Zoning Board of Appeals - Regular Meeting

All right. Good evening everyone. Welcome to the September 2025 uh zoning board of appeals meeting for town of Carmel. Um the board members names are in front of you on the deis. We have uh Mike Cararnaza, our code enforcement officer, and town council uh Greg Fulchetty. And um the way we operate is I'll ask you to come up. I'll swear you in. You'll go through your case. If anybody in the public wishes to be heard, we'll give you that opportunity. Just if you do, please sign your name, address, and uh email address and phone number on the piece of paper that's on the podium. Um and uh we'll hear the case. We'll adjudicate this evening. At which time there'll be no public input once we close a case or hearing. So please keep that in mind. Will you all please stand and join me for the pledge of allegiance?

I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. All right. Our first case tonight, um, number one is Mark Anthony. It's, uh, they've asked for an adjournment to next next month, Frank. Is it? Okay. So I'll look for a motion on that. So moved. Second. All in favor? I. Okay. So that'll be um most likely next month, Frank. All right. God bless you. Sorry. Excuse me.

All right. Our second application tonight is um where this this one that that asked for two. Hold on. Was it? No. No, that's that's the other that's the other. Yeah. All right. So application number two is for Mount Carmel Baptist Church Cemetery, a variation of section 156-9, seeking an area variance for permission to allow an encroachment from neighboring property. Property is located at 91 route 52 in Carmel, New York and is tax map 44.14-1-7.

So the code requires or allows 5T to the side. what's provided is zero and the variance of zero is being of five is being requested and then the other side is five feet as well. Uh zero is provided and another variance of 5T is being requested. Good evening.

Good evening Mr. Chairman, members of the board. I hope everybody's doing well. Uh just before I jump into this one quickly, I did just want to say that if there's anybody in the audience that is here related to the Mark Anthony application that will be on for next month, we received a letter in opposition raising an issue that we were unaware of prior to uh so that's something that we'd like to research and provide information to the board before we present and hold it open. So that was the reason for the adjournment. And if anybody's here, I'm sorry you came out, but you can head home. We got you.

Okay. Thank you. Um Frank Smith, law office of Shillingan Smith on behalf of the applicant which is the Mount Carmel Baptist Church. The property is located at 91 Route 52 Carmel, New York. It's known as tax map number 44.14-1-7. It consists of approximately 25,550 square ft, just over a half an acre. It is home to a historic cemetery and is located in the town's Hamlet Mixeduse District. You may recall that last month I was here on behalf of 355 Hugenot, Inc. They're located at 85 Glennida Avenue.

Part of their ultimate relief is for the cemetery to obtain two area variances for items that belong to the 85 Glennida Avenue property but encroach onto the cemetery property. There's a fire escape and then there is an oil tank that's in like a plastic allseason enclosure. Both of which encroach onto the cemetery property. both violate sideyard setbacks. The code requires a five- foot sideyard. The applicant provides for zero and that requires a variance of five feet for both. Along with the completed zoning board of appeals application, this office provided a survey of 85 Glennida which shows the encroachments as well as a copy of an easement which is executed but not yet recorded to permit the encroachments to remain. I did bring the map with me. I did put in orange highlighter where those encroachments are just so the board can see it a bit more clearly. As previously mentioned, this application is in connection to an application that was approved last month. 355 Hugenot, Inc. is in the process of obtaining site plan approval for the property at 85 Glenna Avenue. Part of that site plan approval was granting a number of area variances to bring the lot into conformity with the code. At that time, these encroachments were disclosed and the town has required the cemetery to obtain reciprocal variances in order to keep them there. The Baptist church, which owns the cemetery, uh they've already granted an easement. Again, the easement is executed, but it's not yet recorded. That's part of the site plan process. And the last item that is needed before final site plan approval can be obtained are the two variances, and that's why we're here tonight. So there are five variants or five factors to consider when determining whether to grant an area variance. First and most importantly is whether if granting the variance will cause a negative impact to the character of the neighborhood. Second, whether granting the variance will cause an adverse impact to the environment. Third, whether the variances are substantial. Fourth, whether the need for variance can be

obiated. And lastly, whether the need for variance was self-created. For the foregoing reasons, I contend that the requested relief should be granted. First, if granted, there would be no negative impact to the neighborhood. The encroachments have been in existence for decades. It's unclear when the encroachments began, but the neighboring structure was built sometime in the early 1900s. I'm not sure when the encroachments came after, but they have been in existence for many years. As such, there would be no negative impact to the neighborhood. The same goes for whether there would be a negative or adverse impact to the environment. There wouldn't be. Again, these variances are to merely legalize what has already been existence for many years and there would be no negative impact. Third is whether the variances are substantial in terms of requiring a full variance where I'm seeking the full amount. Yes, they are, but it's also a five-year setback that we're discussing. uh substantiality is only one factor in the analysis and it is not disqualifying. Fourth is whether the need for variance can be obviated. In this case, it cannot. The fire escape would likely encroach on either the cemetery or the property owner to the rear. And we can't put it in the front of the building because as you recall, that's where the two garage doors are for the only two parking spaces.

Also, there would be great difficulty in moving that oil tank which services the building. My understanding is that that oil tank has been in the same location since the building switched to oil in whatever year that was. Um, for those reasons, the variances cannot be obiated. And lastly is whether or not the need for variance was self-created. And in this case, it wasn't. As the board knows, the Carmel Fire District, they were the predecessor in title of that neighboring property. At some point, they constructed the fire escape and also included the oil tank. I don't know if there were any conversations at that time between the the fire district and the church or if it was just built without asking permission. Um, but again, it was done by the neighbor and it wasn't the church. So, in conclusion, I argue that the applicant has met the five criteria of the area variance analysis and respectfully request that this board grant the relief as requested. Thank you and please let me know if you have any questions.

Frank, so you said that the easement agreement was signed but correct not recorded. I don't know if that matters, Greg. Does that we shouldn't put I think the prior easement was granted on the condition that the easement be signed and also on this application. So this would have a condition that the easement be executed, right? So if ultimately site plan was denied, there would be no reason for the easement. So in the in the process of legalizing all of this, that'll come at the final step once we get site plan approval. And that is something we ask for at planning. Gotcha. Yep. And you said five yard variance. It's a five foot variance. Five foot side yard. I just want to make sure that they're clear because I saw that question.

It's football season. We all check. Um6 yard. All right. So board members, any any questions? Claudia. Nope. John, no questions. No questions. Come on, a caramel guy. All right. Any any input or questions from the public on this application? All right, I'll look for a motion to close the hearing. So moved. Second. Do I have a second? All in favor? I Okay, thank you very much. Have a nice night, everybody. You as well. Thank you. Thank you. Thanks, Frank.

All right, next case is uh number three, application for Fernando Medina for a variation of section 156-19A1A seeking to keep a 6ft fence in front of the house. The property is located at 44 Kelly Road, Carmel, New York. And it's tax map 55.15-1-9. They're not here yet. Oh, they're not here yet. I wish I knew that before I read that. All right. Uh, our next application will be um I'm going to murder this name, but forgive me for Stephano. Four got help. Oh, yeah. Did you change your name, buddy? What's going on? It's my niece. It's my niece. Oh, she's away.

All right, this is uh push this off the side. All right, Frank. Um, state your name and address for Frank Si 41 Chrome Falls Road. Raise your right hand. I swear to tell the truth, the whole truth, nothing but the truth, so help you God. So, help me God. Yes. All right. Uh, so you're representing? Yep. All right. Bring us through the situation. What's What's existing? And, uh, there's nothing existing. She wants to put a like a shed up or something like a 25 or 25 by 30. Um, I think the neighbors had no problem. We talked to them and they they wanted us to put on the line, but I said I think you should leave it back so you can blow leaves around it and uh that's it.

Well, this this backs up to the golf course, too. So, there's no noting anybody over there. And it's a garage because it's bigger than your typical shed. Right. Right. Right. So, that's the uh by definition because of the size. No driveway to it. It's just a uh Yeah, it's by definition not by function. Um there's no other property they can buy to bring into conformance, right? They're landlocked there. No. Um she's just looking for some storage so she could put her stuff inside of it and stuff like that. Talked to the neighbors on either side. Both sides. I mean, they wanted to put on the line. I said, "No, you need to blow leaves and stuff like that." I told

No, that makes sense. Um, is this the sewer up there? Right. There's no septic. So, all right. Um, just to let the record show that there was a letter in support from Nick Fannon, 7 Ever Road, Caramel, New York, right? Is that for this? Yep. Yeah, that's that one. Okay. I just want the record show. Um, we did get No, we got another letter, too, but that was for another another case. Okay. Um, Julie, you good? I'm good. Thanks. So, you guys are good down here? I have a question. Couple questions. Um, this looks like an oversized garage door. Is that larger than the typical in height? Uh, I think it's 9 or 10 feet. Yeah.

So, it is. Is Is are they planning to conduct some kind of business? No, nothing like that. No, she's a she's a periodontist. Um, all right. I also was out there. There's a stone wall. Is it in front of the stone wall or behind the stone wall? No. Stone wall on the golf course, you mean? Yeah. Oh, is that the golf course? That's the golf course. Yeah, it's going to be in front of that. Is it stone walls or is it us? Yes. Yes. Is is the golf course? Yeah. No, it's hers. It's hers. So, the garage will be in front of the stone wall. Yes. Okay. Um and we're we're clear on that side though. I I don't think we're we got plenty of feet on that side. Okay. Yeah. More than enough on the golf course side. Okay. No other questions? I have no questions.

All right. All right. Anybody in the public wish to be heard on this application? Just decide. All right. I'll look for a motion to close the hearing. So moved. Do I have a second? Second by Julie. All in favor? I. Okay. Thanks, Frank. Thank you guys. Have a great night. You too.

All right. Uh application number five for Ferdinand Trash uh for variation of section 156-9 seeking an area variance for permission to add a shed. The property is located 19 McMillan Avenue, Mahopak, and it's tax map 87.6-1-52. The code requires or allows a year rear yard of 10 feet was provided of six feet and a variance of four feet is being sought. All right. Good evening. Do me a favor. Just speak into the microphone. I failed to mention that earlier this evening. It's being recorded for minutes. So, um, got to speak as clear as possible here. Um, state your name and address for the record.

Ferdinandi, 19 McMillan Avenue, May pack, New York. All right. Raise your right hand. Swear to tell the truth, the whole truth, and nothing but the truth. So, help your God. I do. All right. Uh, what's what's the situation? This is existing, right? No, it's not existing. Oh, you want you want to add it? It's brand new.

Yeah. The the area alongside the property line there is is pretty narrow and then I have a hill that kind of drops off. So if I keep the 10 foot set back and then add my five foot ramp and a little path, I end off off the off the hill essentially into a steep area. So I'm just asking for four feet. I already spoke to the neighbor next door. He seemed to be okay with it and it shouldn't create any negative impact in the neighborhood. Yeah. If you're looking at the driveway, it's lumps down this way, right? So what are you going to store? It's just like you know lawn mower and Yeah. lawn mower, tools, stuff like that. All right. There's no property you can buy to bring it into conformance, right? You're landlocked there. You're actually a corner lot, too, I think.

So, and you're not on your septic, correct? No, septic's on the other side. Just making sure. Yeah. Thank you. Yeah. They don't want to Yeah, that would be good. Um, all right. Any questions down here, guys? Looks good down here. 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. All right. Second by Sylvio. All in favor? I. All right. Thank you, sir. Thank you guys. Have a good night. I failed to mention also you guys can stick around to hear decisions. It should be relatively quick or you can uh call um Dawn in the morning or maybe or Mike. Either way,

you get the decisions today. Yeah. Yeah. So, if you want to stick around, unless Joel takes all our night, all our time tonight, but you know, Joel, you're on the clock. We'll keep him at bay. One word. Yeah, right. Okay, Joel. All right. Well, speaking of which, application number six is Raymond Hill Cemetery and they're looking for an adjournment. So, I'm looking for a motion to dismiss without prejudice. So, moved. Second. All in favor? I. Okay.

Thanks, Joel. And you're next as well, right? 7 FYB properties LLC Linda Verdie for a variation of section 156-9 seeking to obtain multiple area variances. The properties located 11-15 Batista Drive, Mahopak and it's tax map 75.16-1-9. So the code requires or allows for the rear yard 40 ft what's provided is 03 ft. So a variance of 39.97 feet is being sought and the lot width requirement is 150 feet. What's provided is 130 ft. So variance for lot width of 20 ft is being sought. All right. Good evening Joel.

Good evening. Name and address. Name and address. Good evening. We know who you are but the the public doesn't. Name and address for the record please. Speak to Mike. Come on. You're speaking to Mike. Joel, you've been here in love. Everybody knows me. Swearman. Where's your right hand? Swear to tell the truth, the whole truth, nothing but the truth. So, help you God. I do. All right. Bring us through this case, please.

Okay. This is a situation where everything that we talked about and the two variances that we need are already existing. uh the road frontage uh again the code changed and uh this is now in a different district from what it was when we first came before the board for the use variance. So uh the existing house has been there for many many years and the road front is is what it is what it is. So basically the only the variance we need is the house itself is almost on the property line and the road frontage is what the road frontage is. So we're basically asking for variances for stuff that has been existing for a long long time. So we're not making any changes. We're not adding anything. Uh there's no site I mean there's no site work to be done. Uh we can we went to the planning board. We got all the parking squared away and we don't need any variances for that. So basically it's just uh this house which is very close to the property line and over here the uh variance for the road frontage on Route Six.

And how long have the house been there Joel? Just for the record, what? 100 years. Over 100 years. 100 years. Okay. And because the code changed, this got to get cleaned up. All right. There is a little bit of site work. They have to do a little bit paving, I think. Right. Yeah. For the parking spaces. Just a little bit though. It's not much at all, but that's why they're at planning. So, and that's why we're at the planning board. Yes. All right. Um, anybody have any questions, comments? No questions. All right. Anybody in the public wish to be heard on this application? Come on, guys. You don't want to talk on it. We want to get you home quick.

Yeah. Um All right. I'll look for a motion to close the hearing. So move second. All in favor? All right. Thank you guys. Is Medina here? Yeah. Medina show up. I don't see it. All right. Well, does anybody have a a number for them or anything, Mike? Would you or no? Their phone number's on there. Just take it over the next one. This is the last one. Is it?

Yeah, we'll just hold it over. Yeah, just hold it over. All right. So, what number was it? Number three. Three. All right. For Fernando Medina, I'll look for a motion to hold over. So move. Do I have a second? Second. Second. All in favor? I. All righty. All right. No further input from the public on any cases, please. As we adjudicate. Uh, so application one was adjourned. Application number two. I'll look for a motion. Motion to grant with the condition that the easement must be executed. Correct. Second. All right. Any discussion? All in favor? I. All right. And that was just to back up the vantage you granted last month just so you understand.

I remember that we told him to come back with that side. Yes. All right. Number four, Stephano. Look for a motion. Motion to grant second by John. Second by Julie. All in favor? I. That's granted. Uh for Tres. Look for a motion. Motion to grant. Second. All in favor? I Raymond Hill was Raymond Hill was dismissed. Dismissed without prejudice. Yep. Are you ready? Voted on that. And last one is FYB properties LLC. Linda Verdie. Look for a motion. Motion to grant.

Second. All in favor? All right. Granted. All right. Uh no minutes. Right. So motion. Yeah. Motion to adjourn the meeting. Second. Did I get a first? I did. I saw you were saying I'm not the chair. All right. So, all in favor? I everybody. Good night, guys. Take care. Good luck.