Zoning Board of Appeals - Regular Meeting

all right good evening everyone welcome to the town of carmel's only board of appeals meeting for the month of june 2026. uh board members names are in front of you on the dais we have ed spadaro our new code enforcement officer with us this evening his first solo meeting so let's wish him good luck as well as Town Council, Greg Fulcetti. The way we operate is I will call you up. I'll swear you in unless you're of council. You'll present your case. We'll ask questions. The board will ask questions and make comments and what have you. Then we'll open it up to the public. Um, we'll ask that you just address the board, whether you're the public speaking to us or the applicant speaking to us, right? So no cross talk in between. Um, if you do wish to come up and speak, please sign your name, address and contact information, email address, phone number and whatnot on that piece of paper that's on the podium. If you're an applicant, you don't need to do that. We have your information already. Um, will you all please join me for the pledge of allegiance to see. I'm going to ask everyone, please, when you do come up, speak clearly and distinctly into the microphone. It's being recorded for minutes for the record. So our first case this evening will be a holdover for Joanne McConnell. And it's for a variation of Section 156-9, seeking both area variances and use variance for permission to allow conversion of an existing structure to a dog kennel with associate site improvements. The property is located at 605 Union Valley Road, Mohopak. Are they not here?

I don't see them.

I'm sorry?

OK. They're not here? Not here. All right. Um, we'll have to put them to the end of the agenda. So we'll take the next application for, uh, application number two for one 12 crossroads corp for very variation of section one, five, six dash nine, seeking use variance to permit 24 residential units, 14, one bedroom units at 10, two bedroom units, reserving two units for veterans. First responders in the town commercial zone properties located at 1828 route six, Carmel, New York. Then his tax map. Number 55.6-1-42. All right, good evening. Frank, you'll be speaking. Will your client be speaking as well? Depends on if you guys have any inquiries. Okay, we'll swear them in as we need to. Excellent. I don't need to swear you in as your counsel, so...

Good evening, Mr. Chairman and members of the board. Frank J. Smith III, Law Office of Schilling and Smith, on behalf of the applicant, 112 Crossroad Corp. Tonight, I'm joined by Mike Quist, Principal of the Corporation, Joel Greenberg, Project Engineer, Frank Della Gala, Contract Vendee, Bill Schilling, Project Counsel, and members of the local VFW who are here in support of the application. The property is located at 1828 Route 6 in Carmel. It is known as tax map number 55.6-1-42. It consists of an unimproved vacant parcel and it is approximately 1.4 acres in size. It is located in the town commercial zoning district. The relief requested this evening is a use variance to permit 24 residential units, 14 of which are one bedroom, 10 of which are two bedroom, with two units being reserved for veterans or first responders. In support, the board received a completed ZBA application with exhibits, a proposed design before the planning board, which we also have up here, the contract of sale, the applicant affidavit in support, prior Carmel ZBA decisions, a realtor affidavit in support, a contract vendee affidavit in support, memorandum of law, and financials through 2018. First, a brief history. The applicant purchased the property in 2004. Attempts were made to develop the property in 2005 and in 2008. In 2005, this board granted a lot with variance to accompany the application for senior citizen multifamily. That project did not come to fruition due to financial reasons. Again, in 2008, multifamily senior housing was proposed but did not proceed due to the economic conditions of 2008. Since 2008, the property has been continuously listed for sale. During that time, the applicant has only had one interested party, a fast food franchise who ultimately abandoned the project. An issue with attracting potential purchasers is the proximity to the town's sewer treatment center located on Old Route 6. Since 2004, the property has operated at a loss with taxes being paid and no income being generated. Additionally, a significant sum has been expended in town fees, architect fees, legal fees, and site studies. Last year, as the board is aware, the town implemented a new zoning code. Other than changes to verbiage, the uses permitted under the new code are essentially the same as the allowable uses under the old code. Given the history of interest on the lot, our realtor, who submitted an affidavit in support, believes that this offer to purchase may never be duplicated, and that ultimate sale is premised on obtaining this board's approval of the requested relief. As the board knows, there are four criteria that must be met when granting a use variance. First, it must be shown that the property cannot yield a reasonable return. Second, circumstances related to the property's hardship must be unique. Third, if granted, there would be no adverse change to the surrounding neighborhood. And lastly, whether or not the hardship was self-created. For the foregoing reasons, I respectfully contend that the applicant meets the use variance criteria. First, the property cannot yield a reasonable return. The property was purchased in 2004, and since then it has generated no income. The applicant has incurred roughly $88,000 in costs associated with the town fees, architect fees, site studies, and other site development costs. In addition, the town, county, and school taxes have been paid on the property each year. Taxes were approximately $6,000 annually up until recently when they increased. It's around $120,000 paid in taxes. Also, the assessed value has gone from $40,000 to over $130,000. Coupled with the fact that the property has been continuously listed for 18 years with minimal interest, the applicant has shown that the property cannot yield a reasonable return. Second, the hardship is unique. This is one of the few vacant parcels in the Hamlet entirely and one of only a couple on Route 6 specifically. Additionally, this is one of only five parcels that shares a boundary line with the town sewer treatment plant on old Route 6. The hardship endured at this parcel is site specific and meets the uniqueness requirement. Third, and most importantly, if the variance is granted, the essential character of the neighborhood will not be changed. This specific stretch of road is almost entirely multifamily. If you were to turn onto Route 6 at the Reed Memorial Library and head down towards the Topps Plaza, the entire left-hand side of the road is home to multifamily structures. The right-hand side of the road, minus a few commercial uses, is also utilized almost entirely as multifamily. Additionally, if you were to enter Route 6 from Church Street, you would see that that short stretch of road is also almost entirely comprised of multifamily uses. If granted, the proposed use would be consistent and fit squarely within the character of the neighborhood. Lastly, in this case, the hardship was not self-created. The lot is vacant and unimproved. In addition, it has been continuously listed for sale since 2008 with no interest from prospective purchasers other than the fast food entity who explored the lot and ultimately decided against it. The current contract vending has been the only other interested party. As such, the hardship was not self-created. For these reasons, I argue that the applicant has met the use variance criteria and respectfully request that the board grant the requested relief in full. Thank you for the opportunity to present, and we are here for any questions if you have them.

Okay, thank you, Frank. Just reminding everybody that, you know, obviously this has been approved two times at this point. I guess the applicant could not afford to do the development, but it expires after two years. Correct. Just bear that in mind.

Yep.

I think you made a good case, my opinion, but I know it's tough that the location, right? Location's just a hard spot for anybody, most of it. But there's always a need for more residential, and it's typical to that area.

And I think it's convenient, too, John, because you have a sidewalk there. You can walk to the stores and to whatever else is there, too. Sidewalk, bike trail, public transit. Yeah, there's a lot of upside here.

Now, this has been, it was denied by the planning board, right?

Not yet. It's not quite a referral. There will be area variances needed, lot width specifically, but we wanted to come here for the use variance first, and Mr. Fulcetti permitted that. Okay.

I just wanted to ask if Frank still understood. So right now, really the variance that's being asked is for multifamily in the town commercial zone. Okay. uh correct okay so i think that it's not a substantive it's a technical amendment but i think that's how the application should read and i think you should probably stay away from the count. They'll get the multifamily count, multifamily use if they get the count. And then you go to planning, and planning will make a determination as to the appropriateness of the count. You may say no more than, okay, or something like that. I think the application is really a use variance to permit a multifamily use in a town commercial zone. Correct. Substitute doesn't have to be renoticed, but I would just, when the time comes to consider it, I would probably do it that way.

So you're doing one step at a time here.

And you can cap it at... the app the account that they're asking for you can cap it at that and then they go to planning and planning gives them that number or something in the neighborhood then that's fine and they'll be back for the the bulk stuff anyway yeah because in reading some of the minutes like there was some concerns about making a left out of that property which yeah but that had a uh a senior housing approval for years twice yeah yeah yeah it's in the it's in the record and i guess that expired but it was a it was a multi-family age restricted right but they used to have been approved on multiple occasions so yeah that's just now a straight multi-family greg if you read the minutes it was a two-year hook they put on it so it's it's you can get do it for a year and an extension and a renewal bang bang so you can carry them for a while but if they expire they expire That's the way the code always runs.

And the soapbox that I'm on as a 34-year-old guy who lives in the town of Carmel is that senior housing is great. We love our senior citizens, but housing would be nice, too. Get some young blood moving into town and somewhere to live.

There absolutely is a need for it. I advocate for that. It's got to be smart development, right?

Will, any comments, concerns? Do you have a rendering of the property, like a visual? Yeah.

Also have to swear in the issue. Joel, if you're going to speak. Go to the mic, it gets more.

Go to the mic, Joel.

Go to the Joel, Mike. Go to the Joel. Do you swear to tell the truth? Oh, state your name and address for the record, probably. Would be wise. State your name and address for the record. All right, swear to tell the truth, the whole truth, nothing but the truth, so up you got.

I do.

We'll take your suggestion. There you go, Joel.

Joel, there's the loose one on the podium, if you want to use that one.

Oh, OK.

There's one there, too. Is that a mirror for the side?

No, we don't have that.

Hello.

Can you hear me?

Okay. This is the elevations. This is the elevation looking from Route 6, and this is the long elevation going back to where the property. There you go. One thing that was mentioned before with regard to the entrance, you may recall if you were back in those days, we got approval for a highway permit from the New York State Department of Transportation. I contacted them knowing that this project was coming before the board, and the young lady who's in charge now, the entrance is exactly the same as it was 10, 12 years ago, and she's indicated that if everything was the same as it was before, that she would have no problem issuing a highway permit. um yeah okay let me just one more thing i want to state that um uh as you look at the site plan you just put you which was just there before uh there is basically uh the only variances were and which should the same and now is there's a distance with uh and that was the That's the size of the property? They're on the drawings. Yeah, okay, good. And basically, as our client said, that there will be two units that will be for first responders and so on and so forth.

And we've also... That's like an old lodge look, I guess, right? What's that? It's almost like an old lodge type of architecture.

Well, yeah, we want to keep, you know, as you go down Route 6 on the right-hand side, as Frank said, there's all multifamily there, and we wanted to keep it, you know, not necessarily ultra-ultra-modern, but something that would fit in with the neighborhood. The other thing that's interesting here is that the basic plan is... Oh, the other thing is the parking regulations have changed from what they were back in 2005 and 2010. All right, but like Greg said, we'll contend with that at a later date.

Okay, no problem. Just for the use variance tonight. All right, any questions for me? Curiosity?

Are there any concerns with the plant being behind it?

That was my question.

Because I thought that it said in the thing that... The affidavit. the previous plans were abandoned because of the proximity to that plant. And I live near there, and sometimes if you're shopping, you do smell.

I understand that.

So people want to live.

I think the modern HVAC standards are much better now for residential use. With the fast food use, you had a drive-through that they were proposing and things like that. I think that the smell can be mitigated through filtration and things of that nature.

That was noted back in 2004 or 2005, but maybe the plant had upgrades since then, I don't know.

On a rainy day, it still smells over here.

Over here, you smell the same thing on a rainy day. Yeah, exactly.

um but i guess it's all relative for the rent too right so correct yeah that's true uh yeah i i was thinking like a little though i was more concerned to make sure that they can rent it because i i think it's a good project i just want to make sure it's not an empty

So I have landlord clients right now that are getting rid of good paying tenants because there's such little inventory that they can get new tenants that pay more. You know, my gut tells me doing this that they'll be rented quick, especially new like this.

I don't see a problem with that.

No. All right. No questions. Thanks. All right.

Anybody in the public wish to speak or be heard on this application? All right, good evening. State your name and address for the record, please.

Carl Albano, 11 Clark Place, Mayer Park, New York. Raise your right hand.

I swear to tell the truth, the whole truth, nothing but the truth, so I hope you got it.

I do. Thank you. I'm here on behalf of my brother. He owns property at 1770 Route 6, which is across from Church Street. He just asked me to come in and say he doesn't oppose this in any way. He thinks it's a proper use of the property.

primarily apartments residential and it makes a lot of sense so we just wanted to say that he's he's in favor of everything it's a good concept okay that's great thank you just fill that out for the record please all right anybody else wish to be heard on this application sir just state your name my name is dwight keith i'm a resident in carmel um raise your right hand please yep swear to tell the truth the whole truth nothing about the truth so help you god yeah thank you

So I'm involved with the VFW in Carmel. And just seeing the fact that they've considered both veterans and first responders, I think that's a big deal. I know all the fire departments in the area are having trouble keeping their members and keeping them in the town. So I think this would help both the first responders, would certainly help the veterans community. And knowing that area has been vacant for so long and not really generating anything for the town, I think it would help Topps store, all those restaurants in that shopping center, the CVS across the street, all the laundromats in that area. It would generate more money for all of those businesses. So I think it's a great idea.

Thank you. I think it would be a positive move for the town as well. Yeah, just fill out your name and address and I'll contact you. Anybody else wish to be heard on this application? I'll look for a motion to close the public hearing. So moved. Second. All in favor? Aye. Okay. Thank you all. All right. Did application number one come? I saw someone come in.

No, that was her.

Was that not her?

And the daycare lady's not here either.

Okay. So we'll keep them to the back. All right. Application number three, hold over, which is Michelle Montero, 114 Old Route 6 Realty. I think she's in the hallway still.

Was that her? Was that her? I thought that was her.

All right, for a variation of section 156-9, seeking interpretation regarding previous variants granted to allow martial arts studio. I'm not going to continue reading if she's not here. Really want to check that out? Michelle Montero? I didn't remember what she looked like.

That was her. Was that her? Yeah, it looked familiar, yes.

The code?

Is she out there? That's not her.

Oh, it's not her.

Okay.

She's not out there, John.

That's number two.

We usually would get an email or something like that. Okay.

Green space. All right, so I'll look for- Okay, I'll look for a motion to hold over this application. So moved. Second. Second, by who? Second. Julie, all in favor? Aye. Okay.

So moved. New applications this evening, application for Joe Maggi for a variation of section 156-9, seeking an area variance for permission to extend the building of the existing restaurant. The property is located at 18 Clark Place, Mohopak, and it's tax map 75.44-1-70. Code requires or allows 10,000 square feet minimum. What's provided is 8,254. So a variance of 1,746 square feet is being sought. Minimum rear yard is 25 feet. That's what the code allows. So what's provided is 23.9 and 4.2 feet. So a variance of 1.1 foot and 20.8 feet is being sought. Size of parking space is 20 foot depth is what the code requires or allows. What's provided is 11 feet. So a variance of nine feet is being sought. And the code requires or allows one loading space uh zero will be provided so one loading space variance is being sought good evening folks you guys are the applicant yes okay uh state your names and record uh benjamin address for the record please uh the benjamin john uh i'm the architect of this project like i'm gonna need you ben please to speak up this is being recorded for a minute so right speak clearly and loudly

Right, so I'm the architect of the project, 18 Clock Place, like a proposed restaurant.

Hold on, I gotta swear you guys in. Just give me your name and address.

Benjamin John, and 18 Clock Place.

And you are? Joe Mangy. Just grab that mic, please, if you don't mind.

Joe Mangy, 1128 North Street, White Plains, New York.

All right, now switch hands with the mic. Both raise your right hand. Swear to tell the truth, the whole truth, and nothing but the truth, so help you God. Okay, go ahead, Ben, you can do your speech now. Okay, so we have a four item for the adjoining variance.

Two of them looks like we already got approval in the previous joining, but two item, we doing, why we do enlargement of the restaurant in the front, and then we have one small, like about one foot enclosement to the front yard in this senior avenue, and then, Another one is like one, actually existing one loading berth, loading space, but we want to waive this one because the restaurant itself is small, like maybe about, they deliver the stuff through mini-van, they're saying, so they don't need a lot of.

I'm sorry, you gotta speak up. You gotta speak up. Maybe grab that mic and put it closer to your mouth and switch sides.

From the beginning?

No, I got some more.

Right, second one is that loading space that we replace as a handicap parking. So we remove existing loading space. And then based on the owners' uses of the property, they actually, they don't need a big loading space. They deliver all through the minivan. So maybe I hope you approve the loading space in this application.

So they won't need a loading space? Joe, are you going to be the operator of this location?

Yeah, I'm the operator. So basically, we're not going to have big trucks coming in. We use small vans, and companies that deliver are not like 18-wheel trucks.

Yeah, it's small step vans with produce.

And they deliver every other day. And so the space really isn't an issue as far as truck size. That's what he's trying to say.

Okay.

And Ed, this is more so for like what's zoned there would be more of a commercial building, right? Where-

Yeah, yeah. Existing restaurant named the Savor Restaurant. He just take the renovate. There was a restaurant.

It's been a restaurant for a long time. Very long time. Many, many years. Yeah, many years. We're just trying to improve the look. making it bigger, inside is kind of tight.

Yeah, so you're adding where that stone, I was out there the other night to take another fresh look, but there's like a little hatchway that's going to get removed and extended out. What's happening to the, you know, I've eaten there a few times, with that upper, I guess you're flip-flopping the bar to the back side? Yeah, we're going to take the bar. What happens with that upper area?

Right, the bar on the left side, when you go inside the building right now, It's gonna go on the flip side where the staircase is going up to the top. We're taking all that down.

Okay.

And the bars are gonna be against that wall. And then on this side, where the step's going up, we're gonna have staircase going straight into the restaurant on that side. So it kind of gives you a lot more space and a lot more ability for comfortability and things like that.

All right, and then that outdoor patio is still gonna remain as outdoor space?

Well, we're gonna keep that patio. We're gonna enclose it with glass windows so we can have an inside-outside kind of a feeling.

So it'll be full year-round, not just a three-season?

Well, that's the idea, to keep it that way.

Okay. I mean, the rendering looked like it, but the drawing was hard to tell.

How many tables do you suppose you'd have in there?

In which section, the inside or the new one?

The entire facility.

90 seats. 90 seats. Total's been 90 seats. 90 seats. Total for everything.

And you know, the parking is limited, as you know.

Well, we have the parking across the street.

Parking compliant zoning. We have the compliance. 33 parking, which is, we require, we provide a 33 parking space.

Yeah, it's the old stone building there? I'm very familiar with the property. You know the property well? Yes.

So this whole area is going to be enclosed in the front now. That's outdoor seating right now.

If you look at where the parking is currently where the poles are, that area there would become the outdoor seating area. And then upstairs, where it was now, will be all inside, so it connects into the restaurant.

And then what happens with the lower level? Is that still dining as well?

The lower level, where the ice cream store is?

Yes.

That's going to be all takeout, in and out, just deliveries and stuff, so they don't go into the restaurant. It would be too tight. Oh, okay.

So that's not going to be dining?

No.

Okay. Pass through. What? Pass through. Takeout. Or as they say in Italy, take away.

Yeah, take away. Well, these days everything is that, so it's an important piece.

All right, you guys alerted all your neighbors. There's no other property you can purchase, right, to bring this into conformance. You're kind of landlocked there, right?

Yeah, that's it.

I mean, it looks like a good improvement. You're going to be spending some big money to make it that way. Nice design.

Well, it's a nice spot. Good corner. It is a good spot.

Yeah. Any questions from the board? Comments? No. Guys down here?

On the rear of the building, there's a very large one-swing gate.

Do you have any plans for that gate?

Eliminate. Well, that gate is only there because nobody should go in there with it. There's a dumpster we put there when we were cleaning out, so right now that gate's there for that reason, so nobody else could put any garbage in the dumpster. So, I mean, later on, we'll have to replace it with something nicer.

That gate swings into the road.

Yeah, it's not good. I know. You need something that slides left and right. I mean, it doesn't work the way it is. Yeah. I agree. I've seen it. It's a hazard.

Yeah. I don't know how that... It's a hazard, but...

Yeah, it's just swings onto the road. Maybe we have to, right in front of, in the new proposed drawing, right in front of the gate, we had to provide a handicap parking by ADA law. So maybe we, after parking, maybe we're going to put a sliding gate in. We're going to do something that's, I mean, that's the way it is now is ridiculous. Yeah.

But it was a double swing, you know with two posts it would yeah, it would it would help it wouldn't swing into them, bro Just make it swing Swing it only would you need a lot of space in there?

No, that's what I'm saying that gates to swing inside. Yeah It's too big. Unless you get a folding gate that folds this way and goes in.

You can do that. Sliding gate.

Sliding gate.

You need to be able to get a dumpster truck in there.

Yes. Yes, there's dumpster back there.

You can do a multi-fold also. Slip this way, this way, and that way. All right.

I don't have any other questions. Thank you. You guys good? Will? Anybody in the public wish to speak or be heard on this application? Okay. I'll look for a motion to close the public hearing. So moved. Do I have a second? Second. All in favor? Aye. Okay. Thanks, guys.

Appreciate it. Good luck.

I failed to mention earlier, you can stick around. It might be a fairly short evening, so you can stick around for our decision at the end of... Adjudicating, or you can watch it on TV. I forgot which channels. I always forget this one. Channel 24 and Verizon. Channel 29, a Comcast. No, 95. 95, sorry. Or you could call the building department tomorrow and speak to Dawn or Rosie. All right, next application is number five for Ellen Lever, revocable living trust, a variation of section 156-9, seeking a use variance for permission to install two sheds on a vacant property. The property is located at 34 Avril Drive, Mohopak, and its tax map is 65.13-1-24. Good evening.

Good evening.

Members of the board. Both going to be speaking? Excuse me? Are you both going to be speaking?

This is not my client, this is a neighbor. I'm the attorney for the person seeking the variance. And this is a neighbor and I'll explain. We've come to a little bit of a resolution to adjourn this. So see if we can work out an agreement. I can explain why.

Okay, well, you can take a seat, ma'am, until we're ready for you.

And just before we start down this path, I don't mean to interrupt you. This isn't a use variance. We've started to treat this as an expansion of a non-conforming use, not a direct- Correct.

Yes. Yeah, we started calling- Right, right.

So we've been treating it as an expansion, but not the fourth. That's all. I just want to go on. Okay.

Okay, so Mr. Chairman, members of the board, Attorney Volchetti, newly appointed building inspector, my name is Ted Finkelstein, 38 Skyline Drive, Sherman, Connecticut. I'm a New York attorney, and I'm here as the attorney for Ellen Lieber, who made the application for the use variance. The reason we need the variance is it's a vacant lot, And since there's no residence, it's a permitted accessory use, but you need a use variance because there's no house.

So the principal use is across the street at a different lot?

Yes. Ellen owns three lots. There's a piece on the lake where she has her house. Immediately adjacent to that, there's a boathouse. And then across the street, there's this vacant land. The combined lot size of all three combined is less than an acre. So she doesn't have a lot of room. If she was going to put these sheds by her house, she probably would need an area variance. And if she was going to put it on the boat piece, she'd probably need a use variance and an area variance. So she wants to put these two sheds. She's not going to store anything flammable, no fertilizer, just to store a kayak, canoes, and her boat stuff for the winter.

So she'd go in and out twice. That garden that's on the property, is that... There was a garden on the property. There is now. There is a garden now. Was that once a tennis court? I don't believe so. I thought I read something in the minutes that there was a tennis court.

To my recollection, I've been Ellen's attorney for 30 years, and I don't remember a tennis court over there. Okay. So the people that are here, this is Kelly Ramos and Brian Ramos, who I've just had the pleasure of meeting. They're the adjoining neighbor, and they don't specifically object to the use. They're objecting to the placement of one of the two sheds. So I've spoken to them and they've spoken to Ellen and we think in the spirit of being good neighbors rather than just pushing through the use variance, what we'd like to do is adjourn this to the August 27th meeting and in the meantime what we would do would be to meet with them and see if we can agree where the sheds will be and then they won't object. So right now I'm just making an application to adjourn.

Nothing like the last minute, huh? That's fine. All right, so we can do that. This way you come up with a different plan and layout for us, then that would be good. I guess we'll have a big agenda.

But that's August, not July. Do you want to address the board? You can.

And you can give them your name and address and you'll have to sign. Speaking to the mic, state your name and address for the record, please.

It's Kelly Ramos and it's 534 North Lake Boulevard.

Raise your right hand. Oh, that's fine. I swear to tell the truth, the whole truth, nothing but the truth, so help you God.

I do.

Go ahead.

Okay, so yeah, so what he said is correct. We met with Ellen today to talk a little bit about our concerns, mainly our concerns involving the fact that it is right adjacent to our property. It was originally in 1992. It was sold as it was originally part of our property line, so it is... Right next to us. It would greatly impact and affect our view of the lake as currently as is, which could possibly create financial hardship in the value of the home, as well as just our day-to-day view being taken away for a shed. So that's why we're trying to work with them. We don't want to take away their chance of having a shed. But the dimensions of the shed are quite large, both of them. They are 16 by 12. Two of them back to back, which is creating a 32 foot space, which is very large. So that's why we're trying to work with them. Most likely we can agree on one, but we're having kind of a hard time about that second one because no matter where we place it, it's going to really impact our view of Lake Mayapac.

so well as the attorney stated i suspect you guys will come to a amenable uh position and you know that's that's what being neighbors good neighbors is all about yep exactly so with that in mind we will hold this over and uh we appreciate you working with each other our next meeting is july 30th i believe you're gonna need more time You're going to need more time? You're going to need August?

I think so because of the vacation schedules. It's...

Okay. Just, you've got to speak into the mic.

I think we are going to need the time due to vacation schedules. Yes.

The next meeting is August 27th. So if we could, we'd like to adjourn it to August 27th. That's the August 27th. Sorry. Yeah. Okay.

Okay.

Okay. Thank you.

All right. Anybody else wish to speak on this while it's open? All right. With that, I'll look for a motion to close the hearing. So moved. Actually, I'm going to go look for a motion to hold the meeting over.

Hold it over.

Until August meeting.

So moved.

Do we have a second? Second. All in favor? Aye. Okay. And I don't know if Dawn will have to carry it in the agenda for next month also, but just if you could talk to her tomorrow, see what she has to do.

All right.

You doing that, June? Yeah. Thank you. All right, guys. Have a good night. Thank you. Thank you. All right. And last application tonight for Clifford Chase for a variation of 156-9, seeking an area variance for permission to house six chickens in a chicken coop. The property is located at 129 Glen Ida Ridge Road, Carmel, New York, and its tax map 43.20-1-15. The code requires or allows 40,000 square feet. Only 25,000 square feet is provided, so a variance required of 15,000 square feet. And the code allows only six chickens per 40,000 square feet. And so what's being provided is six chickens, or they're asking for six chickens at 25,000 square feet. So the variance needed is to allow six chickens where only three and three quarter are allowed. How do you get three quarter chickens? That's a crazy chicken, but- Three quarter chickens. That's partly why they're here. So good evening, sir. Come on up. Just state your name and address for the record.

Cliff Chase, 129 Glenita Ridge Road, Carmel, New York.

Raise your right hands. We'll tell the truth, the whole truth, nothing but the truth, so I hope you got it.

I do.

All right, tell us your situation.

So, yeah, I'd like to raise chickens and, excuse me, and If I'm going to do it, I'd like to have six. I need to know I eat at least six eggs a day.

Do you eat the eggs? Is that part of it?

Oh, yeah.

Okay. And you're going to be sharing it with the neighbors who are in support of it, too?

I'm sure at times. I mean, one neighbor already has chickens. But, you know, I'd be more than willing to.

And that neighbor who has chickens, is it a similarly sized lot as yours?

I think they're a larger lot. I mean, I think they have an acre probably of chickens.

At least it's legal. You did speak to your neighbors?

Yeah, all of my adjoining neighbors.

I think you submitted a letter.

They have two letters here, John. Emily Denome.

So it's from Emily Denome.

Jim and Tony Pease.

Yeah. I'm not going to read them, but they're both in support. We did get these e-mails to us earlier this week. Yeah. All right. So that helps your situation here.

They're the two neighbors that border me on that side of the road and another neighbor on the other side. I spoke to them. I guess they didn't send anything. All right.

I'm sure they'd be here if they had some concerns. Yeah.

That chicken coop plan, are you going to move that around or is that... It's got wheels on it, it looks like.

Yeah, I know. Who was the... Was it Mike?

Mike Carnazza?

Yeah. He suggested, oh, yeah, you should move it. I don't know if I will. I'm concerned about predators and moving it around. It's hard to get that hardware cloth down to keep the predators out if you're moving it. So probably not. But... I could. I mean, if it's okay.

No, you don't have to. I'm asking the question just for that very reason with the fox and coyote population in your neighborhood. Do you want to protect that? Coyotes, really? Yeah, it's very easy.

Does the cage have...

This is a rendition.

screening on the bottom, because some animals can burrow through. Yeah, they can burrow out. Sort of open on the bottom. I don't know if you're aware of that. We've heard it. It's not the first chicken coop. Hardware cloth down at it. So the whole bottom is a cage as well, right? Because some animals can dig underneath and get in.

Yeah, yeah. Hardware cloth around the perimeter going out about a foot, two feet, a foot and a half or so around the perimeter. Okay. Covered up with, probably covered underneath the dirt or something like that. Okay.

All right, there's no property you can buy, right? You're landlocked on either side that you can purchase to bring it into performance? Probably not, right?

No, I mean, it's all owned by my neighbors. You're landlocked. Yeah.

All right, we have letters of support, so this is a ground ball. Julie, any questions? No, I'm good. Do you like chickens, Julie?

I mean, I'm concerned about the three-quarters of a chicken, but...

So, all good?

Yeah, I'm good. You guys don't hear a good question. All right.

Anybody in the public wish to speak on this application? Forever hold your chicken. I mean, your piece. Yeah. All right. I'll look for a motion to close the public hearing. Second. All in favor? Aye. All right. Thank you, sir. Good luck. All right, no further input on any application beyond this point as we adjudicate. Back to the beginning of the agenda. So Joanne McConnell, I guess I'll look for a motion to hold over since we do not have her here this evening. So moved. And Ed, if you can have Dawn or somebody reach out to her tomorrow and try to find out what the story is. We'd appreciate that. All right, application number two.

You've got to vote it. You've got to second and vote it.

Oh, I'm sorry. Yeah, did I?

For a hold, yeah. I second the motion.

You second, John? All in favor?

Aye. Okay, sorry. No, you're good. Application 112, Crossroads Corp. I'll look for a motion.

So we need to do the motion for the seeker. Let's do this first, all right? So are you inclined to consider the use variance? Yes. Yes. Let's go through. seeker part two all right so greg just do me a favor speaking to the mic a little more i gotta sorry all right lost my screen sorry all right so if you're inclined to consider use relief all right we're going to go through part two of the environmental assessment form for you to consider And I thought I had it up. OK. All right.

Do I have one? I don't have one.

I think I have one.

Do you have a grade? I do. I just, it's a long form, and that's not what we want to do. So just give me a second. I'll pull it up. I think one of the other options have it. Yeah, one of the other options have it. They usually put some in the backup, so.

All right, so

Did he find it?

He got it. This is their part one, so that's what the applicant submits. And then part two is our Q&A. So just give me a second. I'm going to pull it up.

Just be patient, guys. We have to do a seeker review and comments. Environmental. Environmental. For any use variance, it's required.

Wow. That was more difficult than I thought. OK. Are you ready? Let's do it. First question. Will the proposed action create a material conflict with an adopted land use plan or zoning regulation? No. No. All right. And your answer is no or small impact or moderate to large. So the answer to that was no. Will the proposed action result in a change in the use or intensity of use of land? No. No. Will the proposed action impair the character or quality of the existing community? No. No. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a critical environmental area or CEA? No.

I don't think so.

Will the proposed action result in an adverse change to the existing level of traffic or affect existing infrastructure for mass transit, biking, or walkway? Small.

I would say that's a small because it's just the density. Still, yeah.

Even the planning board would address that. Yeah. I would say no. Small impact. Negligible. There will be an independent seeker review on the application as a whole as well. Okay. This is the uncoordinated review on the zoning part.

Okay.

All right. Will the proposed action cause an increase in the use of energy and fails to incorporate reasonably available energy conservation, renewable energy opportunities? No. No. Will the proposed action impact existing public or private water supplies? No. No, that's public water there. It's public water. So maybe small. Negligible.

Negligible, so small.

Will the proposed action impact existing public or private wastewater treatment utilities?

Well, it's right there.

It's an easy hookup. I feel like it's the other way around.

Short run.

Short run. Small. Will the proposed action impair the quality or character of important historic, archaeological, architectural, and aesthetic resources? No. Will the proposed action result in an adverse change to natural resources, wetlands, water bodies, groundwater, air quality, flora, or fauna? No.

Then the planning board will adjust that. Okay, no.

Will the proposed action result in the increase to potential for erosion, flooding, or drainage problems? No, you're off on a hill there.

No.

All right, and will the proposed action create a hazard to environmental resources or human health? No. So if, based on your answers, The board can move to adopt what's known as a negative declaration with respect to seeker on your analysis of the part two questions.

All right? So I'll make the motion to negative declaration on the seeker based on the analysis. Do we have a second for it?

I second that.

Okay. All in favor?

Aye. Okay. On to the variance should be a use variance with a maximum of 24 bedrooms, okay, permitting multifamily use with a maximum 24-bedroom count. Okay. All right.

Do I have a motion to that effect?

Motion to grant.

Say the whole thing, though, John.

Motion to grant 24 units. Max. Maximum. As part of the use variance. As part of the use variance.

Actually, you said beds, right? Beds or beds?

Bedrooms.

Bedrooms.

So it's held to 25 bedrooms. 25 bedrooms? 24 bedrooms. 24, sorry.

So max 24 bedrooms for multi-family use. All right, do I have a second? I'll second. Any discussion?

No, the application's for 24 bedrooms, okay? Oh, 24, okay, I apologize. The 24 residential units. Right, so the application's really for 34 bedrooms. But you could say 24 residential units.

We're gonna amend that motion to grant the multi-family use for a maximum of 34 bedrooms

And I think I second it, so I'll second that, the amendment.

14 one-bedroom units and two-bedroom units. Yes. All right. Excuse me. All in favor? Aye. All right. Any discussions? No. All right. So moved. Good. Number three, we held over.

I don't think we formally did. So I'll motion to hold over.

All right, do I have a second? Second. All in favor? Aye. All right, we'll hold that over. Application number four, Joe Mangi, look for a motion. Motion to grant. Any discussion? Do I have a second?

Second.

Any discussions? No. All in favor? Aye. Okay, application number five, Ellen Lever, revocable living trust. I'll look for a motion.

Motion to hold it over until the August meeting.

All right, do I have a second? Second. All in favor? Aye. I think we did that already anyway, but cover our bases. Application number six for Clifford Chase, I look for a motion. Motion to grant. Do I have a second? Second. By Julie. All in favor? Aye. All right, so moved. All right, minutes from May 28th, I'll look for a motion to accept.

Motion to accept.

Do I have a second? Second. All in favor? Aye. All right. And a motion to adjourn the meeting this evening. So moved. Another second. All in favor? Aye. Thank you, guys. Have a good night. Have a good night, guys. Appreciate it.