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Zoning Board of Appeals February 21, 2018

Related Meetings: Zoning Board February 21, 2018

Zoning-Board-Minutes-February-21-2018.pdf

MINUTES

ZONING BOARD OF APPEALS

February  21,  2018

 

 

 

MEMBERS PRESENT:         MICHAEL BOSCO

THOMAS QUINN

PATRICIA CASTELLI

LEONARD FEROLDI, ALTERNATE

 

ABSENT:                               DAN SULLIVAN

JOAN SALOMON

 

 

ALSO PRESENT:                  Dennis Michaels, Esq.            Deputy Town Attorney

Ann Marie Ambrose,              Official Stenographer

Deborah Arbolino,                  Administrative Assistant

 

This meeting was called to order at 7: 00 P.M. by Ms. Castelli, Acting Chair.

Hearings on this meeting’s agenda, which are made a part of this meeting, were held as noted below:

 

PUBLISHED ITEMS

 

APPLICANTS                                   DECISIONS

 

 

NEW ITEMS:

 

 

BERGSON SUBDIVISION                         STREET FRONTAGE                                   ZBA#18-11

56 Woods Road                                  VARIANCE FOR LOTS #1, 2 & 3

Palisades, NY                                     AND 280-a  EXCEPTIONS FOR LOTS #1,2,& 3

78.18 / 1 / 3.1 & 3.2; R-80 zone                      APPROVED

 

GARCIA                                           CONTINUED                                                ZBA#18-12

128 Sunset  Road

Blauvelt, NY

70.09 / 1 / 2; R-40 zone

 

 

KARGER                                           BUILDING HEIGHT                        ZBA#18-13

139 Derfuss Lane                                VARIANCE APPROVED

Blauvelt, NY

69.20 / 2 / 56; R-15 zone

 

NORTON                                           FRONT YARD AND                                    ZBA#18-14

75 Washington Spring Road               BUILDING HEIGHT VARIANCES

Palisades, NY                                                 APPROVED

78.18 / 1 / 15; R-22 zone

 

 

Page 2 Minutes

 

 

 

 

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: February 21, 2018

ZONING BOARD OF APPEALS

TOWN OF ORANGETOWN

 

 

By____________________________

 

Deborah Arbolino, Administrative Aide

DISTRIBUTION:

APPLICANT

TOWN ATTORNEY

DEPUTY TOWN ATTORNEY

TOWN BOARD MEMBERS

BUILDING INSPECTOR (Individual Decisions)

Rockland County Planning

 

DECISION

 

  STREET FRONTAGE VARIANCE FOR LOTS #1, #2, AND #3 APPROVED EXCEPTION/VARIANCE PURSUANT TO N. Y. STATE TOWN LAW SECTION 280-a (3) GRANTED FOR LOTS #1, #2, AND #3

 

To: Jay Greenwell (Bergson Subdivision)                              ZBA #18-11

85 Lafayette Avenue                                                       Date: February 21, 2018

Suffern, New York 10901                                               Permit # Not Assigned

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

ZBA#18-11: Application of Bergson Subdivision  for a variance from Zoning Code (Chapter 43)  of the Town of Orangetown Code, Section 3.12, R-80 District, Group A,  Column 7 ( Street Frontage:100’ required, 50’ existing & proposed for Lot #1, 0’ existing & proposed for lots #2 & #3) and an exception/variance pursuant to New York State Town Law, Section 280-a(3) (Relation of structure to streets or highways for proposed lots #1, #2 & #3)  for the proposed four lot residential subdivision. Proposed lot #4 shall be dedicated to NY NJ Trail Conference or to Tallman Mountain State Park. The property is located at 56 Woods Road, Palisades, New York and is identified on the Orangetown Tax Map as Section 78.18, Block 1, Lots 3.1 & 3.2; in the R-80 zoning district.

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on  Wednesday, February 21, 2018 at which time the Board made the determination hereinafter set forth.

 

Simon Bergson and Jay Greenwell, Land Surveyor, appeared and testified.

 

The following documents were presented:

 

  1. Plans labeled “Subdivision of Property for Bergson” dated 01/13/2015 with the last revision date of 01/03/2017 signed and sealed by Jay A. Greenwell, PLS, LLC.
  2. Cover letter dated November 15, 2017 from Jay A. Greenwell, PLS, LLC.
  3. A letter dated November 14, 2017 from Edward Goodell, Executive Director NY NJ Trail Conference.
  4. Planning Board Decision #16-05 dated June 14, 2017 Preliminary Subdivision Plan Approval Subject to conditions /Neg. Dec. (16 pages).
  5. A letter dated February 21, 2018 from the County of Rockland Department of Planning signed by Douglas J. Schuetz, Acting Commissioner of Planning.
  6. A letter dated February 14, 2018 from the County of Rockland Sewer District #1 signed by Joseph LaFiandra, Engineer II.
  7. A letter dated February 7, 2018 from the Rockland County Health Center for Environmental Health signed by Elizabeth Mello, P.E., Senior Public Health Engineer.

 

 

Ms. Castelli, Acting Chair, made a motion to open the Public Hearing which motion was seconded by Mr. Quinn and carried unanimously.

 

On advice of  Dennis Michaels, Deputy Town Attorney,  counsel to the Zoning Board of Appeals, Ms. Castelli  moved for a Board determination that since the Planning Board noticed its intent to declare itself Lead Agency and distributed that notice of intention to all Involved Bergson Subdivision

ZBA#18-11                                         Permit # Not Assigned

Page 2 of  5

 

Agencies, including the ZBA who consented or did not object to the Planning Board acting as Lead Agency for this application, pursuant to coordinated review under the State Environmental Quality Review Act Regulations § 617.6 (b)(3); and since the Planning conducted a SEQRA review and, on December 20, 2017, rendered an environmental determination of no significant adverse environmental impacts to result from the proposed land use action (i.e., a “Negative Declaration” or “Neg Dec”), the ZBA is bound by the Planning Board’s Neg Dec and the ZBA cannot require further SEQRA review pursuant to SEQRA Regulations § 617.6 (b)(3).

 

The motion was seconded by Mr. Quinn and carried as follows:  Mr. Bosco, aye; Mr. Feroldi, aye; Ms. Castelli, aye; and Mr. Quinn, aye. Mr. Sullivan and Ms. Salomon were absent.

 

 

Jay Greenwell, Land Surveyor, testified that these lots are at the end of Woods Road; that they have been before the Planning Board and received a Preliminary Approval and a neg. dec. for SEQRA on December 20, 2017; that Mr. Bergson was originally requesting 4 lots but the NYNJ Trail Conference approached him and asked for a donation of property for the relocation of a portion of the Long Trail and that is why lot #4 is being dedicated to either Tallman State Park or the trail conference; that there are a couple of small cottages located on the lots and they will remain for now; that there are no plans to develop the lots presently and that is why the Planning Board is granting approval of the lots but they must all come back to Planning for drainage and other approvals at the time of development; and that presently Mr. Bergson is proposing to add sewers to the lots with individual sewer ejection pumps for each lot going to the sewer connection in Route 9W.

 

Mr. Bergson testified that the existing cottages are presently being rented and one of them used to be a recording studio.

 

 

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.

 

Ms. Castelli made a motion to close the Public Hearing which motion was seconded by Mr. Feroldi and carried unanimously.

 

 

 

 

 

 

 

 

 

Bergson Subdivision

ZBA#18-11                                         Permit #Not Assigned

Page 3 of  5

 

 

FINDINGS OF FACT AND CONCLUSIONS:

After personal observation of the property, hearing all the testimony and reviewing all the documents submitted, 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:

 

 

  1. The requested street frontage variance for lots #1, #2 & #3, and for an exception/variance from NYS Town Law § 280-a(3) for lots #1, #2 & #3 will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. An additional lot is being created by the applicant to donate to the NY NJ Trail Conference or Tallman Mountain State Park to relocate part of the Long Path. Presently, the only construction being approved is the new sewer connections for lots #1, 2 & 3. Lots #1, 2 & 3 must return to the Planning Board for full review prior to any proposed development for new structures.

 

 

  1. The requested  street frontage variance for lots #1, #2 & #3, and for an exception/variance from NYS Town Law § 280-a (3) for lots #1, #2 & #3 will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. An additional lot is being created by the applicant to donate to the NY NJ Trail Conference or Tallman Mountain State Park to relocate part of the Long Path. Presently the only construction being approved is the new sewer connections for lots #1, 2 & 3. Lots #1, 2 & 3 must return to the Planning Board for full review prior to any proposed development for new structures.

 

  1. The benefits sought by the applicant cannot be achieved by other means feasible for the applicant to pursue other than by obtaining variances.

 

  1. The requested street frontage variance for lots #1, #2 & #3, and for an exception/variance from NYS Town Law § 280-a (3) for lots #1, #2 & #3, although somewhat substantial, afford benefits to the applicant that are not outweighed by the detriment, if any, to the health, safety and welfare of the surrounding neighborhood or nearby community. An additional lot is being created by the applicant to donate to the NY NJ Trail Conference or Tallman Mountain State Park to relocate part of the Long Path. Presently the only construction being approved is the new sewer connections for lots #1, 2 & 3. Lots #1, 2 & 3 must return to the Planning Board for full review prior to any proposed development for new structures.

 

  1. The applicant purchased the property subject to Orangetown’s Zoning Code (Chapter 43) and is proposing a new addition and/or improvements, so the alleged difficulty was self-created, which consideration was relevant to the decision of the Board of Appeals, but did not, by itself, preclude the granting of the area variances.

 

DECISION: In view of the foregoing and the testimony and documents presented, the Board RESOLVED that the application for the requested street frontage variance for lot #1, #2 & #3, and for an exception/ variance from NYS Town Law § 280-a (3) for lots #1, #2 & #3, 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.

 

Bergson Subdivision

ZBA#18-11                                         Permit # Not Assigned

Page 4 of  5

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

Bergson Subdivision

ZBA#18-11                                         Permit # Not Assigned

Page 5 of 5

 

 

The foregoing resolution to approve the application for the requested street frontage variance for lot #1, #2 & #3, and for an exception/variance from NYS Town Law § 280-a (3) for lots #1, #2 & #3, is APPROVED; was presented and moved by Mr. Bosco, seconded by Mr. Quinn  and carried as follows: Ms. Castelli, aye; Mr. Bosco, aye; Mr. Quinn, aye; and Mr. Feroldi, aye. Mr. Sullivan and Ms. Salomon were 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:  February 21, 2018

 

ZONING BOARD OF APPEALS

TOWN OF ORANGETOWN

 

 

 

By__________________

Deborah Arbolino

Administrative Aide

DISTRIBUTION:

 

APPLICANT                                                             TOWN  CLERK

ZBA  MEMBERS                                                      HIGHWAY DEPARTMENT

SUPERVISOR                                                                          ASSESSOR

TOWN BOARD MEMBERS                                    DEPT. of ENVIRONMENTAL

TOWN ATTORNEY                                                                MGMT. and ENGINEERING

DEPUTY TOWN ATTORNEY                                                FILE,ZBA, PB

OBZPAE                                                                  CHAIRMAN,  ZBA, PB, ACABOR

BUILDING INSPECTOR-N.A.

 

 

 

DECISION

 

  UNDERSIZED LOT BUILDING HEIGHT VARIANCE APPROVED

 

To:       Jon Karger                                                                              ZBA #18-13

25 Colonel Conklin Drive                                                            Date: February 21, 2018

Stony Point, New York 10980                                                    Permit # 47103

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

 

ZBA#18-13: Application of  Jon Karger for a variance from Zoning Code (Chapter 43)  of the Town of Orangetown Code, R-15 District, Section 5.21e (Undersized lot applies, Building Height: 20’ permitted, 25’ 4” proposed) for an addition to an existing single-family residence. The premises are located at 139 Derfuss Lane, Blauvelt, New York and are identified on the Orangetown Tax Map as Section 69.20, Block 2, Lot 56; in the R-15 zoning district.

 

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on  Wednesday, February 21, 2018 at which time the Board made the determination hereinafter set forth.

 

Jon Karger  appeared and testified.

 

The following documents were presented:

 

  1. Plot plan based on a survey dated 10/05/1952  by Edward Barbour, PLS.
  2. Architectural plans dated 10/26/2017 with the latest revision date cut off, signed and  sealed by Harry J. Goldstein, Architect.
  3. A letter dated December 19, 2017 from the Rockland County Highway Department signed by Dyan Rajasingham, Engineer III.
  4. A letter dated February 20, 2018 from the Rockland County Department of Planning signed by Douglas J. Schuetz, Acting Commissioner of Planning.
  5. A letter dated February 7, 2018 from the Rockland County Health Department signed by Elizabeth Mello, P.E..
  6. A letter dated February 14, 2018 from the Rockland County Sewer District #1 signed by Joseph LaFiandra, Engineer II.

 

 

Ms. Castelli, Acting Chair, made a motion to open the Public Hearing which motion was seconded by Mr. Feroldi and carried unanimously.

 

On advice of Dennis Michaels, Deputy Town Attorney,  counsel to the Zoning Board of Appeals, Ms. Castelli 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 Mr. Quinn and carried as follows:  Mr. Bosco, aye; Mr. Quinn, aye; Mr. Feroldi, aye; and Ms. Castelli, aye. Ms. Salomon and Mr. Sullivan were absent.

 

 

 

 

Karger

ZBA#18-13                                         Permit #47103

Page 2 of 4

 

Jon Karger testified that he hired Mr. Goldstein as an architect and they submitted plans that they thought wee complying with zoning and when hey wee reviewed they were told they needed a height variance because they were at 21’; that they lowered the height again to 20’ but when this was reviewed it was stated that the house still needed a variance because of the height from the rear elevation; that the design is conforming to the neighborhood; that the house to the right has had major renovations and is about 3,000 sq. ft.; that there are two other houses on the same side of the street that are similar and around the loop there are two more that have done extensive work.

 

 

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.

 

Ms. Castelli made a motion to close the Public Hearing which motion was seconded by Mr. Quinn and carried unanimously.

 

FINDINGS OF FACT AND CONCLUSIONS:

After personal observation of the property, hearing all the testimony and reviewing all the documents submitted, 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:

 

 

  1. The requested building height variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed building will not be higher than other buildings in the area. Similar additions have been constructed in the neighborhood.

 

 

  1. The requested building height variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The proposed building will not be higher than other buildings in the area. Similar additions have been constructed in the neighborhood.

 

  1. The benefits sought by the applicant cannot be achieved by other means feasible for the applicant to pursue other than by obtaining variances.

 

  1. The requested building height variance is not substantial. The proposed building will not be higher than other buildings in the area. Similar additions have been constructed in the neighborhood.

Karger

ZBA#18-13                                         Permit #47103

Page 3 of 4

 

 

  1. The applicant purchased the property subject to Orangetown’s Zoning Code (Chapter 43) and is proposing a new addition and/or improvements, so the alleged difficulty was self-created, which consideration was relevant to the decision of the Board of Appeals, but did not, by itself, preclude the granting of the area variances.

 

 

DECISION: In view of the foregoing and the testimony and documents presented, the Board RESOLVED that the application for the requested building height 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.

 

Karger

ZBA#18-13                                         Permit #47103

Page 4 of 4

 

 

The foregoing resolution to approve the application for the requested building height variance is APPROVED; was presented and moved by Ms. Castelli, seconded by Mr. Bosco  and carried as follows: Mr. Feroldi, aye; Mr. Bosco, aye; Mr. Quinn, aye; and Ms. Castelli, aye. Mr. Sullivan and  Ms. Salomon were 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:  February 21, 2018

 

ZONING BOARD OF APPEALS

TOWN OF ORANGETOWN

 

 

 

By__________________

Deborah Arbolino

Administrative Aide

DISTRIBUTION:

 

APPLICANT                                                             TOWN  CLERK

ZBA  MEMBERS                                                      HIGHWAY DEPARTMENT

SUPERVISOR                                                                          ASSESSOR

TOWN BOARD MEMBERS                                    DEPT. of ENVIRONMENTAL

TOWN ATTORNEY                                                                MGMT. and ENGINEERING

DEPUTY TOWN ATTORNEY                                                FILE,ZBA, PB

OBZPAE                                                                  CHAIRMAN,  ZBA, PB, ACABOR

BUILDING INSPECTOR-M.M.

 

DECISION

 

FRONT YARD  SETBACK AND BUILDING HEIGHT VARIANCES APPROVED

 

To:  William Bosley (Norton)                                                ZBA #18-14

12 Sugarhill Road                                                            Date: February 21, 2018

Nyack, New York 10960                                                 Permit # 47188

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

ZBA#18-14: Application of Graham Norton for a variance from Zoning Code (Chapter 43)  of the Town of Orangetown Code, R-22 District, Group I,  Section 3.12, Column 8 (Front Yard: 40’ required, 11’ existing, 19.6’ to screened-in porch) and Column 12 (Building Height: 8.25’ permitted, 15’2” existing, 15’9” proposed) for an addition of dormers and to legalize an existing screened in porch at an existing single-family residence. The premises are located at 75 Washington Spring Road, Palisades, New York and are identified on the Orangetown Tax Map as Section 78.18, Block 1, Lot 15; in the R-22 zoning district.

 

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on  Wednesday, February 21, 2018 at which time the Board made the determination hereinafter set forth.

 

William Bosley appeared and testified.

 

The following documents were presented:

 

 

  1. Architectural plans dated December 20, 2017 and last revision date of January 29, 2018 signed and sealed by Barry Terach, Architect. ( 3pages)
  2. A letter in support of the application from Richard C. Sears, 24 Lawence Lane, Palisades.

 

Ms. Castelli, Acting Chair, made a motion to open the Public Hearing which motion was seconded by Mr. Feroldi and carried unanimously.

 

 

On advice of Dennis Michaels, Deputy Town Attorney,  counsel to the Zoning Board of Appeals, Ms. Castelli 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 Mr. Quinn and carried as follows:  Mr. Bosco, aye; Mr. Quinn, aye; Mr. Feroldi, aye; and Ms. Castelli, aye. Ms. Salomon and Mr. Sullivan were absent.

 

 

William Bosley testified that the proposed changes to the house are minimal; that they are proposing to add dormers to the right side of the house and raise the roof by 7”, which will allow the extremely small bathroom to be enlarges; that they are also adding air conditioning to the east side of the hose and updating and legalizing the existing screened in porch; that the new owner purchased the hose six months ago and this house is known as the Judy Tompkins House.

 

 

 

Norton

ZBA#18-14                                         Permit #47188

Page 2 of 4

 

 

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.

 

Ms. Castelli made a motion to close the Public Hearing which motion was seconded by Mr. Feroldi and carried unanimously.

 

FINDINGS OF FACT AND CONCLUSIONS:

After personal observation of the property, hearing all the testimony and reviewing all the documents submitted, 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:

 

 

  1. The requested front yard setback and building height variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The front yard variance is not changing because the screened-in porch exists, it is being renovated and the building height is changing slightly to accommodate new dormers.
  2. The requested front yard setback and building height variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The front yard variance is not changing because the screened-in porch exists, it is being renovated and the building height is changing slightly to accommodate new dormers.

 

  1. The benefits sought by the applicant cannot be achieved by other means feasible for the applicant to pursue other than by obtaining variances.

 

  1. The requested front yard setback and building height variances, although somewhat substantial, afford benefits to the applicant that are not outweighed by the detriment, if any, to the health, safety and welfare of the surrounding neighborhood or nearby community. The front yard variance is not changing because the screened-in porch exists, it is being renovated and the building height is changing slightly to accommodate new dormers.

 

  1. The applicant purchased the property subject to Orangetown’s Zoning Code (Chapter 43) and is proposing a new addition and/or improvements, so the alleged difficulty was self-created, which consideration was relevant to the decision of the Board of Appeals, but did not, by itself, preclude the granting of the area variances.

 

 

Norton

ZBA#18-14                                         Permit #47188

Page 3 of 4

 

 

 

DECISION: In view of the foregoing and the testimony and documents presented, the Board RESOLVED that the application for the requested front yard setback and building height variances are 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.

 

 

 

 

Norton

ZBA#18-14                                         Permit #47188

Page 4 of 4

 

 

The foregoing resolution to approve the application for the requested front yard setback and building height variances are APPROVED; was presented and moved by Mr. Feroldi, seconded by Ms. Castelli  and carried as follows: Mr. Bosco, aye; Mr. Quinn, aye; Mr. Feroldi, aye; and Ms. Castelli, aye. Mr. Sullivan and Ms. Salomon were 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:  February 21, 2018

 

ZONING BOARD OF APPEALS

TOWN OF ORANGETOWN

 

 

 

By__________________

Deborah Arbolino

Administrative Aide

DISTRIBUTION:

 

APPLICANT                                                             TOWN  CLERK

ZBA  MEMBERS                                                      HIGHWAY DEPARTMENT

SUPERVISOR                                                                          ASSESSOR

TOWN BOARD MEMBERS                                    DEPT. of ENVIRONMENTAL

TOWN ATTORNEY                                                                MGMT. and ENGINEERING

DEPUTY TOWN ATTORNEY                                                FILE,ZBA, PB

OBZPAE                                                                  CHAIRMAN,  ZBA, PB, ACABOR

BUILDING INSPECTOR- D. M.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Filed Under: Uncategorized Related Meetings: Zoning Board February 21, 2018

Upcoming Meetings

June 18, 2025 Zoning Board

June 24, 2025 – Regular Town Board Meeting

June 25, 2025 Project Review Committee

June 25, 2025 Planning Board **CANCELLED**

June 26, 2025 Architectural Review Board

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