Zoning Board Minutes Sheet 08-11-03 pg 1 of 3

TOWN OF WALLKILL ZONING BOARD OF APPEALS
August 11, 2003

MEETING OPENING:

The August meeting of the Town of Walkill Zoning Board of Appeals opened with the pledge to the flag followed by the roll call and review of the July 14th Meeting Minutes.

PRESENT:

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

William J. Wolfe, Esq.

EXCUSED:

John Cieslewitz

The following notation was made: Pages 41 and 42: Decision Sheet – status clarification: Richard/Joanne Gagliano: Interpretation received; Jesse Blonde: granted; Janos / Nadezda Lecei: Scheduled for 8/11; Stram Development: Continue for 8/11; Michael Miele: granted; OC Golf Club: granted; Jaycee/Annette DeGroat: granted with contingency; Bradfield Lyon: granted subject to contingency; Samuel Falkowitz: granted; Anthony Fini: granted.

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

The following Continuance, Hearing Reviews and Public Hearings were conducted, scheduled and voted upon as noted.

CONTINUANCE:

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

Mrs. Thompson: A letter was submitted from Lanc & Tully who designed the septic system. (filed for the record).

Mr. Smith: The Public Hearing was closed in July. We are here to make any comments and vote on the application.

Mr. James Owen: I could not see where the lot did not meet anything the other lots in the area did; it looked the same to me as the others.

Mr. Mattatall: I went out twice and in the rain and don’t see anything in the lot that would be touchable by this Board out there. I have no trouble with the lot.

Mr. Oster: I, too, went out a 3rd time for area variance. This does not upset the overall character of the neighborhood and if engineering can make it a building lot, don’t see any problem with it.

Mr. Morgan: If it meets the conditions, I have no problem.

Mr. Smith: The problem was with the soils. They now have the engineering.

Mr. Smith: I Move to grant the following variance of 249-19: 1) area variance from 2 acres to 1.212 acres; 2) lot depth from 300ft to 201.65 ft. 200 ft; Seconded.

DISCUSSION: (None)

VOTE:

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

The lot depth is 205 is the deepest depth; we suggested to make it 200; the other line is 201 ft.

Mr. Smith: Revise depth from 300ft to 200ft.

DECISION:

Mr. Smith: The Variances are granted.

HEARING REVIEWS: September 8, 2003

Theodore Capozzoli

Mr. Smith: Please explain what yo are trying to do?

Mr. Capozzoli: We want a 36x18 addition for a master bedroom and bath.

Mrs. Thompson: I don’t understand the map.

Mr. Smith: New area is on the left side 18 x 30.

Mr. Mattatall: Is there anything to preclude it from going on in the back?

Mr. Capozzoli: There is stone work and deck there.

Mrs. Thompson: What is the number?

Mr. Capozzoli: 276 Derby; it is 48ft on one side.

Mr. James Owen: 40ft on one side 100ft on both sides.

Mr. Oster: What is the minimum?

Mr. James Owen: 40ft on one side.

Mr. Oster: It should read From 52 ft to 30 ft. It reads now one side has to be 40ft; both total have to be 100ft; you have one at 48 and to add the two yards together you have 30 and 48 and you need 100. From 100 to 78 ft.

Mr. Smith: I Move to hold a Public Hearing on September 8, 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. 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 Public Notice Section within the next week. Take that notice, 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 sent out either by certified or registered mail. Bring proof of your mailings with you to your Public Hearing. The Hearing can’t be opened without your proof of mailing.

Ted Henderson

Mr. Smith: This is an informational review.

Mr. Henderson: We have a trailer with an addition and deck behind it. We want to remove them and put in a modular. We have a 24x85 area and the new house is 24 x 48ft and is a colonial style; shorter but 2 stories.

Mrs. Thompson: A single family house?

Mr. Henderson: Yes, at first it was us two then one child and now we have twins and need the room. We have owned it for 5 years.

Mr. Smith: Any chance to buy land adjacent?

Mr. Henderson: He has 1 ¾ acres and he will not budge. If I could we would. We have to find a place to live while the house is being built.

Mr. Mattatall: The new house will fit in same foot print as the previous?

Mrs. Henderson: Yes. Actually smaller.

Mr. Henderson: We are waiting for the survey to be done this week.

Mr. Smith: With what you have in front of you - you need what?

Mr. Henderson: She filled out the application so I don’t know what is there.

Mr. Smith: Side yard 40 to 22ft; 2 side yards 100 to what?

Mr. Henderson: The new house may be 26 feet wide not 24 feet looking at the drawing.

Mr. Morgan: It’s a bi-level?

Mr. Henderson (looked at drawing) part fill protrude a little further.

Mr. Smith: You have to decide which side to take it off?

Mr. Henderson: Longer side.

Mr. Smith: From 40 to 20 and 100 to 38ft. You want to be certain of the house size.

Mr. Morgan: Look at 28 feet.

Mr. Henderson: Take it off the longer side.

Mr. James Owen: Have you ordered the house yet?

Mr. Henderson: No. That is the size the width came.

Mr. Oster: Its 40 to 18ft and 100 to 36ft.

Mr. Henderson: Yes.

Mr. Morgan: (looking at the drawing) 46ft and 6 inches interior.

Mr. Henderson: The deck is wrap around.

Mr. James Owen: You need to get in and out of it.

Mr. Henderson: We don’t care about the deck.

Mr. Smith: That will change the look of the house if you take it off.

Mr. Henderson: Porch on the front of the house is fine. We are not worried about deck around the side of the house.

Mr. Smith: They have a door on the side of the house. Would you like to speak with the builder first?

Mr. Henderson: The builder said the deck is 6 feet.

Mr. Oster: The landing or step will be needed on the side yard.

Mr. James Owen: You would have to come back if there is a problem with the step on the side.

Mr. Smith: You have a door on the side.

Mr. Henderson: We can put the door in the back or not have it and there is a slider there. We can take the door it.

Mr. Smith: I Move to hold a Public Hearing on September 8, 2003 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

Berbro Management

Mr. Berbro: Since the lot is 50 feet wide and need variance from 80ft and need side yard variances.

Mr. Smith: 2 side yards and lot area as well. We need to put them all down

Mr. Oster: It is on the drawing but not on the application.

Mrs. Thompson: Address?

Mr. Berbro: 182 Brookline Avenue.

Mrs. Thompson: Single family?

Mr. Berbro: Yes. It requires 100 and it has 125. The area ratios are not so important.

Mrs. Thompson: House 30 feet wide; does it have to be that wide?

Mr. Berbro: Yes. That is the drawing.

Mr. Oster: Why so wide on narrow lot?

Mr. Berbro: In reference to how total lot is there.

Mr. Smith: We have approved small lots but narrower buildings; none 30 feet from memory.

Mr. Berbro: Yes.

Mr. Oster: The topography of land may make a difference.

Mr. Berbro: The surrounding houses are similar in size I think.

Mr. Smith: I want to note that we have not granted a 30 feet wide variance on these narrow lots.

Mr. James Owen: Lot area is 12,500 sq/ft down to 6,250sq/ft; side yard from 15ft to 10ft ; 2 side yards from 30 ft to 20ft; and lot width from 80 ft to 50ft.

Mr. Smith: These are 4 variances.

Mr. Smith: Plnt?

Mr. Berbro: For plantings.

Mr. Smith: Any questions from the Board?

Mrs. Thompson: The front yard of 36ft to the porch, should that go to the stairs?

Mr. Oster: Yes it should; they are coming up quite a distance. The building is quite tall?

Mr. Berbro: Because of the topo.

Mr. Oster: Stairs to the front of the property?

Mr. Berbro: I don’t know; the architect he look at laws and …

Mr. Oster: …he left a few others off as well.

Mr. Mattatall: The stairs are permanent.

Mr. Smith: What the front yard needed is 35ft and 30ft in the rear.

Mr. Berbro: We can push it back?

Mr. Oster: I thought you could not. The topo is keeping you from going narrow.

Mr. Smith: The front yard to 25 ft; there are now 5 variances.

Mr. Smith: I Move to hold a Public Hearing for BERBRO MANAGEMENT on September 8, 2003 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

MGD Development Group, LLC.

Jennifer Van Tuyl: we have formal application that went before the planning board last week. We have 5 variances but site is large and with permission spend 5 minutes explainng the project to give you idea of what variances might be.

Ms Jennifer Van Tuyl, CUDDY& FEDER, LLP, Jack O’Connell, Robert O’Donnell and Robert Adamo, Ginsberg Dev. LLC.

J. O’Connell: MGD is an affiliate of Ginsburg Development – who build high end gated communities with offices in Westchester and Pomona and projects are coming into Orange County in Wallkill. We pride ourselves in customer satisfaction. The plan is the Fairways on Golf Links Road and has a mixed 217 units. We have a multitude of amenities, club house, games room, business center, fitness center, sports court behind pool, pool and top pool, sidewalks, bus stop within the community to drop off children for school bus, water feature. We worked with the topographics and do not want to not disturb the land as much as possible. There is one small wetland.

This is the conceptual entrance design – changes from initial design, water feature when you drive in and typical of communities with wood/stone fence; 3 lanes in and one out. Single family homes (referred to map) with views of the east portion overlooking the whole portion; single family on another road with views of the golf course. One item is land to build on but dedicated to the town for well protection. Other single family homes – up-hill condition using multitude of materials, siding, shingle, work with topo and drive in at basement and walk up to first floor. The up hill single family is side entry garage. The duplex side by side unit of multi level which is 2 units and along the golf course with views of the course and closer to Rt. 84. Another amenity to note is sound fence along 84 to help with sound from the highway. Uphill duplex is similar to single family and the topo works with the entrances. Town home building is a down hill building and located on a loop road with wider foot print and in higher density area. Another up hill town building drive on ground and walk up.

Mr. Smith: They run up to 35 feet in height? What about building separation?

Ms Van Tuyl: The roof height to compliment the area.

Mr. Smith: Not connected to OC GC?

Ms Van Tuyl: We have spoken with the OCGC and coordinating with adjacent land owners on regular basis.

These are a condo building – single level handi-cap accessible on 1st floor and 2nd and 3rd are bi-level units in the higher density areas. Also those have 2 parking lots for those buildings and additional provided throughout the site and we have worked with the planning board and consultants on this.

I mentioned we have been speaking with the Planning Board for over 8 months and they encouraged us to provide variety of types in residential markets for single, duplex and these area a condo project, privately owned with a home owners association.

The first variance is for fence height. The rules on fence height – only in set back of yard no more than 6 ft in height. Speaking with the Planning Board (PB) and the sounds from I-84 the fence under discussion is wooden double faced and will vary in height and at its highest is 14 feet. In lower part of the site it will vary and partially bermed with lesser height. The sound wall is being requested by the PB to address noise. To become more effective the recessing noise closer to the noise source. In the yard we need to comply with set back.

J. O’Connell: There is a line of site to 2nd floor windows so to block the line of site on 2nd floor.

Mr. Mattatall: From the topographic - you will not need the fence that high?
Ms Van Tuyl: We did not think we needed a fence there but PB asked for fence to this point (drawing) and within area there is rock out cropping and higher topo. We can provide more detailed drawings. We are concerned about keeping as many trees as possible. Berming requires trees so we are trying to be conservative as we can. Don’t want overly tall wall. You can put conditions on variances. We are not trying to attenuate sound as requested by the PB.

Mr. Mattatall: The drawings show the fence.

Ms Van Tuyl: From the noise test we did not necessary beyond 650 ft but the PB wants to see fence be longer just beyond this (map) building. As discussed today. We will agree to conditions you feel are necessary for minimum height.

The second variance is for building height:

There are 2 factors to highlight – we tried to comply with the topo here and one concern expressed of the site plan was that there was a lot of soil being moved around, steep slopes. Plan with units to take account of the grade or up hill units. To explain this, a lot of variance are a combination of 3 things: topo, provide good arch with step roofs and quirk in law require height be measured on side closest to the street.

Looking at it, down hill, with no variance even though there are steep roof peaks; full compliance. Up hill unit you see what happens law requires measure at tallest point from here; cant measure from average.

J. O’Connell: If we took out the hills they all would be the same height on average.

Ms Van Tuyl: In keeping with that – the down hill single family have no variance; 12 up-hill units need 6 foot variance 35 to 41; and drawing color coded to see up hill single as topo go up and require a 6 foot variance there. Also have variance on duplex on down hill and request minor 4 ft variance. You can see reason with dramatic roof lines which add to the design. Compare this to up hill situation, the variance is 8 feet more for 12 feet. Similar sate of affairs to townhouse buildings; down hill town house with 4 ft variance like duplexes; and up hill situation forced to measure from tallest point request 12foot variance. The topo and architectural and not having to do excessive grading to remove natural landscaping.

This is tallest and largest building which there are 2 located in center of the site by the pool. The PB asked consider this building type single level units that are HC and town house units above. We are asking for 10 foot variance and 3 stories from 2.5 stories. In addition, this has been reviewed by the jurisdictional fire departments.

Mr. Smith: Single family individual lots?

Ms Van Tuyl: No, it is condo owned.

Mrs. Thompson: There will be children in these units, they have sand boxes, toys and what will they do with those things?

Ms Van Tuyl: The developer has experience with similar situations. This type of project has 100 school children and is not an excessive amount and the home owners association have strict regulations. There is a tot lot and people can’t leave things out and about.

Mrs. Thompson: Recently we had an application for a garage and he had no room.

J. O’Connell: This is a life style community - we cut the grass. With plantings and permanent structures either communities allow a shed approved by the home owners assoc and want uniformity on the site. Sand box has to be approved to be put outside. Not that you can’t but has to be done in a nice fashion.

Ms Van Tuyl: First his comment about lawn maintenance to address the garage storage with lawn mower, snow blower, etc. no one has to have that.

Mrs. Thompson: I mean the children’s stuff – toys, bikes, and have to go someplace in the winter.

Ms Van Tuyl: Each has 2 car garage except for the interior units with 1 car and storage within the garage.

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