Zoning Board of Appeals
The Village of Woodbury Zoning Board of Appeals reviews applications from property owners for special permits variances. When there are practical difficulties or hardships faced by individual property owners in complying with the strict letter of the Village's zoning regulations, the Zoning Board of Appeals has the authority to issue special permits and/or variances, provided the public convenience, safety and welfare are substantially served and the integrity of neighboring properties are not injured.
The Zoning Board of Appeals meets on the second Wednesday of each month at 7:30PM in Woodbury Village Hall - 455 Route 32, Highland Mills. Agendas are set prior to each meeting and posted here. Meeting minutes are prepared following each meeting and are available in hardcopy at the Building Department or electronically.
at 7:30pm at Village Hall
VILLAGE OF WOODBURY
ZONING BOARD OF APPEALS
MAY 8, 2019 – 7:30pm
1. Executive Session
2. Approval and acceptance of previous minutes
3. New Business – n/a
4. Action on Decisions – n/a
5. Public Hearings -
A) The Shops of Woodbury, LLC – Continuation of Public Hearing for area variances and interpretation. Applicant proposes to construct a commercial center and hotel having a lot area of 9.65 acres. The height of the proposed hotel is 60 ft. high, whereas, pursuant to Section 310-7 bulk regulations, the maximum height permitted is 35 ft. Furthermore, the applicant requires an interpretation as to whether a hotel is permitted as part of a commercial center pursuant to Section 310-49(c)3. In the alternative, the applicant is requesting an area variance from the minimum lot area required pursuant to Section 310-6f. Said property is located in the IB Zoning District off of the intersection of State Route 32 and Locey Lane in Central Valley and is known on the Village of Woodbury Tax Maps as Section 225 Block 1 Lots 34.1 & 34.2.
B) Falkowitz –Public Hearing for a use variance and special permit to demolish and rebuild a dwelling containing a non-conforming 3 family and replacing it with a 2 family dwelling. Pursuant to Section 310-43.2(B)(3) a non-conforming use “shall not be changed to another nonconforming use without the approval of the Zoning Board of Appeals and then only to a use which in the opinion of said Board is of the same or more restrictive in nature.” Furthermore, the applicant proposes to expand the non-conforming dwelling by up to 10%, whereas, pursuant to Section 310-43.2(C), the Zoning Board of Appeals may issue a Special Permit for the expansion of a non-conforming use of a building provided the expansion meets certain criteria set forth in Section 310-43.2(C)(1)(2) of the Village Code. Said property is located in the R2A Zoning District at 12 Skytop Road in Highland Mills and is known on the Village of Woodbury Tax Maps as Section 217 Block 3 Lots 4.
C) ALDI Inc. – Public Hearing for an area variance to permit 2 wall signs both having 5 colors (corporate logo). Whereas, pursuant to Sections 310-30(2)(D) and 310-30(D)(1)(e), no more than two types of signage are permitted and no more than four colors are permitted. Said property is located in the IB Zoning District within Woodbury Centre at 43 Center Drive in Central Valley and is known on the Village of Woodbury Tax maps as Section 225 Block 2 Lot 1.12.
D) Pulver/Rushmore Estate Winery - Public Hearing for an area variance to permit the proposed use of a farm winery. Whereas, pursuant to Section 310-39.1(B), winery access must be to NYS Route 32 and applicant proposes access through Quaker Road (Village Road) and Ice House Road (Private Road). Said property is located in the R1A Zoning District at 14 Castleton Drive in Highland Mills and is known on the Village of Woodbury Tax Maps as Section 202 Block 1 Lot 70 & 79.
E) Brach –Public Hearing to appeal violation order #2019-012 issued by the Building Inspector for exceeding the permitted height and location limitations for fencing placed in the side and front yard. In the event the ZBA upholds said violation, the applicant seeks an area variance to permit a portion of the solid 48 inch high fence in the front yard to remain. Pursuant to Section 146-7(A) of the Village code, fencing in the front yard shall be uniformly less than 50% solid. Furthermore, the applicant has erected 6 ft. high solid fencing in a side yard, whereas pursuant to Section 146-5(B) and 146-7(A) fencing in a side yard shall not exceed 4 feet high and shall be less than 50% solid. Said property is located in the R2A Zoning District at 273 Seven Springs Road in Highland Mills and is known on the Village of Woodbury Tax Maps as Section 213 Block 1 Lot 67.
F) Osweiller – Public Hearing for a use variance to permit the use of an existing building containing a non-conforming use to operate a taxi dispatch office. Whereas, pursuant to section 310-43.2(b)(3), any nonconforming use “shall not be changed to another non-conforming use without the approval by the Zoning Board of Appeals and then only to a use which, in the opinion of said board, is one of the same or of a more restrictive nature”. Said property is located in the R0.25A Zoning District at 19 Adams Street in Highland Mills and is known on the Village of Woodbury Tax Maps as Section 220 Block 2 Lot 15.1.
6. Building Inspectors Report
7. Deliberations on closed Public Hearings
All documents are in agenda item order. Viewing and printing of these documents requires a modern browser which is compatible with Google Docs. Hard copy of documents can be obtained from the Village Clerk's office.
Applications for the Zoning Board may be obtained in hardcopy at the Building Department and electronically on the building department page.