TOWN OF WALLKILL ZONING BOARD OF APPEAL

Mr. Smith: Raise the dwelling there and the framed shed ?

Applicant: Keep that.

Mr. Smith: 28x64ft and lot width.

Applicant: I am here apparently the lot is not big enough in the front. No. 1636 is there and then the light, and the cemetery and its on the hill.

Mr. Moran: The one with canvas on the top?

Applicant: Yes.

Mr. Oster: 1.5 ft clear .

Applicant: It can be moved.

Mr. Smith: You need 5 feet from the line.

Mr. Owen: Does it have water and sewer?

Applicant: I don’t know if it works. I would like to connect to the street. Use the well if possible. They have not lived there for years so there may not be.

Mr. Smith: They don’t show it the area is going to be short too.

Applicant: The area which way?

Mr. Mattatall: It is short.

Mr. Smith: It needs 15, 000sq/ft and its under 8,000 - about half the size. We don’t know exactly what the number is. Is Roger Ferris working on this now?

Applicant: No.

Mr. Smith: It might be in your deed - the amount of sq/ft. We need to know that and you need another varianze for area or size of the lot.

Applicant: I am meeting how far the house goes into the lot the only thing was the frontage of the road according to the people here.

Mr. Smith: Existing septic?

Applicant: The well I can propably use and the septic I want to hook up to the city. There is hole cover in the back but I have not opoened it up.

Mrs. Thompson: That is septic now and Town sewer.

Mr. Smith: This is served by sewer but not water and is Type B.
if it is neither lot width goes to 190.

Applicant: I do have something here.

Mr. Smith: You can come back with information next month or call in info within the next few days and we can hold the hearing next month. The way it is written up it looks like sewer is included. You have to come back next month and do more research if sericed by sewage an dif it is or isn’t you need to have different variances. We need amount of area in sq/ft. The whole lot and the house and come back for review and public hearing in December. You will need to return on 11/18.

Applicant: Thanks a lot.

R&N Realty Mgt:

Terry Seeley, Esq.: The property off 211 on New Vernon Road; essentially the Planning Board (PB) indicated they needed to come here for area variance and the question is if it was a pre-existing use. It was previously before board in February. I think they did not understand that the burdon was on them to provide proof of hardship. There was no formal decision and board voted against it. The architect or surveyor presented it and were caught unawares.

Mr. Smith: The lot size - what do you want to go from to?

T. Seeley: In its existing form it is undersized for HC and on the map it shows the comparison.

Mr. Smith: You need to know the ‘from’ / ‘to’ notations.

T. Seeley: Use the map and lot area: 20 to 13 and side yard short and front set back is set as well. The lot area from 20k to 13809 sq/ft; front yd from 35 to 12.7 ft and side yard.

Mr. Oster: Is this what we looked at in the Spring?

T. Seeley: They failed to make the presentation and that is why they are reapplying. It can’t be used for its current use and want ot make a better presentatio nthan last time.

Mrs. Thompson: Is there another business besides a convenience store?

T. Seeley: Application to the PB was for real estate up stairs and deli down stairs. R&M Realty was to have their offices up stairs.

Mr. Oster: The entrances off Church Street and the entrance off Rt 211 - they were in contention.

T. Seeley: To my knowledge no formal decision was made by the Board. So to address your concerns they did not have an ability to do it.

Mr. Smith: Can they close Rt 211?

T. Seeley: They will do what they can as they can’t use it now.

Mrs. Thompson: There is something strange - where does the sewage go?

Mr. Smith: It was a garage at one time

T. Seeley: Gas station at one point too. From looking at the record they were lead to believe they just had to show up and were not prepared.

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

Mr. Smith: It is necessary to notify everyone within 300 feet of the property. You can get the list from the tax office. The notice will be in the THR within the week. Take that notice and copy it and send it certified or registered mail to everyone on the list at least 10 days prior to your hearing date. Bring the proof of mailings with you to open the public hearing.

CONTINUATION (September 9, 2002)

Ken Rossi: Request for variance of 249-19 D (side and rear yard setback): lot width from 150 to 125ft; depth from 200 to 170ft; area from 40,000 to 21,250 sq/ft; for removal of existing trailer to build new home; Property located at 46 York Road (SEC 3 BL 1 LOT 104.24); Designated RA.

Public Hearing continued at 8:40 pm.

Mr. Smith: Have you had any luck in making deal with neighbor?

Representative: I don’t believe he did but he downsized the building to 2 bedroom and increases the side yards even more.

Mr. Smith: Any questions from the Board?

Mr. Oster: The lot exists and worked with us with reducing size of the house. One time it was 58 feet and its now 36.

Mr. Smith: The side yards are now fine.

Mrs. Thompson: That is a big house.

Mr. Oster: It is 31 by 58.

Mr. Smith: They have downsized it and 2 bedroom.

Mrs. Thompson: One story? The plan has 2nd story on the plan.

Representative: It is for a 2 bedroom and 1 bath.

Mr. Oster: They have done that to be in more conformance with the lot. They reduced the size of the home and spent and negotiations and property did not come about and I don’t think its overlarge for that property now.

Mr. Smith: You have made an effort and would go with this.

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

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

Mr. Smith: I Move to close the hearing at 8:44 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variances: lot width from 150 to 125ft; lot depth from 200 to 170ft and area from 40,000 sq/ft to 21, 250sq/ft; Seconded.

DISCUSSION:

None.

VOTE:

In favor 6
opposed 0

PUBLIC HEARINGS:

TREVOR BARRETT: Request for a variance of 249-22-D (rear and sideyard set backs) from 30ft to 4.3ft; for construction of a deck; Property located at One Abington Mews; Designated R-1.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 8:46 pm.

Mr. Smith: I Move to open the Public Hearing at 8:47 pm.

Mr. Smith: Please present you application.

Mrs. Thompson: You will not enclose the deck?

Mrs. Barrett: No.

Mr. Oster: The size of the common area is?

Mrs. Barrett: I spoke to the president of their board and they said it is here in the town a site map? It is in between the common property and I don’t know the width.

Mr. Oster: It looked at least 10 feet.

Mr. Owen: Did the home owners association have anything to say.

Mrs. Barrett: No, I don’t have anything from therm. I use to be on their board. Initially they approved it and then someone came out and said we need a permit. 65% of the places have decks.

Mr. Oster: We don’t know if they encroach.

Mrs. Barrett: Someone came out and Mr. Kimball came out and asked for permit and why we are here. The Home Owner Association don’t mind.

Mr. Smith: You don’t mind having it out to 4 feet?

Mrs. Thompson: It does not look like it would bother anything.

Mr. Smith: I saw others we don’t want to start something with people putting decks out to their property line.

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

Mr. Smith: Any questions from the Public?

Ronda Ildefonso, Three Belgrave Mews: I am from the same development. What is it they want?

Mr smith: They want variance so they can extend their deck.

Mr. Morgan: When you apply for permit they will tell you.

Rhonda Ildefonzo: There are other decks.

Mr. Smith: The others may be illegal, I don’t know.

Mr. Oster: In the back yard there are others but I did not measure them. You may want to write a letter to the home association and note that although they approve it, they may want to come to the Town and be sure they comply with our rules.

Mr. Smith: Any questions from the Board?

Mr. Oster: It is common property and I don’t find it a real hardship and it such that no one can build on it.

Mr. Smith: You are on the end and we are not going to give carte blanch approval like this.

Mr. Smith: I Move to closet the Public Hearing at 8:53 pm.; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following rear and side yard variance to construct a deck from 30 to 4.3 ft; Seconded.

DISCUSSION:

(None)

VOTE:

On favor (aye): 5
Opposed (nay): 1

DECISION:

Mr. Smith: The variance has been granted, please see the Building Department.

James & Deborah Beamsderfer: Request for variance of 249-9 (fence height) from 4ft to 5ft; 249-3 (accessory building) from 28x28ft to 200x80ft and 96x36ft; for proposed riding arena, barn and fence for horses; Property located at 60 Shaw Road (SEC 24 BL 1 LOT 55.4); Designated R-2.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Notice was read at 8:55 pm.

Mr. Smith: I Move to open the Public Hearing at 8:57 pm.

Mr. Smith: Please present your application.

Mr. Beamsderfer: I have a picture of the fence that may explain it.

Mr. Owen: It is open fencing.

Mr. Beamsderfer: I need for it to be 5ft high - simply because of the horses we plan to have. 4ft would not contain them as they are hunter jumpers. We verified that.

Mrs. Thompson: Will it go right out to the road?

Mr. Beamsderfer: No.

Mrs. Thompson: How far?

Mr. Beamsderfer: 20 feet. We are working in the back.

Mrs. Thompson: The septic - it did not measure 100 feet.

Mr. Beamsderfer: The septic on the house has been approved by town engineer.

Mrs. Thompson: And the well?

Mr. Beamsderfer: Yes and the building was already approved.

Mr. Oster: It is not an opaque fence and don’t’ see problem going from 4 to 5 and the accessory is well off it as well.

Mr. Smith: Additional fence in the future?

Mr. Beamsderfer: Additional sections we would fence potentially behind the house.

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

Mr. Smith: Any questions from the board?

Mrs. Thompson: It is a nice operation.

Smith: looks good so far.

Mr. Smith: I Move to close the public hearing at 9:00pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance: 1) fence height from 4ft to 5ft; accessory from 28x28 to 200 x 80ft; additional 96 x 36ft accessory to comply with Victor Erickson 5/9/02;

Seconded.

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