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1998-10-27AGENDA Town of Wappinger Zoning Board of Appeals MEETING DATE: October 27, 1998 TIME: 7:30 PM Approval of October 13, 1998, minutes. PUBLIC HEARING Town Hall 20 Middlebush Road Wappingers Falls, NY Appeal No. 98-7033 - At the request of Andlyn Associates, Inc., who is seeking an area variance of Article IV, Section 470.7.2.2 — Driveway Grades - Whereas a driveway grade shall not exceed 7%, but in no case shall exceed 10%, the appellant is showing an existing driveway grade of 16%, thus requiring a 6% Driveway Grade Variance for property located at 210 New Hackensack Road and is identified as Tax Grid No. 19-6259-03-130050-00 in the Town of Wappinger. 2. Appeal No. 98-7032 - At the request of Modu-Craft Homes, Inc., who is seeking an area variance of Article IV, Section 420.3 - Schedule of Dimensional Regulations - Whereas a 25 -foot side yard setback is required, the appellant is proposing a 19 -foot setback in order to construct an attached (24' X 26') two car garage, thus requiring a 6 -foot side yard setback variance for property located at 95 A Osborne Hill Road and is identified as Tax Grid No. 19-6156-02-616787-00 in the Town of Wappinger. The Zoning Board of Appeal declared itself Lead Agency on October 13, 1998. DISCUSSIONS 1. Hulsair - To discuss Appeal No. 98-7030 seeking a use variance for property located on 269 Myers Corners Road in the Town of Wappinger. 2. Joseph & Katherine Doherty - To discuss Appeal No. 98-7034 seeking a side yard variance to construct a detached (20' X 24') Carport on property located at 6 Pippin Lane in the Town of Wappinger. On MINUTES Town of Wappinger Zoning Board of Appeals October 27, 1998 Minutes Members Present Town Hall 20 Middlebush Road Wappinger Falls, NY Mr. Prager: Chairman Mr. Lehigh: Vice Chairman Mr. Fanuele: Member Mr. Warren: Member Member Absent Mr. diPierno: Member ; �tVF Others Present Mr. Close, Zoning Administrator Mrs. Nguyen, Secretary to the Zoning Board of Appe4qt,,; i.. VVAW SUMMARIZED Minutes to be approved: Public Hearings: Discussions: MINUTES October 13, 1998 Andlyn Associates, Inc. Modu-Craft Homes, Inc. Hulsair Mr. & Mrs. Doherty it -- Approved w/ 1 modification -- Variance Granted -- Variance Granted -- Applicant Withdrew -- Set Public Hearing for Nov. 10, 1998 Mr. Lehigh stated the minutes of October 13, 1998, needs to be modified. Page 7, it reads, "Mr. Lehigh said to move the tanks ..." He was referring to one set of pumps. Mr. Warren made a motion to approve the October 13, 1998, minutes with 1 modification. Mr. Fanuele seconded the motion. Vote: All present voted aye. Town of Wappinger Zoning Board of Appeals Summarized Minutes - October 27, 1998 Page 2 PUBLIC HEARINGS Appeal No. 98-7033 - At the request of Andlyn Associates, Inc., who is seeking an area variance of Article IV, Section 470.7.2.2 — Driveway Grades - Whereas a driveway grade shall not exceed 7%, but in no case shall exceed 10%, the appellant is showing an existing driveway grade of 16%, thus requiring a 6% Driveway Grade Variance for property located at 210 New Hackensack Road and is identified as Tax Grid No. 19-6259-03-130050-00 in the Town of Wappinger. Mr. Humeston was present. Mrs. Nguyen stated all the mailings were in order. Mr. Lehigh made a motion to open the public hearing. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. Humeston explained they are trying to get a variance for the existing driveway which exceeds the Town's limits for a commercial piece of property. The house has been converted into an office for him and his partners business. They plan to blacktop the driveway. Mr. Larry Paggi, PE, sent a letter to DC Dept. of Public Works. *"' Mr. L. Paggi, PE, told them he spoke with Mr. Nedwell. Mr. Nedwell told him that he does not see any problem with it. He said he didn't have time to go over the whole thing, but he will get back to them in a week or so. Mr. Prager stated in the future it is likely this driveway will be abandoned. Mr. Humeston stated when they develop the back parcel, then the existing driveway on New Hackensack Road will be abandoned. Mr. Lehigh made a motion for a Neg. Dec. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. Prager asked if anyone in the audience wanted to speak. Hearing none; Mr. Fanuele made a motion to close the public hearing. Mr. Lehigh seconded the motion. Vote: All present voted aye. Nw- Mr. Prager made a motion to grant the variance. He did not believe it will be detrimental to any nearby properties. No undesirable change will occur on the character of the neighborhood. He did not feel there '"r ",,,, ._. Town of Wappinger Zoning Board of Appeals Summarized Minutes - October 27, 1998 Page 3 is any alternative methods to achieve the benefits. He did not feel it is a substantial variance. It will not cause any adverse effects to the physical or environmental conditions of the neighborhood or the district. Mr. Lehigh seconded the motion. ROLL CALL: Mr. Warren: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Aye. Mr. Prager: Aye. Mr. diPiemo: Absent. Vote: All present voted aye in favor of granting the variance for the existing driveway grade. It will be filed in 5 days. 2. Appeal No. 98-7032 - At the request of Modu-Craft Homes. Inc.. who is seeking an area variance of Article IV, Section 420.3 - Schedule of Dimensional Regulations - Whereas a 25 -foot side yard setback is required, the appellant is proposing a 19 -foot setback in order to construct an attached (24' X 26') two car garage, thus requiring a 6 -foot side yard setback variance for property located at 95 A Osborne Hill Road and is identified as Tax Grid No. 19-6156-02-616787-00 in the Town of Wappinger. The Zoning Board of Appeal declared itself Lead Agency on October 13, 1998. Mr. Straub, President of Modu-Craft Homes, Inc., was present. Mrs. Nguyen stated all the mailings are in order. +rr• Mr. Lehigh made a motion to open the public hearing. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. Straub explained the lot line has a slight angle to it. The front part of the garage meets the required side yard setback. The rear corner of the garage will require a 6 foot side yard variance. It is not going to be a working garage. The gentleman who is buying the property wants to store two antique cars. They are not proposing a driveway to the garage since it is really for storage. Mr. Prager asked if Mr. Straub can reduce the size of the garage to a 22' D X 24' W rather than 24' X 26'. Mr. Straub agreed to shrink it. Mr. Prager asked if anyone on the Board had any questions or comments. Hearing none, he stated the Board held a site inspection on October 17, 1998. He stated Green Fly Swamp is right behind where Mr. Straub has recommended the garage. It will be away from the neighbors. Mr. Lehigh felt the best thing to do would be to put it on the right hand side and put a second story on it. Mr. Straub said they wanted to do that, but the right hand lot line is on an angle. If they put it there, they would need a rear yard variance on the one corner of almost 12 feet. \r -.� Town of Wappinger Zoning Board of Appeals Summarized Minutes - October 27, 1998 Page 4 Mr. Lehigh made a motion for a Neg. Dec. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. Prager asked if anyone in the audience wanted to speak for or against the appeal. Mr. Alan Scott - An abutting neighbor - Stated he does not have a problem with the garage since it is on the other side of the house. It will be away from his house. He stated it was in the minutes back when the first variance was issued that the back of the property was not supposed to be backfilled. The level of the property has gone up 18 to 24 inches. He is concerned that his septic will not function in the Spring. Mr. Straub did not feel the fill that he is putting on one property would affect anyone's septic. Typically, if somebody fills something in, it may cause a drainage problem, but not septic problems. Mrs. Scott stated they have a drainage problem which will cause a puddle in the yard and that will effect the septic. He said his fields are down on that end of the property. Mr. Straub said Mr. Paggi, the Town Engineer, will come out to take a look at it when they go for their c/o. The subdivision plan shows a spot, the low lying area right behind the house, says it has to be built. Mr. Scott stated before Mr. Straub bought the property the previous owner came in for a variance since one of the lots is too small. The minutes said there would be flow for the water to continue. Mr. Straub said there has to be. When the Town Engineer comes out he will look at that. Mr. Prager asked Mr. Close to make a note of that. He asked if Mr. Close is checking on that since he is the Acting Building Inspector. They want to make sure the water does not go onto Mr. Scott's property. Mr. Scott stated there is no water at this time, but in the Spring the water table is very high. Mr. Straub said there is a pipe that comes out between line 60.2 on the plans and the rear of the property. He believes it is a footing drain. He said they need to find that pipe. Mr. Scott stated he has it located. Mr. Straub said since the Scotts' know where it is located, what they can do is put a drainage swale along the back of it and take care of the water so it goes out to the Green Fly Swamp area. Mr. Scott agreed to that. Mr. Mike Leonard, owner of Greenbaum and Gilhooley's, asked who owns Walters Lane. I%- Mr. Scott stated he has a quick claim, but he isn't sure if it refers to Walters Lane. "r r... ...� Town of Wappinger Zoning Board of Appeals Summarized Minutes - October 27, 1998 Page 5 Mr. Leonard stated a friend plans to purchase the Scott's house. She wants to know if Walters Lane will be her driveway, will the Town take the driveway or can somebody build on the driveway. Mr. Prager believed no one could build on the driveway. Mr. Close stated the original variance stated the next driveway that would go in would go the length of Walters Lane, but not on it. Mr. Leonard asked if the driveway for the two houses in the rear will be the driveway Mr. Straub is putting in now. Mr. Straub stated he tried to get ownership of Walters Lane. He had spoken to his Attorney about it. His Attorney said he could not get Walters Lane on a quick claim deed because it would cloud the title to the other two houses and he wouldn't be able to sell them. He suggested to Mr. Scott to have an attorney look at his quick claim deed to verify if it includes Walters Lane. Mr. Leonard asked if the Town plans to do anything with Walters Lane. Mr. Prager said not that he knows of. Mr. Close said no. *4' Mr. Lehigh stated the Town does not want it as a road. He made a motion to close the public hearing. Mr. Fanuele seconded the motion. Vote: All present voted aye. Mr. Fanuele made a motion to grant the variance for a 22' W X 24' D garage. Mr. Prager stated it will not be detrimental to nearby properties. He did not believe it will be detrimental to nearby properties. He did not feel it is a substantial variance. It will not cause any adverse effects to the physical or environmental conditions of the neighborhood or the district. Mr. Warren seconded the motion. ROLL CALL: Mr. Warren: Mr. Lehigh: Mr. diPiemo Aye. Mr. Fanuele: Aye. Aye. Mr. Prager: Aye. Absent. Vote: All present voted aye in favor of granting the 4 -foot variance to construct a 22' W X 24' D garage. It will be filed in 5 days. DISCUSSIONS 1. Hulsair - To discuss Appeal No. 98-7030 seeking a use variance for property located on 269 Myers Corners Road in the Town of Wappinger. Town of Wappinger Zoning Board of Appeals Summarized Minutes - October 27, 1998 Page 6 Mr. Prager explained that Mr. Hulsair withdrew his application for a use variance per his letter dated October 27, 1998. 2. Joseph & Katherine Doherty - To discuss Appeal No. 98-7034 seeking a side yard variance to construct a detached (20' X 24') Carport on property located at 6 Pippin Lane in the Town of Wappinger. Mr. Doherty, property owner, was present. Mr. Doherty handed out to the Board a write-up explaining why he feels he should be granted a variance. He has been a resident for 10 1/2 years. The house does not have a garage. He stated a neighbor has a row of white pine trees, which were small when he first moved it. They have grown and make a mess on the cars. It is inconvenient to clean off the cars. His house is the only one without a garage. Two of their neighbors probably have variances for a house (8 Pippin Lane) and a shed (2 Pippin Lane). Mr. Lehigh asked about the size of the existing pole barn. Mr. Doherty stated it is 16' X 20'. He stated the house was built in 1973 and he bought it in 1987. The house never had a garage. Mr. Fanuele asked if Mr. Doherty plans to put sides on the carport. "` Mr. Doherty stated he wants to put up a fence, not a closed wall on the north side which abuts the pine trees. He hopes that will stop the needles from blowing in. Mr. Prager asked why Mr. Doherty doesn't want to build a garage that would blend into the house. Mr. Doherty explained he wants to keep it open so he can also use the carport for outdoor entertainment in case of inclement weather. He asked if it would be better to attach the carport to the house. Mr. Lehigh suggested a site inspection. He felt it would look better if it is attached. In the future, someone could close it in. Mr. Doherty is proposing it on an angle. Mr. Doherty explained the reason it is on an angle is because of the angle of the property line. Mr. Prager asked why Mr. Doherty is proposing the carport way back behind the house. Mr. Doherty explained there is a 12 ft. X 42 ft. deck on the back of the house. The Board set a Site Inspection for October 31, 1998, at 9:00 AM. Mr. Prager and Mr. Warren stated they could not attend the site inspection on that day. They will go on October 29`h. He asked Mr. Doherty to stakeout the property line and the garage so when the Board goes out they have a better idea of what they are looking at. Mr. Doherty stated he does not have a problem with attaching the carport to the house, but then it would have to be more squared off. Town of Wappinger Zoning Board of Appeals Summarized Minutes - October 27, 1998 Page 7 Mr. Lehigh said they will take a look at that when they come out for the site inspection. He made a motion for the ZBA to be Lead Agency. Warren seconded the motion. Mote: All present voted aye. Mr. Lehigh suggested the Board should wait on the Neg. Dec. Mr. Prager set the public hearing for November 10`h. Mr. Lehigh made a motion to adjourn the meeting. Mr. Fanuele seconded the motion. Vote: All present voted aye. MEETING ADJOURNED AT 8:15 PM. Respectfully Submitted, j Linda Nguyen, Secretary Town of Wappinger Zoning Board of Appeals