Woodstock
Zoning Board of Appeals
45 Comeau Drive
May 13th, 2021
7:00 PM
MEETING MINUTES
ZBA Cases #’s in order of the preceding:
Public Hearing ZBA Case # 21-10
Public Hearing ZBA Case # 21-11
Decision and Order ZBA Case # 21-05
Decision & Order ZBA Case # 21-06
Decision & Order ZBA Case # 21-07
Decision & Order ZBA Case # 21-08
Decision & Order ZBA Case # 21-09
Chairman Gordon Wemp called the meeting to order at 7:00 pm.
Members present Gordon Wemp, Michael Castiglione and Jude Sillato. Joseph Belluck
was absent.
1. ADMINISTRATIVE MATTERS
MINUTES APPROVAL- Move to accept April 8, 2021 meeting
minutes by Gordon Wemp seconded by Michael Castiglione. All voted
aye. Motion adopted.
CHANGES/ADDITIONS TO
MEETING AGENDA – No changes were made.
2. PUBLIC HEARINGS
SCHEDULED FOR April 8th, 2021
ZBA CASE #21-10
Application of Anthony Nicolich, as represented by Robin Andrade of Andrade
Architecture, 31 Albany Ave, Kingston NY 12401, for property located at 182 Van
Dale Road, Woodstock, NY, 12498 a 24.62 acre parcel located within a 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, R3 Column (f), for a
23’6” foot infringement into a minimum required 50 foot side yard setback in
order to construct a 500 sqf. addition to an existing residence.
Ms. Andrade the representative was present and asked the
board to look at the drawings that represent where the proposed new addition
would be built. The existing building is 24 feet.1 inch from the side yard and
the new addition would be going out 18 feet further with a 10 foot deck. It
would be aligned with the current side wall. It would be going along the
setback not into the setback. It would be an extension for a better living
space. The upstairs would be a deck off the existing bedroom and they are also
adding a bathroom. She continued showing more details of the addition on the
plans on the screen. It is parallel to the property line and will create a
buffer between them and the neighbors house. There were no questions from the
board. Michele mentioned that half of the neighbors were in the Town of Hurley.
She sent the application to such Town and they have to objections.
Chairman Wemp read the names
of the contiguous neighbors: James Polk, Linda Miller Gregorius (as represented
by Tracy Kellogg), Mrs. Gregorious sent a letter to the ZBA in opposition to
the project, she stated it was a detriment to the neighborhood, she doesn’t
understand why it is being built close to her house, there are water problems,
she sees no need for this addition. Ms. Andrade responded by saying they
weren’t adding room, they were just expanding the recreation area/playroom
since it was very tiny and the owners have kids. They are adding square footage
but not any rooms. Tracy Kellogg thinks it is very important to see that there
are alternative locations on the property and to expand on the setback requires
a hardship and she doesn’t believe that is the case here. She would also like
to know if the existing structure was intended for residential use. Mrs. Gregoriuos
mentioned Paul Shultis had grandfathered in a part of the house ( the garage)
that is now used as an office. Chairman Wemp asked Ms. Andrade if any other
locations had been considered? She responded by saying in the room upstairs
they were adding a bathroom there is no other way of doing that. The intention
was to expand the tiny area for the deck and extra bathroom. Ms. Kellogg stated
she didn’t think convenience was considered a hardship. Ms. Andrade responded
it was a much needed bathroom near the bedroom on the second floor. It is in an
L shape and it creates a privacy barrier between the neighbor and the rest of
the house. It was an intentional
decision. Jude Sillato asked Michele to get the building permits or CofO’s for
the property. Stephen Roberto, Deborah Marin Blumenthal, Lisa Klotz, Ronald
Chang, Donna Mae Light, Owen Bossola, Linda Puglia, Simone Lillian, William
Davis and Stephen Carson. No other neighbors were present. Ms. Andrade stated
people’s properties have been evolving because of Covid and they need more
space now that they are both working from home. There were no more comments or
questions from the board.
Chairman
Wemp made a motion to close the public hearing portion of the meeting, second
by Jude Sillato. Chairman Wemp made a motion to recess the public hearing,
seconded by Jude Sillato, all voted aye.
The
applicants wanted to give their side of the story and started by saying they
needed more space because what they had was very small. Chairman Wemp stated he
had closed the public hearing portion of the case and there were no more
comments accepted after that motion. Chairman Wemp stated he would be in charge
of this case.
*****
ZBA CASE #21-11
Application of Scott & Elizabeth Mitchell, for property located at 52 Mill
Hill Road, Woodstock NY 12498, a .404 acre parcel located within an HC ( Hamlet
Commercial) Zoning District, for variances from the Zoning Law of the Town of
Woodstock, Article IV, Area & Bulk Regulations, Section 260-16, Attachment
2, HC Column (e), for an 8 foot infringement into a minimum required 10 foot
front yard setback in order to install a 24 kw generator and Column (f) for a 7
foot infringement into a required 10 foot side yard set back in order to
install a 24 kw generator and a 6 foot and 2 foot infringement into a required
10 foot side yard setback in order to install a, 8 foot by 10 foot storage
shed.
Mr. Mitchell was present and stated the
generator is for the purpose for power outages for the preservation of the food
in the refrigerators and walk in freezer. The shed is for all paper products
for to go orders. Chairman Wemp said it was pretty simple in it’s scope. There
were no questions from the board and Michael Castiglione took this case.
Michael will do a site visit this week.
Mr. Mitchell stated they had already purchased the generator and it is
put in position on a pallet in the box. Michele mentioned UCPB had sent the
referral form back which said there was no county impact.
Chairman Wemp read the names of the
contiguous neighbors: Ching Ya Wu, Virginia Love, Tiano & Roefs LLC and CVS
Wood Realty LLC.
No neighbors were present and no written
communications were received.
Chairman
Wemp made a motion to close the public hearing portion of the case, second by
Jude Sillato, all voted aye. Chairman Wemp made a motion to recess the case,
second by Jude Sillato, all voted aye.
Joseph
Belluck joined the meeting.
3. DECISION AND ORDERS AND
INTERPRETATIONS OUTSTANDING
ZBA Case #21-09 Application of Dan
Zamlong and Camila Grusd. Chairman Wemp made a motion to re open the case,
second by Michael Castiglione. There were no more questions or comments from
the board. 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,
area variances from the Zoning Law of the Town of Woodstock, Article IV, Area & Bulk Regulations, Section 260-16,
Attachment 2, Column (R-5) (f), for a 29 foot infringement into a
minimum required 75 foot side yard set back in order to construct a 2 story 6
foot by 36 foot addition and a 74 foot infringement into a minimum required 75
foot side yard setback in order to extend an existing deck on the east side and
for a 72 foot infringement into a
minimum required 75 foot side yard setback in order to extend an existing deck
on the west side, 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 ), Joseph Belluck (aye).
THE RESOLUTION WAS (ADOPTED) by a
vote of ( 4 ) in favor, ( 0 ) opposed, (
0 ) absent, and ( 0 ) abstaining.
Chairman
Wemp closed ZBA Case # 21-09, second by Michael Castiglione, all voted aye.
4. OTHER
Michael Castiglione mentioned Michele
had sent an email out from Bill McKenna to all the members regarding a new
affordable housing task force to look at the zoning laws, he would like to know
what the difference between this task force would be vs. the zoning revision
committee. Michele is to get more information for them. Michael would be interested
to be part of this new task force.
Michele
stated she had sent Mr. Peck and Ms. Wells the Use variance criteria for them
to follow and answer. She also mentioned there were three new cases ZBA Case #
21-12 Erica Brown, Joseph Belluck is in charge of this case, ZBA Case # 21-13
Jonathan Roche, Jude Sillato is in charge of this case and ZBA Case # 21-14
Robert Arnot & Ellen Hirsch Joseph Belluck is in charge of this case.
Michele
also mentioned ZBA Case #21-07 was withdrawn.
Chairman
Wemp made a motion to adjourn the ZBA meeting, second by Jude Sillato. All
voted aye.
Respectfully
submitted by,
Michele Sehwerert
