Minutes Red Hook Zoning Board of Appeals
June 8, 2005

June 8, 2005 meeting called to order by Timothy Ross, Chairman

Roll call: Members present: Jeanne Douglas, Michael Mosher, Kenneth Anderson, Robert Latimer, Corinne Weber
Absent: Gordon Denegar

Town Board Liaison: James Ross

The minutes of May 11, 2005 were reviewed. There were no additions/corrections. Upon motion by Timothy Ross and seconded by Corinne Weber, the minutes were accepted 6-0 upon roll call vote.

Planning Board minutes: Corinne Weber asked if a response had been received as to the ZBA’s questions as to Michelle’s Grieg’s qualifications. To date, nothing has been received from the Planning Board.

ZEO memos: There was some discussion as to the McLaughlin lost building permit.
Building permits were reviewed with no remarks.

Continuation of Public Hearing Appeal 05-05 TKB,LLC. This matter was adjourned to July at the request of the applicant.

Public Hearing Appeal 05-06 Henry Ruella for a variance to subdivide a flag lot into two lots with only 50’ frontage. Mr. Ruella has a lot of 20.986 acres which he wishes to subdivide into two parcels. There is only 54.94 foot frontage. It is his intention to divide this into two parcels of frontage, each 27.47 feet. This would require a variance of 22.53 feet for each lot. Mr. Ross opened the Public Hearing. Gary Magley whose property abutted that of the applicant offered the original survey map of the property and stated that he was concerned that there would be two driveways adjacent to his property . A lengthy discussion followed as to whether this would be two driveways, each with 27 feet of road frontage or one common driveway with 27 feet of road frontage being on both deeds. Robert Latimer observed that this might set an example for future flag lot requests. Mr. Magley had no objection so long as there would be a restriction that there would only be two lots. Mr. Ross closed the Public Hearing. During a short discussion by the Board members, the Chairman stated that several conditions should be placed upon any approval. Robert Latimer made a motion to grant approval of the variance based upon one curb cut, one common driveway, no further subdivision of this parcel. Corinne Weber seconded the motion. During discussion of this motion it was decided to add that any restrictions are to be placed on the deed and shown on the filed map, any proposed alteration would require approval from the adjoining neighbors. This would be of benefit to the applicant and no perceived detriment to the neighborhood. The landowner would be trading off any future development rights for two parcels, both of which are in excess of the required acreage in the zoning district. This motion was passed with a five-one roll call vote as follows:
Robert Latimer Yes
Corinne Weber Yes
Timothy Ross Yes
Jeanne Douglas No
Kenneth Anderson Yes
Michael Mosher Yes

Continuation Appeal 05-07 Joseph O’Han application for a variance to the District Schedule of Area and Bulk Regulations pertaining to side yard setback requirements. The applicant wants to install a 448 sq. ft. inground pool twelve feet from the side yard property line which requires an 8 foot variance. He submitted a sketch plan showing the exact dimensions involved in the proposal. It was noted that a macadam basketball court and a large shed both encroached on the side yard set back and neither had a building permit. Mr. O’Han indicated the shed will house filtering equipment for the pool and was advised to notify the building inspector of this fact when he applies for a building permit for the pool. The ZEO will review building permit and setback requirements of a basketball court and advise the Board of his determination at the July meeting, as such Mr. Ross chose not to address either of these issues but only the matter before the Board. Michael Mosher asked the applicant if the swimming pool would encroach any further than the shed. The response was the pool would be in line with the shed. The Chairman opened the Public Hearing and as there was no one in the audience to be heard, closed the Public Hearing. Corinne Weber made a motion that an 8’ variance be granted for a 12’ set back and the present shed is to be moved within the same set back as this would be of benefit to the applicant with no opposition from any neighbors. This motion was seconded by Michael Mosher and passed with a 5-1 roll call vote as follows:

Robert Latimer Yes
Corinne Weber Yes
Timothy Ross Yes
Jeanne Douglas No
Kenneth Anderson Yes
Michael Mosher Yes

Public Hearing Appeal 05-08 Carolyn Dewald application for a variance from the side yard setback requirements for construction of a garage. The applicant requested an adjournment to the July meeting.

Review Appeal 05-09 Paul Telesca application for an area variance from §143-28. The applicant wants to install an 8’ fence. The applicant has a permit to erect a six foot fence but would like to put up an eight foot fence. Mr. Telesca submitted a survey map and showed where he wanted to place the fence. His property line runs along that of a gasoline station. He states that trucks and cars come onto the station property and make a lot of noise and that there are dumpsters in his view shed from the deck on his house. He feels that an eight foot fence would better mitigate these issues than a six foot fence. The Chairman asked that he place stakes both six feet and eight feet on the property and take pictures to bring in for the Board to assist it in making a decision. The Chairman scheduled July 13th at 7:20 for a Public Hearing.

As there was no further business to come before the Board, upon motion by Corinne Weber seconded by Robert Latimer, and unanimously carried, the meeting was adjourned.