Added: December 06, 2018
Ms. Williams made a motion to open the meeting at 6:52 pm, 2nd by Ms. White and carried unanimously.
Agenda Item 1- ROLL CALL
Chair: Kathleen Williams
Members: Karen White, Carol Miles and Sandra West
Absent: Charles Kutcher
Alternate: Maya Carl
Public Present: Carl Giangrande, ZEO
Agenda Item 2- Approval of Minutes
The Minutes of the October 3, 2018 meeting were accepted on a motion by Ms. Miles, 2nd by Ms. West and carried.
Agenda Item 3- Findings and discussions of the following properties: 149.00-3-5, 132.00-7-5.1 & 132.00-6-5
Carl Giangrande, ZEO for the Town of Jewett, took the floor to introduce himself to the zoning board and address the three parcels above that he was requested to look into. The first property discussed was 132.00-6-5 regarding a parcel that has a secondary structure built without having a primary structure first. Mr. Giangrande explained that as it relates to any property with two individual tax parcels, by interpretation, two congruous properties can be recognized as one zoning lot as long as it is maintained by the same owner. Ms. West asked what happens if they sell one parcel, would it be grandfathered in. Mr. Giangrande answered no it would then be considered non-conforming. Ms. White then asked how the new owners will know this information when they go to buy. Mr. Giangrande said during the title search this would be known, the buyer would know ahead of time that the property is non-developable. He then suggested the town have the current owner sign a zoning declaration stating that his multiple parcels that boarder each other be looked at as one zoning lot and that once the property was sold, it would dissolve the declaration. The board was satisfied with doing a zoning declaration and requested that Mr. Giangrande proceed with this.
The second lot, 132.00-7-5.1 was discussed. The issue with this property was that the owner placed a 9×10 shed right on the property side lot line. Mr. Giangrande found that because the structure was less than 12×12 and didn’t require a building permit, therefore it did not have to conform to zoning regulations because it is considered a permitted obstruction. Mr. Giangrande mentioned that our law is not very specific when it comes to what is considered acceptable/ not acceptable permitted obstructions. He suggested that the zoning board review the specifics of acceptable permitted obstructions and make recommendations to the town board. The zoning board agreed and will work on recommendations to present to the town board.
The third lot, 132.00-6-5, which was found to have a structure built on the side lot line, was in fact in violation. The structure was much larger than 12×12 and no building permit was found on file. Mr. Giangrande left his calling card and is waiting to hear from the owners.
The board thanked Mr. Giangrande for looking into these parcels and for attending the meeting. The board then agreed to meet again next month, weather permitting.
Agenda Item 4- Other Business
There being no other business, Ms. West made a motion to close the meeting, seconded by Ms. White; the vote was unanimous and the meeting was closed at 7:47 pm.
Respectfully Submitted,
Maya Carl _____________________________
Secretary Accepted
Added: November 08, 2018
Ms. Williams made a motion to open the meeting at 7:00 pm, 2nd by Ms. White and carried unanimously.
Agenda Item 1- ROLL CALL
Chair: Kathleen Williams
Members: Karen White, Carol Miles and Sandra West
Absent: Charles Kutcher
Alternate: Maya Carl
Public Present: No public present
Agenda Item 2- Approval of Minutes
The amended Minutes of the July 5, 2018 meeting were accepted on a motion by Ms. West, 2nd by Ms. Miles and carried.
Agenda Item 3- Discussion of property located on 23C
The board discussed a certain property on Rt. 23C regarding a home and garage built on two separate pieces of property. According to Town Law there cannot be a secondary structure on a parcel without first having a primary structure. It is fairly easy to combine parcels together and Nancy Bower, town Assessor will be consulted with as to the process. There were two other properties that were discussed, one on Colgate Rd. and the other on Rt. 23C. It looks as though both parcels have built structures, one on Colgate Rd. being 12×12 but right next to the property line and the other on 23C a bit larger, also right on the property line, without regards to the zoning requirements. The zoning board would like the ZEO to look into these three parcels and report back to them at the next zoning board meeting which is scheduled for Wednesday November 7, 2018.
Agenda Item 4- Other Business
The board received the updated zoning and code amendments and went over each one.
The board is requesting updated books as many new laws have been added since the last printing.
There being no other business, Ms. White made a motion to close the meeting, seconded by Ms. Miles; the vote was unanimous and the meeting was closed at 8:18 pm.
Respectfully Submitted,
Maya Carl _____________________________
Secretary Accepted
Added: October 11, 2018
Mr. Kutcher made a motion to open the meeting at 7:05 pm, 2nd by Ms. Williams and carried unanimously.
Agenda Item 1- ROLL CALL
Chair: Kathleen Williams
Members: Charles Kutcher, Karen White, Carol Miles and Sandra West
Alternate: Maya Carl
Public Present: James Cavoli, Duncan Schmitt NYC DEP, Scott Lane P.E.,
Yuri Kobziar and Ann M S Dwyer
Agenda Item 2- Approval of Minutes
The amended Minutes of the June 6, 2018 meeting were accepted on a motion by Ms. West, 2nd by Ms. Miles and carried.
Agenda Item 3- Public Hearing for Area Variance for Yuri Kobziar, 10240 Route 23A, Jewett, Hunter, NY Tax ID No.145.00-5-5; Rural Conservation Zoning District, 1.4 acres.
Mr. Kutcher made a motion, 2nd by Ms. White to open the public hearing at 7:07 pm for an application for Area Variance for Yuri Kobziar.
The board then called Mr. Kobziar to the floor to make sure he had all his appropriate paperwork in order. The board confirmed that Mr. Kobziar had signed and hung up the required notice on his property and he produced all certified receipts showing that he had notified his neighbors of the public hearing. The board sent a 239 review form to Greene County requesting their input since this property is located at the corner of County Route 17 and NYS Route 23A. The county replied saying there would be no county impact and that a local decision should be made. The owner’s representative, Scott Lane sent a letter out to NYS DOT.
A letter was received back from NYS DOT citing no objections as well.
Mr. Kutcher made a motion to close the public hearing at 7:16 pm, seconded by Ms. White.
The board discussed Mr. Kobziar’s request and reviewed the benefit to applicant weighed against the detriment to health, safety and welfare of the neighborhood.
Agenda Item 4- Application for Area Variance for Yuri Kobziar
Ms. West made a motion, 2nd by Ms. Miles and carried the board approved Mr. Kobziar’s application granting a 15ft. variance to the front property line.
ROLL CALL VOTE: Ms. Williams- AYE, Mr. Kutcher -AYE, Ms. White- AYE, Ms. Miles-AYE, Ms. West- AYE.
The vote was unanimous and the motion was approved.
Agenda Item 5- Public Hearing for Area Variance for James Cavoli, 336 Deming Road, Jewett, NY Tax ID No.163.00-2-4; Rural Conservation Zoning District, 120.39 acres.
Ms. White made a motion, 2nd by Mr. Kutcher to open the public hearing at 7:20 pm for an application for Area Variance for James Cavoli. Duncan Schmitt of NYC DEP took the floor and requested Mr. Cavoli’s variance be 24’ instead of 14’ citing that the DEP is requesting a cushion of 10’ to their easement.
The board then called Mr. Cavoli to the floor to make sure he had all his appropriate paperwork in order. The board confirmed that Mr. Cavoli had signed and hung up the required notice on his property and he produced all certified receipts showing that he had notified his neighbors of the public hearing.
Mr. Kutcher made a motion to close the public hearing at 7:30 pm, seconded by Ms. Miles.
The board discussed Mr. Cavoli’s request and reviewed the benefit to applicant weighed against the detriment to health, safety and welfare of the neighborhood.
Agenda Item 6- Application for Area Variance for James Cavoli
Mr. Kutcher made a motion, 2nd by Ms. White and carried the board approved Mr. Cavoli’s application granting a 24ft. variance to the front property line.
ROLL CALL VOTE: Ms. Williams- AYE, Ms. White- AYE, Ms. Miles-AYE, Ms. West- AYE.
The vote was unanimous and the motion was approved.
Agenda Item 7- Other Business
Ms. Williams wanted to discuss a property located near Colgate Lake that is an undersized lot.
The owners are looking to build a home taking into consideration all zoning laws. The board agreed that because this lot was already a parcel before the zoning laws went into effect, that this piece of land is grandfathered in and that a home can be placed on it as long as all the setbacks are met.
Another property located on 23C was brought up. There is a garage and shed placed on the property without a main structure. The board would like Stacy Sprauge, ZEO to look into this further.
The secretary to the Zoning Board will contact her on Monday.
There being no other business, Ms. Williams made a motion to close the meeting, seconded by Ms. West; the vote was unanimous and the meeting was closed at 8:04 pm.
Respectfully Submitted,
Maya Carl _____________________________
Secretary Accepted
Added: July 09, 2018
Ms. Williams made a motion to open the meeting at 7:00 pm.
Agenda Item 1- ROLL CALL
Chair: Kathleen Williams
Members: Charles Kutcher, Carol Miles, Karen White and Sandra West
Alternate: Maya Carl
Public Present: James Cavoli, Scott Lane and Yuri Kobziar
Agenda Item 2- Approval of Minutes
Minutes of the October 4, 2017 meeting were accepted with notation on a motion by Mr. Kutcher,
2nd by Ms. West and carried. After the October board meeting, it was agreed to do a site visit to the Meyerhoff property. After the site visit was done, Mr. and Mrs. Meyerhoff withdrew their application and did not go any further with the requested area variance.
Agenda Item 3- Application for Area Variance for James Cavoli, 336 Deming Road, Jewett, NY Tax ID No.163.00-2-4; Rural Conservation Zoning District, 120.39 acres.
The board reviewed Mr. Cavoli’s application for a variance request. Mr. Cavoli took the floor and explained his plans to the board. He is looking to take down an existing barn on his property and in its place build a 30’x60’ barn. He had applied for a building permit, but was denied due to the fact that he does not meet the required setback footage from the property front lot line to the proposed barn. Mr. Cavoli is looking to obtain a 14’ variance to the front lot line. ZEO, Stacy Sprague visited the site and confirmed that Mr. Cavoli’s measurements were correct.
According to the detailed plot plan that Mr. Cavoli provided, there is an existing barn already on the property that does not meet setbacks, but was grandfathered in when he bought the property. Mr. Cavoli lives on a dead end road which is used by the Town of Jewett’s highway department as a turnaround. The area is a bit tight and with Mr. Cavoli wanting to tear down the existing barn and move back slightly from the road it will afford the highway department much more room to make the turnaround a lot easier and safer. Mr. Cavoli was asked by the board why he could not place the barn further back since he has 120.39 acres. He said that he has an easement with DEC for the majority of his parcel and if he places it any closer to their area, he will be infringing on their easement.
It was decided to go ahead with the public hearing and variance request. Mr. Cavoli gave permission for board members to do a site visit, which has been scheduled for June 21, 2018.
Ms. White made a motion, 2nd by Mr. Kutcher and carried the board accepted Mr. Cavoli’s application as complete and carried unanimously.
ROLL CALL VOTE: Ms. Williams- AYE, Ms. West- AYE, Ms. Miles-AYE, Ms. White- AYE, Mr. Kutcher- AYE.
The vote was five ayes and the motion was approved.
Mr. Cavoli was then given the required signage that he must have hung on his property, including all the adjoining property owners’ information so that he can begin to notify his neighbors of the public hearing which has been scheduled for July 5, 2018 at 7pm in the Jewett Town Hall.
Agenda Item 4- Application for Area Variance for Yuri Kobziar, 10240 Route 23A, Hunter, NY Tax ID No. 145.00-5-5; Rural Residential Zoning District, 1.4 acres.
The board reviewed Mr. Kobziar’s application for a variance request. Mr. Kobziar took the floor and explained his plans to the board. He is looking to build a 22’x28’garage to the south Route 23A side of the existing structure for ease of access to the house directly due to physical issues for safety. Mr. Kobziar is looking to obtain a 15’ variance to the front lot line. The board would like to send the Greene County Planning Board a 239 review form since the property is located on NYS Route 23A. Mr. Kobziar gave permission for engineer Scott Lane to represent him.
It was decided to go ahead with the public hearing and variance request. Mr. Kobziar gave permission for board members to do a site visit, which has been scheduled for June 21, 2018.
Mr. Kutcher made a motion, 2nd by Ms. West and carried the board accepted Mr. Kobziar’s application as complete and carried unanimously.
ROLL CALL VOTE: Ms. Williams- AYE, Ms. West- AYE, Ms. Miles-AYE, Ms. White- AYE, Mr. Kutcher- AYE.
The vote was five ayes and the motion was approved.
Mr. Kobziar was then given the required signage that he must have hung on his property, including all the adjoining property owners’ information so that he can begin to notify his neighbors of the public hearing which has been scheduled for July 5, 2018 at 7pm in the Jewett Town Hall.
Agenda Item 3- Other Business
There being no other business, Ms. White made a motion to close the meeting, seconded by Mr. Kutcher; the vote was unanimous and the meeting was closed at 8:05 pm.
Respectfully Submitted,
Maya Carl ____________________________
Secretary Accepted
Added: June 13, 2018
Ms. Williams made a motion to open the meeting at 7:00 pm, 2nd by Ms. White and carried unanimously.
Agenda Item 1- ROLL CALL
Chair: Kathleen Williams
Members: Charles Kutcher, Karen White, Carol Miles and Sandra West
Alternate: Maya Carl
Public Present: Erich and Rosemary Meyerhoff, Lara Bowen
Agenda Item 2- Approval of Minutes
The Minutes of the August 2, 2017 meeting were accepted on a motion by Ms. White,
2nd by Ms. Miles and carried, Mr. Kutcher abstained.
Agenda Item 3- Application for Area Variance for Erich and Rosemary Meyerhoff, 270 Ryan Road, Jewett, NY Tax ID No.130.00-3-43; Rural Residential Zoning District, 1.70 acres.
The board reviewed Mr. & Mrs. Myerhoff’s application for two area variance requests.
Mr. Meyerhoff took the floor and explained their plans to the board. They are looking to take down an existing shed/ garage that has been grandfathered in and rebuild a new one that would be larger extending to the side and rear lot line. They will not be changing the front corner measurements that have been grandfathered in; towards the front and side lot line. But because they are not rebuilding in the same exact footprint, they will need to apply for the same variance that they were once grandfathered into. They are looking for two area variances, a 40’ area variance to the front lot line and a 21’ area variance to the side lot line.
The board reviewed the plans and asked the applicants if they would allow the board to come onto thier property to do a site visit. Mr. Meyerhoff and Mrs. Meyerhoff agreed and a date was set for August 5, 2017 at 4pm. No public hearing was scheduled as Ms. Williams wanted to take the proper time to look at the property and discuss those findings at the next scheduled zoning meeting which would be for November 1st. She also mentioned that she would like to discuss this case with our town attorney, Tal G. Rappleyea.
Agenda Item 4- Other Business
Ms. Bowen, spectator from the public took the floor and presented her plans to the board. She is not applying for any specific kind of area or use variance. She simply wanted to confirm that her plans were in compliance with the zoning setback laws, which it was. She then asked questions regarding the time frame for building and when it would get too cold to build in our area. The board told her that the slab has to have time to cure in the right temperature and she was advised to ask her builder. Ms. Bowen then thanked the board for taking the time to speak with her.
Continued education for Zoning Training was brought up. The board would like to have a group training. Ms. West found two eligible training courses thru NYS Department of State. The board reviewed the topics and picked two training webinars to partake in. The first being “Dealing with locally unwanted land uses” and the second, “Exploring standards of ethical conduct for members of planning boards and zoning boards of Appeals: Article 18 of the GML & the common law”. Everyone agreed and training was set for October 18, 2017 at 7pm taking place at the residence of Mr. Kutcher.
There being no other business, Ms. West made a motion to close the meeting, seconded by Mr. Kutcher; the vote was unanimous and the meeting was closed at 8:14 pm.
Respectfully Submitted,
Maya Carl _____________________________
Secretary Accepted
