TOWN OF ASHLAND
12094 ROUTE 23
ASHLAND, NEW YORK 12407
518-7343636 Fax 518-734-4760
Richard E. Tompkins, Town Supervisor
Robert C. Ferris, Councilman James Lawrence, Councilman
Martin Blanden, Councilman Wanda Partridge, Councilperson
Public Hearing
August 11, 2008
TOWN OF ASHLAND
GREENE COUNTY NEW YORK
NOTICE OF PUBLIC HEARING ON THE APPLICATION BY
JANKOWSKA FOR A VARIANCE
NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Town Board of the Town of Ashland, Greene County, New York at the Town Hall, Ashland, New York on August 11, 2008 at 7:30 pm in the evening for the purpose of considering the application of Grazyna Jankowska for a setback variance from the Town of Ashland’s Structure Ordinance, for a proposed porch and garage within the minimum 40 foot setback located at 2633 County Route 10, Ashland, New York.
A Public Hearing was held at the Town Hall, 12094 Route 23, Ashland, New York on the 11th day of August 2008.
Present Richard Tompkins---------------------Supervisor
James Lawrence-----------------------Councilman
Robert Ferris---------------------------Councilman
Martin Blanden------------------------Councilman
Wanda Partridge-----------------------Councilperson
Justine L Koehler----------------------Town Clerk
Attended by: Nathanie Hendricks CWC, Burdette Dewell, Tom Lynch, Josef Waclaw Zareba, Grazyna Jankowska, Kevin Young, Thomas Dignam and Michelle Yost.
Supervisor Richard Tompkins opened the Public Hearing at 8:22 pm.
PROPOSED ZAREBA & JANKOWSKA VARIANCE
Josef Waclaw and Grazyna Jankowska are in need of a porch and or deck around there house and a garage. Grazyna gave the Town Clerk three certified mail receipts from their neighboring property owners. All persons desiring to be heard, having been heard, the hearing was terminated at 8:35 pm.
MOTION-A motion was made by Councilman Robert Ferris to close the public hearing at 8:35 pm, seconded by Councilman Martin Blanden, motion was:
ADOPTED: Ayes 5 Tompkins, Ferris, Blanden, Lawrence, Partridge
Nays 0
____________________________
Justine L Koehler
Town Clerk
Town of Ashland
TOWN OF ASHLAND
12094 ROUTE 23
ASHLAND, NEW YORK 12407
518-7343636 Fax 518-734-4760
Richard E. Tompkins, Town Supervisor
Robert C. Ferris, Councilman James Lawrence, Councilman
Martin Blanden, Councilman Wanda Partridge, Councilperson
TOWN BOARD MEETING
August 11, 2008
A Town Board Meeting was held at the Town Hall, 12094 Route 23, Ashland, New York on the 11 day of August 2008.
Present
Richard Tompkins---------------------Supervisor
James Lawrence-----------------------Councilman
Robert Ferris---------------------------Councilman
Martin Blanden------------------------Councilman
Wanda Partridge-----------------------Councilperson
Justine L Koehler----------------------Town Clerk
Attended by: Nathanie Hendricks CWC, Burdette Dewell, Tom Lynch, Josef Waclaw Zareba, Grazyna Jankowska, Kevin Young, Thomas Dignam and Michelle Yost.
Supervisor Richard Tompkins opened the meeting at 6:38 pm with the pledge.
Nathaniel Hendricks from CWC and Kevin Young gave a lengthy discussion and gave all board members a copy of Town of Ashland’s Sewer and Sewer Use Law Draft Documents. Board will start this process in September. Kevin Young would like to be at the next board meeting at 6:30 pm. Board would like Kevin to give all Town of Ashland planning board members a copy of this book.
PROPOSED ZAREBA & JANKOWSKA VARIANCE
MOTION-
A motion was made by Councilman Martin Blanden to grant Zareba and Jankowska a variance under the condition that the deck be constructed no less than 16 feet form the left hand corner of the proposed deck to the nearby property line, seconded by Councilperson Wanda Partridge, motion was:
ADOPTED: Ayes 5 Tompkins, Ferris, Blanden, Lawrence, Partridge
Nays 0
NOTICE OF ACTION OF THE TOWN BOARD
TOWN OF ASHLAND, NEW YORK
Variance #4 Dated: August 11, 2008
ACTION OF THE TOWN BOARD, TOWN OF ASHLAND
TO: Grazyna Jankowska/Josef Waclaw Zareba
2633 County Route 10
Windham, NY 12496
Re: SBL# 59.00-2-14.2, County Route 10, Ashland, New York
At the meeting of the Town Board on August 11, 2008 the above referenced appeal was considered on your request for:
( ) An interpretation of a Town Law
( ) A subdivision of land under the Town Subdivision Law
(X) A variance from the requirements of a Town Law
This notice and the application upon which the action was based are hereby filed with the Town Clerk.
ACTION TAKEN: The following resolution was passed in regards to this application.
RESOLUTION: In the appeal of Grazyna Jankowska & Josef Waclaw Zareba for a setback ordinance variance on the subject matter premises, the applicant’s wish is to construct a deck on their premises located at 2633 County Route 10, Ashland, New York which is proposed to be within the 40’ setback required by the Ashland Structure Ordinance.
FINDINGS:
The Ashland Structure Ordinance requires a minimum set back of 40’.
The applicant’s wish is to construct a deck on their premises located at 2633 County Route 10, Ashland, New York which is proposed to be within the 40’ setback required by the Ashland Structure Ordinance. There appears to be no appropriate alternative locations on the property to place the residence.
There were no objections from any adjoining landowner or member of the public.
BASED UPON THE ABOVE FINDINGS THE BOARD REASONS THAT:
The difficulty is not self-created and the lack of granting the variance will result in an undue hardship to the applicants.
Town Board Meeting
August 11, 2008 Page 3
Alternative feasible methods to achieve the benefit sought with less or no variance were explored and are not available.
The variance is insubstantial.
It is believed that the variance will not be a detriment to the nearby properties because there were no objections from adjoining landowners to the variance.
An undesirable change will not occur in the character of the neighborhood as a result of the variance.
The variance will not cause adverse effects on the physical or environmental resources of the neighborhood.
The Board took the required “hard look” at the project with regard to the requirements of the NYS Environmental Quality Review Act and found that this action is a Type 2 action and thus is exempt from such requirements and that even if it were not so exempt, the Board would make a “negative declaration” following the submission and review of an Environmental Assessment Form.
The Board voted unanimously to grant the within variance.
The required notice of the hearing was published at least ten (10) days prior to the hearing in the official paper of the Town.
Therefore, the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood and community balances in favor of granting the variance.
CONDITIONS OF APPROVAL: THE DECK IS TO BE CONSTRUCTED NO LESS THAN 16’ (SIXTEEN) FEET FROM THE LEFT HAND CORNER OF THE PROPOSED DECK TO THE NEARBY PROPERTY LINE.
BY: ______________________________ ______________________
Richard E. Tompkins, Supervisor Dated: August 11, 2008
Cc: Town Clerk – with original application
Applicant
Town Board
Town Planning Board
County Planning Board
Town of Ashland Assessor’s Office
PROPOSED ZAREBA & JANKOWSKA VARIANCE
The board has requested them to relocate the proposed area for the garage and resubmitted. Supervisor Richard Tompkins and Councilman James Lawrence will ride up one day and take a look at the property.
MICHELLE YOST-MT.TOP TOURISM COORDINATOR PROPOSAL
Michelle Yost presented a plaque to the Town of Ashland for there support in the Green Stream Celebration. Michelle spoke to the board in length about having the Town participates in funding for a Mountaintop Tourism Coordinator; the cost would be $3,000 per year with a three year commitment.
PLANNING BOARD MEMBERS
Thomas Dignam, Thomas Lynch and Burdette Dewell spoke to the board about Lawrence Zinno and how his neighbor is to close to his property. Planning board members would like the board to consider amending Town of Ashland’s Local Laws.
RESOLUTION # 2
HIGHWAY FUND TRANSFER FUNDS TO BALANCE ACCOUNT
TOWN OF ASHLAND
HIGHWAY FUND RESOLUTION OF 2008
At the Town Board meeting on August 11, 2008 Councilperson,
Richard E. Tompkins offered the following resolution and moved its adoption.
TRANSFER FROM TRANSFER TO
General Repair Contractual Machinery Item #3 Equipment
#5110-4 #5130-2
$2,500.00 $2,500.00
A motion to adopt this resolution was made by Councilperson, James Lawrence and seconded by Councilperson, Wanda Partridge.
ADOPTED:
TOWN BOARD MEMBERS
AYE NAY
Richard E. Tompkins __X__ _____
Robert C. Ferris __X__ _____
James Lawrence __X__ _____
Wanda Partridge __X__ _____
Martin D. Blanden __X___ _____
__________________________________
Justine L. Koehler
Town Clerk
Dated: August 11, 2008
Ashland, New York
RESOLUTION #3
GENERAL FUND TRANSFER TO BALANCE ACCOUNT
TOWN OF ASHLAND
GENERAL FUND RESOLUTION OF 2008
AUGUST 11, 2008
At the Town Board meeting on August 11, 2008 Councilperson,
Richard E. Tompkins offered the following resolution and moved its adoption.
TRANSFER FROM TRANSFER TO
Contingent Fund Ambulance Fuel
#1990-4 #4540417
$190.00 $190.00
A motion to adopt this resolution was offered by Councilperson, Martin D. Blanden and seconded by Councilperson, Wanda Partridge.
ADOPTED:
TOWN BOARD MEMBERS
AYE NAY
Richard E. Tompkins __X__ _____
Robert C. Ferris __X__ _____
James Lawrence __X__ _____
Wanda Partridge __X__ _____
Martin D. Blanden __X__ _____
________________________________________
Justine L. Koehler
Town Clerk
Dated: August 11, 2008
Ashland, New York
COMMUNICATIONS
State Equalization rate is 55.5
Letter from Charles Maben
Coalitions of Watershed Dues are now $500
Star Administrative Aid Payment is $ 212.17
RESIDENCY CERTIFICATES
MOTION-A motion was made by Councilman Robert Ferris to accept residency certificates for Frank LaRosa Sr; Frank LaRosa III; Andrew Alberti and John Lucania IV, seconded by Councilman Martin Blanden, motion was:
ADOPTED: Ayes 5 Tompkins, Ferris, Blanden, Lawrence, Partridge
Nays 0
AMBULANCE DRIVER APPLICATION
MOTION-A motion was made by Councilman James Lawrence to put Pamela Berry on the reserve list as driver for the Town of Ashland Ambulance, seconded by Councilman Robert Ferris, motion was:
ADOPTED: Ayes 5 Tompkins, Ferris, Blanden, Lawrence, Partridge
Nays 0
TOWN CLERK MONTLY REPORT FOR JULY 2008
Town Clerks report for the month was reviewed and signed.
HIGHWAY DEPARTMENT-ERIK ALLAN
Erik went over his budget for next year with the board.
MINUTES FOR THE MONTH OF JUNE 18, & JULY 14, 2008
MOTION-A motion was made by Councilman James Lawrence to accept the minutes as written for public hearing on June 18, 2008 and July 14, 2008, seconded by Councilman Martin Blanden, motion was:
ADOPTED: Ayes 5 Tompkins, Ferris, Blanden, Lawrence, Partridge
Nays 0
PAY THE BILLS
MOTION-A motion was made by Councilperson Wanda Partridge to pay the bills as written below, seconded by Councilman Robert Ferris, motion was:
ADOPTED: Ayes 5 Tompkins, Ferris, Blanden, Lawrence, Partridge
Nays 0
LETTER FROM TOM CROSS-MAGUFFIN PROPERTY
Supervisor Richard Tompkins will check with Tom Cross about the Maguffin property.
Councilman James Lawrence and Supervisor Richard Tompkins will go and check property.
Town Board Meeting
August 11, 2008 Page 7
Motion was made by Councilman Martin Blanden to close the meeting at 10:10pm.
_____________________________
Justine L Koehler
Town Clerk
Town of Ashland
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