Woodstock
Zoning Board of Appeals
45
Comeau Drive
August
8th, 2019
7:00
PM
MEETING
MINUTES
ZBA
Cases #’s in order of the preceding:
Public Hearing ZBA Case # 19-19
Public Hearing ZBA Case # 19-20
Decision
and Order ZBA Case # 19-15
Decision
and Order ZBA Case # 19-16
Decision
and Order ZBA Case # 19-17
Decision
and Order ZBA Case # 19-18
Chairwoman
Mendoza called the meeting to order at 7:00 pm. Members present, Michael Castiglione,
Jude Sillato, Maria Mendoza and James Armstrong. Jeff Collins and Gordon Wemp were
absent.
1.
ADMINISTRATIVE
MATTERS
MINUTES APPROVAL-Move to accept July 25,
2019 meeting minutes by Maria Mendoza seconded by James Armstrong.
All voted aye. Motion adopted.
CHANGES/ADDITIONS TO MEETING AGENDA – No changes were made.
2. PUBLIC
HEARINGS SCHEDULED FOR August 8th, 2019
ZBA Case # 19-19. Application of Arlt family Trust (Lewis Arlt, Trustee),
for property located at 2304 Glasco Turnpike, Woodstock, NY, a 2.33 acre parcel
located within an R3 Zoning District, for a variance from the Zoning Law of the
Town of Woodstock, Use Regulations, Section 260-24 B, Accessory Structures and
Features in Yards, in order to install a 15 foot by 30 foot, 52 inch above
ground pool in the front yard.
Mr. Arlt was present
and stated they would like to put an above ground pool in the front part of the
house. The house is 450 feet back from the road, up a hill and behind a set of
opaque trees. No one will be able to see or hear the pool and it is the only viable place for it. They
don’t think it will be a hazard or a difficult circumstance for any of their
neighbors. James Armstrong visited the property. He asked Mr. Arlt if there
were any houses between their house and Glasco Tpke. Mr. Arlt said yes, four
ranch style houses. Mr. Arlt also stated they are 20 - 25 feet above the other
houses so they sometimes get a glance at their rooftops. James Armstrong also stated that the
back of the property was on an angle and Mr. Arlt stated there is no existing
rear yard, they are up against a ledge, which is typical for Overlook Mtn.
James Armstrong showed the members a picture he took from the driveway. Michael
Castiglione asked where the entry ways to their house were. Mr. Arlt stated
they have a 50 foot wide right of way adjacent to a 14 acre unimproved lot
which is there’s also. It is a right of way across their own property. The
board looked at the pictures provided with the application and Jude Sillato
mentioned another structure ( an outhouse) Mr. Arlt mentioned it was being used
as a garden shed and would now be used as a pool shed. The property was
purchased by his grandfather in 1908 and the house was built in the teens and
there was indoor plumbing in the house but they still used the outhouse back
then. Michael Castiglione asked if they were in the proposed pool would they be
looking at their neighbors back yard? Mr. Arlt stated they can’t even see their
neighbors house from that point in their yard but yes that would be considered
their back yard. There is a hill and trees blocking their view but yes in fact heir
front yard faces their neighbors back yard. Jude Sillato mentioned the variance
goes with the land so he had to make sure it would be an above ground pool like
stated and not change the plans. Mr. Arlt stated he had no intentions of
building an in ground pool. He also mentioned he has no intentions on selling
the house, the house will be heir children’s house, fourth generation.
Michael Castiglione
opened the floor for any contiguous neighbors comments. He also read the
following names: Peggy and Paul Grauwiler/Paul Boocock, Meghan Brown, Theodore
Geertsema, Christopher Metze & Jennifer May and Andrew Young/Jonathan Van
Meter. No contiguous neighbors were present.
There were no more
comments from the public or the board. Chairwoman
Mendoza made a motion to close the public portion of the meeting. Written
communications will still be accepted.
Michael Castiglione
asked Mr. Arlt when he had planned to start the project.? Mr. Arlt said he was
working with Swim King in Kingston, they had projected end of August but he is
being realistic and he knows nothing will happen until September. Michael
Castiglione explained the board has 62 days to render a decision but they like
trying to get the cases voted on by the next meeting. James Armstrong
stated that meant two weeks. Chairwoman
Mendoza made a motion to recess ZBA Case # 19-19 seconded by James Armstrong,
all voted aye.
*****
ZBA CASE # 19-20 Application of Patrick and Jessica Rose, for
property located at 38 Overlook Drive, Woodstock, NY 12498, a 0.34
acre parcel located within a R 1.5 Zoning District, for a variance from the Zoning
Law of the Town of Woodstock, Article IV, Area & Bulk Regulations,
Modification of required yards, Section 260-26 B (1) (b) for a 5 foot
infringement into a minimum required 15 foot side yard setback in order to
construct a 394 square foot addition to an existing residence
Jude
Sillato is in charge of this case. Both applicants were present. Mr. Rose
stated they want to build an extension off of the back and side of their
current residence, to add another bedroom to increase their living space. They currently
have a small living room/ sun room they
would like to make a little bit bigger by increasing their floor plan. They
would also add another bathroom since they currently only have one and with a
growing family they think it is necessary. It will be a 12 foot addition on the
side. Michael Castiglione asked if the building would go over the edge of the
driveway? Mr. Rose stated it would be no wider than the driveway that is
currently there. They are taking that portion of the driveway out and that is
where the addition will be. The driveway currently extends up to the back of
the house. The remainder of the existing driveway will remain the same. Michael
Castiglione asked if the addition would be attached or separated from the
house? Mr. Rose stated I would be attached. There are contiguous neighbors on
both sides and behind the neighbor is separated by woods and they have a
neighbor directly across the street. There were no more questions from the
board. Jude Sillato stated she would go by and take a look at the property. Mr.
and Mrs. Rose said absolutely.
Michael Castiglione
opened the floor for any contiguous neighbors comments. He also read the
following names: Bruce Ronnenberg, James Lawson, Verna Elliot, Albert Grossman
and Rosemary Michel. No neighbors were present and there were no more questions
or comments from the board.
Chairwoman Mendoza made
a motion to close the public portion of the meeting. Written communications
will still be accepted. Seconded by James Armstrong, all voted aye. Chairwoman
Mendoza made a motion to recess ZBA Case # 19-20 seconded by James Armstrong,
all voted aye.
*****
3.
DECISION AND ORDERS AND INTERPRETATIONS OUTSTANDING
ZBA
Case # 19-16, Paul
Fleishman/30 North LLC will remain recessed.
*****
ZBA
Case # 19-15, Anna
Krawczyk. Chairwoman Mendoza made a motion to re-open the case. There were no
more comments or questions from the board. Chairwoman Mendoza made a motion to
close ZBA Case # 19-15, seconded by James Armstrong. All voted aye. Chairwoman
Mendoza red the following resolution:
RESOLUTION:
Based
upon the Standards for Consideration of Area Variances set forth in Section
260-103B of the Zoning Law of the Town of Woodstock, an area variance from the
Zoning Law of the Town of Woodstock, Article IV, Area and Bulk Regulations,
Section 260-26 B (2) (b), Modification of Required Yards (R3 – Side), to allow
the construction of a 10’ x 22’ storage shed with a 19-foot infringement into a
required 25 foot side yard setback, is hereby GRANTED subject to all
requirements of the Zoning Law of the Town of Woodstock, the New York State
Real Property Law and all other applicable laws, codes and regulations.
The
vote was announced as follows: Maria
Mendoza: ( aye ), Michael Castiglione: ( aye
), Gordon Wemp: ( absent ), James Armstrong: ( aye ), Judith Sillato: (
aye ), Jeff Collins: ( no vote ).
THE RESOLUTION WAS (ADOPTED) by a
vote of ( 4 ) in favor, ( 0 ) opposed, ( 1 ) absent, and ( 0 ) abstaining.
*****
ZBA
Case # 19-18, Barbara
O’Hare. Chairwoman Mendoza made a motion to reopen the case. Jude Sillato said
she had spoken to Michael Castiglione about the case and they both had very
different opinions about it. James Armstrong and Maria Mendoza had no further
comments on this case. Chairwoman Mendoza made a motion to continue recessing
the case. All voted aye.
*****
ZBA
Case # 19-17
Robert Whitcomb/Mountain Meadow Realty, Chairwoman Mendoza mentioned she knew
members from the public where there to talk regarding this case, however the
board had decided to not have a second public hearing. So this case would
remain recessed. Chairwoman Mendoza mentioned the public comment portion of
this case was closed at the last meeting. Jude Sillato stated at the last
meeting they had told the representative to talk to Michele regarding a second
publication or rehearing and she told them they could not because the public
comment portion of the meeting had been closed by the Chairwoman, all voting
aye. Jude Sillato stated it would still be open for written comments.
Chairwoman Mendoza stated in order for the public to speak again another legal
notice would have to be published. The business owners were there and stated
they had come to this meeting to talk. Gemma from the A&P spoke stating she
couldn’t make it to the original public hearing because of her children and
there was some misunderstanding between the landlord and the tenants regarding
what was being presented. She doesn’t believe she had received the correct
information and is very frustrated with the whole process. Chairwoman Mendoza
stated she didn’t understand what part was confusing, the legal notice went out
and their public hearing was scheduled for the meeting two weeks ago and the
only one who showed up was the representative, and not even because Les Walker
not Jess Walker showed up. Discussion took place amongst the members about
how to proceed and how the public
hearings have been handled in the past procedurally. Chairwoman Mendoza
mentioned Gordon Wemp who was in charge of the case had mentioned he had no
further questions about this case based on what was presented at the time of
the hearing. Jude Sillato mentioned that what Les Walker had presented wasn’t
what was correct. Jude Sillato asked what do the applicant do now then should
they amend the application, resend the application? Jess Walker was present and
stated the original submittal still stands as is and asked the board to proceed
as usual. Jude Sillato asked if the board members could discuss the case.
Chairwoman Mendoza reopened the case for board discussion only. Jude Sillato
read Section 260-31 (f) Sign regulations where it stated that directional signs
are allowed for businesses. Jess Walker stated directional signs are different
than advertising signs. Jude Sillato mentioned they are allowed to have a sign
on the building and a 3 square foot directional sign. The directional signs
also have to be approved by the DEC because we are in the Catskill Forest. Jude
Sillato took pictures of sign on Tannery Brook and the ones by the Town Office
and showed them to the members while stating their sizes and measurements. She
also stated the CCD and the Tree committee are trying to present a different
entrance to the Town and they are trying to remove the build board on the
Cucina property. Michael Castiglione asked who owned that build board. Jess
walker stated the Guild and Jude Sillato stated they really didn’t know because
the space was rented. She personally understands why businesses that re not
visible from the road need and want to be seen in some way with a sign. She
believes that the 3 by 3 directional sign it will work and it will catch
people’s attention. Jess Walker stated he knew about the DOT regulations and
the certain colors and designs you could only use. Jude Sillato stated what she
was talking about was by the Town of Woodstock Zoning Law regulations. She
believes it should be the name of the business and maybe an arrow to show where
it is located. She would also like for the board to not be contrary to what
other parts of the town are trying to do. James Armstrong asked what does a
sign in front of a shopping center have to do with the entrance of
Woodstock? Jude Sillato answered by
saying it is in the gateway. James Armstrong said the sign would be hundreds of
feet away from the entrance of Woodstock. James Armstrong stated he is ready to
vote on any A3 at any time. Michael Castiglione had no further comments. Jude
Sillato mentioned written comments would still be accepted. Chairwoman Mendoza made a motion to recess
ZBA Case # 19-17, seconded by Michael Castiglione, all voted aye.
+The
tape cut off+
Respectfully
submitted by,
Michele Sehwerert
