Meeting Overview

MINUTES

ZONING  BOARD  OF APPEALS APRILL  2015

 

 

MEMBERS  PRESENT:           DANSULLNAN JOAN  SALOMON

LEONARD  FEROLDI,  ALTERNATE THOMAS  QUINN

MICHAEL  BOSCO

 

 

ABSENT:                               PA TRICIA  CASTELLI MICHAEL  BOSCO

 

 

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

 

 

 

CONTINUED   ITEM:     ROCKLAND   CENTER  FOR	SIGN SIZE AND	ZBA#15-22
SPIRITUAL  LNING  SIGN	LOCATION  V ARIENCES
30 Old Tappan  Road,	APPROVED  FOR THREE  SIGNS
Tappan,NY 77.10 I 2 I 15; R-15 zone
NEW  ITEMS:
ULTIMATE  FITNESS  STUDIOS	PARKING  SPACE,  REAR YARD,	ZBA#lS-25
PARKING  VARIAN CE	VARIANCES  APPROVED
200  Mountainview  A venue,
Orangeburg,  NY 74.07 I 1   I 27; LI zone
JOANNOU	FLOOR  AREA  RATIO,  FRONT	ZBA#IS-26
29 Washington  Spring Road,	YARD,  SIDE YARD  AND TOTAL

 

Palisades,  NY

78.19  I 1  I 8; R-22 zone

SIDE YARD  VARIANCES   APPROVED

 

ROCKLAND  GAELIC  ATHLETIC ASSOCIATION   CLUBHOUSE

160 Old Orangeburg  Road, Orangeburg,  NY

SIDE YARD  VARIANCE APPROVED

ZBA#lS-27

 

73.12 I I I l; RPC-R  zone

 

BERSON

15 Lt. Crawford  Court, Blauvelt,  NY

69.16 I 3 I 1.5; R-40 zone

 

 

POSTPONED

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Minutes

Page 2 of2

 

 

 

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,  ai·e not transcribed.

 

There being no further business  to come before the Board,  on motion duly  made, seconded  and carried,  the meeting  was adjourned  at 10:30   P.M.

 

Dated:   April  1,  2015

 

 

 

DISTRIBUTION: APPLICANT

TOWN ATTORNEY

DEPUTY  TOWN ATTORi\JEY TOWN BOARD  MEMBERS

BUILDrNG    INSPECTOR   (Individual      Decisions) Rockland  County  Planning

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

 

Deborah  Arbolino,  Administrative   Aide

 

 

 

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DECISION

SIGN  SIZE  AND LOCATION(    TAPPAN   CEMETERY    SIGN:  7.5′  SETBACK, CHILDRENS                         ENRICHMENT     CENTER SIGN:  8.5′  SETBACK,   CENTER   FOR SPIRITUAL  LIVING SIGN: 8.5′ SETBACK) VARIANCES APPROVED

 

To:  Jennifer Berkeley

30 Old Tappan Road

Tappan, New York 10983

ZBA#15-22

Date: March 18, 2015

April 1, 2015

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

 

ZBA#15-22: Application of Rockland Center for Spiritual Living for variances from Zoning Code (Chapter 43) of the Town of Orangetown Code, Section 3.11, R-15 District refers to R-80 District, Group D, Column 5 #12 (one (1) sign not over 20 sq. ft. and located 25′ from property line permitted: 2 signs exist and third is proposed within 25′ from the property line: 35.6 total sq. ft. for all three signs) located at 30 Old Tappan Road, Tappan, New York and are identified on the Orangetown Tax Map as Section

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

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at meetings held on the following Wednesdays, March 18, 2015 and April 1, 2015 at which time the Board made the determination hereinafter set forth.

 

 

Janet Squilanti, Janice Shaheen, and Robin Foley appeared. The following documents were presented:

1. Sign plans by Foley Signs (2pages).
2. HABR Decisions #09-04 Children’s Enrichment Center and #08-05 Tappan

Cemetery, both for signs on the same property.

 

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

 

At the March 18, 2015 hearing and 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) (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. Feroldi, aye; and Mr. Sullivan, aye. Mr. Quinn and Mr. Bosco were absent.

 

 

 

At the March 18, 2015 meeting Janice Shaheen testified that they share space with the existing church and would like to put a sign up to give direction to their services and classes.

 

Robin Foley, Foley signs, testified that they no longer need the setback variance for the sign because they moved the proposed location to an existing berm on the property which is 25′ from the property line.

 

At this time the clerk stated that the Zoning Board was looking at different plans than the Historic had reviewed and asked the applicant to continue the items until everyone, including the Building Inspector were looking at the same plans.

 

April 1, 2015

 

The following documents were presented:

1. A copy of the survey of the property with the three signs drawnJO.JiJdO S)PJ310 NM61
2. Three computer generated pictures of the proposed sign, in its proposed location.
3. A computer generated picture of the sign and posts and small dSh> IfOrtWl’.l o$~dl:J  5102

 

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ZBA#lS-22

Page2  of  4

 

 

 

Janice  Shaheen  and Robin Foley,  Foley Sign appeared.

 

 

Janice  Shaheen  testified  that they appeared  before  the Historic  Board and were approved for the sign and when they came to the Zoning  Board at the last meeting  they realized

that the two Boards were reviewing  different  plans;  that they are back now with clear cut plans and the location  of all three signs; that the cemetery  sign is 7.5′  from the curb; that the Child care sign is 8.5′  from the curb and they are proposing  to place their sign 18.5′ from the curb.

 

 

 

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. 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  sign size and locations  variances  will not produce  an undesirable change  in the character  of the neighborhood  or a detriment  to nearby properties.  The property  is large and several  different  uses are taking  place on the property.  The signs are necessary   for the public  to identify  the occupants.

 

2. The Board is approving  the location  of the signs as follows:

(A) HABR#  08-05 Tappan  Cemetery  sign located  at 7 .5′ from the curb

(B) HABR#09-04  Children’s   Enrichment  Center  sign located  at 8.5′  from the curb.

(C) Center for Spiritual  Living  Sign located  at 18.5′  from the curb.

 

 

 

3. The requested sign size and location   variances   will not have an adverse  effect or impact on the physical  or environmental   conditions  in the neighborhood  or district.

.The property  is large and several different  uses are taking place on the property.  The signs are necessary   for the public to identify  the occupants.

 

4. The benefits  sought by the applicant  cannot be achieved  by other means  feasible  for the applicant  to pursue  other than by obtaining  variances ..  The property  is large and several different  uses are taking place on the property.  The signs are necessary   for

the public to identify  the occupants.

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5. The requested sign size and location variances, although somewhat subst2biaE ahJMd £2  Hd8   5102

benefits to the applicants that are not ou~eighe? by the detriment, if anyN~ 81~ e N 7 l1 o do NM O l

health, safety and welfare of the surroundmg neighborhood or nearby coinmunify.  .

 

Rockland Center for Spiritual Living Sign

ZBA#IS-22

Page 3   of 4

 

 

 

 

6. 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  sign size and location variances are APPROVED as follows: 35.6 total sq. ft. for all three signs to be located

(A)HABR# 08-05 Tappan Cemetery sign located at 7 .5′ from the curb; (B)HABR#09-04

Children’s Enrichment Center sign located at 8.5′ from the curb; and (C)Center for

Spiritual Living Sign located at 18.5′ from the curb; 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, whi~h~veris l~te~, but in ~ny e~ent within two years ~f the filing ~ft~~~!f<41&0Jl:PJ31~ NM(U

res

Merely obtammg a Building Penmt with respect to construction or a Certificate oT

Occupancy with respect to use does not constitute “substantial implementati’!(;    tlfB~    £ 2   HdH  SIOZ

purposes hereof

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ZBA#15-22

Page  4 of  4

 

 

 

The foregoing  resolution  to approve  the application  for the requested   sign  size  and location  variances  as follows:  35.6 total  sq.  ft. for all three signs  to be located  (A) HABR#  08-05   Tappan  Cemetery  sign  located  at 7.5′   from the curb;  (B )HABR#09-04

Children’s   Enrichment  Center sign located  at 8.5′  from the curb; and (C) Center for

Spiritual Living Sign located at 18.5′   from the curb; was presented and moved by Mr. Quinn, seconded by Mr. Sullivan   and carried as follows: Ms. Salomon, aye; Mr. Sullivan,  aye; Mr. Quinn,  aye; and Mr. Feroldi,  aye. Ms.  Castelli  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: April 1,   2015

 

 

ZONING BOARD OF APPEALS TOWN OF ORANGETOWN

 

 

 

DISTRIBUTION:

 

APPLICANT

ZBA   MEMBERS SUPERVISOR

TOWN  BOARD  MEMBERS TOWN  ATTORNEY

DEPUTY  TOVlN ATTOIU-.JEY

OBZPAE

BUILDING   INSPECTOR-RAO.

By~

Deborah Arbolino

Administrative Aide

 

 

TOWN   CLERK

HIGHWAY     DEPARTMENT ASSESSOR

DEPT.   of ENVIRONMENT    AL

MGMT.  and  ENGINEERJNG FILE,ZBA,     PB

CHAIRMAN,      ZBA,  PB,  ACABOR

 

 

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DECISION

PARKING   IN YARDS,  PARKING   SPACES   AND REAR  YARD  VARIANCES

APPROVED

 

To: Stephanie  Pinto (Ultimate  Fitness)

14 Woodlawn  Terrace

Orangeburg,  New York  10962

ZBA#15-25

Date:  April  1, 2015

 

 

FROM:  ZONING  BOARD  OF APPEALS:  Town of Orangetown

 

 

ZBA#l5-25:   Application  of  Ultimate  Fitness  Studios  Inc. for  variances  from Zoning

Code (Chapter  43) of the Town of Orangetown  Code,  Section 3.11, LI District   Column  7

#8 Parking  in yards requires  Board  approval;  refer to CS  District,  Column 6 #4 & #5 (100 parking spaces required, 77 parking spaces existing) and from LI District, Group QQ, column 11 (Rear Yard: 50′ required, 20′ proposed) for parking spaces at an existing commercial building, located at 20G Mountainview Avenue, Orangeburg, New York and are identified on the Orangetown Tax Map as Section 74.07, Block 1, Lot 27; in the LI zoning district.

 

 

 

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, April 1, 2015 at which time the Board made the determination hereinafter set forth.

 

Stephanie Pinto, Donald Brenner, Attorney, and Sarah Torrens appeared and testified. The following documents were presented:

1. Copy of site plan dated November 10, 2014 for BCH Realty, LLC. signed and

sealed by Steven Michael Sparaco, P.E. (1 page).

2. A computer drawing of the proposed space not to scale.
3. 3. Planning Board Decision #89-184 dated November 8,
4. Architecture and Community Appearance Board of Review Decision #85-77 dated October 17, 1985.
5. Planning Board Decision #90-143 dated November 28, 1990.
6. Zoning Board Decision #91-68 dated July 17, 1991.
7. A letter dated March 25, 2015 from the County of Rockland Department of

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

8. A letter dated March 30, 2015 from the County of Rockland Department of

Highways signed by Sonny Lin, P.E..

9. A letter dated March 11, 2015 from the County of Rockland Department of

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

 

 

 

Mr. Sullivan, Chairman, 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, 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) (7); which does not require SEQRA environmental review. The motion was seconded by Ms. Salomon and carried as follows: Mr. Quinn, aye; Ms. Salomon, aye; Mr. Feroldi, aye;  and Mr. Sullivan, aye. Mr. Bosco and Ms. Castelli were absent

 

 

 

Donald Brenner, attorney, testified that the owner of the strip mall also owns Del Arte Restaurant; that this business compliments his restaurant business bti~~ttl)ey~f!11>s NMO! operational at different hours and will not be competing for parking ~paces; that the

restaurant sometimes has fundraisers or large parties but that is usudD)’oS t}U~e~imll:l  sroz

evenings; and Ultimate Fitness will not be operating at the same time.

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Ultimate  Fitness  Studios  Inc. ZBA#lS-25

Page2  of  4

 

 

Stephanie  Pinto testified  that she starts her classes  at 5:30 A. M. and is usually busy until around 9:30 A.M.; that she usually  has between  3  and 8 people  at a time; that she also has classes between  4:30 and 6:30 P .M. during the week; that she does not have classes on Friday or Saturday  evenings;  that she does have  classes  early Saturday mornings  and she does not have any classes on Sunday.

 

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. 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  parking  in yards, parking  spaces  (77 requested  and 100 are required) and rear yard variances  will not produce  an undesirable  change in the character  of the neighborhood  or a detriment  to nearby properties.  The proposed  business  will not be in competition  for parking  with the existing businesses  in the shopping  center because the busiest hours for each business  differ.

 

 

 

2. The requested parking  in yards, parking  spaces  (77 requested  and 100 are required) and rear yard variances   will not have an adverse  effect or impact on the physical  or environmental  conditions  in the neighborhood  or district.  The proposed  business  will not be in competition  for parking  with the existing  businesses  in the shopping  center because  the busiest  hours for each business  differ.

 

 

 

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 parking in yards, parking spaces (77 requested and 100 are required) and rear yard variances, although somewhat substantial, afford benefits to the applicant that are not outweighed by the detriment, if any, to the health, safety and welfare of the surrounding neighborhood or nearby community.  The proposed business will not be in competition for parking with the existing businesses in the shopping center because the busiest hours for each business differ.

 

 

 

5. The applicant purchased the property subject to Orangetown’s Zoning~Jt:9~§~~~Jl0  NM61

43) and is proposing.a new a~ditio~ and/or improvements, so.t~e alle.Wfd d,iifipulty£.,  udlj   5102 was self-created, which consideration was relevant to the decision oflPla 130aM’Of      c  a Appeals, but did not, by itself, preclude the granting of the area varia1lfg013 ~NV~ 0 .:1 o  NMOl

 

Ultimate Fitness Studios Inc. ZBA#lS-25

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 parking in yards, parking spaces (77 requested and 100 are required) and rear yard 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

 

 

 

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Ultimate  Fitness  Studios Inc. ZBA#l5-25

Page  4 of  4

 

 

 

 

The foregoing  resolution  to approve  the application  for the requested  parking  in yards, parking  spaces  (77 requested  and 100  are required)  and rear yard  variances   was presented  and moved by Mr. Quinn,  seconded  by Ms.  Salomon   and carried as follows: Mr. Sullivan,  aye; Mr. Feroldi,  aye;   Mr.  Quinn,  aye; and Ms.  Salomon,   aye.  Mr. Bosco and Ms.  Castelli 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:    Aprill ,  2015

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

 

 

DISTRIBUTION:

 

APPLICANT

ZBA   MEMBERS SUPERVISOR

TOWN   BOARD  MEMBERS TOWN  ATTORNEY

DEPUTY    TOWN  ATTORNEY

OBZPAE

BUILDING    INSPECTOR-R.A.O.

Deborah  Arbolino

Administrative   Aide

 

 

TOWN   CLERK

HIGHWAY    DEPARTMENT ASSESSOR

DEPT.  of ENVIRONMENTAL

MGMT.  and  ENGTNEERING FILE,ZBA,     PB

CHAIRMAN,      ZBA,   PB,  ACAl30R

 

301.:l.:!O    S>lt!310     NMBl

 

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DECISION

FLOOR   AREA  RATIO,   FRONT   YARD,  SIDE  YARD  AND TOTAL   SIDE  YARD

VARIANCES APPROVED

 

To: Margaret Fowler (Joannou)

688 Piermont Avenue

Piermont, New York 10968

ZBA#lS-26

Date: April 1, 2015

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

 

ZBA#l5-26:Application of Carine Joannou for variances from Zoning Code (Chapter

43) of the Town of Orangetown Code, Section 3.12, R-22 District, Group I, Columns

4(Floor Area Ratio: .20 permitted, .26 proposed), 8 (Front Yard: 40′ required, 0.8′ existing no change) 9 (Side Yard: 25′ required, 4.6~(right)and 21.7{1eft)existing;

21.3′(left) proposed),  and 10 (Total Side Yard: 60′ required, 26.3′ existing, 25.9′

proposed) for an addition to an existing single-family residence. The premises are located at 29 Washington Spring Road, Palisades, New York and is identified on the

Orangetown Tax Map as Section 78.19, Block 1, Lot 8; in the R-22 zoning district.

 

 

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, April 1, 2015 at which time the Board made the determination hereinafter set forth.

 

Carine Joannou and Tom Skrable, P .E., appeared and testified. The following documents were presented:

1. Architectural plans dated December 12, 2014 (12 pages) labeled “Joannou

Residence” signed and sealed by Margaret L. Fowler, Architect.

 

Mr. Sullivan, Chairman, made a motion to open the Public Hearing which motion was seconded by Ms. Salomon 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. Salomon and carried as follows: Mr. Feroldi, aye; Ms. Salomon, aye; Mr. Sullivan, aye; and Mr. Quinn, aye, Mr. Bosco and Ms. Castelli were absent.

 

 

 

 

Carine Joannou testified that her mother is 87 years old; that she recently broke her hip and can no longer do stairs; that the two bedrooms in the house are up a steep set of stairs; that the proposal before the Board is to create a space for her mom; that Meg did

the pool house two years ago and it is a replica of the existing house and compliments the house beautifully; that this house was built in 1860 and was the Laundry for the Ding Dong House; that the house never had a proper dining room and they are proposing to make the existing kitchen into the dining area and to add a new kitchen that her mom can easily access from her new bedroom.

 

Tom Skrable testified that the front yard, side yard and total side yard are pre-existing non-conforming conditions; that the only new variance is for the additional floor area ratio; that the existing house is only 18′ wide and would be impossible to make it

handicap accessible; that the proposed addition is built to adapt to tlJM!f!m:}~:,)\~Dl NM81

not change any of the river views for the neighbors; and that there was a typo for the front

yard variance it should be 0.8′ and not 8′.                                         Sh   6 ,          W\:!     £2 Hdl:J  SlOZ

 

,NM013LJNVt.10  ~O NMOl

 

Joannou

ZBA#IS-26

Page2  of  4

 

 

 

Public  Comment:

 

 

No public  comment.

 

 

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

 

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

Municipal  Law of New York was received.

 

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, front yard, side yard and total side yard variances  will not produce  an undesirable  change in the character  of the neighborhood  or a detriment  to nearby properties.  The proposed  addition  will make the house handicap accessible  for Carine Joannou’s   87 year old mother  and will not impede  any river views for neighbors.

 

 

 

2. The requested  floor area ratio,  front yard, side yard and total side yard  variances

will not have an adverse  effect or impact  on the physical  or environmental  conditions in the neighborhood  or district.  The proposed  addition  will make the house handicap accessible  for Carine Joannou’s   87 year old mother  and will not impede  any river views for neighbors.

 

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, front yard, side yard and total side yard variances,  although somewhat  substantial,  afford benefits  to the applicant  that are not outweighed  by the detriment,  if any, to the health,  safety and welfare  of the surrounding  neighborhood  or nearby  community.    The proposed  addition  will make the house handicap  accessible for Carine Joannou’s   87 year old mother  and will not impede  any river views  for neighbors.

 

 

 

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.

 

 

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Joannou

ZBA#l5-26

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 floor area ratio, front yard, side yard and total side yard 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.

 

 

 

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Joannou

ZBA#l5-26

Page 4 of  4

 

 

 

The foregoing resolution to approve the application for the requested floor  area ratio, front yard,  side  yard  and total  side  yard variances  was presented and moved by Ms. Salomon,  seconded  by Mr. Feroldi  and carried as follows:   Mr. Sullivan,  aye;  Mr. Feroldi, aye;   Mr. Quinn,  aye; and Ms. Salomon,  aye.  Ms.  Castelli  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 Cleric

 

DATED:    April  1,   2015

 

ZONING  BOARD OF APPEALS TOWN OF ORANGETOWN

 

 

 

DISTIUBUTION:

 

APPLICANT

ZBA  MEMBERS SUPERVISOR

TOWN BOARD   MEMBERS TOWN ATTORNEY

DEPUTY  TOWN ATTORNEY OBZPAE

BUILDING     INSPECTOR-M.M.

By>,£–44..£_-=—<!._C_-=–“”‘=-+c.~ Deborah Arbolino

Administrative  Aide

 

 

TOWN CLERK

HIGHWAY    DEPARTMENT

ASSESSOR

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

CHAIRMAN,     ZBA, PB,  ACABOR

 

301.:UO   S:.!”!:1310   NMCJl

 

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DECISION

SIDE  YARD  VARIANCE   APPROVED    WITH   SPECIFIC  CONDITIONS

 

To:   Mike Healy (Rockland Gaelic)

40 West Lewis Avenue

Peal River, New York 10965

ZBA#15-27

Date: April 1, 2015

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

 

 

ZBA#15- 27: Application of Rockland Gaelic Athletic Association Clubhouse Site Plan for variances from the Orangetown Zoning Code (Chapter 43) of the Town of Orangetown Code, Section 3.12, RPC-R District, Column 8 (Side Yard: 20′ plus the equivalent height of the wall of the adjacent building in order to ensure appropriate Fire Department safety requirements: subject to Fire Department approval: 9.31′ proposed) for a proposed clubhouse building. The premises shall be located at 160 Old Orangeburg Road, Orangeburg, New York and are identified on the Orangetown Tax Map as Section

73.12, Block 1, Lot l; in the RPC-R and R-80 zoning districts.

 

 

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, April 1, 2015 at which time the Board made the determination hereinafter set forth.

 

Jesse Cokeley, Maser Consulting, Mike Healy, and Paul Rowley, appeared and testified. The following documents were presented:

1. Site plan dated June 21, 2014 with the latest revision date of January 17, 2015 (2 pages) signed and sealed by Jesse Barret Cokeley, P.E..
2. Architectural plans labeled GAA Rockland Clubhouse dated October 16, 2014 signed and sealed by Paul Osmolskis, Architect. (4 pages)
3. A cover letter dated February 19, 2015 from Jesse B. Cokeley, P.E., Maser

Consulting P.A.

4. A memorandum dated February 11,2015 from John Giardiello,P.E., Director,

Office of Building, Zoning and Planning  Administration and Enforcement, Town of Orangetown.

5. A letter dated March 25, 2015 from the County ofRockland Department of

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

6. A letter dated March 30, 2015 from the County of Rockland Department of

Highways signed by Sonny Lin, P.E ..

7. A memorandum dated April 1, 2015 from Michael B. Bettmann, Chief Fire

Inspector, Town of Orangetown.

 

Mr. Sullivan, Chairman, 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, 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 September 10, 2014, 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

req~ire further SEQRA review pursuant to sEqRA Regulation§ 617,6 ~g~3 ~eS~HJ310 NM~!

z

motion was seconded by Ms. Salomon and earned as follows: Mr. Feroldt, ayef Mr.

Quinn, aye; Ms. Salomon, aye; and Mr. Sullivan, aye. Mr. Bosco and Mt3Iraf1elf3~e1t     Hdtl   SlOZ

absent.                                                                                                                 .

NM013nNVUO  :!O NMO!

 

 

 

 

Rockland  Gaelic Athletic  Association

ZBA#15-27

Page 2 of  4

 

 

Jesse Cokeley,  Engineer,  testified  that the application  was before the Planning  Board and received  approval  with the condition  that they get the necessary  side yard variance  from the Zoning board;  that the building  is placed back this far so that the emergency  access to the front of the building  will not get blocked  in any way; that they located building  here because  it makes  the most sense because  of the existing station fencing; that it fits here without  replacing  or cutting into the fencing which

would be very expensive;  that the setback  sounds worse than it really is because  there is still about 70 feet to the edge of the parking  lot after the property  line ;  and that

they will address  all of the concerns  of the Fire Inspector.

 

 

Paul Rowley testified  that the Gaelic Athletic  Association  is a non for profit association  that has existed  since  1972, when the founders  took mortgages  on their own homes  to purchase  the property;  that they are proposing  the pavilion  for several reasons,  it will be a gathering  area for the players  and their families  and it will provide  a safe haven  for the over 300 players  in case of bad weather  during  a game; that the kids could gather under the pavilion  during  a storm.

 

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. 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  side yard variance  will not produce  an undesirable  change in the character  of the neighborhood   or a detriment  to nearby properties.  The applicant  has agreed to meet all of the requests  from the Orangetown  Fire Inspector:  (a) Install an access gate so emergency  vehicles  can drive on the gravel in front of (south side) the clubhouse,  (b) stabilize  the gravel road up to the end (west side ) of the clubhouse,  for up to 75,000 lbs. and (c) in the event of  the state cutting off  the supply to the nearest fire hydrant,  the Fire Inspector  would like a letter stating the GAA would provide  a new United  Water fire hydrant,  connected  to the Orangeburg  Road main in the same

or close to the present  location.

 

 

 

 

 

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Rockland  Gaelic Athletic  Association

ZBA#lS-27

Page  3   of  4

 

 

 

2. The requested  side yard variance  will not have an adverse  effect or impact  on the physical  or environmental   conditions  in the neighborhood  or district.  Emergency access to the building  is still provided  because  the applicant  has agreed to meet all of the requirements  of the Orangetown  Fire Inspector:  (a) Install an access gate so emergency  vehicles  can drive on the gravel in front of (south side) the clubhouse,  (b) stabilize  the gravel road up to the end (west side) of the clubhouse,  for up to 75,000 lbs. and ( c) in the event of  the state cutting  off  the supply to the nearest fire hydrant, the Fire Inspector  would like a letter stating the GAA would provide  a new United Water fire hydrant,  connected  to the Orangeburg  Road main in the same or close to the present  location.

 

3. The benefits  sought by the applicant  cannot be achieved  by other means feasible  for the applicant  to pursue  other than by obtaining  variances.  Emergency  access to the building  is still provided  because  the applicant  has agreed to meet all of the requirements  of the Orangetown  Fire Inspector:  (a) Install an access gate so emergency  vehicles  can drive on the gravel in front of (south side) the clubhouse,  (b) stabilize  the gravel road up to the end (west side) of the clubhouse,  for up to 75,000 lbs. and ( c) in the event of  the state cutting  off  the supply to the nearest  fire hydrant, the Fire Inspector  would like a letter stating the GAA would provide  a new United Water fire hydrant,  connected  to the Orangeburg  Road main in the same or close to the present  location.

 

 

 

 

4. The requested  side 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.

 

 

 

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  side yard variance  is APPROVED  with these  Specific  Conditions:  the applicant  shall (a) Install an access gate so emergency  vehicles  can drive on the gravel in front of (south side) the clubhouse,  (b) stabilize  the gravel road up to the end (west side) of the clubhouse,  for up to 75,000 lbs. and ( c) in the event of  the state cutting off  the supply to the nearest  fire hydrant,  the Fire Inspector  would like a letter stating the GAA would provide  a new United Water fire hydrant,  connected  to the Orangeburg  Road main in the same or close to the present location;   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 ~-Ml~Qifid-l H 310 NM0! vari~nce or Sp~cial Permit requ~s~edb~t only to the ex~entsuch approval iscSr_ante?1.iU     £Z Hdl:J  5102 herein and subject to those conditions, if any, upon which such approval wa~’CortchttBkied

which are hereinbefore set forth.                                                                    NM013SNVUO  _jQ NMO!

 

 

Rockland  Gaelic Athletic  Association

ZBA#15-27

Page  4 of  4

 

 

 

 

 

 

(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   Pe1111it 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  side  yard variance, with the specific  conditions  set forth on the previous  page,  is  presented  and moved by Mr.  Feroldi,   seconded  by Ms.  Salomon   and carried  as follows:   Mr. Sullivan,  aye; Mr. Feroldi,  aye;   Mr. Quinn,  aye;  and Ms. Salomon,  aye. Mr. Bosco and Ms.  Castelli  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:    April  1,   2015

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

 

By~~’l-,L…£.LJ.4~…!.<::….,{….,.LJLY

Deborah  Arbolino

DISTRIBUTION:   APPLICANT     TOWN CLERK         381.:UO  §>!~310    NM©l   6h   6  Wl:l      £2 HdH   ~102 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 BUILDfNG lNSPECTOR-R.O.         NM013~NVCJO      .J@     NhHH

Administrative   Aide