WEBVTT Kind: captions Language: en 00:00:57.760 --> 00:00:59.349 align:start position:0% all right good evening everyone welcome to the april 2022 zoning board of appeals meeting for the town of carmel um the way we operate well the board members names are in front of you mike carnaza our code uh inspection officer and greg foshetti is our town council um the way we operate is i will come up to the board call your name um i'll swear yen and uh whoever else is going to be speaking i have to swear as well unless you're an attorney so then we will go through your case you will be questioned and commented by the board and then we'll open it up to the public once the public has had a chance to speak we will close the hearing and there'll be no further input on any application at that point there's only five and there's only five of us tonight so um please all stand and join me for the pledge of allegiance i pledge allegiance 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 first case tonight was a holdover from uh last month it's uh application of john regan for variation of section 156-15 seeking a use variance for permission to legalize existing third apartment properties located at 1751 route 6 carmel new york it's tax map 55.6-1-24 the code requires and allows no mixed-use variants granted to allow two families with office below from six nineteen ninety eight and what's provided are two apartments approved request permission to expand non-conforming use to a third apartment the variance that we're seeking is an applicant seeks to expand existing two-family with office approved by zba in 1998 by adding a third studio apartment from an existing empty space which has been residentially occupied for over 10 years the applicant will in turn waive the previous zba approval to add a garage okay good evening good evening mr chairman members of the board my name is frank j smith the third attorney from the law office of schilling and smith on behalf of the applicant with me this evening is mr john regan the applicant along with our project architect joel greenberg and his associate vince pacquora excuse me swear joellen it's hard to tell the truth the whole truth nothing but the truth so help you god thank you guys just do me a favor speak clearly and distinctly into the microphone it's being recorded obviously for minutes okay as noted uh the property is located at 1751 route 6 carmel new york 10512. the property has a tax map number of 55.6-1-24 the property is comprised of roughly 1.4 acres and is located in a commercial zoning district currently existing on the premises is a mixed-use structure it contains two apartments one two bedroom one three bedroom a downstairs office and a studio apartment roughly 400 square feet the property is also serviced by municipal water and municipal sewer the relief requested this evening is an expansion of a non-conforming use to legalize the studio apartment and also a waiver of the previously approved garage in support of our application this office provided you with the applicant's affidavit a memorandum of law the inspection report from the time of purchase photographs and a profit and loss statement the applicant purchased the property in 2007 at the time of purchase the applicant's home inspector continuously referred to the studio at the time of purchase the units were occupied and since 2012 the studio apartment has been occupied by the same tenant the property consists of one two-bedroom apartment one three-bedroom apartment an office in the studio in december of 2020 the town conducted a fire inspection and at that time the report noted that the additional unit must be addressed the additional unit is the studio in question this was the first time the applicant became aware of any issues related to the studio this property was granted variances in both 1996 and 1998. the 1998 variants permitted the building of a two-car garage and the expansion of one of the apartments that initial application also sought an apartment above the garage which was denied the approval in 1998 never took place construction never began the garage was not built and the apartment was not expanded along with the application i mentioned the memorandum of law and support this property is currently recognized as a legally pre-existing mixed use and tonight we are seeking an expansion of that mixed use to provide for a kitchen in the studio apartment and to legalize it when determining the expansion of a non-conforming use the board must utilize use variant standards although it is not a true use variance the use proposed is consistent with the zoning district but the board must consider the use variance criteria when determining the application there are four criteria to consider when analyzing a use variance first and most importantly the board must consider if the variance be granted whether it would change the essential character of the neighborhood in this instance it would not the studio has existed since at least 1998 and has been occupied by the same tenant since 2012 10 years there are no structural changes being proposed and the approved garage will not be built the surrounding properties in that area are also very similar in nature next the board must consider whether the applicant can realize a reasonable return and his economic hardship in our application marked as exhibit e there is a profit and loss statement showing that the property is operating at a loss it's well established that the burden of proving economic hardship is most burdensome on illegally pre-existing non-conforming use in this case the property is a house in a commercial district there are no other uses and again it is operating at a loss there's also next to no market for a four bedroom apartment in this particular area next the board must consider uniqueness in this case the apple can purchase the property with no knowledge of illegality and the current use has been in existence for over 20 years and to reiterate the studio has been occupied by the same tenant for the past 10. additionally this board in 1998 granted approvals to expand that expansion was through the garage and the upstairs area that expansion never took place and that in addition makes this particularly unique lastly the board must consider whether the hardship to the applicant was self-created and in this case it most certainly was not the applicant purchased the house as is with no knowledge of illegality at the time of purchase there were no municipal violations with the town the applicant had no knowledge of any issues related to the studio until the fire inspection which took place in december of 2020 at the time of purchase the applicant relied on his home inspection advice of counsel and the fact that there were no violations at the time of purchase again i would like to reiterate that this is not a standard use variance but an expansion of a non-conforming use that utilizes use variance criteria in conclusion i contend that the applicant meets all four criteria of the use variance analysis and would respectfully request that this board grant the relief being sought mr regan and mr greenberg are available for questions as am i thank you mr chairman okay thank you um joel do you have anything to to add the only thing i would like to add if just take a look at the floor plans first of all this is the site as you as you can see this is the building this little site around the building is all basically landscape lawn area the parking more than meets the criteria for parking requirements for the three apartments and the and for the insurance business downstairs uh again these are the floor plans and this is the office downstairs which is at the off this driveway uh and then these are the two floors above and as you can see the store this is the two and three bedroom apartments this is the studio this little l it consists of basically one room a bathroom and uh as actually at the plant we're at the plant board uh mr carnaz suggested that we put a small like utility kitchen which we should now show on the plan so basically the footprint of the building has never changed as frank said this has been occupied by the same tenant for 10 years and there's certainly no burden on either the sewer or the water districts and again this perimeter has never changed it's the same as it was back in 1998. and where was the uh approved garage edition supposed to go the uh the pool for the garage was supposed to be in this area between this parking lot and the existing building was supposed to be in this area here actually right behind the uh funeral home which is over here this is the funeral home over here but again that building was not built this area is well kept well landscaped and again just to reiterate repeating myself but the perimeter of the footprint of this building has never changed okay and of course the garage and the proposed apartment grow above the garage we never built in light of knowing what's coming with the master plan that's forthcoming i don't know mike when when is that supposed to be adopted the master plan when is that supposed to be after i would say within a year from now yeah the town is in the process there's a draft plan now the zoning modifications to meet the concepts of the plan are being done and it still has to go through seeker and that's a type one so um but obviously cope affected it uh in terms of the process but i know that the consultant is shooting for the end of this year can i just add something to that uh mr chairman uh one of the things because you know uh in discussing talking with uh pat cleary who's the town planner one of the things that is definitely i believe going to be part of the new master plan is to allow uh commercial on the floor on the lower floor with apartments above that's that's right uh as you probably all know i think this is the only town in westchester and portland that doesn't allow commercial with apartments above it's it's something that should have been that's my point is that there's some changes that are forthcoming that may benefit the applicant here exactly might prompt them to want to hold off on this just asking the question you know if they decide not to that's their prerogative but well as as greg said possibly a year but who knows how much longer yeah and i i think that uh frank has made a very good argument and i as i said we haven't expanded anything there's been no additions this building is exactly the same as it was when that apartment was put in i think that's also a plus and i think frank has really gone through the criteria for the use variants even though it's technically not a use variance but i think we've made the case okay um rose one critical part of the use variance that normally gets shot down is the financials what you've handed me doesn't doesn't satisfy my financial question i could throw numbers down on a piece of paper this really isn't something that i think is effective in in answering the the um that part of the criteria i'd like to see something more than this so in means of like some invoices or utility bills or the rental income i absolutely understand your concern the only point that i would make is that this was included in our sworn uh application to you mr regan is here if you would like additional testimony to help bolster that this evening if you would like additional materials i would not mind getting them gathering them and submitting them to you but i do believe that through our application our clients affidavit and then also mr regan being here to answer any questions i think would satisfy the board but again i'm open-minded should you require anything additional yeah it just doesn't i i'm just one vote though so mr smith just to ask you um the 60 65 a month that's for the studio unit is that what that's calling out in exhibit e i'm trying because i i'm with rose i i this is just you know a word doc to me but you know you have the total of rental income 5104 and then there's the 66 16.65 what is that that's the lowest that's minus 16. so so to clarify on the left-hand side are operating expenses okay on a monthly basis on the right-hand side is monthly rental income and then it's negative 16.65 okay so so so that's your net loss so correct what is the specific for example and this is again something that's missing from here how much is that studio paying and rent the month because again that would go towards this story as well yeah there should be four right there we should see the rents here so we could get an idea of what's going on this to me is woefully and complete because we don't have that information how much does the the commercial property bring in how much are the three apartments bringing in 50 104 is that for just the commercial what is it for you know what's the breakdown of the the four rentals right if you would like mr regan can provide the answers to that tonight or we can respectfully request an adjournment to next month where i provide you a more detailed breakdown of each unit the rentals and and hopefully something that would be more satisfactory into your life i'm not saying that mr reagan wouldn't come up here and tell us exactly what we're looking for but i think we would rather have it in writing you know with the proof with us you know with mortgage payments you know whatever other i'm sure it's easy enough to find out what the insurance is what the utilities are things like that rent receipts uh rent receipts um and go from there i think that's where we're at so mr chairman respectfully i would request an adjournment to next month uh in that time i will prepare additional information to be submitted to the board if it's okay with you two weeks prior to that appearance with that yeah please please sometimes we get submissions a day before the day of the meeting and it's just not even a week before it's fine by me i don't know how everybody else feels even always fine week before it's fine as well make it good make it right yeah yeah i'll look for a motion for a hold over on the location and joel thank you oh does the whole board have to thank you because i don't want it i don't know come on let's be respectful we are joel all right application number two of christina felizardo justin from section 156-15 seeking an area of areas for permission to amend previous decision order from february 27 2020 the property is located at 41 leslie drive home pack new york tax map 53.17-1-16 good evening good evening everybody mr chairman um we're just here because state's your name for the record uh pedro filizardo 41 leslie drive and christina felizado 41 leslie drive raise your right hands please swear to tell the truth the whole truth nothing but the truth so i hope you got i don't i do thank you no you don't have to decide that's only if anybody comes up to speak from the public they have to so we had uh we had a variance meeting like february 27 20 and we came to a conclusion an agreement and there was no objection to the conclusion but it wasn't written down on the final paper i guess the decision i got hit with the violation which then i went to mike and i showed him the minutes and i said look this is what we agreed on but only the fence was written down and i ended up planting old trees okay and which is 38 trees big expense all right so you guys are here to clear that up um unfortunately it wasn't clarified properly in in the decision in order but i believe it was the intent of this board to allow for trees to be grown which can be construed as a fence when they're planted in line that said uh you know anything that's living is allowed to be planted at four feet and grow higher you know when it's a man-made structure such as a fence or a solid stockade or whatever type of variety it has to be maintained and set at no higher than four feet so i believe that was the intention here and uh maybe it wasn't as clear right mike on it yeah decision came down that it said that you're only allowed to do a fence of four feet for the first x amount of feet i don't have it in front of me so when it said you could only do a fence and if you look at the definition in the code it says hedges fences i mean hedges trees and bushes planted for that purpose meaning along a line are considered fences so in our interpretation you know reading the code we had to call that a fence it's over four feet so they got it by alicia france the intent of screening and just like absolutely it's uh construed as as fencing so well we learned something yeah so in the past we've always considered shrubbery and and natural barriers um non non fences so this took us all for uh you actually have required fences i mean trees in a line to buffer something right which are bigger than what's allowed i mean you've done it that way as well right the high defense right generators or what have you right well that's why we went with the you know with the trees because it just goes with natural light naturally yeah and it came out it cost me a fortune foot looks beautiful my friend was a landscape very nice save me a couple of bucks but sometimes and they're doing most of the work clarifying so now we'll clarify everything you guys good no more questions thank you questions any input from the public on this application thank you thank you step on up good evening state your name and address for the record yes please all right ma'am you can use that microphone unless you can turn that one down towards your mouth uh this is can you hear me fine you know what use the the handheld if you don't mind just raise your right hand or state your name and address for the record first please dr elaine kulhouli 34 leslie drive and you swear to tell the truth the whole truth and nothing but the truth so help you god i do yes thank you thank you yeah great just use that handheld right there thank you is it all ready yeah do you have visuals or something you have to hold up yeah vinnie vinnie you got a second come on out and adjust the uh mic stand if you could is we're back there oh he's coming no he's just moving with us he's moving so put this one down he's gonna bring one out yeah i think you can turn that down towards your mouth there you go hi so i guess i'm a little bit confused because we came to the meeting 26 months ago my husband and i and we stood here and it was a variance to put in a six-foot fence where only four is permitted and we objected along the um 25 that is closest to our driveway and the um variance was denied along there and so we anticipated that there would only be a fence of four foot high in that area like you had said and thereafter it would be six foot so now um a living fence has been put in and the living fence is currently about seven to eight feet tall for the entire you know length but the only area that's in there i guess so us is a little bit disturbing is that the section closest to our house is not capped at four foot you know and the time code says that you know hedges plantings and other living fences shall be considered as fences if placed on the site for such purpose so i guess the conclusion that the applicant alluded to we weren't privy to that although we were here until after 11 o'clock at night on february 27th and so i'm a little bit surprised or confused as to what happened during the conversation that we had with the applicant last time there was discussion regarding planting of a living barrier whether it be uh you know evergreens or or in addition to the fence right there there was tons of discussion regarding having a fence and did not wanting to see the fence so you could put something in front of it or whatever um as we mentioned earlier the the the section that you just read regarding a living fence was not something that we were privy to but in the discussion for the decision we said and we were clear that they would be allowed to plant something in excess of four feet in addition to that 58 that 58.49 stretch correct i guess i don't see that anywhere in the minutes it is in there i just read them so that's where we're coming from which i'm sorry i'm still confused i don't see which page they saw because what's your objection to the the shrubbery being there what you prefer seeing that than opposed to offense well no our comp our um principal objection when we stood here on the february 27th was of safety you know we have young children and that is s-a-f-e-t-y i know that in the minutes it was spelt as cfd so we objected on grounds of safety that because we have at that time our youngest was two well now she's four and so we anticipated that the first section would be four foot high but the first section isn't four foot high okay so safety in what sense your driveway comes down right you can't see the photos that you see their driveway when you're coming out you actually say in there in the minutes i don't want to see into their property i don't i have no control so why why do you care if they're i don't want i don't want to see into their property but i want my children to be seen if i could just show you how are they unsafe i can't understand this how are they unsafe because they put something up which obscures our driveway i have lots of videos of they have a lot of deliveries we've been out to the property it's not being obscured come on okay it seems like you guys are taking advantage of this board for a civil situation which has to be taken matters somewhere else no right it's not it's about safety if i could just show you if we we've already explained our point and we've read the minutes we've been by the property party we've been by the property right we've seen it we're okay with it and we reviewed everything that you gave us we read every email every photo i've watched uh in the scene so i i don't know what the point is i really do i can't figure out why we're continuing this conversation well we're continuing with it because there were directives and the directives were that it was nice we're going to update the director thank you no no no it was not to be put in disputable territory and it is in disputable territory that's not foreign on an easement if something is on your property you have to go to court for that that's not okay it does not here okay what comes into play here is we agreed to a 58 um a fencing and four feet for that 59 feet whatever it was yes 50.49 four or nine feet we we said that you can have man-made shrubbery trees natural natural screaming we are going to amend the directive so that we can have that however if you have a problem with trees being on your property on an easement that's a civil matter okay well then it's the civil matter okay okay well thank you for your time all right you're welcome thank you yes i swear to tell the truth the whole truth nothing about the truth my name is tom sexton i live at 34 leslie drive speaking to the microphone please i live at 34 leslie drive my name is tom sexton i'd like to show you if i may approach the deus ex picture of my four-year-old daughter and and and show you all right before you do that do you want a picture of your four-year-old daughter in this record all right but so you have no problem with giving us a picture but you have a problem with with trees this is this is in our record this is in our record thank you but i haven't just come out of their driveway you can't see our driver our driveway dips down you came out and did a site visit i believe twice you have to be on the mic sir and back up please thanks phil you did a site visit twice now the first time you came out you said safety is an issue absolutely and now it's even more of an issue because they've put the trees so close to the uh right of way if i may if safety's such an issue why are you allowing your daughter to be so close to this we don't we have an orange fence that we pull across it's a 300-foot driveway okay i'm gonna leave that one alone you know she's four years old she can run through those trees and get to the passing um and if the trees weren't there she could run through there anyway i don't know if there was if there was a four foot fence which they requested in their original original variance request you can't run through a fence you can climb over a fence no go under fence no you can not not look at the size of her you haven't even seen her that is a long driveway and i'm surprised your daughter would be that far from the house without adults being around her we're always there have you ever chased a four-year-old absolutely and you know how crazy and you know how quick they are 100 but that's a long driveway do you keep the photo i'm sorry are you keeping the phone yes yeah submit it for the record did you not i i asked you one more time to have it i have no problem with you keeping the photo okay we'll do it you know in your minutes uh chairman maxwell you uh told the uh applicants not to encroach on the right-of-way and not to encroach of our property and again for civil court not for us and follow every person and their every action why did you say it in your minutes then if you weren't going to enforce it cannot if you weren't going to enforce it i'm going to ask you to leave if you're going to raise your voice with me okay do you have more to add ma'am uh no i just was surprised that it was changed after we left but uh you know we'll take it up in a civil court please i'll look for a motion to close the public carrying on this application all in favor all right thank you next application is uh number three brett brown and elsie russell for variation of section 156-515 seeking an area of variance for permission to remove garage complete and add a larger garage for boats car the property is located 161 west lake boulevard moho pak new york tax map 64.19-1-44 the code requires and allows 40 foot front provided is 23.6 variance required of 16.4 uh 15 feet rear what's provided is 8.58 feet and a 6.42 variance is being requested and 15 foot side 9.5 feet is existing and 5.5 feet variance is being requested good evening folks state your names and address for the record elsie russell 161 west lake boulevard brett brown 161 west lake boulevard if you're both going to speak time with plenty you can use the other mike raise your right hands i swear to tell the truth the whole truth nothing but the truth so help you god i do i do can you please be civil this evening all right bring us through uh actually you guys were here we granted you a variance prior but i guess something has changed that uh yes so previously we heard in june 2021 uh where the parents was granted um at the time we uh or just to recap it we had a two-car garage that we were tearing down and uh wanted to put in a larger one uh the front corner that is closest to the street there is you know the same corner that is being utilized and it's just going further back uh and to the one side once we afterwards and we had started construction um our friendly neighbor informed us that he thought the property lines were slightly different than what we had previously thought they were um so we reviewed the uh the survey and that we had originally um had done in 2017 when we bought the house after reviewing some of the online gifts uh instruments we had the land resurveyed and it turns out that the property line is overall the property is the same size but slightly shifted further back oh um slightly to the other direction so that's why the variance numbers are changing uh simply because it's going in the exact same sp spot that it was before and where the previous garage was but the yeah the whole lot kind of shifted over yeah and you're you're basically well screened on the back side of that um you're you're not changing the front line along the road right no you're not staying in the same corner um so you're kind of married to what's existing yeah it's been approved yeah it's just been upset back front step and i think there's a vacant lot next to to the right i think they're building a house but it's probably going to be set much further back than what you are to your property line from what they are going to be to their prop to the same property and in between us is a driveway slip that our original survey thought we owned and the property behind us owns it so that's where that shifting happened oh okay i should know it better i basically worked and that's right in addition to and then after that empty lot is uh another neighbor over there and we just have additional uh support uh from him who is the only one who's the closest who's the closest visible neighbor if they're quick reads you want to read you want to just at least read their names yeah or tell us your names this is this is from marshall hubert um this is his uh email to us as you know we live at 177 west lake boulevard and thus with the exception of the undeveloped parcel between your proposed garage and our driveway are your and proposed garages nearest neighbors on our shares side of westlake you have been wonderful neighbors since you moved in and your property and its visual appeal have only improved to the extent helpful please note that we support your request to replace your garage with a bigger and better new one which i'm sure will be an excellent taste best of luck with the project all right we will humbly accept that letter and submit it to the record um board members john down to the left no questions no questions no questions thank you no questions as long as it hasn't moved location yeah doesn't seem like it any input from the public on this application doesn't look like it all right look from motion to close second oh fail all right okay thank you guys thank you thank you very much all right number four uh application of silvano dorenzo for variation of section 156-15 seeking an area of errands for permission to install pool with a deck and a covered patio properties located at 21 steiner drive mahopac new york tax map 64.5-1-4 the code requires and allows a 15-foot side the pool is going to be set at 10 feet a variance of 5 feet required and for the for the deck 15 side is allowed pool deck is 10 feet provided and a 5 foot variance so 5 foot bearings for both pool and deck are being requested uh bring us through your situation sir oh i'm sorry um here yeah thank you my little parent on my shoulder uh state your name and uh address for the record please silvano dorenzo 21 steiner drive in it back and raise your right hand that's what i swear to tell the truth with the whole truth nothing but the truth so i'll help you god yes sir thanks all right so you didn't put this in yet right no so you're looking to put this in have you spoke to your neighbors yes anybody have any issues no i mean i'm i'm well liked because i you know whenever i do something in the yard i always ask i try to be friendly you know so everyone is on board with as far as i know okay especially the neighbor directly it's going to you know go across next to i should say right you submitted uh drawings for the uh structure which makes mike mike pretty happy um yes it looks like uh from the pictures i didn't get a chance to get out there but it looks like the house is far enough away from the next neighbor on that side um right the problem is my property is crooked if you see the yeah the way it is and you know the question is well move it over five feet well i can't because my septic goes straight down and it branches to the left and i'm like three feet away the guy says anything closer than that like i'm going to compact the the field the fields and he's like don't even you know even that's a little bit too much so that's why i'm five feet closer than i have to be unfortunately obviously there's no property you can buy because you're landlocked there and i can't go behind me because i have the the wet the wet area what are they called wetlands yeah so i can't even go to the back good pools make good neighbors yes sir yeah uh rose no questions no questions thank you no questions john no question any input from the public on this application i don't think so i'll look for a motion to close the public hearing motion to close a second all in favor how long how long does it take to someone finds out roughly you can stick around tonight we're going to ju we're going to adjudicate okay after we close all the hearings um and then or you can call tomorrow we'll call tomorrow talk to you mike's office and and see or you can go back home and watch it on cable 24. we're almost done 95. there we go uh all right application number five jose ileskas for a variation of section 156-15 seeking area variants for permission to retain an existing shed properties located at 114 hill street boho pak new york is tax map 64.18-1-42 code requires and allows 20-foot side yard for shed what's provided is five feet and a variance of 15 feet is being requested good evening joel went on to swear you in um just state your name and address for the record yes told greenwood because dawn definitely doesn't know who you are uh bring us through your situation here as you can see from the server this is a fairly large piece of properties almost one full acre it's an existing house over here there was some old uh lean tools i call them which were here before which i had removed i had the client remove them this particular shed is a full structure with a concrete slab and it's approximate it's five feet from the property line the good thing is there's a fence that goes if you've been out to the site there's a fence that goes along the whole property we i have contacted the neighbor here and they have no problem with having the shed remain they also wanted to have all the lien twos gone which i believe which i know that because i've been out to the site this they're all gone so basically it's just a variance to keep the existing shed uh and it's uh that's any questions that's what's stored in there uh there's just tools and stuff like that how long has she had been there i would say i don't i honestly don't know but i would say at least five or six years it's been there a long time maybe maybe 10 years okay so obviously if someone had a problem with it they would have complained yeah that's correct what would be the cost to need sweet paint well the performance the course would be a little bit more than a normal shed which is usually on wood platform but this has a full concrete slab so to replace that is probably in the neighborhood of about five thousand dollars okay uh john any questions uh it looks looks fine no questions no questions no questions thank you so good down here uh joel i went over there and it's fine my only concern was that the house behind is kind of close and he had a lot of wood there my concern is always with carpenter ants when there's wood just hanging out i don't know if you could move it away from the other person's property and we'll have it moved immediately yes thank you you know i hate to see anybody no i agreed all right is there any input from the public on this application i'll look for a motion to close the hearing motion to close do i have a second second all in favor all right thank you all right yeah you're still here you got one more last application is johnny renoso for variation of section 156-15 seeking an area variants for permission to add second-story addition and interior alterations properties located at 35 summit drive hull pack new york tax map 86.39-1-3-1 code requires and allows 40-foot front on the north and 38.7 feet are provided a variance of a whopping 1.3 feet is being requested and for the west side 40-foot front yard is required and provided there is a 33-foot dimension and a variance required or being requested of seven feet joel okay very interesting i mean i've i'm here since 1969 it's about 53 years and i've never seen a piece of property this is over uh in lake baldwin this piece of property is surrounded by roads on all sides so basically that's right you've got you've got all front yards that's a new one on me too wow this is the same map that was up for the last application though yeah but he was probably oh no no no no no no this is the right this is how he's going to the left there's two this is this is application this is so anyway it's a very unusual piece of property and basically we're not getting any closer to the property lines than existing however because we are squaring off over here and adding a deck but the setback is the same as the setback is for the house on this side also we're adding a uh a deck on the on the rear the rear part of the house and the same thing is the existing is 33 and it's gonna remain 33. so again very unusual piece of property it's uh i've never seen anything like it but it's there so you're going away from the front lines and it's basically as i said whatever the setbacks are now that's what that's going to remain but uh so there's there's no property they can purchase no i don't think so um any do you have any renderings of what they watched elevations or renderings with the editions uh we we've measured up the house and we're in the process of developing the but again we did we did show the this is the existing house these are the decks on either side and uh we're just basically engraving the roof the ceilings in the upper floor are low okay it looks like on that right side you step back even further from the front yes actually we are yeah it showed it on the the yeah if this is the actual setback line so again it's the same as existing and the the deck will not be any closer and the same thing over here huh six how many stories six what um where's the septic okay uh the septic is the septic tank and is in the septic area over here and uh i believe the well is somewhere down over here what's happening now is actually it's a magnificent piece of property because from this house you can you can see this is like the highest point in lake baldwin but it's it's really it's a magnificent uh uh view and it's a huge piece of property uh okay so any questions from the board not eating any bedrooms not subtracting any bedrooms or something everything's safe down here it's staying on the footprint yes um so the the variances are small so i have no objections no questions thanks and thank you the decks are going off the footprint well yes but they're not getting any closer than that no but i just want to make sure she knows they're adding decks off the footprint to the side but on the other side yeah the back which is too close to the right in other words the front in other the words of the house over here is 33 feet and what i did was i i extended the line to parallel to the property lines so i made sure the deck that we're adding here is also 33 feet yeah okay and the same thing on the other side by the front of the house i made sure that the deck was laid out so that as you can see over here so that the setback is the same as the house okay all right i would love to have seen elevations to see what you were doing but never mind uh when i do it i will uh we'll get you so yeah joel we usually we you know it doesn't have to be full-blown drawings but even just renderings or quick hand sketches whatever you know we like it helps us envision three okay i apologize right we'll do that but you know i think this is pretty self-explanatory but you know generally we like to see that just out of curiosity mike is is there any other piece of property in carmel that looks like this i mean all four sides not where somebody has the whole piece not i'm aware of it oh yeah i can understand yeah if it was split yeah but this is it's an island it's an island that's right i live to itself no questions all right input from the public on this application yeah my associate approves it i'll look for a motion to close the hearing motion of close second second all in favor okay at this point we're going to close the public hearing portion of this meeting and we will adjudicate uh application number one john regan i'll look for a motion oh that's i'm sorry that's held over i mean that's held over sorry i'm sorry i'm going on an order here on the paper uh new applications is uh christina felizardo i'll look for a motion i make a motion to amend the previous decision and order of the board dated february 27 2020 that adds that do that the applicant in addition to the man-made the applicant in addition to the man-made fence for the first 48.49 feet may plant shrubbery trees or natural growth which may exceed the four-foot height okay do i have a second to that one second second second then all in favor aye aye aye aye okay that's granted as amended uh number three brown and russell motion to grant a second any discussion all in favor right that's granted um number four direnzo look for motion motion to grant we have a second second well any discussion all in favor aye aye that's granted uh number five alaska's look for a motion motion to grant second seconded by silvio any discussion okay that's granted all in favor oh all favor trying not uh application number six reynoso motion to grant a second all in favor all right that's granted punch all right minutes from february 24th uh and do i guess anybody have any issues with the minutes from february 24th or march 24th of 2022 no do i have a motion motion to accept do i have a second second all in favor aye okay motion to close this so move this evening all in favor all the favor all right thank you have a good night 00:00:59.349 --> 00:01:01.430 align:start position:0% all right good evening everyone welcome to the april 2022 zoning board of appeals meeting for the town of carmel um the way we operate well the board members names are in front of you mike carnaza our code uh inspection officer and greg foshetti is our town council um the way we operate is i will come up to the board call your name um i'll swear yen and uh whoever else is going to be speaking i have to swear as well unless you're an attorney so then we will go through your case you will be questioned and commented by the board and then we'll open it up to the public once the public has had a chance to speak we will close the hearing and there'll be no further input on any application at that point there's only five and there's only five of us tonight so um please all stand and join me for the pledge of allegiance i pledge allegiance 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 first case tonight was a holdover from uh last month it's uh application of john regan for variation of section 156-15 seeking a use variance for permission to legalize existing third apartment properties located at 1751 route 6 carmel new york it's tax map 55.6-1-24 the code requires and allows no mixed-use variants granted to allow two families with office below from six nineteen ninety eight and what's provided are two apartments approved request permission to expand non-conforming use to a third apartment the variance that we're seeking is an applicant seeks to expand existing two-family with office approved by zba in 1998 by adding a third studio apartment from an existing empty space which has been residentially occupied for over 10 years the applicant will in turn waive the previous zba approval to add a garage okay good evening good evening mr chairman members of the board my name is frank j smith the third attorney from the law office of schilling and smith on behalf of the applicant with me this evening is mr john regan the applicant along with our project architect joel greenberg and his associate vince pacquora excuse me swear joellen it's hard to tell the truth the whole truth nothing but the truth so help you god thank you guys just do me a favor speak clearly and distinctly into the microphone it's being recorded obviously for minutes okay as noted uh the property is located at 1751 route 6 carmel new york 10512. the property has a tax map number of 55.6-1-24 the property is comprised of roughly 1.4 acres and is located in a commercial zoning district currently existing on the premises is a mixed-use structure it contains two apartments one two bedroom one three bedroom a downstairs office and a studio apartment roughly 400 square feet the property is also serviced by municipal water and municipal sewer the relief requested this evening is an expansion of a non-conforming use to legalize the studio apartment and also a waiver of the previously approved garage in support of our application this office provided you with the applicant's affidavit a memorandum of law the inspection report from the time of purchase photographs and a profit and loss statement the applicant purchased the property in 2007 at the time of purchase the applicant's home inspector continuously referred to the studio at the time of purchase the units were occupied and since 2012 the studio apartment has been occupied by the same tenant the property consists of one two-bedroom apartment one three-bedroom apartment an office in the studio in december of 2020 the town conducted a fire inspection and at that time the report noted that the additional unit must be addressed the additional unit is the studio in question this was the first time the applicant became aware of any issues related to the studio this property was granted variances in both 1996 and 1998. the 1998 variants permitted the building of a two-car garage and the expansion of one of the apartments that initial application also sought an apartment above the garage which was denied the approval in 1998 never took place construction never began the garage was not built and the apartment was not expanded along with the application i mentioned the memorandum of law and support this property is currently recognized as a legally pre-existing mixed use and tonight we are seeking an expansion of that mixed use to provide for a kitchen in the studio apartment and to legalize it when determining the expansion of a non-conforming use the board must utilize use variant standards although it is not a true use variance the use proposed is consistent with the zoning district but the board must consider the use variance criteria when determining the application there are four criteria to consider when analyzing a use variance first and most importantly the board must consider if the variance be granted whether it would change the essential character of the neighborhood in this instance it would not the studio has existed since at least 1998 and has been occupied by the same tenant since 2012 10 years there are no structural changes being proposed and the approved garage will not be built the surrounding properties in that area are also very similar in nature next the board must consider whether the applicant can realize a reasonable return and his economic hardship in our application marked as exhibit e there is a profit and loss statement showing that the property is operating at a loss it's well established that the burden of proving economic hardship is most burdensome on illegally pre-existing non-conforming use in this case the property is a house in a commercial district there are no other uses and again it is operating at a loss there's also next to no market for a four bedroom apartment in this particular area next the board must consider uniqueness in this case the apple can purchase the property with no knowledge of illegality and the current use has been in existence for over 20 years and to reiterate the studio has been occupied by the same tenant for the past 10. additionally this board in 1998 granted approvals to expand that expansion was through the garage and the upstairs area that expansion never took place and that in addition makes this particularly unique lastly the board must consider whether the hardship to the applicant was self-created and in this case it most certainly was not the applicant purchased the house as is with no knowledge of illegality at the time of purchase there were no municipal violations with the town the applicant had no knowledge of any issues related to the studio until the fire inspection which took place in december of 2020 at the time of purchase the applicant relied on his home inspection advice of counsel and the fact that there were no violations at the time of purchase again i would like to reiterate that this is not a standard use variance but an expansion of a non-conforming use that utilizes use variance criteria in conclusion i contend that the applicant meets all four criteria of the use variance analysis and would respectfully request that this board grant the relief being sought mr regan and mr greenberg are available for questions as am i thank you mr chairman okay thank you um joel do you have anything to to add the only thing i would like to add if just take a look at the floor plans first of all this is the site as you as you can see this is the building this little site around the building is all basically landscape lawn area the parking more than meets the criteria for parking requirements for the three apartments and the and for the insurance business downstairs uh again these are the floor plans and this is the office downstairs which is at the off this driveway uh and then these are the two floors above and as you can see the store this is the two and three bedroom apartments this is the studio this little l it consists of basically one room a bathroom and uh as actually at the plant we're at the plant board uh mr carnaz suggested that we put a small like utility kitchen which we should now show on the plan so basically the footprint of the building has never changed as frank said this has been occupied by the same tenant for 10 years and there's certainly no burden on either the sewer or the water districts and again this perimeter has never changed it's the same as it was back in 1998. and where was the uh approved garage edition supposed to go the uh the pool for the garage was supposed to be in this area between this parking lot and the existing building was supposed to be in this area here actually right behind the uh funeral home which is over here this is the funeral home over here but again that building was not built this area is well kept well landscaped and again just to reiterate repeating myself but the perimeter of the footprint of this building has never changed okay and of course the garage and the proposed apartment grow above the garage we never built in light of knowing what's coming with the master plan that's forthcoming i don't know mike when when is that supposed to be adopted the master plan when is that supposed to be after i would say within a year from now yeah the town is in the process there's a draft plan now the zoning modifications to meet the concepts of the plan are being done and it still has to go through seeker and that's a type one so um but obviously cope affected it uh in terms of the process but i know that the consultant is shooting for the end of this year can i just add something to that uh mr chairman uh one of the things because you know uh in discussing talking with uh pat cleary who's the town planner one of the things that is definitely i believe going to be part of the new master plan is to allow uh commercial on the floor on the lower floor with apartments above that's that's right uh as you probably all know i think this is the only town in westchester and portland that doesn't allow commercial with apartments above it's it's something that should have been that's my point is that there's some changes that are forthcoming that may benefit the applicant here exactly might prompt them to want to hold off on this just asking the question you know if they decide not to that's their prerogative but well as as greg said possibly a year but who knows how much longer yeah and i i think that uh frank has made a very good argument and i as i said we haven't expanded anything there's been no additions this building is exactly the same as it was when that apartment was put in i think that's also a plus and i think frank has really gone through the criteria for the use variants even though it's technically not a use variance but i think we've made the case okay um rose one critical part of the use variance that normally gets shot down is the financials what you've handed me doesn't doesn't satisfy my financial question i could throw numbers down on a piece of paper this really isn't something that i think is effective in in answering the the um that part of the criteria i'd like to see something more than this so in means of like some invoices or utility bills or the rental income i absolutely understand your concern the only point that i would make is that this was included in our sworn uh application to you mr regan is here if you would like additional testimony to help bolster that this evening if you would like additional materials i would not mind getting them gathering them and submitting them to you but i do believe that through our application our clients affidavit and then also mr regan being here to answer any questions i think would satisfy the board but again i'm open-minded should you require anything additional yeah it just doesn't i i'm just one vote though so mr smith just to ask you um the 60 65 a month that's for the studio unit is that what that's calling out in exhibit e i'm trying because i i'm with rose i i this is just you know a word doc to me but you know you have the total of rental income 5104 and then there's the 66 16.65 what is that that's the lowest that's minus 16. so so to clarify on the left-hand side are operating expenses okay on a monthly basis on the right-hand side is monthly rental income and then it's negative 16.65 okay so so so that's your net loss so correct what is the specific for example and this is again something that's missing from here how much is that studio paying and rent the month because again that would go towards this story as well yeah there should be four right there we should see the rents here so we could get an idea of what's going on this to me is woefully and complete because we don't have that information how much does the the commercial property bring in how much are the three apartments bringing in 50 104 is that for just the commercial what is it for you know what's the breakdown of the the four rentals right if you would like mr regan can provide the answers to that tonight or we can respectfully request an adjournment to next month where i provide you a more detailed breakdown of each unit the rentals and and hopefully something that would be more satisfactory into your life i'm not saying that mr reagan wouldn't come up here and tell us exactly what we're looking for but i think we would rather have it in writing you know with the proof with us you know with mortgage payments you know whatever other i'm sure it's easy enough to find out what the insurance is what the utilities are things like that rent receipts uh rent receipts um and go from there i think that's where we're at so mr chairman respectfully i would request an adjournment to next month uh in that time i will prepare additional information to be submitted to the board if it's okay with you two weeks prior to that appearance with that yeah please please sometimes we get submissions a day before the day of the meeting and it's just not even a week before it's fine by me i don't know how everybody else feels even always fine week before it's fine as well make it good make it right yeah yeah i'll look for a motion for a hold over on the location and joel thank you oh does the whole board have to thank you because i don't want it i don't know come on let's be respectful we are joel all right application number two of christina felizardo justin from section 156-15 seeking an area of areas for permission to amend previous decision order from february 27 2020 the property is located at 41 leslie drive home pack new york tax map 53.17-1-16 good evening good evening everybody mr chairman um we're just here because state's your name for the record uh pedro filizardo 41 leslie drive and christina felizado 41 leslie drive raise your right hands please swear to tell the truth the whole truth nothing but the truth so i hope you got i don't i do thank you no you don't have to decide that's only if anybody comes up to speak from the public they have to so we had uh we had a variance meeting like february 27 20 and we came to a conclusion an agreement and there was no objection to the conclusion but it wasn't written down on the final paper i guess the decision i got hit with the violation which then i went to mike and i showed him the minutes and i said look this is what we agreed on but only the fence was written down and i ended up planting old trees okay and which is 38 trees big expense all right so you guys are here to clear that up um unfortunately it wasn't clarified properly in in the decision in order but i believe it was the intent of this board to allow for trees to be grown which can be construed as a fence when they're planted in line that said uh you know anything that's living is allowed to be planted at four feet and grow higher you know when it's a man-made structure such as a fence or a solid stockade or whatever type of variety it has to be maintained and set at no higher than four feet so i believe that was the intention here and uh maybe it wasn't as clear right mike on it yeah decision came down that it said that you're only allowed to do a fence of four feet for the first x amount of feet i don't have it in front of me so when it said you could only do a fence and if you look at the definition in the code it says hedges fences i mean hedges trees and bushes planted for that purpose meaning along a line are considered fences so in our interpretation you know reading the code we had to call that a fence it's over four feet so they got it by alicia france the intent of screening and just like absolutely it's uh construed as as fencing so well we learned something yeah so in the past we've always considered shrubbery and and natural barriers um non non fences so this took us all for uh you actually have required fences i mean trees in a line to buffer something right which are bigger than what's allowed i mean you've done it that way as well right the high defense right generators or what have you right well that's why we went with the you know with the trees because it just goes with natural light naturally yeah and it came out it cost me a fortune foot looks beautiful my friend was a landscape very nice save me a couple of bucks but sometimes and they're doing most of the work clarifying so now we'll clarify everything you guys good no more questions thank you questions any input from the public on this application thank you thank you step on up good evening state your name and address for the record yes please all right ma'am you can use that microphone unless you can turn that one down towards your mouth uh this is can you hear me fine you know what use the the handheld if you don't mind just raise your right hand or state your name and address for the record first please dr elaine kulhouli 34 leslie drive and you swear to tell the truth the whole truth and nothing but the truth so help you god i do yes thank you thank you yeah great just use that handheld right there thank you is it all ready yeah do you have visuals or something you have to hold up yeah vinnie vinnie you got a second come on out and adjust the uh mic stand if you could is we're back there oh he's coming no he's just moving with us he's moving so put this one down he's gonna bring one out yeah i think you can turn that down towards your mouth there you go hi so i guess i'm a little bit confused because we came to the meeting 26 months ago my husband and i and we stood here and it was a variance to put in a six-foot fence where only four is permitted and we objected along the um 25 that is closest to our driveway and the um variance was denied along there and so we anticipated that there would only be a fence of four foot high in that area like you had said and thereafter it would be six foot so now um a living fence has been put in and the living fence is currently about seven to eight feet tall for the entire you know length but the only area that's in there i guess so us is a little bit disturbing is that the section closest to our house is not capped at four foot you know and the time code says that you know hedges plantings and other living fences shall be considered as fences if placed on the site for such purpose so i guess the conclusion that the applicant alluded to we weren't privy to that although we were here until after 11 o'clock at night on february 27th and so i'm a little bit surprised or confused as to what happened during the conversation that we had with the applicant last time there was discussion regarding planting of a living barrier whether it be uh you know evergreens or or in addition to the fence right there there was tons of discussion regarding having a fence and did not wanting to see the fence so you could put something in front of it or whatever um as we mentioned earlier the the the section that you just read regarding a living fence was not something that we were privy to but in the discussion for the decision we said and we were clear that they would be allowed to plant something in excess of four feet in addition to that 58 that 58.49 stretch correct i guess i don't see that anywhere in the minutes it is in there i just read them so that's where we're coming from which i'm sorry i'm still confused i don't see which page they saw because what's your objection to the the shrubbery being there what you prefer seeing that than opposed to offense well no our comp our um principal objection when we stood here on the february 27th was of safety you know we have young children and that is s-a-f-e-t-y i know that in the minutes it was spelt as cfd so we objected on grounds of safety that because we have at that time our youngest was two well now she's four and so we anticipated that the first section would be four foot high but the first section isn't four foot high okay so safety in what sense your driveway comes down right you can't see the photos that you see their driveway when you're coming out you actually say in there in the minutes i don't want to see into their property i don't i have no control so why why do you care if they're i don't want i don't want to see into their property but i want my children to be seen if i could just show you how are they unsafe i can't understand this how are they unsafe because they put something up which obscures our driveway i have lots of videos of they have a lot of deliveries we've been out to the property it's not being obscured come on okay it seems like you guys are taking advantage of this board for a civil situation which has to be taken matters somewhere else no right it's not it's about safety if i could just show you if we we've already explained our point and we've read the minutes we've been by the property party we've been by the property right we've seen it we're okay with it and we reviewed everything that you gave us we read every email every photo i've watched uh in the scene so i i don't know what the point is i really do i can't figure out why we're continuing this conversation well we're continuing with it because there were directives and the directives were that it was nice we're going to update the director thank you no no no it was not to be put in disputable territory and it is in disputable territory that's not foreign on an easement if something is on your property you have to go to court for that that's not okay it does not here okay what comes into play here is we agreed to a 58 um a fencing and four feet for that 59 feet whatever it was yes 50.49 four or nine feet we we said that you can have man-made shrubbery trees natural natural screaming we are going to amend the directive so that we can have that however if you have a problem with trees being on your property on an easement that's a civil matter okay well then it's the civil matter okay okay well thank you for your time all right you're welcome thank you yes i swear to tell the truth the whole truth nothing about the truth my name is tom sexton i live at 34 leslie drive speaking to the microphone please i live at 34 leslie drive my name is tom sexton i'd like to show you if i may approach the deus ex picture of my four-year-old daughter and and and show you all right before you do that do you want a picture of your four-year-old daughter in this record all right but so you have no problem with giving us a picture but you have a problem with with trees this is this is in our record this is in our record thank you but i haven't just come out of their driveway you can't see our driver our driveway dips down you came out and did a site visit i believe twice you have to be on the mic sir and back up please thanks phil you did a site visit twice now the first time you came out you said safety is an issue absolutely and now it's even more of an issue because they've put the trees so close to the uh right of way if i may if safety's such an issue why are you allowing your daughter to be so close to this we don't we have an orange fence that we pull across it's a 300-foot driveway okay i'm gonna leave that one alone you know she's four years old she can run through those trees and get to the passing um and if the trees weren't there she could run through there anyway i don't know if there was if there was a four foot fence which they requested in their original original variance request you can't run through a fence you can climb over a fence no go under fence no you can not not look at the size of her you haven't even seen her that is a long driveway and i'm surprised your daughter would be that far from the house without adults being around her we're always there have you ever chased a four-year-old absolutely and you know how crazy and you know how quick they are 100 but that's a long driveway do you keep the photo i'm sorry are you keeping the phone yes yeah submit it for the record did you not i i asked you one more time to have it i have no problem with you keeping the photo okay we'll do it you know in your minutes uh chairman maxwell you uh told the uh applicants not to encroach on the right-of-way and not to encroach of our property and again for civil court not for us and follow every person and their every action why did you say it in your minutes then if you weren't going to enforce it cannot if you weren't going to enforce it i'm going to ask you to leave if you're going to raise your voice with me okay do you have more to add ma'am uh no i just was surprised that it was changed after we left but uh you know we'll take it up in a civil court please i'll look for a motion to close the public carrying on this application all in favor all right thank you next application is uh number three brett brown and elsie russell for variation of section 156-515 seeking an area of variance for permission to remove garage complete and add a larger garage for boats car the property is located 161 west lake boulevard moho pak new york tax map 64.19-1-44 the code requires and allows 40 foot front provided is 23.6 variance required of 16.4 uh 15 feet rear what's provided is 8.58 feet and a 6.42 variance is being requested and 15 foot side 9.5 feet is existing and 5.5 feet variance is being requested good evening folks state your names and address for the record elsie russell 161 west lake boulevard brett brown 161 west lake boulevard if you're both going to speak time with plenty you can use the other mike raise your right hands i swear to tell the truth the whole truth nothing but the truth so help you god i do i do can you please be civil this evening all right bring us through uh actually you guys were here we granted you a variance prior but i guess something has changed that uh yes so previously we heard in june 2021 uh where the parents was granted um at the time we uh or just to recap it we had a two-car garage that we were tearing down and uh wanted to put in a larger one uh the front corner that is closest to the street there is you know the same corner that is being utilized and it's just going further back uh and to the one side once we afterwards and we had started construction um our friendly neighbor informed us that he thought the property lines were slightly different than what we had previously thought they were um so we reviewed the uh the survey and that we had originally um had done in 2017 when we bought the house after reviewing some of the online gifts uh instruments we had the land resurveyed and it turns out that the property line is overall the property is the same size but slightly shifted further back oh um slightly to the other direction so that's why the variance numbers are changing uh simply because it's going in the exact same sp spot that it was before and where the previous garage was but the yeah the whole lot kind of shifted over yeah and you're you're basically well screened on the back side of that um you're you're not changing the front line along the road right no you're not staying in the same corner um so you're kind of married to what's existing yeah it's been approved yeah it's just been upset back front step and i think there's a vacant lot next to to the right i think they're building a house but it's probably going to be set much further back than what you are to your property line from what they are going to be to their prop to the same property and in between us is a driveway slip that our original survey thought we owned and the property behind us owns it so that's where that shifting happened oh okay i should know it better i basically worked and that's right in addition to and then after that empty lot is uh another neighbor over there and we just have additional uh support uh from him who is the only one who's the closest who's the closest visible neighbor if they're quick reads you want to read you want to just at least read their names yeah or tell us your names this is this is from marshall hubert um this is his uh email to us as you know we live at 177 west lake boulevard and thus with the exception of the undeveloped parcel between your proposed garage and our driveway are your and proposed garages nearest neighbors on our shares side of westlake you have been wonderful neighbors since you moved in and your property and its visual appeal have only improved to the extent helpful please note that we support your request to replace your garage with a bigger and better new one which i'm sure will be an excellent taste best of luck with the project all right we will humbly accept that letter and submit it to the record um board members john down to the left no questions no questions no questions thank you no questions as long as it hasn't moved location yeah doesn't seem like it any input from the public on this application doesn't look like it all right look from motion to close second oh fail all right okay thank you guys thank you thank you very much all right number four uh application of silvano dorenzo for variation of section 156-15 seeking an area of errands for permission to install pool with a deck and a covered patio properties located at 21 steiner drive mahopac new york tax map 64.5-1-4 the code requires and allows a 15-foot side the pool is going to be set at 10 feet a variance of 5 feet required and for the for the deck 15 side is allowed pool deck is 10 feet provided and a 5 foot variance so 5 foot bearings for both pool and deck are being requested uh bring us through your situation sir oh i'm sorry um here yeah thank you my little parent on my shoulder uh state your name and uh address for the record please silvano dorenzo 21 steiner drive in it back and raise your right hand that's what i swear to tell the truth with the whole truth nothing but the truth so i'll help you god yes sir thanks all right so you didn't put this in yet right no so you're looking to put this in have you spoke to your neighbors yes anybody have any issues no i mean i'm i'm well liked because i you know whenever i do something in the yard i always ask i try to be friendly you know so everyone is on board with as far as i know okay especially the neighbor directly it's going to you know go across next to i should say right you submitted uh drawings for the uh structure which makes mike mike pretty happy um yes it looks like uh from the pictures i didn't get a chance to get out there but it looks like the house is far enough away from the next neighbor on that side um right the problem is my property is crooked if you see the yeah the way it is and you know the question is well move it over five feet well i can't because my septic goes straight down and it branches to the left and i'm like three feet away the guy says anything closer than that like i'm going to compact the the field the fields and he's like don't even you know even that's a little bit too much so that's why i'm five feet closer than i have to be unfortunately obviously there's no property you can buy because you're landlocked there and i can't go behind me because i have the the wet the wet area what are they called wetlands yeah so i can't even go to the back good pools make good neighbors yes sir yeah uh rose no questions no questions thank you no questions john no question any input from the public on this application i don't think so i'll look for a motion to close the public hearing motion to close a second all in favor how long how long does it take to someone finds out roughly you can stick around tonight we're going to ju we're going to adjudicate okay after we close all the hearings um and then or you can call tomorrow we'll call tomorrow talk to you mike's office and and see or you can go back home and watch it on cable 24. we're almost done 95. there we go uh all right application number five jose ileskas for a variation of section 156-15 seeking area variants for permission to retain an existing shed properties located at 114 hill street boho pak new york is tax map 64.18-1-42 code requires and allows 20-foot side yard for shed what's provided is five feet and a variance of 15 feet is being requested good evening joel went on to swear you in um just state your name and address for the record yes told greenwood because dawn definitely doesn't know who you are uh bring us through your situation here as you can see from the server this is a fairly large piece of properties almost one full acre it's an existing house over here there was some old uh lean tools i call them which were here before which i had removed i had the client remove them this particular shed is a full structure with a concrete slab and it's approximate it's five feet from the property line the good thing is there's a fence that goes if you've been out to the site there's a fence that goes along the whole property we i have contacted the neighbor here and they have no problem with having the shed remain they also wanted to have all the lien twos gone which i believe which i know that because i've been out to the site this they're all gone so basically it's just a variance to keep the existing shed uh and it's uh that's any questions that's what's stored in there uh there's just tools and stuff like that how long has she had been there i would say i don't i honestly don't know but i would say at least five or six years it's been there a long time maybe maybe 10 years okay so obviously if someone had a problem with it they would have complained yeah that's correct what would be the cost to need sweet paint well the performance the course would be a little bit more than a normal shed which is usually on wood platform but this has a full concrete slab so to replace that is probably in the neighborhood of about five thousand dollars okay uh john any questions uh it looks looks fine no questions no questions no questions thank you so good down here uh joel i went over there and it's fine my only concern was that the house behind is kind of close and he had a lot of wood there my concern is always with carpenter ants when there's wood just hanging out i don't know if you could move it away from the other person's property and we'll have it moved immediately yes thank you you know i hate to see anybody no i agreed all right is there any input from the public on this application i'll look for a motion to close the hearing motion to close do i have a second second all in favor all right thank you all right yeah you're still here you got one more last application is johnny renoso for variation of section 156-15 seeking an area variants for permission to add second-story addition and interior alterations properties located at 35 summit drive hull pack new york tax map 86.39-1-3-1 code requires and allows 40-foot front on the north and 38.7 feet are provided a variance of a whopping 1.3 feet is being requested and for the west side 40-foot front yard is required and provided there is a 33-foot dimension and a variance required or being requested of seven feet joel okay very interesting i mean i've i'm here since 1969 it's about 53 years and i've never seen a piece of property this is over uh in lake baldwin this piece of property is surrounded by roads on all sides so basically that's right you've got you've got all front yards that's a new one on me too wow this is the same map that was up for the last application though yeah but he was probably oh no no no no no no this is the right this is how he's going to the left there's two this is this is application this is so anyway it's a very unusual piece of property and basically we're not getting any closer to the property lines than existing however because we are squaring off over here and adding a deck but the setback is the same as the setback is for the house on this side also we're adding a uh a deck on the on the rear the rear part of the house and the same thing is the existing is 33 and it's gonna remain 33. so again very unusual piece of property it's uh i've never seen anything like it but it's there so you're going away from the front lines and it's basically as i said whatever the setbacks are now that's what that's going to remain but uh so there's there's no property they can purchase no i don't think so um any do you have any renderings of what they watched elevations or renderings with the editions uh we we've measured up the house and we're in the process of developing the but again we did we did show the this is the existing house these are the decks on either side and uh we're just basically engraving the roof the ceilings in the upper floor are low okay it looks like on that right side you step back even further from the front yes actually we are yeah it showed it on the the yeah if this is the actual setback line so again it's the same as existing and the the deck will not be any closer and the same thing over here huh six how many stories six what um where's the septic okay uh the septic is the septic tank and is in the septic area over here and uh i believe the well is somewhere down over here what's happening now is actually it's a magnificent piece of property because from this house you can you can see this is like the highest point in lake baldwin but it's it's really it's a magnificent uh uh view and it's a huge piece of property uh okay so any questions from the board not eating any bedrooms not subtracting any bedrooms or something everything's safe down here it's staying on the footprint yes um so the the variances are small so i have no objections no questions thanks and thank you the decks are going off the footprint well yes but they're not getting any closer than that no but i just want to make sure she knows they're adding decks off the footprint to the side but on the other side yeah the back which is too close to the right in other words the front in other the words of the house over here is 33 feet and what i did was i i extended the line to parallel to the property lines so i made sure the deck that we're adding here is also 33 feet yeah okay and the same thing on the other side by the front of the house i made sure that the deck was laid out so that as you can see over here so that the setback is the same as the house okay all right i would love to have seen elevations to see what you were doing but never mind uh when i do it i will uh we'll get you so yeah joel we usually we you know it doesn't have to be full-blown drawings but even just renderings or quick hand sketches whatever you know we like it helps us envision three okay i apologize right we'll do that but you know i think this is pretty self-explanatory but you know generally we like to see that just out of curiosity mike is is there any other piece of property in carmel that looks like this i mean all four sides not where somebody has the whole piece not i'm aware of it oh yeah i can understand yeah if it was split yeah but this is it's an island it's an island that's right i live to itself no questions all right input from the public on this application yeah my associate approves it i'll look for a motion to close the hearing motion of close second second all in favor okay at this point we're going to close the public hearing portion of this meeting and we will adjudicate uh application number one john regan i'll look for a motion oh that's i'm sorry that's held over i mean that's held over sorry i'm sorry i'm going on an order here on the paper uh new applications is uh christina felizardo i'll look for a motion i make a motion to amend the previous decision and order of the board dated february 27 2020 that adds that do that the applicant in addition to the man-made the applicant in addition to the man-made fence for the first 48.49 feet may plant shrubbery trees or natural growth which may exceed the four-foot height okay do i have a second to that one second second second then all in favor aye aye aye aye okay that's granted as amended uh number three brown and russell motion to grant a second any discussion all in favor right that's granted um number four direnzo look for motion motion to grant we have a second second well any discussion all in favor aye aye that's granted uh number five alaska's look for a motion motion to grant second seconded by silvio any discussion okay that's granted all in favor oh all favor trying not uh application number six reynoso motion to grant a second all in favor all right that's granted punch all right minutes from february 24th uh and do i guess anybody have any issues with the minutes from february 24th or march 24th of 2022 no do i have a motion motion to accept do i have a second second all in favor aye okay motion to close this so move this evening all in favor all the favor all right thank you have a good night 00:01:01.430 --> 00:01:01.440 align:start position:0% 00:01:01.440 --> 00:01:03.590 align:start position:0% 00:01:03.590 --> 00:01:05.590 align:start position:0% 00:01:05.590 --> 00:01:06.950 align:start position:0% 00:01:06.950 --> 00:01:09.350 align:start position:0% 00:01:09.350 --> 00:01:11.030 align:start position:0% 00:01:11.030 --> 00:01:13.990 align:start position:0% 00:01:13.990 --> 00:01:16.630 align:start position:0% 00:01:16.630 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