Zoning Board Minutes April
zoning board of appeals
town hall, route 9w, milton, ny 12547
april 16, 2009
agenda:
vance biengardo public hearing 0.1 Acre area variance
present: absent:
jeff mekeel dr keith festa chairman
dave zambito donald mckay
william giametta
atty frank ferro
mr zambito made a motion to approve the minutes of the march 19, 2009 meeting. This motion was seconded by mr giametta.
ayes- 3 absent- 2
mr zambito read the legal notice that appeared in the southern ulster times. There were 8 certified letters sent
and 7 receipts returned with one letter not deliverable.
vance biengardo public hearing 0.1 Acre area variance
the property in question is located on 12 vineyard lane, marlboro, ny 12542 and is in the rag-1 district.
the applicant is before the board to request a 0.1 Acre variance under section 155 schedule 1 lot, yard and height regulations.
mr biengardo stated he is in front of the zoning board to
get an area variance to put up a two family home on a 1.90 Acre lot. The town code states the lot needs to be two acres to do so.
raffaele moscillo, 26 vineyard lane, marlboro, ny 12542, stated when he moved into the area four years ago he thought it would only be one family zoned. He is disappointed because he is now going to have a multi-family home next door to him and he does not want that. Mr moscillo stated he is concerned that if there is a two family home next to his and if it is rented out there will be tenants in and out and it will not be taken care of, and by putting up a two family home the value of his property will decrease.
mr biengardo stated a mother and daughter are going to own the house it will be two separate units which will have two bedrooms in each unit with separate entrances and is approximately 3,000 total sq ft.
attorney frank ferro questioned mr biengardo if he was able to obtain letters from the adjoining land owners in regards to purchasing property. Mr biengardo stated he was not able to speak to his adjoining neighbor mr troncillito and could not obtain a letter from him.
as there were no further questions from the public a motion was made by mr zambito to close the public hearing. This motion was seconded by mr giametta.
ayes-3 absent -2
mr zambito stated the setbacks are in conformance, there are no issues with the seperation between the well and septic and if this was a two acre parcel it would be allowed. Mr zambito stated the board understands mr moscillo’s concerns but if this was a two acre lot the two family home would be allowed and mr biengardo would not be in front of the zoning board.
as there were no further questions from the board mr zambito made a motion to grant the requested area variance of four thousand three hundred fifty square feet to allow the two family home on the property. this motion was seconded by mr giametta.
ayes-3 absent-2
the monthly meeting of the zoning board of appeals was adjourned at 7:25 pm.
respectfully submitted
kristi capra
recording secretary