TOWN OF WALLKILL ZONING BOARD OF APPEALS

DECEMBER 9, 2002

PRESENT:

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

Joseph A. Owen, Esq.

EXCUSED:

John Cieslewitz, Jr.
James Owen

MEETING OPENING:

The December meeting of the Town of Wallkill Zoning Board of Appeals opened with the pledge to the flag followed by the roll call and presentation of the November 18, 2002 Meeting Minutes.

The following corrections were noted:

Page 3 Line 4, 5 replace rabbis with rabies

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

The following applications were reviewed and Public Hearings conducted and voted upon as noted.

HEARING REVIEWS:

Frank L. Giza:

Mr. Giza: Its for an accessory building near the residence.

Mr. Smith: Any questions from the Board?

Mr. Giza: The terrain from proposed garage’s terrain goes up to 8 feet level to where we have proposed and right immediately after. This will cause a lot of excavation and so forth. They have a little deck that goes down to that driveway level.

Mr. Smith: The side deck?

Mr. Giza: Off the small deck.

Mrs. Thompson: Do you know if you are RA or R2.

Mr. Giza: I don’t know; I don’t live out there - I am the builder. The house front is even with the driveway and the terrain back there is level with the 1st floor.

Mr. Oster: The entrance is off to the side or where?

Mr. Giza: I want to explain. Last Summer I had an accident and lost my hearing.

Mr. Oster: Cars come in this way (looking at map); so not necessary to change the driveway.

Mr. Giza: Yes. There are 2 overhead doors from front, off that driveway.

Mrs. Thompson: Does it have to be that close?

Mr. Giza: 9 feet off line at the closest corner.

Mr. Smith: Can they move that over at all to the left - off the property line, even couple of feet?

Mr. Giza: We might be able to move it up 3 or 4 feet from the reservoir road and gain couple feet from the line and the line goes off at an angle.

Mr. Smith: You show 9 now; maybe pull to the left and off the line a little.

Mr. Oster: If you pull it off, come off the line.

Mrs. Thompson: At the end of the driveway?

Mr. Giza: Closer to the house, in other words? They will have someone take out some trees and prepare the site and possibly dig down from end of the driveway.

Mr. Smith: Back away from the road?

Mr. Giza: From the reservoir we will gain some. If we bring to end of driveway will that be sufficient.

Mrs. Thompson: Do you see that I am talking about (looking at the map) on the driveway?

Mr. Smith: And dig the driveway out?

Mr. Giza: Not sure if there is enough room.

Mr. Morgan: Turn it so they drive right in and make it 24 ft the 28 ft dimension.

Mr. Giza: If we put it on the end of the driveway, its 28 ft across that they come in? Its too much excavating.

Mr. Smith: You can pull it over 2 to 3 feet?

Mr. Giza: Yes.

Mrs. Thompson: It can’t be behind the house yet.

Mr. Smith: Any other questions?

Mr. Smith: I Move to hold a Public Hearing for January 13, 2002 at 7:30 pm or as soon there after as the matter can be heard; Seconded; All in favor; Motion carried.

Mr. Smith: It is necessary to notify everyone within 300 feet of your property of the Heating. Later this week in the Times Herald Record you will find the notice of the Public Hearing. Take the notice and copy it to everyone on the list you can get from the Tax Office. The notice must be mailed at least 10 days prior to your hearing date by certified or registered mail. Bring your proof of mailings to open your public hearing.
Mr. Smith: If you have any questions, give the office a call.

Mr. Giza: We have only 2 of the 3 people next door.

Mr. Smith: The Office down the hall can give you the list of names.

Mrs. Thompson: Be sure to see the Town because there may be vacant lots and you don’t know who they are.

Middletown Medical:

Al Fusco and Rav Van Voorhis: We have the architectural pland and a site plan and have extras if you need them. We are proposing minor addition to the medical facility which is minor in comparison. We have been before the Planning Board and worked our way through it and submitted the plans and parking. It was indicated we needed additional parking spaces -. 46 additional and are 10 short. We need 214 spaces and have 204. We are 10 short. One of things we are asking for is 249-12-F decrease in number from 214 to 204 .

Also requested is a variance in addition because 30 of 46 spaces able to come up in darkened area (former Fulton Chevrolet ) the owners of the medical facility have already purchased it and are planning for parking and will utilize this. It is within 500 ft of the facility and according to Code it can be acceptable parking if within 500 feet that requires parking. We have shown it even with dotted lines as someone walk is 493 feet from the furthest spot to the entrance. We have proven that. One thing the Planning Board attorney brought up was 249-39-A and 249-40-B that there are stipulations in relationship where the Planning Board or Town Board can look at a facility to see if it represents a hazard. Edgewater is a secondary road - not that much traffic and was used for used car parking and some pedestrian crossing. It will be employee parking designated and believe crossing a 24ft road is not necessarily a hazard. Requesting: 1) decrease 214 to 204 spaces; and 2) a determination that crossing Edgewater not be listed as a hazard and will provide crosswalk

Mrs. Thompson: And light? At night you will have employees walking and you need light.

Mr. Fusco: We have lighting in the parking areas. No problem cooperating with the Town to getting a light there as it’s town jurisdiction.

J.Owen, Esq.: Did the Planning Board want thZBA to give a determination if this is a hazard?

Mr. Fusco: T. Barrone gave us a letter and it might be significant for a variance or an interpretation. They brought it up.

J. Owen, Esq.: That is not something the Planning Board provides.

Mr. Oster: We would need a traffic study before we could make a determination.

Mrs. Thompson: How big is the 2-story building.

Ray Van Voorhis: We are doing the addition via the dotted building. It’s a 3 story building: 1st floor will go where the pharmacy was and 2nd 3rd cantilever over the parking

Mrs. Thompson: What will the 2nd and 3rd floors be ?

Mr. VanVoorhis: Medical offices. The 214 number is based on the zoning ordinance.

Mr. Fusco: The owners have looked at extraordinary methods to gain parking. They made an offer and the the owner yanked the contract. They looked at Denny’s for a 50 year lease and when we reached them it was something like 2 million dollars. The other area has major drainage and the owner of the medical facility bought it without the seller’s condition. We were able to come up with most of parking required from 30 spaces and added on site and all spaced comply with code; set back, landscape screening and it does comply. It is 10 short and were directed here before we can complete presentation with the Planning Board.

Mr. Oster: You can have a public hearing on it and ordinarily 10 out of this is not that large of number and concerned these will not get used and this will get tight as hell (looking at the map). They should have it marked. It gives employees incentive to park there.

Mr. Smith: It will be marked on pavement or a sign?

Mr. Oster: They want to do this and see difficulty in the distance.

Mr. Smith: Did you check with Jack Schwaab?.

Mr. Fusco: They went to contract with Jack and at last minute his children talked him out of it.

Mr. Smith: I Move to hold a Public Hearing on January 13, 2002 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 your property of the hearing. Later this week in the Legal Section of the Times Herald Record you will find the notice of the Public Hearing. Take that and copy it to everyone on the list you can get from the Tax Office. It must be mailed at least 10 days prior to your hearing date by certified or registered mail. Bring your proof of mailings with you to your public hearing.

Mr. Oster: We are concerned just with parking spots.

Mr. Fusco: Yes.

DONALD DODD:

Mr. Smith: This is for an accessory building. Is the house where it is shown on the drawing?

Mr. Dodd: Yes, I want it for 3 cars - classic, truck and other stuff. I have 2 portable storage but just not enough space for lawn mowers.

Mr. Morgan: Will you remove them?

Mr. Dodd: Yes, when this is done, they will be sold.

Mr. Smith: Accessory building is located on the map.

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

Mr. Oster: How far from the lines?

Mr. Dodd: Behind it is 69 feet and we keep 25 feet for the right of way for O&R. My property goes to center of line and neighbor the other.

Mr. Smith: I Move to hold a Public Hearing on January 13, 2002 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 your neighbors within 300 feet of the property. Later this week you will find the Public Hearing Notice in the Times Herald Record’s Legal Notices. Take that and copy it to everyone on the list you can get from the Tax Office. Remember to bring your proof of mailings with you when you come for your hearing in January.

ANTONIO PARISI

Mr. Parisi: I am missing names for neighbors. I have 11 copies of the plot forms with the property set back and correction for the building. There is a miss understanding for what I am going for.

Mr. Smith: What are you requesting?

Mrs. Thompson: This is HC..

Mrs. Thompson: How long have you owned?

Mr. Parisi: I have owned it since 1993.

Mr. Mattatall: Are you changing any of the foot print?

Mr. Parisi: No.

Mrs. Thompson: The land on either side is not available? You have your lot ...

Mr. Parisi: ... a house on each side.

J. Owen, Esq.: Do you want to rebuild what?

Mr. Parisi: It was a store and change to one residential.

J. Owen, Esq.: A change of use.

Mr. Smith: How long was it vacant?

Mr. Parisi: 8 years.

Mr. Smith: A change from from commercial to residential.

Mrs. Thompson: It was a house.

J. Owen, Esq.: What ever was there has expired.

Mrs. Thompson: So it needs a use variance?

Mr. Smith: Yes.

J. Owen, Esq.: If this is HC, one family residents are permitted as long as there is a minimum lot size met.

Mr. Smith: This is just under looking at tax map.

Mr. Smith: We are going off the Assessor’s record. It is 88.6 which makes it just shy of 20k. The variance for a lot size and we don’t know exactly what the size is. From 20k down to...

Mr. Oster: We need the exact location to meet width requirement.

Mr. Smith: The tax map is 200 on each. Did you have it surveyed?

Mr. Parisi It is 203.

Mr. Smith: What is behind you? A 10 or 20 foot strip which will give you what you need.

Mr. Parisi: I can look into it.

Mrs. Thompson: That will make it so simple.

Mr. Smith: If you could purchase a small strip, again it has to be calculated.

Mr. Parisi: What is the minimum?

Mr. Smith: Very close to 20,000. We will hold off and if you can write a letter. Get the name from the Tax Office. Also, if you can come up with an accurate calculation of the sq/ft you have there. You will be about 19,000 sq/ft and you need 20,000 sq/ft. You can avoid the variance if you purchase a strip in the rear.

Mr. Smith: I Move to hold a Public Hearing on January 13, 2002 February 10, 2003 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

Mr. Smith: You need to notify everyone within 300 feet of your property of the Public Hearing. Later this week in the Times Herald Record you will find the public notice for this. Take that notice and mail it to everyone on the list you can get from the Tax Office, by certified or registered mail, at least 10 days prior to you hearing date. Bring proof of mailing with you at the January meeting, please.

CONTINUE: November 18, 2002

R&N

Mrs. Thompson: We received a fax on 12/9 from the attorney making the request the application be withdrawn.

Application withdrawn.

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