ZONING BOARD OF APPEALS 5/07/2025
TOWN OF MOUNT HOPE
ZONING BOARD OF APPEALS MEETING
May 7, 2025 – 7:00 P.M.
Present: Vincent Galligan-Chairman; Board Members: Robert Wheeling, Kathy Hosking, Mary Carver, Rita Rich Alternates; Kenneth Hilley; Zoning Board Attorney: Alex Smith; Jason Pitingaro-Town Engineer; Christopher Furman, Town Board Liaison for ZBA
Meeting called to order at 7:00 p.m. by the Chairman.
Pledge of Allegiance led by the Chairman.
No Correspondence
Application of Christopher & Melissa Prendys-Tax Map Section 22; Block 3; Lot 1; in the RES 1 Zone. Property is located at 4 Elm Road. The applicant was denied an addition on the grounds of “250-6” – setbacks.
Present: Mr. Prendy
Mr. Prendy explained that he has a very a small lot; the house was pre-existing on the lot when they bought it. His family has grown, they have two children and he does work from home. He is looking to add on a dedicated office space as he is working in a spot in the kitchen now where everyone passes through. They currently have an enclosed porch across the back which they would tear off and add on to the kitchen and this would give them the added space which he needs for an office. R. Wheeling asked if the property is presently in compliance; response was “no”. He has a third of an acre. The board asked if he had ever received or asked for any additional variances; response was “no”. Alex Smith asked how much of a variance he would need; Mr. Prendy responded that his architect has not determined that yet – possibly 13 ft. to 17 ft. as they were waiting on the outcome of appearing before this Board. This will not require a 239 referral. Motion made by R. Wheeling to schedule this application for a public hearing for June 4th; second by K. Hosking; All in favor; no opposition.
OYA Pine Grove Road (Solar) – Tax Map Section 1; Block 1; Lot 137 in the Residential Agricultural 1 Zone Property is on approximately 84 acres and is owned by Gary Stellingwerf.
Present– Mathew Mihaly
Chairman Galligan asked for a brief update of what they would like to do. The applicant is seeking relief for the following area variances (1) relief to install a solar facility within 10 feet of the eastern (side) property boundary and (2) relief to install a solar facility within 29.69 feet of the rear property boundary. This will be a 5 megawatt solar and will meet all NY State requirements. There are two small wetlands which they will not touch.
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Orange & Rockland has given their okay and will increase tax revenue. This will be a lease for 25 to 30 years.
The Board asked if they could do this without the variances; response was there is an additional land however the owner/farmer does not want to give up additional lands. The height of the panels would be approximately 15ft. with an 8 ft. high deer fence around the facility. They also propose to plant Eastern red Cedar trees as a buffer.
Alex Smith asked if they had a similar project in the Town of Wallkill very near to this one; response was yes and it was approved with variances granted and a 239 done. K. Hilley asked what the view of these panels would be from the adjoining roads; Chairman Galligan asked about the interconnection and the interconnection on these lines; is it possible to do this without the variances? The Board wanted to know more about the size of the current setbacks “shared” with Town of Wallkill and where is the documentation. The representatives for Mongaup stated that if they don’t receive or get the variances granted they might not be able to proceed – they would have to consult their electrical engineer. They are also planning on attending the planning board meeting in June.
Motion made by R. Wheeling to send the application to the County for a 239 review; second by K. Hosking. All in favor; no opposition.
Application of Paul Barth – Tax Map Section 12; Block 1; Lot 56.1 in the B-1 Zone
Present: Mr. Barth
Mr. Barth was disapproved by the Building Department for 250-29B “A house is not approved for use in F-1 Zone”. Mr. Barth stated that there is currently a building on Section 12; Block 1; Lot3.1 which I wish to remove that existing house and build a new house. He further stated that he lives next door to this dwelling and he gave them a piece of property along the back that made their property larger. The property in question was his daughter’s grandmother’s house. The Board asked if he knew when someone last lived in the house; Mr. Barth responded 2 ½ years ago. They asked if the house was falling down and he responded “no”. There is nothing falling down. They asked if the sewer works and he responded, it did. The Alex Smith, ZBA Attorney stated this is a “Use Variance” they are asking for as it’s a non-conforming use since it is now a business zone and all the other homes were built in the old zone. It is a difficult use as you have to show a hardship and you are stating the house is not “falling down”; is that correct – Mr. Barth – yes that right. Counselor Smith responded he will have to research the code. Motion made by R. Wheeling to send this application for a 239 referral to the County; second by K. Hosking. All in favor; no opposition.
Chairman Galligan asked if there were any further questions from the Board; there were none.
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He stated he would like to discuss a cut off date for submissions to the ZBA like the Planning Board does; he understands anyone wanting to be on their agenda has to be submitted 17 days in advance. All Board members were in agreement. Motion made by M. Carver to adopt that; second by R. Wheeling all in favor; no opposed.
Motion made by M. Carver to close the meeting; second by K. Hilley. All in favor.
Respectfully submitted,
Linda Franck, Zoning Board Secretary