Meeting Overview

MINUTES

ZONING BOARD OF APPEALS MAY 6, 2015

 

 

MEMBERS PRESENT:        DAN SULLIVAN JOAN SALOMON

LEONARD FEROLDI, ALTERNATE THOMAS QUINN

MICHAEL BOSCO

PATRICIA CASTELLI ( arrived late present for last two hearings)

 

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:

 

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SHORT

69.18 I 4 I 30; R-15 zone

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UNDERSIZED LOT, SIDE YARD,             ZBA#l 5-32

BUILDING HEIGHT, FRONT YARD AND FLOOR AREA RA TIO VARIANCES

 

 

GREENSTARRESTAURANT 68.12 I 5 I 27; CC zone	SPECIAL PERMIT FOR OUTDOOR DINING	ZBA#l5-33
	GRANTED WITH SPECIFIC
	CONDITIONS
SKAE TRAINING CENTER	ACCESSORY STRUCTURE	ZBA#l5-34
STORAGE SHED	VARIANCE GRANTED
76.08 I 1  I 3  & 4; LIO zone
SKAE TRAINING CENTER	FRONT YARD FENCE AND	ZBA#lS-35
WIND SCREEN & SIGN	SIGN VARIANCE APPROVED
76.08 I 1  I 3  & 4; LIO zone
ORGANIC RECYCLING	PERFORMANCE STANDARD	ZBA#15-36
PERFORMANCE STANDARDS	CONFORMANCE APPROVED
74.19 I 1I3;  LI zone
LSI SERVICES PERFORMANCE STANDARDS 76.08 I 1I1;  LIO zone	PERFORMANCE  STANDARD REVIEW NOT REQUIRED	ZBA#lS-37

 

 

 

 

Minutes

Page 2of2

 

 

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:

Skae  Palisades  Internal  Commercial  Subdivision  plan,  348  Route  9W,  Palisades,   NY;

78.09 I 1  I 26 & 27;  R-80 zone; Shaw Site Plan, 111     Route 9W, Upper Grandview, NY

71.05  I 2 I 20; R-22 zone; One Ramland Road Internal Subdivision Plan,  1  Ramland

Road,  Orangeburg, NY, 73.20 I 1124;   LIO zone;  Celtic Sheet Metal  Site Plan, 1

Corporate Drive, Orangeburg, NY 73.20 I 1I32;   LIO zone; and FURTHER RESOLVED, to request to be notified by the Planning Board of SEQRA proceedings, hearings, and determinations   with respect to these matters.

 

 

 

THE DECISIONS RELATED TO THE ABOVE HEARINGS are inserted herein and made part of these minutes.

 

 

The verbatim minutes, as recorded by the Board’s  official stenographer for the above hearings, are not transcribed.

 

 

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

 

Dated: May 6, 2015

 

ZONING BOARD OF APPEALS TOWN OF ORANGETOWN

 

 

 

By’~~

 

 

DISTRIBUTION: APPLICANT

TOWN ATTORNEY

DEPUTY  TOWN ATTORNEY TOWN BOARD MEMBERS

BUILDING INSPECTOR    (Individual     Decisions) Rockland  County Planning

Deborah Arbolino, Administrative Aide

 

 

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DECISION

UNDERSIZED LOT APPLIES:  SIDE YARD, BUILDING HEIGHT,  FLOOR AREA RATIO AND FRONT YARD, VARIANCES APPROVED

 

To: Bryan  Short

131 South Naurashaun     Avenue

Pearl River, New York  10965

ZBA#15-32

Date:  May 6, 2015

 

 

FROM:  ZONING  BOARD  OF APPEALS:  Town  of Orangetown

 

 

ZBA#l 5-32: Application  of  Bryan  Short  for  variances  from Zoning  Code (Chapter  43) of the Town  of Orangetown  Code,   R-15 District,  Section  5.21  (c) (undersized  lot applies:  Side Yard:  12′ required,  8.2′  existing  and proposed),  Section  5.21 (e) undersized lot: building  height:  20′  permitted,  33′ proposed)  and from Section  3.12, Group M, Column  4 (Floor Area Ratio:  .20 permitted,  .28 existing,  .33 proposed),  and  8 (Front Yard: 30′  required,   26 ~,existing  & proposed)  for an addition  to an existing  single• family residence.  The premises  are located  at 131 South Nauraushaun  Avenue,  Pearl

River, New York  and are identified  on the Orangetown  Tax Map as Section  69.18,  Block

4, Lot 30; in the R-15 zoning  district.

 

 

 

 

Heard by the Zoning  Board of Appeals  of the Town  of Orangetown  at a meeting  held on Wednesday,  May 6, 2015 at which time the Board made the determination  hereinafter  set forth.

 

Bryan   and Renee  Short appeared  and testified. The following  documents  were presented:

1. Plot plan based  on survey by W. Yuda, P.E.  dated March  2, 1955 (1 page)  signed

and sealed by Dennis  M. Letson, P.E. dated March  20, 2015.

2. Architectural  drawings  dated March  20, 2015 signed and sealed by Dennis M.

Letson, P .E .. ( 2 pages)

3. ZBA Decision  dated 01/05/1972  #72-05.
4. A letter dated  April 27, 2015 from the County  of Rockland  Department  of

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

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

Highways  signed by Sonny  Lin, 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) (9), (10), (12) and/or  (13); which  does n~       S      ;;;J

require  SEQRA  environmental   review.  The motion  was seconded  by Ms. Salomon  ani:I    ~     ~

carried as follows:   Mr. F eroldi, aye; Ms. Salomon,  aye; Mr. Bosco,  aye; Mr. Quinn~ye;Eg        a

and Mr. Sullivan,  aye. Ms. Castelli  was absent for this hearing.                                     r-      t-o      .,,

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(!/)          -0        :z:: Renee Short testified  that the garage  is existing  in place and they would like to remoee     ::3      °

the existing  roof and add a second  story; that the addition  would  give them a master:!!     N    ;              C:

bedroom  and bathroom;  that they would  side the entire house to match  and that the ~      PQ    ~                 :e

assessor  has them calculated  at more  square  footage  than the appraisal  that they just had en      :z

done on the house;  that the garage  was added on to the structure  in the 70’s  and the engineer  said that it would  accommodate   a second  story with an additional  girder; and that many of the surrounding  houses  in the neighborhood   have done similar  additions.

 

 

ZBA#lS-32

Page2of   4

 

 

 

Bryan  Short stated that they have  lived in the house  for eight years and purchased  it five years ago; that the addition  requires  no excavation  and they need the additional  bedroom because  their five and six year old daughter  and son are presently  sharing  a bedroom.

 

 

 

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 floor area ratio, front yard, side yard and building height variances will not produce an undesirable change in the character of the neighborhood or a

detriment to nearby properties. The proposed addition is a second floor over an existing garage and is not changing the existing footprint. Similar additions have been constructed in the neighborhood.

 

 

 

2. The requested floor area ratio, front yard, 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. The proposed addition is a second floor over an existing garage and is not changing the existing footprint. 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 floor area ratio, front yard, side yard and building height variances, s  ~ although somewhat substantial, afford benefits to the applicant that are not       ~     ~      :e outweighed by the detriment, if any, to the health, safety and welfare of the      z      :g   ~ surrounding neighborhood or nearby community.  The proposed addition is a ~on~         ,,

floor over an existing garage and is not changing the existing footprint. Simil~        c.o     ~ additions have been constructed in the neighborhood.                                        ~     -o     ~ e          :3      C:>

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5. The applicant purchased the property subject to Orangetown’s Zoning Code ((Slpte&.): ~   43) and is proposing a new addition and/or improvements, so the alleged difficulty C1″I :z   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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Short

ZBA#lS-32

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 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.

 

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ZBA#l5-32

Page  4 of  4

 

 

 

The foregoing  resolution   to approve  the application  for the requested  floor area ratio, front yard, 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. Feroldi, aye;  Mr. Quinn,   aye;  Mr. Sullivan,   aye;  and Ms.  Salomon,  aye.  Ms.  Castelli was absent for this application.

 

 

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:    May 6,  2015

 

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

DISTRIBUTION:

 

APPLICANT

ZBA MEMBERS SUPERVISOR

TOWN BOARD MEMBERS TOWN ATTORNEY

DEPUTY   TOWN ATTORNEY OBZPAE

BUILDING    INSPECTOR-G.M.

B~

Deborah  Arbolino

Administrative  Aide

 

 

TOWN  CLERK

HIGHWAY    DEPARTMENT ASSESSOR

DEPT. of ENVIRONMENTAL MGMT.  and ENGINEERING

Fl LE,ZBA,   PB

CHAIRMAN,     ZBA, PB,  ACABOR

 

 

 

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DECISION

SPECIAL   PERMIT   FOR  OUTDOOR   DINING   APPROVED    WITH  SPECIFIC CONDITIONS

 

To:   Franquil  Zotamba-Molina     (Greenstar)

163 North  Middletown  Road

Pearl River, New York  10965

ZBA#IS-33

Date:  May 6, 2015

 

 

FROM:  ZONING  BOARD  OF APPEALS:  Town  of Orangetown

 

 

ZBA#lS-33:   Application  of  Greenstar  Restaurant   for a Special Permit   from Zoning Code (Chapter  43) of the Town  of Orangetown  Code,  CC District  refers to CS District, Section 3.11, 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), for an existing  restaurant.   The premises  are located  at 163 North  Middletown  Road,

Pearl River, New York and are identified  on the Orangetown  Tax Map as Section 68.12, Block 5, Lot 27; in the CC zoning  district.

 

 

Heard by the Zoning  Board  of Appeals  of the Town  of Orangetown  at a meeting held on Wednesday,  May 6, 2015 at which  time the Board made the determination  hereinafter  set forth.

 

Franqui!  Zotamba-Molina   appeared  and testified. The following  documents  were presented:

1. Three pages  of drawings  showing  the seating  inside and outside  of the restaurant, the front elevation  and the street diagram.

 

 

 

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 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. Salomon  and carried  as

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

 

Franqui!  Zotamba  testified  that the patio exists; that he opened  the restaurant  in August last year; that he would like to place six tables  on the patio because  some people  like to eat outside  in the nice weather;   that the patio is approximately   30′  long and 9′ wide; that the restaurant  is open from 7 A.M. until 9 P .M. during the week and until  10 P .M. on Friday and Saturday;  that the requirements   of  Section  4.31 of the code regarding  the granting  of special permits  can be met. The Board  discussed  the code requirements:   that the patio is 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 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; that the existing patio will not change the                   3″.:1.:1©  S~}J313 NM81

 

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Greenstar  Restaurant  Outdoor  Dining

ZBA#IS-33

Page2  of  4

 

 

drainage  in the area. 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. Salomon 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 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 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 outside.

 

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. The patio 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; the granting of the Special Permit will not cause undo traffic congestion or create a traffic hazard; the granting of the Special Permit will not create at any point of determination set forth In Zoning Code§§ 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; the granting of the Special Permit will not adversely affect the character of or property values in the area.

 

 

 

 

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Greenstar Restaurant Outdoor Dining

ZBA#lS-33

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 9:00 p.m. (Sunday through Thursday) and until 10:00 P .M. on Friday and Saturday evenings; for the months of March through October; (2) There shall be no live or amplified music, at anytime permitted outside; 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.

 

 

 

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ZBA#15-33

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 Pe1111it  for outdoor  dining with the following  SPECIFIC  CONDITIONS:   (1)  The outdoor  dining hours  of operation  shall be 11   :30  a.m.  to 9:00  p.m.  (Sunday  through  Thursday)  and until

10:00  P.M.  on Friday  and Saturday  evenings;   for the months  of March through October;

(2) There  shall be no live or amplified   music,  at anytime  permitted  outside;  was presented and moved  by Mr. Sullivan,  seconded  by Ms.  Salomon   and carried as follows: Mr. Bosco,  aye; Mr. Quinn,  aye; Mr.  Feroldi,  aye;  Ms.  Salomon,  aye;  and Mr. Sullivan, aye. Ms.  Castelli  was absent for this hearing.

 

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:   May 6,  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~;..q,..e~~~,,.L-1:-,,,..c.:J./ Deborah  Arbolino Administrative   Aide

 

 

TOWN   CLERK

HIGHWAY    DEPARTMENT ASSESSOR

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

CHAIRMAN,     ZBA, PB,  ACABOR

 

 

 

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DECISION

• 5.153 ACCESSORY STRUCTURE VARIANCE APPROVED

 

To:  Donald Brenner (Skae Training Center)

4 Independence Avenue

Tappan, New Yark 10983

ZBA#lS-34

Date:  May 6, 2015

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

 

 

 

ZBA#15-34: Application of  Skae Training Center for variances from Zoning Code (Chapter 43) of the Town of Orangetown Code, LIO District, Section 5.153 (Accessory Structure shall not be closer than 15′ to principal building: 4′ is proposed) for the installation of an accessory storage shed at an existing commercial use. The premises are located at 337-330 Blaisdell Road, Orangeburg, New York and are identified on the Orangetown Tax Map as Section 76.08, Block 1, Lot 3 & 4; in the LIO zoning district.

 

 

 

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, May 6, 2015 at which time the Board made the determination hereinafter set forth.

 

Donald  Brenner,  Attorney,  Sara  Torrens,  Attorney,  and  Peter  Skae  appeared  and testified.

 

The following documents were presented:

 

1. Copy of site plan dated September 12, 2014 with the latest revision date of

3/2/2015 labeled “Final As built for Skae Training (1 page).

2. Versa Tube Building System (4 pages) dated 3/4/2015 signed and sealed by

Stephen Phillip Maslan, P.E.

3. A letter dated April 15, 2015 from the County of Rockland Department of

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

4. A letter dated May 5, 2015 from the County of Rockland Department of

Highways signed by Sonny Lin, 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 does not seek to construct or expand a primary or accessory or appurtenant non• residential structure or facility involving less than 4,000 square feet of gross floor area, and not involving a change in zoning or a use variance and consistent with local land use controls, this application is exempt from the State Environmental Quality Review Act (SEQRA), pursuant to SEQRA Regulations §617.5 (c) (7); which does not require SEQRA environmental review. The motion was seconded by Ms. Salomon and carried as follows: Mr. Feroldi, aye; Ms. Salomon, aye; Mr. Bosco, aye; Mr. Quinn, aye; and Mr. Sullivan, aye. Ms. Castelli was absent for this hearing.

 

 

 

 

 

Peter Skae testified that the outdoor storage area was always shown on the site plan; that the building inspector said he needed a variance because the storage area has a roof over it; that the storage shed is not actually a shed, it has a roof and is open on both ends; and that they need it to house the outdoor w_ork out eg1:1.h!.ment.

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Skae Training  Center

ZBA#lS-34

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 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§  5.153 accessory structure variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Placing the workout equipment, such as large tires, in a covered storage shed improves the look of the property when the equipment is not in use, rather than piling it up outside.

 

 

 

2. The requested § 5.153 accessory structure variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Placing the workout equipment, such as large tires, in a covered storage shed improves the look of the property when the equipment is not in use, rather than piling it up outside.

 

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 § 5 .153 accessory structure variance, although somewhat substantial, affords benefits to the applicant that are not outweighed by the detriment, if any, to

the health, safety and welfare of the surrounding neighborhood or nearby community.

Placing the workout equipment, such as large tires, in a covered storage shed improves the look of the property when the equipment is not in use, rather than piling it up outside.

 

 

 

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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Skae Training Center

ZBA#IS-34

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§  5.153 accessory structure variance is APPROVED; and FURTHER RESOLVED, that such decision and the vote thereon shall become effective and be deemed rendered on the date of adoption

by the Board of the minutes of which they are a part.

 

 

 

 

General Conditions:

 

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

 

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

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

which are hereinbefore set forth.

 

 

 

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

 

 

 

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

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

 

 

 

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

 

 

 

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ZBA#15-34

Page  4 of  4

 

 

 

The foregoing  resolution  to approve  the application  for the requested   §  5 .153    accessory structure   variance  was presented  and moved  by Mr. Bosco,   seconded by Ms.  Salomon and carried  as follows:   Mr. Bosco,   aye;  Mr. Feroldi,  aye;  Mr. Quinn,  aye ; Mr.  Sullivan, aye;  and Ms.  Salomon,   aye.  Ms.  Castelli,  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:    May 6, 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~4-l<….=……~L.l.L.-b~= Deborah  Arbolmo

Administrative   Aide

 

 

TOWN CLERK

I-IIGl-IWAY  DEPARTMENT ASSESSOR

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

CHAIRMAN,  ZBA,  PB, ACABOR

 

 

 

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DECISION

• 3.11, COLUMN 5 #11 SIGN SIZE VARIANCE APPROVED AND § 5.226

FRONT YARD FENCE HEIGHT VARIANCE APPROVED

 

To:   Donald Brenner (Skae Training Center)

4 Independence Avenue

Tappan, New York 10983

ZBA#15-35

Date: May 6, 2015

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

 

 

ZBA#15-35: Application of Skae Training Center for variances from Zoning Code (Chapter 43) of the Town of Orangetown Code, LIO District, Section 3.11, Column 5 #11 (Sign: 30 sq. ft. permitted, 400 sq. ft. proposed) and from Section 5.226 (Front Yard

Fence Height: 4 Yi’ permitted, 6′ proposed) for the installation of a sign and wind screen on a fence at an existing commercial use. The premises are located at 337-330 Blaisdell Road, Orangeburg, New York and are identified on the Orangetown Tax Map as Section

76.08, Block 1, Lot 3 & 4; in the LIO zoning district.

 

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, May 6, 2015 at which time the Board made the determination hereinafter set forth.

 

Donald  Brenner,  Attorney,  Sarah  Torrens,  Attorney,  and  Peter  Skae  appeared  and testified.

 

The following documents were presented:

 

1. Copy of site plan dated September 12, 2014 with the latest revision date of

3/2/2015 labeled “Final As built for Skae Training (1  page).

2. Color picture of the windscreen with red lettering which is the sign.
3. A letter dated April 15, 2015 from the County of Rockland Department of

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

4. A letter dated May 5, 2015 from the County of Rockland Department of

Highways signed by Sonny Lin, P .E ..

5.

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 does not seek to construct or expand a primary or accessory or appurtenant non• residential structure or facility involving less than 4,000 square feet of gross floor area, and not involving a change in zoning or a use variance and consistent with local land use controls, this application is exempt from the State Environmental Quality Review Act (SEQRA), pursuant to SEQRA Regulations §617.5 (c) (7); which does not require

SEQRA environmental review. The motion was seconded by Ms. Salomon and carried as follows: Mr. Feroldi, aye; Ms. Salomon, aye; Mr. Bosco, aye; Mr. Quinn, aye; and Mr. Sullivan, aye. Ms. Castelli was absent for this hearing.

 

Peter Skae testified that this fence is not in the front yard; that it runs even with the building; that the lettering on the windscreen should not count as a sign; and that the auto body shop next door to the building department had one up for a while.

 

 

 

 

 

Dan Sullivan explained that the windscreen with lettering is considered a sign and it is in the front yard.                                    .3SL:l.:H9  S)IH31~  N!tl<Jl

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ZBA#lS-35

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 ofNew   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 §5.226 fence height, and § 3.11, Column 5 #1 sign size, variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The windscreen with lettering is set far enough back

from the road not to interfere with traffic and serves double duty for the athletes using

the facility.

 

2. Because of the location of the front yard fence, its height and sign size, the Board made a determination that the comments from Rockland County Planning’s Department letter dated April 15, 2015 shall be overridden.

 

 

 

3. The requested  §5.226 fence height, and§  3.11, Column 5 #1 sign size, variances

will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The windscreen with lettering is set far enough back

from the road not to interfere with traffic and serves double duty for the athletes using the facility.

 

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 windscreen with lettering is set far enough back from the road not to interfere with traffic and serves double duty for the athletes using the facility.

 

 

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5. The requested §5.226 fence height, and§ 3.11, Column 5 #1 sign size, variancg  ~      a

although somewhat substantial, afford benefits to the applicant that are not      ~      :3      ~ outweighed by the detriment, if any, to the health, safety and welfare of the     ~     ~      c.,;,, surrounding neighborhood or nearby community.                                              ~     N         e

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6. The applicant purchased the property subject to Orangetown’s Zoning Code (~pt~  1                ~

43) and is proposing a new addition and/or improvements, so the alleged difficii1J;y N    1                           c!

was self-created, which consideration was relevant to the decision of the Boar~f      ~   :    ·           ~

Appeals, but did not, by itself, preclude the granting of the area variances.

 

Skae Training Center

ZBA#lS-35

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 §5.226 fence height, and §

3.11, Column 5 #1  sign size, variances, and to override #1  & #2 of the Rockland

County Planning Department letter of April 15, 2015, 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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Skae Training  Center

ZBA#15-35

Page  4 of  4

 

 

 

The foregoing  resolution   to approve  the application  for the requested  §5.226   fence height, and§  3.11,     Column  5 #1  sign  size,  variances,  and to override  #1  & #2 of the Rockland County Department of Planning letter dated April 15, 2015;  was presented and moved by Mr. Feroldi, seconded by Mr. Bosco  and carried as follows:  Mr. Bosco, aye; Mr. Feroldi, aye;  Mr. Quinn, aye; Mr. Sullivan,  aye;  and Ms.  Salomon, aye. Ms. Castelli 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:   May 6, 2015

 

 

 

DISTRIBUTION:

 

APPLICANT

ZBA   MEMBERS SUPERVISOR

TOWN BOARD MEMBERS TOWN  ATTORNEY

DEPUTY   TOWN ATTORNEY OBZPAE

BUILDTNG    [NSPECTOR-M.M.

ZONING BOARD OF APPEALS TOWN OF ORANGETOWN

 

 

By.hiiawo~

Deborah Arbolino

Administrative Aide

 

 

TOWN  CLERK

HIGHWAY    DEPARTMENT ASSESSOR

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

CHAIRMAN,      ZBA,  PB,   ACABOR

 

 

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DECISION

PERFORMANCE  STANDARDS APPROVED,  WITH  CONDTIONS, FOR FIVE YEARS

 

To:   Donald Brenner (Organic Recycling)

4 Independence A venue

Tappan, New York 10983

ZBA#15-36

Date: May 6, 2015

 

 

FROM: ZONING BOARD OF APPEALS: Town of Orangetown

 

 

 

ZBA#l5-36:  Application of Organic Recycling for renewal of the Performance Standards (granted in ZBA#I0-27 for five years) Zoning Code (Chapter 43) of the Town of Orangetown Code, LI District, Section 4.12,  for the continued composting operation taking place at 117 A Route 303, Tappan, New York and identified on the Orangetown Tax Map as Section 74.19, Block 1, Lot 3; in the LI zoning district.

 

 

Heard by the Zoning Board of Appeals of the Town of Orangetown at a meeting held on Wednesday, May 6, 2015 at which time the Board made the determination hereinafter set forth.

 

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

1. Plans labeled” Site Plan & Materials Flow Yard Waste Composting Facility at Organic Recycling” dated 8/5/2014 , revised 1/15/2015 signed and sealed by Jay A. Greenwell,  L.S. (1 page).
2. ZBA Decision #10-27 dated April 21, 2010.
3. Performance standards resume of operations and equipment dated April 19, 2015.
4. Fire Prevention Supplement.
5. A memorandum dated April 21, 2015 from Michael B. Bettmann, Chief Fire

Inspector,  Town of Orangetown.

6. A letter dated April 22, 2015 from the County of Rockland Department of

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

7. A letter dated May 5, 2015 from the County of Rockland Department of

Highways signed by Sonny Lin, P .E..

8. A letter dated April 15, 2015 from the Department of Environmental Management and Engineering signed by Joseph J. Moran, P.E., Town of Orangetown.
9. A letter in support of the project, dated May 1, 2015 from James Dean, Superintendent of Highways, Town of Orangetown (2pages).
10. A letter dated April 24, 2015 from the County of Rockland Department of

Highways signed by Charles H. Vezzetti, Superintendent of highways.

11. A letter dated April 24, 2015 from the County of Rockland Drainage Agency signed by Vincent Altieri, Executive Director.
12. A letter dated March 27, 2015 from the County of Rockland Department of

Health signed by Scott McKane, P.E., Senior Public health Engineer.

13. A letter dated May 5, 2015 from Daniel J. Scott, 21 Hansen Street, Tappan, in support of the application.
14. A copy of an e-mail from Ashley Wilson to Cass Lim regarding the DEC “Solid waste Management permit renewal, which anticipates the renewal permit will be issued as soon as possible and apologizes for the delay.

 

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

 

 

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Organic Recycling

ZBA#lS-36

Page2 of 4

 

On advice of Dennis Michaels, Deputy Town Attorney,  counsel to the Zoning Board of Appeals, Mr. Sullivan moved for a Board determination, based upon the testimony heard by this Board and the facts as presented in the application submissions and in the record, that since the application entails the ZBA engaging in a review to determine compliance with technical requirements the application is a Type II action exempt from the State Environmental Quality Review Act (SEQRA), pursuant to SEQRA Regulations §617.5 (c) (28); which does not require SEQRA enviromnental review. The motion was

seconded by Ms. Salomon and carried as follows: Ms. Salomon, aye; Ms. Castelli, aye;

Mr. Bosco, aye; Mr. Quinn, aye; and Mr. Sullivan , aye.

 

Cassandra Cass testified that they are no longer composting grass clippings; that they compost brush and leaves; that they need to renew the DEC permit every five years; that there is always material on site but things move out an in every three months; that they can keep the piles to no more than 20′ high and they will provide a site plan with everything labeled as per Michael Bettmann’s request.

 

The Performance Standards Resume of Operations and Equipment, and the Fire

Prevention Supplement completed by the applicant were thereupon reviewed in detail. 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 of the documents submitted, the Board found and concluded that:

 

Based upon the information contained in: (i) the applicant’s Resume of

Operations and Equipment and the Fire Prevention Supplement dated April 19,

2015; (ii) the report dated April 15, 2015 from Joseph J. Moran, P.E., Commissioner of the Town of Orangetown Department of Environmental Management and Engineering (D.E.M.E.); (iii) the report dated April 21, 2015 from Michael Bettmann, Chief Fire Inspector, Town of Orangetown Bureau of

Fire Prevention (B.F.P.);(iv) the letter dated May 5, 2015 from the County of    ,.-..,

Rockland Department of Highways signed by Sonny Lin, P.E.;(v) the letter~te~     ~ April 24, 2015 from the County of Highways signed by Charles H. Vezze~     :::3     ~ Superintendent ofHighways;(vi) Rockland County Department of Health l~er  ~      C)

dated March 27, 2015 signed by Scott McKane, P.E., Senior Public Health~     ro     ~ Engineer;(vii) County of Rockland Drainage Agency letter dated April 24~015°      ·: signed by Vincent Altieri, Executive Director;(viii).the ~etter dated April 2~2og:          :z from the County of Rockland Department of Plannmg signed by Douglas J~     ,….  !        ~

Schuetz, Acting Commissioner; .      (ix) the other documents submitted to theJ3oa.N ,            ci

and the testimony of Applicant’s representatives, the Board finds and conc~e~:     ~

that the application conforms with the Performance Standards set forth in Zoning

Code Section 4.1, subject to compliance with the orders, rules and regulations of the Orangetown Office of Building, Zoning & Planning Administration &

Enforcement, D.E.M.E., and B.F.P ., and all other departments having jurisdiction of the premises.

 

 

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DECISION:  In view of the foregoing  and the testimony  and documents  submitted,  the Board RESOLVED  that the Application  for  Performance   Standards   Conformance, pursuant  to Zoning  Code  § 4.1, is APPROVED  with the following  SPECIFIC CONDITIONS:   (1)  that  the Applicant  adhere  to all of the requirements   set forth in the report by Chief Fire Inspector  Bettmann,  B.F.P.,  dated April 21, 2015; and  (2)  that  the Applicant  adhere to all of the requirements   set forth by the report  dated April  15, 2015

from Joseph  J. Moran, P.E., Commissioner, DEME; and  (3) the height of the compost

piles shall not exceed 20′; 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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Organic  Recycling

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Page  4 of  4

 

 

 

The foregoing  resolution  to approve  the application  for Conformance  to Zoning   Code

• 4.1 Performance Standards  Review  with the specific  conditions  set forth on the previous pages,  was presented  and moved  by Ms.  Salomon,   seconded  by Mr. Sullivan   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:    May 6,  2015

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

DISTRIBUTION:

 

APPLICANT

ZBA  MEMBERS SUPERVISOR

TOWN BOARD  MEMBERS TOWN ATTORNEY

DEPUTY   TOWN ATTORNEY OBZPAE

BUILDING     INSPECTOR-N.A.

By-4.J.L.:uu..-=-=~.l..L-./–_,L.~~

Deborah  Arbo mo

Administrative   Aide

 

 

TOWN  CLERK

HIGHWAY    DEPARTMENT ASSESSOR

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

CHAIRMAN,      ZBA,   PB,  ACABOR

 

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NMOl3DN~UO   .:JO NAiOl

 

DECISION

PERFORMANCE     STANDARDS   REVIEW   NOT  REQUIRED    NORNECESSAY

 

To:    Donald  Brenner   (LSI Services)

4 Independence  Avenue

Tappan,  New York  10983

ZBA#15-37

Date:  May 6, 2015

 

 

FROM:  ZONING  BOARD  OF APPEALS:  Town  of Orangetown

 

 

 

ZBA#15-37:  Application  of LSI Services  for review  of the Performance  Standards Zoning  Code (Chapter  43) of the Town  of Orangetown  Code, LIO District,  Section 4.12 for an irrigation  system business.  The Business  is located   at 336 Blaisdell  Road, Orangeburg,  New York  and  identified  on the Orangetown  Tax Map as Section  76.08, Block  1, Lot 1; in the LI) zoning  district.

 

 

Heard by the Zoning  Board of Appeals  of the Town  of Orangetown  at a meeting  held on Wednesday,  May 6, 2015 at which time the Board made  the determination  hereinafter  set forth.

 

Donald  Brenner,  Attorney,  Sarah Torrens,  Attorney,  and Darden  Bilali,  owner,  appeared and testified.

 

The following  documents  were presented:

 

1. Plans labeled”  Site Development  Plan for LSI Services”     dated   11/27/2012, revised  03/16/2015  signed  and sealed by Jay A. Greenwell,  L.S. (1  page).
2. Plans labeled “Internal  Vehicle  Parking  and Outside  Material  Layout  for LSI Services”         dated  03/10/2015  signed  and sealed by Jay A. Greenwell,  L.S. (1 page).
3. ZBA Decision  #13-80  dated June 4, 2014.
4. Planning  Board Decision  #15-04  dated January  28, 2015.
5. Performance  standards  resume  of operations  and equipment  dated February  6,

2015.

6. Fire Prevention  Supplement.
7. A letter dated April 22, 2015 from the County  of Rockland  Department  of

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

8. A letter dated May 6, 2015 from the County  of Rockland  Department  of

Highways  signed by Sonny Lin, P .E ..

9. A letter dated April 22, 2015 from the Department  of Environmental   Management and Engineering  signed by Joseph  J. Moran,  P.E., Town of Orangetown.

 

 

 

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

 

 

 

The Board discussed  the application  and considered  condition  #6 of the Zoning board of Appeals  Decision#   13-80 dated June 4, 2014 and decided  that the application  did not require  a Performance   Standards  Review.

 

 

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LSI Services

ZBA#lS-37

Page 2 of  3

 

 

 

 

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. Salomon and carried unanimously.

 

 

 

 

FINDINGS OF FACT AND CONCLUSIONS:

After personal observation of the property, hearing all the testimony and reviewing all of the documents submitted, the Board found and concluded that:

 

Based upon the information contained in the applicant’s Resume of Operations and Equipment and the Fire Prevention Supplement dated February 6, 2015; the Zoning Board of Appeals finds and concludes that a Performance Standards Review is not required, nor is it necessary to conform to Performance Standards; the Zoning Board of Appeals finds  and concludes that the Board is reversing the decision of the Building Inspector by concluding that Performance Standards Review is not required or necessary for this application.

 

DECISION: In view of the foregoing and the testimony and documents submitted, the Board RESOLVED that the Application for Performance Standards Conformance, pursuant to Zoning Code§ 4.1, is NOTREQUIRED NOR NECESSARY. 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 limi!!\tio~    -4 the accuracy and structural integrity thereof, of the applicant, but same have be~       tri     ~ submitted to the Board solely for informational and verification purposes relativm:o ~       z variances being requested.                                                                                     ~     -c        ~

 

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(iv) A building permit as well as any other necessary permits must be obtained ~ith~		~
reasonable period of time following the filing of this decision and prior to unde~…  ~: any construction contemplated in this decision. To the extent any variance or S~iaJN Permit granted herein is subject to any conditions, the building department shalll!flot ~	·=	~   ~ :z

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

 

LSI Services

ZBA#15-37

Page  3  of  3

 

 

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 elate 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  Pe1111it   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 Reverse  the Decision  of the Building  Inspector  and find and conclude  that  the application  for Conformance  to Zoning  Code §4.1   Performance Standards  Review  is neither  necessary  nor required,   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:   May 6, 2015

 

ZONING  BOARD  OF APPEALS TOWN  OF ORANGETOWN

 

 

DISTIUBUTION:

 

APPLICANT

ZBA MEMBERS SUPERVISOR

TOWN BOARD MEMBERS TOWN ATTORNEY

DEPUTY TOWN ATTORNEY OBZPAE

BUILDING INSPECTOR-N.A.

 

By-.<-/-~;.<-L’-4″-<‘-=–‘””‘—-h-“-=- Deborah  Arbolino

Administrative   Aide

 

 

TOWN CLERK

HIGHWAY  DEPARTMENT ASSESSOR

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

CHAIRMAN,  ZBA, PB, ACABOR