Woodstock
Zoning Board of Appeals
45 Comeau Drive
January 14th, 2021
7:00 PM
MEETING MINUTES
ZBA Cases #’s in order of the preceding:
Decision and Order ZBA Case #20-07
Decision and Order ZBA Case # 20-12
Chairman Gordon Wemp called the meeting to order at 7:00 pm.
Members present Michelle Warman, Jude Sillato, Gordon Wemp and Joseph Belluck.
Michael Castiglione was absent..
1. ADMINISTRATIVE MATTERS
MINUTES APPROVAL-Move to accept November 12, 2020 meeting
minutes by Gordon Wemp seconded by Jude Sillato. Jude Sillato made a
change in the last paragraph. All voted aye. Motion adopted
CHANGES/ADDITIONS TO
MEETING AGENDA – Jude Sillato wants to discuss ZBA Case # 20-11 Nigel Pugh.
2. PUBLIC HEARINGS
SCHEDULED FOR January 14th, 2021
ZBA CASE # 21-01. Application of Terry Dagrosa, for property located at 275
MacDaniel Road, Bearsville NY 12409, a 10.14 acre parcel located within an R5
Zoning District, for a variance from the Zoning Law of the Town of Woodstock,
Article V, Supplementary Regulations, Bed and Breakfasts and Short Term
Rentals, Section 260-56, in order to request an exception of the Local Law No.1
to allow a property owner to have more than one STR.
Applicant Terry Dagrosa
was present and she explained to the board that her situation was unusual under
the law that was established. She is a full time resident, has been for 4
years. She lives and works full time at this address. Mr. Buck is listed on the
deed and tax bill as a c/o of the property but he resides at 59 Raybrook Drive.
They have a personal financial deal and that is why the property is in both of
their names. Mr. Buck has an owner occupied STR application in place and Jude
Sillato asked to see both STR applications. Michele is to ask Butch to forward
them to the Board. Ms. Dagrosa explained
that Mr. Buck will not be sharing any of the income she would receive from the
STR. This money would be used primarily to help pay her taxes. Jude has been
assigned to this case. She asked if it would be a separate from the residence
and Ms. Dagrosa said no it is a room with a separate entrance to the house with
no separate kitchen facility. It is just a room.
Chairman Wemp read the
names of the contiguous neighbors: Michael Dubois & Kelly Sinclair, Renate
Soybel & Carol Bartges, Monika Skula, Katarzyna Szurant, Sandra Nystrom.
No neighbors were
present. An email was received from Mr. Martin Nystrom, see attached.
There were no further
questions or comments from the board. Chairman
Wemp made a motion to recess ZBA Case # 21-01. Motion seconded by Michelle
Warman and Joseph Belluck.
ZBA CASE #21-02.
Application of David Ekroth and Pat Horner, for property located at 26 Van
Wagner Road, Willow, NY 12495, a .46 acre parcel located within an R3 Zoning
District, for a variance from the Zoning Law of the Town of Woodstock, Article
IV, Area & Bulk Regulations, Section 260-16, Attachment 2, Column (f)
for a 20 foot infringement into a minimum required 25 foot side yard set back
in order to construct a 10 ft by 20 ft open carport.
David
Ekroth was present and showed the board some sketches and mentioned he lives in
an undersized lot in an R3 zone. He would like to attach a 10 foot wide by 20
foot long carport to the side of the existing building/ house. He has no
protection for his two cars. He would just be attaching a roof and three post
to the southern portion of the existing house which is a studio at the end of
the driveway. It would be architecturally compatible to the house and the roof
would be less that 8 inches deep and the posts would be compatible to the posts
on the existing porch, the detail would taper. It would encroach on the side
yard, the existing house is tight to the side yard, there is no garage. Erica
Brown is the closest neighbor and she is fine with the project. Michelle Warman
was assigned to this case, she mentioned she drove by there and it was exactly
as Mr. Ekroth stated now and in the drawings in the application. It was all
pretty cut and dry. It will be screened off by vegetation. Michelle had no
additional questions for Mr. Ekroth. There
were no further questions or comments from the board. Mr. Ekroth mentioned the roof would be a
metal roof of color maybe green or gray to match the shingles of the existing
house not a shiny or reflective roof.
Chairman
Wemp read the names of the contiguous neighbors: Erica Brown was present and
said she was perfectly happy with the carport being there, Darlene & Peter
Griffin, Lizzy Van and Dhera Dorien.
Chairman Wemp made a
motion to recess ZBA Case # 21-02. Motion seconded by Jude Sillato.
Discussion regarding the Dagrosa case and
whether it was a variance or an interpretation took place among the board
members. Ms. Dagrosa wants an exception from the existing rule because of the
particular circumstances. The letter received from Mr. Nystrom was regarding an
interpretation of the law. Joseph Belluck wanted to know when they could
discuss more about this case and when they would be voting on it. Chairman Wemp
explained the process about coming to a decision and a determination would be
written up. They could discuss it via email or making sure there wasn’t a
quorum they could meet and talk about the case.
Chairman Wemp made a motion to re open ZBA Case # 21-01 of Terry Dagrosa
seconded by Jude Sillato. Joseph Belluck stated he believes it creates a very
bad precedent to allow one person to have multiple STR’s even if it’s only
through an ownership interest. He doesn’t know what control the ZBA would have
after granting it if Mr. Buck decided or wanted to do something other that what
Ms. Dagrosa has stated of him not having any part in her STR. He would not
support approving this because he doesn’t see what would be protective in the
future of someone else coming in and wanting to do the same. Chairman Wemp
explained the ZBA has the ability to grant the decision with conditions if need
be. Joseph Belluck also asked if anyone had spoken to Mr. Buck. The ZBA hasn’t
received any letter or statement from Mr. Buck regarding this matter. Chairman
Wemp mentioned Mr. Buck is a long term resident of the Town not a
corporation. Ms. Dagrosa mentioned there is no interest by
Mr. Buck in the income generated by her
STR. Michele mentioned the ZBA could request a copy of the agreement between
Ms. Dagrosa and Mr. Buck to have it as backup for the decision. There were no
more comments from the board. Chairman Wemp made a motion to recess the case
again, seconded by Jude Sillato all voted aye.
3. DECISION AND ORDERS AND INTERPRETATIONS OUTSTANDING
ZBA Case #20-07 Andrew Peck
& Chloe Dresser. No decision
ZBA Case # 20-12 Emily and
Richard Halstein. No decision
4. OTHER
Jude Sillato wanted to discuss ZBA Case of Nigel Pugh which
was denied for a carport and he put it up anyways. There was no building permit
and no approval from the ZBA. She wants to know where do they go from here,
what is the legal process? She assumes they should be issued a violation from
the Building Department. Chairman Wemp said Jude should talk to Butch the code
enforcer. Chairman Wemp said the ZBA job was to make legal decisions not to
enforce them. She will follow up on it with the zoning code enforcer.
Jude Sillato made a motion to adjourn the ZBA meeting,
second by Michelle Warman. All voted aye.
Respectfully submitted by,
Michele Sehwerert
