Proposed zoning change under review

It would define front, side and rear yards of corner lots if adopted

HURLEY, N.Y. >> The Town Board is reviewing a proposed zoning amendment that would provide a definition for front, side and rear yards of corner lots instead of letting the property owner make the determination.

Planning Board Chairman Peter McKnight said during a meeting Wednesday that the language is being proposed to resolve questions that arise when property owners designate a front yard as a matter of convenience.

“The way that the current law is written (allows) the owner to decide which yard is the side yard and which yard is the rear yard,” he said. “The question is how is that (designation) is passed on from owner to owner. So if somebody decides they want to put in a shed they can say which is their side yard and which is their rear yard.”

The revisions are intended to apply to corner lots where more than one side of the property could be considered to have frontage even if there is only one driveway. Under the proposed revision, all yards that abut a street would be considered a front yard. It would include properties that have streets on each side, which would then designate each of those areas to be front yards.

Rear yards would be the area of the property that is directly opposite a front yard unless the parcel has a triangle shape that has streets on two sides. In that instance, it would be considered to have a “side” yard.

McKnight said the significance is having language that will allow site plans to move forward knowing which setback regulations to use.

“It came to my attention because the … Building Department is having problems with a particular project and they’ve had problems with a couple of other projects,” he said. “You might have a project that needs to be 30 feet from the front and back lines but you only need to be 10 feet from (the line for the) side yard. So if all of a sudden you could say which was your side yard you could go ahead and build your house that much closer.”

The Town Board has concluded a public hearing on the revisions but is waiting for Ulster County Planning Department comments before voting on adoption.