TOWN OF WALLKILL ZONING BOARD OF APPEALS
MEETING
SEPTEMBER 9, 2002

PRESENT:

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

Joseph A. Owen, Esq.

MEETING OPENING:

The September 9, 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. 7 KENNETH ROSSI - sixth line from bottom - 3 bedroom house
Pg. 8 KENNETH ROSSI - fifth line from top - effluent

The Motion was made to accept the August 12, 2002 meeting minutes as noted; Seconded; All in favor; Motion carried.

The following Hearing Reviews were reviewed for October 21, 2002 and Public Hearings conducted, and voted upon as noted.

TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002

Barrett

Mr. Smith: Tell us what you are asking.

Mrs. Barrett: We're building a deck over, we have a concrete patio currently. We're building a deck over the concrete patio and we will require a five foot variance for that.

Mrs. Thompson: Is it just over the patio?

Mrs. Barrett: Yes.

Mr. Barrett: I think we are in R-1 and it didn't comply with the zoning.

Mrs. Barrett: We are in Canterbury Knolls.

Mr. Mattatall: How much further behind the building is this referenced to?

Mr. Barrett: It will just covering over the existing patio.

Mrs. Barrett: And it will extend six inches beyond the concrete patio.

Mr. Smith: I Move to hold a Public Hearing on October 21, 2002 at 7:30 P.M. or as soon thereafter 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 Times Herald Record 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 Assessor's Office. Mail it at least ten 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.


Aerodrome

Mr. Grillo: I'm here on behalf of the applicant, Aerodrome Development. You are all familiar with Randall Airport. They are located on a parcel of land which is approximately ninety acres in size. Approximately thirty acres of that property is currently being utilized



TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002

and owned by Aerodrome. Approximately thirty acres is currently being utilized by Randall
Airport for airport purposes. By way of history if I can give you a brief summary Randall Airport Aerodrome through the person of Charles Brodie has received various grants to improve the airport. The FAA as a condition of those grants has required that Charles and Aerodrome subdivide the property with the two lots. One lot being the area in which the airport property has been approved for airport purposes and the balance of the property is being designed by Charles and Aerodrome and those associated with Aerodrome to constitute an airport community. I think as depicted by the maps, I can show you how the property is going to be utilized overall.

Mr. Cieslewitz: The property has how many acres, you said?

Mr. Grillo: The current lot is ninety acres. We are in the process of subdividing it into two lots. The subdivision approval essentially was granted

Mr. Cieslewitz: How much for the airport?

Mr. Grillo: The airport is going to consist of approximately twenty seven plus or minus acres. The balance of the property is going to be used for the airport community as shown on the map. The map shows how the property is divided up and improved. When we went in for subdivision approval basically in order to obtain subdivision part of what we requested as an improvement. We will back up even more than that. Prior to going into the subdivision approval we obtained approval for an apron, an airport apron which is going to be located within fourteen feet of lot #1. The apron is located on lot #2 and it's within fourteen feet - the problem that we encountered is that, it is a self-imposed problem. Approximately fourteen or fifteen years ago a restriction was placed into the zoning that required that no aircraft could be operated less than one hundred feet from the enjoining property line. Essentially, it's a noise regulation. It's to prevent noise from bothering anybody along the adjoining property who is a part of the airport community. This configuration was never foreseen at that time. In actuality the people who are going to be utilizing the land and being within one hundred feet of the apron, will be part of the airport community. The intention is to develop this property so they are going to be owned by the property.

Mr. Cieslewitz: I'm very familiar with the airport.

Mr. Grillo: It will be improved in the very near future. The objective of the overall project is to provide access to private homes that are going to be built on the other sixty acres. In order to do that As far as the apron is concerned what's going to happen is that some planes

TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002

are owned by homes in the area. Some homes are going to have the option of parking their planes on the apron. The planes taxi onto the apron and basically back into the space that will be closest to the adjoining property line of lot #1. The people who are actually going to have houses on lot #1.

Mrs. Thompson: And what about the other houses?

Mr. Grillo: That's actually property not part of the two lot subdivision. These are the houses that will have their own hangars.

Mr. Cieslewitz: I'm having a hard time with the acreage for the airport.

Mr. Grillo: The FAA has been giving us grants to improve the airport. It's not actually Charles or Aerodrome that is seeking the two lot subdivision as much as it is the FAA. The FAA said we're going to give you grants. We want to know exactly what is airport property and exactly what is not going to be utilized for airport purposes. So the design of the airport has already been approved by the FAA. They are satisfied. It is that one hundred foot requirement that is causing us the problem. That apron will be approximately fourteen feet from the boundary line but in addition to that and perhaps more importantly is that the individuals who will be buying these homes to be able to taxi from the runway on to their property and be able to actually put their planes in their own hangars. Similar to a marina and similar to houses on a golf course.

Mrs. Thompson: Will the hangars open up?

Mr. Grillo: You will actually be able to taxi on to the property.

Mr. Smith: The only variance is the one hundred foot exterior lot line.

Mr. Grillo: The only variance we are requesting is only as it relates to the boundary line between lot #1 and lot #2. It is only for the interior of this property.

Mr. Mattatall: Is this approved yet? You don't have subdivision?

Mr. Grillo: Subdivision was approved subject to the variance. We received Planning Board approval for the apron.



TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002
Mr. Smith: I Move to hold a Public Hearing on October 21, 2002 at 7:30 P.M. or as soon thereafter 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 Times Herald Record 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 Assessor's Office. Mail it at least ten 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.


Selfco

Mr. Myrow: I'm here on behalf of the applicant. It's an application for area variances with respect to an additional storage building, self-storage unit building, on the easterly boundary of the property.

Mr. Smith: It's not the one on the corner? It's the second one in?

Mr. Myrow: The second one in. We designated along the northerly boundary as the rear setback because we treated this as a corner lot. In my research this parcel was subject to a variance that was granted by this board in 1995 and that northerly line the setback was reduced by that variance from fifty feet to twenty feet and it was treated as a side yard. In any respect it was that rear line has a twenty foot setback by variance. We are coming in to ask to increase that non-conformity by a foot and a half. The reason why we're with that particular number is because these storage units measure out in ten foot increments and we've lined up the front with the southerly wall of that building with the existing wall to the west.

Mr. Smith: In other words, you can't slide the building around?

Mr. Camale: We may be able to do that. It just happened to lay out that way. We're not here just for that purpose.

Mr. Myrow: The other variance is for what we've designated as the side yard which is the easterly line and we provide 10.3 feet with a required fifty foot setback for the side yard.

Mrs. Thompson: You are putting in that long building?


TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002
Mr. Myrow: Yes.

Mr. Camale: The one that says 1,675 square feet in parenthesis.

Mr. Myrow: There are two new buildings shown on the plot plan. We're only dealing with the one to east.

Mr. Camale: Where it says to the right Orange & Rockland Utility, they own that land.

Mr. Smith: So, the side line you're going from fifty down to 10.3 feet?

Mr. Myrow: Correct.

Mrs. Thompson: Is that so you can get more buildings on the land, correct?

Mr. Myrow: We are covering the maximum lot coverage. We are belong the maximum lot coverage. As we set forth in the application I think we've demonstrated that the side setback is not going to impact on the Orange & Rockland property at all. That property is basically for the purpose of maintaining transmission lines. It is not going to be improved. It is not going to have any adverse impact upon the Orange & Rockland property. I will note that the previous variance in 1995 went from fifty to twenty feet along this northerly line and going from fifty to ten feet along this easterly line where there won't be an impact on the neighboring parcel. We feel it is not substantial.

Mr. Smith: I Move to hold a Public Hearing on October 21, 2002 at 7:30 P.M. or as soon thereafter 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 Times Herald Record later this week for the published Public Hearing Notice. Take that and copy it and mail it to everyone on the list you get from the Assessor's Office. Mail it at least ten 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.


Elliott

Mr. Smith: Did anybody tell you why you had to come to us?


TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002
Mr. Elliott: Yes. I had to come in because we don't have enough square footage.

Mr. Smith: Lot area.

Mr. Elliott: Yes. We don't have enough square footage.

Mr. Smith: I guess you own the lot and want to put a house on it?

Mr. Elliott: Yes.

Mr. Smith: Two or three bedroom?

Mrs. Elliott: Three.

Mr. Smith: You want to go from 12,500 square feet to 9,600 square feet for lot area and a side yard from fifteen feet to ten feet.

Mr. Elliott: Right.

Mr. Smith: I Move to hold a Public Hearing on October 21, 2002 at 7:30 P.M. or as soon thereafter 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 Times Herald Record 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 Assessor's Office. Mail it at least ten 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.


Stack

Mr. Stack: This lot is sold. It is on the corner of Willow and Ridgewood in Mechanicstown. We bought it about thirty or forty years ago. It is 74 x 125. We could be putting up a three bedroom, one and a half bath, bi-level. The house will face Willow. I have to get approval by you.

Mr. Smith: We should have a better plot showing what you want to do. All you have is a copy of an old map.

TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002

Mr. Stack: Right. I don't build any more. I just sell the land.

Mr. Smith: Before we grant a variance you should have, we will require to have a plot plan showing what your proposed improvements are and specifically what the variances are for. Somebody should come up with a proper plot plan.

Mr. Oster: Showing rear yard, etc.

Mr. Stack: Side yards, etc.

Mr. Smith: You can draw it yourself by have it some what to scale.

Mr. Stack: Right.

Mr. Smith: I won't go ahead with a Public Hearing without a plot plan showing the location of the house and the driveway and showing the setbacks. Right now, you're asking for two front yards setback from thirty five feet. That is the only variance you are looking for.

Mr. Stack: Yes because it is a corner lot.

Mr. Smith: Get a better plot plan to us.

Mr. Smith: Application will be held over to October 21, 2002.


Beamesdorfer

Mr. Beamesdorfer: With me is Dan Yanosh my surveyor. I'm looking for a variance to have accessory buildings larger than 28 x 28 feet. We have a proposed house that's currently with the Building Department for a building permit application. What we would like to do is further back on the property you will see where we have the proposed indoor arena and the proposed barn. Those are the two buildings that are larger than 28 x 28.

Mr. Smith: What did we do the last time?

Mr. Beamesdorfer: That was for the size of the buildings and for the number of horses. That was on a twenty acre lot.

Next Page