Southern Ulster Times Oct. 09 2019 | Page 4

4 Southern Ulster Times, Wednesday, October 9, 2019 Lloyd approves storage building By MARK REYNOLDS [email protected] In late September, Steve Lawrence, owner of the D & D Auto Supply Store, received Planning Board approval to build a 30’ x 120’ [3,600 sq/ft], 30 ft tall free-standing storage building on his property, located at the intersection of Rte. 9W and Woodside Place in Highland. The 0.67 acre parcel is within the General Business [GB] zone. In May, Lawrence applied to the Zoning Board of Appeals [ZBA] for commercial Area Variances; one asking to cover 67 percent of the lot, instead of the code’s limit of 40 percent . This is a 27 percent increase in size. For a second variance, Lawrence sought a rear yard setback relief of 13’ 8” (actual 11’4”) where the code’s rear yard setback is 25 ft. The ZBA approved both requests. Lloyd’s town code states that the Lloyd ZBA must be in accord with New York State Town Law 267-b. To approve an Area Variance the Lloyd ZBA had to conduct a ‘Balance of Interests” test, which consists of five points. The first provision asks whether the “benefit can be achieved by other means feasible to applicant.” ZBA Chairman John Litts wrote (on behalf of the full board) that, “Lessening the size of the building would not be economically feasible.” The response contains no other written information on whether other “means feasible” were considered. In addition, as per the Town Code, a project’s economic viability is not a factor in the granting of an Area Variance, but it can be considered for a Use Variance. Lawrence, however, applied for an Area Variance. On the Balance Test, the ZBA acknowledged that, “the “increase of 27 percent is large but the setback is not substantial due to the large highway [Rte. 9W] next to Woodside Place.” The Balance Test also stated that the building will have “no major impact” or be a “detriment” to the neighborhood. There is no explanation in the Balance Test on why the ZBA reduced the setback relief from 25 feet to 11 feet 4 inches or why the ZBA granted the increase in lot coverage from 40% to 67% other than to state that the setback is not substantial due to the project’s proximity to Route 9W. The Town Code in A107-10 (5) states that the, “findings of the [ZBA] Board and the supporting facts shall be spelled out in detail, regardless of whether it is based on evidence submitted or on the personal knowledge of the Board. The Board should show that it has made an intelligent review, considered all the information, heard all the parties, taken all evidence into account and made a personal inspection of the parcel in question and has ascertained certain findings from this examination.” There is no written evidence in the record that shows the ZBA conducted such a thorough and detailed review. In addition, when the ZBA approved the Area Variances last May, a representative of the Building Department and the Town’s Land Use Attorney were both present but made no mention of the above listed discrepancies. At the Planning Board meeting of September 26, a public hearing was held on Lawrence’s application for his storage building. It opened with a discussion on comments that Robert Liebowitz, Principal Planner for the Ulster County Planning Board [UCPB], sent to the town in early September. The UCPB asked that a visual rendering of the project be submitted to the Lloyd Planning Board in order to determine if the developer’s proposed five trees on the northwestern side of the building, “will minimize the visual impacts on the single family homes facing the proposed structure.” The UCPB stated that, “while the proposal is being set downhill [on] Woodside Place, the use of a landscaped berm in this location, in addition to trees, may be a more suitable alternative.” The UCPB also made note that an existing multi-family structure on the site shares an access point with the D & D Auto store off of Route 9W, but that no easements were shown on the materials that were sent from the town. The county said an easement for access needs to be indicated on the final site plan. The UCPB also pointed out that lighting details were absent from the materials that were provided by the town. “Lighting levels will need to be calculated for the plan with levels not to exceed the Illuminating Engineering Society (IES) Outdoor Site/International Dark Sky Association (IDSA) recommended illuminance levels. All luminaries are required to be LED and will need to meet the “fully shielded” definition adopted by the IDSA or be an approved fixture of IDSA with cut sheets provided.” Lloyd Building Department Director Dave Barton summed up the required modifications from the UCPB to the Planning Board by saying, “I think the county overreached yet again.” At the end of the evening the Planning Board approved the D & D site plan for the storage building. ZBA Chairman John Litts did not return a phone call to comment. County Clerk to host passport night in Lloyd Ulster County Clerk Nina Postupack and Lloyd Town Clerk Wendy Rosinski are hosting a special passport event at the Lloyd Town Clerk’s Office located at 12 Church Street, Highland, on Wednesday, October 23 from 5:30 p.m. until 7:30 p.m. U.S. citizens must present a valid passport book when entering or re-entering the United States by air. U.S. citizens entering the United States from Canada, Mexico, the Caribbean, and Bermuda at land borders and sea ports of entry must present a passport book, passport card, or other travel documents approved by the U.S. government. All first-time applicants must appear in person. Anyone under age 16 must also have both parents present (unless the appearing parent has a completed DS-3053) while ages 16-17 require only one parent present. First time applicants will also need their original birth certificate (or a certified copy) and their driver’s license or non-driver ID. There are two separate payments which must be made and at least one of those payments must be in the form of a check or money order. Pictures can be taken on site for $10. For a comprehensive list of requirements or for any questions, please visit ulstercountyny.gov/countyclerk. P olice B lotter Town of Lloyd Edward Santiago, 37, of Poughkeepsie, was arrested October 6 and charged with felony Burglary 2nd degree, Criminal Possession of Stolen Property 5th degree, Petit Larceny and Unlawful Possession of Marijuana 2nd degree. He is accused of breaking into a residence on Oakes Rd in Highland and stealing property. He was arraigned before Town of Lloyd Judge Elia and remanded to the Ulster County without bail. Santiago is due back in Town Court Oct. 10. Isabel I. Negron, 37, of Poughkeepsie, was arrested Oct. 6 and charged with felony Burglary 2nd degree, Criminal Possession of Stolen Property 5th degree and Petit Larceny. She is accused of breaking into a residence on Oakes Rd in Highland and stealing property. She was arraigned before Town of Lloyd Judge Elia and remanded to the Ulster County on $25,000 cash bail or $50,000 insurance bond. Negron is due back in Town Court Oct. 10. Barbara J. Green, 54, of Clintondale, was arrested Oct. 6 and charged with Criminal Possession of a Controlled Substance 7th degree. She was released on an appearance ticket and is due in Town Court Oct. 17. James S. Weeks, 60, of East Fishkill, was arrested Oct. 6 and charged with Criminal Possession of a Controlled Substance 7th degree. He was released on an appearance ticket and is due in Town Court Oct. 17. Joseph G. Boccard, 50, of Highland, was arrested Oct. 3 degree and charged with felony Criminal Contempt 1st degree and Attempted Assault 3rd degree after he was involved in a domestic dispute. He was arraigned before Town of Lloyd Judge Rizzo and remanded to the Ulster County Jail without bail and was due back in Town Court Oct. 8. State Police at Highland On September 28, 2019, State Police Highland arrested Crystal Thomas, age 30 of Highland, NY for Aggravated DWI (felony). She was traveling on State Route 299 in the town of Cairo when she was stopped for a vehicle and traffic law violation. Investigators allege that she was impaired by alcohol and was subsequently arrested. On October 6, 2019, State Police Highland arrested Edwin Lopez, age 29 of Schenectady, NY for DWI. He was traveling on State Route 299 in the town of New Paltz when he was involved in a vehicle crash with one other vehicle. . Investigators allege that she was impaired by alcohol and was subsequently arrested.