Meeting Date : April 21, 2016
Download Minutes : Download File

Call to Order/ Determination of Quorum
The meeting held at the Historic Watts dePeyster Hall, was opened at 7:02 PM and a quorum was
determined to be present for the conduct of business.

ZBA Attendees:
Chair Laura Gail Tyler
Karen Cleaveland
Bob Zises
Jonathan Trombly
Mark Bennett

Also Present:
Patrick Hildenbrand; 5127 Route 9G Applicant
Brian Denu; 5127 Route 9G Applicant
Trustee Susan Ezrati

Ralph Torchia
Gail Torchia
Edward Carroll
Sandra Carroll

The first item of business was to approve the draft minutes from the meeting on March 7, 2016. Karen Cleaveland moved to approve the minutes; Bob Zises seconded. All in favor. Motion carried. The next item of business was to approve the minutes from the meeting on March 21, 2016. Bob Zises motioned to approve the minutes. Jonathan Trombly seconded. All in favor. Motion carried.

P & B Properties
Brian Denu and Patrick Hildenbrand previously presented an application on March 7, 2016, for area variances related to their property at 5127 Route 9G, parcel #1348036175047710570000 in the RB district. The applicants wish to renovate the existing structure to convert a former deli attached to the residence into a second dwelling. The property is nonconforming as there is currently one dwelling on .91 acre and parking should be in the rear of the building. One acre is required per dwelling and currently parking is in the front of the building, where the applicants wish it to stay. They were referred to the ZBA
by the Planning Board as part of their site plan application. The applicants are seeking an area variance based on density to have two dwellings on .91 acres, a variance from two acres to .91, and an area variance for parking to remain in the front of the building line where it has existed.

Laura Gail Tyler has confirmed that this is a Type II, under SEQR, so there is no need for environmental review.

Patrick Hildenbrand provided the certified mail slips he was required to send to notify surrounding neighbors of the public hearing. Notices of the hearing were confirmed to be posted in six places in the Village. The fees for that variances had been paid by the applicants.

A site visit had been planned for April 4, 2016 prior to the public hearing but had to be cancelled due to snow.

A sketch had been previously requested of the applicants. Applicant Brian Denu claimed he provided a parcel access map at the March 21, 2016 meeting but it has gone missing. Laura Gail Tyler stated that a site visit was necessary to move forward with any decision regarding the requests for the variances. She also asked for a drawing to be provided by the applicant.

Brian Denu provided a summary of the plan for 5127 Route 9G. The interior footprint will change but the exterior will remain the same. He stated that a 20’ buffer is existing. An aerial photograph from and setbacks were discussed.

Laura Gail Tyler requested a simple line drawing of the parcel to the trees, as they are impediments, the septic to be indicated, the fire hydrant, the entrance and exit to the state highway, and the reduction of space for parking.

A second copy of the same photograph was provided with markings indicating two parking spaces at either end of the dwelling, parallel to 9G.

A discussion about the septic tanks occurred. Patrick Hildenbrand stated that he needed to use neighbor Ralph Torchia’s property to access the septic tanks.

At 7:29 PM Jonathan Trombly motioned to open the public hearing. Mark Bennett seconded. All in favor. Motion carried.

Ralph Torchia stated he was in agreement with the project. He wishes for the variances to be approved, as the applicants are enhancing the property, the structure, and the area around the house. He is against parking in the back and thinks the application process is “ridiculous” and problematic.

Gail Torchia questioned the reasoning behind parking in the rear and requiring sidewalks. Karen Cleaveland answered it was for business reasons and Mark Bennett offered it was to mask cars, as part of the aesthetic vision for the Residential Business district.

A discussion on zoning laws ensued. Susan Ezrati stated that having all for the project plan is necessary to protect everyone involved.

Gail Torchia commented about how ZBA makes a judgement and it is her opinion all information should be in hand before decisions are made.

Laura Gail Tyler responds that records need to be provided in full in order to grant or deny variances and to defend the decision.

Sandra Carroll asked for clarification about the project. No changes to the exterior would be made, only the interior footprint. No other questions or comments were made by the public.

A motion to continue the public hearing on Monday May 2, 2016, about the project at 5127 Route 9G, was made by Jonathan Trombly. Mark Bennett seconded. All in favor. Motion carried. The site visit was suggested to be rescheduled at 6:30 PM, May 2, 2016. A motion to approve the rescheduled site visit was made by Bob Zises. Jonathan Trombly seconded. All in favor.

Laura Gail Tyler that the applicant look into how many multifamily homes exist near the property at 5127 Route 9G if they are nonconforming. The sketch was requested again, to include the whole parcel, with front and side setbacks, the septic tanks, the trees, the size of the parking as it is now and what it will be reduced to after the project is complete.

Bob Zises asked if the septic tank could be moved. Brian Denu stated that this is not an option. The parking in the front has no alternative.

Laura Gail Tyler asked the applicants if they could move forward on their site plan. They responded that they need the variances to be approved before they can continue to work on the project.

Karen Cleaveland motioned to close the meeting. Mark Bennett seconded. All in favor. Motion carried. The meeting was adjourned at 7:52 PM.

Respectfully submitted,


Kristen Cleaveland
Deputy Village Clerk