Planning Board - Regular Meeting

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e e e e [Music] we're gonna take those one right they had walk they didn't want you up going in uh Chester Heights

okay he couldn't walk up the stairs but he wanted it he just couldn't get up [Music] brand new that day scace for me no standing room only that's the okay you ready contract okay it's 701 the town of Chester's Zing board of appeals is called to order let's start with our introductions we'll start from my far left I'll use this as the Roll Call Tom Atkin walon pello secretary Greg Felson chair Julie Bell Dan Dinger right just you should be here right exactly thanks um okay so let the record reflect that we have a quorum and now let's uh if you'll join me please rise for the Pledge of [Music] Allegiance algi [Music] okay so we have well welcome back everybody um so we have only one item on the agenda this evening this is uh Kendrick application for8 Ruth Lane is that the correct address okay we'll talk maybe uh I rode up the road yesterday and it on this thing it said like it was 18 no okay okay just yes you only have on yes yeah sits up there okay so so um I guess Craig you're representing the applicant or it doesn't matter we're very informal cont yeah yeah fair enough fair enough yeah there you go good Yelp

reviews okay so um so you're here because of a building permit denial that was issued on the 11th of March having to with um two-story garage um and apparently there's an issue with the height relative to our zoning so I will let you talk us through what it is you're looking to do and we have some uh visual a here you like these um we could start with the why don't you start with the I'm not a public speaker you know just the uh yeah the white yes exactly maybe one of them yes so as you can see we're looking to build this garage for Mr Kendrick here um we're trying to keep it aesthetically pleasing to kind of match the neighborhood slash the house um you know we could probably achieve the inside space with a lower pitch roof but I just don't think it's going to fit and look proper in the area you know I mean 24t we're looking for 3 fo1 it's not going to be higher than the house uh the back fit is actually kind of built into the hill so you could be able to walk in upstairs via just off the ground so the right side and the backside are kind of built into the hill um and I don't know that's so you're saying you're saying it's it's it's higher it's lower than the height of the house the house uh it's probably about the same about the same yeah yeah it's definitely not lower just about the same and and is this is this a stock plan or was this designed specifically oh no this is an architect this is an AR yeah this is as far as we brought it just God forbid we can't move forward we don't want that construction plan yeah so saw picture the house it looks similar house looks like that there's three Dormers and it's that right we

might eliminate one Dormer just thinking it's too much for the garage put to you know change the spacing a little bit so the height is is for design it's more for the pitch of the roof okay not so not so much utility and for design and for design you know what I mean because I don't know you know he's got a I think it's a 1212 if we went to looking what we're looking to do here we're gonna be at like a four it's kind of like it's not going to look nice you know it's gonna be almost a flat roof in essence you know I need certain I probably should I don't know what to say or not to say I need a certain height in the garage so I can stack cars mhm right and that was my father all my father's fault but there there's a rationale why I need the heal the ceiling height in the garage right and it's actually lower than I really want I really want 13 people but I think it's 10 yeah I think we're at 10 kind really at the minum so for the space upstairs you know the architect and whatever came up with you know current as CRA mentioned the left side if you saw if you saw the property yesterday off the back of the driveway you know it starts to decrease the elevation so the back end of it and the right side is pretty much going to be almost buried into the hill so it's not blocking any sort of um view of any you know surrounding neighbors um it's actually lower than the neighbors down Clos they're higher why don't we put up the um the overlay that I put together showing the neighborhood one thing that I need to mention that you can't see with these plans is the back is somewhat of a dorm roof it's not just a standard Gable Too Many Lights yeah similar to his house actually you can shut those lights up Michelle shut those lights I know if it's a saw box but please it's not a saw

box thank you so I created this overlay with Google you know the satellite view and the plan just to give the board a sens as to where oh sure yeah absolutely so I mean I it's approximate because trying to pointer laser just push the button right there so so this is this is my house here okay so my property goes basically all the way up here line obviously right this house here oh you broke it yeah here actually sits up so I would say the foundation here is at the same like there's a hill here right that kind of surrounds it like they they dug they dug this portion of the Hill out to to create the driveway and and the house so the house is kind of level but this house here the foundation is probably at equal elevation to the top of this hill here which I would say it's I don't know it's probably 15 feet yeah at least and this house is significantly higher so and this house is significantly higher and it set back the garage is not going to come back to right about here probably somewhere in that area so if this if this neighbor here was concerned about his view of the valley which would go this way right he can see the valley right it's not obstructing any sort of view of any of the neighbors and like as Craig mentioned the fact end of it is going to be basically a walk up so from the back side perspective you're only going to see that the back side of the one story it's not you know it's not flat that

helps you keep this sure said nobody ever board members have any [Music] questions put on myty that's it are on my property seems to be a new trend building garages that are bigger than principal dwelling yeah my house just to be clear the second floor is for storage yeah we're not even putting water to here just electric just electric that was my next question yeah I'm sorry the board have any questions comments concerns before we get on to some other issues that we identified when looking at the application so we're just looking for height that's what we're looking for yeah so yeah right so U so 981 a says that the maximum height allowed in an accessory building is 24 feet and the applicants are looking for 2710 which is 3 10 was it 3 31 yeah 310 yeah okay Danny how big are you kids how tall are your kids they're taller than that yeah I think you're like eight foot tall those kids you see what we're very very big into visual aids here obviously that would have been good other one she's a p okay all right so there no no further questions about this aspect of the application I guess site visit probably be helpful to visualize some of the yeah it definitely would help I mean because it is a little bit of an odd spot it's not just flat you know Tom does that description consist I mean it's pretty yeah he's got no Neighbors on that side of the road you know it's uh and it's not really gonna be much higher than the the hill you know I don't think it's that bad well it's going to be one story above the hill yeah yeah it's a straight line across the bridge of the house you know the hill goes up behind yeah it goes higher yeah

up to the crest which then over the crest goes to the proper yeah like you would never see this from King's Highway not that that matters but you know looking no from Kings Highway to the right you won't see even the peak you know you can't see his house and it's lower the hill drops down behind the house okay if if we've done talking about the potential impact of height um could we switch to the overlay the second version of the overlay so there's some other potential variances that might come into play here unless you decide to move the building a few feet in one direction or another yeah I don't think it's set in stone yet but it's relative close I don't there was some in stone well no I mean you know if we have to move it a couple feet to yeah you make things work obviously we can do that yeah well okay so one with the red line no not that one how big is your lot there five five point something right five yeah okay so the other issue that is identified is that you are in the side yard setback which is for fet Oh I thought so that red line is in my attempt it's very approximate so you're you're let me just make sure I got this right so yeah so so according to 9811 B1 uh you have to respect the sidey yard setbacks for accessory buildings and 100% so that red line is is part of the sidey Guard setback of approximately 40 feet so you're about two feet three inches uh you have 379 if I read that plan it was a little hard 100% yeah that's what I see it's 379 Okay so then you're about 2 feet 3 in too close to

the too far into the side yard set back I I think that's negotiable but it Chang because I don't even think that's the proper it's not it was actually supposed to be closer to the house it's supposed to be closer to the house more probably on the same angle of the house itself rather than you know um it looks like it's St the road if you will yeah see how the house is yeah I just C I just put that box on top of the drawing yeah no it's exactly how they drawing okay so we came up with the placement via phone call ah perfect I i' never actually sat down with the architect at this point yet you know what I mean so we can adjust it as necessary yeah the other yeah so there's actually two issues with the sidey guard set back the other one I'm gonna I'm gonna call up that's that should be the scale should be pretty close yeah because he has to draw it the scale to get dimensions um so it needs to be 40 yeah so so 98 9811 B1 says construction of accessory buildings may be allowed in the front or side yard but not within the required minimum setback which is 40 feet in this case of such front or side yard on Lots containing five acres or more not sure that's the way I would have written that sentence but that's where we are however such accessory structures shall not be visible from the road on which the parcel fronts o so I guess my suggestion would be if you could move it out of the side yard setback you would um avoid having to deal with this these potentially two additional variances in addition to the hype variance I think I lost you there for a second is you're saying you can't see it from the road if the building does not um is not is it it can't be seen from the road if it's five ACR yeah if it's okay let me

let me rephrase this the sense to make more sense construction of accessory of accessory buildings on Lots containing five acres or more may be allowed in the front or sidey yard but not within the required minimum setback of front or sidey yard however such accessory structures shall not be visible from the road on which the parcel fronts so in other words if you had 80 feet on that side and you put the garage Pro appropriately not in the set gu you still would have the you you would still have to worry about it visibility is that is that that right sounds what you read yeah accessory structure in the side yard but you don't want it to be seen from the road right exactly it's peculiar only on five acres but only on five AC which is makes it even more peculiar because it's such a large if the property is long and this and the side yards yeah any it's weird yeah we yeah technically you can see we're not responsible for the code we just if you got a garage doors in front you really got to see from the road so you can go up up into the garage but if you move it out of the sidey yard so if we move it to 40 feet or more yes we're we're covered there yes oh okay so that's actually an easy fix in theory yes that will fix they won't need a side yard variance area variance but just to be safe I think the board should consider granting a variance from visibility the visibility because honestly it's very strange yeah I G be honest I could see the World Trade Center from raway or not rway Ramsey so you can see it we're not building the Trade Center you know the visibility from this uh 9811 B1 does it say at the end though but not on private roads or anything like that

yeah I noticed it it's a private road um no it does not say that road does not yes yeah sneak that change not really it doesn't no it doesn't right but still that's that's another reason to visibil right right if the garage could be pushed back behind the the back line of the house then that would negate that as well correct and they only go VAR but you still can see it from the road but right right if it's in line with no front or side only if you move it out of front or side I think then you you're cleared right it's backyard if it's in the backyard it's in the backyard oh it's gonna be in the backyard but you still see it from the road that's fine not what saying it depends on how well yeah but if I if we make that straight with the house yes if you yeah your problem is the backyard is defined by a line that runs along here so this it's going to be parallel with the house L behind the back at least 10 feet behind the house it's just angles 10 feet behind the line that defines the back of the house gotcha so it's in the back yeah so then it then it the back in the backyard okay so the back it's defined as the back of the house right the way it's shown here is I should have had to change it yeah the back of the house this is their original drawing so yeah yeah yeah goes all the way right it's in back of the [Music]

house yeah yeah no matter what I got to if you move it if you but you're going to move it in and back correct so you're going to get out of the obviously the side yard continues all the way back right because it changes angle here somewh I didn't want to try to get too fancy as long as it's behind the line that defines the back of the house backyard you should be clear of those yeah because we definitely have to go towards the house too because we're changing that angle well right parallel so this would you have uh yeah okay so we're bringing that to your attention the way this would work appreciate that no we way this would work is that the building department would know that that you have to deal with this issue when you submit the final site plan we can just address this as the height height variance and yeah that's incorrect way okay that's fine and I was under the impression for some reason it was six feet and I was shocked by that number but what was six feet set pack side side yard yeah for aness five feet for for a shed yeah I think it might have been classified together for some it doesn't matter you know it is what it is okay okay so the next step would be the board is comfortable moving forward the next step would be to um let me just review a couple of other things yeah the application is complete um environmental assessment form is not applicable no 239 m is required you're not within 500 feet of anything of note as far as we're concerned uh we can do the secret determination next time um yeah so the next thing would be to if you're if you're amenable the next move would be to have the public hearing which involves some mailings publication of the paper right something Melissa has

all the instructions laid out for oh you did already okay fine perfect and then we could schedule that for our next meeting which is April 10 second y 10 okay perfect okay does it make sense to do the public hearing for the height when we know the other issues have to be addressed it's on it's on the applicant to address that I'll have that addressed obviously all I need to do is update this as far as the the situ you know the way the building situated and it will be clear of those yeah okay so then it's not yeah you would just need to make sure plans are to the build 100% yeah I'll get it by end of the yeah yeah they'll have by the end of the next week or something like quick and again if it's not going to be possible to get it out of the sidey yard setback or into the backyard then you know we would want to address that oh yes in this public hearing as well otherwise you have to go through the whole process again yeah no we want to do that fix that so so I guess I have one question I mean I just don't want to I just want to make sure when we adjust all this what's our distance supposed to be from the house 10t oh it's 10 feet okay so that number perfect and further way fine minimal oh yeah minimum right yeah minimum right okay uh someone like to make a motion to uh schedule the public hearing for April 10th for the Kendrick application Julie Bell made a motion someone like to second that I'll second it who was that oh it's Tom oh perfect okay so uh take a roll call vote Tom yes Walt yes I say yes yes yes okay so the public hearing is scheduled for April 10th 7 o'clock the only thing on the agenda at this moment right correct at this moment well I appreciate you

guys coming out for this no I know you do but it's like you know yeah we'll get I'll get that for you yeah yes be sending you um a public a mailing list okay and that has to go out um along with the public hearing notice attorney gu time record I have a list of everything it sounds a lot more than it is but it's simple are you going to email it or mail it well we need to have there's a fee for $75 um over if it's anything over 25 um addresses then it's a dollar each but I'll get it all straight out no worry Craig has been great yeah we'll get it straight out very attentive with everything so we'll be in last night you can find somebody else to build your garage can I have this of course any other [Music] business of course question so we own Black Road um 60 Black Road you know there's two commercial buildings there so my father is interested there but he actually heard that there wasum on commercial buildings or extensions or is that being lied sometime in the near future just want ask question I think that's a town board question right yeah

so there is a there is a update to the comprehensive plan which has put a moratorium but I don't know the I don't know what the framework is around what's what's there there are some exceptions to the moratorium developments under certain I I don't know the details that question Town board I think yeah yeah [Music] sorry all right gu we're good if there's no other business someone want to make to close the meeting I'll second it seconded by Tom all in favor say I I anybody object no anybody abstain meeting is officially closed thank you thank you thank you