Zoning Board of Appeals - Regular Meeting

All right, good evening everyone. Welcome to the February 2025 zoning board of appeals meeting for the town of Caramel.

In front of you are the names of the board members on the podium. Mike Cararnaza, code enforcement officer, Ed Spadera, pending code enforcement officer, and Greg Fulcetti, town council with us this evening. Um, the way we operate is I'll ask you to come up. I'll swear you in uh unless you're of counsel or a lawyer and um we'll hear your case. We will ask questions from the board members or make comments or concerns. We'll open it up to the public for them to express any uh concerns or questions and then we will um close the hearing. Once we're done with all the cases tonight and the hear the cases are closed, there will be no further input from anybody. If anybody wishes to be heard who is not an applicant and you want to come up and speak, just make sure you sign your name, address, and signature on that piece of paper that's on the podium. Will you all please stand and join me for the pledge of allegiance to the flag of the United States of America and to the republic for it stands, one nation, indivisible, with liberty and justice for all. Thank you everyone. Our first case tonight and no holdovers for once. Wow. Um is application of Christine Hickeyi for variation of of section 156-9 seeking a variance for permission to construct a new deck in the front yard. Property is located 220 sheer hill road mopac tax map 65.11-2-30. So the code requires and allows 25 ft. What's provided is 17 feet and a variance being saw of 8 feet. Good evening. Hi.

Uh, just do me a favor. Turn the microphone. Yeah. So we can pick you up. This is being recorded for minutes. So please speak clearly and distinctly into the mic so uh we can get accurate minutes made. Uh what's your name? Christine Hickeyi. Address. 220 Sher Hill Road. You raise your right hand. Swear to tell the truth, the whole truth. Nothing but the truth. So help you God. I do. Okay. What's going on here? The gazebo's been there for No, mine's a deck. Oh, the deck. I'm sorry. Mine's a deck. Yeah, it's a new deck on the on the house on the And so I have two fronts because I'm on the corner of Sheer Hill and Logan. Okay. Did Did you not get a permit for it? No, it's a new one. It's brand new. Oh, you want to build a new one? It's brand new. Yeah. Um

Okay. Yeah. You have two fronts, so you're kind of uh held to a different standard. Um is there any property you can buy to make this conform? Obviously not. Right. You're locked in on every side. There's roads on the other side. Yeah. Um, and you talk to your neighbors about it. Any any issues or concerns? The deck won't be really interfere with anybody. It's really not because it's kind of heading out into Sheer Hill Road. Um, and the closest neighbor is kind of south of me behind where the deck is going to be almost behind my house. Um, so I don't think the deck is going to interfere with anybody. And that's not is is that your septic over there on that side? No, the septic's in the other front on Logan.

Other side. Okay. you're not affecting any footings or anything. Um, it look pretty well screened with with trees around there, too. So, yeah, I don't think it's uh too encumbering on anybody, but let's hear the board members. No questions. John, anything on this? No questions. No questions. All right. Does anybody in the public wish to speak on this application?

Okay. Um, I failed to mention if you guys want to stick around to to hear us adjudicate on the decisions later on, uh, you could do that or you can catch it on the TV channels, Verizon channel 24 or channel 95 is Comcast. Uh, or you can check with um, Dawn tomorrow. She'll be into the office till about 12. Or you can see it on uh, TV review. Sure. You're going to want to stick around. I don't think it'll be too late of a night. It's going to be short. So, All right. Thank you so much. Okay. Thank you. All right. I'll look for a motion to close the hearing on this application. Second. All in favor? I. Okay. Thanks, guys.

All right. Second application is for Christopher Prima Vera for variation of section 156-9 seeking a variation a variance to permit for permission to retain existing shed. The property is located in 19 Overlook Lane and Mopac and it tax map 64.18-1-49. So the code requires 10 ft on the side. What's provided is two feet. So a variance of 8 ft is being saw. Good evening, sir. All correct. State your name and address for record. Question for Primar 19 Overlook Lane, Mayack, New York. Swear to tell the truth. Absolutely. The whole truth, nothing but the truth. So I'll help you. All right. Uh, how long has this been here? Sh. 20 years. 12 years. 20 Oh, 20 years. Yes.

All right. No one No one ever complained about it. No. I see you're up. You got some screening around here. You got I think there's a fence behind it, right? Yeah. It's not visible from the other property. Um, if you had to relocate this, what kind of cost would would you be dealing with? Unknown. It would it might have to be a thousand. Couple thousand probably. Okay. And there's no property you could buy to bring it into conformance. Say again. I'm sorry. There's no property you can buy to bring it into conformance. No. So, you're landlocked there as well. All right. Um I like the dog in the picture. Yeah,

he's part of the variance. Dog. Um yeah, your septic's not over there anyway, right? No, it's not on top of anything. Talk to your neighbors about it. The Yeah, actually our neighbor actually had a barrier for a much larger shed down the other side of the fence. So, he's he's quite all right with it. All right. What's good for the goose, right? Yeah. All right. Down this way, Julie. Any questions? John. All right. Anybody in the public wish to be heard or speak on this application? Going once, going twice. All right. I'll look for a motion to close the hearing. So moved. Second. All in favor? I. Okay. Thank you, sir. Thank you. Good luck.

All right. Uh, application number three, Gilberto Mendoza for a variation of section 156-9 seeking a variance for permission to retain a gazebo. That's where I got thrown out. Uh, the property is located at 8 Cornish Road in Caramel and it's tax maps 55 54.8-1-33. So, the code requires or allows 15 feet to the side and four feet is provided and a variance of 11 ft installed. Good evening, sir. Good evening. State your name and address for the record. Gilbo Rendoza, A1 HRO K, New York. All right. Raise your right hand. Swear to tell the truth, the whole truth, nothing but the truth. So help you God. Yes.

Okay. Bring us through your application. What What are you looking for here? You got um How long has the gazebo been there? It's been there for two years or so. No, it was two years. Yeah, almost two years. You didn't know you needed a var? No. Plus, it's it's removable, but it's too heavy now. Now that I installed it, it's too heavy. And behind the gaze, well, I got my neighbor. Um, in one side, he got his one his shed where he keeps the woods there. Um, in the back, he got a um it's like a downfall. And then in the back of my property, like if I move it to the side, it's

just Do me a favor. Turn the mic up to to your mouth. There. There you go. So, if I move it towards the house, it's going to be too close to the house. If I move it backwards, that's what the um septic tank is. Well, what determines it being too close? Our job here is to like give permission for the minimum possible. Okay. I don't think this thing is on footings, right? No, no, it's it's it's movable. Yeah, it's mo but it's extremely heavy. All right. And I'm the only You'd have to get some help if we wanted to move this thing anymore. But but where would I move it? How far from the house is it exactly from the uh from my neighbor? No, from the house your house. From your house.

It's it's at the end of my um driveway is in my What's the distance from the house to the gazebo? Roughly. Roughly like um maybe 8t. How much? Eight. Eight ft. 8t from my garage to the gazebo. from my garage to the gazebo might be like 8 ft. Uh, and then there's a fence there. That's my neighbor's fence. That's your neighbor. What do you use the gazebo for? Um, just hanging out. Sit down like just sit down and just spend quality times with the family. Is there electric running into it?

None. Looks like it's a snow snow removal equipment or I I I just put the um my neighbor it was the electrician for Caramel and when he moved Dave when he moved he left me his um what he used for the Christmas um parade. So I have it under that gazebo because it has a float like a float. Yeah. And you go I got his float under that and um the furniture for for the time is under that. Mhm. It's covered for the winter. All right. I mean, if this thing was built in and it had footings, it'd be a lot more difficult to to move. But if you got three buddies, I have no way to put it, though.

You can move it closer to the house is what I'm getting at. So, I'm going to I'm going to make a deal with you here. Let's move it like three or four feet closer to the house. It'll still be on the driveway. Correct. Yes. Right. So, you can lessen the amount of variance that we need to grant to you. Got it. In the interest of the town and and you know neighbors and everybody, if this thing is movable, we want you to move it. I mean, I'm going to throw a number out. I say four feet over closer to the house. You guys agree or disagree? You tell me. Come up. Go 8 ft. So 158 seven and you seven feet. You'd have a variance of seven feet.

Yeah, that's six feet and another foot. So if we move it over four feet, uh, eight feet will be provided and seven will be and seven will be will be needed. What's the dimensions on that gazebo? I believe it's like it was in there like 13 by 13 that is or 12. Yes, something like that according to at least this. Yes, it's a little rectangle. You can see it's not full square. Is that made out of wood? Yeah. Mhm. Yeah, it's wood. It looks like it's What's the roof made out of?

Um like a thin aluminum. Aluminum? Yeah. Yeah, we we had one like that. We We were able to move it. I bought it in Costco. Costco. Um right. Because there's no other property you can buy. You're locked in here to Right. to bring it into conformance. That's on the grass, correct? No, it's on the black top. Yeah. Oh, it's on black top. Yeah. Yeah. So, he'll still jack it up and just put wheels on each corner and just move it up. Pick it back up. It's not that hard. Yeah. All right. So, everybody agree to those numbers? Yep. Sure. All right. All right. We're going to we're going to do that. Four feet from the neighbor.

I'm going to ask you to move it over four feet right from where it is now. But I got to amend your uh application here and you have to sign it. Uh so 8 feet will be provided and then seven feet variance is is what you need. So you understand we're just our job is to grant the minimum possible right and you have a means and methods to do this without being too encumbering. So, all right. Do me a favor. Come up and sign us.

Just initial.

Well, that's a good question. Mike, if if we amend this, how long does he have before he has to move it? Does he have 60 days? Whatever. I don't know. Give him uh get get into the channel. That way we could hear you. All right. Right. Yeah. We're gonna give them time. So it's not going to be I mean I outside of I get it. I got to move it. Right. My son's car is there. My son passed away on 2021. So that I'm I'm just saying I got to move it. I I there's snow there. There's a vehicle there. So I cannot move it out anytime soon. That's all I'm saying. 60 days. 60 days. I think we should get June just because we don't know if it's going to stop. 60 days is April. Huh? 60 days is April

through April. Through April. Yeah. By then, I hope. So, the same May 1st. By May 1st. May 1st. That'll be snowing after April. May 15th. May 15th. May 15th. May 15th. May 15th. I am right. Tax day. April 15th. Nice to know you, John. I don't pay taxes. All right. We'll say May 15th. All right. You guys agree? Okay. All right. Um, any other comments, questions? No. All right. Anybody from the public wish to speak on this application? All right. I'll look for a motion to close the hearing. So move. Second. All right. Good.

Uh, all in favor? All in favor? I I Thank you. because because if I make the motion, I'll

All right. Next application this evening is number four for Raymond Hill Cemetery Incorporated. Variation of section 156-9 seeking variance for permission to add addition onto existing garage. The property is located 165 Route 52, Carmel, New York. Tax map 40 44.9-1-17. The code requires or allows front yard on the Dykeman roadside of 40 ft. What's provided is 13.1 ft. A variance of 26.9 is being sought. Good evening. You are. Good evening. Name and address for the record. Uh Adam Thyberg from Inside Engineering, three Garrett Place, Carmel, New York.

Swear to tell the truth. The whole truth. Nothing but the truth. So have you got it? I do.

All right. Take us through this Adam. So this like a previous application, we've got two frontages. So we have frontage on Lenida. We also have frontage on Dyman. So there's two existing buildings along the Dyman side that have been in place there for 30 years. Uh 30 years plus, I believe. Um they sit within the front yard setback there. The applicant currently has a project has the project before the planning board and they're just looking to do a 16ft expansion on the existing shed. Um, so that being the case, again, we're, you know, we're looking to clean up the file uh on a something that's already has a non-conformity because of the proximity of the existing building to the property line there. Um, just to run quickly run through the five criteria. Um, the granting the variance will have no undesirable effect on the character of the neighborhood. It's just a modest expansion on an existing building. Um, and it's also a a pretty small, as I as I mentioned, it's a small addition, 390 some square feet on a 14 plus acre site. Um, there's no alternative uh for the applicant to to gain the same benefit that's being sought. Uh, as there's no other appropriate place on the site to to put this. Um, it'll have no adverse effect on the environmental condition of the site. It's a very small addition. There's no trees or significant vegetation that are being removed in order to put this up. Um, hardship's not self-created. Um, the proposed addition is on a garage that already exists. Um, and given the nature of the use of the site, as you know, it's a cemetery. Uh, there is a significant amount of open space, but obviously there's very little space that would be appropriate for a structure like this. There's also an efficiency factor um to put this additional garage space somewhere else on the site when they have the existing garage in the location that it it just wouldn't make any sense.

Electric and there's no plumbing or anything, right? That and even just operationally, you know, we're going to get this tool from over here and I'm going to go to the other shed and get the other tool from over there. Just wouldn't wouldn't make sense. So, expanding the existing garage just makes a lot more sense. Um and it's not a substantial request. Um the building is already in the front yard setback. Um, and it's a again it's a 16 ft expansion of an existing garage. This again just more material equipment storage. It's material and equipment storage. Yeah, it's it's a garage. This was in front of us back in September. Yeah, we dismissed. Yeah, we dismissed it. Dismissed. Yeah. Right. So, we're back. We're moving forward with the planning board. You know, assuming that, you know, the the variance is granted, we'll be back in front of the planning board next month. Yeah, we changed applicants. I mean, engineers.

Say again, Mike. They changed. So, okay. Oh. Um, now it's it seems like it makes sense. There's no other logical place to put it. You're you're continuing on the same line that's there existing anyway. That's right. Um, it's not really encumbering anybody on either side. There's no other houses nearby. It's actually just open road face anyway. That's a main thoroughare. Once it's built, I think, you know, you'd have a hard time knowing that it was even done. It's a it's a 16oot expansion on an existing building. Well, I'll ask just the questions for the record. There's no other property you can purchase to bring it to conformance, right? So, um, thank you. Obviously, I don't think anyone's here to complain about it, but we'll we'll open it up next. But,

board member questions. No questions. Were there noncon are the nonconformities on the property? Yeah. So, the the these two buildings are in that same setback. Uh, in fact, there's another portion of the shed that's actually closer to the property line than the ex the expansion will be. Uh there was a variance granted for 12 and a half feet on the other side of the shed. We're going to be 13.1 feet. Um so it's, you know, it's just kind of going through the process again. Yeah. Why not do this all in one shot? Do what? This is the only variance that we're asking for. Oh, this is the only one. Yeah. I thought you were cleaning up other stuff. Okay. No, they're building one addition. The old part, I guess, the of the garage was already in there,

right? And legal. And it's And it's legal. Yes. That was that was where my I was going. Okay. All right. You guys get down here. Yeah. Now, 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 by Julie. All in favor? Thank you. Thanks, Adam. I

All right. Application number five, Carl Pera for variation of section 156-9 seeking variance for for permission to construct a detached garage with driveway properties located 7 muscuit road uh southopac is tax map 75.73-1-1. The code requires or allows a lot coverage of 25%. What's provided is 44.8. So a variance of 19.8% is being required. Can I just interject real quick? This is going to be a problem coming up for the near future. The new we deal with on Okay, we already went over this. I on lemons,

correct? So, anything back in the day, it was only building coverage. Now, it's coverage and that includes paved uh pavers, sidewalks, everything. So, just so you're aware of this is going to be Are you working on on fixing like something with the town board? Yes. This has not come up yet with the town board. Um, probably in the next group we'll talk about it. See what they say. There's a reason. I mean, part of it is the environmental aspect of it. So, they don't want all the coverage. So, we have to run be correct. So, we have to watch what we do. But just so you're aware, that makes sense though, John. Especially watershed. So, so all right. Good evening. How you doing? You are? My name is Carl Pera.

What's your address? Seven my scoot road south. All right. Raise your right hand. Swear to tell the truth, the whole truth, nothing but the truth. So, help you God. Okay. All right. What are you looking to do? You're building a detached garage, correct? Yeah. Um, kind of large. No, for this this area. I'm into cars. The uh just a car enthusiast. Okay. So, that's what's the purpose of them is is the house storage of the cars. All right. There's no not running a business out of here, right? Not at all. No. because I I looked it up on uh I didn't get a chance to get to the property, but I looked it up on on Google Earth and it said fleet luxury car rental right at that address.

The previous owners I keep getting mail to. There's like they were running a lot of companies like Royal something, I don't know, but I bought it as a foreclosure. None of that pertiles to me though. All right. So, it was like a limo service or something. I'm sorry, city. It seemed like it was a limo type of business or something. It might have been from the previous owners that I I purchased the house about a year and a half ago. It was a foreclosure. All right. So, this is solely to house cars or you going to be working on them? House cars light mechan like uh maintenance on them. So, all right. Did you talk to your neighbors about this? Any Yeah. No, they're all fine with it. The ones I spoke to, my immediate neighbors on that side.

Uh yeah. So, my closest neighbor. Yeah. Uh the one in the front. All right. There's no property you can buy to to bring this into conformance. No, no, you're right. They're probably ecstatic because this property has been a problem for a long time. Say it again, Mike. I'm sorry. This pro property has been a problem for a long time. Um, the previous owners neglected it as you are cleaning up now. Um, so I'm sure the neighbors are happy to see something actually being done with the with the house. It was a mess. So, you making improvements to the house, too? Oh, yeah. Yeah. Yeah. No, absolutely. I mean like if you probably saw the house a year and a half ago, you would have run. Really? It was bad. Yeah, we did a property cleanup there.

I mean, this again, this isn't built to just like the previous case. We try to like to lessen the need for the variance or the the capacity of the variance, you know, is if there's a way we can move it closer to the house or or minimize the size to make it less encumbering on on the neighbor side. Right. You got 12 12.3 ft. I'm so the the setbacks for that side is only 10. So like uh I don't need I'm not um you don't need variances for the set for the area coverage. All right. Yeah. So

So it is like a 12 by 12 uh door. That's a height though. The height of that door looks like it's about three feet higher than the other ones. Yeah. What is that? Like a custom detail? Uh, I want to do a um a two so at some point when I have the funds for it, a lift and you can put two cars high just collecting cars. But you should you want you want to be able to bring a car in. It looks Why is it so much taller? Is that for a you know it looks cool masked or No no it's like it's just strictly car guys you know when you look at it with the two cars in it you see more of the cars with the doors open you're saying?

Yeah. And then also the garage door on the back. The uh my plan was like uh it'll be a pass through like one I know with like garages get hot air flow and then if I want to pull a trailer through or something like that. There's a door on the other side. Uh yeah on the back side. And what it's aluminum sided like a butler building. Uh yeah. So it'll be all made out of metal. Say again. All made out of metal. the roof and and the siding itself. Yeah. But I plan on doing a a stone veneer at the bottom like two and a half feet up. Okay. To give it like, you know, like split face. Yeah. Yeah. Exposed. Just make it not look so industrial. Kind of. That's

because it looks very That's that rendering. I mean, I'm going to do my foundation of my house is like stone. So, I'm going to try to mimic that on the bottom like a stone veneer. This goes on a slab. Yeah. It's going to like ideally like a 6 in slab and then the perimeter where the building sits maybe like a foot down. You know what I mean? Take the weight. So Mike, it's a proposed crush stone driveway, right? So they're not they're not factoring that in because that's pvious. That's factored in. No, but not factored in as part of the ratio of of the percentage. No, it is it is improvement. Even though it's pvious, it's only pvious till you drive on it. Uh

the the reason uh I don't have the funds to do a regular black top so that's why like I was doing crush stone but it is I had the surveyor put that on uh for the area coverage with the garage. Yeah because I was wondering the same thing John was that math being done with this application. Yeah that's with the driveway and the garage that math. Okay that that answered my question. Yeah. You have to remove trees to install this. No, but there is a tree that um I do plan on re uh removing the uh it's like kind of uprooting the neighbors

uh stone wall. So like at the same time I'll just remove that. It's not a giant tree. The electric is going to go to this building overhead. Uh when I have the funds that would be the plan. So no electric planned at this point. Not not right now. No plumbing. It's going to cost me a lot just to No plumbing. Oh, no, no, no. Okay. No. And the drains, where do they go? The roof drains. Uh, so the they'll lead on the sides. Uh, you know, I know you could do like a seamless gutter 40t long. Then I'll just have downs. It might be going into a uh drywall as well. Yeah, like a once we once he comes in, we have to talk to Rich and see what has

the planning board. Okay. Either plan. Yeah. Yeah. Understood. All right. Um, how many cars are you going to fit in there? Yeah, I was going Well, the uh So, three bays, so three. And then if I get four post lifts, four. I'm not I I don't have I can't have that many cars. You get six cars in there. Yeah. I mean, ideally, I could, but I don't think I I don't have that many cars that would be garagew worthiness at the time or right now. They're all different styles of cars or they just uh uh I mean I'm into the like the uh 90s Japanese cars early 2000s. So

Datson's cool. I I had a 77 Celica. It's kind of like the Datson. Yeah. Yeah. That's when Toyota took it over. Yep. Y I I don't know. I just I wish we could just minimize the the size. Yeah, I I feel the same way. It's a little I It's It seems very commercial for a residential neighborhood. You know what I mean? I know. I appreciate the fact you're doing the split face uh footing and all, you know, foundation and all that, but still just I don't know. It's just it's too big. If I did smaller garage doors,

it you're not you're not taking away from the footprint. That's the problem here. You know, it's the size of the square area that you're taking up. If that was 32 feet across, I mean, you have a double double depth, too. Uh, it's not a full It's 30 ft, John. 20. It's really just a It's a one car and then like you have room in the front and the back is really what it is. Yeah. I don't know. And you have a door in the back, too. Yes. Three doors in the back. I know that's the front. No. No. Only one. Only one. Only one in the back.

One large door. One large 12 x 12. Again, he's I know except for circuit. Yeah. Ventilation. Yeah. But this is this is big for residential. I don't know how rest board members. How do you feel about it? You feel uh that's why I'm trying to get an assumption. You're talking uh cars. Yeah. And 90s cars. Well, it doesn't really matter, but cars seven feet wide max, you know. So, not to I know you got to walk around.

Yeah. I mean, you open the doors, you know, like comfortably. This is a 30 by 40 is would be like if listen, if I could even go bigger, I would, but it's not, you know, the most practical to store have three cars with space to walk around. A two-car garage is 24 by 24. 24. Yeah. So, we would have six. Make it smaller obviously, but a normal comfortable two-car garage is 24 x 24. What's the normal uh width? Well, a parking spot in in the grocery store is 10 ft wide, right? No, I mean on a a Jack Fermy Ray Ranch, they have two garage doors. 24 ft. How wide are they? 24.

Average size for a garage door is 9 by seven high. That's 9 ft wide. Nine feet wide. You can get them eight feet. That's really tight. Most people rip their mirrors off with that. Yeah, I was gonna say I know. I drive into it. Well, he's got 10 by 10. I know on the sides, right? Between the doors, you know, between the garage doors, you have a lot of space on either end and then between them two feet. Is that what it is? Two, four, six, eight. And like um you need for the the building and everything essentially that's where the weight load. Yeah. Right. So you're going to have headers and then No, no, no, no, no. For the garage doors, right?

Yeah. The garage. Yeah. So like the two feet needs to be Yeah. structural part of the building. Yeah. Right. You're a builder by trade. You can get away with that with like three two by 2 by sixes. Enough weight for just a garage. Yeah. So that could be minimized, you know, and and the concern also is once this property gets sold, if it ever gets sold, now you got this this I I've seen threecar garages around our town. Yeah, I have two. Not this big.

They It's like I I wish I could almost go up to them, but I think it's like the the way the siding is, it's really throwing it off as industrial more than the size. I mean, it's it's almost as big as the house. That's that's a concern. You know, what size is your house? Honestly, I don't know the This is just look at the site plan. My house is like it's two it's has two levels of livable square footage and it's uh just like about 2500. It's wider than the footprint of the house, but it's not longer. I mean, yeah, it's it's almost as big as the house.

It's almost as big as the house. I don't know. In my mind, I would take one one bay away and you probably don't even have probably wouldn't even need a variance. Then you would need the varian. No, it's still it still needs a variance. Uh any Yeah, but it would minimize the variance is what I'm getting at. Hey, Mike, if we took one one bay away, right, that's 12 by 30. Okay. give or take, right? What would what would the percentage be? Yeah, you'd have to calculate that.

860 square ft. I guess you could decrease. No, not for it's addition 940 square be 940 square ft. Lot area is.37 acres. If we took one bay off of this off I guess 12 ft. Yeah. 37 acres. You have the whole property. 37. Yeah. There's a ton. I know I I don't own the land, but there's like tons of I I back up to the power lines. There's it's all forest back there.

Well, it depends on what neighborhood you're in, too. This is a different, you know, every every case is judged on its own merits, right? The type of neighborhood you're in. If you've power lines, it's like more of a commercial type of area over there, right? By see what you're talking about. Well, no. Well, my area is all residential except from the high school, right? It's my property backs up the power lines is what? And then Oh, the power lines behind you.

I didn't know. All right. Look, I'm I'm one board member. That's how I feel. If you guys want to opine on this, otherwise we we'll move on. Also, considering that there's only five board members here, you may want to hold it over. You lose two of us, you lose this case. That's good point. What about what about if you went with um you need three garage bays and they were they were like 9 ft wide standard. Yeah. I mean I'm I'm open to that.

You know I could I'm totally willing to shrink down the size of that. Give me a number though. Yeah. Know I'm looking at it because it's still You mean the garage between the garage door now? Yeah. The garage doors. not having so much space in between. Oh yeah. Yeah. So like uh like would um like a 9 by8 or something. Yeah. Be like a standard door. Yeah. But no more 30 ft by what was the other number? 40. 30 by 40. 40. Oh by 9 or 31. Oh well, the doors would equal 27 plus the structural integrity on either side of the door, which needs to be 35T.

You got to have about 2 ft in between. So you have two feet. That's 35 ft wide instead of 40. You lose five feet. Okay. And you still have three garage doors. Okay. Yeah. No. Um Um So 35 by 30 with uh 9 by8 garage doors, right? Yeah. It would be 9 ft wide doors. Two foot in between the doors and off the edges, you know. Yeah. Yeah. But they're 9 foot doors. Yeah. Uh wide wide. Okay. It shrinks that 40 foot down to 35 ft. Would I be able to keep the the height of the garage doors at 10? So 9 by 10. Oh, and the height doesn't uh I don't care about that.

The height doesn't matter. I don't think I care. We're looking at the Oh, I got you. area. Yeah. Yeah. Yeah. You know. Okay. Yeah. No, I mean, if that's Put a moon roof in there. The what? A moon roof. You want to put on truck or something? Yeah. Yeah. Yeah. Uh yeah, I'm willing to if you guys That's not bad, Johnny. It's five feet off. Yeah, I I could live with that. Um put his cars in there. What else can we do to make it look less commercial? You know, like that stone veneer you would put around it. I get that. But you still got a a bunker type looking building here. Do you know the thing at the the roof? Uh it has like northwest, you know, I could put one of those. I don't

a you want to put a coupler on. I could do something like that. That would be 41% if you dropped that down to 35, right? Makes sense because it'll be 41 uh% provided and we take off uh 3.8%. I got some. So it goes down to uh 16% variance. Yeah, that's what we're looking at. A 16% variance. Yes, sir.

Those numbers right, Mike? Yeah. So, what's provided? 41 as opposed to 41. 41% with a 30 by 35. Yep. 35. And now 16 is the variance. All right. Everybody can live with that. Yes. John, what about Yeah, we got to put that condition that and a coupa. You guys good? I know you.

It's better. It's better than nothing. Put a car on. I know. That'll be cool. That's the weather vein on top. It's a car combination of sinus. It's initial.

All right. Anybody in the public wish to speak on this application? So moved. Thank you guys. All in favor.

Thank you. All right. Application number six, Kevin Issa for a variation of section 156-9. Seeking variance for permission to construct a new addition game room and deck. The property is located 66 Stone Pond Terrace Mahopak, New York. Tax Map 54.17-1-10. The code requires or allows a sideyard of 25 ft. What's being provided or suggested is 17 feet. So a variance being saw of eight feet. Good evening Mr. Bash. Good evening everybody. William presenting the owner. The owner is sitting right here.

Get your name and address for the record please. My name is William Bashra. Address 266 Sher Road Mayap New York. Raise your right hand please. Swear to tell the truth, the whole truth. Nothing but the truth. So help you God. I do. Bring us through your application. Please.

Okay. This application is for an addition of a family room and a deck in the rear of the house. The u house and the families are growing and the uh cultural family Sunday dinner is 40 people this type of family. So they have a need for the space and to enlarge uh the uh house to accommodate on weekends what have you. um the houses in the neighborhood. Actually, his house is probably one of the smallest. They're getting bigger and bigger and bigger. You know, we did most of them and we know what size they are. So, with that said, that will bring the house actually compatible with the houses in the neighborhood without creating a hardship on anybody. The uh location where it has to go is really the one that would serve the purpose because it's off the living room where on the other side there's the garage. In the rear there's a swimming pool and the kitchen we cannot block the windows and what have you. And the front yard of course it just it would it wouldn't function. So that side of the house will be functional. It's the best location and best choice for it. With that said we will be encroaching on the setbacks. Actually the encroachment of 8 ft is mainly from the deck. The house the the house portion is a lot further because the property is on an angle. The development in there is all done and there are no property available for us to purchase and make it make the variance go away. Like I said, we really can't locate it somewhere else. There is no place where it functions for what's intended to be and will make the variance go away. With that said, we requesting your help on this. It's my understanding that there was an email from the neighbor uh just require you know questioning the

u uh privacy because they're swimming pool if you look at the house really both they have swimming pool both swimming pools are like they're looking at each other they happen to know each other and and and Mr. spoke to the neighbor who wrote that email and they kind of like, "Oh, I'm sorry. I should have never sent the email. I will call the town tomorrow and explain it and they said that they will see this summer when the swimming pools both of them are open and how it is and they going to split the cost of planting trees in between. Unfortunately, they're not here to represent that, Willie. So, I'm going to read the letter to yes,

you know, the public here. I'm writing regarding the legal notice we received concerning our neighbors request for variance and proposed extension would be would reach 20.3 feet and 17 feet from my property line. My home is located at 9 Greenbryer Court Lot 12 as I am unable to attend this evening's hearing at 7:30 p.m. due to work commitments. Please accept this letter as my formal submission to the Carmel Zoning Board. My wife and I have two primary concerns regarding this the planned addition. Number one is privacy. The new addition on and deck will directly face our pool and deck. To mitigate this infringement on our privacy, we request the applicant, Mr. Issa, to be required to plant a tree line of at least 20 ft high along the property line spanning the full length of the addition and the deck. Please see the attached document. And then secondly, drainage. We are concerned that soil runoff from the new construction will impact our retaining wall and potential lead potentially lead to water entering our basement. We request that the construction plans include proper drainage mechanisms to prevent this. Thank you for considerations of these concerns. So if your client is willing to do that, whether who he pays for it or they pay for it, whatever deal, as long as you go on record.

I can address the second item with the drainage. This house has is brand new. It has a drainage system. is already connected to dry wells and the new drainage from the roof will go to dry wells. During construction, there will be silt fence and construction fences installed and will 100% protect the neighbors from any runoff during the construction. But after that, the guards and leaders will be connected to the Is there a full basement? Are you going No, it's a crawl space. Cross protection crawl space. Crawl space. Yes. So, I presume Mike, right, Mike, there'd be footing footing drains. Yes. Yes. As part of this construction, we inspect them. Yeah. Where where would they taper off to, Willie?

We would the like I said, it's a crawl space. Okay. It's not required to have a footing drain if it has a very shallow headroom. But this house already has had storm water management. There is already drains and everything will be connected to the existing uh cult system that's that's available on the property. And where does that go to now? That's daylight. That's right. Now it goes into the cult system. Okay. But where where does it daylight out? Is there It doesn't daylight. It's absorption and there's an overflow and it's far away from them in the back pit. Yes. Yeah. It's a pit sanitary field. But um depending on the size of this again, this may go to Richetti for review under storm water. Sure.

Okay. We have no no issue with that. Yeah. If there's like in other words the the water will be contained completely 100% and zero impact on the neighbor because it's like we we have holding tanks holding it first. Have you been copied on this email? Yes, I have. You saw where they No, it was I received it from uh Dawn. All right. You saw where they ex looks like they're representing trees. Did your client agree to that? He's he's here and he agreed to it. Yes. They have they had that discussion with the neighbors. They actually get along very well as as two neighbors and and they sat and they talked about it and they discussed it and everything has been resolved regarding the privacy issue. Can we agree to something in writing that we can enforce? Yeah.

Yeah, that's what I'm getting at. So, I'm not trying to be, you know, Yeah. I just want to make sure you guys are okay with them. No problem. With what the concerns are from the immediate neighbor and I don't think anyone else is here tonight to to speak on the application. So, um All right. Further questions from the board. Do we want to hold this over then until we get that? I don't think so. Your your client's willing to do this, right? Yeah, he's willing to do this and he's willing, you know, to talk with and get get a letter, you know, to the town and agree to it. It's like in writing is absolutely a ride over there and I met the ises uh it's good piece of property, plenty of space. I see what the neighbor's issue may be. And uh

like late late this afternoon, today after you were there, the conversation took place with the with the neighbor next door and everything was resolved. And if the town needs it in writing, they'll be more than happy to submit that in writing. I wasn't asking in writing. I was asking to be specific so that we know down the road what was agreed to. That's all. Yeah. Exactly. Yeah. Well, that's why I'm alluding to this email that we received had a company drawing with it that shows X's where the trees are, right? They put in nine trees, Joe. Yes. Nine. Yeah. 20 foot high. We're not going to do 20 foot high. Let's Let's be realistic here. We looked into the 20 foot high trees. To buy them is about $5,000 a piece. By the time you're done, you're looking about $10,000 a tree.

So, in with installation and, you know, need a special machine. What's an agreeable height? Yeah. What's the height? Yeah. I you know if we're going to do we're gonna do to a standard height six to eight foot probably which is a standard height which is more than taller than anybody that's going to be there if but the trees will be even the neighbor next door said I will be more than happy to go 50/50 on the cost of the trees. All right that's between you guys but it's on record that you're willing to do that. Yes but we definitely not agreeing to 20 foot trees. Nobody in their right mind will agree to that. It's a very very They actually don't grow as well as the smaller ones. Yeah. No, they're stressed out to get I was going to say the smaller the tree, the faster it grows.

Truth. Yeah. 6 to8 is is the proper height. Actually, I they, you know, the the builder Brian Hel said he's probably going to be providing between 8 to 10 providers. Well, they have nine on there. So, yeah, which is 8 to 10, which is a standard height basically. That's the the smaller the smaller ones are like 6 feet 5 to six then it goes 8 to 10 after that which is still reasonable to buy and small machine can handle it versus the 20 foot the ball on it you need some huge machine digging and all the stuff that go with it. So we say at least 8 feet tall. Let it go from there. Yeah. Yes. Okay.

All right. Anybody from the public wish to speak on this application? I'll look for a motion to close the hearing. So move. Have a second. Second. All in favor? I. All right. Thank you. Thank you very much. Have a nice evening. You too. All right. Application number seven, Mr. Goo Group LLC for variation of section 156-9 seeking interpretation for permission to return to six residential units and one commercial space was eight residential and one commercial space. Uh the property is located 914 South Lake Boulevard tax map 75.44-1-63. Mike. Joel.

Joel. Yes. Good evening, sir. Turn that mic down to your way down or put it in your hands because you'd like to do that, too. See, at my age, I shrink. Grab the mic. That's Yeah. Do the Bob Mallister. The Bob Mallister. Showing my age on that one. I was going to say there's three of us that know that. What's your name and address? It's Joel Greenberg, two Musket Road, North Mopac. Right hand. Swear to tell the truth. The whole truth. Nothing about the truth. So help you got I do. All right. Bring us through this application.

Okay. This is a piece of property on Route 6n and basically uh the the footprint of the building is not changing. The size of the building is not changing. It's just that uh there was a large uh fish market in the front which is now out of business and we now want to convert that into another apartment. As you can see from the uh parking lot here, the total requirement is a total of 23 spaces, excuse me, 12 spaces are required and there is 23 spaces in the existing parking lot. So, we have more than enough parking obviously. And uh again, the the footprint of the building is not changing. It's all interior work.

This wasn't the question. Just so you guys know, Mr. Goo claimed that there were x amount of units there. Our record says there's x y amount of units there. He claims that he can prove that there were x amount of units. That's what we're here for. If you can't do that, that's you're doing a planning board uh thing right now. That's not what they're here for. And I don't I'm not trying to cut you off. But but I I have a two-hour speech. He our records say one thing, he believes another thing. So why don't we just do an inspection and we can find out. We know what's there. Oh,

we know exactly what's there. That's not the question. And the question is he said what back before it was more units I believe is the the terms he said and that's something that we do not have a record of. You have to show us that what it was. Well, there's no way. And that's why you're doing a planning board um argument here which is great but it's not the right place for it. So what do you go to the planning board go show the spot that you want to put the additional unit in and then you can get that additional unit. It's in the it's in the Hamlet mix commercial. You're allowed to do it. You just have to go to planning to do it. If you come here, you were doing an interpretation. He was telling me that there were, I think, eight. I don't want to guess at numbers. That's that was my understanding, too.

And now there's only six. I don't have any record of eight in my file. And I went through the whole thing. So, somebody has to there's no going back to something that can't be proved that it was there in the first place. So, the point is, if there are six units there now, what difference does it make? How many there were before? because he was claiming that he was going back to something and that's what he always had before and I said if that's the case show me but he doesn't have any proof. So that's why I said you have to you have to go to planning if you're going to make the argument you're making it's a planning board argument. Yeah because right interpretation is not the way you want to go here. It's not fact right use.

Yeah. So if it's permitted use what's the problem in front of us? Yeah. Not properly. If I deterine, Mike, if you're gonna talk, I gota swear in state your name and address for the record. I think name and address for the record. Yes. Speaking to the mic. Mike, speaking to the mic. I live at 160 East Lake. My name is Michael. All right. Raise your right hand. Swear. Swear to tell truth. The whole truth. Nothing but the truth. So help you God. Yes.

Okay. And this building, this building I was uh remodeling for rebuild from the like eight years ago. Eight eight nine years ago. I think eight nine. Yeah. Almost 10 years I think. The before was eight family there and one commercial. But uh it's a small like one bedroom very small and when I tore down and reveal I change to the like a twobedroom threebedroom and I have the five and change it to the count you know was the eight was come down the five and right now the we have the five right now is there in the apartment

in that one building 914 in the both ing total total five five yes and when you came with the site plan in front of the board you proposed five correct I saying yeah I proposed to five there's your answer he has to he has to do a site plan if he wants to put six or seven or eight whatever it is but anything more than anything more than what's on your site plan you would have to go back to the planning board to get that so this is not the right venue to start with you may end up here once we see if he meets the code that we talked about for the other project it' be be the same code. It'll be the same code. But we have to make sure that you can do that through planning first. What do you want? No. Whatever you are proposing. Okay.

Just like this. You're proposing at 914 South Lake Boulevard. You want to have eight units. No. Was it before? You want to have six? Yeah. Right now. You only have five on the plan. Five. I want to put Now you got to go for another one. Yes. All right. But here we got to go to the planning board. Planning board. We got to come in here. Planning board. So, we're going to We need going to the planning board. Planning board. Planning board first. What? Planning board first and then you're going to end up here because it says that you can put um residential over commercial. This is not over it. It's next to it. Yeah. Next to it. So, you're going to be here again for an interpretation for that next time. But that's an interpretation. That's later.

That's where the interpretation that it's too early to be here. All right. So, do we dismiss this without prejudice or Yeah. No, dismiss without prejudice because it's going to be a different case that comes in front of us. You have to go planning first. But we don't we don't change the size. Nothing. You're changing the unit unit count. So, you're changing the flows of the waste. You're changing the number of parking spots. I know you comply, but you're still changing something. So, you have to show us that you comply. You know that. They may public hearing. Yeah, they may. Who knows? You still have to So basically he goes to the board to show exactly what's there and what we want to put in

and hopefully it's in compliance with that code section we went over today and if it's not then he would need variances. He'll be back for that. That one unit of the commercial kind of throws a wrench into it. It's a little different than what you're trying to do on the other project we discussed today. That one doesn't have the residential. So we don't have to worry about you being above residential. That didn't matter. This one's a little different because it's next to it. It goes right off the side. That's correct. It says above. All right. So, I'll look for a motion to uh dismiss this case without without prejudice. Without prejudice. Without prejudice. So moved. Second. All in favor? I.

All right. Mike, if you got to go see Mike tomorrow, maybe explain it a little better to or afterwards or whatever. Let's go. Rangers. Danger. All right. At this point, there's no input from the public on any application. Well, public. I know. I guess they got to watch it on TV. I'm the only one here. All right. You guys ready to adjudicate? Let's do it. All right. Application for Christine Hickeyi number one. I'll look for a motion. Motion. Grant. Do I have a second? Second. All in favor? I I granted uh look for a motion on Christopher Prima Vera. Application number two.

Motion to grant. Do I have a second? Second. All in favor? Granted. Application number three. Mendoza. Look for a motion. Motion to grant as amended with the with the gazebo coming into compliance no later than May 15, 2026. May 15th. I said May 15th, right? May 15th. Okay. Make sure I said it. Do I have a second? Second. Do you have to list the uh variance needed or no? I said as amended. As amended. Okay. All right. All in favor? I. Granted. Application number four, Raymond Hill Cemetery Incorporated. I'll look for a motion. Motion to grant. Do I have a second? Second. All in favor?

I. Granted. Application number five, Carl Pera. Look for a motion. Motion to grant as amended with additional conditions of putting the stone face as as was on his drawing and around the building and the copa as agreed to on top of the building. 30 by 35 and the building's 30 by35. Correct. No, no, no. Thank you. As amended that the building size is 30 by 35 and the lot coverage state. No, let me state it. Okay. Do I have a second? Second. All in favor? granted. And application number six, Issa, look for a motion.

Motion to grant with the condition that nine trees of at least 8 ft tall are planted along the line, the sight line of the house and the deck. Any consideration for drainage or there's no concern? I I don't know what to do with that. That's not part of the variance. Engineer mentioned uh Mr. Basher, it was it's going to cultist. Mike's got to handle that in the permit. If they disturb a certain amount of land, we send them to Rich for storm water stuff. Putting it in there is kind of redundant, but All right. So, we'll Well, let's let's strike that from conversation.

Yeah. So, we want to say during construction, they must maintain their sil fence to keep any sill from running down there. We're going to make sure that too, but at least you guys manage. Yeah. All right. Uh, so I'll look for a motion. Uh, second on this motion. Yeah. Because I kept it with the trees. I never added that second verbiage in there. Okay. Do I have a second? Second. Uh, all in favor? I. All right. Granted. So move. All right. Mr. Goo, we dismiss without prejudice. Minutes from January 29th, 2026. Do I have a motion to accept the minutes? So moved. Do I have a second? Second. All in favor? I. All right. Motion to close the meeting this evening. So moved. Second. Second. All in favor?

I I. Good night, everybody. Thank you buddy.