Zoning Board of Appeals - Regular Meeting

All right. Good evening everyone. Welcome to the first ZBA meeting of 2026 January. Um way we operate is well board members are in front of you on deis. Um Mike Caraza code enforcement officer

and Greg Fulchchetti our town council. I forgot. Ed Spedera will be eventually taken over for Mike. So we welcome Ed. Um so the way we operate is I'll I'll ask you to come up to the podium. I'll swear you in. Um you present your case. If anyone in the public wishes to be heard on any case, please come up and sign in. We'll swear you in as well, but sign in with your name, address, and uh uh phone number. Um and we'll hear the case once we adjudicate. Um there'll be no input from any on any case whatsoever. So please keep that in mind. Um will you all please stand and join me for the pledge of allegiance to the flag of the United States of America and to the republic for which it stands one nation under God indivisible with liberty and justice for all.

All right. Thank you everyone. Our uh first case is a hold over case from last month and it's uh Chris de Gaspari for variance of section 156-9 seeking both use and area variance for permission to construct a garage for plumbing business properties located 112 Bucks Hollow Road Mopac and its tax map 90 uh 75.20-2-74. Um it's listed here. It's too much to read of of variances that they're looking for. So, as we went through it last week, Jack, you're you're representing uh both going to be speaking. Yes. So, raise raise state your name and address for the record first. John Carell,

121 Kushman Road, Patterson, New York. Christy Gasper, 112 Bucks Road in May, New York. All right, raise your hands. You got to swear to tell the truth, the whole truth, nothing but the truth. So, we'll help you. Yes. Yes. Okay. I'll just remind everybody, please speak into the U microphones clearly and distinctly because uh it's being recorded for minutes. So, I would appreciate that. Um, so Jack, last month, um, you guys presented, but we we kind of didn't really see the burden for the cost factors, and you've since submitted some submissions on that. Can you bring us through that to um, bring light to to satisfying that condition?

Yes. So, we we did submit a document that summarized uh, what Mr. Gasparini is doing and what would the cost would be? All right. Can you or Mr. Gasperini bring it bring us through this? What your costs are and what you know with with the burden

with Yeah. Yeah. Well, I had in there for um the storage fees that I've been paying over the years um for the past couple years on that um you know, offsite just to keep inventory and um just the um and then you know labor costs I had in there for it would take to just you know do daily runs for going to storage facilities to get inventory and and bring it to the job and you know certain deliveries I wasn't able to get at the shop. So, by keeping your materials on site, it's going to keep your your cost down. Yeah. Essentially. Yes. Um,

so I don't know, you know, I don't know if that's enough. Maybe we'll just pull the board members and see what they what they think if everyone had a chance to read through this. I unfortunately did not have a lot of time. I just got back from a vacation, so I didn't have a lot of time to I just I have a quick question just on the on the lines at the bottom. So, um, the two the 534 Route 6 and 603 Route 6, that wouldn't be rentals. That's you purchasing that property, right? That's correct. I just I just want to make sure and and obviously it's not adequate for the business space. What just why was it adequate? Just curious. Uh, just we're just doing a just for space and and parking. Yeah. Would be. Yeah.

Yeah. Just to keep vehicles and the employees parking too. So these locations would would have been proposed storage locations or no if we were to go out and try to you know purchase a prop another property you know would be separate from the yeah you're on correctly okay um any other board members wasn't at the last meeting was anybody here opposed to it I don't think anyone was opposed it's just there's one condition that just we didn't think could could be met and I think he's presented that tonight it's a use

right yeah without the financials you can never go forward on anything right that's why it was helpful got it all right Mike did you get a chance to review this I did um you have any comments really it's up to you guys this stuff this is that's true for me it looks like it's okay but again I don't it's balancing act or whatever you call it

we'll just go through a couple of them for for the public's Um, so parking, requiring employees to park off site disrupts start day coordination. Allowing on-site on-site parking and storage supports the workflow, reduces vehicle movement around town and helps business operate in a more organized manner. Office admin, we currently do not have adequate parking or office space to support. And you'll be developing parking. I will spots for for Yeah. All on site. um runner field support. You you lay out, you know, running around town having to pick up materials from other suppliers, whereas you can buy in bulk, right? And maximize cost. Yes. Um and time

and then you have to Yeah. time. Yeah. All right. So, to me it makes sense. I mean, anybody else? The uh location is right next to 100 Bucks Hollow. How many businesses are there? At least four. I can think of five. You uh you're adjacent right to the granite. Yes. It's almost like a commercial district up there and that so that it's right on it's right on top of that same lot. I've been surrounded for all these years. We haven't from neighbors some are here. And uh no he's got his own thing.

Yeah. He's not going to object just like he's not going to object him. That's the way this works. All right. So, at that point, I'll open it up to the public. Does anybody have any comments or questions or concerns on this application? All right. Any other comments from the board? Questions? Just really quickly. So, I see where the proposed building Oh, there's the parking. Yeah. No, not Thank you. So, so the financials are more like perspective of growing the business rather than what you're currently incurring now. The financials what I proposed there. No, that's what it's been. So, you're paying right now 2,000 for off-site parking.

I was not anymore. So, what happened was with this property, I just acquired a property. I took possession of from my parents last year. Um, so the way my father was running the property, I'm running it a lot differently now. You know, we were paying because I Plus, with the business, I was keeping more inventory as opposed to when my father was running the business with me. And that's why I had to go to keeping go for the public storage and and offsite. I couldn't do it on site. I just didn't have enough, you know, and I I grew the business quite a bit over the past few years. So, that's why I It's going to cost you a lot of fraud to make these developments, but in the long run, it is. But in the long run, it's going to pay off. Yeah. Pay off. All right. All right. Um, I'll look for a motion to close the hearing on this application.

So move. Do I have a second? I have a second. John, all in favor? I. All right. Thanks, guys. Thank you. Appreciate you giving us the information. All right. Next application was also a hold over application number two for John C. Lemons variation of section 1569 um seeking variance to add five self- storage buildings code chain created non-conformity. The property is located at 100 bucks hollow in the hook pack and tax map 75.20-2-7576778.

All right. Good evening. State your name again for the and your address for the record. Adam Fiberberg, Inside Engineering 3 Garrett, Place Carmel. All right. Raise your right hand. Swear to tell the truth, the whole truth, nothing but the truth. So hope you got it. I do. And are you going to be speaking tonight at all? If you plan on, I'll just wait. Only if you have questions you want to ask. Swear you in it'll Yeah. All right. Just state your name and and address. John Lemons, 30 Crest Road, May, New York. All right, guys. Read the right hands. Swear to truth, the whole truth. Nothing but the truth. So, I hope you got it. I do. Yes. All right. Thanks. All right. Bring us back. Um I think we had some issue because of the code change um upgrading the quantity of impervious, right? So, type of um

Yeah. So we're uh we have a a project before the planning board uh to construct the five uh self- storage buildings that that you had mentioned. In that process, it was brought up that there is a new code requirement uh that was that was adopted as part of the code that that was brought on last year. Uh and that is lot coverage. So this is something that didn't exist in the code previously and was was part of the new code. Um so lot coverage meaning uh the percentage of area on the lot that can have buildings or pavements and that kind of thing on it. So in the corridor uh in the corridor business zone the maximum permitted lot coverage is 45%. Um the site currently has about 76%. Uh and the project before the planning board would reduce that coverage number to 71%. So at the last meeting we um we discussed uh potentially mitigating the nonconformity by bringing in uh some areas of porous pavement

which we which we have done. Uh we've modified the plan to include uh 12,000 about 12,500 ft of porous asphalt in a location that had previously been proposed to be uh paved with just regular impervious asphalt. And on this new drawing, that's the center, correct? Yep. That's with the with the crosshatch on it.

That area would be a porous asphalt. Um so per a follow-up discussion with Mike, um the inclusion uh of the porous asphalt though, uh improving the treatment and infiltration of the storm water doesn't by the definition in the zoning code reduce lot coverage. Technically by the definition it's still lot coverage but we are we are putting in this porous asphalt to mitigate you know to reduce the amount of imperous surface on the site. Um, so we are still asking, so that's a long-winded way of saying we are still asking for the 71% lot coverage, but this proposed porous asphalt will reduce the impervious surface on the site as as a as a mitigating uh,

but that's between you and planning and and so again, just correct me if I heard you incorrectly. You're reducing it regardless, right? So we're going from 76 to 71, correct? Before we even came here, the idea was that the site plan would reduce the uh total lot coverage from about 76 that exists to 71 at the end of the project. And I also just want to mention that it's not the project itself that is the reason that we're here for this lock. There's there's no there's no new lock coverage being created by this project. The entirety of the project fits within an area that's already considered lock coverage, right? Um and the law changed is what happened.

Yeah. So, it used to be building coverage. Excuse me. I'm sorry. It was buildings only. Now it's buildings, paved areas, and pavement and uh pavers, sidewalks, and it's now going to be a problem. We're going to have a lot of people here. If we see it happening a lot, we may I may go to the town board and recommend a higher number just to make it that every person doesn't have to do it for everything they do. It's not fair, right? Because to Mike's point, this is a a standard that this site wasn't held to until last January. Um, and so the the current configuration of the site long predates this this ordinance, but you're even still giving us a concession, which is even better. So, yes. So, even if you take the semi-porous papers, uh, semi-porous whatever,

we're doing porous asphalt. Yeah. Porest asphalt. If you take that out, you're still over whatever the legal percent is. Correct. Yeah, we're still at 71% because the the porous asphalt, like I said, it it's an impervious surface, so it it mitigates the the amount of imperous surface. It allows water to percolate through it, but technically by the definition of the code, it's still lock coverage. So, we're keeping that 71% number as the as the number we're asking the variance for, but we do have that that uh you know, the mitigation of using the porest asphalt. All right. So, I mean, so is that like um like those kind of like lattice shaped um pavers that they put down that you see?

No, this will be a porous asphalt. So, what it is is it's a it's like a it looks like almost like a regular asphalt. You know, for somebody to know what they were looking at, it would look just like asphalt, but it uses a a larger aggregate and there's more void space in the asphalt itself. So the water hits it and then rather than on a on a on a regular asphalt where the water just runs off. It can't go through, there's void space that allows the water to trickle through the asphalt itself. It's a black rice krispie treat. Right. Yeah. Okay.

I would think the planners their intention was for new construction more so on a fresh lot. This is more of an existing site with, you know, improvements that they plan to. But regardless, if you're going to go with that number, you should take in consideration parking. Every square foot of building you build res uh commercial, you need at least a square foot of parking, right? Yeah. So, you're covering more than that percent. It's the problem. So, I think it's going to be a problem. I think I need to speak to the town board at some point, but let's see how it goes for a few months. Well, this is the first case and and we're getting a lot more at some point. I mean, there's a fear about Pandora's box, but you're right. If if it's going to be a change that's going to be necessary redevelopment. Yeah.

So, all right. Board members, any other questions? Questions? Did I And you may have answered this already, Adam, but those five structures, right? It's about 28,000 square feet. Y the roof uh does that run off onto the ground or does that go underground? That will run off into the ground, but it'll ultimately be captured by the storm water uh system. That is part of our design that's required by by the by the state and that's all designed per all you know that that spec that'll all be captured us.

All right guys down here any questions? Comments? All right. Is there any input from the public on this application? Comments, concerns, questions? All right. I'll look for a motion to close the hearing. Motion to close. Second. Second. All in favor? I. All right. Thanks, guys. Thank you. appreciate you working with us to uh get this right. Thank you. Thank you. Have a good night. All right. New applications this evening. Sure.

Number three, Mopac Falls Volunteer Fire Department for a variation of section 156-9 seeking a variance for permission to construct an addition to the firehouse. Long overdue, right? The property is located at 17 Lucaro Lane, Mopac, Tax Map 75.10-1-37. 10-1-37. Joel, good evening. You're going to be representing? Yes, I'm here. Name and address for the record. It's Joel Greenberg, 2 Muskwood Road, North Mahopath, New York. Raise your right hand. Swear to tell the truth, the whole truth, nothing but the truth. So, what have you got? I do. Thank you, sir. All right. Bring us through it.

Okay. Very quickly, we have here the site plan, which is this area over here. The dark area over here is the size of the uh addition that we're adding, which is two stories high. And uh just as the previous application uh because the lot coverage includes so much more than just the building that's why we're here before you because again we have

lot coverage was 65% and u we need uh we have 75 so therefore there's a uh variance of 10.5%. And the other variance is uh we we get penalized because we have a corner lot. So on a corner lot, what's that? No.

Oh, a corner lot means you have two front yards and two rear yards. So the addition is going uh along alongside the existing building. And uh unfortunately since this is now a rear yard the requirement is uh 25 ft and we have uh 10 excuse me yeah we have uh 10.5 ft. 005 ft excuse me. So we need a variance of 14 ft. Now uh in reviewing all this and discussing this with the neighbor the this property property owner is the closest neighbor to to the our addition and if you have been on a site inspection you'll see there's a fence along here and there's a series of very old and uh trees that are very very uh tenuous as far as their continuation. So what uh we're proposing is to uh have the all these trees which again are not in great condition to be removed and then uh to have a series arboris. So this neighbor will have a year round closure and uh we basically won't be able to see we won't be able to see them and they won't be able to see us. So that's basically the uh

what height did they propose that what's that? What height what height are they are? Well, Bill, they'll be starting at what was it? About between 10 and 15 feet. So, they'll be way above uh the go with the bigger ones. Okay. Is that noted on the plan? No. No. This is just this this just happened a day or so ago when when uh when Chris went over to this, talk to the neighbor about it. And that's fine. Just make sure it goes on the block. Oh, yes, of course. Now, just so you have some idea what this building is going to look like, we did a uh some perspectives to give you some idea of what the this is the addition over here.

And this is the this is the existing building and this is the original building uh facing Lucaro Drive. And this this is the uh portion of the building that's facing School Street. Uh we're going to have a uh a driveway coming into here with some more additional handicapped spots so people can uh who are handicapped can walk in directly onto the second floor which has some offices and leads right into the large meeting room. So there's going to be four garage doors now in the addition for housing. No no the only uh these this garage doors are already here. This is the only new garage door. What's what's that?

One additional rig. Well, yes. Uh, it was was discussed with the planning board, but it appears that uh the only vehicle that will be in there will be their antique antique area. So, which which will be nice to show. So, it's like a training center and a historic area for them to keep their historic stuff. Yeah. Right. Yeah. No, you got to you got to keep that truck protected. And also just so you can see from the uh from the renderings here that the the siding will uh be all matched around so that all all new siding will be uh on the second floor and the brick will be matching on the first floor. Looks nice. Thank you. Found a brick that'll match. That's always a challenge.

We'll paint it. Okay. I know there's a certain person on planning that was busting your chops over that. So what's that? from the certain person on planning that was busting your chops over that has the same last name that I do. So about the uh I took care of it. Don't worry about it. Your mafio, huh? That's a small one. Jewish mafia. Yes. No, I took care of it. Don't worry about it. I know he did. He might even tell you about it when you get home. Anyway, so we're uh we're very proud of the uh proposal and the addition and uh it's going to be uh a nice addition to the property.

Looks good. Joel, for the future, just make sure we we get these renderings. It really helps us to understand. Oh, okay. I apologize. It was part of the package. No, it wasn't. And Mike, I I think I got to make a comment to for Dawn. Some some like the previous drawing that we just got the revision. I can't even read it. You know what I We got to get fuller sized sets of drawings for going forward. I think you get what Joel submits to you. No, Joel did. We we got a big fuller site plan. He didn't submit any u the rendition help. I'm almost sure that we uh sent PDFs to to the uh to the office. Oh, was that the email? Oh, okay. You're right. I need that she wasn't going to print.

No, that that would that would have been nice. And then site plan site plan is readable. was full enough. But the uh the previous application we we got some small drawings. This is all we got. I had to break out my magnifying glass to read some of the notes. So I think yeah. Um yeah, you're right. Just like the previous Well, actually to remedy that situation, I think in the future maybe we should submit uh more than one. What actually this was sent as a PDF, so that's why you saw such a small drawing. Yeah, I mean if you even had one of those each individual rendering on an 8 and 1 half by 11, right? That's what we could do. Yeah, the same aesthetic. Well, you know what we can do is at least do that. At least it'll be in the file for the any future reference.

The applicant should be given 11 copies of everything that goes to you. Probably came in later. Is that what happened? No, I I I think uh John is right. What happened is when you we sent the PDF of this at this size, but when she reduced it, it became small smaller so small that you should be giving us hard copies printed. Well, that's what we'll do from now on. Yes. All right. Board members, any questions or comments on the application? No. Because you said the neighbor has no issue. No, as I said, uh Chris was nice enough to talk to the net because that was the close the building that was the closest to the any of the property lines. He's on his way. He's not here yet.

Joe, what was the estimated cost for to build that addition? Keep the application 3 million plus or minus. Okay. plus his speed. Guys, any questions? No. Down here. It's going to be an improvement. We thank you guys, you volunteers for what you guys do for our community. Just let that be be known. Um, you know, I guess we have the same situation with the lot coverage here. So, it's right. Really, the only thing that should be on here is that the rear yard set back, which is what it is. All right. Anybody else in the public wish to be heard on this? Guys, please come on up. State your name and address for the record.

How you doing? My name is Anthony Larkin. I live on 116 School Street, right across the street from from uh the firehouse. So, as I'm not entirely happy, uh swear, tell the truth, the whole truth, nothing but the truth. So, I hope you got Yes, sir. Thanks. As I'm not entirely happy about how close they're going to get to the property, I am happy that they are redoing the firehouse. I think it definitely needs a little bit of a facelift.

Um, my biggest concern, the reason I wanted to speak tonight was I want really hoping we could do something about the alarm that rattles our houses. Um, on the, you know, the regular Mapac Fire Department had one, they got enough complaints and it was taken down there. And I don't mind like the six o'clock alarm every day, but it's, you know, when it goes off, it's an obsolete system. Everybody has pagers, cell phones, it's it's not necessary anymore. And um again, as I'm not I don't mind it at six o'clock, but when it goes off at 8 in the morning on a Sunday morning, wakes the baby up, you know, it's it's hard. It's And I know we know this when we're buying the house, which actually I didn't I also didn't know there wasn't mail delivery. It wasn't disclosed to me, but here we are. Um

yeah, Manac Falls has no mail delivery. That's right. Unfortunately, there's nothing we could do about it. Yeah, that's how he I kind of figured that this wasn't really where to speak about it, but I just wanted to maybe you guys can go out in the hallway and talk and I don't know you guys on the board of director or the uh uh you know, maybe he's got a point here. You guys all have pagers and beepers and cell phones and all that now or maybe limit it to certain time constraints. Again, like the six o'clock in the night, whatever. That's fine. I, you know, it goes off every six o'clock, but you know, it's I just feel like it's unnecessary during the day and the morning time. It's just it's not doing nothing. Back in the day, it did do something when people didn't have cell phones and pagers, but it just doesn't do anything.

All right. Well, we're not going to continue with that here in in the spirit of Joe Gervin. You guys go out in the hallway and and talk about it. If if you guys are don't mind, you know, just to be neighborly and whatever come to just sign in on that sheet. Yeah, do it. I got it. Thank you guys. All right, that's all you got. Thanks. Anybody else wish to be heard? Um, you said you have another neighbor coming. Well, the guy who lives next door to the um adjacent All right. But he knew about this meeting, right? He did. He had a court he had a court date at 6:30 in Newcastle. He got out and was was coming up as fast as he could. All right, Greg. Can we keep this the case open and move on to the next one? Yeah, we can we'll double back to it.

Yeah. All right. So, I'm going to do that. So, we won't move for a motion to close the hearing. Yeah, we'll move on to the next case if you guys if you guys don't mind, especially we got allow the public to be heard and we'll give some respect to a neighbor who wants to be heard.

All right. Right. So, application number four, Laura Dazzio for a variation of section 156-9, seeking a variance to retain family room addition at 11 ft from sideyard property located at 31 country lane in the whole package tax map 76.18-1-28. So, the code requires or allows 15 ft sideyard uh was provided is 11 ft. So, variance of four feet is being sought. Willie, long time no see. Really? You miss me guys? I miss you. You're the one. What's your name and address for the record please? William Basherat 266. She her road may right hand up. Swear to tell the truth, the whole truth, nothing but the truth. So I help you God. I do.

All right. Will you bring us through this one?

Yeah. This is a simple really um uh case. This is we are in front of the building department trying to close some permits and legalize minor items here and there and with something came up. We ordered a brand new survey to know where we are in relationship to the property line and the family room turned out to be 11 ft from the property line. They were in front of the zoning board before and they had a variance for 11 for 13t to allow it to be at 13t from the property line and for somehow nobody knows whether it's the it the house did not move so it's the property line moved somehow so but you know Eric link did the survey and we all know how accurate he is he's very accurate so we decided to come for the variance uh for relief of the same thing that was relieved once before, but the numbers have changed.

So, this was before us before I I not I don't know if it was you. It was It was in front of the board for a variance. They got a variance a while back 13t. The same exact size addition, but it's only 11 ft when Eric did the survey. It was in 1994. The the variance was granted my pre. So just to go through the uh the few comments on this or the the the addition really exists was not proposed that had had the variance before but somehow it was

was not accurate. The number there are no properties available for us to purchase and change that property for 20 years. Exactly. The characteristics of the neighborhood did not change. It does not have any negative impact on the neighborhood. Okay. And this is where we are with it. Board members questions, comments. Just record show there was one letter in support. Rosemary. Oh, that's right. Barini I guess 375 Kut Hill Road, Man Bay Manac, New York. She wrote, "I have no objections on 1226." She's the neighbor. Just for the record.

All right. Will anything Jill? Is the objection or the support letter from the person whose property would next door be next to this? I don't know exactly how the relationship of that woman. This came to me Don sent it to me in an email today. I said, "Oh, beautiful to see a neighbor in support of it, but I don't know exactly the relationship with the two houses." I I cannot answer that. All right. All right. I mean, if that neighbor did have a problem, they'd probably be here, but we'll open it up to the public next. You guys are all set with questions, comments. All right. Anybody in the public wish to speak on or be heard on this application? All right. I'll look for a motion to close the hearing.

So move second. Second. All in favor? All right, Willie. Thanks. Good to see you. Bye, Willie. Nice to see you. We'll see you again. What? Two years, three years. Oh, back in 1962.

All right. Application for Liberty Bell Trucking Company Incorporated variation of section 156-9 seeking variance to construct commercial buildings properties located 39 and 47 old route 6 caramel and its tax map 55.7-1-4 and 5. So the code allows 120,000 square ft only provided is 97,072. Uh so a variance of 22928 is being sought. Sideyard setback the code requires 40 ft. What's provided is 25 ft. So a variance of 15 ft is being sought and parking lots to be paved is what the code requires. 20 foot wide apron in front of buildings and access drive. We'll have to ask you what that means, Paul. Um, and to not pave the balance of the lot is the variance that's being sought.

Good evening, sir. Good evening. State your name and address. Paul Lynch, Putinham Engineering. How are you? Raise your right hand. Swear to tell the truth, the whole truth, nothing but the truth. So, I'll help you out. I do. Thank you, sir. Bring us through it. This is lots two and three of the Merryweather subdivision that dates back to, I think, to the early 80s. Um, this would be lot two. This would be lot three as individual lots. You basically have with the current code 27 feet or 23 feet to work with down here for your envelope and about 70 something feet up in here or an average of 46 feet in the middle. So for for a building envelope, that's what you're stuck with to try to squeeze something in here.

Likewise, on lot number three, it gets a little wider. It's 29 ft here and it's uh 56 feet up there, but that only gives you a 43t average. So, when we looked at trying to develop the lots, we decided it's best to just combine them, right? And that's what the application is in front of the planning board. We're combining lots two and lots three and proposing to have two structures on them. This is the 40 foot setback line running through here.

That's the 25- ft line here. Again, that's the 25 and that's the 40 over here. So, we basically would end up having about 500 square ft of building that would exist within that area. You couldn't just cut the corners of the building off. Okay. So, what type of construction? Like butler type buildings or They'll be Butler buildings. Yeah. Um and we're working with the elevations with the planning board as to how to develop that. But basically until we we got through came through your board to get our variances. Yeah. It just comes to a point where you you just don't want to go too far. You couldn't shift them in. Just give us a reason why. Because parking

I I lose my the parking that I need for for my two units. And for these particular buildings, they could have um buil, you know, vehicles out in front. And this is going to be uh the use for the property is going to be for um I got to find it now. Light industrial metal. Yeah. Light industrial machine and a warehouse. So, this would be the future warehouse building. This is the light industrial.

It's trucking company. Well, it's doing it's doing up up upgrades to to vehicles. Not mechanical work, not you know, not not where you're you're not a mechanic. You're not doing engine work or that kind of stuff. It's just refitting say a firet truck or whatever with hoses and you know, just updating equipment, maybe welding new pieces and etc on it. That's what their clients their their clients tell us. The ten we would be the tenant. Yeah. Okay. So they would need they would want the space in front be able to have a vehicle outside. All right. So what's the situation with paving?

So we're looking to pave the access drive and we're going to we're looking to have a common access drive that serves both lot one which will be a future development. Schultz is currently still excavating out doing his his regrading operation on that lot. So, just to cut down on the on our amount of disturbance out in the street with sewer and water connections, it just made sense to have one driveway entrance so that you're only out in the road once.

Um, so we're doing that here. So, that comes up and then we turn off to come into the into our site. the grade up would get paved and then a 20 foot strip around the front of the building and a 20- foot strip around front of that building would paved. This portion of the lot from the from the asphalt back is basically at a 2% grade. It's in essence flat. So that's why the request is to keep it as a a porous surface. All right. So what's what was that? Okay. Say again like I said what's going to make it not puddle and become these huge holes when the truck drives through what material well you're going to use like item four New York State DOT item four

and that which is easily you know regraded well snow removal is going to affect that they could yes but they're not looking to like a a forest asphalt like Lemons's case here the longevity of it is that from my standpoint isn't an engineer is that issue as to how long is it going to work before the porps get clogged up sand maintaining it so it I think it's a great idea I just it's on the client but you know he's going to be plowing if we get snow like we got this week right

I mean an alternate to doing that would be to say use millings because millings are considered an impervious surface yeah because you're not getting the tight compaction So there you still get water to infiltrate through it. So if if the board said, "No, Paul, don't use item four. We'd prefer millings." That's that's fine, too. All right. Um and then do you have an agreement, a perpetual agreement with that? There will be there there will be there will be the access easement drawn up, etc. for all that stuff. All right. Well, we would condition this approval on that. So, whoever makes the motion, if we we approve this, that you know, you add that condition.

Yes. Because you'll have utilities in the in the in the common driveway. That's your access, etc. Um. All right. Yeah. I don't I don't see any major issues. Yeah. Because otherwise, you would need a variance because you don't have street furniture. I mean, street access at that point, right? Oh, no. You don't need access. Right. Right. Right. Just frontage. Right. Furnish. This is your backyard. Come on. Any questions or comments? So, for reference, is this to the left of the storage places that we approved last time? This is to the right of the uh this is the right of the what? This is Evans over here,

which you approved about a year ago. And then over here is Greenpoint Tree Service, which was approved a couple of months ago. So, Green So, Greenpoint is here, Evans is here, and then this is lots two and three. Yeah. And the last lot to be developed would be lot one. And then next is the elections headquarters. And you got the elections building over here. And then the bowling right. All right. Any other is there going to be retaining walls behind it between that and the bike path?

You have the existing rock rock cut. There will be a retaining wall built behind this building when the time comes. But other than that, this would just be left in its natural state. He, you know, I mean, you could put up a catch fence at the base of the wall if you have an issue where you have starting to have some small rocks starting to roll down the hillside, but that's that, you know, that's a fairly simple thing to do. Okay. I've been on the planet though. Yeah. Joel, anything? I'm good. Julie, you good? I'm good. Okay. All right. Anybody

anybody in the public wish to be heard on this application? Doesn't look like we have many people here. So, I think we're good. So, I'll look for a motion to close the hearing. So, move. Second. Second. All in favor? I. All right. Thank you. Um I believe this is this is the neighbor that showed up who wanted to be here. All right. On the previous for the uh Mayak Falls Fire Department, had you closed it? No, we didn't close. No, no, no. We didn't left it open. We didn't close it. No. Yeah. No. So, sir, if you want to be heard, please come on up. State your name and address for the record. Uh, my name is Al Regular, 115 School Street, May Falls. All right. Raise your right hand. Swear to tell the truth, the whole truth, nothing about the truth. So, help you God. Yes.

All right. Just speak clearly into the mic if you would. Okay. Um, I've lived next to the firehouse for almost 30 years. um they've been a good neighbor and uh when I when the chief advised me of the the plan and and I got notice of the hearing, I just wanted to come and and and see how the process all works. Um I do have some experience in municipal government from my my career down in Westchester County and uh I really have no objection. Um, obviously I have some concerns and and the chief uh explained to me uh step by step as to why the the design has has been developed the way it has been.

Um, and my plan is just to continue to monitor and and possibly meet with him again and we can discuss the project as it gets closer. All right. Um, it was just introduced. Joel, their architect, uh, spoke about adding arborvites along that line, assuming that's your property. Yes. Right next door that I'm the one that's impacted with the, uh, the 10-ft setback variance. So, that's a change to the plan. Mike had asked that they make sure they put it on the drawing so it's captured and that should help you for your visibility and seeing the construction and and the building, you know, in the future. Mhm. Unless you want to see the building, then that's a different story. But, uh, you know, I

Good or make good neighbors. Yeah. It's it's it's a combination of it's for us. It's a it's a privacy issue. There's also a noise issue. Um, and and the Evergreens will tend to muffle the noise, help absorb the sound. Yes. Yes. Okay. Just do me a favor, write your name and address, and phone number on that board on the podium. Do you have any other comments or questions? That's it. Thank you. I appreciate you holding it open. You will get one more notice for the planning board public hearing. Right. Right. Right. Because it's going to get kicked back there. All right. Now, I'll look for a motion to close the public hearing of this application. I So move this. Do I have a second?

Second, Julie. All in favor? I. All right. Thank you guys and good luck. Thank you, sir. Yes. Could I take a look at the drawing that shows the uh everyone? Yeah, just do us a favor. Do it outside so we can don't interrupt the next. Thank you very much. Hey, Bill. All right, Bill. Chilling. He's coming.

I'm sorry. That's Mr. Schilling. M Mr. Schilling.

How rude. He can see you. All right. Uh, next application is number six. Kevin Sheridan for a variation of section 156-15B3. Seeking a variance to legalize an existing apartment above the existing garage, rebuild barn destroyed by fire. Property is located 737 Croin Falls Road, Carmel, and it's tax map 77.2-2-2.1.

The code requires or allows a maximum of 650 ft for accessory apartment. What's provided or existing is 1280 square ft. So, a variance of 630 ft is being sought. Good evening. Bill, just put that where will that go on the uh That way the camera can pick it up because we have it there. Thanks though. Will fit on the easel. Yeah, too. Yeah.

That's going to be an extra charger. Yeah, that works. That works. That way it's on the camera because we have this. Yeah. Say it again. We have these. So, okay. Um, so explain. Uh, first of all, I want to say that the notice provided relief we're seeking for a burnt down barn. I don't know where that came from. My application didn't have it. Now, uh, the dimensions had to be changed. Mike was waiting for them to be corrected and Joel corrected the dimensions, but the barn thing I can't figure out. We're We're not seeking any It's not on on Nor was it on my my application. I I don't know. Anyway, that's not what we're doing.

We know who you are, but state your name and address for for the record, please. My name is William Schilling, and my clients are here, and they are Kevin and Anmarie Sheridan. Joel Greenberg, who is the project architect, is here with us as well. All right. Is your client going to be speaking at all? I'm sorry. Is your client going to be speaking? I don't think so. Okay. Joel's already been sworn, so yeah, Joel's sworn in. So, I want you the board to know that my clients are longtime residents of the town of Carmel, having been here since do me a favor, shut that door. 1999. Uh they've raised their five children here and raised them in the school districts locally.

Children are 20 to 35. The reason I bring that up is because the the accessory apartment is a huge reason why they bought the property because it presents opportunities for families to get together during holidays. And it's a beautiful apartment as you can see. So, this apartment was a really big part of their purchase back in uh 2025. As I said, the the property is 737 Croin Fall Falls Road. I hope some of you had an opportunity to see it.

Pretty. It's a really a formative formidable site and panoramic views and all that and the structures are very well completed. Um it's on 25 acres. That's important and I want you to know that my clients purchased in 2025 and it consists of the the the main house and two pools. I'm sorry. One pool, two green houses. The garage that we're talking about, all of the property consists of this, as I said, 25 acres and it's serviced by Well and Septic. Um, the important thing I want to tell you is that it's in an LDR zone district. And in that district, it specifically permits accessory apartments. And there's only two districts in the town of Caramel which do that. Now, this is one of them.

It doesn't only permit it, it encourages it. If you read the language, it says to keep families together, yada yada yada. But it's a an important part of my application that you know that it's a permitted use. We're not here for a use variance. We're here for an area variance. And as I said, only two districts in the town of Carmel permit these accessory apartments. Now, you can get it with a use variance, but that's not the case here. the um as I said the permitted use is is is there but we dimensionally exceed what what's allowed and u as the chairman read it's a 650 li limit and we pro provide or much more than that we're so our variance is uh 630 square feet um the couple things I want to bring to your attention is that When we submitted the affidavit, it was the on the basis of wrong square footage. Um, my client signed an affidavit um based on square footage that we thought to be the case and then we were corrected. But I I do want you to know that what he said in his affidavit is still absolutely accurate except for the dimensions that we put in that affidavit. And the other thing I I wanted to tell you is I don't know anything about a barn burning down and us being here for it. I I don't know where that came from, but

maybe they had a barn burning event there, Bill. I don't know. No, but the previous applicant had shown something that that was removed, right? They had a barn on the property. There was a fire. The f Joel's going to rebuild the barn. It was accidentally typed onto the application, I assume, and that's all. It's not the answer. So, the one thing for you guys to think about, too. If this was attached to the house, it would be fine. Yeah, it's just because there's no attachment between the garage and or whatever the apartment, right? So, the percentage is just being taken into correct. It's allowed to be 35% of the total uh square footage. If it's attached, if it's detached, it can only be 650 ft. Right.

So, that's why I called Bill the other day. I said, "By any chance is this attached?" Because I was there with Mr. Sheridan a few months ago, but I just couldn't remember. Why don't we just build an attachment after run a quarter mile attachment to It's only 50 ft away, right? It's very close. Yeah. No way. So, in support, we've submitted my client's affidavit and we've submitted our memorandum of law and again uh the thing I'm going to stress a couple of times that it is a permitted use and therefore it's an area of areas.

And the other thing that I think you should find compelling is there is a CO for the garage. So, this big enormous garage explains why there's a large accessory apartment. Um, and it's important that you know that there is a co for the garage itself and that's why the apartment is so large. So, when was this built? Yeah, the the campus was built. I'm not sure. The barn you mean? Uh, yeah, it was a while ago. It was all right. But it was built after they purchased it. Got it. Right. Right. Um, no, it was built. They just purchased. Oh, they just purchased. Yeah. The previous owner built the barn with site plan approval.

Oh, he went to the planning board, did everything proper, then it burned down afterwards and never rebuilt it. Now, so the barn burned down. The barn burned down. But I thought previous applicant. We're crossing applicants now, right? No, Mr. Prao, the previous owner. Okay. Had a barn at the bottom. That's why this application says that weird thing on the end. Oh, so that's why. Okay. That's the right. Oh, the Okay. I thought you meant the case before this, not the actual previous application of this property. Got it. Got it.

So, the only thing we're seeking is accessory apartment approval and all the other things that are there. Um,

thank you. Unfortunately, there are so few building permits and cos for the rest of the things on the building. The predecessor left to my client to do all those things. And he my client hired Joel to get building permits and cos for all those things that are lacking. And Joel has been on then has submitted a number of building permit applications as it is. Uh but again in this case the garage was COed and that's the reason for the large uh apartment and as I said but I don't know Joel's made numerous applications of building permits and we're here um for uh the accessory department. This will be the only variance this uh property requires.

Yeah. So that there's a lot of things that don't have building permits, a lot of things that don't have cos. this is the only thing where a variance will be required.

Uh my client purchased in in uh May of 25 and since that time they've been v vigilant in taking care of violations. There was a DE P violation that's been removed. There was a DEC violation that's been addressed. It's not yet closed. Substantial amount of money and escrow has been left for that. But I want you to know my clients had a very very busy time trying to legalize everything that that was there and spent a lot of money towards that. The reason that it's so important to him is because I said he has five kids, he has two grandkids and it's a place that they'll come together holidays and

so it's not even being rented out. They're just using it. Not that it matters. No plans to rent out. These pictures are of the actual Yes.

Someday. So, it's consistent with the ordinance that permits and encourages and if you read the language of the preamble of the statute, it says to keep families with an opportunity to stay together. And that's exactly what uh this this does here. And it, as I said, it's envisioned and it's uh accepted by the code. I showed you pictures of the apartment to show you how pretty it is and how functional it is. It's a oneb. It's a onebedroom. It's large uh for reasons I've already stated. Uh and so we ask you um to consider the law uh to grant a an area of variance for a use that's permitted and in fact encouraged by the statute.

So the intention is not to rent this out. Uh I can tell you without any fear of contradiction, it is not to rent it out. I mean listen, they sell it. Somebody could rent it out if we say it. But again, like Mike said, if it was connected, the percent would would suffice with the house, right? It's just cuz it's detached. This would have fallen under. It's actually small in relation to the house and the percentage. No, cuz it's not connected. It would need a variance if it was mother daughter as well, Joe. Yeah. So, that's a free access between the two units. And outside is not free access, right? But the size of the unit if it's mother still the same. There's no size to a mother daughter. Just two bedrooms is the max. is an LDR. That's a low density residential zone,

right? So that's what I'm saying. Like if this was a mother daughter situation, it stays within the family. It's, you know, you know, it's not going to be rented out to a third party. But if we approve it as an accessory apartment, it could be someday if they sold it or they chose to. I know. Well, I'm I'm worried about Pandora's box here, right? You allow almost the 50% square footage accessory apartment. everybody and his brother might come in with the same situation. But tell me differently that that would not happen for

Well, these are such uh unusual circumstances. The the garage was built and it was built so so large and that the apartment that came on it as as a result was so large. Uh my client didn't create this. He's just looking to legalize it and to be able to use it as a bedroom. There's no intention now of renting it out. My client has five children, has two grandchildren, and it's a mobilizing place for for them and no intention immediately to rent it out. With regard to the requirements, the neighborhood certainly won't change. I won't go into detail with that. The property is secluded. It's been there for a very, very long time. Um, it's beautifully done. So, there's no change to the neighborhood. um the uh substantial is said to be a a conglomeration of facts and if you think about all the facts that here the co that's legal for the for the um garage the code that's permissive and all the things I consider it non substantial based on all the circumstances there'll be no change to the environment and we'll need a co for the ba for the for the bathroom so there's no environmental issues there's no way to obiate the need except to force my client to strip or to reduce which would serve no governmental purpose in my opinion.

And then the self-creation thing, my client didn't create it, didn't build it. Uh and um has done everything in his power to address all the violations that exist. So I I don't think there's a self-creation issue, but the law says even if there is a self-creation issue, if the other four criteria are met, you can pass the area of erance. Mhm.

So, I'll just conclude by saying I don't believe there's a health or safety reason for the town to want this to stop. And there's plenty of reasons why my client wants it and and hopes they can keep it. There's no reason to modify the apartment. Um the local law is very very clear that these things are favored in this particular district. and I'd like you to recognize all the things that my client has done up to this point and will continue to do until the entire site is legalized. I guess we can take questions if you'd like.

So, I have a question for Mike and and Greg. Like, if we condition this that it stays within the family, is it something that there's really no way to control that? No. Right. No. No. I have two questions. What's the square footage of the actual house? The square footage of the approximate house. The garage or the house? The main house. The main house. Main house is I'm going to assume the garage is double, right? The downstairs probably the same. Yeah, the house. You might as well get up, Joel, because you're sworn you can talk. It looks like a big house. They can't the house has a full basement and two stories above and it's approximately 9200 square f feet.

Okay. So as as a bill of the apartment is like 10% if if it was attached it would be way less than what the requirement is is what I'm trying to get out. Another question you said the bathroom needs a CO. Have we covered that? Let me not let me explain health. Uh, so okay. So we're work. No, right. Because that would have to get approved for the septic before Okay. The bedrooms need board out, not the bathroom. Oh, right. Right. It's the bedrooms, number one. Number two, the bathroom that uh Bill is talking about is in the main house. And for some reason, Oh, okay. There's, as I as he said, we're trying to

legalize everything that unfortunately he purchased with a lot of illegal illegal illegalities. And the bathroom happened to be one of them. Okay. So, this didn't get picked up on title search and it trans. There was no title search. It's It's very interesting you say that. That's good question. Good question. A resident title expert here. Where were you when we needed you? Did they pay cash? All right. I got nothing. Well, no questions. Joel. Joel. I No problem with it. I'm good.

Okay. Anybody in the public wish to be heard on this application? All right. I'll look for a motion to close the hearing. So move. Have a second. Second. All in favor? All right. At this point, no more input on any applications as we adjudicate. Um, did you close the fire? Yeah. Yes. We did. Okay. Thank you very much. Stay warm everybody. Thanks. Now we have to declare lead agency number one.

Time is coming. Yeah. All right. So first application. Um Chris Tusperry. I'll look for a motion. No, we have to do the because component so you have to do the uh sorry the secret. Yeah, because the just the on the zoning component. All right. So this is this is why it's not coordinated. You're just doing it yourself. Okay.

All right. So uh I'm going to just ask you questions from the environmental assessment uh form uh part two. And when you finish that, you can uh consider making a determination. All right. Yeah. The first thing I'm going to ask you is, will the proposed action create a material conflict with an adopted land use plan or zoning regulations? The answer is no or small impact or moderate to large impact? No. No. No. Okay. Will the proposed action result in the change of use or the intensity of use of land? No. No. No. Will the proposed action impair the quality or character of the existing community? No. No. Industrial. Will the proposed action have an impact on the environmental characteristics that cause the establishment of a CA critical environmental area?

No. Will the proposed action result in adverse change to the existing in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? That one could be a slight it's either no or small or moderate to large. Yeah, I think that I think that one could be a small because he's going to have more space there now than he had in the past. Yeah, with deliveries and and in and out. Yeah, that I I would I would take that as a small except that he's already driving out and in to get to a good point, too. I'm not making No, no, but Mike, that's a good point. So, I'll I'll with your own say no. Yeah. No agree with that. Agree. Yeah.

Okay. Will the proposed action cause an increase in the use of energy and fail to incorporate reasonably available energy conservation or renewable energy opportunities? No, it'll probably be less energy. He's not doing as much driving. No. Okay. Will the proposed action impact existing public or private water supplies? No. Will it impact public or private wastewater treatment utilities? No. Will the proposed action impair the quality character or quality of important historic archaeological architectural aesthetic resources? No. The proposed action result in an adverse change to natural resources, uh, wetlands, water bodies, groundwater, air quality, flora, and fauna? No. Will the proposed action result in an increase in the potential for erosion, flooding, or drainage problems?

No. I'm assuming he has uh whatever building it's at the planning board and they're making sure all the the storm water is taken care of. Yeah. Okay. So, I'll defer to that. No. No. From our standpoint, no. Okay. Will the proposed action uh create a hazard to environmental resources or human health? No. No. Okay. So, you've completed all the questions on part two of the environmental assessment form. I'll make a motion for a negative declaration on this uh application. Okay. Do I have a second? No. Did I cut you off? That's exactly you. I said you can't motion for a negative. Come right up. Is there a second on that motion? Second that motion. Seconded by John. All in favor? Okay. Now the variance. Now the variance. I'll look for a motion on the variance.

And again, we can combine them. Uh motion to approve the use variance and the area variances as presented on the application. Do we have a second? Second. Any discussion? All in favor? I. Okay, let's approve. Uh second application, John C. Lemons. I'll look for a motion. Motion to approve. Do I have a second? Second. Any comments or questions? All in favor? I Okay, it's approved. Application number three, Lac Falls Volunteer Fire Department. I look for a motion.

Motion to grant with the condition that the trees on the impacted neighbor side of the property are replaced with 15t arborai to uh improve the sight line for that neighbor. Do we have a second to that motion? Second. Any other comments or questions? All in favor? I granted. Okay. Uh, application number four, Dazzio. I look for a motion. Motion to close to grant. Sorry. Motion. I have a second. Second. Any discussion on that one? No. All in favor? I. Application number five, Liberty Bell Trucking. Look for a motion.

Motion to grant with the condition of an easement with on the lot um to the left of the applicant's property. Lot one. It was lot one. Uh, I'm sorry. Lot one. What? What was that? Lot one. I think it was lot one. Did he need an ement for the driveway, doesn't he? That was a separate owner. Well, it's not. That's his It's the same owner. He's giving himself an up because he's going to make sure that he submits the ements to us. Joe will review them and we'll make sure everything is good. Okay. So, then I'm going to I'm going to modify. Thank you. Motion to grant. Okay. Do I have a second? Second. All in favor? Thank you. And final application, Kevin Sheridan, look for a motion.

Motion grant. Do we have a second? Second. Any discussion? All in favor? I. All right, that's granted. All right. Minutes from December 4th, 2025. Do I have a motion to accept the minutes as written? So move. Do I have a second? Second. All in favor? Okay. A motion to close this meeting. So moved. Do I have a second? All in favor you guys want to stay all night everybody. Thank you all. Have a good night everyone. Good luck. Be careful.