Tivoli Winterfest Saturday, Dec. 16th !!!

Meeting Date : December 1, 2023

Call to Order / Determination of Quorum

The meeting, held at the Historic Watts dePeyster Hall, was opened at 7:01 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:

  • Applicant Yshai Yudekovitz

Chair Tyler welcomed two new members to the Board, Jonathan Trombly and Mark Bennett.

The first item of business was to approve the draft minutes from the January 5, 2015 meeting. Bob Zises moved to approve the minutes as presented. Karen Cleaveland seconded. All in favor. Motion carried.

New Business

Five area variances for parcel 134803­6174­02­643925­0000 on Clay Hill Road: Applicant Yshai Yudekovitz told the Board that he wants to put something on the lot that is set back and not too large to be considerate of his neighbors. He wants to comply with as many things as he possibly can with the design, given the size of the lot. The Board looked at the renderings the applicant brought of the lot and the location of where he would like to put the house.

The applicant is requesting the following variances:

  1. Minimum land area per dwelling is 2 acres, he has 0.149 acres.
  2. Lot width at street is 100 feet minimum, he wants 36 feet
  3. Lot width at front building line is 100 feet minimum, he wants 34.84 feet
  4. 4. Side setbacks are 35 feet minimum, he wants 10 feet
  5. 5. Size of dwelling­ minimum ground floor space is 700 sq. ft, applicant wants 645 sq. ft.

Chair Tyler stated that there is a list of criteria that the Board needs to go through and consider each one. They are:

  1. Will it produce an undesirable change in the character of the neighborhood and properties around it?
  2. Can applicant do this in some other way?
  3. Is it substantial?
  4. Will it have an adverse effect or impact on environmental or physical conditions in the neighborhood?
  5. Is it self­created?

The Board discussed these with the applicant to prepare him for the next meeting and public hearing.

Mr. Yudekovitz told the Board that the setbacks are because he wants to be considerate of his neighbors. The trees are thicker in the back. The trees in the front of the lot are nice and he doesn’t want to harm them in the excavation process. As for the form of the dwelling, he went through the Pattern Book and wanted something that seemed to sit well. The drawing he brought tonight is not the finished design.

Chair Tyler told the applicant that no matter what this Board decides, it is conditional on his getting septic approval. The applicant stated that the lot should be able to accommodate a septic system. He will have to connect to village water. Chair Tyler made a declaration that this is a Type II action under SEQR. Chair Tyler set a site visit for 6:30 pm on June 1, 2015. Bob Zises moved to set a public hearing for June 1, 2015 at 7:00 pm. Mark Bennett seconded. All in favor. Motion carried. The applicant was told of the certified mailing he will need to make for the public hearing.

Chair Tyler advised Mr. Yudekovitz that the number of variances and the amount required for the variances are so substantial that the Board has to carefully consider what they are doing and there is no guarantee that they will grant them.


Karen Cleaveland moved to adjourn the meeting at 7:38 pm. Jonathan Trombly seconded. All in favor. Motion carried. Respectfully submitted,

Claire Roff

Planning and Zoning Clerk