of the plat in the information packet, but the small version lacks the detail of the larger plat. Mr. Loden was asked to identify the locations of the well and the septic system. He said he did not know where the septic was, but that if he had been the designer, he would have put it downhill from the house as that is the way the topography flows. He did know the location of the well, and this he filled in. The illustrated tree line follows the stonewall. Mr. Loden pointed out the existing house in relation to the proposed barn site; the barn site is the area he enlarged. The barn is located on the only reasonably flat area on the property. He provided two illustrations of the fill needed for the thirty-five foot setback and the fill needed for the fifty foot setback, which would cost the owner approximately $20,000 more to fill. Mr. Siracusano’s driveway runs alongside his neighbor’s boundary line to the new barn. Mr. Loden graphed the grade lines to entertain the pitch and this resulted in the same data he got off the topography map. Mrs. Williams noted he has room to go to the fifty-feet, but it would cost him a lot more. Mr. Muth stepped in with photos he had taken and showed the Board the difficulty that Mr. Loden was discussing. Ms. White suggested the Zoning Board visit the site – before the snow flies.
Mrs. Williams asked what the official site plan would be. Mr. Loden will use his copy of Mr. Vanucchi’s original survey. She asked him to locate the stonewall, identifying large trees and other pertinent identifying markers, locate the septic system so as to not build over it, and locate the well. Mrs. Williams wanted a smaller version of the big map, but Mr. Loden said he would give the Board his copy. Mr. Loden began drawing in the things she asked for, but the Board is unwilling to accept Mr. Loden’s assumption of where the septic system and leach field are located, and he was asked to get that information.
Mr. Loden said the surveyor’s deed abstract is with the information he is giving the Board. Ms. White raised again the problem of the deed being made out to an LLC. Mr. Kutcher said that is a process many people are doing when they buy property these days, but regardless the Board needs to see some documentation that Mr. Siracusano owns the LLC. Whatever corporate or partnership papers he has can be used to identify Mr. Siracusano as said owner. The LLC should be the one to fill out the application for the Variance. Mr. Loden said that Mr. Siracusano should be able to send that information tomorrow, and wondered whom to send that to. It was decided that information should be faxed along with signed copies of the unsigned letters, including the letter of representation that had not been signed.
Mr. Kutcher said that the LLC as the legal entity should designate Mr. Loden as the representative and the LLC has to show that Mr. Siracusano is its legal owner. The LLC will be paying the property taxes and the one assigning people to do the work. The main thing is that Mr. Siracusano is not the owner of the property, the LLC is. Mr. Kutcher said this is really a question for Mr. Rappleyea. Mrs. Williams said she would contact him with this question.
Mrs. Williams asked whether the Board could act on this tonight – Ms. White suggested the Board accept the application pending the information about the LLC and the septic system location. Mr. Kutcher asked what it means when we accept an application – Mrs. Williams said it starts the sixty-day cycle, and the Board can schedule the Public Hearing. The Board awaits the legal documentation and the exact location of septic system.
Mr. Loden requested the Board add the materials list to the hardship statement instead of its placement with the four drawings of the building with delineated setbacks.
Mrs. Epstein asked Mr. Loden to have Mr. Siracusano sign the documents he has left unsigned when he faxes them over, especially important to sign his letter of representation.
Mrs. Williams asked for permission to do an onsite review, and Mr. Loden said that permission was allocated on one of the documents received. She asked whether anything else needed for Site Plan. Mr. Loden said the County Health Department should provide the septic information. Mr. Muth said he has been unable to track it down with the DEP as that parcel had at least three different owners with as many different tax numbers as it has been subdivided. He has been unable to track it down. Mr. Loden asked Mr. Muth if he found anything to give him a ring. Mrs. Epstein offered to look in Catskill, but Mr. Muth said he lacks tax numbers and Building Permit ID numbers. Mr. Kutcher wondered whether everything slopes down from the house, because if there is any uphill from the house there would be no way to do it without installing a pump.
Mrs. Williams made the motion to accept this application for an area variance for a side lot line pending the Zoning Board receives the signed legal work faxed to it signed, with Mr. Loden acting as agent, and the site plan with detail for the septic. Mr. Kutcher seconded the motion, and a Role Call vote was called: Mrs. Williams – aye; Mr. Kutcher – aye; Mrs. Miles – aye; Mrs. Nicholls – aye; and Ms. White – aye.
The Sign Posting Certification, the Public Hearing for a Variance letter, and the pink sign to be posted by the property were given to Mr. Loden and the public hearing was scheduled for the January 6th meeting. He can obtain a list of the adjacent property owners from Nancy Bower and Mrs. Williams informed him the Board needs the certified mail receipts for its file. The sign has to be posted ten days prior to the Public Hearing, and Mrs. Epstein is to place notice with the paper within the same time period. Mr. Loden took that large map with him until he can locate the information on the septic system.
Agenda Item 4: Other Business:
Mrs. Epstein provided Vouchers for the Zoning Board members and turned them into Mrs. Carl.
There being no further business, Mr. Kutcher made the motion to close the meeting; Mrs. Nicholls seconded the motion; the vote was unanimous and the meeting adjourned at 8:24 p.m.
Respectfully submitted,
Susan Epstein
Secretary
________________________________
Accepted
The meeting opened at 7:00 pm.
Agenda Item 1: ROLL CALL:
Chair: Kathleen Williams;
Members: Charles Kutcher; Carol Miles; Karen White; and Janet Nicholls
Agenda Item 2: Approval of Minutes of April 1, 2015
Mr. Kutcher made the motion to approve the minutes; Mrs. Miles seconded the motion. Ms. White abstained. The motion was accepted unanimously.
Agenda Item 3: Administration:
The Zoning Board of Appeals reviewed the material for Mr. Pierre Christ at Mrs. Epstein’s request. Although Mr. Christ had dropped his application, Mrs. Epstein wanted to draw upon the experience of the ZBA in light of the difficulties presented therein, should any similar applications come before the Planning Board. In looking over the material, the ZBA concluded that the PB’s approach was the only feasible one. ZBA members said that even had Mr. Christ moved ahead with this application, they may have had to deny the variance for the setback, because it appeared to be a case of self-imposed hardship (see NYS Zoning Board of Appeals Handbook pp. 17-20).
Agenda Item 4: Other Business:
The Zoning Board of Appeals continued its review of the State Manual for Zoning Boards, covering pages 17 to 20, and this should count as an hour credit toward the four-hour training requirement.
Mrs. Williams mentioned that people had complained that the ZBA had not been meeting on a regular basis. She did not perceive a need as there has been no business, and suggested that the Zoning Board meet four times a year unless it receives an application. Mrs. Epstein said she could reword the meeting cancellation notices to let the public know when meetings have been cancelled for lack of commerce. The Board agreed. The next meeting is planned for March 2, 2016 at 7:00 p.m.
Ms. White said that she has trouble figuring out how to use the new GIS mapping on the Greene County web site. The Board recalled the training previously held at the Municipal Building and wondered if something similar could be arranged again. It is supposed that Mr. Pellitterri would be the individual to ask about this.
There being no further business, Mr. Kutcher made the motion to close the meeting; Mrs. Miles seconded the motion; the vote was unanimous and the meeting adjourned at 8:02 p.m.
Respectfully submitted,
Susan Epstein
Secretary
________________________________
Accepted
The meeting opened at 7:02 pm.
Agenda Item 1: ROLL CALL:
Chair: Kathleen Williams;
Members: Charles Kutcher; Carol Miles; and Janet Nicholls
Absent: Karen White
Agenda Item 2: Approval of Minutes of December 3, 2014
Mrs. Nicholls made the motion to approve the minutes; Mrs. Miles seconded the motion; the vote was unanimous and the minutes were approved.
Agenda Item 3: Administration:
Mrs. Nicholls alerted the membership concerning the RV Camping situation at the old Airport. Mrs. Epstein said that group had appeared before the Planning Board at the March 5th meeting, and that she had learned that what they needed to pursue was a gathering/parking permit overseen by the Town Board.
Agenda Item 4: Other Business:
It was decided to send flowers to Ms. White who could not be with us tonight.
After the meeting, the Zoning Board of Appeals will continue its review of the State Manual for Zoning Boards.
There being no other business, Mr. Kutcher made the motion to close the meeting; Mrs. Miles seconded the motion; the vote was unanimous and the meeting adjourned.
Respectfully submitted,
Susan Epstein
Secretary
________________________________
Accepted
