1. ZB# 00-06
  2. Thomas Trinajstic
  3. 73-4- 6
      1. APPLICATION FEE (DUE AT TIME OFJILING OF APPLICATION)
      2. MISC. CHARGES:
  4. 94142 JHFieet
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      1. NOW, THEREFORE, BE IT
      2. BE IT FURTHER
  5. t^ja.
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      1. PUBUC NOTICE OF HEARING
      2. ZONING BOARD OF APPEALS
      3. TOWN OF NEW WINDSOR
      4. Appeal No.
      5. Chairman )
      6. ZONING BOARD OF APPEALS:TOWN OF NEW WINDSOR COUNTY OF ORANGE:STATE OF NEW YORK
      7. AFRDAVrr OF SERVICE
      8. In the Matter of the Application for Variance of
      9. ] ^/ - SERVICE yS /j^//?a^Jf770 . BY MAIL
      10. STATE OF NEW YORK)
      11. ) SS.:
      12. COUNTY OF ORANGE )
      13. PATRICIA A. CORSFTTI, being duly sworn, deposes and says:
      14. Notary Public
      15. Sworn to before me this
      16. day of , 20.
      17. Notary Public
  7. TOWN OF NEW WINDSOR
      1. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
      2. s g
      3. El •a •a
      4. (a) Public Hearing date: C-^S^KS^^^i^f^T^'aW£
      5. (b) Variance: Granted (_ ) Denied (^ )
      6. (c) Restrictions or conditions:
      7. (ZBA DISK#7-080991.AP)
  8. RECEIPT #413-2000
  9. a^!^^^
    1. NOTICE OF DISAPPROVAL OF BUILDING PERMIT APPLICATION
  10. Ba^miM
  11. f^'g_£0_k-lL^^'"^^^
      1. ^>^>'/£
    1. NOTICE OF DISAPPROVAL OF BUILDING PERMIT APPLICATION
  12. M^iM.M\^M
  13. Town of New Windsor
      1. Date .,19.
      2. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
      3. February 14, 2000 2
      4. PRELIMINARY MEETINGS;
      5. TRINAJSTIC, THOMAS
      6. Mr. and Mrs. Thomas Trinajstic appeared before the board for this proposal.
      7. MR. TORLEY: Tell us what you'd like to do.
      8. MR. TORLEY: The easement?
      9. MR. KANE: Is the 7 foot easement on the side?
      10. MR. TORLEY: Yes.
      11. MRS. TRINAJSTIC: Is it 10 or 15?
      12. MR. KANE: Unless it's changed until the last year.
      13. MR. BABCOCK: Yes, it does count for side yard.
      14. MR. TORLEY: You can count the easement as part of the
      15. February 14, 2000 3
      16. side yard so they're still short 7 foot 6?
      17. MR. BABCOCK: Right.
      18. MR. KANE: This is the safest spot?
      19. MR. TRINAJSTIC: Also on the left-hand side that would all be gated in.
      20. MS. BARNHART: Did you bring photographs?
      21. February 14, 2000 4
      22. MRS. TRINAJSTIC: We have 6 foot stockade fence going around so it's not like—
      23. MR. TORLEY: I can see that is the flattest terrain.
      24. February 14, 2000 5
      25. Now. the deck, the deck is part of your, surrounding the pool?
      26. MR. TORLEY: It's 4 0 foot?
      27. MR, BABCOCK: Yes and he only has 3 7 feet.
      28. MS. BARNHART: The deck is existing.
      29. MR. BABCOCK: Half of the deck.
      30. MRS. TRINAJSTIC: We want to build out a little bit more.
      31. MR. TORLEY: It's the same price for one or two variances.
      32. MR. KANE: Accept a motion?
      33. MR. REIS: Second it.
      34. ROLL CALL
      35. MR. REIS AYE
      36. February 14, 2 000 6
      37. MR. KAKE AYE MR. TORLEY AYE
    1. •SECTION
  14. SECTION 75

ZB# 00-06

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Thomas Trinajstic

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THOMAS N. TRINAJSTIC
454 PHILO ST.
NEW WINDSOR. NY
12553
1-32/210
340948S586
403
DATE.
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94142
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NEW WINDSOR ZONING BOARD OF APPEALS
73-4-6
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REVISED
In the Matter of the Application of
MEMORANDUM OF
DECISION GRANTING
THOMAS TRINAJSTIC
AREA VARIANCES
#00-06
WHEREAS, THOMAS TRINAJSTIC,
residing at 454 Philo Street, New Windsor,
N. Y. 12553, has made application before the Zoning Board of Appeals for a 7 ft. 6 in. side yard
variance for proposed pool and 3 ft. rear yard variance to extend existing deck the above
residence in an R-4 zone; and
"WHEREAS,
a public hearing was held on the 12th day of June, 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 were three spectators appearing at the public hearing; and
WHEREAS,
no one spoke in opposition to this Application although the three persons
who spoke has questions; 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) The property is a residential property consisting of a one-family home located in a
neighborhood containing one-family homes.
(b) There is an existing deck on the property which the Applicant seeks to extend. The
variances are necessary for the existing deck.
(c) The property is configured so that there is a significant down grade. The deck and
proposed pool are located so as not to be constructed in the down grade, this being the safest spot

on the propeny to locale the pool.
(d) The deck would be similar to other decks in the neighborhood.
(e) Neither the deck nor pool are or will be built over the top of any well or septic
system or any water or sewer easement.
(f) The deck and pool will not effect any ponding or drainage of water.
(g) No trees or significant vegetation will be removed in order to construct the pool or
the deck extension.
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, outweighs 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. 6 in. side yard variance for proposed pool and 3 ft. rear yard variance to extend
existing deck at 454 Philo Street 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 IT FURTHER
RESOLVED,
that the Secretary of the Zoning Board of Appeals of the Town of New
Windsor transmit a copy of this decision to the Town Clerk, Town Planning Board and
Applicant.
Dated: August 14,2000.
f^
ChairmST

TO
Date
TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
Frances Roth
M.M..Djur.y.LaDe
Newburgh, Nj.y 12550

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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 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 rendered and-materials furnished.
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June 12,
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TRINAJSTIC, THOMAS
MR. NUGENT: Request for 7 ft. 6 in. side yard variance
for proposed pool and rear yard variance to extend
existing deck at 454 Philo Street in an R-4 zone.
Mr. and Mrs. Thomas Trinajstic appeared before the
board for this proposal.
MR, NUGENT: is there anyone here in the audience for
this application?
MR. KRIEGER: The record should reflect that three
persons raised their hands.
MR. BABCOCK: Mr. Chairman, the agenda states that it
is 7 foot 6 side yard variance for the pool, it should
state three foot rear yard variance for the existing
deck.
MR. NUGENT: Three foot rear yard?
MS. CORSETTI: For what?
MR. KANE: The existing deck.
MR. BABCOCK: It's just adding a number in there.
MS. CORSETTI: Okay. For the record, we sent out 68
notices to adjacent property owners on May 31st.
MR. NUGENT: You're on, whoever wants to speak?
MRS. TRINAJSTIC: The deck is self-explanatory.
MR. NUGENT: It's there.
MRS. TRINAJSTIC: Right, we just want to make it
longer.
MR. TRINAJSTIC: We have a deck there, we want to
extend it.
MR. BABCOCK: Their extension of the deck, Mr.
Chairman, doesn't do anything as far as making a

June 12, 2000
29
variance any greater, they're going with the property,
when I was out there looking at the existing deck, when
we realized that before these people even owned the
house that it was three foot too close to the property
line, so I felt that since he's coming in for the pool
he might as well get the whole thing straightened out
so it's cleaned up.
MR. NUGENT: You took this pool out of here, is that
what the X is there for?
MRS. TRINAJSTIC: There was, the previous owner had an
existing pool and we never had it but that's where we
want to put the new pool on the south side where the
old people had their pool.
MR. TORLEY: There's a pool there now?
MRS. TRINAJSTIC: No, on this picture on the south side
there's a drawing of a pool right here, that's where we
want to put the new pool.
MR. NUGENT: This one's gone?
MR. TRINAJSTIC: Correct, when we bought the house, it
was never there.
MR. NUGENT: Now this raised deck is where you're
putting the new deck where it says raised deck?
MR. TRINAJSTIC: We're just continuing the long way of
the house.
MRS. TRINAJSTIC: It would be the same width, just not
the same length.
MR. NUGENT: And the side yard we need, why do they
need a side yard, Mike?
MR. BABCOCK: It's the—
MRS. TRINAJSTIC: For the pool itself, we don't have a
pool now.
MS, CORSETTI: Proposed pool shall not be located in

June 12, 2000
30
the required side yard.
MRS. TRINAJSTIC: This picture is a picture from before
when the previous owner had an above-ground pool which
was round, I'm using that as a reference spot to where
we want to put our oval pool which would be the
variance would be 15 feet cause it's a side yard, we're
asking it to be 7 point something from the property,
7.6 from the property line on the south side, the south
yard is--
MR. NUGENT: You're going to use up 15 feet, I
understand.
MR. KANE: What's the size of the pool you're putting
in?
MRS. TRINAJSTIC: It's 15 X 30 or 15 X 33 but the side
of the house to the property line is 27 feet one inch.
MR. KANE: And the reason to put it on the side of the
house?
MRS. TRINAJSTIC: If you look at the pictures, there's
a downgrade.
MR. TRINAJSTIC: Flooding to our back door neighbor if
we put it directly.
MR. KANE: This is the safest spot on the property to
put the pool?
MR. TRINAJSTIC: Yes.
MR. TORLEY: And your raised deck.
MR. KANE: Is this the spot right here?
MR. TRINAJSTIC: Yes.
MR. TORLEY: And the raised deck you have will not be
in contact with any deck around the pool?
MRS. TRINAJSTIC: No, not at the moment, eventually.

June 12, 2000
31
MR. TRINAJSTIC: No, it will be, there will be 6 foot,
I believe a 6 foot deck.
MR. BABCOCK: Which is fine, they're allowed to go
within 15 feet of the property line with that, they're
farther than 15 foot, it's on the other side of the
pool.
MR. NUGENT: Are there any further questions by the
board at this time?
MR. KRIEGER: This deck would be similar to other decks
in the neighborhood?
MR. TRINAJSTIC: Correct, correct.
MR. KRIEGER: And it's not built over the top of any
well or septic system?
MR. TRINAJSTIC: No.
MR. KRIEGER: Water or sewer easement?
MR. TRINAJSTIC: No.
MR. KRIEGER: Doesn't affect the ponding or drainage of
water?
MR. TRINAJSTIC: No, ma'am.
MRS. TRINAJSTIC: Not that we know of, we know where
the easement is.
MR. TRINAJSTIC: Doesn't affect nothing.
MR. KRIEGER: If you built it in the back yard, it's
where the slope is where you described, this is
designed to avoid that?
MR. TRINAJSTIC: Right.
MR. NUGENT: I'd like to open it up to the public,
address all your questions to the board, to the chair.
MR. RICH GRAZIANO: First of all, just like to see the

June 12, 2000
32
plans. Rich Graziano, Richard Graziano, I'd like to see
the plans.
MR. NUGENT: We'll show them to you. The best we can,
what we have, this is the way I understand it, you
correct me if I'm wrong, this is an existing deck, they
are extending that deck to here, not coming out any
further, just going to be longer?
MRS. TRINAJSTIC: It's the opposite way.
MR. NUGENT: They're putting the new, they want to put
the new pool here and they need a variance cause it's
too close to this line, it's okay everywhere else but
it's too close to this line and they need a 7 foot 6
variance.
MR. KANE: The reason they want to put it there because
the slope in the back yard would create a dangerous
situation.
MR. GRAZIANO: Okay, if I'm looking at the house that's
on the right side of the house or the left side?
MRS. TRINAJSTIC: It's not on their side of the
property, it's on the right-hand side.
MRS. LAURA GRAZIANO: I'm Laura Graziano, his wife, on
this drawing, it still shows when they were thinking
about putting it on our side?
MR. NUGENT: They're not putting it there.
MR. GRAZIANO: As long as I'm sure of that then I don't
have a complaint.
MRS. TRINAJSTIC: It's on the south side.
MRS. GRAZIANO: Then I have no problems with that.
MR. NUGENT: Good.
MR. KEVIN HOFRING: Kevin Hofring, I'm the next door
neighbor, you're not getting pool this year or you are
getting the pool but it's going to be in the back or

June 12, 2000
33
the side?
MR. TRINAJSTIC: It's gonna be—
MR. NUGENT: Right in this area and you're here.
MR. TRINAJSTIC: It's gonna be right over here, where
the trees are in the middle of us, it's going to be 7.6
from the property line.
MR. HOFRING: But it's going to go over here.
MRS. TRINAJSTIC: It's going to go right here in this
area exactly where we showed you it was going to be on
the side of the house where we showed you where it was
going to be.
MR. HOFRING: I thought it was going to be in the back.
MRS. TRINAJSTIC: We asked you 7 foot six inches from
the property line, you said it was no problem.
MR. HOFRING: There's no problem, I thought you were
going, here's the property line.
MR. NUGENT: Well, it's actually in back of their
house.
MR. HOFRING: Then I have no problem.
MR. NUGENT: Not going on the side?
MRS. TRINAJSTIC: No.
MR. TRINAJSTIC: It's going on the back of the house.
MRS. TRINAJSTIC: Where this pool was, here's the
house, it's going here.
MR. HOFRING: You can't go this way, right?
MRS. TRINAJSTIC: No.
MR. HOFRING: Is there any reason because I'm saying
there's no—

June 12, 2000
34
MR. TRINAJSTIC: As we said before going that way will
create flooding for the back people of our, facing the
back of us cause the house down slopes, the grading
down slopes, it will create a flooding hazard.
MRS. TRINAJSTIC: Level it out, it would be a two foot
drop from where our cement is where the door is on the
bottom down for it to be level.
MR. KANE: So they'd have to dig out at least two feet
which is a lot.
MR. TRINAJSTIC: Even more than two feet.
MR. NUGENT: Do you have any questions?
MR. HOFRING: How about maybe—
MR. NUGENT: Not good enough.
MR. HOFRING: No, I guess, you know, there's no other
hearings, this is it, right?
MS. CORSETTI: This is it, that's the public hearing.
MR. HOFRING: So, what happens after this?
MR. NUGENT: They get a building permit.
MR. HOFRING: I guess it's gonna be, now, can I just
ask, it's going to be 7 foot 6?
MRS. TRINAJSTIC: From our property line.
MR. HOFRING: That's why you need the variance like you
said, right?
MR. TRINAJSTIC: Right.
MR. HOFRING: Okay.
MR. NUGENT: I'm going to close the public hearing now
and open it back up to the board for any further
questions.

June 12, 2000
35
MR. TORLEY: Many of the homes have decks, similar type
decks?
MR. TRINAJSTIC: Yes, to the left and right of me, they
have decks.
MR. TORLEY: Many of the homes also have above-ground
pools?
MRS. TRINAJSTIC: Yes.
MR. KANE: In building the pool, you won't be creating
any potential water hazards?
MR. TRINAJSTIC: No.
MR. REIS: Do you have to remove any trees from the
side yard to do this?
MR. TRINAJSTIC: No.
MR. KANE: On the sides of the house the flat comes out
and then it slopes down after that?
MR. TRINAJSTIC: Yes.
MR. BABCOCK: There's a small gradual slope.
MR. TRINAJSTIC: I'm flat, it inclines toward the
people in the back, they're going to have to do it a
little bit from where this gate is right here.
MRS. TRINAJSTIC: If you see where the cement is by our
house, what they call the bottom of the deck for it to
be not in their back yard, we'd have to go so close to
the gate for them to be even with the, for it to be any
closer where the cement is, you have to dig down.
MR. TORLEY: Many of your neighbors are probably in the
same situation in regards to back yard variances
required for their decks?
MR. TRINAJSTIC: Yes.

June 12, 2 0 00
3 6
MR. NUGENT: Any further questions?
MR. TORLEY: Accept a motion?
MR. NUGENT: Yes.
MR. TORLEY: I move we grant applicants their requested
variances.
MR. REIS: Second it.
ROL:
MR.
MR.
MR.
MR.
L CALL
REIS
TORLEY
KANE
NUGENT
AYE
AYE
AYE
AYE

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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, will hold a Public Hearing pursuant to Section 48-34A of the
Zoning Local Law on the following Proposition:
Appeal No.
Request of
^QmOf^
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for a VARIANCE of the Zoning Local Law
to
Permit:
being a VARIANCE of Section
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for property situated as follows:
known and designated as tax map Section
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PUBLIC HEARING wiU take place on the /^^day of
\lcUiSL
^^'
at the
New Windsor Town Hall, 555 Union Avenue, New Windsor, New York beginning at 7:30
o'clock P.2V1
Chairman )

ZONING BOARD OF APPEALS:TOWN OF NEW WINDSOR
COUNTY OF ORANGE:STATE OF NEW YORK
-X
AFRDAVrr OF
SERVICE
In the Matter of the Application for Variance of
-r
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SERVICE
yS /j^//?a^Jf770
.
BY MAIL
STATE OF NEW YORK)
) SS.:
COUNTY OF ORANGE )
PATRICIA A. CORSFTTI, 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, New Windsor, N. Y. 12553.
That on the
dL.
day of
/774^
, 20 j2^
I compared the
_AB
addressed envelopes containing the Publl£ Hearing Notice 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 caused the envelopes to be deposited In a U.S. Depository within the Town
of New Windsor.
Notary Public
Sworn to before me this
day of
, 20.
Notary Public

Date...

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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
ss.
I hereby certify, that the items of this account are correct; diat
die
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 rendered and materials
furnished.
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TOWN OF NEW WINDSOR
ZONING BOARD OF APPEALS
APPLICATION FOR VARIANCE
Date:
S/sof&t)
Applicant Information:
.
^, . ^ , \
/'A_ v\ i i ^ .\ ?
(Name, address and phonesof Applicant)(Owner ) t:
(b)
(c)
(d)
I ^.-.sZXjJtll]).
(Name, address and phone of purchaser or lessee)
(Name, address and phone of attorney)
(Name, address and phone of contractor/engineer/architect)
II. Application type:
( ) Use Variance
( ) Sign Variance
( y ) Area Variance
( ) Interpretation
III.K Property Information:
\ ^x \
. ,
-? T?
(a) R-M
^5M "PUo
Sifee\
7^-4-b
- ^O
(Zone) (Address)
(S B L) (Lot size)
(b) What other zones lie within 500 ft. ?
Moi<^.
(c) Is a pending sale or lease subject to ZBA approval of this
application?
v^ o
(d) When was property purchased by present owner? ?>-\o-S8.
(e) Has property been subdivided previously? Wo
.
(f) Has property been subject of variance previously? —
.
If so, when?
(g) Has an Order to Remedy Violation been issued against the
property by the Building/Zoning Inspector?
>ao .
(h) Is there any outside storage at the property now or is any
proposed? Describe in detail:
/Jm
IV. Use Variance, /v//)
(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 Rew Windsor Zoning Local Law,
Section
U-ISi ,
Table of
VUJL AJuc^
Regs.,
Co1&:P^ Cy
Proposed or
Variance
Requirements
Available
Request
Min. Lot Area
Min. Lot Width_
Reqd. Front Yd.
Reqd. Side Yd.
''/• Q
1*0^*
Reqd. Rear Yd. ^D*
5'1 ^
3^
Reqd. Street
Frontage*
^
Max. Bldg. Hgt.
Min. Floor Area*
Dev. Coverage*
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:
' ^
j
~
jp^J.i./*^(LJbjf^
,
Jt^ a^TT^ ^JQ.^^-^
-
(You may attach additional paperwork if more space is needed)
VI, Sign Variance:
f^p-
(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./y/).
(a) Interpretation requested of New Windsor Zoning Local Law,
Section
, Table of
Regs.,
Col.
.
(b) Describe in detail the proposal before the Board:
j/vill. 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:
^
Copy of referral from Bldg./Zoning ..Insp.^ or Planning Bd.
t/^ Copy of tax map showing adjacent properties.
M Copy
of contract of sale, lease or franchise agreement.
i/^ Copy of deed and title policy.
i^ 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.
/Jj/}-
Copy(ies) of sign(s) with dimensions and location.
'L^
TWO (2) checks, one in the amount of $
So,fyc
and the second
check in the amount of $ 3pg./9z?. / each payable to the TOWN
OF NEW WINDSOR.
iX
Photographs of existing premises from several angles.
X. Affidavit.
STATE OF NEW YORK)
) SS.
COUNTY OF ORANGE )
Date: 7^ ^
30
<pkrf^
^
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.
(Applicant)
Q
Sworn to before me this
•^Stfe.dav of V%:?^
^^ :
r»«^ ,
\ j u::aC/(Liaj ^
^-^
PATRICIA A. CORSETTT
XI .
ZBA Action :
Notary Public, State of New
\toric
No. 018A4904434
(a)
Public Hearing date:
C-^S^KS^^^i^f^T^'aW£

(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)

Town of New Windsor
555 Union Avenue
New Windsor. NY 12553
(914)563-4611

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RECEIPT
#413-2000
06«1/2000
TrinaJslic,Tliomas
Received
%
50.00 for Zoniig Board Fees, on 05/31/2000. Thank you for stopping by the Town Cterlirs
office.
As always, i is our pleasure to serve you.
Dorothy H.Hansen
To\AfiCierK

y

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a^!^^^
OFFICE OF THE BUILDING INSPECTOR
^/j^^ ^^
TOWN OF NEW WINDSOR
/ ^
ORANGE COUNTY, NEW YORK
/P'^
/
j
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 12, 2000
APPLICANT: Thomas Trinajstic
454 Philo Street
New Windsor, New York 12553
PLEASE TAKE NOTICE THAT YOUR APPLICATION DATE:
FOR : 52V'Above Ground Pool
LOCATED AT: 454 Philo Street
fi^^j
ZONE:
R-4
DESCRIPTION OF EXISTING SITE: 73-4-6 Eidsting One Family House
IS DISAPPROVED ON THE FOLLOWING GROUNDS:
1.Proposed Pool shall not be located in a required side yard.
COPY

PERMITTED 15'
ZONE: R-4
USE: 48-21-G-l
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:
--•"
7'-6"
fiUILDING INSPECTOR
VARIANCE
REQUEST:
7'-6"
cc: Z.B.A., APPLICANT, FILE ,W/ ATTACHED MAP

PLEASE AUOW FIVE TO TEN DAYS TO PROCESS
•:-*
UtPORTAffT
YOU MUST CALL FOR ALL REQUIREO INSPECTIONS OF CONSTRUCTION
Other Inspections wiB be made ^ most cases but &K)seiisiedbefc)w must be made or Certiiica^
Donotmistake
an unscheduled inspection for one of those listed below. Unless an inspectkm
rcpoii
is left on the job indfca&ig approval of one of these inspedkxis it
has not been approved and it is improper to continue beyond that point in the work. Any disapproved wori( must be reinspected after correction.
1 When excavating is complete and footing fomis are in place (belbre pouring.)
2:
Foundation inspection. Check h^efu^ waterproofing and footing drains.
3. Inspect gravel base under concrete fk)0fs and underslab plumbing.
4. Wh«i Iraming, rough plumbing, rough electric and before being covej^.
5. insulation.
6. Pinal inspecSon for Cerfificate of Occupancy. Have on hand electric^ inspection data and final certified pk>t plan. Buflding is to be
completed at this time. Well water test required and engineer's certification letter for septic system required.
7.. Driveway Inspecfion 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 pennit number, to schedule inspection.
10. There will be no inspectkMTS unless yellow pennit card is posted.
11. Sewer permits must be obtained aking with buikfing permits for new houses.
12. Sepfk: 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 wiH need a Certificate of Occupancy or a Ceriliicate of Compliance and here is no fee for this.
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 #:
Q-cpf-CrOU
^
Owner of Premises-
Mailing Address,
Name of Architect
Address
^
:
Phone
Name nfCnnfmrrtor
U Q sJf^feo n
"Voo W "^ Spg^ . .
(jc m
Hasf^CScrQ
AHHr... ^ O U
;fiV • n V\cy^
^^e.v|^
\KS
^"^Pht^
<^ O ( 537- <^.00 Q'
State whether applrcant is owner, lessee, agent, architect, engineer or bulkier
le^fC^
If applkant is a corporalkMi, signature of duly authorized officer._
(Name and title of corporate officer)

1. On what street is property located? On the
^^' f
.side of
PA/^6
<r
/
,^.,
fT
(MAEorW)
and
/^
^'
feet from the intersection of
/V/t^/
9T
2.
Zone or use district in which premises are situated _
3, Tax Map Description: Section.
Bloc
li
k
it
Is property a flood zone? Y_
Lot
G
4. State existing use and occupancy of premises and intended use and occupancy of proposed construction.
a. Existing use and occupancy
^M£^
f-ftrnits-j
b. Intended use and occupancy
• (^/^^
ff^f^U^f
5. Nature of work (check If applicable)
NewBldg Q Addition D AlleratonD
Repair D Removal D
Demolition D
Other^^^__y-^ j
^
\5^3o
Rear
Depth
Height.
6. is this a comer lot?
^iA
7. Dimensions of entire new construction. Front
8. If dwelling, number of dwelling units:
Number of bedrooms
Baths
Eledric/HotAir
Hot Water
No, of stories
Number of dwelling units on each floor.
.=„
Toilets
'
Heatino Plant Gas
Oil.
If Garage, number of cars.
9. If business, commercial or mixed occupancy, spedfy nature and extent of each type of use.
10. Estimated cost
Fe
/^^.o^
e
S^

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Ba^miM

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f^'g_£0_k-lL^^'"^^^

I
I
L
I &D
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 Lisl& Louis Krychear
Fire Insp Examined.
New
Windsor Town Hall
Approved
555 Union Avenue
Disapproved
New Windsor. New Yori( 12553
Permit 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 public streets or areas, and giving a detailed
description 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 construction and two complete sets of
spedfications. Plans and specifications shall describe the nature of the wori( to be perfomned, the materials and equipment to be used and
Installed and details of stnictural, medianical and plumbing installations.
D. The wori( covered by this application may not be commenced before the issuance of
a
Building PeniiiL
E. Upon approval of this application, 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 specifications shall be kept on the premises, available for inspection ttiroughout tiie
progress of the work.
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 Uie Building Inspector.
APPUCATIC^ IS HEREBY MADE to ttie Building Inspector for tfie issuance of
a
Building Permit pursuant to tfie New Yoric Building Construction
Code Ordinances of the Town of New Windsor for ttie construction of buildings, additions, 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 tfiat he is the owner
or agent of all that certain tot, 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 resgpnsibility for the owner in connecti'on witii this application.
(Signature of Applicant)
/
(Address of Appficant)
^>^>'/£
(Owner's Signature)
(Owner's Address)
PLOT
PlAti

/VOTE;
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

•MiMAMMwyMiiaAi
"Cnrlllicallcn^ lniHcft44V„pnn ,i^n|, ,,,p, ,,j,
»'i|ve/ wo* croD^fiajln nctoid.v,cr v.i,.. iv
SIEPIini4
*^
\\\\\(\
nnuER
l.otralcMl in tlu
COMVEN EI)
PRllCE
loiin of Hew titniJsori
StntD or Men Yorl:
Tax tlo-^inoo-Scction 73-tilDcl; O'l-Parccl
06
Dcing all of Lot N6, Dlocl: 'E' as shown on m.np 112067 fllui
the Crancm County Cleric's Offlno ciititlr'd "UoodiiiiKl"
111 i s ntt
"Unaulhmlicd tillMfiHon or ailiBBoo lo a kiicvky
mK|i boniiiig II lirc«>wtl Imid »iiiTByot*s »t>iil l«
k vlnlntlon ul t«-c;in-i ;2fin. nii»» ili.-ir.Mm
7, tA
ll»«
llrw YmK .•;:.il<- I •Ii-rali'-n la*."
• p In the; result of n field
survey of Eeli. EH, 1993 and is
tru:» and corrnct to tl>n beet of
my Icnowlodge. It is 50 certified
to Hina ndlcr» Drtice I). Coheiit
Eiiipire n f Omorica Honlty Credit
Corp.f llu! fUfirmnlivo Abntract
Comiiany as acjnntB for Old rtf.'publlc
tlatifinal I I lit; Insurnnce Compnnyr
Htepliari Ond Joanne Dnbianslcy.
Ifrnpcls E.. Wljitalcecj (.^5^
j/ ,

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 12, 2000
APPLICANT: Thomas Trinajstic
454 Philo Street
New Windsor, New York 12553
PLEASE TAKE NOTICE THAT YOUR APPLICATION DATE:
FOR : 12x26 Rear Deck
LOCATED AT: 454 Philo Street
ZONE: R-4
DESCRIPTION OF EXISTING SITE: 73-4-6 Existing One Family House
IS DISAPPROVED ON THE FOLLOWING GROUNDS:
1.Proposed 12x26 Rear Deck will not meet minimum 40' Rear yard Set back.
COPY

BUILDINC^ INSPI^CTOR
PERiMnTED 40'
ZONE: R-4
USE: 8-G
MIN. LOT AREA:
MIN LOT WIDTH:
REQ'D-.FROKrYD:
REQ'D.SIDEYD:
REQD. TOTAL SIDE YD:
REQ'DREARYD:
REQ'D FRONTAGE:
MAX. BLDG. HT.:
FLOOR AREA RATIO:
MIN. LIVABLE AREA:
DEV. COVERAGE:
PROPOSED OR
AVAILABLE:
VARIANCE
REQUEST:
37'
3'
cc; Z.B.A., APPLICANT, FILE ,W/ ATTACHED iMAP

PLEASE ALLOW FIVE TO TEN DAYS TO PROCESS
IMPORTANT
YOU MUST CALL FOR ALL REQUIRED INSPECTIONS OF CONSTRUCTION
Other inspectkxis will be made in most cases but those listed bekM must be made or Certifkate of Occupancy may be wi^
Oonotmistake
an unscheduled nspectkxi for one of those listed below. Unless an inspection report is left on the job indk^ting approval of one of these inspecb'ons it
has not been approved and it is improper to continue beyond that point in the work. Any disapproved work must be reinspected after correction.
I. When excavating is complete and footing fomis are In place (before pouring.)
2: Foundafion inspectfon. Check here for waterproofing and footing drains.
3. Inspect gravel base under concrete fkxDTS and underslab plumbing.
4. When framing, rough plumbing, rough electric and before being covered.
5. Insulatron.
6. Fin^ inspectk}n for Certificate of Occupancy. Have on haid eiectricai inspection data and final certified plot plan. Building is to be
completed at this time. Well water test required and engineer's certifu)a6on 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 pennits must be obtained along wiUi building permits for new houses.
12. Septk; 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 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 ALL INFORMATION WHICH APPLIES TO YOU
OwnerofPremises "^A^v^^x^S
K> . ^'^C.voA^^-^K^ .
Address
^/T V
'
/^/)//
O
Sf .
Phone
^'H^S'G^^-
SS" / O
FOR OFFICE USE ONLYy^
^
Building Permit #:
/b
~'^^&&0
Mailing Address.
HS-H
fh.LO
•^
Name of Architect
Address
-
Phone_
Name of Contractor
Address
Phone.
State whether applicant Is owner, lessee, agent, architect, engineer or builder
If appBcant is a corporation, signature of duly authorized officer._
(Name and title of corporate offksr)

1. On what street Is property located? On the
£P^^
\.
SiO/j^ side of
'\
WU O
"":> T
(NiS.EorW)
and
/
STO ^^
feel from the intersection of
hj i tO </:\
S> \
2. Zone or use district in which premises are situated
Is property a flood zone? Y
N ^NJQ
3. Tax Map Description: Section
~^ 3
Block
^
Lot fc
4. State existing use and occupancy of premises and intended use and occupancy of proposea construction.
a. Existing use and occupancy O * 0 C" V f\1w^^f>*- y y
bb. . IntendeIntended d ususe e anand d occupancoccupancy y OKJOOK J " C V<p/>1/^V^p/^ /^ ' V
5. Nature of wori< (check if applicable)
NewBldg D Addilion D Alteration D
Repair D Removal D
Demolition D Other'Sf
6. Is this a comer lot?
7. Dimensions of entire new construction. 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, specify nature and extent of each type of use
10. Estimated cost
Fee
__^
yaeo fir 'f%^,,,,,.
^^/9r/5-f5'^ liil J l i
^FAtC_i/W-A

/
/
^
/
00
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
Pemfiit 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 ttie Building Inspector.
8. Plot plan showing tocation of lot and buildings on premises, relationship to adjoining premises or public sti-eets or areas, and giving a detailed
description of layout of property must be drawn on the diagram, which is part of tiiis application.
C. This application must be arcompanied by two complete sets of plans showing proposed constiucti'on and two complete sets of
spedflcab'ons. Plans and spedficati'ons shall describe Uie nahire of the wori( to be perfonned, the materials and equipment to be used and
Installed and details of sbxictural, mechanical and plumbing installations.
D. The woric covered by this application may not be commenced before the issuance of a Building Permit,
E. Upon approval of tills application, tfie Building Inspector will issue a Building Pennit to Uie applicant togeUier with approved set of plans and
specifications. Such pennit and approved plans and specifications shall be kept on the premises, available for inspection throughout tiie
progress of the worit.
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 tiie Building Inspector.
APPLICATION IS HEREBY MADE to tiie Building Inspector for tiie issuance of a Building Pemiit pursuant to tiie New Yoric Building Constiuction
Code Ordinances of tfie Town of New Windsor for Uie construction of buildings, additions, or alterations, or for removal or demolition or use of
property as herein described. The applicant agrees to comply witti all applicable laws, ordinances, regulations and certifies that he is tiie owner
or agent of all tiiat certain lot, piece or parcel of land and/or building described in tills application and if not ttie owner, tiiat he has been duly and
property authorized to make Uiis application and to assume responsibility for Uie owner in connection wiUi tills application.
(Signature of Applicant)
/
(Address of Appircant)
(Owner's Signatijre)
(Q/mer's Address)
PI HT PI • •'

NOTE:
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
'
-4

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M^iM.M\^M

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Town of New Windsor
555 Union Avenue
New Windsor, New York 12553
Telephone: (914) 563-4631
Fax:(914)563-4693
Assessors Office
May 9, 2000
Thomas Trinajstic Sr.
454 Philo Street
New Windsor, NY 12553
Re: 73-4-6
(I
#
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,
Leslie Cook
Sole Assessor
LC/lrd
Attachments
CC: PatCorsetti,ZBA

Keith & Evelyn Ai^
364 Nina Street
New Windsor, NY 12553
Jan & Angelina Ro^t
362 Nina Street
New Windsor, NY 12553
Thomas & Margaret
360 Nina Street
New Windsor, NY 12553
Carol Pibbs
358 Nina^treet
New Windsor, NY 12553
Thomas & Kathleen Griffin Jr.
356 Nina Strd^
New Windsor, NY 12553
Carmine & Franc^Lepora
354 Nina Street
New Windsor, NY 12553
Robert & Mar&aret iviullins
352 Nina Streei
/
New Windsor, NY 12553
Howard L.
350 Nina Stre'et
New Windsor, NY 12553
John & Kathryn
rossen
348 Nina Street
"^
New Windsor, NY 12553
Isidore & Rosaria Mac
346 Nina Street
New Windsor, NY 12553
Robert Ler
Stacey Haup^
344 Nina StrWt
New Windsor, NY 12i53
Jeanne Stfl
342 Nina
New Windsor, NY 12553
Gail Lehman/
340 Nina Sfreet
NewWSMsor,NY 12553
Mary & William BCp^enblatt
338 Nina Stre^
/
New Windsor, NY 12553
Brendan & Susan/De Milt
336 Nina Street/
New Windsor, NY 12553
Marilyn Mutinelli
334 Nina qjreet
New Windsor, NY 12553
Elliot & Vic
332 Nina Str
New Windsor^
Francis & GCTaldin^icolosi
330 Nina StreSL-/
New Windsor, NY
Thomas & Joa
328 Nina Street
New Windsor, NY 12553
Allen & Stepl
326 Nina Street
New Windsor, NY ^2553
Henry Cru^
357 Nii^JStreet
New Windsor, NY 12553
Myron & Phyllis B<Jmstein Trustees
Bernstein LivingTrust
355 NinaiStre«
New WiiAkbr, NY 125j
Darryl &oaraprjJreyer
353 Nina Str^t
New Windsor, NY 12553
Michael & Sandca MuUer Sr.
351 Nina\strej
New Windsor, NY 12553
Richard &tM;»nlene Baskind
349 Nina
New Windsor^ NY 12553
Fred & Anijgtte Kaiser
347 Nina Street
New Windsor, NY 12553
Patrick Mu^gh
Lisa Izzo
345 Nina Sdfeet
New Windsor, NY 12553
Peter & Irene Mab^zuk
343 Nina Streer
New Windsor, NY 12553
Joseph Grimmer.
Patricia Griiran
437 Philo Street
New Windsor, NY 12553
Alfred & Mai
435 Philo Strei
New Windsor, NY 12553

Joseph & Elizaltettvc/omo
433 Philo Street
New Windsor, NY 12553
Secretary of Veterans yiffairs
C/o Payer & GreenWrger
175 Fulton Avenue
Hempstead, NY 11550
John & Mary Gsarraqj
429 Philo Street
New Windsor, NY 12553
Kenneth & Jeanne Martm
427 Philo Street
Vl
New Windsor, NY 12553
Bob
&
Rosemary Hersh
444 Philo Street
New Windsor, NY 12553
Thomas
&
Kathleen F
446 Philo Street
New Windsor, NY 12553
William Corcora
448 Philo Street
New Windsor, NY 12553
Richard & Laura Gr
456 Philo Street
New Windsor, NY 12553
Donald & Diana
xm
339 Nina Street
New Windsor, NY 12553
Ursula Robei
337 Nina Street
New Windsor, NY 12553
Robert & Xiomara D'Agostino
335 Nina Street
New Windsor, NY 12553
/
Joseph Hafhe
Hyon LeiArins
333 Nina Street
New Windsor, NY 12553
Richard & Bogardu^Breakiron
Anneke-Jans BreaJciron
331 Nina Street
New Windsor, NY 12553
Brian & Diane i^ic^
329 Nina Street
New Windsor, NY 12553
Ronald & Aridre^rophy Jr.
94 Keats Driv\
New Windsor, NY 12553
Michael & )iane4.auna
86 Keats Drivfe
New Windsor, NY 12553
Anthony
verley Marchesani
88 Keats
New Windsor, NY 12553
Gerald & Eva Maria Wolfe
97 Keats DiWe
New WindsoY, NY 12553
Wanen Schawer
Marion ^jox
95 Keats Drive
New Windsor, NY 12553
Victor D'E^ostto, ETAL
Life Estate fby^George Charles
93 Keats DnVe
New Windsor, NY 12553
Ben
&
Irena/tng
91 Keats Unve
New Windsor, NY 12553
LG Enterprises of N^w^ersey, hic.
108 Lauren Lane
Lakehurst,NJ 08733
Kevin & LesKe Hoi
452 Philo Street
New Windsor, NY 12553
John & Catherfae Oanale
327 Nina Street^
New Windsor, NY 12553
James & He\eni
375 Byron Lane
New Windsor, NY
12553
InezM^
345 SheHyiload
New Windsor, NY 12553
David & Ddbra A/m Patterson Jr.
89 Keats DnVe/
New Windsor^NY 12553
Konstantinos^ Margarita loannidis
87 Keats Dri\^
New Windsor, NY 12553
David & Migdalia
85 Keats Drive
New Windsor, NY 12553

Leo & Sandra TaH
83 Keats Drive
New Windsor, NY 12553
Michael Sulla
Kathleeji Heal)
380 Fr6\t
LaAe
New Wirtdsor, NY 12553
Otto Scheible
532 MacNary Lani^
New Windsor, NY 12553
Laborer's Local 17 Training &
Educational Trust FUJM
305B Little Britain Road
Newburgh,NY 12550
Joseph & Myra Jean
50 Steele Road
New Windsor, NY 12553
Anton & Lucia'
81 Steele Road
New Windsor, NY 12553
William & Joyce
75 Steele Road
New Windsor, NY 12553
han Jr.
David Recine
Julianna F^ci/^e
Julia Bilelle
79 Steele Road
New Windsor, NY 12553
Lois Musman & Richard Stede
C/o Lois Steele
V/
PO Box 2181
Newburgh,NY 12550

Date
.,19.
TO
TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
Frances Roth
TeS'l^t-DruryLafje--
f4ewburgh. N.Y. 12550
DR.
CLAIMED
ALLOM7ED
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5.
'l^JD /A^] ibn^i^ ///)
ys^t
'TrvtVA!5f;c
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n(,\4/;-^5
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February 14, 2000
2
PRELIMINARY MEETINGS;
TRINAJSTIC, THOMAS
MR. TORLEY: Request for a 7 ft. 6 in. side yard
variance for proposed pool and 3 ft. rear yard variance
for proposed deck at 454 Philo Street in an R-4 zone.
Mr. and Mrs. Thomas Trinajstic appeared before the
board for this proposal.
MR. TORLEY: Tell us what you'd like to do.
MRS. TRINAJSTIC: From this area right here, there's a
7 foot drainage pipe here and the—
MR. TORLEY: The easement?
MRS. TRINAJSTIC: We want to go next to the 7 1/2 feet
off our property line between our house and our
property line. There's—
MR. TORLEY: Requesting 7 foot 6 inch side yard
variance with proposed pool and three foot rear yard
variance for proposed deck.
MR. KANE: Is the 7 foot easement on the side?
MR. TORLEY: Yes.
MR. KANE: Does it go from the property line or ten
foot in New Windsor, right, except for Butterhill which
is 12?
MRS. TRINAJSTIC: Is it 10 or 15?
MR. KANE: Unless it's changed until the last year.
MR. TORLEY: R-4 side yard's 15. Mike, you cannot
build on a easement nor can you count that as for lot
area. Does that also count for side yard?
MR. BABCOCK: Yes, it does count for side yard.
MR. TORLEY: You can count the easement as part of the

February 14, 2000
3
side yard so they're still short 7 foot 6?
MR. BABCOCK: Right.
MRS. TRIMAJSTIC: We're under the understanding that we
can't build on top of that, we understand that.
MR. TRINAJSTIC: We have the same probably, if you're
looking at our house, this would be on our left-hand
side, if you're looking at our house, we have the same
problem distance-wise on our right-hand side and in the
back of the house, we have another problem because it
will create probably a drainage problem for our
neighbor directly opposite.
MRS, TRINAJSTIC: Because our yard goes so far down,
they said they'd have to dig anywhere between 2 1/2 to
3 feet down because that's how our slope is, so we
picked the place where it is and not only that, we'd
have to cut whatever trees we have there and we'd have
the problem with people behind us no matter where we
place it in the yard, we have a problem.
MR. KANE: This is the safest spot?
MRS. TRINAJSTIC: Yeah and if it's in the back, let's
just, God forbid somebody was to fall back onto the
deck, if the pool is behind here between the fence,
there's a good chance they're either going to hit the
pool or fall into the pool. It may not be a main
concern for everyone, but it's a main concern for me
because I have three small children, if it's on the
side of the house, if somebody was to accidentally fall
off the deck, the deck is not going to be where the end
of the deck is going to be is not going to be where you
can fall into the pool, you'd—
MR. TRINAJSTIC: Also on the left-hand side that would
all be gated in.
MS. BARNHART: Did you bring photographs?
MR- TRINAJSTIC: I have pictures here to show this
would be my house right here, and this would be the
property line, actually, half of the gate they have on

February 14, 2000
4
my property, so this is actually, this is actually the
property line right here,. You can see the side of my
house where I'd want the* pool and it goes between their
gate and their house -.that no splashes or anything which
is approximately 24 feet from the gate of the property
line.
MRS, TRINAJSTIC: He wants to know if the pool, we
don't have, the pool doesn't have struts going down the
side?
MR. TRINAJSTIC: No, they go straight down, this is
just to show you all the trees in the back and if we
put the pool in the back, it would probably create
water damage to people directly next to us.
MRS. TRINAJSTIC: We have 6 foot stockade fence going
around so it's not like—
MR. TRINAJSTIC: That's showing the trees again. And
this right here is on the other side where I have the
same problem as far as footage and the other thing is
you can't really see too good all the snow there how it
slopes down.
MRS. TRINAJSTIC: We have the chimney there that takes
up that much further out and that would be that much
further closer to their property.
MR. TRINAJSTIC: This is just showing you the distance
between their house and the property line gate that
like I said, the water would not splash and interfere,
hurt their property in any way.
MRS. TRINAJSTIC: From their house to the wall of the
pool would be 31 feet five inches, it's 24 feet from
their house to the, to our property line plus 7 1/2
that we're asking for for the side of the pool towards
our house, so it would be 31 feet five inches from
their house.
MR. TRINAJSTIC: This is going to be showing you where
the pool would be, okay, this is a good shot.
MR. TORLEY: I can see that is the flattest terrain.

February 14, 2000
5
Now. the deck, the deck is part of your, surrounding
the pool?
MR. BABCOCK: No, actually, it's the deck on the rear
of the house which there's one there already and when I
went out to visit them, together over this layout with
then, I realized that the existing deck that's there
now is closer to the property line than what it is
supposed to be. He's just extending the deck. So I
told him since he's coming here for the pool, he might
as well straighten out the deck problem too, we're not
sure how that got beyond.
MR. TORLEY: It's 4 0 foot?
MR, BABCOCK: Yes and he only has 3 7 feet.
MS. BARNHART: The deck is existing.
MR. BABCOCK: Half of the deck.
MRS. TRINAJSTIC: We want to build out a little bit
more.
MR. TORLEY: It's the same price for one or two
variances.
MR. KANE: Accept a motion?
MR. TORLEY: Yes. We do everything by public hearing.
This is a preliminary meeting, let's us get an idea
what you want do so you can see what kinds of questions
we may have.
MR. KANE: When you come back for a public hearing, we
want pictures and you have given some of the pictures
and you have everything that we need so we're going to
vote and set you up for a public hearing. I move that
we set up the applicants for a public hearing.
MR. REIS: Second it.
ROLL CALL
MR. REIS
AYE

February 14, 2 000
6
MR. KAKE
AYE
MR. TORLEY
AYE
MR. KRIEGER: When you come back, if you'd address
yourself to the criteria set forth on that sheet that
would be helpful, because those are the criteria on
which the zoning board must decide by state law.

^
•SECTION
K^
51
a>i
I
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SECTION
75
tWBURGH SO

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