1. ZB# 00-16
  2. William Schwartz
  3. 12-1-44. 1
      1. APPLICATION FEE (DUE AT TIME OF FILING OF APPLICATION)
      2. DISBURSEMENTS;
      3. STENOGRAPHER CHARGES; $4.50 PER PAGE
      4. WILLIAM SCHWARTZ
      5. NOW, THEREFORE, BE IT
      6. BE IT FURTHER
  4. TOWN OF NEW WINDSOR
      1. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
    1. ^^-j-^. ^
      1. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
  5. RECEIPT #483-2000
  6. 1084«
    1. NOTICE OF DISAPPROVAL OF BUILDING PERMIT APPLICATION
      1. PUBLIC NOTICE OF HEARING
      2. ZONING BOARD OF APPEALS
      3. TOWN OF NEW WINDSOR
      4. Appeal No.
  7. Town of New Windsor
      1. (Applicant)
      2. (b) Variance: Granted ( ) Denied ( )
  8. Date .^i^^.,
      1. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
      2. .,19.
    1. ^^s-<J^

ZB# 00-16

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William Schwartz

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12-1-44. 1

\h ^^^djd^)
(^'IMLJ^
lUi-
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APPLICATION FEE (DUE AT TIME OF FILING OF APPLICATION)
APPLICANT;
UcAu^a^.h
[d/^),
"^ILSM
0/9"/^^.
RF^SIDENTIAL:
$50.00
COMMERCIAL: $150.00
INTERPRETATION; $150.00
AXI>
USE
.
j^#
APPLICATION FOR VARIANCE FEE
$
B(>,^
,r*'?r»i-
ESCROW DEPOSIT FOR CONSULTANT FEES
S^O^tV^
(pmb^
DISBURSEMENTS;
STENOGRAPHER CHARGES; $4.50 PER PAGE
PRELIMINARYMEETEI>fG-PER
VAGElmUfR
.\7. $ 3/.fO .
2ND PRELIMINARY- PER PAGE....
flLwPA,
..
$ /^.5"Q
3RD PRELIMINARY- PERPAGE
$
PUBLIC HEARING- PERPAGE
$
PUBLIC HEARING (CONT'D) PER PAGE
$
TOTAL
$
jS
00
ATTORNEY'S FEES: $35.00 PER MEEETING
PRELIM.MEETING:.
!^Mm.,.
,t
$
^S^,(fb
2ND PRELIM.
TtJXv,^.
S3sfOO
3RD PRELIM.
$
PUBLIC HEARING.
$
PUBLIC HEARING (CONT'D)
$
TOTAL
$
^0. QO
MISC. CHARGES;
TOTAL
sll^^.nO
LESS ESCROW DEPOSIT
% 300 ^ OO
(ADDL. CHARGES DUE)
$
REFUND DUE TO APPUC ANT. .$
/ SS, 60

/ , ^
NEW WINDSOR ZONING BOARD OF APPEALS
In the Matter of the Application of
WILLIAM SCHWARTZ
#00-16.
12-1-44.1
MEMORANDUM OF
DECISION INTERPRETING
SINGLE-FAMILY USE
WHEREAS, WILLIAM SCHWARTZ,
356 Union Avenue, New Windsor, New York
12553, has made application before the Zoning Board of Appeals for an interpretation concerning
single-family residence use with two kitchens in an R-4 zone at the above address; and
WHEREAS,
a public hearing was held on the 10th day of July, 2000 before the Zoning
Board of Appeals at the Tovm Hall, New Windsor, New York; and
WHEREAS,
Ms. Ruth Miller appeared before the Board for this Application; and
WHEREAS,
there were no spectators appearing at the public hearing; and
WHEREAS,
no one spoke in favor or 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 apphcation; 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) This one-family home contains two kitchens.
(c) There are presently two electric meters outside the house. It is the Applicant's
intention to wire the house so that there is one electric meter.
(d) The second kitchen in the house has been partially removed.

(e) There are no closures or doors between the finished basement and the main floor.
The finished basement contains a small bedroom but it is not designed to be and
cannot be used as a separate rental unit.
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. Under the circumstances of the use of this dwelling in the past and fijture, it appears
that it is and always has been a one-family structure. It is not being operated as nor is it capable
of being operated in the future as a two-family or two-dwelling unit structure.
NOW, THEREFORE, BE IT
RESOLVED,
that the Zoning Board of Appeals of the Town of New Windsor GRANT
an Interpretation concerning the structure located at 356 Union Avenue; that it is a single-family
structure in an R-4 zone.
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: September 11,2000.
Chairmajr

Date
..j/ujm.

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TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
.,19.
TO
.frmnces.fioth
168 N. Drury Lane
DR.
DATE
CLAIMED
ALLOWED
ifo^.
^j^.'^,,
h^,N^ /11U
y-
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fV'aUto - b
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au

July 10, 2000
19
PUBLIC HEARING;
SCHWARTZ, WILLIAM
MR. NUGENT: Request for interpretation concerning
single-family residence with two kitchens in an R-4
zone at 356 Union Avenue. Let the record show there's
no one here in the audience for the public hearing.
Ms. Ruth Miller appeared before the board for this
proposal.
MR. NUGENT: You're on.
MS. MILLER: I'm Ruth Miller, I have the proxy. The
reason for the request is when we purchased the house
there was a number of violations which we tried to
clear each one one at a time. This is one of them,
there's a kitdtien downstairs, the downstairs was set up
like an apartment, they were using it that way prior.
What we did is we took the wall out between the one big
room in the kitchen and put a doorway in and also put a
doorway leading to upstairs which they had closed up
both things previously. Then our intent was to take
the kitchen out, and we actually unhooked and got rid
of the stove and refrigerator. The problem happened
when we got a building inspector, not the building
inspector, but the engineer told us it's approximately
$10,000 worth of drainage we have to put in. So what
we did is in turn my son is disabled, so my
mother-in-law needs to come up to take care of my son,
we were going to rent her an apartment which is going
to be totally impossible with the amount of money that
we have to spend, the engineering estimate like I
brought to the preliminary hearing was $15,000 just for
the three things that need to be done right away, which
is the drainage system the windows when are actually
broken and the work on the front of the house. There
was bushes all in the way of the road the neighbors
were complaining about which we had already done,
pulled out. So right now, all we want is an
interpretation, we're going to change over the two
meters that are in the house to a one metered house to
show we're not using it as a rental or anything like
that. It's strictly for my mother-in-law's use. One
y

July 10, 2000
20
of the rooms downstairs is going to be used as part of
our house which is a play room, all the rooms are
finished. There's a finished bathroom, we did bring
the building inspector in, he's the one who looked and
told us what we'd need to do in order to make the
windows bigger and so forth, so make the downstairs
where each room would be, you know, within the proper
codes. And so right now, that's where we are. We're
left with that partial kitchen which you can't convert
into a bedroom because when you walk into the house,
there's an entranceway into the kitchen, there's a half
wall between the kitchen and living room and one
bedroom and bath downstairs which was there for
somewhere in the vicinity of 15 years, I'm not sure how
long, but when I looked at the, I went to get a CO .
and they showed when the last time somebody was there
nobody was home, nobody home for 6 years and they
finally had somebody come in and that's when they put
the violation "bn so that's what we're trying to do. I
know it's in an R-4 zone and from what I understood an
interpretation would be what we need.
MR. NUGENT: My only comment on this whole thing would
be as long as there's a relative living there, I see no
problem with what you have.
MR. KANE: Also with the changeover to a one metered
system in the home.
MR. TORLEY: And open doors.
MS. MILLER: We opened up everything.
MR. NUGENT: I see no problem with it at all,
personally.
MR. KRIEGER: Can't be locked off into a separate unit?
MS. MILLER: No, well, it can't be now because we have
steps going down and then there's a, it's actually open
because we're using that big room as a playroom so that
room is a playroom, the room next to it is a laundry
and bath and that's all in the part of the house that,
you know, she's only, there's only one small bedroom
the size of a child's room, not that big because she

July 10, 2000
21
needs her own kitchen, she's very adamant about that.
MR. TORLEY: We're trying to establish that it is not
being used as a separate rental unit,
MS. MILLER: No.
MR. KRIEGER: And could not be made easily into that.
MS. MILLER: No, that's why we're converting it from
two meters, only thing that remains to be ripped out is
converting the two meters to one which we need a CO .
for the work to be done so we have to have this first.
MR. KANE: With our understanding that it will be
converted to a one meter system, I have no problem.
MR. TORLEY: Me either.
MR. NUGENT: Well, how many things did we send out with
this?
MS. BABCOCK: There are 28 envelopes sent out.
MR. NUGENT: I'll accept a motion.
MR. MC DONALD: I move that we approve the request for
the interpretation.
MR. TORLEY: Move that we interpret this structure as
being one-family house as defined by the single meter.
MR. MC DONALD: Second it.
ROLL CALL
MR. TORLEY
AYE
MR. MC DONALD
AYE
MR. KANE
AYE
MR. NUGENT
AYE
MR. NUGENT: You're granted, you're all set.

Date
TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
TO
.M..Z. n2y.//f.£..
.^.£
y.
...,'t9:
DR.
DATE
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P^A6/ijt
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ClCn.^^'
M4
CLAD )«ED
ALL
OWED

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

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RECEIPT
#483-2000
06/26/2000
CeccheteMI, R.
Received $ 50.(H3 for Zoning Board Fees, on 06/26/2000. Thank you for stopping by the Town Cterif s
oince.
As always, I is our pleasure to serve you.
Dorothy H.Hansen
To\Afi ClerK

^-= ^
R CECCHETELLI
RUTH E MILLER
356 UNION AVENUE
NEW WINDSOR, NY 12553
HSBC Bank USA Hopewell Jet, NY 12533
3?„,
^^^J?A^/)/HiJ iCL^ rlh^' £b-lh.
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2
iiOO loaai^oa sa i&u q 7H'
^1^-'
i'^'
R CECCHETELLI
RUTH E
MILLER
356 UNION AVENUE ..
NEW WINDSOR. NY 12553
Salf
/^•^A(./0{)
fea^

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1084«
-108/210
\%SD'^-
"*"'-' DtHi:i on bcl..

OFFICE OF THE BUILDING INSPECTOR
{M^^'^.^
TOWN OF NEW WINDSOR
^--^^^c^^^^
ORANGE COUNTY, NEW YORK
^oN^^^
NOTICE OF DISAPPROVAL OF BUILDING PERMIT APPLICATION
APPLICANT IS TO PLEASE CONTACT IBE ZONING BOARD SECRETARY AT (914)563-4630 TO
MAKE AN APPOINTMENt WITH THE ZONING BOARD OF
APPEALS.
DATE: March 22, 2000
APPLICANT: VincentTllliltai
\U\\i)(}A^^
O^.^iptv^ )
356 Union Avenue
0
New Windsor, New York 12553
PLEASE TAKE NOTICE THAT YOUR APPLICATION DATE:
FOR : Existing 2"** apartment in finished basement.
LOCATED AT: 356 Union Avenue
ZONE: R-4
DESCRIPTION OF EXISTING SITE:
12-1-44.1
IS DISAPPROVED ON THE FOLLOWING GROUNDS:
1. Existing finished basement converted to a 2°^ apartment is not permitted in R-4 zone.
COPY

PERMITTED Not
ZONE: R-4 ^ USE: A-8
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:
VARIANCE
REQUEST:
cc: Z.B.A., APPLICANT, FILE ,W/ATTACHED MAP

FOR OFFICE USE ONLY:
^
^
^
Building Permit
if:
l^S^-'Q-^^
\
PLEASE ALLOW FIVE TO TEN DAYS TO PROCESS
'
lUPORTAffT
YOU MUST CALL FOR ALL REQUIRED INSPECTIONS OF CONSTRUCTION
Other inspections will be made in
m3S[
cases but those Ttsted beknv must be made or Certificate of Occupancy niay be withheld. Do not mist^e
an unscheduled inspection for one of those listed below. Unless an inspection report is left on the job indicating approval of one of these inspections it
has not been approved and It is improper to continue beyond that point in the work. Any disapproved wori( must be retnsmcM jifbwjfn^f#^
1. When excava&ig is complete and footing forms are in place (before pouring.)
-
'
2. Foundafion inspection-Check here for waterproofing and footing drains.
MAR 2 1 2600
3. Inspect gravel base under conaete floors and undersiab plumbing.
4. When framing, rough crfumtMng, rough electric and before being covered:
5. Insulation.
BUILDING DEPARTMENT
. 6. Final inspection for Certificate of Occupancy. Have on hand electrical inspection data and final certified plot plan. Building is to be
completed at
Ms
time. Well water test required and engineer's certification letter for septic system required.
-
7. Driveway inspection must meet approval of Town Highway Superintendent A driveway bond may be required.
8. $50.00 charge for any site that calls for the inspection twice.
9. Call 24 hours in advance, with perniit number, to schedule inspection.
10. There will be no inspections unless yellow permit card is posted.
11. Sewer permits must be obtained along witti building pennits for new houses
12. Septic permit must be submitted witii 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 & UABIUTY INSURANCE CERTIFICATE IS
REQUIRED BEFORE PERMIT WILL BE ISSUED
PLEASE PRINT CLEARLY - FILL OUT ALL INFORMATION WHICH APPUES TO YOU
Owner of
Premse^,.M^xAX^J:xQ^
Ys.
^"^ rj0,[^sYk)S.\^^
Addres
s
s
s
^?f^.-^E^t^^^
^:^;^?v::;^terF
i:;j^^rr^:^U^^^^^
^^^j^h-^-^^.
.
A
^^^KJK
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'^'-t-'^
*^
/
/
/
'^Phbn
'""Phbn
e
e
\ 2.1 Z - M ^ ^
OOJC
Mailing Address rJW l O tb^^A.^? ^ . 2?^<^
^-IX-j-
^V/.
Name of Architect
;
Address
Phone
Name of Contractor
^p\^
Address
Phone
State vifhether applicant Is owner, lessee, agent, architect, engineer or builder
If applicant Is a corporation, signature of duly auUiorized officer.
(Name and titie of corporate officer)

1. On what street is property located? On the
^side of
\ jr\). •-:
A-.
.-^1
\)0
(N.S,EorW)
^'
and
;
feet from the intersection of
K V
-r^c-^
-V '. W\]'\ O fV/
2. Zone or use district in which premises are situated _]
Is property a flood zone? Y
N
V ^
3. Tax Map Description: Section
lo i
Block
^
\
Lot
n ^
. \
4. State existing use and occupancy of premises and intended use and occupancy of proposed construction.
a. Existing use and occupancy
^^~yr
^\^ "^ "^'C^Q'X AVf
^-
Intended use and occupancy
S^^"^ X-^
t
4-At^ii Iw
5. Nature of work (checl^ if applicable)
New Bldg O Addition Q Alteration 0\ Repair Q Removal D
Demolition D Other D ^ ^ -^^
6. Is this a comer lot?
'^ vl /'")
.
7. Dimensions of entire new construction. Front
Rear
Depth
Height
No. of stories.
8. If dwelling, number of dwelling units:
0 \
Number of dwelling units on each floor _ j
Number of bedrooms
^
Baths
/^
Toilets
^
)
Heating Plant: Gas
Oil.
Electric/Hot Air
%^\^c^\c\c
Hot Water
x^-^'^
If Garage, number of cars _____IZI
9. If business, commercial or mixed occupancy, speafy nature and extent of each type of use
r\j O
10. Estimated cost
^
f^ClT) ,
Fee _

APPLICATION FOR BUILDING PERMIT
date
TOIYN
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 Hail
Approved.
555 Union Avenue
Disapproved.
New Windsor, New York 12553
Permit No.
(914)563^618
(914) 56^4693 FAX
"'
INSTRUCTIONS
A. This appBcation must be completely filled in by typewriter or In Ink and submitted In duplicate to Hie Building Inspector.
B. Plot plan showing location of lot and buildings on premises, relationship to adjoining premises or public sfa-eets or areas, and gwing 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 comjiriete sets of
specifwations. Plans and specifications shsdl describe tiie nature of the work to be perfonned, the materials and equipment to be used and
Installed and details of stmdural, mechanical and plumbing installations.
D. The work covered by this application may not be commenced before the Issuance of a Building Pennit
E. Upon approval of this application, tiie Building Inspector will issue a Building Pennit to tiie appik^ant togetiier witii approved set of plans and
specifications. Such permit and approved plans and specifications shall be kept on ttie premises, available for inspection throughout the
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 the Building Inspector.
APPLICATICW IS HEREBY MADE to tfie Building Inspector for tiie issuance of a BuiWing Permit pursuant to
9\e New
York Building Construction
Code Ordinances of the Town of New V\flndsor for the construction of buildings, additions, or alterations, or for removal or demoBtion or use of
property as herein described. The applicant agrees to comply witti all applicable laws, ordinances, regulab'ons and certifies that he is the owner-
or agent of all tf^at certain lot, piece or parcel of land and/or building desaibed in tfiis application and if not tiie owner, tiiat he has been duly and
properly auttiori^d toTfi^ke this appl'^ation^d to assume responsibility for tiie owner in connedion witii this application.
(Address of Applicant)
<V//
iJ-fyht^^
5 T •^P. il/ f/
M /•
(Owner's Signature)
(Owner's Address)
PLOT PUN

i.yjic:
Locate all
buMings
and
indicate
all set back dimensions. Applicant must indicate the
building line
or
lines deariy and distinctly on the drawings.
N
W
?iK:
«


''^''•-X:%;.
1/

ZONING BOARD OF APPEALS : TOWN OF NEW WINDSOR
COUNTY OF ORANGE : STATE OF NEW YORK
In the Matter of Application for Variance of
Applicant.
AFFIDAVIT OF
SERVICE
#QO_rKa_.
BY MAIL
-X
STATE OF NEW YORK)
) SS.:
COUNTY OF ORANGE )
IMTiftl
i2-Mtatips=^0S3!fmsif^f
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^ra.'aft]ilin Avonuo, New Windsor, N. Y. 12553.
On ^ )^A|fc^,)^^
oifi. ^aO.
I
I compared the
pfS
addressed
envelopes containing the attached Notice of Public Hearing with
the certified list provided by the Assessor regarding the above
application for variance and I find that the addressees are
identical to the list received. I then mailed the envelopes in a
U. S. Depository within the Town of New Windsor.
•iciu A. DmiihjiiL.
Sworn to before me this
^^. day of%4jL,
^2J^ ' ^^^
Notary Public
PATWCIAA.CORSETTI
Notary PubWc, State of
New
TM*
^ ^ No. 01BM904434
Qualified
m Orange County
Commission
Expires August 31, 2
SOU
(TA DOCDISK#7-030586.AOS)

PI /) hli^ i^r^AthU^ ' ^^^ ^^'^^ -h /^pliCU^t(^ ^J22JI^ cJUa6%.
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, will hold a Public Hearing pursuant to Section 48-34A of the
Zoning Local Law on the following Proposition:
Appeal No.
Request of
fn"^
7)1 I'/IIA. I()/yi.
K^^QA^t^
for 8 VARIANCE of the Zoning Local Law to Permit:
being a VARLiNCE of Section ^^-^Ma^
J U^-^tifti^ Pr>^ - fikl. (Q
for property situated as follows:
known and designated as tax map Section
\^
,
Blk. _\
Lot
n^. I
PUBLIC HEARING wiH take place on the
/S^
day of ^uAu
,-^^ , at the
New Windsor Town Hall, 555 Union Avenue, New Wmdsor, New Vork beginning at 7:30
o'clock P.M.
Chfllrmanv
Si^y-Q^.Qxcu
-A. Corit^ ,Sm^.

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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 2, 2000
WilHam Schwartz
356 Union Avenue
New Windsor, NY 12553
Re:
12-1-44.1
Dear Mr. Schwartz,
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 $45.00, minus your deposit of $25.00
There is a balance due of $20.00.
Sincerely,
Leslie Cook
Sole Assessor
LC/lrd
Attachments
CC: Pat Corsetti, ZBA

Menorah Hill, Inc.
52 Yacht Club Drive, Apt 309
North Palm Beach, FL 33408
Josephine DiPaolo
32 Hillside Avenue
New Windsor, NY 12553
Jamie & Wilma Anzalone
27 Hillside Avenue
New Windsor, NY 12553
William
&.
Jacqueline Rumsey
PO Box 4101
New Windsor, NY 12553
Angelina Talmadge
154 Windsor Highway
New Windsor, NY 12553
Bernard McCuUom
31 Hillside Avenue
New Windsor, NY 12553
Town of New Windsor
555 Union Avenue
New Windsor, NY 12553
Andrew & Catherine Moglia
14 Little Lane Road
Newburgh, NY 12550
John & Louise Baker
35 Hillside Avenue
New Windsor, NY 12553
Craig Saris
75A Lake Road, PO Box 109
Congers, NY 10920
Chris Doogan
48 Hillside Avenue
New Windsor, NY 12553
Anthony & Rose Damiano
39 Hillside Avenue
New Windsor, NY 12553
Ann Lease
366 Union Avenue
New Windsor, NY 12553
Aldo Aciego
44 Hillside Avenue
New Windsor, NY 12553
John & Ellen AntonelU
43 Hillside Avenue
New Windsor, NY 12553
Newburgh Enlarged City School District
124 Grand Avenue
Newburgh, NY 12550
Stephen DiCarlo as Executor for
Rose & Anthony DiCarlo
1 Suimy Slope Rancho
Santa Margarita, CA 92688
Harry, Janice & Mark Walters
364 Union Avenue
New Windsor, NY 12553
RPA Associates LLC
C/o AVR Realty Company
1 Executive Blvd.
Yonkers.NY 10701
Samuel & Kathryn Sorbello
36 Hillside Avenue
New Windsor, NY 12553
Frank & Barbara Antonelli
360 Union Avenue
New Windsor, NY 12553
Central Hudson Gas & Electric Corp.
284 South Avenue
Poughkeepsie, NY 12601
Kevin & Ellen Maim
24 Hillside Avenue
New Windsor, NY 12553
Jonle Enterprises, Inc.
354 Union Avenue
New Windsor, NY 12553
Frank
&
Rose Giordano
46 Hillside Avenue
New Windsor, NY 12553
Joseph & Carmela DeLeonardo
1647 Roland Avenue
Wantagh,NY 11793
Archie & Gloria Jean Antonelli
28 Hillside Avenue
New Windsor, NY 12553
Gino & Ella Cracolici
23 Hillside Avenue
New Windsor, NY 12553

TOWN OF NEW WINDSOR
ZONING BOARD OF APPEALS
APPLICATION FOR VARIANCE
Date: (^fe/^,
I.^Applicant Information:
d^flli^m
(Name, address and phone of Applicant)
/ (Owner)
(b)
-
(Name, address and phone of purchaser or lessee)
(c)
(Name, address and phone of attorney)
(d)
(Name, address and phone of contractor/engineer/architect)
II. Application type:
( )
^se
Variance
( ) Sign Variance
( ) Area Variance
(
y< )
Interpretation
111.1/ Property Information:,
/ j /
,/ l
(Zone) (Address)
^ /(S'B L) (Lot size)
(b) What other zones lie within 500 ft.? ^[^^
(c) Is a pending sale or lease subject to ZBA approval of this
application? //D
.
(d) When was property purchased by present owner? j??/i/ •2£>^-7 »
(e) Has property been subdivided previously?
.
(f) Has property been subject of variance previously?
f\Jc\
If so, when?
^
.
(g) Has an Order to Remedy Violation been issued against the
property by the Building/^ning Inspector?
^ Q
.
(h) Is there any outside storage at the property now or is any
proposed? Describe in detail: ^^^
IV. Use Variance,. r4\$5
(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 statem.ent 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: Wj |1
(a) Area variance requested from New Windsor Zoning Local Law,
Section
, Table of
Regs., Col.
Requirements
Min. Lot Area
Min. Lot Width
Reqd. Front Yd.
Reqd. Side Yd.
Reqd. Rear Yd.
Reqd. Street
Frontage*
Max. Bldg. Hqt.
Min. Floor Area*
Dev. Coverage*
Floor Area Ratio**
Parking Area
%
Proposed or
Available
%
Variance
Request
%
* 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 2BA should grant your application for an
area variance:
(You may attach additional paperwork if more space is needed)
VI. Sign
Variance :f^\(\
(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.,
(b) DescribCol
.
e in detail the proposal before the Board:
h> U5 tt> keff
tijtih
Mif CilBlai^a
CknJ
/VVO toe
LOCfLe' ^Oih^
^ p ^ fo p heft--Wo ViWa,
^VIII. Additional comments:
-vv«.^'S » ibsjv u^e eor»MDV fVpArJl ^^1*^
-^-^m ^t.
(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.)
\j^^
are..
>tft.rct
na
»• ^^l^fii^ CpMVL pOn|w.
•P^
\/ IX. Attachments required:
t^ Copy of referral from Bldg./Zoning Insp. or Planning Bd.
Copy of tax map showing adjacent properties.
Copy of contract of sale, lease or franchise agreement.
Copy of deed and title policy.
Copy(ies) of site plan or survey showing the size and
location of the lot, the location of all buildings,
facilities, utilities, access drives, parking areas,
trees, landscaping, fencing, screening, signs, curbs,
paving and streets within 200 ft. of the lot in question.
Copy(ies) of sign(s) with dimensions and location.
Two (2) checks, one in the amount of $_^££^ and the second
check in the amount of $
3^* ^',
each payable to the TOWN
OF NEW WINDSOR.
Photographs of existing premises from several angles.
4
^
!
X. Affidavit.
Date:
J^/Z^Ifftl.
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.
Sworn to before me this
XI. ZBAAction:
(a) Public Hearing date:
(Applicant)
PATRICIA A. CORSETTI
Notary Public, State of NowiWK
NO. 01BA4904434
Qualified In Orango County
..
Commission Expkes Auyusl 31.24a2X-

(b) Variance: Granted ( ) Denied ( )
(c) Restrictions or conditions:
_•
NOTE: A FORMAL DECISION WILL FOLLOW UPON RECEIPT OF THE PUBLIC
HEARING MINUTES WHICH WILL BE AtOPTED BY RESOLUTION OF ZONING BOARD OF
APPEALS AT A LATER DATE.
(ZBA DISK#7-080991.AP)

APPLICANT/OWNER PROXY STATEMENT
(for professional representation)
for submittal to the:
TOWN OF NEW WINDSOR PETQ'INING
BOARD ^e>A.
Unjicjinn ochca2(^i:
(OWNER)
at ^\\ U^C^V s6b ^ ^ .
_, deposes and says
that
he resides
^ui the County of
(OWNER'S ADDRESS)
and State of K\gj/.-^ VJofi)^
^and that he is the owner of property tax map
(Sec.
)
Block
\'^
LotHM.|)
designation number(Sec.
Block
Lot
) which is the premises described in
the foregoing application and that he authorizes:
(Applicant Name & Address, if different from owner)
(Name & Address of Professional Representative of Owner and/or Applicant)
to make the foregoing application as described therein.
Apojicant's SigM[mre if different than owner
Representative's Signature
THIS FORM CANNOT BE WITNESSED BY THE PERSON OR
REPRESENTATIVE OF THE COMPANY WHO IS BEING AUTHORIZED
TO REPRESENT THE APPLICANT AND/OR OWNER AT THE MEETINGS,

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Date
.^i^^.,
TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
.,19.
TO
Krances-Roth
16? N. Drury Lane
•r4ewbur-§h.,-N-.Y.-4256Q-
DR.
DATE
CLAIMED
ALLOWED
^M
~7S"(fd
^ii
I^^
cro
^^s-
<J^

April 24, 2000
20
SCHWARTZ, WILLIAM
Ms. Ruth Miller appeared before the board for this
proposal.
MR. NUGENT: Request for existing second apartment in
an R-4 neighborhood at 356 Union Avenue.
MS. MILLER: I'm here for my brother, I live in the
house and my brother's the owner of the house but we
have a separate contract between him and I, I'm going
to put the money down for the house. The reason that I
am requesting the variance is in two parts.
MR. NUGENT: Where is the house?
MS. MILLER: Union Avenue, 35 6, it's the second one up
from Anthony's Deli on the right-hand side. Well, the
first part is the fact that the entire downstairs was
redone, it was redone obviously illegally and it has
two bedrooms, a bathroom, a living room and a kitchen
and the kitchen was fully set up with stove and
refrigerator and so forth. When we purchased the house
there was,three illegal, I guess, I'm not even sure
whatlyou^woUldcallXit^ -it'sVwritten on;the building
inspector's report as violations. So we had two of
them removed prior to buying the house and he could not
remove the other two, the house was getting ready to go
into foreclosure so we had a time period to work in.
The reason that I'm requesting a variance is to keep
the kitchen in and the purpose for that kitchen is I
have a son who's disabled and my mother-in-law is going
to be the primary caretaker of my son, so that I can go
back to work, he has a seizure disorder and he's one a
and a half years old. What we were going to do is rent
here out a place up here and that rent was going to be
in turn for her watching my son. But then we had an
inspection done on the house and it's going to cost
somewhere in the vicinity of $30,000 or more to put in
drainage and put in, I mean, the house has been let go
for probably 30 years. Our neighbors are willing
to I ; \
help iis with a lot of the things that have to happen
outside, but even the drainage alone is going to cost
somewhere in the vicinity of $6,000. There's no
driveway, so we have to put a driveway in, its just

April 24, 2000
21
some gravel and some railroad ties right now. We have
decay, there's an entire deck on back of the house
that's out of metal that's decaying and rotting which
we're paying taxes on which has to come down and we're
paying taxes on a two-family house right now so I'm not
sure what it is that we have to actually request, if
it's called a mother daughter or if it's called two
family but we're hot looking to rent the house, we're
just looking to have my mother in there and she's,
there's no way she's going to come and live in our
house, there's not enough room upstairs unless we have
a kitchen for her, there's no way she's going to stay
there.
MR. KANE: There's separate gas and electric meters?
MS. MILLER: Yes, there is, everything's has been
separated and that's what it's been used as,
unfortunately, while we're not looking to use anything
illegal, we're trying to clean up everything at the
house and we started outside and we have to work our
way in so that at least it looks nice for the
neighbors, not going to do it the other way around, but
we did have the inspector come in and I had him JLook at
it to^makelsure^thatli^X^
in and what tie told me is wtiat I'd have to do is get
new windows because they don't open up wide enough. I
needed circuit breakers changed over so we did have an
electrician come in and give us prices, but we haven't
done any work. But other than that, he said that, you
know, he didn't see anything that would make it illegal
for me to get to change it over, if I got a variance
for it, it has a separate door downstairs, a walkway
in.
MR. KRIEGER: All right, now, this unit is contained
within the same dwelling?
MS. MILLER: Yes, it is, it's the entire downstairs of
the house.
MR; KRIEGER: Okay, does it have a separate entrance?
MS. MILLER: Yes, it does. This is just a rough layout
cause I didn't know what we had to do here, I thought

April 24, 2000
22
it was going to be another hearing after this.
MR. TORLEY: There will be.
MS. MILLER: This is just a layout, this is the stairs
coming down, you go into a bedroom here, from the
inside, there's a window right here, this window has to
be opened up he told us to make it large enough for
someone to fit through and there's two entrances out of
every room. This bedroom here has one window and
entrance back into the hallway. This bathroom has a
window entrance into the living room and then there's
windows here that are going to be, if this would
happen, we would convert this into a sliding glass door
so there'd be better air flow going in right here.
Then there's a partial wall here and there's the
kitchen here, there's a window in the kitchen and then
there's a front door. So that, I mean, they have
obviously been using it as living spaces prior because
everything, I mean, there's, it's completely converted
into a two family. So they met the amount of work that
we would take just to gut it, we took out, there was a
propane stove, we took anything that needed pipes on
the outside,of the hpuse, took it out.because there's
;enoughVstuff on the outside;of the house that doesn't
look good right now so and the electrician said he can
easily run a wire up.
MR. KANE: Is there an interior access from upstairs
down?
MS. MILLER: Yes, stairway is going from the hallway
upstairs to downstairs and then there's a door that
goes into, see, there's another room, this is a room
right here and there's a bathroom and a boiler room
right here, so I don't know how it works like whether
the whole downstairs has to be changed, but the part of
the living area that would be used, that she would be
using would be this area right here, this bedroom right
here we're not even planning to use. I don't know, I
imagine^what it would be just basically a playroom or
whatever for us upstairs. This is all that we're
planning for her to use, just needs the one bedroom,
bath, little living area and kitchen space.

April 24, 2000
23
MR. KRIEGER: Now, this is on the ground floor then you
live in the next floor up?
MS. MILLER: Yes, this is a little below ground.
MR. TORLEY: There's- interior passage between the two
areas of this house?
MS. MILLER: Yes, there is.
MR. TORLEY: You're going to have one meter and one
electric meter?
MS, MILLER: There's separate, right now, they were,
somebody else had Central Hudson downstairs and they
actually they came in because I was worried that I was
paying, when I had first moved in, someone was living
downstairs, I was worried that I was paying some of
their electric and they came in and said that's not the
case.
MR. KANE: Is there a way to convert that into one
billing with one meter?
MS . MILLERV;^tiiypstairs7and/dbwnstairs, I'm :sure:^l -have
to have all the electric redone.
MR. NUGENT: What they're trying to tell you, there's
no such thing as mother daughter, there's no such thing
as two family in a R-4 zone, but if your relatives are
living there, it doesn't matter, still your house, it's
a one-family house even though your mother-in-law is
living downstairs, it's still a one-family house.
MS. MILLER; But there would be a violation to have the
kitchen in the house.
MR. KANE: Not necessarily. What you need to do is
basically that if you can get it where it's on one
electric bill coming in, one gas meter coming in, then
history of our board which we don't always govback on
but our feeling then that becomes a one family home,
you can have three kitchens, it's still one family, one
electric bill, one gas bill coming in, if you separate
that out, then you're showing that that can be used as

April 24, 2000
24
two family, multi-family house.
MR. KRIEGER: What ultimately they're looking for
determination criteria is whether they are two separate
living areas, put it another way, if you mother-in-law
were no longer to live there, could you then turn
around and rent the unit out to somebody else without—
MS. MILLER: You couldn't because there's a door
between this bedroom and that.
MR. KRIEGER: Well, that's if you can't rent the unit
out to somebody else, the argument goes then you don't
have two living units and then you can have up to the
statute says up to seven unrelated people and by
implication and unlimited number of related people.
MS. MILLER: The only way I would be able to rent it
out is if we close the whole wall up.
MR. KANE: Not necessarily, it's whomever has the home
so somebody can put a lock on the door with two
separate billing units as far as electric and gas, they
may not be as secure as you.
MR.' TORLEY: Make a case that it's not a two-family
house, so you want to point out those features that
would make it impractical to rent out to establish the
case that it's still a one family house.
MR. KRIEGER: What the taxing authorities do and what
the building inspector does are two separate things.
It's not uncommon for the taxing authorities, the tax
assessor to make one determination and for the building
inspector to make another determination, vis-a-vis two
family. The tax assessor taxes are based on what she
sees and interprets. The building inspector bases his
decisions vis-a-vis violation or not based on what he
sees and looking at the laws as it applies to the
existence of two family homes. He's not concerned with
how it's attached or is the tax concerned necessarily
with how the building inspector sees it. Now, I say
necessarily because you may once if you're successful
in obtaining an interpretation for the zoning board
that says it's a one-family house that may have real

April 24, 2000
25
estate tax implications. I can't, because I'm the
board's attorney, I can't go farther than that.
MS. MILLER: I understand that. What I'm a little
ignorant as far as some of the terms and the only thing
I'm not sure about is right now, I have a violation,
the violation is the kitchen, this is what I'm told
from the building inspector. So, in order to clear the
violation and be able to keep the kitchen and to be
able to have my mother-in-law down there, the best bet
would then be to convert my Central Hudson to one.
MR. KANE: That's correct. What you will do is come
back and tell us that's what you're going to do, you're
going to convert it to one electric bill, one gas bill
coming in as a single family home and you're going to
state to us that it's going to be only used for your
family, single relative.
MR. TORLEY: You can have more than one kitchen in the
house, code doesn't say that you can't have four
kitchens.
MR. KANE: It.comes down to an interpretation. . y ^ ^
MR. TORLEY: When you're taking care of an older
parent, essentially, that's an older code than the
zoning code.
MR. KANE: That's part of what we'll do, we'll have you
here and tell us that that's what you're doing.
MR. KRIEGER: And show the board how it is that it
cannot be rendered as a separate unit without change,
sure, you could change, you can always change, but if
she's gone one day, the next day you can't put an ad in
the paper. That's what they're primarily concerned
with and of course, as they indicated to you on the
record stating that it's only your mother-in-law, your
immediate family living there and there's a second
cautionary note that I should give you and that's-ifVv
you're successful in obtaining an interpretation saying
it's a one-family house, go ahead, doesn't matter and
you should decide later on notwithstanding you or
somebody else notwithstanding the reputations that will

April 24, 2 000
26
be made on the record with respect to not renting it
out to, rent it out in the future, should you have,
should the owner of the property have a tenant who
doesn't pay the rent or becomes difficult in some other
way, that owner may have a difficult time persuading a
court that they ought to get an eviction.
MS. MILLER: I understand that.
MR. KRIEGER: You may be stuck with a tenant from hell.
MR. TORLEY: Entertain a motion?
MR. NUGENT: Yes.
MR. TORLEY: I move we set up William Schwartz for
requested interpretation.
MR. REIS: Second it.
ROLL CALL
MR.
MR.
MRi:^
MR.
REIS
KANE ,..,... .._,
|TORLEYSSI^VV:
NUC5ENT
AYE
AYE
>{-AyE
AYE
MR. KRIEGER: If you could address yourself to the
criteria on that sheet, that would be helpful, because
those are the criteria on which the state requires the
zoning board to decide.

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