Zoning Board of Appeals

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[0:20] Okay, thank you. Good evening, everyone. Welcome to the Zoning Board of Appeals for the
[0:24] Channel of North Castle. Today is August 6th, 2026. And we have roll call, please.
[0:30] Ray Rodriguez. Here. John Stipo. Here. Bob Greer. Here. Scott Stopnik. Ed Leshians. Here.
[0:40] I get.
[0:41] I move to approve the minutes in the previous meeting. I'll second that. Okay, let's get started.
[0:48] We're going to open the public hearing for 430 Main Street, Neal Schwartz.
[0:55] Okay. You could go right over to that. Yeah, that's fine. As long as you talk in the...
[1:01] Hi. Hi.
[1:05] So I have a, basically I just wanted to add my phone number and my logo and the actual, what I do,
[1:13] because right now it's pretty bare on the door.
[1:15] door. There was another tenant that was basically on the other side of my wall. They left and
[1:23] they scraped everything off. So right now there's nothing on the door that really says what
[1:29] I do so people can't find me. And there's no other access other than the door. There's
[1:36] no other place to put signage or anything.
[1:38] I drove just to several businesses have lettering on the windows, walls, and doors.
[1:45] You guys are familiar with Main Street, right?
[1:47] Yes.
[1:50] How big is this thing going to be?
[1:53] 15 inches.
[1:54] How much space do you need for your sign?
[1:56] Just the door, the width of the door.
[1:59] The whole door?
[2:01] Yeah.
[2:01] It's not the whole door.
[2:04] It's just...
[2:09] 15 by 19 and a half.
[2:11] That's what the signs don't look like, not with the black, it's just a proof.
[2:16] It's white letters, it's just that you can't put white on white.
[2:21] So what would the actual letters be?
[2:24] What color?
[2:24] It'll be white.
[2:27] I think you said not on black, so how are you going to see it?
[2:30] No, I'm saying the picture on the glass that has to be white on glass as opposed
[2:35] to white on a sheet of paper, it's not going to...
[2:45] Okay, and you're going to go to the ARB if we give you the variance for the color and
[2:52] all that stuff.
[2:53] It's white.
[2:54] I know they like white.
[2:55] You just have to go for the, he has to just go to get it approved.
[2:58] Yeah, you've got to go to get it approved at the ARB.
[3:04] I know the previous tenant, so yeah, they did have a sign on the window or lettering.
[3:10] If you go through town, every store in town has signs on the windows.
[3:16] I don't think it's...
[3:17] I have no problem with it.
[3:19] So, you know, from what I've read, it doesn't seem like it's substantial.
[3:24] It will be self-created.
[3:26] No negative impact to the environment.
[3:29] I don't believe any impact to the character of the neighborhood.
[3:32] Any other tenants or neighbors?
[3:35] Yeah, there's room below.
[3:37] So I'm going to be this 428A and below that is where it's going to be and below that would
[3:43] be where another tenant can go.
[3:45] So I had to get that approved by the landlord.
[3:48] Okay.
[3:50] The only alternative is to not advertise your business, which I don't think is fair
[3:54] since a lot of businesses do advertise that way.
[3:58] So with those five standards, do we have a motion?
[4:01] I'll make a motion.
[4:03] Oh, second date.
[4:05] As long as you put in there that he goes to the A or B, make me happy.
[4:10] He doesn't matter.
[4:12] Can we add that, please?
[4:13] Yes, we can add that.
[4:15] Excellent. Can we close to the public hearing?
[4:17] Okay, we're going to close the public hearing.
[4:19] Okay, can we go to vote?
[4:21] Okay, John Stefa.
[4:24] Go ahead.
[4:25] Ray Rodriguez.
[4:26] Yes.
[4:26] Bob Greer.
[4:27] Yes.
[4:28] Ed Lashens.
[4:29] Yes.
[4:30] Okay.
[4:31] All right. All right. Let me hear your sign. All right. Thank you.
[4:38] Can I open it back up? You ready? Yes. Okay. We're going to open the public hearing for
[4:42] Michael Smith, 53 Windmill Road. Good evening, Mr. Chairman, members of the
[4:47] board. My name is Mike Testa. I'm here trying to help Mr. Smith through the zoning process.
[4:52] I created a packet for you with regards to his request. He's selling his house and
[4:58] he has a closing set for the 15th of August. And during the review process with the
[5:03] building department. We found out that we were 850.58 square feet above the
[5:08] allowable development coverage that was allowed on site. We submitted
[5:13] applications to the town engineer and as a result he came up with a drainage
[5:20] improvement plan to mitigate those issues and as a result he did approve it.
[5:24] We went to the RPRC. We got an approval from them subject to getting
[5:28] the zoning variance approved by your board. I tried to address all of the
[5:32] points of appeals with regards to whether or not there'd be an undesirable change in
[5:36] the neighborhood or a detriment to nearby properties.
[5:39] And he bought the property in 2015, so for the last 10, 11 years, it's been existing.
[5:45] What you see here, there's been no issues or changes that he has done to modify
[5:50] any of these issues.
[5:51] In terms of the immediate neighbors, we did solicit the majority of the surrounding
[5:56] neighbors, and we have in your packet letters of support from the surrounding
[6:00] neighborhood.
[6:00] six in total I believe. We tried to determine if the applicant can be
[6:07] achieved by some feasible method for the applicant to pursue other than an area
[6:10] variance. In order to do that we priced out trying to remove 858 square feet of
[6:16] improvements and that cost over $10,000 and the new buyer just doesn't want
[6:21] to start ripping up things there. At the same time whether or not the variance
[6:26] is substantial I mean we believe that the variance is a minimal variance
[6:30] that we're trying to achieve to accomplish our goal here and the lastly was itself created.
[6:36] Basically he has this property he's maintained it throughout the whole years and we feel that
[6:43] this is a minor waiver and through accomplishes goal of trying to keep this property and get
[6:48] it for sale. And like I said the new buyers are pretty much adamant that they want to keep
[6:53] it that way or else it could affect the sale of the property and we're trying to get this
[6:57] through your honorable board was this the condition when the seller is selling it when he bought it
[7:07] this was the same condition that is now did he make the any change he added a patio in the back
[7:13] and that patio was what we had to go to the engineering board for and mr. Kellogg required
[7:18] a substantial drainage improvement plan which we have implemented on site already which you've
[7:23] completed that work. Yes sir. Okay. We have not gotten a building permit yet because Rob
[7:28] is not able to grant that until the board grants the waiver. So the majority of this
[7:35] was existing nonconformism. That is correct. And just the only improvement done by the
[7:40] current owner was patio. The patio. That is correct. I did go through the package.
[7:46] We have six neighbors showing support, $10,000 to rip up that little area.
[7:53] We tried to go around the neighborhood and most of them, that we know there's no objection
[7:58] that we're aware of.
[8:00] So, I saw in here it showed up on title.
[8:02] What exactly showed up on title?
[8:04] Excuse me?
[8:04] I read in your packet that you discovered this on title.
[8:08] What exactly showed up on title?
[8:09] In other words, when I do a title search with the municipality, I come up with a
[8:13] list of items that are approved.
[8:15] When they went through this process, they found out that their patios were not originally
[8:19] approved.
[8:19] Therefore, we had to get the building permit for the patios, which we submitted for.
[8:23] We were denied by Rob, and as a result, that's what we were appealing.
[8:27] Okay.
[8:27] And there was something to hear about our driveway also?
[8:29] The driveways are existing.
[8:30] There's been no change to the existing driveways.
[8:33] We resurfaced them years ago, back in 2015, with no change at all.
[8:38] Got you.
[8:40] Good.
[8:41] Any questions?
[8:42] How about it?
[8:43] Okay.
[8:44] Can we close it please?
[8:45] Do you want to add?
[8:46] Oh, I'm sorry.
[8:47] Do you have any questions?
[8:48] I forgot you up there, my bad.
[8:50] No, no.
[8:51] I know that there were a number of neighbors who wrote in favor of it.
[8:56] I assume that there are no neighbors who are opposed to that.
[9:00] Is that correct?
[9:02] Sir, there was none that I'm aware of.
[9:04] I believe there was a neighbor in the audience right now.
[9:08] Who was an immediate neighbor across the street.
[9:20] Yeah, it seems like the neighbors are okay.
[9:24] Takes the village.
[9:25] Thank you.
[9:27] Okay.
[9:28] Okay.
[9:28] I'm okay.
[9:30] All right.
[9:31] All right.
[9:31] Can we close the place?
[9:32] All right.
[9:32] We're going to close the public hearing.
[9:34] Okay.
[9:37] I'll make a motion to approve.
[9:39] I'll second it.
[9:40] Okay.
[9:41] Let's go to vote.
[9:41] All right.
[9:42] We're going to roll call.
[9:42] Ed Lashens. Yes. Bob Greer. Yes. John Stipo. Yes. Ray Rodriguez. Yes. Thank you very much. Thank you. Thank you.
[9:56] Just making progress tonight.
[9:59] 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.
[10:09] So, never done this before, never lived in a house, never moved into windmill in 2017.
[10:16] Can you start with your name, sir?
[10:18] Keith Arner.
[10:19] Thank you.
[10:19] Thanks for the camera.
[10:20] So, wasn't sure if my architect was going to be on Zoom, but unfortunately he is at
[10:24] a meeting.
[10:25] So, there we go.
[10:27] We put a sport court in during COVID.
[10:30] We talked to somebody that we thought was going to advise us on the proper ways
[10:35] of doing it.
[10:36] We believe them. That company is now out of business, unfortunately.
[10:40] I think we are looking for a variance of what is the exact amount of feet. I think it's 17.
[10:46] It should be 30. It is 12 feet off of...
[10:48] 17 feet 10 inches.
[10:50] So we're looking for a variance of 17 feet 10 inches.
[10:53] We've had the sport court for five plus years.
[10:56] I have two boys. They love it.
[10:58] We are putting in drainage for the sport court.
[11:01] We have never had an issue thus far.
[11:03] We're renovating our house, similar to what Ray did in others Jeff Blum around us, so we
[11:09] are invested into the community and we plan on starting forever.
[11:11] I'm sorry, you said you were what?
[11:12] Renovating?
[11:13] We're renovating our house.
[11:14] Yeah, I sold a lot of them.
[11:15] Yeah, yeah, hopefully we can move back.
[11:17] Lot of trucks, floors went in today, tiles being laid, we're hoping we can move back
[11:21] in September.
[11:22] It's been a long year.
[11:23] I'm sure.
[11:24] Yeah.
[11:25] So just as you get a building permit for this court, we, I think we're approved
[11:31] And if the variance was approved talking about when you put it in no, we're legalizing it now
[11:37] So the person that we used advised us that we did not need that during COVID. This was in the heat of COVID
[11:43] I think it was September or July
[11:46] And that was the company that actually made that was the company that put the basketball court in that's why he's here
[11:52] That's why I'm here. So yeah, he got some bad advice from a company
[11:57] She's got bad advice from the companies that don't load around.
[12:00] Correct.
[12:01] A little history.
[12:04] When the court has three, you're at number one.
[12:09] Number one, yes.
[12:10] My first house was number three.
[12:12] Is that across the street?
[12:14] Directly across the street.
[12:15] Yeah.
[12:16] I bought that in 1968.
[12:18] Did you really?
[12:19] Did you sell it to the woman who's there now?
[12:22] Oh, I...
[12:23] Oh, I don't even know.
[12:24] she's she's older husband passed away in 2015 yeah I'm long gone from that but
[12:31] the court is so cute it's great I have three boys that grew up on that plane in
[12:35] that I love it I love it I think you mentioned your neighbors any concerns
[12:47] have any of your neighbor's voice concerns.
[12:51] Yeah, nobody has.
[12:52] I had, I got nothing.
[12:54] Did you said you put in drainage?
[12:56] We're going to.
[12:57] I just got a quote.
[12:58] I'm going to have somebody do that.
[12:59] But what is that required by any town or you're just doing that anyhow?
[13:02] No, it was retired, it was required by I think Rob or the building inspector.
[13:06] Okay.
[13:07] Yeah.
[13:07] But is it, is it defined amount of work?
[13:11] It is just to do.
[13:12] Correct.
[13:13] Yes.
[13:13] There's four Coltex that go up there.
[13:16] Okay.
[13:16] 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
[13:21] Yes, okay, and you got a permit. We have yes everything the important thing as a new home
[13:28] Fairly new
[13:30] Always get permits or at least inquire because it's going to cause you all this trouble
[13:36] Where you could be rejected? I know so it's not worth not getting a permit
[13:42] agree with you a double when you get caught with it, so
[13:47] 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.
[13:56] 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.
[14:05] I just want to make sure. Add any questions. No, no. Obviously there's one neighbor that's affected more than any other.
[14:15] The one whose neighbor brought us on to the side yard where the court is located, and that
[14:24] neighbor is aware that you're applying for this variance and has no objection.
[14:32] No objection.
[14:34] Okay.
[14:36] I visited it.
[14:38] I don't know if your wife told me, told you, but I was there.
[14:44] In fact, if I knew that he had pickleball courts, I would have brought my paddle.
[14:49] But anyway, it's a nice court that you have there.
[14:54] We actually put, you saw, if you walked up there, we put trees up there to block the neighbors.
[15:00] Okay, all right. We're going to close the public hearing.
[15:08] We have a motion. I'll make a motion
[15:11] as a former Wimbledon court neighbor. Yeah, I'm on north late now, but not there. All right.
[15:21] Do we have a second? Go ahead. I'll second it. Okay. Let's go to vote. Okay. We're going
[15:27] to do a roll call. Ed Lashins. Yes. Bob Greer. Yes. John Steepo. Yes. Ray Rodriguez. Yes.
[15:35] Thank you guys. Okay. See you didn't need to. Good luck with the renovation. You did a great
[15:41] job. Thank you. Have a good night. Thanks. I'll see you at the camp.
[15:46] You're doing a driveway. Am I? Yeah. No, I'm going to redo it, but not just I'm
[15:52] not going to add anything. Jamie at the highway department.