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2000-01-11 . I MINUTES APPROVED FEB 0 G 2000 Zoning Board of Appeals Minutes January 11,2000 page 1 ........ MINUTES Town of Wappinger Zoning Board of Appeals Meeting Date: January 11,2000 Time: 7:30 p.m. Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Member Mr. Lehigh: Chairman Mr. Fanue1e: Vice Chairman Mr. diPierno: Mr. Warren: Member Mr. Prager: Member Others Present: Ms. DiPaola: Secretary to Zoning Board of Appeals Mr. Liebermann: Zoning Administer SUMMARIZED Public Hearing: Troy & Shontae Swain - granted 2 feet side & rear - Public Hearing 1/25/00 Maria & Bradley DiCairano '-" Discussion: Oscar & Marie Fernandes - Mark Liebennann amended C/O - Go meet with Mark Liebermann Paul Post Mr. Lehigh: I would like to open the meeting of the Zoning Board. Mr. diPierno: Made a motion to open the meeting. Mr. Prager: Second the motion Vote: All present voted aye. Mr. Lehigh: I would like to have a roll call. Ms. DiPaola: Mr. Lehigh: here Mr. Prager: here Mr. diPierno: here Mr. Warren: here Mr. Fanuele: here Mr. Lehigh: I would like to have a motion on the minutes for December 14,1999 Mr. Prager: I just have a couple of quick changes. Mr. Lehigh: Ok Mr. Prager: On page 4 first sentence, I believe it was Mrs. Durr not Mr. Durr. The sixth line down myself Mr. Prager I think I make quite, not quiet. That is the only changes that I have. Mr. Lehigh: Anyone else? Mr. Prager: Made a motion to accept the December 14,1999 minutes as corrected. Mr. Warren: Second the motion. ........... Vote: All present voted aye. Mr. Lehigh: The first appeal tonight is..... MINUTES APPROVED FEB 08 2000 Zoning Board of Appeals Minutes January 11,2000 page 2 '- PUBLIC HEARING Appeal No. 99-7036, at the request of Troy and Shontae Swain, who is seeking an area variance of hiicle Y, Section 240-21 - Whereas 5 feet side yard setback is required, the appellants are proposing 1 foot side yard setback, thus requirine 4 feet side yard setback: Whereas 5 feet rear yard setback is required, the appellants are proposing 1 foot rear yard setback, thus requirine 4 feet rear yard setback in order to have existine shed to remain where it is. The property is located at 10 Tuscarora Drive 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. Y ote: All present voted aye. Mr. Swain: Sorry that we missed you the last time. Mr. Lehigh: That is Ok. State your case for the record as you did before. Mrs. Swain: Ok, we want to put a shed in our back yard for storage purposes and we require a 4 feet variance from each side. From the rear and side yard. '-" Mr. Lehigh: OK. Mr. Prager: So that primarily is 2 variances? Mrs. Swain: Yea. Mr. Lehigh: All right, anyone on the board have any questions? Mr. Fanuele: What is on the other side of the property? What is behind the shed? Anything? Mr. Swain: It's the other person's yard. Mrs. Swain: It is fenced in. Mr. Swain: That person is here. Mrs. Swain: It's a fenced in yard. Their property is fenced in and ours is not. The properties on both side of the fence where it meets the rear yard they have a fence there and the other side yard is fenced yard there too. Mr. Lehigh: Anybody else? Mr. Prager: No, I think basically what I stated before, that the way I figured it is a 80% variance and to me I think that is entirely too much. I believe that the shed... We did a variance on this before on the pool and at that time I do not believe that the shed was completed. Am I correct? Mr. Swain: No. Mr. Lehigh: Jerry? Mr. diPiemo: No comment. Mr. Lehigh: How difficult would it be to move that? Mr. Swain: I would have to restructure, and get a couple of guys to move it. Mrs. Swain: We have a swing set on the opposite side of our yard. We also have to move that in order to put the shed in that area. Mr. Lehigh: If you just move the shed over a couple of feet and up a couple of feet. ~ Mrs. Swain: Oh I see what you are saying. We have garden beds there, so we would have to pull those out of the ground. Those were already there when we bought the property. MINUTES APPROVED FEB 08 2000 Zoning Board of Appeals Minutes January 11,2000 page 3 ....... Mr. Fanuele: How high is the neighbor's fence? Mr. Swain: It has to be over 8 foot. At least 8 feet. Just the peak of the shed is... Mr. Fanuele: It's over 8 feet. Mr. Swain: Yea, probably over 8 feet. Mr. Fanuele: On the side and the rear? Mr. Swain: Yes in the back, because our fence is totally over the shed. It's about 2 feet. You have seen the peak of it. Mr. Fanuele: This yard is substandard yard of7500 square feet. Mrs. Swain: I know that it is less than 1/3 of an acre. We have a survey that we gave you guys last time for the pool. Mr. Fanuele: You are 7500 square feet. We do not go down that low, you would have to get 10,000 square feet, which is the area of Zoning. You have a smaller lot than 10,000 square feet. Mr. Lehigh: Well, how about splitting the difference with us. You are asking for 4 feet ca you jack it over a couple of feet. Mr. Swain: Which would come out to be how much each way? Mr. Lehigh: Instead of asking for a 4 feet variance you would ask for a 2 feet variance. Mrs. Swain: Ok. Mr. Fanuele: Can I talk about the neighbor's fence. Are you the neighbor? Mr. Benigni: Yes. Mr. Fanuele: Is your fence 8 foot high? ~ Mr. Benigni: No. Mr. Swain: Mine is. Mrs. Swain: Our ground level is higher than his. Mr. Lehigh: Do you want to state your name for the record. Mr. Benigni: Luigi Benigni: Mr. Lehigh: You are the next door neighbor right directly where the shed is on your side? Mr. Benigni: Yes, Well the shed is on the comer. Mr. Lehigh: Are you in the back yard then? Mr. Benigni: Yes. Mr. Lehigh: The fence is how high there you say? Mr. Bengini: My fence is about 4 feet. Mr. Lehigh: About 4 feet. Mr. Swain: The wooded fence is about 8 feet right? Mr. Benigni: Yea. Mr. Lehigh: Do you have any problems with this. Mr. Benigni: I do not mind this. Mr. Fanuele: What type of fence do you have? Mr. Benigni: Chained links. Mr. Fanuele: Chained links, so the light and sun can come through. Mrs. Swain: It was there when we bought the property. I really do not like it but it's there. Mr. Fanuele: You have a picket and chained linked fence? Mrs. Benigni: Yes. '-- Mrs. Swain: It's half. Do you remember when you were out there it was an old... Mr. Swain: It was there when we got there. Mrs. Swain: It was a half of fence, and it happens to be down there where the shed is. MINUTES A.PPROVED fEB 08 2000 Zoning Board of Appeals Minutes January 11,2000 page 4 ......... Mr. Fanuele: You live in the back? Mr. Benigni: Yes. Mr. Fanuele: Anybody that lives in the side? Is the fence on the side? What type offence is on the side? Mr. Swain: Right, yes. A chained link fence. Mr. Fanuele: A chained linked also. Did you get the lights to go through it. Mr. Swain: No, they have the lines in it. Mrs. Swain: They also have the wooden fence against that. They put 2 fences up. Mr. Swain: One here and then another wooden stockade fence against that. I do not know why. Mr. Fanuele: If I take you picket fence down then they still have another fence. Mr. & Mrs. Swain: Yes. Mr. Fanuele: Can you possibly plant some trees or bushes to soften the impact of your rear yard neighbor? Mr. Swain: That fence was there when we came. We just left it up there. Ifhe ever has a problem with it we will just take it down. Mrs. Swain: Our ground level is set higher than his, his is low ours is high. Mr. Lehigh: Any further discussion. Mr. Prager: Are we talking about moving it 3 feet away from the boundary and they will be asking for 2 feet. That will be 40%. Mrs. Swain: We have to take the garden bed up on the side. Mr. Swain: That's Ok. 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 on a negative declaration. Mr. Fanuele: Second the motion. V ote: All present voted aye. Mr. Fanuele: I feel that this is a small lot and the Zoning requires 10,000 square feet this lot is 7500. Ifwe agree on some bushes around the shed to soften the impact, I really do not have a problem in granting the variance. The variance when we look at it, it is more than the numbers it is the percentage. You have to look at the total problem It is not a very large lot. Mrs. Swain: No it is not. This is probably the last time you will see us here, because we do not have any more room. Mr. Fanuele: I would be happy with one foot. Mr. Prager: That is your motion just to leave it the way it is? Mr. Fanuele: With planting around to soften the impact with the neighbors. There is a fence on one side that they can barely see the shed and the other neighbor gets the bushes there to soften the impact. Mr. Lehigh: That's yours motion. Do I hear a second? No second. Mr. Lehigh: Can I hear a motion on a 2 feet variance on either side. Mr. Warren: Made a motion to grant the 2 feet side and rear yard variance with plantings. '-'" Mr. diPiemo: Second the motion. Roll Call. Mr. Lehigh: aye Mr. Warren: aye Mr. Fanuele: aye Mr. Prager: aye Mr. diPiemo: aye. MiNUTES APPROVeD FEB 08 2000 Zoning Board of Appeals Minutes January 11,2000 page 5 """ Mr. Prager: It will be granted within 5 days. Mrs. Swain: I just have a quick question. How did everything go the last time? Mr. Prager: That was not part of the discussion at all. That was not brought up at all. Mrs. Swain: Ok thank you. Mr. Lehigh: Next item on the agenda. 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 requestin2 12 feet rear yard setback in order for existin~ 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 aye. Mr. Prager: Are all the mailings in order? Mrs. DiCairano: We did not get the green slip back from Richard Lecter. '-"" Ms. DiPaola: Is that Ok. Mr. Prager: What? Mrs. DiCairano: It maybe in today's mail I do not know. I did not check. Mr. Lehigh: I think they are all suppose to be here. Mrs. DiCairano: At the last meeting I gave you the new address in Croton, but everything was still send to Wappingers. So there was a delay in receiving everything. Mr. Fanuele: Why was there a delay? Mrs. DiCairano: No one is living at the house right now. Mr. Fanuele: That house is empty? Mrs. DiCairano: Yes. I mention that at the last meeting. There was a flood and we were selling it. Mr. Fanuele: No one is living at your house? Mrs. DiCairano: No one is living at the house. Mr. Fanuele: Right that was sent back to somebody. Mrs. DiCairano: This was sent to our new address. Mr. DiCairano: The mail was being forwarded to our new address not sent back. Mr. Fanuele: This was address to you folks? Mrs. DiCairano: Yes, this is from the Town. By the time I got the stuff to send everything out, which I did about a week and a half ago. It took a little longer. Mr. Lehigh: You know we do the good service to you and if you got a neighbor that says they did not get notified properly and Article 78 its. You will be gone. I hate to tell you this but you have to come back to the next meeting. You are going to do the mailing all over again. Mrs. DiCairano: All over again? '-- Mr. Lehigh: You got to have those mailings. It affects you. Mr. Prager: They are just waiting for that one person. Mr. Lehigh: Ok, so you have to wait until it is returned. If you do not get it I do not know what happens. rv1i~IUTES APPFlOVEO FEB 08 2000 Zoning Board of Appeals Minutes January 11,2000 """ page 6 Mr. Prager: When did the other come back? Mrs. DiCairano: I got them back Thursday. Mr. Lehigh: That is part of the law. That is why you have to notify them. Mrs. DiCairano: Even if it was published in the newspaper? Mr. Prager: That way we have proof of it. Mr. DiCairano: Leave up to the Dutchess County Legislature. Mrs. DiCairano: Do we have to come back. I mean do we have to be here. Mr. Prager: Yea, you have to be here because it is a public hearing. Mr. Lehigh: You do not know if the person will come back and say anything. Mrs. DiCairano: I'm sure nothing, because he swims in the pool. Mr. Lehigh: I'm sorry there is nothing we can do you for this time. The next meeting is January 25,2000. We do not have a schedule out. Ms. DiPaola: I got it out. Mr. Lehigh: I am going to put you down for the 25th. Is that a problem? Mrs. DiCairano: Well yes, neither one of us lives in Dutchess County anymore. No one is in the house and we need to get it listed. Was there any problems with it when you went to look at it yourself? Mr. Lehigh: We cant really hold a hearing. We cant say anything unless it is a public hearing. Mr. Prager: Made a motion to withdraw his motion to open the public hearing. Mr. Fanuele: Second the motion. V ote: All present voted aye. ........ DISCUSSIONS 1. Oscar & Maria Fernandes - Seeking 2 variances, a rear and side yard setback for an existing shed to remain where it is. The property is located at 9 Beth Place. Mr. Lehigh: You want to come up and discuss what it is that you need. This is not a public hearing, this is only a workshop. Mrs. Fernandes: This shed has been an existing shed for about 14 or 15 years. When we first put it up we also had a in ground pool put in. At the time we thought we got building permits for both. I thought they were both approved and I found it wasn't the shed it was the electrical that they approved on the shed. Meanwhile we had the in ground pool put in, the pipes for the pool. That is what we use the shed for. They are all under the ground and everything. Mr. Lehigh: This is a wooden shed? Mrs. Fernandes: Yes, it was just sided. Mr. Lehigh: Is this on a permanent foundation? Mrs. Fernandes: Yes. Mr. Lehigh: It was on a permanent foundation. Mrs. Fernandes: Well, its not on a permanent foundation. It is in front of the shed The shed doesn't sit on concrete. ........ Mr. Prager: How long has the shed been there? Mrs. Fernandes: About 14 years. Mr. Prager: What are you trying to refinance? F,'Ir\iUrr:-s I\F'Pij0\7~D FES 08 2000 Zoning Board of Appeals Minutes January 11,2000 page 7 ""-" Mrs. Fernandes: Actually this is my 3rd time refinancing and I have never had a problem before. Now its come to find out its not legal. Mr. Lehigh: You are looking for a C/O? Mrs. Fernandes: Right. Mr. Prager: How long have you lived there? Mrs. Fernandes: 16 years. Like I said at the time when we got a permit for both. I couldn't even find the permit for the pool, but I had to get a copy and that's when they said you don't have one for the shed. Then come to find out they only gave me the permit for the electrical. Mr. Prager: When you put this pool in did the Town come out and inspected it. Mrs. Fernandes: Yes. Mr. Prager: You got a building permit for it? Mrs. Fernandes: Yes, like I said I cant find either one of them. Mr. Prager: Mark, do you have a record of that? Mr. Liebermann: I would have to look in the files. Mr. Prager: Look for a building permit for the pool and the shed. Mrs. Fernandes: The pool they supplied me with a copy, they had that. The other one they didn't have a copy of. Mr. Prager: Did you put the shed up yourself? Mrs. Fernandes: My husband, yes. Mr. Liebermann: Actually all I got on this was just the application for the permit. Paul was still here and he did '-" the C/O search. Lots of times, 15 years ago, when they were issued a permit for the pool and a building with. It might have been on the plan but was never added on the permit or the C/O. Mrs. Fernandes: They said they approved the electrical work on the shed. I don't know why they approved the electrical work. Mr. Liebermann: I will check on it. Mr. Lehigh: Do you want to check that out and let us know. Mr. Prager: Do you want to make a public hearing for it and then we can always cancel it. Mr. Lehigh: We will put you on for the 25th rather than hold you up. Ifthere isn't one I would like to go out and look at it. Mrs. Fernandes: Its right off of Widmer Road, its the small cuI de sac, its only 5 houses. Its not even on the map from what they say. Mr. diPierno: Where is it? Mrs. Fernandes: If you are coming from Villa Borghis its on left. Just before Wildwood Drive. Mr. Lehigh: When do you want to go up and look at this. You will have to call me up and let me know. Saturday the 15th. Site Inspection on Saturday January 15,2000. Mr. Lehigh: In the mean time she will look and see. Mrs. Fernandes: I couldn't believe it after all these years. Like I said this is my 3rd time refinancing, I have never had any problems. I tried to look through everything. I couldn't find it. Then they said they had a permit for a above ground pool. Mr. Lehigh: Let me find out. '-'" Mr. diPierno: Do you have a copy of the electrical inspection. Mrs. Fernandes: No I don't, I don't have anything. All I found was the building permit number. '-" Zoning Board of Appeals Minutes January 11,2000 page 8 Mr. Prager: Who was it that told you about the electrical. Ms. DiPaola: Claire. Mr. Prager: Maybe she might know. Mrs. Fernandes: She said maybe it was someone who was subcontracting or something back at the time. Mr. Prager: Yea, that shouldn't matter. Mrs. Fernandes: That is what she said. Mr. Prager: Yea, well the electrical. .... Mrs. Fernandes: Yea, right, that it is subcontracted. That is what she told me. Mr. Lehigh: If worse comes to worse there will be a public hearing on the 25th Check with her to see what you will have to do. You will have to get your mailings out. Mr. Prager: If you don't and it gets stretched out. Mr. Lehigh: Well, lets set it for the 25th and if we can we can. Mr. Fanuele: You have 10,000 square feet. Somewhere along the line the subdivision was approved for 15,000 square feet and got an extra 5,000 square feet for water and sewer. Mr. Prager: It says R-20 here. Mr. Lehigh: R-20? Mr. Fanuele: The Zoning says it was built as a R-15 but there was a bonus for sewer and water. Which means the variance is smaller than what you are asking for. Mrs. Fernandes: (She mumbled and talked low) The way the property is.... We didn't build the house. Mr. Prager: Do you have site plan for that? ~ Mrs. Fernandes: All I have is this and that is it. Mr. Prager: You have no site plan at all for the property? Mrs. Fernandes: Oh, I do. Mr. Prager: That is fine. If you can give that to Christina. Maybe we can get some copies of that. Mr. Liebermann: Christina can check the Tax map for the acreage. Mr. Prager: Ok, Christina maybe you can do that for us. Mr. Lehigh: Ok, then. Mr. Prager: Made a motion to be lead agency. Mr. diPierno: Second the motion. V ote: All present voted aye. Mr. Lehigh: Ok thank you. 2. Paul Post - Seeking a 10 feet side yard variance for an existing 24 feet above ground pool to remain where it is. The property is located at 20 Beatty Road in the Town of Wappinger. Mr. Post: When they installed the pool, they said that was the only place they can put it, because of the septic fields. If they put the pool over any further it will be in the septic fields. Mr. Prager: Who said that? Mr. Post: The people who put the pool in. Mr. Prager: Did you get a building permit? '-" Mr. Post: Yes sir. Mr. Prager: Did the Building Inspector come out? Zoning Board of Appeals Minutes January 11,2000 ~ p~9 Mr. Post: Yes. Mr. Prager: Did he measure it? Mr. Post: Yes. Mr. Prager: Did you get a C/O for the pool? Mr. Post: Yes, or he said that he couldn't give me a C/O I would have to go for a variance. Mr. Lehigh: Is this a new pool or old pool? Mr. Post: New pool. Mr. Prager: When did you build it? Mr. Post: About 1 year ago. I had the electrical inspected and that was Ok. The Building Inspector than came over. Mr. Prager: Who was that do you remember? Mr. Post: I probably have his name at home I'm not really sure. Mr. Liebermann: I didn't give him a denial letter on it. Mr. Fanuele: Did someone say that you were in trouble? Mr. Post: No, I guess on the final inspection, the building inspector came over to inspect it. He said it was to close to the neighbor's property and that I would need a variance. Mr. Fanuele: Was it installed in the original located on the map? Mr. Post: They moved it because the septic was so close to it. Mr. Prager: You don't know how we got this variance? Mr. Liebermann: I do not know how he got here. Mr. diPiemo: In order to come before us you have to have a rejection first. ~ Mr. Prager: Just out of curiosity I am a little confused. You say you had a final inspection. Was that recently or a year and half ago? Mr. Post: That was about 4 or 5 months ago. Mr. Liebermann: Paul Foody did it. Mr. Prager: Ok, I am trying to get it straight in my head, you put the pool in a year or year and half ago and they final got around to inspecting this. Mr. Post: Yea. The Building Inspector came over twice. He came over the latest one was about 3 months ago. He inspected it before. Mr. Prager: Ok. Mr. Lehigh: The same guy? Mr. Post: Yea. Mr. Prager: I assume when you went to put the pool in you came to get a building permit? Mr. Post: Yes. Mr. Prager: At that time did they asked you for a drawing? Mr. Liebermann: That time they would of approve it. Mr. Prager: Did you do that? Mr. Liebermann: You got a building permit, it would of went through Zoning with Don Close. Mr. Prager: Right. We have to find some paper work on this. Mr. Liebermann: You have to come in and see me, we are going to look to up the permit, if you are in violation I will have to write a denial letter. Mr. Prager: That has to come first. Right now you are putting the cart ahead of the horse. Mr. Post: Ok. ~Mr. Prager: Then we will know what you really need to do. Mr. Liebermann: I would have to check the original permit, and find out what happened. ........ Mr. Prager: Yea, do that. Mr. Post: Ok. Mr. Prager: You have to come and see the Zoning Administer. Mr. Post: Thank you. Mr. Prager: Made a motion to elect Mr. Fanuele to be Vice Chairman. Mr. diPiemo: Second the motion. Vote: All present voted aye. Mr. Prager: Made a motion to adjourn the meeting. Mr. diPiemo: Second the motion. V ote: All present voted aye. MEETING ADJOURN 8:30 p.m. ......... ......... Zoning Board of Appeals Minutes January 11,2000 page 10 Respectfully Submitted, CJ\;wi(j'r1~~ i)fc~cfc,- Christina DiPaola, Secretary Zoning Board of Appeals