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MINUTES ZONING BOARD OF APPEALS
JULY 16, 2008 MEETING MEMBERS PRESENT: WILLIAM MOWERSON, JOHN DOHERTY, DANIEL SULLIVAN AND PATRICIA CASTELLI ABSENT: NANETTE ALBANESE ALSO PRESENT: Dennis Michaels, Esq. Deputy Town Attorney, Kathryn LeBeau,, Official Stenographer and Deborah Arbolino, Administrative Aide
This meeting was called to order at 7: 00 P.M. by Chairperson William Mowerson. Hearings on this meeting's agenda, which are made a part of this meeting, were held as noted below:
PUBLISHED ITEMS - APPLICANT'S DECISIONS
CONTINUED ITEMS: RIVERSIDE HOMES- ZBA#08-52-DENIED;78.18 / 1 / 47; R-80 zone
HOLLOWS AT BLUE HILL- ZBA#08-61-TEMPORARY SIGN VARIANCE APPROVED AS MODIFIED FOR ONE YEAR; 73.05 / 1 / 53.2; PAC zone
NEW ITEMS: MC ALEER-ZBA#08-68-TOTAL SIDE YARD VARIANCE APPROVED WITH CONDITION; 68.14 / 2 / 81; R-15 zone
SHIELDS-ZBA#08-69-FLOOR AREA RATIO AND BUILDING HEIGHT VARIANCES APPROVED; 68.20 / 3 / 21; RG zone
MAY-ZBA#08-70-FRONT YARD VARIANCE APPROVED; 73.16 / 1 / 7; R-22 zone
ANSELMI-ZBA#08-71-FLOOR AREA RATIO, FRONT YARDS AND SIDE YARD VARIANCES APPROVED; 69.05 / 2 / 49; R-15 zone
NOONAN- ZBA#08-72-FRONT YARD AND SECTION 4.5 VARIANCES APPROVED WITH COVENANT; 69.09 / 5 / 70; R-15 zone
ORANGBURG RACQUET CLUB- ZBA#08-73-NEW YORK STATE TOWN LAW 280-a EXCEPTION GRANTED FRONT YARD, SIDE YARD VARIANCES APPROVED; BUILDING HEIGHT VARIANCE DENIED; 77.05 / 1 / 1; LIO zone
DR. EDWARD FISHER-ZBA#08-74-FRONT YARD, REAR YARD AND PARKING SPACE VARIANCES APPROVED; 74.18 / 3 / 35; CS zone
MURPHY-ZBA#08-75-CONTINUED; 69.14 / 2 / 22; R-15 zone
THE DECISIONS RELATED TO THE ABOVE HEARINGS are inserted herein and made part of these minutes. The verbatim minutes, as recorded by the Board's official stenographer for the above hearings, are not transcribed.
There being no further business to come before the Board, on motion duly made, seconded and carried, the meeting was adjourned at 12:30 A.M. Dated: July 16, 2008 ZONING BOARD OF APPEALS TOWN OF ORANGETOWN
Deborah Arbolino Administrative Aide DISTRIBUTION
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DECISION
SIDE YARD, REAR YARD AND FLOOR AREA RATIO VARIANCES DENIED ZBA # 08- 52; Date: 6 / 18 / 08 & 7 / 16 / 08
To: Max Jacobs; 220 Willow Tree Road; Monsey, New York 10952 FROM: ZONING BOARD OF APPEALS: Town of Orangetown
ZBA#08-52: Application of Riverside Homes of Nyack Inc. for variances from Chapter 43, Section 3.12, R-80 District, Group A, Columns 4 (Floor Area Ratio: .10 permitted, .134 proposed), 9 (Side Yard: 30' required, 10' proposed) and 11 (Rear Yard: 40' required, 35' proposed) for a detached two-car garage at a new single-family residence. The premises are located at 10 Woods Road, Palisades, New York, and are identified on the Orangetown Tax Map as Section 78.18, Block 1, Lot 47; R-80 zone.
Heard by the Zoning Board of Appeals of the Town of Orangetown at meetings held on the following Wednesdays, June 18, 2008 and July 16, 2008 at which time the Board made the determination hereinafter set forth.
Max Jacobs and Marvin Putter appeared and testified.
The following documents were presented over the course of the meetings:
At the meeting of June 18, 2008 Max Jacobs testified that he would like to build a detached two-car garage with a low pitched roof positioned on the lot at the end of the driveway; that it would be screened from the neighbors by the 6' fence that is on three sides of the property; and that he would like a continuance to have the professionals check the requested floor area ratio variance.
Public Comment:
Carol Baustian, 4 Woods Road, testified that she is an abutting property owner; that she objects to the floor area ratio; that it is excessive; that she did the calculations and came to the conclusion that the requested floor area ratio should be .134; that the impacts on the rear and side yards changes the character of the neighborhood; that this is a small lot with a small lawn; that the previously approved house had an attached garage; that the approved space for the attached garage is now being used for more house; that it is not the norm for this area to have any garage at tall; and detached garages are not common in the neighborhood; that the applicant did not show any hardship; that the detriment to the neighborhood outweighs the applicants need to make more money on the property; and that the house and garage should not exceed the size set forth by existing zoning.
At the meeting of July 16, 2008 Max Jacobs and Marvin Putter appeared and testified.
Max Jacobs testified that new site plans were submitted which show a 35' rear yard, 10' side yard and a floor area ratio of .134; that the property has been substantially improved by removing the existing concrete block house that had broken windows graffiti and mold; that a variance was approved for a detached garage of similar size on similar size lot on Washington Spring Road; that the garage would not interfere with any privacy because of the existing 6' fence; that the house is very small under 2,000 sq. ft.; that taking 450 sq. ft. off of that for the garage left a very small and awkward first floor without a coat closet or bathroom on the first floor; that he is planning on building a green house; that would be environmentally sound, energy efficient at his own expense; that the green house would probably cost 10 - 25% more to build; that there would be no petroleum based products used to construct it; and that it would probably the first of its kind in the County.
Marvin Putter testified that the lot is only 19,700 sq. ft.; that the proposed garage does not intrude on anyone; that it is set back on the lot and does not intrude on sunlight or views for anyone; that the existing fence would cover of it; that there is no height variance needed; and that the floor plan for the original house was poorly planned without a bathroom or hall closet.
Public Comment:
Carol Basutian, 4 Woods Road, testified that she objects to the 35% increase in floor area ratio; that the granting of the variances would cause an undesirable change in the character of the neighborhood; that this is a small lot with a large dwelling proposed for it; that there is a 700 sq. ft. basement and 400 sq. ft. attic in the house; that two car garages are not the norm for the neighborhood; that she has a one-car attached garage; that there are 10 -12 houses in the area with no garage; and one with a two car garage; that there is no clear need for the garage; and that the absence of a garage does not prove a hardship.
Richard Saunders, 4 Woods Road, testified that 34 -35 % over the floor area ratio is a lot; that there was a garage that they are choosing to turn into a master bedroom suite; that they made these changes already when they poured the foundation because there is no slab for the garage; that there is no need only speculation of profit; that consideration should be given to the neighbors; that the garage will be totally out of character in the neighborhood; and that the “green house” is a red herring.
The Board members made personal inspections of the premises the week before the meetings and found them to be properly posted and as generally described on the application.
A satisfactory statement in accordance with the provisions of Section 809 of the General Municipal Law of New York was received.
FINDINGS OF FACT AND CONCLUSIONS: After personal observation of the property, hearing all the testimony and reviewing the documents presented, the Board found and concluded that the benefits to the applicant if the variance(s) are granted do not outweigh the detriment to the health, safety and welfare of the neighborhood or community by such grant, for the following reasons:
DECISION: In view of the foregoing and the testimony and documents presented, the Board: RESOLVED, that the application for the requested side yard, rear yard and floor area ratio variances is DENIED; and FURTHER RESOLVED, that such decision and the vote thereon shall become effective and be deemed rendered on the date of adoption by the Board of the minutes of which they are a part.
General Conditions:
(i) The approval of any variance or Special Permit is granted by the Board in accordance with and subject to those facts shown on the plans submitted and, if applicable, as amended at or prior to this hearing, as hereinabove recited or set forth.
(ii) Any approval of a variance or Special Permit by the Board is limited to the specific variance or Special Permit requested but only to the extent such approval is granted herein and subject to those conditions, if any, upon which such approval was conditioned which are hereinbefore set forth.
(iii) The Board gives no approval of any building plans, including, without limitation, the accuracy and structural integrity thereof, of the applicant, but same have been submitted to the Board solely for informational and verification purposes relative to any variances being requested.
(iv) A building permit as well as any other necessary permits must be obtained within a reasonable period of time following the filing of this decision and prior to undertaking any construction contemplated in this decision. To the extent any variance or Special Permit granted herein is subject to any conditions, the building department shall not be obligated to issue any necessary permits where any such condition imposed should, in the sole judgment of the building department, be first complied with as contemplated hereunder. Occupancy will not be made until, and unless, a Certificate of Occupancy is issued by the Office of Building, Zoning and Planning Administration and Enforcement which legally permits such occupancy.
(v) Any foregoing variance or Special Permit will lapse if any contemplated construction of the project or any use for which the variance or Special Permit is granted is not substantially implemented within one year of the date of filing of this decision or that of any other board of the Town of Orangetown granting any required final approval to such project, whichever is later, but in any event within two years of the filing of this decision. Merely obtaining a Building Permit with respect to construction or a Certificate of Occupancy with respect to use does not constitute “substantial implementation” for the purposes hereof.
The foregoing resolution to deny the application for the requested variance was presented and moved by Ms. Castelli , seconded by Mr. Sullivan, and carried as follows: Mr. Mowerson, aye; Ms. Castelli, aye; Mr. Sullivan, aye; and Mr. Doherty, aye. Ms. Albanese was absent.
The Administrative Aide to the Board is hereby authorized, directed and empowered to sign this decision and file a certified copy thereof in the office of the Town Clerk.
DATED: July 16, 2008
ZONING BOARD OF APPEALS TOWN OF ORANGETOWN Deborah Arbolino Administrative Aide
DECISION
TEMPORARY SIGN VARIANCE APPROVED AS AMENDED FOR ONE YEAR ZBA # 08- 61; Date: 7 / 16 / 08
To: Donald Brenner (Hollows at Blue Hill); 4 Independence Avenue; Tappan, New York 10983 FROM: ZONING BOARD OF APPEALS: Town of Orangetown
ZBA#08-61: Application of The Hollows at Blue Hill, LLC for a variance from Chapter 43, Section 4.26 (a) Subdivision Signs: ( 60 sq. ft. permitted; 900 sq. ft. existing) for temporary signs at a new adult community complex. The Hollows at Blue Hill are located on the north side of Veterans Memorial Drive at the intersection of Hilton Hotel Drive, Pearl River, New York and are identified on the Orangetown Tax Map as Section 73.05, Block 1, Lot 53.2; PAC zone.
Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, July 16, 2008 at which time the Board made the determination hereinafter set forth.
Ed Lane and Donald Brenner, Attorney, appeared and testified.
The following documents were presented:
On advice of Mr. Michaels, Attorney to the Zoning Board of Appeals, Mr. Mowerson moved for a Board determination that the foregoing application is a Type II action exempt from the State Environmental Quality Review Act (SEQRA) pursuant to SEQRA Regulations 617.5 (c) (7) which does not require SEQRA environmental review. The motion was seconded by Ms. Castelli and carried as follows: Mr. Mowerson, aye; Ms. Castelli, aye; Mr. Sullivan, aye; and Mr. Doherty, aye. Ms. Albanese was absent.
Mr. Mowerson made a motion to open the Public Hearing which motion was seconded by Ms. Castelli and carried unanimously.
Donald Brenner testified that the County of Rockland always denies sign variances; that these are temporary signs; that this is a large project on a large property; that sales are in a holding pattern because of the economy; that the signs are very attractive and installed behind the County right-of-way; that Bradley Corporate Park has had a large sign up on Route 303 for years; that the small movable signs could be removed; and that in this market permitting the signs for one year would be helpful.
Ed Lane testified that they have done a survey of people visiting the site to see where they heard about the development; that about one-third read adds in the Journal News, one-third come from adds placed in the Bergen Record and another third come in because they see the signs; that this is a very difficult market and the signs are helping bring people in to the site; that he hopes that he does not need the temporary signs for very long; that the signs were designed for the site; that they are done in good taste; that he would request that the two signs along the road and the sign on the sales trailer be permitted to stay because they are helping in this difficult market; that he will remove all of the smaller portable signs; that the signs on the trailer direct people to the sales trailer; that if the Board wants only one sign on the trailer he will comply; and that he hopes that he sells all the units within six months but it doesn't seem likely given the economy; and that he would like to keep the temporary signs for one year.
Public Comment:
No public comment.
The Board members made personal inspections of the premises the week before the meeting and found them to be properly posted and as generally described on the application.
A satisfactory statement in accordance with the provisions of Section 809 of the General Municipal Law of New York was received.
Mr. Mowerson made a motion to close the Public Hearing which motion was seconded by Ms. Castelli and carried unanimously.
FINDINGS OF FACT AND CONCLUSIONS: After personal observation of the property, hearing all the testimony and reviewing the documents presented, the Board found and concluded that the benefits to the applicant if the variance(s) are granted outweigh the detriment (if any) to the health, safety and welfare of the neighborhood or community by such grant, for the following reasons:
DECISION: In view of the foregoing and the testimony and documents presented, the Board: RESOLVED, that the application for the requested temporary sign variance as modified is APPROVED for ONE YEAR from the date of this stamped decision with the FOLLOWING MODIFICATIONS; (1) All state signs shall be removed; (2) One 30' x 2' sign is permitted on the sales trailer; (3) one sign 68.5 x 5' is permitted at the entrance by the Hilton; (4) One 49' x 7' sign is permitted by the west entrance; (5) All temporary signage shall not exceed 710 `; and FURTHER RESOLVED, that such decision and the vote thereon shall become effective and be deemed rendered on the date of adoption by the Board of the minutes of which they are a part.
General Conditions:
(i) The approval of any variance or Special Permit is granted by the Board in accordance with and subject to those facts shown on the plans submitted and, if applicable, as amended at or prior to this hearing, as hereinabove recited or set forth.
(ii) Any approval of a variance or Special Permit by the Board is limited to the specific variance or Special Permit requested but only to the extent such approval is granted herein and subject to those conditions, if any, upon which such approval was conditioned which are hereinbefore set forth.
(iii) The Board gives no approval of any building plans, including, without limitation, the accuracy and structural integrity thereof, of the applicant, but same have been submitted to the Board solely for informational and verification purposes relative to any variances being requested.
(iv) A building permit as well as any other necessary permits must be obtained within a reasonable period of time following the filing of this decision and prior to undertaking any construction contemplated in this decision. To the extent any variance or Special Permit granted herein is subject to any conditions, the building department shall not be obligated to issue any necessary permits where any such condition imposed should, in the sole judgment of the building department, be first complied with as contemplated hereunder. Occupancy will not be made until, and unless, a Certificate of Occupancy is issued by the Office of Building, Zoning and Planning Administration and Enforcement which legally permits such occupancy.
(v) Any foregoing variance or Special Permit will lapse if any contemplated construction of the project or any use for which the variance or Special Permit is granted is not substantially implemented within one year of the date of filing of this decision or that of any other board of the Town of Orangetown granting any required final approval to such project, whichever is later, but in any event within two years of the filing of this decision. Merely obtaining a Building Permit with respect to construction or a Certificate of Occupancy with respect to use does not constitute “substantial implementation” for the purposes hereof.
The foregoing resolution to approve the application for the requested temporary sign variance as modified and conditioned was presented and moved by Mr. Mowerson , seconded by Mr. Sullivan, and carried as follows: Mr. Mowerson, aye; Ms. Castelli, aye; Mr. Doherty, aye; and Mr. Sullivan, aye. Ms. Albanese was absent.
The Administrative Aide to the Board is hereby authorized, directed and empowered to sign this decision and file a certified copy thereof in the office of the Town Clerk.
DATED: July 16, 2008
ZONING BOARD OF APPEALS TOWN OF ORANGETOWN
Deborah Arbolino Administrative Aide
DECISION
TOTAL SIDE YARD VARIANCE APPROVED WITH CONDITION ZBA # 08-68; Date: 7 / 16 / 08
To: Shane and Mary Mc Aleer; 59 Adams Court; Pearl River, New York 10965 FROM: ZONING BOARD OF APPEALS: Town of Orangetown
ZBA#08-68: Application of Shane and Mary Mc Aleer for a variance from Chapter 43, Section 3.12, R-15 District, Group M, Column 10 (Total Side Yard: 50' required, 42.75' proposed) for a garage extension at an existing single-family residence. The premises are located at 59 Adams Court, Pearl River, New York and are identified on the Orangetown Tax Map as Section 68.14, Block 2, Lot 81; R-15 zone.
Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, July 16, 2008 at which time the Board made the determination hereinafter set forth.
Shane Mc Aleer appeared and testified.
The following documents were presented:
On advice of Mr. Michaels, Attorney to the Zoning Board of Appeals, Mr. Mowerson moved for a Board determination that the foregoing application is a Type II action exempt from the State Environmental Quality Review Act (SEQRA) pursuant to SEQRA Regulations 617.5 (c) (9),(10),(12), and/or (13) which does not require SEQRA environmental review. The motion was seconded by Ms. Castelli and carried as follows: Mr. Mowerson, aye; Ms. Castelli, aye; Mr. Sullivan, aye; and Mr. Doherty, aye. Ms. Albanese was absent.
Mr. Mowerson made a motion to open the Public Hearing which motion was seconded by Ms. Castelli and carried unanimously.
Shane Mc Aleer testified that he would like to add a two car garage to his house; that the house does not have a basement and there s no place for storage; that he has two sheds; that the 10 x 10 shed is permanent; that the 14' x 12' shed is a temporary structure that his using for storage; that he would remove that structure if he could build the garage; that the garage would help him de-clutter the property; and that it would give him space for patio and garden items to be stored.
Public Comment:
No public comment.
The Board members made personal inspections of the premises the week before the meeting and found them to be properly posted and as generally described on the application.
A satisfactory statement in accordance with the provisions of Section 809 of the General Municipal Law of New York was received.
Mr. Mowerson made a motion to close the Public Hearing which motion was seconded by Ms. Castelli and carried unanimously.
FINDINGS OF FACT AND CONCLUSIONS: After personal observation of the property, hearing all the testimony and reviewing the documents presented, the Board found and concluded that the benefits to the applicant if the variance(s) are granted outweigh the detriment (if any) to the health, safety and welfare of the neighborhood or community by such grant, for the following reasons:
DECISION: In view of the foregoing and the testimony and documents presented, the Board: RESOLVED, that the application for the requested total side yard variance is APPROVED with the FOLLOWING SPECIFIC CONDITION; (1) The 14' x 12' temporary shed shall be removed before the issuance of a certificate of occupancy is issued for the proposed garage; and FURTHER RESOLVED, that such decision and the vote thereon shall become effective and be deemed rendered on the date of adoption by the Board of the minutes of which they are a part.
General Conditions:
(i) The approval of any variance or Special Permit is granted by the Board in accordance with and subject to those facts shown on the plans submitted and, if applicable, as amended at or prior to this hearing, as hereinabove recited or set forth.
(ii) Any approval of a variance or Special Permit by the Board is limited to the specific variance or Special Permit requested but only to the extent such approval is granted herein and subject to those conditions, if any, upon which such approval was conditioned which are hereinbefore set forth.
(iii) The Board gives no approval of any building plans, including, without limitation, the accuracy and structural integrity thereof, of the applicant, but same have been submitted to the Board solely for informational and verification purposes relative to any variances being requested.
(iv) A building permit as well as any other necessary permits must be obtained within a reasonable period of time following the filing of this decision and prior to undertaking any construction contemplated in this decision. To the extent any variance or Special Permit granted herein is subject to any conditions, the building department shall not be obligated to issue any necessary permits where any such condition imposed should, in the sole judgment of the building department, be first complied with as contemplated hereunder. Occupancy will not be made until, and unless, a Certificate of Occupancy is issued by the Office of Building, Zoning and Planning Administration and Enforcement which legally permits such occupancy.
(v) Any foregoing variance or Special Permit will lapse if any contemplated construction of the project or any use for which the variance or Special Permit is granted is not substantially implemented within one year of the date of filing of this decision or that of any other board of the Town of Orangetown granting any required final approval to such project, whichever is later, but in any event within two years of the filing of this decision. Merely obtaining a Building Permit with respect to construction or a Certificate of Occupancy with respect to use does not constitute “substantial implementation” for the purposes hereof.
The foregoing resolution to approve the application for the requested total side yard variance with condition was presented and moved by Mr. Sullivan , seconded by Ms. Castelli, and carried as follows: Mr. Mowerson, aye; Ms. Castelli, aye; Mr. Doherty, aye; and Mr. Sullivan, aye. Ms. Albanese was absent.
The Administrative Aide to the Board is hereby authorized, directed and empowered to sign this decision and file a certified copy thereof in the office of the Town Clerk.
DATED: July 16, 2008
ZONING BOARD OF APPEALS TOWN OF ORANGETOWN
Deborah Arbolino Administrative Aide
DECISION
FLOOR AREA RATIO AND BUILDING HEIGHT VARIANCES APPROVED ZBA # 08- 69; Date: 7 / 16 / 08
To: Thomas and Linda Shields; 150 Grove Street; Pearl River, New York 10965 FROM: ZONING BOARD OF APPEALS: Town of Orangetown
ZBA#08- 69: Application of Thomas and Linda Shields for variances from Chapter 43, Section 3.12, RG District, Group Q, Columns 4 (Floor Area Ratio: .30 permitted, .35 proposed), and 12 (Building Height: 20' permitted, 25' proposed) (Section 5.21 Undersized lot applies) for an addition to an existing single-family residence. The premises are located at 150 Grove Street, Pearl River, New York, and are identified on the Orangetown Tax Map as Section 68.20, Block 3, Lot 21; RG zone.
Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, July 16, 2008 at which time the Board made the determination hereinafter set forth.
Tom and Linda Shields and Vincent Acocella, architect, appeared and testified.
The following documents were presented:
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