2013-11-26Town of Wappinger
Zoning Board of Appeals
Town of Wappinger
Zoning Board of Appeals
November 26, 2013
Summarized Minutes
Members:
Mr. Prager
Mr. Della Corte
Mr. Casella
Mr. Johnston
Mr. Galotti
Others Present.•
MINUTES
November 26, 2013 Minutes
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member-Absent
Member
Member
Member
Mrs. Barbara Roberti Zoning Administrator
Ms. Michelle Gale Acting -Secretary
Mr. Horan Attorney
SUMMARY
Prestige Mini
Ray Alexander & Melandie Williamson
James Geraghty
Aaron Kellner & Krystal Campbell
Granted
Variance Granted
No Show
Public Hearing January 14th
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Town of Wappinger
Zoning Board of Appeals November 26, 2013 Minutes
Mr. Prager: I would like to call the Town of Wappinger Zoning Board of Appeals
to order. Roll call please.
Ms. Gale: Howard Prager-----Here
Tom Della Corte- --Absent
AI Casella-----------Here
Bob Johnston-------Here
Peter Galotti--------Here
Mr. Prager: Can I have a motion to accept the minutes from October 8, 2013,
October 22, 2013 and November 12, 2013?
Mr. Casella: I make a motion to accept the minutes from October 8, 2013,
October 22, 2013 and November 12, 2013.
Mr. Galotti: Second.
Mr. Prager: All in favor?
Board: Aye.
Mr. Prager: The next item on the agenda is a Public Hearing:
Appeal No. 13-7511
Ray Alexander & Melandie Williamson-Is seeking an area variance of Section 240-
37 of Zoning Regulations in a R40/80 Zoning District.
-Where in no case shall accessory structures be uermitted in the front vard, the
applicant has an existing I/G 15' X 24' cool in their front yard.
-Where in no case shall accessory structures be permitted in the front vard, the
applicant has a hot tub in their front yard.
-Where in no case shall accessory structures be permitted in the front vard, the
applicant has a pavilion for wood storage in their front yard.
The property is located at 68 Diddell Road and is identified by Tax Grid No. 6359-
03-383254 in the Town of Wappinger.
Mr. Prager: Are all the mailings in order?
Ms. Gale: Yes.
Mr. Prager: Do I have a motion to open the Public Hearing?
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Town of Wappinger
Zoning Board of Appeals November 26, 2013 Minutes
Mr. Galotti: I make a motion to open the Public Hearing.
Mr. Johnston:
Mr. Prager:
Second.
All in favor?
Board : Aye.
Mr. Alexander: My name is Ray Alexander & Melandie Alexander. The way the
house if facing I didn't realise that it was the front of my house. I
didn't know I needed a permit for the wood boiler and I didn't
know it was the front of my house. So I am asking for a variance
for that.
Mr. Prager: When was the house built?
Mr. Alexander: About 1974 or 1975.
Mr. Prager: We did have a site inspection. I see how this came about. If the
road was in front of your house, you would be ok. The house is
turned towards Diddell Road and that is the issue. Nobody can see
the house because it is way up and you have a long driveway. Does
anyone have any other questions?
Mr. Galotti: I went up this morning I hope I didn't disturb anyone.
Mr. Prager: Is there anyone in the audience for or against this variance?
Mr. Prager: Hearing none, can I have a motion to close the Public Hearing?
Mr. Casella: I make a motion to close the Public Hearing.
Mr. Johnston: Second.
Mr. Prager: Can I have a motion to grant or deny the variance?
Mr. Casella: I make a motion to grant the variance.
Mr. Johnston:
Mr. Prager:
Mrs. Gale:
Second.
Roll call vote.
AI Casella
Yes
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Town of Wappinger
Zoning Board of Appeals
Peter Galotti Yes
Bob Johnston Yes
Howard Prager Yes
Mr. Prager: The next item on the agenda is:
Appeal No. 13-7509
November 26, 2013 Minutes
lames Geragh_,.,yt -Is seeking an area variance of Section 240-37 of Zoning Regulations
in an R-15 Zoning District.
-Where 12 feet to the side yard property line is required, the applicant can only
provide 9 feet, thus requesting a 3 foot variance for an existing 12' X 20' deck (with
no stairs).
- The property is located at 14 Ardmore Drive and is identified by Tax Grid No.
6257-03-268482 in the Town of Wappinger.
Mrs. Roberti: He is not here.
Mr. Prager: The next item on the agenda is:
Appeal No. 13-7504
Aaron Kellner & KrYstal Campbell - Is seeking an area variance of Section 240-
20(A) of the Town of Wappinger Zoning Regulation and 280-a
of Town Law in an R-20 Zoning District.
-The applicant (Kellner) proposes to access his lot over an easement which has been
created over the 1.48 acre Campbell lot, two other lots on Easter Road would also gain
access over the Campbell property with the granting of this variance. The properties
are located at 76 & 80 Easter Road (Kellner) 54 & 62 Easter Road & 14 Circle
Drive (Campbell) and are identified by Tax Grid Nos. 6056-01-294696/326668
(Kellner) & 6056-01-259729/276713/259750 (Campbell) in the Town of
Wappinger.
Mr. Prager: This is a discussion that was started last month.
Mr. Adams: Mr. Chairman, we adjourned this discussion to further explore one
issue and that is the additional connection between Circle Drive and
Easter Road. I want to submit as part of the record filed map
numbered 5780. There are 2 thing, this is a subdivision map that
was approved by your Planning Board (Pointing to the map) here
you have a connection between Circle Drive and the lots in
question. If you look at the bottom of the map, there is a reference
to Circle Drive continuing down to Easter Road. It our belief that
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Town of Wappinger
Zoning Board of Appeals
November 26, 2013 Minutes
this map collaborates. I gave the board at the last meeting the
deed for Leggiero. That deed includes a right away going from
Circle going down to Easter. I have spoken to Mr. Horan about
this and trying to explore the history of this. I don't think we have
come up with a satisfactory reason. We have documentation
stating our belief.
Mr. Horan: Jon has presented to me a number of deeds. We have gone
through the records of the town and the assessor to determine how
some of these parcels were created. (Pointing to the map) with
respect to the Leggiero parcel, here this is shown as a road on this
map. Right now on the tax map that is being shown as Leggiero. I
don't know who owns this piece here.
Mr. Prager: Please state your name.
Mr. Kellner: My name is Aaron Kellner. (Pointing to the map) this is Circle Drive
here and this is the road in question.
Mr. Prager: (Pointing to the map) do you know who owns this?
Mr. Kellner: (Pointing to the map) I believe was part of this whole chunk here.
Mr. Prager: Who owns that?
Mr. Kellner: Look at the deeds. I believe this was all one parcel at one time
and then it was sold to Hernandez.
Mr. Prager: Ok, that doesn't matter.
Mr. Kellner: Back in the '60, Martinet plowed the road through.
Mr. Horan: In going through the assessor's record, we had notations on the
property cards but we did not have the deeds themselves. (Pointing
to the map) the deed for this piece was from, as Mr. Kellner said,
was Carmen Martinet and Albert Martinet. We had originally
thought this was a road that went at a tax sale and it appears that
was not the case. The question becomes what kind of rights, if any,
would the people on Easter Road have to cross that. That is one of
the issues in dispute.
Mr. Adams: I think the doctrine speaks for its self. The doctrine does not limit
or qualify who could use it. We suggested to the board that we are
not looking to take advantage of that and further add activity on
Town of Wappinger
Zoning Board of Appeals
November 26, 2013 Minutes
the Leggerio lot. There is a pattern here that people on Easter
Road use the access to Circle Drive to get to River Road. We are
following the same pattern. What is interesting from a historical
stand point, you recall the sub division map I gave you, that was
owned by Gavin. (Pointing to the map) Gavin actually owned all
that land. In 1941 Gavin, sold all the land on this side to Scolfield.
Scolfield developed all this properly back in the '40's and they
didn't file maps back then. It is reasonable to think that the
common ownership of Scolfield and the owner across the road that
there was an intent to have some kind of interior connection.
Mr. Horan: I have found a map from 1949, which shows this was in Scolfield's
name. (Pointing to the map) it is not a sub division map; it is just a
map of lands conveyed. It is not known if Scolfield is the grantor or
grantee. It is just a map of that properly which is ultimately this
sub division. Scolfield conveyed the property to Kessler at some
later date. (Pointing to the map) we are intending to create a
water district here, with this in mind the right away on Circle Drive,
I cannot find a map that lays that out. There are photos that
show Circle Drive did exist before 1955 and portions of it may
have existed as far back as 1936. What I see as an issue is the
911 addressing for the parcels on Easter Road. They are not
getting emergency access from Easter Road. Private driveways
have to have their own street names. I don't know how that will be
treated. The application is to service four lots.
Mr. Adams: I would ask the board to set a Public Hearing. There is some
urgency in this matter because my client has a limited window to
collect his insurance.
Mr. Horan: Reviews aerial photo of Easter Road, Circle Drive, and Lake Drive.
Mr. Kellner: When the Chelsea Ridge Apartments went in, all their water from
their streets came down and washed out that bridge. (Pointing to
the map)
Mr. Horan: Is there a clearing in the back portion of the Campbell lot?
(Reviewing pictures)
Mrs. Campbell: I'm Krystal Campbell and we have owned the property since 1991.
(Mrs. Campbell reviews pictures and map with Mr. Horan)
I do know that Leggerio, Hernandez and Satirize use this right
away.
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Town of Wappinger
Zoning Board of Appeals
Mrs. Roberti: Now.
November 26, 2013 Minutes
Mr. Horan: I don't see a problem setting a Public Hearing.
Mrs. Roberti: The available dates are January 14"' and 28tH
Mr. Prager: Since there is no one available to do the paper work for the Public
Hearing, we will set it for January 14"'.
Mrs. Kellner: Our objective is to get a building permit. We have been trying for
9 years. If this building permit is contingent on getting a Public
Hearing, there is absolutely no way we can get a foundation in and
get the second installment of the insurance money. We
have spent $30,000 to date. Our position has always been that
Leggerio easement has always been in place and the initial issue is
that we do not have legal or EMS access to our property so
therefore we were not allowed a building permit. We have been
grandfathered, Easter Road has been grandfathered and the fire
trucks, in 2004, came over Leggerio's property. If we are going to
get our building permit, which is now going on ten years, you
have to understand what we have gone through these ten years.
We lived in that house with the intension of fixing it up and renting
it. We have lost rental income. We have incurred attorney bills.
My entire marriage has revolved around that house burning down.
We have been struggling and you don't even know the amount of
stress that we have been under. If we have to wait until January,
to be honest with you, all of our endeavors have been futile. We
need to get the foundation in the ground. Then we have to get a
contractor. If we could get the foundation in before the frost, then
we could get it framed. By postponing this is basically cutting our
throats, financially and mentally. That Leggerio right away, we
have had legal access and we have had EMS access. If you have a
cell phone and you go on GPS, I would like to see if it comes up? I
believe this was an oversight by the town; the Leggerio right away
access was not properly handled. It should have been put on the
map so all these EMS guys know where they have to go.
Mr. Horan: What is being brought up now should be brought up in a Public
Hearing. I understand your situation but the problem we are
running into now is the paper work cannot get done. You did come
in late in the year.
Mrs. Kellner: It is not late in the year, it is ten years late.
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Town of Wappinger
Zoning Board of Appeals November 26, 2013 Minutes
Mr. Prager: If we can't get the paperwork done, we can't get it done.
Mrs. Kellner: What we are asking for is a building permit.
Mr. Horan: This deals with section 280-A of the town law. Under this law, the
town is not allowed to issue a building permit for property that is
not on a public road or a private road shown on a filed map that
needs to be suitably improved. The access over the Leggerio lot is
not a public road. It is not on a filed map and the issue with Easter
Road and this has been on the table before, Easter Road was
improved for its length. The town would be in the position to issue
a building permit because that was the access to Easter Road; to
switch access is uncommon and I have never seen it before in a
situation like this. The other issue is the certain improvements need
to be made on Easter Road from this house down through the
driveway on the Campbell property. One of the standards the board
has to look at is there an alternative available. The alternative here
is to repair the culvert on Easter Road. One of the things that
need to be put into evidence is what the costs are.
Mrs. Campbell: My husband and I asked the excavator that we have used in the
past to give us a quote. To demolish and build a bridge of
$95,000 and that is not including other improvements. It is all rock
and he would have to bring in special equipment. We don't have
$95,000.
Mr. Prager: That is something that should come out at the Public Hearing.
Mrs. Kellner: I would like to comment on the improvements to Easter Road. As
far as we understand we have made the improvements that have
been requested of us by the building department. Which is grading
the road where the hill is on the road? The fact that you are
claiming that according to the law; Leggerio's right away is not on
that map but it is on the tax map. In terms of improvements on
Easter Road, with Leggerio's right away up toward the east end of
the road, we have satisfied all the demand from the building
department. What you said is not accurate. You realize that by that
road not being on the county map, but it is on the tax map, it has
been used for umpteen year and has been grandfathered. Because
of the town's oversight to put it on the county map, we are being
jeopardized for it. All the other people that live on Easter Road,
from top to bottom, for the last 80 years has had the liberty to
legally buy and sell their property and enjoy the pleasure of their
home but we who has suffered a terrible tragedy are being held to
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