TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002
WILLIAM MORRISON: Request for variance of 249-22 D column C (lot area) from 1.4 to .865; Property located at Webb Road; Sec. 69, Block 1, Lot 33, and Designated R-1.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 8:45 P.M.

Mr. Smith: I Move to open the Public Hearing at 8:45 P.M.

Mr. Dickover: I am an Attorney down in Goshen. With me this evening is Mr. Morrison sitting in the front row. He is the applicant. Also with us is Laura Metzger, a real estate agent experienced in the market. This is an application for a lot area variance pursuant to the section read by the Secretary of the Board. We have a lot that is .865 acres in size. The ordinance will require us without having accessibility to municipal sewer to have a 1.4 acre parcel. The request for the variance is to allow us to construct a two or three bedroom home on this .865 parcel. I had previously submitted to the Board and I trust that you all have it at this point a drawing site plan from the engineer for this parcel. The last revised on August 13th showed the current zoning requirements for the parcel. I brought with me this evening and I believe I previously sent to the Board a letter from the office of the City Clerk of Middletown which was dated August 27th indicating that public sewer is not available to this parcel. If you may recall when we were here two weeks ago I guess that was one of the questions that the Board had for us and that is in fact is what brings us before you. Similarly I had prepared a letter dated August 29th and sent that to the Board. I can go through that this evening if you would like. It addressed the issues, the history of the parcel. Quite simply my client William Morrison's father acquired this property in 1961as is presently configured. It's remained an undeveloped parcel since that time as it adjoined their family home on Webb Road. In the last, I guess about 1999 or so, William acquired title in his own name by virtue of inheritance from his father. At this time we would like to develop the parcel and sell it. The parcel as it's configured at .865 acres it's our position that it's a residential parcel as is the rest of the neighborhood. The properties up along South Street are similar in size, some are a little bit larger, there are some smaller. The parcel directly across the street I think is close to one acre in size. We will submit to you that it's not a substantial difference. Because it's a residential parcel as a proposed use there would be no detriment to the neighborhood because of that. As to feasible alternatives, one was to pursue the availability of municipal sewer. We had explored that possibility as I mentioned to you before. You have a letter from the City indicated that it was not available.

Mr. Cieslewitz: I don't have it.

TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002

Mr. Dickover: So that foreclosed one feasible alternative. The second one being the possibility of acquiring adjoining lands. We have also pursued that to no avail. Similarly, one of the other elements or criteria for the Board's consideration would be the adverse impacts on the physical environment conditions. We submit to you that there are none. The parcel has been engineered by Thomas DePew. He has detailed a built up septic system for this parcel. Of course any plans to construct this parcel would have to meet your Building Inspector's approval. This hardship is not self created. This parcel has been in existence since 1961. I will confess to you I don't know when your ordinance came into existence but it's similar to others in this County. I suspect perhaps it was after that. Finally, this is the minimum variance that is required. The ordinance requires 1.4 acres and we have .865. There is nothing we can do about that, so that is the minimum variance that we are requesting. If you would like any particular details Mr. Morrison is available to speak to you.

Mr. Cieslewitz: Has Mr. Morrison tried to annex this parcel to the City of Middletown?

Mr. Morrison: No.

Mr. Cieslewitz: For what reason?

Mr. Morrison: There are a number of other lots around it that pertain to the Town of Wallkill. The only reason that I would want to annex to the City of Middletown would be to gain access to sewer and water. I don't know what that process involves but certainly it seems, certainly the Town of Wallkill doesn't want to give us the tax base to the City of Middletown and I wouldn't think it would be a logical approach to being able to develop this particular lot.

Mr. Dickover: The other piece of that is this parcel does not adjoin the current City boundaries. There are other properties surrounding it in the Town of Wallkill. So, annexation I think if I'm right would require those parcels to be brought in as well.

Mrs. Thompson: Is there any land available that you could purchase?

Mr. Morrison: I spoke with Mrs. Clauson today about that. She's not clear on what she wants to do with her property as far as landscaping and what not and she's not interested in selling that property or part of it for me. I had a discussion with her today.

Mr. Owen: Has this property been a separate lot all along?

TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002

Mr. Morrison: Yes.

Mr. Owen: Or was it subdivided recently?

Mr. Morrison: No. My father bought that by a gentleman by the name of Sam Randall back in 1961.

Mr. Smith: One thing. Do you have an engineered septic?

Mr. Morrison: Yes.

Mr. Smith: In case it doesn't, you have the curtain drain running right on the boundary. Is there any way you can swale that in case it ever fails to keep any effluent on your own property rather than running over?

Mr. Morrison: There's no problem with swaling it back across the corner of the lot there. I just don't know looking at this, the elevations involved here.

Mr. Smith: It seems to run down hill that way.

Mr. Morrison: It does but it's a significant drop.

Mr. Dickover: How about if we ditched on the side of the curtain drain because that's running down hill. It's pitched toward this far corner and the septic is located at the front of the house so if it were to fail it's going to unfortunately probably fall on the house to be constructed.

Mr. Smith: That's okay.

Mr. Dickover: I guess the question simply is whether or not the boundary line could be built up enough. There's going to have to be ground work done here where this curtain drain is any way so if the Board felt that it would be a reasonable condition I think it is certainly something that we could deal with.

Mr. Smith: Any other comments from the Board?

Mrs. Thompson: I just don't like small lots. If you could hook up to Middletown you would be fine.

TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002

Mr. Morrison: We explored that as an option and there are no plans to run the sewer lines to that property. Financially it's certainly not something that I could bear.

Mrs. Thompson: How far away would the sewer line be?

Mr. Morrison: I think it's about six hundred feet in one direction plus the fact that it's uphill and the plumbers code of ethics is never smell your fingers and sewerage runs downhill and I don't know what the third thing is but I know I don't want to pump it uphill.

Mr. Dickover: Even if we could, it would require easements across the adjoining properties to get there. If it was out in front, of course, it wouldn't be a problem. If it was in the street at the adjoining property perhaps but that sewer main legally terminates up in South Street somewhere.

Mr. Smith: Are there any comments from the Public?

Mrs. Metzger: I'm a realtor and I think that anybody who builds on that lot will probably leave a lot of trees. It's going to be very scenic looking. I don't think it's going to be disturbed very much with a house there. I think it will be a very pretty lot when it is done. The houses around there are all worth close to the three hundred range, same are in the two hundred fifty.

Mr. Smith: Any more comments from the Board?

Mr. Cieslewitz: That slopes down however, when you build up maybe two or three feet of gravel . . .

Mr. Morrison: The front section of that lot is relatively flat and that's where Mr. DePew has the engineering done for the septic system. It's the back of the lot that tapers down more. The front section is fairly level. It doesn't drop off any where near like the back corner of that lot.

Mr. Smith: How many bedrooms are you planning for?

Mr. Morrison: Two or three.

Mr. Smith: Three max.

TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002

Mr. Smith: Any other comments? (No.)

Mr. Dickover: The contour at the front of his property out at the front reads five hundred feet and it's dropping to four hundred ninety so that's only a ten foot drop. It's not a significant drop. From there on to the back corner that perhaps you were referring to looks like four hundred eighty, another ten feet.

Mr. Smith: Since you're putting a curtain drain on the boundary and I'm going to make it a condition that in case it fails, that it runs down towards the neighbor, that you're going to swale it or berm it or what ever you want to call it.

Mrs. Thompson: I'm wondering about the well.

Mr. Dickover: The well is in the back rear corner of what would be referred to as the far northerly corner.

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

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

Mr. Smith: I Move to close the Public Hearing at 9:00 P.M; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant variance for lot area variance under 249-22-D column C from 1.4 acres to .865 acres conditioned that the curtain drain running along the south boundary be bermed or swaled in case it fails; Seconded.

Mr. Morrison: I don't plan on that failing. I appreciate your concern and if it was my property or I was living there I wouldn't want that effluent flowing down the side of my property line.

Mrs. Thompson: Are you going to live in the house or are you going to sell it?

Mr. Morrison: I'm looking to sell it.

Mr. Dickover: Mr. Chairman, you've asked us to swale it and we've told you that we would. How far back are you requesting that we do that or do you want to leave it to the determination of the Building Inspector on presentation of plans? What's your desire in that

TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002

respect? That is a two hundred fifty foot run from the front to the back corner.

Mr. Smith: If it's running to day light and where ever day light is, I would think in my own mind but again I'm not an engineer twenty to forty feet.

Mr. Dickover: Oh, beyond day light you mean.

Mr. Smith: From day light. It's going to run down the curtain drain. We want to do something to keep it from spilling on. Keep it higher on the south side and lower on the interior.

Mr. Dickover: No problem.

DISCUSSION:

None.

VOTE:
In favor (Aye): 5
Opposed (Nay): 2

DECISION:

Mr. Smith: The variance is granted, please see the Building Department.

TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002

JOHN CLARK (Albert Aeberli Jr.): Request for variance of 249-20 D (road frontage) from 100' to 96.8) for property located on Pocatello Road (Sec. 64, Block 1, Lot 17.224) and designated R-2.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 9:05 P.M.

Mr. Smith: I Move to open the Public Hearing at 9:05 P.M.

Mr. Smith: I remember this. The record line goes to the centerline of the street.

Mr. Clark: Yes.

Mr. Smith: And it says 96.8. It's a road line. I don't see any problem at all.

Mr. Smith: Any comments from the Board?

Mr. Owen: I find the same thing. Most properties are measured from the side of the road .

Mr. Clark: Right.

Mr. Owen: And this measures differently.

Mr. Smith: Anybody from the Public?

Mr. Miller: You have to show me that it's one hundred feet.

Mr. Mattatall: They are asking for a reduction.

Mr. Miller: Where the culvert is, there is a culvert there. He has to stay on that side of the culvert, am I right or not?

Mr. Clark: Which side are you referring to, the left side or the right side?

Mr. Miller: The right side. I have nothing against him building. I just want to know how he is going to put the septic system in.

Mr. Smith: We're not here to address the septic system. The only thing we're here for his

TOWN OF WALLKILL ZONING BOARD SEPTEMBER 9, 2002

record line runs to the center of the street and it's 96.8 feet. We are here to, he's looking for a variance because it has to be one hundred feet. Unfortunately it probably is one or fortunately it is one hundred feet at the side line. That's all we're addressing. What he does with the property after that is not for this board. Right now the only variance is for one hundred feet to 96.8 feet. Where he puts his driveway or septic or even the house location is not a concern here. He doesn't need a variance for any of that.

Mr. Miller: I had a map where it was surveyed years ago. It's 96. something. It's not one hundred feet.

Mr. Mattatall: To the center of the road it is.

Mr. Miller: That's the way they did it years ago.

Mr. Smith: It's to the side line now.

Mr. Oster: Regardless, that's exactly the variance he's asking for. He's accepting the 96.8 and when we vote tonight we will give him that 3.2 feet variance.

Mr. Miller: Oh, you're giving it to him.

Mr. Oster: Not yet.

Mr. Smith: It's something reasonable.

Mr. Miller: I have nothing against him building. I don't care. But I want to know how the septic system is going to work. It's not good there.

Mr. Smith: Are you concerned about this variance?

Mr. Miller: He doesn't understand he isn't going to live there. I've lived there for thirty three years. When the rains come, you're in trouble. That's what I'm trying to tell you.

Mr. Smith: Anybody else?

Mr. Slomka: The only concern I have is every time it rains I have two rivers. Part of his property is going into my property. It has been graded to go to my property.

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