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Zoning Board November 20, 2019

Related Meetings: November 20, 2019 Zoning Board

Zoning-Board-Minutes-November-20-2019.pdf

MINUTES

ZONING BOARD OF APPEALS

November 20, 2019

 

MEMBERS PRESENT:         MICHAEL BOSCO

THOMAS QUINN

JOAN SALOMON

PATRICIA CASTELLI, ACTING CHAIR

 

ABSENT:                               LEONARD FEROLDI, ALTERNATE

DAN SULLIVAN

 

ALSO PRESENT:                  Ann Marie Ambrose,              Official Stenographer

Deborah Arbolino,                  Administrative Aide

Denise Sullivan,                      Deputy Town Attorney

 

 

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

 

POSTPONED ITEMS:

 

BRAITHWAITE                                FRONT YARD AND                                    ZBA#19-92

1087 Route 9W South                                    BUILDING HEIGHT VARIANCES

Upper Grandview, NY                       APPROVED

71.09 / 1 / 6; R-22 zone

 

NEW ITEMS:

 

SCHOLL                                            REAR YARD VARIANCE                          ZBA#19-101

87 Autumn Drive                                APPROVED

Tappan, New York

77.07 / 2 / 18; R-15 zone

 

SAFE-N-SOUND CHILDCARE      SPECIAL PERMIT RE-NEWED                 ZBA#19-102

SPECIAL PERMIT RENEWAL       retro to December 1, 2006 and

249 North Middletown Road             EXPIRING DECEMBER 1, 2026

Pearl River, NY

68.12 / 3 / 27; CO zone

 

 

WEST LEWIS MINOR                     CONTINUED UNTIL                                   ZBA#19-103

SUBDIVISION PLAN                      JANUARY 8, 2020

39 West Lewis Avenue

Pearl River, NY

68.12  / 1 / 44; RG zone

 

 

 

Page 2

BROWN                                             CONTINUED                                                ZBA#19-104

6 Gage Court                                      DATE UNCERTAIN

Tappan, NY

77.05 / 1 / 24; R-22 zone

 

 

DONG                                                            REAR YARD VARIANCE                          ZBA#19-105

34 Van Terrace                                    APPROVED WITH THE SPECIFIC

Sparkill, New York                             CONDITION THAT A DRAINAGE PLAN

78.09 / 1 / 3; R-15 zone                       BE SUBMITTED AND FOUND SATISFACORY

TO THE TOWN ENGINEER/BUILDING INSPECTOR PRIOR TO C/O

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 SEQR Regulations § 617.6 (b)(3) the following application: Henry Kaufman Campgrounds Phase 1 Drainage Improvements’ Sickletown Road Areas Site Plan, 667 Blauvelt Road, Pearl River, NY, 69.10 / 2 / 21 & 69.14 / 1/ 28; R-80 zone; Henry Kaufman Campgrounds Amendment to Preliminary Site Plan Approval (Bronx House) PB#17-59, dated February 28, 2018, 667 Blauvelt Road, Pearl River, NY, 69.10/ 2/ 21 & 69.14 / 1 / 28; R-80 zone; Henry Kaufman Campgrounds Pedestrian Bridge Plan, 667 Blauvelt Road, Pearl River, NY  69.10/ 2 / 21 & 69.14 / 1 / 28; R-80 zone; Chefman Site Plan, 29 Corporate Drive, Orangeburg, NY 73.19 / 1 / 8; LIO 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 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:  November 20, 2019

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

 

    FRONT YARD AND BUILDING HEIGHT VARIANCES APPROVED

 

To: Mark Braithwaite                                                 ZBA #19-92

1087 Route 9W                                                   Date: November 20, 2019

Upper Grandview, New York 10960                  Permit #48514

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

ZBA # 19-92: Application of  Mark Braithwaite for  variances 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, 9.9’ existing) and 12 (Building Height: 7.425’ permitted, 18’ 6” existing) for a master bedroom suite in existing unfinished space at an existing single-family residence. The premises are located at 1087 Route 9W South, Upper Grandview, New York and is identified on the Orangetown Tax Map as Section 71.09, Block 1, Lot 6; in the R-22 zoning district.

 

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on  Wednesday, November 20, 2019 at which time the Board made the determination hereinafter set forth.

 

Mark Braithwaite, Architect and owner appeared and testified.

 

The following documents were presented:

  1. Architectural plans dated 01/23/2019 with the latest revision date of 08/28.2019 signed and sealed by Mark Braithwaite, Architect, labeled “ Alteration Braithwaite Residence” (5 pages).
  1. Survey labeled “Survey for Braithwaite” dated September 26, 2016 signed and sealed by William D. Youngblood, L.S.
  2. A letter dated September 19, 2019 from the Rockland County Sewer District No.1 signed by Joseph LaFiandra, Engineer II.
  3. A sign off sheet with no comments at this time from Rockland County Highway Department signed by Dyan Rajasingham, dated September 9, 2019.
  4. A letter dated October 1, 2019 from the Rockland County Department of Planning signed by Douglas J. Schuetz, Acting Commissioner of Planning.

 

 

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

 

On advice of Denise Sullivan, 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) (11), (12), (16) and/or (17); which does not require SEQRA environmental review. The motion was seconded by Mr. Quinn and carried as follows:  Mr. Bosco, aye; Ms. Salomon, aye; Mr. Quinn, aye; and Ms. Castelli, aye. Mr. Sullivan and Mr. Feroldi were absent.

 

Mark Braithwaite, Architect, testified that this is his house and he is not adding to the footprint of the building; that he is taking what was used as storage space in the unfinished garage loft and attic loft and making it into a master bedroom , master bathroom, laundry and walk in closet; that Braithwaite

ZBA#19-92                                         Permit #48514

Page 2 of 4

 

this is what prompted the application to be sent to the Zoning Board; that he would

like to continue the interior work that he has been doing and that the addition was constructed in 1996; that Mike Manzare, the building inspector noticed that there had been framing changes that did not match the approved plan that was done in 1996; that the dormer on those plans were three to four feet more than the plan showed; that this work was done prior to his purchase of the house and that he was assured that he could straighten it out with the Zoning Board.

 

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.
Bosco 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 and building height variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. These conditions have existed without incident since 1996; no change to the footprint of the building is being proposed.

 

 

  1. The requested front yard and building height variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. These conditions have existed without incident since 1996; no change to the footprint of the building is being proposed.

 

 

  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 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. These conditions have existed without incident since 1996; no change to the footprint of the building is being proposed.

Braithwaite

ZBA#19-92                                   Permit#48512

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 front yard 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.

 

 

 

Braithwaite

ZBA#19-92                                         Permit #48514

Page 4 of 4

 

 

The foregoing resolution to approve the application for the requested front yard and building height variances  are APPROVED; was presented and moved by Mr. Bosco, seconded by Ms. Castelli and carried as follows: Mr. Bosco, aye; Mr. Quinn, aye;  Ms. Salomon, aye; and Ms. Castelli, aye. Mr. Sullivan and Mr. Feroldi 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:  November 20, 2019

 

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

 

 REAR YARD   VARIANCE APPROVED

 

To: Charles and Ann Scholl                                        ZBA #19-101

87 Autumn Drive                                                Date: November 20, 2019

Tappan, New York 10983                                   Permit # 49021

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

 

ZBA#19-101: Application of  Charles and Ann Scholl for a variance from Zoning Code (Chapter 43) of the Town of Orangetown Code, R-15 District, Group M, Section 3.12, Column 11 ( Rear Yard: 35’ required, 26.25’ proposed)  for a deck at an existing single-family residence.   The premises are located at 87 Autumn Drive, Tappan, New York and is identified on the Orangetown Tax Map as Section 77.07, Block 2, Lot 18 in the R-15 zoning district.

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on  Wednesday, November 20, 2019 at which time the Board made the determination hereinafter set forth.

 

Ann Scholl appeared and testified.

 

The following documents were presented:

 

  1. Site plan based on survey by Barbour & Jost dated January 8, 1964, signed and sealed by Kier B. Leveque, R.A. dated August 4, 2019.
  2. ZBA Decision #96-44 dated June 19, 1996 for a rear yard variance.

 

 

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

 

On advice of Denise Sullivan, 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) (11), (12), (16) and/or (17); which does not require SEQRA environmental review. The motion was seconded by Mr. Quinn and carried as follows:  Mr. Bosco, aye; Ms. Salomon, aye; Mr. Quinn, aye; and Ms. Castelli, aye. Mr. Sullivan and Mr. Feroldi were absent.

 

Ann Scholl testified that she is before the Board for a variance for a detached free standing deck that is 1 ½’ off the ground in her back yard; and that they did get a variance for the rear yard in 1996 for the screened in porch.

 

 

 

Public Comment:

 

No public comment

 

 

Scholl

ZBA#19-101                                       Permit #49021

Page 2 of 4

 

 

 

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 Ms. Salomon 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 rear yard variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The free standing deck does not intrude further into the rear yard than the existing screened in porch which was granted a rear yard variance in ZBA#96-44 dated June 19, 1996.

 

 

  1. The requested rear yard variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The free standing deck does not intrude further into the rear yard than the existing screened in porch which was granted a rear yard variance in ZBA#96-44 dated June 19, 1996.

 

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

 

  1. The requested rear yard variance, 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 free standing deck does not intrude further into the rear yard than the existing screened in porch which was granted a rear yard variance in ZBA#96-44 dated June 19, 1996.

 

 

 

  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.

 

 

 

Scholl

ZBA#19-101                           Permit#49021

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 rear yard 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.

 

 

 

Scholl

ZBA#19-101                                       Permit #49021

Page 4 of 4

 

 

The foregoing resolution to approve the application for the requested rear yard variance is APPROVED; was presented and moved by Ms. Salomon, seconded by Mr. Quinn  and carried as follows: Mr. Bosco, aye; Mr. Quinn, aye; Ms. Salomon, aye; and Ms. Castelli, aye. Mr. Sullivan and Mr. Feroldi 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:  November 20, 2019

 

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

 

    SPECIAL PERMIT EXTENSION APPROVED UNTIL DECEMBER 1, 2026

 

To: Donald Brenner (Safe-n-Sound)                                                 ZBA #19-102

4 Independence Avenue                                                 Date: November 20, 2019

Tappan, New York 10983                                              Permit # 49343

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

 

ZBA# 19-102: Application of  Safe-n-Sound Childcare for renewal of a Special Permit that was granted in ZBA#95-05 and extended in ZBA#05-33 dated April 20, 2005 and filed in the Town Clerk’s Office on May 5, 2005. Premises are located at 249 North Middletown Road, Pearl River, New York and are identified on the Orangetown Tax Map as Section 68.12, Block 3 , Lot 27; CO zoning district.

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on  Wednesday, November 20, 2019 at which time the Board made the determination hereinafter set forth.

 

Donald Brenner, Attorney and Geraldine Josephson appeared and testified.

 

The following documents were presented:

 

  1. Site plan by Adler & Young dated April 19, 1995.
  2. ZBA Decision #05-33 dated April 20, 2005.
  3. ZBA Decision #95-66 dated October 18, 1995.

 

 

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

 

On advice of Denise Sullivan, 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) (11), (12), (16) and/or (17); which does not require SEQRA environmental review. The motion was seconded by Mr. Quinn and carried as follows:  Mr. Bosco, aye; Ms. Salomon, aye; Mr. Quinn, aye;  and Ms. Castelli, aye. Mr. Sullivan and Mr. Feroldi were absent.

 

Donald Brenner, Attorney, testified that the business had been operating in Pearl River for 32 years; that the conditional permit expired but the applicant is licensed by NYS and that license has not lapsed; that this was an oversight by the applicant and they would like to request the permit be issued retro to 2006.

 

Geraldine Josephson, testified that they are open from 6:30 A.M. to 6:30 P.M. five days a week; that they are permitted to have a capacity of 62 children and that she employs 24 people and apologizes for not renewing the permit.

 

Public Comment:

No public comment

 

Safe-n-Sound

ZBA#19-102                                       Permit #49343

Page 2 of 4

 

 

 

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 following Special Findings for the proposed Special Permit Use, as per Zoning Code Section 4.31, have been satisfactorily satisfied, for the following reasons:

 

  1. The Special Permit pursuant to which the applicant Safe-n-Sound Childcare was operating its children’s day care program expired on December 1, 2006; the program has operated without a permit since that date; however the program has always been licensed by New York State.

 

  1. The requested extension of the Special Permit will be appropriately located with respect to transportation, water supply, waste disposal, fire and police protection and other public facilities.

 

  1. The granting of the extension of the Special Permit will not cause undue traffic congestion or create a traffic hazard.

 

  1. The granting of the extension of the Special Permit will not create, at any point of determination set forth in Zoning Code Sections 16, 4.17 and 4.18 any more dangerous and objectionable elements, referred to in Section 4.11 than is characteristic of the uses expressly permitted as of right in the same Zoning District.

 

  1. The requested extension of the Special Permit will not adversely affect the character of or property values in the area.

 

  1. Will not otherwise impair the public health, safety, morals, convenience, comfort, prosperity and other aspects of the general welfare of the Town.

 

  1. The requested extension of the Special Permit will comply with all other regulations applicable to such use. For all Special Permit Uses a proposed plan, showing the size and location of the lot, design and location of the proposed facilities ( including access drives, screening and streets within 1,000) feet) and a detailed description thereof must be submitted in accordance with rules prescribed by the Board ( if any).

 

Safe-N-Sound

ZBA#19-102                                 Permit#49343

Page 3 of 4

 

  1. Before any Special Permit is granted, the applicant must secure approval of the proposed structure by the Town Engineer or the consulting engineers for the Town of Orangetown, if same has been requested or is otherwise required, which was done at the granting of the first special permit is 1995.

 

 

DECISION: In view of the foregoing and the testimony and documents presented, the Board RESOLVED that the application for the requested Special Permit renewal is APPROVED

(retroactive to December 1, 2006 for 20 years and will expire on December 1, 2026) ; 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.

 

 

 

Safe-n-Sound

ZBA#19-102                                       Permit #49343

Page 4 of 4

 

 

The foregoing resolution to approve the application for the requested Special Permit renewal is APPROVED: (retroactive to December 1, 2006 for 20 years and will expire on December 1, 2026); was presented and moved by Ms. Castelli, seconded by Ms. Salomon and carried as follows: Mr. Bosco, aye; Mr. Quinn, aye; Ms. Salomon, aye; and Ms. Castelli, aye. Mr. Sullivan and Mr. Feroldi 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:  November 20, 2019

 

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.

 

 

 

 

 

DECISION

 

   REAR YARD VARIANCE APPROVED WITH SPECIFIC CONDITION: No certificate of occupancy shall be issued until the drainage plan is approved by the building department/ town engineer.

 

To: Guoxiao Dong                                                     ZBA #19-105

6 Amethyst Court                                                           Date: November 20, 2019

West Nyack, New York 10994                           Permit # 49337

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

ZBA#19-105: Application of Guoxiao Dong for a variance from Zoning Code (Chapter 43) of the Town of Orangetown Code, R-15 District, Group M, Section 3.12, Columns 11 ( Rear Yard: 35’ required, 23.2’ proposed)  for a deck at an existing single-family residence.   The premises are located at 34 Van Terrace, Sparkill, New York and is identified on the Orangetown Tax Map as Section 78.09, Block 1, Lot 3 in the R-15 zoning district.

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on  Wednesday, November 20, 2019 at which time the Board made the determination hereinafter set forth.

 

Guoxiao Dong and Greg Smith, Contractor, appeared and testified.

 

The following documents were presented:

 

  1. Survey dated September 6, 2019 signed and sealed by John Atzl, P.L.S.
  2. Architectural plans labeled” Proposed Alteration for C & D Property Holdings, LLC signed and sealed by Jorge L. Lopez, Architect dated 09/06/2019 with the last revision date of 09/26/2019.
  3. A letter dated November 15, 2019 objecting to the application from the Christensen family, 36 Van Terrace.
  4. Three color pictures of the rear yard/decks submitted the applicant.

 

 

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 Denise Sullivan, 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) (11), (12), (16) and/or (17); which does not require SEQRA environmental review. The motion was seconded by Mr. Quinn and carried as follows:  Mr. Bosco, aye; Ms. Salomon, aye; Mr. Quinn, aye; and Ms. Castelli, aye. Mr. Sullivan and Mr. Feroldi were absent.

 

 

Guoxiao Dong testified that he purchased the property in October 2018 in a short sale; that the house was in foreclosure; that the property was a mess and he started to clean it up without a permit; that the water break and the gas leak were before his time; that he did work without  a permit and is trying to fix that now; that he has three permits now, one for the decks, one for interior work and one for the drainage; that he agreed to submitting a drainage plan that shows

 

Dong

ZBA#19-105                                       Permit #49337

Page 2 of 4

 

zero net increase in run-off for approval by the town engineer and or building inspector.

 

Greg Smith, contractor, testified that he was hired after the decks were built by the applicant and he received the stop work order, to correct and fix the decks.

 

 

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 rear yard variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The original deck on the house was approximately three (3’) feet less wide that the deck built without a permit. A licensed contractor has been hired to correct any errors made in the building of the decks. The applicant has agreed to submit a drainage plan that shall satisfy the Town Engineer/Building Inspector that zero net increase in run-off will be achieved on the property because of all the fill that was added prior to the stop work order being issued. No certificate of occupancy shall be issued until the drainage plan is approved by the building department/ town engineer.

 

 

  1. The requested rear yard variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The original deck on the house was approximately three (3’) feet less wide that the deck built without a permit. A licensed contractor has been hired to correct any errors made in the building of the decks. The applicant has agreed to submit a drainage plan that shall satisfy the Town Engineer/Building Inspector that zero net increase in run-off will be achieved on the property because of all the fill that was added prior to the stop work order being issued. No certificate of occupancy shall be issued until the drainage plan is approved by the building department/ town engineer.

 

 

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

Dong

ZBA#19-105                           Permit#49337

Page 3 of 4

 

  1. The requested rear yard variance, 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 original deck on the house was approximately three (3’) feet less wide that the deck built without a permit. A licensed contractor has been hired to correct any errors made in the building of the decks. The applicant has agreed to submit a drainage plan that shall satisfy the Town Engineer/Building Inspector that zero net increase in run-off will be achieved on the property because of all the fill that was added prior to the stop work order being issued. No certificate of occupancy shall be issued until the drainage plan is approved by the building department/ town engineer.

 

 

  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.

 

  1. DECISION: In view of the foregoing and the testimony and documents presented, the Board RESOLVED that the application for the requested rear yard variance is APPROVED with the Specific condition that No certificate of occupancy shall be issued until the drainage plan is approved by the building department/ town engineer ; 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.

Dong

ZBA#19-105                                       Permit #49337

Page 4 of 4

 

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 rear yard variance is APPROVED with the Specific condition that No certificate of occupancy shall be issued until the drainage plan is approved by the building department/ town engineer ; was presented and moved by Mr. Bosco, seconded by Mr. Quinn  and carried as follows: Mr. Bosco, aye; Mr. Quinn, aye; Ms. Salomon, aye; and Ms. Castelli, aye. Mr. Sullivan and Mr. Feroldi 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:  November 20, 2019

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Filed Under: Uncategorized Related Meetings: November 20, 2019 Zoning Board

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