TOWN OF WARWICK ZONING BOARD OF APPEALS SEPTEMBER 28, 2015

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TOWN OF WARWICK ZONING BOARD OF APPEALS SEPTEMBER 28, 2015 Members Present: Members Absent: Jan Jansen, Chairman Mark Malocsay, Co-Chairman Kevin Shuback Attorney Robert Fink Diane Bramich Norman Paulsen minutes from the meeting of August 24, 2014 approved? MR. PAULSEN: Is there a motion to have the I second the motion. Any discussion; all in favor? All in favor ( 5 Ayes) Motion carried. 11/7/2015 1

PUBLIC HEARING OF MICHAEL FERKO - for property located at 220 Big Island Road, Warwick, New York and designated on the Town tax map as Section 17 Block 1 Lot 5 and located in an RU District for a variance of Section 164-41.A(4) allowing a garden shed (10 feet X 16 feet) within the required front yard setback. tell the Board what it is you would like to do. Please identify yourself and MR. FERKO: I own a corner lot and when I went for the permit, I assumed that my address was the front yard. I did not realize that I needed that setback for the other side as well. This is the only practical spot I can put the shed. questions? reasons why he should not have it there? (She gestures to a plot map). MR. FERKO: ground where I plan to put it. has 2 front yard setbacks being a corner lot. Does anyone have any Does anyone have any Is it going to be located here? I placed the 4 X 4 s on the Any more questions? No, this property basically Yes, Mr. Fink? Is this going to create an undesirable change in the character of the neighborhood or be a detriment to nearby properties? showing it as a corner lot. On the tax map, it is not I see that. Does it show Willow Road? I think the wrong area of the survey was circled. So the answer is no? 11/7/2015 2

other feasible method? someplace else. substantial variance? Yes, that is correct. Can it be achieved by any Yes, he could put it It would be difficult to do so. Is this a numerically Is this going to have an adverse effect or impact on the physical or environmental conditions of the neighborhood? this as Unlisted with no adverse environmental impact? Is this self-created? Would someone care to type Seconded. Any discussion; all in favor? All in favor (5 Ayes) Motion carried. 11/7/2015 3

motion that the variance be granted as advertised? Would someone care to Seconded. Any discussion? All in favor? All in favor ( 5 ayes) Motion carried. 11/7/2015 4

PUBLIC HEARING OF PAUL & JULIE-ANNE HELMRICH - for property located at 8 Blauvelt Lane, Warwick, New York and designated on the Town tax map as Section 27 Block 1 Lot 42 for a variance of Section 164-41.A(4) for location of an above ground pool (27 feet X 52 feet) within the required front yard setback. Please come forward and identify yourself for the record. Please let it be known that they are the only people in attendance for this hearing. My name is Paul Helmrich. We want to put up a swimming pool. We have a private road that dissects the center of our property. But because of the 9/11 code, it was designated a corner lot. We picked a location in the back without any trees and level ground. It would alleviate grading of the ground and the taking out of any trees. MS. HELMRICH: Helmrich. Corner Road? My name is Julie-Anne Any questions? Yes, you are on Scott s Yes but my address is Blauvelt Lane. He explained the location of the private road on his property. this map? private road? property. no one uses it? Where is Blauvelt Lane on Does anyone else use this No, it is on my private But it is on your property and Yes, sir. 11/7/2015 5

hairs. dwelling and your dwelling, which is yours? are both mine under one deed. give access to the bigger lot behind it? survey. Ok, that is really splitting That is why we are here. So there is a proposed They are both there and they There are two houses. Correct. Is it possible that it is there to It doesn t show that on the There is a right-of-way on the far end of the property. This ends in a steep drop off; it was never intended to be a right of way. There is no deeded right of way for it. there. I don t know why it is even I don t either. They told me that it was designated because of 9/11 and because it is located on a corner lot. Public hearing is closed. Is this going to create an undesirable change in the character of the neighborhood or be a detriment to nearby properties? 11/7/2015 6

other feasible method? his property anyway. substantial variance? Can it be achieved by any It can be placed elsewhere. It can be moved, but it is all Is this a numerically I am going to look into this a little closer and maybe make a comment or footnote on this. Is this going to have an adverse effect or impact on the physical or environmental conditions of the neighborhood? as Unlisted with no adverse environmental impact? Is this self-created? Maybe. We will leave this one open. Would someone care to type Seconded. 11/7/2015 7

Any discussion? All in favor? All in favor ( 5 Ayes) Motion carried. maybe with a footnote? MR. PAULSEN: Motion to grant as advertised, Seconded. Any discussion; all in favor? All in favor (5 Ayes) Motion carried. Meeting adjourned. Submitted by Pamela J. Carroll ZBA Recording Secretary. 11/7/2015 8