Loading...
1999-11-09 MINUTES APPROVro Nav 24 1999 Zoning Board of Appeals Summarized Minutes November 9,1999 page 1 '-'" MINUTES Town of Wappinger Zoning Board of Appeals MEETING DATE: November 9,1999 TIME: 7:30 p.m. Members Present: Mr. Prager, Mr. Warren, Mr. diPiemo, Chairman Member Member Mr. Lehigh, Vice Chairman Mr. Fanuele, Member Others Present: Mr. Liebermann, Zoning Administer Ms. DiPaola, Secretary to Zoning SUMMARIZED Discussions: Troy & Shontae Swain - Discussion on November 23,1999 '- Durr Accessory - Public Hearing November 23,1999 Mr. Fanuele: Made a motion to table the minutes from October 26,1999 until the next meeting. Mr. diPiemo: Second the motion All present voted aye. DISCUSSIONS 1. Troy & Shontae Swain - To discuss App. No. 99-7036, seeking an area variance for side and rear yard setback for a shed to remain where it is. The property is located on 10 Tuscarora Drive in the Town of Wappinger. Mr. & Mrs. Swain are present for the meeting. Mr. Prager: I know a few months ago we were out there for a variance for the pool and we did see the shed. Can you maybe refresh our minds. Mr. Swain: We built the shed to store stuff in it. The place that we found convienent to put the shed was in the '-'" comer of the yard. We figured it would be all right because we have seen other people with the shed. Mr. Prager: Did you put the shed up yourself? Mr. Swain: Myself and some friends put up the shed. Mr. Prager: Is there a base under the shed? ~ Zoning Board of Appeals Summarized Minutes November 9,1999 page 2 Mr. Swain: Yes. It is a wood foundation. Mr. Lehigh: This sits on a platform? Mrs. Swain: Yes. Mr. Prager: The shed is 10 x6 right? Mr. Swain: Yes. Mr. Lehigh: I see that you are asking for a 4 foot variance. Can you split that with us, maybe move it 2 feet and ask for 2 feet. Mr. Prager: Tell you the truth, especially with the number of sheds that we have had lately, 5 feet really is not too much. The other thing that I do have before I go on, I am looking at the plot plan and you also have a 1 foot on the rear. How close is it to the rear? Mr. Swain: It is about 1 foot. Mr. Prager: Weare really talking about 2 variances. Mrs. Swain: It is, I did not realize that when we put the application in. It actually is going to be 2 variances because we do not have that space to angle it any further out or in the yard. Mr. Prager: Christina you might have to put that down as a second variance. Any questions from the Board? Mr. Fanuele: We wrote a letter to the Town Board requesting that the setbacks be reviewed, especially on small lots. All I have gotten from Christina the other day is that it was referred to the Planner. I think I will have to wait for the Planner for his decision. I would like to table the discussion. Mr. Liebermann: They are having a meeting tomorrow night to discuss the request. Mr. Prager: Lets wait and see until we get an answer. Is it all right with you Mark? "" Mr. Liebermann: I have no problem with tabling it. Mr. Prager: Let us postpone this until we see what is going to happen at this meeting tomorrow night. Mr. Fanuele: We need permission from the applicant to postpone it. Mr. Prager: Is it all right with you to postpone this? Mr. Swain: That is fine. Mrs. Swain: This might help us actually. Mr. Fanuele: The whole area has a problem. Mr. Liebermann: You are going to have about 3 more variances in that area for a shed. Mr. Prager: Ok lets adjourn this until the next meeting. This will be a discussion again. Mr. Lehigh: Made a motion to be lead agency. Mr. Warren: Second the motion. All present voted aye. Mr. Prager: That is a metal shed? Mr. Swain: Yes it is. Mr. Prager: If it needs to be moved can it? Mr. Swain: Yes. Mr. Prager: Ok that is all we have. 2. DUff Accessory - To discuss App. No. 99-7035, seeking an area variance for lot area. The property is ...... located on 56 Robert Lane in the Town of Wappinger. Mr. Paul Ellision and Mrs. Christine Durr are present for the meeting. ....... Zoning Board of Appeals Summarized Minutes November 9,1999 page 3 Mr. Prager: What was going to happen? I was not here for the last meeting. Mr. Lehigh: We looked at the map and the map says they are in a R-20 zone. For a R-20 zone say you can have an accessory apartment, now somebody is telling them they are in a R-15? Are you in a R-15? Mr. Ellision: No. They have never told us that. Mr. Fanuele assumed since the Planning Board sent us here that we are in a R-15 looking for the R -20. I have to be honest with you I got so fluttered. I had it in front of me that we are in a R -20, but I did not look at it when we were going over it 2 weeks ago. Mr. Lehigh: If you are in a R-20 zone he does not need a variance. Mr. Prager: He does because he has 15,000 square feet. Eventhough he is in the zone, his acreage is only 15,000. Am I correct Mark. Mr. Liebermann: I believe so. That is what Dan Wery brought to my attention. Mr. Prager: My question here would be, the house was built 32-36 years ago. I would like to know, is what was it zoned at that time? Mr. Fanuele: I believe it was a R-20 but they gave them a bonus if they put water and sewage in. The problem now is that we are dealing with a non- conforming lot. Mr. Lehigh: I called the Town Attorney, and I tried to talk to him, but I could not get him. Then he called me back, and left a message on my machine saying he will get back to me. He never did. When I found out that it was R-20 on the map, I said well they do not need a variance. Mr. Prager: They would need a variance. Mr. Lehigh: I do not understand, they are all 15,000 square feet there will be no way you can grant the variance. They are all 15,000 square feet, we can not change the Zoning. "-' Mr. Prager: That is a good question are they all 15,000 square feet? Mr. Liebermann: I have no idea, unless we go out to every lot and measure them. Mr. Lehigh: If the Town granted them a R-20 with 15,000 square feet then they are the ones that did it. They made a 15,000 square lot conforming to an R -20. Mr. Liebermann: If you look at the setbacks, there will be a foot note there if you go down and it says if they are water and sewer they get a R-20 rating. Mr. Prager: Yes. Mr. Liebermann: So you have to treat it as an R-20. Mr. Lehigh: So he does not need a variance. Mr. Fanuele: It says for an R-20 that the minimum lot size is 20,000 square feet and theirs is 15,000 square feet. So he still needs a variance. Mr. Lehigh: No, he does not, because the Town gave him 5,000 for having water and sewer. Mr. Fanuele: I can look at it and say that 15,000 square foot lot in the area. I do not want an accessory apartment. I do not want to put an accessory apartment on a lot that has 15,000 square foot. Not particulally you. Mr. Ellision: If! am not mistaken, 2 weeks ago you told me that my problem was that we are not zoned in a R- 20. Mr. Fanuele: Yes. Mr. Ellision: Well, if we are zoned at R -20, then I do not understand how you can turn around and say that is not the problem. The problem seems that you are trying to find additional problems. You told us 2 weeks ago I had to be R-20 and I walked out of here and we went back to the Planning Board and said what is happening. Mr. Lehigh said you are R -20 I have the notes in front of me that say we are R-20. Now you are turning around '-'" and telling me that is not enough. I do not understand. Mr. Fanuele: I do not want to mislead you, but the minimum lot size.... Mr. Ellision: You did not say that 2 weeks ago. 2 weeks ago it was what we were zoned at. ~ Zoning Board of Appeals Summarized Minutes November 9,1999 page 4 Mr. Fanuele: 2 weeks ago I thought you were R-15. Mr. Ellision: You are telling me that in am zoned R-15 then I am 15,000 square feet. We have proof in front of you that it is zoned at R-20 with 15,000 square feet. So that whole thing should be moved. Mr. Fanuele: No, it still says the lot size has to be 20,000 square feet. Mr. Ellision: You told me it had to be R-20. MR. Lehigh: That is 20,000 square feet. Mr. Ellision: Right, but 2 weeks ago the reason you said that there was a problem was because it was not R-20. If you are saying that I have to be 20,000 square feet that sounds like something that a variance can be granted for. If you tell me that I do not need a variance because the Town already gave us 5,000 to make us the R-20 I do not understand what the big deal is. Mr. Lehigh: I agree with him Mr. Prager: You bought this house you are not making any changes to it. Mr. Ellision: The only reason my sister bought the house was because it had an accessory apartment. I called the Planning Board and told them what we wanted to do to the apartment. Then we found out from the Planning Board that it was not a legal mother -daughter house. What we want to do, is take out the 1 car garage. Mr. Prager: This is for your mother and father? Mrs. Durr: Yes. Mr. Lehigh: What do you want to do, you want to make that garage part of the apartment? Mr. Ellision: Yes. Mr. Lehigh: No, you come into where you can only have a certain percentage of the house. ",... Mr. Ellision: This was all resolved at the Planning Board. The Planning Board waved it. Mr. Lehigh: As far as I am concerned they should get a building permit and build it. Mr. Prager: To clean it up, I think they should have a variance. Mr. Lehigh: I would not vote for it. No way. I am not changing the zoning here. The land does not need a variance. As far as the Town is concerned he is in a R-20 zone, and he does not need a variance. MR. Prager: I am still going to make a public hearing out of. We will get a hold ofMr. Roberts and get this all straightened out. Mrs. Durr: Mr. Roberts did tell me to come here, I went to my attorney today and I had to a sign a declaration of restriction. That will be recorded with the Town that states ifmy parents leave or anything I can not rent it out. That is all taken care of as well. Mr. Roberts is aware of it. Mr. Prager: What is his feeling? Mrs. Durr: That everything is ok. Mr. Prager: You do not need a variance or anything? Mr. Ellision: They sent us here. Mr. Prager: Weare going to make this a public hearing and get this straightened out. Mr. Ellision: What is the public hearing for? Mr. diPierno: It is the official record. Mr. Prager: That will be the official record. This is just a workshop tonight. Mr. Ellision: We did this with the Planning Board, and you are going to use the same words as the Planning Board. We did all that. Mr. Prager: I know this but now The Zoning Board of Appeals, you might have to get an variance. Mr. Ellision: I understand that, but aren't you going to say the same thing as the Planning Board? ....... Mr. Prager: It is possible. It is the only way you are going to get a variance. Mr. Ellision: Ok, I understand. '-" Zoning Board of Appeals Summarized Minutes November 9,1999 page 5 Mr. Fanuele: Let me understand what the variance is going to be. Mr. Prager: We are going to allow the accessory apartment in a R-20 zone with 15,000 square feet. Mr. Fanuele: So the variance is a small lot size? Mr. Lehigh: You can not do that. Mr. Prager: Well, we are going to find out. (Mr. Prager and Mr. Lehigh are going back and forth and talking at once can not get what is being said) Mr. Lehigh: I think the people have the perfect right to have the apartment for the simple reason they are in a R-20. Mr. diPierno: The issue is the that if they can have an accessory apartment in a R-20 and the only one that can judge that is the Town attorney. Mr. Prager: We can do all that at the Public Hearing. Mr. Lehigh: What you are doing is making someone get a variance, when they do not even need it. Mr. Prager: We have to get this straightened out. I will contact the Town Attorney. Mr. Fanuele: Why don't we set the Public hearing November 23,1999 and get a meeting between us and the Town Attorney to discuss this? Mr. Prager: We are going to set the Public Hearing for November 23,1999 Mr. Liebermann: What I am going to do is write a letter to the Real Estates and tell them that they should not advertise a mother - daughter houses. There are none. Mr. Ellision: Ok thank you very much. Mr. Prager: Maybe the Attorney will say that you will not need a variance. We will still have the public hearing. ......... Mrs. Durr: Ok. Mr. Prager: Mark can you check on the other lots to see their square footage. Mr. Lehigh: Made a motion to adjourn the meeting. Mr. diPierno: Second the motion. All present voted aye. MEETING ENDED: 8:30 p.m. Respectfully Submitted, C bItA.1t.M-(.C D i 'R:.tekc,- Christina DiPaola, Secretary Zoning Board of Appeals ......