Zoning Board Minutes September 9th 2003, Page 1 of 4

TOWN OF WALLKILL ZONING BOARD OF APPEALS
September 9, 2003

MEETING OPENING:

The monthly meeting of the Town of Wallkill Zoning Board of Appeals opened at 7:39pm with the pledge to the flag followed by the roll call and presentation of the August 11, 2003 Meeting Minutes.

PRESENT:

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

Joseph A. Owen, Esq.

ABSENT:

J. Cieselwitz

The Minutes of the August 11, 2003 were reviewed by the Board. The Motion was made to accept the Minutes as written; Seconded; All in favor; Motion carried.

The following applications were reviewed for Public Hearings on October 20, 2003 and Public Hearings heard, discussed and voted upon as noted.

HEARING REVIEWS: October 20, 2003

Anita Taylor: Deck on the house.

Mr. Smith: What is the variance for?

Ms Taylor: It is because I need it to put wood for my wood stove. I can’t walk the 3 steps with the slipping and sliding in the weather. It will make it easier to bring the wood in.

Mr. Smith: Do you have a plot of the land? What you have here is your house.

Mr. Owen: How big is your lot?

Ms. Taylor: 28 minus 13 acres. The deck will be on the East.

Mr. Smith: What are the setbacks from the road to the deck?

Ms Taylor: The house is 9 feet and it will be two or three feet more than that.

Mr. Smith: 12 then?

Ms Taylor: Yes.

Mrs. Thompson: Has your contractor seen this?

Ms Taylor: Yes.

Mrs. Thompson: We need to hold it to 12 feet.

Mr. Smith: It will go in the paper as 12. What is the size of the deck? It will be…9 x 14 feet.

Ms Taylor: I put the drawing in with the application.

Mr. Mattatall: It is a setback of 35 from the road.

Mr. Smith: I Move to hold a Public Hearing for October 20, 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 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 week. Take that notice, copy it and mail it to everyone on the list at least 10 days prior to your scheduled hearing date. The mailings must be sent either by certified or registered mail. Bring the proof of mailings with you to your Public Hearing. The Public Hearing can’t be opened without your proof of mailing.

Ms Taylor: You can get the information here?

Mr. Smith: Yes, at the Tax Office.

Mario A. Volpe:

Bill Butler: We went to the Planning Board and the existing block building is on Lot #1 is too close to the line and we were asked to get a variance for accessory or area.

Mrs. Thompson: You own both lots?

Bill Butler: I am from the surveyor’s office.

Mr. Volpe: I do, once there were 4 (lots) and they put everything together.

Mrs. Thompson: Did you build the building?

Mr. Volpe: No, when the original house was built.

Mr. Smith: You went to the PB? They want a variance for the block building?

Mr. Volpe: Yes.

Mrs. Thompson: You want 2.5 feet from the line?

Bill Butler: That or an area variance.

Mr. Smith: The building has been there we will go for the line.

Bill Butler: If we move the line we will not have enough room for the other building.

Mr. Smith: Move it over 2.5 feet.

Mr. Mattatall: If you moved it to break off the lot, what will it do to the other? More variances?

Bill Butler: I am not sure.

Mr. Smith: What did the PB direct you to?

Mr. Volpe: My wife was here for that. They wanted a straight line and the most clean cut way to make the other lot.

Mr. Smith: Moving it over a couple of feet would make it too small?

Mr. Volpe: This is fine.

Mr. Smith: I Move to hold a Public Hearing on October 20, 2003 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

Michael & Annette Gregan:

Mrs. Thompson: Where is Maple?

Ms Gregan: It is off Ben Lomand.

Mr. Smith: You want the garage, I guess, on the side of the property? Is there reason why you locate it where you are?

Ms Gregan: Having it closer to the house is because it is easier for the 2 handi cap drivers in the house. It blocks the view elsewhere. It would be safer for them.

Mrs. Thompson: What about neighbors on garage side?

Ms Gregan: We have spoken to them and the 20 x 24 feet accommodates them.

Mr. Owen: Have you thought about attaching it?

Mr. Gregan: We looked at and it is too costly.

Mrs. Thompson: The garage is next to driveway or house?

Mr. Gregan: Our house garage and their house.

Mr. Morgan: How far off the line?

Ms Gregan: Down to one (1) foot. Their property is further from the line.

Mr. Smith: This is quite a variance – 4 feet. But going from 5 ft to 1 foot.

Mr. Oster: It is 80 per cent. If someone wants a fence along there in the future it could be a problem.

Mrs. Thompson: It says ‘proposed house’?

Ms Gregan: We have been there for more than 20 years.

Ms Gregan: If we can move a foot closer to the house, we will.

Mrs. Thompson: The garage is not there yet?

Ms Gregan: No.

Mr. Gregan: We have done nothing until someone says that we can.

Ms Gregan: We have stuff in garage to make room for my mother who is moving in.

Mr. Morgan: What if you turn the garage – swing it?

Mr. Gregan: It would not work that way. Besides we have doors on present garage are brand new and take them off and put on the new garage. We can open both doors in the smaller garage.

Mr. Smith: If you want that the garage move further back.

Mr. Gregan: The garage blocks their view too. We are not ready to sell or anything.

Mrs. Thompson: Storage in the garage?

Ms Gregan: Yes, storage in the loft. Everything is in storage because we have 24 x 40 feet.

Mr. Smith: You want to go with this application?

Mr. Gregan: Yes.

Mr. Morgan: I Move to hold a Public Hearing on October 20, 2003 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

Luis Armijo

Mrs. Thompson: When did you purchase this?

Anthony Leonido (interpreter for Luis): 1999.

Mr. Smith: What do you want to do?

Anthony Leonido: He put up a pool without a permit and now wants a 10x10 deck and he needs variance.

Mr. Oster: He has 2 front yards.

Mrs. Thompson: How much trouble to move the pool?

Anthony Leonido: It’s a 25 foot circular pool. Difficult to move.

Mrs. Thompson: You got it there, it could be moved?

Anthony Leonido: Where there is a pool, there was one before and the ground it cut out.

Mr. Mattatall: It is into the hill?

Anthony Leonido: Yes, in the hill on one side.

Mr. Mattatall: They had to do landscaping.

Anthony Leonido: Variance for the deck as well?

Mr. Morgan: Side yard?

Mr. Smith: It is in front of the house on one side.

Mr. Owen: The Zoning?

Mr. Smith: No pool closer than 20 feet to any line.

Mr. Oster: Consider the 35 foot line. By them stating never in front of the house they are almost implying it can’t be in front of the house. Now it is in front and down to 31 feet.

Mr. Smith: If this was not the front yard (looking at drawing) it would be 20 feet.

Mr. Oster: It should be 35 feet from the property line. It is written no pool in front of the house.

Mr. Smith: From edge of pool to the property line. The fence is in the street.

Mr. Oster: At widest 9.9 feet.

Mr. Smith: I Move to hold a Public Hearing on October 20, 2003 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

Mr. Smith: See you on the 20th. It will be in the newspaper in by the end of the week. Copy it to everyone on the list from the Tax Office.
PUBLIC HEARINGS:

Henry Lust Jr. (Nancy Zwart): Request for a variance of 249-20-D (front yard set back) from 35 to 20.5 feet for addition of a 4 foot deck; Property located at 26 Turfler Terrace (SECTION 16 BLOCK 6 LOT 8); Designated R-2.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 8:14 pm.

Mr. Smith: I Move to open the Public Hearing at 8:15 pm. Please present your application.

Mr. Lust, Jr.: I 18 sent and 16 came back. I would like to add 4 ft front porch with 5 foot roof – with a 1 foot over hang.

Mr. Smith: This is an extension ofa 4 x 3.5 existing porch now.

Mrs. Thompson: I did not see it?

Mr. Lust, Jr.: It has no roof.

Mr. Oster: It is not really off setting it because of concrete pad here and roof will not be a distraction and is in keeping with the area; I found no problem with it all.

Mr. Owen: I agree.

Mr. Smith: It is minor.

Mr. Smith: Any questions from the Public? (no)

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

Mr. Smith: I Move to close the Public Hearing at 8:17 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance

Move to grant variance: 249-20-D set back from 35 to 20.5 feet; Seconded.

DISCUSSION: (None)

VOTE:

In favor (aye) 6
Opposed (nay) 0

DECISION:

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

Harold and Kathleen Card: Request for a variance of 249-20-D (lot width) from 200 ft 158.2; Property located at East side of Van Burenville Road (SECTION 36 BLOCK 1 LOT 92.2); Designated R-2.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Notice was read at 8:19 pm.

Mr. Smith: I Move to open the Public Hearing at 8:20 pm.

Dan Yanosh: I am here with Mr. Harold Card.

D. Yanosh: The request is for a lot width. The Zoning calls for 200 feet which was changed 6 months ago. It is for 158.2 feet and will keep line within existing stone wall and tree line. We were sent here from the PB and his son is building a lot on the other parcel. We have approval from Eustace & Horowitz on the septic and want the house up as soon as possible due to

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