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2000-08-08 . , M1r)UTES APPROVr=O Town of Wappinger Zoning Board of Appeals AUb 2 3 2000, MEETING DATE: August 8,2000 '-" TIME: 7:30 p.m. Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Lehigh, Chairman Mr. Warren, Member Mr. Fanuele, Vice Chairman Mr. diPierno, Member Mr. Prager, Member Others Present: Mr. Roberts, Attorney to Town Ms. Lukianoff, Zoning Administer Ms. DiPaola, Secretary to Zoning SUMMARIZED Public Hearings: J on Adams Mid-Hudson Develop. - Interpretation upheld - Variance Granted with conditions - Variance granted with screening Michael Wintner Craig Sinn Albert Berberich - Public Hearing 8/22/00 - Public Hearing 8/22/00 Discussions: Appeal No. 00-7058 - At the request of Jon Adams, who is seeking an interpretation of Section 240-94 and 240-97 - General and Schedule of off Street Parking - To appeal the determination of the Zonine ....... Administer letter dated May 1.2000 of off street parkine stall is 734 parkine spaces. The property is located at Route 9 and Wappinger Plaza and is identified as Tax Grid No. 6157-02-635974 in the Town of Wappinger. Jon Adams is present for the meeting. Steve Reilly Hannaford's attorney is present for the meeting. Mr. Warren: Made a motion to open the public hearing. Mr. diPierno: Second the motion. V ote: All present voted aye. Mr. Adams: This is appeal from the interpretation ofthe Zoning Administer dated May 1,2000. (Mr. Adams reads part of the letter from Mr. Liebermann). The purpose of my appeals is the expansion of the building and demolishing of the building. Once you demolish the building the variances that are attached to it disappear. Once someone comes in you need new variances with the new building. Mr. Reilly: I am here on behalf of Hannaford. As this board recalls there was already an appeal to the board regarding the number of parking spaces. Mr. Adams was here at every meeting. As I remember Mr. Adams put forth the same argument that he is putting before you now. "-" Mj~JUTES APPROVED AUG 2 3 2000 Planning Board Summarized Minutes August 8,2000 page 2 .'-- This board rejected that argument in Appeal No. 99-7032. There has not been any new evidence since that decision was made. I feel that this matter has already been decided. The is no laps to it and no limitation to it. In deciding in Appeal No. 99-7032 the board also determine that there would be sufficient number of parking. There is suppose to be a letter from the owner stating that Mr. Adams has permission to appeal this appeal against Hannaford. I did not see a letter from the owner. In conclusion I feel that the determination should be upheld by the Zoning Board. Mr. Adams: A consent was filed with the application and signed by the owner of the property. Mr. Fanuele: Anyone in the public who would like to speak for or against this variance. (No one spoke for or against this project). Mr. Prager: Made a motion to close the public hearing. Mr. Warren: Second the motion. "'-" Vote: All present voted aye. Mr. Lehigh: Made a motion to have the resolution stand as it was granted before. There were no changes since then. Second the motion. Mr. Prager, aye Mr. Lehigh, aye Mr. Warren, aye Mr. diPiemo, aye Mr. Fanuele, aye Mr. diPiemo: Roll Call: Mr. Prager: Mr. Warren: Vote: Made a motion to accept the July 25,2000 minutes Second the motion. All present voted aye. Appeal No. 00-7057 - AT the request of Mid-Hudson Development, who are seeking 2 variances of Section 240-37 - District Regulations - Whereas a 40 foot side yard setback is required, the appellants are proposing 36 feet side yard variance, thus requestine 4 feet side yard setback in order to have existine house comply with code. Whereas 40 foot side yard setback is required, the appellants are proposing 28 foot side yard variance, thus requestine 12 foot side yard setback in order to have existine deck comply with code. The property is ........located at Red Hawk Hollow Road Lot #3 and is identified as Tax Grid No. 6359-02-882592 in the Town of Wappinger. MINUTES APPROVED ~AUG 2 3 2000 Zoning Board of Appeals Summarized Minutes August 8,2000 page 3 ",..,... Chris Sollecito is present for the meeting. Mr. Prager: Made motion to open the public hearing. Mr. diPiemo: Second the motion. V ote: All present voted aye. Mr. Sollecito: It is a construction of a new dwelling. During the construction of the house and deck I think the stakes were moved by mistake and the house was built and we didn't realize it until after we finished the house. Mr. Lehigh: Is the deck the only thing that does not comply? Mr. Sollecito: No, we also need a 4 foot variance for the house. Mr. Prager: Was there an inspection done while building the house. Mr. Sollecito: The only thing they check for is the depth of the deck and the footings for the house. They don't go step by step. '-' Mr. Lehigh: Can the deck go anywhere else behind the house? Mr. Sollecito: Not really, there is an exterior entrance on the back of the house. Mr. Prager: When we came out for the site inspection, we discussed moving the deck down a bit. Mr. Sollecito: We discussed moving it about 8 feet. That is a possibility. Mr. Prager: Ifwe did that how many feet would you have then? Mr. Sollecito: We would pick up about 4 or 5 feet. Instead of asking for a 12 foot variance we would ask for a 8 foot variance. Mr. Fanuele: How big is the lot next to you? Mr. Sollecito: It is about 7 acres. They are all big lots, but all the lots are set back about 300 feet from the road. Mr. Prager: I would like to see the measurement if you can move the deck in a bit by the door in the back. Mr. Sollecito: I have no problem doing that. If! have about 10 minutes I can do some measurements to show you. Mr. Lehigh: We will adjourn this until the end of the next appeal. Diana Estramaria: I appreciate you taking your time reviewing this. I would like you to know that if you move the deck by the door it would be a hinder to me. If you had to move it in that would be better for '-'" me. Mli\!UTES APPROVED 'AUG 2 3 2000 Zoning Board of Appeals Summarized Minutes August 8,2000 page 4 ~ Mr. Prager: Mr. Lehigh: Vote: Made a motion to adjourn the public hearing until after the next public hearing. Second the motion. All present voted aye. Appeal No. 00-7059 - At the request of Michael & Dawn Wintner. who is seeking 2 variances of Section 240-37 - District Regulation - Whereas 40 foot side yard variance is required, the appellants are proposing 11 foot side yard variance, thus requestin~ 29 foot side yard variance: Whereas 40 foot side yard variance is required on the south side, the appellants are proposing 35 foot side yard variance on the south side, thus requestin~ 5 foot side yard variance on the south side in order to construct an above 2:round swimmine pool. The property is located at 174 Old Route 9 and is identified as Tax Grid No. 6156-02-827631 in the Town of Wappinger. Michael Wintner is present for the meeting. Mr. Warren: Made a motion to open the public hearing. ~ Mr. Prager: Second the motion. V ote: All present voted aye. Mr. Wintner: I would like to install a pool. The problem is the layout of my property and where the septic is located. That is the only place I can place it. Mr. Prager: This is for 2 side yard variances? Mr. Wintner: Yes. One side there is woods and the other side is my neighbor. Mr. Lehigh: Which is the side you are going to be closer to? Mr. Wintner: My neighbor's. Mr. Prager: What about if you move the pool over closer to the other side? Mr. Wintner: There are all trees on that side and there are really big roots that come out of the ground. Mr. Fanuele: What is on the left side by your neighbor? Mr. Wintner: There are trees over there, but the trees arc spaced out. Mr. Fanuele: I think as along as he puts some kind of screening along the property line there isn't a problem with the variance. This is an odd shape lot. Mr. Wintner: That is the only place that I can put the pool. If you go further back it gets wetter further back. '-'" Mr. Fanuele: What about if you put bushes along your neighbors? Mli\iUTES APPROVED tAUG 2 3 2000 Zoning Board of Appeals Summarized Minutes August 8,2000 page 5 ......... Mr. Wintner: I talked to my neighbor about he has no problem with it. My wife wanted to put bushes there anyway. I have no problem doing that. Mr. Fanuele: Made a motion to close the public hearing. Mr. Prager: Second the motion. V ote: All present voted aye. Mr. Fanuele: Made a motion for a negative declaration. Mr. Prager: Second the motion. V ote: All present voted aye. Mr. Fanuele: Made a motion to grant the variance with the condition that the applicant puts some kind of screening on the left hand side of the property, Mr. diPiemo: Second the motion. Roll Call: Mr. Prager, aye Mr. Warren, aye Mr. diPiemo, aye Mr. Fanuele, aye Mr. Lehigh, aye ........ CAME BACK TO THE PUBLIC HEARING FOR MID-HUDSON DEVELOPMENT. Mr. Sollecito: The way the deck sits now, it is just under a 12 foot variance. The measurement comes out as 28.28. That works out just under 30%. Ifwe move the deck over 8 feet, it will be about 32 feet, so we would need a 8 foot variance. This deck is very low to the ground. It is not an eye soar to anyone. Mr. Fanuele: How high is the deck? Mr. Sollecito: It is about a foot off the ground. Mr. Lehigh: Ok, we have shorten up the deck variance to 8 foot variance instead of a 12 foot variance. Does it affect the door now? Mr. Sollecito: I moved it as far over as I can so it would not affect the door. Mr. Lehigh: As of now you are requesting a 4 foot variance for the house and a 8 foot variance for the deck? Mr. Sollecito: Correct. Mr. Prager: Made a motion for a negative declaration. Mr. Warren: Second the motion. '-" V ote: All present voted aye. ~/i"\JTRS APPROVED Zoning Board of Appeals Summarized Minutes August 8,2000 page 6 tAUG 2 3 2000 ......... Mr. Prager: Made a motion to close the public hearing. Mr. diPiemo: Second the motion. Vote: All present voted aye. Mr. Prager: Made a motion to grant the variances for 4 feet for the house and 8 feet for the deck by moving the deck over by the door. Second the motion. Mr. Prager, aye Mr. Fanuele, aye Mr. diPiemo, aye Mr. Warren, aye Mr. Lehigh, aye Mr. Warren: Roll Call: DISCUSSIONS 1. Craie Sinn - Seeking an area variance to construct an open wood deck. The property is located at 13 Kendell Drive in the Town of Wappinger. Craig Sinn is present for the meeting. Mr. Sinn: ....... I have installed a 24 foot above ground pool. At the time we didn't have a plan for the deck. Once we did design one it is an L shape deck. Since it will be wrapped around the back of the pool, it extends 5 feet over. The back property line is conservation district. Mr. Fanuele: What is the setbacks for the Conservation Subdivision? Ms. Lukianoff: I found some documents pertaining to that and it was hand written stating the setback requirements. That is what I used. Mr. Sinn: I was told the setbacks too. Mr. Roberts: I believe that there is a filed declaration of covariance and restrictions in the Town Hall. Also the resolution of approval would have pertained to the setbacks. It also should have been noted on the map. Mr. Lukianoff: It was only hand written on the resolution. Mr. Prager: How long have you owned the property? Mr. Sinn: Since September 1999. Mr. Lehigh: We will have a public hearing August 22,2000 if we get all the information for that land. '-'" 2. Albert Berberich - Seeking an interpretation for the use of the land. The property is located at 79 Widmer Road in the Town of Wappinger. . . Ar t''' , ", '._j ,/ eLl AUG 2 3 2UOO Zoning Board of Appeals Summarized Minutes August 8,2000 page 7 """ Linda Berberich and Albert Berberich are present for the meeting. Mr. Berberich: I am here for a variance. Mr. Roberts: I think you are here for an interpretation, whether or not you require a non-conforming use of the trailers. This is going to have to be schedule for a public hearing. You will have to bring your witness in and they will have to testify for the interpretation. They will have to be sworn in and answer any questions that the Board may have. Any evidence or documents that you may have you will have to submit it. Mr. Lehigh: We have asked for a signed site plan, he has a drawing. The septic was not on there. It didn't say when it was approved. It has to be an accepted sewer system by the Board of Health, is it? Mr. Berberich: No. Mr. Lehigh: If the sewer system was accepted by the Board of Health, then I would know the date. Do you have anything of when the trailers were purchase, or telephone bills? '-' Mr. Berberich: Not as far as approval of septic systems. Mr. Lehigh: Normally when you put a house or trailer you have to have approved septic system. Mr. Berberich: This was done many years ago. No one has ever been near any properties that I own. Mr. Lehigh: So you don't have anything the substantiate your claim, expect your word? Mr. Berberich: I have documentation from people that knew the trailers were there. Mr. Lehigh: We will have a public hearing on August 22,2000 at 7:30 p.m. Mr. diPierno: Made a motion to adjourn the meeting. Mr. Prager: Second the motion. V ote: All present voted aye. MEETING ENDED 8:15 p.m. '-' Respectfully Submitted, Ckchtt'^^&-- D \rGd!e... Christina DiPaola, Secretary Zoning Board of Appeals