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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.