1. ZB# 00-02
  2. Frank Borgia
  3. 25-5-3 4
  4. "^\7
      1. APPLICATION FEE (DUE AT TIMEX)F FE.ING OF APPLICATION)
  5. *,pf
      1. NOW, THEREFORE, BE IT
      2. Building Inspector and presented at the public hearing.
      3. BE rr FURTHER
      4. Dated: April 24, 2000.
      5. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
      6. I'^L) f ' ^ /d
  6. /f/^M/2^^-^^^ f/Xh yu^
      1. 3 =1 3
  7. 1^ 1
      1. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
      2. ..19.
  8. 'Vl\
      1. a; s
      2. February 28, 2000 9
      3. MR. BORGIA: No.
      4. MR. TORLEY: Are there any other questions?
      5. MR. KANE: So it was about the safest place you could put it?
      6. MR. BORGIA: Yes, absolutely.
      7. MR. MC DONALD: Second it.
    1. NOTICE OF DISAPPROVAL OF BUILDING PERMIT APPLICATION
    2. NOTICE OF DISAPPROVAL OF BUILDING PERMIT APPLICATION
      1. building line or lines clearly and distinctly on the drawings.
  9. 1/^K A^OM
  10. /=>y^/::^KL-AtAv'AJ
      1. for a VARIANCE of the Zoning Local Law to Permit:
      2. for property situated as follows:
      3. known and designated as tax map Section _3_Sl_» BIk. 6" Lot ^ W
      4. Chairma*
    1. NOTICE OF DISAPPROVAL OF BUILDING PERMIT APPLICATION
  11. ^COP Y
      1. AppI
      2. AppKeant >
      3. AFFIDAVIT OF SERVICE BY MAIL
      4. STATE OF NEW YORK)
      5. )SS.:
      6. COUNTY OF ORANGE)
      7. PATRICIA A. BARNHART, being duly sworn, deposes and says:
  12. RECEIPT #70-2000
  13. :A ^
  14. { ^ N tr
  15. ^/-J2-C7S
  16. Town of New Windsor
  17. Assessors Office
  18. TOWN OF NEW WINDSOR
      1. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
      2. TO DR.
  19. ^ V^'^
      1. January 24, 2000 6
      2. MR. BORGIA: Yes.
      3. January 24, 2000 8
      4. MS. BARNHART: You just need the sheet.
      5. MR. BORGIA: Thank you.
      6. fool Oe^^ ^^S
      7. (b) Variance: Granted ( ) Denied ( )
      8. (c) Restrictions or conditions:
      9. Item V (b)
      10. 1) No undesirable change will be produced in the character of the neighborhood,
      11. and no detriment to nearby properties will be created.
      12. and welfare detriment to the neighborhood.
      13. 4) The proposed variance will not have an adverse effect or impact on the
      14. physical or environmental conditions of the neighborhood.
      15. 5) I did not purposely create the difficulties that are now the subject of the
      16. requested variance

ZB# 00-02

Back to top


Frank Borgia

Back to top


25-5-3 4

Back to top


"^\7
bet- KB^IOL^,
^CLAA'
?=S?SS^^*&'SSS&rii^y^tf%S
iJ^:i^^ss£^SsiS^^^^^^W*^'^^^^^^W^^^^^^^^*^'^*'^^^'*^^
'•^'^'

mmmmm-mmmmmmm^^i.mmm
"^V^r^fefoi^v



APPLICATION FEE (DUE AT TIMEX)F FE.ING OF APPLICATION)
APPLICANT: MDn<^.P.,.^^4/llc^
FILE# TJ0-'O2-
RESIDENTIAL:
S50.00
INTERPRETATION: S150.00
*
COMMERCIAL: SI 50.00
AREA"X~
APPLICATION FOR VARIANCE FEE
USE
$ ^g^

Back to top


*,pf
ESCROW DEPOSIT FOR CONSULTANT
FEES
$ 3^ .
W
'
m
DISBURSEMENTS:
STENOGRAPHER CHARGES: S4.50 PER PAGE
. PRELEVGNARY MEETING-PER PAGE
J/2^ld^,-!i,
S
1"^. trO
2ND PRELIMINARY- PER PAGE
.iJ?J}Pk ~ rl. S }
P>.
oO
3RD PRELIMINARY- PERPAGE
S
PUBLIC HEARING - PER PAGE
S
PUBLIC HEARING (CONT'D) PER PAGE
.$
TOTAL
S
.3lo ,00
ATTORNEY'S FEES: $35.00 PER MEEETING
PREUM. MEETING:
J^Jz^jop.
^j2S±^^
2ND PRELIM.
^LZi LQO.
S
^^. OO
3RD PRELIM.
$
PUBLIC HEARING.
S
PUBLIC HEARING (CONTD)
S
TOTAL
$
l-Q^^O
MISC. CHARGES:
S
TOTAL
%\01D
.
on
LESS ESCROW DEPOSIT
S
800^ OO
(ADDL. CHARGES DUE)
$
REFUND DUE TO APPLICANT. .S
I9H>00
#(0
1i

NEW WINDSOR ZONING BOARD OF APPEALS
25-5-34
X
In the Matter of the Application of
MEMORANDUM OF
DECISION GRANTING
FRANK BORGIA
AREA VARIANCES
#00-02.
WHEREAS, FRANK BORGIA,
residing at 508 Balmoral Circle, New Windsor, New
York 12553, have made application before the Zoning Board of Appeals for a 7 ft. rear yard
variance for existing deck; 2 ft. 2 in. side yard and 3 ft. rear yard variance for existing pool; and 9
ft. rear yard and 8 ft. side yard variances for existing shed at above address in an R-4 zone; and
WHEREAS,
a public hearing was held on the 28th day of February, 2000 before the
Zoning Board of Appeals at the Town Hall, New Windsor, New York; and
WHEREAS,
Applicant appeared on behalf of this Application; and
WHEREAS,
there no spectators appearing at the public hearing; and
WHEREAS,
no one spoke in opposition to this Application; and
WHEREAS,
a decision was made by the Zoning Board of Appeals on the date of the
public hearing granting the application; and
WHEREAS,
the Zoning Board of Appeals of the Town of New Windsor sets forth the
following fmdings in this matter here memorialized in fiirtherance of its previously made decision
in this matter:
1. The notice of public hearing was duly sent to residents and businesses as prescribed by
law and in The Sentinel also as required by law.
2. The evidence presented by the Applicant showed that:
(a) The property is a residential property consisting of a one-family home located in a
neighborhood containing one-family homes.
(b) The existing pool and shed are designed to promote water drainage and to not
create any ponding or collection of water.
(c) The deck, pool and shed are not be constructed on top of any water or sewer
easements.

(d) The deck, shed and pool are not constructed on top of any well or septic system.
(e) The pool and shed have been in existence since 1983.
(f) The deck was present when Applicant purchased the residence.
(g) The house is so situated that without the existing deck it would be difficult to
access the back of the house.
WHEREAS,
The Zoning Board of Appeals of the Town of New Windsor makes the
following conclusions of law here memorialized in furtherance of its previously made decision in
this matter:
1. The requested variances will not produce an undesirable change in the character of the
neighborhood or create a detriment to nearby properties.
2. There is no other feasible method available to the Applicant which can produce the
benefits sought.
3. The variances requested are substantial in relation to the Town regulations but
nevertheless are warranted for the reasons listed above.
4. The requested variances will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or zoning district.
5. The difficulty the Applicant faces in conforming to the bulk regulations is self-created
but nevertheless should be allowed.
6. The benefit to the Applicant, if the requested variances are granted, outweigh the
detriment to the health, safety and welfare of the neighborhood or community.
7. The requested variances are appropriate and are the minimum variances necessary and
adequate to allow the Applicant relief from the requirements of the Zoning Local Law and at the
same time preserve and protect the character of the neighborhood and the health, safety and
welfare of the community.
8. The interests of justice will be served by allowing the granting of the requested area
variances.
NOW, THEREFORE, BE IT
RESOLVED,
that the Zoning Board of Appeals of the Town of New Windsor GRANT a
request for a 7 ft. rear yard variance for existing deck; 2 ft. 2 in. side yard and 3 ft. rear yard
variances for pool; and 9 ft. rear yard and 8 ft. side yard variance for existing shed at the above
residence, in an R-4 zone as sought by the Applicant in accordance with plans filed with the

Building Inspector and presented at the public hearing.
BE rr FURTHER
RESOLVED, that the Secretary of the Zoning Board of Appeals of the Town of New
V^dsor transmit a copy of this decision to the Town Clerk, Town Planning Board and Applicant.
Dated: April 24, 2000.
Chai


TO
Date
TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
£rMk....Z...3m^.:.
/^
-^c
cc
DR.
j
DATE
1
i
5
!
1
J
j
i
^0
A//yyp£2^ Xf/:y?j?yyA!^e/p^r//^^/^'dZ
/
I'^L)
f '
^ /d

Back to top


/f/^M/2^^-^^^
f/Xh yu^
u
CLAIl
/
ilED
ALLOWED

STATE OF NEW YORK,
TOWN OF NEW WINDSOR
>ss.
I hereby certify, that the items
of
this account are correct;
that the disbursements and services
charged therein have in fact been made and rendered, and that no part
thereof
has
been paid or satisfied, that the
amount herein mentioned is in full settlement for
all
ser/ices
rendered and materiab furnished.
Sign Here
o
5?
c
•a
a;
s
•3
c
a
o
^ I s?
00
-**
'o
B
o
«
u
%
5
CO
«0
3 =
1
3
o
i3
w
1^

Back to top


1^
1
O
a
o
a
CO
«
9
CO
w
to
01
I

Date
W
TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
..19.
TO...
.....g.fjnpes.Hath
J^^,^v0^uryLane
DR.
DATE
'^WrKJi
(^60^ /??/&
#?^^
V
^
jVZ OeA;d.op.ovsL.or-
%
r:>riiqAa.- ^
\ .(bfi)t\
e -^ '3
Q^r^^^i^U-- ^
r^xvxa.-v -
^
\Y\A,u^n^^
-^ V^

Back to top


'Vl\
\\J
CXAIMED
IS-
\Sd
--'^= ^
.955"
dA;
ca
—-
<7I>
ALLOWED

STATE OF NEW YORK,
TOWN OF NEW WINDSOR
*ss.
I hereby certify, that the items of this accoimt are correct; that the disbursements and services
charged therein have in fact been made and rendered, and that no part thereof has been paid or satisfied^ that the
amount herein mentioned is in full settlement for all services renderedf^d materials furnished.
Sign Here
o
I?
a
OJ
s
!?
«!
•a
V
£
"5
o
••J
c
<
^ «
T3
0)
O
^
• -tJ
c
1
^
•a
9.
S
•o
c
a;
s
CO
n
+^
(Q
^
«3
«
a
>>
JO
Xi
a
PI
>
>-l
V
o
V
o
••*
•«-•
CO
"
Si
3
•O
o
PQ
8
o
B
•o
09
>>
CO
5
c
o
o
o
H
o
CD
c
CS
•O
«)
9
ca
aa
CO
^
O
5
I
!/

February 28, 2000
6
PUBLIC HEARINGS;
BORGIA, FRANK & JACQUELINE
Mr. Frank Borgia appeared before the board for this
proposal.
MR. TORLEY: Request for (1) 7 ft. rear yard variance
for existing deck; (2) 2 ft. 2 in. side yard and 3 ft.
rear yard variances for pool; and (3) 9 ft. rear yard
and 8 ft. side yard variance for existing shed at 508
Balmoral Circle in an R-4 zone.
MR. BORGIA: What I'm requesting is an area variance
for the rear yard for the deck, the pool and the shed.
The requirement for the pool and the shed is ten feet.
I think the pool is, on one side is the pool and the
shed are in the far rear corner of the yard in the same
corner of the yard I think the pool is 7 foot 10 inches
on the one side, 7 feet on another. The requisite
requirement is 10. The shed's two feet on one side and
one foot on the other right in the corner of the yard.
The pool and the shed, I'll talk about the deck later,
the pool and the shed have been up since approximately
1983, '84, in that timeframe. They were put up
approximately the same time. We were aware at the time
we, it's an above-ground pool, we were aware at the
time we put the pool up that we were not required to
obtain a permit. We knew that because it's an
above-ground pool, what we didn't know at time is that
there was a requirement for a ten foot area variance
for both the shed and the pool. We have sold our house
right now, we have a buyer, we're in the process of
selling, closing, hopefully by the end of March because
of the distance between the shed and the pool, it would
be virtually impractical, even if we wanted to, not
impossible, but impractical to move the shed at the
present time because there's only a couple of foot
clearance between the pool and the shed and the shed is
8x8 and it would be very difficult to move the shed
with the pool where it is because there's not enough
clearance. There's a 6 foot fence around the yard
presently which is right behind the shed. As I said,
they have been there since 1983, we didn't know, so it
wasn't a willful violation prior to putting the pool

February 28, 2000
7
up. We did inquire with each of our neighbors on, the
two closest 'neighbors in the rear and the side just to
make sure as a courtesy, especially for the pool
because it was an above-ground pool, but like I said,
we had no idea that it required the ten foot clearance.
If we were, to take the pool down, which is always an
option prior to selling, we'd have a problem not
potentially but almost definitely with the current
buyers of our house because when we sold the house, we
didn't know we were going to have this problem relative
to the deck, the deck is 3 3 feet from my neighbors,
from the rear property line, the requirement is 40, I
believe is 40 foot requirement. When we moved into the
house, there was a deck there, although the Town's
records I'm told indicate that there wasn't a deck, but
believe me, there was, and we have pictures, there was
a deck up, I can't believe they let us move into a
second story house without a deck, talk about safety
violations. But there was a deck up, it had no porch,
it was approximately the same size as the deck now a
little bit smaller with no steps but very unsafe. I
propped it up as long as I could, changed the rotted
boards, but we had to replace the deck. Since it was a
replacement deck, I had no idea at the time we replaced
the deck that we would need a permit, however, during
the construction of the deck, we were told that we
needed a permit, the deck was down, we came up to the
town to request a permit, the permit was not granted
because they said that the deck had to be 4 0 feet from
the rear yard. My argument was the deck is already
down and the previous deck wasn't 4 0 feet from the rear
yard and given the circumstances, I had to put the deck
up because we had no deck. Town said no they wouldn't
grant the permit so I authorized the deck to be put up.
I wrote a letter to the Town requesting reconsideration
of that previous request and they never responded to
that, so we put the deck up again, not a willful
violation and certainly there's no safety infringements
with the deck being 33 feet as opposed to 40 feet, and
the same with the shed and with the pool. So, I
request that the variance be granted for the area
variance for the three items.
MR. KANE: Over the years, Mr. Borgia, any complaints?

February 28, 2000
8
MR. TORLEY: Is there anyone in the audience who wishes
to address this matter? Let the record show there's
none.
MR. BARNHART: I just want to make something for the
record here that 70 notices went out to adjacent
property owners on February 9 in conformance with the
assessor's list.
MR. KANE: Any complaints informal or formal about the
pool or the deck over the years or the shed itself?
MR. BORGIA: Never, no.
MR. KANE: Create any ponding of water in the yard, any
water hazards whatsoever?
MR. BORGIA: No, sir.
MR. KANE: If the deck wasn't there, it would be a
safety hazard coming out the sliding door?
MR. BORGIA: Yeah, it's about 7 feet up.
MR. KANE: The deck and the shed pool basically conform
to what the neighborhood looks like, everybody else has
similar type decks and sheds in the yard?
MR. BORGIA: Yeah, approximately the same.
MR. KRIEGER: It's a one-family house in a neighborhood
of one family homes, right?
MR. BORGIA: Yes, that's right.
MR. TORLEY: And you have not built the shed or pool
over any easements or sewer lines?
MR. BORGIA: No.
MR. KRIEGER: Or the shed?
MR. BORGIA: Or the shed.
MR. KRIEGER: Not over well or septic system?

February 28, 2000
9
MR. BORGIA: No.
MR. TORLEY: Are there any other questions?
MR. KRIEGER: You located the shed and the deck, the
deck and the pool in the corner of the yard, why?
MR. BORGIA: Well, because the yard's not that large
and when you put, you know, obviously not aware of the
requirement for it to be ten feet, you put it as far
out of the way as you can, still have some clearance to
cut the grass around it, that was my concern since I
put it not knowing the requirement for the ten feet, my
only concern was that my neighbor was, neighbors on
either side would be concerned with the above-ground
pool that wasn't there previously.
MR. KANE: So it was about the safest place you could
put it?
MR. BORGIA: Yes, yes, had I known of the ten foot
requirement, it would have been just as easy to move it
a couple feet when we installed it.
MR. TORLEY: At the present time, it would be an
economic hardship to remove these or move these?
MR. BORGIA: Yes, absolutely.
MR. KANE: Mr. Chairman, I move that we approve the
application by Mr. Frank Borgia for his requested
variances at 508 Balmoral Circle.
MR. MC DONALD: Second it.
ROLL CALL
MR. MCDONALD
MR. REIS
MR. KANE
MR. TORLEY
AYE
AYE
AYE
AYE

OFFICE OF THE BUILDING INSPECTOR
TOWN OF NEW WINDSOR
ORANGE COUNTY, NEW YORK
NOTICE OF DISAPPROVAL OF BUILDING PERMIT APPLICATION
APPLICANT IS TO PLEASE CONTACT THE ZONING BOARD SECRETARY AT (914)563-4630 TO
IVIAKE AN APPOINTMENT WITH THE ZONING BOARD OF APPEAL5.
DATE: January 5, 2000
APPLICANT: Frank Borgia
^COP Y
508 Balmoral Circle
New Windsor, New York 12553
PLEASE TAKE NOTICE THAT YOUR APPLICATION DATE:
FOR : Existing 4' above ground pool
LOCATED AT: 508 Balmoral Circle
ZONE: R-4
DESCRIPTION OF EXISTING SITE: 25-5-34
IS DISAPPROVED ON THE FOLLOWING GROUNDS:
1 .Existing 4' above ground pool does not meet minimum required rear and side yard set back.

PERMITTED 10'
Z0NE:R-4
USE: 48-
MIN. LOT AREA:
MIN LOT WIDTH:
REQ'D.. FRONT YD:
REQ'D.SIDEYD:
REQD. TOTAL SIDE YD: •
REQ'D REAR YD:
REQ'D FRONTAGE:
^L^X.
BLDG. HT.:
FLOOR AREA RATIO:
MIN. LIVABLE AREA:
DEV. COVERAGE:
/^^ o^.mdy^ .^^c^
/"
"6UILDfN(tlNSPECT0R
PROPOSED OR
V.AJUANCE
AVAILABLE:
REQUEST:
-21-G-(1)
7'-10"
2'-2"
f
3'
cc: Z.B.A.. APPLICANT, FILE .W/ ATTACHED MAP

^^^o
,0
00 L
PLEASE ALLOW FIVE TO TEN DAYS TO PROCESS
lUPORTANT
YOU MUST CALL FOR ALL REQUIRED INSPECTIONS OF CONSTRUCTION
Other inspectk}ns wifl be made in most cases but those fisted below must be made or Certifk;ate of Occupancy may be withheki. [}o not mistake
an unscheduled vispection for one of those listed below. Unless an inspectkm report is left on the job indnating s^provai of one of ttiese inspectkxis it
has not been approved and it is imprc^ to continue beyond that point in the work. Any disapproved wodc must be reinspected after con'ecfion.
I. When excavating is complete and footing forms are in place (before pouring.)
Z> Foundatkm inspection. Check here for waterproofing and footing drains.
3. Inspect gravel base under concrete floors and underslab plumbing.
4. When fi'aming, rough plumbing, rough electric and before being covered.
5. Insulation.
6. Find inspection for Certificate of Occupancy. Have on hand eledrkiai inspection data and final certified plot plan. Building is to be
completed at this time. Well water test required and engineer's certification letter for septic system required.
7. Driveway inspection must meet approval of Town Highway Superintendent A driveway bond may be required.
8. $50.00 charge for any site that calls for the inspection twice.
9. Call 24 hours in advance, with pemiit number, to schedule inspection.
10. There will be no inspections unless yellow permit card is posted.
II. Sewer pemiits must
be
obtained along with building permits for new houses.
12. Septic permit must be submitted with engineer's drawing and perc test
13. Road opening pennits must be obtained from Town Cleric's office.
FOR OFFICE USE ONLY:-^
^
Building Permit #:
£?>L^^-€^UO
14. All building permits will need a Certificate of Occupancy or a Certificate of Compliance and here is no fee for this.
AFFIDAVIT OF OWNERSHIP AND/OR CONTRACTOR'S COMP & UABIUTY INSURANCE CERTIFICATE IS
REQUIRED BEFORE PERMIT WILL BE ISSUED
PLEASE PRINT CLEARLY - FILL OUT ALL INFORMATION WHICH APPLIES TO YOU
Owner of Premises V
^ ^
'^ F
^
--^ ^^^-CfL^e 1"t^- <?.
MOr<Pt <^^
Address o O'^
f3ia I
^^
c '~n .
L
o
Phone S6-2.-^3o7
Mailing Address
Kl
JL
<AJ
Ai.
oi <- r- V-
JUAZ.
.^^^•3
Name of Architect
Address
Phone
Name of Contractor,
Address
Phone
Statewhether applicant is owner, lessee, agent, architect, engineer or bulkier.
If applicant is a corporation, signature of duly autiiorized officer.,
r- <.J f^ ? V
(Name and titie of corporate officer)

1. Cn what street is property located? On the
/^* -^ H
L
side of
IJ-.X\ r^..-
-i ' 'v- ; ,- c !'<;.
(N.S.E'orW)
and
feet from' the inlersecfon of
2. Zone or use district in which premises are situated
is property a flood zone? Y
^N
3. Tax Map Description: Section
~
\'
Block
s
Lot
2jr
4. State existing use and occupancy of premises and intended use and occupancy of proposed construction.
a. Existing use and occupancy f v e s . -A -i r^ c <
b. Intended use and occupancy
K
r' •^-.ri e
rv<^^^
5. Nature of work (check if applicable)
NewBldg D Addition p:-Alteration Q
Repair D Removal D
Demolition D _ Othe^fec^
6. Is this a corner lot?
N o
-
P>^}SYJ^(^
7. Dimensions of entire new constnjction. Front
Rear
Depth
Height
No. of stories
8. If dwelling, number of dwelling units:
Number of dwelling units on each floor
Number of bedrooms
Baths
Toilets
^Heating Plant: Gas
(x
Oil
Electric/Hot Air
Hot Water.
If Garage, number of cars
9. If business, commercial or mixed occupancy, specify nature and extent of each type of use
10. Estimated cost
^
v
3
o O
O <^
. Fee

APPLICATION FOR BUILDING PERMIT
date
TOWN OF NEW WINDSOR, ORANGE COUNTY, NEW YORK
Pursuant to New York State
Building
Code and Town Ordinances
Building Inspector Michael L. Babcock
BIdg Insp Examined.
Asst Inspectors Frank Lis! & Louis Krychear
Fire Insp Examined.
New
Windsor Town Hall
Approved.
555 Union Avenue
Disapproved.
New
Windsor, New York 12553
Permit No.
(914)563^618
(914) 5634693 FAX
INSTRUCTIONS
A. This application must be completely filled In by typewriter or in ink and submitted In duplicate to the Building Inspector.
B. Plot plan showing kxiation of tot and buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed
descriptfon of layout of property must be drawn on the diagram, which is part of this application.
C. This application must be accompanied by two complete sets of plans showing proposed constnjctlon and two complete sets of
spedficatfons. Plans and specifications shall describe the nature of the worit to be performed, the materials and equipment to be used and
installed and details of stmctural, mechanic^ and plumbing installations.
D. The work covered by this application may not be commenced before the issuance of a Building Permit
E. Upon approval of this applfcation, the Building Inspector will issue a Building Permit to the applicant together with approved set of plans and
specifications. Such permit and approved plans and spedfications shall be kept on the premises, available for inspection throughout the
progress of the wori(.
F. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted
by the BuikJing Inspector.
APPLICATION IS HEREBY
MAJDE
to the Building Inspector for the issuance of a BuiWing Permit pursuant to flie New Yoric BuikJing Constmctkwi
Code Ordinances of Bie Town of New Windsor for the construction of buildings, additkMis, or alterations, or for removal or demolition or use of
property as herein described. The applicant agrees to comply with all applicable laws, ordinances, regulations and certifies that he is the owner
or agent of all that certain lot, piece or parcel of land and/or building described in this application arid if not the owner, that he has been duly and
property authorized to make this appllcafion and to assume responsibility for the owner in connection with this application.
/(Signature of Applicant)
j^/
j;?tAddressof^piicant)
(Ovmer's Signature) .
(Owner's Address)
PLOT PUN

NOTB:
Locate all buildings and indicate all set back dimensions. Applicant must indicate the
building line or lines cleariy and distinctly on the drawings.
N
W
\
1 r

o
2:

OFFICE OF THE BUILDING INSPECTOR
TOWN OF NEW WINDSOR
ORANGE COUNTY, NEW YORK
NOTICE OF DISAPPROVAL OF BUILDING PERMIT APPLICATION
APPLICANT IS TO PLEASE CONTACT THE ZONING BOARD SECRETARY AT (914)563-4630 TO
MAKE AN APPOINTMENT WITH THE ZONING BOARD OF APPEALS.
DATE: January 5,2000
APPLICANT: Frank Borgia
508 Balmoral Circle
New Windsor, New York 12553
PLEASE TAKE NOTICE THAT YOUR APPLICATION DATE:
FOR : Existing 12x12 Rear deck
LOCATED AT: 508 Balmoral Circle
ZONE: R-4
DESCRIPTION OF EXISTING SITE: 25-5-34
IS DISAPPROVED ON THE FOLLOWING GROUNDS:
1.Existing rear deck does not meet minimum Rear yard set back.
COPY

PERMITTED 40'
ZONE: R-4
USE: 8-G
MIN. LOT AREA:
MIN LOT WIDTH:
REQ'D. FRONT YD:
REQ'D.SIDEYD:
REQD. TOTAL SIDE YD:
REQ'D REAR YD:
REQ'D FRONTAGE:
MAX. BLDG. HT.:
FLOOR AREA RATIO:
MIN. LIVABLE AREA:
DEV. COVERAGE:
PROPOSED OR
AVAILABLE:
33'
VARIANCE
REQUEST:
r
cc: Z.B.A., APPLICANT, FILE ,W/ ATTACHED MAP

PLEASE ALLfiOUtBVE^'O TEN DAYS TO PROCESS
U^
..
,
lUPOfiTAHr
YOU MUST CALL FOR ALL REQUIRED INSPECTIONS OF CONSTRUCTION
Other inspections wifl be made in riwst cases but those listed below must be made or (^fjcate of Ooc^
Donotmistake
an unscheduled inspection for one of those listed bekw. Unless an inspedton report is left on the job indkating approval of one of these inspections it
has not been approval and it is improper to continue beyond that point in the work. Any disapproved wori^ must be
r^pe^tsM^mtp^n.
I. When excavating is complete and footing forms are in place {before pouring.)
2: Foundatroninspectfon. Check here for waterproofing and footing drains.
JAM 0 ^ 2000
3. Inspect gravel base under concrete fkxMB and underslab plumbing.
4. When framing, rough plumbing, rough electric and before being covered.
m nt r^ mr. n-nA OTA -
5. Insulation.
BUlLOtMGDfcPAHTA/lCri:
6. Final inspectwn for Cerfifrcate of Occupancy. Have on hand electrical inspection data and final certified plot plan. Buikfing is to be
comi^eted at this time. WeU water test required and engineer's certification letter for septic system required.
7. Driveway inspection must meet approval of Town Highway Superintendent A driveway bond may be required,
8. $50.00 charge for any site that calls for the inspection twice.
9. Call 24 hours in advance, with pemiit number, to schedule Inspection.
10. There will be no inspectwns unless yellow permit card is posted.
II. Sewer permits must be obtained along wi&i building permits for new houses.
12. Septic pencil must be submitted with engineer's drawing and perc test
13. Road opening permits must be obtained from Town Cleric's office.
14. All building permits will need a Certificate of Occupancy or a Certificate of Compliance and here is no fee for this,
AFFIDAVIT OF OWNERSHIP AND/OR CONTRACTOR'S COMP & LIABIUTYINSURANCE CERTIFICATE IS
REQUIRED BEFORE PERMIT WILL BE ISSUED
PLEASE PRINT CLEARLY - FILL OUT Aa INFORMATION WHICH APPLIES TO YOU
Owner of Premises ,^^^.v//—J-—jT ^
^ ^ \.'Jf /- ] ^ ,-ir.
y)^
<^, G ' ^<3^
Address -T^ V^
/f3^
i M O f?/r <
C/'RC'^^
Phone .jT"^.^
/ J?/^ ^
Mailing Address
AJJB c<^ L ^
>i)/^'if^^
K)
\/
/ ^
'^^^'?
FOR OFFICE USE ONLY:
Building Permit
^:
.
3~oljyrJ-r;)
Name of Architect
Address
:
Phone_
Name of Contractor
^^___
_ ^
^
Address
:
^Phone
Slate whether applicant is owner, lessee, agent, architect, engineer or bulkier
/^ycc/
/C-^J^ ^
If applicant is a corporation, signaUire of duly authorized officer.
(Name aid title of corporate officer)

1. On what street is property located? On the
/^
/•'
-i^
/^/^
side of A^^^.^ A-;>/)y?^^y
/^//Q^CA./^
(N.S.E-orW)
and
feet from the intersection of
2. Zone or use district in which premises are situated
Is property a flood zone? Y
N -V-^
3. Tax Map DescripUon: Section
O
'^L
>
Block
h
Lot
—)
3
4. State existing use and occupancy of premises and intended use and occupancy of proposed constmction.
a. EjQsting use and occupancy
,T)
tr< */7 ryt^'C-
^
b. Intended use and occupancy
,/Y^5
l.!0-:rjU'^^
J?<^^A
5. Nature of work (check if applicable)
New Bldg O Addition D Alteration D
Repaii^^^^emoval D
Demolition D
Q^hB^JSl^ Ly^<^/<!
6. Is this a corner lot?
K^ /^^
} ^^
^X
7. Dimensions of entire new constmction. Front
Rear
Depth
Height
No. of stories
8. If dwelling, number of dwelling units:
Number of dwelling units on each floor
Number of bedrooms
Baths
Toilets
Heating Plant Gas
Oil
Electric/Hot Air
Hot Water
If Garage, number of cars
9. If business, commerdal or mixed occupancy, specify nature and extent of each type of use
10. Estimated cost
I
^r^nOO
Fee,

date
APPLICATION FOR BUi:
DIHG
PERMIT
TOWN OF NEW WINDSOR, ORANi .£ COUNTY, NEW YORK
Pii- suant to Nev/ York State Building .ode and Town Ordinances
Building Inspector: Michael L. Babcock
Asst. Inspectors Frank i^lsi & Louis Ktychear
New VWndsor Town Hall
555 Union Avenue
New Windsor, New York 12553
(914) 563-4618
(914)563^693 FAX
BIdg Insp Examined.
Fire Insp Examined.
Approved.
Disapproved.
Permit No.
INSTRUCTIONS
A. Tills application must be completely filled In by typewriter or in ink and submitted In duplicate to the Building Inspector.
B. Plot plan showing location of lot and bwildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed
description of layout of properly must -JO drawn on the diagram, which is part of this application,
C. This applicalion must be accompanieii by two complete sets of plans showing proposed conslruclion and two complete sels of
spedRcalions. Plans and specilicalions shall describe the nature of the work to be performed, the materials and equipment to be used and
Installed and details of structural, mer lianical and plumbing Installations.
D. The worit covered by this applicalion n-ay not be commenced before Hie issuance of a Building Pemiit.
E. Upon approval of tliis application, the Liiilding Inspector will issue a Building Permit to the applicant together with approved set of plans and
specifications. Such permit and appn.ved plans and specifications shall be kepi on the premises, available for inspection throughout the
progress of the work.
F. No building shall be occupied or used.. v/hole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted
by the Building Inspector.
APPLICATION IS HEREBY MADE lo 11. ouilding Inspector for Ihe issuance of a Building Pemiil pursuant to the New Yori( Building Conslruclion
Code Ordinances of the Town of New Wir. or for the construction of buildings, addilions, or alterations, or for removal or demolition or use of
property as herein described. The applicar. agrees lo comply willi all applicable laws, ordinances, regulations and certifies that he is tlie owner
or agent of all tiiat certain lot, piece or parcul of land and/or building described
in
this applicalion and if not the owner, that he has been duly and
propertipeny
y
aulh^pr^eauinpjHi d to make tills application and
lo
assume responsibility for the ov/ner in connection with Ihis applicalion.
;^^-x-l^>^
{^Z^^--~/^-t^->^^
(SgnalureofApplicanl)
(Address of Applicant)
(Owner's Signature)
PLOT PUN
(Owner's Address)

Huit:
Locate
all
buildings and indicate all set back dimensions. Applicant must Indicate the
building line or lines clearly and distinctly on the drawings.
N
W

I hereby certify to the Provident Savings and Loan Association of
Haiverstraw, New York, and the American Title Insurance Company that
the house is located entirely within the hounds of .the lot as sh^/n.'

Back to top


1/^K
A^OM

Back to top


/=>y^/::^KL-AtAv'AJ
0
£::o^j^/T)/
P^
<:?.<>?/v/is:^
-<::^^j[=^
- /
^

PUBUC NOTICE OF HEARING
ZONING BOARD OF APPEALS
TOWN OF NEW WINDSOR
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the TOWN OF
NEW WINDSOR, New York, wiU hold a Public Hearing pursuant to Section 4S-34A of the
Zoning Local Law on the following Proposition:
£
Appeal No.
c<L-
Request of
\-\t(KJ^
i
jAcyuel"^g
^oorgjv
for a VARIANCE of the Zoning Local Law to Permit:
being a VARIANCE of Section
l\<;^-\7r\(v\}\^
Vrf U^ Isjligj
(^.-(JkfrQ
-
for property situated as follows:
known and designated as tax map Section _3_Sl_» BIk. 6" Lot ^ W
PUBLIC HEARING wiU take place on the(22_ day of U^IOAJJ 07)/^ , 20 DO at the
New Windsor Town Hall, 555 Union Avenue, New Windsor, New York li^inning at 7:30
o'clock P.M.
Chairma*

t
%
OFFICE OF THE BUILDING INSPECTOR
TOWN OF NEW WINDSOR
ORANGE COUNTY, NEW YORK
NOTICE OF DISAPPROVAL OF BUILDING PERMIT APPLICATION
APPLICANT IS TO PLEASE CONTACT THE ZONING BOARD SECRETARY AT (914)563-4630 TO
MAKE AN APPOINTMENT WITH THE ZONING BOARD OF APPEALS.
DATE: January 5, 2000
APPLICANT: Frank Borgia
508 Balmoral Circle
New Windsor, New York 12553
PLEASE TAKE NOTICE THAT YOUR APPLICATION DATE:
FOR : Existing 8'x8'Shed
LOCATED AT: 508 Balmoral Cirlce
ZONE: R-4
DESCRffTION OF EXISTING SITE: 25-5-34
IS DISAPPROVED ON THE FOLLOWING GROUNDS:
1 .Existing 8x8 shed does not meet minimum side and rear yard set backs.

Back to top


^COP Y

PERMITTED 10'
PROPOSED OR
VARIANCE
AVAILABLE:
REQUEST:
ZONE: R4
USE: 48-I4-A-(l)-(B)
MIN. LOT AREA:
MIN LOT WIDTH:
REQ'D..Eft^fTYD:
1'
9'
REQ'D. SIDE YD:
2'
8'
REQD. TOTAL SIDE YD:
REQ'D REAR YD:
REQ'D FRONTAGE:
MAX. BLDG. HT.:
FLOOR AREA RATIO:
MIN. LIVABLE AREA:
DEV. COVERAGE:
cc: Z.B.A., APPLICANT, FILE ,\V/ ATTACHED MAP

PLEASE ALLOW FIVE TO TEN DAYS TO PROCESS
mPORTANT
YOU MUST CALL FOR AU REQUIRED INSPECTIONS OF CONSTRUCTION
Other inspections wiH be made in most cases but those listed beiow must be made or Certificate of Occupancy may be vnthheid. Do not
misiake
an unscheduled inspection for one of those listed below. Unless an inspection report is left on the job indicating approval of one of these inspections it
has not been approved and it is improper to continue beyond that point in the work. Any disapproved wofk must be reinspected after conection.
I. When excavating IS comf^ete and footing forms are in place (before pouring.)
2i Foundation Inspection. Chedc here for waterproofing and footing drains.
3. inspect gravel base under concrete floors and understab plumbing.
4. When framing, rough plumbing, rough electric and before being covered.
5. Insulation.
6. Final inspection for CertificatB of Occupancy. I~iave on hand electrical mspecfion data and final certified plot plan. Building is to be
completed at this time. Well water test required and engineer's certification letter for septic system required.
7.. Driveway Inspection must meet approval of Town Highway Superintendent A driveway bond may be required.
8. $50.00 diarge for any site that calls for the inspection twice.
9. Call 24 hours in advance, with perniit number, to schedule inspection.
10. Hiere will be no inspections unless yellow pemitt card is posted.
II. Sewer peimits must be obtained along wth building permits for new houses.
12. Septic pennit must be submitted with engineer's drawing and perc test
13. Road opening permits must be obtained from Town Cleric's office.
14. All building pennits will need a Certificate of Occupancy or a Certificate of Compliance and here is no fee for ttiis.
AFFIDAVIT OF OWNERSHIP AND/OR CONTRACTOR'S COMP & UABIUTYINSURANCE CERTIFICATE IS
REQUIRED BEFORE PERMIT WILL BE ISSUED
PLEASE PRINT CLEARLY - FILL OUT ALL INFORMATION WHICH APPLIES TO YOU
FOR OFFICE USE ONLY:/
Building Permit
if:
'—d^X^D
Owner of Premises—
Address
^"b.^
(2Ay^..^\
CvcAf
Phone
S-UZ-^Jc^l
Mailing Address
Alg<-<^
/2, rr ?
•_
Name of Architect
Address
:
Phone,
Name of Contractor
Address
.
^Phone _
State whetiier applicant is owner, lessee, agent, architect, engineer or builder
(^ IK^' Yl <L
V
If applicant is a corporation, signature of duly authorized officer._
(Name and titie of corporate officer)

1. On what street is property located? On the AJ
~j,r4-
k
side of A.-. I :rw
o^..^
i
C
:
•—: I
-P
{N.S.Eqr.W)
and
feet from the intersection of
2. Zone or use district in which premises are situated
Is property a flood zone? Y
H
3. Tax Map Description: Section
— ^
Block
^SI
Lot
3 'V
4. State existing use and occupancy of premises and intended use and occupancy of proposed construction.
a. Existing use and occupancy ^ ei.;?>.r4
^. r- c.^
b. Intended use and occupancy
<.s./ -J enc^-g. ••
5. Nature of work {check if applicable)
NewBldg D Addition ^,<Alteralion D
Repair D Removal D
Demolition D
OlhetScT
6. Is this a comer lot?
Mo
5"
A/^O
7. Dimensions of entire new constnjction. Front
Rear
Depth
Height
No. of stories.
8. If dwelling, number of dwelling units:
Number of dwelling units on each floor
Number of bedrooms
Baths
Toilets
Heating Plant Gas
^"-"^
Oil
Electric/Hot Air.
Hot Water
If Garage, number of cars
9. If business, commercial or mixed occupancy, spedfy nature and extent of each type of use
y'V ".V^w
^'
10. Estimated cost > ^
^S^<nr^f
W^IHTb
-ff \
O Oi:)
Fee.
i

APPLICATION FOR BUILDING PERMIT
date
TOWN OF NEW WINDSOR, ORANGE COUNTY, NEW YORK
Pursuant to
New
York State Building
Code and Town
Ordinances
Building Inspecton Michael L. Babcock
BIdg Insp Examined.
Asst Inspectors Frank Lis! & Louis Krychear
Fire Insp Examined.
New Windsor Town Hall
Approved.
555 Union Avenue
Disapproved.
New Windsor. New York 12553
Pemiit No.
{914)563^618
(914) 563-4693 FAX
. INSTRUCTIONS
A. This application must be completely filled in by typewriter or in ink and submitted In duplicate to the Building Inspector.
B. Plot plan showing location of lot and buildings on premises, relationship to adjoining premises or publk; streets or areas, and giving a detailed
description of layout of property must be drawn on the diagram, wrfilch is part of this application.
0. This application must be accompanied by two complete sets of plans showing proposed constmction and two complete sets of
specifications. Plans and specifications shall describe ttie nature of the work to be perfonned, the materials and equipment to be used and
Installed and details of structural, mechanical and plumbing installations.
D. The wori( covered by this application may not be commenced before the issuance of a Building PemfiiL
E. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant together with approved set of plans and
spedfications. Such permit and approved plans and spedfications shall be kept on the premises, available for inspection throughout the
progress of ttieworit.
F. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted
by tile Building Inspector.
APPLICATION IS HEREBY MADE to the Building Inspector for Bie issuance of a Building Pennit pursuant to tiie New Yori^ Building Conslnidron
Code Ordinances of tiie Town of New Windsor for Hie construction of buildings, additions, or alterab'ons, or for removal or demolition or use of
property as herein described. The applicant agrees to comply with all applicable laws, ordinances, regulations and certifies that he is the owner
or agent of all that certain lot, piece or parcel of land and/or building described in tills application and if not ttie owner, that he has been duly and
^
property authorized to make this application and to assume responsibility for the owner in connection wiUi tiiis application.
{Signature of Applicant)
i>^''
^
{Address of Applicant)
{Owner's Signature)
{Owner's Address)
PLOT
PUVN

NOTE:
Locate ail buildings and indicate all set back dimensions. Applicant must indicate the
building line or lines cleariy and distinctly on the drawings,
N
W

ZONING BOARD OF APPEALS : TOWN OF NEW WINDSOR
COUNTY OF ORANGE : STATE OF NEW YORK
-:
• -
•-•;
:
-•
X
In the Matter of the Application for Variance of
AppI
AC iTxai.i.ci ui uic /^ppiicauuu lor v ariaucc ui
AppKeant >
AFFIDAVIT OF
SERVICE BY
MAIL
#
W-02.
STATE OF NEW YORK)
)SS.:
COUNTY OF ORANGE)
PATRICIA A. BARNHART, being duly sworn, deposes and says:
That I am not a party to the action, am over 18 years of age and reside at 7 Franklin
Avenue, Windsor, N. Y. 12553.
That on
^1^0
, I compared the
0^
addressed envelopes containing
the Public Hearing/Nojtice pertinent to this case with the certified list provided by the
Assessor regarding the above application for a variance and I find that the addresses are
identical to the list received. I then mailed the envelopes in a U.S. Depository within the
Town of New Windsor.
^dx/UAML&cP
Patricia A. Bamhart
Sworn to before me this
day of
, 19 ^.
Notary Public

Town of New Winds or
555 Union Avenue
New Windsor. NY 12553
(914)56^4611

Back to top


RECEIPT
#70-2000
02/D4/20DQ
Borgia, Jacquef ne
Received
%
50.00 for Zonrig Board Fees, on 02/04/2000. Thank you for stof^ing by the Town
CterKs
office.
As always, i is our pleasure to serve you.
Dorothy H.Hansen
TovynClerK

. lAXCAlK AND SAU blED-TORM NO. 327
•^tatufmy Form C-WiHi CovMMnt agaiiMt Qranter-todlvMiMl
vm2±2G mi
18
Made the
' (
**y"/
March
,
nineiUei^
hundredoftd
seventy-nine,
'BtlUieeil MANUEL RUBIANO and PATRICIA RUBIANO, husband and wife,
)oth residing at 508 Balmoral Circle , Town of New Windsor, County of
Orange, State of New York,
part
iesb/
the firat pari, amd
FRANK J. BORGIA and JACQUELINE R. BORGIA, husband and wife, both
residing at 1117 Blair Avenue, Scranton, Pennsylvania,
part
iesd/
the aeeond part:
IQftn050(tt)t ^^^ ^^
po-^
ieso/
the first part, in connderation of
TEN AND 0/100
$10 . 00)
DoUare,
lawful money of the United Statee,
paid by the pari,i.BS of the iecond part,
do
her^fy grant and release unto the part
i^s
of the second part,
their heirs
im4
asngne forever,
QUI
that certain plot, piece or parcel of land, with the buildings
and imppovements thereon erected, situate, lying and being in the
Town of New Windsor, County of Orange, State of New York, being more
particularly described as follows:
BEING known and designated as Lot No. 46 on a certain map entitled
Parklawn, made by Eustance & Horowitz, P.E. & L.S., dated October 11,
1972, and last revised March 21, 1973, and filed in the Orange County
Clerk's office on May 22, 1973, as filed Map No. 2996, Pocket 15,
Folder A.

-Rosorvincf to the party of the firot part all rightCj ^titlo and infafcicTLiL
in and to any streets and roads abutirTLnrj ' ^^" wiiiTTT&-Hoc;r.-rT h<^d premises,
but qT"^"t-MV7__^n 'gfls^mfM=H—-'-^'^i nqregq and egress until the same is de-
dioated ab~'a~^ublic road or atrcct.
BEING the same premises described in a deed dated September 10, 197|5
from Parkdale Estates, Inc. to Manuel A. Rubiano and Patricia A. Rubiano
which deed was thereafter recorded in the office of the Orange County
Clerk's Office on September 16, 1975 in Liber 2017 of Deeds at page 565.
This conveyance is made and accepted subject to an indebtedness secured
by a mortgage upon said premises held by Provident Savings and Loan
Association, Haverstraw, New York, which said mortgage was recorded in
the Orange County Clerk's Office on April 11, 1975, in Liber 1671 of
Mortgages page 1138, and upon which there remains unpaid the aggregate
principal sum of $24,000.00 ., with interest from March 14, 1979 at 9^o
rate of interest, together with escrow funds, which said mortgage debt
the parties of the second part hereby assume and agree to pay as part
of the purchase price of the above described premises and the parties
of the second part hereby execute and acknowledge this instrument for th|e
purpose of complying with the provisions of Section 5.705 of the
General Obligation Law.

irO0Ctt)Ct
wUh the appurtenances and all the estate and rights of the part
ie s
of
the
first part in and to the said premises.
(To ()8tl(
SnD
to
|)OlD
^^
premises herein granted unto the part
ie s
of the second
part,
their heirs
o,^ assigns forever,
as tenants by the entirety.
3nO
*hs said
parties of the first
part
covenant
that
t ^ y
hoi^/Q not done or suffered anything
whereby the said premises
have
been incumbered in any way
whatever
^nO
^^^
grantor s , in compliance wUh Section 13 of the lien Law, covenant as
follows: That
they
will receive the consideration
for this conveyance and will hold
the
right to receive such consideration
as a trust fund
to be applied first far the purpose of
paying the cost of the improvement,
and that
the y
TJUHI apply the same first to the
payment
of the cost of the improvement
before using any part of the total of the same for
any

In
WitntffSf WfitttOt,
^^e part
ies
of the first part ha
ve
hereunto set
thei r
hand and seal
s
t1^ day and year first above written
3n tfte
pu%mtt
of:
v
^ / 7
Manuel 3= • Rubiano =>
' *^icia A. /Rubiano

Back to top


:A ^
ine R, Borgia M
^tate of J13eto gotfe, cottntg »t
ORANGE
00,:
On the
'
"
day of
March
,
nineteen hundred and
seventy-nine
before me personally came
MANUEL A. RUBIANO and PATRICIA A,
RUBIANO, Frank J . Borgia and Jacqueline R. Borgia,
to me known
to be the individual
s
described in, and who executed,\the
foregoing instrument,
and
acknowledged thai
they
executed the same,
/
]
-\J 1
--\
//

Back to top


{
^ N tr
^ q
^Notary Public
\\
Venmiission Eiqpires March 31. igj /
OL^
^f
W*g[Pul)«c, State of New Yorfc

RESERVE THIS SPACE FOR USE OF RECORDING OFFICE
RECEIVED
4^ REAL EST/:/..
^
UM
1 51979
1^
TKAK'-
AC^
Orenge County Clerk's Ofto, SJf,
|J«£crded or) the —
Ip'CHn
rfgv
--jLi-j2^-.4La.—at page
/ ^
:w"iCi Lxamlnsd.
"\y

Back to top


^/-J2-C7S
I'lANUEL A. RUBIANO
and
PATRICIA A. RUBIANO
TO
FRANK J. BORGIA
and
JACQUELINE R. BORGIA
^*^'
/^C^A^L
/ V
IP 79
Tax Designation: Section 25 Block
/> 5J^)t 34 - Town of New Windsor
BLOOM
n^!!'^
ROUTE 9*
»I4 561'^6920
POST OFFJCE BOX 477
VAILS GATE. NEW YORK I25B4
OFFI(
D. J. B. 914 534-7O05
P. E- B. 914 56I-5005
C75
o

Back to top


Town of New Windsor
555 Union Avenue
New Windsor, New York 12553
Telephone: (914) 563-4631
Fax: (914) 563-4693

Back to top


Assessors Office
February 1,2000
Frank & Jackie Borgia
508 Bahnoral Circle
New Windsor, NY 12553
Re: 25-5-34
Dear Mr. & Mrs. Borgia:
According to our records, the attached list of property owners are within five hundred (500) feet
of the above referenced property.
The charge for this service is $85.00, minus your deposit of $25.00
Please remit the balance of $60.00 to the Town Clerk's office.
Sincerely,
Aoiil(s
Leslie Cook
Sole Assessor
LC/hd
Attachments
CC: Pat Bamhart, ZBA

McGrath Joseph & Elsie.
/
230 Oak Street
V/
New Windsor, NY 125 ^
<
Christie Robert & Christina
227 Garden Street
New Windsor, NY 12553
X
Spreer Robert & Eleanor
54 Birchwood Drive
New Windsor, NY 12553
Manzo Lisa M. & Dematteo Joseph P.
237 Spmce Street
New Windsor, NY 125
'^
!
A
Chiarella Joseph & Gloria
229 Garden Street
New Windsor, NY 12553
^pupp?. Joan
y^ 52 Birchwood Drive
A
New Windsor, NY 12553
McDonough Charles J.\
233 Oak Street
New Windsor, NY 125!
f
Wilkinson George & Antoinette
231 Garden Street
New Windsor, NY 12553
X
Callahan Edward F. & Patricia M.
50 Birchwood Drive
New Windsor, NY 12553
Ruggiero Isadore C. & Qoncyfta
235 Oak Street
New Windsor, NY 1255J
-1 Farrell Matthew
&
Marta C.
V/ 233 Garden Street
/\^ew Windsor, NY 12553
Ai
Chew Kenneth & Bemadette
4^ Birchwood Drive
New Windsor, NY 12553
Bynum Melvin & Ev
237 Oak Street
New Windsor
r,N
, N
Y
Y
1/5^
125L5
3
3
f\
O'Neil Louis E. & Hamilton Jacalyn L.
238 Spruce Street
New Windsor, NY 12553
\/parker Clifton L.
A 46 Birchwood Drive
New Windsor, NY 12553
Laveity Robert L. & %tl) W.
239 Spruce Street
New Windsor, NY 125i
?(
Murphy William
McGuinness Kathleen
240 Spruce Street
New Windsor, NY 12553
X
Romaine Charlene
44 Birchwood Drive
New Windsor, NY 12553
MuUin Dennis & Aim
241 Spruce Street
New Windsor, NY 12557
V
\
i
Case Richard & Angela
224 Garden Street
New Windsor, NY 12553
X
Brodow Edward J. & Catherine H.
40 Birchwood Drive
New Windsor, NY 12553
Chewens Robert F. & Lucjfiia
242 Spruce Street
New Windsor, NY 12!
t
Krutchick Esther
18 Kings Gate Road
Suffem,NY 10901
) (
Town of New Windsor
555 Union Avenue
New Windsor, NY 12553
Lang Patricia A.
223 Garden Street
New Windsor, NY 12553
X
i
Zeger Emiel & Serena
228 Garden Street
New Windsor, NY 12553
Young Levio & Rose
116 Glendale Drive
New Windsor, NY 12553
Antonelli Elizabeth C
6 Garden Street
New Windsor, NY 125
•55
5
r
Toffler Harold & Lillian P.
81 Harth Drive
New Windsor, NY 12553
I Puccio Frank & Diann
N[ 118 Glendale Drive
•NtSfew Windsor, NY 12553

Brown Howard & Estelle
120 Glendale Drive
New Windsor, NY 12553
^
Costello Stephen & Katherine|
J
122 Glendale Drive
New Windsor, NY 12553
X
Naclerio Christine L
408 Carlton Circle
New Windsor, NY 1255
Kreeger William
410 Carlton Circle
New Windsor, NY 125
^K
I
Gray Val S. & Marcie B\/ '
510 Bahnoral Circle
X
New Windsor, NY 12^3
Richardson George D
512 Balmoral Circle
New Windsor. NY 125
Y
Mathews Joseph T. & Arlene B.
124 Glendale Drive
New Windsor, NY 12553
/
Hussey Joseph M. & Mary E.
411 Carlton Place
New Windsor, NY 12553
7^
Kent Tricia
13 Weather Oak Hill
New Windsor, NY 125;
Hamel Richard & Donna
/
126 Glendale Drive
Y
New Windsor, NY 12553'
Clinton Sally
409 Carlton Circle
New Windsor, NY 125
^
Lounsbury Pamela
Willis Kathleen
516 Bahnoral Circle
New Windsor, NY 12553
Kolpan Mitchell
128 Glendale Drive
New Windsor, NY 12553
/
Lech John J. & Eleanor R
407 Carlton Circle
New Windsor, NY 12553
X
Lopez Louis A. & Albertina/
518 Bahnoral Circle
\ l
New Windsor, NY 12553/\
Ahmed Mahmood & Meher
113 Glendale Drive
New Windsor, NY 12553
her
Sollas Richard & Sandra V /
405 Carlton Circle
7 \
New Windsor, NY 12553
Sarich Emil & Leda
522 Bahnoral Circle
New Windsor, NY 1255J
Trapp Glenn G. & Diane L.
115 Glendale Drive
New Windsor, NY 1255
Wilson Lennie Jr.
403 Carlton Circle
New Windsor, NY 125
I
Lewis Orsen R.
524 Bahnoral Circle
NewWmdsor,NY 12553
.^(
Community Church of the Nazarene of
New Windsor
59 Blooming Grove TumpikeV
New Windsor, NY 12553
iv
Elias Anthony & Carob
502 Bahnoral Circle
New Windsor, NY 1255
'N
/
C
Valle Victor
526 Balmoral Chcle
New Windsor, NY 125
<
Silver Robert «& Ronnie.
/
404 Carlton Circle
y
New Windsor, NY 12550^
t
O'Connor John J. & Randee
504 Bahnoral Circle
New Windsor, NY 12553
Bullock Darren J.
&.
Karen
528 Bahnoral Circle
New Windsor, NY 12553
K
Coopersmith Gary & Karen
^
406 Carlton Circle
^T(\
New Windsor, NY 12553 '
1
Valentin Sergio
506 Balmoral Circle
New Windsor, NY 12553
Thomas Byron U. & Angela D.
530 Bahnoral Circle
New Windsor, NY 12553
K

Shewring Elizabeth
Haines Louis W.
532 Balmoral Circle
New Windsor, NY 1255
K
3
Sabino Arnold & JoEUen \ /
501 Babnoral Circle
/ \
New Windsor, NY 12557
\
Aldebot Jose & Carmen
125 Glendale Drive
New Windsor, NY 12553
Vita Antonino & Patricia
127 Glendale Drive
New Windsor, NY 12553
X
Ciaschi George & KimberlX /
129 Glendale Drive
V
New Windsor, NY 12553 /^
County of Orange
255-275 Main Street
Goshen, NY 10924
X
Soricelli Dennis & Patricide /
511 Bahnoral Circle
Y
New Windsor, NY 12553 / ^
Doerr Robert Paul & Ellen
507 Balmoral Circle
NeSoricellw Windsori
Frank
, N& Y
Lind1255a
3
i
525 Bahnoral Circle
New Windsor, NY 12553
i
Russak Tina F.
517 Bahnoral Circle
New Windsor, NY 1255
V
3

Date

Back to top


TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
jJ.^(i?/^...
..19.
TO
DR.
CLAIMED
ALLOWED

Back to top


^
V^'^
IDaCdriev^
'lA
3
£
drCjece
qe^
/^.^ .
Ip^frdYhdal^
A
Dtha^f-^^
^fllnu^a- I
YM
un\.^
-IL
/&(o
S6
Ml
SO
-mm-

January 24, 2000
5
BORGIA. FRANK
MR. NUGENT: Request for (1) 7 ft...rear yard variance
for existing deck; (2) 2 ft. 2 in. side yard and 3 ft.
rear yard variances for pool; and (3) 9 ft. front yard
and 8 ft. side yard variance for existing shed at 508
Balmoral Circle in R-4 zone.
Mr. Frank Borgia appeared before the board for this
proposal.
MR. NUGENT: Okay, tell the board what you want to do
and why.
MR. BORGIA: The reason we need a variance is because
we plan to move and the shed that we put up, the deck
and the pool are, as he said, not the required
distances from the adjacent property on each side. And
when we put the pool and the shed up, in the 19 8 6-87
timeframe, we had no idea that there was any
requirement. We were told that there was no variance,
there was no permit required to put an above-ground
pool or a shed which are, was a prefabricated shed.
When we put the deck up around the same time all we did
is replaced the existing deck which was structurally
unsound when we moved in. We moved in in '79 and I for
the first four or five years, I replaced some of the
beams that were holding it up and it had no porch, but
we did not request a permit at the time, we were
putting it up, the inspector was in the neighborhood
and in fact, he was next door to us, our neighbors were
moving in and he came over and indicated that we needed
a permit for the deck, even though it was replacement
deck and it was the original deck, was not 40 feet from
the property line. That's the requirement, 40 feet, we
now understand and the existing deck is not 40 feet
from the property line either, neither one of them
were. I just learned today we applied for the permit
at the time and the permit was denied saying we needed
a variance for the porch. The reason we needed the
variance for the porch was because it wasn't 4 0 feet
from the property line. I applied for the permit, we
didn't get the permit because of the distance and of
course, we're in the process of building the deck so we
completed the deck. I did write a letter requesting

January 24, 2000
6
reconsideration at the time, did not get a response.
The reason I wrote the letter request for
reconsideration for the^reasons I just stated original
deck when I moved was structurally unsound and I was
allowed to move in with a structurally unsound deck
that wasn't 4 0 feet from the property line and did not
have steps, I replaced it with a better deck and I
didn't think the variance was required. I did not get
a response to that letter. I learned just recently I
had a contractor put the deck, I learned recently
talking to the contractor who built the deck in 1987, I
believe 1987 to see if he recalled anything about the
deck he said there was an inspector there and the
inspector did inspect the deck, I don't remember this,
he does and I don't know if that has any bearing on
this hearing, but it's a point of interest.
MR. NUGENT: Let me ask you a question. The shed
that's shown here on the drawing, this is pretty
accurate where it is on the property?
MR. BORGIA: Yes.
MR. NUGENT: Is there any reason the shed can't be
• moved?'.:--.'
-'•'\':'•:'-^,^M:'^'^:^y'-^.
.>:'"-_ • • '
-'.-•:''''''--
MR. BORGIA: Yes, there's a pool right here, which is
very close to the shed, cannot move that without moving
the pool, can't even get a, the only way to really move
that would be a fork lift and you couldn't get the
forklift in to move it or any other kind of machine,
just not enough room.
MR. TORLEY: Mike, how is he getting a 9 foot front
yard variance, the shed's actually in the front yard?
MR. TORLEY: Mine says 9 foot front yard or is it side
yard variance, is it a typo? Your shed's in the back
of the house?
MR. BORGIA: Yes.
MR. TORLEY: I assume it means back yard.
MR. NUGENT: The front should be rear. Okay, let me

January 24, 2000
7
suggest--
MR. BABCOCK: Yeah, that's a rear yard.
MR. NUGENT: When you come to the public hearing, bring
some pictures.
MS. BARNHART: We have on the agenda we had one front
and one side yard, but it's rear yard for the shed,
Michael?
MR. BABCOCK: Yes.
MS. BARNHART: You want to change this one here?
MR. BABCOCK: That's what it says, it says rear yard
side and rear yard, oh, I see what it is.
MS. BARNHART: It says 9 foot front yard so you want to
change that?
MR. BABCOCK: No, if you, I've underlined it, it says
rear yard on it.
, .
MS. BARNHART: Okay. V
MR. NUGENT: Are there any further questions by the
board? Can I have a motion?
MR. REIS: I make a motion that we set up Mr. Borgia
for a public hearing.
MR. TORLEY: Second it.
ROLL CALL
MR. REIS
MR. TORLEY
MR. NUGENT
AYE
AYE
AYE
MS. BARNHART: Mr. Borgia, Mr. Gerbis, did I send you
applications in the mail or did somebody pick them up?
MR. BORGIA: My wife did.

January 24, 2000
8
MS. BARNHART: You just need the sheet.
MR. KRIEGER: If you take that, those are the criteria
on which the Zoning Board of Appeals must decide
according to the state. If you would address yourself
to those criteria at a public hearing, that would be •
helpful.
MR. BORGIA: Thank you.

2SA MEETS ON THE 2ND AND 4TH MONDAY OF EACH MONTH UNLESS A HOLIDAY FALLS ON
THAT DATE. JULY AND AUGUST: ONE MEETING PER MONTH ONLY.
PROCEDURE FOR A PUBUC HEARING
Preparatiotts for a public hearing ar« rdativdy sfanple IF YOU READ AND FOLLOW THIS PROCEDURE:
Step 1 - Order a variance Ust from tbf Assessor's Ollloe. A deposit of S25.00 payabk toTNW must be paid hi
advance for this Hit This Hst is necessary for the mailfaig of notices to all propel^ owners witiiin 500 feet of
yoor property. The total fee for this fist is based on
tktt
number of names and addresses on your Ust
Step 2-While awaithig the preparation of the list, fiO oat the Application and Public Notice of Hearing (leave
date blank) whidi you recdved at the prdfaninary meHing before ZBA.
Step 3 - When the list is complied, the Assessor's office will caO you. Using the Ust, address an envelope for
eaci^ add your return address and a first-dass stamp and hold. These wfll be used to forward the hearing
notices to all of the adjacrat pn^rty owners.
Step 4 - CaU Pat Bamhart at 563-4630 and make an appointment to come in with your completed paperwork.
At this time also bring with you a copy of your deed or contract of sale, title report (if you have one), photos,
completed applications, pnbUc hearing notice, addressed/stamped envelopes, and fees payable to the Town of
NewWfaidsor. A HEARING P^TF. W^^^ f»OT BE SCHEDULED UNLESS ALL OF THE PAPERWORK IS
COMPUTTED AND RETURNED WITH THE FEES TO THE SECRETARY.
St^ 5 - The Pabfic Notice of Hearing must lie published in the local paper one tune, tan days prior to the
heari^date. Secretary wiD make arrangraients for the publication of the notice. Aoplicant is responsible for
tfie pavment of publication. Secretary wfll fiU in the date of public hearing on n<^ice when aU paperwork is
received.
St^
6 '
Once the Secretary has had an <^portunity to review the hearing notice, she wiU add the hearing date
and yon may timi insert the completed pubUc hearing notice bi eadi of the prepared envelopes, seal each
envdbpe and bring back to Pat ia the order in which they appear on the Ust She wiU then compare the
envehjies with the Ust, if it checks out, she wiU prepare an Affidavit of Mailing and maO the envelopes out
Notices most be postmarked at least 10 days before the hearing date.
f
St^j6 -
Prqiare two separate chedu both payable to the Town of New Whidsor, one in the amount of S50.00
(residoitial) or $150.00 (commercial) whidi is tiie variance appUcatiim fee, and a second chedc In the sum of
$300.00 (residortial) or $500.00 (commercial). The second sum wiU be held in escrow and after computation
you may get a portion of this fee retunied to you. Escrow fee includes stenographic services and attorney's fee
for tiie handltog of your file.
APPUCANTS CHECK LIST:
1. Appficatlons
(3
copies);
2. PnbUc notice of hearing;
3. Envdopes wtth names/addresses of adjacent property owners, stamped and ready for
notice to be insert^;
4. Fees;
5. C<^y of deed or contract of sale, title report, photographs of site.
IMPORTANT NOTE: If your appUcation is approved by the ZBA, you have one (1) year from the date of
approval wMUn which to pursue your bnflding plans. A variance becomes nuU and void after this perioiL If
you are not plasming to build within tliis tfane frame, you must apply to the ZBA before thb date expires to seek
an extension of this variance.
PATRICIA A. BARNHART, SECRETARY
ZONING BOARD OF APPEALS
Town HaU - 555 Union Avenue
New Wmdsor,N. Y. 12553
(914)563-4630
(914)563^93 FAX
12/98

TOWN OF NEW WINDSOR
ZONING BOARD OF APPEALS
APPLICATION FOR VARIANCE
Date:
flzisiMQ-
Applicant Information:
^ . \ (\
(Name, address^and phone of Applicant)
(Owner)
(b)
(Name, address and phone of purchaser or lessee)
(c)
(Name, address and phone of attorney)
(d)
(Name, address and phone of contractor/engineer/architect)
II. Application type:
( ) Use Variance
( ) Sign Variance
—_ ^
( tx ) Area Variance
( ) Interpretation
III. Property Information:
,
(a)
5o%&^\
\
Cirdc
X^^S.y{
^OL^ID^
(Zone)
(Address)
(S B L)
(Lot size)
(b) What other zones lie within 500 ft.?
T\ox\(L^-
(c) Is a pending sale or lease subject to ZBA approval of this
application? \i e.s
.
(d) When was property purchased by present owner? /77? •
(f(e)
)
HaHas
s
propertproperty
y
beebeen
n
subjecsubdividet od f
previouslyvariance
previously
? Mo
? (>4o
If so, when?
\
.
(g) Has an Order to Remedy Violation been issued against the
property by the Building/Zoning Inspector? M^
.
(h) Is there any outside storage at the property now or is any
proposed? Describe in detail:
B%tr4r<w: Sh^J C ^^
K S^ ^ )
IV. Use Variance.
(a) Use Variance requested from New Windsor Zoning Local Law,
Section
, Table of
Regs., Col.
to allow:
(Describe proposal)

(b) The legal standard for a "use" variance is unnecessary
hardship. Describe why you feel unnecessary hardship will result
unless the use variance is granted. Also set forth any efforts you
have made to alleviate the hardship other than this application.
(c) Applicant must fill out and file a Short Environmental
Assessment Form (SEQR) with this application.
(d) The property in question is located in or within 500 ft. of a
County Agricultural District: Yes
No
^y^
.
If the answer is Yes, an agricultural data statement must be submitted
along with the application as well as the names of all property owners
within the Agricultural District referred to. You may request this
list from the Assessor's Office.
V. Area variance:
(a) Area variance requested froip J^ev^ Windsor Zoning Local Law,
Regs., Col,
f^ G-
Requirements
Min. Lot Area
Min. Lot Width
Reqd. Front Yd.
Reqd. Side Yd.
Reqd. Rear Yd.
Reqd. Street
Frontage*
Max. Bldq. Hgt.
Min. Floor Area*
Dev. Coverage*
Floor Area Ratio**
Parking Area
Proposed <
Available
7~"«l
~7'ro
7' 33'
%
Dr
1
%
^-)
'
Variance
Request
fool
Oe^^
^^S
2'
7' ?'
%
* Residential Districts only
** No-residential districts only
(b) In making its determination, the ZBA shall take into
consideration, among other aspects, the benefit to the applicant if
the variance is granted as weighed against the detriment to the
health, safety and welfare of the neighborhood or community by such
grant. Also, whether an undesirable change will be produced in the
character of the neighborhood or a detriment to nearby properties will
be created by the granting of the area variance; (2) whether the
benefit sought by the applicant can be achieved by some other method
feasible for the applicant to pursue other than an area variance; (3)

whether the requested area variance is substantial; (4) whether the
proposed variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district;
and (5) whether the alleged difficulty was self-created.
Descifibe why you believe the ZBA should grant your application for an
area variance:
4o
(You may attach additional paperwork if more space i's needed)
VI. Sign Variance:
(a) Variance requested from New Windsor Zoning Local Law,
Section
,
Regs.
Proposed or Variance
Requirements Available
Request
Sign 1
Sign .
Sign 3
Sign
(b) Describe in detail the sign(s) for which you seek a
variance, and set forth your reasons for requiring extra or over size
signs.
(c) What is total area in square feet of all signs on premises
including signs on windows, face of building, and free-standing signs?
VII. Interpretation.
(a) Interpretation requested of New Windsor Zoning Local Law,
Section
, Table of
Regs.,
Col.
.
(b) Describe in detail the proposal before the Board:
Pool :
/6eY»»g'f
«=!
7.' "i-" ^itPr
yttfi'tMcie j
«3>.HJ
a. 3 ' ir<teu^
y^an^ l/<lK/<nce
VIII, Additional comments:
(a) Describe any conditions or safeguards you offer to ensure
that the quality of the zone and neighboring zones is maintained or

upgraded and that the intent and spirit of the New Windsor Zoning is
fostered. (Trees, landscaping, curbs, lighting, paving, fencing,
screening, sign limitations, utilities, drainage.)
IX. Attachments required:
^X
Copy of referral from Bldg./Zoning Insp. or Planning Bd.
Copy of tax map showing adjacent properties.
Copy of contract of sale, lease or franchise agreement.
,Copy of deed and title policy.
Copy(ies) of site plan or survey showing the size and
location of the lot, the location of all buildings,
facilities, utilities, access drives, parking areas,
trees, landscaping, fencing, screening, signs, curbs,
paving and streets within 200 ft. of the lot in question.
_ Copy(ies) of sign(s) with dimensions and location.
^i^
Two (2) checks, one in the amount of $
^^&o
and the second
check in the amount of $ 5M^
»
each payable to the TOWN
OF NEW WINDSOR.
•%
jy^
Photographs of existing premises from several angles.
X. Affidavit.
STATE OF NEW YORK)
Date:
) SS. :
COUNTY OF ORANGE )
The undersigned applicant, being duly sworn, deposes and states
that the information, statements and representations contained in this
application are true and accurate to the best of his/her knowledge or
to the best of his/or information and belief. The applicant further
understands and agrees that the Zoning Board of Appeals may take
action to rescind any variance granted if the conditions or situation
presented herein are materially changed.
Sworn to before me this
i^day of
XI. ZBA Actio
(a) Public Hearing date:
I
^^"^ -^^
"_
(Applicant)
Q
Commission Expires Muy
r

(b) Variance: Granted ( ) Denied ( )
(c) Restrictions or conditions:
NOTE: A FORMAL DECISION WILL.FOLLOW UPON RECEIPT OF THE PUBLIC
HEARING MINUTES WHICH WILL BE ADOPTED BY RESOLUTION OF ZONING BOARD OF
APPEALS AT A LATER DATE.
(ZBA DISK#7-080991.AP)
Attachment to Application for Variance
Item V (b)
The pool and the shed were erected in the 1983-84 time frame. At the time, the zoning
board informed me that a permit was not required for an above the ground pool. Neither
was a permit required for the pre-fabricated shed. I was not informed by the zoning
board, nor was I aware at the time, that there was a 10-foot property clearance
requirement for both the pool and the shed. Had I known, I would have had no reason
not to comply at the time of erection. Presently, however, the shed cannot be moved
without dismantling the pool due to the minimal clearance between the shed and the pool,
and between the pool and the fence on either side.
Dismantling of the pool is not feasible, not only due to cost, but due to the fact that I
already have a buyer for my house, and the pool, in its present location, is desired by the
buyer. Closing on the house is contractually scheduled to occur prior to April
V\
and
dismantling and re-erection cannot be done prior to that time in any event, due to weather
conditions. Not receiving this variance will jeopardize, and most likely will cause the
buyer of my house to back out of our agreement. This would have a significant financial
impact on him, upon my wife and I and upon the seller of the house I am in the process of
purchasing, since we all a have incurred significant costs toward the buying/selling of
these houses.
Prior to putting in the pool and the shed, I did seek, and I received, the concurrence of
both my rear neighbor, and my side neighbor closest to the pool and the shed. I did this to
be certain that neither neighbor considered these additions to my yard aesthetically
objectionable, or a detriment to them in any other way. To this day, neither neighbor
objects to these structures. Given that the pool and the shed have been in their present
locations since 1983-84; are not objectionable to the closest neighbors; and are not
readily visible to any of my other neighbors due to trees and shrubs in the summer
months, and also due to the distance from other than the two closest neighbors, I do not
believe that an adverse effect or impact on the physical or environmental conditions of
the neighborhood has resulted.
The deck, which was erected in 1987, is not the required forty feet from the rear property
line. However, when I moved into this house, the existing deck was structurally unsound,
and had no steps. I therefore, had no choice, for safety reasons, to replace this deck.
Since it was a replacement deck, and not an addition to the house, I was unaware, prior to
commencement of construction, that a variance (or a permit) was required. When I
learned during the construction that 1 was required to obtain a permit, I applied for one
but was denied on the basis that the deck was not forty feet from the rear property line.
Given that construction was underway and that it was not feasible (or safe) to stop
working, I appealed this ruling. However, I received no response to my appeal request. I
now would have to tear this deck down and construct a new, much smaller deck, to be in

compliance with the forty-foot ordnance. It not only would be costly to rebuild the deck,
but it would have a major adverse effect upon the selling of my house, and upon my
purchasing the house I already have chosen; and given the present stages of closing for
each, both I and the buyer of my house would suffer significant financial burdens.
In conclusion, I believe that the ZBA should grant my application for an area variance for
the pool, shed and deck for the following reasons:
1) No undesirable change will be produced in the character of the neighborhood,
and no detriment to nearby properties will be created.
2) It is not feasible, especially given the fact that I am in the process of selling
my present home, and buying another, to relocate these structures. To do so
would result in significant financial harm to several parties.
2) The requested variance is not substantial, and will not create a health, or safety
and welfare detriment to the neighborhood.
4) The proposed variance will not have an adverse effect or impact on the
physical or environmental conditions of the neighborhood.
5) I did not purposely create the difficulties that are now the subject of the
requested variance
Frank J. Borgia

Back to top