Meeting Overview

MINUTES

ZONING  BOARD  OF APPEALS OCTOBER   1.  2014

 

 

 

MEMBERS  PRESENT:

PATRICIA  CASTELLI JOAN  SALOMON THOMAS  QUINN

LEONARD  FEROLDI,  ALTERNATE MICHAEL  BOSCO

 

 

ABSENT:

 

 

 

DAN SULLIVAN

 

 

ALSO PRESENT:

Dennis  Michaels,  Esq. Ann Marie Ambrose,

Elizabeth  Decort,

Deputy Town  Attorney

Official  Stenographer

Clerk Typist

 

 

 

This meeting  was called to order at 7: 00 P .M. by Ms. Castelli,  Acting Chairman. Hearings  on this meeting’s  agenda,  which  are made  a part of this meeting,  were held as

noted below:

 

 

 

PUBLISHED ITEMS

 

 

 

APPLICANTS

 

 

CONTINUED   ITEM:

DECISIONS

 

 

ORANGETOWN SHOPPING  CENTER

74.10 I I  I 61; CS zone

 

NEW ITEMS: DEL PONTE

77.11I2 I 42; R-15 zone

 

 

GRACE TABERNACLE CHURCH

77.08 I 5 I 41; CS zone

POSTPONED

TO OCTOBER 15, 2014

 

 

 

FLOOR AREA RATIO AND BUILDING HEIGHT VARIANCES APPROVED WITH CONDITION

 

 

FRONT YARD VARIANCE APPROVED

ZBA#l4-65

 

 

 

ZBA#l4-70

 

 

 

ZBA#l4-72

 

 

 

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Minutes

Page 2 of2

 

 

 

In response to requests from the Orangetown Planning Board, the Zoning Board of Appeals: RESOLVED, to approve the action of the Acting Chairman, Patricia Castelli, 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: Walgreens Subdivision Plan, 81  Route 303, Tappan, N.Y. 77.15 I

1I24&25; CS & CO zoning districts, 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: October  1, 2014

 

 

 

DISTRIBUTION: APPLICANT

TOWN AITORNEY DEPUTYTOWN ATIORNEY TOWN BOARD MEMBERS

BUILDING INSPECTOR (Individual Decisions)

Rockland County Planning

 

ZONING BOARD OF APPEALS TOWN OF ORANGETOWN

 

 

By   ~                       l}1 r;ec,,u;/-

Elizabeth Decort

Clerk-Typist

 

DECISION

 

FLOOR AREA RATIO AND BUILDING  HEIGHT VARIANCES  APPROVED

WITH CONDITIONS

 

To: Richard and Linda DelPonte

1  Paul Court

Tappan, New York 10983

ZBA # 14-70

Date: October 1, 2014

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

ZBA#l4-70: Application of Richard and Linda DelPonte  for variances from Zoning Code (Chapter43) of the Town of Orangetown Code, Section 3.12, R-15 District, (Average Density Applies: RG requirements),Columns 4 (Floor Area Ratio: .30

permitted, .33 proposed) and 12 (Building Height: 15′ 2 3/8″ permitted, 22′ proposed) for an addition to an existing single family residence. The premises are located at 1  Paul Court, Tappan, New York and is identified on the Orangetown Tax Map as Section

77.11, Block 2, Lot 42; in the R-15 zoning district.

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, October 1, 2014 at which time the Board made the determination hereinafter set forth.

 

Richard DelPonte, homeowner, appeared and testified. The following documents were presented:

1. Site plan.
2. Architectural plans dated March 28, 2014by Hess Architects.
3. Rockland County Department of Planning letter dated September 16, 2014.
4. Rockland County Department of Highways letter dated September 30, 2014.
5. County of Rockland Sewer District No. 1 Letter dated September 4, 2014.
6. Rockland County Department of Environmental Health letter dated August 25,

2014.

 

 

 

Ms. Castelli made a motion to open the Public Hearing which motion was seconded by

Ms. Salomon and carried unanimously.

 

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

 

 

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Mr. DelPonte testified that the project involved an addition above the existing garage and that the existing structure would remain the same. He stated that his mother-in-law will

be coming to live with his family. Mr. DelPonte specified that he already has a family of four and that the addition would provide much needed space for his children, including a recreational room and an additional bathroom. Mr. DelPonte stated that because the home does not have a basement; the addition above the garage is necessary. He confirmed the addition would not increase the height of the house rather; it will match the existing

height of the roof  He also clarified that the houses in his development are two different heights and although there are not many similar additions in the neighborhood, the addition would not change the character of the neighborhood.

 

 

 

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 ofNew 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 floor area ratio and building height variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties.

 

 

 

2. The requested floor area ratio and building height variances 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 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.

 

 

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DelPonte

ZBA#14-70

Page 3of4

 

 

 

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 and building height variances  are Approved  with the condition  of Applicant’s   compliance  with the comments  submitted  by Rockland  County  Planning  Department  letter dated September

16, 2014;  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 valiance  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             ~ NMOl

project, whichever is later, but in any event within two years of the filing of this gcetJljj)O.S)\l:!31

Merely obtaining a Building Permit with respect to construction or a Certificate of     .                                  ..          2   l~B  hl\11

Occupancy with respect to use does not constitute “substantial implementation” :fit&.lIde:!   Z ·      ·

purposes hereof.                                                                                                        ·-   -·  .-     N”‘~O ;10 NIAOl

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The foregoing resolution to approve the application for the requested floor area ratio and building height variances, with the condition of the applicant’s compliance with the comments submitted by the Rockland County Planning Department letter dated

September 16, 2014 was presented and moved by Ms. Salomon, seconded by Ms. Castelli and carried as follows: Mr. Feroldi, aye; Mr. Quinn, aye ; Mr. Sullivan was absent and Mr. Bosco abstained.

 

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: October 1, 2014

 

ZONING BOARD OF APPEALS TOWN OF ORANGETOWN

 

 

 

 

By   ~                      1/’1/)(~

EfuaethDCCOrt

Clerk-Typist

 

 

 

DISTRIBUTION:

 

APPLICANT

ZBA MEMBERS

SUPERVISOR

TOWN BOARD MEMBERS

TOWN ATIORNEY

DEPUTY TOWN ATTORNEY

OBZPAE

BUILDING INSPECTOR-R.A.0.

TOWN CLERK

HIGHWAY DEPARTMENT ASSESSOR

DEPT. ofENVIRONMENTAL

MGMT. and ENGINEERING

FILE,ZBA, PB

CHAIRMAN,  ZBA, PB, ACABOR

 

 

 

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DECISION

 

FRONT YARD VARIANCE APPROVED

 

To: John Atzl (Grace Tabernacle)

234 No. Main Street

New City, New York 10956

ZBA # 14-72

Date:  October I,2014

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

 

ZBA#14-72: Application of  Grace Tabernacle for variances from Chapter 43 (Zoning) of the Code of Town of Orangetown, CS District, Group FF, Columns 8 (Front Yard: 0’/12′ required, 9.9′. existing, 5′ proposed) for an extension to an existing building. The

premises are located at 617 Main Street, Sparkill, New York and are identified on the

Orangetown  Tax Map as Section 77.08, Block 5, Lot 41; CS zoning district.

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, October l, 2014 at which time the Board made the determination hereinafter set forth.

 

John Atzl, Land Surveyor and John Mathew, President, appeared and testified. The following documents were presented:

1. Site plan dated 01/29/2014 with the latest revision date of 08/26/2014 signed and sealed by John R. Atzl, Licensed Surveyor. (1 page)
2. Architectural plans dated 09/03/2014 from Todd Phillippi Architect.

 

Ms. Castelli, made a motion to open the Public Hearing which motion was seconded by

Mr. Quinn and carried unanimously.

 

On advice of  Dennis Michaels, Deputy Town Attorney, counsel to the Zoning Board of Appeals, Ms. Castelli moved for a Board determination that the foregoing application is a Type II action exempt from the State Environmental Quality Review Act (SEQRA), pursuant to SEQ RA Regulations §6.17 .5 (c) (7); which does not require SEQ RA environmental review. The motion was seconded by Ms. Salomon and carried as follows: Mr. Quinn, aye; Mr. Feroldi, aye. Mr. Sullivan was absent and Mr. Bosco abstained.

 

 

 

Jolm Atzl, Land Surveyor, testified that they were before the board in May of this year; at which time they were approved for front and side yard variances. Mr. Atzl explained that during the first appearance they were asked to dedicate a 8  Y2′ strip of land in the front yard to the Rockland County Highway Department. Since the time of their original appearance, the applicant came to an agreement with the Rockland County Highway Department to remove the dedication condition. Mr. Atzl stated that in order to comply with the New York State Fire Code, which states a building must have two means of egress; the applicant will have to make slight changes to the front of the building which will provide a covered entryway into the church. This stairwell will also require a change in the front yard setback. As such, Mr. Atzl explained they are before the board to ensure compliance with the regulations set forth.

 

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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

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  front yard variance  will not produce  an undesirable  change in the character  of the neighborhood   or a detriment  to nearby  properties.  The building  is currently  being repurposed  for a church  and the front yard is changing  to accommodate  a covered  area for entering  the church  in addition  to complying  with the New York  State Fire Code.

 

2. The requested front yard variance  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  front yard variance,  although  somewhat  substantial,  affords  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.

 

 

 

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Grace Tabernacle

ZBA#14-72

Page 3of4

 

 

 

 

 

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  front 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  perrnit 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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Grace Tabernacle

ZBA#14-72

Page 4 of 4

 

 

 

The foregoing resolution to approve the application for the requested front yard variance was presented and moved by Mr. Feroldi seconded by Ms. Salomon and carried as follows: Ms. Castelli, aye; Ms. Salomon, aye; Mr. Quinn, aye; and Mr. Feroldi, aye. Mr. Sullivan and Mr. Bosco 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: October 1, 2014

 

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~~-..cL~~J-L-t-~

Eliza eth Decort

Clerk-Typist

 

 

TOWN  CLERK

HIGHWAY DEPARTMENT

ASSESSOR

DEPT. of ENVIRONMENTAL

MGMT. and ENGINEERING

FILE,ZBA, PB

CHAIRMAN, ZBA, PB, ACABOR