SAMUEL FALKOWITZ: Request for a variance of 249-2-D (Area from 12, 500 sq/ft to 9,505 sq/ft; lot width from 80 ft to 65ft); Property located on Fourth Street (SEC 52 BL 2 LOT 2.1); Designated

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 9:37 pm.

Mr. Smith: I Move to open the Public Hearing at 9:38 pm; Seconded; All in favor; Motion carried.

Samuel Falkowitz: I am about to buy this property subject to variance and problem is it does not have amount of square footage needed and it h as 65 feet in from instead of 80 and I am trying to put in a nice bi-level.

Mrs. Thompson: Single family?

Samuel Falkowitz: Single family.

Mr. Smith: Now that has water and sewer.

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

Mr. Oster: It’s a small lot but the area has small lots in it and not different from others.

Mr. Smith: The proposed house has 24 x 38. Is that what you are going to stick with.

Samuel Falkowitz: Uh…

Mr. Smith: You said a bi-level.

Samuel Falkowitz: It’s a bi-level but I think I am going to come more to make it a little bit wider. If you can see you have another couple of inches here from the left.

Mr. Smith: There is a building set back line you have to stay within – you can’t get much longer than 38.

Mr. James Owen: This dotted line is the setback (showed on the map).

Mr. Smith: I want to point that out to you.

Samuel Falkowitz: What I am saying is there might be that the house on the left side I am going to extend to the set back.

Mr. James Owen: It would be the RIGHT side.

Samuel Falkowitz: All right, the RIGHT side.

Mr. Smith: I want to point out that we are not addressing – you are saying 3 bedrooms and that is a small house 24 x 38 and you can’t go much longer; you can go deeper. But you have a building envelope you have to stay within and we are not addressing any of that tonight.

Samuel Falkowitz: How about the right side of the house, can I come back to the set back?

Mr. James Owen: To the line.

Mr. Mattatall: If you were here before and heard comments if you go over the line and we discover you need a new variance, it is not likely granted to be granted knowing full history of the house.

Mr. Smith: You might want to turn it sideways. What I am saying is, it says 3 bedroom house and that’s small and I want to draw your attention to the building envelope – setbacks around there right now we address lot size and width only – that’s why you are here and being it has water and sewer its going to be in keeping with the neighborhood. The lots are roughly the same size. We have these little lots and its been around 30-40 years and it’s the type of situation made for coming for a zoning board of appeals.

Mrs. Thompson: As long as he follows the code when he builds the house as far side yards go.

Mr. Smith: Any questions from the Public?

Joe Golf: we are in the process of buying the house across the street and have safety concerns the AHRC building we have there is very narrow street and also a lot of traffic 24/7 that comes in and out of that building. Our house sits directly across the street and if we back out we might have to back into his driveway to back out that is how narrow it is. If anyone to have – I am a fireman – for this to be put there and exposure problem yes there is an exposure problem. We have handicap people that live next door that are disabled and can’t move around. Other people in the neighborhood would like to be here the one gentleman on the far end – only 4 houses – he passed on his son is mowing his lawn, directly across is in Philadelphia or he would have been here tonight. This lot from what I understand, they wanted to buy the lot and did not sell that lot to these people who own it now or they would never have bought this house because of this same problem. It change character of the neighborhood. Everyone seems to have space between it will be very, really tight.

Mr. Smith: He has a building envelope there he can build in legally its undersized lot.

Joe Golf: The road is very narrow, again you are here to look out for houses that have been there. Serious problem, say they have a party where will the people park? We already have had this issue one or more times before. If they block street how fire truck get to end of the street to AHRC building. We can’t keep building and putting us in sardines here. I think everyone should step up to the plate on this one and it’s a no brainer on the safety issue alone. Heaven forbid we have a fire and the wind is blowing and been a fireman for 18 years and have seen. The neighbors are all against it. There are only 4 of us and it would change character.

Mr. Oster: No one came from AHRC either?

Joe Golf: How am I going to go to the AHRC building.

Mr. Oster: You are bringing them up as one of the major concerns and yet they are not here to represent themselves.

Joe Golf: Their parking lot is right up to that lot line.

Mr. Smith: Their parking lot is not our concern. We are dealing with this.

Joe Golf: If this house catches fire and goes to the cars…

Mr. Smith: That is true with any house.

Joe Golf: Not if they are not built right on top of each other.

Mrs. Thompson: All the houses on Silver Lake Road are like this.

Joe Golf: That was built back then this is something new now.

Mr. James Owen: This is existing lot and has water/sewer and met zoning before.

Joe Golf: It will take away from the value of our house.

Mr. Smith: It will improve it.

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

Mr. Smith: I Move to close the Public Hearing at 9:45 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance of 249-22-D (lot area) from 12, 500 sq/ft to 9,505 sq/ft; lot width from 80 ft to 65ft; Seconded.

DISCUSSION: (None)

VOTE:

In favor (aye): 5
Opposed (nay): 1

DECISION:

Mr. Smith: The variances are granted please see the building department.
ANTHONY FINI: Request for a variance of 249-20-B (lot width and depth); Property located at 545 Silverlake Scotchtown Road (SEC 98 BL 1 LOT 6); Designated R-2.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 9:46 pm.

Mr. Smith: I Move to open the Public Hearing at 9:47 pm.; Seconded; All in favor; Motion carried.

Anthony Fini: I am requesting variance for lot width and depth and area. Will conform to setbacks required by the town.

Mr. Smith: Comments from the Board?

Mrs. Thompson: The lot has been there for a while and don’t see any problem with it.

Mr. Smith: Water and sewer, correct?

Anthony Fini: Yes, and gas.

Mr. Oster: Small by today’s standards but when it was cut out it was what was a building lot in its day. Its cleared and almost ready to go it looks like.

Mr. Smith: What type of house.

Anthony Fini: A bi-level.

Mrs. Thompson: 50?

Anthony Fini: 50 feet long.

Mr. Smith: Just make sure you are within the lines.

Anthony Fini: That is the correct thing to do. Roger Ferris is a good engineer but mistakes are made and he’ll be doing the survey to.

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

Frank Cangolono, 536 Silverlake: I wanted to ask when was the zoning was changed for the size of the lot.

Mr. Smith: The last was earlier this year – February 15, 2003.

Frank Cangolono: The one before that? How much acrage did you need to build?

Mrs. Thompson: It depends on the property?

Mr. Smith: I could not tell you it depends on zoning, soils, sewer, water, etc.

Anthony Fini: It did conform previously.

Mr. Smith: I believe it did.

Frank Cangolono: I figured if I come here you might answer the question.

Mr. Smith: Because of the new zone change we can’t turn around and tell people where they have built a lot paid money based on that and tell them they can’t build or do that. That is the purpose of the board. Do you have other comments.

Frank Cangolono: Just wanted to find out what the zoning was. I received his notice.

Mrs. Thompson: There is a code book and you can purchase it from the Town Clerk.

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

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

Mr. Smith: I Move to close the Public Hearing at 9: 50 pm; Seconded; All in favor; motion carried.

Mr. Smith: I Move to grant the following variance of 249-20-D (lot depth from 200 ft to 150 ft; width from 150 ft to 101.04 ft in the rear; area from .75 acre to 15,188 sq/ft); Seconded.

DISCUSSION: (None)

VOTE:

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

DECISION:

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

MEETING CLOSE

Mr. Smith: There being no further items to be presented before the board, I Move to close the July 14th meeting at 9:53 pm; Seconded; All in favor; Motion carried.

TSB:jcd

TOWN OF WALLKILL ZONING BOARD OF APPEAL
DECISION SHEET

JULY 14, 2003

RICHARD & JOANNE GAGLIANO Request for an interpretation for use as a two-family house; Property located at 64 Decker Lane (tax map 7-1-18).

INTREPREATION: The house can be used as a 2 family house.

JESSE BLONDE: Request for a variance of 249-19-D (front yard reduction) from 40ft to 39.5 ft; Property located on the South Side of Countant Road (SEC 5 BL 2 LOT 8); Designated RA.

DECISION: Variance granted.

JANOS & NADEZDA LECEI: (Side yard reduction)
Republished/scheduled for August 11, 2003.

STRAM DEVELOPMENT/PAUL HALPREN: Variance for 249-19-B (lot area from 2.0 acres to 1.212 acres; depth from 300 ft to 205.66 ft); Property located on Yereance Drive (SEC 7 BLOCK 1 LOT 61.11); Designated RA.

CONTINUE: August 11, 2003

MICHAEL MIELE, LANDTECH CONSULTING
JOE BROWN: Request for a variance of 249-19-D (lot width from 200 ft to 145.79 ft; area from 2.0 acres to 50,864 sq/ft) for a single family dwelling; Property located on Top Notch Road (SEC 32 BL 2 LOT 42); Designated RA.

DECISION: Variance granted

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ORANGE COUNTY GOLF CLUB: Request for a variance of 249-32 (expansion of non-conforming use): clubhouse expansion from 14,642 sq/ft to 17,320 sq/ft; cart garage at north east of clubhouse to 1,056 sq/ft; Property located at 121 Golf Links Road (SEC 73 BL 1 LOT 26.2); Designated R-1.

DECISION: Variance granted.

JAYCEE & ANNETTE DeGROAT: Request for variances of 249-A-K-2 (setbacks): pool setback from 10ft to 9ft; -8-A-1 side yard from 20ft to 15ft; 249-8-A –5 (pool in front of the principal building); located at 124 Ridgewood Avenue (SEC 75 BL 11 LOT 15); Designated R-1.

DECISION: Variance granted subject to the following:

The trailer near the property line will be removed.

BRADFIELD LYON: Request for a variance of 249-8-A-5 (accessory building closer to the front lot line than the primary building) for garage; Property located at 347 Mt Joy Road (SEC 78 BL 1 LOT 23.1); Designated R-A.

DECISION: Variance granted subject to the following:

The buffer area is left along the road of existing vegetation and trees / shrubs.

PAGE 3

SAMUEL FALKOWITZ: Request for a variance of 249-2-D (Area from 12, 500 sq/ft to 9,505 sq/ft; lot width from 80 ft to 65ft); Property located on Fourth Street (SEC 52 BL 2 LOT 2.1); Designated.

DECISION: Variances granted.

ANTHONY FINI: Request for a variance of 249-20-B (lot depth from 200 ft to 150ft; width from 150ft to 101.04 ft in the rear; area from .75 acres to 15,188 sq/ft); Property located at 545 Silverlake Scotchtown Road (SEC 98 BL 1 LOT 6); Designated R-2.

DECISION: Variances granted.