Zoning Board of Appeals - Regular Meeting

Okay, let's start the meeting of the Cold Spring Zoning Board of Appeals. I'm Eric Morith, the chair. I'm with Maryanne Remy and John Martin. Three members out of five. So, we have a quorum here tonight. Let's start with the workshop on 51 Parrot Street. Are you Would you like to join us at the table? Sure.

Nice to meet you. I think I already met you, but you meet. So workshop is the first step before the public hearing, right? and we don't evaluate your application. You don't have to defend it. We just examine it to make sure it's complete. Um every everybody understands what's the issues are correctly and then to if everything seems ready to go then we vote whether to have a public hearing and when to have it. Okay. So why don't we start just by you giving us a just like a summary of what your project is.

So really quick overview is uh my house has an existing shed uh within the setback it with a garage in the same location. So this will be a garage just for parking car or utility purposes like that not No rest. And how much taller will the garage be than the shed currently? You know,

uh, off the top of my head, I don't I would say, let's see, I believe it's about 12 feet to the peak of the garage. The shed that's there is about taller than me, so 78 ft. Do the plans give the height of the garage? Yeah. Yeah.

Oh, yeah. Right. Okay. So, um I'm just looking at the Cold Spring zoning code just to refresh our point 134-17 says uh an an accessory structure which is what this is considered may be located in a side or rear yard provided accessory structures shall be no closer to the side and rear lot lines than the minimum setback specified for design. So that's um an RO district. So we've got um step back. Hang on. Too popular.

Not really. So in RO a minimum of five feet on on one side but and a total of uh 12.5 minimum both sides. So five minimum and your going to be three. So this is a narrow lot. It's 50 feet wide. I think I saw it is 50 ft. Um and that's so there is a you're thinking of the narrow lot exception. Yeah. Um or or do we now look at the sideyard as

that's a good point. Um I know that was in the old code. Is that still in the new code? It may be. See here. Not that I have any formal education on the town code, but I would answer a guess as to yes, just given the number of structures similar to this that are on my street in a similar location. That wasn't mentioned in the referral, was it? No, nothing about any any exception or

would it usually say that if that were what it is? Uh I don't know. Well, he's referring the the building inspector is referring to a specific section if you said which is 134. Yeah, it's a table. So, I think this could be an arrow lot and that's what I thought you were reading off the definition of. Mhm. It used to be that there had to be maximum for total 15 yard 15 ft set side yard set back narrow lot uh and like the minimum had to five or something like that like you just mentioned. So that got my mind thinking of where

Well, I'm looking here. I was trying to see if that is in the new because the this chapter of the code was replaced a couple years ago. Rewritten um you know looking at that I see you know some uh photographs be helpful as to uh how this layout is of the neighborhood around you with that other structure that it's going to be close to probably less than 5t away or four feet 3 feet six feet maybe

somewhere around there frame shed is that what well to the neighbor yeah I can show you satellite that help yeah if you can get a satellite for the hearing itself you don't for the hearing but yeah just so we have something to refer to and talk about absolely Absolutely. Yeah. Because you know some of the criteria are you know how sets up in a neighborhood uh you know it's consistent with what's in a neighborhood

different we have use photos will make that clear for us. So, this is a one car, one door car garage or two car uh single door, twoc car.

There is another door in the back. Just a man door though. Well, the um Don the minimum lot width in Roro now is 45 ft. So this is 50. So it's not even a it's not it's a conforming as far as width. So I don't think um I don't think there's still a narrow lot exception, but this would not Yeah, I think it I think it was in around 50t exactly in the old code. So anyway,

I think we we reduced it for RO because so many lots are narrow part of normaliz it seems narrow compared to yeah a modern lot but not not back when it was a new lot. So, we'll go back to that section you're referencing, right? We'll go over that one. Well, I'm done referencing the code. Um because um nothing more to be gleaned.

All right. Um one thing that is still missing is um a signature on the notice, the disclosure of official interests. We we the form is here, but it it looks like you didn't sign it. So, you could just sign a copy. Yeah. Um I'll pull one up here. This just asserts that you Oh, it is signed here. Okay, never mind. The one on my doesn't have the signature that Eric, if I was going to ask first that like they have to post sign, right? Right.

I'm not sure. Did you have the guy down at Debo also supposed to sign it? He was told about it. Yeah. Yeah. We'll get to that off the hearing. So, we have the uh the crucial plans showing the new location 3T set back. Are you going to extend the driveway to meet the garage? The new garage.

I'm just going to use gravel. I'm not going to tape it. Well, I got a question for you. Is there any need to put the dimensions of the old shed or does that make

I would not say it's required. Um, and I I don't uh know whether it helps one way or the well helps or helps the case or Well, yeah, cuz I guess they're you're cross comparing of what's there, what's proposed, and what's within uh the setback of what would be 5T I guess there. We're going to say that right on that side. Um, so the structure is is wider. It's not as close to the line.

Oh, I see. So you're you're wondering what the change is like. Yeah. Just comparative about what people were dealing with. Yeah. Okay. Well, I mean, you're certainly entitled to to ask the applicant for that information. So, if you could um I mean, again, this is not the hearing, but I'm just saying that for you. The whole point of the workshop is to make sure he has all the information that you're going to want to know about in the hearing. So, Matthew, um the hearing itself, you can be ready to tell us the dimensions of the existing shed. Sure. Yeah. you know, with, you know, I mean, the dimensions, you know, the narrow and the long side and the height

and and the and the setback, unless that's in here, like the setback of the existing shed, like how close is it? What uh to the property line, I couldn't tell you. I would say currently. So, if you look, there's this structure on the other side of the property line. It's if it's 24 inches from that structure, it's a lot. Okay. In summer, there's bushes there and I can't walk through it. Okay. It would be sort of helpful to know, you know, a rough estimate of what it might be, you know, just that we put it in the record. Uh, you know, we're sort of comparing what's currently there.

Yeah. Because the idea is um what is the change here like in terms of bulk impact on the neighbors? Is it getting worse or is it getting better? It's just the amount of structure in that yard that setback area. I I can't quantify that right now, but just as a measure or some, you know, for you all to get your heads around, the uh company who's going to construct this thing needs at least three feet from the existing structure to put up this garage. So, I like I can't actually get it closer than what's there now because it just it won't be possible to build it. So, I have to go farther away just to construct. But I can get you. Yeah.

Yeah. It would just, you know, just for putting it in the record. And I could also see so the um where the door is is the wider part of your um ship as far as it can be. So it goes to the property line. It the it goes uh right. So this the property line is going in this plane down this way. Yeah. Right. So the it's 17 by 20. This is the 17 dimension. And then uh this is going to be your 20. Okay? Because so what I was going to show you is the reason why I was asking is if uh the pitch of the roof was here like this, you would have a a lower edge going towards

the house as opposed to a higher edge going closer to the line. So just pointing that out that so but as it is it's going to be sloped down towards the garage door and like sling towards the back away from the property or away from the structure that's close to it. Got it. So the gable faces the neighbor. Yeah. Yeah. I mean just pointing that out. I mean where it would have been different if it were this then you would be looking at that.

That's a relative point. So this is this this uh they call it survey here. This is definitive that it's going to come to that line 3 ft away. Right. Right. Okay. It's not it's it's it's exactly on three feet from front to back. Yeah. Batty and Watson did the original survey and then I asked them to mark this up based on the dimensions that I gave all of you. Right. So that is to scale.

Okay. Great. I don't know if it's to scale. Sorry. I don't know if it's a scale on this piece of paper, but So, see, you're coming out of you're coming out of a closer um contact with the old shed uh to the uh property line. Uh and it's sort of like you're doing a little give and take and you're creasing the bolt but pulling it back. I mean, that's the thinking, you know, that we look at, you know, and just to let you know. Understood. I know, but go ahead.

Um, one of the things that we think about that I'm always curious about too, are there is it um is there a way to move it so that it is 5T from the property line, the garage? Um, you don't have to answer now, but you're not. Thank you. That's Yeah, that's a key point that we will just, you know, to be ready for the hearing, right? That's one of the key questions any ZBA asks an applicant. Like, you're saying you need an exception. Well, why couldn't you, you know, follow follow the rules? What prevented you? Why is this this necessary? Right? Uh, you don't have to give it now. Okay. But

I have two really short, really easy answers. The reason the reason why I'm saying that is that it's for you to think about and know about so that you have it thought out in your mind what alternatives may or may not have been available. Okay. I guess just in case you know a neighbor may have a question, right? Okay. All right. It's one of the criteria that we go through. Now, um uh before the hearing, you will need to mail notices to the neighbor immediate neighbors as you know because it's in the application and I will um send you it's a one-page notice. I will send it to you a PDF

and you just print it, mail it, mail that one sheet to everybody and I'll give you all the instructions about how to do that. that um you've provided addresses and I was cured. One of them is one bank street. I wonder if that's a mistake. Um because that's that's that's what Google gave me. So I'm happy to admit that that was a mistake. That would be for the house behind me. This okay. Yeah, that's not I mean according to this is um Putnham County's MA tax map. So your 51 is here, right? One bank is way over down here in the corner. Oh, it's seven. Yeah. Right. That's just me not being able.

Okay. I would go with actually both of the neighbors behind. So the number seven number nine is the corner of number nine touches your corner. And if there's a very clear view of of this shed of the garage. So I would include number nine as well. Nine and seven. Now what about across the street the other side of Paris Street? We got that on there now. Um, that's 50 52 or sorry, yeah, 50 50. Yeah, that's right. Directly across the street. They can see between the two houses. So, yeah. So, I think um removing one bank and adding

seven West Bank and nine West Bank. Those are called West Bank there. Okay. Got it. And then you'll have a a complete list that's appropriate. our neighbors. So, was this the signed part you were looking at or you don't have the original? That's the one. Yes, that's the one. It is signed. So, no problem.

And um see, so you've got that then I guess the sign out front, right? As the application talks about, you need to post a sign in front um starting no later than 10 days before the hearing date. and get the sign from the village clerk. And that's that's and does it stay up until you have the hearing and come? Stays up until the time of the hearing itself. And when you come to the hearing, you should bring the affidavit and sign it at on that day which says the sign has been in place for 10 days up to this moment.

Okay? So that's why you can't sign it ahead of time. Makes sense. Uh so is it just so I understand the timeline here. So it's mail letters then put sign up or is it both of them have a 10 day it's a 10day minimum for both. So okay the due date is the same same date and I I'll re reiterate all that when I send you the notice.

Okay. uh but uh and and the village will be placing a notice in the newspaper that also has to be at least 10 days before. So given and then the planning board has to have a chance to express an opinion and um so all because of all these um uh preliminaries uh we typically can't have hearing sooner than four weeks from now, four weeks after the workshop. So, let's see where we are now. Second to last week. So, you're looking to build during the summer and it's fall ideally.

As long as I can get the cars in before it gets salty out. That's that's the real timeline. Yeah. So, that would put us at the fourth the fourth Tuesday of August 26th. Okay. Are you available then? I will make myself. Okay. How about Marian? Yeah. John, any obstacles? Okay. Is there a meeting that day? That's one of our regular meeting days, right? That's

second and fourth Tuesday of the month on the the second Tuesday the 12th will be too soon to to do all this. I'll make a motion that we hold the public hearing on 51 Parrot Street on August 26, 2025. 7 p.m. At 7 p.m. I'll second that. All in favor? I I Okay. Great. So, other than the You got the photographs too, right? Yes. So, satellite. Um, perfect. and just take some photos, too. Yeah.

And then so it's like what what people would see from if you can from your neighbor. It's really helpful. Okay. Yeah. They I'll happily do that. The way my property works, the backyard dips down, so you're not going to see much. I'll show you. You'll see when we see the photos, but yeah. Okay. Great. That's just helpful to see pictures. Yeah. Absolutely. Okay, sure thing. Um, okay. So, the next thing to happen is you'll get a message from me within a couple of days and telling you how to send the notices. Okay, beautiful.

Thank you very much. As well, uh, hard copies of or email them or Well, I'm fine with email. Um, do you have a convenient way to print them or Yeah. It doesn't hurt to have one set to pass around. Yeah. Yeah. And also if uh to show if any one from the public comes, they ought to be available to show. Okay. All right. That's easy enough to do.

Yeah. We'll do. Thank you all very much. Appreciate it. Cheers. Have a good night. The only other item on the agenda is the to reschedule the hearing on one foot square. Abby, did you get any clarification from the PCNR about why that No, I sent I sent the email that I received to you. I think you said it was communication between Quick and PCNR. Yeah. But I did publish it. I think even before the date that we had a big thing. And the second it appeared this week

the second appearance was was in the paper but not the first or July 9th. Should we put it on the same date? They Yes, they actually um they're available on the 26th and not the 12th. So the 26th works for them. So I'll make a motion that um the hearing on one depot square be rescheduled for August 26, 2025. at the regular meeting beginning at 7 PM. Second. All in favor? I. Okay. So, I guess we'll put out a notice and let those guys know that there's two two here.

Abby, do you think this is connected with the chain? So, they had their ownership and their editor change or the news if the paper is kind of has changed its process. Mhm. That's possible because the person I spoke to, I believe they were also in Okay. So, it it's a lot. See, you know, I guess you'll be placing other notices, too. Keep let me know how it goes. See if there's anything

you can do to double check like after submitting it and getting the confirmation. Is there still some something else on that Friday? like the Friday at the end of the week. Is there something further possible that we can do to just be sure because it's a big pain for the applicants to do their mailing and then have have to have to cancel. Yeah, that's true. I can do that. Um well, you do a lot. You want want us the more the better, I guess.

So, send out put in your and then somebody will reply to you. put in just Eric to the board. Somebody follow up as well, you know, us just double check, make sure it's code check if you want. Um, what would actually help me if you guys could just check because when you sent me an email, I couldn't I had to like purchase a newspaper thing. Yeah. Which I didn't mind, especially for the one time, but I would hate to do that twice for the next month. Oh, yeah. Um, yeah. They send it to They send the print issue to my house. So, um I I definitely that's how I knew it wasn't it.

Yeah, that that's how I figured. I'm like, "Oh, wow. Eric, that's so cool." But what I can do to be ahead is I can probably do it one week earlier. I'm not quite sure if it has to be within that 10 days or can it just be 10 days before? Um actually, that's a good point. If we have the time now it it can be it just has to be 10 days before, right? No later than 10 days before earlier like at least 10 days. Right. Exactly. So it can be more early. Okay. So let's see if um

I mean today's Tuesday. So if you if you got it later this week, got it in later this week, then it would appear next week on the 30th and that's um three weeks ahead of time. So if if Okay, that's a good idea. Yeah. So, I will um Yeah. send you the text in a day or two. I can probably change it. It's just a date change. Really? Right. Oh, well, we want to get both. Oh, yes, that's true.

Yeah, we have the Let's do them together so we can kind of minimize the risk of of problems. So, yeah. So, once I get you for 51 Parrot Street, then the other one you could reuse. Just change the date. So, because you do so many things, like I said, if you ever wanted to delegate to say, go check this to make sure. Well, if if you felt like Yeah, this this is easy. On your good side, Eric. That's why I volunteered with that. Oh, because it's easy. Yeah, but it's just another double check to be sure. Yeah,

true. think on. So that's it, right? Yeah. Unless anyone else has any other business meeting. I did add very short here. Okay.

So that was last month. Well, if we approve the meeting minutes, we'll beat the closing time of last week was 7:33. 7:32, right? I move. Well, it looks perfect. It does to me as well.

I move to accept the meeting minutes of June 24th as written. Second. All in favor? I move I move that we close the meeting. I move that we close this meeting. All in favor? I Good. Same timing. We're getting this down pretty well. Yeah, guys. You know what? Every meeting has to fit within that. 7:33 is the deadline. And I'll set up a