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Village of Tivoli
Zoning Board of Appeals
July 3, 2023
Jonathan Trombly; Chairperson
Elizabeth Kiefer, alternate
Call to Order
The meeting was held in the Historic Watts de Peyster Hall. It was opened at 7:02 PM. Ethan Palmer was acting chairperson in Jonathan Trombly’s absence.
Old Business – 11 Friendship Street Area Variance
Karen Cleaveland read the notice for the public hearing for an area variance for 11 Friendship St. 6/8 of the return slips from the certified mailing have been received.
Karen Cleaveland made a motion to open the public hearing. Mark Bennett seconded. All in favor. The public hearing was opened.
Kevin Lindores was present to represent the application for 11 Friendship. The applicant proposes to build a 410 deck on the rear of the dwelling with a 12’ x 12’ covered portion. The property is zoned R15,000 and HO. The BIZEO determined (letter dated May 2, 2023) that the proposed deck will require an area variance because the existing dwelling is 2500 sq. ft. and the 410 sq. ft. deck will increase the building size over the maximum allowable building size (2600 sq. ft.) in the HO district.
Karen Cleaveland made a comment for the record following a site visit of the property before the meeting. She said that the deck does not protrude farther west than the neighboring two houses so that there will still be privacy between the properties. She also observed that all of the other dwellings on the street have decks.
Deborah Beck resides at an adjacent property and had several questions. The location of the deck was clarified. The dwelling was confirmed to be a single family dwelling, no longer a duplex, and will not be used as bed and breakfast, boarding house or short term rental. She asked how material will be delivered to the project in the rear? It will likely be carried back. She asked when the project will begin and how long construction is expected to take? Interior renovations have begun and the project is expected to take 6-8 months. There were questions about parking? There is no parking and there will not be a big need for parking because it is a single family dwelling. There were questions about materials and colors? The siding is in good shape, so the clapboard will remain with wood shingle on the top part. It is intended to look historical/period.
Karen Cleaveland asked about septic systems and access to the rear of the property. Each property has its own septic and there is no vehicular access to the rear of the property.
Nancy Houk submitted an email stating no objection to the project that was read aloud.
Bob Zises stated that he will not include himself in the vote because he missed the last meeting and does not have enough familiarity with the project.
Mark Bennett stated that the proposed project is consistent with the other properties if not smaller. It is in keeping with the character of the neighborhood.
Ethan Palmer stated that it will be almost invisible from the street. It feels tucked in and not out of character with the neighborhood.
The board discussed the 5 points of the balancing test and reviewed a draft resolution. A paragraph was reviewed that the Village Attorney helped prepare stating that the ZBA does not find that the project should be before the ZBA for a variance for the building size because decks, covered and uncovered, should not be included in the calculation of building size.
Mark Bennett made a motion to close the public hearing. Karen Cleaveland seconded. All in favor. The public hearing was closed.
Karen Cleaveland made a motion to approve the drafted resolution. Mark Bennett seconded. 3 in favor, 1 abstaining and 1 absent. The resolution was approved and the area variance for maximum building size was granted.
The minutes from June 5, 2023 were reviewed.
Mark Bennett made a motion to approve the June 5, 2023 minutes. Karen Cleaveland seconded. All in favor. The minutes were approved.
Karen Cleaveland made a motion to close the meeting. Bob Zises seconded. All in favor. The meeting was closed at 7:42 PM.
Laura Gail Tyler
Deputy Village Clerk