TOWN
OF WALLKILL ZONING BOARD OF APPEALS
DECISION
SHEET
SEPTEMBER 13, 2004
JRJ HOMES Request for a variance of 249-19-D-1 (lot depth) from
300ft to 182.57ft; Property located at 238 Ridge Road (SEC 32
BLOCK 1 LOT 44.221); Designated RA.
DECISION: Variance granted.
PADAYA Not present; Continued for October 18, 2004
JANET BARBERIO Request for a variance of 249-12(F): 1) off-street
parking spaces required from 23 spaces to 15 spaces; 2) front
yard set back from 35ft to 14ft;. Property located at 430 Rt
211 East (SEC 53 BL 5 LOT 2 and 3); Designated HC.
DECISION: Variance granted.
XL – LOT
#1 Request for a variance of 249-22-D (front yard and read
yard reduction):
1) front yard from 35ft after 10% allowance roof overhang -
8” variance
granted to permit front porch overhang;
2) rear yard from 30ft to 23ft for construction of a deck.
Property located on Third Street
(SEC 52 BLOCK 12 LOT 1.31);
Designated R-1.
DECISION: Front yard: Approved
Rear yard: Denied
XL – LOT
#2 Request for a variance of 249-22-D (front yard and rear
yard reduction;
1) front yard from 35ft to ft to permit front porch overhang;
2) rear yard from 30ft to 29ft 9 inches for construction of a deck.
Property located on Third Street
(SEC 52 BLOCK 12 LOT 1.32);
Designated R-1.
DECISION: Front yard: Approved
Rear yard: Approved
KAREN
GAREWALL & JAISON JOSEPH
Not present; Public Hearing scheduled for
October 18, 2004
MICHAEL & KEITH
BERLIN Request for a variance of 249-49 (D):
1) lot width from 80ft to 75ft;
2) lot depth from 100ft to 99.66ft;
3) area from 12,500 sq/ft to 7,487 sq/ft;
Property located at 9 Red Maple Lane (SEC 52 BLOCK 7 LOT 2);
Designated R-1.
DECISION: Variances denied.
MICHAEL & KEITH
BERLIN Request for a variance of 249-22-D (lot area and width);
1) width from
80ft to 75ft;
Property located at 17 Red Maple Lane
(SEC 52 BLOCK 7 LOT 3); Designated R1.
Application withdrawn.
MIDDLETOWN
HONDA Request for a sign variance 249-11 –N
(pylon sign): 10x10 pylon sign as per the drawing A-100 by Harry
A. Farr; Property located at 520 Rt 211 East (SEC 41 BLOCK 1
LOT 48); Designated HC.
DECISION: Variance granted.
FAIRWAYS WALLKILL, LLC.
MGD DEVELOPMENT GROUP, LLC Request for variances for 217 residential
condominium units on property located on Golf Links Road (SEC
73 BLOCK 1 LOTs 31.2, 33.2 and 33.3); Designated R-1.
1. 249-22(7)(i) and 249-33(8)(k):
To permit 1227 feet of wood fencing (varying in height from 8ft
to 14ft) to be located along the Rt 84 property line.
DECISION: Variance granted.
2. 249-22(7)(i) and 249-22(8)(k):
Request for an interpretation of,
INTERPRETATION: The front yard setback does not prohibit the
placement of a retaining wall for interior road.
3. 249-22 (8):
Request for set back variances for decks on single-family condominium
homes:
A) From 50ft to 40ft on units:
SF – 7, 33, 34, 35, 45, 46, 47, 48, 49, 50;
B) From 50ft to 46.5ft on units:
SF – 36;
C) From 50ft to 41.1ft on units:
SF 44;
DECISION: Variances granted.
4. 249-22(8)(k):
Request for height variance for roofs:
A) From 35ft to 39ft on units:
D – 4, 6, 8, 10;
B) From 35ft to 47ft on units:
D – 1, 2, 3, 11, 12, 13, 14, 15, 16, 17;
C) From 35ft to 39ft on units:
T – 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 17,
20, 21, 22;
D) From 35ft to 41ft on units:
SF – 1, 2, 3, 4, 5, 6, 13, 14, 15, 16, 17, 18;
E) From 35ft to 47ft on units:
T – 13, 14, 18, 19, 23, 24;
F) From 35ft to 45ft (3 story) on units:
C – 1, 2;
DECISION: Variances granted.
5. 249-22(7)(g):
Request for an interpretation of,
INTERPRETATION: That the separation between facing elevations
requirements applies only to distance between front elevations
and the variance to authorize reduction in certain townhouse
buildings.
Continued:
6. Request for a variance to authorize reduction in certain
townhouse buildings:
A) From 94ft to 79ft on units:
T – 15 and 23; T – 16 and 23; T – 18 and 21;
T – 19 and 20.
B) From 94ft to 87ft on units:
T – 1 and 14; T – 2 and 13.
DECISION: Variances granted.
7. 249-22-8(h), (i), (j) Cluster groupings determination:
INTERPRETATION: That the site plan is a comprehensive development
and does not contain cluster groupings.
