PUBLIC HEARINGS: December 9, 2002

HUMANE SOCIETY (JoAnne Newman): Request for a variance of 249-3 (accessory building) to 28x36ft and permit the building to be in front of the primary building. Property located at 142 Bloomingburg Road (SEC 14 BLOCK 1 LOT 42); Designated HC.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 8:18 pm.

Mr. Smith: I Move to open the Public Hearing at 8:21pm.

Mr. Smith: Please present your application.

Ms Newman: I had one (mailing) returned as ‘no such address’.

Ms Newman: I hope to supply with what you need and it will be a big help. We have rabies clinic out of door and it’s not sufficient.

Mr. Smith: Did you get a number of cars.

Ms Newman: At a rabies clinic you have to turnover of a lot of people they come all the way through and not that many at one time. Same as education programs where we may have lots of students but no cars.

Ms Newman: We have not had anyone outside the gate or on the road.

Mr. Morgan: How many do you have?

Ms Newman: 35-40 parking spaces. Never a parking problem, even when the volunteers are there.

Mr. Oster: My concern for parking could be done at once. I am going to look at it.

Mr. Smith: Any one from the public? (No)

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

Mr. Smith: I Move to close the public haring at 8:26 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant a variance of 249-3 and 249-8 for a 28x36 accessory and accessory located in front of primary building; Seconded.

DISCUSSION:

Mr. Morgan: I don’t see it as a problem.

Mr. Oster: You will need 4 YES votes to pass the variance.

Ms Newman: Go ahead.

VOTE:

In favor (aye): 5
Opposed (nay): 0

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

BERNABE & DENISE GUTIERREZ: Request for variance of 249-20-D (lot size) from 90ft to 75ft; Property located at 1636 Goshen Turnpike (SEC 45 BLOCK 2 LOT 11); Designated R-2.

Mrs. Thompson: The mailing were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 8:27 pm.

Mr. Smith: I Move to open the Public Hearing at 8:28 pm.

Mr. Morgan: Please present your application.

Mrs. Thompson: Only comment from the neighbor.

Mr. Smith: Hook into the sewer and well water?

Mr. Gutierriez: Yes.

Mr. Smith: Any comments from the Board?

Mr. Gutierrez: The house is modular and the work was done by others.

Mr. Oster: The lot is pre-existing.

Mr. Gutierrez: The size is good.

Mr. Smith: We received a letter from a neighbor (Katherine Frank) in favor of granting the variance.

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

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

Mr. Smith: I Move to close the Public Hearing at 8:31 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance of 249-20-D (lot size) from 90ft to 75ft; Seconded.

DISCUSSION: None.

VOTE:

In favor (aye): 5
Opposed (nay): 0

Mr. Smith: The variance is granted, please see the building department.

KEITH & THERESA DELANEY: Request for a variance of 249-3 (accessory building) to 30ft x 40ft; pole barn for storage of personal items; Property located at 14 Brimstone Hill Road (SEC 12 BLOCK 1 LOT 28.31); Designated RA.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 8:32 pm.

Mr. Smith: I Move to open the Public Hearing at 8:33 pm.

Mr. Smith: Any questions from the Board?

Mr. Morgan: You will use this strictly for personal use?

Mr. Delaney: Yes.

Mr. Oster: Nothing this is minimal relief. It is windy on top of the hill.

Mr. Smith: I see no problems with this.

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

Mr. Smith: Any questions from the Board?

Mrs. Thompson: Is it going to dwarf the house?

Ms Delaney: No.

Mr. Smith: I Move to close the Public Hearing at 8:34 pm; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance for a pole barn to 30ft to 40ft; Seconded.

DISCUSSION:

(None)

VOTE:

In favor (aye): 5
Opposed (nay): 0

DECISION:

Mr. Smith: The variance is granted, see the Building Department.

JOHN JACKSON: Request for a variance of 249-20-D (rear yard) from 30ft to 11ft; for construction of a deck (pool); Property located at 22 Loch Lomond Lane (SECTION 42 BLOCK 5 LOT 1); Designated R-2.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 8:36 pm.

Mr. Smith: I Move to open the Public Hearing at 8:37 pm. Please present your application.

Ms Jackson: It is for a variance from 30ft to 11ft for a pool deck.

Mrs. Thompson: Will it be raised more or as it is?

Ms Jackson: As it is.

Mr. Oster: The pool decking around it was approved. If you take deck down the pool is it to remain standing?

Mr. Smith: This is a minor variance. He had approval before.

Mr. Oster: It got close to the house and there is a nice fence there and it is shielded from the neighbors.

Mr. Mattatall: It will blend in with the landscape.

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

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

Mr. Smith: I Move to close the Public Hearing at 8:38 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance of 249-20-D for a rear yard set back from 30ft to 11ft; Seconded.

DISCUSSION:

None

VOTE:

In favor (aye): 5
Opposed (nay): 0

LEE & CARRIE STICHMAN: Request for a variance of 249-20-D (rear yard setback) to permit deck within 6 ft of property line; Property located at Three Baldwin Hill Road (SEC 44 BLOCK 1 LOT 96); Designated R-2.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 8:40 pm.

Mr. Smith: I Move to open the Public Hearing at 8:41 pm.

Mrs. Thompson: Its too close to the neighbor’s property. They are not there yet.

Mr. Stichman: Amy or Fred Pinto wrote a letter.

Mr. Oster: He goes back to the corner and the homes were put in there but it is the way it is. He told me about it and showed me the layout.

Mr. Stichman: It was built, I would not have known.. I bought this as a spec house. The wind is unbelievable; no windows on that side of the house..

Mr. Smith: It is at least 15 miles an hour stronger than in Middletown.

Mr. Smith: Any questions from the Board?

Mr. Oster: When I saw the 5 feet, I did not understand until he explained how the lots are drawn. Normally you would not see me in agreement for 5 feet.

Mr. Stichman: You could get lot line changed.

Mrs. Thompson: Who is the developer?

Mr. Stichman: Raymond Development .

Mr. Morgan: I see no problem because of the unique way it is laid out.

Mr. Smith: If you wanted a big deck you could move the house forward.

Mr. Stichman: Now you can’t have a grill and a chair on the deck.

Mr. Smith: I would like to see the lot line changed and see this in the future. You will need survey somewhere you can triangle. It will be about 1,000.

Mr. Stichman: We just moved in.

Mr. Smith: We have had a couple of these and understand the layout and more people with decks near lot lines.

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

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

Mr. Smith: I Move to close the Public Hearing at 8:47 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant a variance for an extended deck to within 6 feet of the property line; Seconded.

DISCUSSION:

Mr. Smith: You will need 4 ‘yes’ votes for the variance to pass.

Mr. Stichman: It is an oddly shaped lot and I will not keep up his front lawn.

VOTE:

In favor (aye): 5
Opposed (nay): 0

DECISION:

Mr. Smith: The variance is granted, see the Building Department.

Mrs. Thompson: This is the second house we have had where a new built house is built too close to the lot line.

Mr. Stichman: It is a very odd and the location where they put it.

MEETING CLOSE:

Mr. Smith: There being no further items to come before the Zoning Board of Appeals; I Move to close the Meeting at 8:50 pm; Seconded; All in favor; Motion carried.

tsb: jcd

TOWN OF WALLKKILL ZONING BOARD OF APPEALS

DECEMBER 9, 2002

Decision Sheet

R & N Application with drawn.

JOANNE NEWMAN /
HUMANE SOCIETY OF MIDDLETOWN Request for a variance of 249-3 (accessory building) to 28 x 36ft and to permit the building to be in front of primary building. Property located at 142 Bloomingburg Road (SEC 14 BLOCK 1 LOT 42); Designated HC.

DECISION: Variances granted.

KEITH & THERESA DELANEY Request for a variance of 249-3 (accessory building) 30ft x 40ft for storage of personal items; Property located at 14 Brimstone Hill Road (SEC 12 BLOCK 1 LOT 28.31); Designated RA.

DECISION: Variance granted.

LEE & CARRIE STICHMAN Request for a variance of 249-20-D (rear yard setback) to permit deck with 6 ft of property line; Property located at Three Baldwin Hill Road (SEC 44 BLOCK 1 LOT 96); Designated R2.

DECISION: Variance granted.

BERNABE & DENISE GUTIERREZ Request for a variance of 249-20-D (lot size) from 90ft to 75ft; Property located at 1636 Goshen Turnpike (SEC 45 BLOCK 2 LOT 11); Designated R-2.

DECISION: Variance granted.

JOHN JACKSON Request for a variance of 249-20-D (rear yard) from 30ft to 11ft for construction of a deck (pool); Property located at 22 Loch Lomond Lane (SEC 42 BLOCK 5 LOT 1); Designated R-2.

DECISION: Variance granted.