Meeting Overview

MINUTES

ZONING  BOARD  OF APPEALS APRIL  3, 2013

 

MEMBERS  PRESENT:

DANIEL  SULLIVAN JOAN  SALOMON PATRICIA  CASTELLI MICHAEL  BOSCO

LEONARD  FEROLDI,  ALTERNATE

 

 

ABSENT:                                            NANETTE  ALBANESE

 

 

 

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 NEWITEMs:

 

115 ROUTE  303 77.07 12 I l; LO zone	CONTINUED	ZBA#l3-21
SULLIVAN 64.20 I I I 6.2; R-40 zone	REARY ARD VARIANCE APPROVED	ZBA#13-22
FERMAINTT	CONTINUED FOR	ZBA#l3-23
77.0612 I 45; R-15 zone	DRAINAGE PLAN
FALLON	SIDE YARD VARIANCE	ZBA#13-24
70.14 I 3 I 54; R-15 zone	APPROVED

 

Minutes

Page 2

 

 

 

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  9:20 P.M.

 

Dated:   April  3, 2013

 

 

 

 

DISTRIBUTION:

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

Byk)~ Deborah Arbolino Administrative Aide

 

 

APPLICANT

TOWN ATTORNEY

DEPUTY TOWN ATTORNEY ASSESSOR

HIGHWAY DEPARTMENT

SUPERVISOR

TOWN BOARD MEMBERS

BUILDING INSPECTOR (Individual Decisions)

DEPT. ofENV!RONMENTAL MGMT. and ENGINEERING Rockland County Planning

 

 

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DECISION REAR  YARD  VARIANCE   APPROVED

 

 

 

To:  Michael  and Pauline  O’Sullivan

277 Sicldetown  Road

Orangeburg,  New York  10962

ZBA # 13-22

Date: April 3, 2013

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

ZBA#13-22: Application of Michael and Pauline O’Sullivan for a variance from Chapter

43 (Zoning) Town of Orangetown, Section 3 .12, R-40 District, Group E, Column 11 (Rear yard: 50′ required, 1 O’ proposed) for the installation of an in-ground pool at an existing single-family residence. The premises are located at 277 Sickletown Road, Orangeburg, New York and are identified on the Orangetown Tax Map as Section 64.20, Block 1, Lot 6.2; R-40 zoning district.

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, April 3, 2013 at which time the Board made the determination hereinafter set forth.

 

 

 

Michael and Pauline O’Sullivan and Mando Insignares,  Cool Pool, appeared and testified.

 

The following documents were presented:

 

1. Land survey dated 3/6/2006 signed and sealed by Robert Sorace, P.L.S. with the proposed pool drawn on the plan.
2. Three pages of pool plans dated 12/12/12 signed and sealed by John Petroccione, P.E.
3. A letter dated March 28, 2013 from the County of Rockland Department of

Planning signed by Thomas B. Vanderbeek, Commissioner of Planning.

4. A letter dated March 4, 2013 from the County of Rockland Department of Health signed by Scott McKane, P.E., Senior Public Health Engineer.
5. One letter in support of the application by the Paul Rowley.

 

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. Sullivan, aye; Ms. Salomon, aye; Mr. Feroldi, aye; and Mr. Bosco, aye. Ms. Castelli was absent for this hearing. Ms. Albanese was absent.

 

 

 

Michael O’Sullivan testified that they would like to install a pool in the backyard; that the house is hooked up to Orangetown sewers; that there are U.S. Army Corps. designated wetlands behind the house; that there is an existing patio in the rear of the house that they extended and do not want to disturb it; and that he has a letter of support from his

neighbor to the rear whose property is closest to the pool.

 

 

 

 

 

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ZBA#l3-22

Page 2 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. 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   rear yard variance  will not produce  an undesirable  change  in the character  of the neighborhood   or a detriment  to nearby properties.  The property

directly  behind the house is designated  wetlands  that cannot be developed,  because  of

this, the rear setback  exception  for the installation  of the pool will not affect anyone negatively.

 

2. The requested rear yard variance  will not have an adverse  effect or impact  on the physical  or environmental   conditions  in the neighborhood   or district.   The property directly behind the house is designated  wetlands  that cannot be developed,  because  of this, the rear setback  exception  for the installation  of the pool will not affect anyone negatively.

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3. The benefits  sought by the applicant  cannot be achieved  by other means  feas~e

the applicant  to pursue  other than by obtaining  variances.  The house is set ba~   on®.e property  and was built at an angle with the property  line, which  leaves a smal~ear,, yard.                                                                                                                               ~      :::3

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4. The requested  rear yard variance,  although  somewhat  substantial,  afford beneJVIS toEn

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 house is set back on the property  and was built  at an angle with the property  line, which  leaves  a small rear yard.

 

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.

 

 

ZBA#13-22

Page  3   of  4

 

 

 

 

 

 

I)ECISION:   In view of the foregoing  and the testimony  and documents  presented,  the Board: RESOLVED,  that the application  for the requested  rear yard variance  is APPROVED;   and FURTHER  RESOLVED,  that such decision  and the vote thereon  shall become  effective  and be deemed  rendered  on the date of adoption  by the Board  of the minutes  of which they are a part.

 

 

 

 

General  Conditions:

 

 

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

 

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

 

 

 

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

 

 

 

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

obligated to issue any necessary permits where any such condition imposed should, in the sole judgment of the building department, be first complied with as contemplated hereunder. Occupancy will not be made until, and unless, a Certificate of Occupancy is issued by the Office of Building, Zoning and Planning Administration and Enforcement which legally permits such occupancy.

 

 

 

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

 

 

 

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

 

 

 

The Administrative   Aide to the Board is hereby  authorized,  directed  and empowered  to sign this decision  and file a certified  copy thereof  in the office of the Town  Clerk.

 

DATED:   April 3, 2013

 

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

 

DlSTRIBUTION:

 

APPLICANT

ZBA  MEMBERS SUPERVISOR

TOWN BOARD MEMBERS TOWN ATTORNEY

DEPUTY TOWN ATTORNEY OBZPAE

BUILDING INSPECTOR-RAO.

0

Administrative   Aide

 

 

TOWN  CLERK

HlGI-!WAY DEPARTMENT ASSESSOR

DEPT. ofENVJRONMENTAL

MGMT. and ENGINEERING FILE,ZBA, PB

CHAIRMAN, ZBA, PB, ACABOR

 

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DECISION SIDE  YARD  VARIANCE   APPROVED

 

 

 

To:  Mike  and Maureen  Fallon

52 Hayes  Street

Blauvelt,  New York  10913

ZBA#   13-24

Date:  April  3, 2013

 

 

FROM:  ZONING  BOARD  OF APPEALS:  Town  of Orangetown

 

 

 

 

ZBA#l3-24:   Application  of Michael  and Maureen  Fallon  for a variance  from Chapter  43 (Zoning)  Town of Orangetown,   Section 3.12, R-15 District,  Group M, Column  9 (Side Yard; 20′  required,  15′ proposed)  for an addition  at an existing  single-family  residence. The premises  are located  at 52 Hayes  Street, Blauvelt,  New York  and are identified  on the  Orangetown  Tax Map as Section  70.14, Block 3, Lot 54; R-15 zoning  district.

 

Heard by the Zoning  Board  of Appeals  of the Town of Orangetown  at a meeting  held on Wednesday,   April 3, 2013 at which  time the Board  made the determination  hereinafter set forth.

 

 

 

Mike and Maureen  Fallon  appeared  and testified. The following  documents  were presented:

1. Survey  dated July 1, 1955 with the proposed  addition  drawn  on it.
2. Architectural  plans  dated January  31, 2013 signed  and sealed by harry  Goldstein, Architect.
3. Four letters  from abutting  property  owners  in support  of the application.

 

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. Sullivan,  aye; Ms. Salomon,  aye;  Mr. Fcroldi,  aye; Ms. Castelli,  aye; and Mr. Bosco, aye, Ms. Albanese  was absent.

 

 

 

 

 

Mike Fallon testified  that they would  like to extend  into the rear yard  18′ for a family room; that the property  is a corner lot with two front yards;  that they have a large extended  family;  that they have  owned the house  for thirteen  years; that there is a 1 O’ xlO’ shed in the rear yard and that they plan to stay in the house when they retire.

 

 

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ZBA#13-24

Page 2 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. 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 applicants’   lot is a comer  lot with two front yards and the addition  is proposed  in the rear of the house; which  is labeled  a side yard because  of the two front yards.

 

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.   Similar additions  have been constructed  in the neighborhood.

 

 

 

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 side yard variance  is not substantial.  The applicants’   lot is a comer  lot with two front yards and the addition  is proposed  in the rear of the house; which  is labeled  a side yard because  of the two front yards.

 

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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ZBA#l3-24

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 variance is APPROVED; and FURTHER RESOLVED, that such decision and the vote thereon shall become effective and be deemed rendered on the date of adoption by the Board of the minutes of which they are a part,

 

 

 

 

General Conditions:

 

 

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

 

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

 

 

 

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

 

 

 

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

obligated to issue any necessary permits where any such condition imposed should, in the sole judgment of the building department, be first complied with as contemplated hereunder. Occupancy will not be made until, and unless, a Certificate of Occupancy is issued by the Office of Building, Zoning and Planning Administration and Enforcement which legally permits such occupancy.

 

 

 

(v) Any foregoing variance or Special Permit will lapse if any contemplated construction of the project or any use for which the variance or Special Permit is granted is not substantially implemented within one year of the date of filing of this decision or that of a11y 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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ZBA#13-24

Page  4 of  4

 

 

 

 

 

 

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

 

 

The Administrative   Aide to the Board  is hereby  authorized,  directed  and empowered  to sign this decision  and file a certified  copy thereof  in the office of the Town Clerk.

 

DATED:   April  3, 2013

 

 

ZONING  BOARD  OF APPEALS

TOWN OF ORANGETOWN

 

 

 

DISTRIBUTION:

 

APPLICANT

ZBA  MEMBERS

SUPERVISOR

TO\.VN  BOARD MEMBERS TO\.VN  ATTORNEY

DEPUTY TOWN ATTORNEY OBZPAE

BUILDING INSPECTOR-R.A.O.

 

By~~~~’..LdL’–‘-“‘..-.J:-7″~

Deborah  Arbolino

Administrative   Aide

 

 

TOWN  CLERK

1-llGI-TWAY DEPARTMENT ASSESSOR

DEPT. ofENVlRONMENTAL MGMT. and ENGINEERING FlLE,ZBA, PB

CHAIRMAN, ZBA, PB, ACABOR

 

 

 

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