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January 29,2007Martin SmithZoning Board ofAppealsTown of Deerpark420 Route 209Huguenot, NY 12746
to Multi
Dear Mr. Smith:
We would like to apply for a height variance to a portion of our Multi-Purpose Building,
. which was located within the property of Dragon Springs Buddhist lnc. in the Town ofDeerpark at 140 Galley Hill Road, Cuddebackville, Ny lZ7Z9.
Enclosed please find an application to the Zoning Board ofAppeals. Eight (8) copies of the
complete set of documents for the application are attached to this letter.
We would appreciate your approval for the application.
Best regards
Yours truly,
Dragon Springs Buddhist lnc.
Dragan Springs Buddhist, Inc.^tl,tj t:r:ilt,.: iltil Vczu. Ct']<i.].bac?.!1lie NY 't2lzg
:..:i. it|'atj)7lia 74Oi: Fsy- tir'45')7a1 ?'r7.)
Re
001 2
APPLICATION TO APPEAR BEFORETHE TOWN OF DEERPARK ZONING BOAR-D OF APPBALS
ORANGE COUNTY, NEW YORK
APPEALNUMBER J'.1 -d,; - c/ DATE
USE VAzuANCE OSPECIAL PERMIT OName of Applicant(s fiS _)
AREA VARIANCE (X)TNTERPRETATTON ( )
h,st .ln er)
Address +0 0-l H '{t
oed
Address C"ir( d!-b ack-v ;{&_ luY t2lnclude Name and Address ofAddress of subject propeffy.
Owner/Firm making Application, if differenr rhan
PLA pand*io rr *l* rDUAA
erl&'ni '^& $ f'rq-
'+1 . Location of Property l4a ;lt e
Section 3 I Lot 2t.>2 Zone Designation iQ. iQ
2
F
L
; tLo--
Block
Is property within 500 feet of county or state Highway, counly or State property, or boLrndary ofanother Municipaliry? yes 1y\paa_,v-a '
2. Soil Classification and Area i : VeDL; 11.,\ Sa^J,s a/^A s LuL,)sVu
3. Provision(s) of the Town of Deerpark zoninglaw from wrrich appricant appears(state Article, Section and paragraph of perlinent ordinanc erLaw).
#* -Gu n D 23.:.Zu*i 3
4. An appeal is made herewith for:
Signa of person(s
2]o .- i1 t/r"; L* B4;*t;cl,5n5
( ) An interpretation of the Zoning Law or Map.(\) A variance to the provisions of the ZoningLaw( ) An extension to an existing variance or permit. (Map.Expiration Date )
lr-S ng application Date
Signature(s) of person(s) rnaking appl ication
Approved by Town of Deerpark. Town BoardJune 5. 2006
Date
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001 3
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INSPE ONA RIZATION
I HEREBY GIVE PERMISSION TO MEMBERS OF THE ZONING BOARD OF
APPEALS OF THE TOWN OF DEERPARK, THE ENGINEER FOR THE TOWN
OF DEERPARK, THE ATTORNEY FOR THE TO\TN OF DEERPARK, CR ANY OF
THEIR AGENTS ANDiOR ASSIGNS TO ENTER UPON MY PROPERTY,
LocArED Ar 14 O G*t G DC L Y , r>'7 z1tL 0
TOWN OF DEERPARK, STATE OF NEW YORK, COLTNTTY OF ORANGE.
DESIGNATED UPON THE TAX ROLLS OF THE TOWN OF DEERPARK AS
sECrioN 3 t BLocK I yor 21 . 2 2 iN ,RDER. To
PERSONALLY INSPECT SAID PREMISES IN ORDER TO EVALUATE THE
APPLTcATToN FoR H c-.t qH r V n p, t /+N LE AFFECTING THE SAID
PREMISES
DATE -QSIGNATURE OF OWNER OFPROPERTY
AvlPrint Name of of Property
Approved by Town of Deerpark. Town BoardJune i. 1006
001 5
dtt ltt
Appendix CState Environmental euality Review
SHORT ENVIRONMENTAL ASSESSMENT FORMFor UNLTSTED ACTTONS Onty
PART I - PROJECT INFORMATION To be com leted A licant or Pro ect S onsor
SPnnis i3'rrt"4l u,st Lnc1, APPLICANT/SPONSOR
.Drrt-g,r r. J,a (3r,-, lol,rr)
2. PROJECT NAME
Mt t't-r.-LOCATION
County(-) ear- ,-'(* "a
3. PROJ
Municipatity -T e
4. PRECISE LOCATION (Street address and foad intersections, prominent
i4o qelbu H ilf RsP-t t O..l-Ae-bT1" propz*y is tc f[.a Scutk-ernfr'u^er_ ,
;tlB-, Nr/ t)72q"o( Rasha t<tll a^ol lVe-t'ers,,rf4
c.cl<,u
-9,i/e
landmarks, etc., or provide
5. PROPOSED ACTION IS:
[xl laoOiRcation/alterationf ru"* fl Expansion
r pfrte- i3u;V (\.",1^t'av| C2*L0/4
P"L;ta-
CUltimately acres
Mrd,l-'- t"+tEFLY,
| 'U-\
DESC6 R BE PROJECT BR 1*l.soIriofro tlpolA PNf? &r,Zrar>Ll +o L.n l"tlrvs4) of 1N I il- nLi enDLs3
+i'..-^91/v1 t\Z 3>NT OF i.AND AFFECTED
acres
7. AMOUlnitially l" o
WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[l Agricutture I-l paruForesvopen Space f, otne,
\"4i'ta-e,.e( t
+.:a tr.l4
(J.,'tL,
u-MLTn LLitf No describe L1briefly re_ M Se- bseAA)r lr",)ru
Industrial
8. WILL PROPOSED ACTION COMPLY
Ives E*o
ROJECT?
Commercial
9. WHAT IS PRESENT LAND USE IN VICINIry OF P
[l ResidentiatDescribe:
NG, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
Dee*Vard Z"niry Boa.a ai A1p<".Qs, W Ua,rr'an cA
(FEDERAL,
Yes Notr10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDI
STATE OR LOCAL)?
lf Yes, list agency(s) name and permiUapprovals:n
lprun +11
Si+. P tB,"-, ft1, ltrt',ra)"ar\-P{
J-
DOES ANY
ffi v"tASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
No lf Yes, list agency(s) name and permiUapprovals:
l-oc.:rrIJ;
Y\o Ia 11Pr-Lt{b
12 POSED ACTION WILL EXISTING PER IT/APPROVAL REQUIRE MODIFICATION?A RESULT OF P
Yes
*C1FY TTHA INFORMATHE TION PROVID ED ABOVE TRt5 TUE THo BESTE MYOF EDGEKNOWL
H ate:n
Signature
I CERTIApplicanUsponsor name:
the action S n thA Coasta A rea a n d yo u a re a state agenhis
cy com p ete thfore
,p ro t ESSM e n t
tfC oAS ta AsseSS me nt Form be cee d n g wt h t AS S
e
OVER
Reset
001 6
lf yes, coordinate the review process and use the FULL EAFA. DOES EXACTION CE NYA ryPE RTH ESHOLD N NYC6 PRR, TAR
Yes NolACTIrationYes
lf No. a negativeRECON CEIVE AOORDIN DTE REVIEW AS ROVIDEP D FO UNR L TES ACD TI ON S 6N RNYC PART 6 67 1R,
m SUbe rseded b otan herpe Y lvednvo agencyNo
B. WLLdecla
C. COULD ACTION RESULTC1. Existing air quality, s
potential for erosion,
lN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritlen, if legibte)urface or groundwater qual,ty or quantity, noise levels, existing traffic pattern, solid waste production or disposal,drarnage or flooding problems? Explain briefly.
c2' Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly
C3' Vegetation or fauna' fish, shellfish or wrldlife species, significant habitats, or threatened or endangered species? Explain briefly.
C4' A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly.
C5' Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
c6- Long term, short term. cumulative, or other effects not identified in c1-c5? Explain briefly:
c7. other impacts (including changes in use of either quantity or type of energy)? Exprain briefly:
CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICALD. WLL THE
ENVIRON
f] ves(CEA)?
PROJECT HAVE AN IMPACT ON THE ENVIRONMENTALMENTAL AREA
No lf Yes, explain briefly:
, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACIS?briefly:
E. IS THERE,
f] vesOR IS THERE LIKELY TO BE
No lf Yes, explain
PART II - IMPACT ASSESSMENT o be com leted Lead A en
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)INSTRUCTIONS: For each adverse effect identified above, determine whether it is substanlial, large, important or othenarise significant. Eacheffect should be assessed in connection with its (a) setting (i.e. urban or rural), (b) probability of occurrin g; (c) duration; (d) irreversibitity; (e)geograph rc scope; and (f) magnitude. lf necessa ry, add attachments or reference supporting materials Ensure that explanations containsufficient detail to show that all relevant adverse impa cts have been identified and adequately addressed. lf question D of Part ll was checkedyes, the determination of significance must evaluate the potential impact of the proposed action on the environmental charactenstics of the CEA.
trn
Check this box ifyou have identified oneEAF and/or prepare a positive declarati
or more potentially large or significant adverse impacts which MAY occur. Then proceed direcily to the FULon.
Check this box if you have determined based 0n the rnformation and analysis aboVE a nd any supporting do cumentation that the proposed actionNOT res ult in ny signi ficant adverse envrron mentalWI
mp AND provide, on attachme nts as necessary the reasons supporting this dete rmination
Name of Agency Date
Print or I ype Name of Responsrble Officer in Lead Agency Title of Re sponsible Omcer
lrom responsrble offlcer)5rgnature ol ufltcer ln Leao Agency sig nature ot Preparer (lf
Reset,001 7
TIIW]I ll] IITERPIBI( BUIIDI]IE IITPIRIilIHIIROBERT EMERSON - BUILDING INSPECTOR
P.O. BOX621 . HUGUENOT, NY 12746Phone (845) 856-2939, Option f4 . Fax (845) 856-1558
E-Mail - [email protected]
January 29,2007
Dragon Springs Buddhists, Inc.140 Galley Hill Rd.Cuddebackville, NY 121 29
RE: Multi-Purpose Building
I'm writing to you conceming the multi-purpose building height change from 38' to68' feet. This office can not approve this variance.
Dragon Springs should make application to the ZontngBoard of Appeals, BarbaraBrollier,Se cretary, 8 5 6-2413 .
Regards,
RoBuilding and Zoning Officer
RLE/jmcCc: file
001 8
m ? ?
0elaElIrrE.r
TOWN OF DEERPARK
ADJOINERS LIST
The procedure of the assessor's office, upon request of an applicant forassistance in compiling_a list of parcels sunounding the subjeit parcel directedby either the Planning Board or Zoning Board of Appeals, isto list all the parcelswithin 200 feet around the perimeter of the subject.'rne subject parcel musthave an identifiable tax map number and be in compliance with the scaled countytax map.
This office assists in the researching of the tax map numbers and names ofowners, if requested. lt assumes no rerponsibility as to the disposition of the list.This procedure is done only as a courtesy to the [ublic and is not an officialfunction of this office.
ASSESSOR'S OFFICEPO BOX 621
HUGUENOT, NEW YORK 12746
TEL: 845/85G7833 FAX: 845/858-8175
001 9
ADJOINERS LIST
SUBJECT: 31 -1-21.22Dragon Springs Buddhist, lnc
S-B-L NAME & ADDRESS
January 29,2007
Dragon Springs Buddhist, lnc.140 Galley Hill Rd.Cuddebackville, NY 12729
The Eastern US Buddah's Study Assoc375 South End Ave. #2TKNew York, NY 10280
Majcher, Robert & SusanPO Box 259Cuddebackville, NY 1 2t 29
Malin, Mela & Zhang, Cuiying44-25 MacNish St. Apt. 6CElmhurst, NY 11073
Pennsylvania Lines, LLCc/o Norfolk Southern Railway Co110 Franklin Rd. SERoanoke, VA24042-0028
Alpert, lrving, Michael & Cynthia29 Woodsorrel Ln.E. Northport, NY 11731
Alpert, lrving, Michael & Cynthia4 Point of Woods Dr.N. Brunswick, NJ 08902
Birch Hunting Clubc/o John Friedle1621 Old Ford Rd.New Paltz, NY 125G1
31-1-21.2128-1-50
31-1-21.1
31-1-22.31
31-1-19.2
31-1-2022-1-6.211
22-1-13.22
22-1-72
22-1-1122-1-71
001 10
Page 2
S-B-L
22-1-13.1
22-1-70
28-1-49
28-1-104
28-1-73.1
28-1-54
28-1-51
28-1-55
28-1-5228-1-53
ADJOINERS LIST
NAME & ADDRESS
Riger, Hildac/o Laura Mellville535 Dean St. Apt 702Brooklyn, NY 112:17
Sommella, Dominick30 Madalaine Ter.Middletown, NY 10940
Clarke, Guy1 10 Guymard Tpk.Godeffroy, NY 12lZg
Fields, Mildred et al.c/o Grace Woodard221 Easl23'd StNew York, NY 10010
Woodard, Grace221 East23'd St.New York, NY 10010
Banuat, Sandra1859 Mountain Rd.Otisville, NY 10963
Krupovchin, Mary251 Guymard TpkGodeffroy, Ny 1'zl2g
Gersone, Marna M.320 Guymard Tpk.Cuddebackville, NY 1 2729
Donnelly, John & Nellie11 Hawk St.Pearl River, NY 10905
001 11
Page 3
S-B-L
28-1-73.4
28-1-73.31
28-1-73.22
28-1-74
2B-1-47.225
28-147.22128-147.226
28-1-47.223
28-1-47.224
29-11-1929-11-2029-11-21
ADJOINERS LIST
NAME & ADDRESS
Parsons, David163 East g2nd St. Apt. 6New York, NY 10028
Brown, Ronald & Joan6 Old Carriage Rd.Godef[roy, NY 12729
Cecchini, Ronald & Geraldine378 Guymard Tpk.Godeffroy, NY 12729
Quinn, Bruce248 Guymard TpkGodeffroy , NY 1'2729
Romanow, Robert & Joan1305 BroadwayWatervliet, NY 12189
Traynor, Edward481 Piermont AvePiermont, NY 10968
Becker, Carol2g2g NW 30th St.Boca Raton, FL 33434
Jacobson, CarriePO Box 423Cuddebackville, NY 12129
Keener, RobertPO Box 524Godeffroy, NY 12729
001 12
Page 4
S.B-L
29-11-17
29-11-18
29-11-14
29-11-1529-11-16
29-10-1429-10-17
29-10-3
29-104
29-10-529-1 0-6
29-12-2
ADJOINERS LIST
NAME & ADDRESS
Bocker, Anna1 18 Hawk View DrMilford, PA 18332
Bonsanti, Anthony & Tina MariePO Box 409Cuddebackville, NY 1 2T2g
Bardet, Richard W.27 BTremont St.Stoneham, MA 02180
Keenerc/o Bertucci, Mary Ann K21 Wisner Ave.Middletown, NY 10940
Town of DeerparkPO Box 621Huguenot, NY 12746
Errico, Michael8 Avenue EGodeffroy, NY 12729
Davi, Robert6415 Springfietd Btvd.Oakland Gardens, NY 11364-2337
Seidle, JaridMortensen, Heidi1 6 Avenue EGodeffroy, NY 12TZg
O'Leary, Richard & Joan101 Riverdale Rd.Port Jervis, NY 12Tt1
001 13
Page 5
S-B-L
29-12-6
ADJOINERS LIST
NAME & ADDRESS
Barlow, Victoria336 W. 4gth St. 4RENew York, NY 10019
Town of Mount Hope
001 14
I
Represented by themselvesOwners/ Applicants Jason & Donna Brown14'X 65'mobile home to their bunsalow onCuddebackviile, N.Y.It is an HMU Zone.Application received March 5, 2007 .
are seeking a variance to attached aproperty located at 1108 Route 209,
Section - Block - Lot : 2l - 2 - ll
The Board discussed this apprication rater on in the meeting.
Represented by tv1r. Chun Feng, Architect 754-7400owner/ Applicant Dragon Springs Buddhist, Inc. a seeking a height variance for theiralready approved multi-purpose building, on property located on Galley Hiu Rd-,Cuddebackville, N.y.ItisanRR Zone. Section-Block_Lot= 3l _ I _21.22Application received February 2, 2007 .Public hearing was held on March 15,2007.
Jane Lord expressed that her concern was highlighted at the last meeting by Mr. conano'Brennerq the Assistant cuddebaclcville Fire chi;f She said that he think that he may haverealized that coming to a small town with a limited, fire department, and. that they would not beable to handle a fire the way it needs to be taken care of, il i;;#;"rH #"u *"rrr. Shesaid that she is scared to death of fire, and particularly now that we are experiencing globalwarming' we're apt to see more of it. stre saia that the applicant is talking about hosting 200people who are not from town and will not know where io go, and may not where to run into thewoods or to get away from a fire. she yjd that this is a big question mark in her mind, thatremains unsolved' She said that the Cuddebackville Fire Dlparrment talked about the fact thatbetween Mondays and Fridays, because they all worlq they are always short staffed, which meansthat there wiu be a fr[ther delay in getting tr9 equipment up there. She said that she really would]rope that the applicant would .o*id.. u r*ult r"urc rr" department up on their land. that wouldhave the appropriate equipment that could be used quictty,'ano that that .would mahe her feelmore comfortable to vote yes on this application.
At this point a member of the audience attempted to speak-
Martin smith safti that the public participate part of the pubiic hearing is over, there is just talkamong the Board members tonight.
Jane Lord said that also when the ZBA tiiscusses variances, the applicants talk about hardship,and frankly, she said that she finds it difficult to corsider this a major hardship getting sceneryprotected and stage equipment up and down. She said that high schools rrur" rt*pment, and thatthere are all kinds of stages in New York City that don't require the kind of space that this
002 15
applicant is talking about. She said that it may not be exactly what the applicant may like, but shesaid that she has been to many places that have ""ry
ud;;e scenery, and she said that she has areal problem with calling this a hardship.
Martin smith said that concerning an area variance, the ZBA is supposed to balance the benefit ofthe applicant with the detriment to tt "
healtb, safety *a *"r*" "f
th" communify.
Jane Lord arswered that if there were a fire up there, every lire deparfment in the whole areawould try to put that out, and that would be a aetriment to the heahtr, saftty *d *"Ifrr" of thecornrnunity' She said that the Towns'Fire Departments are.lust not big "ro',rgr,
to service it.
Martin smith said that the way that he sees it, is trrat he walked the applicants,site, and looked thebuildings over, and estimated the height:f th" multi-purpose buildinj. He said that the building is*"d.{ there, it's approved, and any invirgnme"t"l i*pa;; should,ve already been taken care of.He said that what this.Board is looicing at is the increased. height of about l/4 ofthe building. Hesaid that he stood back and looked at it, and held the ptuo",rp where he could project theq to seewhere they came on the trees and other scenery. He said that he does not believe that theadditional height
"T h seen by any of the neilhbors, and doesnt believe that that additionalheight can be a detriment to the health, safety and wefare of the community, and it would be abenefit to the applicant. the way that the stage will work.
Karl Brabenec said that he also took a site walk, and. said that he doesn't see any problemapproving this, especially as far as height is concerned. He;k"d, ili* fr i*o to thePlanning Board for further review?
Martin Smith arswered yes.
Karl Brabenec continued to say that then,_any concern regarding fire or anything else, wouid. bebrought up at the Planning Board level. He said that i, uiaitio.r, there,s a big tower already builton the properfy, that this Board approved a vaiance ro., *a he can see a potential conflict in notapproving this application, because it had already upprorJtfr tower.
Jane Lord said that first of all, that tower was not supposed to be seen above the tree line, and itis now quite a bit above the tree line. She said that #orJof a[ there are no people in the tower,because it's supposetl: b completely vacant, and only monitored sporadically by maintenancepersonnel and it's a different kind ofuse; whereas, the multi-pu{pose building will house severalhundred people, therefore, it's a very different type of situation if there were a fire. She said thatshe did not vote for the tower either, because itismade out of wood and is a fire issue.
Gerald cedrone said tbat when this multi-prrp9r" building was approved by the planning Board,why did the applicant not irave tiris arready on their plarsjand now they,re s6ming back beforethis Board asking for a variance. He asked, didn,t th"y ko; what they were doing?
Jane Lord said that t$ has been a problem all along, that is, the applicants get a buildingapproved' and then they come back to lengthen it or raise the height on it, and it seems to be a
002 16
continuing planning problem on the applicants side.
MOTIONFrank Bigger rnade a motion to approve the height variance for the Dragon Springs application.Karl Brabenec second-
Discussion: Martin Smith said that he'd either like to make a suggestion to the planning Board, orput it in the motion, tlrat the venting of the higher sbructure be automatic, to lessen the problems,if anybody has to go onto the roof or whatnoi that an automatic venting system of some sort, beincoqporated into the plans-
Glen Plotsky said that ffirrnation was provided by the applicants at the public hearing relative tofire prevention issues, that is, the 20,000 gallon rro-rang t.,k, th" venting, the pump s-vstem thatbrings the water up to the top ofthe building, so noboiy has to go up there. He asked chairmanSmith is this is what he is proposing?
Martin smith answered yes, t}at all of the applicants'proposals should be incorporated into theplan' He said that the letter that was handedtut this evening by the applicants, attorney, coveredthe issues of the fire alanns, sprinkler systens, the ability to i"-iiu the sprinkler system from thetroughs, etc. should all be incorporated into the motion.
Jane Lord saiq that the proposals should all be to the satisfaction of the Towns, local fireAeparfments also.
Glen Plotsky said that the motion would now need to be amended.
Frank Bigger made a motion to amend the motion, cond.itioned upon the inclusion of the variousrepresentations made by the applicant during their presentation r"lutirr" to fire prevention; and toalso require additional approval by the various fire departments that would potentially have torespond to a fire at the scene. Karl Brabenec second. Roll call vote: Brabenec, aye;Cedrone, no; Smitlq aye; Lord, no; Bigger, aye. Motion carried.
Martin Smith said that he doesn'tthe house, anci therefore, he saidInspector.
k,,ow if the Building kspector considers this as an addition tothat the Board needs more clarification from the Buitding
Gerald cedrone said that in speaking with the Building Inspector, the age ofthe trailer has nobearing at all, because it is an addition to the house.
Mr' Plotskv- said that this appiisalion was refbrred to the zBAbythe Building Department, butthe application is not clear as to what exactty the variance is. He said that tG one interpretationthat the age of the trailer is not relevant, or has no bearing, would be because if a trailer is notpermitted" then it doesn't matter how old it is. on the odr hand, he said, it also would have nobearing if he's not treating it as a trailer, and there is an issue that it,s an adciition that perhaps
002 17
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General ReceiptTOWN OF DEERPARKP.O. Box 621Huguenot, New York 12746
Received
For L ft-DISTRIBUTION:
FUND CODE AMOUNT
( D.ffi /1,{3 * l1J;,v-
WLLIAMSON LAW BOOK CO., VICTOR, NY 14564
Date:
1010 0
,
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DOLLARS
ByT.
TOWN CLERKTITLE
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tsiJI!.DIHG I?{SPECTOR
TOWN OF DEERPARK
P.O. BOX A
HUGUENOT, NY 12746
January 26, 2001
Martin D. Smith, Jr., ChairmanDeerpark Zoning Board Of AppealsDeerpark Town HallHuguenot, N.Y. 12746
Re: Dragon Springs Variance
Dear Mr. Smith,
This office is sending the applicant, Dragon Springs
Buddhist, fnc. to come before the ZBA, for the purpose of a
height variation for their multi-purpose function building from
38' to 68' .
At this time, my office cannot approve this project.
Thank you.
Very Truly Yours,?'1. / t l-)tl I > LYr \ aL*r)v C,tyr*S-4.._ /4tRobert EmersonDeerpark Building Inspector
cc: wil-lard (skip) wilson, chairman,/Deerpark planning BoardGl-en A. Plotsky, Town AttorneyRonald J. Gainer, Town EngineerMark D. House, Te,wn Supervisor
Misc 005 24
Misc 005 25
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Pllns lor I scr.laue.iisposal sistem Io Ser\ue the llrove relerenced lncilitl preparecl br I{erjinLirug. P.E.. ar-rd derecl Scpicmher ll. l0()h. iatest revisioLr Februar-., l(). l()()7. J.r'c rrDDro\cri.-fhe
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Misc 007 30
CUDDYTF ,DtrR'',
Aprii 18,2007
BY HANDffiZ""*g Board of APPeals ofThe of Town of DeerPark
Deerpark Town Hall420 Route 209
Huguenot, New York 12?46
445 ilarriltorr i\verrue' 14lh Flocr
VJhitc Plain:;, Nevr Ycrk 10oCi
Tcl 9'i4761.1:OC lra)' 91r 761 53 l2
w ww.cu C d Yied e r.co rn
Re: Dragon SPnngs Buddhist, lnc. Area Variance APPlication
40Y
Dear Honorable Chairman Smith and Members of the Zoning Board of Appeals:
we are respecrfully writing in regard to the above-captioned area variance apprication which is
pending for decision befoie yo* Hono,uUle Board' Previously' by letter dated February 13'
2007, our client, Dragon spnngs B"ddhj;;;;c. ("Dragon Springsi') iummarized this application
and the reasons why as applicant, lt a"f,-'"Utt"a eU"of the reGvant criteia governing such an
application under New York's Town Law'
DespitemuchmisinformationthatwassulToundingthisapplicationpnortothepublichearingofthe Zoning Board of Appeals held on f"f*"f' 15, 2507' we beiieve ttrat the testimony proffered at
the hearing put to rest all of such *o' *J in ,r.rrdo - which stood in sharp contrast to the true
facts presented. in the application narrative and at the March 15th hearing'
ln arrticipation of this Thursday evening's meeting wi.r.ere we understand the Zoning Board of
Appeais witl likeiv vot" upon it i, roily"roumitt*a:aplication for which the public hearing was
closed on March 15,2A07, we thought it would-be prudent to tal<e a brief opportunity to
summarize our recollection of rh" *or"'.utient pornts estiblished in the record on this matter'
First, it was cliscovered that certatn individuais, in'cluding a member of the Town Board' were
under the misapprehensjon that the vanance application by Dragon Springs Buddhist' Inc' was
for construrtlon oi "
building witu six oc"r.iiuut. stones. ln fact, nothing couid have been
furrher from rhe truth. The appiication proposes mer.ely a sinqle height variance O: t: :]:purpos€ of elevating ii" rr"igiri of a portion of the buiid,ng that houses a performing arts stage ,n
ordertomeetappropnatcprofessionalstandardsforiiveperformarrcescontemplatedbyDragonSpnngs, practitronei. Th; increased height as dcmonstrated tn the applicatron and at the heanng
c-&F 7171.68. I
ATTORNEYS AT LA\f A rili' Pi:ll{j'' ''l'rl\1il l'l('w "'ill'
' li'i lcivi;ltk008 31
C U D f)Yr,,i,ED, E[i-'
April 18,2007Page 7
was driven by archrtechrral design standards. The stage opening area is to be utilized for
background scenery which aeficts the Heavenly Realms, religious scenes and other
backgrounds.
The proposed height increase of the Multipurpose Building will be lower than the average
existing tree line that surrounds the improvements on the Premises' As such, there will be no
Lrndesirable change in the character of ihe neighborhood, nor will there be any detriment to or
impact upon any nearby properties'
In fact, chairman Smith confirmed the absence of any visual irnpact arising from tlus increased
t "igt,
*t tn he shed some light on the issue of visibility' as follows:
,,[Y]ou obviously can't see the building uniess you g9 through the gate and drive
up the d',.*"y, That would.be one way to see it. The other way to see it, and
it,s very visible. Is if you walk down tfre Shawangunk Trail which pretty much
parallels the old Erie maintine, and then the Trail will cut' it crosses the
powerline, it'll cut up to the top of the ridge. And as you climb up to the top of
the ridge and follow the Shawangunk Trarl you c-all look right down on Dragon
Springs. But it takes just aboutln hour to get from (Route) Ztl lo.that point
where you "un
g"t ur"ilgood view. And it's a real beautrfui view up there' And
I can teil yo. th-at becausi that I'm involved in another orgarrization that monitors
the ProPertY along that Trail'"
Cuci<1y & Feder, as attorneys for the appiicant, by Anthony Gioffre, Esq., unambiguously stated
on the record on March 15,2007 as follows:
..DragonSpringswillworkwithTownstaff,theTownengineer,anyo|thef,rre
departrnents to"make the design and final sfructure work, so that it's the safest
structure possible. With respect t0 some of the comments by Assistant Fire Ctuef
o,Brennen, Dragon springs has no objection whatsoever, to giving the fire
department any access to the 20,000 gal6n tank. Having the building wired for
automatic alarm and certainly co-ordinate to have any appropriate emergency
exits in the basement level'"
To conclu<le, the record contains Dragon Springs' unequivocal commitmcnt to satisfactoriiy
addressing all fire sat-ety issues, practices and piocedures. Mr' chun Feng, Dragon Spnngs'
architect, advised that the building is designed with a smoke pulge provided on the roof of the
building above *re stage which el-iminateslheneed for Fire Deparlment Staffto ever access the
roof in the event of a"f,ir". He further acknowledged that a fireproof staircase. corinecting the
basement and the stage level woulcl be provided on the side oi the stage tbr direct exit to the
outside. L{e testified that the builciing was fuily sprinkiereo and is also 1007u noncombustible'
C&lir-41?68 t
008 32
C, L]D L)Y;F F: I-) ir It
Apni 18,2A01Page 3
Lasrly, Mr. Feng explained that the design calls for a hvlrant to provide the sprinkler system
with an additional *L". suppiy source fro-m a fire t.uck and that there will be an automatic alarm
system wired in the building with someone always on duty on site at Dragon Springs' Mr' Feng
reiterated at the hearing that all fire rerated iss.,"s raised during the hearing were compietely and
easily capable of being addressed by Dragon Springs'
we would certainiy anticipate lhat the Zoning Board of Appeals' resolution of approvai will of
course condition the issuance of a certificate -of o."rp*cy for the Multipurpose Building upon
Dragon Spnngs' satisfaction of all applicabie building code and fire safety conditions reasonably
and lawfully imposed by the oppti"iUi" agencies of the Town of Deerpark'
In light of the closed. public hearing and the fact that all issues have been fully addressed' we
sincerery hope that your Honorable Board will conclude that this matter is ripe for approvai this
Thursday evening'
Respectfully Yours,
Grauer
B. Gioffrev
ijG:tje
Glen A. PlotskY, EsqLana S. Haru Esq.
C&Fr 147268. l
008 33
}F'I+zdaa ,tg
Chairman Manin Smith anciMembers of the Zoning Board of AppealsTown of Deerpark420 Route 209Huguenot, New York 12746
February i3,2007
Re Dragon Springs Buddhist, lnc.
Area Variance Appl ication
Premises: 140 Gallev Hill Road, Cuddebackville, New York
Dear Chairman Smith and Members of the Zoning Board of Appeals
This letter is respectfully submitted in furtherance of the above-referenced
application and in order to amplify and supplement the materials previously submitted to
the Town of Deerpark Zoning Board of Appeals (.ZBA') by Dragon Springs Buddhist, lnc
("Dragon Springs") relating to 140 Galley Hill Road, Cuddebackville, New York (the.Premises").
The Premises is classified in the Rural Residential (RR) zoning district and is
designatedontheMapof theTaxAssessorof theTownof DeerparkasSection3l, Block
1, Lot 21.22. The Premises is comprised of over 427 acres, is improved with Chinese
Tang Dynasty and other structures and is utilized as Buddhist Monastery/Iemple.
Variance Request
As you are aware, an Application was previously submitted by Dragon Springs
requesting an Area Variance for the proposed Multi-Purpose Building from Section
230-11 - Height Restrrctions - 35 ieet permitted, 68 feet proposed.
Dragon Springs is requesting that the ZBA grant the requested Area Variance in
order to permit the construction of a modification to a very limited portion of the
Dragon Springs Buddhist, lnc.'140 Galley Hill Road, Cuddebackville NY 12729
Tel: (845)754-740A Fax: (845) 754-8973,|
009 34
-ir+ifra+#1-l3L ia Area Variance APPiication
order to permit the construction of a modification to a very limited portion of the
previously approved Multi-Purpose Building on the Premises The purpose of the
modification is to provide the requisite opening and clearance for a stage consistent with
accepted archttecturai design standarcjs that wiii comprise a smaii part, approximateiy
25o/o, of the Multi-Purpose Building. As will be more fully discussed below, the
proposed additional height for the stage is needed for the changing and storage of
scenery backdrop for Dragon Springs' occasional performances dedicated to their
religious and cultural heritage. lt is important to impress upon you the considerable
efforts that Dragon Springs is taking in order to develop their proposal and request the
minimum variance Possible.
ln considering the granting of the requested Area Variances, New York State Town
Law g 267-b(3) provides that a Zoning Board of Appeals shall consider the benefit to the
applicant if the varrance is granted as weighed against the detriment to the heatth, safety
and welfare of the neighborhood or community by such grant' ln weighing the
aforementioned batancing test, the Zoning Board of Appeals shall consider: '(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
to lre appiicalt to pui-sue, other than the area vai-iance; (3) whethei'the i'equested ai'ea
variance is substantial; (4) whether the proposed variance will have an adverse effect or
Dragon SPrings Buddhist, lnc'140 Galley Hill Road. Cuddebackville, NY 127?9
Tel: (Ba5) 754-7400 Fax: (845) 754-8973
009 35
=:+4:"r"ftArea Variance Application
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.' Here, under the balancing of these interests, respectfully, Dragon
Springs' variance application should be granted
The granting of the area variance to permit the construction of the modification to
the approved Multi-Purpose Building will clearly not produce an undesirable change in
the character of the neighborhood nor will it be a detriment to nearby properties.
Although there is a height variance being requested herein, there will be no impact at all
or change whatsoever to the surrounding neighborhood. Due to the size and
topography of the Premises, location of the proposed Multi-Purpose Building and
existing mature vegetation on site, the Multi-Purpose Building is interior to the site and
will not be visible to the public. lndeed, the proposed increase in height of the
Multi-Purpose Building will be lower than the existing tree line that surrounds the
Premises. As such, there will be no undesirable change in the character of the
neighborhood nor will it be a detriment to nearby properties.
The benefit sought by Dragon Springs could only be achieved by the proposal
presently before you. Only a portion of the Multi-Purpose Building proposes an
increased height (approximately 25o/o of the approved structure). This area of the
Multi-Purpose Building is intended to serve as a stage for live performances by Dragon
Springs' practitioners requiring background scenery which depict the Heavenly Realms
and other religious scenes.
The proposed increase in height is driven by architectural design standards. The
stage bulkhead required from the floor base to grid of the stage is recommended to be
Dragon Springs Buddhist, Inc.'l4C Galley Hill Road, Cuddebackville, l{Y 12729
Tel: (845) 754-74A0 Fax: (845)754-8973
F.;1f,
009 36
-lEq.-s+hfaL
Area Variance Application
2.5 to 3 times the stage opening height to properly change and store scenery
The stage opening is approximately 30 feet. As such, the stage bulkhead needs
to be a minimum of 2 5 times this height. Thus, the total proposed height of this portion
of the Multi-Purpose Building is proposed to be 68 feet in height, thereby presenting the
need for the requested variance. Consequently, the benefits required by Dragon
Springs cannot be achieved by some method other than the requested area variances.
The requested area variance is not substantlal. As mentioned above, the stage
bulkhead must be 2.51o 3 times the height of the opening of the stage to meet minimum
architectural design standards. Recognizing the need to request a variance, Dragon
Springs is proposing the absolute minimum architectural design requirement of 2.5 times
the stage opening. Also as mentioned above, due to the location of the proposal, the
surrounding topography of the Premises and height of the existing tree line, no portion of
the Proposal will be visible to the public. Accordingly, there is no potential for any
adverse impact to the surrounding community or neighborhood. Given the foregoing, it
is patently clear that the relief requested herein is not substantial.
The proposed variances will not have an adverse effect or impact on the physical
or environmental conditions in the neighborhood or district nor will it have an adverse
impact on traffic. The alleged difficulty is not self-created, but, rather, a result of the
architectural design standard required for stagehouse openings/clearance.
Gonclusion
For all of the substantial reasons set forth above and as will be further discussed
at your public hearing on this matter, Dragon Springs requests that the aforementioned
variance be granted to permit the construction of the proposed modification to the small
portion of the Multi-Purpose Building affected. lt is respectfully submitted that this
application only presents a benefit to the Applicant arising from the granting of the Area
Variance, with no detriment to the health, safety and welfare of the neighborhood or
community.
Dragon Springs Buddhist, lnc.140 Gailey Hill Road, Cuddebackville NY 12729
Tel: (845) 75,4,-7400 Fax: (845) 754-8973_a-
009 37
'Eitr-rI:s.--rr5:-:,t-l
Area Variance Applicatron
Should the Zoning Board of Appeals or Town Staff have any questions orcomments with regard to the foregoing, please do not hesitate to contact me. Thankyou for your attention to and consideration of this matter.
Very truly yours,
*ie
i itt ti.
a
Counsel
cq Robert Emerson, Building lnspector
Dragon Springs Br.lddhist, lnc..140 Galley Hill Road, Cuddebackviile, Ny 1Z7Zg
Tel: (845) 754-74AA Fax: (845) 754-8973-5-
009 38
445 Hamiltr:n Avenue, 14th Floor
r'Jhite Plains, Nerv Yor-k 10601
Tei 914.751.1300 Fax 914.761.5372
',vww.cuo dy f eier.com
April 23, 2007
BY HAND
Hon. Mark'House& Members of the Town Board ofthe Town of Deerpark420 Route 209, Drawer AHuguenot, New York 12746
Re: Dra nS s Budd
Dear Supervisor House and Members of the Town Board of the Town of Deerpark:
We are the attorneys for Dragon Springs Buddhist, lnc. ("Dragon Springs"), a
longstanding resident and property owner of a 427 acre site which they own on GalleyHill Road within the Town of Deerpark. Since 2001, Dragon Springs has beenconstructing on its property, a Chinese Tang Dynasty Buddhist Temple with accessorybuildings and structures in fufiherance of the religious use recognized by the ZoningBoard of Appeals of the Town of Deerpark in 2001.
Recently, under cover letter dated January 29, 2007, Dragon Springs submitted an
application to the Zoning Board of Appeals of the Town of Deerpark ('ZBA") seeking a
single height variance for a limited portion of its Multi-Purpose Building. Eight copies ofthe application were filed with the ZBA following the Deerpark Building lnspector'sdenial of Dragon Springs' Building Permit application to the Building lnspector toincrease the height of a perlorming arts stage to be utilized for presentation of culturaland religious performances. The height increase proposed was from an existing andapproved conforming building to a height of 68 feet. Since the Zoning Code of theTown of Deerpark does not permit a height in excess of 35 feet, in order to construct tothe 68 foot height requested, application to the Zoning Board of Appeals for an areavariance was required.
After the filing of that application an initial rneeting was held before the Zoning Board ofAppeals on February 15, 2OA7 , at which time the ZBA asked Dragcn Springs'representative to submit a copy of the deed to the Town Cterk by March 5, 2007 (anunusual request in our experience in connection with an area variance applicationparticularly given the number of applications Dragon Springs has filed with the DeerparkPlanning Board ("Planning Board") and ZBA since 2001) and a motion was made toschedule a public hearing for March 15,2007 at Deerpark Town Hall.
r\TTOiil^l ZYS ,1,T l-,'\W Whrte lrlarns f ishklll New York i-itv No[walk it&lr iii0lil i
010 39
(. Lrl) t)\'
April 23, 2007Page 2
Apparently, as a result of a Dragon Springs' discussion with the Building lnspector in
connection with its desire to increase the height of the performing arts stage within the
Multi-Purpose Building which was already granted site plan approval by the Planning
Board, Dragon Springs' intent to pursue an area variance request to the ZBA becamethe subject of a communication frorn the Town Engineer of the Town of Deerpark to thePlanning Board, and extensive discussion took place of Dragon Springs and a ZBAapplication not even yet fited, at the Deerpark Planning Board meeting on January 24,
2007. This discussion ensued with no notice to this firm as counsel to Dragon Springs,despite the fact that the Planning Board, the Town Engineer, the Building lnspector and
the Town Board are well aware that we are counsel to Dragon Springs. In addition,Dragon Springs itse{f was not advised that its project and the not yet filed ZBA varianceapplication would become the subject of extensive discussion. Cedain Town Boardmembers were present and participated in said discussion, regarding Dragon Springs,as did the Town Supervisor, atl as revealed in the rninutes of the Planning Board'sJanuary 24, 2007 rneeting.
The meeting minutes state in the first sentence of Dragon Springs' rnatter as follows:
"Ron Gainer told the Board that on Friday, January 26th at 1 1.00 a.m., he
will be meeting with the Town Supervisor, Town Attorney, Town Buildinglnspector and the Chairman of the Planning Board to discuss the DragonSprings Buddhist, lnc. matter."
Basic due process rights would, at a rninimum, have called for the Planning Board, theTown Engineer, the Town Buitding lnspector and the involved Town Board members toat least have informed Dragon Springs that their project and their potential areavariance application were going to become the subject of an extensive discussion at thePlanning Board meeting of January 24, 2007. As mentioned, our client was neverinformed of this in advance, nor were we as its counsel.
Next, on February 26, 2007 the Town Board of the Town of Deerpark met in regard toDragon Springs' variance appiication which haci been filed in late January asaforementioned.
Town Board rnember Robert Cunningham, according to the minutes of the February 26,2007 Town Board rneeting, is quoted as follows:
"Well anything over 35 feet, we don't have anything that the firefighterscould corne and fight a fire with, so if there's anybod,rr going to be abovethe third floor, I think this Town Board's got a problem. I think fle'relgoing to have to send a letter to the Zoning Board of Appeals to deny that,
010 40
( . Lr l)l)\'
April 23, 2007Page 3
because I think we're going to be in trouble with that if we don't do
something with it. Beside[s], you staft waiving these things for one person
you're going to end up waiving them for everybody."
Mr, Cunningham at the same meeting is further quoted as posing the foltowingquestlon:
"Does this Board want to take a position on it?"
Town Board lvlember Viola Sinsabaugh responded;
"We should."
Mr. Cunningham then related:
"l think we ought to notify the ZBA that we're not in favor of this thing."
Mr. Cunningham then asked if there was a sprinkler system in the building, to which the
Town Supervisor responded, according to the minutes, as follows:
"l don't know, I haven't looked at the plans."
At the end of this meeting a motion was made by the Town Supervisor and secondedby Mr. Cunningham to authorize Mr. Cunningham and the Town Supervisor to composea letter to the ZBA to be mailed out as soon as possible with regard to the DragonSprings' application for a height variance. This motion was carried with four votes infavor and one abstention. fhe minutes reflect that the discussion in this regardconcluded with the following comrnent by Viola Sinsabaugh:
"Well we have the letter from the Building lnspector denying their initialapplication and telling them that to proceed any further they need toappear before the Zoning Boarcj of Appeais. So the Buiiding inspectorhas said that he is not in favor of it. so the Board should take a stand."
A lelter dated February 27,2007, the very next day, was sent out on behalf of the TownBoard of the Town of Deerpark to the ZBA concerning Dragon Springs' area varianceapplication. The letter itself does not reflect that Dragon Springs was copied on theletter, nor is it copied to thls firm as counsel to Dragon Springs.
Cur client, of course, found out about this letter and we were asked to respond whichwe did by letter dated March 12, 2OA7 to the Town Supervisor and Members of the
010 41
r.trl)l)\
April 23, 2007Page 4
Town Board of the Town of Deerpark, with a copy to the Planning Board, counsel to the
Town of Deerpark and a copy to the ZBA.
The ZBA public hearing of March 15, 2OO7 essentially started with the reading by the
ZBA Chairman of the -1own
Board February 27, 2OO7 letter. On behatf of Dragon
Springs, I asked the Chairman of the ZBA foi equal time if you will - to bg.permitted to
read my response to the Town Board's letter and the Honorable tr/artin Smith,
Chairman of the ZBA, granted that request. I therefore on behalf of Dragon Springs and
at their request read f6r the record my response to the February 27,2007 letter from
the Town Board to the ZBA regarding -Dragon
Springs' area variance application. This
letter is dated March 12,2007 and it reads as follows:
Re lication of Dragon Springs Buddhist, lnc. forAppA Sinqle Heioht Variance - lr/eetino of March 15 .2007
Dear Hon. Mark House and Members of the Town Board:
We are counsel to Dragon Springs Buddhist, lnc. ("Dragon Springs") and are in
receipt of a copy of a transmittal dated February 27, 2007 from the Deerpark
Town Board in connection with the pending application and which attempts to
inappropriately influence the singular jurisdiction of the Deerpark Zoning Board of
Appeals ("zBA") to determine the subject area variance application,
This transmittal from the Deerpark Town Board refers to a meeting which
occurred on February 26,2007 whereby the Town Board, by a vote of 4 in favor
and 1 abstention, apparently adopted a Resolution wherein and whereby the
Town Board agreed to express its opinion regarding the pending area variance
application of bragon Springs. To begin with, this meeting and Resolution is
highty irregular it nit unprec6dented as typically Tolvn Boards and other boards
of-a munic-ipality do not interfere with the exclusive jurisdiction of a Zoning Board
of Appeals', ,njess referred to such other board as a matter of a mandated
prccedure, ',vhich is not the case here. Nor is it the domain of a Town Board to
call to ZBA members' attention the standard criteria for determination of an area
variance. Obviously, the members of the Zoning Board of Appeais are weil
versed with the standard criteria governing the determination of an area variance
application.
On behalf of Dragon Springs, we hereby register our opposition to this
interference with oui client's pending area variance application. This action is a
continuation of a longstanding discriminatory treatment aimed at rnfnngement of
010 42
CLit)l)\'
April 23, 2007Page 5
Dragon Springs' constitutional and property rights for which all rights arc
reserved. ln addition, the Town Board which adopted this Resolution in regard to
our client's pending application, did so without any notice to our client - a clear
due process violation. Not surprisingly, as a result, the Town Board's Resolution
is replete with misinformation and blatant misrepresentations of the salient
indisputable facts^
It is patently clear by a review of the Town Board Minutes of its meeting on
February 2O,ZOOI, that the Town Board had not even reviewed Dragon Springs'
application. ln the case at bar, it is indisputable that the Multipurpose Building
was already approved by the receipt of Site Plan approval from the Planning
Board of the Town of Deerpark. This variance application is onlv forthe purpose
of constructing a professional stage in a portion of the tr/ultipurpose Building. ln
fact, such part represents only 25% of the entire structure.
All of the speculation in the Town Board's transmittal about possible substantial
environmental impacts is sheer nonsense. There will be no change whatsoeverto the Multipurpose Building, except for the difference between a Multipurpose
Building with an unprofessional stage and the proposed change reflected by the
increased height for the sole purpose of creating a professional staqe with proper
dimensions for professional presentations of religious music, dance and scenery.But for the continued discriminatory treatment of Dragon Springs based on the
clear view of this organization as a "non-mainstream" religion having less rights
than the mainstream religious constituents in Deerpark, we are certain that suchan unprecedented Resolution and letter would never have been sent-
It has also been brought to Dragon Springs' attention that the Dragon Springs'application for height variance was discussed at a Planning Board meeting -
again without notice to Dragon Springs or its counsel.
With respect to the recent actions by both members of the Town Board and thePlanning Board, alt i'ights are respectfully i-eserr*ed. This transrnittal is withcutprejudice in all respects to the rights of Dragon Springs vis-ir-vis the Town Board,
the individual members participating in that Resolution and correspondence, thePlanning Board and the individual members who participated in the meetingregarding Dragon Springs which was conducted without notice, as well as anyother continued actions of any municipal officials aimed at interference with
Dragon Springs' rights and delay of Dragon Springs'continued development in
the Town of Deerpark.
r-&ti.,,)tLr.lo I
010 43
(.Lrl)l)\
April 23, 2007Page 6
Lastly, the fact that the Town Board minutes in regard to this matter reflect the"argument" that the denial of this application by the Building lnspector isindicative of his recommendation on the merits of the application and issomehow relevant to same is absurd. The Zoning Board of Appeals is a quasi-judicial agency whose jurisdiction over applications is appellate in nature. lnevery single application for an area variance, the Building lnspector as a matterof procedure is required to denv the underlying bullding permit applicationbecause it does not conform to the Zoning Code, thus providing the legal basisupon which the application may be appealed to the ZBA, The denial by theBuilding lnspector in the case at bar was a foregone conclusion and is of norelevance to the merits herein.
As will be demonstrated at the public hearing on this matter before the ZBA, it isour client's belief that this application meets all of the criteria for the granting ofan area variance. We look forward to appearing before the Zoning Board ofAppeals at the public hearing on March 15, 2007. By copy of this letter to theZBA, we ask that this letter be made part of the record therein."
There is no doubt that the ZBA public hearing took much longer than would have beennecessary but for the Town Board letter and the need to set the record straight. Theapproximately 23 pages in length ZBA meeting minutes of the area variance applicationspeak for itself and I will not take the time to review the content of alt of the commentsand responses raised, although clearly it is our position that Dragon Springs wassingled out for different treatment by the Town Board's intervention in an appiicationpending before an autonomous board within the Town of Deerpark- This fact was self-evident from the beginning of the hearing with the reading of the Town Board's letter,and it is Dragon Springs' belief and my belief that without the response that I have read,there is no way that Dragon Springs could have ever received anything approximating afair hearing let alone the area variance it applied for.
lndeed, last week the area variance application was granted by the ZBA by a vote of 3+^ ') tA/^ la^l;^,,^ lL--+ rL^ ^^--^ -r rL- Lio L. vvc ijelleve Inat tne sccpe oi the hearrng and the iegai anci reiateO expensesincurred by Dragon Springs was significantly increased because of the Town Board'sunrnistakable - in our view - "request" to the ZBA to consider ils concerns with thesubject application.
We publicly commend those members of the Zoning Board of Appeals who exercisedindependent judgment and voted tc granted the area varrance application,nolwithstanding the unprecedented attempt to interfere bv the Town Board.
010 44
(. t.r l) [ )\'
April23,2A07?age 7
It has further been brought to our attention that at the Town Board meetings of March19,2007 and April 2,2007, Dragon Springs' variance application was again discussedquite heatedly by and between certain members of the Town Board. Ouring the courseof those televised meetings, Dragon Springs was repeatedly referred to as "thesepeople". ln our view, any member of the Town Board endeavoring to express afavorable opinion with regard to Dragon Springs or criticism of the Town Board withrespect to the content of the February 27,2OOT Town Board transmittal to the ZBA wasand is publicly vilified. The tone and the content of the meeting in regard to DragonSprings and these issues degenerated into almost screaming matches with, at onepoint, as I observed, the Town Supervisor seeking to silence one member of the TownBoard and prevent him from speaking altogether.
Dragon Springs is not aware of any other letter ever having been sent by the TownBoard of the Town of Deerpark to the ZBA following minutes of , meeting where in sumand substance, one or more members of the Town Board request that i letter be senturging the ZBA to denv the application.
Clearly, the record shows the unmistakable political preference of the Town Board thatthe application be denied. lndeed, the first paragraph of the February 27,2AOT TownBoard ietter to the ZBA states:
"At our Town Board Meeting of February 26,2OOT the Town Board, by a vote of4 ayes and 1 abstention, has expressed its opinion regarding the pendingapplication from Dragon Springs Buddhist, lnc. for a nJignt iariance for aproposed multi-purpose building atthe Dragon springs compoiund.,,
ln reviewing the February 26, 2oO7 Town Board Meeting Minutes, it is patengy clearthat "the opinion" referenced was that Dragon Springs' Jpplication snouid be denied.This, without the Town Board even haviig review"ed the pending application, theaccompanying plans or even educating themselves to learn what the proposaf actuailyentailed.
It has been the experience of Dragon Springs throughout the past several years thatduring each and every application and submission,irnicn it has made to any board,particularly the Planning Board, this religious organization has been treated with greatdisrespect and in a manner different than any othLr applicant in theTown of Deerpaik.
Unfoftunately, this particular experience and the interference by the Town Board inDragon Spnngs' area variance application is a continuation of a long-standing patter-n ofdiscrimination agarnst Dragon Springs, which our client asserts emanates from thehighest governmental levels within the Town of Deerpark and spreads with such
,,!i- '5r0r0 l
010 45
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April 23, 2007Page 8
attitudes, policies and positions to other boards, agents, employees andrepresentatives.
On behalf of Dragon Springs, we urge the Town of Deerpark and all of the involvedrepresentatives to cease and desist from any such further course of conduct, and werespectfully provide the Town with further notice that this notice is without prejudice toall rights and remedies of Dragon springs, and that all rights are reserved.
Very truly yours,CUDDY & FEDER LLPAtto for Dragon Springs Buddhist, lnc
By
JJG:jv
cc
v-- O7'-iJoshua J. G rauer,A Member of the Firm
Glen Plotsky, Esq.Zoning Board of Appeals of the Town of DeerparkPlanning Board of the Town of DeerparkRon Gainer, Town EngineerRobert Emerson, Building lnspectorLana S, Han, Esq.
a-tF rJ l0l0 I
010 46
DEERPARK ZONING BOAITD OF APPEALS - MARCH 15, 2007 - PAGE # t
The Deerpark Zoning Board of Appeals met for their monthiy meeting on Thursday.March 15, 2007 at7:30 p.rn. at Deerpark Tor,.,n Hall, Route 209, Fluguenot, N.Y.The following were present:
RECE ivr*MA.H ? i ZAAT
!l\ !, ,f::\T,afil\IOIi\iI'] CLERK
ZBA MEMBERSMartin D. Smith, Jr.-ChairmanJane Lord
Karl BrabenecFrank Bigger
Gerald Cedrone
OTHERSMr. Glen A. Plotsky, Town AttorneyMr. Chun Feng, Dragon Springs Buddhist, Inc.Mr. Josh Grauer, Esq.Mr. Anthony Giolae, Esq.I\zIr Tn"^- Er^.r- A nnlinanfUlvv!Ir,.rHHlilutrt
APPROVAL OF MINUTESGerald Cedrone said that in the February 15,2007 meeting minutes, the secretary had included hisname in the motion, and he did not attend that meeting.
Geraid Cedrone made a motion to approve the minutes from the February 15,2007 meeting, withthe one correction. Frank Bigger second. Roll call vote: Brabenec, aye Cedrone, aye; Lord,aye; Smith, aye, Bigger, aye. Motion carried.
DRAGON SPRINGS BUDDHIST. INC. . PUBLIC HEARINGRepresented by Mr. Anthonl, Gioffie, Esq., Mr. Josh Grauer, Esq. & Chun Feng, ArchitectOwner/ Applicant Dragon Springs Buddhist, Inc. a seeking a height variance for theiralready approved multi-purpose building, on property located on Galley Hill Rd.,Cuddebackville, N.Y.It is an RR Zone. Section - Block - Lot : 31 - 1 - 21.22Application received February 2, 2A07
SEE ATTACHED PUBLIC HEARING RECORD
The Board decided to discuss this application at their next meeting
JASON & DONNA BROWN - INITIAL MEETINGRepresented by themselvesOwners/ Applicants Jason & Donna Brown are seeking a variance to attached al4' X 65'mobile home to their bungalow on property located at 1108 Route 209Cuddebackville, N.Y.It is an HVru Zone. Section - Block - Lot : 21, - 2 - tlApplication received March 5. 2007 .
Applicants were referred by the Building Inspector.
The Board went over the application with Mr. Brown. and asked him to make the fbllowingadditions and corrections to the application, and to initial those changes:
011 47
DEERPARK ZONING BOARD OF APPEALS - MARCH 15, 2OO7 - PAGE # IPUBLIC HEARING - DRAGON SPRINGS BUDDHIST,INC.
The Deerpark Zoning Board of Appeals met fbr a public hearing for the application of DragonSprings Buddhist, Inc. on Thursday, March 15, 2006 at 7 3A p.m. at Town I{all. Route 209,Huguenot. N.Y. The fotlowing members were present:
ZBA MEMBERSMartin D. Smith, Jr. - ChairmanJane Lord
Frank BiggerGerald Cedrone
Karl Brabenec
OTHERSMr. Glen A. Plotsky, Town AttorneyMr- Mark House, Town SupervisorMr. Liam O}treiil, Town Board LiaisonMr. Josh Grauer, Attorney for Dragon Springs Buddhist, [nc.lr- A--rL---. t-:-CC-^ 4..^---- (.-^- n-^--^- o--,-:-^-, h--lll-i-r T---rvu. 1\rlluuuY \Jruru(j. ftttulllsv tur l.laBurr JprurBs t)uLlurust-. tltu.Mr. Chen Feng, ArchitectMr'. George Lombaldi, CitizenMr. Robert Cunningharn, Town Board memberMr- Colin O'Brennen, Ass't Cuddebackville Fire ChiefMr. David Dean, CitizenMrs. Elizabeth Boucher, Adjoiner
The Chairman read the public hearing notice: "Notice is hereby given of a Public Hearing to beheld by the Zoning Board of Appeals of the Town of Deerpark, Orange Cotmty, New York,pursuant to Article 9 of the Town of Deerpark Zoning Law on the application of Dragon SpringsBuddhist, Inc. for an {rea variance for a portion of their multipurpose building to be raised to 68feet. The application effects the following premises: Record Owner: Dragon Springs Buddhist,Inc; Ta,x Map Designation: Section 31, Block 1, Lot 21.22; Zone Designation: RR. Located offof Galley Hill Rd., Cuddebackville, Town of Deerpark, Orange County, New York. lnformationon this application is on file with the Town Clerk, Town Hall, Route 2A9, Huguenot, New York.The Hearing shall take place at7:30 o'clock P.M. on the 15th day of March,2007 at DeerparkTown Hall, located on Route 209, Town of Deerpark, Orange County, New York, or as soonthereafter as practicable. All parties wishing to be heard shall be heard at that time."
lvlartin SmithOkay, we have correspondence. This is a letter to thc Zonng Board of Appeals from theDeerpark Town Board. "Dear Members of the Zoning Board of Appeals. At our Town Boardmeeting of February 26,2007 , the Town Board, by a vote of 4 ayes and one abstention, hasexpressed its opinion regarding the penciing appiication from Dragon Springs Budcihist. Inc. for aheight variance for a proposed multi-purpose building at the Dragons Springs compound. Sincethis is an area variance. criteria for granting such a request are: l) Whether an undesirable changewill be produced in the character of the neighborhood or a detriment will be created to nearbyproperties. 2) Whether the benefits sought by the applicant can be achieved by some method"feasible for the applicant to pursue. other than a variance request. 3) Whether the area variancerequested is substantial. 4) Whether the proposed variance w'ill have an adverse alIect or impacton physicalor environmental conditions in thc area. 5) \Mrether the alleged diltculty was self-created. State Law also requires that your decision protect not only the character of the
011 48
DEERPARK ZONING BOARD OF APPEALS - MARCH 15, 2007 - PAGE # 2
PUBLIC I{EARING - DRAGON SPRINGS BUDDHIST,INC.
neighborhood. but the health. safbty and w'elfa-re of the community. The Town Board believes
tl-rat there are serions issues regarding the ability of emergenc,v responders, specifically voltmteer
fuetighters, to respond to this proposed structure in the event of a fue. Based upon the type ofconstmction. a greater risk may be undeftaken by firefighters. Appropriate equipment may not be
available to local volunteer companies. Based upon the size of the proposed structure and the
current engineering standard used for occllpancy and visitation at the compound, there may be
substantial environmental impacts involved in site disturbance, traffic, water, sanitary facilities and
a change in the character of the surrounding commr:nity based upon a more intense usage of the
site with a structure of this size. Obviously, variances should be approved upon the applicant's
ability to address the criteria set forth in the State law, not sirnply because the applicant wants to
construct the structure it has requested. Has the applicant considered alternatives to this structure
and the variance requested which would not require such a variance. The Town Boardr.esnectfirllv r"eouests that vorr carefirllv consider the aoorooriate criteria. as well as the concerns^v-rv-..*-J.--l_----...,Ji.f
set forth above and any concerns voiced by residents of the Town and particularly residents of the
involved neighborhood in making your determination on this matter." And it's signed by MarkFlouse, I believe.
Gerald CedroneMay I make a comment? At 4:00 today, Liam ONeil had called me to discuss this letter and
wanted to know if I understood it. And I think it was totally inappropriate for a mernber of the
Town Board to call me personally at my house, to understand if I knew this. And he was saying
something, well it's not Buddhist or Christian or Jew, it's an application for a variance, and did Iunderstand that, and would I like to discuss it with him. I think it's totally inappropriate. I don'tthink a member of the Town Board should call a member of the ZBA to comment on a letter thatwas written by Mark House to the ZBA. If he had a disagreement with Marks' letter, fine, write aletter, and I think someone did. An attorney for Cuddy and Feder wrote a request about this. ButI think that it's totally inappropriate for Liam ONeill as a representative...he said he was on the
Town Board, he also indicated that hc was a representative of Dragon Springs. Yes you did.
Liam O'NeilBoth conversations?
Gerald CedroneYou called today at 4:00
Liam O'Neil'l-h^r i- i-^^*-,.+I ll4f lJ ulLuttu!r.
Martin SmithOkay" I've got more correspondence. This is from Richard W. Bardet, 27 Tremont Street.
Stoneham, Massachusetts. To, Deerpark Zoning Board of Appeals. My name is fuchard W.Bardct. I own the propcrty locatcd at 61 Shore Drive in Godeffioy and I am replying by maii tothe notice of public hearing to be held March 15.2007, concerning the Dragon Springs Buddhist.Inc. as I will not be able to attend in person. I approve the variance for a portion of their multi-purpcrse building to be raised to 68' as long as said structure is not able to be viewed from any
011 49
DEERPARK ZONING T}OARD OF APPEALS - MARCH 15, 2OO7 - PAGE # 3PUBLIC HEAR-ING - DRACO|II SPRINGS BUDDIIIST,INC.
location offof their property. Likewise, I disapprove of the structure if it can be seen from anyIocation offtheir propert,v. I trust this is sufficier-rt inlbnlation to understand my position on thismatter. Please contact me at the above numbers, if there are any questions or concerns. Thankyou very much. Sincerely, Richard W. Bardet." Okay, I think that's all of the correspondence. Ifthe applicant would like to come r"rp to the podirun.
Frank BiggerI make a motion to open the public hearing.
KarlBrabenecSecond.
Josh GrauerMr. Chairman and honorable members of the Zoning Board of Appeals. Josh Grauer a member ofCuddy and Feder, attorneys for the applicant, Dragon Springs Buddhist, Inc. Mr. Chairman youhave read into the record the letter dated February 27,2006 to the Zoning Board of Appeals fromthe Deerpark Town Board. We have on behalf of our client, responded to that letter, and wouldlike to submit to each of you a copy of the letter. And I would like equal time, if you will, I'd likeyou to please read this letter into the record. Cr just allow me to read it into the record. But itwould probably be best if you read it into the record.
Martin SmithHold on a minute. Everybody get the letter? Okay, we all have the letter. The reason I didn'tread it into the record, was because it wasn't addressed to this Board. It's carbon copied to thisBoard, but it was addressed to the Town Board.
Josh GrauerThe people who sent the letter were the Town Board members, signed the letter, it wasaddressed to the Zoning Board. Then by copying the Zoning Board of Appeals, we received itand we ask that it be made part of the record.
Martin SmithOkay, if you want to read it into the record, okay.
Josh GrauerThis is in response to the letter that the Chairman just read from the Town Board, so we areresponding to that letter. "We are counsel to Dragon Springs Buddhist, Inc. and are in receipt ofa copy of a transmittal dated February 27,2007 from the Deerpark Town Board in connectionwith the pending application and which attempts to inappropriately intluence the singularjurisdiction of the Deerpark Zoning Board of Appeals to determine the subject area varianceapplication. This transmittal liom the Deerpark Town Board refers to a meeting which occurredon Fe'bruar-r'?6,2007 whereby the Town Boarcl, by a vote of 4 in fhvor and 1 abstention.apparently adopted a resolution wherein and whereby the Town Board agreed to express its'opinion regarding the pending area variance application of Dragon Springs. To begin with, thismeeting and resolution is l'righly irregular if not unprecedented. as typically Town Boards and
011 50
DEERPARK ZONING BOARD OF APPEALS - MARCH 15, 2OO7 - PAGE # 4PUBLIC HEARING . DRAGON SPRINGS BUDDI{IST, INC.
other boards of a municipality do not interfbre with the exclusive jurisdiction of a Zoning Board ofAppeals. tmless refbrred to such other board as a matter of a mandatecl procedure, which is notthe case here. Nor is it the domain of a Town Board to call to ZBA members' attention thestandard criteria lor dctcrmination of zrn zuea varizurce. Obviously, the members of the TornngBoard of Appeals are well versed with the standard criteria goveming the determinations of anarea variance application. On behalf of Dragon Springs, we hereby register ou opposition to thisinterfbrence with our client's pending area variance application. This action is a continuation of along-standing discriminatory treatment aimed at infringement of Dragon Springs'constitutionaland property rights for which all rights are reserv'ed. In addition, the Town Board which adoptedthis resolution in regard to our clients'pending application, did so without any notice to our client,a clear due process violation. Not surprisingly, as a result, the Town Board's resolution is repletewith misinformation and blatant misrepresentations of the salient indisputable facts. It is patentlyclear hy a review of the Town Boa-rd minr-rtes of its meethg on Febru,a'-y 27,2007 , that the To..^.4:r
Board had not even reviewed Dragon Springs'application. In the case at bar, it is indisputablethat the multi-purpose building was already approved by the receipt of site plan approval tom thePlanning Board of the Town of Deerpark. This variance application is only for the purpose ofconstructing a professional stage in a portion of the multipurpose building. In fact, such partrepresents only 25oh of the entire structure. All of the speculation in the town Board's transmittalabout possible substantial environmental impacts is sheer nonsense. There will be no changewhatsoever to the multi-purpose building, except for the difference between a multipurposebuilding with an unprofessional stage and the proposed change reflected by the increased heightfor the sole purpose of creating a professional stage with proper dimensions for professionalpresentations of religious music, dance and scenery. But for the continued discriminatorytreatment of Dragon Springs based on the clear view of this organization as a non-mainstreamreligion having less rights than the mainstream religious constituents in Deerpark, we are certainthat such an unprecedented resolution and letter would never have been sent. It has also beenbrought to Dragon Springs' attention that the Dragon Springs' application for height variance wasdiscusscd at a Planning Board meeting, again without notice to Dragon Springs or its'counsel.With respect to the recent actions by both members of the Town Board and the Planning Board,all rights are respectfully reserved. This transmittal is without prejudice in all respects to therights of Dragon springs vis-a-vis the Town Board, the individual members participating in thatresolution and correspondence, the Planning Board and the individual members who participatedin the meeting regarding Dragons Springs ll,hich rvas conducted without notice, a. *til u. unyother continued actions of any municipal officials aimed at interference with Dragon Springs'rights and delay of Dragon Springs' continued development in the Town of Deerpark. LasilSr, thefact that the Town Board minutes in regard to this matter reflect the argument that the denial ofthis application by the Building Inspector is indicatir,'e of his recommendation of the merits of theapplication and is somehow relevant to sarne is absurd. The Zoning Board of appeals is a quasi-judicial agency whose jurisdiction over applications is appellate in nature. In every singleapplication tbr an area variance, the Building Inspector as a matter of procedure is required todeny the underlying building pemrit application because it does not conform to the Zoning Code,thus providing the legal basis upon which the application may be appealed to the Zoning Board ofAppeal. The denial by the Building Inspector in the case at bar was a foregone conclusion and isof no relevance to the merits herein. As will be demonstrated at the public hearing on this matterbefore the Zoning Board of Appeals, it is our client's belief that this application meets all of the
011 51
DEER.PARK ZONING BOARD OF APPEALS - MARCH 15, 2007 - PAGE # 5PUBLIC HEAR.ING - DRAGON SPRINGS BLIDDHIST.INC.
criteria for the granting of an area variance. We look forw'ard to appearing before the ZoningBoard of Appea.ls at the public hearing on March 15, 2007. By copy of this letter to the ZBA, weask that this letter be made part of the record therein. Respectfully submitted, Cuddy & Feder,LLP, attorneys for Dragon Springs, by.Ioshua J. Grauer a member of the firm." Copies deliveredby hand to the Plaruring Board of the Town of Deerpark, to Counselby mail and e-mail, to the Attorney to the Planning Board and Zoning Board of Appeals, anddelivered by hand to the Zoning Board of Appeals. Mr. Chairman and honorable members, thankyou very much lor giving me the opportunity to read our response to the Town Boards' letter. andTown Boards'resolution into the record. And now ['d like to introduce my partner, AnthonyGioffre, who will present the formal summa-ry and review of the merits of this application.
Frank Bisqer.Iosh, beftrre you leave here....who did you a-ddress that letter to?
Josh GrauerOkay, to reconfirm again. This letter was responding to the letter from the Town Supervisor andmembers of the Tor.rm Board of the Town of Deerpark. It is addressed to them as the writers ofthat letter. We acknowledge that the Zoning Board of Appeals did not send that letter, but thisevenings'proceedings commenced with the reading of that letter. And just for that purpose, andbecause we copied the Zoning Board and asked that this letter be made a part of the record,there's no question that this letter was addressed to the senders of the letter to the ZBA. Andthose who adopted that resolution, with regard to an application that hasn't even been presentedyet. That's the whole purposc of this evening's hearing. Thank you very much.
Glen PlotskyMr. Chairman, before Mr. Gioffie begins, in reviewing the mintrtes that were just approved, thelast item prior to the making of the motion to schedule a public hearing for this evening, was thatthc Board asked Mr. Feng to submit a copy of the deed to the Town Clerk by March Sth,2007.Reviewing the ZBA file, it appears that the deed has not actually been delivered, or a copy of thedeed has no actually been delivered. I would defer to the ZBA as to whether you wish to start thehearing and hold it open for the submission of the document, or whether you wish to delay thehearing until such time that that deed is delivered. That's just a procedural thing that we requireof every other applicant, and the Board has to determine holv tc prcceed.
Josh GrauerIt's my understanding that the deed was delivered to the Town Clerk. I think that...we have areceipt stamped February'21.2007. received, Town of Deerpark. Tou'n Clerk, 2-21-07."r,reccived deed from Dragon Springs that I am putting in the Planning Board mailbox. JerianneBaumgartner, Dcputy Town Clerk.
Glen PlotskyIt may have been mis-filed then. That's fine.
Josh GrauerOkay, so you have it..
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DEERPARK ZONING BOARD OF APPEALS - MARCH 15, 2007 - PAGE # 6PUBLIC T{EARING - D}IAGON SPRINGS BUDDHTST,INC.
Clen PlotskyI'd like to get that receipt, and at least put that in our trle.
Josh GrauerWhy don't I just malie a copy of this, I certainly could sl'row it to everybody toniglrt, and then rve
could undertake to...wc could copy it fbr you.
GIen PlotskyThat's fine.
Martin SmitlrI see what happened. it went to the wrong mailbox.
Glen PlotsbrThat'd be my guess. I'll ask the sbcretary to make a copy of it
Martin SmithOkay, if ycu would continue with this public hearing.
Glen PlotskvDo you have the proofs of mailing? So.ry. Do you have the proofs of mailing. certified mails For
the public hearing?
Anthony GioffreGood evening, my name is Anthony Gioffie, I'm a member of the law firm of Cuddy and Feder.445 Hamilton Ave., White Plains, New York. I'm appearing on behalf of Dragon Springs, and it'sthe application before the ZBA. As you're aware, Dragon Springs is requesting a variance toincrease a portion of the building known as the multi-purpose building, which was previouslyapproved by the Planning Board tbr a lower height. The proposed area of the structure, that isproposed to increase to 68' is approximately a little bit less than 25% of the building, andcomprises about 2/9th oFthat building, which is located in the rural residential zoning district.The multi-purpose building was approved by the Planning Board for a site plan. special permit.And the building will be utilized for live performances by Dragon Springs consistent with its'Buddhist religion tbr such rituals, lectures on scripture, sculpture. flowering and other similarfypes of activities. The post modification before you is nearly increase the height of that srnallporlion of the building. the structure, to allow for a professional stage. And I believe it wassubmitted to the Board previously. but I'll just ask IvIr. Grauer to circulate to the Board tbr therecord, a portion of the Architectural Guidelines, which we have copies to hand out. Which arethe design standarcls tbr which such a stage should be designed and constructed. These standardsdictate that a typical stage opening fbr a concert arc 24' to 40' in height. And a typical stageopening for dance is tlpically 18'to 30'. The proposed stage that we're proposing isapproximately 30' in height. That being said, the opening that's recommended, r,vhich was a above
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DEERPARK ZONING BOARD OF APPEALS - MARCH 15, 2OO7 - PAGE # 7PUBLIC HEARING - DRAGON SPRINCS BUDDHIST, INC.
the stage, where backdrop. scenery. curtains are...if you look at the second page, in the upper lefthand corncr of thc documcnt that w'c just circulatcd, indicatc that the architectural designstandard, is that the opening be 2 112 to 3 times the stage height, plus clearance, and thenbuilding materials. Theretbre, thc 68'that we are proposing this evening, is actually less thanwhat is recommended by the alchitectural design standards. Dragon Springs is very confident ofthat report put hefore you. while it may seem like a lot, it's driven by these standards, and they'retrying to mitigate whatever impacts that they can do, and still view the professional stageconsistent of the design, architectural workmanship, quality that they utilize on every otherstructure on the property. As I mentioned a moment ago, the opening is for curtains and scenery.Curtains that are closed are at such a depth that they can't typically rolled. And the scenery that isutilized by Dragon Springs will depict such scenes as heavenly realms, other religious scenes,where spacial relations between elements of such scenery are very important and inherent to theirreligious beliefs. And that's consistent also with the design of where the other structures on thecopy are locatcd. Some of thcm are just located at a higher elevation and in relation the sccnery isvery important, which is why the stage opening also has to be approximately that height. If youall had a chance to visit the premises, you know that it sits on a over 400 acre parcel, and the areawhere the structures are constructed, actually sit in a hole. So, the surrounding topography isgenerally higher than where the buildings actually sit. And the tree line in this vicinity thatsurrounds these structures, is in the neighborhood of 70' to 75'. Which is higher than theproposed building structure, which is proposed to be 68'. As was read into the record, inreference to the Town Board letter, and I'm sure you're all aware of the standard that you mustreview in the various applications, there are five factors that you must consider. The one thingthe Town Board letter did not mention is that these five factors relate to a balancing test. Andthat's what you're really weighing here. The benefits to the applicant by granting the variance.weighed to any detriment to the health, safety and welfare of the surrounding community. Andwhcn you're considering that balancing analysis, you look at the other five factors.. Where I'll gothrough for you. I respectfully submit that proposal that's before you this evening, will notproduce an undesirable change in the character of the neighborhood, nor it will be a detriment toany of the nearby properties. Because of where the multi-purpose building is situated on thepremises, the topography in the area, which I just mentioned, the existing tree line, the mature treeline in the area, and the general size of the entire Dragon Springs premises, the increase height ofthe building will generally not be visible to the public. Indeed, as I mentioned, the tree line isactually higher than the proposed building. And in considering the line of site, someone sittingoutside the premises is going to generally be looking up. And when looking at a tree line, the eyetends to go above. So, even if a small portion of the building may be seen from certain remoteareas. I respectfully submitted that this is a diminimis proposal, and is going to be less than whatyou'd be seeing, for example, than if ;rou're out on (Route)209 or (Route) 211. and there's abuilding maybe significantly less in height, but it's right in front of you. The spatial relation thatsomeone is going to be reviewing the premises is going to be one of the mitigating firctors fbr theincreased proposed height fbr this building. This variance can only be achieved by this proposalthat's before you. And the building is proposed to be a certain height. I imagine it's only 2l9th ofthe building. Now, even though this building is proposed to be 68' in height. it's not going to besix floors. It's going to be just a stage. which is approximately 30' in height. and then the openingabove, r,vhich is not habitable, and which only houses the backdrop, the scenery and the curtainson the stage. And again, this request is driven by the architectural standards. And in fact, the
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architectural standards dictate that this opening be higher than what we're proposing. Again.we're very conscious of what we're proposing, and we're trying to mitigate any potential impactthat we can. And as I rnentioned earlier, this stage will be used for live performance. Aperformance will be authentic. protbssional, consistent, and the design will also be consistent withthe Teng Dynasty structures that are on the premises. And the prove that the quality of w.ork iswith every other structure that's on the premises. And as I mentioned also earlier, space relationagain dictate that we need this opening for the stage. so that the heavenly realms and otherreligious scenery can be appropriately depicted in the backdrop. This is a...I'll circulate for theBoards' perusal, a picture of a typical live performance. And we see the performers in theforeground, and in the back you can see the spatial relations as it relates to the buildings and otherpictures in there. Which I think can give you a good idea of what I'm explaining, it fits into whatyour perception will be. Respectfully, we submit that this variance is not substantial. So, if you'rethinking that 68' ma.ybe seerr.s 1311, a-gaur, this is less than the architectrrral design standards thatwas circulated to you. And while we're aware that the perception of 68', anybody in the area orsomeone that's driving,...l want to stress upon you, considerable effort has been taken indesigning this and figuring out a way to achieve their objective, while still mitigating any potentialimpacts. And again, this height would be mitigated by all of the factors that I mentioned before.The location of the proposed structure, and improved structure that's within the bulk of theDragons Springs location, the surrounding topography, the tree lines, and again, the distance thatthis building will be from anyone else. If this building were built right next door here on (Route)209, and it's 68', then I don't believe that the mitigating factors that I've outlined for this proposalwould mitigate such a proposal as that. But given the location of the facility, the topographythat's surrounding it, the tree line, they all mitigate what's perceived as a tall structure. Irespectfully submit that there will be no adverse impact on the physical or environmentalconditions of the neighborhood. Again, this location which is proposed increase will generally notbe visible by the public, and there'll be no change of traffic in the area. And the building isproposed to be constntcted of non-combustible materials, concrete and steel. I'll pass Mr.Grauer's circular to the Board, an affidavit, executed by Mr. Chun Feng, which speaks aboutcerlain safety issues, some of the safety issues that were identified in the Town Board letter. Andwe'll just ask Mr. Feng to come up to the mic to highlight a couple of the points that are in theaffidavit, particularly as it relates to emergency responders, and additional measures that DragonSprings is taking.
Glen PlotskyCan we make a photocopy of that please? I'rn sorry. if it was submitted for the record, then eitherwe keep it, or we make a copy. whatever you prefer. And I'm not talking about the alldavit, ['mtalking about the phctograph that was submitted.
UnknownWe will make a copy later during thc break.
Glen PlotskvOkay, thank you
Chun h-eng
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Members olthe Board, my name is Chun Feng, I'm the architect of Dragon Springs. Today Irvanted to just introduce to yon about the fire salety measrrres. Before the multi-purpose buildingwas proposed, anci fu'e fighting s,vstem was basically through a series of yard hydrants. There is alakc. a 9 acre lake on site. The lake r,vas used as a rate of fire fighting, w'ater. And then fire pipeswere constructed to bring the water from the lake to the back side of the project. There is a relystation between the lakc and the piping. So, the fire departrnent will come w-ith their emergcncy"and make the comections, between the lake and this. and then pump, you know. charge thewhole system. The whole system becomes fliliy charged, and then another one to two trucks willdrive to the back of the buildings, and we have like six fire hydrants. They are spaced around thatarea. And then they make a connection, and tl'rey just fight the fire up there. So, that was thesystem before. When the multi-purpose building was proposed. I realized, the design I realized,the fire code and the building code, we must be sprinklers. So, it has been ftilly automated in thebuilding. And in case of a fire, of course, the fire alarm will activate the systern and the system isfully charged. No need to worry, tt's24 hours a day, it's fully charged. So, a certain sprinkler willhandle the main. and will activate the whole svstem, and that portion of the area where the firestarts will be extinguished where the fire is. So, you don't need the fire department response onsite. So, this system, the fire hydrant acts as another layer of fire protection. So, from outsideyou have the fire hydrants, the yard hydrants, and on the inside you have the sprinkler system.And then besides that. there's inside...like stem pipe. So, the fire department is necessary to comein, and then they can hose and fight the fire inside. The added height of the stage will not changethis profession at all, because the sprinkler will be installed at the top most level. And this stage atthe end of the bulkhead, they call it, right. is a single story. So. there's no multi levels inside. ofheight. Normally, charger is needed, minus,... you can have a multi-level space, and then youhave, in case someone is traveling at the upper level, and you need a level raised, and make surethat the water goes into that level, and goes into that level with the charger to rescue people out.In our case there's no such thing, there's no multi-level, only single story.
Jane LordWhat about people on scaffolds and stuff?
Chun FensYcah, that's a good question. The scaffolding is,... normally when before the peltbrmance youhave people up there, and then for repairing. Normally the tighting and the stage, you don't needto go up there to install. You havc the system where you have a counter weight, and you just byreleasing it. the grip iron will come down. Then you just perform on the stage. Then you just rollout and up. So, only whcn in case of a failure, you havc one or two repair people out thcrc torepair it. So, it's not a habitable space, it's only in case of a repair, you could go up there. Evenduring normal operation you lower it down. tighten up the lights. and then raise it up again. Yousee it on every stage. you have this bar, and then drop down. go out and drop. So. that's basicallyit, so you don't have any firc hazard, so called....okay, go ahead.
Gerald C-edrone
You said that the sprinkler systems should be fully charged. What about the water supply?
Chun Feng
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Oh yes, that's a good question.
Gerald CedroneI knorv, but I mean, are ]'ou going to have a pump dor,vn by the lake?
Chun Feng
No, actually we are going to have a fire keg, 20,000 gallons. you know. that's calculated.
Gerald CedroneWill it be up on the rool?
Chun FengNo, it's buried undergroturd. with a fue pump.
Gerald CedroneA firc pump can't pump more than 32'.
Chun FengNo, it can.
Gerald CedroneNo, it can't. No, it can't.
Chun Fenu
Our engineers designed it already. It's.
Gerald CedroneI was in charge of fire protection for a major corporation. And if yotr have a ground pump. itcannot pump more than 32' vertical into the air. Either you have to put it on the roof, or you haveto put a tank higher than the roof. You cannot pump li"om the ground more than 32'.
Chun Fengls that a current information. or maybe it's from a fe,'v years ago. Maybe tecturology has advancedso that you can do it.
Gerald CedroneYou can only pump so much because of the atmospheric pressure on the water. Correct'? Right?You know that.
Chtin FengYes.
Gerald CedroneSo, the atmosphere has not changed.
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Martin SmithI think you can get it 32'. but not push it more theur that.
Gerald CedroneIt can go 3?', but if yor-r don't have somcthing in the line, to prevent it going back. it can't go over3)',.
Anthonlr GioffieI'm not an cngineer. I don't profess to be an expert in that area. However. I respectftllly sr.rbmitthat if this is a concern, that any of these issues be reviewed by the Town Engineer or the localFire Chiet and you can make it any condition of any approval that you rnay grant.
(-hrrn Fcn,r
Yeah, we have a lot of high rise buildings in Manhattan, and yeah you have fire drains on top a lotoftimes. Wejust...
Gerald CedroneYou have a valve in the line.
Chun FengYeah, that fine. The thing is, I appreciate your advice, r.ve have to pay attention to that, but thisbuilding height addition, you know, it's not that we planned for a long time. We are told that thisis one of the options.....but the engineers will design this first, if a valve is... more tanks will be putup there. We'll do that, the Town Engineer will check this for you, will approve this for you. So,he will have to approvc it, you larow. So, we haven't reached the final engineering point yet, onlystart to get approval from the Zoning Board first. But I'm sure that modern technology willafi[ord us ways of fire fighting this building.
Jane LordYou want a professional stage, I assume, at the plaruring point of the building. Mry, all of asudden, after you've gotten approval for this building, do you realae that you need this extravariance?
Chun FensBut when we designed it" I was the architect and I designed it" the building height was 35'. Wehave to design it so you....if you show the proot, you know, what the building was designed, thestructure was designed. it'was all based on the 35'. And even the materials shipped to the site,
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scenery, the scenery must be very light. And then vou drop down, it like weighs. And it's sewninto the curtain. the curtain is below it. and then the ctrtain is designed, it's very heav_v, theyshorved us, it was very heavy and layered. The only thing vertically going up and dor.rn.
Jane LordAre you familiar r,vith w'hat they call grand....you were talking about now what they call grandbrakes in theaters, that's the front brake. Sometimes they Bo up, which is called a guillotine, andsometimes they go back and forth with machines, which is traveler drapes. And the scenery doesthe same thing. If you look into the side way, back and forth, you might not need an exception.
Chun FensNo, the sideways, if you understand what this is, this is hard scenery. If you go sideways younnust ha..,e a lot of tracks. If you go back, because the stage is wide, r1'you go back, it's heav,v
enough for sight distance, so these are two half scenery's for tracks to go back. Easy you can doit, it's a block away, people are there. You know, people have gone it, they come out, they goaround, they go downstairs, then this scenery we try sideways, it'll block everything. You know,we looked, we saw'it the way you suggested, but it's just the configuration, and the size of that.And so, we looked at it, we bought the material, and bought it already, but people would have tobuild up like this, spend a lot of money and end up with a very unprofessional stage. And i1.......And instead of people wasting money from the first, we felt it that it's protecting this, andgenerally it cannot be seen, and also the fire issue is not a problem. WE just don't see any sightdrawbacks for the building. So, we just decided to come to the Board and show our situation,and we really hope that the Board can allow us to, instead of wasting more money, the bulkhead,and be able to do what we want to do.
Jane LordIs the theater going to be open to people in the community?
Chun FengAt this point, because of the population limitation, I think if certain people, and not go over thenumber of people limit, you know. I don't whether it's possible. but we want everyone invite, youknow, for people to build what we want to show. I think the company said they want to promoteculture, so this is our hope, but when we get to a point where we have to ask the Planning Boardto, that's the point where we would talk. But now there's no pkm For that yet. So, the limitationwill be the a few dozen people will be invited.
Anthonir GiofteI just want to clarily one statement. This is going to be one story in the area, however there'sgoing to be a small basement where. like the dressing room areas, I just wanted to clarify that tbrthe Board. And with rcgard to thc last question and comrnent. Cbviously, Dragon Springs willhave to comply with all of the Codes. conditions that this Board or any other Board, a priorPlanning Board approval has. The last point that you must consider as part of your balancinganalysis, is, with regard to selficreated hardship. We respectfully submit that due to the design.this is not a self-created hardship. this is driven by the architectural standards. However. to theextent that you deem self-created hardship, respectfully I remind the Board again. that this is not
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PUBLIC HEARINC - DR-ACON SPRINGS BLTDDHIST,INC.
on the -qranting or denial of the variance. That's the end of my formal presentation. I'd be happyto answcr any questions that you do have. Thank you.
Martin SmithDoes any Board mcnrber have any qucstions? I think they covered it pretty well. Okay, thanltyou.
Karl BrabenecI just had a quick question about the scenery. Now with the scenery, is there any way that thescenery, instcad of it coming up and then down, is there any way that it can come frorn the stage
up? Is there any w-ay that that can happen?
Chrrn F'enrr
The basement is mentioned there. it is not a new proposal, it was approved by the Planning
Board. But then your question, it's not possible, because the basement is very low, it's only likemaybe 10'or 11', and there's no way you can go down. And also, the scenery is rnany layered,you don't know which will go up and down. So, if it goes down you have to have a lot of slots onthe floor, and that's not possible.
Maftin SmithOkay, the stage is already there, and you could see the one entrance to the basement rightunderneath it, that's one of the entrances.
Anthony GioffieI would assume, based on the height of the stage only, you would have to go, I would assume,
many feet below ground, which I don't think is practical.
Martin SmithOkay, is it tirne for comments from the public. All right, there's a hand up first. State your name
and...
Liam O'NeilL4y name is Lia:n ONeil and I live in Cuddebackville. AnC the reason I'm coming up here isbecause of what Jerry said. I had called a couple of you. But I want to make this public as well.I abstained on this letter, as you know. But had I known the contents of this letter, I would'vevoted no, and there are three reasons for that. Basically, I think the letter has three things. One, Ithink the Zoning Board should knor,v and docs know upon what varianccs should be dccidcd.And so that is redundant. One thing accomplished. delinitely. It's clear what guides the ZoningBoard. what is betbre you which has been expressed, is a variance for height. And I fail to see
where sight disturbance. traltrc, water. sanitary facilities. and change in the surrounding characterare tied in to height. These were all issues that were before the Planning Board, and they onlypertain to Planning Board. What is before you is only a variance tbr height. And thirdly, and thisis what is most worrisome. that the Town Board wrote this letter. and it's drawing conclusionsthat there ale serious issues. when the Town Board had not even reviewed this application. andindeed this application was just in its' infr.nt stages before this Board. And that is worrisome,
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because the Town Board is overstepping its'bounds, the Zoning Board is the board that sees
these issues. And if the Town Board is ready to n-rake a conclusion based on something that theydo not knorv the details for. it is oniy given the appearance of a bias torvard an applicant. And as Isaid to Jerry', I don't care if the applicant is Buddhist, Christian, Jewish or w.hatever, any board,the omrs is on them to be impartial, and this letter to me, is not impartial.
Jane LordYou should be telling this to the Town Board, not us
Liam O'NeilYou know what, I agree. And at Monday at the Town Board meeting I will be saying it. As aTown Board member who abstained on this letter, I r.vanted to tell you that had I knol^rn thecontent of this, I would havc voted not. And I beg your pardon, if I'm angry. My anger is notdirected towald you. I do think that the Boald has certainly shown and will hopefully showfairness in this application. But I do also want to strcss that what has been submitted in this letter,appears to me like there is an undercurrent of bias, and the Zoning Board needs to rise abovethat, and I'm sure you will.
Martin SmithOkay, thank you. Anybody else?
George LombardiMy name is George Lombardi, I live in Huguenot. I heard a lot about the stage. How many seatsare going to bc in the auditorium?
Chun FengWe don't have any seats yet.
George LombardiIt can't be more than 100 seats then.
Glen PlotskyExcuse me, you need to direct your comments to the Board.
Martin SmithGcorgc, thcrc's a limit on thc occupancy ot'thc building, it's set by the Planning Board, and that'sthe limit. lt's my understanding that it's a level tloor and what seating, the seating that will beused will be pr;rtable seating, you know. what yor-r have here, either the folding chairs or someother kind of portable seating that can be moved in and moved out.
George LombtudiThat's an assumption. I think
Martin Smith
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PUBLIC HEARING - DRAGQN SPRI]I,{GS BIJDDT{IST, TNC.
No, it's whzrt the architect told.
George LombardiThe other thing about visual. Everybody's so worried about seeing something above the tree line.
We have quite a bit of a visual problem right next door with C & D Battery that you're looking at,
smoke going up. We've got Sumrnit (Researcl'r) right across the street, that I'm not sure, but Ithink that building is a little higher than 35', I'm not positive, I can't swear to that. But there's
smoke going up there, I look at that every day of the w'eek, and that's a pretty visual thing. We
got a logging operation up on (Route) 209, that I've complained about for tluee or four years,
that's a visual eyesore in the Town. So, a couple of little things up by the tree line doesn't bother
me. As far as this project is concerned, I misunderstood it too. Because the information wasn't,r. r' .ot r. ,Cn----- l--^-^-- C-^^-l^Il^frt.^+ T)--+.L^al^,-,L-,7out tngrg, ano I m tnlruitng 06, a collplu ol iluu[s, uilllucl , nlc illlLl i4ll ur LrliLL. l)ul. ttl.il. s wrrJ r
come to the meetings. The stage, well we all go to the city and see, you know, shows, and you
got to have 35'or you can't do it.
Jane LordOh, yes they can.
George LombardiBut the matter of fire, it's built on...well, they've been doing things up there where the architecture
is fantastic, and if it's not a health hazard or a danger, where it's not going to effect the firecompany, but the one thing went up about the fire thing, you know, I think that that's important,
at that height before, but they can remedy that same problem. I'm not against the things that
they've been doing up there, they've been doing. And, you know, I heard about the tower that
they built, there was a big fuss about that, and all the time they've been building it. I didn't even
realize it. Someone told me to go take a look, I had to drive all the way up to (Route) 211, go
across the bridge, which is another eyesore in town. that road on the other side. Look across the
field, I saw thc tower up there. [t's high, but it's not an eyesore. So, I think, you know, taking the
visual things into consideration, there should be a lot more consideration about the visuai things in
town.
Martin SmithWhat you're looking at too, is not the tower. You're looking at the scallblding around it
George LombardiWell. whatever it is. it's up there.
Martin SmithBut that's what you're looking at.
George LombardiWell, that's going to be visual. But just to see it, you had to drive all the w.ay up on that road.
where there's one or two spots where you can see it. but we can't see it Aom down here. But Ican see C & D Battery and the smoke coming up.
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PUBLIC HEARING - DRAGON SPRINGS BUDDHIST, tNC.
Martin SmithOkay. Anybody else? Bob.
Robert CunninghamRobert Cunningham. I am one of the Town Board members. The only thing I'm going to sayabout the letter, is the tact that the Town Board does have a right to express its' opinion. andthat's exactly what we did. My main problem with this, when I saw it. was the 68', because Ithought it was going to be 6 floors of building, and we were going to need a ladder truck. Andthat meant that the fire district was going to get stuck with paying for a ladder truck and abuilding. Now, if they don't need a ladder truck, well, that's a different story. My understandingis, on this, that the Town does not have the proper equiprnent to fight a fue up there, if it's
.-- .- rj -l-r C..^ r rr-l.-l- C.L- C-^ --^*L^-- ^-- I-^-^ +^-l-L* ^--I I +Li-|. ifItCUeSSilly LU llgltt Ius. I tllllll\ sutlrtr ur tlltr lUg UUIItpilIlv IIIEIIIUCfS aftr IICIC iuruBrtl, ii-fru i tIllIlA. iithey would speak up on it, it would be good. But that's my concern, is the fire and the expenseto the ta,xpayers. Thank you.
Martin SmithOkay, thanks Bob.
Colin O'BrennenGood evening. My name is Colin O'Brennen, I'm the Assistant Chief of the Cuddebackville FireDepartment. I just have a couple of concerns I'd like to address. The building itself, I waslistening, it has a sprinkler system in the building. I was told that it's going to have a 20,000gallon storage tank on the premises, with a pump attached. So, in the event of a fire, it'llautomatically activate. And it will have a run time of one hour. My question is, in the event offailure, the pump itself; I would request that we have access to that sprinkler systenl some way,somehow, we attach the hose to our engine. So, we can then charge and pressurue that system.Things break. machine's break. if the pump fails, then what. If there are people in the building,you know smoke and stuff...smoke is still created. We've got to be able to charge that system andtry to fight the fire, control the fue. That's my one concern. And the stand pipe connection for thefire truck. And as far as the sprinkler system itself. I mean, as the fire department, we areobligated to respond to any emergency within our district. [n the event of fire, I'm not sure if it'sIaw, but we should ciefinitely responci to any fire within our district, correct. So, I waswondering, if the building would be wired for an automatic alarm system. I mean I heard thatthere's going to be alarms, but it's not going to be a monitored alarnr, autornatic alarm systerl likeADT or something like that. So, in the event of an alarm, they'll be notified, but what aboutemergency services getting thc jump, so we can then start rolling. I mean again, we're obligateci,we're obligatcd to respond. To protect a lot of property.
Jane LordYou have a large percentage of your volunteers who work 9 to 5 though.
Colin O'BrennenThat's correct.
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PUBLIC TIEAR.ING . DRAGON SPRINGS BT]DDI.IIST' INC.
Jane LordI think higher than any other district in Deerpark
Colin O'BremenI don't knor.v about that. I just know that during w'eekdays" Monday through Friday, r,ve have a
difficult time getting manpower. getting trucks out the door. Due to the tact that w'e all work.
So, you know. Yes. during the day we have very limited manpower. We'd be lucky if we could
get fbur guys, five people tops, and get an engine out the door. ...and that should come behind it.
So. yes, we defuritely call mutnal aid during the day. Httguenot, everybody we could muster. The
other question I have is, the cmergency exits on the building. I'm just curious. we'd have to at
least look at the building, and decide a little fi.rrther. I mean, I don't consider myself an engineer.
My expertise is not in building construction or fire engineering. I'm a layman. Just how manytl .. tt- -,-- ---- .--i-- r^ L^ 'I-L^ ^-.L L^-^-^-+ L^l^.,, T L-;-fl'.I^^L-.I of tkp -lo- o-.1emcrgglluy gxlts tllglc i:llg guulB tL, utr. r rlE sllr.J-u45(irtr(irrr uul(Jvv, r urrwrrJ rvvNwu QL rlrv t/r!ur, ur.v
I don't really see any entrance from the external side of the building, to get into the sub-basement.
And there are dressing rooms, bathrooms, I think the sprinklcr pump system is down there, and
other various roorns. But again, the only way in there is fi'om the upstairs down, and then in. So,
in the fire. The only way into that area, if the sprinicler system doesn't contain, how do we then
get in. I guess we'l1have to stretch a bunch of hose lines, and go down into the building and
attack it, li'om within. And that's kind of dangerous, stairwells and the heat rising and a thousan<i
other things,...so emergency exits, if possible, on the sub-basement. The only problem I've got is
that it's a multi-purpose, so during a production, how many people are going to be in there at any
one time, any given time, how numy potential people will there be in that building?
Martin SmithI just said that, it's set by the Town Planning Board
Colin O'BrennenAnd what's the number?
Martin Smith
Jane LordIs that 200 with audience, or 200 including the people on the stage, or...
David Dean200 totai. On site
Jane Lord200 altogether. On the whole 10 acres.200 max.
Clolin O'BrennenOkay. The w-hole thing is the height ofthe building, 68'. lncredibly. we have one engine, one
tanker, and we have one 24' extension ladder on the engine. and one 24'extension ladder on the
pump. on the tanker" excuse me. We have the capability of reaching to the roof of a two story
200
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DEERPARK ZONING BOARD OF APPEALS - MARCH 15, 2OO7 - PAGE # 18
PUBLIC HEARIN(] . DRAGON SPRINGS BTTDDIIIST, INC.
building only, tw'o story. And the purpose of your ladder is to get on the roof and provide
ventilation, vertical ventilation, to allow hot air and gases and fue, out. so that r,ve can safely enter
the buil<ling from the ground tloor and attack the fue. 68', I mean I know it's not occupied, bttt
still, gases, hot air an{ fire will arccLLmula'rte up in that space. And fire fighting requires yott to cut
a holi in the highest point of any structure to allow that hot air and gas to escape. So, then we
can safely enter, because that gas starts to drain out, drain out, it has to go somewhere. And the
best wayto do that is to lay vertical. So, how are we going to get on the roof? A lot of people
thing we can call,...we can call Port Jervis as mutual aid. we get a ladder up there. Our problem
is, yes we call them, if they're available. If they're not available. then what.
Jane LordPlus, if your do call, by the time you call, you're talking about at least 1/2 hour. 45 minutes, just byel-- f--r r1.^r -.^.. L^-,^ +^ ,,^+ +L--o[llg lalgt tll.lt ]Ul.l lt(rvl LU B!L rrrwrr..'.
Colin O'BrennenThat was my next comment. For them to be fully functional and operational with flowing water,
would probably take minimurrl 45 minutes. 45 minimum. By the time they get up there,
hopefully there's a spot for them to gct there. You know, by the timc we get therc, we'rc going
to have already our engine, a tanker, hopefully, Huguenots', Otisville'. We're going to have a lot
of apparatus already on the scene. In setting up and stuffand fighting the fire. It's best to have a
ladder in there, as quick as you can possibly get it there, and set up, if necessary. So. that's
another one of my problerns.
Jane LordI-Iow much does a hook and ladder truck cost?
Colin O'BrennenI don't have that number right now
Jane LordI think if Dragon Springs bought a used one, and had it available somewhere, would that...could
that be something you could use. Or do you have to be specially trained on these, or what?
Colin O'BrennenIf we had a hook ancl laddcr, lve would nced training yes. And we provide otlr olvn training, but
I don't have an answer as how much. Again. we're researching this, this is new to us also- We're
going to irave a workshop soon, I thhk the fire commission sit doll'n and have a'workshop and
discuss all of this. ever).thing. And come up witl-r our solution. 'Ihe other thing. I had the tower,
the 131'torver. It's unoccupiecl, I'mtold. It has a spiral staircase to the top. But it will be
occupied on occasion tbr maintenance. And again. at 131', that's roughly 13 stories. And our
capability, again, is two stories.
Jane LordYou should've been here r,vhen we were discussing it. They came and said no sweat.
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DEERPARK ZONING BOARD OF APPEALS - MARCH 15, 2OO7 - PAGE # 19
PUBLTC HEARING - DRAGON SPRTNGS BUDDHIST,INC.
Colin O'BrennenI don't kaorv who that was.
Martin SmithWell, that issue isn't before this Board. So. it's an irrelevant comment
Colin O'BrennenNo problem, I'll withdraw tirat comment then. I mean, again, we are obligated to protect life and
property, regardless of public or private, resident or non-resident, we're required to protect all.
And our current, we're reviewing our current capabilities of fighting fire at Dragon Springs. Imean we're kind of out of our realm slightly, I think. So, that's all I have to say. I'm ColinO'Brennen, Assistant Chief of the Cuddebackville Fire Department, and I thank you for your time.
Martin SmithThank you.
David DeanGood evening, my name is David Dean, I'm from Sparrowbush, I'm here as a private citizen. Ihave a couple of questions. One, is the occupmcy, I think that's been pretty much covered. I've
heard counsel and the architect for the applicant both make the comment that...excuse me
George....I've heard the comment made that the building was not generally visible to the public. Iheard that comment from both the counsel and the architect. I wondered if you could ask themwhat that means. Not generally visible. Does that mean you're going to be able see it, or you're
never going to be able to see it. I mean, I really don't understand what that means. And, youknow, what the fire chief says here, that really needs to be studied. I'm certainly not going to get
up here like some people and suggest to you, what you should do. But that raises sorne concerns
for me as a taxpayer, about the liability associated with fire protection here. Affecting the people
who obviously are going to need it. I appreciate it. Thank you.
Martin SmithOkay, thank you. I could probably shed some light on the....you obviously can't see the buildingunless you go through the gate and drive up the driveway. That would be one way to see it. The
other way to see it, and it's very visible. is if you walk down the Shawangunk Traii, which prettymuch parallels the old Erie mainline, and then the Traii will cut, it crosses the powerline. it'll cutup to the top of the ridge. And as you climb up to the top of the ridge and follow the
Shawangunk Trail you can look right down on Dragons Springs. But it takes just about an hourto get trom (Route) 21 I to that point where you can get a real good view. And it's a real
beautiful view up there. And I can tell you that because I'm involved in another organization thatrnonitors the properties along that Trail.
David DeanThat's the only visibility then?
Ivlartin SmithAll that I know of, I just thought I'd share that with vou- because I am familiar with the area- and I
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DEERPARK ZONING BOARD OF APPEALS - MARCH 15, 2007 - PAGE # 20
PUBLIC HEARING - DRAGON SPRINGS BUDDHIST,INC.
have been up there. Allright. anybody else? I know we have one more.
Elizabeth J. BoucherI'm Elizabeth J. Boucher. spellecl B-O-t-l-C-H-E-R, and I live belor.v Dragons Springs, and they
are my fi,iends. Now, I'll tell you why. I live offof Galley Hill Road. A little road called Benton
Drive. I've been here 16, going on 17 years. We cleared the hrst property. and then we built the
house beyond that. And then my husband got emphysema. and this Town came down the hill ofGatley Hill Roacl ancl plowed the snow so high one year, that had we needed an ambulance to take
my husband out, which he has had once, thank God he survived it. But had it happened during
that blizzard, wc didn't have anyway out for 5 days. My son, who came from Rockland (County),
worked tbr the highway, told me, "Mother, there's no way, they can't come down Galley HillRoad and plow the snow away from your road into the river, so that you can get out." I came to
tiris meeting at tiris Town tsoard nreetiitg arrd expiaineri tirat to theni. Well, I want to tell you.
since the Dragons Springs people are living there, they have come to our rescue. And they won't
take anything from us. When we had the flood, they were there. And there's another neighbor,
Larry Johnson, who came to our rescue. They came, the Dragon Springs, with a wheelbarrow,
with pots to pump our basement out. I want to tell you, I don't care who they are. They have a
most beautiful place. And if this comes to fruition, I would love to be in that place, and see the
beautiful performance. I grew up in Glenwood Land in Long Island, and there was a principle
who decided to get a new school. Ancl he built a beautiful school that was so symmetrical, it's still
there as an addition it was. I'm 74 years year old, and that is marvelous. And he built this at that
time, amazing for a brown school to build an auditorium with a stage and everything in it. And
we actually had one of our students, ahead of me, many years ahead of me, who became Gordon
McCrae's wife in Hollywood. And it was because of the foresight of that principal. I would love
to see that theatrical come to pass. Because I've been up there quite a few times. Everything up
there is beautiful and symmetrical, and I'm sure they would not want to endanger their own people
and the industriousness of their building. They take a symmetrical look at everything. They are
not against us, not against us at all. They are good neighbors, and they are good to this
commgnity. And we should try to support them, if we have ideas to help them along, be good
neighbors, do so. But I do think, after coming many times to all of these different meetings about
the fire and everything, I kind of wonder if there isn't a bit of bias. I am Scotch derivative, and
French on my husbands' side. I proud...I go to Otisville Presbyterian Church. We put up a new
building, an educational building, went through all kincis of things, we're very proud of that
building. We see that building supporting a lot of things, for the Town and the torms around.
This is what communities are for. And I'm sure that they rvill help us in everything that they want
to do as a commtrnity. Now, there is...on our little Benton Drive, we have a neighbor w'ho still
has taken apart a fishing shed that is maybe twice as old as i am, and i even cailed Vioia(Sinsabaugh) at her home, because I was concerned about it. I will not go and confront these
people, because they took a chain saw to the people who owned that fishing shed. Now, I live in
a private thing, and there's nobody around during the w-inter. I am very glael to have Dragon
Springs as my neighbor and Larry Johnson as my neighbor. Because they do care about two littleindividuals that live on Benton Drive, thank you.
Martin SmithOkay, thank you. Are there any other comments? Do you want to wrap up?
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DEERPARK ZONING BOARD OF APPEALS . MARCH 15, 2OO7 ' PAGE # 2I
PUBLICHEARING-DRAGONSPRIF{GSBUDDIIIST,INC.
Anthony Gioffie r
A "o.rpi.
of little quick closing comments, if I may. We'd like to thank you fbr youl comments' I
think one of the polnt, that Mrs. Boucher made, is very relevant. l'm sure' Aller this presentation'
the question is back and forth, Dragon Springs is not going to construct anything that is going to
be harm to its' own residents o. *y of iti' guests. And clearly, Dragon Springs will work with
Town staff, the Town Engineer, any of the fue departrnents to malie the design and final structure
work. so that it,s the safest structure possible. With respect to some of the cornments by Assistant
Fire Chief O'Brennen, Dragon Springs has no objection whatsoever, to giving the Fire
Department any access to ihe 20,000 gallon tank. Having the building wired for automatic alarrn"
ani ce*ainly co-ordinate to have any appropriate emergency exits in the basement level'
rrlJAIIC LUI'U
fto* *" they going to get the fire people on to the top of the thing without a hook and ladder?
Anthony Gioftef* *"i"g to get therc. Let me just...those arc the comments, I want to turn it over to...we'11
address it.
Chun Feng
The smoke part. Actually, over the stage it is required to have a smoke purge' A smoke purge is
a devise thai, in case of a tire, it'lI automatic open. And all of the smoke will be purged very
quickly. you know, I think that they realize that situation, with a stage like that.
Mafiin SmithAnd this is something that is in the design of the building?
Chun Feng
Yes, Iike isaid. Wc just proposed it now, and the engineer part, I was aware of the smoke pllrge'
The engineer who is"designing that, he actually reminded us that we have to have that. So, the
fue department has no ,."d to go up to the roof. You know, we have the yard hydrants all
*orrrd the building, I think there are two or three. So, they can fight the fire, hook the hose and
spray watcr outsicie. So, then the smoke purge 'will take all cf the smoke very q'-riekly otrt'
Martin SmithOia yo" get an estimate of approximately how much of this building is actually combustible?
Chun Feng
Actually it is entirely non-combustible.
Jane Lord'lhere's going to be scenery, costumes and that kind'
going to be things that are in the building.
Chun Feng
it's not going to be the building itself, it's
011 68
DEERPARK ZONING BOARD OF APPEALS - MARCH 15, 2OO7 - PAGE # 22
PUBLIC HEARING . DRAGON SPRINGS BUDDHIST, INC.
Yes, the things like the curtains, you know, even curtains you are required to have fue proof.
Jane LordFire retardant.
Chun FengYes, fire retardant curtains, you know. So, in that way it is 100% non-combustible, structure
wise. And Tony had mentioned about the hre members exit from the basement. There are a few
ways of doing this. We can provide exits directly frorn the basement out. We also can provide a
fire proof staircase. It's like a staircase that you would enclose fire radiant wall, and then you go
up the staircase and you go out. That way the fire department can go in, go down the staircase
without touching the fire. But that's another way of doing this. And then the stem pipe provides, ,t . -t- --, ---- ^L--^^ aL^ ^--i-I-l^- llt-^ rtr ^+r^ ,,,L^t ".- ".^.'1,{ .l^ Q^ .r,alra
tne ffg Oepaftmgnt. SO tnal tlle.V Uilll Ul&UBY trltr )Plul[\lsl u\er trr(rLr vYrror vvv vvvuru uv' uv, ttvrv
compliant. The fourth thing is that...you mentioned about the dispatcher with the fire department-
in case oi fire. So, i think that for all of the questions that he raised, I think 'il/e can solve. It's not
a problem.
Anthony GiofffreI have no further comments, and I'd like to thank you for your time. I respectfuily request that
we will address all of the questions, and it's appropriate to close the public hearing. And I would
ask that the concerns with respect to addressing the concerns raised by Fire Chief O'Brennen, and
make an appropriate condition and approval that we will be working with a satisfactory resolution
of those issues. Thank you.
Martin SmithOkay, want to close it?
Karl BrabenecI'll move to close the public hearing.
Jane LordSecond.
Martin SmithAll in tbvor?
Karl BrabenecAye-
Gerald CedroneAve.
Vlartin SmithAve.
011 69
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N o+ +
I +
TBWN OF DEEtrIT'AFI}<OHANG]E Cr3UNTY
NEW YOFIT<
ZONING BOARD OF APPEALSI)ralt,cr.4.
Hrrgucnot, NY i27+6
April?7,2007
Mr. Bob EmersonDeerpark Building Inspector420 Route 209Huguenot, N.Y. 12746
Rc: Jason & Donna Brown - ZBA Variance - S-B-L: 2l - 2 - ll
Dear Mr. Emerson
The ZBA has reviewed the Jason & Donna Brown Variance application, and the
applicants have rnade their presentation, and the Board has conducted a public hearing, but
there is some confusion as to the nature of the rationale for a variance being required.
This ZBA members respectfully requests that you either advise this Board in writing, as
to why you referred the Browns to the ZBA, or appear at our next ZBA meeting, which will
be held on the 4th Thursday in May, that is May 24,2007 at 7:30 p.m. at Deerpark Town Hall
to make the Board aware of yotr intentions.
Thank you for your time
Sincerely Yours,
,,)/t.j,h,, I ,i,,rL/ l', . /Martin n. smitn. ii. / .'i
cc: Mr. Glen A. Plotsky. Town AttorneyFile Copy
Chairman
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