Zoning Board Minutes Sheet 09-09-03 pg 1 of 3

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 weather. He meets the lot size and have enough acreage to suffice zoning and preserving the wall and it is in keeping with the neighborhood and, Keller is farming the surrounding areas. If we move the line out 42 feet it will infringe on his farming rights.

Mr. Smith: Any comments to Board?

Mrs. Thompson: What happen to line if straighten the line?

Mr. Card: Not sure how it would go with the farmer for 38 years.

Mrs. Thompson: The piece by the wall?

Mr. Card: He does hay and (grows) corn; it will be owned by my son who may not want farming on it.

Mrs. Thompson: Does he farm the triangle you want off? The 42 feet?

D. Yanosh: No.

Mr. Owen: The piece that makes it too short?

D. Yanosh: The PB wanted the pond on one piece of property. Not owned by two different people.

Mr. Owen: Why here and not 42 or so over?

Mr. Yanosh: there is a curve in there. The 158.2 feet is where the building line is. The flag lot is permitted in the Town. The lot width has to be 200 feet where building is set. The building line needs the 200 feet. Across the pond possibly could be…. There is tree line along side into the wall and if the wall move.

Mr. Smith: The purpose of changing the law is so they are wider and bigger and if you want the wall you want it on both sides. If he is farming other side – make deal with him or he farms 40 or so feet less.

Mrs. Thompson: If you don’t take it out of agriculture it will not make any difference.

D. Yanosh: He uses the front of it and his wife uses it for horses. Looks nicer and no one can infringe in the future. Who ever owns next door…

Mr. Smith: You want to maintain it and you want space on each side. New lots are wider.

Mr. Card: I have done a lot to keep its integrity. I know I will take care of the wall I don’t know about anyone else. The wall becomes historical value of the land.

Mr. Smith: You can sell it to you son subject to what ever farming rights – lease and make that part of another agreement but it is a new sub division and should be part of the new zoning.

Mr. Oster: If anyone has put their hand on their place - he has. It may not have the width and you see the wall its not moveable. He has a love for it and stellar taking care of it and the neighboring cemetery. And he is an asset and don’t see any problem, large enough for the son to enjoy and have that portion to take care of it.

Mrs. Thompson: I disagree, leave space on either side.

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

Mr. Mattatall: I accept you take care of it and its beautiful but keeping to the law will not take away from the integrity and essentially what ever agreement with the person doing the farming is different. The intent of the Town with new sub divisions to bring it into compliance with the law. I can’t support making an exception. There is another way to go about it to keep it in compliance.

Mr. Morgan: Maintaining the wall but this will not create hardship.

Mrs. Thompson: It will protect the stone wall.

Mrs. Thompson: This front yard (looked at map) is 102 don’t you need width for that?

D. Yanosh: No. As long as building imprint is within the 150 foot width it is fine. Where the house is has to be the minimum width. The frontage is because of the existing driveway. If need be, put the line on the east but since the drive is there kept it the way it was. Not infringe in other neighbors and no one here and to the East the houses are quite a way and years ahead on Lot #2.

Mr. Smith: It’s a new sub division.

Mr. Card: The subdivision was not in existence when we offered it to my son. And had it been, I might not have done that. I don’t think anyone who could look at the land and the value and open space and we will appreciate not see value in keeping the land the way it is. I thought the Town wants to keep open space and remember when Gerda sub divided across the street he was asked to show rock walls on the plans at the PB. They said they were not sure they every saw it. I feel part history and if I don’t control the wall on my property which I expect to keep I am not sure I would be comfortable.

Mr. Smith: Plans change, properties to eventually get sold, people move on and the over riding thing is new laws and new sub divisions should be met. Put wall on new lot to make it comply.

Mr. Card: Taking out of my control and giving it to my son. And he is a gentlemen who represents himself. I can’t tell him what to do and rocks bring in revenue and I could walk in and see the whole thing sold.

Mr. Smith: It has intrinsic value being there rather than sold. I grew up in the area and I understand how you feel.

Mr. Card: Do you?

Mrs. Thompson: We all do and have rock walls. I saw your barn burn down.

Mr. Card: I hoped to see you.

Mrs. Thompson: You can’t stop on VanBurenville.

Mr. Card: I can’t see you condemning it? If it had to do with this I might not have done what I did.

Mr. Smith: I Move to close the Public Hearing at 8:35 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance of 249-20-D (lot width): from 200 ft 158.2 feet; Seconded.

DISCUSSION: (none)

VOTE:

In favor (aye) 2
Opposed (nay) 4

DECISION:

Mr. Smith: The variance is denied. You can move the line over and you might not have to come back here.

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