Town of Southeast
Zoning Board of Appeals
Minutes of May 17, 2010
Edward Colello, Chairman Present
Thomas Costello, Vice Chairman Present
Timothy Froessel Present
Joseph Castellano Present
Kevin Sheil Absent
Paul Vink Present
Roderick Cassidy Present
Nanci Kalbfell, Admin Assistant Present
Charles Tessemer, ZOE Present
Regular Meeting:
Garden Homes, 1618-1624 Route 22 – Peter Gregory of Keane Coppleman Engineers -Brewster Town Centre- Postponed until next month.
Edward and Yvonne Raboy, 4 West Wind Lane - Mr. Raboy was sworn in. Mailings were in order. The applicant wants a variance of 18.5 feet for the West Side yard set back from the 100’ required in the R160 zoning for an A framed Metal storage building bought from Freedom Steel. The requested location is the best topographical area to locate this building. This commercial facility boards about 26 horses. Mr. Raboy has been the owner since 1968. He runs the farm and lives on the property. He has eight buildings on the property presently. He proposed a 120’ X 60’ storage/ maintenance shed for farm equipment, bulldozers, tractors, excavators, and storage that are all used on the property. He has received the consent of the neighbors who own the land adjacent to the building. Public hearing closed.
A Motion was introduced to grant the following variance:
West Side Yard Setback of 18.55 feet of the 100’ set back.
Seconded by P. Vink.
Criteria:
1. Where an undesirable change will be produced in the character of the neighborhood.
No, improving property. Providing a place to store and secure farm equipment and remove it from public view.
2. Whether the benefit sought by the applicant can be achieved by some feasible method other than a variance.
No, because this chosen area is the best location of the 90 acres.
3. Where the requested variance is substantial.
No.
4. Whether the proposed variance will have an adverse effect of impact on the environmental conditions in the neighborhood or district.
No evidence.
5. Whether the alleged difficulty was self-created.
Yes, new building.
Roll Call Vote:
K. Sheil - Absent
P. Vink - In favor
R. Cassidy - In favor
J. Castellano - In favor
T. Froessel - In favor
T. Costello - In favor
E. Colello - In favor
Variances granted by a vote of 6-0.
Metro PCS- Property of Ellen Schneider, 11 Ellen Avenue- Lucia Chiodio Esq. of Cuddy and Feder was their legal counsel. They were not heard at this time. A Public Hearing was not yet posted.
Mark Strickrodt, 14 Lookout Drive – Mark Strickrodt was sworn in. Mailings were in order. Applicant was in front of the Board requesting an additional 15’ to convert a two car garage into a three car garage for storage and vehicles. Property has over 3 acres.
Motion was introduced by Tom Costello to grant variances of 67’ set back against the 100’ setback requirement.
Seconded by Rod Cassidy
Criteria:
1. Where an undesirable change will be produced in the character of the neighborhood.
Minimal impact. Private and quiet street. No change.
2. Whether the benefit sought by the applicant can be achieved by some feasible method other than a variance.
Large parcel of land over 3 acres, the extension is to add to the already attached garage.
- Where the requested variance is substantial.
Mitigated, private area, large parcel, no impact on neighbors.
4. Whether the proposed variance will have an adverse effect of impact on the environmental conditions in the neighborhood or district.
None.
5. Whether the alleged difficulty was self-created.
Yes. Applicant requested to enlarge existing garage and not rebuild it.
Roll Call Vote:
K. Sheil - absent
P. Vink - In favor
R. Cassidy - in favor
J. Castellano - In favor
T. Froessel - in favor
T. Costello - in favor
E. Colello - In favor
Variance to create setback of 67’ against 100’ was granted by a vote of 6-0.
David Heer and John Lawrence, 11 Settler’s Hill Road - Present -David Heer (owner), Catherine Pavek-Sloat of 618 Milltown Road (neighbor) and Victor Solarik (Architect) and all were sworn in. Mailings were in order. The applicant would like a variance of 31’ feet front yard set back on East side and Relief from Section 138-11 –enlargement of pre-existing structure built in 1930s.
Applicant was denied on 4-6-10 due to insufficient set backs for the accessory structures. No bathroom, no kitchen, no water, no septic, only heat for an artist studio about 600 Sq. ft. Owners want to restore building with the same footprint and the same roof.
Code Enforcement Officer (Charles Tessmer) believes this was two small structures with a breezeway that’s being converted to one large building. The law is that an accessory structure in the front yard is not allowed. However, one roof is covering the whole structure and the existing foundation is what’s being used for restoration.
The neighbor at 618 Milltown Road is in total agreement with restoration of this old building. She believes restoration of this old building would improve the neighborhood. See letter included.
Criteria:
1. Where an undesirable change will be produced in the character of the neighborhood.
No. Restoring an old area can only improve it and be a positive change.
2. Whether the benefit sought by the applicant can be achieved by some feasible method other than a variance.
Impossible, applicant can not move the structure, he has no option.
- Where the requested variance is substantial.
31’ variance against at 50’ setback- the building existed before the road and the set back laws didn’t exist yet.
4. Whether the proposed variance will have an adverse effect of impact on the environmental conditions in the neighborhood or district.
No, there is no need for water, sewer, septic, etc.
5. Whether the alleged difficulty was self-created.
No. Property had a fire and now will be restored to its natural state.
Roll Call Vote:
K. Sheil - Absent
P. Vink - In favor
R. Cassidy - Recused
J. Castellano - In Favor
T. Froessel - In Favor
T. Costello - In Favor
E. Colello - In Favor
Motion introduced by Ed Colello to grant a Variance with relief from Section 138-11 the enlarge a pre-existing structure to create a setback of 30.71’ against 50’ By a roll call vote, motion was granted- 5 in favor, 1 absent, 1 recused.
Tom Costello made a motion to accept the minutes of April 19, 2010
Seconded by R. Cassidy. Motion Carried. All in favor.
Respectfully submitted,
Nanci Kalbfell
May 31, 2010
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