1 1 2 STATE OF NEW YORK : COUNTY OF ULSTER 3 TOWN OF MARLBOROUGH ZONING BOARD -------------------------------------------X 4 5 In the Matter of 6 NICHOLAS GALELLA 7 17 Sunrise Drive, Milton, New York 12547 8 -------------------------------------------X WORKSHOP MEETING FOR A FRONT YARD AREA 9 VARIANCE REQUEST TO INSTALL GROUND MOUNT SOLAR PANELS 10 11 DATE: April 8, 2021 12 TIME: 7:00 P.M. 13 PLACE: Town of Marlborough Town Hall 14 #21 Milton Turnpike Milton, New York 12547 15 BOARD MEMBERS: WILLIAM GIAMETTA, CHAIRMAN 16 LENNY CONN JEFF MEKEEL 17 DAVE ZAMBITO GEORGE SALINOVICH, Absent 18 19 ALSO PRESENT: NICHOLAS GALELLA 20 PENNY E. CASHMAN, Zoning Board Secretary 21 22 23 -------------------------------------------X 24 LISA MARIE ROSSO 140 Mahoney Road 25 Milton, New York 12547 (845) 674-3937 LISA MARIE ROSSO - (845) 674-3937 2 1 WORKSHOP - GALELLA 2 CHAIRMAN GIAMETTA: Welcome to the 3 April 8, 2021 Zoning Board of Appeals 4 for the Town of Marlborough. Please 5 join me for the pledge to the flag. 6 (Pledge of Allegiance) 7 CHAIRMAN GIAMETTA: Thank you very 8 much. Welcome all. We're going to 9 have three matters on the agenda this 10 evening. Prior to that, our last 11 meeting was in January; is that 12 correct, Ms. Cashman? 13 MS. CASHMAN: Yes, January 14th. 14 CHAIRMAN GIAMETTA: Okay. Board 15 members, have you had a chance to 16 review the minutes? And if so, is 17 there any changes to them? 18 MR. MEKEEL: I have none. I make 19 a motion to accept the minutes from 20 January 14th. 21 MR. ZAMBITO: I will second. 22 CHAIRMAN GIAMETTA: All in favor? 23 MR. CONN: Aye. 24 MR. ZAMBITO: Aye. 25 MR. MEKEEL: Aye. LISA MARIE ROSSO - (845) 674-3937 3 1 WORKSHOP - GALELLA 2 CHAIRMAN GIAMETTA: And aye. 3 Minutes are approved. Thank you very 4 much. Without further ado, I will call 5 Mr. Nicholas Galella to describe his 6 efforts for his meeting here tonight. 7 Are you Mr. Galella? 8 MR. GALELLA: Yes. 9 CHAIRMAN GIAMETTA: Okay. Loud 10 and clear please, the court reporter is 11 here. 12 MR. GALELLA: Sure. So, I had 13 solar panels installed on my property 14 in my personal residence, and I had 15 hired an installer to do the layout, 16 and I guess it was a miscommunication 17 along the way. He had an application 18 to submit to the building department, 19 and along the way, he had changed the 20 design to use the screw post, and that 21 took months to get this part for his 22 machine. And in that period of time we 23 began the layout, and prior to the 24 building permit being issued. So, the 25 layout is such a way, my house is 300 LISA MARIE ROSSO - (845) 674-3937 4 1 WORKSHOP - GALELLA 2 feet from a private road on Sunrise 3 Drive, and it's an Ag exempt area, and 4 we just kind of picked a spot thinking 5 it wasn't going to be an issue. But, 6 apparently, we cannot have panels in 7 front of the front line of the home, so 8 that's where they are. I'm asking for 9 variances to keep the panels where they 10 are, based on -- they are in my 11 neighbor's back yard. So if my house 12 was in line with their house, they 13 would be in the same spot they are now, 14 but since my house is further back, 15 it's kind of like they're in my front 16 yard but still in their back yard. And 17 without moving them at this point, 18 because they are -- they're fully 19 functional, they were only 90 percent 20 finished by the time the permit came 21 and Tommy said you can't have them in 22 that location. 23 MR. MEKEEL: So, why did you start 24 installing before the permit was 25 issued? LISA MARIE ROSSO - (845) 674-3937 5 1 WORKSHOP - GALELLA 2 MR. GALELLA: It was a matter of, 3 I thought he was -- prepared the 4 application. And normally I would do 5 that, but since I gave out and hired an 6 installer, I actually thought it was 7 taken care of. 8 MR. CONN: How big is your 9 property size, how many acers? 10 MR. GALELLA: I have 20 acres. 11 MR. MEKEEL: What's your plan for 12 the 20 acres, are you going to 13 subdivide it? 14 MR. GALELLA: No, it's an orchard. 15 MR. MEKEEL: But you can subdivide 16 it? 17 MR. GALELLA: Not any further 18 because I'm on a private road. I maxed 19 out the limits on the road itself. I 20 had spoken to my neighbors as well, so 21 they're aware of it. 22 CHAIRMAN GIAMETTA: Ms. Cashman, 23 do we have a map to have a look at it, 24 please. 25 MS. CASHMAN: (Handing) LISA MARIE ROSSO - (845) 674-3937 6 1 WORKSHOP - GALELLA 2 MR. GALELLA: You guys have the 3 ariel photo, like the map photo of it? 4 MR. MEKEEL: Is there a reason why 5 you chose that location to put the 6 panels? I mean, you have a lot of 7 property in the back. Is there a 8 reason why you didn't put it in the 9 back? 10 MR. GALELLA: Well, to face them 11 south, for one reason. And then it's, 12 I guess it's an optimal place, it 13 reduces any kind of shading. There is 14 a garage on the side of the property as 15 well, so we kind of put them in the 16 front to catch that late afternoon sun 17 and keep them -- I guess that's in the 18 best spot possible. But the only spot 19 that would make sense would put them on 20 the opposite side of the garage that 21 you see there along that property line. 22 CHAIRMAN GIAMETTA: Which would be 23 the rear of your house? 24 MR. GALELLA: That would have been 25 the backside, yeah. I mean, I was LISA MARIE ROSSO - (845) 674-3937 7 1 WORKSHOP - GALELLA 2 actually looking to put up a pole barn 3 at one time. But now knowing this, I 4 can't do it. And the majority of my 5 property is in the front of my house. 6 You really can't put up anything beyond 7 the front of the house, which is kind 8 of limited I thought. 9 CHAIRMAN GIAMETTA: Had you known 10 about the front yard concern, you would 11 have put it in the back; is that 12 correct? 13 MR. GALELLA: Probably, yes. 14 MR. MEKEEL: Is this your house? 15 MR. GALELLA: It's my house. From 16 the road you can't -- it's shaded. I 17 mean, it's really far back. I'm on a 18 cul de sac. There is nobody to the 19 south of me, and there is two homes to 20 the north. 21 MR. CONN: My main problem is that 22 regardless of who you hired, it's your 23 responsibility. You put an accessory 24 structure in the front yard, which you 25 can't do. And number two, they put it LISA MARIE ROSSO - (845) 674-3937 8 1 WORKSHOP - GALELLA 2 in without ever getting a building 3 permit. My second argument to that is 4 it's not like this is a one-and-a-half 5 acre lot, it's 20 acres. So to say it 6 can only go here, or the best position 7 is here, I think there is probably 8 other options on 20 acres that you 9 could have put a set of solar panels in 10 the ground. But my number one, 11 regardless of who put it in, you hired 12 them, you're responsible for them, and 13 they put it in without a building 14 permit. 15 MR. GALELLA: Right. 16 MR. CONN: So now we're asking for 17 forgiveness, instead of permission. 18 MR. GALELLA: In a sense. 19 MR. CONN: And that's not how I do 20 things on the board, and I will let 21 others speak for themselves. 22 MR. GALELLA: I see your point, 23 and if it could be done again, it would 24 absolutely be done differently. But if 25 you see the setup of my home, like I LISA MARIE ROSSO - (845) 674-3937 9 1 WORKSHOP - GALELLA 2 said, the majority of my property is in 3 front of my house. So, nothing can be 4 put there. And then the orchard and 5 the agriculture use is kind of limited 6 to a certain amount of space. So it's 7 either on the west side of the garage 8 or on the backside of which would have 9 been on the backside of my home, and we 10 kind of picked that spot, and I just 11 assumed that having an Ag exempt on a 12 private road, it wouldn't have been an 13 issue, and I actually thought he was 14 taking care of the permit. So that and 15 the duration of we're in the middle of 16 when COVID hit as well, not to use that 17 as an excuse, it kind of drew out and 18 kind of lost track of the timeline. 19 And then when you showed up at the 20 park, we just went ahead and did it, 21 and never had the permit fully 22 executed. And it's just where I am 23 now, and that is the reason why, you 24 know, if it can be done, I'd like to 25 leave them where they are. LISA MARIE ROSSO - (845) 674-3937 10 1 WORKSHOP - GALELLA 2 MR. MEKEEL: I mean, is there any 3 reason why they wouldn't have chosen 4 them on the other side in the back 5 yard? 6 MR. GALELLA: It would have been 7 shaded by part of the garage that we 8 see to the north. And then the 9 property drops down, I think there is 10 topo on there. It starts to drop down 11 kind of quickly there. So, that's -- 12 in the front of the yard is a little 13 more level. 14 CHAIRMAN GIAMETTA: Off the 15 record. 16 (Whereupon, an off-the-record 17 discussion was held.) 18 CHAIRMAN GIAMETTA: After 19 reviewing the matters before the board, 20 we feel in alternative, rather than 21 proceeding with the case or rejecting 22 it completely would be to perform a 23 field visit with your permission? Is 24 that all right? 25 MR. GALELLA: Absolutely. LISA MARIE ROSSO - (845) 674-3937 11 1 WORKSHOP - GALELLA 2 CHAIRMAN GIAMETTA: Okay. The 3 board members will get together and be 4 in touch with you for that visit. 5 MR. GALELLA: Sure. 6 CHAIRMAN GIAMETTA: And then we 7 will see if there is any way to 8 entertain your request or not. 9 MR. GALELLA: Okay. 10 CHAIRMAN GIAMETTA: Having said 11 that, we will conclude item number one, 12 and we will move on to the next item. 13 Thank you, Mr. Galella. We will be in 14 touch. 15 16 (Whereupon, at 7:15 17 P.M., the Hearing was concluded.) 18 19 ° ° ° ° 20 21 22 23 24 25 LISA MARIE ROSSO - (845) 674-3937 12 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF ULSTER ) 6 7 I, LISA ROSSO, a Notary Public for and 8 within the State of New York, do hereby 9 certify: 10 That the witness whose examination is 11 hereinbefore set forth was duly sworn and 12 that such examination is a true record of 13 the testimony given by that witness. 14 I further certify that I am not related 15 to any of the parties to this action by 16 blood or by marriage and that I am in no way 17 interested in the outcome of this matter. 18 IN WITNESS WHEREOF, I have hereunto set 19 my hand this 19th day of April 2021. 20 21 ___________________________ 22 LISA M. ROSSO 23 24 25 LISA MARIE ROSSO - (845) 674-3937 1 2 STATE OF NEW YORK : COUNTY OF ULSTER 3 TOWN OF MARLBOROUGH ZONING BOARD -------------------------------------------X 4 5 In the Matter of 6 MICHAEL GWILLIAM 7 512 Milton Turnpike, Milton, New York 12547 8 -------------------------------------------X WORKSHOP MEETING FOR A FRONT YARD AREA 9 VARIANCE REQUEST FOR AN EXISTING ACCESSORY STRUCTURE 10 11 DATE: April 8, 2021 12 TIME: 7:16 P.M. 13 PLACE: Town of Marlborough Town Hall 14 #21 Milton Turnpike Milton, New York 12547 15 BOARD MEMBERS: WILLIAM GIAMETTA, CHAIRMAN 16 LENNY CONN JEFF MEKEEL 17 DAVE ZAMBITO GEORGE SALINOVICH, Absent 18 19 ALSO PRESENT: MICHAEL GWILLIAM RAYMOND WELCH 20 PENNY E. CASHMAN, Zoning Board Secretary 21 22 23 -------------------------------------------X LISA MARIE ROSSO 24 140 Mahoney Road Milton, New York 12547 25 (845) 674-3937 2 1 WORKSHOP - GWILLIAM 2 CHAIRMAN GIAMETTA: The second 3 matter on our agenda tonight is Mr. 4 Michael Gwilliam. Mr. Gwilliam, if 5 you're presenting, please tell us about 6 what you wish to do or have to do in 7 your opinion. 8 MR. GWILLIAM: Sure. I'm Michael 9 Gwilliam, but my co-owner is Ray Welch. 10 He is going to speak. We own the 11 property jointly together. 12 CHAIRMAN GIAMETTA: One of you 13 speak loud and clear, and tell us 14 what's happening. 15 MR. WELCH: I will do my best. 16 So, I am Ray Welch. I'm a co-owner of 17 512 Milton Turnpike. It's the old 18 Mackey Farm on the corner of Milton 19 Turnpike and Conklin Ohara Road. We 20 owned the property for four years. We 21 got a permit to build a new home on the 22 property. It's located somewhat behind 23 the existing structure, which is right 24 on Milton Turnpike, a little further up 25 the field. At the time that we applied 3 1 WORKSHOP - GWILLIAM 2 for the building permit for the new 3 structure, we learned that we could not 4 have two dwellings on the parcel. It's 5 a 67-parcel not two dwellings. So, at 6 that time of applying for the permit, 7 we completed the permit to demolish the 8 existing structure, which dates to 1794 9 is my understanding. We shared that 10 news with our neighbors. We know all 11 of the surrounding neighbors, and we 12 learned of really their disappointment 13 in losing the old structure. We 14 understood that, and in talking to 15 them, we learned that one possibility 16 would be to convert the old 1790 17 farmhouse to an accessory structure. 18 CHAIRMAN GIAMETTA: Let me 19 interrupt you for a moment. 20 MR. WELCH: Sure. 21 CHAIRMAN GIAMETTA: Do we have 22 that map present, Ms. Cashman? I know 23 it's on-line. 24 MR. CONN: You know where it is, 25 it's the old Mackey house. 4 1 WORKSHOP - GWILLIAM 2 CHAIRMAN GIAMETTA: I saw your 3 application on-line on the computer 4 screen, but I will have a look at it on 5 paper. 6 MR. WELCH: Sure. 7 CHAIRMAN GIAMETTA: Let us 8 familiarize ourselves with it. And 9 what it appears to be is two structures 10 on one parcel. 11 MR. WELCH: I am sorry, I missed 12 that first part. 13 CHAIRMAN GIAMETTA: It appears to 14 be two structures on one parcel; is 15 that correct? 16 MR. WELCH: Yes. 17 CHAIRMAN GIAMETTA: Okay. 18 MR. WELCH: Well, two dwellings, 19 two homes. 20 CHAIRMAN GIAMETTA: Two dwellings? 21 MR. WELCH: Yes. 22 CHAIRMAN GIAMETTA: The existing 23 dwelling is up near the roadway? 24 MR. WELCH: I'm really sorry. I'm 25 just having a hard time hearing you. 5 1 WORKSHOP - GWILLIAM 2 CHAIRMAN GIAMETTA: The existing 3 dwelling is at the roadway; correct? 4 MR. WELCH: The original dwelling? 5 CHAIRMAN GIAMETTA: Yes. The 6 original dwelling is -- it's old. So 7 it's like 20 feet from Milton Turnpike. 8 MR. ZAMBITO: You want to build a 9 home behind it? 10 MR. WELCH: We are building a 11 home. We got a building permit. So 12 the new structure is actually framed. 13 MR. GWILLIAM: It's set back like 14 a hundred feet. 15 MR. WELCH: Yeah. 16 MR. ZAMBITO: On the map it says 17 proposed two-bedroom house. 18 MR. MEKEEL: So you want to make 19 the existing house an accessory 20 structure? 21 MR. WELCH: Exactly. 22 MR. MEKEEL: What are you going to 23 do with that? 24 MR. WELCH: We will use it as 25 storage. We're hoping to do more 6 1 WORKSHOP - GWILLIAM 2 beekeeping, so some beekeeping 3 equipment. 4 MR. MEKEEL: So you're not using 5 it for residential? 6 MR. WELCH: No. It's to be -- no. 7 MR. GWILLIAM: It's mostly -- it's 8 a very old structure, and we want like 9 to preserve it if possible. 10 MR. CONN: But to be clear, you 11 had a demo permit to take it down. 12 MR. WELCH: Yes. 13 MR. CONN: And now you're changing 14 lanes now because the Mackey family 15 would like to keep it, if possible. 16 MR. WELCH: I don't want to limit 17 this to the Mackey family. Members of 18 the Mackey family do live all around 19 us, but it's broader than that. Like 20 all of our neighbors talked about this. 21 MR. ZAMBITO: Because it's 22 historic. Can you get a listing of it 23 as being historical? 24 MR. WELCH: I don't know. I don't 25 remember. It is over 200 years old 7 1 WORKSHOP - GWILLIAM 2 we're told. 3 MR. GWILLIAM: At one point it was 4 the assessor's office, or part of it. 5 MR. MEKEEL: Oh, really? 6 MR. WELCH: Yeah, we learned that. 7 There was an addition on the house 8 that's paneled and we learned that is 9 where all of that work was done. 10 MR. ZAMBITO: It was what again? 11 MR. GWILLIAM: The assessor's 12 office. We think it was added some 13 time in 1800s, late 1800s. 14 MR. WELCH: The assessor did -- I 15 guess he must've been a Mackey -- the 16 assessor was a Mackey, and he just ran 17 it out of his house. But we don't want 18 to put money into the house. 19 MR. ZAMBITO: I think we're all in 20 favor of keeping something historical. 21 It will be a lot easier for us to make 22 this decision if it was actually listed 23 as a historical house. That would 24 change the whole thing where we could 25 just grant you variance with no 8 1 WORKSHOP - GWILLIAM 2 problem. 3 MR. CONN: Have you spoken with 4 Mr. Schroeder, Tom Schroeder? 5 MR. WELCH: So, I will outline the 6 rest of the process. So we got the 7 feedback from the neighbors, we learned 8 about this aspect of creating an 9 accessory building. We talked to Tom, 10 I met with him and he said that seems 11 reasonable, but the real variance we're 12 seeking is, because we learned 13 subsequently that where the new house 14 is in relation to the turnpike, which 15 is a county road, that despite the fact 16 that the house is set back and actually 17 has a driveway entrance from Ohara 18 Road, given I guess how you folks 19 define front yards. 20 MR. ZAMBITO: Front yard would be 21 on a county road. 22 MR. WELCH: So we learned that 23 subsequently and Tom said this makes 24 sense. However, you can't have it in 25 the front yard by the current 9 1 WORKSHOP - GWILLIAM 2 regulations, so that's the variance 3 that we seek is to have it in the front 4 yard. 5 MR. GWILLIAM: And our address has 6 been changed to 19 Ohara Road. 7 CHAIRMAN GIAMETTA: Off the 8 record. 9 (Whereupon, an off-the-record 10 discussion was held.) 11 MR. CONN: Tom Schroeder is, I 12 believe he is the chairperson of the 13 town historical society and Tom 14 Corcoran may have his number. 15 MR. ZAMBITO: I have his number. 16 MR. CONN: If we can get some 17 documentation from him, that would 18 help. 19 MR. WELCH: Help you what; 20 understand the historical nature of the 21 house? 22 MR. CONN: Help us to help you. 23 So we're not, I mean allowing an 24 accessory structure in the front yard. 25 It all comes down to precedence later 10 1 WORKSHOP - GWILLIAM 2 on, and somebody else may want the same 3 thing, and why did you allow it this 4 time, and you're having a problem with 5 what I want to do. 6 MR. WELCH: Sure. 7 MR. CONN: So we're always looking 8 at precedence. So, if we have letters 9 from the family wanting it, and what 10 date that it dates back to. 11 MR. WELCH: Actually, everyone 12 said they are willing to do that. We 13 thought this was not the time for that. 14 MR. CONN: If we have any 15 documentation from the former 16 assessor's office. 17 MR. WELCH: Letters of support, 18 which we can get. I am sorry, what was 19 the second thing? 20 MR. CONN: Anything that documents 21 the date. Like you said, the former 22 assessor's office and the age, and then 23 Tom being on the historical society, he 24 could also be able to verify that too, 25 and if we have a letter from them, it 11 1 WORKSHOP - GWILLIAM 2 just, it helps the files. 3 MR. WELCH: And the other point, 4 and I don't know how this fits in terms 5 of precedent, if it already exists 6 is -- I understand the requirement, and 7 I guess one of the aspects of this is 8 the house is there already, you know, 9 we're not asking to build anything, and 10 we can't move that old house. 11 MR. GWILLIAM: And, it's too 12 close, we couldn't put a new house any 13 closer to the road. 14 MR. WELCH: Because it's too close 15 to the road anyway. 16 MR. ZAMBITO: We understand. 17 We're on your side. It's just that the 18 next group of people that come me and 19 want the same options, we have to -- 20 once we set a precedent, we did it for 21 you, people may come in and say well, 22 wait a minute, they did their homework 23 and say you did it for them, why are 24 you not doing it for us? It would be 25 easier if we have some documentation 12 1 WORKSHOP - GWILLIAM 2 stating that it is historical, we want 3 to preserve that, and this is why we 4 did it for these gentlemen, and may not 5 be able to do it for a different 6 situation. We just have to cover 7 ourselves. 8 MR. WELCH: I understand that. I 9 mean, I guess the question for you 10 folks is how many homes do you have 11 left from the 1700s? 12 MR. ZAMBITO: Not many. And we 13 had an incident long before any of us 14 were on this board. We had properties 15 years ago it had an old blacksmith 16 shop, et cetera, and the people came in 17 and said, we're paying absorbent taxes 18 on this land we do nothing with. How 19 can we lessen our tax, and they were 20 told, take the building off, and they 21 did. 22 MR. WELCH: Oh, no. 23 MR. ZAMBITO: Whereas, if they 24 would have come before -- we weren't on 25 the board -- I'm sure the present board 13 1 WORKSHOP - GWILLIAM 2 at that time would have said, let's do 3 the same thing so we can accommodate 4 what you want to do. So, I don't think 5 we want to see a historical house taken 6 down, and I am happy you guys are 7 coming before us. 8 MR. WELCH: Thank you. I'm glad 9 to hear that. 10 MR. ZAMBITO: So, if we can do our 11 due diligence and make sure everything 12 is in line. 13 MR. WELCH: Sure. 14 MR. ZAMBITO: It will make it 15 easier for us. 16 MR. WELCH: So, just in terms of 17 procedure, I know you meet monthly, so 18 is the timeline you're proposing, these 19 things all seem reasonable, and I just 20 talked to my neighbors this morning 21 actually, they were willing to come and 22 I said wait until the next part. My 23 understanding this is a workshop. The 24 public part comes later. So I think we 25 can get this. So do we come back in 14 1 WORKSHOP - GWILLIAM 2 the next month and get -- present all 3 of this to you? 4 CHAIRMAN GIAMETTA: Then let me 5 say in lieu of that, if you cannot get 6 enough official designations for all 7 involved, you may be able to subdivide 8 one acre to go with that house, and 9 that would alleviate a variance. 10 MR. ZAMBITO: It would, but it 11 will cost them. 12 MR. WELCH: Just -- I mean, you 13 guys are very honest with us, and I 14 appreciate the give and take. Part of 15 this is also a cost issue. We want to 16 preserve it and do some stuff to make 17 sure it stands, but that only goes so 18 far. It's a really old house. 19 MR. ZAMBITO: We understand that. 20 But I have his number here. Let me 21 give it to you before you leave. His 22 name is Tom Schroeder, and the number 23 is 845-590-7027. 24 MR. WELCH: And can you just tell 25 me kind of structurally 15 1 WORKSHOP - GWILLIAM 2 organizationally, does he work for the 3 town, or is this a not for profit or 4 something. 5 MR. ZAMBITO: He is an employee of 6 the town, but he is also the head of 7 the historical -- 8 MR. WELCH: Which is separate from 9 his duties? 10 MR. ZAMBITO: Yes. 11 MR. GWILLIAM: Is there any sort 12 of label to the historical situation, 13 or something is historical or it's not; 14 is there some type of designation? 15 CHAIRMAN GIAMETTA: It's a New 16 York State designation by the Office of 17 Parks and Recreation, but Mr. Schroeder 18 would may be able to -- 19 MR. ZAMBITO: He knows more about 20 it. 21 MR. GWILLIAM: I heard you ask for 22 a letter of support from them, 23 establishing a historical nature, 24 right, because you're just relying on 25 our statement. But I actually think 16 1 WORKSHOP - GWILLIAM 2 from the Mackey family we have a series 3 of books that show photos of the house 4 and talk about the house. So I think 5 it is documented in some places, the 6 historical nature of the house. 7 MR. ZAMBITO: That would be great. 8 MR. WELCH: I will try and gather 9 that and have the family do that. 10 CHAIRMAN GIAMETTA: Perhaps before 11 the demo permit is established, you 12 should investigate this matter. I 13 understand that you have a demo permit. 14 MR. WELCH: That's a very 15 legitimate point. And our 16 understanding at that time was this -- 17 this is what you need to do to get the 18 house built. 19 MR. CONN: Which is correct. 20 MR. GWILLIAM: Tom told us you 21 have to get a demo permit, so we got 22 the demo permit, and then we were like, 23 okay, we got to knock it down. And 24 then I saw Tom, and I think I asked him 25 about it. And he said, yeah, it 17 1 WORKSHOP - GWILLIAM 2 could -- it's possible to make an old 3 house into an accessory building. 4 Somebody told me about the idea. 5 CHAIRMAN GIAMETTA: So, what we'll 6 do, we will put this over to the next 7 meeting and you can gather more 8 information. When is our next meeting? 9 MS. CASHMAN: It would be May 10 13th. 11 CHAIRMAN GIAMETTA: Keep it as a 12 workshop. 13 MR. WELCH: That's great. So we 14 will extend the workshop to May? 15 CHAIRMAN GIAMETTA: Right. And 16 then will go from there. 17 MR. GWILLIAM: So, potentially 18 your process is the following meeting 19 would be the public hearing component. 20 MR. CONN: We have a minimum of 21 two more meetings. One workshop, one 22 public hearing, and then it could be 23 closed at that point. 24 MR. WELCH: Okay, great, thank 25 you. Do you want those documents if we 18 1 WORKSHOP - GWILLIAM 2 get them submitted beforehand to review 3 them? 4 CHAIRMAN GIAMETTA: Ms. Cashman? 5 MS. CASHMAN: Send them to me and 6 I will get it to them to look over. 7 CHAIRMAN GIAMETTA: The more 8 efficient, the better. 9 MR. WELCH: Okay. 10 CHAIRMAN GIAMETTA: Thank you, 11 gentlemen. 12 (Whereupon, at 7:30 P.M., the 13 Hearing was concluded.) 14 ° ° ° ° 15 16 17 18 19 20 21 22 23 24 25 19 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF ULSTER ) 6 7 I, LISA ROSSO, a Notary Public for and 8 within the State of New York, do hereby 9 certify: 10 That the witness whose examination is 11 hereinbefore set forth was duly sworn and 12 that such examination is a true record of 13 the testimony given by that witness. 14 I further certify that I am not related 15 to any of the parties to this action by 16 blood or by marriage and that I am in no way 17 interested in the outcome of this matter. 18 IN WITNESS WHEREOF, I have hereunto set 19 my hand this 19th day of April 2021. 20 21 ___________________________ 22 LISA M. ROSSO 23 24 25 1 2 STATE OF NEW YORK : COUNTY OF ULSTER 3 TOWN OF MARLBOROUGH ZONING BOARD -------------------------------------------X 4 5 In the Matter of 6 LUCAS MONDELLO 7 James Street, Marlboro, New York 12542 8 -------------------------------------------X WORKSHOP MEETING FOR A 21.5' REAR YARD 9 SETBACK VARIANCE REQUEST 10 11 DATE: April 8, 2021 12 TIME: 7:30 P.M. 13 PLACE: Town of Marlborough Town Hall 14 #21 Milton Turnpike Milton, New York 12547 15 BOARD MEMBERS: WILLIAM GIAMETTA, CHAIRMAN 16 LENNY CONN JEFF MEKEEL 17 DAVE ZAMBITO GEORGE SALINOVICH, Absent 18 19 ALSO PRESENT: CARMEN MESSINA, Land Surveyor, Professional Engineer 20 PENNY E. CASHMAN, 21 Zoning Board Secretary 22 23 -------------------------------------------X 24 LISA MARIE ROSSO 140 Mahoney Road 25 Milton, New York 12547 (845) 674-3937 2 1 WORKSHOP - MONDELLO 2 CHAIRMAN GIAMETTA: We're going to 3 ask our third applicant to explain what 4 he wishes to do. And Mr. Messina is 5 here with us, and please explain your 6 intentions to the board. 7 MR. MESSINA: We're here tonight 8 to try to get a rear setback variance 9 in the rear of -- this property is the 10 north line of what we labeled lot 11 number two. But before we go into it, 12 I want to give you a little background. 13 This property has been owned by the 14 Mondello family over the years, and 15 they had three children, they each got 16 a piece of property. Lot number two 17 was sold to the Perretta family. It 18 was the applicant's sister and husband, 19 and that was in 1956. And over the 20 years, they built the house and they 21 added an addition. And then the third 22 addition came, and as you can see in 23 the map, the building was now roughly 24 13.4 feet encroaching on lot number 25 one, which is owned by the applicant. 3 1 WORKSHOP - MONDELLO 2 And the pool fence is over the line by 3 about 30 feet, so we -- now that the 4 applicant's sister and her husband has 5 died, it's now in their estate, and we 6 are, in order for them to sell the 7 building, we are trying to get a lot 8 line revision so we can include the 9 entire building that's located on lot 10 number two on its own property. And 11 so, we tried to meet all of the 12 regulations. We have met the side line 13 regulation, but the only thing we could 14 not meet was the rear yard 15 regulation -- setback regulation 16 because of the shed and the area. 17 CHAIRMAN GIAMETTA: We're 18 listening, Mr. Messina. We're also 19 having a little discussion relevant to 20 your proposal. I believe Mr. Conn has 21 brought up something to your attention. 22 Off the record. 23 (Whereupon, an off-the-record 24 discussion was held.) 25 CHAIRMAN GIAMETTA: The Board has 4 1 WORKSHOP - MONDELLO 2 discussed this matter before us and our 3 consensus is that the efforts are an 4 improvement of what exists now. And 5 having said that, can we ask the 6 applicant to come forth to a public 7 hearing for a request? The answer I 8 believe is yes and -- 9 MR. MEKEEL: Yes. I make a motion 10 that we move to public hearing for a 11 21.5-foot rear yard setback variance. 12 MR. ZAMBITO: I will second. 13 CHAIRMAN GIAMETTA: All in favor? 14 MR. CONN: Aye. 15 MR. MEKEEL: Aye. 16 MR. ZAMBITO: Aye. 17 CHAIRMAN GIAMETTA: And aye. So 18 we can come back for public hearing. 19 MR. MESSINA: I don't need any new 20 maps or anything like that? 21 CHAIRMAN GIAMETTA: As long as the 22 map is clear, as it is, and the letter 23 goes out to surrounding property 24 owners. Anything further for the court 25 reporter? We're all set to make a 5 1 WORKSHOP - MONDELLO 2 motion to close the workshop. 3 MR. MEKEEL: I will make a motion 4 to close the workshop and meeting 5 tonight. 6 MR. CONN: Second. 7 CHAIRMAN GIAMETTA: All in favor? 8 MR. ZAMBITO: Aye. 9 MR. CONN: Aye. 10 MR. MEKEEL: Aye. 11 CHAIRMAN GIAMETTA: And aye. 12 Thank you, Mrs. Rosso. 13 (Whereupon, at 7:45 P.M., the 14 Hearing was concluded.) 15 16 ° ° ° ° 17 18 19 20 21 22 23 24 25 6 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF ULSTER ) 6 7 I, LISA ROSSO, a Notary Public for and 8 within the State of New York, do hereby 9 certify: 10 That the witness whose examination is 11 hereinbefore set forth was duly sworn and 12 that such examination is a true record of 13 the testimony given by that witness. 14 I further certify that I am not related 15 to any of the parties to this action by 16 blood or by marriage and that I am in no way 17 interested in the outcome of this matter. 18 IN WITNESS WHEREOF, I have hereunto set 19 my hand this 19th day of April 2021. 20 21 ___________________________ 22 LISA M. ROSSO 23 24 25