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 CONTINUATION FOR A FRONT 9 YARD AREA VARIANCE REQUEST FOR AN EXISTING ACCESSORY STRUCTURE 10 11 DATE: July 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 18 19 ALSO PRESENT: MICHAEL GWILLIAM, Applicant 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: Good evening, 3 everyone. Welcome to the July 8th 4 meeting of the Town of Marlboro Zoning 5 Board of Appeals. Please join me for 6 the pledge to the flag. 7 (Pledge of allegiance) 8 CHAIRMAN GIAMETTA: Thank you very 9 much. We have two matters on our 10 agenda tonight. And prior to that, I 11 asked the Board if the minutes from the 12 last meeting are satisfactory, and if 13 so, motion to approve. 14 MR. SALINOVICH: I'll make a 15 motion to approve the minutes from the 16 last meeting. 17 MR. MEKEEL: I was not here. 18 CHAIRMAN GIAMETTA: A second? 19 MR. CONN: Yes. 20 CHAIRMAN GIAMETTA: All in favor? 21 MR. ZAMBITO: Aye. 22 MR. CONN: Aye. 23 MR. SALINOVICH: Aye. 24 CHAIRMAN GIAMETTA: And aye. 25 Minutes approved from June 10th, I LISA MARIE ROSSO - (845) 674-3937 3 1 WORKSHOP - GWILLIAM 2 believe it was. Okay. We welcome Mr. 3 Gwilliam back to the meeting. And Mr. 4 Gwilliam, would you please summarize 5 what you wish to do? 6 MR. GWILLIAM: Our issue is that 7 we have an existing structure that we 8 would like to convert to an accessory 9 structure, but it's technically in the 10 front yard of the new house that we're 11 building. So, we violate the accessory 12 building in the front yard regulation 13 of the town by leaving that structure 14 in place and not demolishing it in 15 order to get the Certificate of 16 Occupancy for the new house. So, we 17 would like to avoid them demolishing 18 that building by getting a variance. 19 CHAIRMAN GIAMETTA: And the reason 20 that you wish to avoid demolishing it 21 is? 22 MR. GWILLIAM: We feel that the 23 building has historical significance 24 because it's -- it was built in -- 25 before 1793, making it one of the LISA MARIE ROSSO - (845) 674-3937 4 1 WORKSHOP - GWILLIAM 2 oldest buildings in the town. And 3 that's pretty much it. Did the 4 Board -- we have been in contact with 5 the historical society, and we got an 6 indication, sorry for the vagueness 7 here, but I just don't know what's 8 going on. They said that they were 9 going to talk to the town board, or 10 they had been in contact. Do any of 11 you know anything about that? 12 MR. ZAMBITO: No, absolutely not. 13 They have not made contact. Who did 14 you talk to? 15 MR. GWILLIAM: It was Ray that did 16 the talking. I think Ms. Corcoran in 17 the -- she's on the Board, I think? 18 MR. ZAMBITO: Mrs. Corcoran? 19 MR. GWILLIAM: Yes. 20 MR. ZAMBITO: She's the town 21 clerk. 22 MR. GWILLIAM: She's the town 23 clerk, but wasn't she an historical -- 24 MS. CASHMAN: There was an Eileen 25 with the historic society, I believe. LISA MARIE ROSSO - (845) 674-3937 5 1 WORKSHOP - GWILLIAM 2 CHAIRMAN GIAMETTA: We have no 3 update on that. 4 MR. GWILLIAM: You have no update, 5 okay. 6 MR. ZAMBITO: Nobody has contacted 7 us, because we've requested that 8 ourselves, nobody said anything. 9 MR. GWILLIAM: Okay. 10 CHAIRMAN GIAMETTA: Having heard 11 your request, fellow board members, 12 your thoughts on the matter, comments? 13 MR. SALINOVICH: I don't have a 14 problem giving him a variance. I 15 believe because of extenuating 16 circumstances of this building, it's 17 been 1794, whatever it is, was the 18 previous -- what was it? 19 MR. MEKEEL: Town assessor's 20 office. 21 MR. SALINOVICH: Town assessor's 22 office. It has a lot of history to it, 23 and for us to just give a variance if 24 it was just a barn, we wouldn't be 25 talking about this. It has a lot of LISA MARIE ROSSO - (845) 674-3937 6 1 WORKSHOP - GWILLIAM 2 significance in my eyes because I like 3 old buildings, and it has a lot of 4 significance. And later on if he wants 5 to convert it back to a house, he could 6 do that if he subdivided it. To get 7 rid of it and have it torn down, I 8 think it would be ridiculous for us to 9 make him do that. For my reasons, it's 10 an old building, a beautiful building, 11 has a lot of significance, and to tear 12 it down, it would be a shame, I think. 13 CHAIRMAN GIAMETTA: Okay. Mr. 14 Zambito? 15 MR. ZAMBITO: I could add to that. 16 I've seen over the last 35 years, the 17 town allowed -- we had another case, 18 way before I was ever on the Board or 19 any of us was on the Board. Years ago 20 there was an old ice house off of 21 Western Avenue, Plattekill Road, and 22 there was an old blacksmith shop, and 23 there was some other historical 24 buildings, and back in the day, these 25 people had come in and talked to LISA MARIE ROSSO - (845) 674-3937 7 1 WORKSHOP - GWILLIAM 2 whoever was in charge at the time, I 3 don't remember who it was, and they 4 were saying, hey, we're getting taxed 5 on this property and, you know, we 6 don't want to demolish it, but if 7 that's our only thing that we're going 8 to do, we're going to be forced to take 9 it down, whoever was in power at the 10 time said that's your only alternative, 11 take it down and they took it down, and 12 it was a beautiful historical building. 13 So I totally agree with George. I 14 think what we're looking for is just 15 maybe a little clarification on what 16 your intentions are. I mean, the house 17 is old. The house is -- we have been 18 in it. Structurally, amazingly it 19 looks good, but from the outside it 20 needs work. And we understand you're 21 not looking to live in the building, 22 but are you going to do some type of 23 renovation to it, or are you just going 24 to leave it there and ten years down 25 the road we got to worry about it LISA MARIE ROSSO - (845) 674-3937 8 1 WORKSHOP - GWILLIAM 2 falling over? 3 MR. GWILLIAM: Well, the initial 4 plan was to repair the roof because 5 there is some leaks, and stabilize it, 6 probably by jacking up the foundation 7 and kind of just keeping it straight. 8 There is a section to the west that our 9 understanding wasn't built until the 10 '50's. 11 MR. ZAMBITO: It was an addition. 12 MR. GWILLIAM: It's in bad shape 13 and we would just remove it because we 14 feel that we can retain the historical 15 nature of the house and just not have 16 to deal with that. And then, yeah, 17 then it's repairing, attaching, things 18 like that. 19 MR. ZAMBITO: I'm in agreement 20 with George. I think you guys are an 21 asset to the community to do something 22 like this, and I think we're all 23 willing to, you know, help you out if 24 we can. Just with the intention that, 25 you know, I would hate to ride past LISA MARIE ROSSO - (845) 674-3937 9 1 WORKSHOP - GWILLIAM 2 there two years from now and see that 3 the place is still the way that it 4 sits, and we're kind of going above and 5 a beyond here because we go by the 6 whole scope of things. There are five 7 questions we have to answer, and really 8 none of them fall under. The first one 9 is, is there another way we can 10 navigate this problem. And one of the 11 answers was, yes, we can, we can 12 subdivide it. So if we were going to 13 the letter of the law, and we are 14 sitting here saying, you have to 15 subdivide it. What we're all in 16 agreement on what you want to do, I 17 think we all agree with it, we just 18 want to see it progress, you know, we 19 don't want to be, if we set a precedent 20 here tonight, the next person that 21 comes in with something similar to what 22 you want to do, we're almost going to 23 have to be forced to give them the 24 same -- if we can backup our decision, 25 historical value, the gentleman that is LISA MARIE ROSSO - (845) 674-3937 10 1 WORKSHOP - GWILLIAM 2 doing the project wants to make it -- 3 bring it back to what it was, then we 4 can bend the laws a little bit. But if 5 you're going to tell us what you're 6 going to do, we seen it all before, we 7 seen it on bigger projects, people make 8 promises, we don't put any stipulations 9 in, three years down the road, nothing 10 has happened, and then we got people 11 screaming at us that we're not doing 12 our job correctly. So, I think we're 13 looking for some back up on what you're 14 saying you're going to do. I mean, I 15 don't know if we can put a stipulation. 16 MR. MEKEEL: Well, we can. 17 MR. ZAMBITO: Twelve months from 18 now we can revisit to see if there is 19 any progress. We're not asking you to 20 rebuild the thing in two months. We 21 understand. We just don't want to 22 see -- we don't want to give you the 23 yes, and then see nothing happen. 24 MR. MEKEEL: Well, we can do that, 25 Dave, at the public hearing. We can LISA MARIE ROSSO - (845) 674-3937 11 1 WORKSHOP - GWILLIAM 2 push it to the public hearing, we can 3 stipulate what we want to see. 4 MR. ZAMBITO: We're just trying to 5 cover our back. 6 MR. MEKEEL: We can. 7 MR. GWILLIAM: And we can do that 8 because we don't have to do anything 9 until the new house is complete so we 10 have a large window of time. And I 11 don't know what the regulation is, how 12 long we have a temporary Certificate of 13 Occupancy, because we were going to get 14 that until we demolish the old house. 15 So, I don't -- you could set that -- I 16 don't know the rules here so. If that 17 can be set up long enough to satisfy 18 you, and then we have some things that 19 you would like to see done, we will get 20 the roof repaired. 21 MR. ZAMBITO: Sure. 22 CHAIRMAN GIAMETTA: Lenny, do you 23 have anything to say? 24 MR. CONN: I understand what we're 25 talking about. I understand trying to LISA MARIE ROSSO - (845) 674-3937 12 1 WORKSHOP - GWILLIAM 2 find, create solutions to help people 3 out that are trying to do the right 4 thing. I'm still struggling with 5 the -- you have plenty of property, and 6 we can easily resolve this by whatever 7 means necessary, which is the first 8 paragraph, asks ourselves to give a 9 variance, subdivide an acre off, and 10 we're done. 11 MR. GWILLIAM: But if we subdivide 12 it, we don't accomplish anything in 13 that we just kick the can down the 14 road. If someone else -- if we make 15 the subdivision, and someone wants to 16 build a new house on that subdivision, 17 they're going to run into the same 18 problem. They can't build a house 19 between Milton Turnpike and the 20 existing house. 21 MR. SALINOVICH: So it's always 22 going to be in the front of the house. 23 MR. GWILLIAM: The question is can 24 that house be converted into a house, a 25 four-season house, and it's an old LISA MARIE ROSSO - (845) 674-3937 13 1 WORKSHOP - GWILLIAM 2 house. 3 MR. ZAMBITO: Understood. 4 MR. GWILLIAM: It would be really 5 tough. So, I'm sure Jeff Bezos could 6 convert that into a house, but I can't 7 see that ever happening. So, it's 8 going to be an accessory structure or 9 it's going to be landfill. 10 MR. ZAMBITO: Right. We're all in 11 agreement. The historical value means 12 a lot to all of us. We're happy about 13 it. We just want to make sure that is 14 what is going to happen. We don't want 15 to ride by five years and see it fall 16 over and say, well, we should have... 17 MR. MEKEEL: Again, at the public 18 hearing we can stipulate whatever we 19 want to see. We can make sure Tommy 20 follows. 21 MR. SALINOVICH: Take out a 22 building permit, go over with Tommy, 23 and have a year to do it. That would 24 stipulated. Otherwise, it never gets 25 done. LISA MARIE ROSSO - (845) 674-3937 14 1 WORKSHOP - GWILLIAM 2 MR. ZAMBITO: Well, that's the 3 fear. 4 MR. SALINOVICH: You're under 5 contract with the building permit. 6 CHAIRMAN GIAMETTA: What 7 stipulations might you ask for? 8 MR. MEKEEL: Basically, to remain 9 an accessory building. It's got to 10 remain -- can't be condemned because 11 it's ready to fall down. So it's got 12 to be maintained and structured so it's 13 safe all the time. 14 MR. SALINOVICH: West side is 15 going to come off. 16 MR. MEKEEL: West side is going to 17 come off. 18 MR. SALINOVICH: Whatever it 19 needs. 20 CHAIRMAN GIAMETTA: What about 21 use? 22 MR. MEKEEL: It will not be 23 livable. 24 MR. ZAMBITO: Future date, if you 25 decide you want to live in it, then LISA MARIE ROSSO - (845) 674-3937 15 1 WORKSHOP - GWILLIAM 2 they would have to subdivide it. 3 MR. MEKEEL: Then they would have 4 to subdivide it. 5 MR. SALINOVICH: It makes it still 6 active later on in years. You leave it 7 there and you're able to subdivide it 8 20 years from now. 9 MR. ZAMBITO: I think this is a 10 unique situation. If it wasn't 11 historical, we wouldn't be having this 12 conversation. We want you to keep it. 13 We want to preserve the history of the 14 town. We're just -- we just have to 15 cover our basis also, because we can't 16 get revisited six months down the road 17 by somebody else and use you as a 18 precedence, you did it for Mr. 19 Gwilliam, and why aren't you doing it 20 for us, and we're stuck here not 21 knowing that answer. 22 MR. GWILLIAM: Understood. 23 MR. ZAMBITO: That's all. 24 MR. SALINOVICH: If that house 25 wasn't there -- LISA MARIE ROSSO - (845) 674-3937 16 1 WORKSHOP - GWILLIAM 2 MR. CONN: That being said, it's 3 historical. We're just going by 4 history and what we know from you 5 what's been past down to us. There is 6 nothing official in the county, state 7 records that says -- 8 MR. SALINOVICH: Historical by 9 deed, that's all. 10 MR. GWILLIAM: It is in the town 11 records since 1793. 12 MR. ZAMBITO: Right. 13 MR. CONN: Yes. 14 CHAIRMAN GIAMETTA: Furthermore, 15 if it were subdivided, if it were, we 16 wouldn't have to grant a variance at 17 all to you; correct, Mr. Salinovich? 18 MR. SALINOVICH: Yes, you got to 19 keep the house. 20 MR. CONN: Correct. 21 CHAIRMAN GIAMETTA: Anything 22 further, gentlemen? 23 MR. ZAMBITO: No, move to public 24 hearing. 25 CHAIRMAN GIAMETTA: I'm just LISA MARIE ROSSO - (845) 674-3937 17 1 WORKSHOP - GWILLIAM 2 asking any comments? 3 MR. ZAMBITO: I think we're all on 4 the same page. 5 MR. SALINOVICH: I'll make a 6 motion to pass this variance. 7 MR. MEKEEL: I will second. 8 CHAIRMAN GIAMETTA: Let's back up. 9 We didn't get to the public hearing 10 yet. So we're still in a workshop 11 case. So if you want to make a motion 12 to send it to public hearing, I will 13 listen. 14 MR. SALINOVICH: Let's do that. I 15 will make a motion to send it to public 16 hearing. 17 MR. MEKEEL: And I will second the 18 motion. 19 CHAIRMAN GIAMETTA: All in favor? 20 MR. CONN: Aye. 21 MR. ZAMBITO: Aye. 22 MR. SALINOVICH: Aye. 23 MR. MEKEEL: Aye. 24 CHAIRMAN GIAMETTA: Public hearing 25 is on for your next visit here. LISA MARIE ROSSO - (845) 674-3937 18 1 WORKSHOP - GWILLIAM 2 MR. GWILLIAM: Okay. My 3 understanding is there are some steps 4 to do? 5 CHAIRMAN GIAMETTA: Mrs. Cashman 6 will help you out with those. She's 7 very familiar with those steps in 8 notifying property owners and so forth. 9 MS. CASHMAN: I will get you the 10 legal notice and everything to send 11 out. 12 MR. GWILLIAM: Okay. 13 CHAIRMAN GIAMETTA: Any further 14 comment for you, Mr. Gwilliam? 15 MR. GWILLIAM: No. Do you want 16 public comment? 17 CHAIRMAN GIAMETTA: No. No, not 18 yet. 19 MR. GWILLIAM: It's available. 20 Thanks. 21 CHAIRMAN GIAMETTA: Thank you. 22 (Whereupon, at 7:15 P.M., the 23 Hearing was adjourned 24 concluded.) 25 ° ° ° ° LISA MARIE ROSSO - (845) 674-3937 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 M. ROSSO, a Notary Public for 8 and 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 20th day of July 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 MARK & KATHLEEN MACKEY 7 544 Milton Turnpike, Milton, New York 12547 8 -------------------------------------------X WORKSHOP MEETING FOR AN AREA VARIANCE 9 REQUEST 10 11 DATE: July 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 18 19 ALSO PRESENT: MARK & KATHLEEN MACKEY, Applicants 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 - MACKEY 2 CHAIRMAN GIAMETTA: And that 3 brings us to the second matter. Mark 4 and Kathleen Mackey, please come 5 forward. 6 MR. MACKEY: How are you guys 7 doing tonight? 8 CHAIRMAN GIAMETTA: Ready to 9 present your case, loud and clear. 10 MR. MACKEY: Well, we started out 11 doing what we thought was a simple lot 12 line revision between two adjoining 13 properties, one that belongs to my 14 parents, and one that belongs to me. 15 And when we had the land surveyed, the 16 surveyor picked up a fact that was 17 unbeknown to a lot of people, that the 18 county, when they redid Milton Turnpike 19 back in 1980, '81, they took property 20 here and there where they needed to 21 redefine that road, so our original 22 deeds turned out to be incorrect. 23 So, talking with Tom Corcoran 24 about the matter, he suggested to get 25 ahold of Pat Klein, who, I guess, is LISA MARIE ROSSO - (845) 674-3937 3 1 WORKSHOP - MACKEY 2 our town engineer. And Pat said to go 3 ahead with the lot line revision, but 4 come and make one lot compliant and one 5 lot requiring a variance. So, that's 6 what we're here requesting. 7 MR. MEKEEL: Whose lot would need 8 the variance? 9 MR. MACKEY: It would be my 10 parents' lot. 11 MR. ZAMBITO: Lot one? 12 MR. MACKEY: Correct. I'm 13 assuming you guys got the maps in front 14 of you? 15 MR. ZAMBITO: Yes. 16 MR. MACKEY: That shows the actual 17 original existing deed lines, the 18 property lines and what property the 19 county took back when they renovated 20 that road years ago. So, by moving the 21 property line over, which would be my 22 west line, and my parents' east line, 23 28 feet. That's all we're requesting 24 to do. That makes my lot compliant, 25 according to today's codes. Years ago LISA MARIE ROSSO - (845) 674-3937 4 1 WORKSHOP - MACKEY 2 when these deeds were drawn up, these 3 lots were compliant. My lot was 1.08 4 acres, okay, my parents was 1.38, but 5 when the county took the property off 6 the edge, that brings our lots down -- 7 MS. MACKEY: Neither of us had an 8 acre. 9 MR. MACKEY: Neither one of us are 10 compliant because of this county take 11 back. And this is a problem that went 12 all the way down Milton Turnpike. I 13 know George, you and me talked about 14 it, I don't know if you other fellows 15 remember, Milton Turnpike used to be a 16 rollercoaster 40 years ago. There was 17 dips and turns and moguls all through 18 it. 19 MR. MEKEEL: So, basically, the 20 county created this issue. 21 MR. ZAMBITO: That's what I'm 22 thinking, why should he have to pay to 23 do this. This is ridiculous. 24 Shouldn't the county be responsible for 25 this? LISA MARIE ROSSO - (845) 674-3937 5 1 WORKSHOP - MACKEY 2 MR. SALINOVICH: That's a good 3 question. 4 MR. MEKEEL: Yeah. 5 MR. ZAMBITO: I don't want to see 6 them spend money if they don't have to. 7 MR. MACKEY: Yeah, this is 8 something we didn't even know about it 9 until we had the land surveyed. 10 MR. ZAMBITO: If they did it, 11 there should be a waiver I would think; 12 no? 13 CHAIRMAN GIAMETTA: Well, no 14 matter who pays the expense, it has to 15 be addressed. 16 MR. MACKEY: Correct. 17 CHAIRMAN GIAMETTA: And we're the 18 Board that addresses it. 19 MR. ZAMBITO: Okay. 20 MR. MEKEEL: So, you're going to 21 increase your lot to what size? 22 MR. MACKEY: My lot is going to 23 grow to, the new total would be 1.04? 24 MR. MEKEEL: So you will go to 25 1.04? LISA MARIE ROSSO - (845) 674-3937 6 1 WORKSHOP - MACKEY 2 MR. MACKEY: Yes. 3 MR. MEKEEL: So you had 1.08, they 4 took it away, and now you're going to 5 1.04? 6 MR. MACKEY: Exactly, yes. 7 MR. ZAMBITO: And your parents lot 8 would be what? 9 MR. MACKEY: My parents lot 10 originally was 1.034 according to 11 Spencer's survey, so moving the lot 12 line over and making my line, my lot 13 compliant, makes their lot 0.77 so 14 they're -- 15 MS. MACKEY: Three quarters of an 16 acre. 17 MR. MACKEY: They're roughly like 18 three quarters of an acre. 19 MR. ZAMBITO: There has to be a 20 waiver. 21 CHAIRMAN GIAMETTA: Without a 22 waiver before us or a request for a 23 waiver, the applicants are here. 24 MR. MEKEEL: I agree. 25 CHAIRMAN GIAMETTA: So, one of the LISA MARIE ROSSO - (845) 674-3937 7 1 WORKSHOP - MACKEY 2 deficiencies is the lot size. 3 MR. MACKEY: Correct. 4 CHAIRMAN GIAMETTA: What about the 5 setbacks? 6 MR. MACKEY: Yes, that was the 7 next thing I was going to bring up to 8 you. Originally, when my parents' 9 house was built in 1957, apparently, 10 the setback didn't come into play, but 11 on their westbound side, they have a 12 21.2 setback to the property line, 13 which also has to be addressed. 14 MR. MEKEEL: But that was -- 21.2 15 is the setback. 16 CHAIRMAN GIAMETTA: It was 35. 17 MR. MACKEY: It was 35, correct, 18 setback. 19 MR. ZAMBITO: He wants to clean it 20 up. 21 MR. MEKEEL: I don't see an issue. 22 MR. MACKEY: Basically, what we're 23 doing is trying to -- 24 MR. MEKEEL: You can correct one 25 lot. LISA MARIE ROSSO - (845) 674-3937 8 1 WORKSHOP - MACKEY 2 MS. MACKEY: You can't correct 3 both of them so you got to do one. 4 MR. ZAMBITO: One conforming and 5 one not. 6 MR. MEKEEL: So currently, what 7 are the lots right now? 8 MR. MACKEY: Currently, if you go 9 by the original deeds -- 10 MR. MEKEEL: No. After what the 11 county took. 12 MR. MACKEY: After the county take 13 back, that's what I was looking at. I 14 was going to call Spencer today, but I 15 couldn't find specifically on his 16 requirement table here what the lots 17 size is with the take back. All I know 18 is he told me that both lots were 19 noncompliant with the county take back. 20 MR. MEKEEL: After the take back, 21 they're both noncompliant? 22 MR. MACKEY: Noncompliant. 23 MR. ZAMBITO: Who in the county 24 did this? Did they notify you of this? 25 To me, this is not right. LISA MARIE ROSSO - (845) 674-3937 9 1 WORKSHOP - MACKEY 2 MR. MEKEEL: We can do the math. 3 MR. ZAMBITO: They took property, 4 and they are paying taxes on the 5 original. 6 MS. MACKEY: Mr. Zambito, when I 7 found out the surveyor said that, those 8 were the first words out of my mouth. 9 I'm like, excuse me, all of these years 10 I have been paying taxes on property 11 that's at least an acre, and I don't 12 even own that. 13 MR. ZAMBITO: And now they tell 14 you you're out of conformance. I don't 15 understand that. 16 CHAIRMAN GIAMETTA: Who is telling 17 you that you're out of conformance? 18 MS. MACKEY: The surveyor 19 originally told us, Spencer. 20 MR. MEKEEL: Is there a reason 21 why, are you looking to sell or just 22 getting it cleaned up? 23 MR. MACKEY: Well, number one, my 24 parents are 92-years-old. And at some 25 point in the near future, they're not LISA MARIE ROSSO - (845) 674-3937 10 1 WORKSHOP - MACKEY 2 going to be around. And if that 3 property changes hands -- 4 MS. MACKEY: We want our ducks in 5 a row. This problem has to be fixed 6 somehow. 7 MR. ZAMBITO: I hate to see you 8 have to go through something the county 9 is responsible for. They probably 10 should have notified them, and there 11 should be a waiver. 12 MR. MEKEEL: Oh, what's that term? 13 CHAIRMAN GIAMETTA: Eminent 14 building. 15 MS. MACKEY: Even if they have 16 eminent domain, they are taking part of 17 your property, your deed should show 18 that. Now you're less so many feet or 19 acreage on your property, but they 20 never did that. And I mean, we're just 21 two people on Milton Turnpike, so I 22 can't imagine when they widened that 23 road or flattened it out, if we didn't 24 contact the surveyor, we would have 25 never known. LISA MARIE ROSSO - (845) 674-3937 11 1 WORKSHOP - MACKEY 2 MR. MEKEEL: Just out of 3 curiosity, did it just happen in your 4 area between you, the Paltridges. Mr. 5 Gwilliam, did you have that same issue? 6 MR. GWILLIAM: I learned about it 7 from them. 8 MR. MEKEEL: I'm just curious to 9 know. 10 MS. MACKEY: We're like spreading 11 the news, and Susie sitting there 12 saying what are you talking about, 13 because she's a Fino right on the 14 corner to Mr. Gwilliam, and her house 15 is right by the road, so they probably 16 own her living room, you know. 17 CHAIRMAN GIAMETTA: Mr. Conn, any 18 input on this, that you could see, 19 comments? 20 MR. MACKEY: So, I guess the 21 bottom line is we just want to get it 22 straightened out. 23 MR. ZAMBITO: We understand. 24 MR. MACKEY: I already paid the 25 land surveyor, we got the ball rolling, LISA MARIE ROSSO - (845) 674-3937 12 1 WORKSHOP - MACKEY 2 and I guess this is the way to do it. 3 MR. CONN: I could imagine you're 4 going to get really far calling the 5 county government. 6 MR. MACKEY: Actually, believe it 7 or not, the surveyor contacted the 8 highway department and verified -- 9 MS. MACKEY: The information that 10 was found. 11 CHAIRMAN GIAMETTA: That moving of 12 the line created a 50-foot side yard 13 setback; is that correct? 14 MR. MACKEY: Yes, on my side. 15 CHAIRMAN GIAMETTA: Okay. 16 MR. MACKEY: And it leads on the 17 other side. 18 CHAIRMAN GIAMETTA: The board 19 requires 35. 20 MR. MEKEEL: The parents' house is 21 still good. It's just the other line. 22 What was that, the parent's house? 23 MR. MACKEY: '57, 21.2 is a 24 preexisting issue. 25 MR. MEKEEL: And the front setback LISA MARIE ROSSO - (845) 674-3937 13 1 WORKSHOP - MACKEY 2 is fine, and the rear is fine. 3 CHAIRMAN GIAMETTA: Yeah, but they 4 went 50 feet instead of 35, right. 5 MR. MACKEY: Uh-huh. 6 CHAIRMAN GIAMETTA: And the reason 7 for that was? 8 MR. MACKEY: Well, if that piece 9 of property gets sold down the road, I 10 just want to have a little bit more of 11 a buffer on my side, you know, by 12 making my lot compliant. 13 MR. MEKEEL: His lot becomes the 14 conforming lot. 15 CHAIRMAN GIAMETTA: The side yard, 16 requirement is 35? 17 MR. ZAMBITO: Thirty-five. Right 18 now we're looking for lot line change, 19 and for his parents', a variance of 20 13.8-foot side yard variance. 21 MR. MEKEEL: Right. 22 CHAIRMAN GIAMETTA: Just 23 hypothetically, if your line was 24 35 feet away from your property, your 25 structure, how far would it be from LISA MARIE ROSSO - (845) 674-3937 14 1 WORKSHOP - MACKEY 2 your parent's house; would it be 3 compliant? 4 MR. ZAMBITO: What was your 5 question? 6 CHAIRMAN GIAMETTA: In other 7 words, the lot line intent was moved 8 over less than 50 feet, would this be, 9 would they have enough room? 10 MR. ZAMBITO: He has enough room 11 now, 42.2, he is fine. 12 CHAIRMAN GIAMETTA: He is fine. 13 MR. ZAMBITO: We're looking at the 14 west side, 21.2, which means he would 15 need 13.8 foot -- 16 MR. CONN: That property doesn't 17 concern us. 18 CHAIRMAN GIAMETTA: Right. 19 MR. CONN: His parents' house. He 20 is not before us for a variance on his 21 parent's property. 22 MR. MEKEEL: Does he need it? 23 It's preexisting from '57, so no, he 24 doesn't need it. 25 MR. ZAMBITO: No, he doesn't need LISA MARIE ROSSO - (845) 674-3937 15 1 WORKSHOP - MACKEY 2 it. 3 CHAIRMAN GIAMETTA: Let's slow 4 down. Mark and his wife's property, by 5 moving the property line, I believe 6 becomes fully compliant; correct? 7 MR. MEKEEL: Yes. 8 CHAIRMAN GIAMETTA: So the 9 applicant technically is your parents? 10 MS. MACKEY: Yes, we filed the 11 paperwork because they're 92. He 12 signed paperwork to represent them. 13 CHAIRMAN GIAMETTA: Proxy. 14 MS. MACKEY: Right. 15 MR. ZAMBITO: While they're before 16 us, should we clean up the side yard 17 variance? 18 CHAIRMAN GIAMETTA: Yes. 19 MR. ZAMBITO: What we're saying, 20 whether you need to or not, it's good 21 to clean up the lots. Let's clean it 22 up in the event he sells one day, they 23 don't have to worry about it. 24 MR. MEKEEL: Right. 25 MS. MACKEY: We just want to get LISA MARIE ROSSO - (845) 674-3937 16 1 WORKSHOP - MACKEY 2 our ducks in a row for, you never know 3 what's down the road. 4 CHAIRMAN GIAMETTA: It appears 5 there are two concerns on your parents' 6 property, the overall acreage of the 7 property, and the back 21-foot side 8 yard? 9 MR. MACKEY: Correct. 10 CHAIRMAN GIAMETTA: Does that 11 sound about right? 12 MS. MACKEY: That's right. 13 MR. MEKEEL: Right. 14 MR. ZAMBITO: Let me clear 15 something up, because lot one is 16 preexisting nonconforming, you could 17 never add a house. We want to clear up 18 that side yard setback while we're 19 here. 20 CHAIRMAN GIAMETTA: We're getting 21 there. 22 MR. ZAMBITO: While you're here, 23 we can do the lot line change and the 24 side yard setback and get it done. 25 This way, in the event you do sell that LISA MARIE ROSSO - (845) 674-3937 17 1 WORKSHOP - MACKEY 2 one day, you don't have to worry about 3 it. 4 MR. MACKEY: That is our concern. 5 MS. MACKEY: With the lot line 6 change you would be 1.04. 7 CHAIRMAN GIAMETTA: We're 8 addressing lot one; correct. 9 MR. MEKEEL: Correct. 10 CHAIRMAN GIAMETTA: We're going to 11 address lot one as the subject lot? 12 MR. MACKEY: Correct. That's the 13 issue. 14 CHAIRMAN GIAMETTA: The lot line 15 revision is done by the planning board. 16 MR. MEKEEL: Correct. 17 CHAIRMAN GIAMETTA: Okay. So can 18 we make a motion to go for this? 19 MR. MEKEEL: Absolutely. I make a 20 motion to move forward to the public 21 hearing for the variance for the 22 undersized lot of lot one, and for 23 the -- what is it 18. -- 24 MR. ZAMBITO: 13.8. 25 MR. MEKEEL: 13.8-foot setback on LISA MARIE ROSSO - (845) 674-3937 18 1 WORKSHOP - MACKEY 2 the west side of the house. 3 CHAIRMAN GIAMETTA: To attain the 4 35 feet. 5 MR. ZAMBITO: I will second. 6 CHAIRMAN GIAMETTA: All in favor? 7 MR. MEKEEL: Aye. 8 MR. SALINOVICH: Aye. 9 MR. ZAMBITO: Aye. 10 MR. CONN: Aye. 11 CHAIRMAN GIAMETTA: Aye. So your 12 next step will be a public hearing. 13 Motion to adjourn to public hearing? 14 MR. CONN: I'll make a motion to 15 adjourn to public hearing. 16 MR. ZAMBITO: I'll second. 17 CHAIRMAN GIAMETTA: All in favor? 18 MR. CONN: Aye. 19 MR. MEKEEL: Aye. 20 MR. ZAMBITO: Aye. 21 MR. SALINOVICH: Aye. 22 CHAIRMAN GIAMETTA: The next 23 meeting is August 12, and meeting is 24 adjourned. 25 (Whereupon, at 7:33 P.M., the LISA MARIE ROSSO - (845) 674-3937 19 1 WORKSHOP - MACKEY 2 Hearing was adjourned.) 3 4 ° ° ° ° 5 6 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 20 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 M. ROSSO, a Notary Public for 8 and 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 20th day of July 2021. 20 21 ___________________________ 22 LISA M. ROSSO 23 24 25 LISA MARIE ROSSO - (845) 674-3937