1988-10-25AGENDA
OCTOBER 25,1988
'
PLEASE BE ADVISED THAT THE FOLLOWING IS THE
AGENDA FOR THE ZONING BOARD OF APPEALS OF THE TOWN
OF THE TOWN OF WAPPINGER TO BE HELD ON OCTOBER 25, 1988
AT -THE TOWN HALL, 20 MIDDLEBUSH ROAD, WAPPINGERS FALLS,
NEW YORK PROPTLY AT 7:00 P.M.
OLD BUSINESS:
APPEAL # 1040 AT THE REQUEST OF JOSEPH FIORINI SEEKING A
VARIANCE.DF ARTICLE IV SECTION 421 OF THE TOWN OF WAP-
PINGER ZONING ORDINANCE WHERE TWENTY (20) FEET IS
REQUIRED A 5.6 FOOT VARIANCE TO ERECT AN ATTACHED GARAGE
ON PROPERTY LOCATED AT 25 PINE HILL DRIVE AND BEING
PARCEL #6356-01-092900.
APPEAL # 1012 AT THE REQUEST OF E. PRIMROSE SEEKING A
VARIANCE OF ARTICLE IV SECTION 421 OF THE TOWN OF WAPP-
INGER ZONING ORDINANCE TO ALLOW 90" REAR YARD VARIANCE
WHERE TWENTY-FIVE (25) FEET IS REQUIRED IN A CONSERVATION
SUBDIVISION ON PROPERTY LOCATED AT 5 HAMLET COURT AND
BEING PARCEL
`
IPdG BOARD OF APPEAL'S
OBER 25, 1988
MINUTES
TOWN HALL
20 MIDDLEBUSH ROAD
WAPPINGER FALLS, NY
The regular meeting of the Town of Wappinger Zoning Board was held on
Tuesday, October 25, 1989, at the Town Hall, 20 Middlebush Road, Wap --
pi nger Fal 1 s , NY 12590.
ROLL CALL:
MEMBERS PRESENT:
Mr. Alan Lehigh
Mr. Mike Hi rkal a
Mrs. Alberta Row
Mr. James Tompkins �
MEMBERS ABSENT:
•9r. James Brooker (Chairman)
OTHERS PRESENT:
Lia Scianna, Secretary
Herbert Levenson, Zoning Administrator,
meeting was called to order at 7:00 p.m.
APPEAL #1040 AT THE REQUEST OF JOSEPH FIORINI SEEKING A VARIANCE OF
ARTICLE IV SECTION 421 IN THE TOWN OF WAPPINGER ZONING ORDINANCE WHERE
A. 20 FT. IS REQUIRED OF 5.6 FOOT VARIANCE FOR AN ATTACHED GARAGE ON PROP-
ERTY LOCATED AT 25 PINE HILL DRIVE AND BEING PARCEL #6356-01-092900.
Mr. Tompkins asked if the applicant_ was present.
Mr. Levenson: Asked the Chairman to call all the other cases, and then
proceed with Mr. Fiorini.
Mr. Tompkins: Stated that the board would leave this item for the end.
APPEAL. #1012 AT THE REQUEST OF EGUENE PRIMROSE SEEKING A VARIANCE OF
ARTICLE IV SECTION 421IN THE TOWN OF WAPPINGER ZONING ORDINANCE TO ALLOW
9 FEET 5 INCHES REAR YARD VARIANCE OVER 25 FT. IS REQUIRED AND LOCATED
ON 5 HAMLET COURT,
Mr. Levenson: Mr. Chairman, I believe the Zoning Board of Appeals mads
an outside inspection, and also that the site inspection included Mr.
Brooker, Mr. Lehigh, Mrs. Roe, and Mr. Hirkala, some measurements were
made, and I believe the Board has to make a decision novo.
Mr.. Lehigh: I'm trying to remember the dimensions.
AiR". Levenson: 9 112 for rare yard variances.
-2 --
Mr.._
Mr•. Hirkala: tie's got 25 feet 7 inches.
Mr. Levenson: He's a little less than that.
Mr. Hirkala: He'_ asking for 4 feet off the rear of the building,
closest to the rear yard slide, and we came to a conclusion that 8 ft.
would be adequate.
Vr•, Primrose: That's correct.
Mr. Hirkala: To serve the needs of the applicant. Review of the fact
that there is an emphasis on granting minimum variance required, .:and
also because of the nature of the location of the building the lot 1 i ne
in that area, I would make a motion to grant a variance allowing an 8
ft. projection of the building rear yard of the var•iance.
Mr. Levenson: The deck can not be no wider than 8 ft. from th,
building.
Mr., Lehighi I think that's were we came to the conclusion that 8 by 18
was standard.
Mr. Levesnon: You measured around the corner.
Mr. Lehigh seconded the motion.
`dote: All ayes
The motion carried.
Mr. Hirkala made a motion for a Negative Declaration.
Mr. Lehigh seconded the motion.
Vote: All ayes.
The motion carried.
APPEAL # 1042 A.T. THE REQUEST OF _JOHN W. SEEGER SEEKING A VARIANCE CSF
ARTICLE L,E IV SECTION 421 IN THE TOWN OF THE WAPPINGER ZONING ORDINANCE
ALLOWING A VARIANCE NORTH AND WEST COVERAGE AND A 10 FT. VARIANQ`
ON SOUTHWEST CORNER ON PROPERTY LOCATED ON 13 WILDWOOD DRIVL, PARCEL
5152-02-918713.
Mr. Levenson: This is a continuation of a public: hearing that was held
on August 23, 1988, when the board received information, from Mr.
Seeger.
Mr. Levenson: The record indicates that Mr. Seeger presents to the -
board _i photo's,tat:ic copy of the survey by Ric'h'ard Barger, on property,
,:and the floor plan of the home.
J
I think the board was looking for, more i nfor,mati on % i th 'r'egar,ds to
tq y mr eger, needs this variance. The fi r,st two dr,awi nq
the .surveyor• i s what the bui .t di ng i s today, and the second i M what th s
,:ippl i cant -s warts to do.
Mr,. Hirkala: If ' recall, we asked you some questions, and we
r•equeste;d further, i nfor,mati on as to the r,equi r•ements of the st•ate..
status al lowing u:s t:o gi ve variances which would be in the ,ar, wa of
what kind of hard: Ili p you have, now I haven't heard of any
Mr� . Seeger, : thiel 1 , two of things that came out al so request were to show
the •floor, plan oper,ati on, what exists today, ,arid what I propose to do
oii th the. additions. The reasons I'm looking tor, the iadditictis is that.
1 + di v i,c:ed , and I had custody of ,try four, chi 1 dr•en, and t1".en 1 r•>~
rear iecl and another, child, so we actually have seven all together,.
have si x p e op 1 e i v i ng i n a three: bed r•oorr, home. my of dest son i 4 or"
h i s o��,in . T-hr•ee of the chi 1 dr•en ar,e out of high school , one chi 1 d sti 1 i
10 ye.a W ald .;haring bedroom aiitll the 1 year Diel. I h.av all
,;11 i oi',`s on looking tor' ,=lnotlleY' house, puttti Pig tl",i s house on the rnar,ket
-.,nd tt-i ng t1.1 i ncr, awe space for, stor,a'� l i vi n'g, the marl<._;t bW l n.;
%,/h, --it i t; is and sales not going to well I want to put 'that out of my
m ii and for, the addition being the best al ternat- ve, fi nar,c i al l y as
oe1 1 as feasible. Why I' m 1 ooki ng for• the Via r, i,arice i n the area on they
of the house, is because of the ori gi nal d'wsi'_ n cf the hoP..—
We have a hall way that runs from left to right, too ,=add an addition
on to conn -c:t nto that, you would gleed to continue that hall way.
If I were to add on to the back of the house they would have to f�-4o
though ;a bedroom or, a bathroom to get to that new .addition t h'Ich woulc]
d c eas' the value of the house, were ,adding on 'to the side corgi nui ng
t h e hail w•_:,y down would i ncr•ease the val ue of the house, if I eves dw
cider' to sell ,
HI,. L Lhi gh : On the last page the dr•awi ng you would extend th<? h --al 1wa y
L� y eritov-i ng part of the bedroom.
Mi,, e �9r,. ye:.
M• Lehigh. If you put it back in the house you just tal<.e part of tl",
11,laster, bedr•oom.
rig`. s. i_!e-
-4,er— Ves, but: I think extending the hall is a better, idea than
m,,=:iki n';�r,an L i n the hal 1 , and goi ng back throughthat makes the, front
'::edr•oorn number, two the: same size as number, one.
i4 . Lehigh. Ir, your, affidavit here that the property would continu-
a
ontinu-a :s 1 il.-ql e f ami 1 y r,esi d> nt . In thi s case Your, compl y? r•,g two farrll l i s
I r'to one the ncr ease it) square footage 1 i vi ng ansa woul d be i n I , ne
with the other, homes in the ,area. I don't r,eal l y have any kno:hil ecigc.
wl" ii }tile^i"` hc)me - in the area the square foota'--_4e they Fir'e, as oppose. of
th,e square footage of your, house. My objection to what you pr°opose to
do i yc•ui• iri,-A i ng a two fami 1 y houses.: i Pl a si n9l e f am -1 1 y r•esi denti al
a r,e,a
Mr' . e e g -C I, : Why two families?
>-!r, . Lehi g : Because your, combining two families to one.
Hr', Seeger': It is one family.
Mr,. Lehigh: Alright, but still your, two families pr,oviding forone
but its sti l It a lar,ge amount of people 'to put,: in a si ngl re fami l y
house.
M[,. Seeger,: But: when I was married, to my previous wife, with foray'
chi 1 dr'en and two -, adults there was six people ,also, that wa's a orae
fami 1 y, now I have six people.
ti r', L e,l1 h Do you have any knowledge what th av,.�r'a9e limit S ace
in the houses at Wi l dwood ar'e?
Mr'. Seeger,: i. k. now that tiler,~ iw only one or' two of-hrr' house
Iqj til my W t'yl e , ti -le split l eve I . Next to me on one side i s a r'a nch
and then u -p the road we have :another' split level , but the ma j car' i ty
ar,e r'a sed r'anche:3. Which I don't know the actual dimensions of
them. They appear, to be much bigger-, because they have 'the a.dditional
;p,are. They have a ful 1 l wvel , pl us a lower' l ev:�l ,
H1 r'kal a : H,_ -:vv you been pr1or, to ,any other, r'egul r'errre nts for,
r,
a n 'y v, i r' i ,a t"i c e;
Pfir S,eeger'. I r'ecei've(! a document that says for, justification that.:
i � 1r ,at, I u.,. -,ed 'to H ght my or'i gi nal document with.
11 i, Hi r,kaI Fi r's,t , Use Variance, the Applicant which is und�_r'l i ned
muni..: :lemons-tr,at;, that the ,appl i cati on of the 2on1 ng Or'di nance to hi s
:ar•,,)p; t'r, c; uses significant economic injury. That' first and for,ernost
i
r, my rr i i n I r'r,:v to s e that•. If I don't see that I won't v o t . fot
an dar'i -lnCe. Noel i s ther,E anyway were you could tel l us you wc,uld b,_M
yet' ; n LL:i gili f i cant economic injury from not being ng al l o��red tcl do t his
to your, hour -,e any, prove it.
Ifir'. g;jer': ()4, her, than forcing me to look at another, I.our:....
Mr,, H i r•k, i a : °lou can go through the back.
imr• . H1 r'l:al a. See, there ate al of of ways you can do this, other, I'A",an
Wh.r,t VOU pr'oposr-�. Now what I'm r'eadi ng any, what your, t> i l i ny m:
I�> ! W•arlt:to yin it this way because that's the way you want to do it.
Tompk i r, s, ',Vh,at I s the di mensi on on your, r'evi si on there F
Mr ;r lx24
�1r', �_eh i g1-,, ^•n(_1 },nou have how many feet to the side.......
Mr. "eeqer•. 33 in the front, and 33 in the back.
Mr. Lehigh: So Your going to have 7 feet in the back corner.
Does that sound reasonable to your neighbor?
Mr. Seeger: My neighbor on that side has no objection.
Mr. Lehigh: If you lived there would you like to be I feet away
from the next yard..
Mr. ._eeger• • Wel 1 , actually I'd like a house that would be more than
20. 11d l i k:- to have a half acre.
Mr. Lehigh: It also says in the State Law that if you normally buy
house knowing the conditions that it is in and then ask for .-a vari
ante then 1t is not grounds for an variance. You Caused your own hard-
ship when you brought the house. What we try to do here is grant you .a
variance for what we feel is the right conditions. Grounds for hard-
ship we do not really want to rewrite the Town of Wappi neer Zoning
Ordinance. I had a problem with this the first time and I still
have a problem. What you create there for yourself is going to be
there 20, 30 years after your gone, and I hate to change the character
of an old nei'ghborhood.
Mrs. ._Heger•: How can you say that's a two family house, two family
houses has .a upstairs, ,and downstairs two separate families living
than _ .
Mr. Hirkala: The problem I have, I see nothing that you came to us
with 'ghat comes under the law we can grant you a variance, and if there
was :some question .as to 'gettin'g by the first condition then maybe:
sweeping by the next two or three, but there is nothing here.
1 e_e ,are the things we have to consider by law, and that's why
your` giving this. 1'f you Col!1d prove to me it there is significant
economic; injury, I would still suggest a minimum variance. I would sa/
�:+fren you 'get it back to 12 or 14 feet instead of 24 feet. If we just
grant you a variance, ancw, thCan were changing the whole Zoning Law's.
Mr. Lehigh: Can you come close to justifying a hardship on the master
bedroom is 24x'lB wide. My wing room isn't even that big. If you
went for half of that then maybe we would vote on that. I just cannot
.she your hardship. Your not showing what your needs are. We cant just
c h ,Ma rr'q e t h c. law.
Mr. Tompkins: Do you have anything else too .add.
Mr.
Seeger:
No
Mr".
Lehigh:
P'I,=de a
motion for a Negative Declaration.
Mr.
H i rk =al ;_r:
., ecanded
the Motion.
M
Vote: A]] ayes
The motion carried.
The board voted against %he Variance.
Hr, Hirkala - nay
@R. Lehigh -nay
Mrs. Roe -nay
Hr. Tompkins -nay
APPEAL # 1040
Mr. Hirkala made a motion t0 deny the variance based on the fact
to dismiss on Prejudice
The board Voted unanimously
%r. Hirkala -aye
Kr. Lehigh -aye .
§rs. Roe- aye .
Rr. Tompkins - aye
Hr. Tompkins made a motion to adjourn the meeting.
Hrs. Roe seconded the motion
Vote: #]] ayes
The motion carried.
Re\pec\ful y submitted,
e \ ^ 2� �
Lla J. o nna
Zoning B and Secretary