1989-03-28m
ZONING BOARD OF APPEAL
HARCH 28,9 198(9'
A X41 END/%
BULL ALL.:
M1NU7E;S :
PUBLIC HEARINGS:
m
TOWN HALL
20 MIDDLEUB H ROAD
WAPPINGER FALLS, NV
1. APPEAL #1054, A T THE REQUEST OF JOHN AND CAMILLEFIRN
SEEKING
A SPECIAL USE PERMIT OF ARTICLE IV SECTION 445.1 OF OF
WAPPINGER ZONING ORDINANCE TO PERMIT- AN ACCESSORY APARTMENT (MOTHER
DAUGHTER) ON PROPERTY LOCATED ON 11 LARISSA LANE, AND BEING PARCEL
1635e-03-235470, IN THE TOWN OF WAPPINGER.
2. APPEAL #1055 AT THE REQUEST OF KENNITH M. SEEKING A VARIANCE
OF ARTICLE IV SECTION 421 OF THE TOWN OF WAPPINGER ZONING ORDINANCE
FCR A, DECK TO BE ERECTED WHERE 35 FEET IS THE REQUIRED FRONTAGE AND
THE APPLICANT IS REQUESTING AN 8 FOOT VARIANCE ON PROPERTY LOCATED ON
f SKVTOP DRIVE AND BEING PARCEL #605S-01-253850, IN THE TOWN OF
APPEAL 41056 AT THE REQUEST OF DANIEL P. SEE RING A
VARIANCE OF ARTICLE IV SECTION 421 OF THE TOWN OF WAPPINGER ZONING
ORDINANCE SPECIFICALLY SECTION 412 REQUIRED STREET FRONTAGE ANF!
A VARIANCE UNDER 280A OF THE TOWN LAW, ON JOHNSTON PLACE NOT
A TOWN ROAD, AND E',E:TNG PARCEL #0250-01--457075, IN THE TowN on WAPPING R
4. APPEAL 41057 AT THE REQUEST OF ROBERT AND SHARO SEEKING
A VARIANCE Ok ARTICLE IV SECTION 421 OF THE TOWN � ' ZUNTNG
ORD.LNANC.E.. 1O ALLOW AN ATTACHED GARAGE THE:. REQUIRED SIDELINE 13 tri FFEF
i
AND THE APPLICANT `% REQUESTING A 14 FOOT VARIANCE ON PROPERTY LOCATE)
ON u GCOISE ROAD AND BEING PARCEL #6157-02-950742 IN THE TOWN OF WA _
iNGGR .
b. APPEAL #1058 Al THE REQUEST OF RICHARD J. SEEKING A VARIANCE ,-i I=
ARTI L.E TV SECT1 N 421 oE_ HE. TOWN OF WAPPING- ONING R INAN C~
S RCIF E WALL'( SECTION 412 REQUIRED STREET FRONTAUE AND A VARIANCH l.INDE
80A ,y THE TOWN LAW ON JOHNSTON PLACE, NOT BEING A TOWN ROAD AND ALSQ
x
REMANDING ORDER BY MR.. JUSTICE •JUIDIr E, SUPREME COURT DUTCHESS COUNTY
UA I E"D FEBRUARY 2 6, 1987, AND BEING PARCEL #8256-01-482814 IN THE TOWN
OF WAPPINGER,
6.
APPEAL EAL, ## 1059
AT THE
REQUEST OF
GILDA PRESIDENT, DU 1 HESS.`,
AUTO
EXCHANGE OF
ARTICLE
IV SECTION
45 WHERE ZONING ADMINl'SIPATOI,
HAS
CITED THE APPLICANT
FOR VIOLATION
OF THE STArE:D SECTION 450 AND THE
APPLICANT
CLAIMS
TO BV
A LAWFUL NON
CONFORMING USE ON PROPERTY l.UCATEE�
N
FHE= WESTERLY
SIDE OF
RtOUT"E#J AND
SOUTH OF MIDDLELJ("SH ROAD ANU BFIN�i
PARC
LL 4615 02_.b
)C733
1N THE1 TOWN
OF WAPPINGER.
Im
LM
-2-
�. APPEAL #1060
A[ THE REQUEST
OF JEFFREY J
A T THE
AEr O[
.}EFFREY J. STKANI
Q SEEKIN(.j. A SPECZAL
USE PERM
QATE A
Y CAkE
CEW[ER UNDER ARTZCLE
IV SECTZDM
440 DF THE TOWN OF
WAPPINGER
ZOAIN8
ORDIN�NCE 0N
LOCATED ON
OLD -#O AND
8EZN(i
#
O1��-02-58O777^
CH 23, 1939
BUTES
TC,WN HALL
20 MIDDLEBUSH RC1A0
WAPP. FALLS. NY 12500
The regular meeting of the Town of Wappinger Zoning Eoar•d was held on
Tuesday, March 28, 1989, at the Town Hall, Middlebush Road, Wappinger
Falls, New York, beginning at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT:
James Brooker (Chairman)
Alan Lehigh
Mike Hirkala
Alberta Roe
50'w"a5 ' 16v19v.\w�
OTHERS PRESENT:
Lia J. Scianna Zoning Board Secretary
Herb Levenson, Zoning Administrator
The meeting was called to order at 7:30 p.m.
G1PPa0d[�D
-APR 2 89
ZONING BOARD Of APPLW;_X
PIANNINGSOARD
Mr. Brooker explained how the meeting would be conducted.
1
— UBLIC HEARINGS:
1. APPEAL #1054, AT THE REQUEST OF JOHN AND CAMILLE ROMAN SEEKING A
SPECIAL USE PERMIT OF ARTICLE IV SECTION 445.1 OF THE TOWN OF WAPPINGER
ZONING ORDINANCE TO PERMIT AN ACCESSORY APARTMENT (MOTHER/DAUGHTER) ON
PROPERTY LOCATED ON 11 LARISSA LANE, AND BEING PARCEL #6358-03-235479,
IN THE TOWN OF WAPPINGER.
Mr. r. Mrs. Romano was present.
Ar. Levenson commented that the application has been properly advarti:_ed
in the Southern Dutchess News and the mailing= are in order.
Mr. Brooker: I was just handed a copy of one of'your adjacent property
owners, I would like to read this letter. I would just like to say that
the abutting property owners cannot under the zoning law determine
whether to grant or deny a variance.
Mr. Brooker: We wished to make it known to the Town of Wappinger• Zoning
Board of Appeals that we have found the Romano's to be a very good f=amily
and neighbors for the past fifteen year. There is no malice intended in
this affidavit, however, as purchasers and owners of parcels of land in
a common plat know as Serenity Mission, we find it imperative to make
know our thoughts about the variance issue at hand, in order to protect
-the value and quality o` our, property (9Larissa Lane) and to preserve the
enjovment of our land.
LJ
-2-
n
Wit pore wi 1 1 i rg to agree to the granting of ,a variance to John and Camille
Romano for a "Mother -Daughter" family apartment unit, but only if the
Zoning Board of Appeals imposes upon them the following two conditions
that we feel we, as the landowners to be most .affected by the decision,
have the right to request.
The two conditions are:
1. That John ,and Camille Romano, the owners of 11 Larissa Lane, pay for
and have a surveying conducted of the property line separating nine and
eleven Larissa Lane prior• to any construction, and
2. Further, that prior to any construction to be conducted at 11 Larissa
Lane, that the owners thereof, John and Camille Romano, pay for, and have
erected a _ix feet tall privacy fence running with one foot of their
side of the property line commencing at a point approximately thirty
feet away from the curb of Larissa Lane, running back (north and west)
along the property line for one hundred feet.
The ZBA imposes these conditions and that these conditions be fulfilled
prior to any construction upon the Romano's premises for a multitude of
reasons, mainly for, reduction in noise, maintaining privacy and reduction
of nuisance that such an .apartment might create.
., We also request that the ZBA informs us of their decision on these
iditions and on the variance as soon as they have decided, but in no
-went attar construction has begun. Robert & Jeanette Bugbee
Mr. Levenson commented that this is ,a form of a letter, not an affidavit.
Mr. Brooker read a letter from Dr. Robinson the Romano's sons doctor.
Mr. Brooker: Your son John has been unstable approximately 11 months
,and he had an accident unable to maintain employment, in addition on your,
house would make it easier, for your- son John.
Mr. Hirkala: The plot plan provided shows a 24ft addition by 24
How far, off is the house going to be? Is that going to be 12 foot
off the 50 foot, plus on the property line, is that the finish addition,
or to the house line? For the record the request of that letter has
nothing to do with the variance, it doesn't have to do with any side-
lines, cr setbacks, it or, setbacks, it has to do only with the .accessory
apartment.
Mr. Lehigh: Can I ask you a question about your son?
Mr. Romano: Yes.
Mr. Lehigh: what is the prognosis for this illness.
0
_4_
MHirkala made a motion to grant a variance based on the fact that
the applicant has shown a hardship, in addition that the premises be
inspected yearly by the Zoning Administrator.
Mr. Tompkins seconded the motion.
Vote: All ayes.
The motion carried.
n
2. APPEAL #1055 AT THE REQUEST OF KENNITH M. SUMNER SEEKING A VARIANCE
OF ARTICLE IV SECTION 421 OF THE TOWN OF WAPPINGER ZONING ORDINANCE FOR
A DECK TO BE ERECTED WHERE 35 FEET IS THE REQUIRED FRONTAGE AND THE
APPLICANT IS REQUESTING AN 8 FOOT VARIANCE ON PROPERTY LOCATED ON 6
SKYTOP DRIVE AND BEING PARCEL #6056-01-253850, IN THE TOWN OF WAPPINGER.
Mr. Sumner was present.
Mr. Lehigh: I don't see a roof or anything else here, I'm interested
in the drawing. Is this concrete or macadam walk? Were interested in
what your building it out of.
Mr. Hirkala: This plan that we have is that the concrete entree.
Sumner: I submitted it all, a copy of the rough sketch, this is in
�10'3
front, and this is what I want to propose. (Looking at the sketch).
Mr. Tompkins: You have a concrete slab there already ,and what you are
asking to do is too put some posts up and gap it.
Mr. Sumner: No, I want to take that off, and put a wood deck in there.
Mr. Hirkala: You want an covered entree way.
Mr. Lehigh: Are you going to screen it in and so forth?
Mr. Sumner: No, its going to be left open. '
Mr. Sumner: It's going to be a wood deck four posts.
Mr. Hirkala: How far out is that concrete entree way?
Mr. Sumner: 8 ft. 5
Mr. Tompkins: Is that the extent of the variance your asking for?
Mr. Sumner: Well, I'm asking for a 8 ft. variance, but I only want it
to come out 7 feet with the wood deck, with an 8 ft. roof.
M
Mr. Hirkala: You ;rant to come out 3 toot instead of 8 foot 5 .
S. Hirkala: How old is the house.
Mr,. Sumner: 35 years old.
Mr. Lehigh: Your, going to square this porch off right.
Mr. Sumner: Yes, I'm going to square it off, the concrete is now
deteriorating.
Mr. Lehigh: So, where it say macadan walk, is that going to remain a
concrete walk or is that going to go.
Mr. Sumner: The macadan walk will stay with the concrete walk also.
Mr. Tomkins made a motion to close the public hearing.
Air. Lehigh seconded the motion.
Vote. All ayes.
The motion carried.
Mr. Hirkala made a motion that the variance be granted under the condi-
tion that the porch will never be closed in only screen in.
. Lehigh seconded the motion.
Vote: All ayes.
The motion carried.
3. APPEAL #1056 AT THE REQUEST OF DANIEL P. SOPCHAK SEEKING A VARIANCE
OF ARTICLE IV SECTION 421 OF THE TOWN OF WAPPINGER ZONING ORDINANCE
SPECIFICALLY SECTION 412 REQJIRED STREET FRONTAGE AND A VARIANCE UNDER
280A OF THE TOWN LAW, ON JOHNSON PLACE NOT BEING A TOWN ROAD, AND BEING
PARCEL #6157-02-950742 IN THE TOWN OF WAPPINGER.
Mr. & Mrs. Sopchak present.
Mr. Lehigh: How many houses are on Johnson Place?
Mr. Sopchak: There are four plus one vacant lot, five all together.
Mr. Lehigh: You got a driveway on Johnson Place?
Mr. Sopchak: Yes
Mr. Lehigh: Is your, road frontage on Johnson Place?
Mr. Sopchak: Yes .
Lehigh:
narrow.
-6 -
First of ,all the way it is laid out right now its very
F]
Mr. Levenson: The read has to be brought up to Town Road specs, before
any building permits are issued.
Hr. Lehigh: You presently have four houses on Johnson place, and you
want to put ,another one in, that will make five, I believe we have
.another application here for two lots which will then make seven houses
on that road, that is not a town road, it does not mean its standard.
Who maintains this road?
Mr. Sopchak: The people do.
Mr. Lehigh: Why don't you consider repairing this road to Town Specs,
and giving it to the Town, so it will become a Town Road, then you will
have no more maintenance on that road, .and you wouldn't have any more
problems..
Mr. Sopchak: I agree with what you are saying.
Mr. Lehigh: If your talking about a driveway each individual lot is
supposed to have their own driveway by the time you put four or five
driveways in there the price of the road will be steeper.
ter. Hirkala: That's why he is here, he wants use of the private road
or one common driveway.
Mr. Lehigh: You are supposed to have a driveway for, each lot. Now if
your going to call it a road you have to bring it up to Town specifica-
tions.
Mr. sopchak: There are homes now in the same situation as I' am, they
would have to come for permission.
Mr. Lehigh: If they come before us asking permission we would tell
them the same thing. We are trying to be fair, we are not picking on
you as a landowner.
Mr. Sopchak: They got permission years ago with this situation.
Mr. Lehigh: Years ago, prior to the Town it has change, we have a
new zoning law, the law states that you must bring your roads up to
standard, or have a driveway if you don't, you would have to put in four,
driveways.
Mr. sopchak: What do you mean by putting in driveways?
Mr. Lehigh: Driveways that go from the road to the individual house, it
does not go to a group of houses. Johnson Lane is not an acceptive road.
mr. sopchak: Are you saying another, access r'oa(J through cedar Hill Road?
F Lehigh: That's right, that's why we are saying that a Town Road
w d be much cheaper.
Fir. Sopchak: There's a driveway there now.
Mr. Lehigh: That's all right, but it doesn't mean that its going to
hold up oil trucks, fire trucks, what you are asking us to do, is to
make the town pay for your road, and since you are the one really making
a profit off of it, I don't feel like we can ask the Town for that.
Mr. Levenson: Were is the driveway?
Mr. Lehigh: The driveway is here. (Pointing to the map)
Mr. Levenson:
Mr. Lehigh:
Why can't you put a driveway there.
He wants to develop another lot.
Mr. Levenson: Put a driveway here (Pointing to the map) so he can get on
Cedar Hill Road).
Mr. Levenson: If you listen to the board they will tell you that this
road has.to be brought up by Town Specifications which will accommodate
a 60 ton fire truck, and allow a police car to get in the entrance with
no difficulty.
Tompkins: You have an alternative here, you can put your driveway
to.your house and deed 50 feet back to this house, then you would have
both frontages on Cedar Hill Road, and then you won't need this board
for anything.
Mr. Sopchak: What do you mean by set backs?
Mr. Hirkala: Johnson Place is a right of way, if he deeds on either,
side of the house he would have to get a variance.
Mr. Brooker: We are going to put the stipulation on this.
Mr. Sopchak: If I'm asking for a subdivision, if the property owner
on the side of me wants to subdivide this land, would he have to go
before the board?
Mr. Levenson: Subdivisions go to the Planning Board.
Fir. Hi rkal a : Don't stir him wrong, if he's still asking for a permis-
sion to subdivide on a private road, he still has to come before us.
Mr. Brooker: Is Brannan Place a Town Road?
Mr. Lehigh: It's a Town Road.
-a-
''
Mr, Brooker:
Is there were anybody in the audience that wished
to Speak for or against the applicant?
n
Mr. o'Reily: could you _how us the property on Johnson Lane please,
I'm the third house on the left. I really just want to go over things
that were mention tonight at the meeting. Johnson Lane is all blacktop
the right-of-way goes down, it has wide narrow shoulder, steep sides,
poor disability. We don't foal that it would be safe. Currently there
are five driveways coming out of that road. We have children on the
road, it's hard for, us
to get in and out. Also, when a person comes down
the road we have a backup.
Mr. Hirkala: Who is this LIS?
Mr. o'Riley: I'm talking about the landowners, if I miss anything they
will be up here. We have been through this once before several years
ago. We feel that nothing has been done. The families have paid $1,000
for repairing this road. We maintained the bulk of the road.
Mr. Sopchak: They maintained the property down below my property. .The
reason why they maintained that part is because they have to get down to
it, which is in -front of the house.
,..or. o'Riley:
r. Sopchak:
Which is a big deal.
It's not a big deal.
Mr. o'Riley: It's the part shown on the subdivision, the general stan-
dards of the Zoning Law, any variance granted must be protected by the
value of the house.
P1r Sopchak: you can't make •a statement like that your going to go on
your own expense.
Mr, C,'Riley: I also feel that no hardship is proven, under, the Zoning
ordinance, the applicant would have to have some kind of hardship. The
applicant must demonstrate a hardship. We think -these are the main
concerns, we feel that if the variance is granted, the road should be
brought up to Town specifications.
Mr. Brooker: The policy of the board is if we do grant a variance, a
road would be brought up to Town Specifications.
Mer. le conte butettompthe��maintenanceeofithe road? nDo you docitdyoure
people con.
self? Cao you volunteer for the maintenance?
Mr. o'Rilev: We do it ourselves. We built the shoulders, we paid
for the blacktopped, we pay for the towing.
mr. Fern•andez
-g-
Fall helped to maintain the road, I got the first variance nine
ars ago, the Town made it clear that it was my responsibility that
the road be kept up. I think its one of the nicer roads in the Town,
we would love to see three more houses on the road, providing that it
is brought up to Town Specifications.
Mr. Hirkala: Were do you live, on the end? You have the 4.32 acres?
Mr. Fernandez: That's right.
Mr. Fernandez: The point that I would like to get at is, we do not
oppose the building of houses on Johnson Lane providing it would be
brought up by Town Specifications.
Mrs. Roe: Do you mean that you think they should bring the entire
road up, or the road they are planning to build on.
Mr. Fernandez: At least the section road they are building on, and its
$15,000 to fix the Town Road, were concern with the value of the land and
houses. We don't want such a hardship that our houses will be only
$50,000.
Mr. Fernandez: I think that Sopchak and Fay could work together, and
bring the road up to Town Specifications.
-Mr. Lehigh: I'm concerned with bringing the road up to Town Specifica-
ions. There wouldn't be any problems no matter how its done.
Mr. Fernandez: I agree with you.
Mr. Lehigh: You shouldn't have been granted a variance in the first
place. A town road should of went in, and then there would be no prob-
lems. we got to consider both of these variances.
I
Mr. Hoff: I understand they want to build and that's there option, but
then again as far as the road goes, I don't want anybody to have bad
feelings, but I think that the road should be made a little wider, we
already did our share on the road, and the folks that want to build on
it, I think should bring the road to Town Specifications. As it is now
it's very, very, tight and at times I have to back out, and I also find
tire tracks on my lawn.
Mr. Hirkala: I listened on the discussion with the subdivision and I
voted no on that subdivision back then, only because it's my belief
that the town hasn't and shouldn't develop town roads. If were not
careful are can set the present on allowing subdivisions on private roads
that have been land locked on pieces of properties and were going to be
stuck in the middle, and somebody is going to come to us and say we have
to grant them the right to use there property. So the Town is going to
come up with some way to fix the problem. I think a way to fix the
problem is to make pure it doesn't happen to begin with.
Mi
,Ihis man is allowed to subdivide his property, and if Fay is allowed
tubdivide his property then the gentlemen at the end of the lane is
allowed to subdivide his property. Were looking at a k-40 zone were
looking at a lot more than seven houses on the roads, were looking at
twice or more. If Mr. Sopchak is granted the variance, how can we not
grant the same to somebody else without approving the roads, so what's
going to happen to everybody else on that road? The applicant has the
right to a subdivision without any conditions. What kind of problem
would we create then. The fact_ is that we have to be careful in pro-
tecting the town, not just this one particular application. I don't see
any.har•dship that exists with this application. We have no business in
granting variances to profit on, that's not what we are here for.
Mr. Hirkala made a motion to close the public hearing..
Mr. Tompkins seconded the motion.
Vote: All ayes.
The motion carried.
Mr. Hirkala: I got a problem granting the variance with the condition
of upgrading the road to town specifications without going beyond the
Short Environmental Assessment Form.
Tompkins: But were not granting anything.
Mr. Tompkins: you got three developers there,
Mr. Hirkala: They have more than that.
Mr. Tompkins: There looking for, a variance, .all we can do is just turn
them down.....
Mr. Hirkala: We can turn them down, and grant a variance with a condi-
tion.
Mr. Brooker: It creates a big problem if there -a fire how are you going
to put the rigs in there. They should have a cul-de-sac at the
to
turn it around.
Mr. Hirkala: We granted those requests with the conditions that the
they upgrade the driveway under Town specification, he's got a legal
lot there, the question is whether, he can subdivide the lot there.
Mr. Tompkins made a motion to deny the appeal.
Dir. Hirkala: Seconded the motion.
Vote: All aye_.
the motion carried.
- 1 1 -
PEAL # 1058 AT THE REQUEST OF RICHARD J. FAY SEEKING A VARIANCE OF
RTICLE IV SECTION 421 OF THE TOWN OF WAPPINGER ZONING ORDINANCE
SPECIFICALLY SECTION 412 REQUIRED STREET FRONTAGE AND A VARIANCE
UNDER 280A OF THE TOWN LAW ON JOHNSON PLACE, NOT BEING A TOWN ROAD
AND ALSO A REMANDING ORDER BY MR. JUSTICE JUIDICE, SUPREME COURT
DUTCHESS COUNTY DATED FEBRUARY 26, 1987, AND BEING PARCEL #6256-01-
482814, IN THE TOWN OF WAPPINGER.
Mr. Fay was present:
I feel that the other people on this road has subdivided their property,
I don't understand why it's a problem.
ik1r. . Hirkala: I think this is irrelevant.
Mr. Brooker: I think we acted on this one before.
Mr. Levenson: The original application was a three lot subdivision,
this is a two lots subdivision. It was on contempt, it was not a
judicial review of any actions.
Mr. Hirkala: Why was the action brought up.
Mr. Wood: Because of improper notice.
„r~. Hirkala: There was a variance granted on the three lots, and it
was taken to court and the decision was evolved.
Mr. Tompkins: You don't have anything right now, you are going to
start all over again.
i,•ir•. Wood: Thea decision of the court was to start all over because there
was a defect in the numbers.
Mr. Fay: my mother turned the property over to me.
Mr. Hirkala: There was never a decision made.
mr. . Hirkala: You just said your mother, turned i t' over to You. Your
mother is the one that received the variance.
Mr. Fay: That was before the lawsuit went into effect.
Mr. Hirkala: It can't be because the lawsuit had to go in effect thirty
days, within thirty day from the time she got the decision she went
through the whole process on turning the property over to you, that
lawsuit had to be filed within thirty days.
Mr. Levenson: In back of your application under Area Variances it
statss the determination of practical difficulty is a three-step
rocess.
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First, the applicant must demonstrate that the application of the
Zoning ordinance to his propose causes significant economic injury.
2. -Once the applicant has demonstrated economic injury, then the
municipality must show that the regulation is question is reasonably
related to a legitimate exercise of the police owner.
3. Last, assuming the municipality has met its burden of proof, the
applicant must demonstrate that the restrictions, as strictly applied
in his case are unrelated to the public health, safety or welfare of the
community and that granting the variance will not adversely affect the
community.
In making a determination of practical difficulty, the appeals board may
consider:
1. How substantial the variation is in relation to the requirement:
2. The potential effect of increased density on available municipal,
county and state facilities and services:
3. Whether the variances will cause a substantial change in the
character of the neighborhood:
4. Whether the difficulty can feasibly be mitigated by some other
method: or,
5. Whether, the interests of justice will be served in granting the var-
iance.
The appeals board should grant the minimum relief necessary to allow
reasonable use of the land in question. Not every applicant for an area
variance is automatically entitled to receive relief. Each applicant
should be carefully considered against the requirement for, proof of
practical difficulty.
Mr. Tompkins: Do you have a house presently on Johnson Place.
Mr. Fay: No
Mr. Tompkins: Both of the pieces of property is vacant.
Mr. Fay: Yes, proposed two lot subdivision
Mrs. Roe: The end of that is still your mothers property.
Mr. Tompkins: This is irrelevant to this case.
Mr. Hirkala: He's telling me he has a hardship based on when he got
the property, and didn't know the lawsuit was pending, I find it hard
to believe.
Mr. Tompkins: Do you have anything else to prove a hardship.
Mr. Fay: I have a deed.
-12 -
Mr. Lehigh: The judge just told you that you are starting all over•
.again, that has no affect on our, decision right here.
Mr. Tompkins: I'm sure you heard everything that went on at the Sop-
chak's case.
Mr, . Brooker: Are we going to discuss the same as before.
Mr. Bergman: We feel basically the same about this, as for, as the
hardship is concern, I do not feel like the applicant has one, I think
that the board should consider• the Environmental Impact Statement.
Mr. Levenson: The applicant thus for, did not prove anything, if the ZBA
grants him a variance he h•as to go to the Planning Board, the Planning
Board process requires the SEAR process before they will allow the
subdivision to be heard. So if the public is protected in regards to
the SEAR and I think Mr. Fay the document sheet that was given to......
to go on with what the board has to say.
Mr. Bergman: Also, we have to be concerned with Section 107 in the
Zoning Ordinance that states; To protect and conserve the value of land
and building and the .social and economic stability of all parts of the
town. That's all I got to say.
Mr. Brooker, asked if anybody wished to comment, there was nobody.
Mr. Tompkins made a motion to close the public,hearing.
Mrs. Roe: Seconded the motion.
Mr. Tompkins made a motion to deny the appeal requested.
Mr. Lehigh seconded the motion.
'dote: All ayes.
The motion carried.
Mr. Tompkins: I think you should all together• and however• you do it,
get your road up to Town Standards, and it could then be deeded to the
Town because its going to eventually effect everyone of you. Five,
Ten years from know you may want to subdivide your property, and were
not against the law, but we can't do it on a private road, we got to
protect the Town.
APPEAL #1057 AT THE REQUEST OF ROBERT AND SHARON POLIDORE, SEEKING A
VARIANCE OF ARTICLE IV SECTION 421 OF THE TOWN OF WAPPINGER ZONING
ORDINANCE TO ALLOW AN ATTACHED GARAGE THE REQUIRED SIDELINE IS 20
FEET AND THE APPLICANT IS REQUESTING A 14 FOOT VARIANCE ON PROPERTY
LOCATED ON 6 SCOTSE ROAD AND BEING PARCEL #6157-02-950742, IN THE
TOWN C,F WAPPINGER.
r
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Mrs.
14Mrs. Polidore was present.
Mr• . Brooker: This is a 14 ft. raised ranch.
Mr, . Polidore: yes.
Mr*. Brooker: It h•as a garage on it now.
Mr. Tompkins: We would like to ask you a couple of questions. It says
you need to extend your• house because of the expectant of your, baby, do
you have any other• children.
Mr. Polidore: yes, two children.
Mr. Tompkins: How may rooms are in your house.
Mr, . Polidore: There are three.
Mr. Brooker:
Mr. Polidore:
Mr. Brooker:
r1r, . Polidore:
Mr. Polidore:
Mr,. Hirkala:
Mr. Polidore:
Mr,. Hirkala:
How about the downstairs.
We have a two car~ garage.
Downstairs?
We plan to expand the playroom or an additional room.
My older son will be moved downstairs.
How may rooms do you have upstairs.
Three
The garage and the room is going to be attached.
Mr. Polidore. yes.
Mr. Brooker: That's •a big variance.
Mr. Polidore: If I put it behind the house, ecogomical1y it's going
to be a lot more, I even looked in to moving, but I can't afford it.
If I go back in the house, I'm going to go in the middle of my yard,
I +.wou.ld have to add A 20 foot driveway, and move the shrubbery.
Mr. Lehigh: Let me say this, if we deny the variance would you move
back of the house.
Mr. Tompkins: Were is your• deck located on this map. (Looked on map)
Mr. Polidore: I would have to move the stairs of the deck down, past
',where the garage comes in.
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Mr. Tompkins: What you are asking is to come within 6 feet of your,
neighbors property with the attached garage.
Mr. Polidore: Yes.
Mr. Tompkins: I want to hear, what the neighbors have to say.
Mr. Felipe: I'm concerned with the amount of space that is going to
be affected, the appearance on whether, it's going to affect by shrubbery
on my side. I don't know the height of this, in the future, they might
build on top of this ,and make it a complete addition.
Mr. Hirkala: You would be directly impacted by the 6 ft.
Mr. Felipe: Yes.
Mr. Hirkala: I'm just reviewing the hardship, a hardship is not because
your wife is going to have a baby. The family two houses down could be
increasing in size. I have not seen anything that would constitute under
the law for, granting this variance. Also you the options of being
granted a minimum variance but doing it in a different way. You have
an option of going in the back without a variance. We can grant
minimum variance if its necessary or, no variance if there is another
kbo�way of doing it.
Mr. Polidore: Yes, but the other, way is more money.
Mr. Hirkala: That's not the case, if that was the case you would have
to come to us and prove it to show you could not afford it.
Mr. Polidore: I know this is a hardship because its dollars and cents.
Mr. Hirkala: But that's not consider under the law is concern.
Mr. Brooker: You have to have pacific hardship and as far as we can
see you have not proved to us that you have a hardship.
Mr. Tompkins: What we try to do is to keep down the Zoning Law in one
piece. That is why there is a 25 ft. on either, property so you have
a 50 ft. away from each other, so you don't have so many problems, and
the house looks nicer too, we don't really want to destroy the Ordinance.
Mr. Lehigh: Your, driveway comes right out and in the building all you
have to do is make a little curve and attached your garage there, then
you wouldn't have a problem. My personal feeling is that I rather see
you take up a little of your yard than be close to your neighbors, and
you would still be within the Zoning Ordinance. Another, alternative
is that you have a ranch house and you can put a dormer, on the top.
4401-1 Mr. Polidore: I was going for, the easiest way.
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lir. Brooker made a motion to close the public hearing
Mr. Hirkala: Seconded the motion.
Vote: All .ayes.
The motion carried.
F]
Mr. Lehigh made a motion to deny the ,appeal based on the fact that the
applicant could not prove a hardship.
APPEAL #1059 AT THE REQUEST OF GILDA GLICKER, PRESIDENT, OF DUTCHESS
AUTO EXCHANGE OF ARTICLE IV SECTION 450 WHERE THE ZONING ADMINISTRATOR
HAS CITED THE APPLICANT FOR VIOLATION OF THE STATED SECTION 450 AND
THE APPLICANT CLAIMS TO BE A LAWFUL NON CONFORMING USE ON PROPERTY
LOCATED ON THE WESTERLY SIDE OF ROUTE #9 AND SOUTH OF MIDDLEBUSH
ROAD AND BEING PARCEL #6157-02-598733, IN THE TOWN OF WAPPINGER.
Mr. Brooker: I understand we have a postpone on this.
Mr. Levenson: The applicant came in this morning, and has agreed to
file a site plan, and asked for, a 60 day extension without prejudice.
Mr. Brooker: I think we should give them 45 days.
Mr. Levenson: 60 days, because he is going on vacation, it's the first
adjournment, and usually you would grant them their, way.
Mr. Tompkins: This thing has been going on since October 1986, after,
reading the comments back and forth between the layers and you, I think
they are just buying time, its been almost three years.
Mr. Levenson: You don't understand what the reason is key on the cal-
Mnder, Mr. Stenger, is going to file the site plan, after, he files the
site plan if he file the site plan within two weeks he can go through
the process of the Planning Board, ,and the board will then refer this
case back to you.
Mr. Hirkala: They would apply for, a Special Use Permit, the adjournment
would be for the express purpose of the site plan being brought before
the Town Board, the reason they aren't here is because they don't have a
site plan.
Mr. Tompkins: I'll go along with the sixty day extension.
Mr. Lehigh: I'll :seconded the motion.
Vote: All ayes.
The motion carried.
Mr. Hirkala: My feeling is, is that we should .adjourned this, and let
them come in with a site plan.
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4M
AP'P'EAL #1060 AT THE REQUEST OF JEFFREY J. STRANG AT THE REQUEST OF
JEFFREY J. STRANG SEEKING A SPECIAL USE PERMIT TO OPERATE A DAY CAFE
CENTER UNDER ARTICLE IV SECTION 440 OF THE TOWN OF WAPPINGER ZONING
ORDINANCE ON PROPERTY LOCATED ON OLD ROUTE #9 AND BEING PARCEL #
6157-02-58077.
Mr. Strang and Susan Dalber.
Mr. Hirkala: This map is a direct result from the site plan review.
Mr. Brooker: Yes.
Mr, Hirkala: Has their, been a public hearing on site plan approval on
this.
Mr. Brooker: Your, offering a nursery school?
Mr. Strang: No, it's something called family day care, operated in a
home.
Mr. Lehigh: That's on Middlebush Road, right?
ir. Strang: No, Old Route 9
Mr. Lehigh: Has anything come back from the Fire Prevention Bureau
Mr. Levenson: The basic result is the use of putting a truck on the
premises.
Mr. Strang: This is an existing acre ...........................
Mr. Tompkins: What is the use of this site?
Mr, . Str,an9 : Family Day Care.
Mr•. Tompkins: How many children will you have.
Ms. Dabler: Lip to twelve.
Mr. Lehigh: This has been up against the Planning Board?
they were recommending the curb as it is.
Mr. Levenson: They were waiting for your, decision.
Mr. Brooker: There's not much traffic down on Old Route #9.
Mr. Hirkala: I'm following the fence. Is there complete enclosure?
Ms. Drabler•: Yes.
Mr. Hirkala: How high is the fence?
Ms. Gabler,: 4 feet.
Mr•. Hi r,kal a: Tr•affi c i s no where near, the chi 1 dr'en?
Hs. Gabler,: No, it's at least a six feet away from the children.
Mr•. Hirkala: The parking lot is ten cars.
Ms. G•ab i er,: Yes.
Mr,. Hir'kala: How does the drop off of the children occur.
hos. Gabler,: The children when they get out of the car, they ar•e escorted
by a parent to the building.
Mr,. Hi r,k,al a: So, when the chi 1 dr•en leave the care the parent is with
them.
M r'. Tompkins: How many employees?
Mr,. Strang: Four, for each building.
Mr'. Lehigh: Your, ten parking places, your- going to give up
�6; out-, parking places.
Mr,. Hirkala: How many children?
Mr,. Strang: About 30 children.
Mr,. Hi r,kala: Your, going to have thi r•ty kids dropped off in this par•ki ng
lot.
Mr'. Levenson: What time ar•e the chi 1 dr'en ar,r•i vi ng and leaving?
Mr,. Strang: It's usually a pretty good swing, we have an opening at 7:00
a.m. my experienced is that from 10:00, and then around 3:00 until 5:00
the parents ar•e picking up the children.
Mr•. Hi r•kala: Your, not talking about thi r,ty car•s� in a short period of
time.
Mr, . Strang: No
Mr,. Br'ooker•: The Fire Prevention Bureau asked for, a fire alarm system.
Mr,. Strang: Absolutely
Mr,. Brooker,: You have to comply with the Gay Care Center, recommendations
from the State.
Mr,. Hir,kala: What is the purpose of all these buildings?
ctrang The purposes sure
garage....
Mr. Hirkala: What is it for?
n
Building A is a garage concrete block
Mr. Strang: For everything, basically aides.
Mr. Hirkala: What we are looking for, is basically is a door within the
enclosure for the children. You got a fence enclosure in with a garage
that's going to be used for, an garage. Within the enclosure three
parking places would be removed in front of that. Is that going to
be used as a storage, i.: there going to be cars in it.
Mr. Strang: It would not be used for, vehicles . ..................
Mr. Lehigh: other, words it's going to be strictly used for, storage.
Mr. Hirkala: The other, two story frame is used for the children indoors.
Mr. Strang: That's correct, building C & D are storage.
Mr. Hirkala: Are the children going to leave building D.
Mr. Strang: No, its going to be for different age groups, two or, three
different age groups will be in building C, and only one age group in
building D.
Mr. Brooker: Your going to come off of old State Road, is that going to
be one way?
Mr. Strang: Were going off of old State Road.
Mr. Strang: The driveway you see there will be removed.
M:_. Dabler: This is an existing driveway as you see it, this is what
we are proposing to use, were proposing to take this portion of the
driveway out.
Mr. Brooker: Were are they going to come in?
Ms. Dabler: There going to come in and park back around and come back
out.
Mr. Hirkala: Will those kids ever go out.
Mr. Strang: You notice the gate where the existing driveway is today,
the gate goers around the building and back.
Mr. Hirkala: Why can't the fence be brought over to building D.
I'll tell you what my concern is, I drove over, I see a group of adults
standing in one area, and a group of children playing in the grass area.
the proposed play area now, and the group of adults were not paying
attention to the kids, and the kids were going all around. Those kids
n
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can come right out on the street. We had applications like this before
and anytime the children are not in the fence ,area you have to have
strict supervision.
Mr. Strang: I know what you are saying.
Mr. Hir•kala: I see all those concrete walls around there, those walks
I assume are for eternal purposes. If you have a gate over• here were
you have an existing concrete .balk there I assume your• not going to
remove the whole Route 9, I would bring the fence over• to D and put
a gate over there, and put a fence between C & D., and then .all activity
within the complex would be.....
Ms. Dabler: Good point.
Mrs. Roe: What would the age groups be in building D
Mr. Strang: We haven't decide yet.
Mrs. Roe: Six and Seven are your• older group.
Mr. Strang: Yes.
Mr. Tompkins: What are your• hours going to be?
Ifte
Mr. Strang: 7:00 until 5:30 P.M.
Mr. Tompkins: No night hours at all.
Mr. Strang: No.
Mr. Hi rkal a : No plans for• expansion?
Mr•. Strang: No concrete plans.
Mr. Hirk,ala: The point I'm bringing up is that you would be locking
yourself in the parking area. If you expand this site at all you would
have to extend at the other• end.
Mr. Strang: The space on the square footage of the premises that were
using presently is 30 feet, it might be a little more.
Mr•. Hirkala: If you wanted to take more children in you would have to
come back in for• a review of the site plan. If anyone of those fences
ever has to be moved, I would come back for site plan review. The
Special Use permit would not be denied, as for as I can see.
Mr. Levenson: What I'm looking for• is writing a letter to the Planning
Board saying upon the review when the site plan is approved subject to
the conditions of the Planning Board that you will issue a Special Use
er,mit.
21
Mr,. Hi r,ka1-a: I mould go along with that subject to that conditions plus
what I discussed here.
Mr,. Tompkins: Your, not living on this pr,oper,ty are you?
Mr,. Strang: At this time ...... .
Mr,. Tompkins: You got to r•un that by me one more time.
Mr,. Strang: I was 1 i vi ng there for• a 1 ength of time.
Mr,. Tompkins: Proposed site plan, do you plan on living there.
Mr,. 13tr,anq: Go I plan to live there no.
Mr. Tompkins: Then achy ar,e you storing a boat in building E.
i%ir•. Strang: Building A actually, I store it there for, the winter,.
Instead of putting it on the lawn.
Mr,. Hir•kala: How ar,e ,you going to do it once the fence is up.
Mr,. Strung: I don't plan on doing i t .
r. Tompkins: Just being curious I think it's best to tr•y to keep your
,W.i to str•i ctl y to the business nature that it is intended for,.
Mr. . Where is the entrance going to be.
Mr*. Strang: The piece of property know as Smith Form right here, it's
right adjacent to that.
Mr, . Al so the number of c,ar•, on that road, i t never, had a 1 of of
car•, on it.
Mr. Str•,ang: I don't thinte. it would be too much of a problem.
Mr. Hirkala: I think what you have to consider is the location in and
out I think it's better on Old Route #9.
Mr. 0r•ooker•: Old State Road is a safer exit.
Mr,. Hir,kala: The only problem I have is the time frame.
Ms. Gabler: That was our- original plan on the exit off of Old State
Road.
Mr-. Hi r,kal a: What's bother•i ng me is the parking spaces. What going to
happen is if you end up with 50% of your children with the parents all
coming at the same starting time and you and up with fifty people there
;in a ten minute time frame, your going to have a traffic jam.
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Mr. Strang: I don't think that would happen.
M
Mr. Hirk•ala made .a motion that the public hearing be adjourned pending
on site plan approval and issue a permit by the board, we can't permit
until we get the site plan conditions by the planning board, and include
the condition_ in out special Use Permit. It we give the permit know we
would have to write everything that was said now. Also I would recommend
that a letter be written to the planning board on granting the special
use permit based on the board's recommendation.
Mr. Lehigh •seconded the motion.
Vote. All ayes.
The motion carried.
Mr. Tompkins made a motion to approve the minutes from the July 26,
August 23, and October 25, 1988 with the corrections.
Mr. Lehigh seconded the motion.
Vote: All ayes.
The motion carried.
ADJOURNMENT:
Mr. Brooker made a motion to adjourn the muting.
Mr. Tompkins seconded the motion.
Vote: All ayes.
The motion carried.
Re,pect -u1 1 y sub i tted, -
1
is J ocianna
Zoning Board Secretary