TOWN OF WALLKILL ZONING BOARD OF APPEAL
MEETING MINUTES
-
APRIL 14, 2003

PRESENT:

W. Morgan
E. Oster
James Owen
O. Smith, Chairperson
P. Thompson

Joseph A. Owen, Esq.

ABSENT:

J.Cieslewitz
J. Mattatall

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 March 10, 2003 Minutes.

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

The following reviews for May 12, 2003 and Public Hearings were scheduled, heard, voted upon as noted.

HEARING REVIEWS: May 12, 2003

Joshua Silkman - Not present

Warwick Savings:

R. Krahulik, Esq. & Dominic P. Mazza, VP, Warwick Savings

R. Krahulik, Esq.: This is for the existing Warwick savings branch and wish to sub divide it into two (2) parcels exceeding 2 acres each to be in conformance with existing requirements. The difficulty is the existing parking lot which gives us a tough decision – lot width smaller or narrower than required or conforming lot with a need for variance of a side yard setback. Entrance way straddle property line creating boulevard coming in/out of the two parcels. You will note property bisects the boulevard mid point.

Mr. Oster: The middle will be divide line.

Mrs. Thompson: There is always the agreement of who is to take care of it.

R. Krahulik, Esq.: 50 year agreement that the lot can be used by the other. One issue not addressed is who will use the spaces on Lot #2. We don’t have a buyer for lot #2 nor a proposed buyer and don’t know what would be built there so don’t know what parking requirements would be. If Lot #2 needed substantial parking it could be used by #1 or #2. Guidance of Planning Board (PB) to give the ultimate decision. We can commit to you today if you felt it is important. Resulting number of lots on E1 would be in the zoning requirements.

Mr. Oster; This is proposed building? (looking at drawing)

R. Krahulik, Esq.: The side and front requirements and building is within that.

Mr. Oster: You could turn the black top to grass and give you border and give you parking, correct?

R. Krahulik, Esq.: Forfeit substantial parking for Lot #1. We don’t want to forfeit lot for #1 if needed in the future. Don’t know the tenant in the future or who would be on the property of lot of #2. It may need to utilize that side yard side to provide parking on Lot #2. We feel the boulevard effect is in the spirit of zoning ordinance for traffic and to comply with the zoning ordinance, we would eliminate boulevard concept.

Mr. Oster; This is the review and we will have to go look at it and I’m not crazy about the line down middle of parking lot.

R.Krahulik, Esq.: This contemplates the creation of an entrance way to lot #2 and we are trying to avoid that.

Mrs. Thompson: What about deliveries, or you may not need anything delivered.

R. Krahulik, Esq.: There will still be the entranceway for everything.
Mrs. Thompson: Just piece in front?

R. Krahulik, Esq.: Yes.

Mrs. Thompson: A big tractor trailer could not get around to the back.

R. Krahulik, Esq.: The parking lot configures and the northerly lot line would change and traffic would have to enter into lot #2. detail on map regarding #1 we need to focus on #2 with no detail.

Mr. Smith: It is in PID there and there is a concern where you would be pulling trucks in and it may not be the best layout. I can understand if it is an office building. Are you sure you want to go with this?

R. Krahulik, Esq.: Yes.

Mr. Smith: I Move to hold a Public Hearing for Warwick Savings on May 12, 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 about the hearing. You can obtain the list of names from the Town Tax Office. The notice of the Public Hearing will appear in the Times Herald Record’s Public Notice Section within the week. Take that notice and copy it and mail it to everyone on the list at least 10 days prior to your scheduled Public Hearing date. The mailings must be by registered or certified mail. Bring your proof of mailings with you to open your public hearing.

Lewis Sign: Sign variance

Charlene Denunzio: I am here for the OC Emergency Animal Services and don’t have much allowance for signs. The sign they have now they would like to duplicate it in a ‘V’ shape on each side – so you can see coming and going. They had a cute sign to make it look more friendly on the building. It’s a little neon on the frame.

Mr. Smith: 57 sq/ft of signage is requested and the code may allow that.

Mr. Owen: Where is this located?

Mr. Smith: Next to HSPC Bank by the Middletown Motel.

C. Denunzio: He has concern about people with animals that have been hit that they be able to find it.

Mrs. Thompson: I think the sign should be closer to the street.

C. Denunzio: It will get lost in all the traffic. The sign is simple.

Mr. Smith: The sign (attachment) 12x58 below the window. You will have the same sign on the east and west sides.
Mr. Oster: extra 57 feet and maxed at 32 feet.

C. Denunzio: People don’t know where it is so its not working. No room in the front to go.

Mr. Smith: The building is 35 feet wide. The sign is 32. You may need more for the variance.

C. Denunzio: We have existing sign moved to the other side facing 211 East; the 2nd sign on same area facing 211 West and little dog sign so people recognize it as a pet place.

Mr. Smith: They can have more than one sign.

Mrs. Thompson: Where will the 3rd sign go?

C. Denunzio: (showed on the drawing)

Mr. Smith: By your calculations you are allowed 34 sq/ft and go to 2 signs 4x8 that is 64 plus 25 is 89. You only need 45 rather than 57 feet.

C. Denunzio: We’ll ask for 50 instead of 57.

Mr. Smith: I Move to hold a Public Hearing for Lewis Sign on May 12, 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 about the hearing. You can obtain the list of names from the Town Tax Office. The notice of the Public Hearing will appear in the Times Herald Record’s Public Notice Section within the week. Take that notice and copy it and mail it to everyone on the list at least 10 days prior to your scheduled Public Hearing date. The mailings must be by registered or certified mail. Bring your proof of mailings with you to open your public hearing.

John Razzano – Not Present

Marc J. Tolen – Not Present

Michalski / Ptak:

Representative: We are requesting a 30 day extension and look at 2 acre zoning change versus 1.5 previously. Present for Review 5/12.

Anthony Fini:

Mr. Fini: I am requesting variance for lot I bought in October of 2002 and in R2 zone and under new zoning law on pre-existing lot.

Mr. Smith: The new requirement – what are you asking for.

Mr. Fini: I want single family house but it should conform to all sides but the total area is lacking. There is no plot plan yet.

Mr. Smith: Does it have water, sewer and gas?

Mr. Fini: Yes.

Mrs. Thompson: The width is 101ft and the new Code is 125.

Mr. Smith: We have to ask for reduction from 125 to 101 when it is published.

Mrs. Thompson: The lot depth, width and area is needed.

Mr. Owen: This met zoning before?

Mr. Fini: Yes, when I bought the property.

Mr. Smith: 249-20-D is the Code reference. Depth, width and area width 150 to 101.82; depth 200 to 150ft; area from .75 acre to 15,188 sq/ft.

Mr. Fini: What are the setbacks?

Mr. Owen: Here they are (showed him).

Mr. Smith: I Move to hold a Public Hearing for ANTHONY FINI on May 12 2003 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; Al in favor; Motion carried.

Mr. Smith: It will be necessary to notify everyone within 300 feet of this property about the public hearing. You can obtain the list of names from the Town Tax Office. The notice of the Public Hearing will appear in the Times Herald Record’s Public Notice Section within the week. Take that notice and copy it and mail it to everyone on the list at least 10 days prior to your scheduled Public Hearing date. The mailings must be by registered or certified mail. Bring your proof of mailings with you to open your public hearing.

Berlin: # 9 Red maple lane

Mr. Berlin: I am requesting a variance on a 2 family house and raise the existing dwelling and put a new 2 family home. The issue is the front yard setback 35 and back yard 30 and I have 19 and 60ft.

Mrs. Thompson: Does it have to be that long?

Mr. Berlin: It affects the size and would have to go from 3 to 2 bedroom and reduce the rental income.

Mr. Smith: You own lot next door. Remove trailer and turn building length wise and have both lots utilized for one house. Variance on this lot.

J. Owen, Esq.: He has 2 separate applications.

Mrs. Thompson: You can’t join the 2 lots?

Mr. Berlin: No. It would not make any sense. It is past Lothars.

Mr. Oster: Are these lots in compliance now. You are going for just front/rear yard setbacks and you need more than 100 on depth and 75 frontage.

Mr. Smith: We have new codes.

Mr. Berlin: They are separate deeded lots and if separate homes nothing would fit.

Mr. Oster: These are smaller lots but look them over and we have a problem with 2 families on smaller lots.

Mr. Berlin: The neighbors would not like shabby homes. These are not recognized as 2 families.

Mr. Oster: The parking spots go out to edge of pavement?

Mr. Berlin: I don’t know, Mr. Yanosh was suppose to be here. It says edge of pavement and appears we are within the lot lines if 19ft 8” and needed 35ft…he is including driveway in the front.

Mr. Oster: It looks to go over into the shoulder and says ‘edge of pavement’ and see ‘found iron pipe’ and goes over.

Mr. Berlin: Edge of pavement after 19.8.

Mr. Oster: From building to end of line is 19.8. Concerned about where parking spots are drawn. The length is going past what you are calling line an onto edge of the pavement.

Mr. Berlin: I don’t disagree they can’t park in the street.

Mr. Smith: That is one problem - backing out into the street.

Mr. Berlin: It’s a dead end with four houses and I am two of them. Would for public hearing – new variances to apply for.

Mr. Smith: You could come back for a review and it is substantial and its difficult with parking backing into a public street. You can have the public hearing next month or review with Mr. Yonish.

J. Owen, Esq.: He can explain the procedure at a public haring but not tell you what will happen.

Mr. Berlin: Why would I want to come back. I will come back for review.

Hearing review on May 12, 2003.

Berlin: (2nd application) same.

PUBLIC HEARINGS:

CHARLOTTE T. VERDI / JOSEPHINE ANNE CARUSO:
Request for a variance of 249-19-D (front yard width) from
200ft to 125ft; Property located on Highland Lake Road
(SEC 64 BL 1 LOT 48.10); Designated RA.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 8:27 pm.

Mr. Smith: I Move to open the Public Hearing at 8:28 pm.

Josephine Anne Caruso : We are requesting a variance for property that is 2.2 acres and its large enough to build on but not wide enough and we need a variance for the width.

Mr. Smith: Any questions from the Board?

Mrs. Thompson: When did you get this?

Josephine Anne Caruso: We inherited from our mother who 30 years ago bought. Our father got ill with emphysema and moved close to me in Highland Mills. She has since passed away and we own a home and we were approached by someone to build a one-family home on it.

Mr. Owen: Do you know the soil type(s) and if will support septic system?

Josephine Anne Caruso: It is between the two properties?

Mr. Smith: Have you spoken to the neighbors?

Josephine Anne Caruso: I can’t afford it and no one has asked about it that I am aware of.

Mr. Owen: The lots have gotten bigger and large reduction to 125ft from 200ft and a 100ft side yard.

Mr. Smith: They would be here for more variances to put a house on it.

Mr. Owen: Have you approached neighbors about buying it?

Josephine Anne Caruso: No.

Mr. Owen: The lot is too narrow for today’s standards and the neighbors could be contacted about buying it to increase their size.

Mr. Smith: The date of ownership is 1973. The person before – it was not broken out. It has been the same parcel. The lot existed back to 1969 and not broken out from larger parcel.

Mrs. Thompson: In 1973 it was 150 feet.

Mr. Smith: It has always been undersized.

Mr. Oster: I feel for the owners and it has been in the family 30 years and 125 is not that narrow; they have acreage to work with. But for what is before me for 1 variance the owner will have more variances.

Josephine Anne Caruso: He called us to say about the variances and we were not aware of the variances. He must be aware of what he wants to do with it. He said he wants to put a one family home on it. I don’t have plans for it.

Mr. Owen: It did not meet zoning before. It was not building lot before they changed it.

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

Mr. Smith: Any questions from the Board?

Mr. Oster: We have to look at it with the building on it and doing this leaves us not knowing with the owner will do with it and what other variances are needed. It leaves it too wide open for miss interpretation.

Mr. Smith: The lot next door is a good size and could be made to conform. The lot next door has 12 acres and lists ‘Marty Cobb’ on the tax map and this could be made into an approved building lot. Don’t know what is on the other size. The lot next door may be interested in buying it to clear up their lot if they have any problems. The variances are too great I feel. I can hold it open for you to do something with the neighbor or vote tonight.

Josephine Anne Caruso: Please hold open for May 12, 2003 meeting.

Mr. Smith: You may wish to speak with proposed purchaser.

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