Town of Catskill Zoning Board of Appeals
Monthly Meeting
December 14, 2011 6:00PM
Catskill Town Hall
Present: Chairman Regina Daly, Vice Chair-Tom Decker, Margie Garafalo, Mary Beth Lange, Gary Harvey, Secretary Patricia Case-Keel.
Absent: All Present.
Also Present: (CEO) John Cashin.
Chairman Regina Daly opened the meeting at 6:00 PM.
Approval of Minutes:
Minutes of the Nov 9, 2011 meeting were reviewed; Mary Beth Lange made a motion to approve as amended, seconded by Margie.
5 Ayes, 0 Nays, 0 Absent, Motion Carried.
NEW BUSINESS:
Area Variance V-8-2011 Dale Hubers Enterprise, 30 Browns Crossing, Catskill.
Craig Norton is a general contractor with Finger Lakes Construction, and is representing the applicant on area variance V-08-2011. The applicant is requesting a 25’side yard variance on the east and west side of the lot lines in order to construct a 45”X54” addition to his garage. The applicant had submitted an application, an EAF, and a sketch plan.
The Board reviewed the application.
Mr. Decker asked the applicant to indicate on the sketch, where the septic and leach field is located on the site.
Mr. Huber indicated for the Board the approximate location of the septic and leach field on the sketch plan.
Regina Daly stated the Board will schedule a Public Hearing for V-08-2011 to be held on January 11, 2012.
Area Variance V-09-2011 Benedetto Consiglio 10 Romitello Rd. Catskill.
Fred Edwards is the care taker for Mr. Consiglio’s Estate, and will be representing the applicant in this request for an area variance. The applicant has submitted a completed application, an EAF, and a sketch plan .The applicant is requesting a 12’ side lot and a 5’ rear lot line variance, for the purpose of constructing a shed.
The Board reviewed the plans.
Regina Daly stated the Board members will make a site visit some time before the next scheduled Zoning Board meeting, and also the Board will schedule a public hearing to be held on January 11, 2012 at 6:00PM for Area Variance V-09-2011.
Regina Daly stated the application will require a 239M Review with the County.
Interpretation I-02-2011 Kim Ramsey 55 Warren Court, Palenville.
Kim Ramsey is requesting an interpretation from the Zoning Board in order to determine if it is permittable to keep an accessory building on his 3 acre parcel, without having a primary structure on the same parcel. The applicant has submitted an application for an interpretation, a sketch and pictures of the structure. A copy of a building permit and a letter from the CEO was also furnished to the Board explaining the violation IAW 160-5 of the Town Law’s.
The Board reviewed the application.
Regina Daly asked when was the structure constructed.
Mr. Ramsey answered in the spring of 2008.
Regina Daly asked if the applicant has read the definition of the Code in the Towns Zoning Laws.
Mr. Ramsey answered it seems as though the law could be interpreted to allow the structure to be considered a primary use for storage. The other possibility would be for the Board to grant him a variance. His intention is to construct a house on the property sometime in the future as soon as he gains the capital to do so, and he would hate to have to tear the shed down.
Mr. Harvey asked if the CEO could clarify for the Board the Town Code and how it affects the applicant’s use of his parcel.
Mr. Cashin stated typically if an individual is intending on using land for agricultural use the CEO office will grant them permission to place an accessory building on the parcel. However if the individual is not intending to use the land for agriculture use , then any application for an accessory building on a parcel without an existing primary structure is denied. The interpretation from the Zoning Board for this application will help to define; if a lot identified as RA will permit a shed or an accessory building according to the Towns Code.
Mr. Harvey asked if the applicant would be granted approval to build a dwelling on the parcel.
Mr. Cashin answered “Yes”.
Discussion ensued.
Mr. Decker stated it seems as though the structure that the applicant has built is being used for more than just a shed.
Mr. Cashin stated the actually use of the structure is a CEO concern.
Mr. Harvey stated he’s not sure if the Towns Law works for the Township, because the Town would allow an individual to erect a construction trailer while a primary structure is being constructed.
Regina Daly stated the Board will schedule a Public Hearing for February 8th, 2012.The applicant will be supplied a list of adjacent neighbors from the Zoning Board Secretary.
The Board discussed 160-24.
Regina Daly stated she would recommend the CEO to contact the Associations of Towns regarding this matter, as well as the Department of State.
The Board discussed the procedure for Public Hearing with Interpretation’s.
Mr. Decker asked if the applicant has electricity servicing the shed.
Mr. Cashin answered “No”.However he does have a generator that is attached to the shed. The applicant must obtain a building permit from CEO for the structure, but before CEO can work through the violations on the applicant’s structure. The Zoning Board must determine whether or not the structure is even permittable on the parcel. The applicant can not obtain a permit for the shed as a dwelling because he would have to prove there will be a source of water and a septic system.
Discussion ensued.
Regina Daly asked if the applicant would be meeting the Towns Code if he were to submit architectural plans for a residence to be built, as to demonstrate his intentions.
Mr. Cashin answered personally he would consider it demonstrating commitment to actually constructing a residence and could apply for a building permit and from that refer to the shed.
OTHER BUSINESS:
Regina Daly congratulated Mary Beth Lange for being appointed to the Zoning Board another 4 years as of January 2012.
Mr. Cashin updated the Board on the recent sale of Friar Tuck.
Mr. Harvey made a motion to adjourn, seconded by Mary Beth Lange.
5 Ayes, 0 Nays 0 Absent, Motion Carried.
Meeting Adjourned 7:40 PM.
Respectfully Submitted,
Patricia Case-Keel
Secretary, Zoning Board of Appeal
Approved as Written 1/11/2012
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