Town of Kinderhook s1

Town of Kinderhook Zoning Board of Appeals August 7, 2014 Approved 9/4/2014 Minutes

The Meeting of the Town of Kinderhook Zoning Board of Appeals was held on Thursday, August 7, 2014, beginning at 7:00pm at the Kinderhook Town Hall, 3211 Church Street, Valatie, NY. The meeting was called to order by Mr. Bujanow at which time he asked for a motion to appoint an Acting Chair for the meeting as Mr. Allen had been excused.

A motion was made by Mr. Haggery to appoint Mr. Bujanow Acting Chair. Motion seconded by Mr. Hogencamp. All in favor. Motion carried.

The Roll was taken by the Acting Secretary, Margaret Bryant.

1. Roll Call

Present: Excused:

Greg Allen Peter Bujanow Regina Rose James Hogencamp James Haggerty Andrew Howard, Town Attorney Nataly Dee, Secretary Absent: None

2. Minutes & Correspondence:

1. Approval of Minutes from July 3, 2014

A motion to approve the minutes of July 3, 2014, was made by Mr. Haggerty. Motion seconded by Mr. Hogencamp. All in favor. Motion carried; minutes approved.

Minor corrections were made to the draft minutes based on Peter, Jim. Greg abstained as absent.

Public Hearing(s):

Old Business:

New Business:

1. Robert & Maryanne Broderick, 3 Rose Street, Niverville – Area Variance; 1 Town of Kinderhook Zoning Board of Appeals August 7, 2014 Approved 9/4/2014

Mr. Bujanow noted that there was correspondence from the secretary regarding this application; however, it was not certain if the application was complete.

Mrs. Pat Cavagnaro stated that the application was submitted to the Building Department earlier in the week. The applicant was invited to address the board and present their proposal. Mr. Larry Cavagnaro addressed the board and stated that he and his wife, Pat, are representing this application for a subdivision of the Broderick’s property of 1.35 acres on Hawley Road in the Hamlet of Niverville. He noted that they appeared before the Planning Board and were subsequently referred to the Zoning Board because one of the proposed lots would be less than the 30,000 sq feet as required by code. Mr. Peter VanAlstyne has surveyed the lot. The property is located on the corner of Rose St. and Hawley Rd. The subdivision proposal is for a parcel of .5 acre and another of .75 acre. Because one lot would fall under the zoning requirement, they are seeking an area variance. The tax map was shown of the property with adjoining lots as well. The board reviewed the documents provided. The history of the area was explained and discussed.

Mr. Bujanow inquired as to why the lots could not be divided into two equally sized lots. It was explained that in that case the lots would each be 600 sq feet short of the code. It was noted that the proposed division was established based on where the existing house falls on the lot. Further, the board inquired about the reason for the proposed subdivision. The applicant reported that the current owners have experienced dumping and unpermitted parking on their land due to the wooded nature of a substantial portion of the lot. The owners would like to sell the proposed lot and not be responsible for those inconveniences. Mr. Haggerty inquired about the location of the well and septic system and the lot and the proposed areas for those systems on the new lot. Has Health Department approval been granted for those systems? Mr. Cavagnaro indicated the proposed locations on the plans and stated that there should not be a problem receiving approval for the systems. The applicants offered that final approval from the Health Department would be sought pending approval from the Zoning Board and Planning Board. There were no further questions from the board.

The process by which to proceed with the application was discussed. It was decided that the board was not in a position tonight to set a Public Hearing as they need additional time to review the complete application. The Secretary will compile and distribute the complete application to the Board Members, and the applicant should return for the next ZBA meeting scheduled for Thursday, September 4, 2014.

2. Tom Sullivan, 84 Ottoville Road, Niverville – Area Variance;

James Kleinbaum, representing the applicants, addressed the board. Mr. Kleinbaum explained that the property is owned by three brothers who wish to subdivide the parcel. There is an existing house on the property. They would like to subdivide the property into two parcels so that one of the brothers can build a house on the new lot. Mr. Kleinbaum stated that they would not need ZBA approval for an area variance but for the fact that a portion of the lot is zoned agricultural and the remaining land falls within the hamlet. Agricultural zoning in this area

2 Town of Kinderhook Zoning Board of Appeals August 7, 2014 Approved 9/4/2014 requires three acre lots. Mr. Kleinbaum explained that the applicant had a couple of options: to go before the Town Board and request that the entire parcel be rezoned as Hamlet; or, apply to the ZBA for an area variance. The project as proposed would require an area variance for the agricultural zoning requirements.

Mr. Bujanow inquired if the proposed additional lot and structure would meet the required setbacks. Mr. Kleinbaum stated that it would. Further, he stated that Dan Russell of Crawford and Associates have surveyed the property. The updated maps with actual lines and proposed building site will be submitted. He noted that septic approvals would be forthcoming. Mr. Kleinbaum noted that if the property fell equally between the two districts a variance would not be required. As it stands, the property falls somewhere between 60-65% Ag district and 35-40% Hamlet district.

The board discussed the location of the property.

Mr. Bujanow asked if the board had any other questions for the applicant. The zoning requirements of the respective districts were reviewed again. Mr. Hogencamp inquired of the applicant, having been before the other boards, what was their sense of the best route to proceed. It was stated that to change the zoning of the parcel would require a lot more work. The simplest route to resolve the issue would be to seek a variance. Mr. Bujanow wanted to confirm the location of the well and septic system. It was reported that the surveyor has been consulted, but perk tests have not been conducted nor has approval been granted from the Department of Health. The next detailed map submitted will include these details.

Upon submission of the maps at next month’s meeting, a hearing date may be set.

The applicant will return for the next ZBA meeting on Thursday, September 4, 2014.

Other:

Liaisons: None in attendance.

Public Comment

James Nichols addressed the board. He explained that he is in the process of purchasing a property at 677 County Route 28. He has approached the Building Department about building a garage onto the house. However, the 40’ required setback would not be met. He was advised by the Building Department to see the ZBA. He explained that his loan process would be contingent upon ZBA approval of the proposal. The variance requested would be only 15-20’: which would amount to an approximately 35” garage. His appearance before the board was only preliminary prior to submitting a formal application. The board recommended that he consult further with the Building Department, if they denied his Building Permit he would be free than to submit an application to the ZBA.

3 Town of Kinderhook Zoning Board of Appeals August 7, 2014 Approved 9/4/2014 Mr. Bujanow provided Ms. Rose with a synopsis of the meeting’s proceedings as she arrived late.

A motion to adjourn the meeting was made by Ms. Rose. Seconded by Mr. Haggerty. All in favor. Motion carried; meeting adjourned at 7:40pm.

Respectfully submitted,

Margaret Bryant, Acting Secretary who attended the meting, Nataly Dee, Secretary who prepared the minutes