1. ZB# 00-05
  2. OMAT, Inc
  3. 85-1-1 3
      1. APPLICATION FEE (DUE AT TIME OF FILING OF A?PLICATION)
      2. DISBURSEMENTS: / 7
      3. STENOGRAPHER CHARGES: $4.50 PER PAGE
      4. iVGSC CHARGES:
      5. OMAT,INC.
      6. NOW, THEREFORE, BE rr
      7. BEITFURTHER
      8. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
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      1. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
      2. TO „jyJ/gnces.Hoth DR.
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      1. February 28,2000 24
      2. MR. TORLEY: When was the zoning changed?
      3. MS. BARNHART: April.
      4. MR. TAROLLI: I believe it was in 1996.
      5. MR. TORLEY: Please identify yourself for the record if
      6. February 28, 2000 28
      7. Road.
      8. MR. TORLEY: Do I hear a second?
      9. MR. REIS: Second it.
      10. MR. TORLEY: Roll call.
      11. ROLL CALL
      12. MR. BARNHART: Motion's denied.
  9. RECEIPT #72-2000
      1. z^^C..
      2. Chaimian
  10. TOWN OF NEW WINDSOR
      1. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
      2. January 24, 2000 20
      3. MR. TAROLLI: That's correct.
      4. January 24, 2000 23
      5. MR. TAROLLI: We would have to make one large lot of these two.
      6. MR. REIS: No relationship to you folks?
      7. MR. TAROLLI: There's no financial or other linkage.
      8. MR. PETRONE: Well, this is a different owner.
      9. MR. TORLEY: Well, talk about that at the public hearing.
      10. MR. REIS: Accept a motion, Jim?
      11. MR. NUGENT: Yes.
      12. January 24, 2000 24
      13. MR. TORLEY:
      14. ROLL CALL
      15. MR. REIS MR. TORLEY MR. NUGENT
      16. Second it.
      17. AYE AYE
      18. MR. TAROLLI: Thank you.
      19. MR. PETRONE: Thank you.
  11. Town of New Windsor
  12. Assessors Office
  13. Legend
  14. til'
  15. p^:"^-
  16. Notes:
  17. Estates II
  18. Situate in tfie Town of New Windsor
  19. Orange Countyj New TorH State
  20. ScaCe r= 100' Oct. 1992
  21. Area TotaCs
  22. Benedict's Pond
  23. Notes: (cont.)

ZB# 00-05

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NEW WINDSOR ZONING BOARD OF APPEALS
85-1-13
In the Matter of the Application of
OMAT,INC.
#00-05.
MEMORANDUM OF
DECISION DENYING
AREA VARIANCE
WHEREAS, OMAT, INC.,
a corporation with an office at 501 Bramertown Road,
Tuxedo Park, N. Y. 10987, has made application before the Zoning Board of Appeals for a 40.97
ft. lot width variance for Lot #13 in the Benedict Pond Subdivision located on the southwest side
of Dean Hill Road in an R-3 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,
the Applicant was represented by John Tarolli, L. S.; and
WHEREAS,
there were five spectators appearing at the public hearing; and
WHEREAS,
two 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 findings in this matter here memorialized in furtherance 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) This a residential lot contained in a previously-granted subdivision of residential
lots.
(b) The Applicant seeks to subdivide this lot which would produce one lot which
conforms to the zoning requirement and one which does not conform without a variance.
(c) During the time the subdivision was before the Planning Board approximately in
1996, the Zoning Code of the Town of New Wmdsor was changed to require that lot width be
measured at the minimxmi set back line, not at the place where the house was going to be built.

On account of this change it was not possible, absent a variance, to divide the remaining parcel
which is the subject of this Application.
(d) While the Applicant does not now own any other land adjacent to this parcel
he did, before the subdivision was applied for and granted, own all of the adjacent land.
(Q The variance requested is substantial being a variance of approximately 41%.
WHEREAS, The Zoning Board of Appeals of the Town of New Windsor makes the
following conclusions of law here memorialized in fiirtherance of its previously made decision in
this matter:
1. The requested variances will produce an undesirable change in the character of the
neighborhood or create a detriment to nearby properties in that the variance if granted would
permit the construction and utilization of a lot which does not meet the requirements of the
Zoning Code of the Town of New Windsor in contrast to all neighboring properties which
apparently do meet such requirements.
2. There is no other feasible method available to the Applicant which can produce the
benefits sought. Before the subdivision was approved, of which this lot is a portion, the Applicant
could have utilized another method to produce the benefits sought by reconfiguring the property.
The Applicant sought not to reconfigure the property and waited for a period in excess of three
years to apply instead for this variance.
3. The variance requested is substantial in relation to the Town regulations and is not
warranted.
4. The requested variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or zoning district. See paragraph 1 above.
5. The difficulty the Applicant faces in conforming to the bulk regulations is self-created
and should not be allowed since the Applicant could have itself avoided the difficulties with which
it is now presented.
6. The benefit to the Applicant, if the requested variance is granted, does not outweigh
the detriment to the health, safety and welfare of the neighborhood or community.
7. The requested variance as previously stated is not appropriate and although if granted
it would be adequate to allow the Applicant relief fi-om the requirements fi-om the Zoning Local
Law. A granting would not, at the same time, preserve and protect the character of the
neighborhood and health, safety and welfare of the community. See paragraph 1 above.
8. The interests of justice will not be served by allowang the granting of the requested area
variance. See paragraph 1 above.

NOW, THEREFORE, BE rr
RESOLVED,
that the Zoning Board of Appeals of the Town of Ne^ Windsor DENY a
request for a 40.97 ft. lot width variance for Lot 13 in the Benedict Pond Subdivision located on
the southwest side of Dean Hill Road in an R-3 zone.
BEITFURTHER
RESOLVED,
that the Secretary of the Zoning Board of Appeals of the Town of New
Windsor transmit a copy of this decision to the
Tovm
Clerk, Town Planning Board and Applicant.
Dated: April 24, 2000.
y^^^^^
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Chairman

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TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
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STATE OF NEW YORK,
TOWN OF NEW WINDSOR
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I hereby certify, that the items of this account are correa; that the disbursements and services
charged therein have in fact been made and rendered, and that no part thereof has been paid or satisfied, diat the
amount herein mentioned is in full settlement for all services rendered and materials fumi^ed.
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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 renderedfatiwl materials furnished.
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February 28, 2000
21
OMAT. INC.
MR. TORLEY: Referred by planning board for 40.97 ft.
lot width variance for lot 13 in the Benedict Pond
subdivision located on southwest side of Dean Hill Road
in an R-3 zone.
Mr. John Tarolli appeared before the board for this
proposal.
MR. TORLEY: Is there anyone in the audience for this?
MS. BARNHART: For the record, we sent out 2 7 addressed
envelopes from the assessor's list on February 8, I
guess we got no replies.
MR. TAROLLI: Okay, the property's located on Dean Hill
Road. It was an approved lot, approved about the
Planning Board a number of years ago. In the mid
'90's, Omat Inc. had other lands just down a short ways
on Dean Hill Road and intended to further subdivide a
parcel of lot 13 into two parcels and at that time, the
planning board was dealing with a Shannon Acres which
was a proposed development across the street and the
discussion ensued about the relocation of Dean Hill
Road, not in front of the property we're currently
before you on, but just down the street involving the
other lots that Omat was working on. Several years
went by to determine what improvements would be made to
Dean Hill Road and the alignment of the road. At that
time, around 1996, I believe the zoning changed to the
extent that the definition of lot width was modified
and lot width was then defined as being measured at the
minimum setback line, not at the place where the house
was going to be built. That created a hardship for
this subdivision that was before the planning board at
the time. At this point. Shannon Acres is near final
approval, the future of Dean Hill Road has been
decided, its relocation, and we decided at this point
let's proceed with a request for the variance for these
two lots prior to completing the subdivision of the
other lots. Now, included in the earlier and mid '90's
was a problem with the one sewer moratorium that
affected all lots on Dean Hill Road, so we had a little
bit of a hold until the Town board resolved that issue.

February 28, 2000
22
There was also an issue about access on private roads
which, the other lots were involved in and that had to
be.resolved. Point being that we did not think to
proceed with these two lots as separately from the
other seven or eight lots.
MR. TORLEY: When you, you're talking about the green
shaded lot with the, and the one immediately to its
left?
MR. TAROLLI: Right, the green shaded lot is the one
you're currently reviewing. It was the lot to its left
was part of it prior to our subdivision application.
We had no reason to feel that we had to break these two
out and go ahead with these independently of the other
ones until after we found out that the zoning changed
and it was too late so as far as this application is
concerned, will it create an undesirable or detriment,
undesirable change or will be detrimental to the
neighborhood since the proposed house that we're
showing is located 250 to 3 00 feet from the nearest
house on Dean Hill Road.
MR. KANE: Could you turn so the audience could see?
I'm sure they're going to have some questions.
MR. TAROLLI: The yellow markings are the approximate
location of the neighboring houses. It will be 250 to
3 00 hundred feet from this house, if the variance is
granted. If the variance is not granted, this house
could either be built here or the location shown here.
In any event, the granting of the variance does not
create any impact directly on the neighboring houses
because this orange house is pulled substantially away
from the house than the one on Dean Hill. Is there
another method which the applicant could use to rectify
the need for a variance? The applicant cannot own any
additional land to the west or to the, I'm sorry, to
the south, to the north, all these lots are privately
owned by other individuals. This to the south is
Sarjon (phonetic) LLC and that was recently granted a
two lot subdivision approved by the planning board
which involved Benedict Pond. Anyway, the applicant
does not own any other contiguous land that it could
use to gain access or frontage to a public road, we

February 28, 2000
23
have Mt. Airy Road here, he has no title to any lots.
MR. REIS: Question. The contiguous lot would be the
east, right?
MR. TAROLLI: Yes.
MR. REIS: Is that an approved lot at the time?
MR. TAROLLI: It's not an approved lot, it, the green
lot and it's the currently approved lot we're proposing
to subdivide it into the green in this other lot.
MR. TORLEY: So you have an approved, a lot now as it
stands before that meets all the requirements?
MR. TAROLLI: That's correct.
MR. TORLEY: And you're asking us to create a
non-conforming lot?
MR. TAROLLI: That's correct and the reason being we
were before the planning board with this configuration.
MR. TORLEY: You've got a conforming lot now?
MR. TAROLLI: Right.
MR. TORLEY: And you want us to create a non-conforming
lot?
MR. TAROLLI: That's correct.
MR. TAROLLI: Why, why should we recreate a
non-conforming lot?
MR. TAROLLI: I'll continue throughout the presentation
and I will provide, hopefully be able to provide enough
information. There's no other method of servicing the
two lots and still complying with that requirement of
the zoning that we have a lot width at the minimum
setback line. Is the lot, is the variance substantial?
The lot width at this house is 4 20 feet but we're asked
to measure the lot width at 3 5 feet off the road and
here it's 59 feet versus the 100 feet which is the

February 28,2000
24
requirement. Is there an adverse affect to the
environment or physical adverse affect with the
variance? We have a driveway that passes by this
nearest house here, services a house in the rear, the
nearest house that would be built if the variance is
granted would be this house which' would be about 110
feet from this existing house. If the variance were
not granted, then the owner of this lot would have the
option of building the house here, which would be,
could be as close as 33 feet to the yellow house
because we'd comply with the zoning, could be built
here, much shorter driveway, or the owner could decide
to build a longer driveway and put the house in the
rear. Is the hardship self-created? We don't feel the
hardship was self-created. Again, we're involved in a
planning board application, we were held in abeyance
for some time because'of the moratorium and the sewer
connections and the relocation of Dean Hill Road and
found out only after the fact that the zoning had been
amended to the detriment of the applicant's desire, so
this configuration that you see the two lots was before
the planning board well in advance of that zoning
change that we're asking for a variance from your board
tonight. Any questions?
MR. TORLEY: When was the zoning changed?
MS. BARNHART: April.
MR. TAROLLI: I believe it was in 1996.
MR. TORLEY: Correct me if I'm wrong, you've had three
years from that point to be grandfathered in on the
change?
MR. BABCOCK: No, he never got approval, Larry. He
applied, what he's saying he applied to the planning
board when this met the code and he hasn't finished
this application because of different things like sewer
hookups and sewer moratorium and whatever. Now he's
got through those hoops, now he's back in front of the
planning board and finds out that the law changed and
now it's a lot width problem, that's what he's saying.
MR. TORLEY: Please identify yourself for the record if

February 28, 2000
25
you wish to speak? Anyone? All your questions have
bee.n answered?
MR. JOHN MC CULLOUGH: John McCullough, 126 Dean Hill
Road. Just seems to me like there's a lot of activity
in and around Dean Hill lately and it just seems, I
just keep hearing every time I'm here we're back to the
same issues of having three years to change laws. I
don't understand why laws have to be changed. I mean,
there's codes and laws that have to be followed and
just my opinion, I think that they should be followed,
that's why they're there, that's all I'm going to say.
MR. WERNER: This here right-of-way here, how big is
that right-of-way that I see running from the lot I
think that he wants to get changed?
MR. TAROLLI: It's not a right-of-way, we're proposing
a width of 60 feet on Dean Hill Road and I presume
you're looking at this section of the, this is 60 feet
width, it's not a right-of-way.
MR. KANE: That's what they want to do.
MR. TAROLLI: We want to create a 6 0 foot opening.
Right now, we have, we have well over 100 feet, close
to 150, 200 feet right now. The lot looks like this.
MR. WERNER: In other words, you want to take the lot
that you have and make it into two lots?
MR. TAROLLI: That's correct.
MR. WERNER: You know, I mean, I've been up there 3 0
years, you know, and I have seen a lot of change, but I
mean this gentleman here that just spoke, I seem to be
in agreement with him, you know, if you have certain
rules, why should they not be followed. You know, you
keep changing them, you know, this thing here now, to
me, I mean, you're making it, you're making to me looks
like you're making a right-of-way to get to, you know,
to get another house, another lot out of the thing and
the existing lot that you're left with is no where near
the requirements.

February 28,2000
26
MR. TAROLLI: That's not true, the lot that we're left
with is 34,000 feet, meets all the zoning.
MR. WERNER: How much frontage is on this?
MR. TAROLLI: It has the required frontage.
MR. TORLEY: Road frontage.
MR. WERNER: The road frontage.
MR. TORLEY: It's short.
MR. WERNER: You understand what I'm saying, you know,
you're nowheres, probably nowheres near the
requirements of 100 foot frontage there.
MR. TAROLLI: On the big lot or the small lot? Small
lot has the required frontage.
MR. TORLEY: He's talking about the other one.
MR. TAROLLI: That has the required frontage.
MR. MC DONALD: What's the frontage?
MR. TAROLLI: I'll have to add several numbers here,
just give me a moment, it's 100 feet, it's in excess of
100, it meets the zoning.
MR. MC DONALD: On the other lot?
MR. TAROLLI: The large lot which has the neck that
services it has only I think we mentioned—
MR. BABCOCK: 59.
MR. TAROLLI: 50 some feet when you measured 35 feet
back off the right-of-way.
MR. TORLEY: Is there anyone else in the audience
wishes to speak on this? If not, I'll close it, the
public hearing, and open it back up to the members of
the board. Gentlemen?

February 28, 2000
27
MR. KANE: I have no further questions.
MR. TORLEY: I confess we ..have a lot that fully meets
all the zoning codes now and the applicant wishes to
cut it into another lot that doesn't.
MR. KANE: We have run into that problem a number of
times in this Town, I'm ^ot particularly--
MR, TORLEY: The lots were already subdivided and the
lot didn't meet.
MR. KANE: I know and you still run into problems with
them conforming to the codes, although the lots were
subdivided years ago.
MR. TORLEY: This one isn't, this one is still sitting
there not a recognized subdivision.
MR. KANE: Accept a motion?
MR. TORLEY: Yes.
MR. KANE: I move that we grant Omat Incorporated their
requested variance.
MR. TORLEY: One quick question just to make sure we're
clear on the record, there was a part of the code that
said that if you had two adjacent lots, correct me, I'm
not sure I remember this correctly, if you're the owner
of two adjacent lots.
MR. BABCOCK: Contiguous lots that are non-conforming,
if you own them, you're bound by law to combine those
two lots if they make a conforming lot.
MR. TORLEY: So this is a conforming lot that he wishes
to create a non-conforming lot out of?
MR. BABCOCK: He wants, it's a conforming lot, he wants
to create one conforming lot and one non-conforming lot
out of it.
MR. KANE: All set? I move that we grant Omat
Incorporated their requested variances on Dean Hill

February 28, 2000
28
Road.
MR. TORLEY: Do I hear a second?
MR. REIS: Second it.
MR. TORLEY: Roll call.
ROLL CALL
MR.
MR.
MR.
MR.
MCDONALD
REIS
KANE
TORLEY
NO
AYE
NO
NO
MR. BARNHART: Motion's denied.

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OFFICE OF THE PLANNING BOARD - TOWN OF NEW WINDSOR
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ORANGE COUNTY, NY
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NOTICE OF DISAPPROVAL OF SITE PLAN OR SUBDIVISION APPLICATION
PLANNING BOARD FILE NUMBER:
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DATE:
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APPLI CANT:
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IS DISAPPROVED ON THE FOLLOWING GROUNDS:
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BUILDING/INSPECTOR

REOUIREMENTS
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MIN. LOT WIDTH
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REQ'D SIDE YD.
REQ'D TOTAL SIDE YD.
RSQ'D REAR YD.
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RAX. BLDG. HT.
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APPLICJiJsT IS TO PLEASE CONTACT THE ZONING BOARD SECRETARY AT
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OF APPEALS.
<Z(Z'.
Z.B.A., APPLICiJ^lIT, F.B. ENGINEER, F.B. FILE

December 8, 1999
25
BENEDICT POND II SUBDIVISION (99-35)
*
Mr. Michael Petrone appeared before the board for this
proposal.
MR. PETRQ: This is a two lot residential subdivision.
This application proposes resubdivision of lot 13 of
the Benedict Pond subdivision. Now, we don't have
written anywhere about he's not allowed to subdivide
this lot in the future. Is this written anywhere?
Sometimes he puts a restriction that the remaining lot
cannot be subdivided, I don't know what's making me
think of that but--
MR. KRIEGER: Sometimes that exists, but I'm not aware
of it existing here.
MR. EDSALL: I'm not aware of any restriction.
MR. PETRONE: I'm Michael Petrone, I represent the
owner. This revised, it's part of the revised
subdivision in front of this board for about five
years, it's a 9 lot subdivision, it has been held up by
a number of circumstances. We're now activating two of
the originally 9 lots, most of the holdup on this had
been the relocation of Dean Hill Road which has been
predicated by the town, between the town and the nearby
developers. Shannon Acres has been held up in several
conversations and discussion. And finally, it took a
major effort to obtain the data from Shannon Acres so
that we could then adjust our subdivision to the new
relocated road. That is still in the process. And I
believe we have all the data available in place now.
We have been discussing with the town engineer several
times I think we're coming to it meanwhile, we'd like
to get this section of the subdivision off the ground
on the two lots, mostly in the interest of time because
these two lots are not affected as we found out by the
relocated road and we're in front of you to just get
this started and we'll proceed with the second stage
which will be a separate subdivision for the remaining
seven lots.
MR. LANDER: Can we just back up just a minute? You
said it was a nine lot subdivision?

December 8, 1999
26
MR. PETRONE: Yes, it's been refiled now as a two lot..-
MR. LANDER: We have from lot 1 to lot 14.
MR. PETRONE: That's correct.
MR. EDSALL: Maybe I can help you out with the history
cause I did a little history investigation today
myself. There was an application 86-82, which is what
created the 13 lots you see on this plan. Then there
was another application in '95, 95-10, which modified
lot 13 and created this squared off corner that's shown
on the northern end of lot 13, which is now what he's
proposing as lot 14. What happened was in '93, there
was also an application made for the multiple lot
subdivision, Mr. Petrone's referencing, which is to the
west of this, there was only one part of that multiple
lot subdivision that affected this area to the east
which you're looking at tonight and that's this lot 13
and 14 arrangement. So what he's doing is he's pulling
out this two lot subdivision from the major subdivision
since that's held up and he wants to proceed with a
minor at this point.
MR. PETRONE: That's correct.
MR. PETRO:
13 and 14.
MR. PETRONE: That's correct, that's a fair summary of
the story I did.
MR. EDSALL: The only difficulty is, gentlemen, that
the town zoning law has changed such that the lot width
is measured at the front lot setback and what he could
have accomplished several years ago without visiting
the ZBA he now has to visit the ZBA because lot 13 as
he shows it has a lot width problem.
MR. PETRO:
has.
Just road width, basically, that's all he
MR. EDSALL: It used to be possible to measure the lot
width at the building line, now you have only one
option, at the front yard setback, so you need to refer

December 8, 1999
27
this to the ZBA and if he's successful, you can proceed
and approve fhe two lot minor.
MR. LANDER: So the only thing we're concerned with
after he goes to ZBA is lot 13 and lot 14?
MR. EDSALL: Correct.
MR. PETRONE: As I stated to the engineer and to this
board, this should be grandfathered, this condition has
been, this lot has been designed that way probably for
four years and we can document that, actually, it's
been measured to that so—
MR. PETRO: But the way I think the law would read
unless you have a final approval, you're still subject
to any new zoning changes and/or laws applied by the
town or state.
MR. PETRONE: I understand that, but this is not a
substantial thing, it was really at the time optional,
you know, it's my opinion, but I thought perhaps this
board would waive it.
MR. PETRO: I don't think we have the power to do that.
MR. KRIEGER: You don't.
MR. PETRO: With that, I would take a motion to grant
final approval.
MR. LANDER: Yes.
MR. ARGENIO: Second it 1
MR. PETRO: Motion has been made and seconded that the
New Windsor Planning Board grant final approval to the
Benedict Ponds minor subdivision on Dean Hill Road. Is
there any further discussion from the board members?
If not, roll call.
ROLL CALL
MR. ARGENIO
NO
MR. BRESNAN
NO

December 8, 1999
28
MR. LANDER
NO
MR. PETRO
NO
MR. PETRO: At this time, you have been referred to the
local zoning board for the necessary variances that you
may require. Once you received those variances and
have them put on the map, you can then reappear before
this board for your final approvals.
-
MR. PETRONE: Can we ask this board to send a favorable
recommendation to the ZBA? It's been done before.
MR. PETRO: Basically, we wouldn't send you there
unless you had that so it's kind of, it's implied.
Also, Mr. Krieger sits on that board so he knows we
just spoke that out and good luck.
MR. PETRONE: I appreciate that.

QryrloJ:^^ S^
Town of New Windsor
555 Union Avenue
New Windsor. NY 12553
(914)563^611

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RECEIPT
#72-2000
D2iD8/200D
Received
%
50.00 for Zoning Board Fees, on 02/08/2000. Thank you for stopping by the Town Clerics
office.
As always, i is our pleasure to serve you.
Dorothy H.Hansen
Towi Cler1<

z^^C..
PUBLIC 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 48-34A of the
Zoning Local Law on the following Proposition:
Appeal No. Oo ^ ^^5
Request of
QMfiT | /KJ(L
.
for a VARIANCE of the Zoning Local Law to Permit:
being a VARL^VCE of Section
4S -
l^-T<GiV?l-P.
(i
lA^fiu Ok
Px^<r
-
ColX).
for property situated as follows:
known and designated as tax map Section B 3 , Blk. 1 Lot
\^ - "^
PUBLIC HEARING wiU take place on the
ol^day
of Ud)AjU6AU
, iT
at the
New Windsor Town Hall, 555 Union Avenue, New Windsor, New York|)eginning at 7:30
o'clock PJVl
\hnipf> liu<^M^
Chaimian

o
TOWN OF NEW WINDSOR
ZONING BOARD OF APPEALS
APPLICATION FOR VARIANCE
Date
I. Applicant Information:
(a)
CDHf\f,
ihJCL Sol rbHAiAffiiroujt^ ZJ> ^ Tu\a3>o i^i2ku ,fJ^ la^oq
(Name, address and phone of Applicant)
(Owner)
(b)
^zi
(Name, address and phone of purchaser or lessee)
(c)
_^:i
(Name, address and phone of attorney)
(d)
^C^KJJ Tr»i2-C)Luv
9elu-^
P.Q. fooy \to(g flML^ 5oSH i<^Y- (^^6:<b
(Name, address and phone of contractor/engineer/architect)
II .
Application type:
(
)
Use Variance
C^yZ.}
Area Variance
) Sign Variance
)
Interpretation
III .
Property Information:
(a)
^--3
DBXKJ
M
{I-^
\^\>
(Zone)
(Address)
(b) What other zones lie within 500 ft.?
(S B L) (Lot size)
(c) Is a pending sale or lease subject to ZBA approval of this
application?
h^O
(d) When was property purchased by present owner? H^V t^a^ .
(e) Has property been subdivided previously?
Y^-S .
(f) Has property been subject of variance previously? fsjo
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: •
' MtO
IV.
Use Variance.
KJA-
(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 .
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 from New Windsor Zoning Local Law,
Section ^^^'^, Table of |2-3> P>^ucr Regs., Col. 1>.
Proposed or
Variance
Requirements
Available
Request
Min. Lot Area 3 2/
(alO
$>r Q 3 z^^z^
s\~
—'
Min. Lot Width
/o<o> '
S<^
.03*
40 . ^1'
Reqd. Front Yd. ^^ '
(^70 '
Regd. Side Yd. /6'7^P'
AC/l9o'
Reqd. Rear Yd. 4(^'
Si
'
Reqd. Street
^
,
,
Frontage*
t>0
(c^O
Max. Bldg. Hgt.
'^g^*
^^3^ '
Min. Floor Area*
hCKKD SF
>l>
<^^^ 3F
Dev. Coverage*
/ 3
%
^IS
Floor Area Ratio** —
-^
Parking Area
---
* 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.
Describe why you believe the ZBA should grant your application for an
area variance:
THIS i-ar
/s P/AgT ^F A >5ur3.D\i;/6foNa
6oJ-jtCH
UJAS'>U&Te:cT
Due:
TO
TMt:^
PL^/^*^^ op
ru^
3HAt^^oP
Ac/t£S
.
(You may attach additional paperwork if more space is needed)
^(^^ty^ Paa^
VI. Sign Variance: AOA-
(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:
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;
y^ Copy of referral from Bldg./Zoning Insp. or Planning Bd.
Y^
Copy of tax map showing adjacent properties. ^e€i^<^t2i;'€L( rmtvpj
MC^ Copy of contract of sale, lease or franchise agreement.
Y: Copy of deed and title policy.
X 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.
KJiX
Copy(ies) of sign(s) with dimensions and location.
X, Two (2) checks, one in the amount of $ ^O and the second
check in the amount of $ 3^>o # each payable to the TOWt-J
OF NEW WINDSOR.
K)A Photographs of existing premises from several angles.
X. Affidavit.
Date
:
\^k ^/n
STATE OF NEW YORK)
) 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. ,_
{HJUCCT
(
ilf
Sworn to before me this
SS^^ay
of
%mke^->
19i5.
XI. ZBA Action:
(a)
Public Hearing date:
^,
LYNNEA.CANNC3VA
Notary PuWic, State of NewVbrk
No. 01CA6019436
QoalWed In Orange County
nommiMioil Expiree Feb. 8,2001

(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)

OMAT, INC.
. G0«0 AND RETURN TO:
(Nam* and AMIW*)
AOACH THIS SHEET TO THC FIRST
PACX
OF EACH
mCOmtO
INSTRUMENT ONLV
00 HOT «vmTf KlOWr TH>S lihC
Donald W. Nirro, Esq.
176 Main Street
COBhen, New York
10924
CONTROL NO
(iStiSO^
DATg<j5^/%-/V AFFIDAVIT FlLfP
ie
INSTRUMENT TYPE: DEED
c ^
MORTOAGE.
. SATISFACTION.
.ASSIGNMENT.
.OTHER.
BG20 Blooming Grov*
CH?2 Chestar
C024 Cornwati
CR26 Crawford
0P28 Oeerpark
0030 Goshen
GR32 Greenvill*
HA34 HamptonOurgh
HI36
Highland
MK38 Minisink
ME40 Monroe
MY42 Montgomsry
MH44 Mount Hop*
NT46 Newburgh (T)
NW48 New Windsor
TU50 Tuxedo
WL52 Wallkill
VVK54 Warwick
WA5S Wawayanda
W058 WooODury
MN09 Middieiovm
NC11 Newburgh
PJ13 Port Jervis
9999
Hold
zz:
SERIAL NO.
Mortgage ArTKHmt $.
Exampl
Yw
CHECK
CASH
CHARGE
y^
No.
3^ Cooking Units YM
No.
Received Tax on atxive Mortgage
Basic
S
~
MTA
$
Spec. Add.
$
TOTAL
S
MORTGAGE TAX
TRANSFER TAX
RECORD. FEE
REPORT FORMS
CERT. COPIES
S
$
MARION S. MURPHY
Orange County Clark
ClT^
by..
ORANGE COUNTY CLgWS OFFICE S.&
^'•'ock ^Z_Vt7^ i" ijber/Film
3/ ^
u<Ry Clerk
M
RECEIVED
$4
REAL
^
ESTA, 55.
' MAY 17 1^89
TRANSFER TAX
ORANGE COUNTY
J
iR»3143Kc( 186
L
party o< the/im part, and
OMAT, INC, « New York corporation, having an
office at R.D. #1, Box 6730, Monroe, fiew York
10950,
. arty of the Kcond pan.
/wrnVESSETH, that the party of the fint part, in conn'Jerttion of TEN ($10.00) and 00/100-
.........••...._..._...................—...................—.--...... jjol tan.
lawful money of the United Sutet.
and Other good and valuable consideration
paid
by the party of the lectmd part, doet heirby
pvA
and icleaae unto the party of the lecosd part, the bein or
•uccenoa and aavKna of the party of the tecond part forever.
All. that certain plot, piece or parcel of laod. with the buildinf* and improvementa thereon erected, atuate,
lyiof and being in the Town of New Windsor, County or Orange and State of New York,
bounded and described as follows:
SCHEDULE A (Description) ANNEXED HERETO AJOHADE A PART HEREOF (Two Pages).
Being and Intending to be a portion of the premises conveyed by Omat, Inc..
to Michael Petrone, In a certain deed dated Ma^ i?^.
\'\\>'\
, and
intended to be duly recorded simultaneously herewith.
iB« 3143 wet 187

, ../
.'.jj-l
n*fy
r^y/c
•.^
ALL THAr
UkHD.
Situatt In tilt Town of
rk, bound?''
^Merited
'%
'Motst-
WtK».
^-..i/.
6:
- at <t point. tMsin*, Uit iniersectlon of lh« centtr line of
Mount Air/ Road with the westerly bounds of Dean Hill Road;
TH£(Ce fro« said place of beginning and along the westerly bounds of
Dt.n Hill Road;
SOUTH Thlriy-Flve Degrees. One HInote, forty Seconds East. Three Hundred
Twenty-Three and flfty-SIx Hundredths feel {S 35*-or-40" E, 323.S6'):
SOUTH Thirty-Five Degrees, Fifty-Eight HInutes, Fifty Seconds East. Ont
Itondred Thirteen and Twenty-Three Hundredths feet (S 35»-58'-50" E, 113.23') to
a set 5/8" Iron rod, flush In the ground, being the northeasterly most corner
of lands of Richard T. and Sharon J. Vanasco, Deed Reference Liber 2022, Page 702;
THENCE along the line of lands of said Vanasco, the following three (3)
courses and distances;
SOOTH Sixty-Two Degrees, Fifty-Seven Mlnotes, Five Seconds West. Ihret
Hundred Mine end Illnety-SU Hundredths Feet (S 62*.57'-05" H, 309.96') to • set
5/8" Iron rod;
SOUTH Tiilrty-Flve Degrees. Thirty HInutes. Five Seconds East, One Hundred
Forty-foor and Forty-Six Hundredths feet (S 35'-30'-05" E, 144.46'} to a set
5/8" Iron rod;
NORTH Sixty-Two Degrees, Four Minutes, Forty Seconds East. Three Hundred
Ten and Forty-Elght Hundredths Feet (N 62*-04'-40" E, 310.48') generally following
the line of the remains of a stone wall the latter portion of the course to a
set 5/8" Iron rod on the westerly bounds of Dean HIU Road;
IHlfXt
along said westerly bounds, the following four (4) courses and
distances, namely:
SOUTH Thirty-Five Degrees, Fifty-Eight Minutes, Fifty Seconds East, Ont
Hundred Eighty and ThIrty-SIx Hundredths Feet (S 35»-58'-50" E, 180.36*);
SOUTH Thirty-Seven Degrees. Twenty-Six HInutes. Five Seconds East, One
Hundred Sixty-SIx and Seventy-Five Hundredths Feet {S 37«-26'-05" E, 166.75');
SOUTH Forty-One Degrees. Fifty-Two Minutes, Ten Seconds East, One Hundred
Seventy-Six and Seventy-Nine Hundredths feel (S 41«-52'-10" £, 176.79');
SOOIH Forty-Seven Degrees, Nine Minutes. Five Seconds East, EJghty-Slx
and Slxty-SIx Hundredths Feet (S 47»-09'-05" E, 86.66') to a set 5/8" Iron rod;
•continued-
w»3143«f 188
If^v
1
t
coursev
i".
unKlH
four Oeyre"??.
Umt
Knijjos. forty Secondi {*«,•
One JiuicJieatiis feel (N 0^'-G9'-40" W. 93.01');
.i.i«ty-lr..w.
.,id
«r«rH six Degrees.
Svsen
M|nti?es. Ten Seconds West. One i-'-sidred forty-Four
and Sevenly-Six Hundredths feet (N OG'-O/'-IO" H. J44./6*;;
NOflIU Seven Oeytocs. Nineteen Minutes, Twenty Seconds West, One Hundred
Njnety-Iwo and Seven Hundredths Feet (N 07»-19'-20" W. 192.07*);
NORTH Four Degrees. Txenty Minutes. Thirty Seconds West, Ninety and Fifty
Hundredths feet (N 04''-20'-30" W. 90.50');
NoaiH One Degree. Zero HInutes. flfiy-flve Seconds East, Eighty-Four and
M|n<»ty-lhrc€ Hundredths Feet (H Ol'-OO'-SS" E, 84.93');
NOftTH Five Degrees. forty,flve Minutes, Forty-Five Seconds East, Elghty-
Ont and Seventy-Eight Hundredths Feet (N 05*-45'-45'' E. 81.78');
NORTH Ten Degrees. Forty-Six Minutes. Twenty Seconds East, Eighty-Four
and Elghiy-Two Hundredths Feet (N I0»-46'-20" E. 84.82');
NORTH Twentv-One, Degrees.-Eighteen Minutes, Twenty Seconds East. Ninety-
Three and eighty hundredths Feet (N 2r-18'-20" £, 93.00');
NORTH Twenty-Eight Degrees, Twelve HInutes. Five Seconds East. One Hundred
Thirty-Seven and Three Hundredths Feet (N 28"-12'-05' E. 137.03');
NORTH Twenty-Nine Degrees, Thirty-Seven Minutes. fifty-Five Seconds East.
Three Hundred Eight and Twelve Hundredths feet (N 29"-37'-S5" E. 303.12') to
the place of beginning.
EXCEPTING from the above described parcel, a parcel now owned by New York
Telephone Company as described in Liber 2004 of Deeds, Page 415 and nmre particularly
bounded and described as follows:
BEGIHNING at a found 4" X 4" concrete monument being the southeasterly
corner of lands of said New Tork Telephone CO'-npany, said monument being North
Elghty-Hlne Degrees, Thirty-Five Minutes, Twenty-Five Seconds West, One Hundred
Seven and Sixty Hundredths Feet (N 89»-35'-25" H, 107.60') from a set 5/8" Iron
rod, being the northwesterly corner of lands of Richard T. and Sharon J. Vanasco,
Deed.Reference Liber 2022, Page 702;
THENCE froM said place of beginning and along the line of lands of H.
Franklin Benedict, the following four (4) courses and distances, namely;
NORTH Sixty-Two Degrees. Forty-Eight HInutes, Fifty Seconds West. One
ifcindred and Twenly-Two Jfcindredths Feet (N 62"-4a'-50" W. 100.22') to a found
4" X •"concrete wnuBent, flush in the ground on the easterly side of Mount
Airy Road;
NORTH Twenty-Seven Degrees, Eighteen HInutes, Forty Seconds East,
(H 27»-l8'-40" E) along the easterly side of Mt. Airy Road, One Hundred fifty
and Seven Hundrc-dths feet (150.07') to a found 4" X 4" concrete i»onur.«nt in
a stone wall;
SOUTH Sixty-Two Degrees, Fifty-Two Minutes, Thirty Seconds East, Nlnety-
Mlno and Seventy-One Hundredths Feet (S 62"'-52'-30" E, 99.71') to « found 4" X 4"
concrete aonuoent at the base of an apple tree. 13* above grade;
SOOTH Twenty-Seven Degrees,
Seven
HInutes, Ten Seconds West, One Hundred
Fifty and Eighteen Hundredths Feet (S 27"'-07'-10" W, 150.18') to the place of
beginning.
THIS EXCEPTION contains 0.344
,^,rt!ii^M''m

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
iilJO'OS.
Applicant
AFFIDAVIT OF
SERVICE BY
MAIL
STATE OF NEW YORK)
) SS.:
COUNTY OF ORANGE)
PAITQCIA 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
um.
, I compared the<^_7_ addressed envelopes containing
the Public Hearing N/6tice 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.
T
t
Patricia A. Bamhart
Sworn to before me this
day of
, 19
.
Notary Public

Date

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TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
J/Sh/!^..
.,19.
ATE
TO
7A}(^^ /i^i^rc^ Ml
DR.
CLAIMED
7^'^
ALLOWED
ii^''-
2-
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A
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32.
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ss

January 24, 2000
19
OMAT. INC. "
MR. NUGENT: Referred by Planning Board for 40.97 ft.
width variance for Lot 13 in the Benedict Pond
Subdivision located on southwest side of Dean Hill Road
in an R-3 zone.
Mr. John Tarolli and Mr. Michael Petrone appeared
before the board for this proposal.
MR. TAROLLI: I'm John Tarolli, engineer and surveyor
for Omat Inc. President of Omat Inc. is Michael
Petrone, next to me. Do you have any maps?
MS, BARNHART: I have one.
MR. NUGENT: That's all we need.
MR. TAROLLI: Lot in question here is lot 13R which
appears on your map in somewhat bold border, it's
alongside of previously subdivided lots in this
subdivision on Dean Hill Road. Along Dean Hill Road,
Omat has over the last eight or nine years had a nine
lot subdivision, we have only shown 2 of the 9 lots
which are lot 14 and 13R. The other lots shown around
this 13R are the ones previously subdivided. The
reason for the request is simply this. In the early
'90's, there were issues before the Town Board with
regard to connection to the public sewer. There was
also a concern about the other end of the subdivision
which there were two private roads. Birch Street and
Ash Street, and the third issue was improvements to
Dean Hill Road which for a portion of it was still a
non-paved road. Those three issues, took several years
to address and resolve, major one being the moratorium
on connection to the sewer system. When the project
was reactivated in 1997, Shannon Acres which some of
you may know is across the street from Dean Hill Road
was in the process of being approved and we came to
find out that Shannon Acres had proposed their
relocation or rerouting of Dean Hill Road which would
affect some of our 9 lots. In essence, we were going
to be given some of the abandoned portion of Dean Hill
Road to add to our 9 lots, it was going to cause a
change in the layout. As we began working with the

January 24, 2000
20
engineers from Shannon Acres on that revised layout, we
found that in 1996, the Town Board had amended the
zoning in essence to say that you needed to have 100
feet of frontage measured at the minimum setback line
where prior to that, you could measure that spot where
the building or the house was located.- So our lot 13R,
while it was conforming before 1996 was now
non-conforming, we had been in for public hearings,
preliminary approval of these 9 lots somewhere in
'94-95 while these issues were being resolved. So, at
this point, we feel that because some matters that were
outside of our control, namely the moratorium and
relocation of Dean Hill Road that Omat should be
entitled to some relief here, this lot has always
looked this shape, the fact that it's narrow at the
front certainly won't affect either the existing house
to its right or the proposed house which we're
proposing to the left, because the home site for lot
13R is way in the back up on the hill. We'll leave
with you if you'd like or mail to you photos we have
taken looking in and around the neighborhood, if you'd
like to see them or keep them this evening, we'd be
glad to give them to you.
MR. NUGENT: John, if you understand the, first, let me
ask you the two questions number one, is there water on
this property?
MR. TORELLI: There's water that's not public, it's a
trunk line to the trailer park, our provision was to
drill wells but connect to the public sewage.
MR. NUGENT: So, this lot that you're asking for a
variance is actually 93,000 square foot.
MR. TAROLLI: That's correct.
MR. NUGENT: When only 2 3,000 is required and the
reason for your variance is because of the road
frontage?
MR. TAROLLI: That's correct, this pictures looking
dead at the lot and the others I have noted right on
the photo in pen where our lot is, it's a wooded lot.

January 24, 2000
21
MR. PETRONE: You can see the remaining lots,
the bulk 6f the lot is three times what's required.
MR. NUGENT: Almost four.
MR. PETRONE: Almost four, this is why we're trying to
make two lots, but then we're restricted by the code.
MR. REIS: Do you have outside user permit? Which are
the two?
MR. TORLEY: This one and this one are the two for the
application. The other seven are down the road and
involved with the realignment of Dean Hill Road. We
have broken these two out because they are not involved
in the realigning, but the one is caught in the change
in zoning.
MR. PETRONE: This is why the whole subdivision was
delayed for four years, several things, but the latest
thing was the realignment of Dean Hill Road which we
couldn't process anything until that realignment was
defined and just been defined six months ago.
MR;' TAROLLI: Yes. :
MR. REIS: How has this road been changed?
MR. PETRONE: Eventually, there were all kinds of
suggestions about changing the road, but eventually,
and this is why it was frozen, eventually it's been
changed, this map does not show it.
MR. TAROLLI: I will show you that part of Shannon
Acres, this two lots that you're looking at are here
and as Dean Hill Road comes down, our other 7 lots are
here, this is going to be abandoned and Shannon Acres
is going to rebuild Dean Hill Road right here, so we're
going to be getting this to add onto our lots.
MR. TORLEY: How did the Dean Hill Road relocation
affect this lot here?
MR. PETRONE: It doesn't anymore, but it was before.

January 24, 2000
22
MR. TORLEY: Dean Hill Road you're talking about
changes down here?
MR. TAROLLI: That's correct.
MR. TORLEY: So this road was never going to be changed
at this point, so why are you saying that road affected
that?
MR. TAROLLI: We didn't break the nine lots into two,
if we were aware that the zoning was going to change
affecting this, we may have phased this out and taken
these two unencumbered by the road location, but we
found out after '96.
MR. PETRONE: We'd like to add that, the issue of Dean
Hill Road was floating around between '94 and '95 and
last year in other words, we didn't know if this road
was going to be finished as it is here, eventually, it
was arranged by the Town Board, the planning board,
town engineer and so forth.
MR. TORLEY: What we're talking about tonight really is
this lot here?
MR. TAROLLI: That's right.
MR. TORLEY: No affect on this?
MR. TAROLLI: Right.
MR. TORLEY: When this plot plan was approved, this was
a legal lot?
MR. TAROLLI: When it was, when we had preliminary
approval, preliminary public hearing, it wasn't granted
preliminary approval because of a number of issues, one
was the condition of Dean Hill Road, second the
moratorium and so on. So, while we were in for
reviews, the zoning changed in terms of the lot width.
So, these lots were not approved and filed.
MR. REIS: There's really no other alternative to
utilize this amount of acreage.

January 24, 2000
23
MR. TAROLLI: We would have to make one large lot of
these two.
MR. TORLEY: When you come back to the public hearing,
I'd appreciate if you tell me who owns this particular
piece of land.
MR. TAROLLI: We have indicated here but we'll
certainly address that. There's a recent lot line
change with the Benedict Estate, I think it was a year
or two.
MR. REIS: No relationship to you folks?
MR. PETRONE: We're using the name because they were
the original owners of the land, Benedict Pond.
MR. TAROLLI: There's no financial or other linkage.
MR. TORLEY: When you come back to the public hearing,
I would appreciate any information that you can give me
on why this particular piece of road or property could
not be somehow merged into other areas so the access
would come in here on this road rather than making a
flag lot.
:, V
MR. PETRONE: Well, this is a different owner.
MR. TORLEY: Well, talk about that at the public
hearing.
MR. TAROLLI: We may also color the map to indicate our
holdings while we're showing them, we may color in the
existing houses. I will illustrate that.
MR. PETRONE: I can anticipate one thing and that is
that the frontage of that property of the remaining
property of the one you indicate Benedict only allows
three lots, there's only 300 feet of frontage, it's a
large property. It's already two lots.
MR. REIS: Accept a motion, Jim?
MR. NUGENT: Yes.

January 24, 2000
24
MR. REIS: I make a motion that we set up Omat Inc. for
a reguest'ed variance for their public hearing.
MR. TORLEY:
ROLL CALL
MR. REIS
MR. TORLEY
MR. NUGENT
Second it.
AYE
AYE
AYE
MR. KRIEGER: If you would take this list here, this
is, these are the criteria on which the state requires
that the zoning board decide. So, if you would address
yourself to them at the public hearing, that would be
helpful.
MR. TAROLLI: Thank you.
MR. PETRONE: Thank you.

,' • >

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

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Assessors Office
December 29, 1999
Omat Inc.
501 Bramertown Rd.
Tuxedo Park, NY 10987
RE:
85-1-13.2
Dear Sirs:
Please be advised that the attached list of properties are within five hundred (500) feet of the
above referenced property.
The charge for this service is $45.00, minus your deposit of $25.00.
Please remit the balance of $20.00 to the Town Clerk's office.
Sincerely,
r
teshe Cook
7/^^
Sole Assessor
im
Attachments
Cc:PatBamhart, ZBA

^•-^.
••
*
Sweeney, Leslie M. & Elizabeth
14 Dean Hill Rd.
New Windsor, ivfY 12553
NY Telephone
C/ O Bell Atlantic Room 3137 Property
Tax Dept,
1095 Ave of the Americas
New York, NY 10036
Desmond John J. Jr.
680 Mt Airy Rd.
New Windsor, NY 12553
Roth, Bennett
685 Mt. Airy Rd.
New Windsor, NY 12553
Wygant Michael E & Davis Christine M
615 Mt. Airy Rd.
New Windsor, NY 12553
Etinscan Enterprises Inc.
C/o Meadow Brook Lodge
Rte 94 Rd 2
New Windsor, NY 12553
Martellaro Joseph A.
&
Patricia
679 Mt. Airy Rd.
New Windsor, NY 12553
Werner Fredrick Donald & Rose Marie
P.O. Box 156
Vails Gate, NY 12584
Town of New Windsor
555 Union Ave
New Windsor, NY 12553
Conques Karen
671 Mt. AiiyRd.
New Windsor, NY 12553
Kryzak Joseph G. & Lorrie A.
114 Dean Hill Rd.
New Windsor, NY 12553
Sarjon, LLC c/o Jacobwitz & Gubits
P.O.Box 367
Walden,NY 12586
Gonzo Michael & Gertrude M.
P.O. Box 753
Highland Mills, NY 10930
Thorpe Richard W. & Dorothy A.
118 Dean Hill Rd.
New Windsor, NY 12553
DiJulio Michael & Patricia
101 Dean Hill Rd.
New Windsor, NY 12553
Byrd Brian R
&
Margarita L Nye
115 Dean Hill Rd
New Windsor, NY 12553
D'Agostino Severino & Constance
106 Dean Hill Rd
New Windsor, NY 12553
Applied Bldg. Devlpt of N.Y. N.W.T., ICC
10 Vista Drive
Chester, NY 10918
Home Denise M.
109 Dean Hill Rd.
New Windsor, NY 12553
McCullough John & McCullough Andrea
126 Dean Hill Rd
New Windsor, NY 12553
Theresa Sweeney
14 Dean Hill Rd.
New Windsor, NY 12553
Haibon Paul R & Joan
105 Dean Hill Rd.
New Windsor, NY 12553
Maurice Elaine
P.O. Box 366
Vails Gate, NY 12584
Wagner Thomas R.
&
Connie M.
97 Dean Hill Rd.
New Windsor, NY 12553
Franke Paul F & Christine
75 Dean Hill Rd
New Windsor, NY 12553
Vanasco Richard T & Sharon J
113 Dean Hill Rd
New Windsor, NY 12553
Smith, Vernon H & Florence
705 Mt Airy Rd
New Windsor, NY 12553

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Legend
<?'.•!
• ••'^/y/ .•
i.iJUl
,. /
\.'LL
kWJfZ/
sf^TAi. 'MONITOR i^ELl CAP. AfCDOfTL C-4'
OR AnpRo\^eD
eouAi
A
xy-x-yx
^^0^5P'^'^
HNS $
COP^S^
SET S/S" fRON ROD A T
p>PO^£^T>-
CORNER
L'TflfTY
UNE AA/O POLE
AOJOINER3
PROPERTY
LINE
UBER OF DEEDS,
PAC^E
TA X MAP DESfaNA
TlON
STONE
^VALL
^A
TERCOURSE/D/TCH
$ D/REC TiON OF Ft OW
/^"
Afl,\.
c::]
OS/'ePSf^e
ORHl HOLE
AND CAS/A/a INTO ROCK.
<^ROur rROM ex.
C^RAOE
USfTO ROCK.
V
^"
OlAMSrSR
CASIN(S
O 23" MJAf. y\/ALt
THfCKNcSS
t
/Nfr A^ONiroR,
sPS-s,
iS7
BN~s8-cr'
• '•> Tl(5Hr CAP, OR APPROVED
EQUAL
uOrACE
rO KEEP RtfNOrr
AkVA Y fROM
^ELL
i
n<4
7TR-BEARING
rORMA THDN
0\^ER BURDEN
CREYfCED,
3MA TTERED OR
C TMERv^/SE
ERAC raREP
LtMES TONE,
tSPAN/TE.
OUARF^/rE
OR
SIMILAR ROCK
rvPES
ONCONSOLIDA TED
MA TER/ALS TO A
DEPTH OE LESS THAN
aa- AND Ei< TENDINIS
A r LEAS T aOOO' IN
ALL DIRECTIONS
0\/ERSl^E
DRILLHOLE
EOR f?RO/JT
DIA.
CA SINS
Sl^E *4"
MIN. DEPTH
40'
y^ELL DIA
CASED \ L/NCASED]
PORTION
PORTION
1
0" MIN
0" PREE
1
/. WELL
-EN DIA.
.A
MIN CASIN&
LENGTH
OR DEPTH
40'
LINER
DIA.
(MIN'i
4"
CONSTRUCTiaN
CONDITIONS
A^SC. REQUIREMENTS
ANNi/LAR SPACE AROUND
CASING SHALL BE GROUTED
CASING SHALL BE ElRML V
SEA TED IN THE ROCK
IE GROUT IS PLACED THROUGH
CASING PIPE AND EORCED
INTO ANNULAR SPACE fROM
THE aOTTOA< or fHE CAEJING,
rns 0\/ERS'^£
ORiLL-iOlE
MA -y BE ONL -y Z" LARGER THAN
THE CASING PPE PPE
<?"
SMALLER THAN THE DRILLHOLE,
AND LINER PIPE 2- SMALLER
THAN CASING SHALL BE
ASSEMBLED WITHOUT COUPUNGS
Zoning Legend { R-J J
Su6ur6an
ResidentiaC
j
rifcrv
END OP CA3IN<S-

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til'
.1 ,
•CMIN.
)
K COPPER
TYPE K PYA TERUNE

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p^:"^-
ZSL
H
LSE
SEE.
0
EX/ST/NC^
cut VERT
$
S/ZIE
PROPOSED
cut VERT
C/S" ADS-N/a
)
EXAST/Ak^
CONTOUR
LfNE CA^uumec/
Da^um')
PROPOSED
CONTOUR
LINE
Z.ONfAJ(^ MIN SETBACK
UNE
PROPOSED
DRIVE
PROPOSED
HOUSE
I OCA TIOA/
LOWEST
SEyVERABLE
ELEVA
TIOA/
PROPOSED
WEIL
LOCATION
£X/ST/NC^
SEWER
MANHOLE
^
S" PVC SERVER
MAIA/
PROP,
^" SAN. SEWER
LA
TERAL
^
CLEANOUT
CASING MUST
CONFORM
TO
AWWA
STANOARD
AK?0 LA EEST
REVISION
CEMENT GROUT AS REQUIRED BY S
TANDARDS
EOR
WELL
CONSTRUCTION
7 "
BOTTOM OE PUMP S' FROM
BOTTOM OE WELL
AfIN LOT AREA
MIN LOT ^YIOTH
REO. FRONT YARD DEPTH
REO. SIDE YARD/S
TOTAL BOTH
YARDS
REO. REAR YARD PERTH
REO. STRE-ET
FRONTAGE
MAX, BID HEI<^HT
MIN LIVABLE FLOOR
AREA
DEVELOPMENT
COVERAc^E
Required
to'- /3R
32,0
TO SF. 93,a52 SF,
59,03
L of/3R
~^-op.
ynce Lot /4
/OO'
3S'
IS' / 30'
40*
3S'
^o.sr-
I70'
^r
--
ISO'
SI-
<SO'
<3S'
/,000 SF
>/,000 SF
3<,
a<0l SF
3T.2'
IT' / 39'
Z0O'
lOT.'^r'
<3S*
y-i.ooo SF
</S°yi>
NOTE:
WELL YIELD SMALL BE S (GPM (MIN. >
yV£Ll
DET/\/L
SCALE
r'=
2000-
V/\/LS C^/\ T£
Location
Map
"iJNAaT}iORIZ:ED Al TERA HON OR ADDITION TO A SURVEY Ai^
BEARING A IICEAHSED lAND SaRVEYOR'S EAfBOSSfD SEAl AS A
i/iaLAr?Q^aT,5Ec?7C^
raop, ,5w-^ia5^av
E, or /hiEA^kv
YORK 6TA TEEOi^CA TIOA/IAIV/'
''CM Y COPIED FROM THE ORIGINAL TRACING OF TM5
5^VEY
MAP MARKED iVIT// THE LAND 50RVEY0R6 EMBOSSED SEAl
SHAU BECONSDERED VAID, TRUECCPIES"
"CERTIfICA THDNS ll\OICA TED HEREON SGNITY THA T THS SURVEY
PVAS PREPARED INACCORDAA/CE WITH T^EXISTING CODE Of
PRACTICE FOR lAND SURVEYORS ADOPTED BY THE DELAiVARE-
HLJOSONIAND
SIRVEYORS ASSOCIA /ION. SAD CERTTKA TIONS
SHAU RON ONI Y TO THOSE NAMED INDIVIDaALS AND/OR INSTlTIF
TIONS FOR WHOM /hlF SLJRYEY WAS PREPARED CERTinCA TIONS
ARE NOT TRANSFERABLE TO ADDITIONAL INDIVDl^LS, INSTITIF
TIONS, THEIR SUCCESSORS ANDOR ASSIGNS, OR SUBSEQijENT
OWAERS."
/>'^c n^^AOj^z3 ^t^J(S ^ ^OARreff
^^:^^!^ ^^m^
LATERAL CLEANOUrs SHALL BE INSTAILEP
AT 7S' INTERVALS if-^ r^-f LATERAL
LENcSTH IS <5R£A T^R TfiAN ^Si

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Notes:
S£)N£R LA T£RAt: a" SPR'<3S P VC Pjf^E
Q
STANDARD 4 X ^ yVYE
L:> SUBJECT
TO ANY C^RANTS, EASEMENTS
OR RIC^HTS OF WA y OF UTILITY
COMPANIES,
OF RECORD,
IF ANY,
Z. ^ SUBJECT
TO ANY FACTS
AN ACCURA
TE, UP TO DA TE TITLE
ABSTRACT
MA Y
REVEAL,
3^i/y^iR LA TERAL
CLEANOUT
CNOT TO
SCALED
3. ) SUBJECT
TO THA T LAND
USE AS A PUBLIC
HIOHYVA Y
WITHIN
THE BOUNDS
OF DEAN HILL ROAD
FOR
4.y SUBJECT
TO A UTILITY
EASEMENT
IN FAVOR
OF THE AMERICAN
TELEPHONE
AND
TELECSRAPH
COA^AAIY
AS DESCRIBED
IN LIBER 08/ OF DEEDS,
PA<5E SOT,
\
AS IT MA Y APPL Y
i
S.
)
CONTOUR
LIAIES SHOWN
ON THIS MAP HA VE BEEN DIC^ITI^EO
FROM A MAP
SUPPLIED
BY THE OWNER
THA T WAS PREPARED
FROM AERIAL
PHOTOC^RA
METRIC
METHODS.
0.^ SUBJECT
RIGHTS
OVER
THAT PORTION
OF LAND,
IF ANY,
UTILISED
BY A
SO'RADIUS
CUL -DE~SAC
AND ROAD
AS MENTIONED
IN LIBER 3^2^
OF DEEDS,
PAC^E
^9.
Ti) ELEVA TlONS
SHOWN
ON MANHOLES
ARE ACTUAL
MEASUREMENTS,
UNLESS
NOTED
AS
^ IN WHICH CASE
THE INVERT
ELEVA TIONS
WERE CALCULA
TED FROM
PROFILES
ON AS BUIL T DRAiA/INOS.
VERTICAL
DA TUM WAS ASSUMED
FROM
THE RIM ELEVA
TION
OF FORCE MANHOLE
'^S ON THE AS BUIL T
DRAWINGS.
a. -> LOT / IS SUBJECT
TO A 20' WIDE SANITARY
SEWER
LA TERAL
EASEMENT
,
FOR INSTALLA
TION AND MAINTENANCE,
IN FA VOR OF LOT /3.
^PE:CiAL
OI^CLa^UR£
^TAT£ME:rs/T:
PRIOR
TO THE SALE,
LEASE,
PURCHASE
OR EXCHANGE
OF PROPERTY
ON TLliS SITE WHICH IS WHOLL Y OR
PARTIALL
Y WITHIN
OR IMMEDIA TEL Y ADJACENT
TO OR WITHIN
SOO' OF A FARM
OPERA TION^ THE PURCHASER
OR
LEASER
SHALL
BE NOTIF^IED OF SUCH FARM
OPERA
TION WITH A COPY
OF THE
/
OLLOWING
NOTIFICA
TION.
''IT IS TEIE POLICY
OF THIS STA TE AND THIS COMMUNITY
TO CONSERVE,
PROTECT
AND ENCOURAGE
THE
DEVELOPMENT
AND IMPROVEMENT
OF AGRICUL
TURAL
LAND
FOR PRODUCTlCiN
OF FOOD,
AND OTHER
PRODUCTS,
AND ALSO
FOR ITS NA TURAL AND ECOLOGICAL
VALUE.
THIS NOTICE
IS TO INF.ORM PROSPECTIVE
RESIDENTS
THA T THE PROPERTY
THEY ARE ABOUT
TO ACQUIRE
LIES PARTIALL
Y OR W/IOLL Y WITHIN AN AGRICUL
TURAL
DISTRICT
OR WITHIN
SOO FEET OF SUCH A DISTRICT
AND TL~IAT FARMING
ACTlVITiES
OCCUR
WITLIIN
THE
DISTRICT.
SUCEI FARMING
ACTIVITIES
MAY INCLUDE,
BUT NOT BE LIMITED
TO, ACTIVITIES
T/iAT
CAUSE
NOISE,
DUST
AND
ODORS,
PRELIMINARY
MAP
Survey & SuBdivision Map
\
Benedict
PontE
2 LOTS

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Estates
II
RecarcJ Owner
Onoaf, Inc., c/o
MIohael Pefrone
'
SOI Bramerfown
Road, Toledo
Park,
NY lOSST
TAX M/\R R£F£R£NC£:
SS-M3.2,
Laf /3, Filed Map /3 a SS
\
P££0 R£F£R£NCeS:
IIB£R
^^^^
RA<:^£ 3/7
\
liB£R 3/43, RA<5£ /B^
\
UB£R 30rs,
RA(^£ SS:
CMorfgage
Reha^e'i

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Situate in tfie Town of New Windsor

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Orange Countyj New TorH State

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ScaCe r= 100'
Oct. 1992

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Area
TotaCs
TOTAL
LOTS
ROAP
PARCEL
TOTAL
AR£A
LINE
35
36
37
38
39
40
41
42
1
DIRECTION
1
N4r52'lO"W
N35*58'52"W
S4r52'lO*'E
S47-09'05"E
S58*l 7'55"E
N35'58'52'*W
N72"10'34''E
S6r4r45"W
DISTANCE
60.00'
27.54'
13.90'
86.66'
6.91*
72.98'
32.89'
28.89'

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Benedict's
Pond

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Notes:
(cont.)
S) A /O' yVIDE EASEMENT
IS RESERVED
AROUND
THE FRONT
AND SIDE BOUM^ARY
OF
EACH
LOT FOR THE INSTALLA
TION, MAINTtNANCE
AND REPAIR
OE
UTILITIES.
/O) PIR£
CUL VERTS
UNDER
PROPOSED
DRIVE/VA
YS SHALL
BE IS'' ADS^Nfa
PIPE.
HI) THE MA XIMUM ALLO^VABLE
DRIVE^VA
Y SLOPE
IS /0%.
THE SLOPE
FROM
THE EDGE OF
DEAN
ROAD
PA VEMENT
TO TEIE R.O.
K<
LINE SHALL
BE A NEc^A TIVE
A'
PER FOOT
CMA
X. ).
/?>
ALL BASEMENTS,
ROOF
AND FOOTINiS
DRAINS
SHALL
DRAIN
TO DA YLK5HT
\T\/ITH APPROPRIA
TE
PIPE.
CONNECTION
OF THESE DRAINS,
INCLUDING
SUMP
PUMPS,
TO TEIE SANITARY
SERVER
SYSTEM
IS STRICTL
Y
PROHIBITED.
REVISIONS
1
NO.
OAm
JT
oes(
BY
A3) LOWEST
SEVERABLE
ELEVA
TIONS
SHOyVN
ARE FOR THE PROPOSED
HOUSE
LOCA TIONS.
ANY
RELOCA
TION OF TJ-IE TKTUSE
^ILL REQUIRE
AN ADJUSTMENT
OF TEIIS ELEVA
TION BY 2.0/% OF
THE CHANCRE IN TJ-iE LA TERAL
LEN(STEi
K9) T^IE MINIMUM SEPARA
TION BETy\/EEN
k^EllS
AND SEVs/ER LA TERAL S SEiALL
BE SO:
TAIE MINIMUM SEPARA
/ION BE f ^EEN ^EIIEJ
AND PROPERT
Y LINES
SL/ALL
BE /S\
f HEREBY
CERTIFY
TO OMA T, INC.
THA 7 TH/S A€AR
A5 ,//j^
RESai
/
OF AN ACTUAL
FiELQ
SUR
VE Y CCJMPL E TED B Y MERCURKJ
NCJR TON TAROL
L /,
LANP
SURi^YlGJO
- ENOINttRlNO.
PC
ON AOOUS
/
^S,
AND
LAST
^
ff-jL^ON
AUC^ljSf
aS, /SSM
JO/IN
TAR^
EACH
LOT
iOT
yVEil
S
^
'
s
L-s^ 4^aa/
^.RViCEO BY MUNKlPAl
SEk^ER
SYSTEM
4
^NPiViPUAL
^S^
p.cxaox J00
^<^
YS MAIN S
Ifi^'Trr
PINE BiJa/i
A
TEl S¥4 r<f<4
FAX
JSlW-/V^~siWcx:»
iS)t&B^M*y^!^||^^
Owner'sS £ndo) ^ei/iei li
/
//Y\ VE RE VIEYVEU
T///^ PLA/S/
AA/O
/
E^REBY
C^RAA/T
MY APf^RO
VAl
OF TELf RlA
T ANP Ei£R£B
Y
<r - :A-^ *//r
TO LTS FtltNG
\TVrTE/
TEi£ ORANO£
COLJNTY
i
>
OFFICE.
^NY\ TU/v
HTL
Pi AN/\ii\K-
ts<.)ARD
APPRK
V I
VM
J<m
* /J^V /

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