1990-03-27T(I)WN OF WAPPINGER ZONING BOARD T WN HALL
LARCH 27, 1990 20 MIDDLEBUSH ROAD
lINUT"f,"'S - 7:30 P.M WAPP. FALLS. NY 12590
The r egul.M r• meeting of the Town of Wappi nger• Zoning Boar,d, was held on
Mar,ch 27, 1990, at the Toren Hall, 20 Middlebush Road, 'Wappi nger, Falls,
N.Y. 12590, beginning at 7:30 p.m.
ROLL CALL:
MEMBER PRESENT:
Mr, . Hir•ka.Ia -- Chair man
Mr,s. Foes
M r• . Tompkins
MEMBERS ABSENT:
Mr, . E,r ooker,
Mr,. Lehigh
OTHERS PRESENT:
Lia - ci anna/ Zoning Board Secret ar•y
Her,ber•t Levenson/Zoning Admi ni str•ator,
The meeting was called to order ,mit 7:30 p.m.
IL
%olMr'. Hirkala explained how the meeting would be conducted.
Mr,. Hi r•k,al a The bo,ar,d has onl y three members here anybody who wi She
t -tot to be heard tonight, note that every member, of the boar•d has to vote
,aye in order, to get their, application in a positive sense. I would er ter,-
t:,a request to table until next month's meeting.
Mr,. Hir•k,al•a. The first itern on the agenda is the approval of the Febr•u.ar,y
27, 1990 minutes,. I'd like to hold them off if it's ok with the board.
ADJCURNED PUBLIC HEARING:
1 . AP'P'EAL # 1081 , AT THE REQUEST OF DENNIS R. O' G RMA L -SEEDING A SPECIAL.
USE PERMIT OF ARTICLE IV SECTION 445 OF THE TOWN OF WAPPINGER ZONING;
C..RDINANCE. TC, PERMIT AN ACCESSORY APARTMENT ON PROPERTY LOCATED AT
392 (QLD HOPEWELL ROAD, AND BEING PARCEL #6257-04-646351, IN THE TOWN
OF WAPPINGER.
Mi-,. r.,' Gorman present.
Mr, . Levenson : Mr,. Chai r•man, Mr,. O' Gorman submitted the dr•awi ngs ,and some
deeds and ever•ythi ng is in order, the board can proceed now.
Mr 'ii r,kaI a : Geo you want to proceed with the appl i cati on with three
me:mbei—s on the boar,cl, al i three has to be on your, side. Any vote r•equir•e4
�3 In.�rj0r,ity. The majority, of the board is three, being that there ar•e three
In
ilember•s present, they all have to vote on your, gide. We don't 1M1r,ant to
-i ve ,you r7y chances you might have if there is a negative amongst the
Mr• . 0 Gorman : I think I can proceed, ever,ythi ng i s in or der, .
i'•tr,. Hir•ka1a: Does anyone on the board have any questions for, the appli,_
•.aitt .
Mr,. Tomp!<ins: If the map is OK, I don't have any questions. Has the
). 4aw..n cleaned:'
Mr, .
Levenson yes evwr,ythi ng is in order, .
Mr'.
H'ir`k.aIa Has there been any inspection: of the kitchen....
Mr,.
Levenson: Not yet.
Mr,.
Hir,kala. ... until such time the E-pecial Pe:r•mit is issued.
Mr`.
L.e. vwnson. After' the Decision and Order' is issued, I will
conduct
or)
the site.
Mr,.
Hir,kala: The: Building Inspector, has to go thr,u that too.
h9n,
Levenson: Yes, right.
'1r .
H i r,kal a asked if anyone in the audience would like to speak
for, or.
the applicant.
Ther,
was no one who wished to speak at that time.
1r <
Tompkins, made a motion to close the public hearing .
Nir,s.
Roe seconded the motion.
Vot..
All ayes.
The
motion car,r•i ed.
P'-fr'.
Tompkins made a motion to declare a negative decl,ar,ation.
Mr -s.
Roe seconded the motion.
Vote.
A1.1 aye:.
The
motion car r• i ed <
Mr,.
Tompkins made a motion to grant a Special Use Permit with
the
conditions
of yearly inspections by the Zoning Administrator`,
and
an
affidavit as to a blood r'el ati ve living in the apartment.
M
I ♦ 5
Mir ;— Roe seconded the motion.
Vote: All ayes.
The motion carried.
Mr. Tompkins: This is for your daughter?
Mr. O'Gorman: Yes.
Mr. Tompkins: If your daughter moves out and no other blood relative lives
in the apartment the permit will cease.
Mr. Hirkala: You have to get an inspection, notify the building inspector
to complete the forms to make the C.O. legal.
Mr. 01 Gorman: I will be notified.
Mr. Hirkala: How would you 1 i ke that Herb,
Mr. Levenson: He can give me a call within a week.
Mr.O'Gorman: I'll call him within a week.
2, ADJOURNED PUBLIC HEARING:
16VAPPEAL # 1083 AT THE REQUEST OF RENE AERIL SEEKING A VARIANCE OF 7 FEET
UNDER ARTICLE IV SECTION 421 OF THE TOWN OF WAPPINGER ZONING ORDINANCE TO
PERMIT AN ATTACHED DECK THAT REQUIRES A SIDE YARD OF 25 FT., ON PROPERTY
LOCATED ON 308 MYER S CORNERS ROAD AND BEING PARCEL #6358-01-163546, IN
THE TOWN OF tedAPPI.NGER.
Mrs. Ai::r'il was present.
Mr. Hirkala: You realize of course that there are only three members
present:, that if one member cast: a nay vote your application for a
Special Use Permit doesn't pass, variance rather. You have the option
to postpone it.
Firs• Abril . We can go on.
Mr. Levenson: Mr. Chairman, just for, the recor'd's in event something
happen_ after this I'd like to read three letters that I received
from adjoining property owners into the record, We received this letter
on February 3, addressed to me. " We are writing this letter after talkin:�l
to you this morning with reference to appeal #1083 Rene Abri 1 . It is out-
understanding
urunder.sl:anding that Mr. Abril has violated provisions of the Zoning Ordi--
nance by building a deck without a building permit. Since this illegal
action also violates the side line restrictions required by law, we are
against the issuance of a permit leased on a variance." signed, William &
Eileen Ryan. Letter dated March 1, 1990, "We have this day received from
Rene Abril by certified mail, a notice sent to him by Michael Hirkala,
l3 °�
r > O C - v 'ri £1tj) r` - > +<
17i
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t<.gr•ei ty of our, nei ghbor•hood, and adherence to the' l avr, arncf b ,cai. se we ar ,
!;rt this time opposed to the issuance of a per,mi t based upon a var,i ance of
the. Toning 'law, we r,eques-t to meet with the Zoning Board of Appeal s in tl w
I att<-r• par•,t c -,f Apr•i I . II William & Eileen Ryan.
H[%. TornpkI ns: I'll be the first one to tell you that I get the impr,e:Wsion
t:h,at your• n�?i ghbor,:s don't l .} ke you very much.
P; i, Abr i l . They never, have, si rice the f r•st day we moved there.
lair, . Tonipki ns : is there any truth to the matter,?
Mi,s. Abril. We did have: our, garbage cans and some storage of Sidinc_4 on
there pt-oper•ty, but we didn't real i ze it was on thei r pr•oper,ty l i rte.
Mr . 'Tornpkins: Is the deck ther,e now?
N!r,. Levenson: yes.
11 r,. Tornpki n s : When was the deck built?
N9r,M. A•br,iI . I Would s -ay the end of last ti.eptember,.
M[,. Torripk= ns: Ho+.h, far, is the deck from the side 1 i rte?
Mr,. Levenson: The deck is within 18 f=eet of the side line.
P•ir. Piz rN ka I _ . The garage is 10 feet from the side, so what we ar• - cone;wr•nt.d
with is .a ? Loot var'iince.
Mi'. Leven s on. Right.
Hr E Hir•kala: How many spaces ar•e there between the garage and aleck?
Mr•. Levenson: Four, to five, it's all attached to the house.
sir, . Toinpki n,s : Is the gar,age. and deck pr,i or• to Zoning?
i'Air Levenson. Yes, the garage and deck is prior, to ' G3 .
lair• . Tompki ns : Why di d we adjour,n thi s publ i c hear•i ng?
Mr, Levenson: The three letter,w had to be put into the r,ecords, and the:
1:�:aar ci also r,wquested surveys.
Mr,. Fli r ka'i a asked if anyone in the audience would like to speak for, or.,
a'7 ii i'1`wt the applicant?
There was no one who wished to speak at that time.
Mr, . Tompl<:i ns made a moti on to cl ose the publ i c heari ng .
n
_S_
=irs. Roe seconded the motion.
9
Vote: All ayes.
The motion carried.
Mr. Hirkala: You don't- have any plans on covering the deck?
Mr. Levenson: Mr. Chairman, if I may the Decision of Order will state
that if they wish to close it in or cover it they would have to come
back to the Zoning Board of Appeals.
Mr. Hirkala: It would be a condition of the Variance.
Mr. Tompkins,: How high off the ground is it?
Mr. Levenson: I'd say you got 2, 2 1/2 feet off the ground. It's got
two short 'steps up.
Mr. Hirkala: If a motion was made I would like to get the applicant
to agreement to consider has to anything ever put on a deck...
Mr. Levenson: I believe Mr. Hirkala for the record Mr. ? Mrs. A.bril
are before Judge Franehese ,and that's stipulated for the record.
+ir. Hirkala: There's a court case on this?
Mr. Levenson: It's been stipulated and complied. There's a stipulation
on Judge Franchese, it's on the record that Mr. Mrs. Abri1 will not
fracture the ,aesthetics of the community.
Mr. Hirkala: It anybody is going to make a motion can this case, I would
make a request that the court stipulation be part of the variance:.
Mr. Levenson: I'll put it as a paragraph under the decision.
Mr. Tompkins made a motion to grant the Special Use Permit with the con-
ditions that the court stipulation be part of the Decision .and order.
Mrs, Roe seconded the motion.
Vote All ,ayes.
The motion carried.
. APPEAL #1082 AT THE RQUEST OF EGHKR REALTY SEEKING A VARIANCE OF
ARTICLE IV SECTION 412 OF THE TOWN OF WAPPINGER ZONING ORDINANCE TO
CONSTRUCT AN INGRESS/EGRESS OVER THE FRONTAGE OF THIS P'ROP'ERTY tnJ1ULD BE
AN ECONOMICAL AND AESTHETICAL DETRIMENT TO THE SITE BECAUSE OF THE AMOUNT
.OF MATERIAL WHICH WOULD HAVE TO EXCAVATED TO GAIN AN INGRESS/EGRESS
ACOE PIABLE TO BOTH THE TOWN OF WAPPINGER .AND NEW YORK STATE DEPARTMENT
n
_7
wF r '.�id'u�PORTATION STANDARD ON PROPERTY LOCATED ON THE EASTERN SIDE OF
R rJTE #9 BETWEEN FIVERS CORNERS ROAD AND OLD HOPEWELL ROAD AND BEING
PARCEL. #6157-02-..631659, IN THE TOWN OF WAPPIN�,�ER.
Mr. _rack Railing present.
Mr, Hi rk;al a : I'm sure Mr. Railing is not willing to go ahead with the
case with only two votes and one abstain.
Mr. Railing agreed.
Mr. Levenson: Just for the record, on March 27, 1900 the Fire Prevention
bureau signed by Chief Col den states in there report that there are no
to objections to the Variance request, based on the proposed entrance and
the proposed modifications.
Mr. Hirkala: I would hold .adjourn this case from the agenda until such
time as the other hoard member;: are present, so it would be a legal
weeti ng .
Mr. Levenson: What would he the time frame on this?
Mr. Hi r kal a: Would the hoard have an objection for waiting another 15
minutes.
The board had no objections.
The board adjourned for 15 minutes (8:00 p.m.)
Mr. Tompkins made .a motion to accept the January 27, 1990 minutes with
the corrections on Page 3 set hack and error.
Mrs. Roe seconded the motion.
Vote. All ayes.
The motion carried.
Mr. Tompkins made a motion to accept the minutes with the following
corrections on Fuge 2, last sentence, Mr. Tompkins: How legal is this
document? page 4, third sentence, Mr. O'Gorman: Yes. Page 7, last para
graph, her. Railing: The Ordinance in the Town of Wappi nger which you are
fully aware of under the requirements of Section 412 states that each and
every property owner in the Town of Wappi nger takes access for his property
;pace for a Town Road. Fuge 8, paragraph 2, The reason for the islands
being to wide for an entrance is from GOT standards
Mrs. Roe seconded the motion.
Vote: All ayes.
he motion carried.
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-rhe board resumed at 8.15 p.m.
Due 'to the ,absence of two board members BGHKR Realty was adjourn until
Apri 1 17 , 19901 at the Zoning Board of Appeals workshop meeting.
Mr•. Tompkins made a motion to adjourn the public hearing.
Mrs. w--conded the motion.
V,Dt All ayes.
The motion carried.
The meeting was adjourned at 8:25 p.m.
RPSpectful l y submitted,
Lia J. •cianna
Zoning Board Secretary
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