Meeting Overview

MINUTES

ZONING  BOARD  OF APPEALS APRIL  15, 2015

 

 

 

MEMBERS  PRESENT:

DAN  SULLIVAN JOAN  SALOMON

LEONARD  FEROLDI,  ALTERNATE THOMAS  QUINN

MICHAEL  BOSCO

PA TRICIA  CASTELLI    ..

 

 

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

 

 

 

 

NEW  ITEM:   POLITIS	SIDE YARD, TOTAL	ZBA#15-29
17 5 Springsteen  A venue,	SIDE YARD AND BUILDING
Pearl River, NY 68.19 I 3 I 82; R-22 zone	HEIGHT VARIANCES APPROVED
TAPPAN SUSHI 205 Oak Tree Road,	SPECIAL PERMIT FOR OUTDOOR DINING GRANTED	ZBA#15-30
Tappan,NY
77.15 I 1  I 30.l; CO zone
DURSO 7 Mallory Lane, Tappan,NY	SIDE YARD AND REARYARD VARIANCES APPROVED	ZBA#15-31
74.18 I 1I14;  R-15 zone

 

 

 

 

3~1.:J.:JC)  S)IH31S NA\81

L~. ·,?! IJd    S .        ~Yid  SUIZ

 

NMOl3DNVMi .::l@   NM0l

 

 

 

Minutes

Page 2 of2

 

 

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  enviromnental   review  of actions  pursuant  to SEQRA Regulations§    617.6 (b)(3) the following  applications:    130

East  Central  Avenue  Internal Subdivision    plan 130 East Central Avenue,  Pearl River,,

NY;  68.20   1216;     CS zone; and FURTHER  RESOLVED,   to request   to be notified by the Planning  Board  of SEQ RA proceedings,   heatings,  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 8:30 P.M.

 

Dated: April   15,  2015

 

 

DISTRIBUTION: APPLICANT

TOWN ATTORNEY

DEPUTY  TOWN ATTORNEY TOWN BOARD MEMBERS

BUILDING    INSPECTOR   (Individual     Decisions)

Rockland   County   Planning

ZONING  BOARD  OF APPEALS

::~

Deborah  Arbolino,   Administrative   Aide

 

 

301.:!.:.!0   s:H:l31D    NMOl

 

!:l 2!   Wd    S     ~HlJ  5W2

 

N/A013~N\fhl0    .::JG   NMGl

 

DECISION

SPECIAL PERMIT  FOR OUTDOOR DINING APPROVED

 

To:   Jane Slavin (Tappan Sushi)

200 Erie Street East

Blauvelt, New York 10913

ZBA #15-30

Date: April 15, 2015

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

 

ZBA#15-30: Application of Tappan Sushi for a Special Permit  from Zoning Code (Chapter 43) of the Town of Orangetown Code, CO District, Section 3.11, Column 7 #1 refers to R-80 District, Column 7 #1  (All restaurant or food service facilities shall be within completely enclosed buildings unless by Special Permit of the Zoning Board of Appeals). The premises ( an existing restaurant) are located at 205 Oak Tree Road, Tappan, New York and are identified on the Orangetown Tax Map as Section 77.15, Block 1, Lot 30.1; in the CO zoning district.

 

 

 

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, April 15, 2015 at which time the Board made the determination hereinafter set forth.

 

Jane Slavin, Architect and Chin Ryong Kim appeared and testified. The following documents were presented:

1. Architectural drawing of existing restaurant seating inside and outside deck dated

3/30/2015 signed and sealed by Jane Christine Slavin (1 page).

2. Zoning board of Appeals Decision #08-97 dated November 5, 2008 which granted outdoor dining to previous restaurant.

 

 

 

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 seeks to construct or expand a primary or accessory/ 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

SEQ RA 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.

 

Jane Slavin testified that the applicant is proposing to use the 18′ x 49′ deck for outdoor dining; that the deck would accommodate a server area and 42 seats; that the deck is being proposed for the rear of the existing bar/restaurant; that the building has been a restaurant/bar for approximately 80 years; that the requirements of  Section 4.31 of the code regarding the granting of special permits can be met; that the deck will be appropriately located in the rear of the restaurant and will not affect transportation, water

supply, waste disposal, fire or police protection or other public facilities; that the granting of the special permit will not cause undo traffic congestion or create a traffic hazard; that the restaurant has more than enough parking; that the granting of the special permit will not create at any point of determination set forth is §§ 4.16. 4.17 or 4.18 any more dangerous and objectionable elements referred to in§ 4.11 ~Wlj~~W~~~~i’NM’e!le

uses expressly permitted as of right in the same district; that1ne grantuig of’the special

permit will not adversely affect the character of or propertyRtl~!   ifa8’1e §”ea~lftj.t!lfl2 applicant has five letters in support of the application from aootting neighbors; that plan shows the location of the deck; that the deck will not changwltl@Jla$Mt’gel ihJDie WM\~hat

 

 

ZBA#lS-30

Page 2 of  4

 

the applicant  has signed  a lease committing  to the hours of operation  for the proposed outdoor  dining stating that the outdoor  service  would  end at 10:00 P .M. and that there would be no live music  outside;  and that the applicant  is asking to use the deck from March to October.

 

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  the documents  presented,  the Board  found and concluded  that the benefits  to the applicant  if the Special permit is 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 Special Permit for Outdoor Dining would not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant has agreed to limit the outdoor dining to the hours of 11 :30 a.m. to 10:00 p.m.,  and use of the outdoor dining area would be limited to March through October.

 

 

 

2. The applicant has agreed that at no time would live or amplified music be played in the outdoor dining area.

 

3. The benefits sought cannot be achieved by other means feasible for the applicant other than by obtaining a Special Permit.

 

4. The requirements of Section 4.31 of the Zoning Code regarding the granting of Special Permits can be met; that the deck will be appropriately located in the rear of the restaurant and will not affect transportation, water supply, waste disposal, fire or police protection or other public facilities; that the granting of the Special Permit will not cause undo traffic congestion or create a traffic hazard; that the granting of the Special Permit will not create at any point of determination set forth is §§ 4.16. 4.17 or 4.18 any more dangerous and objectionable elements referred to in§ 4.11 than is characteristic of the uses expressly permitted as of right in the same district; that the granting of the Special Permit will not adversely affect the character of or property values in the area.

 

 

 

 

3-01:1.:10   S){H313 NM81

 

81.l  I tdd      S     ~Uld SIOZ

 

NM913SNVld@  :JO  NIM~!

 

 

ZBA#15-30

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  Special Permit for Outdoor Dining is APPROVED  with the following  SPECIFIC  CONDITIONS:   (1) The outdoor dining hours of operation  shall be 11 :30 a.m. to 10:00 p.m.; and only during   the months of March through  October;  (2) There  shall be no live or amplified   music, or disc jockey music, permitted  outside  the building;    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.

 

 

 

 

Tappan  Sushi Outdoor  Dining

ZBA#15-30

Page  4of   5

 

 

 

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.

 

 

 

3Sl:L~6S)nl310 NM01

 

81 al  Wd      S     AUlJ  5IOZ

 

Nlt\913~NVH©      :JO NMO!

 

 

ZBA#l5-30

Page  4 of  4

 

 

 

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

purposes  hereof.

 

 

 

The foregoing  Resolution  to approve  the application  for the requested   Special  Permit  for Outdoor  Dining,   with the Specific  Conditions   set forth on the previous  page,  was presented  and moved  by Mr.  Sullivan,   seconded  by Ms.  Castelli   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:   April  15,  2015

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

 

DISTRIBUTION:

 

APPLICANT ZBA MEMBERS SUPERVISOR

TOWN BOARD MEMBERS TOWN ATTORNEY

DEPUTY  TOWN ATTORNEY

OBZPAE

BUILDING  INSPECTOR-M.M.

By–14-:;A;,.L.lL…!.!’-lLML-=-tTL/—-,~

Deborah  Arbolino

Administrative   Aide

 

 

TOWN CLERK

HIGHWAY  DEPARTMENT

ASSESSOR

DEPT. of ENVIRONMENTAL MGMT. and ENGINEERING

FILE,ZBA,  PB

CHAIRMAN,   ZBA, PB,  ACABOR

 

 

 

3:’.>L-UO   S)ltl31::>    NMOl

 

8i  ZI LJd    S     MlJ   5102

 

NM©l30N’WCJ@    .:I©   NM01

 

DECISION

SIDE  YARD  AND REAR  YARD  VARIANCES    APPROVED

 

To:  John Durso

7 Mallory  Lane

Tappan,  New York  10983

ZBA #15-31

Date:  April  15, 2015

 

 

FROM:  ZONING  BOARD  OF APPEALS:  Town  of Orangetown

 

 

ZBA#15-31:  Application  of  John Durso for  variances  from Zoning  Code (Chapter 43)

of the Town  of Orangetown  Code,   R-15 District,  Section  3.12,  Columns  9 (Side Yard:

20′ required,  10′ proposed)  and from Section  5.227 (Rear Yard for pool: 20′ required,

12′ proposed)   for the installation  of an in-ground  pool at an existing  single-family residence.  The premises  are located  at 7 Mallory  Lane, Tappan  New York  and are identified  on the Orangetown  Tax Map as Section  74.18,  Block  1, Lot 14; in the R-15 zoning district.

 

 

 

 

Heard by the Zoning  Board of Appeals  of the Town  of Orangetown  at a meeting  held on Wednesday,  April  15, 2015 at which time the Board made the determination  hereinafter set forth.

 

John and Erika Durso appeared  and testified. The following  documents  were presented:

1. Copy of site plan dated February 1968 by Alfred  R. Vogt with the proposed  pool drawn in by hand. (1 page).
2. Four computer  print-outs  labeled  file 11013110  Imperial  Pools not dated or assigned  to a customer.

 

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 Durso testified  that they would like to install a built in pool on the right side of the house; that there  is a baseball  field behind  their house  and a large retaining  wall; that the house is on a comer  lot and the left side of the rear yard fronts on Lester Drive; that there is a condenser  on the right side of the house  for the air conditioning  but it is about 20′ away from the proposed  pool; that they have been in the house  for ten years and have

four children  ages 8,6,4 and 3 months;  and that the proposed  pool would be about 30 to

40 feet from the neighbors  house.

 

 

 

301.:J:H} S)fH310  NMO!

 

81 Zi  Wd     S     ABLl 510Z

 

NM013DNVH©  .:JO   NM01

 

 

 

 

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  side yard and rear yard variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant has a comer property with two front yards and this is the only location for a pool.

 

 

 

2. The requested side yard and rear yard variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The applicant has a comer property with two front yards and this is the only location for a pool.

 

 

 

3. The benefits sought by the applicant cannot be achieved by other means feasible for the applicant to pursue other than by obtaining variances. The applicant has a comer property with two front yards and this is the only location for a pool.

 

 

 

4. The requested side yard and rear yard variances, although somewhat substantial, afford benefits to the applicants 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.

 

 

 

3©1.:J.:10  S)l~313 N/MU

~t Z1 lJd   S      AHld  SlOZ

 

Nlt\Ql3~N’1MO  .:JO   NMOl

 

 

 

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

 

 

aeuse S)fH313  NM.01

 

Bill ·il  Wd     S     AULi 5IUZ

N/t\fi) J. 3 e NV hl G>   j 0  N.h\Q l

 

Durso

ZBA#15-31

Page  4 of  4

 

 

 

The foregoing  resolution  to approve  the application  for the requested  side yard and rear yard  variances   was presented  and moved by Ms.  Castelli,   seconded  by Ms.  Salomon and carried  as follows:   Mr. Bosco,  aye;  Mr. Sullivan,  aye;  Mr. Quinn,  aye ;Ms.  Castelli, aye;  and Ms. Salomon,   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:    April   15,  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.

Administrative   Aide

 

 

TOWN   CLERK

HIGHWAY   DEPARTMENT ASSESSOR

DEPT.  of ENVIRONMENTAL

MGMT.  and  ENGINEERING FILE,ZBA,     PB

CHAfRMAN,     ZBA,  PB,  ACABOR

 

 

301.:L:lO   S)lH310      NM®l

B]   ar LJd     s   ~BlJ  SI02

 

NM0130N’11:JO     .:10  NMOl

 

DECISION

SIDE  YARD,  TOTAL   SIDE  YARD  AND BUILDING   HEIGHT   VARIANCES APPROVED

 

To:    Michael  and Susan Politis

175 Springsteen  Avenue

Pearl River, New York  10965

ZBA #15-29

Date:  April  15, 2015

 

 

FROM:  ZONING  BOARD  OF APPEALS:  Town  of Orangetown

 

 

ZBA#l 5-29: Application  of  Michael  and Susan Politis  for  variances  from Zoning  Code (Chapter  43) of the Town  of Orangetown  Code,  R-22 District,  Section 3.12,  Columns  9 (Side Yard: 25′  required,  17′ proposed),   10 (Total  Side Yard:  60′ required,  45.6′ proposed)  12 (Building  Height:  12′ permitted,  17′ proposed)  for an addition  to an

existing  single-family  residence.  The premises  are located  at 17 5 Springsteen   Avenue, Pearl River, New York and are identified  on the Orangetown  Tax Map as Section  68.19, Block 3, Lot 82; 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  15, 2015 at which  time the Board made the determination  hereinafter set forth.

 

Michael  and Susan Politis  and Karl Ackermann,   Architect,  appeared  and testified. The following  documents  were presented:

1. Survey dated November  3, 2014 with the latest revision  date ofNovember   21,

2014 signed and sealed by William  E. James,  P.E., P.L.S ..

2. Architectural  plans dated  10/4/2014  with the latest revision  date of 3/4/2015 signed and sealed by Karl Ackermann,  Architect.
3. A letter dated April 7, 2015 from the County of Rockland  Department  of Planning signed by Douglas  J. Schuetz,  Acting  Commissioner   of Planning.
4. A letter dated April 8, 2015 from the County  of Rockland  Department  of

Highways  signed by Sonny Lin, P .E ..

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

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

6. A letter dated April 9, 2015 from Patricia Everett,  173 Springsteen  Avenue,  in support  of the application.  (this neighbor  is located  closest to the proposed addition)

 

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.

 

 

 

3f>l:l:!0 S)IH310 NM01

 

tll    ll  ldd    S    AUid   SlOZ

 

MA\i!33NV}d9 .:I&   NM’9!

 

Politis

ZBA#lS-29

Page 2 of  4

 

Karl Ackerman,  Architect,  testified  that the applicants  have lived in Pearl River for

25 years; that they put two children  through  school  and they need more space; that they are proposing  to add an attached  garage and a cabana room for the kids; that they have a camper that they would  like to keep in the garage; that the lot is large but narrow;  that there is a drainage  easement  that they need to avoid and this is the most reasonable  place to add on.

 

 

 

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.

 

 

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   side yard, total side yard and building  height   variances  will not produce  an undesirable  change in the character  of the neighborhood   or a detriment  to nearby properties.  There is no other area on the lot that would  accommodate  this proposal  and even if the proposed  garage was made  smaller  , the applicant  would  still require  a variance  because  of the shape of the lot.

 

 

 

2. The requested side yard, total side yard and building  height  variances   will not have an adverse  effect or impact  on the physical  or environmental   conditions  in the neighborhood  or district.  There is no other area on the lot that would accommodate this  proposal  and even if the proposed  garage was made smaller  , the applicant  would still require  a variance  because  of the shape of the lot.

 

3. The benefits  sought by the applicant  cannot be achieved  by other means  feasible  for the applicant  to pursue  other than by obtaining  variances.  There is no other area on the lot that would  accommodate  this proposal  and even if the proposed  garage was

made smaller , the applicant  would still require  a variance  because  of the shape of the lot.

 

 

4. The requested  side yard, total side yard and building  height  variances,  although somewhat  substantial,  afford benefits  to the applicant  that are not outweighed  by the detriment,  if any, to the health,  safety and welfare  of the surrounding  neighborhood  or nearby  community.

 

 

5. The applicant  purchased  the ~§J,2rf.9 s%ij~~l:@ li/Mdetown’s Zoning Code (Chapter

43) and is proposing a new acj~t~   ~Q/ol(Jmw;~”ews;9ts,so the alleged difficulty was self-created, which cons!$rll.Ub:H1QaresleOmM: iHflfte decision of the Board of

Appeals, but did not, by itsetttm~~Ntif!Asf              the area variances.

 

Politis

ZBA#l5-29

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   side yard, total side yard and building  height variances  are APPROVED;   and FURTHER  RESOLVED,  that such decision  and the vote thereon  shall become  effective  and be deemed  rendered  on the date of adoption  by the Board of the minutes  of which they are a part.

 

 

General  Conditions:

 

 

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

 

(ii) Any approval  of a variance  or Special Permit by the Board is limited to the specific variance  or Special Permit requested  but only to the extent  such approval  is granted

herein  and subject to those conditions,  if any, upon which such approval was conditioned

which are hereinbefore set forth.

 

 

 

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

 

 

 

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

obligated to issue any necessary permits where any such condition imposed should, in the

sole judgment of the building department, be first complied with as contemplated hereunder. Occupancy will not be made until, and unless, a Certificate of Occupancy is issued by the Office of Building, Zoning and Planning Administration and Enforcement which legally permits such occupancy.

 

 

 

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

 

3~1.:i.:10 S)n!310 NM81

 

Lt   Zi ldd    S    AUt.J SlDZ

 

N:h\013~NVMQ  di  NM!

 

Politis

ZBA#l5-29

Page  4 of  4

 

 

 

 

 

 

The foregoing  resolution  to approve  the application  for the requested  side yard,  total  side yard and building  height  variances   was presented  and moved by Mr. Quinn,  seconded  by Ms.  Salomon   and carried  as follows:  Mr. Bosco,  aye;  Mr. Sullivan,  aye;   Mr. Quinn,  aye: Ms. Castelli,  aye;  and Ms.  Salomon,   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:   April   15,  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.0.

 

By—-A.(…L..~Ja<.1.<‘..!….l.,.~.L.5″.l~ Deborah  Arbolino Administrative  Aide

 

 

TOWN  CLERK

HIGHWAY   DEPARTMENT ASSESSOR

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

CHAIRMAN,    ZBA, PB,  ACABOR