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.

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)

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