Minutes
|
Minutes
|
|
Woodstock Zoning Board of Appeals 45 Comeau Drive January 28th, 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 Decision and Order ZBA Case # 21-01 Decision and Order ZBA Case # 21-02 Chairman Gordon Wemp called the meeting to order at 7:00 pm. Members present Jude Sillato, Gordon Wemp, Joseph Belluck and Michael Castiglione. Michelle Warman was absent.. 1. ADMINISTRATIVE MATTERS
MINUTES APPROVAL-Move to accept January 14, 2021 meeting minutes by Gordon Wemp seconded by Joseph Belluck. All voted aye. Motion adopted
CHANGES/ADDITIONS TO MEETING AGENDA – No changes were made.
2. PUBLIC HEARINGS SCHEDULED FOR January 28th, 2021 None at this time. 3. DECISION AND ORDERS AND INTERPRETATIONS OUTSTANDING
ZBA CASE #20-07 Andrew Peck & Chloe Dresser. Gordon Wemp moved to close the case, seconded by Jude Sillato, all voted aye. Chairman Wemp read the following resolution.
INTERPRETATION: The interpretation request is in response to a determination by the Zoning Enforcement Officer dated August 16, 2019 in which the Zoning Enforcement Officer stated that it was discovered that the applicant was renting a tent site on said property. The applicant asks the Zoning Board of Appeals to determine if the tipi is a camp or an accessory structure. This interpretation must take into consideration that the tipi in question is being advertised as a short-term rental intended for human habitation. There is no provision in the Town of Woodstock Zoning Law for the individual short-term rental of a temporary structure such as a tent, tipi or of an accessory structure with the intent of human habitation unless the accessory structure is a guest cottage or accessory apartment provided in accordance with Article VI.
The Zoning Board of Appeals has taken the following Town of Woodstock Zoning Law Definitions into consideration in determining its interpretation:
Accessory Structure Definition: A detached structure, the use of which is customarily incidental and subordinate to that of the principal building and which is located on the same lot or premises. Except for a guest cottage or accessory apartment, which may be provided in accordance with Article VI of this chapter, accessory structures are not for the purpose of human habitation and include such buildings as garages, swimming pools, garden and tool sheds, barns and playhouses (emphasis added).
Camp Definition:
Any parcel of land on which are located two or more cabins, tents, shelters or other accommodations of design or character for seasonal or other temporary living purposes including summer colony and day camp, but not including a trailer park, boardinghouse, hotel or motel.
Short Term Rental (STR) Definition: An accessory use of supplementary business allowing a Short-Term Rental (less than 30 days) of at least one room in a private home or habitable accessory structures (emphasis added). In addition, Section 260-56 C Bed and Breakfasts and Short Term Rentals states that STRs must pass a yearly fire/safety inspection and the report of said inspection is to be attached to STR annual renewal permit applications. All STR units must comply with NYS Building Code requirements (emphasis added).
Furthermore:
1. The only provision in the Zoning Law for a “tent site” is for a camp. The applicant does not meet the requirements for a camp under the Town of Woodstock Zoning Law. 2. The applicants suggest that since there is one tipi on the property and the definition of a camp is for two or more tents, that the tipi cannot be a camp. 3. A single tent or tipi is not a described use in the Town Zoning Law. Section 260-3: Any development or use not specifically mentioned by this chapter is prohibited.
4.
Transient,
as its definition being questioned by the applicants as to its utilization by
the Woodstock Zoning Code Enforcement Officer, is defined in the
Woodstock Building Code, 260-123: Word usage and
definitions. As: 5. The tipi may be considered an accessory structure. By definition the tipi is not considered a habitable accessory structure. 6. There is no provision in the Town of Woodstock Zoning Law that allows for the separate rental of the tipi. There is no ambiguity in the law. 7. The applicants are allowed to use the tipi for their personal use or as an accessory use to a permitted use.
This Board finds that Zoning Law Section 260-3 applies in this case as the Law does not specifically permit individual accessory or temporary structures to be used for human habitation as short-term rentals. The Board finds that the Zoning Enforcement Officer/Building Inspector correctly applied the Zoning Law of Town of Woodstock.
The vote was announced as follows: Gordon Wemp: ( aye ), Michael Castiglione: (nay ), Judith Sillato: ( aye ), Michelle Warman ( absent ) Joseph Belluck: ( aye ).
THE RESOLUTION WAS (ADOPTED) by a vote of ( 3 ) in favor, ( 1 ) opposed, ( 1 ) absent, and ( 0 ) abstaining.
***** ZBA CASE #20-12 Emily and Richard Halstein Gordon Wemp moved to re-open the case, seconded by Jude Sillato. There were no further comments from the board. Chairman Wemp closed the case, seconded by Michael Castiglione, all voted aye. Chairman Wemp read 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 & Bulk Regulations, Modification of Required Yards, Section 260-26 B (2) (a) as modified by Section 260-26 A, and Section 260-27 Corner Lots, for a 13 foot infringement into a minimum required 50 foot front yard setback and for a 14 foot infringement into a required 50 foot front yard setback in order to install a 10 foot by 20 foot garden shed is hereby DENIED 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: Gordon Wemp, ( aye ), Michael Castiglione: ( aye ), Judith Sillato: (aye ), Michelle Warman (absent ), Joseph Belluck ( aye ).
THE RESOLUTION WAS (ADOPTED) by a vote of ( 4 ) in favor, ( 0 ) opposed, ( 1 ) absent, and ( 0 ) abstaining.
***** ZBA Case # 21-02 David Ekroth Gordon Wemp moved to re-open the case, seconded by Jude Sillato. All voted aye. There were no more comments from the board. Gordon Wemp moved to close the case, seconded by Michael Castiglione, all voted aye. Chairman Wemp read the following resolution.
RESOLUTION: Based upon the Standards for Consideration of Area Variances set forth in Section 260-26B 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, Article IV, Area & Bulk Regulations, Section 260-16, Attachment 2, Columns (f), for a 20 foot infringement into a minimum required 25 foot side yard setback in order to construct a 10 foot by 20 foot open carport, 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: Gordon Wemp ( aye), Michael Castiglione: (aye ), Judith Sillato: ( aye ), Michelle Warman ( absent ), Joseph Belluck (aye)
THE RESOLUTION WAS (ADOPTED) by a vote of ( 4 ) in favor, ( 0 ) opposed, ( 1 ) absent, and ( 0 ) abstaining. ***** ZBA CASE # 21-01. Terry Dagrosa. Gordon Wemp moved to re-open the case, seconded by Jude Sillato. All voted aye. Jude mentioned that if the board decided to grant this variance she believes it should be with conditions, she is just not to sure of what they should be. Maybe the board can request a statement from Ms. Dagrosa. Chairman Wemp said what they should establish is that Mr. Buck is a resident not an outside entity. This law was established so people can stay in Woodstock. Joseph Belluck stated this is troubling and some what bizarre. There has not been any disclosure on the relationship between these two people. His name is on the property. Chairman Wemp stated maybe he just cosigned so Ms. Dagrosa was able to get a mortgage. Joseph doesn’t see how Mr. Buck being a resident is that much protection moving forward. Straw buyers could do it through a resident. He believes it is a very slippery slope to allow this. Gordon Wemp stated maybe the board might need to find out what the situation is between them. Jude Sillato mentioned she remembers Ms. Dagrosa said their relationship had to do with something if she were to sell the house, although she responsible for all the payments and maintenance. Jude Sillato said this is why there has to be a way to write this decision up that will be narrow enough that it is very specific to this unique situation. Gordon Wemp reminded the board that she is just renting a room she is not establishing a cottage or an STR, or converting her garage into an STR. This is a big difference. She isn’t creating an apartment. Joseph Belluck stated it would be helpful for him if they stated the economic relationship between them and some statements from the both of them regarding the financial aspects of the properties use. Ms. Dagrosa mentioned she needed to do this in order to pay for her taxes but if she fails to pay them Mr. Buck would be partially responsible for the payment of those taxes. So there is some economic benefit for him because the money is being used to pay something that he owes. Chairman Wemp stated they aren’t increasing the value of the house, they are just helping her stay in the house in Woodstock to afford taxes and the mortgage. Joseph asked if the value of the house wouldn’t increase if they were to sell the house having that STR in place? Chairman Wemp stated they could make it stay with the current owner it doesn’t have to carry over. Michele reminded the board that variances go with the property so they would have to be very specific in the writing of the decision to make this point clear, this variance would only be specific to the current property owners Dagrosa/Buck. Chairman Wemp also mentioned they have to establish that they are maintaining two households. If she leaves and now Mr. Buck moves into that house and has the two houses both with STR’s this could become a problem. They would have to be very specific in the decision writing and state if she leaves any new occupant/owner would have to re-apply for the STR. They are both owner occupied STR. As long as they maintain that status then it will be ok. If anything changes it would have to be revisited. Chairman Wemp said he would contact Mr. Buck and ask for a statement.
There were no further questions or comments from the board. Chairman Wemp made a motion to recess ZBA Case # 21-01. Motion seconded by Jude Sillato. All voted aye.
4. OTHER
Chairman Wemp made a motion to adjourn the ZBA meeting, second by Joseph Belluck. All voted aye.
Respectfully submitted by, Michele Sehwerert |
|