Mattre Kelley: Request for a variance of 249-8A(1) for side and rear yard setbacks for pool an deck); Property located at 253 Pine Grove Road (SEC 80 BL 3 LOT 14); Designated R2.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the secretary. The Public Hearing Notice was read at 9:06 pm.

Mr. Smith: I Move to open the Public Hearing at 9:07 pm.

Mr. Smith: Please present you application.

Mrs. Kelley: I was to be 20 feet from the next door and asking for variance in the difference distance which is 12 feet instead of 20.

Mr. Smith: We were told 12 feet on the application.

Mrs. Kelley: It is an above ground with a deck.

Mr. Oster; I went by 3 times you have an opaque fence all around so could not see pool and looked over fence – I don’t think it is 12 feet from the line and deck looks to be on the line.

Mrs. Kelley: The deck is in the corner of the pool.

Mr. Oster: The deck is on the fence?

Mrs. Kelley: Yes.

Mr. Oster; You are right on the neighbors with your deck. To me it does not look like 12 feet and deck is part of pool complex and should be 20 feet.

Mrs. Kelley: Deck built after the pool.

Mr. Oster: The deck is accessibility to the pool.

Mrs. Kelley: The pool does not get a lot of use. Its for safety and expensive of digging up the fence and interested in cosmetics of the house. As evidenced by the trees and leaves from the neighbors – its not getting a lot of activity and cuts down neighbor trees and branches causing problem are not ours. When we bought it was for the kids. They have their own home.

Mrs. Thompson: I abstain as I could not see over the fence.

Mrs. Kelley: No one lives there. I had no idea you were coming. We can’t be where… As you see from the ad, I gave the Lodi address I am not there.

Mrs. Thompson: I assumed there would be someone there.

Mrs. Kelley: in the situation where I made you aware I am not there and no family in the area to be there – I am willing to be…you understand.

Mrs. Thompson: I could not see pool which is causing a problem.

Mr. Smith: Any questions from the Public?

William Conkling: 101 Edinburgh Road: for 3 years complain about the pool – black water and deck is little close to the line if something happens to the pool it will take the pool and my basement out. My 2 kids and they talk about west Nile.

Mr. Smith: It was not used in 2 to 3 years.

Mr. Conkling: Yes.

Mr. Smith: Is the pool 12 feet off the line?

Mr. Mattatall: You own chain link?

Mr. Conkling: Yes. We have Erlich spray quarterly and horse flies and they said it is breeding ground for them.

Christine Conkling: issue is with the pool and its not used and see horse flies he hilled with whiffle bat and main issue of it. We can’t enjoy our pool because flies dive bomb us. Should have been taken care of before this.

Mr. Oster: For your well being , pool at 20 feet would it be a different?

Mrs. Conkling: I don’t why it would not be an issue, still helping the situation. It is helping the water itself and its definitely – not see how the pool is in code. I have been trying to come to the town with flies to the code enforcement officer and told resident was notified.

Mr. Conkling: if it breaks it will take out our pool and our basement.

Virginia Lynch, 10 Bonnie Bra Drive: I have a concern about pool condition and west Nile and in terms of set back and because of topo I have clearest view from kitchen, deck and sun porch and because of the fence it does not cause a problem for me. That is not a problem for me but maintenance of the pool is a concern with misquotes breaking through.

Ted Hayes, 12 Bonnie Brae Drive: Adjacent to this, again issue maintenance of pool and the way pool shoved into the lot and the height it looks into our back yard if put over 20 feet it would not be such an issue with; when people use the deck it will be in our back yard.

Mr. Kelley: This must be a new person because I have had it 8 years.

Alanzo Hann, 6 Bonnie Brae: if deck is that close to the property line and it is a safety issue, if they fall between deck and fence who would get them out o f there?

Mrs. Kelley: I am responsible for my grandchildren.

Mr. Hann: If someone falls off and is seriously hurt.

Marilyn Guetto, 97 Edinburgh – left of Conkling – pool is too close to edge of property and there is a hill and if pool liner breakers will flow and our basement based on the topo and with west Nile virus we spent 5k to get rid from the tires – this is one big mess up there and form what I understand it is covered with not appropriate cover so the water would not stay on top of the cover and we are concerned about west Nile an dif pool liner breaks which they do and when I had my pool it had to be certified and doubt it is approved.

Eric Valentine: Councilman 2nd Ward: couple of things – the deck is in violation and not sure she has permit because it is so close .I have one question where did she get 12 feet reduction and from eyesight it is less than 12 feet.

Mrs. Kelley: I allowed you to come on my property…

Mr. Valentine: Pool has gone beyond 3 years of lax of care and addressed in a format that it needs to be taken care of and neighbors are concerned and causing their quality of life to be affected. In Scotchtown it may be an issue if it was taken care of but we are talking about this place and this is a pool it is not so it is a concern.

Mrs. Thompson: Is it filtered?

Mrs. Kelley: The man Vandermark inspected it and cost 1000 to get it into code and list and notice form tree people that deck had tree has leaves into the pool. Marlin Pool.

12 Bonnie Brae: It was the pool that started the issue and trees on the property that affect his. Lot of stuff falls down in this and not cleaned and maintained. If they don’t take care of the deck, and don’t take it could they put a new one up same place?

Mr. Smith: They would have to meet code.

Mrs. Kelley: there was 90 bags of leaves that came out of it. They said no activity and leaves from the back and for 3500 dollars and branches affect my property. This is problem.

Mr. Valentine: At point I saw property – weather was warmer and the leaves not falling at the time. And issue was the water and lack of care to the pool and neighbors expressed concern about the fence location. The property is well maintained except the pool.

Mr. Smith: No further questions from the public?

Mrs. Thompson: Nothing here tells me about the filter.

Mrs. Kelley: I keep it cover and leaves got inside. I do what ever the pool people tell me to do. And why I need to comply and will come more regularly during the summer. Have leaf blower to blow leaves of the top.

Mrs. Thompson: Do you understand the filter?

Mrs. Kelley: It is not that kind of a pool.

Mr. Smith: You can continue until December when there may be more members. You need 4 or unanimous.

Mrs. Kelley: I am of ever other weekend, I can meet her then.

Mr. Smith: I Move to continued to December 8, 2003; seconded; All in favor; Motion carried..

Mr. Oster: It would be better to call 973 number and see it and may have more board participation.

Mrs. Thompson: If you don’t use it why not get rid of it.

Mrs. Kelley: The house looks good and don’t want to dig up the fence, knock down the pool and grass ruined and that is an issue.

J&T : Request for a variance of 249-19-D (front yard reduction from 60ft to 33.8ft); Property located at 736 Scotchtown Collabar Road (SEC 20 BL 1 LOT 3); Designated RA.

Mrs. Thompson: The mailings were reviewed by the board and filed by the Secretary. The Public Hearing Notice was read at 9:29 pm.

Mr. Smith: I Move to open the Public Hearing at 9:30 pm.

Mr. Smith: Please present your application.

Mr. Miller: I have photos when I first bought it and how unsafe it was and what I put in its place. I own house and business.

Mr. Smith: Any comments from the Board?

Mr. Oster; In driving out there, they are replacing what was there and it is shorter.

Mr.Smith: The variance is not substantial and no impact to the neighborhood.

Mr. Miller: Ed Steenrod said I had to come to the ZBA because of new setbacks and did not understand.

Mr. Smith: If you took it out, they want you to come back.

Mrs. Thompson: It is done?

Mr. Miller: No. cleared the land and put in new windows and roof and siding and waiting to finish the front if given approval.

Mrs. Thompson: Permit for everything else?

Mr. Miller: Yes. The weird thing is when took off siding and Don said needed to do permit, windows, etc. got that and Ed stopped said I don’t need the permit and continued and mis communication, if you see in the photos the mudd room – room to the right that room is existing mudd room roof leaking and reframed it and got stop order. It has been nightmare with permits. Pending is mudd room permit. Wanted to clarify them.

Mr. Smith: You are doing a lot of work on the property.

Mr. Mattatall: It’s a great improvement .

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

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

Mr. Smith: I Move to close the Public Hearing at 9:34 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variances: Request for a variance of 249-19-D (front yard reduction from 60ft to 33.8ft); Secoded.

DISCUSSION (None):

VOTE: In favor (aye): 4
Opposed (no): 0

DECISION:

Mr. Smith: The variance is granted; please see the building inspector.

9:36 pm

CORRESPONDENCE:

None at this time.

MEETING CLOSE:

There being no further items to be presented to the Board; the Motion was made to close the meeting at 9:43 pm.; Seconded; All in favor; Motion carried.

JCD:tbm

TOWN OF WALLKILL ZONING BOARD OF APPEALS
DECISION SHEET

November 18, 2003

Ramapo Catskill Library: Request for a variance of 249-26-D (side yard) from 20ft to 7.5ft; Property located at 619 Rt 17 M (SEC 36 BL 2 LOT 59); Designated HC.

CONTINUED for December 8, 2003

Antonio Parisi Request for a variance of 249-26-D (lot width from 100ft to 25ft; 2 side yards from 30ft to 25 ft; area from 20,000 sq/ft to 18,806 sq/ft; front yard set back from 35ft to 25ft); Property located at 71 Rock Cut Road (SEC 4 BL 4 LOT 4); Designated HC.

DECISION: Variances granted

Steven Michalski & Thomas Ptak Request for a variance of 249-19-D (lot size): from 2 acres to .92 acres); Property located on Shawangunk Road (SEC 3 BL 1 LOT 19.1); Designated RA.

CONTINUED for December 8, 2003

Ralph Pepe Request for a variance of 249-26-D (side yard from 20 ft to 35 inches; and 35ft to 31ft; Property located at 253 Pine Grove Road (SEC 38 BL 7 L 6); Designated HC.

DECISION: Variances granted

Mattre Kelley Request for a variance of 249-8A(1) for side and rear yard setbacks for pool and deck); Property located at 253 Pine Grove Road (SEC 80 BL 3 LOT 14); Designated R2.

CONTINUED for December 8, 2003

J & T Request for a variance of 249-19-D (front yard reduction from 60ft to 33.8ft); Property located at 736 Scotchtown Collabar Road (SEC 20 BL 1 LOT 3); Designated RA.

DECISION: Variance granted