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Meeting Date : March 25, 2013
Download Minutes : Download File


The meeting, held at the American Legion, was opened at 7:00 pm and a quorum was determined to be present for the conduct of business.

ZBA Attendees:

  • Chair Laura Gail Tyler
  • Karen Cleaveland
  • Tim Lynch
  • Sam Merritt

Also Present:

  • Attorney Chris Chale
  • Absent:
  • Bob Zises
  • Bob Juliano

The first item of business was to approve the draft minutes from the February 25, 2013 meeting. Tim Lynch moved to approve the minutes as presented. Sam Merritt seconded. All in favor. Motion carried.


Change of date for ZBA meeting schedule: There was a discussion among the Board regarding a change in the date of the ZBA meetings from the 4th Monday of the month. The change is necessary because the Planning Board has changed their meetings from the 3rd Monday of the month to the 4th Monday so they will be able to have the Village’s attorney and planner present at their meetings. Currently, consensus among the Board is to move the meetings to the 1st Monday of the month, pending a discussion between Chair Tyler and Board member Bob Zises. This matter will be revisited at the next meeting.

Area Variance for Lot Line Adjustment for American Legion and the Village of Tivoli: Attorney Chris Chale gave the Board a history of this project which concerns the American Legion and the Village of Tivoli. The Board reviewed the map of the property. Variances from Section 231-22 of the Village Code, District Schedule of Area and Bulk Regulations) (to permit a boundary line adjustment between lots owned by the Village of Tivoli and lots owned by the American Legion Harris Smith Post #524, all located at Broadway, County Route 78), whereby a 0.289 acre portion of the existing Tivoli Fire Station lot, parcel 6175-18-427-35, as well asadditional 0.065 acre and 0.196 acre portions of Village parcel 6175-18-437013, are to be conveyed to the Harris Smith Post and merged with an existing 0.209 acre Legion Pavilion lot,parcel 6175-18-431-021, which Pavilion lot had access to the street via a 10 foot right of way. The resulting Harris Smith Post parcel will have a new 25 foot access easement to Broadway. The resulting parcel does not have at least 20 feet of lot width at the front building line, except via the 25 foot access easement, and does not have frontage on a street, except via the accesseasement. The conveyance to the Harris Smith Post including the new 25 foot access easement includes a right of reverter to the Village. On March 18, 2013, pursuant to § 7-730 of the Village Law, the Planning Board referred the application to the Zoning Board of Appeals for consideration of two area variances: 1) An area variance from Section 231-22, Schedule of Areaand Bulk Regulations, from a 20 foot lot width at street to permit a lot with a 25 foot wide access easement from Broadway; and 2) An area variance from Village Law Section 7-736 public street access, to permit the creation of a lot with access from a 25 foot wide easement.

Karen Cleaveland moved to grant the Village Board lead agency status in this matter. Sam Merritt seconded. All in favor. Motion carried.

The Board does not have to do SEQR on this matter since the Village Board has lead agency status. But the Board will need to wait for a negative declaration from the Village Board. The minutes of the Planning Board meeting from March 18, 2013 show that this matter has been referred to the ZBA by them. A discussion followed. The Board read through the area variance application.

Karen Cleaveland moved to set a special meeting of the ZBA for Monday, April 29, 2013 at 7:00 pm at the American Legion. Tim Lynch seconded. All in favor. Motion carried.

The area variance will require a public hearing. Sam Merritt moved to set a public hearing for Monday, April 29, 2013 at 7:00 pm at the American Legion. Tim Lynch seconded. All in favor. Motion carried.

The Board then discussed training. Chair Tyler stated that she has been discussing this with the Village Board liaison Trustee Susan Ezrati. A training session that will be consolidated with the Village of Red Hook is being planned; no date has been set yet.


Tim Lynch moved to adjourn the meeting at 7:50 pm. Karen Cleaveland seconded, all in favor. Motion carried.

Respectfully submitted,

Claire Roff

Planning and Zoning Clerk