TOWN OF WALLKILL ZONING BOARD OF APPEAL
MEETING MINUTES
-
MAY 12, 2003

PRESENT:

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

Joseph A. Owen, Esq.

ABSENT:

John Cieslewitz
James 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 April 14, 2003 Minutes.

The following correction was noted:

Joshua Silkman – (Not present for hearing)

Motion made to Accept the Minutes as noted; Seconded; All in favor; Motion carried.

The following Continuances, Hearing Reviews and Public Hearings were continued, reviewed and voted upon as noted.

Continuance:

Charlotte T. Verdi / Josephine Anne Caruso: Request for 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.

Charlotte Verdi and Josephine Caruso:

Mr. Smith: I Move to continue the Public Hearing for C. Verdi and J. Caruso; Seconded.

Ms Caruso: I sent out letter to the neighbors on each side to see if they wanted to buy it or sell a portion of what they have. The house on one side asked questions on the people interested in buying it and she said would discuss with her husband in buying it and they only have enough for themselves. Andreas never responded in any way.

(Presented copies of what was sent out; reviewed by the Board).

Mr. Smith: Any questions from the Board?

Mrs. Thompson: I am not happy approving something that small of a piece of property.

Ms Verdi: We have paid taxes for over 30 years.

Mr. Owen: It did not meet zoning before this. If it had been new zoning to create a problem that would be different.

Ms Caruso: It must have been buildable at some point; it was not split off from another piece of property.

Mr. Owen: It was at one point; it must have been.

Mrs. Thompson: If they had tried before they would have found out about this.

Public: I am the person who wants to buy the property.

Ms Verdi: He is the perspective buyer.

Ms Caruso: You suggested he come to show you what he wanted to put on it.

Ms Verdi: We did not know it was going to be such a fiasco. Don’t feel sorry for us - we have paid taxes for 30 years.

Public: It is to be 28 x 27 ¼. That leaves a setback of 28.5 on each side.

Mr. Oster: What do you want? As long as they stay off the side - they have the lots of depths. I don’t see the real problem here. When you talked about selling, did neighbors have any problems?

Ms Caruso: No, and no one is here.

Mr. Oster: It is long and narrow. I saw car in lot across the street.

Ms Caruso: When we came here there were a lot of trailers on the property.

Mr. Oster: I think you need to be aware of other variances, its only 125 wide. Do you understand it? (to the board).

Mr. Owen: It needs 40 feet for both.

Mr. Oster: That is the new zoning. He will be back when comes to put the house on it.

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

Mr. Smith: I Move to close the Public Hearing at 7:45 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the variance requesting variance lot width from 200 ft to 125ft.

Mr. Smith: There is a 7 member Board and 2 members are absent tonight. You will need 4 ayes to pass a variance - or 4 out of 5 present tonight.

DISCUSSION:

Mr. Oster: You would not have to be here for a vote. You are talking about your bus schedule. You would be notified; we would be happy to vote tonight.

Ms Verdi: What else what can we do? We have done everything you have asked.

Mrs. Thompson: I don’t know what to tell you.

Mr. Smith: Everyone in the Town has to pay taxes and you can put the vote until June if you like.

Mr. Oster: We have 2 absent you still need 4 of 5 present tonight.

Mr. Smith: You can make a decision tonight.

Mrs. Verdi: This is 4 times we have come back. We will come back on June 9th.

Mr. Smith: The Public Hearing will be continued on June 9th.
HEARING REVIEWS: June 9, 2003

JOHN RAZZANO

Applicant: Two years ago I bought 2 pieces of property and a house. They are on 163 and 5 Brookline Avenue. There are separate taxes and sold 163 Brookline. When we did survey saw part of 163 was onto this lot. We are trying to sell and have a house built there.

Mr. Smith: You will build the house on 165? Did you do lot line change?

Applicant: They advised us to come here to appear here first.

Mr. Smith: You’ll need a variance for the area.

Mr. Oster: You did not build the house?

Applicant: No, it was there – existing.

Mr. Smith: You sold lot?

Applicant: I prepared these maps, it is the proposed new home and we are in contract - sale pending.

Mrs. Thompson: When was it built?

Applicant: I assumed they were separate. I had option of just buying one and had I, I would have found out then.

Mr. Oster: How long ago did you buy it?

Mrs. Thompson: 1995.

Mr. Smith: You realize the existing home is on both lots – came separately – old sub division of 50 feet. Was it subdivision many years ago. The existing house was intended probably for both lots.

Applicant: When I bought it I was told I did not need to buy other lot. The house exists on 165 and vacant is 163.

Mrs. Thompson: When was house built?

Applicant: 50-60 years old.

Mr. Smith: Requesting side yard from 15 to 10 feet.

Mr. Oster: From the corner of the front of house because of the easement – do you know that distance. You are showing 15 feet. That should be at least 14 feet.

Applicant: We can adjust anything.

Mr. Oster: We will look at it and because of how subdivided, 50 is different than 42 feet. That is short.

Applicant: It is possible to angle the front line to maintain that. It is deep most are 125 feet deep but this is 200 feet. This has the situation in the front.

Mrs. Thompson: is the house worth keeping?

Applicant: Valid question.

Mr. Morgan: You have 8 feet encroachment – how far in?

Applicant: We were thinking – the surveyor that did that, he said to bring in to see what you thought – possible 4 or 5 feet around the house.

Mr. Morgan: The front yard from 50 to 42 at what point would that be? (looked at the map).

Mr. Smith: I Move to hold a Public Hearing on June 9, 2003 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

Mr. Smith: It will be necessary to notify everyone within 300 feet of your property. You can obtain the list of names from the Town Tax Office. The notice of the Public Hearing will be in the Times Herald Record’s legal notice 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 hearing date. Mailings can be sent by either registered or certified mail. Bring your proof of mailings with you to open your public hearing.

If you have any questions, please call.

BELA & PHYLLIS GESZTESI

Request for a lot, width, side yards variance for property on Carpenter Avenue.

The application was reviewed by the Board and discussion with the applicant and the Board.

Applicant was advised that the property owners within 300 feet of the property have to be notified about the public hearing at least 10 days prior to the hearing date by certified or registered mail. The list of names can be obtained from the town Tax Office. The Public Hearing will beheld at 7:30 pm or as soon thereafter as the matter can be heard on June 9, 2003.

PAULA FIDANZA

Request for a 50 parking space variance from 74 (249-12-F)

Applicant was advised that the property owners within 300 feet of the property have to be notified about the public hearing at least 10 days prior to the hearing date by certified or registered mail. The list of names can be obtained from the town Tax Office. The Public Hearing will be held at 7:30 pm or as soon thereafter as the matter can be heard on June 9, 2003.

EDWIN AND KATHRYN TAYLOR

Request for rear yard variance from 70 to 64ft for an addition to existing house.

GAGLIANO

Mrs. Thompson: Can you get us another map?

Applicant: Sure, I can get you another map. I think it did it, I don’t know it was like that. He did it – don’t know why he did it. Initially I think I faxed it to him.

Mr. Smith: In the next week or two.

Applicant: It looks like it was done in the early 70’s or late 60’s. There is no record of it. Originally – it was my original thing to do. Mr. Gagliano said – called Mr. Steenrod said ‘what if I get a letter from Mr. Dickinson saying this was the case and that it was built and sold to me that way’. He told Mr. Gagliano that if he sends me that letter I will fine him. That is what he said. I advised him to go ahead and have the letter written.

Mrs. Thompson: The zoning was not in place in 1972.

J. Owen, Esq.: It came in in the mid 1970’s.

Applicant: It is definitely an apartment, it has separate utilities, separate electric coming in, walled off, separate basement, separate furnace, separate water and separate entrance, separate driveway.

Mrs. Thompson: In 1972 the zoning was imposed.

Applicant: My investigation said 1978 it came into place.

J. Owen, Esq.: Not under the present code. It came in in the mid ‘70’s.

Mr. Smith: He wants an interpretation of this. He can come in and present the facts.

Mrs. Thompson: How do I list it?

J. Owen, Esq.: ..’interpretation of what ever he is asking for.’

Mr. Smith: Interpretation of two family under…

Applicant: It is zoned single family residential now.

Mr. Smith: Are you RA, R1?

Mrs. Thompson: RA on Decker Lane.

Mr. Smith: I Move to hold a Public Hearing for 64 Decker Lane zoned RA for legal 2 family home; Seconded; All in favor; Motion carried.

Mr. Smith: It is necessary to notify everyone within 300 feet of your property of the Public Hearing. Later this week you will find the notice of your hearing in the Legal Section of the paper. Take that and mail it by certified or registered mail to everyone on the list which you can get from the Town Tax Office, at least 10 days prior to your public hearing. Bring your proof of mailing with you to you’re your hearing.

Mr. Smith: You will need to provide at least 10 copies of your drawings as noted earlier.

FOGELMAN

Mr. Smith: This is RA there. You want it for storage of antique cars?

Mr. Oster: Classic cars?

Applicant: Just storage of personal cars.

Mr. Oster: 200 feet off the line.

Applicant: Yes, the setbacks are fine.

Mr. Smith: We need to know that.

Mr. Owen: Right on the line?

Applicant: On the section (looked at drawing) it is situated on 15 acres, so setbacks have plenty of room in any direction.

Mr. Owen: Part of it is in R2? Maybe your property divides it?

Applicant: Yes, in a section.

Mr. Smith: By Crystal Brook.

Applicant: Crystal Brook is what separates the 2 properties.

Mr. Smith: Show it as R2 as well.

Mr. Oster: How are you getting to that from the existing driveway – will it extend up?

Applicant: Off the existing driveway.

Mrs. Thompson: Do you work on cars there now?

Applicant: No there, no.

Mr. Smith: I Move to hold a Public Hearing for June 9, 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 for you to notify everyone within 300 feet of your property of the Public Hearing. You can obtain a list of the names from the Tax Office. The notice of the hearing will be in the newspaper by the end of the week. Take that and copy it and send it to the names on the list by certified or registered mail at least 10 days prior to your hearing date. Bring your proof of mailings with you to your hearing.

BERLIN (1 of 2)

Dan Yanosh (for the applicant): He told me very little of what happened last month – something like parking.

Mr. Smith: Parking into the road. He seemed to want to get more advice.

Mr. Yanosh: The big issue is parking.

Mr. Oster: The thing with parking is if the spaces go past the property line its not a zoning issue. Now you have parking spaces on Town property. That is how it is shown.

Mr. Smith: Backing into the street like that is against Town policy.

Mr. Yanosh: It’s a dead end street and only 2 houses beyond that.

Mr. Oster: Parking spaces beyond the lot line?

Mr. Smith: Just like the driveway does – pavement. He literally is backing into the street.

Mrs. Thompson: I don’t think it’s a place for 4 vehicles for each building.

Mr. Yanosh: I think there are a couple of places in there to park. I can probably change the size of the building, and take care of the parking situation. Show 6 spaces 2 for each dwelling unit.

Mr. Oster: Show 2 needs3. The building here?

Mr. Yanosh: For storage for the apartment and maybe put one vehicle in there. He does have a lot extra.

Mrs. Thompson: He probably has 4 vehicles for each building.

Mr. Yanosh: I show 7 spaces all together.

Mr. Oster: That I don’t like because if you show them they will use them.

Mr. Owen: These were existing lots, right?

Mr. Yanosh: Yes.

Mr. Owen: When did he buy these?

Mr. Yanosh: in 1996.

Mr. Morgan: There was zoning.

Mr. Owen: They met the zoning before zoning was changed this last year.

Mr. Yanosh: The existing is lot width 80 we have 75ft wide lots.

Mr. Owen: I mean as far as the lot set backs and side yards and all that. It went from 75 to 80 feet is only difference in the width.

Mr. Yanosh: I think it was 80 feet before. We have 75 feet before. Depth is 99.8 and other is 99.5 that is existing and we can’t change that. The square footage of both lots, again, is pre existing. You need 12,000 and new zoning is the same and we have 7,000 and 8,000. These are 2 different lots and you can’t do nothing bout those things. You are looking for more multi family but we can’t do it because of these 5 acres so 2 family would fit on each one of them and we can look at parking. I’ll take a look around I know the house around the corner, correct me, it looks like it is 2 family, don’t know how many are in that.

Mr. Smith: Do you want to schedule a hearing?

Mr. Yanosh: No, resubmit and go back to them.

Mrs. Thompson: One nice house to the combined lot.

Mr. Smith: Parking will not go.

Mr. Yanosh: If you divide it into 2 lots and made it 4 plex – 2 stories and have enough parking for something like that multiple zoning is 5 acres.

Mr. Smith: You can submit what ever plans you would like in June.

Mrs. Thompson: Different plans in June.

Mr. Yanosh: Yes.

BERLIN (2)

Applicant to reapply.

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