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1997-10-14rn AGENDA Town of Wappinger Zoning Board MEETING DATE: October 14, 1997 TIME -- 7:30 PM Approval of September 9, 1997, minutes. PUBLIC HEARING Town Hall 20 Middlebush Road Wappingers Falls, NY Appeal No. 1248 - At the request of Joseph & Jill DiPalma, who are seeking an area variance of Article IV, Section 420.3 - Schedule of Dimensional Regulations - whereas a 40 -foot rear yard setback is required for an accessory building over 200 sq. ft. in an R-20 zone and the appellants' are proposing to erect a 12' X 24' swage shed 12 feet from the rear property line, thus a 28 -foot rear yard variance is required for property located at 1 Doyle Drive and is identified as Tax Grid No. 6257-04-854483-00 in the Town of Wappinger. The Zoning Board of Appeals declared itself Lead Agency for this project on September 9, 1997. DISCUSSIONS 1. Goodwill Industries - To discuss Appeal No. 1249 requesting 180 square foot sign variance for property located at 1271 Route 9 in the Town of Wappinger. (Former Channel Store) 2. Kenneth J. Catale - To discuss Appeal No. 1250 requesting a 14 foot side yard variance to construct a 26' X 26' detached garage on property located at 48 Top O' Hill Road in the Town of Wappinger. 3. Stephen & Melissa Fischer - To discuss Appeal No. 1251 requesting a 5 foot side yard variance to construct a 6' X 12' bicycle storage shed on property located at 257 Myers Corners Road in the Town of Wappinger. MINUTES VAW Town of Wappinger Zoning Board of Appeals October 14,1997 Minutes Members Present Mr. Prager: Chairman Mr. diPierno: Member Members Absent Mr. Lehigh: Vice Chairman Town Hall 20 Middlebush Wappinger Fall Mr. Fanuele: Member Mr. Warren: Member v 2 199`x; Others Present i1 R�a U ❑ p�JI�ftWRO PLh+f�lrsttUi, Mr. Don Close, Zoning Administrator V toy" {s 's'gAD "} Mrs. Nguyen, Secretary to the Zoning Board Mr. Prager: I would like to call the Town of Wappinger Zoning Board of Appeals to Call please. "r ROLL CALL: Mr. Warren: Here. Mr. diPiemo: Here. Mr. Fanuele: Here. Mr. Lehigh: Absent. Mr. Prager: Here. Vote: All present except Mr. Lehigh. Mr. Prager: Everybody obviously made it to the room (Senior R oom). if you have nc before, there is no smoking in the building. The fire exits, you go out this door and to you should be able to get out that door. Again, to the left is the way you probably can building and there is an exit right behinsuseh The firave to st item of busineze for ts tonight room. this tl Board has the other room that we normally of the minutes from September 9''' meeting. Mr. Fanuele: I make a motion to approve them. Mr. Warren: I'll Second. Vote: All present voted aye. Mr. Prager: The next item of business on tonight's agenda is the public hearing on Am 1248 - At the request of Joseph &Jill DiPalma, who are seeking an area variance of, Section 420.3 - Schedule of Dimensional Regulations - whereas a 40 -foot rear yard sett required for an accessory building over RtheOzone and rear propertyellne, thappellusta'2t proposing to erect a 12' X 24' storage shed 12 feet from *4ftw '00' Town of Wappinger Zoning Board of Appeals Minutes - October 14, 1997 Page 2 yard variance is required for property located at 1 Doyle Drive and is identified as Tax Grid No. 6257-04-854483-00 in the Town of Wappinger. Linda, are all the mailings in order? Mrs. Nguyen: Yes, we re -notified them. Mr. Prager: Mr. DiPalma, I have to apologize for putting this meeting off for the last couple of weeks because of different things that have happened. I would like to have a motion to open the public hearing. Mr. Fanuele: So moved. Mr. diPierno: Second. Vote: All present voted aye. Mr. DiPalma: I am Joseph A. DiPalma. I need a 12' X 24' storage shed. It is to be located on the right side of my house. So, I can put all of my lawn furniture and my yard equipment that is currently under my porch into the shed in an effort to clear everything out that is underneath my porch. In the winter, I would also like to take my barbecue and all of my lawn furniture that is on my existing deck and store that for the winter. Mr. Prager: As you know, we did have a site inspection on September 13t". We were out there. %MW I believe Mr. diPierno you went out on your own. We had noticed obviously there is storage under the rear deck there. Is there any possibility of closing that in and making that a storage area? Mr. DiPalma: I had thought about that, but by the time I put a roof, something to keep the water out, and put in an adequate slope, it will probably only be about 3 feet high. That was my concern. Mr. Prager: How about now, we also noticed you have another shed in the back, if you were to get a larger shed and put it in that area. Mr. DiPalma: I was going to keep that shed up also. Mr. Prager: I was just saying, if you could do away with that shed but get a larger shed, then you should be able to put everything in that shed. Mr. DiPalma: I would still have the problem with the same setback. Mr. Prager: If you can keep it under 200 square feet. Mr. DiPalma: If I keep it under 200 square feet, can I put it right where I want to put this shed? ,%W Mr. Prager: You can do it if you have enough room that you wouldn't need a variance. I am not sure if you would or not. What I was talking about was basically taking the wooden shed and replacing it with a larger shed. Then it is out of the way and not seen. One of my concerns, I will be perfectly frank with you, is that when you build this large shed that you are talking about. lm V401 Town of Wappinger Zoning Board of Appeals Minutes - October 14,1997 Page 3 101- even though it is on the side of your property, it is still overlooking the property that is next door to it. It is going to be quite high. If you look at it from their property, even though the person who lives there now might be fine with it, I am look towards the future. That is basically one of my main problems right there. One of the other things I don't like about it is basically the substantial amount of the variance. I have it calculated to be a 70% variance, which is extremely high. That is my feelings. We will see how the rest of the Board feels when it comes time to vote. I just want you to know exactly where I stand right now. Mr. Fanuele: The shed you want to put in is how big, 288? Can you get by with a 200 square foot shed? Mr. DiPalma: Sure I could. The extra room would be nice. If it is going to create a problem, I have no problem going down in size. Mr. Fanuele: Of the square footage? Mr. DiPalma: Yes, I figured that is what I would need to be comfortable with all of my stuff. would have room to walk in and get what I need without having to rearrange stuff. Mr. Fanuele: You would just make the shed shorter? Mr. DiPalma: Or narrower and shorter. Mr. Prager: I believe all you would need is 10 feet if it is less than 200. Mr. Fanuele: He already has that. The question here is, if we don't give you a variance here for 288, you can put a 200 square foot shed in there. Either way we get a shed located in that spot. Mr. DiPalma: Well, I am not going to offend my neighbors. Mr. Prager: Right, and you understand how we feel, or at least I feel that your neighbor who lives there now might be all for it, but if they ever sell the property, it is one of those things that we have to worry about. If you did it under 200 square feet, you would not need a variance. Am I correct Don? Mr. Close: Right. Mr. Prager: Is there anyone who would like to speak for or against this variance? Please state your name. Mr. Tamms: I am Dieter Tamms. I live a 3 Doyle Drive, right next door to Joe. Mr. Prager: Are you the property that is below it? Mr. Tamms: No, I am the property that is adjoining. (Shows sketch) I would like to have it clarified first - the location of the shed. DISCUSSION OF LOCATION on 1"W Town of Wappinger Zoning Board of Appeals Minutes - October 14, 1997 Page 4 Mr. Tamms: My concern would be that - if it can be done, place a restriction that the shed can never be used for any commercial use, tow trucks, any kind of trucks, commercial vehicles, auto repair. I have seen it on occasion in the development where people have done that type of work. It ruins the neighborhood obviously. Mr. Prager: Yes, then again that would be one of the things that definitely... It is a residential area. Mr. Tamms: I would like him to have what he needs to be happy and enjoy his property. Obviously for him to store his equipment. Go right a head. Now of course is the second concern that I had was the dimension in relation to the size of the house. The house I believe is 20' X 40'. The shed is 50% of the size of the house. I see his need so I do not want to throw curb balls so that he would not be able to have that, but I need to protect my interest. I am hoping you can restrict it so it can never be used for commercial purposes. Mr. DiPalma: That would never happen. Mr. Prager: We can definitely mention that. Is there anybody else here that would like to speak for or against this appeal? Mr. Lee: We live below. Mr. Prager: Your name? Mr. Lee: James Lee - 42 Carroll Drive. Mr. Prager: So you're the house that is right next door. Mr. Lee: He explained it to us, you know what he was building. I don't have any problem with it. He said he was going to side it. Mr. Prager: We have a picture of it here of the type. Did you see the type that it is going to be? I have nothing against the shed. It has nothing to do with that. Primarily, I am worried that if you ever sold that property, the next person that comes in there will see a shed that is that close and that is just not good as far as I am concerned. Mr. Lee: We don't have a problem with it. Mr. Prager: Is there anybody else who would like to speak for or against this appeal? Anybody else on the Board have any other questions? Mr. Fanuele: I feel that if he is going to put up a 200 square foot shed, and with the proper landscaping around it, 288 doesn't make that much difference to me and the neighbors are happy or not complaining that he is putting the shed up. With the proper landscaping it will soften it. Did you mention how high the shed will be? Mr. DiPalma: It will be a barn style roof. Town of Wappinger Zoning Board of Appeals Minutes - October 14, 1997 Page 5 Mr. Fanuele: Do you know how high this is from the center? Mr. DiPalma: I am not really sure. Mr. Close: It had a gable roof on it, didn't Joe? Mr. DiPalma: Yes, like a barn style. Mr. Fanuele: With the proper landscaping, I don't ... You're going to get a shed there anyway, so either way you look at it there will be a shed there. If he puts it there without a variance, he doesn't have to landscape it. If he puts it there with a variance, he has to landscape it because that will be a condition. Mr. Prager: Anybody else have anything to say? I would just like to log in some evidence that we have. A copy of the map of the survey, the plot plan showing the location of the proposed shed, a copy of the brochure from Hudson Valley Storage Shed in Highland, NY. The Findings of Facts, the appellants' property in its entirety falls into the R-20 district classification. It is located at 1 Doyle Drive in the Town of Wappinger. The appellants have submitted a map survey of the property and a plot plan sketch showing the location of the proposed shed. The appellants' have submitted a copy of the brochure from Hudson Valley Storage Shed showing the type of barn shed that they would like to build on their property. The appellants' are seeking a variance of Article IV, Section 420.3 - Schedule of Dimensional Regulations - a 40 -foot rear yard setback is required for an accessory building over 200 sq. ft. in an R-20 zone and the appellants' are proposing to erect a 12' X 24' storage shed 12 feet from the rear property line, thus a 28 -foot rear yard variance is required for property located at 1 Doyle Drive and is identified as Tax Grid No. 19-6257-04-854483-00 in the Town of Wappinger. A site inspection was held on September 13, 1997, by the ZBA Board. Can I have a motion to close the public hearing? Mr. diPierno: So moved. Mr. Warren: Second. Vote: All present voted aye. Mr. Prager: I would like to make a motion to deny the variance for the following reasons. No. 1, will the requested variance de detrimental to nearby properties? I feel it will be even though the building will be built on the appellants' side yard. It will overlook their neighbors front yard at a substantial height. No. 2, an undesirable change will occur to the character of the neighborhood since there are no other properties in this area with this type of substantial setback variance. No. 3, there are other alternative methods to achieve the benefit sought by the applicants. Another shed could be placed in that area at a maximum square footage area of up to 200 square feet or closing in under the porch. Even though that does not seem to be the most practical way to go. No. 4, the requested variance is very substantial. It is a 28 foot variance and I have that coming up as a 70% variance, which is very substantial. I feel that giving that it is a variance of that size it would be really, to an extent, changing the Zoning Law. The variance will not cause any adverse effects to the physical or environmental conditions of the neighborhood. If it was built, Town of Wappinger Zoning Board of Appeals Minutes - October 14,1997 Page 6 it would be self-created - the difficulty. Those are the reasons that I would like to make the motion. Can I have a second? Mr. diPiemo: Second. ROLL CALL: Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Fanuele: Nay. Mr. Lehigh: Absent. Mr. Prager: Aye. Vote: All present, except Mr. Fanuele, was in favor of denying the variance. Mr. Prager: A motion has been passed to deny the variance and it will be filed in five days. DISCUSSION - of Building Dept. procedure. Mr. Prager: The next item of business on tonight's agenda is a discussion of Appeal No. 1249 - Goodwill Industries. They are requesting 180 square foot sign variance for property located at 1271 Route 9 in the Town of Wappinger. (Former Channel Store) Can I ask who is here to speak about this variance? Mr. Walsh: My name is Tom Walsh. Mr. Prager: Basically, what we are going to try to do tonight is get any information from you that we might need or we would like you to bring to the next meeting. This is just a workshop. Mr. Walsh: My name is Tom Walsh. I represent Goodwill Industries. I am also the owner of Sign Language. With me is Mary Cockrin. She represents Goodwill. Mr. Prager: Why don't you tell us a little bit about the sign? We have some information on it. Mr. Walsh: We are proposing a channel letter sign, seven feet by seven feet channel box. It is an icon of Goodwill. Along side it is the Goodwill channel letters with an underline and then "store" as well in channel letters that would be mounted on the facia of the old Rickel building. Actually, I believe the address that you mentioned is incorrect. Mrs. Cockrin: No, he said a hundred and eighty square feet. Mr. Prager: Twelve seventy-one (the address), will you change that Linda? Mrs. Nguyen: I have that. I think she is talking about the square footage of the sign. Originally he presented a different size sign. Mr. Prager: It would be a total of 288 square foot sign. Am I correct? Mr. Walsh: Right. Mr. Fanuele: I have a question for Don. How much bigger is this than the Channel sign? ,"so' Town of Wappinger Zoning Board of Appeals Minutes - October 14, 1997 Page 7 Mr. Close: I believe this is almost in the same footprint of the Channel sign that was there before. If you look in the holes in the facia, it looks as if it is covering the same, doesn't it? Mr. Walsh: If you calculate it the way I calculated it, I boxed out each square footage for the icon, square footage for the Goodwill and the square footage for this. It comes to 188 square feet, which is 8 square feet above. If you encompass the whole thing ... Mr. Prager: Yes, which basically is what you're supposed to ... Mr. Walsh: I researched and found out that Rickel was 288. Mr. Prager: You must have something in your file about the Rickel sign. I assume that they would have had to of gotten a variance in order to get it. Mr. Close: We should have. Mr. Prager: Okay, if you could have that by the next meeting. Mr. Fanuele: Or the Channel sign. Mr. Prager: Either one. You have a sign up there now. Mr. Walsh: We have a banner up there now. Mr. Prager: I just happened to spot it when I drove by. Anybody else have any questions? Mr. Fanuele: I make a motion to set a public hearing. Mr. Prager: Would you like to make a motion for the ZBA to be Lead Agency? Mr. diPierno: I will make that motion. Mr. Warren: Second. Vote: All present voted ayes. Mr. Prager: Neg. Dec? Mr. diPierno: So moved. Mr. Warren: Second. Vote: All present voted ayes. Mr. Prager: I would like to set the public hearing for the next meeting which is October 28`''. Do you feel we need a site inspection? Mr. diPierno: No. cm ,Now Town of Wappinger Zoning Board of Appeals Minutes - October 14, 1997 Page 8 Mr. Prager: I think we are all set. I think we have all the information that we are going to need. The next item of business on tonight's agenda is to discuss Appeal No. 1250 - Kenneth J. Catale requesting a 14 foot side yard variance to construct a 26' X 26' detached garage on property located at 48 Top O' Hill Road in the Town of Wappinger. Mr. Catale why don't you come on up and state your name for the record and tell us a little bit about what you would like. Mr. Catale: Kenneth Catale. I want to put a two car garage on ... I am tired of keeping my cars outside. That is what it really comes down to the bottom line. Not only that, to keep some of my tools and stuff in the garage. Mr. Prager: You have two cars? Mr. Catale: Yes, actually, we have three. Mrs. Catale: (Too low) Mr. Prager: How long have you owned the property? Mr. Catale: Seventeen years. Mr. diPierno: Are you the original owner? Mr. Catale: No. The house was built in 1968. Mr. Prager: Do we have a site plan? I know we have a sketch. We probably should have a site plan. Do you have some type of site plan? That looks like it. No, what we need is an actual site plan of your property. We need something with a stamp on it. Did you draw this? Mrs. Catale: That is from the Town. Mr. Prager: Did you get that Don? Mr. Close: Yes, this is as much as we could get out of the copy machine. Mr. Fanuele: I guess the question that I have is ... Mr. Catale: The architect who did this, I don't know why it has a dormer on it, but it is not supposed to have a dormer. Mr. Prager: Can we have that copy? Mr. Catale: Yes. Mr. Fanuele: It is a one story garage. Mr. Catale: Yes, I am going to put a gable on it. A little storage up on top. That is about it. low Town of Wappinger Zoning Board of Appeals Minutes - October 14, 1997 Page 9 Mr. Prager: This is how high here? Mr. Catale: A 7 foot peek. Mr. Prager: So it is about 25 feet high. Mr. Fanuele: Can we take the garage and slide it over? Mr. Catale: Well, I did. That is another thing that was a mistake on this. This is tucked behind my house three feet, the garage. From the corner of that to the property line is eleven feet. Mr. Fanuele: So, this is 11 feet now instead of 6 feet. Mr. Catale: I asked for a 10 -foot variance. I don't know how it was changed. Mr. Fanuele: This says from here to here is 6 feet. You're saying now it is eleven feet. Mr. Catale: No, it is 10 feet. We just marked it out yesterday. Mr. Prager: So, now you're saying instead of 6 feet, it is 10 feet? Mr. Catale: Yes, actually, it is probably a little bit more than 10 feet. Mr. Prager: That is what we want to hear. Just like I discussed with the other gentleman, if we start giving big variance, we are changing the Law. We are not here to do that. We can give you a little room, but not ... Mr. Catale: It is closer to an 11 -foot variance. Mr. Prager: Is there anyway you could bring it over a little more? I would go the maximum amount that you can. Mr. Catale: I went three feet behind the house as it is now. I have plenty of room on the far side of me. Mr. Prager: So you can bring it over even more? Mrs. Catale: No, it would be directly behind the house. Our driveway runs ... Mr. Prager: Yes, I see how the driveway is. Mrs. Catale: We wanted it so we could come in ... Mr. Prager: So you can come in to the front of it, right? Mrs. Catale: Right. Mr. Catale: The other thing that I can do is I could probably cock the garage ... Town of Wappinger Zoning Board of Appeals Minutes - October 14, 1997 Page 10 Mr. Prager: At an angle? Mr. Catale: So it is more parallel with this property line. Right now, I have the garage laid out parallel with the house. If I turn the garage a little more, that will give me another foot on the far corner. It would probably give me 12 feet. Mr. Fanuele: You are going to take that and push this part over? Mr. Catale: Yes. Mr. Prager: You would still have the same thing on the one corner. Mr. Fanuele: What would this corner be? Mr. Catale: Ten feet, probably eleven feet. I have the original stakes still there on the property. They are metal stakes. Mr. Fanuele: It would be easy to get into the garage if you slide it up a little bit. MIXED DISCUSSION ,r,W Mr. Prager: See how much you can bring it over. That is all I can ask you. Mr. Catale: I have it staked out. Mr. Prager: Does it have to be this wide? Why not put the door on this side instead of on the front? Mr. Catale: Because I am on a hill. In other words, I would have a three foot concrete wall all the way around and the door would be parallel with the dirt. I didn't want to make stairs and worry about water running into it. If I put it on the garage side, it will be water free. Mr. Prager: I would like to see the property. Anybody else have any questions? Mr. Catale: My next door neighbor has the same size garage next to him and two houses down has the same size garage. Actually, the other guy had it done 10 years ago. One is a few feet off the property line. Mr. Prager: I noticed you said that and in fact I am glad you mentioned that again because I did have that highlighted here that there are other structures in the neighborhood. Don, could you check? Maybe you could give some of those property numbers to Mr. Close and see if there are any variances on them. You're saying that they are closer to the line also? Mr. Catale: It has been there for years, since it was built. low Town of Wappinger Zoning Board of Appeals Minutes - October 14, 1997 Page 11 r•• Mr. Prager: I don't think that development was put in before Zoning. If you had put in a single double door, is there anyway of doing that to make it smaller or narrower? It would take this area out and make it a little closer? Mr. Catale: Actually, I had asked for a 26' X 27' and now we are down to 26'. Mr. Prager: Well, if it meant getting the variance? Mr. Catale: Can I keep the same sizes, but move them closer back behind the house? Mr. Prager: Again, I don't know if it is practical to get them in. That is up to you to decide. I don't want to keep you from having a garage. Don't get me wrong, but I want to keep it without going too far overboard here. Mr. Catale: I can probably take another foot off. Mr. Prager: Can you look at it and by the next meeting give us a better idea of the dimensions? Not only moving it over as far as you possibly can, but also possibly making it a little narrower so it is useable. When we decide what the date is for the site inspection, I would like you to put some stakes in and some rope. Now of course, you will probably have to move it over a foot or so, you said, right? SITE INSPECTIONS SET FOR OCTOBER 25, 1997, at 9:00 AM. Mr. Prager: Like I said, as long as you have it staked out ... Then again, if you could bring it over as far as you possibly can ... Mr. Catale: Right now, like I said, I am three feet behind the house. I didn't want a door that every time I want to get into the garage to open the garage door and ... Mr. Prager: I want it practical for you too. I don't want you to take off part of your house in order to get into the garage. Mr. Catale: I have everything piled into a one car garage underneath the house. You can't even move in there anymore. Mr. Prager: I think I have everything. Don, you're going to check for us on those other garages and see if there are variances for those. Anybody else? Okay, can I have a motion that the ZBA be Lead Agency? Mr. Warren: So moved. Mr. diPierno: Second. Vote: All present voted aye. Mr. Prager: Motion for a Negative Dec.? Town of Wappinger Zoning Board of Appeals Minutes - October 14, 1997 Page 12 Mr. Fanuele: Why don't we until the site inspection. Mr. Prager: Okay, so we will wait for the Negative Dec. until the public hearing. I mind as well set the public hearing right now for our next meeting which is October 28"'. Is that okay with you? Again that will be 7:30 when all the meetings start. Mrs. Nguyen: Howard, to do the legal notice I need the dimensions. Mr. Prager: When do you need them by? Mrs. Nguyen: By Friday. Mr. Prager: The dimensions - how far from the property line do you plan to keep it? Mr. Catale: Ten feet off the line. Mr. Prager: You can't move it over anymore? Mr. Catale: I can move it to eleven feet and that would mean I would be three feet behind the house. Mr. Prager: Eleven feet then. That is definitely better than the six feet you started with. Mr. Catale: The property line is cocked so if you cock it, the front corner is still going to stay where it is. Mr. Fanuele: The back corner will have more. Mr. Prager: I think that is all we need. The next item on the agenda is to discuss Appeal No. 1251 - Stephen & Melissa Fischer requesting a 5 foot side yard variance to construct a 6' X 12' bicycle storage shed on property located at 257 Myers Corners Road in the Town of Wappinger. State your name for the record. Mr. Fischer: Stephen Fischer. First of all, since I am going through the trouble to try and get a variance on this, I think I would like to go after an 8' X 15' size instead of 6' X 12'. Would that be all right? Is there a problem with the size? Mr. Prager: I do not think the size will come into it. Eight by what did you say? Mr. Fischer: By 15, 120 square feet. Mr. Prager: That doesn't matter as far as that goes. So it will be 8' X 15'. Are you calling it a shed? Mr. Fischer: A bicycle shed. There are actually two area variances I am looking for. One is for the front yard restriction. I need to have that waived and I am looking for a 5 -foot side yard variance. It is supposed to be 10 feet. 09 Town of Wappinger Zoning Board of Appeals Minutes - October 14, 1997 Page 13 Mr. Close: It is supposed to be 10, right and it is not supposed to be in the front. Mr. Fanuele: The question I have here is you have a lot of property, why do you have to stick it so close to the property line? Mr. Fischer: It is pure esthetics to put it as close to the property line as I am putting it. As a matter of fact, I wanted to ask, can we consider each of these variance requests separately? The most important one is the front yard location. The secondary one would be the side yard variance. The side yard variance, if I can push it up, this is the general location I would like to have it. If I push it up against the property line a little more, it is less visible from the house and less visible in general than where it would be if I push it out a little bit because there is some trees and stuff ... That is the reason I would like to put it farther back. If I didn't have the front yard variance to go after, I wouldn't have bothered at all for any variance. I would have just put it 10 feet out. Mr. Fanuele: I would ask the Zoning Administrator, where is the front yard on this? Mr. Close: I take the front yard to be this is the street ... It is a paper road. That is something else you might want to ... Mr. Prager: That is my next question. Mr. diPiemo: Is it a Town road? Mr. Prager: No, I think this is a private road. Is this the one on a little bend on Myers Corners? Mr. Fischer: Yes, Cappelli owns the right-of-way. The reason for the location is convenient access from the driveway. Our driveway only comes up ... Actually, it doesn't extend this far out. It comes up to about to there, opposite the shed. I do not have any storage of any sort near the end of my driveway and I do have an existing shed over here. It is about 200 or 250 feet way down hill. So, I wanted to put something small up here to keep bicycles in and to keep car related things in. I wouldn't have the inconvenience of having to cart it around. Actually, this shed is completely full now anyway. Mr. Prager: Car related as to what? Mr. Fischer: Like my jack, the things that ... Tools, stuff I cart around with me sometimes. Sometimes like when I am taking my garbage to the dump, I don't want to cart it with me because I would have to empty the car out. Mr. Prager: I noticed you have got, and in your write up you also mentioned about your neighbor's existing shed. I am confused about this shed here. It looks to me like it is in the middle of the road. Is it? Mr. Fischer: This is a right-of-way. Mr. Close: That is your driveway too? •ter+' Town of Wappinger Zoning Board of Appeals Minutes - October 14, 1997 Page 14 Mr. Fischer: Right. Mr. Prager: It is their driveway. Mr. Fischer: Who, our neighbors? Mr. Prager: Yes. Mr. Fischer: They use this same right-of-way. This shed has been there since we moved in ten or so years ago. It wasn't new at that time. Mr. Prager: Their name is? Mr. Fischer: That is Vera. It was recently sold. They recently bought it maybe six months ago. Mr. Fanuele: How far is that shed from the property line? Mr. Fischer: That shed is probably about one foot from my property line. Mr. Prager: Again, can you (Don) check on that one? Mr. Fischer: The difficulty with determining the exact dimensions are that there is no survey marker at the corner here so we are making estimates of where all of those things are. Mr. Prager: I have asked Mr. Close to check on that shed and see if there are any variances on that. And how long it has been there. Mr. Fanuele: Did you ever resolve where the front is? Mr. Close: I say the front is facing the road. That is what I call it. Mr. diPierno: It is arbitrary, but there is no alternative. If that is not the front, where is the front? Mr. Close: That is what Stephen was saying. He could call this the front. Mr. Fischer: I could call this the front since I do not plan to put any buildings down there. Mr. Prager: Again, I am going to ask that same date we take a run out here since it is right around the corner and take a look at this property also. I have a feeling I know where it is, but I would like to see it. Mr. Fanuele: My driveway does not come in to the front of my house. It actually comes in on the side of my house. Mr. Fischer: The main comment that I think I have here is that my impression is the purpose of the front yard restriction shouldn't apply in this case since I have no frontage on any road at all. The shed will not be a tall one. It will be relatively low profile. It will be on blocks so I can move it if I have to. 0 Town of Wappinger Zoning Board of Appeals Minutes - October 14, 1997 Page 15 DISCUSSION Mr. Fischer: I was debating whether to ask for an interpretation verses a variance. Mr. Prager: Can I have a motion for the ZBA to be Lead Agency? Mr. Fanuele: So moved. Mr. Warren: Second. Vote: All present voted aye. Mr. Prager: Do we want to wait on a Negative Dec.? Okay, we will wait on the Neg. Dec. until the public hearing. I am going to set the public hearing for October 28'. Can I have a motion to adjourn? Mr. diPierno: So moved. Mr. Fanuele: Second. Vote: All present voted aye. MEETING ADJOURNED AT 8:20 PM. Respectfully submitted, Linda Nguyen, Secretary Town of Wappinger Zoning Board of Appeals