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2000-02-08 MINUTES APPROVED fEB 29 2000 Town of Wappinger Zoning Board of Appeals Summarized Minutes February 8,2000 page 1 ~ MINUTES Town of Wappinger Zoning Board of Appeals February 8,2000 Time: 7:30p.m. NY Town Hall 20 Middlebush Road Wappinger Falls, Members Present: Mr. Fanuele, Vice Chairman Mr. Warren, Member Mr. Prager, Member Mr. diPiemo, Member Mr. Lehigh, Chairman Members Absent: Others Present: Mr. Liebermann, Zoning Administer Ms. DiPaola, Secretary to Zoning SUMMARIZED Public Hearing: Maria & Bradley DiCairano - Granted Variance Discussions: '-" Kevin Kelley & Deborah Heath Albert Berberich - Public hearing 2/29/00 - Public hearing 2/29/00 Mr. Fanuele: Made a motion to open the meeting. Mr. Warren: Second the motion. V ote: All present voted aye. Mr. Prager: Made a motion that Mr. Fanuele be the acting Chairman. Mr. Warren: Second the motion. V ote: All present voted aye. Mr. Roberts: Mr. Chairman I would like to state for the record that I have given each of the board members a copy of the post stipulation in the matter of Imperial Improvement LLC against the Town of Wappinger Zoning Board of Appeals and Martin Foods of South Burlington Inc. I discussed this prior to the meeting, this stipulation settles the matter. In full it recinds the Board prior decision in the Hannaford case and it renders that decision moot. It allows the ZBA to reconsider the application after the Planning Board has complete the SEQRA process. It also allows any party to challenge it, if you re- grant the variance. I would like to have a motion that Mr. Fanuele to sign the stipulation on behalf of the Zoning Board so that the stipulation can be filed with the court. Mr. Prager: Made a motion to have Mr. Fanuele sign the stipulation on the behalf of the Zoning Board. Mr. diPiemo: Second the motion. Vate: All present voted aye. ~ MR. Fanuele: First I would like to go over the minutes from January 11,2000. I have a few changes. MINUTES APPROVED fEB 2. 9 2000 Zoning Board of Appeals Summarized Minutes February 8,2000 '- page 2 Mr. Prager: Made a motion to accept the January 11,2000 minutes as amended. Mr. Warren: Second the motion. Vote: All present voted aye. Mr. Fanuele: Next item on the agenda is a public hearing. I do not see the applicants. We will do the public hearing at the end of the meeting. DISCUSSIONS 1. Kevin Kelley & Deborah Heath - Seeking a 6 inch side yard variance for extension on house. The property is located at 25 Hilltop Drive in the Town of Wappinger. Mrs. Heath: We are trying to build an extension on the back of our house. Our house is not a straight line box. We want to extend that part of the back, to make it square. Ifwe go ahead with the square we need 7.5 inches instead of 6. Mr. Fanuele: So you need a 7.5 inch variance? Mrs. Heath: Yes, its a little under 8. It is easier to build a square box. Mr. Prager: It looks like it is not the whole length of that. Mrs. Heath: It is like a triangle. Mr. Fanuele: What is back here now? ......... Mrs. Heath: A swimming pool and a house for this lot and a house for this lot. Mr. Prager: How long have you lived there? Mrs. Heath: Since 1977. Mr. Fanuele: Anyone have any more comments or questions. We would have to set a public hearing and you would have to get all the mailings out. We will set a public hearing for February 29,2000. Public hearing February 29,2000 Mr. Prager: Made a motion to be Lead Agency. Mr. Warren: Second the motion. Vote: All present voted aye. 2. Albert Berberich - Seeking to have mobile home legal non conforming. The property is located at 79 Widmer Road in the Town of Wappinger. Mr. Jon Adams, Attorney for applicant and Albert Berberich is present for the discussion. Mr. Adams: This is an appeal from a order of remedy from the Building Inspector regarding manufactured homes. Each of these mobile home are a continuation of the non conforming use. Each of these units based on the property prior to the adoption of the Zoning Law in the Town of Wappinger. I have tonight for testimony, Judge Franchise and Ebert Rood. Both of them can offer testimony that 4 units were on the property prior to the Zoning Law. I also indicated in the application that one of these units is a double wide instead a single. If the ~ board favorably acts on our request for the interpretation, that these are legal non conforming units. I am not sure of the procedure for an interpretation, I'm not sure if you require a public hearing or not. If it is necessary that is fine. To avoid having them come back I would like them to do it tonight. MINUTES APPROVED FEB 29 2000 ~ Zoning Board of Appeal Summarized Minutes February 8,2000 page 3 Mr. Fanuele: The 2 gentleman did write a letter for the Interpretation. If they are here tonight they can come up and briefly talk about it. Mr. Vincent Franchise: As you know, I have known him for over 50 years. I can remember before I became a Town Board member, in 1963 we passed the first Town Zoning Ordinances. I know that the mobile homes were there before that. Mr. Ebert Rood: I own the property adjacent from the Berberich. The trailers were there when I bought the property and I used to pick up Albert's uncle to go to work and he lived there. Mr. Prager: At the time that Mr. Gunarue was mentioned, this is a letter back in September 30,1983. He was stating here that 2 mobile home existed prior. One unit is a year round use and the other is a part time use. The third is to be used for storage, unless there was a variance was granted. Was there ever a variance granted for the third one? Mr. Berberich: The part time one was used by my parent for the winter the other one was occupied by my uncle. They have always been occupied by family. Mr. Adams: There are 2 additional trailers there at that time? Mr. Berberich: They were all there. Mr. Liebermann: This all started when we got a letter from 911. Ifthere are 3 or more houses it has to be a street. I went to the Assessor's office and research for the property card, there were no records of the mobile home being there. Now the Assessor has it on record. You require a building permit for each mobile home. Mr. Berberich: I did not know that I needed one. I thought being that the trailers were grandfathered in I could do what I want, but I found out I can not do that. ~ Mr. Fanuele: We have to have a public hearing. Mr. Adams: The ordinance provide that we do notices direct. Do you want the property owners across the street too. Mr. Prager: That is what we normally do. Mr. Fanuele: We will set the public hearing for February 29,2000 Public Hearing February 29,2000. Mr. Fanuele: We will have a Site Inspection on February 19,2000 at 9:00 a.m. We can now go back to the first item on the agenda. PUBLIC HEARING Appeal No. 99-7037 at the request of Maria & Bradley DiCairano, who is seeking an area variance of Section 240-37 - Whereas 40 feet rear yard setback is required, the appellants can provide 28 feet rear yard setback, thus requestine 12 feet rear yard setback in order for existine pool to remain where it is. The property is located at 7 Blackthorn Loop in the Town of Wappinger. The Zoning Board of Appeals has not made a determination of significance pursuant to the State Environmental Quality Review Act and hereby reserves its right to make such determination after the conclusion of the public hearing. Mr. Prager: Made a motion to open the public hearing. Mr. Warren: Second the motion. ........ Vote: All present voted aye. Mr. Fanuele: Can you state what you are asking the variance for. MINUTES APPROVED FEB 292000 Mrs. DiCairano: For the existing pool to remain where it is. Mr. Prager: How long has the pool been there? Mrs. r:>iC~irano: Its been there for 14 years. We are trying to sell the ho h Mr. DICmrano : 12 feet use, we are sort... Mr. Prager: We did have a site inspection on it. It didn't look to me that you did not have m h f h' put the pool anywhere else. I also notice the big rock out in front of it. uc 0 a COlee to Mr. Fanuele: I feel the same, it seems that is the way the slope ofthe land is. Anyone in the audience want to speak for or agamst the public hearing. No one spoke for or against the variance. Zoning Board of Appeals Summarized Minutes February 8,2000 page 4 ~ Mr. ~r~ger: Made a motion to close the public hearing. Mr. dlPlemo: Second the motion. Vote: All present voted aye. Mr. Prager: Made a motion for a negative declaration. Mr. diPiemo: Second the motion. V ote: All present voted aye. Mr. Prager: Made a motion for the variance to be granted Mr. diPiemo: Second the motion. Roll Call: Mr. Prager aye Mr. Warren, aye Mr. diPiemo, aye Mr. Fanuele, aye ........ Mr. Fanuele: It is not an undesirable change. It is about a 30% substanical. It does not have any effect on the Environment. Mrs. Pace was asking questions after the meeting was over about the Berberich property. Mrs. Pace: Who supplied the trailers for that property? Shouldn't the person that supplied the trailers tell them that they need a permit for that. Mr. Liebermann: I would like to know too. Mr. Prager: That is why we are going to see it. Mr. diPierno: Made a motion to adjourn the meeting. Mr. Prager: Second the motion. V ote: All present voted aye. MEETING ADJOURNED '8:00 p.m. - Respectfully Submitted, ,'.. t f . \) !J ~ IV1},'::'" ,("1.,,,,,:,_ L)\ ,c,.(,'-( ~1~ Christina DiPaola, Secretary