TOWN OF WALLKILL ZONING BOARD OF APPEAL
MEETING MINUTES
-
MARCH 10, 2003

PRESENT:

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

Joseph A. Owen, Esq.

ABSENT:

John Cieslewitz

The Monthly Meeting of the Town of Wallkill Zoning Board of Appeals opened at 7:38 pm with the pledge to the flag followed by the roll call and presentation of the January 13, 2003 Minutes. Due to inclement weather, the February meeting was cancelled and all business forwarded to the March meeting.

O. Smith made the Motion was made to accept the minutes as written; Seconded; All in favor; Motion carried.

.The following Public Hearings, reviews for April 14 were heard, voted upon as noted and scheduled for the next meeting.

PUBLIC HEARINGS:

MIKE LaBAGH (General Contractor): Request for variance of 249-3 (accessory building) from 24x24ft to 24x36ft;
Property located at 16 Dosen Road: SEC 22 BL 1 LOT 40.1; Designated R-2.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Notice was read at 7:41 pm.

Mr. Smith: I Move to open the Public Hearing at 7:42 pm.

Mr. Smith: Please present your application.

Mike LaBagh: It was self explanatory. It is behind a buggy barn and it will fit the theme of rest of property and its all colonial style cape cod and the barn will be titled a machinery shed for antique cars of Gary. One was there when you did your visit. The building behind other buildings so it will not be visible to others or obstructions.

Mr. Owen: Just oversized building.

Mr. Oster: It is minimum relief and not nudging the borders or neighbors at all.

Mr. LaBagh: It might infringe in my kids hunting buts that all.

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

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

Mr. Smith: I see no problem with this. It is minimal affect on the neighborhood.

Mr. Smith: I Move to close the public hearing at 7:43 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance: accessory building from 24x24sq/ft to 24 x 36ft; Seconded.

DISCUSSION:

None.

VOTE:

In favor (aye): 6
Opposed (nay): 0

DECISION:

Mr. Smith: The variance is approved and is valid for six (6) months. See the Building Department.

SCOTT GIBSON: Request for a variance of 249-8 (side yard set back) for shed on property; Property located at 49 Edinburgh Road SEC 42 BL 7 LOT 8; Designated R-2.

Mr. Smith: The applicant is not present.

HEARING REVIEWS (April 14, 2003)

THOMAS G. HINDLEY, JR: Accessory building.

Mr. Hindley: Have old cars and need place to put them. There is actually a wood line so it is set back and will not see it from the road – the face of it.

Mr. Smith: You have 4 sheds there?

Mr. Hindley: Yes, they are empty and want to do away with them. They are of no use to me at about 10x10 feet. They were when we bought them.

Mrs. Thompson: How long have you collected antique cars?

Mr. Hindley: About 15 years and have had a couple of corvettes.

Mr. Owen: Single story?

Mr. Hindley: Yes. Single with attic trusses up stairs.

Mr. Owen: What about side yard: 2 side yards 100 feet and one side 40 ft in RA.

Mrs. Thompson: It may have to be turned the other way around to meet this. Can you do that?

Mr. Hindley: Yes.

Mrs. Thompson: We have just had changes.

Mr. Owen: 249-69 is the page on the bottom.

Mr. Mattatall: It is now 80 feet both sides to 100 feet.

Mr. Hindley: It is an accessory building.

Mr. Smith: Any further questions? (no)

Mr. Smith: I Move to hold a Public Hearing for an accessory building on April 14, 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 with 300 feet of your property. The notice of your public hearing will be in the THR within the week. Take that and copy it to everyone on the list you obtain from the Tax Office. They must be mailed by certified or registered mail at least 10 days prior to your hearing date. Bring your proof of mailing to the hearing to open the hearing.

WILLIAM P. SRIGLEY: Accessory building.

Mr. Srigley: We are seeking a garage.

Mr. Smith: A garage that is 24 x 38ft.

Mr. Srigley: It is actually 36 feet; I spoke to my dad.

Mr. Smith: This is R-1.

Mr. Srigley: It is 5 feet. It is one story and plenty of property with a half-acre. It will look tidy and doesn’t have a basement.

Mr. Oster: My interpretation may be different from 28x28 ft and you are having a 36 ft building close to the neighbor’s property.

Mr. Srigley: It’s the Town’s property.

Mr. Oster; I would like to see what you do with your property before the neighbors. If you have the 24 foot side against neighbors - but you have the 36 foot side there. Again feel free to come in as you want to.

Mr. Srigley: I would like to keep it as close to line as possible.

Mr. Smith: What about the driveway. Are you going to come in the front?

Mr. Srigley: The dimensions will remain same and access on side facing the house.

Mr. Smith: You will have gravel.

Mr. Srigley: It will be black top.

Mrs. Thompson: How far from house?

Mr. Srigley: At least 20 feet.

Mr. Smith: Any other comments? (no)

Mr. Smith: I Move to hold a Public Hearing on April 14, 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 your neighbors of the public hearing. Later this week the notice will appear in the Times Herald Record in the Public Notice Section. You can take that notice and copy it to all your neighbors within 300 feet of your property. You can get the list from the Tax Office here at Town Hall. The notice must be mailed by certified or registered mail at least 10 days prior to your hearing date and bring proof of mailing with you to open your hearing.

CHARLOTTE T. VERDI: Lot size; front yard set back.

Mr. Smith: You want to sell the property and are seeking variance for road frontage and width?

Ms Verdi: Yes.

Mrs. Thompson: Anything there now?

Ms Caruso: No.

Mr. Smith: Do you own adjoining property?

Ms Verdi: No.

Mr. Smith: Have you spoken to neighbors about acquiring some land? On the south side? Looking at it on the LEFT. They have almost 13 acres there. Have you entertained trying to make it large enough to comply.

Mrs. Thompson: Or, them purchase yours. We need to know the soil types.

Ms Caruso: This house is on other side of it – I don’t know if that makes a difference.

Mr. Smith: How did you acquire it?

Ms Caruso: Inherited it.

Ms Verdi: It was family with plans for us to build on it.

Mr. Oster: You have neighbors and only vacant lot.

Ms Caruso: Yes.

Mrs. Thompson: Are neighbors names on lot?:

Ms Verdi: Stone house on Mt Hope Road side. He use to have horses but don’t know if he is there.

Mr. Owen: How tell where starts and ends?

Ms Caruso: There is a stone wall? Other side there are houses.

Mr. Mattatall: Is that a single story? Not large house.

Ms Verdi: The wall goes down to the reservoir is the same stones as the house.

Mr. Smith: Not interested in the neighbors for some more land?

Mrs. Thompson: If there is a problem your proposed buyer may approach them –for a strip of land.

Ms Verdi: He calls me all the time and has interest and can mention it.

Mrs. Thompson: You can let him know there might be a problem and we don’t see you until April. If you ca persuade him…

Ms Verdi: He seems content with the size of the land or if he will go through with the ting.

Ms Caruso: I can’t afford to buy any more land to sell it so I don’t have financial to buy more to sell it. That is reason to sell it now. We have been paying property.

Mr. Smith: It was part of land on the right and broken off at some time. On right as you look at it. It was Carmel on map you gave us. Going from 200 to 125 is quite a variance.

Mr. Owen: They are all narrow though there.

Ms Caruso: Houses there before we bought the property.

Mr. Smith: They are wider than this, though.

Mr. Smith: I Move to hold a Public Hearing on April 14, 2003 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

Mr. Smith: You will need to notify everyone within 300 feet of your property of the hearing. The notice will be in the Times Herald Record’s Legal Section later this week. Take that and copy it to the names of the list you can get from the Tax Office here at Town Hall. It must be mailed at least 10 days prior by certified or registered mail. Bring proof of mailings with you to open your hearing.

Ms Verdi: You mentioned about post master stamping something?

Mrs. Thompson: You can do return receipt or certificate of mailing from the post office.

SCHOONMAKER BUILDERS: Side yard and front yard set backs.

Mr. Smith: Lands estate of Stack. Which estate is it?

Steve Hagar: Robert Stack estate.

Mr. Smith: Some requirements have changed.

Mr. Owen: Its R-1.

Mrs. Thompson: Will it be on Ridgewood Avenue?

Steve Hagar: Drive on the right front of the house if you look at it.

Mr. Owen: 249-88: one side 15 and other side 30ft.

Mr. Smith: This is under “A”. The new requirements are on this.

Mr. Owen: Which is front?

Mr. Hagar: Ridgewood.

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