Zoning Board Meeting

REGULAR MEETING ZONING BOARD OF APPEALS Nyack Village Hall July 26, 2021 Nyack, New York Present: Steven P. Knowlton, Chair Jack Dunnigan In Memoriam: Richard Gressle Raymond O’Connell Ellyse Berg Abstain: Absent: Roger Cohen The following resolution was offered by Member Berg seconded by Member Dunnigan and carried based upon a review of the evidence presented at the public hearing held on July 26, 2021 BOARD OF APPEALS VILLAGE OF NYACK, COUNTY OF ROCKLAND --------------------------------------------------------------------X In the Matter of the application of the Oak Hill Cemetery (140 North Highland Avenue) for an Area Variance from VON Code: Article III, §360-3.2E(1)(g) for an accessory structure of 19’5” where 12 feet is permitted. ---------------------------------------------------------------------X The Zoning Board of Appeals held a public meetings on the 26th day of July, 2021 and due deliberations having been made; Now, upon said hearing and upon the evidence adduced thereat, it is hereby found and determined that: FINDINGS OF FACT & CONCLUSIONS OF LAW FIRST: Applicant petitions the Zoning Board for the variance listed above. SECOND: The ZBA, in reaching its Findings of Fact and Conclusions of Law has taken the following factual testimony and evidence under consideration: 1. The application and supporting documents; 2. The testimony of Kevin Chalabome, Kerry Mullin and Stephen Looser for the Applicant; 3. ZBA members knowledge of the site in question; 4. Site visits by all members of the ZBA;  5. Chief Building Inspector’s notes and summary; 6. There was no public testimony; 7. The decisions of the Architectural Review Board dated September 20, 2020 (approval) and record the Village of Nyack Planning Board made a part of the record. 8. Correspondence from the Rockland County Department of Planning dated September 15, 2020 recommending approval. 9. Correspondence from the Village of Upper Nyack dated September 20, 2020 deeming the proposed application as one for local determination. 10. Correspondence from the Town of Clarkstown dated September 23, 2020 (but received in the Village of Nyack Building Department on October 1, 2020) deeming the application as one for local determination. 11. Correspondence from the Division of Cemeteries, NYS Department of State dated October 4, 2018 approving the project. THIRD: The site in question is located in the SFR-1 zoning district. FOURTH: The Nyack Planning Board issued a negative declaration pursuant to its SEQRA analysis and a positive recommendation to this Board in relation to the variance requests. FIFTH: The Applicant seeks to build a mausoleum within the existing cemetery boundaries to better serve the community. The proposed building requires an area variance for an over height accessory structure. The above Findings of Fact were moved and passed (4-0) CONCLUSIONS OF LAW: The Zoning Board considered the factors set forth in Section 7-712-b(3)(b) of the Village Law of the State of New York as follows: (1) 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 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; which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. FIRST: That the grant of the proposed variance does not create an undesirable change in the neighborhood. This conclusion was reached based upon deliberations of the Zoning Board at the public hearing, and based upon the factual findings set forth above in paragraphs FIRST through FOURTH. (4-0) SECOND: That no detriment to nearby properties will result from granting the variance. This conclusion was reached based upon deliberations of the Zoning Board at the public hearing, and based upon the factual findings set forth above in paragraphs FIRST through FOURTH. (4-0) THIRD: That the Applicant has shown that there are no other means by which it could achieve its purpose without the requested variances. This conclusion was reached based upon deliberations of the Zoning Board at the public hearing, and based upon the factual findings set forth above in paragraphs SECOND through FOURTH (4-0) FOURTH: That the variance is not substantial in light of the current conditions on the site. This conclusion was reached based upon deliberations of the Zoning Board at the public hearing, and based upon the factual findings set forth above in paragraphs SECOND through FOURTH. (4-0) FIFTH: That the hardship is not self-created. This conclusion was reached based upon deliberations of the Zoning Board at the public hearing, and based upon the factual findings set forth above in paragraph FIFTH. (4-0) The Board has weighed the findings of fact and the conclusions of law against one another as required under Section 7-712-b of the Village Law of the State of New York and finds in the interest of justice that the variance applied for should be GRANTED with the following conditions, to which the Applicant has agreed: 1. The directives of the Architectural Review Board and the Planning Board be followed. 2. Any un-addressed issues identified by the Rockland County Planning Board be addressed during the site plan approval process. On a roll call, the vote was as follows: Ayes: 4 Nays: 0 Abstain: 0 _s/Steven P. Knowlton, Esq. Steven P. Knowlton Chairperson Zoning Board of Appeals, Nyack.