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1990-09-25TOWN OF WAPPINGER ZONING BOARD SEPTEMBER 25, 1990 AGENDA --7:30 P.M. TOWN HALL 20 MIDDLEBUSH ROAD WAPPINGER FALLS, NY 1. APPEAL # 1095 AT THE REQUEST OF WILLIAM ALGIER SEEKING A REAR VARIANCE OF 7.2 FEET AND A SIDE VARIANCE OF 6.6 FEET WHERE 10 FEET IS REQUIRED AS PER ARTICLE IV SECTION 421 FOOTNOTE C OF THE TOWN OF WAPPINGER ZONING ORDINANCE ON PROPERTY LOCATED AT 52 KENT ROAD AND BEING PARCEL # 6257--01-428995 IN THE TOWN OF WAPPINGER. 2. APPEAL # 1094 AT THE REQUEST OF JO ANN LUCIANO/MOLINO, SEEKING A SPECIAL USE PERMIT OF ARTICLE IV SECTION 445 OF THE TOWN OF WAPPINGER ZONING ORDINANCE TO PERMIT AN ACCESSORY APARTMENT OF PROPERTY LOCATED AT 32 PARK HILL.DRIVE, AND BEING PARCEL #6356-01-091858, IN THE TOWN OF WAPPINGER. 1. APPEAL # 1093-CO.LINO- REQUEST FOR REHEARING ON THE DECISION RENDERED AT THE AUGUST 28, 1990 MEETING.,..:" SIGNED: MICHAEL HIRKALA,CHAIRMAN ZONING BOARD OF APPEALS DATED: SEPTEMBER 13, 1990 TOWN OF WAPPINGER ZONING BOARD SEPTEMBER 25, 1990 MINUTES- 7:30 P.M. In TOWN HALL 20 MIDDLEBUSH ROAD WAPPINGER FALLS, N.Y. THE REGULAR MEETING OF THE TOWN OF WAPPINGER ZONING BOARD OF APPEALS WAS HELD OF SEPTEMBER 25, 1990 AT THE TOWN HALL, 20 MIDDLEBUSH ROAD, WAPPINGER FALLS, NEW YORK, BEGINNING AT 7;30 P.M. ROLL CALL _ S P MR. HIRKALA- CHAIRMAN MR. LEHIGH MRS. ROE MR. TOMPKINS MEMBERS ABSENT MR. BROOKER OTHERS PRESENT GAY ANN HARDISTY- SECRETARY r MR. LEVENSON- ZONING ADMINISTRATOR/ CLERK TO ZBA MEETING WAS CALLED TO ORDER AT 7:30 PM PUBLIC HEARING Appm@wNm nAuaarepft MR. HIRKALA: FIRST CASE APPEAL # 1095 AT THE REQUEST OF WILLIAM ALGIERS SEEKING A REAR VARIANCE OF 7.2 FEET AND A SIDE VARIANCE OF 6.6 FEET WHERE 10 FEET IS REQUIRED AS PER ARTICLE IV SECTION 421 FOOTNOTE C OF THE TOWN OF WAPPINGER ZONING ORDINANCE ON PROPERTY LOCATED AT 52 KENT ROAD AND BEING PARCEL # 6257-01-428995 IN THE TOWN OF WAPPINGER. MR. LEVENSON: MR. CHAIRMAN "THERE WAS AN ERRONEOUS CALCULATION WHEN THIS WAS PUBLISHED THE REAR VARIANCE SHOULD BE 2.10 AND THE SIDE VARIANCE IS 3.6 . THIS CAN BE CORRECTED AS LONG AS IT IS LESS THEN THE ORIGINAL. MR. HIRKALA: "IS THERE ANY COMMENTS FROM THE BOARD ON THIS ? MR. LEVENSON : I THINK MR. CHAIRMAN, BEFORE THE BOARD MAKES THEIR COMMENTS, THERE IS A LITTLE HISTORY BEHIND THIS . MR. & MRS. ALGIERS IN THE MID 601S OR LATE 601S WENT TO AN OFFICIAL OF THIS TOWN, AND ASKED HIM ABOUT PUTTING THIS SHED IN PLACE. HE WAS TOLD NOT TO WORRY ABOUT IT, AND HE PUT IT WERE IT IS, AND NOW MR. & MRS. ALGIERS ARE PREPARING TO SELL THEIR HOME AND LEAVE US TO GO TO FLORIDA. THE BANK NOW NEEDS A C.O. ON THE PROPERTY. AS YOU CAN SEE BY THE DIAGRAM THE SHED IS WAY BACK FROM ANY OF THE ADJOINING PROPERTIES. THERE IS ABOUT 45 OR 50 FEET DIFFERENCE ON THE REAR AND SIDE. I (2) MR. LEHIGH: WHAT DO YOU MEAN THERE IS A 45 OR 50 FOOT DIFFERENCE ? MR. LEVENSON: THE SEPARATION FROM THE LOT LINE, TO THE ADJOINING LOT. MR. HIRKALA: ANYONE HERE FOR THE APPLICANTS ? WOULD YOU PLEASE STEP FORWARD AND STATE YOUR NAME. MR. ALGIERS STEPPED FORWARD. MR. HIRKALA: YOU ARE MR. WILLIAM ALGIERS ? MR. ALGIERS:"YES". MR. HIRKALA: DOES THE BOARD HAVE ANY QUESTIONS ? '4R. LEHIGH: YES! THE SHED IS IT A TEMPORARY OR PERMANENT BUILDING ? MR. LEVENSON: HAD TO REPEAT THE QUESTION FOR MR. ALGIERS ( WHO IS HARD OF HEARING). MR. ALGIERS: "YES, IT IS PERMANENT. MR. LEHIGH: IT HAS A FOUNDATION ? AND THE SIZE OF IT ? MR. ALGIERS: YES, AND THE SIZE IS 12X14 FEET. MR. HIRKALA: WHAT'S IN IT ? MR. ALGIERS: RIGHT NOW, WE ARE USING IT TO STORE OUR STUFF IN, BECAUSE WE ARE IN THE PROCESS OF MOVING. MR. HIRKALA: WHAT'S NORMAL ? WHAT WAS IT DESIGNED FOR ? MR. ALGIERS: A TOOL SHED. MR. LEHIGH: ITS BEEN THERE ABOUT 20 OR 25 YEARS ? AND NO ONE COMPLAINED ? WHAT ABOUT THE LETTER WE JUST RECEIVED ? MR. LEVENSON: I'M SORRY MR. LEHIGH , " MR. RUSSELL MANN WHO IS AN ADJOINING PROPERTY OWNER HAS NO OBJECTIONS TO THE UTILITY SHED OF MR. ALGIERS, BEING LOCATED AT ITS CURRENT SITE AND I SUPPORT THE GRANTING rF A VARIANCE TO ALLOW THE SHED TO REMAIN THERE." WE JUST RECEIVED THIS, k!R. ALGIERS GAVE IT TO ME TONIGHT . THE SHED IS AT THE MAXIM ALLOWABLE SQUARE FOOTAGE ACCORDING TO THE EXISTING ORDINANCE. (3) MRS. ROE : HOW MANY YEARS AGO WAS THAT ? MR. LEVENSON : I RESEARCHED IS BACK TO 1966. MRS. ROE : WELL THAT'S WHEN MY HOUSE WAS BUILT, AND I PUT UP MY FIRST SHED, AND I DIDN'T NEED A BUILDING PERMIT. MR. HIRKALA : YOU ALWAYS NEEDED A PERMIT. MR. LEVENSON : I MUST TELL YOU I HAVE A COPY OF THE 63 ORDINANCE AND IT HAS A PRESCRIPTION FOR 10 FEET ON EACH SIDE. I HAD CONVERSATIONS WITH SEVERAL PEOPLE WHO HAVE BEEN HERE IN THE TOWN A LONG TIME , AND WHO KNOW OF THIS CASE , AND THEY TOLD ME THAT THEY WERE NOT PRESSING ON THESE SITUATIONS. MR. HIRKALA: I KNOW THAT THERE WERE MANY INSTANCES WHERE PEOPLE HAVE APPROACHED THE AUTHORITIES AND ASKED ABOUT WHAT COURSE OF ACTION WOULD BE TAKEN REGARDING THESE MATTERS, THEY WERE TOLD DON'T WORRY ABOUT IT JUST mELL ME WHAT YOU ARE DOING AND DO IT. MR. ALGIERS: THEN EXPLAINED, THAT WHEN HE WANTED TO BUILD THE SHED, HE WENT TO THE BUILDING INSPECTOR AT THAT TIME, AND HE CAME OUT AND TOLD ME TO PUT THE SHED IN THE BACK, AND NOT IN THE FRONT, AND THAT I DIDN'T NEED A BUILDING PERMIT EITHER. MR. HIRKALA: IS THERE ANY OTHER QUESTIONS FROM THE BOARD ? ANYONE FROM THE PUBLIC WHO WANTS TO SPEAK FOR OR AGAINST THE APPLICANT ? MR. KOSTA: I AM A NEIGHBOR OF MR. ALGIERS AND I WAS LOOKING AT THE SHED. I LIKE THE SHED WERE IT IS RIGHT NOW, AND IF YOU MOVE IT I WILL BE VERY UPSET, SO PLEASE LEAVE IT WERE IT IS. THANK YOU VERY MUCH. MR. HIRKALA: ANYONE ELSE IN THE AUDIENCE ? MR. TOMPKINS: I MAKE A MOTION TO CLOSE THE PUBLIC HEARING. MR. LEHIGH: SECONDED VOTE: MR. LEHIGH: AYE MR. TOMPKINS: AYE MRS. ROE: AYE MR. HIRKALA: AYE MSR. TOMPKINS : MADE A MOTION FOR A NEGATIVE DECLARATION. FIR. LEHIGH: SECONDED m (4) VOTE: MR. LEHIGH: AYE MRS. ROE: AYE MR. TOMPKINS: AYE MR. HIRKALA: AYE MR. HIRKALA: PLEASURE OF THE BOARD. MR. TOMPKINS: MADE A MOTION TO GRANT VARIANCE. MRS. ROE: SECONDED. VOTE: MR. LEHIGH: AYE MRS. ROE: AYE MR. TOMPKINS: AYE MR. HIRKALA: AYE "tR. LEVENSON WILL WRITE THE DECISION OF ORDER. In MR. HIRKALA: NEXT CASE! APPEAL# 1094 AT THE REQUEST OF JO ANN LUCIANO/ MOLINO, SEEKING A SPECIAL USE PERMIT OF ARTICLE IV SECTION 445 OF THE TOWN OF WAPPINGER ZONING ORDINANCE TO PERMIT AN ACCESSORY APARTMENT OF PROPERTY LOCATED AT 32 PARK HILL DRIVE, AND BEING PARCEL # 6356-01-091858 IN THE TOWN OF WAPPINGER. IS THE APPLICANT PRESENT ? PLEASE STEP FORWARD AND STATE YOUR NAME. MR. LUCIANO: STEPPED FORWARD AND STATED HIS NAME, "GENE LUCIANO." MR. TOMPKINS: QUESTIONED THE ADDRESS BECAUSE IT SAID HOPEWELL, JCT. N.Y. MR. HIRKALA : EXPLAINED THAT THIS IS THE POST OFFICE. MR. LEVENSON : MR. CHAIRMAN THIS MATTER WAS PROPERLY ADVERTISED IN THE SOUTHERN DUTCHESS NEWS, ADVERTISEMENT WAS PAID, AND WE RECEIVED THE NOTICE OF ADVERTISEMENT FROM THE ABUTTING PROPERTY OWNERS. I WAS A LITTLE BUSY TODAY BUT I WILL PREPARE A AFFIDAVIT THAT THE SIGN IS PROPERLY PLACED IN THE LOWER WINDOW OF THE BUILDING MR. HIRKALA: I DON'T SEE ANY SUPPORTING DOCUMENTS AT ALL. YOU HAVE AN ACCESSORY APARTMENT, WHAT ARE YOU GOING TO DO WITH IT ? kw (5) MR. LUCIANO: ITS FOR MY MOTHER - IN - LAW. MR. LEVENSON: WE EXPLAINED TO MRS. PETERS THAT THERE WOULD BE SOME QUESTIONS ABOUT FIRE CODES, SMOKE ALARMS, ECT. MR. HIRKALA: IS THIS CLOSE TO THE ROAD, FAR FROM THE ROAD, IS THERE PARKING, AND A DRIVEWAY. MR. LEVENSON: THE HOUSE IS 50 FEET FROM THE ROAD, AND THERE IS PARKING FOR ABOUT 4 OR 5 CARS. I SAW 4 CARS PARKED THERE THIS MORNING AT 7:30 A.M. THERE WILL BE NO CHANGES IN THE NEIGHBORHOOD, IT WILL REMAIN EXACTLY AS IT IS . MR. LEHIGH: IS THIS EXISTING RIGHT NOW ? MR. LUCIANO: IT ALWAYS WAS. tR. LEHIGH: YOU BROUGHT THIS AS A MOTHER -DAUGHTER AND THAT'S THE WAY IT S ? MR. LUCIANO: I DID NOT BUY THIS AS A MOTHER - DAUGHTER. MR. TOMPKINS: WAS THIS AN APPROVED MOTHER - DAUGHTER ? MR. LUCIANO: NO! IT IS A 5 BEDROOM HOUSE. WITH ONE BEDROOM DOWNSTAIRS. MR. LEHIGH: WAS IT SOLD TO YOU AS A MOTHER - DAUGHTER ? MR. LUCIANO: NO! MR. HIRKALA: YOU KNOW THAT FOR ALL PRACTICABLE PURPOSES IF YOU SELL THE HOUSE IT IS NOT A 2 FAMILY HOUSE? MR. LUCIANO: I'M NOT APPLYING FOR A SEPARATE APARTMENT. MR. HIRKALA: A LOT OF PEOPLE HAVE THIS MISUNDERSTANDING . THEY THINK THAT THEY HAVE A 2 FAMILY HOUSE, THEY PUT IT UP FOR SALE AS A 2 FAMILY. MR. LUCIANO: YES I KNOW THAT IF I SELL, IT IS A 1 FAMILY HOUSE, AND THE NEW OWNER WOULD HAVE TO APPLY FOR A PERMIT IF HE WANTED TO HAVE A MOTHER - DAUGHTER. MR. HIRKALA: ANY QUESTIONS FROM THE BOARD ? 4w In (6) MR. TOMPKINS: THIS DRAWING IS A LITTLE HARD TO SEE, IN THE BACK OF THE KITCHEN, THERE IS SOMETHING ABOUT A DOOR . MR. LUCIANO: THE REAR ENTRANCE. MR. TOMPKINS: THERE IS A WORD ABOVE IT I CAN'T MAKE OUT WHAT IT IS. MR. LEHIGH: IT SAYS OUTSIDE DOOR. MR. HIRKALA: WHAT'S THAT BEHIND THE SINK, WASHER, AND DRYER ? MR. LUCIANO: THAT'S A BATHROOM. MR. HIRKALA: WHAT IS THIS A RAISED RANCH ? MR. LUCIANO: YES ! fR. HIRKALA: IS THERE ANY QUESTIONS FROM THE BOARD ? MR. TOMPKINS: HOW MANY CAR GARAGE IS THIS ? MR. LUCIANO: ONE! WITH A WORK ROOM. MR. LEHIGH: IS THERE A SEPARATION BETWEEN THE GARAGE AND WORK ROOM ? MR. LUCIANO: NO, IT IS ALL ONE. IT IS A LONG GARAGE. THERE IS A FIRE DOOR BETWEEN THE GARAGE AND THE LIVING QUARTERS. MR. TOMPKINS: YOU DO REALIZE THAT WHEN THE BUILDING AND FIRE INSPECTORS GO THERE , IT HAS TO MEET ALL THE BUILDING CODES ? MR. LUCIANO: ITS LIKE I SAID, THE HOUSE IS LIKE I PURCHASED IT, I DIDN'T DO THAT MUCH TO IT. MR. HIRKALA: ASKED THE BOARD IF THEY HAD ANYTHING ELSE ? IS THERE ANYONE IN THE AUDIENCE WHO WISHED TO COMMENT OR ASK QUESTIONS ?. PLEASURE OF THE BOARD. MR. TOMPKINS: MADE A MOTION TO CLOSE PUBLIC HEARING. MRS. ROE: SECONDED. TE. LEHIGH: AYE MR. TOMPKINS: AYE MRS. ROE: AYE MR. HIRKALA: AYE (7) MR. TOMPKINS: MADE A MOTION FOR A NEGATIVE DECLARATION. MR. LEHIGH: SECONDED. VOTE: MR. LEHIGH: AYE MRS. ROE: AYE MR. TOMPKINS: AYE MR. HIRKALA: AYE m MR. LEHIGH: MADE A MOTION TO GRANT APPLICATION WITH USUAL CONDITIONS OF INSPECTIONS. MRS. ROE: SECONDED. VOTE: tR. LEHIGH: AYE MRS. ROE: AYE MR. TOMPKINS: AYE MR. HIRKALA: AYE MR. LEVENSON: THE NEXT CASE IS A REQUEST FOR REHEARING ON THE DECISION RENDERED AT THE AUGUST 28, 1990 MEETING. MR. HIRKALA: ASKED THE BOARD IF EVERYONE RECEIVED THE CORRESPONDENCE FROM THE ZONING ADMINISTRATOR ? MR. LEVENSON: I HAVE THE SUBDIVISION MAP HERE, ON THE FILED MAP WHICH WAS SIGNED BY THE CHAIRMAN MR. VANDERWINKEL ON JULY 11, 1966, THE LAST PARAGRAPH SAYS, " IN ACCORDANCE WITH THE SECTION 412-101 IN THE TOWN OF WAPPINGER ZONING ORDINANCE THE LOTS IN THIS SUBDIVISION AVERAGE TO BE A SIZE EQUAL TO OR GREATER THEN 20000 FEET, WHICH APPLIES TO THIS LOT OF MR. COLINO. MR. HIRKALA: I AGREE. (8) MR. LEVENSON: THE ONE MR. COLINO OWNS, AS I SAID IN THE LETTER I DISCUSSED THIS WITH MR. WILLIS AND MR. ROBERTS, AND THEY SAID THE LOTS ARE R-20. MR. HIRKALA: FOR MY OWN PURPOSE I WILL STATE THAT I WILL NOT MAKE AN ISSUE OF THIS, BECAUSE OF THE INTEREST AND FAIRNESS TO THE APPLICANT. THEY HAVE WAITED LONG ENOUGH IN MY OPINION, THAT I HAVE NO PROBLEM WITH THE VARIANCE REQUEST, AND I THINK IT SHOULD BE GRANTED. BUT IN THE INTEREST OF TECHNICALITY, I BELIEVE THAT THE FACT THE ZONING ORDINANCE WAS CHANGED IN 1980 TO REFLECT AN R-40 IN THE AREA, AND THE PROPERTIES WERE REZONED FROM AN R-20 FROM THE ORIGINAL SUBDIVISION, WHICH AT THE TIME WAS R-40. IT WAS GRANTED AN APPROVAL FOR A INCREASE DENSITY BECAUSE OF THE DENSITY BONUS WHICH WAS IN EXISTENCE AT THE TIME WHICH MADE IT AN R-20 LEGALLY. IN 1980 IT WAS CHANGED TO R-40 , AND IS PRESENTLY R-40, THAT LEGISLATIVE ACT IN 1980, PUTS IT IN A POSITION OF BEING A NON- CONFORMING LOT. AS IT WAS R-20 AT THE TIME IT WAS PERFECTLY LEGAL, AND I AGREE WITH THAT, BUT THE LEGISLATIVE ACT OF 1980 CHANGING IT TO R-40 MADE THE WHOLE AREA NON -CONFORMING, BECAUSE THEY WERE ALL BUILT ON 1/2 RE, AND OUR ZONING ORDINANCE STATED THAT IF IT IS A NON -CONFORMING LOT 'ZT WILL ADHERE TO THE SET BACK REQUIREMENTS OF THE ZONE OF WHICH IT IS IN. SO AS A TECHNICALITY, I WILL NOT LET THE APPLICANT SUFFER BECAUSE OF THIS, SO THIS IS MY POSITION. WHAT EVER THE PLEASURE OF THE BOARD IS I WILL GO ALONG WITH. BUT I PERSONALLY THINK THAT THE APPLICANTS SHOULDN'T BE PENALIZED, AND I THINK THE VARIANCE SHOULD BE GRANTED. THE PART THAT HURTS HERE IS THAT UNDER THE NEW ZONING ORDINANCE COMING UP FOR PUBLIC HEARING OCTOBER 9 th, THE PROPERTY IS BACK TO AN R-20 AND ALL OF THIS WILL BE MOVED. MR. TOMPKINS: THEY HAD ASKED FOR A REHEARING SO I THINK WE SHOULD GRANT THE HEARING AND OPEN THE PUBLIC HEARING. MR. HIRKALA: WE HAVE A MOTION TO GRANT THE HEARING MR. LEHIGH: SECONDED. VOTE: MR. LEHIGH: AYE MRS. ROE: AYE MR. TOMPKINS: AYE MR. HIRKALA: AYE MR. HIRKALA: WE HAVE A MOTION TO OPEN THE PUBLIC HEARING FOR THIS CASE. MR. LEHIGH: SECONDED. ''OTE : %WR. LEHIGH: AYE MR. TOMPKINS: AYE MRS. ROE: AYE MR. HIRKALA: AYE IL m ME MR. HIRKALA: PLEASURE OF THE BOARD. THE BOARD WENT BACK OVER THE APPEAL AND DISCUSS IT AMONG THEMSELVES. MR. HIRKALA: ANY COMMENTS FROM THE APPLICANT ? MR. LEHIGH: ANYONE IN THE AUDIENCE HAVE ANY QUESTIONS ? MR. CORTELLINO: ASKED A QUESTION FROM THE BOARD ABOUT THE ZONING (I AM SORRY, I COULD NOT MAKE OUT WHAT HE SAID. ) MR. LEHIGH: MADE A MOTION TO CLOSE PUBLIC HEARING. MR. TOMPKINS: SECONDED. 170TE : kWR. LEHIGH: AYE MR. TOMPKINS: AYE MRS. ROE: AYE MR. HIRKALA: AYE MR. HIRKALA: PLEASURE OF THE BOARD. MR. LEHIGH: MOTION FOR A NEGATIVE DECLARATION. MR. TOMPKINS: SECONDED. VOTE: MR. LEHIGH: AYE MR. TOMPKINS: AYE MRS. ROE: AYE MR. HIRKALA: AYE MRS. ROE: MOTION TO GRANT VARIANCE. MR. LEHIGH: SECONDED. VOTE: MR. LEHIGH: AYE MR. TOMPKINS: AYE MRS. ROE: AYE MR. HIRKALA: AYE MR. TOMPKINS: MADE A MOTION TO ADJOURN PUBLIC HEARING. MRS.ROE: SECONDED. OTE: MR. LEHIGH: AYE MR. TOMPKINS: AYE MRS. ROE: AYE MR. HIRKALA: AYE low MEETING WAS ADJOURNED AT 8:00 PM. RE ECTF Yop4s G ANN HARDISTY/ S ARY in