Zoning Board of Appeals - Regular Meeting

Thursday, April 23, 2026

The Zoning Board of Appeals addressed several variance requests, including retaining existing structures and constructing new additions. A notable discussion involved a proposed dog kennel, which was met with significant public concern regarding its impact on the residential neighborhood and shared resources, leading to its postponement for further review. The board also interpreted an old subdivision map, allowing for the creation of a new building lot, provided it goes through the planning board.

About this meeting

Government Body
Zoning Board of Appeals
Meeting Type
Zoning Board Of Appeals
Location
Carmel, NY
Meeting Date
April 23, 2026

Transcript

209 sections (from 1,651 segments)

4:10 – 6:07Speaker 1

All right. Good evening everyone. Welcome to the April meeting town board uh town zoning board of appeals. Um board members names are in front of you on the deis uh new zoning inspector coming on board. Mr. Spidaro, Mike Carnaza, code enforcement officer, and Greg Fulchetti is town council with us this evening. Uh, the way we operate is we will ask you to come up. I'll swear you in. We'll hear your case. The board will ask questions and make comments. We will open it up to the public afterwards. Um, if uh it looks like we have a big crowd, I don't know for which case, but we're going to limit it to like two minutes each. And if it's redundant, we're going to we're going to cut it short. So, um, let's keep it to the point. New facts, if you will. Um, so once we have the hearing, we will, uh, close the public hearing and there'll be no further input. When we complete the night's uh, judicate, we will judicate at the end of the evening and there will be no further input on any case once it's closed. So, keep that in mind. Um if you do come up from the public, please put your name, address, and um contact information on that piece of paper that's on the um lectern and uh we'll try to get through this evening. So um 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, one quick note. Um, you know, we after we adjudicate, you can stick around for the results or you can call the um town hall tomorrow. I don't know if Dawn will be in, but you can check with Mike's office and all

6:06 – 7:22Speaker 1

that tomorrow. Or you can watch it on TV. Yep. Channels 24 on Verizon and uh 95 on C Comcast. I'm going to ask everyone to please speak when they come up and speak. Speak clearly and distinctly into the microphones. This is being recorded for minutes. So it's very critical that we hear clearly for the uh person who's deciphering the notes. All right. Um one other quick note is application number seven and eight this evening for my mincella. They've asked to to be put at the end of the agenda because the I guess their uh representative is at another meeting in another town. So um if you're here for that case just um keep that in mind. All right. Our first case this evening is Marcato. Um all right for a variation of 156-9 seeking a variance for permission to retain pergola. The property is located in 9 Tyler Court Mopac and it's tax map 64.10-1-23. So the code requires or allows 20 ft. What's provided is 11.3 and a variance of 8.7 feet is being sought. [snorts]

7:27 – 7:44Speaker 1

All right. Good evening. Good evening. State your name and address for the record, please. Thomas Marcato, Nine Tyler Court, Mayak, New York. Raise your right hand. Swear to tell the truth, the whole truth, nothing but the truth. So help you God. I do. Okay. bring us through your situation. Okay.

7:43 – 8:37Speaker 1

So, what we're proposing here for a variance, as you stated, uh 8.7 ft of variance. It's a pergola that was constructed in May of 2010. Uh we we constructed it. What I did is I included, which was submitted to the board as well, what the pergola looks like in the summer months as well as the winter months. The entire property is lined with white pines. So basically it's green all all season long. I also submitted [snorts] I have basically Google Earth plans of all my neighbors around the property which I'll go through as well showing what kind of sighting they would view from their location and if this can be seen. Um, I don't know if I could reach that.

8:37Speaker 1

You could take the mic off the stand, too. Oh, I can. Okay.

8:45 – 9:41Speaker 1

So, basically, we have is this is the pergola was built. It's an open pergola. There's a pool adjacent to it. You could see these are in the summer months. We have white pines that line the entire property. Um the previous uh neighbor and I when they were living there, we split the pines all the way across on the property line. There's a stone wall uh which exists right over here. And behind this stone wall, there's also I believe my neighbor, my new neighbor, uh also put some type of wood fencing there as well. Um these are in the winter months. I actually took these this winter um which looks like the end joint. So these particular uh represent what it looks like in the winter as well as over here. And in addition to that, I have some Google Earth uh maps that show this being my property right over here.

9:39Speaker 1

The pergola right here, which is marked marked right over here. Y

9:43 – 10:27Speaker 1

and then the views from my neighbor across the street from me, which ve very far distance. I I basically can't see from the front. And these are the neighbors on Hill Street. I also have another view which is Tyler Court right over here. And I have the pergola which is circled right over here. And you could see the white pines that are lined from here all the way all the way across. And then this is all trees to Hill Street. It's pretty heavily treed. And this is what you could see. Um, it's not that I'm blocking any views as far as a view of a lake or any any view is a view of my house. Really got.

10:24 – 11:09Speaker 1

So, this particular home right behind me would look through into my kitchen. This particular uh home over here would look uh Hill Street is very far from it. All right. So, obviously there's no other property you can purchase to bring it into conformance. Your landlock there, but by lands owned by your adjacent neighbors, right? So, yes. Um, how long has it been there, the pergola? uh May of 2010 it was constructed and we've owned the house for 23 years. No one's ever complained about it. And what how'd it come up? Just it's I think you're selling the house, right? Yes, we are. So that's why this came up. Yes. I guess you didn't realize you needed a permit back then. Correct. Correct. Um All right. Board members, any questions or comments? No. No comments. That looks nice.

11:07 – 11:50Speaker 1

No questions. No question. Good. All right. I'll open it up to the public. Anybody wish to be heard on this application this evening? Okay. Um, it's a beautiful uh pergola, the wall, stone wall. I commend you on the architecture. It matches the house beautifully. So, um, I, you know, it's very well lined with evergreen trees. So, I don't think anyone, if they're here, if they're going to complain about it, they'd be here. So, um, I think you're I think you're okay. We, we've never had anyone come to us and explain. There's This actually has been there. Only one of my neighbors lived through it, I guess you could say. The other two neighbors are new newer neighbors. Yeah. Okay.

11:48 – 12:04Speaker 1

Throughout this, so but we've never had any comments or complaints on it. All right. Good. All right. I'll look for a motion to close the public hearing on this application. Do I have a second? All in favor? Okay. Thank you, sir. Thank you very much.

12:07 – 12:50Speaker 1

All right. Application number two, Allison Boke for a variation of section 156-9 seeking a variance for permission to build a deck on the front of the house. Property is located 45 Sycamore Road, Maho. Tax map 76.5-1- 10. The code requires or allows 25 ft for the front. What's provided is 22.4 or being sought and a variance needed of 2.8 in. And that's that. Okay. Uh, good evening. You all going to be speaking? Yes. All right. State your names and address for the record. My name is Allison Bo, 45 Sycamore Road, Mayapac, New York. Sir,

12:48 – 13:32Speaker 1

Jonah Maddock, 45 Sycamore Drive, Mayak, New York. Anthony Vino, 50 Sycamore Road. You could use the other mic, too. Put the mic up. So, that's easy. Ra, raise your right hands. Swear to tell the truth, the whole truth, nothing but the truth. So, help you God. All right. Bring us through your your case. So, we're requesting permission to build a deck on the front. When we bought the property, it was overgrown to the second floor, and the neighbors were complaining how horrible it looks. So, we want to put a pretty white uh deck on the front with a row of hydrangeas. It'll blend in with the character of the house and the character of the neighborhood. We have a letter of support from our

13:30 – 14:13Speaker 1

our neighbor directly across the um way that's most impacted by the uh the deck and we think it'll be an overall improvement to the property and to the neighborhood. And these folks are on which side? The lake directly across from us. Across the street. Okay. Yeah. So they'll be the one to see the deck because they're directly across from us. Yeah. And I understand why. I mean you want to capture the the view of the lake. So, it's it's really usually uncommon to have a deck in the front of the house like that, but in this case, we're going to make it look like a front porch. We have a um Anthony here has done a beautiful rendering to show what it will look like. Oh, that would be great. You want to submit that,

14:09 – 14:48Speaker 1

please? Sure. Yeah. What's that? That's a wire railing. Yeah, they're just doing a cable railing system and then the four feet that it's off the ground. Okay. Um the four feet that it's off the ground, Jonah has a landscaping business. He's going to uh plant a row of hydrangeas. Yep.

14:46 – 15:27Speaker 1

Yeah. the the the guys the problem being is that when I took the measurements in the beginning I measured all the way down to the road so he has 12 feet from the road into the property that he doesn't own the right way. Yeah. So when the survey came out I realized that they were 2 and 1/2 ft short from the setback and that's what this is all about. All right. Sounds good. Thank you. All right. I'll ask the same question. There's no property you can buy, right? You're pretty much landlocked. You're up against the road anyway. So, it wouldn't help that situation. That's correct. You spoke to all the neighbors on on every side. No issues if somebody

15:25 – 16:09Speaker 1

uh I spoke to the neighbors on the left side, showed them the drawing. They were fine with it. The neighbor across the street. And I did not speak with the neighbor on the right. I don't know them yet. We haven't moved in officially. Okay. But you guys are renovating the whole house. It looked like under total construction. So, um All right. Board members, any questions or comments? Looks good. Good luck. Nice down here. Good. Anybody in the public wish to be heard on this application? Speak now or forever hold your peace. All right. I'll look for a motion to close the hearing. So move. Second. All in favor? I. All right. Thank you guys. Thank you so much. Appreciate it. For the record, we just put in the fold.

16:08 – 16:53Speaker 1

No, that's what this fold is for. Okay. This way uh Dawn sees it and puts it out. All right. Application number three, Matthew Simone for variation of section 156-9 seeking a variance for permission to retain garage edition. The property is located at 20 Redbrook Road Mopac Map 74.12-1-18. Uh the code requires or allows 15 feet to the side. What's provided is three feet. So, a variance of 12 feet is being sought. Good evening. Good evening. Just speaking to the microphone. State your name and address for the record, please. Matthew Simon, 20 Red Brook Road. May you pack?

16:51 – 17:35Speaker 1

Raise your right hand. Swear to tell the truth, the whole truth, nothing but the truth. So, help you God. I do. All right. Thank you. So, uh, I got my numbers mixed up here. Sorry. All right. So, the garage is built and existing. Yep. How long has it been there? Since November 2024. And you didn't know you needed a permit? No, I'm 29 years old. I bought a house when I was 24. I thought you could just kind of Okay. build what you wanted. Lessons learned, right? Lesson learned. Yeah. Um what's uh you're connected to an existing garage, right? Correct. What is the use inside that? Cuz I saw an HVAC unit.

17:34 – 18:18Speaker 1

Yeah. It's for my personal car, climate controlled. Okay. So yeah, for what do you a car collector or something? Yeah, I have four of my personal cars and I have jet skis, quads, so and they're all in in that space. Yes. Okay. Um, you know, we just making want to be concerned there's there's no running water or any there or electricity? No running water, bathrooms or anything? Nope. Um, [clears throat] again, I'll ask the question here. There's no property you can buy to bring this into conformance. You're pretty much close to the back of the property line. Uh, I wanted to have built it on the other side. You you probably see the survey in front of you. Yeah. But it would have required a lot of back fill, retaining walls, stuff like that. Down. It was out there.

18:16 – 19:01Speaker 1

Yeah. It's a slope, so it would have costed a lot more money, been a lot more work. I probably wouldn't have needed a variance to my understanding now, but it just wouldn't have made sense. No, you probably would have still needed one because if you're keeping it on that same line. Yeah. I'm not I'm honestly not too sure. Yeah. All right. Um, I same questions here, too. You talked to your neighbors? Yeah, I behind I honestly wanted to once it went up, all my neighbors told me it was beautiful, so no problems. Okay. How long has the other garage been there for that's tied into that? I bought the house with. I'm not exactly sure how long it's actually been there. Okay. How long have you owned the house? Since April 2021.

18:58 – 19:33Speaker 1

Okay. It looks like it's it's one side of it's like pretty old. Yeah. So yeah, the garage is probably original to the house. Okay. All right, board members, any questions? We'll start down here. Will no questions. No questions. You guys down here? All right. Anybody in the public wish to be heard or speak on this application? Okay. I'll look for a motion to close the hearing. So moved. Second. Do I have a second? All in favor? I All right. Thank you. Thank you. Have a good night.

19:30 – 20:15Speaker 1

You too. Hey, lost my agenda. All right. Um application number four, Neil Mc McMahon for variation of section 156-9 seeking a variance for permission to retain existing shed properties located 179 Austin Road Mopac and it's tax [clears throat] map 64.17-1-9. Um the code requires or allows 10 ft and that's to the side. What's provided is.3 feet and a variance needed of 9.7 ft. Good evening folks. Good evening.

20:14 – 20:57Speaker 1

Good evening. All right. State your names and address for the record. Uh name is Neil McMahon, 179 Austin Road, Mayapac, New York. Jacqueline McMahon, 179 Austin. Turn the mic down to your mouth. There you go. Jacqueline McMahon, 179 Austin Road, Mayapac, New York. All right. Raise your right hands. Swear to tell the truth, the whole truth, nothing but the truth. So help you God. Yes, I do. All right. You don't need to fill that out. That's only for anybody in the public that wishes to be heard. We already have your information. So, all right. Uh, I was out there the other night and the shed's been there quite a while, but then you had to repair it, right? Yep. And little did I know when we were selling the house, it would it would come up in question. So

20:55 – 21:37Speaker 1

So how long was it there, the the original one? The original was there since 1978. So it's been a while. So if anyone had an issue with it, it would have would have been brought up a lot sooner. Well, yeah. But you didn't know you needed a permit or variance at the time. Well, yeah. Once we get I guess the way it goes you get the variance first and then the permit. Yeah. Yes. Yeah. Um and we have four letters from our we got four supporting letters for the neighbors. So Okay. Thank you ma'am. Uh Michael Weiss in support doesn't have doesn't give an address here. Uh

21:34 – 22:32Speaker 1

21 Austin 21 Austin Road. Okay. Um, this is from Sharon Bell and she is at 188 Austin Road. Uh, Tracy Perez from 192 Austin Road in support. Um, all right. And then, uh, Annette Simmons, she does one. No, she doesn't get Oh, she's uh at 180 Austin Road. Okay, just we'll submit that for the record. There's no other property you can buy to bring this into performance. Obviously, you're landlocked over there on that side. But being there the other night, the nearest house, I don't know if you all saw it. It was like 70 80 ft away. So, it's kind of well wooded and screened.

22:29 – 22:58Speaker 1

So, I I have no problem with this. It's basically been renovated. It's a brand new looking shed. So, that's good. Um, any questions or comments from the board members? Questions? Good over here. You guys are good. All right. Anybody in the public wish to be heard on this application? All right. I'll look for a motion to close the public hearing. So moved. Second, Julie. All in favor? All right. Thank you guys. Thank you. Have a good night.

22:55 – 23:40Speaker 1

Have a good night. All right, moving right along. Application number five, Savarice Family Trust [clears throat] for a variation of 156-9 seeking a variance for permission to retain existing gazebo which is set back 9 in from the side property line. The property is located at 15 Woodvine Drive, Mahopak and tax map 76.18-1-1. So the code requires or allows 20 feet to the side. What's provided is 9 in. So a variance of 19 feet 3 in is is required. All right. Good evening.

23:40 – 24:16Speaker 1

Good evening. State your name and address for record, please. My name is Ralph Savaris. I live at 15 Woodbine Drive. Raise your right hand. Swear to tell the truth, the whole truth, nothing but the truth. So help you God. I do. All right. Uh I'll ask the same questions. How long has this been here? Um, I uh assembled it in 2019 to provide some shade down at the pool area. It's a storebought gazebo I bought from BJ's. So like like a kit, right? Yeah, basically. Um there's no property you can buy to bring it into conformance. No, next right next door is my neighbor's property.

24:14 – 24:58Speaker 1

Yeah, it's on that side. Um I was out there the other night as well. It's pretty meticulous. Nice property and um wellkept. Uh this is a shed. You had a I bet you had a hard time seeing it. The gazebo. Yeah, I couldn't. Well, you got you're pretty fenced off on both sides. Actually, it's just peering over the top of the fence, which is I think a sixoot fence anyway. Yeah, I I think there might be like four or five houses in the area that could even see it. Okay. Yeah, we did receive a letter of support from William Galley from 11 Woodbine Drive and another from my uh neighbor Mike Daly. Those are my two next door neighbors. Mike Daly. Yeah, Mike Daly. Yep.

24:55 – 25:31Speaker 1

Okay. So, that that helps your case. Um, I've also provided a survey to show you where it's located. Provided an aerial view from Google as well. Um, as well as some pictures of the gazebo and uh and some drawings as to how it's built. And I guess that that shed, right, was was granted back in 93. Yeah. 93. Yes. So, it's kind of in line with the shed along the property line. It's hidden by the fence. I think you really just see the top of the roof, but like you said, it's it's providing good shade for pool area.

25:29 – 26:14Speaker 1

I mean, there's virtually no other place to put this on the property cuz it's for shade within the pool area and it's 10t by 12. That's the only place on the pool decking that's 10 ft. Everything else is less. Yeah. So, it doesn't end up in in the pool itself, right? Yeah. And if I try to put it on the other side, it would be over my septic. [clears throat] And there's also a drop off in the property. So, goes towards the pond back there. Okay. All right. Board members on this one. Any questions or comments? No questions. Screen the fence. All right. Any input from the public on this application? All right. I'll look for a motion to close the hearing. So move. Do I have a second? Second. All in favor? I.

26:14 – 26:59Speaker 1

All right. Thank you. Thank you. Have a good evening. Have a good night. [clears throat] Application number six, Anthony G. Partillo for variation of section 156-9 seeking a variance for permission to retain an arbor that was constructed on the property. Property is located 305 Daisy Lane, Carmel, New York. It's tax map 77.15-1-10. All right. The code requires or allows 25 ft to the side. There's two feet provided and a variance of 23 feet is being sought. Good evening. State your name and address for the record, please. My name is Anthony Portillo. I live at 305 Daisy Lane, Croell, New York. Raise your right hand. Swear to tell the truth, the whole truth, nothing but the truth. So, I hope you got it.

26:58 – 27:41Speaker 1

I do. All right. Bring us through the situation. How How long has it the pergola been there or the Arbor? Well, actually, it's before the winter. We put I put it up and the reason I put it up, I want to take my wife out and have lunch under there. And just speak up for the mic because it's being recorded. Yeah. I want I want to take my wife out in a wheelchair and have lunch under there. Yeah. She's hand capped, right? Yeah. You said Okay. And uh there we go. That's why we built it. And uh I have a letter from uh my neighbor next door which is uh she's not objecting to anything. And I couldn't get the one on the other side because he's in Florida. Pilada.

27:41 – 28:25Speaker 1

Oh, thank you. Um, so same questions here. There's no property you can buy to bring it into conformance. No property next door to that side. In other words, you can't buy another 20 ft to make this thing work, right? No. Um, this is Diane Burns. Yes. At 315 Daisy Lane. Right. She's the adjacent property. He's actually facing the wooded area on her part. Okay. You know. All right. And she has no objection. No. Submit this to the record. For the record.

28:25 – 29:05Speaker 1

All right. Um, you did it yourself, right? You You're in the construction business. Yes. Okay. Um, yeah. Looked like it was decent construction. It's pitched back for shedding the water. So, I don't know if anyone got a chance to get out there and look at it. Um, it's all pitch back. Looks like it's solid, but And there's a fence on that right side, I believe, as well that helps. Yes. Green it. So, um, it's all lattice on that side. All right. Any questions from the board on this one? A lot of questions, but not for him. [laughter] All right. That's good.

29:03 – 29:40Speaker 1

Anybody in the public wish to speak on this application or be heard? All right, I'll look for a motion to close the hearing. So move. Second by I'll take it. All right, all in favor. All right, thank you guy. Good luck. All right, we're holding over seven and eight till the end of the meeting. We'll skip over to They're here. Did they get here cuz they saw somebody walk in? Mella. Well, they already got um Mella Manuel. All right. Well, we stated we were going to go put them to last. So,

29:38 – 30:19Speaker 1

um, application number nine, Entranceway Partners LLC for interpretation whether to create a building lot compliant compliance with subdivision map or it requires planning board approval for a new subdivision 156-6c13. The property is located at 14 entranceway mahopac and it's tax map 743-1-12. So the code requires or allows two tax lots and what's provided is two and three tax lots. So a variance required none but looking for an interpretation here. Uh who's representing anybody?

30:19 – 31:01Speaker 1

No one's here. That's interesting. All right. Is it Willie? Is this you? Walked in. I don't know. Willie, is this you? The one on entrance way. Yeah. Wow. That was a lot quicker than I anticipated. Hello. How you doing everybody? Hello. You wonder if you're going to show up. Willie, usually I'm like pushed towards the end because Willy's not here. How are you doing tonight? William Berat representing the wars. All right. Did you say state your address? 266 her road may. All right. And sir, you are Anthony Paracone 79 Crak Way.

31:00 – 31:23Speaker 1

All right. Raise your right hands. Swear to tell the truth, the whole truth. Nothing but the truth. So help you God. I do. Just turn the mics to your your mouths, guys. You're both going to be We'll figure it out. I'm loud enough. I don't need it anyway. Yeah, you're loud. Uh, how are you doing tonight? Good. I see some faces. I haven't seen it in a while. All right.

31:19 – 32:57Speaker 1

Um, we are here really for an interpretation versus a um a variance. This is a piece of property in Secor area that's part of an approved subdivision back in the 30s. And in the subdivision approval, I highlighted on the maps that I submitted for everybody uh the section where it says you allowed to build as it was approved probably by the planning board that you're allowed to build a house on two tax slots and in Lake Core as a matter of fact there are a couple of them that I have worked on that's only one tax lot but the majority of them are two 50% two and 50% three lots. Um, in this situation, the people want to sell three lots and keep the house on two lots, which will make them in conformity with the existing approval of the subdivision. And by the way, the subdivision when it was approved was tax and was sewer and I mean septic and well, and now we have, thank God, sewer and water there. Um, with that said, we need your help and because there is no separate deeds and this is not a subdivision that we have to go through. It's already been subdivided. It's already been approved by the planning board and filed by the with in the county of Putnham regarding this. And what we're looking for is just to create a deed for those three lots to build a house on it that will be in total conformity with the town code without any needing any further

32:56 – 33:34Speaker 1

four individual lots. No, there's five individual lots now. Okay. The house is going to be on two, the existing house, and the vacant land will be three lots to build the house on. Mhm. Why are we here for this? Should this go to planning? We here for interpretation from you. I don't think we need to go to the planning board. I don't know what Craig will say about it. Well, Mike, this is an existing approved subdivision, correct? It is. From many, many moons ago. 19 30 30 something. 30, right? So signed in 39, I believe.

33:32 – 34:17Speaker 1

I mean, in the perview of this board, we usually judge on whether it's out of character, which it's not. I mean, every lot in that development is is this is just an interpretation. You don't get into the factors. Mhm. Yeah. Exactly. We need the facts because it's No, I'm again I I'm just saying it's typically what what we think about, right, as a board when we look at at things. So, um, we were just discussing this though. If he does get it here to create the lot, it would probably have to go to planning with whatever that little thing is you drew here to go in there and memorialize file. That would be next step. Just so you guys are aware, the planning board. If this does happen here, it still has to go through a planning setting process. Yeah, it have to go to planning one way or the other.

34:16 – 35:00Speaker 1

If it works, again, that's up to the board. They have to see if they feel that way, but it would have to be memorialized and then filed and then becomes a lot through the county. Correct. Correct. Correct. you then you'd be creating it the second lot with the three strip lots in it. You have the two that already have the the dwelling on it which the way that the subdivision map reads the two lots two strip lots will make a building lot. So he's not asking for anything that's non-conforming with respect to the subdivision right somewhere that's got to be memorialized if now this becomes two lots. I don't know if that's a minor subdivision to me. It's probably not a lot line change, but I don't know if you could do it that way. Read the code, you know, read the state law and see what it says. Starting here is the right place. And I think is it okay?

34:57 – 35:39Speaker 1

I I I think it is. Okay. Because the planning board would move it here anyway, right? If they got it. If they go to planning first, they would be here for variances for three acre lots. Yeah. It's not a threeacre zone. Nobody has three acres there. So there's no They have sewer. They have water. So that's a good thing, right? The whole lake core area is a three acres and the varian it's the LDR zone so it's it's very difficult and the way the house is set up on the lot line Mike the variance is already there the house against the lot line the existing house the existing house is all legal it's all legal if they did a new house they would go by the code this code which is the 1930s code

35:38 – 36:21Speaker 1

that's the first code we have so that's the been an interpretation in the past to use that code if they did get the approval gotcha so They can't use the bulk requirement because one of them is zero and you can't build a house zero, right? Unless you build it out of non-combustible materials and you're not going to build the stone house. I No. No. He'll huff and he'll puff. But [laughter] why not? All right. Um, water sewer, right? Keep that in mind obviously. So, any questions from the board on this? Good. No. You guys good on this side? Yeah. Okay. Would the new house need extensive variances? It will need zero variances

36:21 – 37:01Speaker 1

because it's going because they go to the old code. Exactly. We'll follow the old code. It will be in compliance with the old code without going for I mean it may need variances. I shouldn't say no, but they can design it so it doesn't Exactly. If they overdesign it, it would need variances. But if they do the right thing and build the right house, they can do it without varian. Well, you want to keep within character of the neighborhood. Exactly. We will we'll do it right in compliance without a need for any variances. So fair warning design it right. Yeah. I wouldn't bring it for variance. I had had no All right. Does anybody in the public wish to be heard or speak on this application? Sir, you you raised your hand first.

37:05 – 37:50Speaker 1

State your name and address for the record. And when you do leave, just make sure you uh put your name, address, and and contact info on the uh page there. Yes. My name is Pat Espazito. I live at 15 entrance way, which is right across the lot in question. All right. Raise your right hand. Oh, what's your address? I'm sorry. 15 entrance way. Okay. Raise your right hand. Swear to tell the truth, the whole truth, nothing but the truth. So help you God. I do. Thank you. Uh I'm just kind of curious what uh the intentions are for that lie. I mean, uh, core is crowded. The streets are not that big. I mean, is it really room for another house in that lot? If you look at the subdivision map, I don't have a copy of that map.

37:47 – 38:29Speaker 1

You have one handy. You can really see the layout of the whole neighborhood here. Yeah, it's highlighted there in the yellow. You know, it's uh So, there's five lots there. Yeah, there's five lots. Grab the mic, but only two houses. Yeah, just go grab one of the microphones or you can bring that page back to your to the podium. There's one now and they're going to build one. Correct. Yes. Do that again. There's one that exists and they're going to build one other house. Correct. One house. And where where's this house going to? Just address us, please, sir. At the house in front of Guys. Guys, guys, you have to address the board, please. Willie, go just sit to the side.

38:27 – 39:04Speaker 1

Okay. No, I live right across the street. So, I see from my living room window right across the street into that lot. So, I'm concerned of uh where this house is going to be or how big is it going to be or [snorts] uh Well, you just heard it's going to be designed to stay within most likely within um the constraints of that area, right? Otherwise, they're going to have to come back to us with a variance. And I kind of just gave a fair warning to these guys as they design it. Keep it, you know, within the limits. Right. How big does explain a bit? Probably not out of character of what's there now. Right. What are the side setbacks in that area?

39:02 – 39:44Speaker 1

It says eight and zero, I think, is what the book said when you looked it up. They can't do zero because it's not going to be non-combustible construction. So, they're going to have to be I think it's 10 on both sides is what we've always used. So, 10 ft from each property line on the side and um I think they do 20 on the front and 15 on the back. Okay. and minimum. [snorts] That's including the deck and the porches and everything else has to be outside that envelope. It's going to be one family house. Yeah, it wouldn't be two bedroom, two bedrooms. It depends on the size of the house. You could they could probably get away with three bedrooms, but they might be small bedrooms. So, you got to work within what the pallet that you have like Picasso.

39:42 – 40:24Speaker 1

Yeah, because I like I said, I live right across the street and I'm a little concerned about what's going to go up there. I I can pretty much guarantee it's it's not going to be any any uh different than the typical houses in that in that neighborhood. Okay. And if they if they do go outside the confines, they have to come back here and so they have to come back for another uh zone. if they design it to be outside the envelope, the build buildable envelope, which is what this board is purview is to make sure people can stay within what's a buildable envelope. So he has five lots on that one property.

40:22 – 41:07Speaker 1

One is existing with the house on it already and then the other three will become one other single family. What about those lots? I mean, are they big enough to build on? I mean, I don't know. Indicative that of that neighborhood? Yes. You only need two. That's all you need for that neighborhood. Only two what? Two lots. Two individual building lots. And each lot is how big? Uh I don't know the uh it should be seen on there exact dimensions there. Approximately 20 by 18. So how how big a lot do you need to build on the on the house on? You need two 100, right? So he's got five two lots on the existing house. two lots in the existing house and then the the

41:06 – 41:51Speaker 1

there's three empty lots. Three empty lots that he wants to build on two of them. He wants to build on the on three lots. Three lots. Three lots. How big lots about 20 by 100 each? 20 byt about one's 18, one's how big? I'm sorry. One is 20 by 100, one's a little bit longer because it's on a bend a little bit. Not a not a turn, but a bend. So, it gets a little bit longer. It doesn't have the number on it, but the the longest side is 117. So it goes from 100 to 117 by 60 and by 45 and 15 61 and a half in the front. So it's 60 ft wide. Correct. And up to 117 ft deep on the left side. 117 on the right side standing in the street 100 ft.

41:50 – 42:20Speaker 1

Right. All right. Okay. That was my concern. All right. We have other people that need to be here as well. So just put your name, address, and contact information on that piece of paper. Can I keep that M? Um, the M. Who's that? That came from me. Yeah. Do you mind giving it up to? It's fine. You can you can have it. If not, I'll give came early. All right. So, you guys over there had had a someone wanted to be heard as well. Yeah. The next person.

42:23 – 43:08Speaker 1

Good evening. Good evening. My name is Fernanda Villa Lopos and I live at 23 Ivy Hill Road, which is right. Are you guys together? He's my neighbor. Okay. Well, I'm going to take one person at a time. So, sir, let her go first. Raise your right hand. Swear to tell the truth, the whole truth, nothing about the truth. So, help your God. I do. Okay. Thank you. Uh, so good evening. Um my concern is will they so the house that's there now is that in one or two lots? Two lots. There's five lots all together. The first house that exists is on two of those five lots. So one side

43:06 – 43:24Speaker 1

and then the three available lots is the space between the two. So the the new house is going to be built the long way cuz there's there's a n. We don't have a rendition of the house. And then there's the driveway. [snorts]

43:22 – 43:58Speaker 1

It's most likely that this is going to the planning board. So for those some of those who have concerns about the construction of the house and what it may look like, that's more of a planning board issue. So you may want to go to that meeting once that get once that happens. The the process is once that we make an interpretation because they're only here for an interpretation which will happen tonight one way or the other. If that's a positive interpretation, it'll go to the planning board and they will decide if this will be if they're going to need to go through the process with the planning board. So once that happens,

43:55 – 44:39Speaker 1

my other concern is are they building the house to sell or to rent because I wouldn't want to see tenants every so often. Yeah, that's it's outside the per it's the owner's uh right to do what he wants with the house. So that's my concern. Okay. It's it's an LLC. They don't live there. So, they're interested in making money. So, I've lived there for 32 years. I'm worried for my investment. You own your property. You have the right to do what you want with your property. So, does the same right go to the owner of this propert? Well, not necessarily. You need permits.

44:38 – 45:22Speaker 1

Well, of course. Of course, but within within reason, obviously. So what's it what's legal, right? So So the planning board is going to have a meeting about this most likely if they get through this board. Then the planning board's the only one that can create the lot with that configuration. It would go to them, get approved, and then it goes to the county at that point. They would come to me to build a a house. And when will we know if there's going to be a meeting about this? You get noticed. We get a notice if you're within 500 ft. You do. Yeah. Okay. Just like you got notice of this meeting. Yeah. If you knew about this one, you'll know about that one. Okay. Thank you very much. All right. Sir, if you want to come back up,

45:20 – 46:04Speaker 1

state your name and address for the record. Steve Banti, 17 Ivy Hill Road, Mayapac. Raise your right hand. Swear to tell the truth, the whole truth. Nothing but the truth. So help you God. I do. My property backs up to this property to the three lots right where the new one. She's next to me. Um, again, [snorts] I'm curious what's being built. The property does not end at the fence. My property, according to the survey, goes back to the stone wall that's there. So, what would the setback be from that distance? Well, the rear property, Mike, you said it's 15t. 15 ft to the rear.

46:03 – 46:43Speaker 1

15 ft. You're Npalitana. No. Did you buy from Npalitana? I bought from they bought from the 12. She said that at one point that was all one lot. Hers and mine. So someone did this lot. They only touched Npalitano. [laughter] They put Npalitano and on the other side FRF Corp the the uh gravel park. my Napoleon subdivided my house and his property which is what the when I bought the house it was already

46:42 – 47:27Speaker 1

all right so they're going to have to get a survey done right if not if they don't have one already and they'll have to know where your property line is they obviously can't do anything without coming here for variance to encroach within that 15 ft so the current house there they would be building where the driveway is there would be nowhere to park but the street for those current tenants Certainly, some of them could excavate and chip rock and build a, you know, a retaining wall. So, there's many different variations. We're not even at that step. This is, this step is just to get an interpretation, which they probably didn't even need to do to be honest with you. But, it's the biggest step where you want to voice your concerns as neighbors is going to be at a planning.

47:23 – 48:04Speaker 1

Considers a width of a lot back in 1939. That matter. They're all pretty kind of similar. long skinny lots that are just because that house is there now can't be more than 10 feet wide. It's not and it encroaches on the second lot maybe by two feet. It's almost 20 feet wide. Yeah. So just about 20t wide. Just about every meeting we have a house from from this neighborhood that's coming in for something because they're either going to go up or a little bit out because right they're tight houses. We get it. So, I can almost guarantee, like I said, that the builder, whoever ends up building this, is is going to stay within the confines of

48:02 – 48:46Speaker 1

You could see my concern. He He's familiar with the F FRF lot there that nobody seems to know who owns and hide behind a corporation. I know who owns it. F FRF work. Yeah. Can't get them though. We've tried for it's a parking lot now for landscaping trucks, you know. Okay. I don't want to be at another dumping ground. All right. Thank you. All right. Anybody else wish to be heard on this application? All right, I'll look for a motion to close the public hearing. So moved. Have a second. Julie, all in favor? I. All right. Thank you all. Thank you very much. Thanks, Willie. Thanks, Willie.

48:43 – 50:10Speaker 1

All right. Where am I? Here. McConnell. Uh, application number 10, Joanne McConnell for variation of section 156-9 seeking both area variances and use variances for permission to allow conversion of an existing structure to a dog kennel with associate site improvements. The property is located 605 Union Valley Road, Mahopak Map 76.20-1-42. Um, the code requires or allows 120,000 square feet. What's provided is 61855. A variance of 58145 is being sought. Side yard setback is 50 feet. What's provided now is 20 ft. So a variance of 30 ft is needed. Kennel setback is 20 ft. Uh I mean is requires or allows 100 ft. What's existing is 20 feet. So a variance of 80 feet is being sought. Fence height of six feet is required. What's provided is 8 feet. So a variance of two feet is being required. Uh the code requires or allows a vegetative buffer required. There is no vegetative buffer existing. So a variance is being sought for that. And then a loading space um is required is one required. What's being provided is zero. So variance is being sought for that as well.

50:08 – 50:51Speaker 1

All right. You are all speaking. Yes. All right. So state your names one at a time and address for the record. Joan McConnell, 605 Union Valley Road, May Park. All right. Lindseay Magcguire, uh, civil engineer representing Joanne from Modern Engineering. And what's your address? Uh, our work address. You use your business address. Yep. It's 261 Madison Avenue, New York. Okay. And make sure you put that sign in with that. Yeah. Phoebe Douglas, civil engineer, also um working with modern um 261 Madison Avenue. Same address. All right. Raise your right hands, please. Swear to tell the truth, the whole truth. Nothing but the truth. So, we'll help you God. I do.

50:50 – 51:10Speaker 1

Okay. Who's going to be leading us through? If I could just take a minute to explain why I'm looking. Sure. Just speak clearly and loudly into the mic. Okay. Hey, just one second. Hey, Willie, can you guys take it outside? Thank you. Okay, I'm sorry.

51:08 – 53:07Speaker 1

That's okay. Up until October 14th, 2018, my husband and I were literally living the American dream. We had both come here from Ireland in 1997 with nothing more than two small suitcases. Young in love and not a care in the world. We worked hard and little by little we created a life together. We made friends, we got married and we started growing our family and our Sunday drives searching for the perfect neighborhood. A little reminder of home landed us in Mayapac. The woods, the trees, the windy roads, the little shopping area. It was all perfect and it just kept getting better. Preschool, sports, dance, gymnastics, all brought new friends into our lives. [snorts] And then came Fulmer Road, arguably the best elementary in the district. You can't put four kids through the elementary school without becoming friends with everyone. Friends that become family. Life was wonderful. We had everything we ever wanted until October 14th, 2018 when the doctor said stage 4 lung cancer metastaside to the bones and lymph nodes. We had a first, third, fifth, and seventh grader. And all I could think that day as I waited for them to be brought to me for pickup was, I'm going to be the first person to break their hearts, but I'm supposed to be the one who protects them. Once we got over the shock, we decided we had to do everything we could to fight this, but also prevent cancer from changing the trajectory of our kids' lives. So, we decided there was no room for anger. We skipped the why us and this isn't fair because why not us? Cancer doesn't care that we made a promise to grow old together. That my world was always okay as long as Owen was in it. That I didn't know who I even was without him. that he was an amazing father. He was the funny one. I'm the practical one. I'm not funny. So for three years, we showered the heavens

53:05 – 55:02Speaker 1

with prayers pleading for miracles. During that time, our community, Fulmer, Mayapac, Sr's, Carmel, our Irish friends in Woodlon, Ireland, England, and Australia. They rallied. Messages galore, donations, fundraisers, and most importantly, a listening ear and someone to cry with. Year four was when things started to shift from slow growth and more tumors to extreme pain. A broken rib from a small burp after breakfast and hearing the targeted therapy wasn't working anymore. Our Hail Mary was more radiation and add chemo. Chemo, the one thing the doctor on day one told us wouldn't help Owen's type of cancer. That night, as I helped Owen off the couch to help him to bed, he held me tight and he said, "I need you to promise me something. I said anything. Don't let me give up." He had asked me to make the first promise to him that I knew one day was going to I was going to have to break. But I didn't think twice because in the moment he needed to know that I was never going to give up on him. Not until he had nothing more to give. Unfortunately, the chemo brought a barrage of complications. All while suffering terrible bone pain and a broken rib, he got violently sick. The man that had he eaten the most god-awwful concoctions I made for him. Anything that I could find that helped other patients with pain or inflammation. Some were green, some were orange and thick with pulp. And this angel of a man chugged it down. And whether it did or didn't, he told me it helped. Owen now couldn't stand the smell or thought of food, and he stopped eating. a chest infection, blood clots, and then CO followed. On Wednesday, the 9th of November, I showered Owen and practically carried my once 6'2 tall, dark, and handsome to the car. His oncologist had told me to bring him

55:00 – 56:59Speaker 1

straight in when I called him with an update. I had no idea that that was the last time Owen would leave our house. When I visited him Saturday morning, he was very agitated. He was speaking fast and just not himself. The first thing he asked me was, "How long was it until Christmas?" I said, "About six weeks. Christmas was always our favorite time of year, and he desperately wanted to be here for one more for the kids. That seemed like a long time," he answered. My heart started pounding. This was the moment I had been dreading for four years. He was ready. So, at that moment, I broke my promise. And I said, "Owen, if that seems like too long, it's okay. I You have done enough. You gave the kids and I so much in the last four years." And I made him a new promise. I said, "I promise you, we will be okay. I will make sure the kids don't forget what's important, that they stay on their path, and cancer won't steal anything more from us than it already has." The oncologist told us that day that Owen had days, two weeks left. The next day, the kids were allowed to visit him and he was amazing. He spoke to them individually and together. While they were together, he told them to remember what's important in life. Honesty, integrity, and a life of service. Then he told them that there was one more important thing, and in fact, this was the most important thing for them to remember. and he said, "Don't pick someone to settle down with unless they are a Jets fan." [snorts] That was who Owen was. His last words left them with a forever smile. The next day, I got a call from the hospital at 8:00 a.m. Things had taken a turn during the night, and after a full day of his friends visiting him at the hospital and

56:56 – 58:23Speaker 1

saying their goodbyes, Owen quietly passed. After waiting for everyone to leave and with all six of us together just like he had wanted it to be. Since then we have spent three and a half years doing our best to honor him in every way we can. We talk about him every single day and include him in everything we do. But there are other responsibilities that make life difficult. Losing the bread winner is difficult. Going from a two parent household to one, everything still costs the same. And as the kids get older, cars, insurance, and something I still don't want to talk about, college, it all becomes impossible on one small income. This barn was a dream Owen and I talked about from shortly after we moved in, and we discovered that it was once a boarding facility. We spoke to Mike about a few months before Owen was diagnosed, and we were as far as having plans drawn up and paid a deposit. But once the diagnosis came, we knew we needed every penny to fight the cancer. and the dream was put on hold. This business would help me fulfill my promise to Owen. It would facilitate the means to help my kids through the next few years until they are on their own feet. It would alleviate the stress that comes with owning a house with maintenance and repairs. It would bring some joy back to our lives. And like I promised, Owen, we would be okay.

58:21 – 59:06Speaker 1

Okay. Thank you. Sorry for your loss. Thank you. Um, as far as the process here is, this has already been built. Did you not know like you needed to go get approvals beforehand instead of building this and then going for it afterwards? Maybe you can speak to that. Yeah. So, I think the history of this property is important. It was once a much larger property that was a former dog kennel facility. It was then parcled out. This barn existed on that property when it was a larger property. and then when it was parcelled out and then when the McConnell's moved in 19 years ago, it was still there. So, they've done some renovations and um just put a new

59:04 – 59:43Speaker 1

It's not new construction. It's been it's been renovated to an existing size and shape and and everything's existing. Yep. So, same existing offsets and everything. New building. Well, it's a new building, right? There was a building but on the existing footprint. Yes. [snorts] That's Does that cross to self creation? Well, that's why I'm asking. I mean, I know because that just they're not here for the area variance for the garage if that's what you're asking. I couldn't hear you. So, no, you I'm I'm going use variance in my mind. There's a use variance. It is use. It says right there for both use and both area and use variances, right? Yeah.

59:42 – 1:00:00Speaker 1

So, I'm worried about self-creation because that'll torpedo use variance too, won't it? Who owns the blue raised ranch on the left side? Is that part of the lot? That's our home. That's part of your home. Is that all one lot? Yes.

1:00:04 – 1:00:28Speaker 1

Have you ever um put financials together of how this business is going to work? Because that's part of this too. Once you're into use variance territory, it gets very very specific. So did I mean you guys as as engineers with that?

1:00:25 – 1:00:54Speaker 1

Yeah. You guys are familiar with the criteria for use variances and area variances. The the way we've explained for the way we've understood it for the use variance in town of Carmel is that this is a low density residential and it would need to be made commercial with specific setbacks for the use variance of converting to a dog kennel facility with the lot area etc. Um but state law dictates go ahead.

1:00:52 – 1:01:37Speaker 1

Yeah. So let me let me read you the criteria for a use variance. Right. So all of these must be proved all four of these these items. So an incapable here read it better. Incap number one is incapable of earning a reasonable return if used for any of the allowable uses. A dollar amounts must be shown. Right? So you know if it was once a kennel, Mike, did we know that for a fact? The property was but that kennel was divided off to the neighbor. Mhm. All right. So that I'm pretty sure that that's once that use went away. It's this was a house. Okay. Okay. but opened the whole thing together was and I think it was Lundy am I correct that they were the owners gold

1:01:36 – 1:02:01Speaker 1

yeah but I think it was Lundy before gold piney farm yeah and I think that's who did the subdivision initially and then it was a um the dog kennel went to the other property and the house is the house but once that use ceased for at least a year it's but once they divided it it lost it anyway they lost it anyway because it's subdivision right that's why they're here for a insurance.

1:01:59 – 1:02:36Speaker 1

All right. And then number two is the property is affected by unique or at least highly uncommon circumstances. Number three will not alter the essential character of the neighborhood. And number four, it's not self self-created, which in this case, which Sylvio was alluding to, is that this has been self-created. You know, the fact is, like I said, you're going for this after building and renovating this building. This it's cart before the horse. You know what I mean? Should have been the other way around. Do anything first because this will get overturned in court in a second.

1:02:37 – 1:03:19Speaker 1

So, uh, you know, my recommendation is probably to seek counsel on this or, you know, try to help develop a little more of the history or or what [clears throat] also We're going to need the dollar amount. Show financial amounts. State law dictates that. There's not much we can do here for the financials. So, we can do a business plan. Um, I'm thinking there are probably people here that want to speak. Yeah. No, I'll for that. I just we want to go through the process here though to to help guide you in one instance but you know we also have to hear what neighbors and other people want want to

1:03:18 – 1:04:02Speaker 1

have their opinion about right they're your neighbors that they have a right to speak on so um I don't know the board have any other questions as to we didn't even dive into the it's a use area variance is a there's a lot of yeah area variance is pretty simple the use you have to show you you must show the following and you have to show the in the uh earnings. You have to really show it and wait where the earnings are. You have to show that you can't get a reasonable return using the permitted uses I believe. Am I correct? Yeah. It's uh incapable of earning a reasonable return, right? That's got to show that

1:03:58 – 1:04:42Speaker 1

of that house of that lot residential. Correct. Yeah. I mean I'm sorry. What was the question? I'm sorry. So, so it's it's a residential lot, correct? So, it's not like you bought an office building and you want to convert it to an apartment because you can't rent it out to offices. It's a residential. So, how do you be it could be turned into a useful residential, right? And I think it's with the idea of keeping in line with the rest of the neighborhood that there are a couple small businesses sprinkled throughout and this would just be one that kind of melts in with the rest of the neighborhood. If you drive past and see that barn, you're not going to think it's a dog kennel. It's just a really nice barn,

1:04:42 – 1:05:11Speaker 1

right? Is the barn on the same lot as the house? Yeah. Yeah. It's all one. Yeah. If it goes in there today, so it would have to be sub subdivided to [clears throat] get a reasonable return. have to subdivide the property, which they'll never do because they only have an acre and a half. That's not close. Do you have any comments on the self-created aspect of it?

1:05:10 – 1:05:53Speaker 1

I don't think it's viewed as self-created because it it was replacing an existing building right in the place. And at that time when it was being replaced, I think it was just because it was in such a state of disrepair, it was it was just replaced in that exact area. And that's what made sense for the site with how vehicles move in that area and everything else. It's just always been there. Why no vegetation buffer? I think that might be a typo. We have zero issue with a vegetative buffer. [laughter] So you can disregard that one. Well, we I think that would have been conditioned accordingly. [snorts] Sure. And I mean the loading space as well. We've worked around that. We don't require loading space.

1:05:50 – 1:06:18Speaker 1

You don't require loading space. So, it's really the setbacks and the garage for safety. I'm sorry. Garage door on the property. That's No. Well, I mean, there's a garage door, I think, just for access to potentially bring something in, but it's not the main use. What is that little structure in front of the barn? It's a well. It's a It's a wellhouse that will be removed for this.

1:06:21 – 1:07:05Speaker 1

Does Does this have to go through planning? They bumped it up to they're at planning and planning would address noise, barking dogs. Yeah. Yeah. Stuff like that. Okay. You have a hill to climb, parking with that stuff, lighting, everything that would be involved with. All right. Any more questions from the board? No. Comments? John Rose? No. All right. At this point, I'm going to open it up to the public. Whoever raises their hand first, sir. All right, guys. Can you step aside and let us let the public be heard? Just don't forget to write your name, address, and contact info on that paper when you leave the podium.

1:07:06 – 1:07:28Speaker 1

And speaking to the mic, yeah, just turn the mic to your mouth. How you doing? Um, [clears throat] and address Steve Dale. Um, 580 and 582 Union Valley Road. Directly across the street from the McConnell property is where I live. Okay, raise your right hand. Swear to tell the truth, the whole truth, nothing but the truth. So, help you out. I do, sir. All right. Go ahead.

1:07:26 – 1:08:28Speaker 1

Um, Mrs. McConnell has self-created the the need for these variances by trying to start a commercial business in a residential neighborhood. She created this circumstance and it will have a direct impact on all the all the neighbors because of close proximity of the houses. She's only approximately 120 ft from my my property, you know, the kennel part. So, um I don't want to hear barking dogs at my house all the time. Every time I come out out of the house, the dogs are going to go crazy. You know, I'm outside a lot working, you know, around the yard and and in my garage and it just go, you know. So, that being said, I I uh I made a a I made some things for the board I want to speak on real quick. And uh I wanted to give the board a copy of an easement, which she on our application said there was no easements on the property. Well, there's easements for septic as well as water.

1:08:26 – 1:08:47Speaker 1

Did you send I think we have that. Did you send this? We have an email from Steve. Yes, that's me. That's you. All right. All right. So, we got it. Yes, I think so. Yes. You have the copies, we got it.

1:08:44 – 1:10:04Speaker 1

Um, I want to start by saying I [clears throat] want to start by saying I don't want to be here tonight to oppose this, but I feel like I have no other choice. If the board grants these variances and allows Joanne to do this, it will cause both my tenant and my septic to fail. She knows this because I've had multiple conversations with her, both her and her late husband Owen about this and the fact that the property couldn't support what they wanted to do 5 years ago because they showed me the plans. So this they planned this five years ago to build this building and I said that the property given the easements and the water the water problems you know where I got I'm sorry let me continue she basically misrepresented to the board by saying there's no easements on the property so that she could get this to pass and when in fact there's both you know the water and the septic. She cannot claim she's unaware of this because she calls me every time we have no water because I've maintained the well the whole time since they've lived there and it's a [clears throat] I've also maintained my septic on their front yard the whole time they've lived there throughout the years. Her front yard currently holds three septic systems.

1:10:00Speaker 1

Wow. So, it's your your two pieces and they're

1:10:04 – 1:10:55Speaker 1

Yeah. I'll I'll um her tank 400 ft of fields suitable for her four bedroomedroom house, but Joanne has added two more bedrooms to her house without adding the extra fields to support the new sixbedrooms that she has that she was renting out last year, and it caused her fields to flood and back up into her house. This is not enough. There's not enough room in her front yard to expand this uh due to my septic sharing the front yard. My tenants fields are there as well as my tank and my fields. So, all of these systems are already struggling because we live in I don't know if you've been to the site, it's it's basically like this. We're at the very bottom of two hills. So, all the water flows down to the bottom.

1:10:53 – 1:11:23Speaker 1

The easement is for your septic to be used on on her property. Yes. And everything crosses the street. piping. Yes. Underneath the street. My house was built in the 1800s. So, it was predating everything, right? 18 1899 and uh 19 or 1850 and 1899 were the build dates of the houses. So, back then that was all one that was a farm. Okay.

1:11:19 – 1:12:02Speaker 1

And it went under the road. Um um so my basically hers her fields are there 400 ft and then it gradually slopes down. Mine is at the very bottom of the property. So any extra water that she adds to her, you know, onto there like a dog kennel or what have you, it's going to flood the whole front yard and then it basically my septic becomes useless. Um, she can't say that she doesn't know about the easement because I gave them a copy of the easement when they moved in there. And you know, like I said, I've maintained, you know, my tank and my septic.

1:12:00 – 1:12:44Speaker 1

And just one quick second, Mike, that's confirmed, right? There's an easement. You have it in your I didn't see it. You guys have it. Was this brought up to the planning board when they neg? We didn't get there yet. Her application said there was no easements. No, they didn't. planning did a neg negative declaration on this. Wouldn't that show up in the seeker? No, it hasn't gotten Yeah, I don't know the answer. I Yeah, I'm just I don't do that that part of it. That's Billy Pat does the negative deck and then the planning board votes on it. So, I'm not sure what was brought up. Did you send it to planning respond once you finish? Yeah. Did Craig's signatures on the No. Did he send that easement to planning? Did that go to Yeah, the planning board.

1:12:42 – 1:13:23Speaker 1

Excuse me. Did that copy of the easement go to the planning board? As far as uh Rose said that it went to the planning board and also the zoning board. So, everybody should have a copy of that. When did you send that? Uh I I don't have the date when I I spoke with Rose. I'd have to look it up on my phone cuz I when I sent Was it months ago? Oh, yeah. Months ago. Yeah. Okay. So, but we just got we got a copy. I'm just I'm asking why planning and I I followed up and she said that she sent it to everybody. Okay. Uh, and Rose. All right. Go, go ahead. Continue with your point. Sorry. So, our well is currently struggling because we got four houses on it already.

1:13:20 – 1:13:39Speaker 1

We We have Joann's, we got Kevin's, my tenant, and myself. It's a shallow well. It's only 30 ft deep. And bathroom facilities being added to this barn. If Exactly. I think I saw that.

1:13:35 – 1:14:19Speaker 1

Exactly. That's my concern. Um, uh, last year she was texting me and and and calling me and saying, uh, we don't want you to flush the the the toilets or take a shower. You you guys shouldn't do it because we're going to run out of water. She was concerned about that. Yet, she hooked another another line onto the well, so it makes five now. I'm just confused as to, you know, how she thinks that this plan is going to work. I just I said I hate to even be here but cuz I've been very close with the family throughout the years but I feel like I'm going to lose if this goes through. You got to protect yourself. We understand.

1:14:16 – 1:15:29Speaker 1

Um I mean she's complained also multiple times, you know, cuz the houses are like I said it's it's only you know 120 ft to you know 130. So, she's complained about noise from my tenants and and flashing lights entering her her bedroom and bothering her, but she claims that dogs barking next door are not going to bother us, which that's just I don't, you know, I don't understand that. The extra traffic in and out of the driveway because she's, you know, planning on having up to 15 dogs supposedly in and out is going to cause an unsafe situation for both my tenants and myself because we have we have multiple accidents there all the time, including rollovers, uh, four or five car pileups, people, you know, it's just crazy. It's Armageddon there. Um, so allowing the the dog kennel less, allowing the dog kennel there is going to decrease my property value because I'm potentially looking to resell, you know, in the next, you know, four or five years and move south. Um, it's going to decrease my property value. Who wants to buy a dog a house directly across the street from a dog kennel? Let's, like I said, it's under 130 ft,

1:15:27 – 1:16:06Speaker 1

right? Um, so I ask you to deny the application. And again, I'm sorry. I really didn't want to be here. I've I've helped the family. I've I've done plumbing over there. I've done electrical. I' I fixed their boiler. I plowed their driveway. So, this breaks my heart to even have to be here. But we got I don't feel I have a choice. I have one question. At the beginning, I think you said that they brought up to you several years ago. Five years ago. Was that before they did these renovations to fix the barn? And it's not a renovation. They tore the building down and built a whole brand new building

1:16:04 – 1:16:47Speaker 1

according to the plans that they showed me 5 years ago when no one was still alive. So, you know, I this is that's all I need to know. It's it's it's she created this. So, the goal was always to use the barn as a kennel. Yes. She showed me the plans with a dog washing station and a bathroom. And like I said, I've been very close with the family. So that's why I said it breaks my heart to be here. And the old kennel was not on this lot. No, it it's on the adjacent property, which is still an existing kennel now. It's still a kennel. Yes. So she wants to have two kennels right next to each other. Yes. Okay.

1:16:45Speaker 1

All right. All right. Thank you. Thank you. I'll I'll let you respond, ma'am, to get to any of the comments.

1:16:53 – 1:17:38Speaker 1

Yeah. Thank you. I just want to clarify the easement. I think it was me maybe at a previous planning board meeting saying we did an easement research within the town of Carmel records and we didn't find one at that point. I think an email did come through. We weren't able to find that in records, but I don't think anyone's contesting that there is an easement access and this um kennel isn't going to interfere with that in any way. In the planning board, we've addressed many issues. One of those being septic. There is no hookup other than having a half bath there for the use whether it's the homeowner in the residential home or whether they're in the dog kennel because there's no external employees coming on site. But there's also water usage as well, right? Because you're dealing with

1:17:37 – 1:18:21Speaker 1

you have to give the dogs water, you have to clean out the cage, the kennels, you have to give them bath. So there's definitely a water usage issue there. So and that was addressed in the planning board meeting. So, this is not a kennel that has grates on the floor that you might see where people hose everything down. That's not one of those. This is meant to be more of that home away from home situation. If there were to be a mess, it would be cleaned up with cleaning products and paper towels. This is not a grooming facility. If a dog were to create a big mess on itself, there would be a bathing station for those one-off situations, but there's not going to be a paid service for bathing. This is just they will have water. Yes. But you're talking about 15 dogs being there at one time

1:18:20 – 1:19:04Speaker 1

up to 15 dogs. Yes. So just the waste alone is property. Right. And we have worked out that's going to be taken away on a weekly or maybe more frequent basis with a company. It's going to be put into garbage cans. [snorts] Okay. You responded to his comments. Sorry. Anyone else? Hi, my name is Kevin Fro. I live at 597 Union Valley Road. I actually own the kennel next door. All right. You said your address. I'm sorry I didn't hear. 597 Union Valley Road. All right. Raise your right hand. Right hand. Swear to tell the truth, the whole truth. Nothing but the truth. So help you God. I do.

1:19:03 – 1:19:42Speaker 1

All right. Go ahead. Okay. First I want to say very sorry about Owen McConnell. Great guy. We used to drink together. Just speak to the mic, please. Great guy. We used to drink together. very sorry about that he passed away. It's it's a very sad thing. All right. This was originally the Lundy property. The houses were divided. Steve bought the two houses across the street. She they well not them, but someone else bought the the house and the barn and I bought the kennel and the 44 acres to have my kennel there. Then I built a house there. Right. How many acres you have? I'm sorry. Excuse me. 44. 44. That's what you said. Okay.

1:19:40 – 1:21:40Speaker 1

I'm all over. I have owned all the property behind their house and the two and the house is down behind his house. It's a big piece of property for a kennel, right? That's what that's why it still has a kennel. All right, let me just say so I live at 597 Union Valley Road right next to the McConnell's. I've been a professional dog trainer for 35 years. I specialize in canine behavior and have been working with dogs my entire life. I've worked about just about every corner of the dog business you can think of from being a dog walker, a veterinarian technician. I professionally managed kennels. I'm a I was a breeder of Labrador Retrievers for 15 years and I also competed in obedience and confirmation as well as judging dog shows. I have run my kennel at Union Valley Road for the past 26 years and I have always been considerate of our impact on our neighbors and it continues to be a very high priority for us. I feel we have been sessful successful in doing so because we've never had a complaint against us in 26 years. After attending the January 28th planning board meeting and watching the two subsequent meetings on YouTube, there were questions asked by the planning board that I felt were not answered truthfully or at all. They just kind of went on to the other things after asking questions. Number one, there's a shared well on the property. The agreement between the McConnell's, Mr. Deo and I covers four buildings, the McConnell House, Mr. Deo's two houses, and my kennel. It does not provide for this new barn, which never had water supply to it before. The well line was cut into, and a new line was run to it when they recently built the barn. When asked by the planning board about water for the newborn, Mr. English from M &D Engineering replied, and I quote,

1:21:38 – 1:22:41Speaker 1

"Yes, there's an existing line to the barn." But the only reason there's a water line to the barn is that they cut in to it for the new building of the barn. It's actually how I found out about Mrs. McConnell's idea for putting in a kennel. Mrs. McConnell called me and told me the water was going to be cut off. When I asked why, I was very surprised to hear. She told me she was planning on putting up a boarding kennel. I didn't say anything. I try and stay out of people's business. Believe me when I say I do not want to be here in front of you guys. I've been doing this for 26 years. I've had no problems at all. Adding a pack of dogs on the other side of the fence from our pack of dogs is going to cause problems. We're barking and it's going to stress out both packs. We live in a valley, Union Valley. The sound stays in there. You guys on this on this thing must know that because everybody's complaining about the gun club, right? It's really loud in there. [sighs]

1:22:39 – 1:22:59Speaker 1

Uh I have a hard time keeping my dogs quiet just from one dog up on the hill barking, right? Like, okay, dogs, be quiet. There's one dog up there. If there's a whole pack of dogs on the other side of the fence, that's going to be a problem. All right, just do me a favor. try to get to your points quickly because we looks like we got a packed house.

1:22:57 – 1:24:42Speaker 1

When I first moved in there, there was a problem. The neighbor next door, Al Deusco, was breeding dog pit bulls and boarding dogs there, which caused my dogs to be barking back and forth all the time. All right. Um, they asked about water usage. They've cut into the well. Now, it supplies five different places compared to the four that is in the agreement. All right, that's they said they're not going to use water. That's not how kennels are run, right? Dogs get dirty. Dogs get sick. Dogs throw up for many reasons. They eat something. They they they whatever they do, they throw up. They get stressed out because they're in a new place. Their owner gave them way too many treats that day before they dropped them off because they were guilty about leaving them. Many reasons why they throw up. Dogs have diarrhea. Sometimes projectile diarrhea, right? Same things because of those things, right? Plus because of disease and viruses, right? Any kennel has to be clean, right? That's the most important thing. There's K9 parvo virus, K9 cough, K9 influenza. We clean our place like a hospital every day. Wash it down. Make sure that it's super super clean because there's a disease problem, right? Um, we just closed for three weeks. I closed my kennel down because one dog had kennel cough. One puppy came in, had kennel cough. I closed down. We clo we cleaned that place a dozen times top to bottom before we opened up again, right? This is not a game. When you when you board dogs, right, you have to be it has to be safely, right? You have to sanitize it. It's kennel management 101.

1:24:41 – 1:25:21Speaker 1

Get that point, right? Low water usage. Kennels use tons of water. That's what we do. We clean up. We give dogs water all the time. It's not realistic, right? They you you you you water down the the kennels and the and the and the gravel areas where the dogs pee, right? Um you have to wash dogs. People want their dogs washed. Dogs step in things. They slobber all over each other. They pee on each other, right? You have to wash dogs before they go home to their people that people aren't going to want. point. We get the point. Okay. So, uh

1:25:19 – 1:26:03Speaker 1

you guys talked about the property line, right? When when Mrs. Maguire was asked about the property line and how close it was, she started mentioning the house, which is up the way, but it's not. It's about the property line. Yeah. Right. So, the proposed enclosure behind their house is right next to my property line. the shed that's on my property line that's sitting there right now. There's no variance for that. It's on my property line, right? It's there. I have pictures for it if you'd like to see. Right. That's that's just not in there. It's not in the proposed plan. Right. Looks like it's 20 feet and then 37 to the back line.

1:26:00 – 1:26:13Speaker 1

So that's in conformity if it's back 20 either way, right? Um, no it's 20 ft would be conforming because it's got to be 15. So that's a conform. She didn't need any variances for that.

1:26:11 – 1:28:10Speaker 1

The planning board asked if there's a good buffer of trees between the properties. Mr. English from M andd Engineering said I would say so. Very separated, heavily wooded. But the truth is the between my property and the barn is one big dead tree and some forcyia. That's it. That tree is about to fall on her brand new barn or my fence. It's been dead for years, right? I have pictures of that, too. [sighs] You know, the the the planning board also asked that this is going to be a me a family member kennel. That's that's really not something that that can happen, right? Like if if the family has to be somewhere, you have to have employees to take care of the kennel and it's not going to be run by children. This is a very serious thing that we do, right? When I when someone drops their dog off for me, I'm bringing their dog back back to them safe. I'm bringing that back to their dog back to them clean. And I'm bringing their dog back to them healthy. We don't have people come and drop off dogs. 90% of our people are picked up and dropped off because of Union Valley Road. It's almost impossible to get a car in there at 7:00 in the morning, which we don't open till 9 because if we opened at 7:00, the neighborhood would be on fire, right? Dogs go crazy when people come and leave. It's always going to be that way, right? So, we don't let people come until nine o'clock. So, say the 10% of people that do come to our place, it's all by appointment, like haircut appointment. You're going to be here at at 10:00, you're going to be here at 10:15. So, we never have a backup in the driveway. And we're careful about that, right? So, we've done all sorts of things to to make this kennel work in this neighborhood. It's not something that anybody can just do willy-nilly, right? So, Last thing, the the plane board asked if they did a traffic study, and a reply was, "No, Mr. Engles's proof of this,"

1:28:07 – 1:28:47Speaker 1

and I say, and in quote, he said, "We haven't had anyone say anything. This is definitely the most dangerous spot on Union Valley Road. It's a blind curve that people run into each other all the time." Mrs. McConnell knows she's had cars in her front yard flipped over. At least two that I've seen and know I know there's many more. Yeah, we saw that in this is it right. So the these are all planning board issues that need to be addressed by Correct. But they didn't let us. Right now we're dealing with the use variance and the variance. There'll be a public hearing. They'll have to there has to be a public hearing if we kick this back. Okay. Can I say one more thing? Two two seconds as quick [laughter] as you can.

1:28:44 – 1:29:26Speaker 1

All right. In a regular board and cattle situation, Sundays are one of the busiest days. We've lost clients because we don't open on Sunday. We're not going to blow up the neighborhood on Sunday mornings, right? Mrs. McConnell has never been woken up on a Sunday or a holiday by our dogs. No one is. We don't let the dogs out until 10:00. They go out to the bathroom, but we don't let them out to play or make noise or anything like that. Right. I I really am careful about our neighborhood and not about not being complained about because I I want to be Okay, in fairness, I stated at the beginning of the meeting 2 minutes, you're on like 20 minutes here, right? So, I'm going to I'm going to pull I'm going to pull the cane. All right. I didn't seem like I was

1:29:25 – 1:29:53Speaker 1

just write your name and address on on that letter. Ma'am, you were next. Please try to keep it and and not the same points. If you have new points, please state your name and address for the record. Janna Hajj, 15 Rock Hill Road in May. Raise your right hand. Swear to tell the truth, the whole truth, nothing but the truth. So, I'll help you God. I do. All right. Proceed. Sorry. Speak into the mic, please.

1:29:51 – 1:31:43Speaker 1

Um, I think we've heard a lot today about this kennel, but I wanted to just talk about Joanne. Um, Joanne and Owen are Joan and Owen are pillars of this community, you know, prior to Owen's passing and now. Um, I wanted to talk a little bit about some of the things that Joanne's done for the community. Um, when Owen was first diagnosed, a group of their friends organized a fund run to help offset the family's enormous medical bills. It was the weekend before Christmas, and it was so dubbed the reindeer run. In the years since that first run, Joanne has single-handedly taken the reigns and organized a reindeer run every December, each time to benefit another May of Hack family facing serious medical challenges of their own. She turned something born out of her family's pain into an annual gift for her community. That's just who Joanne is. In the 20 years she's been a Mayapac resident, she has consistently given of herself, volunteering at the Mayapac schools, supporting her children as they are active members of this community through MSA Sports and St. John's CIO. This business represents a path forward for Joanne and her family. Since Owen's passing, those four beautiful children have continued to grow and college tuitions are on the horizon. The business would allow Joanne to remain in the community she loves, that her children love, and be able to provide for them in the years ahead. It is also a continuation of everything that she has been doing. Building something meaningful, investing in this community and creating a future for her family right here in Mayac. I've watched Joanne carry more than most people ever will with grace, with purpose, and without complaint. Please allow the opportunity for her to lighten that burden with a business that allows her to support her family and remain in the only place they call home. And I'm also going to add to that that I have two dogs and I can never find a kennel in May. So, okay,

1:31:41 – 1:32:18Speaker 1

thank you for letting me speak. All right, just write your name and address and contact info on a board. Who's next? Anyone else wish to be heard? Come on up. Just state your name and address for the record. Speaking to the mic, please. There's another one there. There's one right there. Thank you. Uh my name is Stephanie Aadian. I'm actually uh at 11 Lounsberry Drive. However, my parents own 611 Union Valley Road. So, you're representing them. Okay. Raise your right hand. Swear swear to tell the truth, the whole truth. Nothing but the truth. So, help you got it. Yes. Go ahead.

1:32:16 – 1:33:07Speaker 1

Um first, I want to say I'm very sorry for what you went through. Um, however, I do believe that having a commercial use kennel in a residential zone um would be pretty detrimental to uh the neighborhood. Um, and also the good point of the road is that road is terrible. I I grew up on that road. I'm 35 years old. I can't tell you how many accidents have occurred on that road. Uh, and the variances are pretty significant. Uh so that's just another concern that I have as uh bringing my kids over you know to my parents house if there's no buffer anything like that you know keeping those dogs safe and keeping children safe in the neighborhood is also something that's very concerning to me. So that's just something I wanted to uh bring up.

1:33:06 – 1:33:25Speaker 1

Okay. All right. Thank you so Just write your name, address, and I think we received a letter from I did I did send I did send an email just stating some of my concerns. Okay. Thank you. Anybody else wish to be heard on this application? Going once, going twice.

1:33:23 – 1:34:12Speaker 1

All right. Do you have anything that you want to respond to or answer or retort? Um [clears throat] I think like you said a couple of these comments that came back were planning board. So I don't want to address all of them but one of the main ones was traffic and Mr. English did say that on the first meeting but on the second meeting we did do a much thorough more thorough study about the line of sight distance and with a posted speed limit in that area it more than meets that line of sight distance from the driveway. I think the McConnell's even put up a guardrail on their property when they had moved in to help prevent that. I do understand that there's still accidents, but the line of sight with the existing conditions meets all the design criteria.

1:34:08 – 1:34:53Speaker 1

Okay. Um I mean I I have to state this to afford you the the option to hold this over and review some of the comments and concerns and maybe seek counsel, someone who can give Miss Okonnell more guidance and and help. Sure. Down that way. you know, I'm not spending her money or what have you, but I'm giving that option before because otherwise we're going to hear this tonight and based on the facts and what we've heard. We're going to adjudicate on it. So, yeah, I think we would like to have another chance at this. All right, Greg, do you see nothing wrong with that, right? Make a motion to hold it up. Just do something. No, because again, you have to produce financials and Sure. Right.

1:34:52 – 1:35:15Speaker 1

You're going to have to address that self-creation. Okay. Which All right. So, is that what you're seeking to hold this over? Yes. All right. I'll look for a motion to hold this matter over. So, move. Second. Seconded by Sylvia. All in favor? All right. Thank you guys. All right. Thank you. All right. Where am I?

1:35:15 – 1:35:58Speaker 1

Number 11, Robert KS. Karns. K. um for a variation of section 156-9 seeking an area of variance for permission to construct a two-story addition and wraparound porch to include an enlarged the first floor kitchen and a large primary bedroom suite above the property is located 30 mcal excuse me New York tax map 76.31-1-6 the code requires or allows the front yard 40 ft what's provided is 21.4 ft so variance of 18.6 6 feet is being required. Sideyard setback is 20 ft of what's required.

1:35:56 – 1:36:41Speaker 1

What's uh going to be provided is 4.6 ft. So a variance of 15.4 ft is being sought. Good evening, folks. Good evening. Both going to be speaking. I know he's going to be speaking. [laughter] I'm going to try to let him do all the talking for once. You're going to talk anyway. So, Chairman Maxwell, members of the board, Greg, Mike, Ed. Uh, good to see everyone. Your name and address pull to you. Thomas McDermott uh representing McDermott Architecture uh out of 339 Route 202 Sweet 250 Sers New York. Okay, Rob. Robert Karns, 30 McAlthan Avenue, Bayak, New York. Raise your right hands, guys. Swear to tell the truth, the whole truth. Nothing but the truth. So, we'll help you out. I do. I do. Go ahead, Mr. McDerman. Okay. Good evening.

1:36:40 – 1:37:15Speaker 1

Good evening. So, I think uh this application should be a little bit easier than the previous one. I'd like to give a little bit of background on the property before we get started. So, the uh original piece of property was developed in 1926. Um Rob was and uh Frankie were fortunate enough to purchase that property from her. So, they gave her uh she gave them a little bit of background on the property. Uh the original property actually um talking about kennels, it served as a a petting zoo years and years ago. Really? Yeah. A long long time ago. 30s. Yeah.

1:37:11 – 1:37:41Speaker 1

Wow. Um so but in the in the 70s uh Miss Helen Pagoli subdivided the property uh and created several lots um and now the house which was located on a larger piece of property is very close to the north property line. Um, so if you look at the lot, you can see over here, just grab the microphone. Sorry.

1:37:39 – 1:38:40Speaker 1

So, you can see here it's north south. The town hall is actually located, you know, just north of this property. Here's McCalpin Avenue. And so, this property to the north was originally a barn that served this house. Um, that is now uh Drew Safaric's home. uh he's a a contractor that I work with and uh he couldn't be here tonight. He had something going on for his family, but uh he he offered to write a letter in support if needed. Um so what we're proposing to do is to construct a two-story addition on the south side of the property and then continue the existing porch, wrap that around the south side of the property, wrap it a tiny bit around the north side, and then build the chimney for a fireplace on the north side of the property. The majority of the addition doesn't require a variance. It's a very small portion by wrapping the the porch around the north side and then by bumping out for the chimney. Those are the two pieces that are going to require the

1:38:38 – 1:39:14Speaker 1

following the same lines pretty much that exist going up. Correct. Right. Straight up from that. Yeah. It's it's a modest size house. The existing footprint is I think 611 square ft if I remember correctly. Yeah. 611. It's 23t 9 by 25t 9. And we're proposing a 10 foot n by 23 foot n twotory edition that uh the footprint's 255 square f feet. So what's that? Uh 510 roughly. All right. So there's no property you can buy, right? To bring it to perform. It's your own landlock there obviously. Um you talked to the neighbors left and right. Yeah. The neighbors are all in support.

1:39:12 – 1:39:42Speaker 1

Yeah. It was a starter home that my wife and I purchased out of the military. This is what we could afford. Um we have great equity in the house. We love our neighbors. We love where we live. We don't want to leave. So, we're just going to build our build a home that fits our our needs now and so our children can grow up and I could walk down to work. Yeah. Wednesday nights, right? Um, you may be. So, let me uh walk you through. I brought the floor plans.

1:39:43 – 1:40:54Speaker 1

So, again, this is oriented the same way as the survey. So, this is north, this is south. So, here's the proposed addition. We're just going to do an unfinished storage area down on the lower level. We're going to reconfigure the basement to create a small family room. Uh, and this is an existing bathroom that we're going to renovate. On the first floor, we're we're bumping out roughly 10 foot n to the south. We're going to create a a small mudroom, laundry room, powder room, and enlarge the kitchen. Then up on the second floor, Rob and Frankie's bedrooms currently in this location. And so we're going to extend that and create a new primary bedroom suite up there with a closet and a bathroom. Enlarge their son's bedroom a little bit as well. Uh and then the the other portion that requires variance is we're going to put a uh fireplace right here. Yeah, it's that and just this little piece of of porch roof that wraps around. And I want to show you the renderings that I brought. So you can see so you can see by by carrying it across here kind of ties it in brings it back to the chimney. So this is the looking from the south and this is looking from the west.

1:40:53 – 1:41:38Speaker 1

And that's the same materials. What's that? A metal roof on the overhang. I'm sorry, John. Is that a metal roof on the overhang? So might be shingles, might be metal. It's it's going to be budget dependent. I We're hoping that it'll be metal. Um I mean, not that it matters to the case. I'm just curious because it looks like Yeah, the plan is metal. Boarding that inside with black windows and uh a metal roof depending on how much money I have a full renovation. You're doing the windows throughout the whole house. I'm doing the whole house. Whole house is being gutted and completely renovated. You're burying the electric. I'm going to try cuz Nag came in and put it right in the front of my house for some reason. Yeah, I'm going to bury everything. All right, looks good.

1:41:36 – 1:42:12Speaker 1

Board members, any questions, comments? Good. Good question. No. Anybody in the public wish to be heard on this application? All right. I'll look for a motion to close the hearing. So moved. Second. Second. All in favor? I. Thank you very much. Have a good evening. Thank you. Thank you. Good luck. All right. Finally, last Well, two cases. Two cases, but they're back to back. Oh, this is back to back. Back to back to back. Good evening, sir. Guess I don't need that note anymore.

1:42:14 – 1:42:29Speaker 1

Uh, all right. Application going back in time. Might as well hear them together, right? Manuel Manchella Mancella

1:42:25 – 1:43:14Speaker 1

for a variation of section 156-9 seeking variance for permission to construct a proposed addition to existing single family residence. The property is located at 18 old country road mopac and it's tax map 76.6-1-11 code requires or allows for the rear 15 ft. What's provided is 2 feet. So a variance of 13 ft is being sought. Uh rear porch uh again is 15 feet. What's provided is 3.91 ft. So a variance of 11.09. Uh rear deck again well deck now not porch is 15 ft as well. So 11.71 ft will be provided and a variance of 3.29 ft will be sought. All right. Uh state your name and address for the record.

1:43:11 – 1:43:34Speaker 1

Jorge B Hernandez Arq Architecture 100 Secretary Boulevard as New York. Just bring the mic a little closer to you if you would, please. Yeah. Raise your right hand. Uh, swear to tell the truth, the whole truth, nothing but the truth. So, help you God. Yes, I do. Okay. Bring us through the application. What's What's it There's a house existing there now, right?

1:43:32 – 1:44:16Speaker 1

There's an existing house and actually, as you said, there's two projects together. uh the same family owns uh both properties and they're trying to renovate both the properties uh for the family and both houses that we're doing. Um this house actually right now that we are asking we are doing an addition but right now where we say we asking for a u the variance to be two feet we in actuality right now the house is over the property line a foot really yeah so we actually are removing three feet from the house

1:44:14 – 1:44:54Speaker 1

yeah so what they're what they're building is outside is not over the property line to be correct Yeah, they're cutting off half that portion of the house. Yes, we are. And how long has the house been there? It's old. It's all I think that road used to go back there at one time. Crotton Falls. I think that it looped back there. So, it's an old section. It really I don't have an exact date, though. They're older houses, though. I mean, so it never come up came up as laticious between the two neighbors. I don't know. Um, okay. So, you're bringing it further into conformance than would exist today. So, and then we are

1:44:54 – 1:45:36Speaker 1

and the main [clears throat] reason you're going up basically on the footprint and coming back off of the overhang. So, we increasing the total size of 800 square f feet with the two floors now. All right. So, there's no property you can buy to bring it into conformance. No. Right. Um, it's nice looking design. Hopefully, you know, it cleans this cleans up the existing property. That house was there. So, any questions from the board members? Looks like a nice improvement. Questions? No. You guys down here? No questions. Good. All right. And you said it's a family. So, the family

1:45:32 – 1:46:17Speaker 1

Mr. Mayella owns both property 18, which is this is the smaller property on the edge, and then he owns 19 and 20, the bigger property. We're going to treat the two cases separately, but um yeah, suit lot. So um All right. I guess it's it's a welcome approvement improvement. So uh anybody in the public wish to be heard on this application? Ma'am, you raise your hand first in the blue. Jean, you're first. They both have blue. You said well light blue. Hi everybody. Good evening. State your name and address. Gene Hopper, 12 Old County Road. All right. You going to be speaking as well, sir? Yes. Are you together? Yes. Yes. Okay.

1:46:16 – 1:47:00Speaker 1

My husband. State your name. It's David Hopper. All right. Raise your right hands. Swear to tell the truth, the whole truth, nothing but the truth. So, help you God. I do. You guys, you can move down to the other microphone, ma'am. If you're both going to speak, just speak clearly into the mic. So, hi. Um, it's the property uphill of us that we're talking about to the east. Um, it's one deed, right? It's about three and a half acres. So, when they say property, it's one property with three homes on one deed. Um, and I missed the first part that you said, what's over the property line? Which house? 18. 18.

1:46:57 – 1:47:42Speaker 1

18's over the property over technically listening. So, when we That's the other question I have. I'm never I'm never sure about which house is what number because it's always been 181 19. This is the one closest to Croin Falls Road. Yes, that's uh drive up right side. Hold on. Drive up right side. Asphalt driveway. It's close to the driveway. The house on the left, I believe, is 19 cuz they're odd numbers. The house on the right, they're even numbers, right? So, it's 1918. Silio has 19's on its own lot, though. 19 is on its own lot. So, you're saying this is Yes. Okay. She said it was one lot. I just want to be clear. It's two. It is broken up with the road.

1:47:41 – 1:48:26Speaker 1

I just want to be clear. I got it. That one's 19. The big white one, right? This is 18. Yeah. I was showing the picture that was number 20 doesn't have a case in front of us. Only 18, but it's on the same lot. So, the house itself doesn't, but that property with 1820 does have an application here. Oh, 1820 the same lot. the same lot. No, yes, 1820 are on the same lot with one across a little piece. There it's all one lot. 18 has two houses on it. There's a house on the right and it goes up and there's a brown house in the back. That's the second house.

1:48:25 – 1:49:08Speaker 1

You're saying that's 20. And what's that thing that's falling down? That structure that's Well, that was an eyesore. It's dangerous, too. Yes. That was an old chicken coupe that they have on the plans that said it was existing garage, which is not true. It was never a garage. It looks very dangerous, especially with It's ready to fall. Well, they actually started that pro. They they actually started that with no permits. They actually poured a concrete slab. They started framing. Okay. I called Let's start from the beginning. That's so our the number one concern is since they're uphill is the water and well usage. Um you know, I don't know how big they're talking and how many other bathrooms and well and how many septic fields there are. there.

1:49:06 – 1:49:43Speaker 1

They'd have to get board health approval if it's going to be beyond what's existing bedroom count now. So, right. So, yeah, that what is the zoning right now in that area? Is it three acres still? I don't know off hand, Mike. What does it say application? LDR or this is LDR? Yes, it's three acre. Okay. So, it's three and a half acres with three houses. So, it's a little tricky, right? Because it's one deed, three buildings. No, it's two. It's two different two different lots. Oh, okay. All right. You're right.

1:49:40 – 1:50:21Speaker 1

Um, so the septic we've noticed problems already that they've we can notice on a warm night after rain the smell of the septics. There has been work done there. I'm not really sure if that's up to code as well. Putham County Department of Health. Anytime you smell something, call them. They will come out and investigate. They do a a die test or whatever and they'll check and see what's happening. Okay. Um the road traffic, it's a onelane road. Again, it's very old property and I'm just concerned about increased traffic. One lane. Okay. Um they're existing now. Yes. Has been that way. Same bed since whenever, right?

1:50:19 – 1:50:44Speaker 1

Um there he does have a commercial business. Um he does have commercial vehicles that go up and down. The garage that you talked about, the shed or whatever they were building, I believe was built without a permit and it's now collapsing was a chicken coupe. Was never a garage. That's on my next application. Photos to show that. But when they did the survey, just so you understand, it is existing. Doesn't mean it's pre-existing, right?

1:50:43 – 1:51:05Speaker 1

It's existing when they did the survey. That's all they're saying. They're not implying that it's there. Okay. I want to make sure I got it. No, you're right, Mike. Absolutely. Um drainage. So when they did the construction on their driveway and uh they installed stone walls and all kinds of stuff,

1:51:00 – 1:51:57Speaker 1

he raised his grade about 18 to 24 in. Um we don't know where that fill came from. It caused, you know, problems for us because again it's uphill. So now his grade was here and now it's here and we had a lot of muddy water when they were doing the construction. With the grass that's now been planted, it's a little bit better. So we're grateful for that. but he did have drainage coming off of his retaining wall. We're right next door and it came right to our property. I hope that's changed. We had called, we've reached out to Manuel many times. Um, when they first moved in, we introduced ourselves, wanted to be friendly neighbors. They built a huge fence. We had problems with that because it was higher than it's supposed to be. And we did call the code enforcer, excuse me. Um he kind of just said, "Yeah, no, Manuel knows what he's doing better than I do and so it's okay." I don't know. Uh multif family. I don't know if right there. So [laughter]

1:51:56 – 1:52:27Speaker 1

it would have been Dennis. It was Dennis. Yeah, it was Dennis. I'll take a look at I didn't want to say names. Um we knew we know the code for multif [laughter] multif family. Um, I know that, you know, they can have rental properties within their property. The big house, uh, which you're now considering doubling, is multif family right now. There are, I think, two or three apartments in that property.

1:52:26 – 1:53:11Speaker 1

It's always been like that. Um, the McCullums own that property and they rented it 30, 40 years ago. So, that would have to change. I don't know. I saw some blueprints that showed like a home with a big master suite. Are they going to change that? Will there no longer be multif family? The size of that structure. I guess you're saying that's number 18. The big white house. Am I correct? 19. 19. Big white house. I'm going to put um it's a big house to begin with. It's a three apartments, small apartments in there now. And they're doubling the size. What is that square footage going to be on that ex when they're done on that big white house?

1:53:10 – 1:53:55Speaker 1

Well, that's a question for the architect if you want to answer that. We'll just use the microphone. Yeah, you can take it off. Yeah, number 19 is going to be 4,800 ft, but there is a two family or that's what he wants to use it as a two family. But number 18, it's existing as a two family now. Yes. And we're going to keep it as a two family. Number 18, the case that we are reviewing right now is one family, right? Yeah. So again, they won't the board of health with the increase, they after this process, they'd have to go Actually, they don't have to go to planning board, do they? They're Yeah. So are they planning? No. No. No. No. No. No.

1:53:54 – 1:54:24Speaker 1

No. They're straight. But they would have to go to the uh board of health, right? Okay. Well, they come to me next. I write down what's legally there. They take their plans over there if they have to. If it's a if it's a three-bedroom and it's a three-bedroom, they don't go anywhere. They just come to me, right? Cuz it's just three bedrooms. But if their septic's failing and you call it in, they will go investigate and see if there's a a failure, right? It's been changed three times already. Yeah, it's been a lot of work has been done on that. I understand, but I don't have jurisdiction on the septic. Health department is the one that you would want to help.

1:54:22 – 1:55:13Speaker 1

I mean, they did have oil tank removals. I don't know if that was permitted installation. Um, you know, we saw the construction being done. I guess my biggest concern, our biggest concern and the neighborhood's biggest concern is that these are it's a small little off Croin Falls Road, private road, small old houses, historic um, and to have construction like this, a 4,800 foot home is just not in keeping with the neighborhood and not the history of that property. the McCullums were there for I don't know hundred years maybe you know so just something to consider so we're concerned we're concerned about going forward if they haven't maintain the property with the septic and the drainage and the grade and getting permits we're just very carefully watching what happens next

1:55:10 – 1:55:53Speaker 1

understood thanks are a lot of these variances consistent with what already exists is that why you have these variances So you're just No, you're not expanding on the nonconformity. It it's it's it's Yeah, you have again all our propos Yeah. what we're proposing does not increase or make any of the variances of the existing pre-existing conditions worse which is and actually the one where we are over the property land we actually gone through great pains to to reduce it to reduce it. Yeah. Because it's going from negative whatever.

1:55:51 – 1:56:23Speaker 1

Yes. Negative. I was I was wondering how to present that. Yeah. I guess it's a negative 1.2. Yeah. What? Because you're you're not on your property anymore. The garage would be new obviously, right? Mhm. So that that back garage that was built without a permit, that's something that they're causing, not you personally. They built it so and they built it too close to the property like that. So Okay. So on that garage as Mike said this garage that's the next case though. Let's let's bring that up on the next.

1:56:21 – 1:57:05Speaker 1

I'm just concerned with this whole project from from you know we just got this a week ago and I was actually surprised on the additions going up in this. So they're actually doubling the house. This is like my wife said a country country lane um one lane small houses. These things are massive now. They're ridiculous looking. He's done so much work on this property. These guys been up there with no permits. Water's going different directions. Gravel's going down the street. They changed the grade. We don't even know what the soil came from. All right. So, if you guys if that happens in the process, you have the right to call the building department and explain about it and they'll investigate. I've done that. As soon as he moved in, as soon as he put a shovel in the ground,

1:57:03 – 1:57:47Speaker 1

they they're aware of it. But now this is the new part, which I'm shocked that this is this is massive construction. All right. Is it the same owner who's owned the property? It's okay. Now, I would just say, you know, put them on warning. We, you know, there's a new sheriff in town here, too. So, like the zoning, all due respect, this, I believe, is a threeacre zoning, and you're doubling the houses. You're doubling the traffic on a one lane. Again, it's the the bedroom count, right? So, what was that? I can't hear. The bedroom count. If you have three bedrooms that are 10 square feet, then three bedrooms that are 50 square feet. The square foot is doubling on both houses, right? So the concern is for receptic, right? And and everything

1:57:46 – 1:58:27Speaker 1

and water use. It's going to be the same amount of people in the house. Is this a rental area also? I mean, these are these are single family homes. Now it's going to be like Yeah, but but that's not the the purview of this deal. All we have to all we care about honestly and that's what the law prescribes for us Dave is how far close to the road it can be or not be or to the property line it can be or not. That's really are they going to do are they going to do a traffic study on the one lane? We already have issues now that we have to wait. Yeah, but that's not what we do. That's all I'm saying. I this is new. You got understand this is new for us. Especially when you get this in the mail, you go, "Oh my god, look at the size of these homes." Yeah, I get you.

1:58:25 – 1:58:54Speaker 1

But think about it. If you wanted to do something to your house, you'd have the right to do what you wanted to do to your house. You can do whatever you want. But I'm not building a house to rent it to tenants that we don't know who they're going to belong to. And that's another that's another issue. My wife's going to be mad for me for saying this. I've been there for 30 years. In the last 5 years, there's been rentals there. I can't tell you two o'clock in the morning, the cops are running up the street making arrests. I don't want that to happen no more.

1:58:52 – 1:59:35Speaker 1

All right. Another thing is the owner that owns the owner that owns the property is a construction business. Okay? He's got pickup trucks, flatbeds coming up with dozers, bobcats, dumpsters parking them on the lawn. This is not a construction site. This this cannot happen. The trucks are labeled with that's what the police department is for. If you have that, you know, commercial property uh uh vehicles on commercial on residential, you got to call the police department. That's a police matter. So now you're getting to a point where this is going beyond what I just want to paint the picture. The reason why I want to paint the picture now because we got the picture I did I did paint the picture six months ago to the board. Now this is coming to light to what board? This board.

1:59:34 – 2:00:12Speaker 1

No, this is the first time. This is a zoning zoning board. Planning. You got to go planning. No, we had to. So you mean I'll just I just want to add one thing though about the commercial vehicles. So, the big garage that they're planning on building, our concern was to have if he would be parking commercial vehicles there and running a commercial business out of it. He can't. He can't. And if he does, you you're allowed to park one commercial vehicle on your property. It has to meet a certain threshold, right? But you are allowed to park a commercial vehicle. Like you could or I could. Anybody's allowed one like a landscaper business. You're allowed to meet a threshold. That's what it comes to.

2:00:10 – 2:00:55Speaker 1

What did you just say? A landscaping business. Like if you had a landscaping business, you you'd be allowed to park one landscaping truck or, you know, more than a body. Okay. Thank you. Well, when when going to the garage, I know it's not there yet, but this garage is like a warehouse already. That's the size of it to put commercial vehicles in it. So, I don't want to keep going with this until it gets the end of, you know. All right. That's the next case. So, we'll let you come back up on the next case. Keep it within in properties here. So, all right. All right. Okay. Ma'am, you wanted to be heard on this application. Uh, make sure you guys write your name and address and and contact info. Okay, it's

2:00:51 – 2:01:35Speaker 1

Hi, my name is Fatima Skornjen and I'm the neighbor. What's your address? 47 Odessa Road. All right. Sorry. I'm not good in speaking in public. Swear to tell the truth, the whole truth, nothing but the truth. So, help you God. I do. Thank you. Thank you. And so when I got this notice, I didn't understand what that was. He's speaking to the mic so we it's being recorded for minutes. Okay. When I got this notice, I didn't know what it exactly was about, but now that you guys are talking, I see that he wants to make an addition to a home. And I know he has a couple of homes in the front of a property. I'm more to the side back. My concern is the garage that he wants to set up. That's the next case.

2:01:34 – 2:02:19Speaker 1

So that's next one. Okay. No next case. next case. No, it's stay right there. I'll stay right here. There's two different applications here by the same owner. Okay. All right. So, we'll wait until that's all you have. That's all you have on this this particular portion. I have nothing for the house. They would know better because they're more like front and center with them. So, they would be more to talk to. Um, but me, I'm more concerned with the garage part. All right. So, we'll take that on the next one. You got it. Thank you. All right. Anybody else in the public wish to speak on this application? I hope you're not getting up. No, they want to hear their approval. All right, I'll look for a motion to close the hearing on this on this application. So move. Second. Second by Julie

2:02:18 – 2:02:32Speaker 1

Rose got the Rose. Okay. All in favor. Okay. Thank you. Now application number eight. Everybody sworn you swear again.

2:02:29 – 2:03:24Speaker 1

Yeah. Yeah. Yeah. Yeah. Same owner Manuel Mansella Mansella my my tying's coming out. Sorry. For a variation of section 156-9 seeking a variance for permission to construct propo proposed addition/alteration to existing two family residence and garage. The property is located 19 old country road. It's tax map 76.6-1-10. The code requires or allows front porch to be 40 ft. What's provided is 2.83 ft. So a variance of 37.17 feet is being sought and the side set back for the garage is uh the code requires 20 feet. What's provided is 17.75 ft. So variance of 2.25 ft is being sought. All right, you're all sworn in already. So bring us through this one.

2:03:21 – 2:04:06Speaker 1

Um yes, this is the same. Um we are remodeling the the house that is up the front closer to the uh front property line and again we're not increasing none of the nonconformies. The addition you know conforms with the uh setbacks. Um and also I want to point out that this property is uh almost 160,000 square feet. So it is almost 4 acres. Um, it can't comply with this setback. Uhhuh. It says you need 2.83 variance on the front porch for the addition. No, no, I'm saying the addition the front the building edition.

2:04:04 – 2:04:45Speaker 1

Yeah, the building addition. Yes. I'm sorry. Garage. Yeah. Yeah. And also Yes. And we have the garage or wherever the structure was being used before. They intended now to be used as a garage. Uh and it will require 2 feet 0.25 uh for a setback. All right. So again, there's no property you can buy to to bring it into conformance, right? The adjacent properties are all landlocked, right? Um and again, this is going up on an existing footprint, hence the need for

2:04:42 – 2:05:23Speaker 1

the variance. Correct. No, the front deck I don't think is only existing for I think that's [snorts] a So So I'm seeing on this one the upstairs I believe has extra bathrooms than what's there need. We adding a bathroom because it's going to be a master suite. Incorrect on bedroom bedrooms not bedrooms. We're not increasing the number of bedrooms. Again, he's enlarging the house. side going to be slab. I'm sorry. Is the right side going to be slab or are you doing the basement there? Are you It's slab slab. Yeah.

2:05:23 – 2:05:58Speaker 1

All right. Go ahead. All right. So, board members, any questions on this one? Now, the garage was started already. Seems that way. This is how Yes. And this guy's in the construction business, Mr. Manella. Yes. So, he did not know he needed a permit and and and uh variance here. I'm not sure when at which point they um um started the work or how much of there was any work done before they bought the property. Uh but I know that uh

2:05:56 – 2:06:33Speaker 1

no, they they bought it. They were out there. I went out there personally one of the times and told them to stop doing all that stuff back there. And that was I got to be two years almost and finally here now straightening it out. I guess Dennis probably took him to court and that's how we got it in here. up. Oh, it was a long process getting it here. Mhm. Just on the garage aspect, not not No, it was the garage. Yes, the garage was the the start of it. That's when they got the architect to do the garage, that's when they did the other additions and they said, "We'll propose everything at the same time and go for all the variances."

2:06:30 – 2:07:13Speaker 1

Yeah. The Well, right. they moved in and then when um they got the stuff for corda they came to us and that's when we started looking at all the different buildings and we said might as well um well I you know I have a mind to to tell them to bring this back into conformance to start this work and and not you know go through the realms or the the the the process here you know especially knowing knowing the business I mean I find that a little crazy But what do the board members think? You tell me. No, I agree. I mean that you know that's especially like you said concerning.

2:07:11 – 2:07:37Speaker 1

Yeah, the garage I'm talking about. The garage is 50 by 20. That's very big. And the garage doors I assume are oversized doors. Yeah. This isn't a residential garage by any stretch. No. No. A 50 by 20 is not a residential garage. The garage is 15 proposed garage 50 by 20.

2:07:44 – 2:08:27Speaker 1

Am I reading this wrong? I can't I can't 18 foot wide garage door. That's what I'm talking about. It's strong. I can't read it. 50 by 20 garage. 20 and a half actually. Yeah, look at it. It's huge. Huge. It's massive. 20 and Where do you see 50 ft? What is Where's 50 ft? No, she's talking about the size of the garage itself. I think you could see it in the picture. It's massive. It's 50 by 20. Well, let's let's not get hung up on that, though, because if they move it over 2.25 uh feet, they don't need a variance. So, right. I'm not saying I'm sorry. What did you say? If they move it 2.25 ft over to the left,

2:08:26 – 2:09:10Speaker 1

they don't need a variance. They won't be here. So I mean that that's the direction I'm going in and that's why I asked you guys opinion but but the size isn't what we you're right you're right and height but not the 20 yeah and I think at this point if we move the an 18 we move the house two feet to comply I think I sorry say that again if we had the client move the house two feet an I will go back to them and and tell them to comply with the setbacks on this on the garage. House or garage, ma'am. You can't wait till you you called up. But I I think he meant garage.

2:09:08 – 2:09:50Speaker 1

Yes, I'm in the garage. What he said is the front house that's out by the road that's 2 ft or a foot over the property line. They're pulling it back to But that was in the other case. Correct. And he's saying since he talked him into that, he thinks that it'll be no problem talking him into moving the garage. Also, I'm sorry, your accent. Might as well move that too. Then he won't need a variance. Yeah, that's what we're saying. That's what I'm saying. All in agreement. Um, what about that structure? I think I sent both of you, Mike and Ed. I think that's the actual garage. It's slants. It's leaning. There are little kids around. I couldn't tell where the picture was. I Looking at that picture, I'm thinking it's the garage.

2:09:50 – 2:10:31Speaker 1

Was it behind the house? Yeah, it's behind the house. No, not far from the little Not not far from it. Um, picture. I'm sorry. That's You couldn't tell that there were It's leaning. Where is it? Behind the little house. Behind the house. The little brown house all the way at the end of the property. That is the garage. No, we have a picture. I just don't know which house it is on the site plan. Okay. towards the back of the property. That is the garage. This the only one closest to you. Okay.

2:10:37 – 2:10:57Speaker 1

This is all Is that on top? Was that on a porch or something? Or was that in the backyard in the backyard?

2:11:06 – 2:11:48Speaker 1

So, on the site plan, where is that garage? It's so small. I can barely see this.go, that a while ago. It's right, but there's little show show my plan site plan. Thank you. The site plan you can't read. Can't see it. So the length, the 50 foot length is encroaching into the variance. So that's easier to cut off. You just shorten it up. I can't read it. You can't read it. I mean, that's the full That's a simple one. You know, John, say it again. I'm sorry.

2:11:45 – 2:12:30Speaker 1

The rear of the garage, this um would encroach the 2 uh Well, that's what I'm saying. He's going to cut that back. He's going to cut it back three feet to conform. 2.83 ft. What's up? You know, with too much cross. All right. Does that make sense, Rose? We We can condition Yeah. 40 the removal of that unsafe condition, right? You can [snorts] that don't have to. No, I'm talking about the what she's talking about. The structure. Okay. Oh, that's this garage. And it's been sitting there ever since. So, it's collapsing now. Yeah.

2:12:29 – 2:12:45Speaker 1

It just sits in the weather and it gets a weather. So, it's collapsing. Okay. When they got the cease and desist, could there be some sort of condition on everything else to either finish it or remove it.

2:12:50 – 2:13:34Speaker 1

So they can't No, they they have the the footings there already in the slab. They're going to have to bring everything back two feet. Okay. So, we can either deny that portion of the this barrier or give him a number to pull it back to. But the front porch would remain that there's Well, look, while we're at That's only 2.83. While we're at it, if there's room to pull that back. Yeah. Our jobs to to grant the minimal possible. That makes sense. All right. On the right one. So, deny the garage

2:13:34 – 2:14:17Speaker 1

and then have them amend the application to pull back the front porch. Yeah. I mean, the front porch does not need to be the extreme. You got a whole other side of it that that you can have your your viewable. In fact, take take the front porch out completely. Move these steps back here and have the front porch go in line with with with the house or a little wraparound. Yeah. So, what are you saying? Don't even give them a variance on either thing. Well, minimize the variance. Deny the garage and minimize the variance on the front porch overhang. What size is the porch? I'm trying to tell, but I I can't read. The site plan is is very difficult to to read.

2:14:16 – 2:14:54Speaker 1

Even the architectural Can you show me the front porch on here? How big? It's about 8 ft. So, if you cut it to six, it'll be 4 point 4.83 feet. Cut it to four. It'll be 6.83 ft. Yeah, that's at least a little better because this is pretty excessive. Yep. I like that. Yeah, it's almost almost, you know, 100% variance here, right? 90% plus, right? Yep.

2:14:52 – 2:15:36Speaker 1

Understood. But if you cut the porch back to whatever we just said, the uh 4T instead of 8 ft, then you would have 6.8 83 ft to the property line. I don't know what that dimension is. What's What's the dimension of the overhang of the porch? 8t. 8 ft. Yes. Just Yes. Um I think six feet will be a workable. I mean it is existing right now as a pre-existing condition, but if we can cut it back two feet still usable. Could you show me that front porch on this site plan for a second? Just tell me where that is. Is that that first piece right there? Right there.

2:15:37 – 2:16:06Speaker 1

So, it gives me 2.83 feet there. Why did we get such small drawings that we can't even read? Yeah. No, we have architectural drawings that we need to read, too. Full architectural drawings. This is too small. Nope. They don't get them that size. So, from now on, we're going to make sure that everybody gets everything in the right size. Can't read it.

2:16:09 – 2:16:44Speaker 1

All right. So, everyone's on board with pulling the porch back. Yes. Well, we'll we'll talk about that in adjudication. Yeah. But All right. Any more comments or questions from the board members on this application? No. All right. Anybody in the public wish to speak? Let her go first. Ma'am, you can talk to her. Let her talk. Just so you know, they're going to deny that garage. So, the garage is going The garage is going. It's going to Well, and what will the front porch be? We're going to pull it back, but she was worried about the garage. That's all she can see from her house. I wanted to say, um, my concern I'm sorry,

2:16:42 – 2:17:13Speaker 1

they're they're over almost three feet, right, of where where it's allowed. So, we're going to deny it sounds like we're going to deny that portion of this application. So they'll have to move it to come into conformance. He can either lop off that three feet and keep it in board or he can just move the whole thing together. Whatever he decides to do. We're denying it. It sounds like but once it goes back to 3 feet, just so you understand, he could still build it. That looks the way it does. Okay. It just doesn't need variance anymore.

2:17:12 – 2:17:54Speaker 1

Well, my question is this. Because my well is right next door. First of all, I'm for people beautifying their home and their property. God bless. However, because my well is literally like a few feet away, if they build anything septic wise, like I don't know if they're just building a structure or are they putting water, septic, are they putting anything in that garage? Garage plumbing. No, there'll be no plumbing plumbing. The plan showed a garage with nothing in it. Yeah. Literally a garage just for vehicle storage, tool storage, right? Typical. Okay, that's all I have. Thank you very much. I'll fill this house, guys. on the garage again. Yep.

2:17:52 – 2:18:23Speaker 1

I'm really concerned that he's a construction guy. He has a lot of equipment. I think he's building this garage to put all his construction equipment in there with diesel fuel and chemicals and everything else. He already has a three-car garage in front of the house. It's already packed with building materials, concrete, you know, bags of concrete, salt, buckets, paint. I don't want this to be a warehouse and a storage facility for for commercial, you know, bobcats and everything else. That's why that door is so big and that building is so big.

2:18:22 – 2:19:03Speaker 1

That's that's conjecture at this point. I don't know that that's what's going in there. And you can speak for the client. I don't know if they're giving you permission to if that's his intention. We don't know that. I don't know that. You don't know that. So, if and when it does happen and you see it happening, you call the building department. And Dave, just so you're aware, if he pulls it back three feet, it's never coming here again because that's legal. Just so you know. So So you're telling me it's legal to him to put his construction vehicles in the garage? No. No. Varian just in front of us from the variance. That's right. Within our per So what we deal with, David is setbacks, right? How close to the property line is.

2:19:01 – 2:19:38Speaker 1

Once he goes back 3 ft, this board has no say in anything that happens in that building. It goes strictly to the building. I understand he can he can build it. But if he puts more than one commercial vehicle or all the equipment you're talking about, whatever you were saying there, I'm not going to go through the whole thing. You call us and we go out there, ring his bell, tell him we want to look at it and he said, and we'll go out there and take a look at that. That's an easy one to prove. Just to help the homeowner out, is he aware of that? Well, make sure he is now represent. [laughter] I want to put I want to put the horse in front of the card, not the other way. No, no, understood. I spoke to him the other day. Okay.

2:19:36 – 2:20:18Speaker 1

When they came in initially for the building for the zoning application, I did speak to him. So, I think he heard what I was saying, but again, I I can't think for people. I can say the words to him. If they hear me. Yeah. But I just want to say your expectations too. If they move it back three feet, it has nothing to do with this board anymore. They can build it. It's just us. Then it's just my department for enforcement. And at that point, it would go to court and blah blah blah. And then is there height requirements also? There is, but he's well within. He's well within it. It's only 20 ft high. Yeah. Okay. Thank you. All right. That's the way the code is. Thank you. No problem. Mike,

2:20:16 – 2:20:57Speaker 1

anybody else wish to be heard? Please. No. Come on. You got something. All right. We're going as fast as we can. Just want to ask you on the front porch, what are we changing it to? Do we want to condition? All I said is if you if it's 2.83, right? If you shrink it to 6 feet, you could get it to 4.83. If you sink it, shrink it to 4 feet, it'll be 6.83 from the property line. It's your call. You guys decide. How far do you want to take it from the property line? We could do we want to do this here or do we want to do it? Well, let's wait till we adjudicate. Okay. All right. Anybody else? So, I'll look for a motion to close the public hearing on this application. Second. All in favor? I

2:20:56 – 2:21:40Speaker 1

Okay, that's it. At this point, there's no more input on any application this evening as we adjudicate the applications, please. All right. So, application number one, Thomas Marcato. I'll look for a motion. Motion to grant. Do I have a second? Second. Any discussion? No. All in favor? I. I. Application number two, Allison Boke. I'll look for a motion. Motion to grant. Second. Any discussion? No. All in favor? I I application number three, Matthew Simone. Look for a motion. Motion to grant. Should we condition that there'll be no water?

2:21:37 – 2:22:16Speaker 1

We could say it, but you know, for a garage sometimes you do want a hose bib or something. You know what I mean? You want no plumbing. You mean like no plumbing? No domestic plumbing. Well, domestic plumbing was I have a question. Why would you uh four months a or 6 months ago interpret that you could put in a a um living room over your garage, but now you can't put plumbing in it? We were just That was something that was mentioned during the course of this meeting. No, no. I'm just You were the one that mentioned it. Somebody mentioned plumbing. No, I'm just asking if if you're allowed to put a family room upstairs, right,

2:22:14 – 2:22:58Speaker 1

a man cave, whatever you want to call it, why wouldn't you want plumbing if they go through all the process and get the permits from the health department if they need them? Um, why would we condition that? Yeah, it's up to you. You're the worst. We used to do it all the time. I know because that you can put an I mean a uh we want to dissuade apartments from being built but you know again you can have you can have a sink you can have a slop sink you can have you know discussed yeah on the day so that's why I'm bringing it up I'm just saying because of the the previous interpretations I'm wondering if you know why we would all right think of that but again this isn't this isn't the type that's going to have it so it's not going to affect him but

2:22:55 – 2:23:38Speaker 1

all right so you motion the grant. No conditions. Right. I'll second. No conditions. Uh any discussions? No. All in favor? I. Okay. Application number four, Neil McMahon. Look for a motion. Motion to grant. I have a second. Any discussions? No. No. All in favor? I. Granted. Uh number five, Savaris Family Trust. I'm looking for a motion. Motion to grant. Second. Any discussions on this one? No. All in favor? I. Application number six, Anthony Pro. Looking for a motion. Motion to grant. Second.

2:23:36 – 2:24:20Speaker 1

Second by Rose. Any discussions on this one? All in favor? I. Application number seven, Manuel Mella. Looking for a motion. This is for 18 now. 18. 18. So that's not the garage, that's the Yeah. Motion to grant. Do I have a second? Second. Any discussions on this application? This one? No. All in favor? I. All right. Granted. Application number eight. Manuel Mella. Motion to deny the front porch. No. No. Deny the garage. Garage. Excuse me. Motion to deny the garage. I'm going to do it separate. Motion to deny the garage.

2:24:18 – 2:25:03Speaker 1

Second. Well, you can make one one motion. No, I don't want to confuse it. Well, I think it's got to be one. Does it have to be one or no? Can it be broken down? You're right. Yeah. All right. All right. All right. I lied. Second. [laughter] So, second, Rose, you you uh motion to deny the garage. Deny the garage. All right. All in favor? I. All right. And then for the uh front porch, motion to grant for discussion. Okay. We can have a negotiation. Discuss. Need a second. Oh, do we have a second? Sorry. All right. All right. So, I I think we definitely do want to cut this back. I agree. I'm down for four.

2:25:02 – 2:25:43Speaker 1

I don't know if anybody else is, but I'm down for four. Provide four feet. So, width of the deck is 6.83 and then a 33.17. Yes, I trust your math. 3.17 variance. Nope. Code requires 40. Yes, I'm sorry. You are correct. Variance 30 40 requires 6.83 exist 6.3 83 provided and then 33.17 variance. Right. Good. Yep. Should they initial that on the paper?

2:25:40 – 2:26:15Speaker 1

Look for What was it again? J 761 6.4 76 776 No 76

2:26:10 – 2:26:53Speaker 1

76 76 61 Mike, do I have to um I'll change it and I'll have them initially. Yeah, but do we cross out? All right. Here, you'll do it. Do do your thing. Yeah, do do your thing. So, I'll now amend the motion. Motion to grant as amended. Okay. Second that motion rose. Second. All right. All in favor? I

2:26:51 – 2:27:29Speaker 1

Okay. Application number nine, Entranceway Partners LLC. Look for a motion. Motion to grant. Oh, no. It's an interpretation. Oh, yes. Approve the interpretation. Motion to approve the interpretation that it needs to go to the planning board. Right. That's what we have to do, right? But the interpretation is that entitled Okay. Motion to granting right that goes the plan.

2:27:26 – 2:28:09Speaker 1

So So motion to grant that we're that he's entitled to split the properties as prescribed by the old uh old code that he can create a new building lot compliance with subdivision map. Yes. Okay. Do I have a second for that? Second. Second. Any discussions on this one? Final. [laughter] I'll look for um all in favor. Okay. 10 skipped. 10 is being held over. And final application for KS. I'll look for a motion. Motion to grant. Second. Second. All in favor? I.

2:28:07 – 2:28:34Speaker 1

All right. Granted. All right. Minutes from March 26th. I will look for a motion. Motion to grant as amended by Rose. Course of course. [laughter] Do I have a second? Second. Second. All in favor? Motion to return. Second. Second. All in favor? Thank you guys. Good night everyone.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.