1 1 2 STATE OF NEW YORK : COUNTY OF ULSTER TOWN OF MARLBOROUGH ZONING BOARD 3 -------------------------------------------X 4 In the Matter of 5 KATHLEEN HART 6 162 Old Indian Road, Milton, New York 12547 7 -------------------------------------------X WORKSHOP MEETING CONCERNING A PROPERTY LOT 8 LINE REVISION 9 10 DATE: January 14, 2021 11 TIME: 7:00 P.M. 12 PLACE: Town of Marlborough Town Hall 13 #21 Milton Turnpike Milton, New York 12547 14 BOARD MEMBERS: WILLIAM GIAMETTA, CHAIRMAN 15 LENNY CONN JEFF MEKEEL 16 DAVE ZAMBITO GEORGE SALINOVICH 17 18 ALSO PRESENT: KATHLEEN HART JAMES HART 19 PENNY E. CASHMAN, Zoning Board Secretary 20 21 22 23 -------------------------------------------X LISA MARIE ROSSO 24 140 Mahoney Road Milton, New York 12547 25 (845) 674-3937 2 1 WORKSHOP - HART 2 CHAIRMAN GIAMETTA: May I ask you 3 all to face the flag for the pledge. 4 (Pledge of Allegiance) 5 CHAIRMAN GIAMETTA: Thank you. 6 Welcome to the January 14th, 2021 7 meeting of the Town of Marlborough 8 Zoning Board of Appeals. We had some 9 minutes from last month, December, and 10 Members, have you had a chance to 11 review them? If so, any concerns or 12 changes to them? 13 MR. ZAMBITO: No. 14 MR. SALINOVICH: No. 15 MR. CONN: No. 16 MR. MEKEEL: No. 17 CHAIRMAN GIAMETTA: I'd ask for a 18 motion for approval of those minutes. 19 MR. CONN: I will make a motion. 20 CHAIRMAN GIAMETTA: And a second? 21 MR. SALINOVICH: Second. 22 MR. ZAMBITO: I will second. 23 CHAIRMAN GIAMETTA: All in favor? 24 MR. MEKEEL: Aye. 25 MR. SALINOVICH: Aye. LISA MARIE ROSSO - (845) 674-3937 3 1 WORKSHOP - HART 2 MR. CONN: Aye. 3 MR. ZAMBITO: Aye. 4 CHAIRMAN GIAMETTA: Thank you very 5 much. I believe we have one item on 6 the agenda this evening, and it's a 7 workshop concerning a property lot line 8 revision, and the applicants are here. 9 Without further ado, if you would 10 kindly summarize your efforts once 11 again, please. 12 MR. HART: Sure. So we -- my name 13 is James Hart. We are looking to move 14 a partial lot line on our southern 15 boundary, approximately 16 feet before 16 it starts, to merge into the flag lot 17 boundary, and we are doing that to 18 bring our front setback into compliance 19 with the 50 foot requirement. So, 20 right now that is about 34 -- about 34 21 feet setback, and we want to move it 16 22 feet to put us in compliance with the 23 50-foot setback. We had the surveyor 24 resurvey the property, actually drawing 25 up new maps, reflecting the 16-foot LISA MARIE ROSSO - (845) 674-3937 4 1 WORKSHOP - HART 2 change to the lot line, and it pushes 3 it out to 50.23 at the closest, I 4 guess, border to the house. So, that 5 16-foot addition will get us into that 6 50-foot setback. 7 CHAIRMAN GIAMETTA: I see. Have 8 you submitted a copy of that map to the 9 building department? 10 MR. HART: Yes. 11 CHAIRMAN GIAMETTA: Do we have a 12 copy to take a look at, please, Ms. 13 Cashman? 14 MS. CASHMAN: Yes, (handing). 15 CHAIRMAN GIAMETTA: There is 75 -- 16 the front yard? 17 MR. SALINOVICH: No, 50. 18 MR. HART: The rear is 75 and the 19 front is 50. 20 CHAIRMAN GIAMETTA: The rear is 21 75? 22 MR. SALINOVICH: Yes. This was 23 75. 24 MR. MEKEEL: Right. It was 25 already nonconforming so, yes. LISA MARIE ROSSO - (845) 674-3937 5 1 WORKSHOP - HART 2 CHAIRMAN GIAMETTA: So the front 3 yard both parcels are compliant; is 4 that accurate to say? 5 MR. ZAMBITO: No. Their lot is 6 nonconforming, their lot continues to 7 be nonconforming. So we're taking two 8 nonconforming lots and making one 9 conforming. 10 CHAIRMAN GIAMETTA: Exactly. 11 MR. HART: Right. 12 CHAIRMAN GIAMETTA: But I'm just 13 going over these setbacks for a moment. 14 MR. HART: So, on the third lot, 15 the front setback is 75.7, so that -- 16 the front setback is conforming on 17 that, but the rear setback is not. 18 CHAIRMAN GIAMETTA: Right. 19 MR. MEKEEL: And the rear was 20 never. 21 MR. HART: And it never was. 22 CHAIRMAN GIAMETTA: Right. But 23 the rear lot, the uppermost is now in 24 conformance; correct? 25 MR. HART: Correct. LISA MARIE ROSSO - (845) 674-3937 6 1 WORKSHOP - HART 2 MR. MEKEEL: The rear house is a 3 hundred percent. 4 CHAIRMAN GIAMETTA: Prior to that, 5 were they both out of conformance? 6 MR. MEKEEL: That's correct. 7 CHAIRMAN GIAMETTA: Okay. So 8 we're improving the situation? 9 MR. MEKEEL: Yes. 10 CHAIRMAN GIAMETTA: Okay. Now, so 11 far as a variance to consider, would we 12 be addressing that central lot with a 13 variance at this point? 14 MR. MEKEEL: No, it all was 15 nonconforming. 16 MR. ZAMBITO: We're not changing 17 the nonconformance. The lot remains 18 the same. We're taking that lot and 19 making it more conforming, or in 20 conformance now. We eliminated one 21 nonconforming lot. 22 CHAIRMAN GIAMETTA: So, they're 23 going to be coming for a public 24 hearing; correct? What is the matter 25 of the public hearing? LISA MARIE ROSSO - (845) 674-3937 7 1 WORKSHOP - HART 2 MR. MEKEEL: I don't think it's 3 required to go for public hearing since 4 it's conforming. 5 MR. ZAMBITO: That was going to be 6 my question. 7 CHAIRMAN GIAMETTA: That is why 8 I'm bringing it up. 9 MR. CONN: I don't think so, not 10 for a lot line revision. 11 MR. SALINOVICH: Nobody has to 12 give permission, but us saying we 13 accept it. 14 CHAIRMAN GIAMETTA: So, in other 15 words, by moving that lot to where they 16 moved it, they put the lots in 17 conformance. 18 MR. SALINOVICH: Same thing as the 19 other lady. 20 MR. ZAMBITO: We're taking two 21 nonconforming lots and making them one 22 conforming. It's better. 23 CHAIRMAN GIAMETTA: Okay. Do they 24 need to request a variance of any sort? 25 MR. CONN: No. Just a lot line LISA MARIE ROSSO - (845) 674-3937 8 1 WORKSHOP - HART 2 revision. 3 MR. MEKEEL: Just a lot line 4 revision. 5 CHAIRMAN GIAMETTA: So this is a 6 workshop. We considered your effort 7 and we approve of it. It seems as 8 there is no further action as needed; 9 correct? 10 MR. ZAMBITO: No, I don't think 11 so. 12 MS. CASHMAN: Send them back to 13 planning board; right? 14 CHAIRMAN GIAMETTA: We don't need 15 a vote or anything? 16 MR. SALINOVICH: No, they cleaned 17 it up. 18 CHAIRMAN GIAMETTA: Do they need 19 to come back? 20 MR. SALINOVICH: No. 21 CHAIRMAN GIAMETTA: Okay. 22 MS. CASHMAN: So then you're going 23 to send them back to planning board 24 then, approve them to go to planning 25 board for the lot line? LISA MARIE ROSSO - (845) 674-3937 9 1 WORKSHOP - HART 2 CHAIRMAN GIAMETTA: Yes. In lieu 3 of the efforts made, you have gained 4 compliance, which permits you to go to 5 the Planning Board, the Town of 6 Marlborough, to finalize your survey. 7 MR. HART: Okay. 8 CHAIRMAN GIAMETTA: And your 9 subdivision. 10 MS. HART: Okay. Thank you. 11 CHAIRMAN GIAMETTA: There is no 12 further action needed to this Zoning 13 Board of Appeals. 14 MS. HART: Okay. Thank you. 15 CHAIRMAN GIAMETTA: We thank you 16 for your efforts. 17 MR. HART: Thank you very much. 18 CHAIRMAN GIAMETTA: And good luck 19 to you. Anything else? We're good to 20 close the meeting? 21 MR. ZAMBITO: I will make a motion 22 to adjourn. 23 MR. MEKEEL: I will second. 24 CHAIRMAN GIAMETTA: All in favor? 25 MR. ZAMBITO: Aye. LISA MARIE ROSSO - (845) 674-3937 10 1 2 MR. MEKEEL: Aye. 3 MR. CONN: Aye. 4 MR. SALINOVICH: Aye. 5 (Whereupon, at 7:09 P.M., the 6 Hearing was concluded.) 7 8 ° ° ° ° 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LISA MARIE ROSSO - (845) 674-3937 11 1 2 3 C E R T I F I C A T E 4 5 STATE OF NEW YORK ) : SS.: 6 COUNTY OF ULSTER ) 7 8 I, LISA M. ROSSO, a Notary Public for 9 and within the State of New York, do hereby 10 certify: 11 That the witness whose examination is 12 hereinbefore set forth was duly sworn and 13 that such examination is a true record of 14 the testimony given by that witness. 15 I further certify that I am not related 16 to any of the parties to this action by 17 blood or by marriage and that I am in no way 18 interested in the outcome of this matter. 19 IN WITNESS WHEREOF, I have hereunto set 20 my hand this 28th day of January 2021. 21 22 ___________________________ 23 LISA M. ROSSO 24 25 LISA MARIE ROSSO - (845) 674-3937