Village of Greenwood Lake Zoning Board of Appeals

Meeting called to order at 7:33 on October 19th 2023

 

Members:

Diane Bramich

John Ziboro

Floyd DeAngelo

Vic Ludmere

John Sorrentino

Edward Krull

Bernie Fink (Absent)

Ed Mateo (Building Department)

Chad Sellier (Village Trustee) (Absent)

Danielle Mulqueen (Planning Secretary, Building Department)

 

Business:

Applicant: Jack Kowalczyk, 6 Van Orden Ln Greenwood Lake NY 10925 Eric Osborn: Architect who is speaking on Jack Kowalczyk behalf

Diane Bramich: Each case before this board is judged on its own merit based upon the evidence received by the board. No decision made by this board of appeals may be used as a precedent in this case or any other before the Board. Has everyone read the minutes from the last meeting?

All: Yes

Edward Krull: Motion to adopt.

Floyd DeAngelo: Second

Diane Barmich: All in favor?

All: Aye

Diane Bramich: Reading the Public Notice:

VILLAGE OF GREENWOOD LAKE ZONING BOARD OF APPEALS LEGAL NOTICE To Whom It May Concern: LEGAL NOTICE is hereby given to all persons that Jack Kowalczyk, the petitioner, has applied to the Zoning Board of Appeals of the Village of Greenwood Lake, for a Variance and/or Interpretation pursuant to Chapter 120-B, Section C, of the zoning laws of Greenwood Lake said petition for a variance and or and interpretation seeks authority for the petitioner to permit 2nd floor addition with existing non-conforming site yard and lot coverage which requires the said zoning board to review the section of the law as stated here and above. The property which is the subject of said action by the Board is identified as Section 318, Block 1, Lot 5 on the tax map of the Village of Greenwood Lake and is also known as the address 6 Van Orden Ln Greenwood Lake NY 10925. All interested parties to be heard on the Board’s actions must appear at a public hearing to be held commencing at 7:30 P.M. on October 19th, 2023, at the Village Hall at 18 Church Street in the Village of Greenwood Lake, New York. Documents relating to this application may be inspected by the public during regular business hours in the Building Department at Village Hall. Published 10/04 and 10/11

 

 

 

 

Diane Bramich: Please come on up and tell us what you would like to do.

Eric Osborn (Architect): Jack Kowalczyk is on a business trip, and I am the architect of, Eric Osborn Architect and have been retained by the applicant to speak on his behalf.

Diane Bramich: Ok, do you have the mailings?

Eric Osborn: Yes

Diane Bramich: Please explain what you want to do

Eric Osborn: The applicant came to me and wants to add a 2nd story to his existing house on the same footprint. He also wants to add a deck to the rear of the house. For them the house is a summer residence but would like to move here full time but need more space to do so. It’s an existing non-conforming lot and we are not increasing the side yards, the house meets the front and rear yard setbacks except with the deck, the proposed lower deck does not meet. The house addition itself is only add 6 feet more than the existing which is over an existing concrete porch so it’s really not too much more of an increase in the lot coverage however underneath the wood deck is all rock.

John Ziboro: Just to be clear there are 4 area variances they are requesting:

  1. The one side yard is 4.3 which is currently the same but since they are adding on to it they have to come here but we like to see 7.5 and also the total side yard
  2. The rear yard because of the deck it’s going to be 31.1 where we need 39
  3. The lot coverage instead of having 2,695 it will be 4,889 due to the deck and the front of the house with the porch

Diane Bramich: The dwelling itself won’t be changing, it’s only going straight up correct?

Eric Osborn: Yes, straight up

Edward Krull: Is it all ledge where the deck is going?

Eric Osborn: Correct

Diane Bramich: Does the board have any more questions?

None

Diane Bramich: I would like to open this up to the public, I received a letter I received from Janet and Lior Hod:

” To whom it may concern, we received a legal notice that our neighbor Jack Kowalczyk at 6 Van Orden Ln applied to the zoning board appeals of Greenwood Lake for a variance for existing non-conforming side yard, total side yard, lot coverage and rear yard. Mr. Kowalczyk is a wonderful neighbor, cares for his property and out village and we fully support his petition and the planned work on his property. Sincerely yours, Janet and Lior Hod, 11 Van Orden Ln.”

Diane Bramich: Is there anyone else from the public that would like to speak on this property and this property only?

Andrew Baker and Denise Baker (2 Van Orden Ln): We are 2 houses down and we fully support his plans.

Diane Bramich: Motion to close public hearing

Edward Krull: Motion to close

Vic Ludmere: Second

All: Aye

John Ziboro: Ok I am now going to go through the criteria for voting on whether or not you will be granted the variances.

Will the granting of this application create an undesirable change in the character of the neighborhood?

All: No

John Ziboro: Can this benefit be solved by the application by any other merit method other than an area variance?

All: No

John Ziboro: Is the requested variance substantial?

All: Yes

John Ziboro: will the variance create an adverse effect impact on the physical environment and conditions of the neighborhood?

All: No

John Ziboro: Is the variance self-created? However, this is not precluding the granting of this variance.

All: Yes

John Ziboro: All in Favor?

All: Aye

John Ziboro: Any opposed?

None

 

Discussion regarding the correct procedure for SECRA Review regarding he last meeting on 08/17 for Benjamin’s Steakhouse and the variances that were voted on – whether the board was legally able to vote on the variances.

 

John Ziboro:  The one area variance for the depth of the rear yard does NOT need SECRA review in order to grant that variance. The variance for the 2nd story, because it is a commercial building, does need SECRA review. Now we can’t do the SECRA review because the planning board took lead agency which makes this a bit complicated to work out. The way I have come up to solve this problem is to ask Benjamin Steakhouse to come back to the ZBA board and we are going to make the variance for the height of the 2nd story subject to approval of the planning boards SECRA process. This way if the planning board doesn’t grant the SECRA process then they can’t do the 2nd story. We’re not allowed to make action on something that has to go through SECRA review. If it was a house, we wouldn’t have to do this but because it is a commercial building, the rules are different. I read all the SECRA rules and there is one sentence that states, “a board shall not take any action until SECRA review has been approved”. So, if we have another ZBA meeting with Benjamin Steakhouse and make the rule for the 2nd story variance subject to approval per the planning boards SECRA review that will cover us in just in case there is a lawsuit, I will take care and put out the public notices and put this on the agenda with Benjamin Steakhouse for the next meeting on November 16th 2023.

 

All Board members agreed to this approach

 

Diane Bramich: Motion to Adjourn

Edward Krull: Motion to close

Floyd DeAngelo: Second

Diane Bramich: All in favor

All: Aye