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MINUTES ZONING BOARD OF APPEALS March 19, 2008 Meeting MEMBERS PRESENT: PATRICIA CASTELLI , WILLIAM MOWERSON, NANETTE ALBANESE AND JOHN DOHERTY ABSENT: DANIEL SULLIVAN ALSO PRESENT: Robert Magrino, Esq. Deputy Town Attorney, Anne Marie Ambrose, 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 - APPLICANTS DECISIONS
CONTINUED ITEMS: SMK RELD- ZBA#08-12-POSTPONED; 69.10 / 2/ 71; R-15 zone
MACHKIN-ZBA#08-18-SIDE YARD AND TOTAL SIDE YARD VARIANCES APPROVED; 74.13 / 3/ 91; RG zone
NEW ITEMS: LA VALLE- ZBA#08-20-ACCESSORY STRUCTURE DISTANCE VARIANCE APPROVED; 77.05 / 3 / 53; R-15 zone
WYSOCKI- ZBA#08-21-SIDE YARD, BUILDING HEIGHT VARIANCES APPROVED; 77.10 / 3 / 89; R-15 zone
SMITH-ZBA#08-22-SIDE YARD AND REAR YARD VARIANCES APPROVED AS MODIFIED; 77.11 / 2 / 43; R-15 zone
LIEROW- ZBA#08-23-CONTINUED; 69.18 / 1 / 73; R-15 zone
VALENTINE COOK BUILDING- ZBA#08-24-POSTPONED; 74.07 / 1 / 13; LIO zone OTHER BUSINESS: In response to requests from the Orangetown Planning Board, the Zoning Board of Appeals: RESOLVED, to approve the action of the Acting Chairperson executing on behalf of the Board its consent to the Planning Board acting as Lead Agency for the State Environmental Quality Review Act (SEQRA) coordinated environmental review of actions pursuant to SEQRA Regulations 617.6 (b)(3) the following applications: Doller Subdivision Lot #3; 154 Kings Highway, Orangeburg, New York , 74.16/3/3.3; R-40 zone; and FURTHER RESOLVED, to request to be notified by the Planning Board of SEQRA proceedings, hearings, and determinations with respect to these matters.
The foregoing resolution was presented and moved by Mr. Mowerson seconded by Mr. Doherty, and carried as follows: Ms. Albanese, aye; Mr. Mowerson, aye; Ms. Castelli, aye; and Mr. Doherty, aye. Mr. Sullivan was absent.
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 9:00 P.M. Dated: March 19, 2008 ZONING BOARD OF APPEALS TOWN OF ORANGETOWN
Deborah Arbolino DISTRIBUTION: Administrative Aide
DECISION
SIDE YARD AND TOTAL SIDE YARD VARIANCES APPROVED
To: Ivan and Olga Machkin ZBA # 08-18 36 Henry Street Date: 3/ 19/ 08 Orangeburg, New York 10962
FROM: ZONING BOARD OF APPEALS: Town of Orangetown ZBA#08-18 : Application of Ivan and Olga Machkin for variances from Chapter 43, Section 3.12, RG District, Group Q, Columns 9 (Side Yard: 10' required, 8” proposed and existing) and 10 (Total Side Yard: 30' required, 24.3' proposed and existing) for an existing balcony at an existing single-family residence. The premises is located at 36 Henry Street, Blauvelt, New York, and are identified on the Orangetown Tax Map as Section 74.13, Block 3, Lot 91; RG zone.
Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, March 19, 2008 at which time the Board made the determination hereinafter set forth.
Ivan and Olga Machkin appeared and testified.
The following documents were presented:
On advice of Mr. Magrino, Attorney to the Zoning Board of Appeals, Mr. Mowerson moved for a Board determination that the foregoing application is a Type II action under the State Environmental Quality Review Act (SEQRA) Regulations which does not require SEQRA environmental review. The motion was seconded by Ms. Castelli and carried as follows: Mr. Doherty, aye; Mr. Mowerson, aye; Ms. Castelli, aye; and Ms. Albanese, aye. Mr. Sullivan was absent.
Olga Machkin testified that the deck was built one year ago by her husband, Ivan; that the building permit is pending; that there are no windows in their master bedroom on that side of the house; that her husband added the door and deck; that he is a handy man and built the deck himself; that there is town owned property adjacent to the house on the side of the deck; that the deck is 8'x 12'; and that the closest house on that side of the property is between 200 and 250 feet away.
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.
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 out weigh 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 side yard and total side yard variances is APPROVED; 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 side yard and total side yard variances was presented and moved by Ms. Albanese, seconded by Ms. Albanese, and carried as follows: Mr. Mowerson, aye; Ms. Castelli, aye; Mr. Doherty, aye; and Ms. Albanese, aye. Mr. Sullivan 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: March 19, 2008
ZONING BOARD OF APPEALS TOWN OF ORANGETOWN
Deborah Arbolino Administrative Aide DISTRIBUTION:
DECISION
ACCESSORY STRUCTURE DISTANCE VARIANCE APPROVED
To: Stanley LaValle ZBA # 08-20 149 Liberty Road Date: 3/ 19/ 08 Tappan, New York 10983
FROM: ZONING BOARD OF APPEALS: Town of Orangetown
ZBA#08-20: Application of Stanley LaValle for variances from Chapter 43, Section 5.153, R-15 District, (Accessory Structure Distance: 15' required, 3' existing) for an existing cabana/shed at a single-family residence. The premises is located at 149 Liberty Road, Tappan, New York, and are identified on the Orangetown Tax Map as Section 77.05, Block 3, Lot 53; R-15 zone.
Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, March 19, 2008 at which time the Board made the determination hereinafter set forth.
Stanley LaValle appeared and testified.
The following documents were presented:
On advice of Mr. Magrino, Attorney to the Zoning Board of Appeals, Mr. Mowerson moved for a Board determination that the foregoing application is a Type II action under the State Environmental Quality Review Act (SEQRA) Regulations which does not require SEQRA environmental review. The motion was seconded by Ms. Castelli and carried as follows: Mr. Doherty, aye; Mr. Mowerson, aye; Ms. Castelli, aye; and Ms. Albanese, aye. Mr. Sullivan was absent.
Stanley LaValle testified that he built the cabana in 1974; that he came to the Building Department and was told that he did not need a permit; that he was told that if the shed was under 100 sq. ft. he did not need a permit and the cabana is only 8' x 10'; that he found out recently that he constructed it too close to the house and needs a variance for the distance; that he has had an electric inspection from the underwriters and Mr. John Deans certified the plans; that he wants to legalize the cabana because he wants to sell the house because it is too much to take care of now.
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.
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 out weigh 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 accessory structure variance is APPROVED; 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 accessory structure distance variance was presented and moved by Ms. Albanese , seconded by Ms. Castelli, and carried as follows: Mr. Mowerson, aye; Ms. Castelli, aye; Mr. Doherty, aye; and Ms. Albanese, aye. Mr. Sullivan 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: March 19, 2008
ZONING BOARD OF APPEALS TOWN OF ORANGETOWN
Deborah Arbolino Administrative Aide DISTRIBUTION:
DECISION
SIDE YARD AND BUILDING HEIGHT VARIANCES APPROVED
To: Mark Wysocki ZBA # 08-21 185 Old Tappan Road Date: 3/ 19/ 08 Tappan, New York 10983
FROM: ZONING BOARD OF APPEALS: Town of Orangetown
ZBA#08- 21: Application of Mark Wysocki for variances from Chapter 43, Section 3.12, R-15 District, Group M, Columns 9 (Side Yard: 20' required, 3.5' existing and proposed), 12 ( Building Height: 3.5' permitted, 30.488' proposed ) for the addition at an existing single-family residence. The premises are located at 185 Old Tappan Road, Tappan, New York, and are identified on the Orangetown Tax Map as Section 77.10, Block 3, Lot 89; R-15 zone.
Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, March 19, 2008 at which time the Board made the determination hereinafter set forth.
Mark Wysocki appeared and testified.
The following documents were presented:
1. Architectural plans labeled “Proposed Addition for residence at 185 Old Tappan Road” dated August 1, 2007, signed and sealed by Leon Baron, Architect (13 pages).
No. 1 signed by Joseph LaFiandra, Engineer II.
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 under the State Environmental Quality Review Act (SEQRA) Regulations which does not require SEQRA environmental review. The motion was seconded by Ms. Castelli and carried as follows: Mr. Doherty, aye; Mr. Mowerson, aye; Ms. Castelli, aye; and Ms. Albanese, aye. Mr. Sullivan was absent.
Mark Wysocki testified that his property is divided between New York and New Jersey; that the New Jersey property s landlocked; that the house is situated close to the Jersey line and this is what causes the need for the variances; that he has owned the house for two years; that there are four people in the family; that he shares a driveway; that he is proposing to add a second floor and expand into the rear by six feet; that the house does not have a basement; that there is a little less than three acres of property; that the original house was built in 1955; and if it were all on one lot he would not need a variance.
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.
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 out weigh 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 side yard and building height variances is APPROVED; 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 side yard and building height variance was presented and moved by Mr. Doherty, seconded by Ms. Castelli, and carried as follows: Mr. Mowerson, aye; Ms. Castelli, aye; Mr. Doherty, aye; and Ms. Albanese, aye. Mr. Sullivan 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: March 19, 2008
ZONING BOARD OF APPEALS TOWN OF ORANGETOWN
Deborah Arbolino Administrative Aide DISTRIBUTION:
DECISION
SIDE YARD AND REAR YARD VARIANCES APPROVED AS MODIFIED
To: John and Katrina Smith ZBA # 08-22 9 Carol Lane Date: 3/ 19/ 08 Tappan, New York 10983
FROM: ZONING BOARD OF APPEALS: Town of Orangetown
ZBA#08- 22: Application of John And Katrina Smith for variances from Chapter 43, Section 3.12, R-15 District, Group M, Column 9 (Side Yard: 20' required, 3' proposed) and from Section 5.227 ( Rear Yard: 20' required, 6' proposed) for the installation of an above-ground pool at an existing single-family residence. The premises are located at 9 Carol Lane, Tappan, New York, and are identified on the Orangetown Tax Map as Section 77.11, Block 2, Lot 43; R-15 zone.
Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, March 5, 2008 at which time the Board made the determination hereinafter set forth.
John Smith 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 under the State Environmental Quality Review Act (SEQRA) Regulations which does not require SEQRA environmental review. The motion was seconded by Ms. Castelli and carried as follows: Mr. Doherty, aye; Mr. Mowerson, aye; Ms. Castelli, aye; and Ms. Albanese, aye. Mr. Sullivan was absent.
John Smith testified that he re-measured after he submitted the plan to the building inspector and the side yard can be 6' and the rear yard can be 10'; that the proposed pool is 18' x 33' oval above-ground pool; that he has an extended family living in the area that will also be using the pool; that his sister-in-law and in-laws live in the neighborhood; that he needs the pool to train for triathlons; that the yard is oddly shaped and there isn't another place to put the pool; and that the house that the pool will be closest to also has a pool and there is a fence and row of arborvitae between the properties. 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.
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 out weigh the detriment (if any) to the health, safety and welfare of the neighborhood or community by such grant, for the following reasons:
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