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1999-05-11*AW MINUTES Town of Wappinger Zoning Board of Appeals May 11, 1999 Summarized Minutes Members Present MINUTE=S APPROVED MAY 2 5 1999 Town Hall 20 Middlebush Road Wappingers Falls, NY Mr. Prager: Chairman Mr. Lehigh: Vice Chairman Mr. Fanuele: Member Mr. diPierno: Member Mr. Warren: Member Others Present Mr. Liebermann, Acting Zoning Administrator Mrs. Nguyen, Secretary to the Zoning Board of Appeals SUMMARIZED Minutes to be approved: April 27, 1999 -- Accepted Public Hearing: Richard Pesther -- Approved with conditions Discussion: Astor Head Start Center -- Rescheduled for May 25, 1999 Curtis & Krystyna Ginader. -- Set Public Hearing for May 25, 1999 Mobil Oil Corp. -- Applicant did not show up MINUTES Mr. Warren made a motion to accept the April 27, 1999, minutes. Mr. Fanuele seconded the motion. Vote: All present voted aye except Mr. Prager since he was not present for that meeting. PUBLIC HEARING Appeal No. 99-7008 - At the request of Richard Pesther, who is seeking an area variance of Article IV, Section 420.3 - Schedule of Dimensional Regulations - Whereas a 20 -foot side yard setback is required, the appellant is proposing a 5 -foot setback, thus requiring a 15 -foot side yard setback variance in order to construct a two car garage (26' X 28') on property located at 61 Carroll Drive and is identified as Tax Grid No. 19-6257-04-745423-00 in the Town of Wappinger. The Zoning Board of Appeals declared itself Lead Agency on April 27, 1999. The Zoning Board 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. MINUTES *4W APPROVED Town of Wappinger Zoning Board MAY 2 5 1999 Summarized Minutes - May 11, 1999 Page 2 *aw' Mr. & Mrs. Pesther and Mr. Mark Paolillo (contractor) were present. Mrs. Nguyen stated all the mailings were in order. Mr, diPierno made a motion to open the public hearing. Mr. Lehigh seconded the motion. Vote: All present voted aye. Mr. Prager stated a site inspection was held on May 8, 1999. Mr. Paolillo stated Mr. Pesther advised him of some of the Board's suggestions. He said based upon those suggestions they decided to reduce the garage by 2 feet and they are proposing to moved it over 4 1/2 to 5 feet to bring it in line with the house. So rather than a 5 feet side yard, they can provide a 12 foot side yard. (A drawing showing those changes was submitted. The drawing was not dated). Mr. Prager stated they would be asking for a 40% variance. He asked if anyone in the audience wanted to speak. Mr. Paulica - 59 Carroll Drive - Stated his property would be most effected by the proposed construction. He is against the variance being granted because it will decease the value of his property. He stated every neighbor in ., his community has several cars in the driveway. He stated he does not want the neighborhood to end up with rented garages like in the Bronx. He moved to this neighborhood about two years ago so he could have a little room and raise a family. He felt the value of his home would decrease due to the construction. Mr. Lehigh stated Mr. & Mrs. Pesther are proposing a 12 foot side yard and 20 feet is required. Mr. Paulica stated everyone should stay within the required setbacks, respect each other and keep a nice community. He said he is protesting the variance and he will probably take the matter to a higher level if he has to. Mr. Fanuele asked if Mr. & Mrs. Pesther wanted to build the garage within the setback requirements - 20 feet, would that be a concern to him. Mr. Paulica said no, as long as it is within the rules and regulations of the Town. He said everyone pays taxes and everyone should have the same rights. He said he will take this to court because he wants to protect himself, his property value, and the neighborhood. Mr. Fanuele suggested Mr. & Mrs. Pesther could construct a single car garage, but double the length. Mr. Paolillo disagreed with Mr. Paulica. He said if your neighbor increases their property value, then it automatically makes the neighbors property more value. He said regardless of whether the garage is 12 feet off the property line or 20 feet, they will still be able to see the garage. V.. Mr. Fanuele asked if there is existing vegetation on the property line. MINUTES �r APPROVED Town of Wappinger Zon g Board MAY 2 5 1999 Summarized Minutes - May 11, 1999 Page 3 Mr. Paulica stated he has an existing old 6 foot high fence on his property. He stated he is in the midst of a contract with a construction and landscaping company. He offered to supply the Board with the contract. He stated there are several pine trees on his property which he planned on taking down. He plans to expand his house. Most raised ranches have the door in the middle of the house. In his case, his door is to one side of the house closest to the proposed construction. He did not want to walk in or out his front door and have to see the garage. He wants to re -landscape his property and he has plans for that. The addition, which he has plans for, would be within the setback requirements. He plans to extend the house about 11 feet towards the east. The front yard would be changed. The driveway would be in a `u' shape with a fountain in the middle. He stated the fence on his property will be removed. Mr. Prager suggested Mr. & Mrs. Pesther will have to put up some shrubs and a fence since Mr. Paulica plans to remove his fence. Mr. Pesther said he will put up a fence on his property. Mr. Prager said trees would also have to be planted. Mr. Paulica stated in that area he has a vegetable garden. The fence and trees would shade his garden. Mr. Prager stated Mr. Pesther has the right to put up a fence or trees on his property. DISCUSSION - regarding the variance process. Mr. Fanuele asked what the existing 1 car garage is used for. Mr. Paolillo stated it is presently used for a workshop. Mr. Pesther stated if there is another car in his driveway, then he can not pull into his existing garage. Mr. Prager stated it will look better to have a garage rather than having several cars sitting in the driveway. Mr. Fanuele suggested the workshop could go in the back of the new garage and still use the existing garage. That way they could make the new garage width 8 feet less and still end up with 2 garages. They would comply and no variance would be necessary. Mrs. Pesther asked why they should compromise just because their neighbor wants to do his expansion and they want to have a garage. She stated they are not hurting anybody and they are going by the rules. Mr. Fanuele explained the rules say that a 20 foot side yard is required. Mr. & Mrs. Pesther is asking to have only 12 feet. They are asking for an 8 ft. variance. Mr. Pesther stated they have compromised by reducing the size and are proposing to align it with the house. Mr. Fanuele stated they could change the shape of the garage by making it longer and put the workshop in the back. tow Mr. Pesther stated he can not fit his cars in the existing garage because it is too small. *4w MINUTES •ro, APPROVED Town of Wappinger Zoning Board Summarized Minutes - May 11, 1999 MAY 2 5 1999 Page 4 �..► Mr. Fanuele asked if other houses in the neighborhood have the same problem. Mr. Pesther said yes, they have several cars in the driveway. Mr. Fanuele stated the Zoning Law says that if it is the same for everybody in the neighborhood, then it is not .. Mr. Paolillo stated half the houses he saw have 2 car garages and several one car garages. Mr. Paulica stated he has a 1 car garage. He keeps one inside the garage and one in the driveway. He said he will not infringe upon his neighbor just because he wants another garage. Mr. Pesther stated Mr. Fanuele's idea of doubling the length of the garage would be more of an obscene building than a 2 car garage. He stated it would look like a tunnel. Mr. Lehigh made a motion for a Neg. Dec. Mr. diPierno seconded the motion. Vote: All present voted aye. Mr. Lehigh made a motion to close the public hearing. . Mr. diPierno seconded the motion. Vote: All present voted aye. Mr. Lehigh stated the applicant has shortened the garage and aligned it with the house so they are only seeking an 8 ft. side yard variance, which is 40%. He stated the variance requested will not be detrimental to nearby properties. It will not cause an undesirable change in the character of the neighborhood. There is no other alternative. The requested variance is substantial since they are seeking a 40% variance. The variance will not cause any adverse physical or environmental conditions in the neighborhood or district. The difficulty is self- created because the applicant wants a two car garage which he felt is not unreasonable. He made a motion to grant the variance for an 8 ft. side yard variance with the condition Mr. & Mrs. Pesther are to install a fence, on their property line, starting at the rear of the house and extend to the rear of the parcel. Mr. diPierno seconded the motion. ROLL CALL: Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Lehigh: Aye. Mr. Fanuele: Stated: If every house in that development needs a variance, then the Board can not grant the variance because that is the structure of the neighborhood. If one lot is different than the rest of the neighborhood, then the Board can grant a variance on that lot. He %asked before if the neighborhood is the same and everyone would �` need this and he got a yes answer. From that point of view, if the whole neighborhood needs a variance for garages, then he has to vote Nay. cm MINUTES APPROVED MAY 2 5 1999 Mr. Prager: Nay. Vote: The motion was carried. (3 for and 2 against) DISCUSSIONS Town of Wappinger Zoning Board Summarized Minutes - May 11, 1999 Page 5 Astor Head Start Center - To discuss Application No. 99-7010 seeking an area variance on property located at 144 Myers Corners Road in the Town of Wappinger. The Board received a letter dated May 6, 1999, from Astor Home for Children requesting for this project to be rescheduled for May 25, 1999. 2. Curtis & Krystyna Ginader - To discuss Application No. 99-7011 seeking a side yard setback variance for an existing shed located at 13 Mina Drive in the Town of Wappinger. Mrs. Kyrstyna Ginader was present. Mrs. Ginader explained about a year ago they obtained a building permit and they installed a shed. Mr. Prager asked if the Building Dept. explained the setback requirements to them. Mrs. Ginader said yes. They were told they had to have 10 feet. After looking at where the shed would be put - there is a slant to the yard and the drainage is not very good - they decided to put it 3 Meet from the property line. They did not realize what the process was if they could not do the 10 feet. Mr. Fanuele asked if the building permit was issued with the plans showing a 10 foot side yard. Mrs. Ginader said yes. They did not understand the variance process. Mr. Fanuele clarified the Town requires a 10 ft. side yard and she chose to put it 3 % feet away. Mr. Prager asked if there is any other place they could put the shed. Mrs. Ginader stated they have .35 of an acre. If they put it out farther, then it would be in the middle of the yard. She stated she has three boys that play baseball and the shed would have been in the way. From an esthetic standpoint it is under some trees, it is out of the way, and it is an attractive shed. She spoke to her neighbor, who's fence it is near, and she did not have a problem with it. Mr. Prager had a problem with the fact that her husband was explained to where the shed had to be. Her husband chose not to put it in the proper place. Mr. Lehigh stated the last applicant thought his neighbor wouldn't have a problem either. Mr. Fanuele said she is in an R-20 zone - 20, 000 sq. ft. Her lot is approximately 15,000 sq. ft. which �` requires a 5 foot side yard. He said he would be willing to go with 5 feet from the property line rather than 20 feet. MINUTES APPROVED or MAY 2 5 1999 Town of Wappinger Zoning Board Summarized Minutes - May 11, 1999 Page 6 'r■► Mrs. Ginader wanted to know why that wasn't explained to her at the beginning. Mr. Lehigh stated the Ordinance does not break sheds down that way. Mr. Fanuele said if he is going to issue a variance, he would consider granting based upon the fact that she has a smaller lot than the other lots in her area. Mr. Prager clarified that since she is in an R-20 zone and she has a smaller lot, the Board can take that into consideration. Possibly she could move the shed. Mrs. Ginader said she doesn't know how to move it. She said it is on a cinder block foundation. Mr. Prager said that can be moved. Mrs. Ginader asked if it doesn't bother the neighbors and it isn't hurting anything, why can't it stay where it is. Mr. Prager said they have to stick somewhat to the rules of the Law. Mrs. Ginader questioned why they have to have a 10 foot setback. Mr. Liebermann stated the setback is determined by the zone that you live in. Mr. Fanuele said if everyone was allowed to build on the property line they would end up with a city environment. Mrs. Ginader said they would agree to a contingency that they can only have one shed. She would also agree to adding bushes or shrubs. SITE INSPECTION set for May 20`h at 6:30. Mrs. Ginader added she feels the shed is very attractive and they have a 9 year reputation for keeping their yard well kept. Mr. Lehigh made a motion for Lead Agency. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. Prager stated they will wait on a Neg. Dec. He set the public hearing for May 25, 1999. 3. Mobil Oil Corp. - On -The -Run Convenience Store - To discuss Application No. 99-7012 seeking a front yard setback variance to construct a new convenience store. The property is located on the corner of Route .. 82 and Route 94 in the Town of Wappinger. No one was present to represent Mobil Oil Corp. MINUTES ,` APPROVED MAY 2 5 1999 Town of Wappinger Zoning Board Summarized Minutes - May 11, 1999 Page 7 Ift- Mr. diPierno made a motion to adjourn the meeting. Mr. Lehigh seconded the motion. Vote: All present voted aye. MEETING ADJOURNED AT 8:15 PM. Respectfully Submitted, /1" *jvw�-' Linda Nguyen, Secretary Town of Wappinger Planning Board