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1989-04-25ZONING BOARD OF APPEALS APRIL 25, 1989 AGENDA NEW BUSINESS: In TOWN HALL 20 MIDDLEBUSH ROAD WAPP. FALLS. NY 12590 1. Appeal #1061 at the request of Donald seeking a Variance of Article IV Section 421, of the Town of Wappinger, Zoning Ordinance, where 20 foot sides are required and the applicant is requesting a 6" foot variance on property located on 58 Edge Hill Drive and being Parcel #6358-03-056213. ADJOURNED PUBLIC HEARING: 1. APPEAL # 1060 AT THE REQUEST OF� SEEKING A SPECIAL USE PERMIT TO OPERATE HONEYTREE DAY CARE CENTER UNDER ARTICLE IV SECTION 440 OF THE TOWN OF WAPPINGER ZONING ORDINANCE ON PROPERTY LOCATED ON OLD ROUTE #9 AND BEING PARCEL #6157-02-580777 Im J , kw;,FOWN OF WAPPINGER ZONING BOARD APRIL 25, 1969 MINUTES 9 TOWN HALL 20 MIDDLEBUSH ROAD WAPPINGER FALLS, NY The regular meeting of the Town of Wappinger Zoning Board was held on Tuesday, April 26, 1939, at the Town Hall, Middlebush Road, Wappinger Falls, NY beginning at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mr. Brooker (Chairman) Mr. Hirkala Mrs. Roe OTHERS PRESENT: Mr. Lehigh Mr. Tompkins Lia Scianna, Zoning Board Secretary Herbert Levenson, Zoning Administrator, app�0�]C�D 68 'S 7 N(i( ZONING BOARD OF APPEALSS- PLANNING BOARD ❑ The meeting was called to order, at 7:30p.m., Mr. Brooker explained how the meeting would be conducted. 1. APPEAL #1061 AT THE REQUEST OF DONALD WEED, SEEKING A VARIANCE OF ARTICLE IV SECTION 421, OF THE TOWN OF WAPPINGER ZONING ORDINANCE, WHERE 0 FOOT SIDES ARE REQUIRED AND THE APPLICANT IS REQUESTING A 6" FOOT VARIANCE ON PROPERTY LOCATED ON 58 EDGE HILL DRIVE AND BEING PARCEL #6358-03-056213. Mr. Weed was present. Mr. Weed: My name is Donald Weed, and what I like to do is show.... (Pointing to his map) this is the house, the black is the house, 24x42 'foot deck has a slide door and it has a little landing because of the door, in the back, the house was built in the late 60's and that according to the record is approved, even though this is 'a 20 feet to the next property•1ine, and this is 6 foot, the records show that this is approved, and I do have a building permit to rebuild. Mrs. Roe: That was just land. Mr. Weed: Yes, that's all it was, that's what I have approved the building now. Mr. Tompkins: The landing isn't there now. Mr. Weed: The only way I can get out of that door, is with a landing is with a landing, now what I want to do is replacing this deck...... Mr. Brooker: Is that an existing deck now? kbo• M M Mr. Weed: Yes, and this is what I 'd like to do, the blue is why I'am here, I'd like to be able to go out this door and walk around and connect here. it's a relatively low deck, there_ a kichen here, and if I had to put the stair there,I would have to go down the steps, cross the ground, and up on the deck, there would be no openings there. Mr. Levenson: There are no openings to the rear, of the deck? Mr. Weed: There are no openings right now. Mrs. Roe: No alindowns? Mr. Weed: There are windows. Mr. Hirkala: How do you get access to the deck. Mr. Weed: I go down here and up, I made the connection twenty years ago. Mr. Levenson: Wha was the connection, I see the steps in there. Mr. Weed: There was a deck very similiar to this connected twenty years ago, the record show that this was approved however, this is how it was. kior. Levenson: Another, words what you are looking for is a variance of 6 feet of the blue area. Mr. Weed: Yes on the blue area, what I want to do is extend this plat form down so I could get_ the deck back there. Mr. Levenson: The red area is where it says door, that on the original i\ -Ir,. Weed. Ye: it is, this is an original C.0. Mr. Hirkala: There was a C-0. granted on it without a variance. Mrs. Roe: Twenty year ago, propbably. Mr. Lehigh: Your not going to have any access from the house out of the deck. Mr. Weed: I can knock a door, through there....... Mr. Hirkala: What rooms are there. Mr. Weed: There's a kitchen, dining room, living room, and this is a split level so you can go upstairs. .ir. Hirkala: How far off the ground is the landing -and the deck. J tvir. . Weed: This is about 4 feet. Mr. Hirkala: And the deck is the same height. Mr. Weed: Well it slopes down probably 7, 8 feet. Mr,. Levenson: The land goes down. Mr. Hirkala: The dining room is in the back. Mr. Weed: Yea it is. Mr, . Hirkala: And there 1-s no sliding doors in the dining room. Mr. Weed: No sir. Mr. Hirkala: Do you ever, plan a slideing door in the dining room. Mr. Weed: I'd like too. Mr. Hirkala: 6o what will happen is you have a sliding door in the dining room and...... `r. Weed: This is a very small room and its not a passage way, I have o bring hot food from the kitchen through the dining room. Mr. Tompkins: Wouldn't it seem better, than walking outside in the rain. Mr. Weed: Well, the deck isnt covered. mr. Lehigh: Than you wouldnt be going out there at all? Mr. Weed: Not in the rain. Mr. Lehigh: You don't have any plans to cover. Mr. Weed: No, not at this time, I might put an umbrella through a small awning. Its not instructed. I dont plan to cover, it at all. Mr. Levenson: Well, I would recommend that if the variance is granted that there would be no cover allowed, under, the consent of the board. Mr. Hirkala: Is 6 foot the minimimum you could make it. Could you get away with 4 feet. Mr. Weed: I could, I just though 6 feet was reasonable, that's what was approved here so I said why not just extend it back, could I yes I can, but I think it would be a much better deck. `r. Lehigh: The reason you got your, six foot is because your, door opens-. En !mp -a- In Mr. Weed: It's a big door, and it opens up, I made the steps go down more to the back. Mr, . Tompkins: 20x30 is the size of your deck. Mr. Deed: The deck is 42x24. Mr. Hirkala: Cao you have a swimming pool in the back yard. Mr. Weed: No, I don't have anythings, its wooded with some trees. It goes back 108 feet. Mr. Brooker: How close is your, next door neighbor, on that side Mr. Weed: Well on this side Jim Hamilton must be over 30 -35 feet from my property. Mr. Brooker: I'm going to disqualified myself, I know Mr. Weed person- ally. Mr. Hirkala: Is there any reason for the set of stairs there. Mr. Weed: just as a safety driveway is here and the most of the traffic is here. I walk around and I wanted this access to come out and down �bwhere to get into the house without going through the front door. This house is very poorly constructed to use the outside, to use the outside you wuld have to go down a set of stairs to the bottom and out the sli- ding glass doors and the quality of light from the house is nothing with- out a deck you can walk on out too. Mrs. Roe: And to move the sliding glass door from underneath the porch tack upstairs..... Mr. Weed: That's ,a little expensive, and you would have to close up the house, I went that access outside incase of a fire. Mr. Brooker: Any other, comment from the board. Pkir. Tompkins: moved to close the public hearing. Mrs. Roe: Seconded the motion. Mr. Lehigh: I make a motion since he's only extending an existing porch that the variance be granted, and that it remains covered and enclose. Mr. Tompkins: Seconded the motion. Mr. Tompkins: aye Mr. Lehigh: aye Mr. Hirkala: .aye Mr. Brooker: nay Mrs. Roe: aye } ADJOURNED PUBLIC HEARING: 1. APPEAL #1060 AT THE REQUEST OF JEFFREY J. STRANG SEEKING A SPECIAL USE PERMIT TO OPERATE HONEYTREE DAY CARE CENTER UNDR ARTICLE IV SECTION. 440 OF THE TOWN OF WAPPINGER ZONING ORDINANCE ON PROPERTY LOCATED ON OLD ROUTE #9 AND BEING PARCEL #6157-02-580777. Mr. Brooke -r: This is the appeal we sent back to the Planning Board. Mr. Levenson: The Planning Board accepted the site plan subject to receiving a special use permit from the ZBA. Mr. Hi rk.al.a: what we have to do is make a determination agreement on what the Special Use Permit and with the restricted agreement we want to put on the operation. Mr. Tompkins: It still has to go back to the Planning Board for, Site Plan approval. Mr. Levenson: It scheduled for, May 8, 1989, you remember the last meet- ing of the ZBA from Mr. Hirkala one of the problems was thee lack of expansion. k1r. Brooker: Has the correction been made. kav Mr. Levenson: Yes. Mr. Hirkala: The problem I had is that one of the buildings was not in the enclosed area, and the children would be in the enclosed area at the same time. Ms. Dabler: The revision has been made on that map, .and I was told that ,it didn't have to be put on the map. It would becheck as built when done. Mr. Hirkala: I'll just cut my contribution to the site Plan conditions that would be no children at any time of day be outside the fenced enclosure unless they are being picked up or, dropped off, and also if there's ,any conflict of picking up and delivering the children such as acceive jams, because of the fact of parking spaces, if there's any conflict observe in the future that there would come back for a revision. Also, the use of the other, buildings, the other building would be a one building were you are using a garage now, :storage of the boat, those would just be storage related to the Day Care Center. Mr. Brooker: subject to the inspection of the Fire Inspector. Mr. Hirkala: What is the Zoning Administrtor• position to have a Zoning Administrator Inspection. Mr. Levenson: Annual Inspection also fire insoections. A fire inspec- tion at the discretion of the Fire Inspector will have it scheduled in the computer, as an annu.-B1 inspection. M Mr. Strang: That is New York State requires that to be a part of my 1iBence anyway. Our - Mr. Levenson: tell a -P fire inspector, now is authorized Fire Inspector, his now on the list, and then in July I'll be an authorized Fire Inspec- tor also. Mr. Lehigh: If nobody else has any comments, I move to close the public hearing. Mrs. Roe: Seconded the motion. Mr. Tompkins: Herb, could you read back the -conditions. Mr. Levenson: The fence enclosure so the children are not outside the building except for, picking up and delivering the children. Also, buildings A & B are to remain as storage use only. Mr. Hirkala: Storage related to the Day Care Center. Ms. Dabler: Now that's if in ten years, Mr. Strang might want to come back and rebuild those building, he would then have to come back for, a special use permit. r. Hirkala: If you require for, a revision the same thing would hold through for a site plan. If the site plan specifies those buildings of storage in three years from now, they are used for, another purpose its a violation. Mr. Tompkins: Its a two story frame, whats its going to be on the sec- ond floor. tor. Strang: The second floor, has three bedrooms upstairs and their, is going to be an office for, teacher use only, no children is allowed upstairs. Mr. Hirkala: There's nobody living on the premises. Mr. Strang: Thats actually part of the notes I rember• reading it, the second floor will not have residentant or, tentants nor the use of class- room space, only use for storage. Mrs. Roe: Does a place like that automatically have a sprinkler system. Mr. Brooker: It's not required. Mr. Strang: If you decide to put people up stairs, then it is required. Mr. Hirkala: No ingress or, egress problems, that's all taking care of in he site plan, the chain leaf fence is taking care of.