Minutes Red Hook Zoning Board of Appeals
August 10, 2005

August 10, 2005 meeting called to order by Timothy Ross, Chairman

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

Town Board Liaison: James Ross

The minutes of July 13, 2005 were reviewed. There were no additions/corrections.
Rob Latimer asked that the June 8, 2005 minutes regarding the Ruella Public Hearing be corrected to read “..this might set precedent for future flag lots…” not “…set an
example..” Upon motion by Robert Latimer and seconded by Kenneth Anderson, the minutes were accepted 4-0 upon roll call vote.

Planning Board minutes: No comments or questions

ZEO memos: Bob Fennell reported that 38 letters had been sent out about pools. Responses have been received from all but three. Records have been closed on about half, continue checking on others. Working on pools installed without CO’s from 1990 to present. When these have been completed, will work back.

Building permits were reviewed with no remarks.

Continuation of Public Hearing Appeal 05-05 TKB,LLC. This matter was adjourned to September 14, 2005 at the request of the applicant.

Public Hearing Appeal 05-10 Michael Tittmann for a variance for an existing pool which is 5 ½ ft. from the side property line. Mrs. Tittmann was present and explained that they are selling the house and discovered that the pool had no CO. The house was built prior to zoning. Applicant did not realize a permit was necessary for the pool which had been constructed 12 years ago. The pool is 14 feet from the boundary, deck is 5.6 feet from the side yard. Mr. Ross opened the Public Hearing. Jennifer Rowe, representing adjoining neighbor, Lois Martin, deceased, reported that the pool had never disturbed Mrs. Martin who had purchased her home prior to the pool being constructed. Robert Latimer asked if the Jacobi’s, who are adjacent neighbors, if the pool had ever bothered them and was told by Mrs. Tittmann it hadn’t and they had no complaints. Mr. Ross stated that the aerial picture shows that shrubbery screens the pool. Mr. Ross closed the Public Hearing. Robert Latimer made a motion to grant approval of the variance based upon the absence of any opposition. Kenneth Anderson seconded the motion. During discussion of this motion Tim Ross added that there would be no apparent detriment to the neighbors or neighborhood. Ken Anderson added to the motion that the pool has been there for 11 ½ years and that the applicants had been unaware that any permit was required. This motion with the additions was passed with a four-one roll call vote as follows:
Robert Latimer Yes
Timothy Ross Yes
Kenneth Anderson Yes
Gordon Denegar 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 did not appear, nor did anyone on her behalf. The secretary was instructed to write to Ms. DeWald if she intends to go forward with her application.

Public Hearing 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. Mr. Telesca produced photographs showing how a higher fence would screen views of the gas pumps and truck lights shining into his home at night. He could possibly put up fewer (3) sections of fence since he now has a shed and snow fence to partially shield his property. Neighbor, Jonathan Rhea supported the request for a variance. Robert Latimer stated that he had been against granting the variance but has changed his mind since visiting the site. A new fence will be an improvement over the orange plastic fence now in place. Ken Anderson was concerned about rigidity and lifetime of the proposed fence. Mr. Telesca stated that because of a higher fence, stronger supports and foundation would be needed and the fence would be very sturdy. Mr. Ross said that this was a unique situation and a higher fence seemed like a reasonable solution. The applicant advised that both sides of the fence would be the same so that Mr. Mathies would have a good view. Mr. Telesca asked that the Board wait until next month to make a decision. Mr. Ross urged everyone to visit the site and set September 14 at 7:40 for a continuation of the adjourned Public Hearing.

Public Hearing Appeal 05-11 H. Knick Staley request for a variance to replace an existing single wide house trailer with a double wide trailer north of its existing position. This is in violation of Sections 143-125A4(d) and 143-125B. Mr. Staley did not appear nor did anyone on his behalf. Mr. Fennell told the audience that a non conforming building can be replaced by another non-conforming building as long as it is on the same footprint and he read the sections of the zoning law regarding this. Ken Anderson asked if the coverage was okay and was told yes, that the Board had covered this last month. Michael Traudt, neighbor, asked how many people and/or families would this large size hold. Tim Ross wanted to know how many bedrooms and that more than the existing trailer would not meet the requirements. Judy Borromeo, neighbor suggested that there were too many people, too many cars, and too many wild cats on the property. Mike Traudt said that the property was not kept up. Ms. Borromeo said the grass was not cut, holes never filled in and that 47 cats had been caught that had not been cared for. Robert Latimer wanted to know if the replacement trailer was really new or used. Dan Luffman, who lives across the street, did not want a larger trailer as property is not kept up now. Mr. Ross said that new trailers are larger by code and it was his understanding that Mr. Staley could legally replace old trailer with smallest available, perhaps a new replacement single wide, but needs variance with double wide. Marcie Traudt, neighbor, stated that Mr. Staley was attempting to sell the property. Tim Ross said that there is a common well, common septic for the trailers. Michael Traudt said that mutual respect is needed between neighbors. Mr. Ross closed the discussion and continued this to September 14 at 7:20. He said that an updated map that included septic systems and wells was needed. He instructed the secretary to write the applicant and advise him of this request and that he will be given one more opportunity to appear. Ken Anderson asked how the old trailer would be removed. Bob Fennell responded that he and Steve Cole would see that it was done properly.

Review Appeal 05-12 Diane Demskie request for a variance to construct an addition which will not meet the set back requirements to the rear of the house. John Vidurek, contractor for Custom Built Homes appeared on behalf of Ms. Demskie. Mr. Vidurek advised the Board that Ms. Demskie, who owns the home, is physically challenged and needs a wider garage and requires a 4’ variance for the 24’ garage. The chairman requested Mr. Vidurek to obtain the overall lot size, coverage figures before and after renovation; letter of authorization to act as agent; to advise Ms. Demskie that $61.88 is needed for mailing the certified letters. He further set a Public Hearing date of September 14 at 8:00.

Paula Schoonmaker, secretary to the Planning Board, told the Board that someone has come before the Planning Board for site plan approval of a business at Butler Flooring Bldg. on Rte. 9. She asked if any sign variance had been granted or if a sign could be placed where the prior business had been. Mr. Ross said that no variances had been granted and none would be needed if a new sign of equal size replaced the old sign.

As there was no further business to come before the Board, upon motion by Tim Ross seconded by Kenneth Anderson, and unanimously carried, the meeting was adjourned.