1 00:00:20,430 --> 00:00:24,570 Okay, thank you. Good evening, everyone. Welcome to the Zoning Board of Appeals for the 2 00:00:24,570 --> 00:00:30,170 Channel of North Castle. Today is August 6th, 2026. And we have roll call, please. 3 00:00:30,510 --> 00:00:37,810 Ray Rodriguez. Here. John Stipo. Here. Bob Greer. Here. Scott Stopnik. Ed Leshians. Here. 4 00:00:40,010 --> 00:00:40,350 I get. 5 00:00:41,810 --> 00:00:48,110 I move to approve the minutes in the previous meeting. I'll second that. Okay, let's get started. 6 00:00:48,110 --> 00:00:54,610 We're going to open the public hearing for 430 Main Street, Neal Schwartz. 7 00:00:55,250 --> 00:01:01,270 Okay. You could go right over to that. Yeah, that's fine. As long as you talk in the... 8 00:01:01,270 --> 00:01:02,510 Hi. Hi. 9 00:01:05,410 --> 00:01:13,590 So I have a, basically I just wanted to add my phone number and my logo and the actual, what I do, 10 00:01:13,710 --> 00:01:15,750 because right now it's pretty bare on the door. 11 00:01:15,750 --> 00:01:23,450 door. There was another tenant that was basically on the other side of my wall. They left and 12 00:01:23,450 --> 00:01:29,810 they scraped everything off. So right now there's nothing on the door that really says what 13 00:01:29,810 --> 00:01:36,410 I do so people can't find me. And there's no other access other than the door. There's 14 00:01:36,410 --> 00:01:38,110 no other place to put signage or anything. 15 00:01:38,790 --> 00:01:44,770 I drove just to several businesses have lettering on the windows, walls, and doors. 16 00:01:45,690 --> 00:01:46,930 You guys are familiar with Main Street, right? 17 00:01:47,830 --> 00:01:48,090 Yes. 18 00:01:50,110 --> 00:01:51,990 How big is this thing going to be? 19 00:01:53,130 --> 00:01:53,790 15 inches. 20 00:01:54,230 --> 00:01:56,550 How much space do you need for your sign? 21 00:01:56,990 --> 00:01:58,610 Just the door, the width of the door. 22 00:01:59,650 --> 00:02:00,350 The whole door? 23 00:02:01,290 --> 00:02:01,530 Yeah. 24 00:02:01,530 --> 00:02:03,950 It's not the whole door. 25 00:02:04,130 --> 00:02:05,070 It's just... 26 00:02:09,840 --> 00:02:11,580 15 by 19 and a half. 27 00:02:11,580 --> 00:02:15,040 That's what the signs don't look like, not with the black, it's just a proof. 28 00:02:16,580 --> 00:02:20,060 It's white letters, it's just that you can't put white on white. 29 00:02:21,800 --> 00:02:23,720 So what would the actual letters be? 30 00:02:24,040 --> 00:02:24,280 What color? 31 00:02:24,980 --> 00:02:25,500 It'll be white. 32 00:02:27,160 --> 00:02:29,860 I think you said not on black, so how are you going to see it? 33 00:02:30,540 --> 00:02:35,960 No, I'm saying the picture on the glass that has to be white on glass as opposed 34 00:02:35,960 --> 00:02:39,660 to white on a sheet of paper, it's not going to... 35 00:02:45,270 --> 00:02:52,430 Okay, and you're going to go to the ARB if we give you the variance for the color and 36 00:02:52,430 --> 00:02:53,210 all that stuff. 37 00:02:53,590 --> 00:02:54,150 It's white. 38 00:02:54,630 --> 00:02:55,510 I know they like white. 39 00:02:55,730 --> 00:02:58,210 You just have to go for the, he has to just go to get it approved. 40 00:02:58,870 --> 00:03:01,450 Yeah, you've got to go to get it approved at the ARB. 41 00:03:04,310 --> 00:03:10,050 I know the previous tenant, so yeah, they did have a sign on the window or lettering. 42 00:03:10,050 --> 00:03:14,890 If you go through town, every store in town has signs on the windows. 43 00:03:16,650 --> 00:03:17,430 I don't think it's... 44 00:03:17,430 --> 00:03:18,810 I have no problem with it. 45 00:03:19,630 --> 00:03:23,450 So, you know, from what I've read, it doesn't seem like it's substantial. 46 00:03:24,030 --> 00:03:25,110 It will be self-created. 47 00:03:26,190 --> 00:03:28,290 No negative impact to the environment. 48 00:03:29,070 --> 00:03:32,150 I don't believe any impact to the character of the neighborhood. 49 00:03:32,670 --> 00:03:35,070 Any other tenants or neighbors? 50 00:03:35,370 --> 00:03:36,330 Yeah, there's room below. 51 00:03:37,570 --> 00:03:43,590 So I'm going to be this 428A and below that is where it's going to be and below that would 52 00:03:43,590 --> 00:03:44,930 be where another tenant can go. 53 00:03:45,490 --> 00:03:47,790 So I had to get that approved by the landlord. 54 00:03:48,730 --> 00:03:48,910 Okay. 55 00:03:50,530 --> 00:03:54,050 The only alternative is to not advertise your business, which I don't think is fair 56 00:03:54,050 --> 00:03:56,570 since a lot of businesses do advertise that way. 57 00:03:58,050 --> 00:04:00,270 So with those five standards, do we have a motion? 58 00:04:01,270 --> 00:04:01,930 I'll make a motion. 59 00:04:03,170 --> 00:04:04,230 Oh, second date. 60 00:04:05,110 --> 00:04:09,530 As long as you put in there that he goes to the A or B, make me happy. 61 00:04:10,230 --> 00:04:11,110 He doesn't matter. 62 00:04:12,190 --> 00:04:13,330 Can we add that, please? 63 00:04:13,790 --> 00:04:14,630 Yes, we can add that. 64 00:04:15,350 --> 00:04:16,970 Excellent. Can we close to the public hearing? 65 00:04:17,310 --> 00:04:18,810 Okay, we're going to close the public hearing. 66 00:04:19,630 --> 00:04:21,070 Okay, can we go to vote? 67 00:04:21,370 --> 00:04:23,390 Okay, John Stefa. 68 00:04:24,270 --> 00:04:24,650 Go ahead. 69 00:04:25,190 --> 00:04:25,730 Ray Rodriguez. 70 00:04:26,070 --> 00:04:26,190 Yes. 71 00:04:26,890 --> 00:04:27,550 Bob Greer. 72 00:04:27,730 --> 00:04:27,970 Yes. 73 00:04:28,350 --> 00:04:29,070 Ed Lashens. 74 00:04:29,730 --> 00:04:30,130 Yes. 75 00:04:30,930 --> 00:04:31,370 Okay. 76 00:04:31,370 --> 00:04:33,850 All right. All right. Let me hear your sign. All right. Thank you. 77 00:04:38,870 --> 00:04:42,810 Can I open it back up? You ready? Yes. Okay. We're going to open the public hearing for 78 00:04:42,810 --> 00:04:47,890 Michael Smith, 53 Windmill Road. Good evening, Mr. Chairman, members of the 79 00:04:47,890 --> 00:04:51,970 board. My name is Mike Testa. I'm here trying to help Mr. Smith through the zoning process. 80 00:04:52,810 --> 00:04:58,170 I created a packet for you with regards to his request. He's selling his house and 81 00:04:58,170 --> 00:05:03,370 he has a closing set for the 15th of August. And during the review process with the 82 00:05:03,370 --> 00:05:08,170 building department. We found out that we were 850.58 square feet above the 83 00:05:08,170 --> 00:05:13,330 allowable development coverage that was allowed on site. We submitted 84 00:05:13,330 --> 00:05:20,670 applications to the town engineer and as a result he came up with a drainage 85 00:05:20,670 --> 00:05:24,490 improvement plan to mitigate those issues and as a result he did approve it. 86 00:05:24,590 --> 00:05:28,190 We went to the RPRC. We got an approval from them subject to getting 87 00:05:28,190 --> 00:05:32,270 the zoning variance approved by your board. I tried to address all of the 88 00:05:32,270 --> 00:05:36,570 points of appeals with regards to whether or not there'd be an undesirable change in 89 00:05:36,570 --> 00:05:38,430 the neighborhood or a detriment to nearby properties. 90 00:05:39,090 --> 00:05:44,590 And he bought the property in 2015, so for the last 10, 11 years, it's been existing. 91 00:05:45,310 --> 00:05:50,270 What you see here, there's been no issues or changes that he has done to modify 92 00:05:50,270 --> 00:05:51,270 any of these issues. 93 00:05:51,730 --> 00:05:56,910 In terms of the immediate neighbors, we did solicit the majority of the surrounding 94 00:05:56,910 --> 00:06:00,150 neighbors, and we have in your packet letters of support from the surrounding 95 00:06:00,150 --> 00:06:00,590 neighborhood. 96 00:06:00,590 --> 00:06:07,110 six in total I believe. We tried to determine if the applicant can be 97 00:06:07,110 --> 00:06:10,750 achieved by some feasible method for the applicant to pursue other than an area 98 00:06:10,750 --> 00:06:16,030 variance. In order to do that we priced out trying to remove 858 square feet of 99 00:06:16,030 --> 00:06:21,670 improvements and that cost over $10,000 and the new buyer just doesn't want 100 00:06:21,670 --> 00:06:26,070 to start ripping up things there. At the same time whether or not the variance 101 00:06:26,070 --> 00:06:30,010 is substantial I mean we believe that the variance is a minimal variance 102 00:06:30,010 --> 00:06:34,890 that we're trying to achieve to accomplish our goal here and the lastly was itself created. 103 00:06:36,130 --> 00:06:42,550 Basically he has this property he's maintained it throughout the whole years and we feel that 104 00:06:43,550 --> 00:06:48,730 this is a minor waiver and through accomplishes goal of trying to keep this property and get 105 00:06:48,730 --> 00:06:53,630 it for sale. And like I said the new buyers are pretty much adamant that they want to keep 106 00:06:53,630 --> 00:06:57,230 it that way or else it could affect the sale of the property and we're trying to get this 107 00:06:57,230 --> 00:07:06,510 through your honorable board was this the condition when the seller is selling it when he bought it 108 00:07:07,030 --> 00:07:13,190 this was the same condition that is now did he make the any change he added a patio in the back 109 00:07:13,190 --> 00:07:18,950 and that patio was what we had to go to the engineering board for and mr. Kellogg required 110 00:07:18,950 --> 00:07:23,750 a substantial drainage improvement plan which we have implemented on site already which you've 111 00:07:23,750 --> 00:07:28,350 completed that work. Yes sir. Okay. We have not gotten a building permit yet because Rob 112 00:07:28,350 --> 00:07:35,770 is not able to grant that until the board grants the waiver. So the majority of this 113 00:07:35,770 --> 00:07:40,450 was existing nonconformism. That is correct. And just the only improvement done by the 114 00:07:40,450 --> 00:07:46,450 current owner was patio. The patio. That is correct. I did go through the package. 115 00:07:46,450 --> 00:07:52,690 We have six neighbors showing support, $10,000 to rip up that little area. 116 00:07:53,450 --> 00:07:58,870 We tried to go around the neighborhood and most of them, that we know there's no objection 117 00:07:58,870 --> 00:07:59,650 that we're aware of. 118 00:08:00,190 --> 00:08:02,110 So, I saw in here it showed up on title. 119 00:08:02,290 --> 00:08:03,750 What exactly showed up on title? 120 00:08:04,090 --> 00:08:04,410 Excuse me? 121 00:08:04,830 --> 00:08:08,250 I read in your packet that you discovered this on title. 122 00:08:08,570 --> 00:08:09,550 What exactly showed up on title? 123 00:08:09,590 --> 00:08:12,930 In other words, when I do a title search with the municipality, I come up with a 124 00:08:13,690 --> 00:08:15,270 list of items that are approved. 125 00:08:15,270 --> 00:08:19,490 When they went through this process, they found out that their patios were not originally 126 00:08:19,490 --> 00:08:19,870 approved. 127 00:08:19,990 --> 00:08:23,370 Therefore, we had to get the building permit for the patios, which we submitted for. 128 00:08:23,710 --> 00:08:27,050 We were denied by Rob, and as a result, that's what we were appealing. 129 00:08:27,750 --> 00:08:27,890 Okay. 130 00:08:27,930 --> 00:08:29,430 And there was something to hear about our driveway also? 131 00:08:29,750 --> 00:08:30,750 The driveways are existing. 132 00:08:30,930 --> 00:08:32,810 There's been no change to the existing driveways. 133 00:08:33,630 --> 00:08:37,490 We resurfaced them years ago, back in 2015, with no change at all. 134 00:08:38,690 --> 00:08:39,090 Got you. 135 00:08:40,330 --> 00:08:40,690 Good. 136 00:08:41,570 --> 00:08:42,130 Any questions? 137 00:08:42,930 --> 00:08:43,630 How about it? 138 00:08:43,950 --> 00:08:44,310 Okay. 139 00:08:44,310 --> 00:08:45,070 Can we close it please? 140 00:08:45,710 --> 00:08:46,250 Do you want to add? 141 00:08:46,650 --> 00:08:47,510 Oh, I'm sorry. 142 00:08:47,610 --> 00:08:48,510 Do you have any questions? 143 00:08:48,670 --> 00:08:49,690 I forgot you up there, my bad. 144 00:08:50,350 --> 00:08:50,970 No, no. 145 00:08:51,710 --> 00:08:56,110 I know that there were a number of neighbors who wrote in favor of it. 146 00:08:56,910 --> 00:09:00,290 I assume that there are no neighbors who are opposed to that. 147 00:09:00,590 --> 00:09:01,490 Is that correct? 148 00:09:02,550 --> 00:09:04,350 Sir, there was none that I'm aware of. 149 00:09:04,690 --> 00:09:07,250 I believe there was a neighbor in the audience right now. 150 00:09:08,250 --> 00:09:10,210 Who was an immediate neighbor across the street. 151 00:09:20,830 --> 00:09:23,010 Yeah, it seems like the neighbors are okay. 152 00:09:24,390 --> 00:09:25,230 Takes the village. 153 00:09:25,470 --> 00:09:25,830 Thank you. 154 00:09:27,470 --> 00:09:27,870 Okay. 155 00:09:28,370 --> 00:09:28,690 Okay. 156 00:09:28,910 --> 00:09:29,750 I'm okay. 157 00:09:30,830 --> 00:09:31,210 All right. 158 00:09:31,290 --> 00:09:31,750 All right. 159 00:09:31,850 --> 00:09:32,390 Can we close the place? 160 00:09:32,390 --> 00:09:32,550 All right. 161 00:09:32,590 --> 00:09:33,770 We're going to close the public hearing. 162 00:09:34,530 --> 00:09:34,930 Okay. 163 00:09:37,340 --> 00:09:38,540 I'll make a motion to approve. 164 00:09:39,640 --> 00:09:40,600 I'll second it. 165 00:09:40,900 --> 00:09:41,240 Okay. 166 00:09:41,400 --> 00:09:41,900 Let's go to vote. 167 00:09:41,920 --> 00:09:42,220 All right. 168 00:09:42,260 --> 00:09:42,980 We're going to roll call. 169 00:09:42,980 --> 00:09:54,200 Ed Lashens. Yes. Bob Greer. Yes. John Stipo. Yes. Ray Rodriguez. Yes. Thank you very much. Thank you. Thank you. 170 00:09:56,460 --> 00:09:58,020 Just making progress tonight. 171 00:09:59,500 --> 00:10:08,120 Okay. All right. I'm going to open the public hearing. Well, I'm not, but we're going to open the public hearing for one windmill court. 172 00:10:09,660 --> 00:10:16,420 So, never done this before, never lived in a house, never moved into windmill in 2017. 173 00:10:16,800 --> 00:10:17,960 Can you start with your name, sir? 174 00:10:18,180 --> 00:10:18,820 Keith Arner. 175 00:10:19,000 --> 00:10:19,280 Thank you. 176 00:10:19,520 --> 00:10:20,080 Thanks for the camera. 177 00:10:20,180 --> 00:10:24,760 So, wasn't sure if my architect was going to be on Zoom, but unfortunately he is at 178 00:10:24,760 --> 00:10:25,460 a meeting. 179 00:10:25,840 --> 00:10:26,480 So, there we go. 180 00:10:27,820 --> 00:10:30,140 We put a sport court in during COVID. 181 00:10:30,520 --> 00:10:35,500 We talked to somebody that we thought was going to advise us on the proper ways 182 00:10:35,500 --> 00:10:36,160 of doing it. 183 00:10:36,160 --> 00:10:39,680 We believe them. That company is now out of business, unfortunately. 184 00:10:40,400 --> 00:10:45,620 I think we are looking for a variance of what is the exact amount of feet. I think it's 17. 185 00:10:46,020 --> 00:10:48,580 It should be 30. It is 12 feet off of... 186 00:10:48,580 --> 00:10:49,840 17 feet 10 inches. 187 00:10:50,060 --> 00:10:52,840 So we're looking for a variance of 17 feet 10 inches. 188 00:10:53,180 --> 00:10:55,860 We've had the sport court for five plus years. 189 00:10:56,300 --> 00:10:57,940 I have two boys. They love it. 190 00:10:58,580 --> 00:11:01,100 We are putting in drainage for the sport court. 191 00:11:01,220 --> 00:11:03,000 We have never had an issue thus far. 192 00:11:03,000 --> 00:11:09,200 We're renovating our house, similar to what Ray did in others Jeff Blum around us, so we 193 00:11:09,200 --> 00:11:11,340 are invested into the community and we plan on starting forever. 194 00:11:11,340 --> 00:11:12,640 I'm sorry, you said you were what? 195 00:11:12,880 --> 00:11:13,280 Renovating? 196 00:11:13,460 --> 00:11:14,320 We're renovating our house. 197 00:11:14,360 --> 00:11:15,560 Yeah, I sold a lot of them. 198 00:11:15,720 --> 00:11:17,280 Yeah, yeah, hopefully we can move back. 199 00:11:17,820 --> 00:11:21,740 Lot of trucks, floors went in today, tiles being laid, we're hoping we can move back 200 00:11:21,740 --> 00:11:22,240 in September. 201 00:11:22,620 --> 00:11:23,360 It's been a long year. 202 00:11:23,880 --> 00:11:24,220 I'm sure. 203 00:11:24,580 --> 00:11:24,760 Yeah. 204 00:11:25,160 --> 00:11:31,040 So just as you get a building permit for this court, we, I think we're approved 205 00:11:31,040 --> 00:11:37,620 And if the variance was approved talking about when you put it in no, we're legalizing it now 206 00:11:37,620 --> 00:11:43,820 So the person that we used advised us that we did not need that during COVID. This was in the heat of COVID 207 00:11:43,820 --> 00:11:46,100 I think it was September or July 208 00:11:46,980 --> 00:11:52,660 And that was the company that actually made that was the company that put the basketball court in that's why he's here 209 00:11:52,660 --> 00:11:56,440 That's why I'm here. So yeah, he got some bad advice from a company 210 00:11:57,540 --> 00:12:00,320 She's got bad advice from the companies that don't load around. 211 00:12:00,740 --> 00:12:01,000 Correct. 212 00:12:01,220 --> 00:12:01,980 A little history. 213 00:12:04,300 --> 00:12:09,000 When the court has three, you're at number one. 214 00:12:09,020 --> 00:12:09,880 Number one, yes. 215 00:12:10,380 --> 00:12:12,080 My first house was number three. 216 00:12:12,600 --> 00:12:14,760 Is that across the street? 217 00:12:14,760 --> 00:12:15,540 Directly across the street. 218 00:12:15,800 --> 00:12:15,960 Yeah. 219 00:12:16,580 --> 00:12:18,040 I bought that in 1968. 220 00:12:18,820 --> 00:12:19,320 Did you really? 221 00:12:19,500 --> 00:12:21,720 Did you sell it to the woman who's there now? 222 00:12:22,440 --> 00:12:23,200 Oh, I... 223 00:12:23,200 --> 00:12:23,940 Oh, I don't even know. 224 00:12:24,560 --> 00:12:31,180 she's she's older husband passed away in 2015 yeah I'm long gone from that but 225 00:12:31,180 --> 00:12:35,540 the court is so cute it's great I have three boys that grew up on that plane in 226 00:12:35,540 --> 00:12:47,760 that I love it I love it I think you mentioned your neighbors any concerns 227 00:12:47,760 --> 00:12:51,020 have any of your neighbor's voice concerns. 228 00:12:51,280 --> 00:12:52,060 Yeah, nobody has. 229 00:12:52,420 --> 00:12:53,560 I had, I got nothing. 230 00:12:54,460 --> 00:12:56,520 Did you said you put in drainage? 231 00:12:56,840 --> 00:12:57,420 We're going to. 232 00:12:57,540 --> 00:12:58,200 I just got a quote. 233 00:12:58,380 --> 00:12:59,300 I'm going to have somebody do that. 234 00:12:59,300 --> 00:13:02,200 But what is that required by any town or you're just doing that anyhow? 235 00:13:02,520 --> 00:13:06,180 No, it was retired, it was required by I think Rob or the building inspector. 236 00:13:06,620 --> 00:13:06,920 Okay. 237 00:13:07,100 --> 00:13:07,260 Yeah. 238 00:13:07,940 --> 00:13:11,500 But is it, is it defined amount of work? 239 00:13:11,600 --> 00:13:12,520 It is just to do. 240 00:13:12,760 --> 00:13:12,980 Correct. 241 00:13:13,200 --> 00:13:13,380 Yes. 242 00:13:13,540 --> 00:13:15,360 There's four Coltex that go up there. 243 00:13:16,400 --> 00:13:16,760 Okay. 244 00:13:16,760 --> 00:13:21,400 And the drain is going to cost about a hundred thousand dollars. He's told you what to do and you know how to do it 245 00:13:21,400 --> 00:13:27,120 Yes, okay, and you got a permit. We have yes everything the important thing as a new home 246 00:13:28,620 --> 00:13:29,360 Fairly new 247 00:13:30,500 --> 00:13:36,320 Always get permits or at least inquire because it's going to cause you all this trouble 248 00:13:36,880 --> 00:13:42,380 Where you could be rejected? I know so it's not worth not getting a permit 249 00:13:42,380 --> 00:13:46,200 agree with you a double when you get caught with it, so 250 00:13:47,440 --> 00:13:55,740 learn from experience. Just a little more. Yeah, I appreciate that. It's not even a slap on the wrist, it's just a warning. I got it. Thank you. 251 00:13:56,100 --> 00:14:05,320 Yeah, please inquire about permits should any future work be done. Okay, make a motion for me. That's sad. And after this we're not doing any more building. 252 00:14:05,840 --> 00:14:14,280 I just want to make sure. Add any questions. No, no. Obviously there's one neighbor that's affected more than any other. 253 00:14:15,260 --> 00:14:24,020 The one whose neighbor brought us on to the side yard where the court is located, and that 254 00:14:24,020 --> 00:14:32,380 neighbor is aware that you're applying for this variance and has no objection. 255 00:14:32,720 --> 00:14:33,300 No objection. 256 00:14:34,000 --> 00:14:34,440 Okay. 257 00:14:36,340 --> 00:14:37,980 I visited it. 258 00:14:38,100 --> 00:14:44,260 I don't know if your wife told me, told you, but I was there. 259 00:14:44,260 --> 00:14:48,640 In fact, if I knew that he had pickleball courts, I would have brought my paddle. 260 00:14:49,000 --> 00:14:54,720 But anyway, it's a nice court that you have there. 261 00:14:54,900 --> 00:14:59,180 We actually put, you saw, if you walked up there, we put trees up there to block the neighbors. 262 00:15:00,000 --> 00:15:06,540 Okay, all right. We're going to close the public hearing. 263 00:15:08,760 --> 00:15:11,340 We have a motion. I'll make a motion 264 00:15:11,340 --> 00:15:21,140 as a former Wimbledon court neighbor. Yeah, I'm on north late now, but not there. All right. 265 00:15:21,280 --> 00:15:27,440 Do we have a second? Go ahead. I'll second it. Okay. Let's go to vote. Okay. We're going 266 00:15:27,440 --> 00:15:35,380 to do a roll call. Ed Lashins. Yes. Bob Greer. Yes. John Steepo. Yes. Ray Rodriguez. Yes. 267 00:15:35,680 --> 00:15:41,040 Thank you guys. Okay. See you didn't need to. Good luck with the renovation. You did a great 268 00:15:41,040 --> 00:15:45,400 job. Thank you. Have a good night. Thanks. I'll see you at the camp. 269 00:15:46,220 --> 00:15:52,380 You're doing a driveway. Am I? Yeah. No, I'm going to redo it, but not just I'm 270 00:15:52,380 --> 00:15:54,720 not going to add anything. Jamie at the highway department.