TOWN OF WALLKILL ZONING BOARD OF APPEAL

REORGANIZATION MEETING

JANUARY 13, 2003

The January 13, 2003 Meeting of the Zoning Board of Appeals opened with the pledge to the flag and introduction of the Zoning Board of Appeal Members.

Members: John J. Cieslewitz
James A. Mattatall
William Morgan
Ellis Oster
James Owen
Oral W. Smith, Chair
Priscilla H. Thompson

Attorney: Joseph A. Owen, Esq.

The following nominations were made for the Zoning Board of Appeal offices:

Vice Chair Motion for as Ellis Oster as Vice Chair; Seconded; All in favor Motion carried.

Secretary Motion for Priscilla H. Thompson, Seconded; All in favor; Motion carried.

Meeting 2003: The second Monday of the month at 7:30 pm or as soon there after as the matter can be heard with following exception: October and November.

TOWN OF WALLKILL ZONING BOARD OF APPEALS

JANUARY 13, 2003

PRESENT:

James Mattatall
William Morgan
Ellis Oster
Oral Smith, Presiding
Priscilla Thompson, Secretary

Joseph A. Owen, Esq.

EXCUSED:

John Cieslewitz, Jr.
James Owen

MEETING OPENING:

The December meeting of the Town of Wallkill Zoning Board of Appeals opened with the pledge to the flag followed by the roll call and presentation of the December 9, 2002 Meeting Minutes.

The following corrections were noted:

Page 7 Review for Mr. Parisi for February not January.

The Motion was made to accept the Minutes as noted; Seconded; All in favor; Motion carried.

The following applications were reviewed and Public Hearings conducted and voted upon as noted.

HEARING REVIEWS: (February 10, 2003)

MR. PARISI

Mr. Parisi: What do I need to do to get this back to what it was before?

J. Owen, Esq.: Go through ZBA and through the Planning Board as well.

Mr. Smith: Did you do anything? Buy the strip in back?

Mr. Parisi: The person in the back is not interested in selling anything.

Mr. Smith: You will need a lot size variance along with everything else.

Mr. Parisi: Where do I go first? The ZBA?

Mr. Morgan: You are here.

Mr. Smith: He is on continuation of another application. There is a question on the number of variances you need and if you need a change of use.

You should submit a new application. A ‘change of use’ is a more difficult variance and is looked at more closely. You will have to submit a new application and go over it thoroughly and list all the variances you need, i.e. set backs, use, size, etc.

Mrs. Thompson: There were 2 uses on thise before, no?

Mr. Parisi: Yes a house and a business - a parts store and restaurant.

J. Owen, Esq.: That use expired years ago. There is no such use there now.

Mr. Smith: You will need a change in use and review this with some legal advice. It is a more difficult variance to request. The former application will be done.

SCOTT GIBSON

Mr. Smith: What you are requesting?

Mr. Gibson: We built a shed and it is not far enough away from the neighbors’s property.

Mr. Smith: Can you pull it over?

Mrs. Gibson: We built it and it’s a foot within 5 feet. It would be difficult to move and might fall apart.

Mr. Smith: Did you present another map?

Mrs. Gibson: We gave you a survey map.

Mr. Morgan: What is the distance between house and shed?

Mrs. Gibson: 8 feet.

Mr. Morgan: Did the Building Inspector come out?

Mrs. Gibson: No, I was told to do this. We are selling it.

Mr. Morgan: You may have problem between house and shed which is a minimum distance. That covers fire code more than zoning.

Mr. Oster: 10 feet from principal building - an accessory building.

Mr. Morgan: I don’t think we can give variance for that. If it is a fire code we have not jurisdiction. The shed will be more of a problems. Measure from house to shed.

J. Owen, Esq.: They are only here for a lot line distance; the other issue is something that will be a concern for purchaser or the bank - but not your concern here.

Mr. Smith: The general regulations - something we can act on.

J. Owen, Esq.: If it’s a fire code issue its something we can’t address.

Mr. Smith: Please resubmit the survey and show the distance between the shed and the side line; show distance and measure from house to the shed; you need 10 feet if don’t have it you need 2nd variance of 249-8(a) and we can add that before its published in the paper. Get word to the Secretary, P. Thompson, if its less than 10 feet.

Mr. Smith: I Move to hold a Public Hearing on February 10, 2003 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

Mr. Smith: Its necessary to notify everyone within 300 feet of your property of the application. You can obtain a list of the names from the Tax Office. The notice will be in the THR within the week. Take that and copy it and mail it to everyone on the list at least 10 days prior to your hearing date by certified or registered mail. Bring you proof of mailing with you to open your Public Hearing on the 10th.

MIKE LaBAGH, GC.

Mike LaBagh: We want a machinery shed behind it.

Mr. Smith: Any questions on this?

Mr. Oster: The only problem is that it’s a pretty good sized shed.

Mike LaBagh: He is looking to keep everything under one roof, antique cars, tractor.

Mr. Smith: This is not unusual - we have more toys.

Mrs. Thompson: You are calling it a machinery shed?

Mr. LaBagh: It’s the style of the house, its all wood siding and the shed is all vertical.

Gary Moore: It will not be used as a garage. I want a bigger building to keep them (stuff) out of the weather.

Mrs. Thompson: How long have you owned this?

Gary Moore: Since 1985.

Mr. LaBagh: His family owned the surrounding property and subdivided it and now I own 28 acres there and encompasses the old farmhouse. Its on a separate.

Mrs. Thompson: The #16 is on the mail box so we can find it?

Mr. LaBagh: Yes.

Mr. Smith: They are building homes across from this?

Mr. LaBagh: You are on next road over; Dozen is off Vanburenville and where his house sits, the new building is out of site except for this time of year.

Mr. Smith: I Move to hold a Public Hearing on February 10, 2003 at 7:30 pm 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 your property of the application. The notice will be in the THR within the week. Take that notice and copy it and mail it to everyone on the list you can obtain the Tax Office. They must be mailed at least 10 days prior to your hearing date by certified or registered mail. Bring you proof of mailings with you to open your Public Hearing on the 10th.

PUBLIC HEARINGS: January 13, 2003

DONALD DODD: Request for a variance of 249-3 (accessory building) for an accessory building from 28ft x 25ft to 28ft x 40ft; Property located at 19 Bowser Road; (SEC 21 BLOCK 1 LOT 54); Designated RA.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The public Hearing Notice was read at 8:06 pm.

Mr. Smith: I Move to open the Public hearing at 8:07 pm.; Please present your request.

Mr. Dodd: I want a 3 car garage instead of 2 car garage.

Mr. Smith: Similar to others we have seen.

Mr. Oster: What about where the sheds are now?

Mr. Dodd: Yes, the sheds will go.

Mr. Oster: The wooden fence will stay?

Mr. Dodd: Yes.

Mrs. Thompson: What do you keep under there?

Mr. Dodd: Storage, snow mobile.

Mrs. Thompson: As long as its not business?

Mr. Dodd: No, have separate building.

Mr. Morgan: You show easement drive if you separate for access, how far will the garage be off the property line?

Mr. Dodd: 35 feet; his driveway is about 2 feet from our property line.

Mr. Morgan: The drawing looks like you are getting close.

Mr. Dodd: 25 or 35 feet.

Mr. Mattatall: You have 32 feet on the drawing. How far other corner from O&R easement?

Mr. Dodd: The easement is 25 feet. My property is 25 easement and neighbor has 25 feet. I measured 69 feet from the power line.

Mr. Smith: It looks like its 50 feet on your property. You are not in easement area, though?

Mr. Dodd: No.

Mrs. Thompson: O&R is not here.

Mr. Smith: Only property owners; they are an easement.

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

Mr. Dodd: I don’t’ want to have clutter and want to make it nice like the house.

Mr. Smith: I Move to close the Public Hearing at 8:12 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant an accessory building variance from 28ft x 25ft to 28ft x 40ft for storage of personal items; Seconded.

DISCUSSION:

Mr. Morgan: It will keep it neat.

Mr. Oster: We have a lot of large garages coming in.

Mr. Smith: We have a lot of these its pretty standard for a variance. This poses no problem I can see to the neighbors or burdening your property.

VOTE:

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

DECISION:

Mr. Smith: The variance is granted, please see the building department.

FRANK L. GIZA: Request for a variance of 249-8 (accessory in front of primary building / residence) for an accessory building (2 car garage); Property located at 263 Reservoir Road; Designated RA.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing notice was read at 8:14 pm.

Mr. Smith: I Move to open the Public Hearing at 8:15 pm.

Ms Gersbeck: The variance is because the zoning places the 2 car garage we want to build technically in front but as you can see, in fact it is a natural parking area we used for 10 years. We always envisioned to put a garage there and it seems we need variance. Technically part of it in front of the house. Natural area we parked up to 4 cars all the time. The cape looks small from outside.

Mr. Giza: There are woods in and around it.

Ms Gersbeck: It escalates in the back. And the ridge is quite steep behind us.

Mr. Oster: It is in front, you have great set back an natural place to put it and almost double it from your boarder you have 9 feet and see no problem.

Mr. Smith: Looking now, I would like to see how far in front of the house; I don’t see that here.

Mr. Morgan: From the house how far?

Ms Gersbeck: Close to back side of garage - a couple of feet from front line of the house - 4 feet.

Mr. Oster: 24 feet in front of the house.

Mr. Smith: 24 feet toward the street.

Mr. Morgan: Approximately 28 feet.

Mr. Smith: Its not that much, though, as its drawn.

Mr. Oster: Give them 25 feet and gives them room. Not more than 25 feet in front of the house.

Ms Gersbeck: That is fine.

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 8:19 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance of 249-8 (accessory in front of primary building / residence) for an accessory building (2 car garage); subject to the following: Accessory building to be not more than 25 feet in front of primary building.

Next Page