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Tivoli ZBA sets June 1 hearing after stop-work order for shed at 45 Montgomery St.
Summary
George Smith told the Zoning Board he placed a foundation and assembled a shed at 45 Montgomery Street before a survey was performed; after a neighbor complaint and stop-work order he requested an area variance for a rear setback measured at roughly 3.8–4.0 feet where 10 feet is required in the R15,000 district. A hearing was set for June 1 at 7:00 PM.
George Smith told the Zoning Board of Appeals that he assembled a shed on a foundation he had already laid at 45 Montgomery Street after receiving a building permit, and that he laid the foundation before obtaining a survey. A stop-work order was issued following a neighbor complaint.
"Smith has assembled a shed to be placed on a foundation that he has already laid on the property after receiving a building permit," the minutes record as Smith’s explanation to the board. Smith said he intends to move the foundation to meet the 10-foot side setback but asked to retain the shed’s current distance from the rear property line and requested an area variance for a rear setback measured at about 3.8 to 4.0 feet where 10 feet is required in the R15,000 district.
On a motion by Elizabeth Kiefer, seconded by Mark Bennett, the board scheduled a public hearing for June 1, 2026 at 7:00 PM to consider the variance request. The roll call vote was unanimous (Karen Cleaveland — aye; Mark Bennett — aye; Elizabeth Kiefer — aye). The minutes state the public hearing will be open to the public and held on the third floor of the Historic Watts dePeyster Village Hall.
