Meeting Overview

MINUTES                      Zu16  \.!AN  26    Pf’l ·1-  31

ZONING BOARD OF APPEALS

January 6. 2016                    TOWN  CLEr\i(S    OFFICE

 

 

 

MEMBERS PRESENT:        DAN SULLIVAN PATRICIA CASTELLI JOAN SALOMON . THOMAS QUINN

LEONARD FEROLDI, ALTERNATE MICHAEL BOSCO

 

 

 

ABSENT:                               NONE

 

 

 

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

 

POSTPONED ITEM:   FIESTA MEXICO	OUTDOOR DINING	ZBA#lS-101
OUTDOOR DINING	APPROVED
380 Route 303
Orangeburg,  NY
74.11I1I7;  CC zone
NEW ITEMS:
150 BURROWS LANE	CONTINUED	ZBA#16-01
150 Burrows Lane
Blauvelt, NY
70.09 I 3 I 22; R-40 zone
SISTERS OF ST. DOMINIC	REAR YARD	ZBA#16-02
SUBDIVISION	VARIANCE FOR LOT #1
496 Western Highway	APPROVED
Blauvelt, NY
74.06 I 3 I 1.1  & 1.3; R-40 zone
BERTUS SI	DENIED	ZBA#16-03
196 West Central Avenue
Pearl River, NY
68.19 I 3 I 2; R-22 zone
O’CONNOR 28 Duhaime Road	APPROVED AS MODIFIED	ZBA#16-04
Pearl River, NY
69.10 I 2 I 26; R-15 zone

 

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OTHER  BUSINESS:

 

 

In response  to requests  from the Orangetown   Planning   Board,   the Zoning  Board of Appeals:   RESOLVED,   to approve  the action  of the Acting  Chairperson  executing  on behalf  of the Board   its  consent  to the Planning  Board acting   as Lead Agency   for the State Environmental   Quality  Review  Act (SEQRA)  coordinated   environmental  review  of actions pursuant  to SEQRA  Regulations§    617.6    (b)(3)  the following  applications:

Verizon  Wireless  Telecommunications   Facilities    Site  Plan and Special   Permit,   68

Sickletown  Road,  Orangeburg,   NY; 69.19  I 1  I 6; R-40 zone;   Bergson  5-lot   Subdivision,

56  Woods Road,  Palisades,   N.Y.,  78.18    I 1I3.1      & 3.2;  R-80  zone;  Lee Garage/Studio

Addition  Site Plan-Critical  Environmental  Area, 910 Route 9W,  Upper Grandview,  N.Y.,

71.17,     1,   24;  R-22 zone;  Hayes Minor  Subdivision   Plan,  624 Western  Highway,  Blauvelt, NY 70.09 I 3 I 40 & 41.2;   R-15 zone;   and FURTHER  RESOLVED,   to request   to be notified  by the Planning   Board of SEQ RA 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 10:15   P.M.

 

Dated: January  6, 2016

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

 

DISTRIBUTION: APPLICANT

TOWN ATTORNEY

DEPUTY TOWN ATTORNEY TOWN BOARD  MEMBERS

BUILDING   INSPECTOR   (Individual     Decisions) Rockland  County  Planning

Deborah  Arbolino,   Administrative   Aide

 

DECISION

OUTDOOR DINING VARIANCE APPROVED       Zfi16   t.!RN   26    Pf’l  1  32

rowu   CU:.hi\S   OFFiCE

 

To: Alfredo Zaldivar

380 Route 303

Orangeburg, New York 10962

ZBA #15-101

Date: January 6, 2016

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

ZBA#15- 101: Application of Fiesta Mexico for a variance from Zoning Code (Chapter

43) of the Town of Orangetown Code, CC District (refers to CS District), Section 3.11,

Column 7 paragraph 3 (All sales and service shall be within a completely enclosed building) for an existing outdoor dining patio at an existing restaurant. The premises will be located at 380 Route 303, Orangeburg, New York and are identified on the Orangetown Tax Map as Section 74.11, Block l, Lot 7; in the CC zoning district.

 

 

 

 

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, January 6, 2016 at which time the Board made the determination hereinafter set forth.

 

Alfredo and Patricia Zaldivar appeared and testified. The following documents were presented:

1. Copy of site plan (1 page).
2. Hand drawn seating plan with measurements of the tables and space between them.
3. Thirteen color pictures of the tables and the patio space.

 

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 since the applicant seek area or bulk variances for construction or expansion of primary, or accessory or appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls; this application is exempt from the State Environmental Quality Review Act (SEQRA), pursuant to SEQRA Regulations §617.5 (c) (7); which does not require SEQRA environmental review. The motion was seconded by Ms.

Castelli and carried as follows: Ms. Castelli, aye; Ms. Salomon, aye; Mr. Bosco, aye; Mr. Quinn, aye; and Mr. Sullivan, aye.

 

 

 

 

Patricia Zaldivar testified that her family has owned the restaurant sincel 984; that they purchased the building with the existing outdoor patio; that they were told recently that they needed a permit for outdoor dining and they applied and were sent to this Board and ACABOR; that there is a three foot wall surrounding the outdoor dining space; that the building was originally a fish and chips restaurant; that there are no residences in the

area; that there is an auto repair, plastic company and bank in the immediate area.

 

 

 

Fiesta Mexico Outdoor Dining

ZBA#lS-101

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TOWM CLEh1~S   OFfiCE

 

 

 

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 outdoor dining variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The patio and outdoor dining area has existed for many years without incident.

 

 

 

2. The requested outdoor dining variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The patio and outdoor dining area has existed for many years without incident.

 

 

 

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 outdoor dining 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 patio and outdoor dining area has existed for many years without incident.

 

 

 

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.

 

 

Fiesta Mexico Outdoor Dining

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ZBA#lS-101

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TOWN  CLEh1<S   OFFiCE

 

 

 

 

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

 

 

 

Fiesta Mexico  Outdoor  Dining

ZBA#15-101

Page  4 of  4

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The foregoing  resolution  to approve  the application  for the requested  outdoor  dining variance   was presented  and moved by Mr. Bosco,   seconded  by Ms.  Castelli    and carried as follows:   Ms.  Salomon,   aye;  Mr. Bosco,  aye; Mr.  Quinn,  aye; -Ms,  Castelli,  aye; and Mr. Sullivan,   aye.

 

 

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 Cleric

 

DATED:   January  6,  2016

 

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

 

DISTRIBUTION:

 

APPLICANT

ZBA   MEMBERS SUPERVISOR

TOWN  BOARD  MEMBERS TO\VN  ATTORNEY

DEPUTY  TOWN  ATTORNEY OBZPAE

BUILDING   INSPECTOR-R.A.0.

TOWN   CLERK.

HTGl-IWAY     DEPARTMENT ASSESSOR

DEPT.  of ENVIRONMENTAL

MGMT.  and  ENGTNEERING FILE,ZBA,    PB

CHAIRMAN,     ZBA,  PB,  ACABOR

 

DECISION        TO\’/i·J  OF  o:~:\NGETOWM

 

REARYARDVARIANCEFORLOT#lAPPRO’\Zm’-!RN           26   frl  1  32

 

 

To: Michael  Dempsey  (Sisters  of St. Dominic)

470 Western  Highway

Orangeburg,  New York  10962

T 0 \’I t!:B’A-fl i<6~()20 f FI CE

Date: January  6, 2016

 

 

FROM:  ZONING  BOARD  OF APPEALS:  Town of Orangetown

 

 

 

ZBA#16-02:  Application  of Sisters of St. Dominic  of Blauvelt  for variances  from Zoning Code (Chapter  43) of the Town of Orangetown  Code, Section  3.12, R-40 District,   Group E,  Column   11  (Rear Yard:  100′ required,  30′   proposed)  for lot #1 of a three lot subdivision.  The property  is located  at 496 Western  Highway,  Blauvelt,  New York and is identified  on the Orangetown  Tax Map as Section  74.06, Block 3, Lots 1.1 & 1.3; in the

R-40 zoning  district.

 

 

Heard by the Zoning  Board of Appeals  of the Town  of Orangetown  at a meeting  held on Wednesday,  January  6, 2016 at which time the Board made the determination  hereinafter set forth.

 

Michael  Dempsey,   Sister  Catherine  Howard,  and Brian  Quinn,  Attorney,    appeared  and testified.

 

The following  documents  were presented:

 

 

1. Site plan labeled” Sisters of St. Dominic of Blauvelt  Realty  Subdivision  2016″ dated  11/5/2015 with the latest revision  date of 11/11/2015  signed and sealed by P. Joseph  Corless,  L.S .. (1 page).
2. A memorandum   dated November  9, 2015 from John Giardiello,  P.E., Director, Office of Building,  Zoning  and Planning  Administration   and Enforcement,  Town of Orangetown.
3. A letter dated November   11, 2015 from Michael  Dempsey  stated that there are no current plans for construction.
4. Planning  Board Decision  #15-55  dated November  9, 2015.
5. A letter dated  December  21, 2015 from the County  of Rockland  Department  of

Planning  signed by Douglas  J. Schuetz,  Acting  Commissioner  of Planning.

6. A letter dated December  29, 2015 from the County  of Rockland  Department  of

Highways  signed by Sonny Lin, P .E ..

7. A letter dated December  l, 2015 from the County  of Rockland  Department  of

Health  signed by Scott Mc Kane, P .E ..

8. A letter dated December  18, 2015 from the County  of Rockland  Sewer District

No.I  signed by Joseph  La Fiandra,  Engineer  II.

 

 

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 since the Planning  board noticed its intent to declare itself Lead Agency  and distributed  that notice of intention  to all Involved  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  Board conducted  a SEQRA  review  and on November  9, 2015, 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  Regulation§   617,6 (b)(3). The motion  was seconded  by Ms. Castelli  and carried  as follows:  Mr. Quinn, aye; Ms. Salomon,  aye;  Mr. Bosco,  aye; Ms. Castelli,  aye; and Mr. Sullivan,  aye.

 

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Sisters of St. Dominic Blauvelt Subdivision

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ZBA#l6-02                                                  TOWN  CLELr~0    CFFlCE Page2 of 4

 

Brian Quinn, Attorney, testified that on the east side of Western Highway is the College Campus and the Sisters own the property on the west side of Western Highway that they lease to the college; that they are proposing the subdivision because they would like to sell areas to the college; that the Sisters will retain the

cemetery and some of the buildings; that they would like to sell the very westerly side of the property to the college which includes the athletic fields; that they need one

rear yard variance for an existing building; that there is no new development

presently proposed; that the subdivision is necessary to allow the college to finance;

and he submitted n aerial view of the property.

 

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 for lot #1 will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. No construction is proposed and the subdivision will allow the college to purchase the

property from the Sisters, and allow the college to finance improvements on existing buildings.

 

 

 

2. The requested rear yard variance for lot #1 will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No construction is proposed and the subdivision will allow the college to purchase the property from the Sisters, and allow the college to finance improvements on existing buildings.

 

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 for lot #1, 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.

No construction is proposed and the subdivision will allow the college to purchase the property from the Sisters, and allow the college to finance improvements  on existing

buildings.

 

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Sisters of St. Dominic Blauvelt Subdivision

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ZBA#l6-02

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TOWN  CLEi\hS       OFFICE

 

 

 

5. 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.

 

 

 

DECISION: In view of the foregoing and the testimony and documents presented, the

Board: RESOLVED, that the application for the requested rear yard variance for lot

#1 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.

 

Sisters of St. Dominic  Blauvelt  Subdivision

ZBA#16-02

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The foregoing  resolution  to approve  the application  for the requested  rear yard variance for lot #1  was presented  and moved by Ms. Castelli,   seconded   by Ms.  Salomon    and carried  as follows:   Mr. Bosco,   aye;  Mr. Quinn,  aye; Ms.  Castelli,   aye; Ms.  Salomon,   aye; and Mr. Sullivan,  aye.

 

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  6, 2016

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

 

 

DISTRIBUTION:

 

APPLICANT

ZBA   MEMBERS SUPERVISOR

TOWN BOARD  MEMBERS TOWN ATTORNEY

DEPUTY   TOWN ATTORNEY

OBZPAE

BUILDING    INSPECTOR-N.A.

By_,_….lL..J~~  ::    -=-i~~ Deborah  Arbolino Administrative   Aide

 

 

TOWN CLERK

HIGHWAY    DEPARTMENT ASSESSOR

DEPT.   of ENVIRONMENTAL

MGMT.  and ENGINEERING FILE,ZBA,   PB

CHAIRMAN,     ZBA, PB,   ACABOR

 

DECISION   TOWH  OF    CP./·JlGETOWN

 

 

ACCESSORYSTRUCTUREWITHOUT p~}fpmetJiLi~d·o~AME LOT VARIANCE DENIED

 

To: Thomas Bertussi

60-70 Dexter Plaza

Pearl River, New York 10965

ZBA #16-03

Date: January 6, 2016

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

ZBA#l6-03: Application of Thomas Bertussi for a variance from Zoning Code (Chapter

43) of the Town of Orangetown, Section 3.12 R-22 District, Group I, Definitions: (Accessory Buildings require a Principal Building on same lot) and the applicant is requesting to remove the existing one-family residence and construct /erect a new accessory building. The premises are located at 196 West Central Avenue, Pearl River, New York and are identified on the Orangetown Tax Map as Section 68.19, Block 3, Lot

2 in the R-22 zoning district.

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, January 6, 2016 at which time the Board made the determination hereinafter set forth.

 

Thomas Bertussi, Donald Brenner, Attorney, and  Sarah Torrens, Attorney, appeared and testified.

 

The following documents were presented:

 

1. Site plan labeled ” Site Plan for Proposed Accessory Building Bertussi” dated

10/31/2014 with the latest revision date of05/13/2015 signed and sealed by Jay

1. Greenwell, PLS, LLC. (1 page).
2. A letter dated January 5, 2016 from Donald Brenner to the Board stating that the property would be used for residential requirements and not commercial – warehouse purposes.

 

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 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: Ms. Castelli, aye; Ms. Salomon, aye; Mr. Bosco, aye; Mr. Quinn, aye;

and Mr. Sullivan, aye.

 

Donald Brenner testified that the applicant appeared before the Planning board and told them that his intention was to build a gym for his children and to remove the existing house when the gym was complete to install a field in its place; that he needs a variance

to remove the existing house because according to the code you cannot have an accessory building without a primary building.

 

Tom Bertussi testified that his intention was always to remove the existing house and have a large grass area for a field for sports for his five children; that the house he wants to remove was probably built around 1950; that he would like to have spotlights for the field that would not face the neighbors; that he could build a tiny house to go with the gym but would rather not; that he does not want to merge the lots because in the future one of his children might decide to build a house on the lot; and that he has no problem with the suggested condition that ” The use and purpose of the proposed accessory structure or building will be for a gym, or other recreational use/purpose, for the Applicant’s family, which use/purpose will be solely single-family residential in nature and character” as quoted by Dennis Michaels.

 

 

 

Bertussi

ZBA#16-03

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2016  JAN   2 6   Pf’l  1  32

 

 

 

Public Comment:

 

Cliff Herbst, 2 Martha Lane, testified that he likes the idea of the open land but is concerned about future development of the property without a residential building; and inquired if the building has a certificate of occupancy, asking if it has sewer and electric and gas; and that it is a very large accessory building at 5,000 square feet.

 

Marino Niconich, 11 Evergreen Lane, testified that his property borders Mr. Bertussi’s property; that he has concerns regarding traffic from all the kids being dropped off and picked up and wonders where all the parents will park.

 

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 ofNew 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 is granted do not outweigh the detriment to the health, safety and welfare of

the neighborhood or community by such grant, for the following reasons:

 

 

 

1. The requested accessory structure building without a principal building on the same lot variance could produce an undesirable change in the character of the neighborhood and a detriment to nearby properties. The Board is concerned that granting a variance for such a large accessory building without a principal building could establish a precedent that increases traffic in the neighborhood.

 

 

 

2. The requested accessory structure building without a principal building on the same lot variance could have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

 

3. The benefits sought by the applicant can be achieved by other means feasible for the applicant to pursue other than by obtaining a variance. The applicant could build a small structure with sleeping quarters, a kitchen and bathroom as the principal structure, or he could merge the subject residential lot with his abutting residential lot that is contiguous with the subject lot.

 

 

 

4. The requested accessory structure building without a principal building on the same lot variance, is substantial, and could be detrimental to the health, safety and welfare of the surrounding neighborhood or nearby community.

 

 

 

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.

 

 

 

Bertussi

ZBA#16-03

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TOWN  cu u.s Cf Fi CE

 

 

DECISION: In view of the foregoing and the testimony and documents presented, the Board: RESOLVED, that the application for the requested accessory structure building without a principal building on the same lot variance is DENIED; and FURTHER RESOLVED, that such decision and the vote thereon shall become effective and be deemed rendered on the date of adoption by the Board of the minutes of which they are a part.

 

 

 

General Conditions:

 

(i) The approval of any variance or Special Permit is granted by the Board in accordance with and subject to those facts shown on the plans submitted and, if applicable, as amended at or prior to this hearing, as hereinabove recited or set forth.

 

(ii) Any approval of a variance or Special Permit by the Board is limited to the specific variance or Special Permit requested but only to the extent such approval is granted herein and subject to those conditions, if any, upon which such approval was conditioned which are hereinbefore set forth.

 

 

 

(iii) The Board gives no approval of any building plans, including, without limitation, the accuracy and structural integrity thereof, of the applicant, but same have been submitted to the Board solely for informational and verification purposes relative to any variances being requested.

 

 

 

(iv) A building permit as well as any other necessary permits must be obtained within a reasonable period of time following the filing of this decision and prior to undertaking any construction contemplated in this decision. To the extent any variance or Special Permit granted herein is subject to any conditions, the building department shall not be

obligated to issue any necessary permits where any such condition imposed should, in the sole judgment of the building department, be first complied with as contemplated

hereunder. Occupancy will not be made until, and unless, a Certificate of Occupancy is

issued by the Office of Building, Zoning and Planning Administration and Enforcement

which legally permits such occupancy.

 

 

 

(v) Any foregoing variance or Special Permit will lapse if any contemplated construction of the project or any use for which the variance or Special Permit is granted is not substantially implemented within one year of the date of filing of this decision or that of any other board of the Town of Orangetown granting any required final approval to such project, whichever is later, but in any event within two years of the filing of this decision. Merely obtaining a Building Permit with respect to construction or a Certificate of Occupancy with respect to use does not constitute “substantial implementation” for the purposes hereof.

 

 

 

Bertussi

ZBA#16-03

Page  4 of  4

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Mr. Sullivan  made a motion  to Approve  the application  for the requested  accessory

structure building  without  a principal  building  on the same  lot  variance;   which motion was seconded  by Ms.   Salomon  and then withdrawn.

 

 

 

The foregoing  resolution  to DENY the application  for the requested  accessory  structure building  without  a principal  building   on the same lot  variance  was presented  and moved by Ms.  Salomon,  seconded  by Mr. Bosco   and carried  as follows:   Ms. Castelli,  aye; Mr. Bosco,   aye; Mr. Quinn,  aye;  Ms.  Salomon,   aye; and Mr. Sullivan,   nay.

 

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  6, 2016

 

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

 

DISTRJBUTION:

 

APPLICANT

ZBA   MEMBERS SUPERVISOR

TOWN  BOARD  MEMBERS TOWN  ATTORNEY

DEPUTY  TOWN  ATTORNEY OBZPAE

BUILDING     INSPECTOR-R.A.0.

By-4—6″{;.4L-“”‘—~-1=1…=–‘-• Deborah  Arbolino

Administrative   Aide

 

 

TOWN   CLERK

l-llGI-IWAY   DEPARTMENT ASSESSOR

DEPT.   of ENVIRONMENTAL

MGMT.  and  ENGINEERING FlLE,ZBA,   PB

CHAIRMAN,     ZBA,   PB,  ACABOR

 

DECISION

 

FLOOR AREA RATIO, LOT AREA, LOT WIDTH, FtRO~~ijtEA_~2

 

YARD FOR POOL, AND REAR YARD FOR CABAN4, ~~~C~..D’-FICE APPROVED:                         SIDE YARD AND TOTAL SIDE YARD ~litii.Rbwn\x~  I

MODIFIED

 

To: James O’Connor

28 Duhaime Road

Pearl River, New York 1096.5

ZBA #16-04

Date: January 6, 2016

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

ZBA#l 6-04: Application of James O’Connor for variances from Zoning Code (Chapter

43) of the Town of Orangetown Code, R-15 District, Group M, Section 3.12, Columns 4 (Floor Area Ratio: .20 permitted, .284 existing{ZBA#08-46}   .  .301proposed)5  (Lot Area; 15,000 sq. ft. required, 10,955 sq. ft. existing), 6 (Lot Width: 100′ required, 75′ existing), 8 (Front Yard: 40′ required, 30.2′ existing), 9 (Side Yard: 20′ required, 8′ proposed; modified to 16′), 10 {Total Side Yard: 50′ required, 32.3′ proposed: modified to 40.4′), 11  (Rear Yard: 35′ required, 9′ proposed for cabana) and from Section 5.227: (Rear yard for pool: 20′ required, 9′ proposed) for an in-ground pool and cabana at a

single-family residence. The premises are located at 28 Duhaime Road, Pearl River, New

York and are identified on the Orangetown Tax Map as Section 69 .10, Block 2, Lot 26;

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 6, 2016 at which time the Board made the determination hereinafter set forth.

 

James  O’Connor,   owner,  Dana  Diamond,  girlfriend,  and  John  Beaudry,  Curtis

Landscaping, appeared and testified.

 

The following documents were presented:

 

1. Copy of site plan dated 9/16/ 15 with the latest revision date of 10/24/2015  (1 page) signed and sealed by Paul Gdanski. P .E ..
2. Deck plan for O’Connor dated October 24,2015 signed and sealed by Paul

Gdanski, P .E ..

3. Cabana Plan & Elevation for O’Connor dated October 24, 2015 signed and sealed by Paul Gdanski, P.E. (3 pages).
4. Two page drawing of proposed cabana not signed or sealed.
5. Zoning Board decision #08-46 for 28 Duhaime Road.
6. Certificate of Occupancy.
7. Three letters in support of the application from abutting property owners.

 

 

 

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 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: Ms. Castelli, aye; Ms. Salomon, aye; Mr. Bosco, aye; Mr. Quinn, aye;

and Mr. Sullivan, aye.

 

John Beardry, Curtis Landscaping, testified that they are proposing to install a retaining wall, in-ground pool and cabana; that the yard is small and they situated the pool to one side of the property so that there would still be some yard for the two little girls to play

 

 

ZBA#16-04

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in; that the house was built with variances and then sold to Mr. O’Connor shortly after;

and that the fire pit has been eliminated from the plans.

 

Dan Diamond testified that the cabana is necessary because she needs an outdoor facility for the girls that are aged 4 and 5; that the fire pit was eliminated because it was too close to the existing basement stairs; that it is very important to her to have a yard for the girls to play in when the pool is closed; that the deck could be reduced on the side of the house to reduce the requested side yard and total side yard variances; that the proposed cabana

is really only a little larger than a shed; that there is an overhang on it to provide shade;

and that they have done many improvements to the property since purchasing it.

 

 

 

Public Comment:

Daniel Casey, 147 South Reid Drive, testified that he is the neighbor to the rear of the applicant; that he is here to speak in support of the applicant; that they have made drastic improvements to the property since purchasing it; that there is another house with a pool and cabana at 22 Duhaime and he hopes the Board grants the necessary variances.

 

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 floor area ratio, lot area, lot width, front yard, and rear yard for the

pool and cabana variances, and the side yard and total side yard variances as modified to 16′ and 40.4′ respectively, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties.

 

 

 

2. The requested floor area ratio, lot area, lot width, front yard, and rear yard for the pool and cabana variances, and the side yard and total side yard variances as modified to 16′ and 40.4′ respectively, will not have an adverse effect or impact on the

physical or environmental conditions in the neighborhood or district.

 

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 floor area ratio, lot area, lot width, front yard, and rear yard for the pool and cabana variances, and the side yard and total side yard variances as modified to 16′ and 40.4′ respectively, 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.

 

 

ZBA#16-04

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TOWN   CLE1\i\~.-  or- r….. ·t cc

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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.

 

 

 

DECISION: In view of the foregoing and the testimony and documents presented, the

Board: RESOLVED, that the application for the requested floor area ratio, lot area,

lot width, front yard, side yard as modified to 16′, total side yard as modified to 40.4′,

and rear yard for the pool and cabana 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.

 

O’Connor

ZBA#16-04

Page  4 of  4

 

 

 

 

 

The foregoing  resolution   to approve  the application  for the requested  floor area ratio,  lot area,  lot  width,   front yard, side  yard as modified  to 16′,   total  side yard as modified  to

40.4′,   and rear yard for the pool  and cabana variances,  was presented  and moved by Mr. Quinn, seconded by Ms.  Castelli   and canied  as follows:   Mr. Bosco,  aye; Mr.  Quinn,   aye; Ms.  Castelli,    aye; Ms.  Salomon,   aye;  and Mr. Sullivan,   aye.

 

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  6,  2016

 

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

 

DISTRIBUTION:

 

APPLICANT

ZBA  MEMBERS SUPERVISOR

TOWN BOARD MEMBERS TOWN ATTORNEY

DEPUTY   TOWN ATTORNEY OBZPAE

BUILDING    INSPECTOR-G.M.

B~

Deborah  Arbolino

Administrative   Aide

 

 

TOWN  CLERK

HIGHWAY     DEPARTMENT ASSESSOR

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

CHAIRMAN,     ZBA, PB,  ACABOR