Meeting Overview

MINUTES

ZONING  BOARD  OF APPEALS January  20, 2016

 

 

 

 

MEMBERS  PRESENT:           DAN SULLIVAN

PA TRICIA  CASTELLI THOMAS  QUINN

LEONARD  FEROLDI,  ALTERNATE

MICHAEL  BOSCO

 

 

 

ABSENT:                                   JOAN  SALOMON

 

 

 

ALSO PRESENT:                     Dennis Michaels,  Esq.

Ann Marie Ambrose,

Deborah  Arbolino,

Deputy Town Attorney Official  Stenographer Administrative   Aide

 

 

 

 

This meeting  was called to order at 7: 00 P.M.  by Mr. Sullivan,  Chairman.

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:

 

 

 

YONDERHILL   INTERPRETATION

1   Closter  Road

Palisades,   NY

78.18   I 1   I 52; R-40 zone

POSTPONED                            ZBA#l6-05

 

 

SMK ERIE LOT #1

24 Private  Del  Regno

Blauvelt,NY

70.13 I 1I21.5;     R-15   zone

REARY  ARD VARIAN CE APPROVED

ZBA#l6-06

 

 

 

SMK ERIE LOT #2

22 Private  Del Regno

Blauvelt,   NY

70.13 I 1   I 21.6;   R-15   zone

REARY ARD VARIAN CE APPROVED

ZBA#16-07

 

 

 

22   T    LJd    8     81J  srnz

 

Page2

 

 

 

 

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  8:00  P.M.

 

Dated:  January  20,  2016

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

 

By~~

 

 

DISTRIBUTION: APPLICANT

TOWN A TIORNEY

DEPUTY  TOWN ATTORNEY TOWN BOARD MEMBERS

BUILDING     INSPECTOR   (Individual     Decisions) Rockland   County Planning

Deborah  Arbo lino, Administrative    Aide

 

 

 

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DECISION

 

REAR YARD VARIANCE APPROVED

 

To:   Sean Keenan  (SMK Erie Lot #1)

24 Waters  Edge

Congers, New York  10920

ZBA #16-06

Date:  January 20,  2016

 

 

FROM:  ZONING  BOARD  OF APPEALS:   Town of Orangetown

 

 

 

ZBA#l 6-06:   Application  of SMK Erie Lot #1  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,  24.6′   proposed)  for a deck at a single-family   residence.    The premises  are located  at 24 Private  Del Regno,  Blauvelt,  New York and are identified  on the Orangetown  Tax Map as Section  70.13,  Block  1, Lot 21.5; in the R-15   zoning

district.

 

 

 

Heard by the Zoning  Board  of Appeals  of the Town  of Orangetown  at a meeting  held on

Wednesday,  January  20, 2016 at which  time the Board made the determination hereinafter  set forth.

 

Robert Hoene,  Architect,  appeared  and testified. The following  documents  were presented:

1. 1. Copy of site plan labeled”   Plot plan for deck -Lot  #1″    signed  and sealed by Jay
2. Greenwell, L.S .. (1 page).
3. Architectural  plans labeled  ” Rear & Right Elevations  with  “Floor  Plans”  dated

03/20/2015  with the latest revision   date of 12/08/2015,    signed and sealed by

Robert Hoene, Registered  Architect  (1 page).

3. 3. One computer  generated  picture  of the existing  deck.

 

 

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

 

On advice  of Dennis  Michaels,   Deputy  Town Attorney,   counsel to the Zoning  Board of Appeals,  Mr. Sullivan   moved  for a Board  determination   that the foregoing  application  is a Type II action exempt from the State Enviromnental   Quality  Review  Act (SEQRA), pursuant  to SEQRA  Regulations   §617.5   (c) (9),  (10),  (12) and/or (13);   which does not require  SEQRA  environmental  review.  The motion  was seconded  by Ms.  Castelli  and carried  as follows:   Ms.  Castelli,  aye; Mr. Feroldi,  aye; Mr. Bosco,  aye;  Mr. Quinn,  aye; and Mr. Sullivan,   aye.  Ms.  Salomon   was absent.

 

Robert Hoene,  Architect,  testified  that the original plan was proposing  a patio,  which would not have needed  a variance  but the patio was changed  to a deck during

construction  because  of the grading  of the property;  that they would have had to bring  in

a lot of fill in order to constrnct  the patio and by building   a deck they were able to ad basement  windows  to the house; and that is why they are before  the board now.

 

 

 

 

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SMK Erie Lot #1

ZBA#16-06

Page2  of  4

 

 

 

 

Public  Comment:

 

 

Janice Tocco,  17 Colony Drive,  Blauvelt,  testified  that this house  is directly behind her house; that it is already  close to her house  and she wanted  to make sure that the proposed deck was not getting larger;  that she was used to having  woods  and a meadow  in the rear of her house  and this three story house  is a big change.

 

The Board members  made personal  inspections  of the premises  the week before the meeting  and found them to be properly  posted  and as generally  described  on the application.

 

A satisfactory  statement  in accordance  with the provisions  of Section  809 of the General

Municipal  Law of New York was received.

 

 

Mr. Sullivan made  a motion  to close the Public Hearing  which motion  was seconded by

Ms. Castelli   and carried unanimously.

 

FINDINGS OF FACT AND CONCLUSIONS:

After personal observation of the property, hearing all the testimony and reviewing 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.

 

 

 

2. 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 builder should take note not to make field changes to plans that have been reviewed and approved by the building department.

 

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

 

 

 

4. The requested rear yard variance is not substantial.

 

 

 

5. 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.

 

6. The builder should take note not to make field changes to plans that have been reviewed and approved by the building department.

 

 

 

 

 

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SMK Erie Lot #1

ZBA#16M06

Page 3  of 4

 

 

 

 

DECISION: Inview 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.

 

 

 

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The foregoing  resolution  to approve  the application  for the requested  rear yard variance was presented  and moved by Ms. Castelli,  seconded  by Mr. Bosco,   and canied  as follows:   Mr. Quinn, aye ;Mr. Bosco,   aye;  Mr. Feroldi,  aye;   Ms.  Castelli,   aye; and Mr. Sullivan,   aye.  Ms.  Salomon  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:   January  20,  2016

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

 

DISTRIBUTION:

 

APPLICANT ZBA MEMBERS SUPERVISOR

TOWN BOARD MEMBERS TOWN AITORNEY

DEPUTY  TOWN ATTORNEY OBZPAE

BUILDING INSPECTOR-R.A.O.

Administrative   Aide

 

 

TOWN  CLERK

HIGHWAY   DEPARTMENT ASSESSOR

DEPT.   of ENVIRONMENTAL MGMT. and ENGINEERING FILE,ZBA,  PB

CHAIRMAN,    ZBA,  PB, ACABOR

 

 

 

38!.::l.:lO    S~HJ318   Nh\01

 

22    ‘I    Lld    8     83J  9102

 

DECISION

 

 

REARY ARD VARIAN CE APPROVED

 

To:   Sean Keenan (SMK Erie Lot #2)

24 Waters Edge

Congers, New York 10920

ZBA #16-07

Date: January 20, 2016

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

 

 

ZBA#l6-07: Application of SMK Erie Lot #2 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, 26.6′ proposed) for a deck at a single-family residence. The premises are located at 22 Private Del Regno, Blauvelt, New York and are identified on the Orangetown Tax Map as Section 70.13, Block 1, Lot 21.6;  in the R-15 zoning district.

 

 

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, January 20,  2016 at which time the Board made the determination hereinafter set forth.

 

Robert Hoene, Architect, appeared and testified. The following documents were presented:

1. 1. Copy of site plan labeled ” Plot plan for deck -Lot #2″  signed  and sealed by Jay
2. Greenwell, L.S .. (1 page).
3. 2. Architectural plans labeled ” Rear & Right Elevations with Floor Plans” dated

03/20/2015  with the latest revision  date of 12/08/2015,   signed and sealed by

Robert Hoene, Registered Architect (1 page).

3. 3. One computer generated picture of the existing deck.

 

 

 

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

 

On advice of Dennis Michaels, Deputy Town Attorney,  counsel  to the Zoning Board of Appeals,  Mr. Sullivan moved for a Board determination that the foregoing application is a Type II action exempt from the State Environmental Quality Review Act (SEQRA), pursuant to SEQRA Regulations §617.5   (c) (9), (10), (12)  and/or (13);  which does not require SEQRA environmental review.  The motion was seconded by Ms. Castelli and carried as follows:   Mr. Feroldi, aye; Ms. Castelli, aye; Mr. Bosco, aye; Mr. Quinn, aye; and Mr. Sullivan, aye. Ms.  Salomon was absent.

 

Robert Hoene, Architect, testified that the original plan was proposing a patio, which would not have needed a vmiance but the patio was changed to a deck during construction;  that the grading of the property would have meant that quite a bit of fill would have to be brought in; that the change should have been brought back to the building inspector for review;  and that is why they are before the board now.

 

 

 

 

 

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22    1   Lld    8     91l srnz

 

 

 

 

 

Public Comment:

 

No public comment.

 

The Board members made personal inspections of the premises the week before the meeting and found them to be properly posted and as generally described on the application.

 

A satisfactory statement in accordance with the provisions of Section 809 of the General

Municipal Law of New York was received.

 

Mr.  Sullivan made a motion to close the Public Hearing which motion was seconded by

Ms. Castelli and carried unanimously.

 

FINDINGS OF FACT AND CONCLUSIONS:

After personal observation of the property, hearing all the testimony and reviewing 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.

 

 

 

2. 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 builder should take note not to make field changes to plans that have been reviewed and approved by the building department.

 

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

 

 

 

4. The requested rear yard variance is not substantial. The builder should take note not to make field changes to plans that have been reviewed and approved by the building department.

 

 

 

5. 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.

 

6. The builder should take note not to make field changes to plans that have been reviewed and approved by the building department.

 

3DL:UO S~P!31Q  NMOl

 

Z2   l  L.Jd    8      81J   9102

 

 

 

 

SMK Erie Lot #2

ZBA#16-07

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.

 

 

 

 

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The foregoing resolution to approve the application  for the requested  rear yard variance was presented and moved by Mr. Quinn, seconded by Mr. Quinn and carried as follows: Mr. Bosco,   aye; Mr. Feroldi,  aye; Mr. Quinn,  aye ;Ms. Castelli,   aye; and Mr.  Sullivan, aye.  Ms.  Salomon 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: January 20,  2016

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

DISTRIBUTION:

 

APPLICANT

ZBA  MEMBERS SUPERVISOR

TOWN BOARD  MEMBERS

TOWN ATTORNEY

DEPUTY  TOWN ATTORJ’lEY OBZPAE

BUILDING    INSPECTOR-R.A.0.

 

By..,£……..;~4.£..4-“–‘””-“”-‘-“‘4.,.=..= Deborah Arbolino Administrative  Aide

 

 

TOWN  CLERK

HIGHWAY    DEPARTMENT

ASSESSOR

DEPT.  of ENVIRONMENTAL

MGMT.   and ENGINEERING FILE,ZBA,   PB

CHAIRMAN,     ZBA,  PB, ACABOR