Mario A. Volpe: Request for variance of 249-22-D (side yard set back) from 5ft to 2.5 feet; Property located at 50 Brookline Avenue; (SEC 75 BL 4 LOT 9); Designated R-1.

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 9:31 pm.

Mr. Smith: I Move to open the Public Hearing at 9:32 pm.

Mr. Smith: Please present your application.

Mario A. Volpe: We are requesting a variance for property line off existing auxiliary building too close to the line and if we move the line there will not be enough area.

Mr. Smith: The block building has been there for some time?

Mrs. Thompson: Did not the Town Board reduce the side yards for sheds to 2.5 feet?

Mr. Smith: It is usually 5 feet.

Mr. Oster: What are the dimensions of the block building? Ordinarily overhangs don’t count and they are almost 1 to 1.5 feet and if go through will you break up concrete over the line?

Mario A. Volpe: There is a pre-existing walk way wraps to front of building. Over time it is deteriorated and not big deal.

Mr. Smith: You are sub dividing ?

Mario A. Volpe: Yes. It is one lot now.

Mr. Smith: You are here for a sub division. It is not going to hold us back but you will encounter it in the future.

Mario A. Volpe: We divide in some time.

Mr. Smith: When you previously spoke on this – you can’t move proposed lot line?

Mario A. Volpe: It can be moved but still not enough area.

Mr. Oster: Either way you need variances. Was the corner on lot some time and added addition?

Mario A. Volpe: At one time there was a house on each lot.

Mr. Oster: Was it a house at one time?

Mr. Smith: Any questions from the Public?

Public (2011 William Kirby Drive): It was a pool shed for storage and always been there since it was built.

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

Mr. Smith: I Move to close the Public Hearing at 9:37 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance: 5 feet to 2.5 feet to permit the existing block building; Seconded.

DISCUSSION: (None)

VOTE: In favor (aye): 4
Opposed (nay): 1

Michael and Annette Gregan: Request for a variance of 249-8-A(1) (side yard setback) for construction of accessory building (2 car garage); Property located at 26 Mabel Road (SEC 84 BL 5 LOT 2); Designated R-2.

Mrs. Thompson: The mailings were reviewed by the board and filed by the Secretary. The Public Hearing Notice was read at 9:39 pm.

Mr. Smith: I Move to open the Public Hearing at 9:40 pm,

Mr. Smith: Please present your application.

Ms Gregan: (presented drawings to the neighbors of the plot and what it would look like).

Mrs. Thompson: Do you own 21 Maple Road.

Ms Gregan: Yes.

Mrs. Thompson: I went to the assessors to find it.

Mr. Oster: It was re-numberd. It is 21.

Mrs. Thompson: 25 is next to it.

Mr. Smith: Since 911 was implemented, you need to up-date your number and be light reflective.

Mrs. Thompson: Why need another garage?

Ms Gregan: My mother moved in with us and our son is with us and it is so they can go down stairs.

Mrs. Thompson: How many?

Mr. Gregan: There is 5. My mother is too old to live alone since September 1st.

Mr. Oster: Why so big?

Mr. Gregan: To accommodate everything.

Mrs. Thompson: How many garages bedrooms do you have?

Mr. Gregan: We have 3 bedrooms.

Ms. Gregan: Currently one son is on couch as mother is in his room. The downstairs is for mother and another son who move back in with us. We lost garage space basically.

Mr. Oster: There are pools back here and difficult to get around there?

Mrs. Gregan: Yes.

Mrs. Thompson: Can you build in back?

Mr. Gregan: It is too expensive.

Mr. Oster: 24 feet is narrow ?

Ms. Gregan: Yes, we have checked with opening the doors. The doors open fully for them.

Mr. Oster: Do we have letters she talked about.

Ms. Gregan: The man was here and he had to leave.

Ms. Gregan: The variance is good for how long?

Mr. Smith: 6 months.

Mr. Gregan: The builder has stopped.

Mr. Smith: I don’t like to give variance down to 12 inches and can’t maintain side to the building. In this case it is a very unique situation, and I understand it is least path to go in order to meet your needs and considering neighbors have provided letters and have no objection, I think I can go ahead. We don’t like to see something so close to the building line. I hope this is the end of your request.

Mrs. Thompson: This area was designed for open space not buildings like this. And that is why I am not for this. Maybe work outside in back like move pool.

Ms. Gregan: Neighbors don’t want their back yard obstructed by the garage. And that is why we moved up there. Where we are putting there is not blocking the back.

Mr. Smith: If your neighbors were here it would be different.

Mr. Smith: Any comments from the Board?

Mr. Oster: In this particular situation it gives them space back in the house and storage.

Mr. Smith: The neighbors could be here complaining.

Mr. Oster: The cars in front would be in side.

Mrs. Thompson: How many cars?

Mr. Gregan: Five (5).

Mr. Smith: You should be able to get about 3 in there.

Mr. Smith: I Move to close the Public Hearing at 9:50 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant side yard 5 ft to 12 inches to permit a 2 car garage to accommodate 2 handicap drivers; Seconded.

DISCUSSION: (None)

VOTE: In favor (aye): 4
Opposed (nay): 1

CORRESPONDENCE:

Debbie Bean Beamesdor for extension to variance granted on 10/21/02 to permit a 5 ft horse fence , arena, horse barn, on Shaw Road. The fence has been installed and C of O received. The plan/details for the indoor arena and horse barn plans pending. The Motion was made to grant a 6 month through 4/04; Seconded; All in favor; Motion carried.

MEETING CLOSE:

There being no further items to be presented to the Board; the Motion was made to close the meeting at 9:51pm; Seconded; All in favor; Motion carried.

JCD:tbm

TOWN OF WALLKILL ZONING BOARD OF APPEAL
DECISION SHEET

October 20, 2003

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.

DECISION: Variance granted.

Luis Armijo: Request for variance of 249-8-A(5) (pool in front of primary dwelling) to permit an accessory structure closer to the front lot line than the principal building for construction of a deck; Property located at 36 Freezer Road; (SEC 81 BL 7 LOT 3); Designated R-2.

DECISION: Variance granted.

Mario A. Volpe: Request for variance of 249-22-D (side yard set back) from 5 feet to 2.5 feet to permit existence of block building; Property located at 50 Brookline Avenue; (SEC 75 BL 4 LOT 9); Designated R-1.

DECISION: Variance granted.

Michael &
Annette Gregan: Request for a variance of 249-8-A(1) (side yard setback) from 5 feet to 12 inches for construction of a 2 car garage to accommodate 2 handicap drivers; Property located at 26 Mabel Road (SEC 84 BL 5 LOT 2); Designated R-2.

DECISION: Variance granted

MGD Development Group (Clubside Investors, LLC):
Request for the following variances and interpretations for a gated condominiums containing 217 residential units; Property located on Golf Links Road Rt 50
(SECTION 73 BLOCK 1 LOT 31.2, 33.2, 33.3); Designated R-1.

Wood fencing along Rt 84 249-22(7) i ; 249-22(8) k: to permit wood fence along Rt 84 property line, 1227 feet long varying in height from 8 feet to 14ft;

DECISION: Variance granted.

Decision Sheet (Cont’d.)

Retaining wall for road 249-22(7) (i); 249-22(8)(k): Interpretation that front yard setback does not prohibit placement of retaining wall for interior road.

DECISION: Interpretation that it does not prohibit.
Decks for single family condominium homes (249-22(8): variance for the following:

Unit: SF7, SF 33, SF 34, SF 35, SF 45, SF 46, SF 47, SF 48, SF 49, SF 50 from 50ft to 40ft; and,
Unit: SF 36 from 50ft to 46.5ft; and,
Unit: SF 44 from 50ft to 41.1ft:

DECISION: Variances grated.

Request for a height variance (249-22(8)(k) for roofs: D4, D6, D8, D10 from 35 ft to 39ft; and,
D1, D2, D3, D11, D12, D13, D14, D15, D16, D17 from 35 ft to 47ft; and,
T1, T2, T3, T4, T5, T6, T7, T8, T9, T10, T11, T12,T 15, T16, T17, T20, T21, T22 from 35 ft to 39ft; and,
T13, T14, T18, T19, T23, T24 from 35ft to 47ft; and,
C1, C2 from 35ft to 45ft (3 story).

DECISION: Variances granted.

Interpretation of 249-22(7)(g) that the separation between facing elevations requirements applies only to distance between front elevations and variance to authorize reduction in certain townhouse buildings

DECISION: Interpretation is correct.

Determination regarding cluster groupings (249-22-8(h) that the site plan is comprehensive development and does not contain cluster groupings.

DECISION: Site does not contain cluster groupings.

6 MONTH EXTENSIONS:

Debra Bean Beamesdorfor: Variance on 10/21/02 to permit a 5 ft horse fence , arena, horse barn, on Shaw Road.

EXTENSION APPROVED: To April 2004.