Woodstock
Zoning Board of Appeals
45 Comeau Drive
February 25th, 2021
7:00 PM
MEETING MINUTES
ZBA Cases #’s in order of the preceding:
Decision and Order ZBA Case # 21-02
Chairman Gordon Wemp called the meeting to order at 7:00 pm, second
by Jude Sillato. Members present Gordon Wemp, Joseph Belluck, Michael
Castiglione and Jude Sillato. Michelle Warman was absent.
1. ADMINISTRATIVE MATTERS
MINUTES APPROVAL-Move to accept February 11, 2021 meeting
minutes by Gordon Wemp seconded by Michael Castiglione. Jude Sillato abstained
from voting since she wasn’t present at the previous meeting. Three voted
aye, one abstained. Motion adopted.
CHANGES/ADDITIONS TO
MEETING AGENDA – No changes were made.
2. PUBLIC HEARINGS
SCHEDULED FOR February 25th, 2021
None at this time.
3. DECISION AND ORDERS AND
INTERPRETATIONS OUTSTANDING
ZBA CASE # 21-01. Terry Dagrosa. Chairman Wemp made a motion to re open this
case, seconded by Michael Castiglione, all voted aye. Chairman Wemp mentioned did
receive an email from Ms. Dagrosa that said Mr. Buck and her maintain and
reside in separate households. Mr. Buck will not receive any income that may
result from the STR. Chairman Wemp
doesn’t see any problems if they approve this case since she is just renting a
room, she isn’t creating a new apartment or any new space to rent out. If she
were to sell the house the new owner would have a 30 day period to apply for a
new STR application. This particular variance does NOT go with the property, it
isn’t automatic. Jude Sillato asked what conditions they could put on the final
decision. Chairman Wemp asked what the rest of the members saw was the real
problem here? Jude Sillato mentioned
that Mr. Buck already has a functioning STR. Joe Belluck asked if Gordon had
received a statement from Mr. Buck? the answer was no. He also asked what would
stop a person help 10 people buy houses, have their name on the deed, apply for
STR’s and collect money for them? they don’t want to set a precedence. Michele
mentioned again they should ask for a copy of the written agreement between Ms.
Dagrosa and Mr. Buck or have a document notarized that states what their
relationship and agreement is. Jude stated she was in agreement with Michele,
she would like to see the agreement and what is stopping her from creating a
larger space if she is approved for the STR for just a room? Michele also
mentioned Ms. Dagrosa has been living there for 4 years, it’s not a property
that was just bought and this agreement didn’t just happen. Joe Belluck stated
if it was a parent-child relationship, ex partners it would be a little
different. If the board knew what kind of relationship Ms. Dagrosa and Mr. Buck
have it might give them a little bit more depth and definition to what they are
looking at in this situation. Chairman Wemp stated he would dig a little deeper
without invading anyone’s privacy. Jude Sillato also agrees with Joe Belluck
they need to be as specific as possible when writing up the decision so when
the next person comes to apply for something similar they aren’t backed into a
corner. Chairman Wemp recessed the case, seconded by Jude Sillato, All voted
aye.
ZBA CASE # 21-03. Michelle Leggett and Stephen Bergkamp. Chairman Wemp made a motion to re-open this
case, seconded by Jude Sillato. Michael Castiglione mentioned he did a drive by
the property and took a look and his initial impression was what he has up
serves the purpose that he intends. He believes a 4 foot fence would serve the
purpose on the part that isn’t finished, it would keep the dog in and would
still be a fence. Chairman Wemp mentioned they could ask him to go down to 4
feet when the property turns the corner. Michael Castiglione stated any new
fencing should be 4 feet. The 6 foot fence that is already up is a continuation
of the neighbors back yard fence that should be allowed. He would like to get
another perspective on that section since it is not affected by the new
construction. Jude Sillato is going to trust what the other members are saying
she is not one to be ok with front yard 6 foot high fences. She believes people
on a corner lot are in a tough spot but she has been seeing 6 foot fences pop
up everywhere an example is one on Sickler Road. Chairman Wemp mentioned this
is the last house on that road and it abuts Hurley and they should take that
into consideration since it is the character of the neighborhood. Michele
mentioned she talked to the Building Inspector from Hurley and he stated there
are no 4 or 6 foot high laws in the Town of Hurley. Residents can put up a
fence as long as it is on their property and 2 feet back from the property
line. Michele also reminded the members that Mr. Bergkamp had mentioned he had
planted bushes along the driveway, hoping they would grow in the summer and
give him some added privacy and create a barrier. Chairman Wemp stated he would
write the decision up and send it to all the members for their review. Michael
and Gordon mentioned they would do another drive by. Chairman Wemp made a
motion to recess this case, second Michael Castiglione, all voted aye.
There were no further
questions or comments from the board. Chairman
Wemp made a motion to recess ZBA Case # 21-01. Motion seconded by Michael
Castiglione. All voted aye.
4. OTHER
Chairman Wemp mentioned there was a new case for March 11th
#21-04 Byron Duckwall, Joseph Belluck was assigned to it and asked him if he
could drive by the property to take a look at it and Jude Sillato said she
would do that also.
Chairman Wemp made a motion to adjourn the ZBA meeting,
second by Jude Sillato and Michael Castiglione. All voted aye.
Respectfully submitted by,
Michele Sehwerert