1989-11-23"3WN OF WAPPINGER ZONING BOARD
VEMBER 23, 1989
MINUTES
IR
TOWN HALL
20 MIDDLEBUSH ROAD
WAPP. FALLS. NY
The regular meeting of the Town of Wappinger Zoning Board was held on
Tuesday, November 28, 1989, at the Town Hall, Middlebush Road, Wappinger
Falls, NY beginning at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT:
Mr. Brooker
Mrs. Roe
Mr. Tompkins
Mr. Lehigh
MEMBERS ABSENT:
Mr. Hirkala
OTHERS PRESENT:
Mr. Levenson/Zoning Administrator
Lia Scianna/ Zoning Board Secretary
JAN 2 '3. 90
QJ
ZONING B., . Ztl Of 93
PLANNING BO;.RD 12
le meeting was called to order at 7:30 p.m.
Mr. Brooker explained how the meeting was going to be conducted.
PUBLIC HEARING:
1. APPEAL #1078 AT THE REQUEST OF SHERRILL A. TORBECK, SEEKING A SPECIAL
USE PERMIT OF ARTICLE IV SECTION 445 OF THE TOWN OF WAPPINGER ZONING
ORDINANCE TO PERMIT AN ACCESSORY APARTMENT ON PROPERTY LOCATED AT 20
DEGARMO HILL ROAD AND BEING PARCEL #6258-02-754670, IN THE TOWN OF
WAPPINGER.
Sherrill Torbeck present.
Mr. Brooker: Your requesting an accessory apartment, mother/daughter,
correct.
Mrs. Torbeck: Yes.
Mr. Brooker: Did you just move into the house?
Mrs. Torbeck: I came from Westchester, and the house was an inheritance
to me.
Mr. Levenson: What happened Mr. Chairman is that we discovered this was an
�onymous complaint, stating that the applicant premises is being used as
multiple family dwelling. The applicant was unaware of this at the time.
This has been approved before.
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They did not know that they had to come back in.
Mr, Lehigh:
This was
an approved
mother/daughter
before.
Mr, Levenson:
It's a
completely
different
entity
with a separate entrarc+
way.
M.-. Brooker: A separate kitchen and bath.
Mr. Levenson: Yes.
Nr. Brooker: You do understand of course, if your mother moves out, ihe
Specfal Use Permit is revoked at the time.
Mrs. Torbeck: My mother is only 50. �
Mr. Levenson: What the Chairman is trying to say is, if your mother lao aA
�
or moves out the Special Use Permit is immediately revoked, �
Mr. Lehigh; Do you have a hardship reason?
Mrs. Torbeck: My mother lives alone` there is no father.
�r Brooker: Would anyone like to speak for or against the app\io�nt�` �
^ '
Mr. & Mrs. Barnes: Will there be an increase in our property taxes, and
if em will the value of our property increase? �
�
�
Mr. Lavenson: Their property will be re -assessed by the Assessor. The �
law states that there shall be no physical outward change on the structu e. �
You cannot build in the Town of #appfnger to create........... The apprn`*!V
�
struoture fs......... an accessory apartment with a Special Use Permif Lh-t �
is inspected by the Zoning Administrator and Fire Inspector, �
Mr. Tompkins made a motion to declare a Negative DaclaratTon,
Mrs. Roo seconded the motion.
Vote; All oyes.
The motion carried.
Mr. Tompkins made a motion to close the public hearing.
Hr Lehigh seconded the motion.
Vote^ �ll ay�s
The motion carrYed.
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r. Tompkins made a motion for the special Use Permit for an accessory
apartment be approved with the condition of annual inspections by the
Zoning Administrator and Fire Inspector.
Mrs. Roe seconded the motion.
Vote: All ayes.
The motion carried.
ADJOURNED PUBLIC HEARING:
1. APPEAL #1069, AT THE REQUEST OF LOUIS AND JEAN BALDUCCT SEEKING A
VARIANCE OF ARTICLE IV SECTION 421 OF THE TOWN OF WAPPINGER ZONING
ORDINANCE AS FOLLOWS:
A. YOU ARE REQUIRED TO MAINTAIN A 25 FOOT SIDE YARD AND YOUR SHOWING
ERECTED POOL 7 FEET FROM THE SIDE YARD REQUIRING AN 18 FOOT VARIANCE.
B. YOU ARE REQUIRED TO MAINTAIN A 25 FOOT SIDE YARD AND YOU ARE SHOWING
THAT THE DECK IS 10 FEET FROM THE SIDE YARD AND REQUIRING A 15 FOOT VARIANCE
ON PROPERTY LOCATED ON PYE LANE AND BEING PARCEL #19-6356-03-167090, IN
THE TOWN OF WAPPINGER.
%,.4e applicants were not present.
Mr. Levenson: For the record the Zoning Board Secretary did mail a
agenda to the applicant, your alternative is to dismiss with prejudice,
and the issue for the removal of the case.
Mr. Brooker: We have a time frame of 30-60 days on this.
Mr. Lehigh made a motion to dismiss the case on prejudice.
Mrs. Roe seconded the motion.
vote: All ayes.
The motion carried.
Mr. Lehigh made a motion that the applicant has sixty days to come back to
remove the pool and deck which is in violation, and thirty days to re -open
the case.
Mr. Tompkins seconded the motion.
Vote: All ayes.
The motion carried.
In
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APPEAL #1075 AT THE REQUEST OF JOHN AND MINNI. SOKO. SEEKING A SPECIAL
USE PERMIT OF ARTICLE IV SECTION 416, PARAGRAPH 6 OF THE TOWN OF WAPPINGER
ZONING ORDINANCE FROM THE SIGN ORDINANCE, IN THAT YOU HAVE A DOUBLE FACED
SIGN WHICH IS NOT FOR BUSINESS ON THE ABOVE LOCATION MARKED, ON PROPERTY
LOCATED ON ROUTE #9 AND BEING PARCEL #19-6157-04-604495, IN THE TOWN OF
WAPPINGER.
vA
Mr. Brooker made a motion to go in executive session until 7:--:;0 p.m.
Mr. Tompkins seconded the motion.
Mr. Levenson: This conversation now will not be on public record.
The conversation was not recorded.
The Board resumed at 8:05 p.m.
Mr. Lehigh made a motion to declare a negative declaration.
Mr. Tompkins seconded the motion.
Vote: All ayes.
^'he motion carried.
. Lehigh made a motion to close the public hearing.
Mr. Tompkins seconded the motion.
Vote: All ayes.
The motion carried.
Mr. Lehigh made a motion that the applicants can have their sign one year
at a time. If the property is sold the sign comes down. If they change
the configuration in any manner, they must come back to the Zoning Board
of Appeals.
Mr. Tompkins seconded the motion.
Mr. Lehigh made a motion to adjourn the meeting.
Mr. Tompkins seconded the motion.
Vote: All ayes.
The motion carried.
The meeting was adjourned at 8:10 p.m.
R spectfully,submitted,
la �J. Scianna
IN
A -S-
_=7
|
~~- /
oond uns with inspections for the recmrds. I make a mot1on to granL
tUse P�rmit.
M/. Leh{8h saoonded the motion.
Voto:
Th motYon carr�ed,
-4. ;%PPEAlL #1074 AT THE REQ-UEST OF SEEKING A SPECI"AL US[
PERMIT TD O�ER,4TE A DAY CARE CENTER UNDER ARTZCLE I SECTZON 4,3O 71-1E
TD�N OF ZNGER 20NZ#G ORDINANCE O# PR,OPERTY LDTED ON ROUTE QD D
B�I�6 PARCEL #(,,157-01-07O62B, IN THE TC -WN OF WAPPINGER,
Nr. Leveos(:�n: We have to refer this baok to th� PlannYn-_-� Board.
�r. Grcnker� I don't think w� can aot on thia withuut ofte plan approval.
�r. Tmnpkina: Can yu te-ll me the siz� of t p,roperty�
�� ^ h/. kul�, 7Sx120^
Mr. Mfrkala: Is theng to be any �h�nge� I �ot a pr�bl�m w�th how
g�iog to �pe,a",te hcre. I/d like to oee sum�pr
thin� oo poe. Ar�
you go ing to add onto the build ing� What about antranoas?
�r. Kulb� They ar� m|1 there.
Nr. Hirkolf you/re gofn9 to run a day oar nursery, T _9m gViog 1, c,
r�qu�st that thera b, a se.par_9tYon b e t w en the cars and C;hil�ren.
Hr. KmYes.
MrHirkela: I want to see fn�ress and egress and Z want t0 see how th�
kYdng +o be droptped off.
Mr. Kulb: I seems to me that all the day ca -res, that are in this Town
ha� a vague interprptetion un what states a dmy oore oe,nter,
Nr. Levensnn: Zf y(-.)ur going to put � day care in a residential zune.
one-f�mi)y hou�e thet/a e dffferent c ategory. You gointo tuk� a
pi�ue of th� commercYal property, then the site h�s to pr-s�nt��
t� the P|anning B��rd f�r th�ir invyyti��tion, �n� then g�t referred
back to the Z�ning 8oard for a Speofal Use Permit
-
�
-7-
TompkMI first questi�n to you wfthout going eny further i�
nmt yo)og to allow the front door to b- uoed as an kz� xit. You are right
Do top *f o highway. Thfs fT not for kidbettar makmome plan
abuut cl,oing somethYng else, because that door right on the highway �s a
hazard for ki&s going in �nd out. The Fire n Guflding Jnspeotors 9s
�robably going to have a lot more to say on thi,s.
Mr. Levenson: The Tg*n of Wappfnger requires a Special Use P-rm�t
gardles of what the State says.
Mr Hrkala8o you have a oC) p of the Special Uae Permit re4uir�eme:{a
fur the Town of Via ppYng p - r. I suggest you review it.
hr.�kthe rest of the 6oard would l'1kw to sea the S��a P��o
don/t have a prob |ern ref errfng t to the PlennYng Goard,
but I would do it wjfh the oonditn that there would be a underat�ndin�
m` the appljuants part for hi� role and what lie has to du.
�,i|. Sm{th" I understand that.
iirwfth thl--� Gui|ding Dapar tment and �et a feel of what hu�
vm� bean requ�r�d �n th� p�st and get a feel of what is expeoted from th�
PlannYny rd and Zonfn� Board.
Mr. Lahigh mada a mution to ad��urn the public hearfng.
Nr, Rua seconded the motion,
Yut�� �ll my�S-
The mVtYu1 orr�ed.
Mr, Hirkala maolk� a motion to refer,the appl7oant to the Plannin-J 8uarJ
for Lheir oomment�.
M.`. 8the mu+ion.ehw
Vote: All ayes.
Th� motiuo ��rried
5. �PPE�L 01875, AT THE REQUEST OF EKI�� �
USE PE�MIT OF �RTICLE IV SECTION 416, PARAGRAPH G 0F TH[ TO�H
THE SIG# DRDIN�NCE ZN TH�T YOU HA�E
0RDINANCL +K� ,
F�CE� SIGH #HlCH IS #DT FDR 6USINESS ON ThE ��0V[ LOC�TIU�
ROPER�Y LOCAT[D DN R�UT�
RK�Q 4#D GEING PRCEL #1O-8157-84-§O4�3�,
K�� �N Y
OF �4PPINQ�K,
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Mr. Levenson: Thera was a Special Use Permit issued back in '83, for a
six month period and this permit was never renewed, and there now here
for e renewal on the sign.
Mr. Hirkila: A Special Use Permit issued for the sign.
Nr' Levenscn: Yes, that's the sign for Old Route D by the Sunoco Stat)u:
Nr. Brooker: The sign is bigger then what the Zoning ordinance allowz.
Mr. Levenson: Under the /85 Amendment the sign was issued o 3pecial 0s -
"'Pain t ,
s -Permit.
Mr. Hirkala, He was granted that under the old sign ordinance'?
Nr. Levenson! Yes.
Nr' Sokol4 T don't know why the first permit expired, I was never
notified. Now I'm notified with the expiration date. I asked for a
permit when it was first put up and never received one. At the time,
I had a parent that was sick, I asked for a copy of the permit, and
� ^
never received one.
Nr. Levenson: The Special Use Permit was for six months, it was nevar,
renewed after that.
Mr. Sokol: I was never notified of any expiration date at all, and I
can't undorstand wh/ the first permit was issued in 1879.
Nr, Hirkala; You say the original application was in 197Q3
Mr. Soxol: Yea.
Mr. Hirk�la� Su the one �n 1878 would be under the 1863 ordinance.
T|`�
^
law states that there is a five year maximum on Special Use Perm+s
~
� Special Use Permit shall be issued for the length of time deofgnateo
by the Planning Board, no less than five years. Gy 1085, the sign Thou/ �
have been gone, or the applicant should of came in for a Varianca.
Mr. Lehigh: on you have a hardship?
M/`. SOW: I had o snrious operation and I can only work part time.
Mr. Brouk,r made a motion to adjourn the public hearing.
Tompkins seconded the motion.
YuteAll ayas.
r The moLion carried.
9
Mr. kirksla�
hardship'?
Nr, Levenson:
Mr. Levenson, could you have a latter showing proof or .
Yes, I could have it by the next meeting.
S. APPEAL #10761 AT THE REQUEST OF SEEKIN8 A
VARIANCE Of ARTICLE IV, SECTION 421, OF THE TOWN OF WAPPIN6ER ZONlN(�
DRDI#AWCE TO ALLOW A CONSTRUCTED ADDITION ON PROPERTY NOT HAVING
FIFTY (SU) FOOT FRONTAGE ON PROPERTY LOCATED ON NEW HAMBURQH ROAD, AND
BEING PARCEL #19-6057-02-097631, IN THE TOWN OF WAPPINQER,
Mr. Lavenson; The application was made for a two lVt subdivision and
the application was denied because the interpretation of fhe Planning
Bodrd' Article 412, each lot has 50 foot frontage. It was access that
it cannot be a right-of-way,
Nr. Tompkins; This is just property?
Nr. Hirkalo; A two lot subdivision,
Mr. Lehigh: The two lots that you are referring to is 1232 & 123i?
or. Fullam: Lots 2 and Lot 2A.
Mr. Tompkins: The house 45 on 2A.
hr. Fuilan; This parcel has been in ownership for quite a few yoars. I
was subdivided in 1983, where in Lot 1 was out off and made into a mui"j
ing site. The subdivision was approved by the Town.
Mr, Mirkalo: My feeling
on the subject is
that
the law says that t|' -
front will be on the
lot. The right-of-way
will
be on somebody eIsa/s
lotj not on the lot
of question. Therefore,
the
road front re4uirem:t
must be on the lot,
granting a right-of-way
utilizing
somebody alse/s �n1
fm` road frontage.,
into
two (2) b:fld:o�:
Mr. Tompkins' It was subdivided in 1883?
Mr. Fullam' This
entire parcel was subdivided
on
Lot 2
in 198].
As in
Lot 1, it was
split
off by the remainder. Now
at
this
time, the
appl|�as
73 requesting
to
subdivide the remainder 2+ acres
into
two (2) b:fld:o�:
lots. One lot
has
a house on it, where he lives.
If it
is the boards'
pleasure that
thc
interpretation of Section 412
states
that eas+m'"nts
dc
oet qualify for
right-of-ways,
legal or not.
Mr. Hirka|at In the interest of time no building permita shall
with the establishment of any issue or construction, unless the lot upnn
use is to A eFtab\\shed, or substructures to be built as frontage of nO
feet. It does not may anything about utilizing another portion uf anoth�
�01. It says unless the lot in question has 50 feet.
-1O -
Mr, Fu}lam/ In lieu of the above, I'd like to pursue another avenue
The applicant requested an area variance he granted to the requested
variances which is to allow two lots created, each having a width of
]O feet -
Mr. 9frkala: Your asking for an interpretation of Section 412. I make a
mat.on that the interpretation be that the requirement of 50 feet has to
be satisfied on the lot in question.
Mr. Lehigh seconded the motion.
Mr. Fu|lam: Requesting area variances, this parcel was purchased several
years ago and has been in continuous ownarship. Lot 1 was Split off |/
1983. They built a house with a pool on the remainder of the parcel,
They Wit the house and the pool up in the Northern part. They did
this for some reasons. They had plans in the future to oubdivid�
this, then in 1883 when this first subdivision was approved and a 60-
feet
Gfeat was left which met the Zoning Ordinance at the time. The Zoning
ordinance was changed in 1988. Unfortunately, the D/Amioo/s were not
aware of it, and did not realize what a hardship would create for them
because the Amendment from that Ordinance denied them to subdivide the
remaining 2+2 acres. It was obvious from the review of the suhdivis7on
map that the placement of the existing house allows a continuing subdivi
� u sion to take place in full conformance with the Town ordinance. However.
in Cecamhmr 1988 the Town Law changed. If this latest proposed subdivis')o
had been submitted prior to 12-15-86 it would have been approved because
it would have met the Zoning ordinance. We are talking about a que4t`o/'
of time, and a hardship that is not self imposed. We are, therefore,
appealing the Zoning Board of Appeals for an area variance, speoifioal}y
a variance of Article 4 Section 412. Request a variance to allow this 2
lot subdivision which will have a minimum frontage of public highway o�
4O feet and a minimum width of 30 feat. Without such a variance, the
appli�ant will suffer a significant economic injury. At this location`
�t ��-ld expect to sell for $40,000-60,000 thousand dollars, whereas
leaving this extra acre of the house by around $10,000.
Therefore, absence on the variance, the applicant can expect to suffer
�r�atly It is a fact that the D/Amfoo's have been in here for quite
awhile ^ This was a ljttle something extra that they already planned.
Theref^ra, that is the reason for the hardship and variance be rinquestod
Mr. Lehigh: I'd like to hear from the public.
nr Zdivch^ - New Hamburgh Road -I border on the property, and th" houst�
era^ very t�ght. The map is wrong because they have a garage, and, theri s
a apartment over the garage.
- Mr. Hirkala: Are you saying they are in violation?
-�1-
�divoh - I/m not saying they are fn vfulation, but I/m just sayinQ
there ar� pe�ple lfvfng
over, the gat -'age fn an apartment, They moved ther�
fn May. Ttmy havm t%,io groups of people, one lfving in the house and one
l�ving over the garage. My well is just North of the garag�.
washinZD cora, mctoroycles. He fe spraying stuff and I/m afraid of
onnteminaton in my well. Thiy whole arec._� is nothing but weter. We ara
�ett�ng hi�h water t3bles after, the D/Amioo/s moved into the house.
Mr. Levenson; Z think for the reoord` everybudy should unde" rstan(A thiat
the Tnwo ha,, --no jurisdictinn to the water, and sewar, it �s otrictly fn the
hands of 6oard mf alth^
Mr. Lehigh: tple were not aware of the situation. Did you make a oomplaint
ab�ut the pple lfving in the garage?
�r.
Zdivch:
I balfeve
I see
the
map there,
and
ft
says
garag�,
and
thi�
mmp
there.
is dof*d
July 9th,
vihoever,
drew this
map
knsw
the
people
were
|fv\n�
Mr. LevenyoIt is yuur ubligat�on as � o�tizen to p�ok up the phone an6
say some�mdy ymu think is doYnO someth�n� wrnng.
Tomphfn�; It has an affect on thfe hearinB be�au�e ff they hav� an
illegal ap�rtment on thejr property, it mTght have a �eering �n how we
�oto.
Mr. Hirka|a: You �rought up the fact of a fllegal apartment. If peop|e
are l\viny there �t is an illegal apartment on his prop:rty, It is not
e stru�iure, ita allowable uae for residenti al purp0ses. We have �
law 'n this tawn that opeoifically states that �f th�r� �s a viol�t�on
�n the prClperty in queotf�n` no �ppl�uatiVn oan he aocepted until the
vilatiun �an be ourrected. Zf thmre i� a v�olat��n on thfs propmrtY
asyou ountenJ, and the Zodr�r w
n�n� �m�ni�tatis alloed n th�e
prop�rty with the permiss�on of the owner, or his representatives tu
detarmfne whethr nr not the violation exist. The applicatJ ti`pn
o�me to a end, uotil such tfme the app lication is corrwcted.
Nr. Ful)am� I �ould at this time like to set the r�our� ytraight,
th{s is my survey.
N, �enzer - Wew Hambur�h Road - The real estate agent that suld us the
pr^p�rty �sked me Yf I knew of anyone who would want to rent ±|e aparb^en�
�ver the 8ara,�je.
Tompkins:
ir. Benzer�
You are saying that there is then an apartmen+.
That Ys all I know.
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pp�
Nr 8rmoker: In vi�w of the fact this hao -01W: up here, Z/d 11ke to
dir�ct the Zonfng �dm�ni�trator to make ever, effnrt t� conta�t the
� rot I'd like to make a mmtlon to tab|e the publ,c
pe�ple �f that pper y.
heering untfs reotifi ed.
[irkal�� Zt h�s been te�led, and if the v�ol�ti�n �s found, iT /s
oanoelled.
Mr. Lh eeomnded the mc) tYon.
Yote: A|l ayes.
The motion carr�e-
d.
ADJOURNED PUBLIC HEARZNG�
1 APPEL �#1OGQ, AT THE RE�UEST 0F
SEENZHQ �
V`KlAACE 0F ARTICLE IV SECTION 421
OF THE TOWN 0F #�PPIWGER
7OAIWG
ORDZNANC[ AS FOLLO�S:
�^ Y0U AR �EQUZRED TO NAZNTAIN A
25 FOOT SIDE YARD
AND YDUP SHOWTWQ
[~L[TEEl FRON THE SIDE YARD REQUIRING PN
18 FODT VA F,IAMCE.
YOU AR[ R[QUIRED TO MAINTAIN A
25 FOOT SIDE YARD
AND YOU 4R�
S^3�ZNC TH�T THE DECK ZS 1O FEET F�ON THE SIDE Y��D
AND REQUIRIN6 �
�n [0OT 'VARIANCE ON PROPERTY LOCATE D ON PYE LANE AND
6E1,NG P&RCEL
6]5� O� 187OOO IN THE TOWN DF
#APPINQER.
The appl�o�nt� were not present.
Mr. Bruuker mad� a mo�imo to t�bl�
the adj�urne� public
h��r�n�.
Nr. Lehi8h seconded the motion.
Yut�: All ayes.
The motion carried.
ADJOyRNNENT:
�r. Lehigh made a motion to adjourn the meet �ng.
�rs. Rue �eoun�ed fh� motion,
V A ayes,
The motioo �arried~ Rerpetully subajitted`
Lia anoa ,
2onng 8oard Seoretary