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Miscommunication & Impatience - not a good mix

  • wagmanml
  • Jul 31, 2024
  • 3 min read

The July 23rd Zoning Board Meeting could be used as an example of how miscommunication/misunderstandings - whether accidental or deliberate - can lead to confusion, bruised feelings and irritatable feelings. Throw in a bit of impatience on everyones' part (understandable - spending summer evenings in the town board meeting room - and on the applicants' part -- time is money and stress) and it doesn't lead to smooth proceedings. Hint to the building deparment and board members -- the processess and terms you are immersed in on a daily basis -- are NOT common knoweldge. Clear explanations accompanied by reasoning/logic for the required steps would go a long way. Some of the interchanges during this meeting seemed like of a riff of Who's on First - https://www.youtube.com/watch?v=sShMA85pv8M.


First up was Public Hearing for a property on Stonykill Road where setback variances to the side property lines and front yard lines are requested to replaced a current home with a new single family home on .30 acres. The Board visted the previous Saturday and found that the surveyor's markings were not clear. They were unable to discern the right side property line and one pin appeared to be on a neighbor's driveway. There was also some concern about the new placement of a garden shed (the applicant had discussed with the board during their previous visit). So.... while the motions of a public hearing (asking if anyone wanted had any comments) were held... A new site visit was scheduled on August 24 and the public hearing was adjourned to August 27. Not sure why the applicant wasn't at the original site visit, but a heads up regarding the confusion about property lines via a phone call seems it would have been helpful, and perhaps the surveyor could have provided some insight. Now everyone waits.


Then an applicant who wishes to convert his garage to an accessory apartment for his mother and adding a 2 car garage on 15.74 acres on Widmer Road. The dilemma for which he is requesting a variance is the town's prohibition against having 2 front doors -- alternatives, given the design of his property would be awkward. The board will do a site visit on August 24 and a public hearing on August 27.


An applicant who thought he had an approved variance for a new front porch on a property on Spook Hill Road was asked to come before the planning board again because the building department does not agree with the measurements. So the applicant is requesting a variance of 23.3 feet to a front yard property line. The applicant explained that the videos of the zoning board meetings of Deceber 2022 and January 2023 is the understanding that he had about the squaring off of the house and the measurements of the then proposed front porch. The exchange was tense, but not on the part of the applicant. The applicant also requested information about obtaining a certificate of occupancy for the house. Which on the surface, to those who are not steeped in Zoning Nomenclature/Processes, is a logical question -- COs are not in the purview of the Zoning Board of Appeals -- but the explanation was unsatisfactory and tortured.


An Applicant representing two adjacent properties on New Hackensack Road is requesting a variance for 7 foot fence and a 6 foot gate - where no fencing or columns are to be over 4 feet in height. Unfortunately the applicant will be traveling August 24 (the time of the site visits). The resolution of scheduling a September 7 site visit took extraordinarily long time, but with good humor.


Then an applicant on Martin Drive presented a request for a variance of 12 feet to a side yard for a 10' x 16' shed. The unfortunate wrinkle in this case is when the shed was installed a former employee of the buidling department said it was fine - no variance/building permit would be required. Turns out that it did... and since the shed was installed, the zoning code was changed requiring more of a setback. If the building permit had been obtained originally, the shed would have been "grandfathered" in. So ... in a very loving effort to prevent her children from having to deal with it at a later date, she is going through this process now -- a Site visit scheduled for August 24 - August 27 public hearing.


Before the Zoning Board Meeting, the Planning Board met to discuss the proposed Zoning Code changes in proposed Local Laws #2 and 3. The Zoning Board had requested to participate in this meeting or having their own meeting. However, the ZBA is a quasi-judicial board, which interprets the code and provides relief/variances to those requesting it - so must maintain a distance from the legislative branch discussions about those laws/codes.







 
 
 

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