Mr. Smith: Any comments from the Public?
Dorothy
Wattlin: 75 Brookline Avenue: According to this the side yard
is 11 feet from the property line and front is 13 feet. This is
a corner lot. With traffic and children how is a car at 30 mph
going to see if a structure in the way. Dangerous to be that close
to the road. All the other houses on Brookline are 35 feet and
this is 11?
Mr.
Smith: 36 feet is from Brookline and there are stop signs there.
The other homes are set back.
Mr.
Oster: It is in line with the house adjacent to it or a foot or
two in front.
Ms
Wattlin: There are wetlands in the back there. My main concern
is the setback.
Mr.
James Owen: You are looking at the side yards.
Ms
Wattlin: The 24 ft wide by 100 feet long was mentioned from someone
in the area.
Mr.
Smith: Thank you for your comments.
Mr.
Smith: Any further comments from the Public? (no)
Mr.
Smith: Any comments from the Board?
Mr.
Smith: It is in line with what we have approved before and minimal
request and in keeping with the neighborhood.
Mr.
Smith: I Move to close the Public Hearing at 9:33 pm.; Seconded;
All in favor; Motion carried.
Mr.
Smith: I Move to grant the following variances of 249-22-D: 1)
lot size from 12,500 sq/ft to 6,890 sq/ft; 2) lot width from 80ft
to 50ft; 3) front yard setback from 35ft to 12.8 ft; and, 4) side
yard from 15ft to 11ft; Seconded.
DISCUSSION:
(None)
VOTE:
In favor: 6
Opposed 0
DECISION:
Mr.
Smith: The variances are granted, please see the building department.
JANOS & NADEZDA LECEI: Request for a variance of 249-19-D
(side yard reduction) from 60ft to 31ft; for property located
on Bart Bull Road (SEC 46 BLOCK 1 LOT 46); Designated RA.
Mrs.
Thompson: The mailings were reviewed by the Board and filed by
the Secretary. The Public Hearing Notice was read at 9:38 pm.
Mr.
Smith: I Move to open the Public Hearing at 9:39 pm.; Seconded;
All in favor; Motion carried.
Susan
Plass: We are wanting a side yard variance from 60 to 31ft. I
would like ruling on this. I have info on the dwelling they have
selected to build. On north east there is a dwelling and the south
is the Goshen school district and wetlands. There is a 40 foot
minimum to the neighbor and a wetland variance on the side. It
will be a one story house and permanent residence and they don’t
want 2 story house as one has trouble getting around and the son
is across the street.
Mrs.
Thompson: In the pond?
Susan
Plass: Across the street and down 2 lots. Federal wetland.
Mr.
Oster: It is 79 feet wide.
Susan
Plass: A 29 ft side yard lot variance.
Mr.
Smith: The lot has been the same for over 20 years.
Mr.
James Owen: The variance is to the new zoning; a 100 feet now.
Mrs.
Thompson: You started then stopped why?
Susan
Plass: I don’t know anything about that. I am not the owner.
Mr.
Smith: They searched it out because the son is nearby?
Susan
Plass: The son owns across the street and want to build in the
same neighborhood.
Mr.
Morgan: We can only vote on one tonight.
Susan
Plass: I would like ruling on this one as the predominate one.
Mr.
Moran: We can hear all three next month.
Susan
Plass: If this is a problem why should they come back? Would like
to keep the public hearing open then.
Mr.
Oster: The meeting before a lot was not a lot of information given.
No one ever identified the property. At last month’s meeting
said it was ‘other side of bridge’ but did not know
where it was.
Susan
Plass: There are stakes on the lot.
Mr.
James Owen: I had to come to look it up from the town records.
Susan
Plass: I am sorry for confusion. He should have had 30 ft.
Mr.
Oster: Why such a wide building?
Susan
Plass: They want single story.
Mr.
Oster: Longer building. You can reduce variances you need. If
it was 50 feet wide then looking at 100 ft and you are there.
You are talking about a foot or so not 29 feet now or even if
60 feet.
Mr.
James Owen: You are creating you own hardship.
Mr.
Smith: Do you have date of ownership?
Susan
Plass: I don’t know.
Mrs.
Thompson: They have had it since 2000.
Mr.
Smith: Any comments from the Public?
Douglas
C. and Elaine McCombs, Jr., 532 Bart Bull Road: Those 2 pieces
were bought on back taxes and is across from mine and to the right
of my drive. They filled in the land and the DEC was involved.
It is flagged as wet lands. I spoke to the DEC tonight.
Mr.
Smith: You have streams coming across the road and to the land
and to the railroad and the same on the other 5 acres.
ElaineMcCombs:
And how much fill they put in a few years ago and it is still
wet. It’s a lake there.
Mr.
Smith: They bought it for back taxes.
Mr.
McCombs: It is wet and was flagged but they are down now.
Mr.
McCombs: It is nothing but a swamp in there.
Mr.
Smith: Thank you.
Mrs.
Thompson: Is that a letter from the DEC.
Susan
Plass: The DEC walked it in 1991 and we can get a letter from
them.
Elaine
McCombs: I do not approve of the variance it is too much. Is everyone
going to come in to the swamp and move. Too close to the land.
I have a septic system in there. Where will it run?
Susan
Plass: It is designed to NYS health codes.
Mr.
James Owen: Wetlands are marked on the map.
Mrs.
Thompson: Do you know if we can get something from the DEC if
they shut the job down?
William
J. Wolfe, Esq.: Yes.
Susan
Plass: The DEC wetlands are on the son’s. The closing of
lot was the son I believe.
Mr.
McCombs: The back hoe is there and the stream across the road
son put in road and it is all blocked.
Mr.
Smith: Why does Goshen school have piece?
Mr.
McCombs: The piece was perhaps wanted to be in Goshen school district.
Mr.
Smith: Why do they own the land? They should have been named.
Mr.
Smith: It is new construction and narrow lot and it could be smaller
house and meet zoning.
Mr.
James Owen. No.
Mrs.
Thompson: Why did they not continue with the back hoe.
Mr.
McCombs: $85,000 for the 2 acres of land but could not get a perk.
You could not get it and no one wants to spend that much for land
you can’t get a perk on. Both sides with streams all around
and across.
Mr.
Smith: I will only address is side yard. It is new construction
and no hardship. They purchased it as a tax sale 3 years ago and
personally don’t think they want to live there as they generally
don’t.
Susan
Plass: 2000 what was the zoning?
Mr.
James Owen: It was 80.
Mr.
Smith: It is a self created hardship. Because of the soils you
have area variance with the acreage itself and you have problem
with both side yards.
Susan
Plass: No, the 44 on one side. 40 and 60 ft. What about lot width?
Mr.
James Owen: It is 60 to 31 for 29 feet.
Mr.
Smith: Tax sales are bought as investment.
Susan
Plass: This is what they have told me.
Mr.
Smith: It is self created.
Susan
Plass: The code when they bought it and now have them chop 9 feet
off the house. I just heard people get variances.
Mr.
Oster: They have water and sewer.
Mr.
Smith: We ask on septic and everything has to be engineered to
that. They are not obsolete.
Susan
Plass: He has swamp in the back yard; nothing he can do about
first 2 variances and can probably have him chop it. If they can
get zoning to time it was purchased I can get him to chop 9 feet
off.
Mr.
Oster: Do you want us to vote on the 20 feet variance?
Susan
Plass: You want another 9 feet and put them out of 2 variances
with 40 feet next to a swamp.
Mr.
Oster: …nothing with 60 foot building and give 10 feet variance
versus 20.
Mr.
James Owen: What are the sizes of the lots adjacent. I am curious.
Susan
Plass: One is owned by Goshen School District and a dwelling on
one piece.
Mr.
Smith: This (map) is a good sized lot.
Mrs.
Thompson: He can find out from the DEC if they were shut down.
Susan
Plass: What difference does that make if they are being fined?
Mrs.
Thompson: I want to know why have they not proceeded and why the
back hoe. They start and then stop.
Susan
Plass: I believe this is the piece; the son’s place may
be the one shut down. I don’t know for sure.
Mrs. Thompson: I want to know.
William
Wolfe, Esq.: If the DEC says it is DEC they may have their own
distance.
Susan
Plass: The DEC walked it with Mike Norwicki.
William
Wolfe, Esq.: The DEC information is needed.
Mr.
Smith: The side yard is 40ft. Do you want us to vote on that.
Susan
Plass: Yes.
Mr.
Smith: I Move to close the Public Hearing at 9:59 pm; Seconded;
All in favor; Moiton carried.
Mr.
Smith: I Move to grant the following variance of 294-19: 1) reduction
in side yard from 100 ft to 80 ft (each 40ft); Seconded.
DISCUSSION:
(None)
VOTE:
In favor (aye): 2
Opposed (nay): 4
DECISION:
Mr.
Smith: The variance is denied.
Susan
Plass: Why is how it is purchased relevant?
Mr.
James Owen: It is not relevant but they are creating their own
hardship.
Susan
Plass: It is only 150 feet wide.
Mr.
James Owen: They need more variances.
MEETING CLOSE:
Mr.
Smith: There being no further items to be presented to the Zoning
Board of Appeal, I Move to close the Meeting at 10:03 pm; Seconded;
All in favor; Motion carried.
TSB:jcd
TOWN OF WALL KILL ZONING BOARD OF APPEAL
DECISION SHEET
AUGUST
11, 2003
STRAM
DEVELOPMENT /
PAUL HALPREN: Continued from 7/14: Request for a variance of 249-19-B
(lot area from 2.0 acres to 1.212 acres; 2) depth from 300 ft
to 200ft); Property located on Yereance Drive (SEC 7 BL 1 LOT
61.11); Designated RA.
DECISION: Variances granted.
ANTHONY P. FLYNN, SR: Request for a variance of 249-8-A-1 (accessory
building) from 5ft to 0ft; Property located at 323 Highland Avenue
Ext. (SEC 38 BL 14 LOT 14); Designated R-1.
DECISION: Variance granted.
JOSHUA SILKMAN: Request for a variance of 249-22-D: 1) lot size
from 12,500 sq/ft to 6,890 sq/ft; 2) lot width from 80ft to 50ft;
3) front yard setback from 35ft to 12.8 ft; 4) side yard setbacks
from 15ft to 11 ft; Property located on Victory Street (SEC 75
BL 9 LOT 1); Designated R1.
DECISION: Variances granted.
JANOS & NADEZDA LECEI: Request for a variance of 249-19-D
(side yard reduction) from 100ft to 80ft; for property located
on Bart Bull Road (SEC 46 BLOCK 1 LOT 46); Designated RA.
DECISION: Variance denied.
TECTONIC ENGINEERING &
SURVEYING CONSULTANTS, PC. Application withdrawn.
