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Zoning board approves Schmidt variances for 138 Clinton Avenue addition

Orangetown Zoning Board of Appeals · June 24, 2026
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Summary

The Orangetown Zoning Board of Appeals approved variances allowing a 12×16 two‑story addition and an 8×8 deck at 138 Clinton Avenue, citing the existing nonconforming setbacks and submitted photographs; agency referrals and health department review were noted in the record.

Zoning board approves Schmidt variances for 138 Clinton Avenue addition

The Orangetown Zoning Board of Appeals voted to approve application ZBA 26‑21, allowing Patrick and Valerie Schmidt to add a 12‑by‑16 two‑story addition and an 8‑by‑8 deck to a single‑family home at 138 Clinton Avenue in the RG4 district.

Staff presented the application and read submitted agency comments, including a Rockland County Planning referral under New York’s General Municipal Law Article 12‑B and a Rockland County Department of Health review for stormwater/mosquito code. A DOT email in the record said the project posed minimal impact to state highway facilities. The application seeks area variances: a minimum side yard of 2.9 feet where 10 feet is required and a total side yard of 16.3 feet where 20 feet is required.

At the hearing the applicant’s representative said the proposed addition continues an existing wall and does not extend beyond the current encroachment, described a change from a shed roof to a hip roof, and committed photographs and plans to the record. Board members questioned bulk‑table wording and building‑height references; staff confirmed the application requires two area variances and reminded the applicant to submit required mosquito/stormwater documentation to the health department.

A board member moved for approval, citing the submitted photos and that the addition would not harm neighborhood aesthetics. The transcript records 'Aye' votes in favor. The motion and vote as recorded in the transcript did not include a full roll‑call tally or a recorded second in the transcript text.

The board formally adopted a staff legal opinion finding the three applications heard that evening exempt from environmental review under the State Environmental Quality Review Act. The Schmidt approval was recorded after that adoption. The board’s order and minutes should be consulted for the final written findings and any conditions tied to health‑department or building‑department submissions.