Ms Van Tuyl: There is a children play area on the project.

Mr. James Owen: 3 story? Wood frame?

J. O’Connell: Yes and it is sprinklered.

Mr. James Owen: State law says 2 story.

Robert Adamo: New building Code 3 and 4.

Ms Van Tuyl: We will confirm this. Code says twice height of elevation. The first is to determine facing elevation means.

Robert Adamo: The new building codes allow this R-2. 4 story with sprinkler.

Ms Van Tuyl: We will confirm that too.

Mr. Smith: Condo with single attached houses, duplexed houses, apartment style town houses.

Mr. Smith: Is this going to extend to Wawayanda?

J. O’Connell: Adjacent to line.

Mr. James Owen: Speak with building inspector on this?

The third variance is for separation between facing eleations.

Ms Van Tuyl: There is no objection to this.

J. O’Connell: The variances to the up hill elevation the up hill are taller and twice the height.

Ms Van Tuyl: Comes back to the unusual way the Code starts measure. With these 4 buildings there is a 7 foot variance.

We have based our analysis on belief from the way your code defines height only allows for height from front of the building so with facing elevations to mean front on one building facing the front of another. Facing elevation is face of a building. One other detail mention is distance (map) if measure across street several feet of the building across is a set back and meets the requirement.

If you interpret it differently other than at elevation facing the street as apply to any building facing another building we need more variances. It does not make any sense with 50 feet. Both because face is front and 2ndly because measure is at front of building and another interpretation would create vast variances. Many definitions use average grade of the buildings. On the first look looks like a lot of variances. We want to preserve area.

The fourth variance relates to one single family (on map) and some single family on the border. This is variance you have seen before for set back variance for a deck. The code varies with house on level with terrace or deck and needs no variance if not more than 1 foot; the down hill slopes in back towards golf course. Reduced drawings and show 12 units along where we need variances to allow deck encroach into the yard. The drawing we submitted has been updated after meetings with the PB. I want to say the site plan is conceptual and see several types and buyer may select one or the other and in request shown most worse case instance with deepest possible for maximum variance. Key question is what will it look like (drawing)

Mr. Smith: We need to know what is being requested by each variance and to what they apply to (which buildings).

J. O’Connell: Variance per variance?

Mr. Smith: For each height variance which building and for each deck set back – which buildings.

Mr.. Mattatall: We need to know which is where.

Mr. Smith: We will have the public hearing next month.

Ms Van Tuyl: We will do that.

Ms VanTuyl: One question raised was what is the impact on the golf course. We have shown this view and analysis to show what the impact is on golf course (drawing). We have woods (darker green) and golf course and club house. We have existing property has woods. With the elevations, the view will not be unsightly.

The fifth variance has to do with the unique concept of R1 zone relating to development of single family condo and I am not sure if you have had this before.

Mr. Smith: We may not have single family condo in the area.

Ms Van Tuyl: In addition to other requirements, a section refers to cluster grouping of units. Its important to know what they are. First if there are cluster grouping have 50 feet between; not more than 10 in a group and not more than 5 units in any continuous row. The PB was confused to what this means. We think we know what it means and (drawing) there has to be distance between and interest in street scape. We talked to the PB for 7 months to get features into the plan to make sure that does not happen. We don’t think we have cluster, no monotonous street scape, many features on plan avoid monotony with planted islands, nothing is straight and continuous and submit we don’t have any cluster trouping because flowing street scapes. Understand we developed the site because its not a rectangle and no other way to develop than what we have. We request you concur with our conclusion and the PB is still is in review process, the PB persuaded the plan offers interest in street scape and not monotonous. I believe they will not object to interpretation that you agree we don’t have cluster. If not, you have to decide where the cluster homes are. We can slash the line where the groupings are and we can define groupings to they don’t exceed 10.

Mr. James Owen: Any high density is cluster. You put more homes in an area than you could homes. It is all cluster as its all high density.

Ms Van Tuyl: We are not asking for density variance. I think there is loose term of art we all speak of – anything that is not a grid of sub division is in some sense a cluster. This is highly tech term ‘a cluster group of units’. We don’t think there are separate cluster groupings because the whole has been planned as a whole. If you endorse that interpretation that’s all you have to do. The other questions of how many, etc. you don’t have to reach those. If you do you will have to address them.

Mr. Mattatall: One issue was with cluster is the cul de sac.

Mr. Smith: We have a definition of cluster in the book.

Ms Van Tuyl: The plan as we mentioned was reviewed by the fire department and the PB on the issue of access. We have extremely boulevard entrance and numerous boulevards on the site and to assure there not lack of access. We have provided emergency connection on one side and potential future access here (drawing) for future development. We have done everything PB has addressed thus far.

Ms Van Tuyl: Any further questions on the plan please let us know.

Mrs. Thompson: In the narrative on Golf Links road what is too high?

Ms Van Tuyl: No more fence.

J. O’Connell: It is a retaining wall and is more than 6 feet tall.

Ms Van Tuyl: It is 8 feet; the retaining wall is 8 feet. Code exempts anything up to 6.

J. O’Connell: The topography goes downhill into the road and if we left it could not hold road in place.

Ms Van Tuyl: Ms we mentioned it in an attachment. We have application 1) is fenced height of 2 instances 6 to 14ft and this 6 to 8ft in retaining wall in the front. One item missing is reduced drawing of deck setbacks.

Mr. Smith: We need it within the next week.

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.

Harold and Kathleen Card

D. Yanosh: This is a 22 acre parcel on Van Burenville Road and in a R2 zone and he lives in middle lot. He bought the remaining 22 acres in 2001 and in back mostly fields and has map. We went to Eustace and Horowitz for house on lot #1; when got engineering went to Planning Board (PB) for a 2 lot sub division. The PB on 7/2 refused it because lot is 200ft minimum lot changed and have 158.2 and pond in front is on property and want to preserve stone wall and remaining wall; farmed on both sides and lot 1 has a house and variance 200 to 158.2 for house sits. Its natural and been there for many years. If move out 50 feet. We want to divide house from 22 acres. Existing is 3.12 and width is too small.

Mr. James Owen: Why not move the lot line.

Mr. Card: Mr. Keller has farmed it for 38 years and we lived there for 42. New laws bring us into the field. I don’t want him working this field. The wall should be left. The whole place has divisions of rock walls.

Mr. Smith: you can move lot line and

Mr. Yanosh: The hardship is it’s a natural boundary. Nothing we put there.

Mr. Oster: Why is the fence the boarder line.

Mr. Smith: Do you want a Public Hearing?

Mr. Yanosh: Yes.

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.

Mr. Oster: Can you see the construction from the road?

Mr. Yahosh: No; Ingrassia to the left. 74 is on the mail box.

Henry Lust, Jr.

Applicant: I am getting married and my fiancé has the house and we have 4 feet concrete porch and want to extend on front to make it go along the house and its 17 feet and put porch on front.

Mr. Smith: Is there a proposed wood deck?

Mr. Lust: Yes. The variance is 21.5 on 35ft it should be 20.5. Plan to put roof with spindles.

Mr. James Owen: The over hand does not apply.

Applicant: We want to extend porch and put bigger front porch.

Mr. Smith: You have something making it longer?

Applicant: We are in process of doing that now and is approved. The house does not conform to the setbacks before zoning.

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.

PUBLIC HEARINGS: August 11, 2003

ANTHONY P. FLYNN: Request for a variance of 249-8-A-1 (accessory building); Property located at 323 Highland Avenue Ext. (SEC 38 BL 14 LOT 14); Designated R-1.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 9:20 pm.

Mr. Smith: I Move to open the Public Hearing at 9:21 pm; Seconded; All in favor; Motion carried.

Mr. Smith: Please present your application.

(presented the power of attorney to present the application from Anthony Flynn)

David: There was a garage built on the property and from the Town Building Department about 25 years ago and no CO. I am purchasing it from Anthony who is a Marine and he is a friend. It is framed out and been there for years.

Mr. James Owen: The lots are narrow and others are similar in closeness to the lines.

Mr. Oster: The lawn needs cutting and the garage is in good shape. I’s like to hear from any neighbors that are here. (he left)

David: He left.

Mrs. Thompson: It is similar on both sides.

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

Mr. Smith: Any questions from the Board?

Mr. Oster: What is the concrete slab for?

David: There’s a maintenance shed and it’s a metal shed has been there.

Mr. Oster: The concrete pad?

David: It is a cover for water/sewer noting there built on it.

Mr. Oster: Can a replacement of the shed can be a condition?

David: Yes.

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

Mr. Smith: I Move to close the Public Hearing at 9:25 pm.; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance of 249-8: set back from 5 ft to 0 feet; Seconded.

DISCUSSION:

Mr. Smith: I see no problem with the variance being requested.

VOTE:

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

DECISION:

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

David: I will take the shed down and then replace it in the future.

TECTONIC ENGINEERING & SURVEYING CONSULTANTS, P.C.

Mrs. Thompson: The Applicant withdrew their application.

JOSHUA SILKMAN: Request for a variance of 249-22-D: 1) lot size; 2) width; 3) front yard; 4) side yard setbacks; Property located on Victory Street (SEC 75 BL 9 LOT 1); Designated R1.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 9:27 pm.

Mr. Smith: I Move to open the Public Hearing at 9:28 pm; Seconded; All in favor; Motion carried.

Mr. Silkman: We are requesting a variance to build a house on Victory and Brookline Avenues.

Mrs. Thompson: This is a typical Mechanicstown lot.

Mr. Oster: It’s a corner lot.

Mrs. Thompson: It is awfully wet - does that bother you?

Mr. Silkman: No, there are 2 pipes there.

Mr. Oster: The size - how is that?

Mr. Silkman; We are very flexible.

Mr. Smith: I don’t have the set backs here.

Mr. Oster: Which is the rear yard? You have to declare one of the 2.

Mr. Silkman: driveway…

Mr. Oster: …45 foot to the rear…

Mr. Smith: ….45.8 feet between proposed and back lot.

Mr. Oster: When you have a corner lot you have to determine which is the front yard.

Mr. Smith: The 45.8 ft dimension is from back of proposed house to south east line is the rear yard.

Mrs. Thompson: This is your garage (drawing) how do you get into it.

Mr. Silkman: From Brookline.

Mr. Smith: There is some sort of pipe here?

Mr. Silkman: I am not sure.
Mr. Smith: They show a swale. It looks like pipe here.

Mr. Silkman: It is lower so it will be filled in.

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