TOWN OF WALLKILL ZONING BOARD OF APPEAL
AUGUST 12, 2002

PRESENT:

J. Cieslewitz
J. Mattatall
W. Morgan
E. Oster
James Owen
O. Smith
P. Thompson

Joseph A. Owen, Esq.

MEETING OPENING:

The August 12, 2002 Meeting of the Town of Wallkill Zoning Board of Appeals opened with the pledge to the flag followed by the roll call.

The following corrections are to be made:

Pg 18 WALLKILL SEVEN Vote: In favor (aye) 3 Opposed (nay): 4
Pg 19 ROTUNDO Vote: In favor (aye): 7 Opposed (nay): 0

The Motion was made to accept the July 10, 2002 meeting minutes as noted; Seconded; All in favor; Motion carried.

The following Hearing Reviews were reviewed for September 9, 2003 and Public Hearings conducted, and voted upon as noted.

HEARING REVIEWS: September 9, 2002

ROBERT J. MASSARO: Request for an extension to existing deck from the required 30ft to 21ft; Six White Oak Ct (SEC 95 BLOCK 1 LOT 16); Designated R

Mr. Massaro: We want to add 16x16 deck and need 31 feet from end of deck. The Town owns 20 foot easaement of 50 feet. There is nothing behind me and the Town is looking to put up a 7 story apartment complex.

Mr. Smith: You have a deck and want 16x16 square deck?

Mr. Massaro: Yes.

Mrs. Thompson: Is this next to Red Oak?

Mr. Massaro: Yes. The pipe shows 20 feet and it is only 4 feet. Before it was a ditch with a 3 foot pipe in the back.

Mr. Smith: They still have the easement.

Mr. Massaro: They need 21 feet and they will have access.

Mrs. Thompson: Could the extension go the other way?

Mr. Massaro: Which way?

Mrs. Thompson: Other side of house?

Mr. Massaro: No. There is a pool there and it is next to the house.

Mrs. Thompson: It should be on the map so we can see.

Mr. Smith: I Move to hold a Public Hearing on September 9, 2002 at 7:30 pm or as soon thereafer as the matter can be heard; All in favor; Motion carried.

Mr. Smith: You will need to notify everyone within 300 feet of your property. Look in the THR later this week for the published Public Hearing Notice. Take that and copy it and mail it to everyone on the list you can get from the Tax Office. Mail it at least 10 days prior by certified or registered mail and bring the proof of mailings with you to open your hearing. The Assessor will have the list.

WILLIAM MORRISON:

Mr. Smith: We will need to have 8 copies of the plans for the Board, please.

Mr. Mattatall: Where is it located?

Robert Dickover, Esq. (representing Mr. Morrison): The variance is for 82-22 (c) for 82-19-D(2) for properties serviced by water/sewer and this has neither so it falls under (c) for 1.4 acres. The parcel has .865 acres on the map. I don’t know how you look at the variance.

Mrs. Thompson: We have an up-dated book.

Robert Dickover, Esq.: That is fine, it is in R-1.

Mr. Smith: Have you looked into hooking into water?

Ms Laura Metzger (real estate broker ): I have spoken to Middletown and they said it was possible,. Then the TOW said there was a similar case - please look at this (correspondence - and so they did). The City water sewer/water is the easiest route if they allow it.

Mr. Smith: Yes, if they let you hook in.

Ms Metzger: Initially they said it was fine.

Mr. Smith: You are proposing an above ground system?

Mrs. Thompson: It will run right into the street if it doesn’t work.

Robert Dickover, Esq.: The requirements are the same and needs 1.4 acres and we have .865 acres. 249-22-D(c).

Mr. Smith: Please continue.

Robert Dickover, Esq.: If you go down South Street towards Webb Road and make a left, the large estate on the left and this is immidetly to the left. The title was taken by Mr. Morrison’s father in 1961 and held it till his death and conveyed it to his death and her ½ interest to our client, Will. The date of ownership preceeded 1/96 and 1/98 was the deed to him.

Mrs. Thompson: The map says neighbor is ‘Carol’?

Laura Metzger: The mansion is by Buldock but they are no longer the owner and new owner.

Mrs. Tompson: No ‘Morrison’ owns it?

Laura Metzger: No.

Mr. Cieslewitz: How far from City line?

Laura Metzger: I think Buldock does have City services. We have to come here first and the variance would not be needed if that happened. You can do above ground but easier to hook up with city water and sewer.

Mrs. Thompson: Can you have someting from them to let us know.

Laura Metzger: I will continue and let you know.

Robert Dickover, Esq.: We can continue and open the hearing. If we get the approval we may not need a variance. I suspect the line is not that far into the property but water may be and if it is water we need the variance. The map from Middletown shows the lines.

Mr. Cieslewitz: How big?

Laura Metzger: 2-3 bedrooms has been engineered for. Can they put a log home?

Mr. Smith: I don’t think it matters.

Mr. Smith: You have curtain drain and engineer certify it will work to the back of the property if there is overflow. Curtain drain around septic which is up front and drife to the left.

Robert Dickover, Esq.: It is designed for 2-3 bedroom home based on cost. Decision made by Mr.Morrison which he would approve. It is still an area variance.

Mr. Thompson: Did Mr. DePew sign septic?

Robert Dickover, Esq.: Yes.

Mr. Mattatall: Did the City discuss it with you in detail?

Laura Metzger: Basically they said it was fine but we are waiting to meet with them as they don’t meet in the Summer.

Mr. Smith: You have not gotten that far with them yet.

Mr. Smith: I Move to hold a public hearing for William Morrison for September 9, 2002 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

Mr. Smith: You will need to notify everyone within 300feet of your property. The notice will appear in the THR later this week. Take the notice and copy it to everyone on the list you can get from the Tax Office. It needs to be mailed by certified or registered mail at least 10 days prior to the hearing date. Bring the proof of mailing with you to open the hearing.

Robert Dickover, Esq.: You need 6 more copiesof the plans.

JOHN CLARK: Request for a road width from 100ft to 96.8ft; 28 Miller Heights (SEC 64 BLOCK 1 LOT 17.224); Designated R-2.

Mr. Clark: we were sent here for the property and it 96.8 feet.

Mr. Smith: Is that at the center of the road?

(To J. Owen, Esq.): They told him for lot width but does he need to be here?

J. Owen, Esq.: Where do you see its over 100?

Mr. Smith: It comes out over 96ft. which is at the center of the road.

Mr. Smith: If you go to pins its more than 100 feet at that point; don’t know the history.

Mr. Clark: I did not know pins were in center of road until it was surveyed.

J. Owen, Esq.: I recommend he go ahead with this application.

Mrs. Thompson: How do we identify it?

Mr. Clark: There is a big culvert. One neighbor is John Miller on one side but don’t know the number. There is big pile of brush.

Mr. Smith: I Move to hold a Pubic Hearing for JOHN CLARK for September 9, 2002 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

Mr. Smith: You will need to notify everyone within 300 feet of this property of the hearing. Take the notice that will appear in the THR later this week and copy it and send it to everyone on the list you get from the Tax office. It must be mailed by certified or registered mail at least 10 days prior and bring proof of mailings with you to open thehearing.

IMPERIAL GARDENS ASSOC.: Imperial Gardens Assoc.

Mendel Rosenbaum: We want to replace the monument sign and need a variance.

Mrs. Thompson: How larg a sign?

Mendel Rosenbaum: It is 6 x 10ft sign. Now I have 3 x 5 sign which is much too small. This is on Rt 211.

Mrs. Thompson: Where is it?

Mendel Rosenbaum: Towards the entrance.

Mrs. Thomopson: This needs to be noted on themap.

Mendel Rosenbaum:: 20 feet. And want it to be 6x10 feet. In the exact same location.

Mr. Owen: Where is sign on map?

Mendel Rosenbaum: It is not there I did not know it had to be. It is 20 feet from the street and in same location. Will not cause problems.

Mrs. Thompson: How high?

Mendel Rosenbaum: 6 feet high. If you see the picture.

Mr. Mattatall: Is it lighted?

Mendel Rosenbaum: No, and not higher. It is just a bit too small.

Mr. Smith: you are requesting from 20 to 60 sq/ft.

Mr. Mattatall: You need to change the square footage and maximum height above the grade. Your reason is that people can’t find it and it’s a little dangerous as they drive by plus you have trees and bushes there.

Mr. Smith: We need 8 copies of this (drawing to scale).

Mr. Smith: I Move to hold a Public Hearing from September 9, 2002 at 7:30 pm or as soon thereafter as thematter can be heard; Seconded; All in favor; Motion carried.

Mr. Smith: You need to notify everyone within 300 feet of the property. Obtain list from Tax Office here at Town Hall. The Notice will appear in the THR later this week. Take the notice, copy it to everyone on the list at least 10 days prior to the hearing date by registered or certified mail. Bring with you the proof of mailings to open your Hearing on the 9th.

PUBLIC HEARING:

KENNETH ROSSI: Request for a variance of 249-19-D (side and rear yard set back) for removal of existing trailer and build new home; Property located at 46 York Road; (SEC 3 BLOCK 1 LOT 104.24); Designated RA.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Notice was read at 8:27 pm.

Mr. Smith: I Move to open the Public Hearing at 8:28 pm.

Mr. Smith: Any questions from the Board?

Mr. Smith: Is the builder here?

Mrs. Thompson: Did you inquire about more property from Vanoy’s?

Mr. Benjamin Salzano: Yes I did but he is working on dealwith someony else. Small lot for sale and he was negotiating with him.

Mrs. Thompson: Is that lot wet on the right hand side?

Mr. Rossi: Its lower but not wet.

Benjamin Salzano: The land on the right of yours is wet .

Mrs. Thompson: I’d like to see some property to make it larger.

Mr. Oster: I have difficulty with that size home on that lot. As far as side yards it could be alleviated with smaller home. Maybe to large a home on the lot.

Mrs. Thompson: You have just about a half acre and like to see more from the neighbors. How large is theirs.

Mr. Rossi: He owns quite a bit both sides and in back.

Mr. Smith: You submitted 2 story colonial? Would you consider smaller?

Benjamin Salzano: I need at least 3 family for me and my family.

Mr. Owen: I was thinking about the septic that is there now.

Mr. Smith: They have to meet the requirements.

Mr. Oster: Would you consider holding this over and seeing if you can obtain more property?

Mr. Smith: It is pretty small for what you want to do. You are asking for 4 substantial variances on the lot. Is there anyone from the Public here to speak to this?

Public: There is a trailer on it now decreasing others values now.

Mr. Smith: You are changing the width, depth and area.

Mrs. Thompson: They probpably had one bath in the trailer.

Public: It is for 2 bedroom how many bathrooms?

Mrs. Thompson: You will have more affluent with a family than one person. The person who owns it may want to sell on the one side.

Benjamin Salzano: That is what I am trying to negotiate.

Mr. Smith: I Move to continue Public Hearing to September 9, 2002 at 7:30pm; Seconded; All in favor; Motion carried.

Mr. Oster: A letter from Mr. Vernoy could say what the situation is.

Mr. Smith: If they broke that out before they should be willing to upgade the lot.

Benjamin Salzano: I need 3/4 acres?

Mr. Owen: I will look it up - you need total of 3/4 acres.

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