Zoning Board of Appeals 10-20-03 pg 2 of 3

HEARING REVIEWS: November 17, 2003

Ramapo Catskill Library System (side yard)

Dan Yanosh: This is an existing 1 story building on 17m and they propose a 10x24 addition for storage for a computer room. It has been there since 1961 and they have 3 parcels.

Mr. Smith: Is it a 2 story building as well?

Mr. Yanosh: Yes. We’re here for a variance for the side yard from 20ft to 7.5 feet. The need is for a computer room and have been there for 15 years with the expansion for paper and equipment storage.

Library representative: There are 47 member libraries in several counties and we purchase computers and install them and they come in in large lots and need place to store then and the WAN (wide area network) is located in that location and manage over 800 computers and repair computers and have staff of 7. When we started had 0 technicians and now 7 and 17 libraries in Orange County alone.

Mr. Smith: this will be enough?

Mr. Yanosh: No.

Mrs. Thompson: access in/out is adequate?

Library representative: We were in for an addition in 1984 but it was closer to the property. We have full staff of 28 in the building.

Mr. Oster: This ‘L’ shape was added. You are going to nudge the neighbor again?

Library representative: We have good relationship with them. No other location.

Mr. Oster: There is not 284 square feet inside to accommodate this?

Library representative: No.

Mr. Oster: Take a look and have a hearing.

Mr. Smith: What about the other building?

Library representative: It is for rough storage and we will take it down at some time in the future. We are open Monday through Friday from 8a to 9p with 4-9 staff and only 1 or 2 people on the weekend.

Mr. Smith: I Move to hold a Public Hearing on November 17, 2003 at 7:30pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

Mr. Smith: It is necessary to notify everyone within 300 feet of the property. You can obtain the list of names from the Tax Office. The notice of the Public Hearing will be in the Times Herald Record’s public notice section within the next week. Take that notice, copy it and mail it to everyone at least 10 days prior to your scheduled Public Hearing date. Mailings must be sent by certified or registered mail. Bring the proof of mailings with you to your Public Hearing. The Public Hearing can’t be opened without your proof of mailings.

Ralph Pepe (side yard variance):

Mr.Smith: What are you planning to do?

Mr. Pepe: We would like to put awning over to entrance to the place on 511 Rt 17M.

Mrs. Thompson: On the side there? (looking at drawings)

Mr. Pepe: Yes.

Mr. Smith: It’s not lighted?

Mr. Pepe: No. Canvas over a steel frame.

Mr. Mattatall: How big is the awning itself?

Mr. Pepe: It is 7 x 147 inches. It comes out 7 feet.

Mr. Mattatall: It will follow the building line?

Mr. Pepe: Yes. It comes about 36 inches to property line from the pole.

Mr. Smith: The side from 25ft to 35 inches – how does it fit into the awning?

Mr. Oster: The awning will come within 3 feet on the side.

Mr. Smith: How close to front line?

Mr. Pepe: The road from awning?

Mr. Smith: Yes.

Mr. Pepe: (showed drawing) The building to the road is 60 ft less 7 feet.

Mr. Smith: This looks like…did you go to pavement? The off set is 38.9 you have to go to the line not the pavement. If you need other variance we can do it. The off set from the corner to the line is 39.8 feet so 60 feet is not correct, this is longer here (looked at drawing) if coming out 7 feet need variance. To complete application 249-26 (d): side yard from 20ft to 35 inches; front yard from 35ft to 31ft. We need a copy of the survey showing 38.9 ft to front line.

Mr. Smith: I Move to hold a Public Hearing on November 17, 2003 at 7:30 pm or as soon there after as the matter can be heard; Seconded; All in favor; Motion carried.

Steven Michalski & Thomas Ptak

Jay Myrow, Esq.: This is an application for 2 area variances for a parcel on Swag Road. 1) reduce lot from 2 acres to .92 acres; 2) lot width. The lot was purchased at time when area requirement was 40k sq/ft and submitted with application letter sent to the only neighbor we could purchase from for more land with no response. We submitted a letter from Eustice & Horowitz approving the septic on the plot plan before you.

Mr. Mattatall: When was the letter sent?

J. Myrow, Esq.: On November 19.

Mrs. Thompson: Which is which section/block/lot?

Mr. Smith: We need to know which is correct.

J. Myrow, Esq.: SEC 12.

Mr. Smith: This is not easily found – we need a way to find the property for the site visit.

J. Myrow, Esq.: I’ll provide identification.

Mrs. Thompson: Who is across the street?

J. Myrow, Esq.: I’ll send you notice of how to find it. – tell you one way or another.

Mr. Mattatall: Is there house next to this?

J. Myrow, Esq.: I don’t know.

Mrs. Thompson: The house might have a mailbox or something.

J. Myrow: I will clarify the Section 12 and get you the identification.

Mr. Smith: I Move to hold a Public Hearing on November 17 at 7:30 pm or as soon there after as the matter can be heard; Seconded; All in favor; Motion carried.

Antonio Parisi (area and use):

Mrs. Thompson: When did you buy this?

Mr. Parisi: In 1993.

Mr. Smith: Please explain the variances you are looking for.

Mr. Parisi: We want to get back to having the building to commercial as I bought it. We were told to come here. It was damaged by fire in 1993. Now we want it to be a commercial use. We got a surveyor. It is for architect/engineering consulting office.

Mr. Oster; No water/sewer?

Mr. Parisi: It has a well and septic.

Mr.Oster: The variance changed from 130 to 88.6 for C-type. I don’t think he needs one of these but the variance from 30 to 25ft for 2 side yards is needed.

Mr. Smith: I Move to hold a Public Hearing on November 17,2003 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

J&T Construction (front yard set back):

Mr. Smith: When was this purchased?

Representative: It was bought in 2001.

Mr. Smith: You want to build a front deck? It is 33.8 ft from highway line? So then the front yard is from 60ft to 33 ft. The house was built before recent changes.

Mr. Smith: I Move to hold a Public Hearing on November 17, 2003 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded.

Mattre Kelley (side and rear yard setbacks):

Mr. Smith: You are doing something with a pool?

Ms Kelley: The pool is there now.

Mrs. Thompson: Can you move it?

Mr. Smith: You have 12 feet, what are the off-sets?

Ms Kelley: It should be 20 feet. I did not know there was a problem when we bought it for an above ground pool. What happened was that the neighbors trees and leaves were there and we cleaned out bags and bags of of leaves 60 or 70 bags and this came to light.

Mr. Smith: You have 12 feet on one side?

Ms Kelley: It is not 20 so I knew I was in trouble. From the deck it is 12 feet.

Mr. Smith: 12 feet 9 inches to the lot line.

Mrs. Thompson: Is there a house on this?

Ms Kelley: Yes.

Mrs. Thompson: Map says concrete foundation?

Ms Kelley: There is a walkway.

Mr. Smith: It should be 20 feet off each line 20 to12ft and rear 20 to 12.

Mrs. Thompson: When did you buy it?

Mrs. Kelley: In 1997.

Mr. Smith: I Move to hold a Public Hearing on November 17, 2003 at 7:30 pm or as soon there after as the mater can be heard; Seconded; All in favor; Motion carried.

Ms Kelley: When will it be in the paper?

Mrs. Thompson: You can call the paper and they will send it to you.

CM & Son Trucking, Inc.

Not present for review.

Mr. Smith: This was submitted for a review of and administration determination.

Mr. Smith: I Move to withdraw the application based on no applicant present; Seconded; Al in favor; Motion carried.

VOTE: In favor (aye): 5
Opposed (nay): 0

PUBLIC HEARINGS:

Anita Taylor: Request for a variance of 249-20-D (front yard setback) 35ft to 12ft; for construction of a deck; Property located at 65 Shawangunk Road (SEC 7 BL 1 LOT 73); Designated R2.

Mrs. Thompson: The mailings were reviewed by the board and filed by the secretary. The mailings were filed by the secretary. The Public Hearing Notice was read at 9:21pm.

Mr. Smith: I Move to open the Public Hearing at 9:22 pm.

Ms Taylor: It is for a deck on the side of the house primarily to store firewood.

Mrs. Thompson : On the side?

Ms Taylor: On the left side as I look at the house. I need it get wood off the ground. Now I have to take a bundle and walk up 2 steps and this is on level with the doorway.

Mr. Oster: Further away from the front of the house and the house pre-dates zoning and see no problem.

Mr. Smith: Any questions from the Board? (no)

Mr. Smith: Any comments from the Public? (no)

Mr. Smith: I Move to close the 9:25

Mr. Smith: I Move to grant the following variance: set back 35 ft to 12ft; Seconded.

DISCUSSION: (None)

VOTE: In favor (aye): 5
Opposed (no): 0

DECISION:

Mr. Smith: Variance granted.

Luis Armijo: Request for variance of 249-8-A(5) (pool in front of primary dwelling) for construction of a deck; Property located at 36 Freezer Road; (SEC 81 BL 7 LOT 3); Designated R-2.

Mrs. Thompson: The mailings were reviewed by the board and filed by the secretary. The mailings were filed by the secretary. The Public Hearing Notice was read at 9:26 pm.

Mr. Smith: I Move to open the Public Hearing at 9:27 pm; Seconded.

Mr. Smith: Please present your application.

Anthony Leonido: He is planning to … he has a pool standing already and wants to attach a deck not built yet on the other side of the pool.

Mr. Smith: That is on the drawing?

Anthony Leonido: Yes, it is.

Mrs. Thompson: No other way to solve the problem because he is on the corner.

Mr. Oster; He has 2 front yards but way it is fenced off no problem at all.

Mr. Smith: Any questions from the Public? (no)

Mr. Smith: Any comments from the Board? (no)

Mr. Smith: Considering the design of the lot, no problem with this; not problem in the neighborhood.

Mr. Smith : I Move to close the Public Hearing at 9:29 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance to permit an accessory structure closer to the front lot line than the principal building; Seconded.

DISCUSSION:

Anthony Leonido: Do we need a permit for the deck?

Mr. Smith: Yes.

Mr. Smith: The pool is within the 20 permit feet. It is just the 2 front yards.

VOTE: In favor (aye): 5
Opposed (nay): 0

DECISION:

Mr. Smith: The variance is granted.

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