Berbro Management (Jack Antunes): Request for a variance of 249-22-D (lot width, area and side yard) 1) front yard from 35 ft to 25 ft; 2) area from 12,500 to 6,250 sq/ft; 3) side yard from 15ft to 10ft; 4) 2 side yards from to 30ft to 20ft;; Property located at 182 Brookline Avenue (SEC 76 BLOCK 7 LOT 10); Designated R1.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 8:38 pm.

Mr. Smith: I Move to open the Public Hearing at 8:40 pm. Please present your application.

David Braun, Berbro Mgt:

Mr. Smith: You have 4 variance requests: from 35 ft to 25ft, area, 2 side yards. Is there anything you would like to add to the application?

Mr. Smith: Any comments from the Board?

Mr. Oster: I understand there are small lots in the area but 35 feet is excessive. Most are 24 feet and this shows as 2 story dwelling and is large for small lot. I don’t remember 2 stories on this small a lot and don’t see need why 25 feet away. Where the slope is – is almost the driveway.

Mr. Braun: If we move in, not problem but not lined up with others.

Mr. Oster: The other house is on a double lot and corner is older and pre-dates zoning. I would be against you closer to the road but against this size house on this size lot, i.e. 24 or 25 feet.

Mrs. Thompson: He does need it for side yard.

Mr. Smith: As much as 26 feet homes and agree with Mr. Oster and 35 feet is going a little beyond the line. We have approved 26 and generally like to give variance so they can be used and improved but 35 feet is more than previously done. If you at some point want to narrow it down no problem from me at least.

Mr. Braun: 28 feet help you?

Mrs. Thompson: 26.

Mr. Oster: full 2 story?

Mr. Braun: Colonial.

Mrs. Thompson: Single family?

Mr. Braun: Yes.

Mr. Mattatall: It is too wide for land out there and want development put putting a ton of bricks in a town lot.

Mr. Smith: Any questions from the Public?

Mr. Chester Rogers: Brookline Avenue: What I would like to know – the lot is solid shale and to bust into that you will damage the ones (houses) next door. You will be down 6-8 feet if you put the parking in front. Else wise no parking and it is blue flint rock.

Mr. Smith: That is a risk he has to take.

Mr. Roger: It is close to the older house.

Mr. Smith: You are next door? Do you want to see the map?

Mr. Roger: This is not right, I have lived there all my life. Don’t see how it is going to work. .Pete has been turned down for a garage.

Mr. Oster: He did not come before Zoning.

Mr. Rogers : Why has Mechanicstown been selected for these smalls lots.

Mr. Smith: There is water and sewer.

Mr. Rogers: It is over loaded and pumped out all the time and one more its overflow again. Constantly a big problem and now this big development in back. R-10 district got stung and someone is making money and we are taking the brunt for this. Management companies don’t buy land to keep them.

Mr. Oster: This was divided several years ago.

Mr. Rogers: The one down the street was sold 5 times and now has an overhang on it. One door and garage door. They are building them all around. Not a good scene.

Pete Kessler, 184 – next door to this. On the left and heavy equipment it will knock me down. My house is older. Is it one family or more.

Mr. Smith: It is one family.

Mr. Kessler: The one down the street has 2 families in it.

Barbara Mullanari, 189 Brookline: You mentioned future lots bigger and wider.

Mr. Smith: Here we have pre-existing and we are stuck with the way it is.

Ms Mullanari: The zoning has been changed in other areas.

Mr. Smith: See others about that.

Ms Mullanari: It is similar to other down the block?

Mr. Braun: I don’t know which one?

Mr. Smith: I have a picture / drawing.

Ms Mullanari: Garage and door in the front? Picture window in front?

Mr. Braun: In the front. Only to make the area nice.

Ms Mullanari: The one down the street looks awkward.

Mr. Braun: The front to the front.

Ms Mullanari: There is not one there (other house) and don’t see one here (drawings). The other concern is where my property is across the street the slope is 90 degree going down and if something in front have substantial water problems into the basement and garage.

Mr. Owen: Slope is there already?

Ms Mullanari: If there is no ground to absorb it.

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

Mr. Smith: Any questions from the Board?

Mr. Oster: This is a 50 foot lot and taxes have been paid and no way to enlarge and am against this size house on this lot. Even 2 feet more is better. If you are digging into the hill it should be 35 feet off.

Mr. Smith: Variance is too great but precedence for smaller homes.

Mr. Morgan: propose 26 feet in the past was pushing, 30 feet is too much.

Mr. Braun: 26 feet…

Joseph Owen, Esq.: The application is 30 feet before the Board.

Mr. Smith: I Move to grant the following variance: 249-22-D: 1) front 35 to 25; 2) 12,500 sq/ft to 6250 sq/ft; 3) side yard from 15ft to 10ft; 4) 2 side yards from 30ft to 20ft; Seconded.

DISCUSSION: (none)

VOTE:
In favor (aye): 0
Opposed (nay): 6

DECISION:

Mr. Smith: The variances are denied. You can resubmit.

Ted Henderson: Request for a variance of 249-19-D-1 (side yard and lot width reduction): 1) lot area from 2 acres to .46 acres; 2) lot width from 200ft to 65ft; 3) side yard from 40ft to 18ft; 4) 2 side yards from 100ft to 36ft; Property located at 180 Derby Road (SEC 21 LOT 1 LOT 38.1); Designated RA.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 9:02 pm.

Mr. Smith: I Move to open the Public Hearing at 9:03 pm.

Mr. Smith: Please present your application.

Ted Henderson: Remove existing home and build a new modular on the property.

Mr. Smith: Any questions from the Board?

Mr. Owen: Improvement to existing lot.

Mr. Oster: I agree and that this is the only reason…small lot particularly where the trailer is. You tried to buy more land?

Mr. Henderson: I spoke to the guy today and on the other side, he was not interested as well. He made that very clear as well.

Mr. Smith: You have owned it for 5 years?

Mr. Henderson: Yes. And we live there.

Mr. Morgan: It will be an improvement.

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

Mr. Smith: Your variances are substantial but it will be great improvement for the neighborhood. You may not want to come back for any more variances; get more property. I know you want to improve it. As I recall you are remove side door in the back so no side fence or stoop. Two story and you have septic for 3 bedrooms? This is a small lot and happy to get the trailer removed.

Mr. Henderson: Looks totally different. Yes, and if we have to add to the field we can.

Mr. Smith: I Move to close the Public Hearing at 9:06 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance of 249-19-D-1: 1) lot area from 2 acres to .46 acres; 2) lot width from 200ft to 65ft; 3) side yard from 40ft to 18ft; 3) 2 side yards from 100ft to 36ft; Seconded.

DISCUSSION: (none)

VOTE:

In favor (aye): 6
Opposed (nay): 0

Mr. Smith: The variances are granted. Please see the building department.

Theodore Capozzoli: Request for a variance of 249-19-D (side yard reduction) from 100ft to 78ft; Property located at 276 Derby Road (SEC 21 BLOCK 1 LOT 41.21); Designated RA.

Mrs. Thompson: The mailings were filed by the Board and filed by the Secretary. The Public Hearing Notice was read at 9:09 pm.

Mr. Smith: I Move to open the Public Hearing at 9:10 pm.

Theadore Capozzoli: I am looking to put 36 x 18 addition to existing home.

Mr. Smith: Any comments from the Board?

Mrs. Thompson: You are going to a 30 foot side yard?

Mr. Capozzoli: Yes.

Mr. Owen: Why on the side?

Mr. Capozzoli: Septic, A/C unit and deck is back there which I just had redone. I would not like to have to tear it down if it is not necessary.

Mrs. Thompson: How far back is septic?

Mr. Capozzoli: 25 feet off corner of the house.

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

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

Mr. Smith: I am having a problem with it too close to the side line and must be a way to reconfigure and 30 feet from the stone wall and next door is currently vacant.

Mr. Capozzoli: I have tried to buy it and have not spoken with him in the last 6 months. But I did try to buy it.

Mr. Smith: It is more rural and has 150 and 100 foot wide lots as it is.

Mr. Capozzoli: I can’t see how he can even build on that lot.

Mr. Smith: Probably have to come in for variances, too.

Mr. Capozzoli: It would not affect my integrity can’t see it in front of the lot.

Mr. Smith: Any further comment from the Board?

Mr. Oster: You want to put the new addition to the side and there is so much in the back.

Mr. Capozzoli: So costly to go back.

Mr. Oster: 150 feet and have depth forever and expand on narrow side. Understand what you are talking about and its all back there but that is there.

Mr. Smith: I thing the variance is too great, myself. I think you can accomplish with less of an impact or variance. I don’t know exactly where the septic is and so on.

Mr. Capozzoli: 25 feet off the house in that range, no more than 25 or less than 20.

Mr. Smith: You can still stick that in there - I don’t know.

Mr. Oster; No chance in the front?

Mr. Capozzoli: With the way it is set up there are 3 tress.

Mr. Smith: I Move to close the Public Hearing at 9:15 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance: 249-19-D (side yard reduction) from 100ft to 78ft; Second.

DISCUSSION:

Mrs. Thompson: You don’t have to put addition across the whole back.

Mr. Capozzoli: The driveway is on one side and I removed the tie wall and put in stone wall there and I put in a lot of money.

VOTE:

In favor (aye): 2
Opposed (nay): 4

DECISION:

Mr. Smith: The variance is denied.

Mr. Smith: You can look at this again but the way it is you are running to close to the side yard.

Mr. Smith: I can only speak for myself.

Mr. Owen: You can resubmit.

Mr. Capazzoli: If I buy more property?

Mr. Oster: If the widths are there, no.

MGD Development Group (Clubside Investors, LLC): Request for the following variances and interpretations for a gated condominiums containing 217 residential units:

1. Variance of yard setback requirements:
a) Variance of 50 foot rear yard setback of section 249-22(7)(i) and 249-22(8)(k) to allow placement of wooden fence along an approximately 1,225 foot length of the property line facing Interstate 84 which fence will vary in height from approximately 8 feet to approximately 14 feet in height.
b) An interpretation that the front yard setback requirement of 249-22(7)(i) and 249-229(8)(k) does not apply to a proposed retaining wall and associated earth fill supporting an interior road, and located within 50 feet of the front property line along Golf Links Road, and, if the Zoning Board finds that the yard requirements apply, a variance to permit such retaining wall, approximately 430 foot long, and varying in height and distance from the property line, with maximum height of 8 feet and minimum distance of 1 foot from the front property line.
c) A variance of the 50 foot require rear yard setback for detached single-family condominiums under section 249-22(8) to allow the rear decks of 11 single-family condominiums along the easterly border and 1 single-family condominium along the westerly border to encroach into such setback to the following extent:

UNIT VARIANCE UNIT VARIANCE
SF 7 16 feet SF 45 15.8 feet
SF 33 11.8 feet SF 46 16 feet
SF 34 14.1 feet SF 47 16 feet
SF 35 15.9 feet SF 48 16 feet
SF 36 3.5 feet SF 49 16 feet
SF 44 8.9 feet SF 50 15.1 feet

2. Variance of height requirements:

A variance of the height requirements of 35 feet and 2 ½ stories required for single-family detached (249-22(8)(k)) and attached (249-22(7)(i)) condominiums to permit the following heights

BUILDINGS REQUESTED HEIGHT VARIANCE
12 uphill detached units
(SF1-SF6, SF13-SF18) 41 feet 6 feet
4 downhill duplexes
(D4, D6, D8, D10) 39 feet 4 feet
18 downhill townhouse buildings
(T1-T12, T15-T17,
T20-T22) 39 feet 4 feet
10 uphill duplex buildings
(D1-D3, D11-17) 47 feet 12 feet
6 uphill townhouse buildings
(T13, T14, T18, T19, T23, T24) 47 feet 12 feet
2 garden condominium buildings
(C1, C2) 45 feet
(3 story) 10 feet
(1/2 story)

3. Variance of distance between facing elevations of attached housing buildings.

An interpretation that the required minimum separation between facing elevations of principal buildings of attached housing under Section 249-22(7)(g) applies only to the separations between front elevations and variances to permit 7 townhouse buildings on High Ridge Road to be separated from each other by 79 feet where 94 feet is required and to permit 4 townhouse buildings on Putter’s Way to be separated from each other by 87 feet where 94 feet is required. But if the Board interprets section 249-22(7)(g) to require such separations between all elevations of principal buildings of attached housing, then the applicant also seeks variances to permit a minimum separation of 30 feet between buildings, so as to permit the site layout as shown on the plans on file with the Zoning Board.

4. Cluster groupings of detached condominiums

a) An interpretation that the detached single-family condominiums are not arranged in ‘cluster groupings’ as set forth in zoning law 249-22(8)(h)(i) and (j); in the alternative:

b) An interpretation to define the limits of said ‘cluster groupings’ and to grant a variance of 35 feet of the required 50 foot separation between such groupings as required by Section 249-22(8)(h), thus permitting separations of 15 feet.

c) An interpretation that no such ‘cluster grouping’ exceeds 10 units; and, for any grouping found to exceed 10 units, a variance of Section249-22(8)(i) to permit the excess number found, and,

d) An interpretation that no such ‘cluster grouping’ contains more than five houses ‘in any one continuous row’ and, for any grouping found to contain more than five houses ‘in any one continuous row’ a variance of Section 249-22(8)(i) to permit the excess number found, and,

e) An interpretation that each ‘cluster grouping’ provides the means on ingress and egress provided in Section 249-22(j), or, for any such grouping which does not, a variance to permit the methods of ingress and egress provided on the plans.

Property located on Golf Links Road Rt 50
(SECTION 73 BLOCK 1 LOT 31.2, 33.2, 33.3;
Designated R-1.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 9:21 pm.

Mr. Smith: I Move to open the Public Hearing at 9:25 pm.

Jennifer Van Tuyl, Cuddy & Feder, LLP
Jack O’Connell, Robert O’Donnell and Robert Adamo, Ginsberg Dev. LLC.

J. Van Tuyl: I am here representing the applicant. With the Board’s permission and the people who are here from the golf course, to summarize and give information on the project.

Jack O’Connell of Ginsburg Develompent / MGD: They are national developers and this is the first project in New York and they have built other such developments.

Over view – worked with the topo to not disturb wetlands or slope as least as possible. Across street the land was dedicated to the Town to protect the Town’s wells. Thoughts of putting housing there but decided not to. There are boulevard entrances: one in the main in the back; it is green with a water feature with rock waterfall. Once into this area (drawing) there are up- and down-hill town homes. In here (drawing) garden condo buildings on either side of club house, sports court and in the club house amenities for business center, fitness, game and social room.

Duplexes (side by side ) up hill and down hill units. As you go here (left of a drawing) this is on a ridge and are single family homes. We have maintained side walks on one side of the street so it is pedestrian - friendly. And go up boulevard with single family with view of golf course and duplex across the street and up down here. Fence here to mitigate the sound although national standards don’t require it.

Concept of entrance plan – stone wall in front, double lane entrance with water feature in back ground (reference on big map).

This is a down hill condo one of 3 along golf course (map) like to work with high ridge roof line and mix product type.

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