(3) Zoning Board of Appeals

DRAFT Town of Red Hook Zoning Board of Appeals Meeting Minutes December 11, 2013 CALL TO ORDER The meeting was called to order at 7:00 PM by Chairman Annas. ROLL CALL Members Present: Nick Annas, Tim Ross, Jim Hegstetter, Chris Carney, Ken Anderson, John Douglas, Trilby Sieverding Also Present: Town Board Liaison, Jim Ross PRELIMINARY BUSINESS Minutes of August 13, 2014: Chairman Annas asked if everyone had read the August 13, 2014 Minutes and invited comments or questions. Hearing none, Jim Hegstetter made a motion to accept the Minutes as written. The motion was seconded by Trilby Sieverding and all were in favor Planning Board Minutes and Letters: Chairman Annas asked the Board if they had any comments. Building Inspector/ZEO Permits, Memos/Comments: Most of the Board members are receiving the building permits. Tim Ross asked that Jackie send them in PDF format instead of JPEG format. Decorum of ZBA Public Hearings: Chairman Annas stated to the Board that there have to be time restrictions on the applicants and restrict Board conversations to one conversation at a time; a benefit to the Board members as well as the secretary who transcribes the minutes. Trilby mentioned that it wasn’t so much the time people took to speak, but the cutting in and criticizing. She further went on to say, when someone has the floor, it’s their time to talk and then when everyone has spoken and if anyone else has any comments they wish to add, then perhaps we give them time to speak one more time. The Board agreed. Comments from the Chairman: Chairman Annas stated that an alternate is needed for the ZBA. Ken Anderson knows of someone who’s in the process of completing his resume. Ken Anderson will contact him to see how things are moving along. PUBLIC HEARING 7:10 Appeal 14-04, Faruque Litan application to erect a portable/temporary 170 sq. ft. garage. Applicant is requesting a setback of 2 ft. Section 143-18 A2A allows accessory structures in the R1 zoning district to be placed 15’ from side property line. The applicant’s property is located at 39 Metzger Road in the R1 zoning district, Tax Grid #6272-00-367319. Chairman Annas opened the Public Hearing and called on Mr. Litan to briefly review his application before the Board for the benefit of the members that were not present at last month’s meeting. Mr. Litan reviewed his plans before the Board. He would like a 13 ft. variance. Chairman Annas asked if anyone from the public wanted to speak on this issue As there were no comments from the public, Chairman Annas closed the Public Hearing at 7:12 p.m. Chairman Annas as the Board if they had any comments. Tim Ross mentioned that Mr. Litan had originally asked for a 4ft. setback but, he decided to change his request to a 2 ft. setback between the tent and the fence as it would be hard to maintain. It’s logical to put it tight to the fence. Trilby Sieverding also mentioned that it could be moved if it became a problem in that area. If someone was annoyed by it, it could be moved easily. Tim Ross added that regarding the neighbors, whether the portable garage is 2 ft., 4 ft., or 15 ft. from the fence, aesthetically it doesn’t make a big difference. You see the fence and then you see the portable garage. John Douglas added that he and Ken Anderson were visiting with Harold, the owner of the property on the immediate backside of the fence, and he had no problem with what Mr. Litan would like to do. Ken Anderson was a little concerned with the effect on the neighborhood. He felt that this particular structure seems to stand out from the road. You can see it very easily from the road and you can see it very easily from within the development. Ken questions the fact that it seems as though, in his opinion, that it’s not in character with the area. The way Ken sees it, is it’s something that is not permanent, it does not have a foundation and it can be moved but, it’s going to be temporarily permanent. Mr. Litan stated that he asked permission to put up the portable garage and he did so. He further stated that the only difference is that you will be able to see it in the middle of the property and you can see it in the corner of the property. That’s the only difference. Ken Anderson went on to say that it is quite visible from anywhere on the property and most anywhere in the development. It looks like a tent. Mr. Litan stated that you will be able to see it no matter where he places it on his property. Chairman Annas asked how long the structure has been there. Mr. Litan stated it has been there more than one month. 2  Motion to Grant Variance Tim Ross made a motion to grant a 13 ft. variance to allow Mr. Litan to place the temporary garage structure adjacent to the fence (2 ft. from the line) because the benefit to Mr. Litan, relative to the detriment to the neighborhood, is far greater. It’s visible from whichever place. There’s no health or safety detriment to the neighborhood and there’s probably a benefit to Mr. Litan given the angle of approaching and leaving the tent. The motion was seconded by Trilby Sieverding. Chairman Annas asked if there was any further discussion. There was none. A roll call vote was taken with the following results: Tim Ross - Yes Jim Hegstetter - Yes Chris Carney - Yes Nick Annas – No Ken Anderson – John Douglas – Aye Trilby Sieverding - Aye The motion was therefore passed 4 to 0. ADJOURNMENT Jim Hegstetter made a motion to adjourn the meeting. The motion was seconded by Tim Ross and all were in favor. The meeting was adjourned at 7:25 p.m. Respectfully submitted, Jackie Fenaroli ZBA Secretary 3