October 21, 2002

PRESENT: James Mattatall
William Morgan
Ellis Oster
James Owen
Oral Smith, Presiding
Priscilla Thompson, Secretary

Joseph A. Owen, Esq.

ABSENT: (EX) J. Cieslewitz

MEETING OPENING:

The monthly meeting of the Town of Wallkill Zoning Board of Appeal opened at 7:30pm with the pledge to the flag followed by the roll call and presentation of the September 9, 2002 meeting minutes.

The following corrections were noted for the record:

Pg. 30 Para. 4 reads correctly: “..up the 15,000 sq/ft...”
Para. 5 should read: “ the neighborhood is not designed to accept”

The Motion was made to accept the minutes as noted; Seconded; All in favor; Motion carried.

The following reviews of up-coming Public Hearings were reviewed, Public Hearings conducted and voted upon as noted.

HEARING REVIEWS: November 18, 2002

STACK: Not present

SIMON de MONTFORT

Applicant: The building is currently there and was a chicken coup. We want to build a house behind it presently and we have approval for the house.

Mr. Smith: It is a detached house/garage?

Applicant: Eventually down the road when money is accumulated we want to build it over there and take down the other. We want to keep it and the neighbors says its part of their history.

Mrs. de Montfort: We started it and then learned about a building permit for the house.

Mr. Mattatall: Which is the main building?

Mr. de Montort: The main building is the garage/house - build that now.

Mr. Oster: Your first over-sized building too?

Mr. de Montfort: The first is the chicken coup.

Mr. Oster: The 30x12ft is # 2. Why is the house an accessory?

Mr. De Montfort: When the house is built, the house becomes the garage. We are building the garage and moving into it and not paying for two at once.

Mr. Oster: Why would we not be addressing this when you go to the future home?

Mr. deMontfort: We’ll get it all done at once.

Mr. Oster: The accessory building?

Mr. Owen: The variance has an expiration date.

Mr. Smith: You’ll want to come in for extension before the 6 months is up.

Mr. Oster; Some work needs to be started in 6 months - not the whole thing. If not you have to go through the whole process.

Mr. Smith: I Move to hold a Public Hearing for November 18 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

Mr. Smith: You will need to notify everyone within 300 feet of the property of the hearing. You will find the notice in the Times Herald Record later this week. Take that and copy it to everyone on the list you can obtain from the Tax Office. They must be mailed at least 10 days prior to your hearing date by certified or registered mail. Please bring your proof of mailings with you to open your Public Hearing.

Mr. Smith: Accessory in front of main building and then new accessory building and the chicken coop will be accessory after the fact. Once they move into new building; the 2nd accessory building.

WITT:

Mr. Witt: We are here for back yard variance from 50ft to 30ft an for addition to the house.

Mr. Oster: The house is now 30 feet; is there a variance to that?

Mr. Smith: It is a school house and is pre-existing.

Mr. Oster: When I see it I’ll get a better idea.

Mr. Witt: The difference is that we keep character of the house without going out 38 feet. We are mirroring the other side so it’s a replica of the other side and also have small bank runs down with swale and drainage issue as well.

Mrs. Thompson: You have owned it since 1994. It’s a nice place.

Mr. Smith: I Move to hold a Public Hearing on November 18, 2002 at 7:30 pm or as soon as the matter can be heard; Seconded; All in favor; Motion carried.

Mr. Smith: You will need to notify everyone within 300 feet of your property of the hearing. You can obtain the list fro the Tax Office. Take the notice that will be published in the Times Herald Record later this week in the Legal Notice Section, copy it and send it to everyone on the list at least 10 days prior to the hearing date by certified or registered mail. Bring proof of your mailings to open the hearing.

JOHNSON:

Mr. Johnson: (handout) the set back from the street is corrected.

Mr. Smith: You are changing a couple of the measurements.

Mr. Johnson: My folks bought this in 1959 and put on an addition on the garage in 1960 and he died a few years ago and I have to sell it to give money to the County. He never got permits for the carport. I spoke with building inspector and he said it passed for permits and the town engineer and that the carport will pass but it is too close to fence.

Mr. Smith: (looked at map) what is this here?

Mr. Johnson: Existing garage in 1930 - house and garage and Dad put carport in the early 60's.

Mr. Smith: You drive in and turn.

Mr. Smith: Any questions from the Board?

Mr. Smith: How difficult to take carport down?

Mr. Johnson: I have a binder on it with the carport. The building department said it would be fine.

Mr. Smith: I Move to hold a Public Hearing on November 18, 2002 at 7:30 pm or as soon there after as the matter can be heard; Seconded; All in favor; Motion carried.

Mr. Smith: You will need to notify everyone with in 300 feet of your public hearing date. Go to the Tax Office and get a list of all the people within 300 feet and look for the public hearing notice later this week in the Times Herald Record. Take that notice and mail it to everyone on the list at least 10 days prior to the hearing date by certified or registered mail. Bring the proof of mailings with you to open the public hearing.

BIASI

John N. Biasi: I am looking for a variance to put a home on this land on Rockwell Ave. I am asking for side, front and back yard setback. Side from 15 to 7ft each; back yard from 30 to 20ft; front yard from 35 to 320ft and back from 30 to 20ft and the area to 5,500 sq/ft.

Mr. Smith: The surrounding areas are built up.

Mr. Biasi: Yes. There use to be trailer on it. The owner removed it and it is all over grown and I want to clean it up and put a house in and landscape.

Mrs. Thompson: Do you need such a big house?

Mr. Smith: Yes.

Mr. Biasi: We can work with you and put up a smaller house. We can do that.

Mr. Smith: 15 to 10ft on side yards.

Mr. Biasi: The front and back yard and a small little deck and we need the room.

Mr. Owen: Are the rest about the same size?

Mr. Biasi: Yes. We will land scape it and make it look good.

Mrs. Thompson: The houses - are they alined up at 35ft as well?

Mr. Biasi: Yes and we want to keep them lined and in configuration with others.

Mr. Smith: Is this two story?

Mr. Biasi: It is a high ranch.

Mr. Oster: The 35 ft wide and 50 ft, you almost have the side yards.

Mr. Biasi: We will put the bi-level in side ways.

Mr. Owen: You have 30 ft and have 10 feet on each side.

Mr. Biasi: We are in line now. 10 and 10 is fine.

Mr. Smith: There are no projections on these lines you know?

Mr. Biasi: Yes.

Mrs. Tompson: What about the driveway?

Mr. Biasi: It is straight in right off the street.

Mr. Smith: I Move to hold a Public Hearing on November 18, 2002 at 7:30pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

Mr. Smith: You will notify your neighbors within 300 feet of this about the hearing. Take the notice from the Times Herald Record later this week and copy it to all those on the list you can obtain from the Tax Office here at Town Hall. Send it by registered or certified mail at least 10 days prior to your hearing. Bring your proof of mailing with you to open your public hearing.

RAMOS

Applicant: We are interested in building addition - a garage 15w and 17 long.

Mr. Smith: 15ft length

Applicant: Increase it to 17ft.

Mrs. Thompson: This is 2 feet out further than before.

Mr. Smith: You will have a 5.7 ft setback. You can’t really put a car in there without putting in...

Applicant: ...can I shorten it?

Mr.Smith: Would you like to think this and we can call you back later this eveing?

Mr. Oster: This is not the public hearing only the review and you are asking for a 7.7 ft front yard.

Mr. Smith: You will barely able to pull in car in driveway if garage door is down. I don’t know how it will look in the neighborhood.

Mr. Oster: The Code is 35ft. You have 22.7 ft front yard now? Do you have 35 ft or 22.7 ft yard?

Applicant: It is 22.7 ft.

Mr. Oster: You are all ready under. That was allo

Mr. Smith: Do others have a garge sticking out like the others.

Applicant: It is about the same as the other garages.

Mrs. Thomspon: Like the others?

Mr. Oster: You have to fill out an appliation with what you want. This is not to scale.

Mr. Smith: We don’t have setbacks on this.

Applicant: I took the measurements.

Mr. Smith: I don’t know the distance(s) are (on the map). This number (map) is incorrect of 7.7 and you measured from here (looking at drawing) not here - do you want to think about this and reapply? We have to have the setbacks.

Applicant: I measured (looked at map).

Mr. Smith: 22.7 runs from here (map) we need a few more dimensions. Do you want to come back next month. We need all the setbacks.

Applicant: How much of setback do you need.

Mr. Smith: We need to know what the setbacks are. We have to know exactly.

Mrs. Thomopson: Did the surveyor give you the map or some help?

Applicant: The map.

Mr. Smith: I can’t schedule this without more information.

Applicant: If I give you the correct dimensions, how does the garage look?

Mr. Smith: We will know better when we take a look at it. You will take more time. Submit a new plan and we eill review it in November.

LEE

Not present

CLARK

Gina Clark (applicant): Mrs. Hall is selling her home and through the title work found a problem with the survey and a concrete patio that is not a patio - it has always been a cement pad for carport. It was built in 1956 - the cover is the 2nd story of the home. The house is cape cod with 2nd floor over cement pad. They bought it in 1981 and asked if they could enclose carport - and they told them it was fine 20 years ago. They did not add anything; the foot print is the same. 7 feet from the property line and if so in 1950 and nothing add anything and that is why we are here.

Mr. Owen: When was this done?

Applicant: The work was done in 1981. All they did was close in the walls. The building inspector said to enclose it.

Mr. Thompson: #26.

Applicant: It’s a dilemma - nothing we added.

Mr. Smith: We need to hold a public hearing.

Applicant: The covered patio was a pad; its closed in - the coverage was 2nd story and on top of cement enclosed the walls. If we haven’t changed the food print.

Mr. Smith: They have 7.7 and 8.3 on the other side.

Applicant: The house was built in the 50's with the 7 feet.

Mr. Oster: We need to have a public hearing and make a decision because it may come back here again.

Applicant: The foot print from time the house was built is the same. The lines are the same its just the way it was built. The carport is enclosed.

Mr. Oster: Can you go before who you are trying to sell it to and tell them you are resolving it properly.

Applicant: If not you are not building or adding on to it to be 7 feet off the line why a variance? It like taking a 3 season room and insulating it and making it a 4 season room.

Mr. Oster: Without seeing it, we will discuss it next moth after we have all seen it. You can appeal later if it is denied if it is pre existing.

Mr. Thompson: Concrete pad was there in the begining and the top was ....

Applicant: ... house with cape cod with 2nd story and nothing u ner it except posts and concrete pad.

Mr. Smith: Is there septic and a well?

Applicant: Yes.

Mr. Smith: Both side yards 35ft. One side yard 15 and 2 side yards total of 35ft. There is really two.

Mr. Oster: The other one is pre-existing.

Mrs. Thompson: Are the others are like this.

Applicant: Yes.

Mr. Mattatall: Once you are sent here as a violation we have to act on it.

Applicant: We are not doing construction, its existing.

Mr. Oster: We have to go see it even though we understand it.

Mr. Mattatall: This is not uniqure.

Mr. Smith: I Move to hold a Public Hearing on November 18, 2002 at 7:30 pm or as soon there after as the matter can be heard; Seconded; All in favor; Motion caried.

Mr. Smith: You will need to notify everyone within 300 feet of your property of the hearing. Take the notice in the Times Herald Record that will appear later this week and copy it to everyone on the list you can get from the Tax Office here at the Town Hall. Mailings must go out at least 10 days prior to the public hearing and must be sent certified or registered mail.

GUTIERREZ

Applicant: I bought property on Goshen Turnpike and the house was too far gone to remodel it and saw the Building Inspector and he said that was true. I tired to put up modular and want to show you what I want to put up and if you will let me do it. I have the papers and the map but to do that I have to tear other one down.

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