Zoning Board of Appeals May 17, 2017 Meeting Minutes Held at the Patterson Town Hall 1142 Route 311 Patterson, NY 12563

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1 PLANNING DEPARTMENT P.O. Box Route 311 Patterson, NY Sarah Mayes Mary Schartau Secretary Telephone (845) FAX (845) TOWN OF PATTERSON PLANNING & ZONING OFFICE May 17, 2017 Minutes Page 1 ZONING BOARD OF APPEALS Lars Olenius, Chairman Mary Bodor, Vice Chair Marianne Burdick Michael Carinha Stephanie Fox PLANNING BOARD Thomas E. McNulty, Chairman Ron Taylor, Vice Chair Michael Montesano Edward J. Brady, Jr. Robert F. Ladau Zoning Board of Appeals May 17, 2017 Meeting Minutes Held at the Patterson Town Hall 1142 Route 311 Patterson, NY Present were: Chairman Lars Olenius, Board Member Mary Bodor, Board Member Marianne Burdick, Board Member Michael Carinha, Board Member Stephanie Fox, and Nancy Tagliafierro Attorney with the Town Attorney s Office Mary Schartau was the secretary and transcribed the following minutes. There were approximately 12 audience members present. Chairman Olenius called the meeting to order at 7:00 p.m. 1. Robert Meyer Case #01-17 Special Use Permit: Accessory Apartment 200 Big Elm Road Tax Map Parcel # Robert Meyer was present to represent the application. Robert Meyer: Case #01-17 Special Use Permit & Area Variance: Accessory Apartment (Held over from the March 15, 2017 and April 19, 2017 meeting) Applicant is requesting a Special Use Permit for an accessory apartment pursuant to of the Patterson Town Code: Accessory apartments. Applicant is also requesting an area variance pursuant to A(3) of the Patterson Town Code: Accessory apartments. Code states that the floor area of the apartment shall be greater than 400 sq. ft. and less than 600 sq. ft.; Applicant s apartment will be 647sq. ft.;

2 May 17, 2017 Minutes Page 2 Variance requested is for 47 sq. ft. This property is located at 200 Big Elm Road (R-4 Zoning District). Chairman Olenius remained recused. Board Member Bodor explained that the case would need to be held over another month until the Planning Department was in receipt of a letter from the Putnam County Department of Health granting their approval for the project. 2. Joseph Tanzi Case #06-17 Special Use Permit Renewal: Accessory Apartment Case #07-17 Special Use Permit: Accessory Building Fair Street Tax Map Parcel # No one was present to represent the application. The Secretary read the following legal notices: Joseph Tanzi: Case #06-17 Special Use Permit Renewal: Accessory Apartment Applicant is requesting to renew the Special Use Permit for an existing accessory apartment pursuant to of the Patterson Town Code: Accessory apartments. This property is located at Fair Street (R-4 Zoning District). Joseph Tanzi: Case #07-17 Special Use Permit: Accessory Building Applicant is requesting a Special Use Permit to convert an existing 1,200 sq. ft. barn on the property into a three-bedroom, single family dwelling pursuant to of the Patterson Town Code: Accessory buildings. This property is located at Fair Street (R-4 Zoning District). Chairman Olenius explained that Mr. Tanzi had requested that the case be held over until the following month. 3. Andrew Pietris Case #09-17 Area Variances: Deck 25 Isabella Court Tax Map Parcel # Joseph Tanzi and Eileen Myers were present to represent the application. Andrew Pietris: Case #09-17 Area Variances: Deck (Held over from the April 19, 2017 meeting) Applicant is requesting an area variance pursuant to of the Patterson Town Code; Schedule of regulations, in order to construct an 800 sq. ft. attached deck on rear of the

3 May 17, 2017 Minutes Page 3 dwelling. Primary structures are required to meet a minimum side yard setback of 40 ; Applicant will have 8 ; Variance requested is for 32. Primary structures are also required to meet a minimum rear yard setback of 80 ; Applicant will have 2 ; Variance requested is for 78. This property is located at 25 Isabella Court (R-4 Zoning District). 4. Deborah Miele Case #10-17 Area Variance: Existing Shed 32 Lawrence Drive Tax Map Parcel # Deborah Miele was present to represent the application. Deborah Miele: Case #10-17 Area Variance: Existing Shed Applicant is requesting an area variance pursuant to A(12)(a) of the Patterson Town Code; Permitted accessory uses, in order to legalize an existing shed located in the front yard. Applicant s property exists on a corner lot; Town Code states that corner lots are deemed to have 2 front yards. Accessory structures may not be located in the front yard of a property; Applicant s shed exists in the front yard; Variance requested is to allow a shed to be located in the front yard of the property. This property is located at 32 Lawrence Drive (RPL-10 Zoning District). The Applicant explained that she is looking to operate a single-car taxi service, and that there will be no business signs outside of the dwelling. She confirmed that she has adequate off-street parking. Chairman Olenius made a motion to close the public hearing. Board Member Bodor seconded the motion. Motion passed by a vote of 5 0. Chairman Olenius made a motion to grant the request of Beatriz Morocho for a Special Use Permit to operate a single-car taxicab service out of her residence. Board Member Carinha seconded the motion. Motion passed by a vote of Andrew Pietris: Case #09-17 Area Variances: Deck 25 Isabella Court Tax Map Parcel # Andrew Pietris and John Lentini (architect) were present to represent the application. Clancy Properties, LLC: Case #11-17 Special Use Permit: Warehouse Applicant is requesting a special use permit pursuant to of the Patterson Town Code; Warehouses. Property is located at 2963 Route 22 (C-1 Zoning District). Mr. Lentini explained that the Applicant had retained his services after the application had been

4 May 17, 2017 Minutes Page 4 made to the Zoning Board; he submitted several renderings of the proposed deck and a plot plan to the Board Members for inclusion in the property file. Mr. Lentini stated that the property is challenged in that it has a very small backyard, and drops off rapidly at the stone wall, with a common area behind the house; he also confirmed that there is a vacant lot to the west. The proposed deck will start at the grade of the house, and extend to cover the rock wall, where it will end approximately 9 over the ground. Mr. Lentini stated that the hardship faced by the homeowner is how the addition of a deck to the home would affect the property value, with deck living now being a highly-desirable lifestyle; he also pointed to how the odd shape of the lot challenged the addition of any structure to the rear of the house. He stated that the look would conform to the aesthetics of the neighborhood, and he s looking to utilize it to enhance the owner s enjoyment of the common area; Mr. Pietris stated that he designed the deck in a way that he felt blended well with the surrounding greenery. Board Member Carinha asked what the common area consisted of; Mr. Pietris confirmed that it was composed of 80 acres of walking trails. Chairman Olenius confirmed that because of the size of the variances requested, he would prefer that the Board go out to walk the site; Mr. Pietris confirmed that the site had already been staked. Chairman Olenius made a motion to hold over the public hearing. Board Member Bodor seconded the motion. Motion passed by a vote of Other Business A. Lead Agency Notice Chairman Olenius made a motion to consent to the Planning Board s status as lead agency for the site plan and wetlands/watercourse permits applications for Clancy Properties at 2963 Route 22. Board Member Burdick seconded the motion. Motion passed by a vote of 5 0. B. Site Walks The Board scheduled a site walk for Case #09-17 for Monday, May 15, 2017 at 4:30 PM, with a rain date of Tuesday, May 16, 2017 at 4:30 PM. C. Minutes Chairman Olenius made a motion to approve the March 15, 2017 meeting minutes as submitted. Board Member Burdick seconded the motion. Motion passed by a vote of 5 0. D. Counsel Nancy Tagliafierro informed the Board that she was in receipt of a decision from the appellate division on the Article 78 filed by Mr. Tavano reversing the Supreme Court s finding and reinstating the Board s original determination that the 256 sq. ft. structure on Mr. Tavano s property at 17 Wesley Road was, in fact, not a boarding house. Chairman Olenius made a motion to adjourn. Board Member Carinha seconded the motion. Motion passed by a vote of 5 0.

5 Meeting adjourned at 8:00 PM. May 17, 2017 Minutes Page 5

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