The following minutes have not yet been approved by the members of the Zoning Board of Appeals. They are draft minutes until the board meets next.
-8/11/2025 Clerk Kris Cleaveland
VILLAGE OF TIVOLI
ZONING BOARD OF APPEALS
MINUTES
AUGUST 4, 2025
Present: Karen Cleaveland, acting Chairperson, Mark Bennett, Elizabeth Kiefer, Bob Zises
Absent: Jonathan Trombly, Ethan Palmer, Julia Liu
Also Present: Warren Temple Smith, Nicole O’Shea, Gregg Haefelin, Rebeca Patsey, Robert Sagerman, Bessina Harrar
Call to Order
Karen Cleaveland called the meeting to order at 7:00 PM on the 3rd floor of Historic Watts dePeyster Hall, 86 Broadway, Tivoli New York.
Old Business
The first order of business for the board was the review and acceptance of minutes from the July 7, 2025, meeting. On a motion by Elizabeth Kiefer, seconded by Mark Bennett, the board voted unanimously to accept the minutes. Motion carried.
Public Hearing
On a motion by Bob Zises, seconded by Mark Bennet, the board opened the public hearing at 7:02 on the area variance requested at parcel 6175-04-622029-0000. The proposed building width of a single-family dwelling would exceed the maximum allowed in the R15,000 and Historic Overlay districts. The house features a master suite on the first floor which causes the floor plan to expand horizontally 4’ greater than the allowable width of 48’-0” to 52’0”.
Elizabeth Kiefer read the public notice aloud. Karen Cleaveland confirmed that the applicant mailed certified notices of the public hearing to all circumjacent property owners, within a 200’ radius from the lot line. Only one letter was returned as undeliverable, addressed to 23A Broadway. The architect Warren Temple Smith introduced the project to meeting attendees.
The board deliberated about the criteria listed in the application for the area variance. They ascertained that there would be no detriment or undesirable change to the neighborhood, instead that the neighborhood would be improved by the addition of a new dwelling on the long-time vacant parcel. The intended design of the building conforms to the guidelines in the Tivoli Pattern Book and adheres to all other bulk regulations for principal buildings within the R15,000 and Historic Overlay districts. Further, all minimum setbacks are exceeded. The substantiality of the variance was established to be minor, with only an 8.3% increase beyond the mandatory maximum building width. With increased width of 4’, the building footprint and total floor area fall within the required values. The board determined the action to be Type II under SEQR as there will be no negative effect on the physical or environmental conditions. The board decided that there is not an alternative available for the applicant to achieve the same floor plan without acquiring the area variance. While the issue was self-created, as most variances request are for such problems, a self-created hardship does not preclude the granting of an area variance.
The board opened the discussion to public comment.
Mark Bennett motioned to adopt the Resolution Granting an Area Variance for the Maximum Building Width at 27 Broadway. Elizabeth Kiefer seconded the motion. Roll call: Karen Cleaveland, aye; Mark Bennet, aye; Elizabeth Kiefer, aye; Bob Zises, aye. All in favor. The area variance of 4’ for parcel 6175-04-622029-0000 was granted. The applicants’ next step is to return to the Planning Board for a site plan review. The next Planning Board date is August 11, 2025, with another meeting following on August 25, 2025.
Adjournment of Public Hearing
On a motion by Elizabeth Kiefer, seconded by Bob Zises, all in favor, the board voted to close the public hearing at 7:21 PM.
Adjournment
Bob Zises motioned to adjourn the meeting. Mark Bennett seconded the motion. All in favor. The meeting was adjourned at 7:23 PM.
Respectfully submitted,
Kris Cleaveland
Village Clerk