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2003-01-22 ZONING BOARD OF APPEALS January 28,2003 Revised January 22, 2003 ........ Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: January 28, 2003 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappingers Falls, NY Approve Site Minutes for January 15, 2003. Adjourned Public Hearing: Appeal No. 02-7150 Wappini:er Falls Toyota-Subaru -Seeking an area variance of Section 240-23 of District Regulations in an HB Zoning District. Where the code states, no alare bevond the DrODerty line in excess of 0.5 foot-candles is reauired, the applicant is DroDosina a ranae between .1 and 2.7 foot-candles alona the Route 9 DroDerty line, thus reauestina a variance on the liahtina Dlan as set forth on the Dhotometric maD. The property is located at 1349 Route 9 and is identified as Tax Grid No. 6157-02- 585606 in the Town of Wappinger. ........ Appeal No. 02-7144 Phil & Vicki Grillot -Seeking an area variance of Section 240-37 of District Regulations in an R- 40 Zoning District. Where a frontai:e of 50 feet is required, the applicant is proposing a frontai:e of 20.28 feet, thus requestini: a variance of 29.72 feet. The property is located on Diddell Road and is identified as Tax Grid No. 6359-02-630650 in the Town of Wappinger. Public Hearing: Appeal No. 02-7153 Performance Motors -Seeking a area variance of Section 240-23 of District Regulations in an HB Zoning District for the following: ~ 1 '........ ZONING BOARD OF APPEALS January 28, 2003 Where the code states, no alare beyond the property line in excess of 0.5 foot-candles is reauired, the applicant is proposina a ranae maximum of 1.4 foot-candles alona the property line, thus reauestina a variance of .9 foot- candles over the maximum permitted. -Seeking a area variance of Section 240-96 (B)(1) of District Regulations in an HB Zoning District for the following: Where an aisle width of 26 feet is required for 18 foot deep parking spaces, the applicant is proposinl: an aisle width of 25 feet. thus requestinl: a variance of 1 foot for the aisle width. The property is located at 1401 Route 9 and is identified as Tax Grid No. 6157- 02-598733/597715 in the Town of Wappinger. ......... Appeal No. 02-7152 Stephen Thone -Seeking an area variance of Section 240-37 of District Regulations in an R- 15 Zoning District. Where a side yard of 15 feet is required, the applicant is proposing a side yard setback of 10 feet for a 15 X 18 foot pool deck, thus requestinl: a variance of 5 feet. - Where a rear yard setback of 30 is required, the applicant is proposing ~ rear yard setback of 26 feet for a 15 x 18 foot pool deck, thus requestinl: a variance of 4 feet. The property is located on 8 Malstrome Road and is identified as Tax Grid No. 6158-02-983535 in the Town of Wappinger. Discussions: Appeal No. 03-7154 Stear Subdivision-Lots 1 and 2 -Seeking an area variance of Section 240-20 of District Regulations in an R- 40 Zoning District. The applicant is proposing access from the rear of the property, utilizing an adjacent paper road. The property is located on Pine Ridl:e Drive and is identified as Tax Grid No. 6256-02-767947/784956 in the Town of Wappinger. Appeal No. 02-7155 Ron & Alyson Chul:erman -Seeking an area variance of Section 240-37 of District Regulations in an R- 40 Zoning District. --- 2 "-" ZONING BOARD OF APPEALS January 28, 2003 - Where a rear yard setback of 50 is required, the applicant is proposing !! rear yard setback of 24.2 feet for an addition with a deck, thus requestinl: a variance of 25.8 feet. The property is located on 3 Stenl:er Court and is identified as Tax Grid No. 6056-01-388895 in the Town of Wappinger. Appeal No. 02-7156 Jeff Hunt -Seeking an area variance ofChapterl33-l6(a) of the Code of the Town of Wappinger. The code requires that any Residential Structure in a AE flood zone have the lowest floor elevated to or above the Base Flood Level. The applicant's basement is at 260.7 feet, where it should have been placed at the flood level of 264 feet elevation. The property is located on 1061 Route 376 and is identified as Tax Grid No. 6358-03-414490 in the Town of Wappinger. ........ "-" 3 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of January 28,2003 MINUTES Zoning Board of Appeals January 28, 2003 Summarized Minutes Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Lehigh, Mr. Prager, Mr. diPierno, Mr. Warren, Mr. Fanuele, Chairman Vice-Chairman Member Member Member r-: ~ -, ,.~ ~_ ..... ~ _."".....\0.- Others Present: Mr. AL Roberts, Town Attorney Mr. Graham Foster, Highway Superintendent Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary SUMMARY Adjourned Public Hearing: Wappinger Falls Toyota Phil & Vicki Grillot V oted to grant variance. Variance not needed, but sight easement required. Public Hearings: Performance Motors Stephen Thone V oted to grant variance. V oted to grant variallce. Discussion: Stear Subdivision Ron Chugerman Jeff Hunt Must submit maintenance agreement. Public Hearing on February 11,2003. Needs to re-submit. Town of Wappinger Zoning Board of Appeals ......... Mr. Warren: Mr. Prager: Vote: Page 2 Minutes of January 28, 2003 Motioned to approve Site Minutes for January 15, 2003. Second the motion. All present voted aye. Appeal No. 02-7150 Wappin~er Falls Toyota-Subaru -Seeking an area variance of Section 240-23 of District Regulations in an HB Zoning District. Where the code states, no alare beyond the DroDertv line in excess of 0.5 foot-candles is reauired, the applicant is DroDosina a ranae between .1 and 2.7 foot-candles alona the Route 9 DrODertv line, thus reauestina a variance on the liahtina Dlan as set forth on the Dhotometric maD. The property is located at 1349 Route 9 and is identified as Tax Grid No. 6157-02- 585606 in the Town of Wappinger. Present: ......... Mr. Prager: Mr. diPiemo: Vote: Mr. Lehigh: Mr. diPierno: Mr. Prager: Roll Call: Mr. Prager: Mr. diPiemo: Vote: Mr. Prager: Mr. diPiemo: Roll Call: ""'" Phil Hamburger Lee Bums Motion to open the Adjourned Public Hearing. Second the motion. All present voted aye. We went over this at length at a special meeting with the Town Planner Mr. Wery. Read the resolution for a Neg. Dec. from Dan Wery. Does anyone on the board have any further questions? Hearing none. Motion for a Neg. Dec. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Aye. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the lighting plan. Second the motion. Mr. Warren: Aye. Town of Wappinger Zoning Board of Appeals Mr. diPierno: Mr. Prager: Mr. Fanuele: Mr. Lehigh: ........... Page 3 Minutes of January 28, 2003 Aye. Aye. Nay. Aye. Appeal No. 02-7144 Phil & Vicki Grillot -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. Where a frontage of 50 feet is reQuired, the applicant is proposing a fronta2e of 20.28 feet, thus requestin2 a variance of 29.72 feet. The property is located on Diddell Road and is identified as Tax Grid No. 6359-02-630650 in the Town of Wappinger. Present: Mr. Warren: Mr. diPierno: Vote: Mr. Roberts: ........~ Mr. Lehigh: Mr. Koehler: Mr. Roberts: "'-- Dan Koehler Mr. Grillot Motion to open the Adjourned Public Hearing. Second the motion. All present voted aye. I have examined this case with Tania, Graham and Dan Wery. We are not exactly sure how this got here and it may have been a mistake, but the record reflects that this property was a mis- configuration that pre-dates the zoning ordinance. Under our Zoning Code #240-18, there are standards to determine what you can do with lots that do not meet the minimum requirements and basically if it pre-dated zoning and meets all the other standards except minimum lot frontage, area and width, they would be entitled to a permit. The issue in this particular case seems to be the sight distance. The applicant has produced a document to re-locate some shrubbery and trees with his neighbor back approximately 13 feet. To maintain the sight easement on Diddell Road seems minimal. I believe Graham agrees with me. Once that area is cleared though there is nothing to prevent that area from being re-stocked with shrubs, so it seems for safety reasons that the applicant should obtain a permanent easement to maintain the sight distance. Do you understand that? If I don't need a variance here, then what? You need to get through the Highway Superintendent. It would be a requirement of obtaining a driveway permit. Town of Wappinger Zoning Board of Appeals Mr. Koehler: ~ Mr. Roberts: Mr. Prager: Mr. Warren: Vote: Page 4 Minutes of January 28, 2003 I don't know what the neighbor will say about a permanent sight easement? So if we don't need a variance, then we can handle this at a later date. Talk to Helmeyer. I think with minimal effort you may resolve this. It's a legal lot, but you must meet legal sight distance. Motion to close the Public Hearing. Second the motion. All present voted aye. Appeal No. 02-7153 Performance Motors -Seeking a area variance of Section 240-23 of District Regulations in an HB Zoning District for the following: Where the code states, no alare beyond the DrODertv line in excess of 0.5 foot-candles is reauired, the applicant is DroDosina a ranae maximum of 1.4 foot-candles alona the DrODertv line, thus reauestina a variance of .9 foot- candles over the maximum Dermitted. -Seeking a area variance of Section 240-96 (B)(1) of District Regulations in an HB Zoning District for the following: Where an aisle width of 26 feet is required for 18 foot deep parking spaces, the applicant is proposinl! an aisle width of 25 feet, thus requestinl! a variance of 1 foot for the aisle width. The property is located at 1401 Route 9 and is identified as Tax Grid No. 6157- 02-598733/597715 in the Town of Wappinger. ..... Present: Mr. Prager: Mr. diPierno: Vote: Mr. Cerniglia: Mr. Lehigh: Mr. Prager: Mr. Warren: Mr. Prager: Vote: .......... Phil Cerniglia Motion to open the Public Hearing. Second the motion. All present voted aye. We need to light the new lot and this is a difficult layout and the Town's standards are low to accommodate this site. Our variance is to exceed the town code in order to safely light the site. I have a letter from the Planning Board dated December 2nd, 2003 which was a recommendation. I also have the short EAF form. You'll handle the lights better in Phase II. Motion to grant a Neg. Dec. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals ""-"- Mr. Fanuele: Mr. Prager: Vote: Mr. Fanuele: Mr. diPiemo: Roll Call: Page 5 Minutes of January 28,2003 Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the variance. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Aye. Appeal No. 02-7152 Stephen Thone -Seeking an area variance of Section 240-37 of District Regulations in an R-l5 Zoning District. Where a side yard of 15 feet is required, the applicant is proposing a side yard setback of 10 feet for a 15 X 18 foot pool deck, thus requestin~ a variance of 5 feet. - Where a rear yard setback of 30 is required, the applicant is proposing a rear yard setback of 26 feet for a 15 x 18 foot pool deck, thus requestin~ a variance of 4 feet. The property is located on 8 Malstrome Road and is identified as Tax Grid No. 6158- 02-983535 in the Town of Wappinger. ""-"- Present: Mr. Prager: Mr. diPiemo: Vote: Mr. Thone: Mr. Prager: Mr. Lehigh: Mr. Prager: Mr. Warren: Vote: Mr. Fanuele: Mr. Prager: Vote: ."""" Stephen Thone Motion to open the Public Hearing. Second the motion. All present voted aye. I'm re-financing and I'm here to clear up my violation on an existing pool deck. I went the next day and did notice some shrubbery and fencing, is that your property? (Yes.) Is there any other questions? Hearing none. Motion to grant a Neg. Dec. Second the motion. All present voted aye. Motion to close the Public Hearing. Second the motion. All present voted aye. Page 6 Town of Wappinger Zoning Board of Appeals ......... Mr. Prager: Mr. Fanuele: Mr. Warren: Roll Call: Minutes of January 28,2003 Motion to grant the variance. But leave the three trees there. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Aye. Appeal No. 02-7155 Ron & Alvson Chu~erman -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a rear yard setback of 50 is required, the applicant is proposing a rear yard setback of 24.2 feet for an addition with a deck, thus requestin2 a variance of 25.8 feet. The property is located on 3 Sten~er Court and is identified as Tax Grid No. 6056-01- 388895 in the Town of Wappinger. Present: "'-" Mr. Chugerman: Mr. Fanuele: Mr. Chugerman: Mr. diPiemo: Mr. Chugerman: Mr. Prager: Mr. Chugerman: Mr. Lehigh: Mr. Chugerman: Mr. Lehigh: ......... Ron Chugerman I need this addition because I have 2 kids and we need more room. What's behind you? Neighbors rear yard. Do you have a rear deck now? Yes. This looks like a very long driveway? Yes it is, it runs along the power lines. I want to put the addition on the house and reattach the deck. Are you doing this yourself? No, but I haven't hired a builder yet until I knew I could get a vanance. Is this a 2-story? Town of Wappinger Zoning Board of Appeals Page 7 Minutes of January 28,2003 Mr. Chugerman: Not yet but it will be. '- At this time the board looked at Mr. Chugerman's drawings at the dais. Mr. Lehigh: I would like to see measurements of the height, width and length of the addition. I will set a site visit for Saturday, February 1, 2003. We'll come out around 9:00 am and we'll set your Public Hearing for February 11,2003. Appeal No. 02-7156 Jeff Hunt -Seeking an area variance ofChapter133-16(a) of the Code of the Town of Wappinger. The code requires that any Residential Structure in an AE flood zone have the lowest floor elevated to or above the Base Flood Level. The applicant's basement is at 260.7 feet, where it should have been placed at the flood level of 264 feet elevation. The property is located on 1061 Route 376 and is identified as Tax Grid No. 6358-03- 414490 in the Town of Wappinger. Present: Jeff Hunt Mr. Lehigh: It says here that the surveyor made a mistake. Mr. Hunt: He gave us the original benchmark before we started the house and we built the house according to that benchmark. Then he came and did a final on it and we got a whole different grade. According to the surveyor, the man missed a shot. Then on the final he picked it up. So it's corrected now but the house is up and finished. .'-- Mr. Pager: How long is the house up? Mr. Hunt: About a year ago. Mr. Lehigh: What are you looking for from us? Ifwe grant you the variance you are still below the flood plain. Mr. Hunt: We are trying to get the CO on it and we discussed it with the Town Engineer and Attorney and we are trying to figure out the best way to go about this to get the CO. If the stream overflowed, the house is 1500 to 1800 feet away and there is also a knoll there for a buffer. Mr. Lehigh: Is this 2 feet or 4 feet too low? Mr. Hunt: It's really 2 feet ',- Page 8 Town of Wappinger Zoning Board of Appeals Mr. Roberts: '-" Mr. Lehigh: Mr. Roberts: Mr. Hunt: Mr. Roberts: Mr. Lehigh: Mr. Fanuele: Mr. Roberts: '-" Mr. Lehigh: Mr. Hunt: Minutes of January 28, 2003 I think we need to clear the record here. I think we need to be very specific in the determination of what the actual flood level is and what requirements you should have meet and preciously what variance you are seeking. You need to get your engineer to clarify the record. Then our engineer must review it. You need to state exactly what you want. I would suggest you have your engineer do some of the preparatory work before it goes to Jay Paggi's office. Jay has the final plot plan that shows.... Jeff, you're not hearing me. You have to support you're request with engineering data. Then that data that you submit to this board will then be reviewed by Jay. Then he will advise this board. I know it seems like duplication, but that's the way it has to be. What happens ifit does flood? How does the Town protect itself to be harmless after granting a variance? That's a separate issue. We could require a restrictive covenant to be indexed indicating the circumstances under which the CO was issued. So that future property owners would be aware that it is below the minimum requirements. One of the conditions would be the recording of an agreement. It will need to go to the Town Engineer and a copy to AI's office. There's no point setting a Public Hearing until we get this information. Then we'll go look at the property and set a Public Hearing. OK? Thank you. Appeal No. 03-7154 Stear Subdivision-Lots 1 and 2 -Seeking an area variance of Section 240-20 of District Regulations in an R-40 Zoning District. The applicant is proposing access from the rear of the property, utilizing an adjacent paper road. The property is located on Pine Ridl!e Drive and is identified as Tax Grid No. 6256-02-767947/784956 in the Town of Wappinger. Present: ......... Dan Koehler Angela Ginsberg Town of Wappinger Zoning Board of Appeals ~ Mr. Koehler: Mr. Prager: Mr. Koehler: Mr. Lehigh: Mr. Koehler: Mr. Foster: "-'- Mr. Roberts: Mr. Lehigh: Mr. Roberts: Mr. Foster: Mr. Lehigh: Mr. Foster: ',-", Page 9 Minutes of January 28, 2003 The Stear Subdivision was filed on 12/11/94 with a paper road in the rear, which is unimproved. It has health dept. approval and a building permit for both lots. Mrs. Ginsberg called Graham and he came out to look at it. There are sight distance issues on Pine Ridge Drive because of a very steep grade. So now we are looking at coming in the rear off of Forest View Road, which is a paper road. We want to gain access from the back because it is safer and more practical. I don't see this on the map? Look at the filed map. Are you putting the road in? It wasn't our intention. Everyone at this point was at the dais looking at the maps and discussing the project. When I first got involved the driveway seemed to be 15%. Historically if it went 15.1 % we would not issue a CO and they always seem to go over a little of what was intended. It would be critical that the elevations of the house would have to be dead on and the driveway would have to be graded extremely close. But if they choose to go through Forest View they will need to bring it up to current highway spec. It will have to be paved, a minimum of 12 feet wide, ifit's over 500 feet there will have to be a pull off. If they didn't have a deeded ROW, we wouldn't even be here. You will need to pave to here. I don't know why they need us. They have public access in the front on Pine Ridge Drive and this is not an accepted Town road. So they need a variance to use the back of the property and they must build the road to highway specs. I can meet the board out there for a site visit. Yes, we want a site visit, how is Saturday morning at 9:30 am. That's fine. Town of Wappinger Zoning Board of Appeals ~ Mr. Prager: Mr. Koehler: Mr. Lehigh: Mr. Koehler: Mr. Lehigh: Mr. Roberts: Mr. Lehigh: Mr. Prager: Roll Call: ....... Mr. Prager: Mr. Warren: Vote: Page 10 Minutes of January 28,2003 I would like a copy of the older maps. Fine, I will supply them before Saturday. Barbara, please send a copy of this application to the Fire Prevention Bureau, Mr. Paggi, Mr. Foster and Mr. Roberts. So we'll see you Saturday and then get you back on the agenda. Thank you. I have a resolution to adopt Roberts Rules of Order. All statutory provisions apply. Read the resolution to adopt Roberts Rules of Order. Motion to accept. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Aye. Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:45 PM ........ Respectfully Submitted, G2 . /7 . _~h[~af-~ . 'HitU'1 Ba~,fu;berti, Secretary Secretary - Zoning Board of Appeals