1996-11-12Town of I. ginger Zoning Board of Appeals
November ,. 1996
Agenda - 7:30 P.M.
Approval of October 8 & 22, 1996 minutes.
,.PUBLIC HEARINGS
Town Hail.
20 Middlebush Roa
Wappinger Falls; N.Y.
1. Appeal #12.31 - At the request of Leslie & Laurie Schlagel who are
seeking a variance of Article IV, Section 420.3; where they are
required to maintain a 10 ft. side yard and they are showing 9' 9";
thus requiring a 3" variance for a "L" shaped pool deck on property
located at 5 Cameli Drive and is identified as Tax Grid
#19-6157-01-461824-00 in the Town of Wappinger_
PLEASE TAKE FURTHER NOTICE the Zoning Board of Appeals declared itself_
Lead Agency and made a Negative Declaration of Significance for this
project on October 22, 1996.
2 Appeal 21232 - At the request of Patrick & Joyce Lacy who are seeking
two (2) variance of Article IV, Section 420.3, whereas they are
required to maintain a 10 foot side yard and a 10 foot rear yard. and
thev are showing a 2 ft. side yard and a 2 ft. rear yard, thus
requiring an 8 ft. side yard variance and an 8 ft. rear yard variance
for an existing 8' X 10" wooden shed on property located at 9 Lawn
Place and is identified as Tax Grid #19-6257-02-992564-00 in the Town
of Wappinger_
PLEASE TAKE FURTHER NOTICE the Zoning Board of Appeals declared itself
Lead Agency and made a Negative Declaration of Significance for this
project on October 22, 1996.
*4%w ADJOURNED PUBLIC HEARINGS
1. _Appeal x#1229 - At the request of Alexander W. Hubner who is seeking a
variance of Article IV, Section 420.3, where you are required to
maintain a 10 foot side yard and you are showing 5 ' 211, thus
requiring a 4' 10" variance to replace a 10'X 20' carport and to
'In-struct an additional I bay garage onto the existina garage on
e? =,r Iand j-,-, identified as Tax Grid
W,1v01.1IY
PLEASE TAKE FURTHER NOTICE the Zoning Board of Appeai, decd a='t
Lead Agency on October 8; 1996.
2 Appeal 41230 - At the request of Camillo Trust. Steven Berner. Trustee
(Keith Capolino Subdivision - App. #8659) who is seeking a variance of
Article IV, Section 420.5.11 whereas you are required to maintain 15
acres in the RMF -3 Zone and you are requesting a 2 lot subdivision
consisting of 5.142 and 6.096 acre parcels, thus requiring a 9.858 and
a 8.904 variance on property located at 109 Old Hopewell Road and is
identified as Tax Grid #19-6157-01-240641-00 in the Town of Wappinger.
PLEASE TAKE FURTHER NOTICE the Zoning Board of Appeals declared itself
Lead Agency on October 8, 1996.
DISCUSSION
1%W Brittany's Airport Luncheonette & Deli - Discuss Appeal #1233 requestina a
use variance to permit an apartment above a luncheonette & deli; whereas
the Zoning Law does not permit those mixed uses in a General Business
Town of. Wappinger.
Zone. The property is located at 1887 Route 376 in the
I "W~
' Tocar. of F1 _i ler Zc,iii.ii,- B>> -�+ of Appc_:1., Town Ha _
r
A3:�ven?bei l.� ,1 _,�,
MiilLite i'appi2lCt*�r Fall;
Members Present.
Mr. P-JiC'er: Chairman Mr. Lehigh: vice Chairman
Fanuele- Member Mr. diPierno: Member
7. warren: Member ANIJHOVED
others Present
2 6 1996_
Now I will
do the October 22nd minutes.
NOV
mr.
Donald Close, Zoning Administrator
Mr.
Mrs.
Linda Nguyen. Secretary to the Z.B.A.
rn
-hen
further
down he is
making a motion to open the meeting.
Prager: I call the Town of Wappinger Zoning
Board of Appeals to
Mr.
order. Roll call please.
POLL:
CALL: Mr. Warren: Here. Mr.
diPierno: Here.
Mr. Fanuele: Here. Mr.
Lehiah: Here.
Mr. Prager: Here.
Mr.
Prager: Just for everyone's information; if
you weren't here before;
-fust
in case you want to know the exits are in the rear of the building.
110
:=;m,�king in the building. The first item of business is the approval of
the
^ct>ber 8th and the October 22, 1996 minutes.
We will take them one
at
a time because Mr. Lehigh was missing at the
first meeting.
*%wN-!--. Lehigh: I will move on the October 8th minutes.
Mn-. d , Pierno : Second.
All present voted aye.
mr. diPierno: Second.
'ote: All present voted aye except Mr. Lehigh because he was not present
} r t-) at meeting.
1tr. Prager: The next item on tonights agenda is a public hearing on
Anneal =1231. At the request of Leslie & Laurie Schlaael who are seek..nq
a variance of Article IV. Section 420.1, where they are required to
maintain a 1.0 ft. side yard and they are showing 9' 911, thus requiring a
var-_aiice for a "L” shaped pool. deck on property located at 5 C'ameli
ve and is identified as Tax Grid 19-6157-01-461824-00 in the Town of
err Wa.n;-ing--,r .
Praaer:
Now I will
do the October 22nd minutes.
Mr.
Fanuele:
I make a motion that we accept them.
Mr.
diPierno:
There is
an error. Lehigh is indicated as being absent an-
-hen
further
down he is
making a motion to open the meeting.
M,_ .
Fan„.fele
I make a
motion with the correction.
mr. diPierno: Second.
'ote: All present voted aye except Mr. Lehigh because he was not present
} r t-) at meeting.
1tr. Prager: The next item on tonights agenda is a public hearing on
Anneal =1231. At the request of Leslie & Laurie Schlaael who are seek..nq
a variance of Article IV. Section 420.1, where they are required to
maintain a 1.0 ft. side yard and they are showing 9' 911, thus requiring a
var-_aiice for a "L” shaped pool. deck on property located at 5 C'ameli
ve and is identified as Tax Grid 19-6157-01-461824-00 in the Town of
err Wa.n;-ing--,r .
r
Mrs. Nguyen:
Mr. di-Pierno
Mr. Let'iigh:
All the m? ilinac are in order.
Motion to open the public hearing.
Second.
Vote: All present voted aye.
dti gip? _1;.Q ii �it.iiCt
Mr. Prager: Mr. and Mrs. Schia.gel would you just like to for evervone's
benefit go over exactly what your asking for? If there are any facts that
�,,e would like to question; we will do so.
Mr. Schiagel: Basically; I have an oval shaped pool in my backyard. The
cool is almost directly behind the house. I built a "L" shaped deck 22
fret by 33 feet. I have some pictures of the deck.
Mr:. Schlagel: We took more pictures than what Linda has already. We
took them this afternoon.
Mu. Schlagel: Basically what happened was I applied for a permit. The
construction of the deck went over. We revised the permit. When
i?ispected, we found that rather than having the 10 feet required by Code;
it is 9"Y". I Just need a 3" variance.
Mme'. Prager: This past week we received a letter. I would like to read it
and put it into the minutes. "Dear Mr. Chairman and Zoning Board
1�ert:bers: Please excuse my absence. I am sorry I cannot be present
`%W tonight to personally express my concern regarding this important matte-1-
b;---cause
atterbecause the hearing date is in direct conflict with my college schedule.
However, I am designating Miss Kiki Mochopoulos to act on my behalf. Let
me begin by saving zoning regulations are part of a comprehensive
community plan developed to protect and improve the welfare of its
residents. Lester and Laurie Schlagel have built a pool deck that is
inconsistent with the areas existing architecture and much too big in s ze
f•._,z: the property it is on. In doing so, they have violated Article IV;
Section 420.3. However; more importantly they have invaded my privacy by
erecting this deck which has affected my driveway and ostentatiously faces
the front of my house. As you enter onto my driveway,. the only entrance-
to
ntranceto my property, you must pass this deck to get to the front of my house.
This deck is located in such a manner that one must confront or be
confronted with the ongoing activity of that moment from the Schlagel's
which makes it extremely uncomfortable for all parties concerned. The
deck is so obvious that it has seriously compromised the beauty of the
area and the privacy of my property especially the front of my home.
Hence, this violation that they have created is totally unacceptable to me
and therefore; I strongly appeal to the chairman and Zoning Board Members
to direct the Schlagel's to correct this violation without delay. In
conclusion, I offer a remedy which I think will enhance their property
esthetically with minimum maintenance; give them pool privacy and restore
my privacy. If they will go on record promising that at their own expense
they will put into place a natural barrier of arborvitae one foot outside
the north side of the Patchoros driveway property line; starting from the
Beginning of the pool deck (Permit X96-5991 that faces said driveway and
going 75 feet back (eastward) one foot outside the property line. The
arborvitae must be at least 5 feet tall at time of planting. This
iti _ippf_ligcr ii'i �; P.c:arc
Minutes - November1?: 1qw
Pago
endeavor must be completed by May 31; 1997. This barrier must be
,,maintained by the Schlagel's as long as the pool and deck exist.
Furthermore; any of said plants that die must be replaced immediately by
an identical plant. Failure to uphold the terms of this agreement will
entitle Paul Patchoros or his designee to correct and maintain this
barrier at the expense of the Schlagel's. The purpose of said barrier is
to screen the Schlagel's pool and deck from being exposed to persons:
traveling on the Patchoros driveway and from constant view from the front
of the Patchoros home (private nuisance). Only if they agree to this
remedy will I ask the Chairman and the Zoning Board to waive the violation
and grant the variance." It is signed Paul Patchoros. With it he has
also drew up a diagram of his house; the Patel house, and your property
also. Have you seen this?
Mrs. Schlagel: Yes, I dropped off some receipts to Linda. I saw it and I
don't agree with it.
Mr. Schlagel: It is basically right. It really is not to scale. Not
counting the house space, I have 60;000 sq. ft. of property. It is a 660
sq. ft. deck. It really is not as big as it looks in that picture. The
picture is distorted. The placement is close. You can see where his
house is.
Mr. Prager: I went in the last week and took a look at your pool. because
I was interested in it myself.
Mrs. Schlagel: That is why we brought the pictures for tonight.
4-0
Mr. Prager: I know last month there was some things in the minutes here
that I would like to question you about. It said that the Building
Inspector measured according to my neighbor saying where the property line
was. Which neighbor said this?
Mr. Schlagel: Mr. Patchoros, he pointed out the property line. I wasn't
there at the time.
mrs. Schlagel: I was there when either Don. or Mark was there.
Mr. Schlagel: I'm here applying for the variance. I'm not here to
dispute the property line. If that is where he says it is; I`m sure that
in where it is at.
Mr. Prager: You mentioned that the property borders a right-of-way.
Isn't that really Mr. Patchoros's property?
Mr. Schlagel: Yes; it is a driveway.
Mr. Prager: Well; there is actually lawn there. Am I correct next to the
driveway?
Mr. Schlagel: Right; he borders me on 3 sides with exception of the
frontage road; which is the only side he doesn't.
AWMr. Prager: Is Mr. Patchoros here?
Wappinger Zing Board
Minutes - November 12, 1996
Page 4
Mr. Patchoros: Yes, i spoke to my professor and he told me I could come.
`rr
Mr. Prager: I know last month you also mentioned there is a right-of-way
permission for that. I was confused about that.
DISCUSSION OF THE DRAWING MR. PATCHOROS SUBMITTED
Mr. Schlagel: That piece of grass is actually part of the right-of-way.
It is just a piece of grass that borders his driveway.
Mr. Prager: But, that is his property. I have some other questions, but
I think I will leave them for a few minutes here. Is that what you have
to say about it right now? What I will do is get some input from the
audience, anybody that wants to speak about it or against it.
Mr. diPierno: When was these pictures taken?
Mr. Schlagel: The ones from the roof were taken this morning. The other
ones showing the driveway was taken before the discussion, last month.
Mr. Prager: Is there anyone else in the audience that would like to
speak?
my. Patc_horos: The only reason I'm doing this is because it does invade
my privacy. I think my position was clearly stated in the letter that I
wrote to the Chairman and the Zoning Board. There is no privacy in the
front of my house now because of that deck. Not that I'm trying to
begrudge them, but when they get up on that deck they have loud music
going. It is more than just this. I would have to say that because it i.:
that close that is why we have this problem.
Mr. Prager: Is there anybody else that would like to speak for or against
this variance? I want to get these questions done first and then I will
let you guys ask any questions you might have. When did you purchase the
property?
Mrs. Schlagel: August 16th of last year. If Mr. Petchoros has any
request of me outside of this, to keep music down or whatever ...
Mr. schlagel: We would be willing to entertain that. Granting or denying
the variance isn't going to change the deck. The deck is going to be
there; just 3 inches smaller.
Mrs. Schlagel: If there is a problem with this or not; I respect him
Mr. Schlagel: It has nothing to do with this.
Mr. Lehigh: A little bit of a natural barrier in there would screen some
of it.
Mr. Schlagel: Right, the
edge of the deck is almost 6 feet
off the
ground. The flooring of
the deck is
almost 6 feet off the
ground. Five
or six foot bushes, all that will do
is hide underneath the
deck which T
plan on enclosing anyway.
The only
thing that it is going
to block icy
your not going to be able
to see the
bottom of the pool. You
will ez, t tlbe able t_, see dec}=-
Mr. Prager: I had to look it tip in a landscaping book- There is
different types of this and they do grow taller. I have to assume he
wants .something to grow taller than 5 feet.
Wappinger 2"R"ing P"Clard
Mini_ttes - November 12. 111q 6
Page
Mr. Patchoros: What I'm suggesting is called arborvitae. It is a very
=lice looking plant. They grow tip 12 to 15 feet as long as you take care
of it. there won't be any problem.
Mr. Prager: who did you purchase the property from?
Mr. Schlagel: Pascarella's.
Mr. Prager: That is why the site plan is in their names. What did you
sav the size of the property is?
Mr. Schlagel: Point six one acres.
Mr. Praaer: How far do you feel your house, now that would be on the
south side, the side of the right of way, how far is the house from your
property line?
DISCUSSION OF THE SITE PLAN
Mr. Patchoros: Mr. Prager, if I may sir, I didn't bring any pictures
,,tonight; but I invite any one of the Zoning Board Members and yourself to
come and take a look.
Mr. Prager: I've been there. In fact I've seen it. I passed down your
driveway yesterday. There is a couple of trees there that you can
consider a little, but it is open. Does anybody else have anything to
a
Mr. Fanuele: What is your feeling on putting up a natural barrier?
Mr.
Schlagel: Well;
Mr.
Patchoros
is recommending
75 feet of shrubbery.
It
is going to cost a
lot
of money.
I would rather
take the 3" off the
deck
to tell you the
truth.
I will
take the 3" off
the deck and it will
be
a pain for me and
cost
me some money, but I will
be within the bounds
of
the Code and I will be
fine with
that.
Mr. Fanuele: I think the question here is how can you come up with a
compromise to solve the problem and not be angry at each other.
Mr. Schlagel: To tell you the troth, I don't think you could come up with
a compromise that would slut us both. If the deck had been three inches
shorter, three inches is not a whole lot. The deck would have been three
inches shorter and it would have been within code and we wouldn't have
been here tonight, there would have been some other problem. I don't
think that the deck is the whole thing.
I%VMr. Patchoros: There is nothing more than that sir.
Mr. Prager: Well,we are here just for the deck.
'%W Mr. Fant"Ple.
nett there?
wappi_nger Zt�sng Board
Minutes - >`lo`7embel
Page. 6
Is there some other type of trees or bushes that could be
Mr. Schlagel: I just picked up 10 trees from the National Arbor Day
Fo,.Indation. They just sent me 10 trees, some dogwoods and hawthorns.
Basically; I'm growing them up from seedlings. I'm going to transplant
the -m,. but that will take time. They won't even be ready to transplant for
at least ' years.
Mr!:;. Schlagel: Even if there was 3 inches taken off the deck, it wouldn't
make that much of a difference whether there are 5 foot shrubs or 25 foot
;.rubs .
M Prager: I agree and I think that is what you have to weigh because
-- that if I was to vote for this I'm sure I would want to see some
ii ?E a t�: e V: -a iancP_.. Bilt, if you take the.
m w11 i 1I1g t0 pl't Nome shrubs. I' Ve PlilcivPO, "t ^7 v-!
biz.i,Ps to the property line. They are about 6 feet. It looks like tl.ey
might not recover. If they don't recover; then I'm more than willing to
Mr. Prager: Are they planted there now?
Now Mrs. Schlagel: The dead things that are there, yes.
Mr. Schlagel: They should grow pretty tall.
Mrs. Schlagel: Granted they are not green year round.; but
SFr. Prager: I think we would almost have to do something a little better
than that for screening. At least for Mi:. Patchoros's house to be able
not to see it. That is my feeling anyway. I don't know about anybody
else.
Mr. Fanuele: You need some type of screening there. If not the type that
was suggested, some type.
Mr. Prager: But, something that is up now.
Mr. Patchoros:
If I might
add,
Mr. Prager, I tried to be as reasonable as
I possibly can.
I could have requested
that the whole side be ... I
didn't do that.
I didn't
also ..
They have arborvitae 6 to 7 feet,
which would have
cost them
more.
I put that into consideration also. I
tried something
that would
be a
happy medium. I just would like the Board
to know that.
Mr. Fanuele: I think with the trees there the music will be less since
there will be a buffer zone between the sites. Everything will be more
harmonious.
*4r
Mr. Patchoros: I think that would be a good remedy for both of u
Wapp i ager Zvailing Board
p.4int: es� - tlovemher 12 , 1ggc,
Pagee ,
Mr. Prager: Would that he agreeable al.SO to YOU? I'm going by the two
'%-Jarge trees; as you get back towards your house and you see that kind of
framed in between there. That is where I'm speaking about. Screening
that so it is high enough and full enough that it wouldn't take 10 years
to fill in. It would have to fill it in now. What you would have to do
is plantsomething that would take care of the screening now
Mrs. Schlagel: Maybe one or two bushes.
Mr. Prager: It will take more than one or two to fill that area in.
Mr. Schlagel: If that is what it is going to take, I guess I could do
that, but they will be on my property and they will be trees of my
choice.
Mr. Patchoros: See the arborvitae is a very hardy plant. It is year
roundit doesn't shed any leaves, it doesn't do anything. so, they won't
clave a , ny problems with it, none whatsoever. Once they put it in, it is
ijj.
Mr. Lacy: Your trees, you might want to remember that it is a swimming
pool so you want something that doesn't shed like he said_
DISCUSSION
Mr. Schlagel: I will look into those trees and if they are fine, then I
will plant ..
Mrs. schlagel: Like two or three of them.
Mr. Schlagel: It would cost me, ten or fifteen trees.
Mr. Prager: What I'm interested in is you would have to put a number of
trees that would screen it completely. Not one or two because one or two
might not do it, but enough that your not going to be able to see between
those two trees.
Mr. Lehigh: If he puts a pine tree or something like that, your going to
have to have ten feet between them to give them room to grow. Your
talking about, if this measurement is right at seventy-five feet, then yoi,
are talking about seven evergreens.
Mr. Patchoros: It
is not going to be
a natural barrier right away;
but it
will. If I might
add sir, I already
went to Frank's Nursery and I
asked
teem. I said what
is a good time for
this plant to be planted and
how
tall it should be
and how far apart.
They came up with five feet,
four
feet apart and that
would be about thirteen
bushes.
Mr. Lehigh: Lets sav that the decision rest up here, not there. You Tuve
made your comment, your suggestion, but the decision rest with this Board.
Mr. Patchoros: Absolutely.
Mr. Lehigh: Thank you for your input, but we will take It from here.
wappinger 7-vao_lig Foal,:]
Minutes - November 12, 11719i
Pane
Mr. P1'ager : A1'! itl"_i11 f
Mr. Fame(: I would like to make a suggestion that we table this so that
vola can draw up a plan of what is going to be planted there and come back
and show It!;.
Mr. diPie.rno : I agree.
Mr. Lehigh: I think it is ridiculous to have to take three inches off the
deck.
Mr. Prager: Maybe both of vote could sit down and kind of figure ol.tt what
you would both be happy with and come back for the next meeting.
Mr. Schlagel: That would be the twelfth.
Mr: Nguyen: No, November 26th_
Mr. Lehigh: I make a motion to adjourn the public hearing until November
2'_, t?1 .
Mr. Warren: Second.
Vote: All present voted aye.
Mr. Prager, The next item on tonights agenda is Appeal 11232. At the
request of Patrick & Joyce Lacv who are seeking two (2) variance of
Article IV, Section 420.3; whereas they are required to maintain a 10 foot.
side yard and a 10 foot rear yard and they are showing a 2 ft. side yard
and a 2 ft. rear yard, thus requiring an 8 ft. side yard variance and an P.
ft. rear _yard variance for an existing 8' X 10' wooden shed on property
located. at 9 Lawn Place and is identified as Tax Grid
-19-6257-02-992564-00 in the Town of Wappinger. Mr. Lacy, just explain
exactly what you would like.
Mrs. Nguyen, All of the mailings are in order.
Mr. Lehigh: Motion to open the public hearing.
Mr. Fanuele: Second.
Vote: All present voted aye.
Mr. Lacy: I own an 8' by 10' shed that I placed there a few years ago
unknowing it required a permit. I placed it two feet from the side yard
and rear yard. Due to the way my land is, my pool Do you have a
survey on file?
Mr. Prager: Yes.
Mr. Lacy: It is situated in the corner of the property and for me to move
it, I would have to move it to accommodate the variance. I would have to
*I%wmove it approximately eighty feet because there is a pool right in front
of that and there is also some low lying areas where water collects in the
spring when the winter thaws. So.. I would like to keep it away from the
Wappinger Lvotng Board
Minl_Ites - November 12, 1996
Page 9
water. So I would have to put it on a gravel base and put the skid and
keep it away from that low lying area. So; the expense to move the shed
like that would probably be a few hundred dollars, poo.00 or so between
the gravel, the skid, and heavy equipment. The shed is only worth about
$60o.ou at this point. It is a nice looking shed as you can see from the
_photos. I did send out some certified letters to the neighbors
adjoining/abutting and to the best of my knowledge there wasn't any
objections to the shed being in that location. My immediate neighbors
have no objection. I've discussed it with each neighbor and they haven't
had .. You may have received a letter.
Mr. Prager: No, I haven't anyway.
Mr. diPierno: What prompted you to apply for the variance?
Mr. Lacy: Right now I have an addition going on right now. When the
inspector came out, he observed that it was not up to code.
Mr. Prager: Anybody else that would like to speak for or against this
variance? Let the record show that there was no one that wanted to speak
for or against the variance.
Mr. Fanuele: I make a motion to close the public hearing.
Mr. Prager: Before we do that, let me just log in these pictures. If you
could log those in as the evidence please.
I%W Mr. Lacy: There is also a chain link fence surrounding the lawn.
Mr. Prager: Yes, I noticed that also. okay, we have a motion to close
the public hearing and a second?
Mr. diPierno: Second.
Vote: All present voted aye.
Mr. Prager: I make a motion to grant the variance for the following
reasons. There is no substantial detriment going to be created to nearby
properties. The requested variance will not produce an undesirable change
in the character of the neighborhood. There was no other feasible method
at this time without a large expense to achieve the benefit that is
,ought. The requested variance is substantial. The proposed variance
will not have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district. The alleged difficulty
actually is self-created because you did put it in that place by yourself;
but other than that weighing it out and balancing it against the other
facts, I feel that we should grant the area variance. Can I have a
second?
Mr. diPierno: Second.
ROLL CALL: Mr. Warren: Aye. Mr. diPierno: Aye.
Mr. Fanuele: Aye. Mr. Lehigh: Aye.
Mr. Prager: Aye.
'rrr t'appi ngel
Minutes - November 12, 199
page 10
Mr. Prager: That will be filed in five days; then you can go ahead and
'%-get everything else cleared up. The next item on tonights agenda i, an
adjourned public hearing from the last meeting for Appeal #12.29. At the
request of Alexander W. Hubner who is seeking a variance of Article Tv;
Section 420.3; where you are required to maintain a 10 foot side yard and
yott are showing 5 ' 2", thus requiring a 4' 10" variance to replace a 10'X
>0' carport and to construct an additional 1. bay garage onto the existing
garage on property located at 106 Mac Farland Road and is identified as
^'a_- Grid =19-6157-04-970424-00 in the Town of Wappi.nger. Mr. Hubner, we
adjourned this meeting last month because there were a couple of issues
that was presented in a letter by your neighbors Francis & Jeanne
Sharkey. They were asking that if it was approved or granted that they
would like to have you put up a stockade fence on the side of the property
facing their property. Are you familiar with the letter?
Mr. Hubner: I'm familiar with Jeanne's letter_
Mr. Prager: There was one other thing brought up at that time. We
brought up about screening. I see a hand back there. You must be Mrs.
Sharkey?
Mrs. Sharkey: Yes.
Mr. Prager: Okay, we will get to you in just a second. Okay Mr. Hubner.
Mr. Hubner: I just wanted to comment on the letter because there are a
y`Lot of untruths in the letter that I found. One of them is the comment
that I had been in contact with Mr. Keller. I don't know Mr. Keller. I
know he has passed away, but I never saw him. I wouldn't know him if he
walked in here today. I never knew Mr. Close until he came out to examine
the foundation diggings after I got the permit. I got the permit and gave
i_t to my contractor and we started back hoeing and digging the
foundation. I think some of you gentlemen have been out there to see how
far we are. I think Mrs. Sharkey mentioned. that the original carport was
smaller than it was. You can come out and examine all of the material. T
have it laying on the property. I had ten foot fiberglass panels. I had
four inch cedar frame with ten foot two by fours every two feet. That is
t,,;if_tt tied cl up both carport roofs. All of that material is still laying on
_:oerty ce-,vered up with some of the panels and also with some t:ai
p vNl i_f`J fileii;7h I'ty 1 ii),1-i.ii after p�T
1
illt ncd e-am1ned, the fOLtndatlori Cl'L� �Jliii�['= . T�z�' ��`- - V,7
,ubmltted by the contractor that showed 15 feet I think what he
measure from our garage over to the line, which is 15 feet. I don't th inl<
in that drawing lie actually showed that the carport was going to be 10
feet. I think that's what the discrepancy is there. Then, in addition to
that Mrs. Sharkey had. spoken to me on the phone and said I moved the stake
on the property. I think I verified that by having a surveyor come out
and ve.ri_f.v that the stakes are correct. As a matter of fact, the stake i.s
one inch off according to my surveyor. Another comment was about
inaccessibility of a vehicle. I'm not quite sure what she meant by that.
I have no intent to drive vehicles tap to the back of the property. Tf T
had. to take anything up there, they could easily go tip the path and. over
%wthe lawn and up into the back. That is no problem. The back hoes have
already been up in there. Encroaching on the property, I don't think I'm
trying to encroach. I'm just trying to replace a building that was there.
"rr. Wappinger noning Board
Minutes - November 12, lgg6
Page 11
That is the thing I don't understand. I had something that was built.
`'wT'm trying to replace it, improve upon it. I'm not trying to encroach on
anyone. Then, getting back to the fence, I think I'm far enough away.
I'm almost two hundred feet from any of my neighbors homes on the north
side of the property. I don't see why I would need any stockade fence put
up. I'm against fences myself, personally. I used to do a lot of
traveling and I used to travel quite a bit to Latin America. That is a
big thing down there. As soon as you buy property, you put up a fence and
a big stone wall and then put glass chips along the top. Before you know
it you have a section that is all roped off. People that come to this
country actually are amazed that we have open lawns. People go from one
property to another and nobody says anything. Now we are getting into
this concept of fences. I'm against it. I don't know about you
gentlemen. I can put up .. I have burning bushes that are five feet high
that I could move along there. The one whole side of the property is
already full of rose of Shoran bushes. I planted them years ago. I just
crit them down so they will fill out because in the woods back there they
don't get enough sun to blossom out. Other than that, I think the letter
in a lot of hogwash.
Mr. Prager: Anyone else would like to speak for or against the appeal?
Mrs. Sharkey: Actually, I'm talking on behalf of my husband Francis and
my name is Jeanne Sharkey. The letter was from Francis and Jeanne
Sharkey. I'm sorry I had to adjourn this meeting before, but we were
going away and it was all planned. At the last minute, I saw that I had
..,to deliver a letter so I did right before. So, with Linda I inspected th,p
file. I inspected the file and I looked at all of the pictures that were
there, that were presented. So, right now, I am still very unprepared
because I just buried my father yesterday. I came from Canada and we
couldn't leave until today because we could not come across because we liar'
eight inches of water. I have some pictures and some letters. We moved
there in 1974 and there was no such carport in the back. When we
purchased the property we got a mortgage. So the mortgage would have seen
that it was closer than 10 feet at that time. Then, all a long we were
friends until we refused to let them build. Until he called and asked "Do
you want to sign a letter that I can Just build there?" I said, "Build,
build what? We want to see what your going to be building there." He
said, ..
Mr. Hubner: I wanted a letter for a variance.
Mr. Prager: We waited for you. (Meaning Mr. Hubner already had his turn
to speak.)
mrs. Sharkey: I want to see what you would be building there. We want to
see where the property line is. He said, "No, there is a stake there." I
said, "Weil, who knows if it is at the proper place."
Mr. Prager: That has been taken care of now, am I correct?
Mr. Hubner: Yes.
°rrr
Mrs. Sharkey: He said he was going to get a survey. I said, "Well you
get a survey and we will see." In 1990 we did a soil survey on thr
wapp- ngPr 7vao `L11CT I
Minutes - November 12; 1996
Page 1'
Property. There i:� a iot of water cominer from the Hubner property. I
*Awliave photographs and I also have a magnifying glass so you can look better
if you want to. In 1990; we had a soil survey done on our property and I
have the report here; but we are good neighbors and we. did not do anything
about it. Indirectly we let them know we were doing a soil survey. So..
Mr. Hubner directed his water not really down on our property; but in such.
a way that it goes on the other neighbors property. Now; I have a letter
fere that you can read about the soil survey. It was done by the Dutches:
County Soil & Water Conservation District. It is the Farm and Home Center
'Cuilding in Millbrook and it is dated May 7; 1990. It is three pages. If
vola want to ...
Mr. Prager: My question is going to be No. 1, do you feel that by
building this addition, this one garage on this one side, is going to make
the water on your property worse and why?
Mrs. Sharkey: Because I have pictures here and I can show you how the
water is going.
Mr. Lehigh: I don't see how a foundation for a carport is going to make
the water go on your property. I don't understand that_
Mrs. Sharkey: Wait a minute. I will show you.
DISCUSSION OF PICTURES
`,2r. Prager: Mr. Hubner are you familiar with these pictures?
Mr. Hubner: Were not familiar with any of this. I have water running
down from adjoining properties. My intent not to deviate from this is to
have this back hoe go up here. I have a ditch from Mac Farland Road all
the way tap on my property, but it doesn't go up far enough. The water
runs off this hill constantly. When we dug, we actually ran into one of
the tiles and the CCC, put in all these tiles back in the Roosevelt era.
Kenny Krasher is the one who told me about it. He helped. put them in.
Here is where the carport was.
Mr,. Hubner: These are new pictures.
Mrs. Sharkey: They were taken this spring because we had all of our
trees, so many trees ...
Mrs. Hubner: Oh, yes, we had trees down too in that January storm.
Mrs. Sharkey: But not like we did. We had thirty-six trees.
Mrs. Hubner: That is not our problem that you had thirty-six trees.
I,Irs. Sharkey: It is caused by the water being formed there.
Ar.
Hubner: We had winds.
'Mrs. Sharkey: The other neighbors trees are not falling.
'fir. Htbner: Plus, everything has been cut down on the Sharkey's trees,
Wapplrger .wWninu ROal-d
Minute; - November 12 ; 19c) h
Page 1?
where the other places are wild, which helps stop the wind.. The more you
' —c,.lt down, the more your liable to lose trees.
Mr. Leh i.gh: We are getting away from what we were talki_na about. The
ditch I can understand that. It doesn't show where the end of it is;
where the end of it is running on their property. I think you should take
it out to the end of the road.
Mr. Hubner: I could take i.t out to the road; but it goes ...
Mr. Lehigh: That whole section in there is a swampy area all spring.
Mrs=.. Sharkey: No, it is a swampy area now, it was not like that.
Mr. Lehigh: I've lived here thirty years and gone by that property and I
live just a little ways from you and the front of that property; yours Is
„nd.erwater all during the spring. It is coming down the hill.
Pers. Sharkey: It has not been so bad since the water has been
redirected.
Mr. Prager: The only thing I'm saying is and again the only thing we
can't really do too much here about water that is coming from any other
area. If that garage was blocking water and it was going over your
property; that is a different story. I don't see where it could be. Now;
if there is a possibility to put a Swale or something there so it doesn't
.. Just next to the garage.
Mr. Hubner: I had a gutter on the one side of the carport, which ran down
into this ditch. I had no gutter on the opposite carport, on the south
side. because it was down hill anyway. It was one foot below the top
side. I'm getting water coming right out of my lawn in the hack_
Mr. Praaer: I'm sure you are. The only thing I would worry about is I
don't want you to put an addition on there and block water and then it is
going to go onto Mrs. Sharkey's property. That I don't want but, if you
could make a Swale, make it a little high so it goes right next to the
garage.
Mr.
Hubner-
The back
hoe operator said he would set me ,_ip with a drainage
ditch because I want
a drainage ditch.
Mrs.
Sharkey:
Where
will it drain?
Mr.
Lehigh:
He will
have to take it out to Mac Farland Road.
Mrs.
Sharkey:
Okay.
Mr.
Prager:
can you
do that?
Mr. Lehiah: No, but you can take it out to the edge. There is a ditch
along the property. I don't know what you can do there legally. I do
*mrknow you can get a hold of the Road Sij-oervisor and ask him what you can do
and you can get a hold of the Puilding Inspector and ask him what to do.
aren't going to da the work can help you to a certain degree. They
Wappinger '2ft0ting Board
Minl.Ite=: - November 12, l9q
Page 14
for you, hit they can g;-ve you their opinion of what you can do and what
*a-Vou can't do.
Mr:;. Sharkey: Right here on the ground there i_swater bubbling out of the
around_
Mr. Lehigh: That has nothing to do with the carport.
Mr. Prager: Let
me put an
end to this right now. The thing I want to
mention is if we
grant this
variance and if we allow
you
to build this
garage; build it
in such a
way that there is no blockage
of water from the
back of your property that would not be able to come
out
towards the front
so that it does
not go onto
Mrs. Sharkey's property.
I'm not saying yoll
would have to put a ditch or anything else there for
the
whole rest of the
property in the
back. All
I'm interested in is that
you
not stop any
water that might
be falling
from up above ..
Mr. Hubner: From the garage.
Mr. Prager: Right, with the garage addition.
Mr. Hubner: I don't want to go all the way back.
Mr. Prager: No, definitely not.
Mr. Hubner: I would be going back to Powers property and draining off the
�,,ihole hill. They actually have their own drains that they have dug
because they used to be inundated with water.
Mrs. Sharkey: And then also I was surprised when I looked at the file
this afternoon and we. just got back this afternoon, so I went over, Linda
right? And I said, "Can I look at the file?" She said, "Well, I'm going
to go to a meeting and you don't have much time, like five minutes."
There were other pictures there that was added, but there was also one
}
�r-,_,;,e•d. The �•I, - that was removed was the one that I was basing
}
t l _- rs n" 11 - a t
{ � = t� i_ -;.t;
?=id it wc-:
M Lehigh: That really doesn't have anything to do with it.
Mr. Prager: That really is not going to bother me one way or the other.
I'm going to judge it on the ten feet that he want.
Mrs. Sharkey: Then, another thing also, I looked at the diagram that
there is going to be a door opening. A thirty foot door that is going to
open in the area where there is .. How big is the area?
DISCUSSION OF WHICH DOOR MRS. SHARKEY WAS REFERRING TO.
Mrs. Sharkey: So; if you have a 30 foot door that is going to open, how
^a1i y011 go around it?
fir. Hubner: That is an entrance there. That is a twenty-four inch door.
Plrs. sharkev: I was told by Linda that it is thirty two.
*%W
Mrs . Nguyen
It shows here it is 32 inches.
lWappinger M'O1!ling Boa' cl
Minutes - November 12 ; 199-,
Page 15
Mr. Hubner: I don't need a door, but I don't have a 30 foot door.
Mr. Prager: Mrs. Sharkey, Mr. Hubner said lie would do away with the door
on your side.
Mrs. Sharkey: Yes, because how could you open the door. What is the
variance there?
Mrs.
Nguyen:
Four feet ten inches.
Mr.
Prager:
He is going to do away
with
that door.
Mrs.
Sharkey:
And we would like to
have
plants there.
Mr.
Prager:
Now, we had questions
about
fencing and screening. Mr.
Fanttele?
Mr.
Fanuele:
I think you could put
up a
fence and it would be the same
thing
as seeing
the garage.
Mrs.
Sharkey:
I don't mind the garage..
Por. Fanuele: if I put the garage there and I eliminate the door, the
„4,garage side will look like a fence. So; to put another fence doesn't
improve anything. A suggestion again like we talked to the other people;
some type of a living fence, hedges, bushes, trees that could be planted
there will soften the appearance of the garage rattier than have another
fence close to your property. So, if we could put some type of bushes
there to .. the garage.
Mrs. Sharkey: It is not that. We just don't want any encroachment. I
don't know how long we are going to live there. My husband is already
retired and I'm going to be retiring. We were going to hang around here
because my father was old, but he is gone now_
Mr. Fanuele: If he plants some bushes along the property line, there
would be no encroaching at all.. The bushes will block.
Mr. Prager: Is that all right with you Mr. Hubner?
Mr. Hubner: Yes.
Mrs:. Hubner, I think our contractor mentioned that two weeks ago. That
would be no problem.
Mr. Prager: Is that okay with you that he puts up screening?
Mrs. Sharkey: Something that can not be encroached-
' Mr. Prager: Shrubs or something? Would shrubs be all right?
Mrs.
l
Sharkey: It is so far away from the house that if we try to Nel
lm
Wappinger 7,i%wr`ng Board
Minutes - November 12, 1996
Page 15
that and have a survey, the surveyor will see if it is being encroached.
Ow Which will stop people from buying because banks don't want to lend to a
piece of property that is encroached-
Mr.
ncroached_
Mr. Lehigh: It is not being encroached.
MIXED DISCUSSION
Mr. Hubner: Rose of Sharon and they are very easy to transplant.
Mr. Prager: It sounds to me like something that basically can't fall over
onto their property.
Mrs. Sharkey: We don't want no more water coming down. It should have
been stopped a long time ago.
Mr. Prager: Well, I'm not going to say anything about the water. That
water might be coming from in back of the garage and that would have
nothing to do with it.
Mrs. Sharkey: No, that water is coming from all around his house. He has
piping all along his house that was under the ground. There is a pipe
there that water is coming out and that is the water that you see here.
Now, there is another .. If you see the Building Inspector ... I
looked up the file and it has it written to correct whenever you see the
pictures with the big bull dozers, that was then. There was a big trench
;ghat was dug from the house way to the property line.
Pair. Hubner: Yes, that is my house drain.
Mrs. Sharkey: But, you can not go to the property line and dump it on the
property line so that it goes down the drain, but he is doing that. It
has not been corrected.
Mr. Lehigh: We have no control over that. You will have to talk to the
officials from the Town. We have no control over that.
Mrs. Sharkey: Well, it is because it was on the building permit.
Mr. Lehigh: No control over that whatsoever.
Mr. Prager: I have to still clear up about the screening. What do you
plan on putting in there?
Por. Hubner: I can put in burning bushes. The whole back is already
planted with ...
Mr.
Prager:
I know, I
walked through there myself.
Mr.
Hubner:
And rose
of Sharon bushes.
Ks.
Sharkey:
No, no,
that is not good. That is not good.
'"fir►
Mr. Panuele: Rose of Sharon are not good? Do you have a suggestion?
Wappinger ZNwKng Boaid
Minutes - November 12 1996
Page 1?
Mrs. Sharkey: Some type of an edge that is thicker than that.
Mr. Hubner: There is Nothing back there to see where the rose of Sharons
are, but I put them all along the property line. I don't know what is
bothering Jeanne, what is annoying her. Rose of Sharon I planted and
they are on my property-
Mr.
roperty-Mr. Warren: Something that would soak up that water too maybe.
Mrs. Sharkey: Are you going to read the report?
Mr. Prager: I'm not really too interested in that report as far as the
water.
Mr. Lehigh: What the soil report?
Mrs. Sharkey: Yep;
Mr. Lehigh: That has nothing whatsoever to do with this case.
Mrs. Sharkey: It tells you all about it. It tells the solution.
Mr. Lehigh: The solution for what?
Mrs_ Sharkey: It was done because the water was coming down on our
property.
Mrs. Hubner: From the storm in January. We all were devastated.
Mrs. Sharkey: No; that was in 1990. This is You should read it. If
you read it, it will tell you.
Mr. Lehigh: Mam, your getting back in the water situation, which we have
no control of and is not really relevant to this variance.
Mrs. Sharkey: It is.
Mr. Lehigh: You think it is, blit I don't.
Mrs. Sharkey: How could it go around this ninety degree angle when the
water goes this way?
Mr. Prager: You can Swale it up.
Mrs. Sharkey: That is what we want.
Mr. Prager: Put a little gentle Swale on the edge of the property.
:sir. Lehigh: He already said he would do that.
Mr.-. Sharkey: Where do you live?
OwMr. Lehigh: In Louie Eck development off Old. Hopewell Road on orchard
Drive.
Mr. Hubner:
Wappinger ZcTng Poard
Minutes - November 12, 1996
Page 12,
T would like to get rid of water too.
Mr. Prager: Okay, he is going to put a swale on the edge of his property
so that it is higher. So that any water coming from the back_ of the
property will hit that Swale and come around the garage and goes towards
the front of the property.
Mrs. Sharkey: What is a swale?
Mr. Prager: It would be like a berm. It is a little higher next to your
property and _lower ..
Mrs. Sharkey: okay, it goes like that, right so that it can go
Mr. Prager: There you go. So, it will go around the garage. He can't
take care of it in the back of the property. That has nothing to do with
tlii 5; .
Mrs. Sharkey: And there is going to be some kind of bushes?
Mr. Prager: What are you going to put there'd
Mr. Hubner: Burning bushes. Rose of Sharon I could put there.
M17F. Sharkey: Of course I will be going in to see Mr. close according to
he water that is still draining around and that has not been corrected..
I%w Mr. Lehigh: That is the place for you to go.
Mr. Prager: With those conditions then we will grant it.
Mrs. Sharkey: And no door that opens up on our side.
Mr. Prager: Yes.
Mr. Lehigh: I make a motion that we close the public hearing.
Mr. Warren: Second.
siote: All present voted aye.
Mr. Lehigh: I make a motion to grant the variance with Mr. Huhner putting
in a Swale to direct the water out towards Mac Farland Road. I would like
him also to check with the Zoning Inspector to see if he can put it as far
out there and the right place to put the water rather than bringing it on
Mrs. Shrakey's property. I would. also like to see him put the burning
bushes in there at least two or three feet apart to screen the garage. T
feel if he does those conditions; it is not going to affect the
neighborhood.
Mrs. Sharkey: We don't mind if they have ...
Prager: I will. reiterate on that a little bit. The requested
variance won't be detrimental to nearby properties when those things are
dome. It looks like they will probably actually be improving it since
"400
Wappinaer 7-m—W.ng Board.
Minutes - NOVelllber 12, 199E
Page lq
t1le carports I' 111 sure don't look as nice as the garage .
\rr
Mr. Hubner: The garage is going to be vinyl sided.
Mr. Praaer: There will. not be an undesirable change to the character of
the neighborhood. Again, the carports have been there for roughly twenty
years. The only other alternative he did have is to take and put the -
garage, both garages, on the other side of the building. Again; that
would be a big cost to you. We did look at that and the property would
need a lot of excavating. The variance is substantial. It is almost a
fifty percent variance, but it will not cause any adverse effects to the
physical or environmental conditions. Again, if that Swale is put in
there. You won't be putting anymore water onto Mrs. Sharkey's property
because of the garage.
Mrs. Sharkey: You keep referring to Mrs. Sharkey's property. It is Mr.
Mrs. Sharkev's
Mr. Prager: I'm sorry, Mr. & Mrs. Sharkey. In weighing the granting the
variance against the detriment of the health, safety, and welfare of the
neighborhood, I feel that the balance is in favor of granting the
variance.
Mr. Fanuele: And no door on the ..
Mr. Praaer: I don't know if that was mentioned.
—Mrs. Hubner: No problem. You did mention it.
Mr. Hubner: I can put a door inside to get from one garage to the other,.
Mr. Prager: As long as it is closed on the Sharkey's side. Call I have a
second please?
Mr:-. Sharkev: Or you can put it in the back.
Mr. Fanuele: Second_
Mrs. Nauven: I just want to mention also that I don't think you made a
motion for a Negative Dec_
Mr. Lehigh
Mr. Warren
..., T T r r. T
ryL,
I make a motion for a Negative Dec.
Second.
Mr. Warren: Ave. Mr. diPierno: Ave.
Ave. Mr. Lehiah : Ave.
.1. f V (:iV: The next item x)11 t01lights 3;Je1Ida is, al' .-0.401-1r;1eCI_ i";1 ;_,,
hearina o -I Anneal �12?0. At the request of Camillo Trust, Steven_Bernet=
vawTru : _' t'—e . .
Mrs. Sharkev: I have to see Mr. Close some other time? I can not see hi -r,
09
tont alit?
Mr. Lehigh: Right, during business hours.
Wappinger Zewt'ing Boas cc
Mini.tes - November 12, 1996
Page 1_'r,.
Mr. Prager: (Keith Capolino Subdivision - App. ',x,8659) who is seeking a
variance of Article IV, Section 420.5.1, whereas you are required to
maintain 15 acres in the RMF -3 Zone and you are requesting a 2 lot
subdivision consisting of 5.142 and 6.096 acre parcels, thus requiring a
9.858 and a 8.904 variance on property located at 109 old Hopewell Road
and is identified as Tax Grid #k19-6157-01-240641-00 in the Town of
Wappinger. Can I have a motion to reopen the public hearing?
Mr. Warren: So moved..
Mr. diPierno: Second.
'Tote: All present voted aye.
Mr. Prager: We adjourned. it at the last meeting so as to get a detailed
report about the building permits and violations on the property. We
received the report and I think everybody received a copy of it. I world
like Mr. Close to go over the report.
Mr. Close: There seemed to be six permits outstanding. Mr. Capolino came
-n and opened. the permits back up again, to make a long story short, and
ae were to schedule an inspection. When the fellows went over there; the
Building Inspector and the Fire Inspector, they couldn't get on the
property that they had to look at. There was a young lady there in charge
and she was afraid to let them in. So, the inspection has been
rescheduled for the twenty-second of this month.
Mr. Prager: Anybody else would like to mention anything else?
Mr. McCluskey: Looking into the Town Law Section 2.67D3 on area
variances. There are three guidelines that should be examined by the
Zoning Board of Appeals. one is whether the applicant can find relief
through another feasible method. other than the variance, that is available
under a rezoning. So, there is another way of doing it. Whether the
variance is substantial or not, the numbers presented tonight, the
variance would be quite substantial. Whether the alleged difficulty was
self-created, which it was. Mr. Capolino was the one who requested the
zoning change. He now has the ability to go back and have that property
zoned properly for P20/40. I would like to leave that if I could with
v::)u .
Mr. Lehigh: We have copies of that. You can carry that a little bit
further and say, "But, shall not necessarily preclude the granting of the
area variance". Your leaving out an important part of it.
Mr. McCluskev: I wasn't intending to leave anything out because there a,_
two there; but I was pointing to the fact that it was in fact
self-created. While granted that is not in itself. There are at least
v,wchree conditions that should be considered and there is relief available
properly under a normal zoning change. It could easily be accomplished.
I would po:i_nt oi_1t that the neighbors do not object to the cons tri_iction of
0
Wappinger Z-mWincr Boar(;
Rtint_tte - November 12, 1917)6
Pace 7117
single family residence on the property. If. that is what is being
`%requested., ,t should be done properly or it should. be stipulated in the
variance that it be limited to the use of only one single family house. T
think ynu will find the neighbors are reasonable. Nobody is saying don't
build there.
:fir. Prager: I've drafted a decision here in conjunction with the Town
Counsel and. some of those points have been brought up. Hopefully the way
that we've written it here, hopefully everybody will be happy.
Mr_ McCluskey: Is this meeting further adjourned?
'sir. Prager: No; it is not. I'm going to ask for it to be closed this
evening and I will read the decision. I was waiting mainly for the
information about the permits. I wanted to find out about the pei its.
Can I have a motion to close the public hearing?
Mr. Lehigh: Does anybody else want to speak?
Mr. Weiss: Mr. McCluskey spoke. He is related to my neighbors and.
L
uO Low �
Mr. di_Pierno: Motion to close.
Mr. Lehigh: I'll second the motion.
,%W Vote : All present voted aye.
Mr. Prager: I will read this decision and then I will ask for a motion to
accept the decision when I'm finished reading it. I will. start on page
two. "The Town of Wappinger Zoning Board of Appeals (hereinafter referred
to as. "ZBA") has received application No. 1.230 from the Camillo Trust, by
Steven Berner, Trustee, seeking a Variance from Article IV, Section
420.5.1 of the Zoning Law of the Town of Wappinger, which Section regttirN�
a minimum lot size of fifteen (15) acres in an RMF -3 Zoning District when
the property is not served by municipal water and sewer services, so as tc
permit a two lot subdivision of a parcel containing 11.237 acres; and
whereas, the proposed subdivision will result in two (2.) lots, one
containing 6.096 acres and the other containing 5.142 acres, said lots to
be used. for single-family residential purposes only; and whereas tie
members of the Zoning Board of Appeals have reviewed the following
documents in consideration of this application." While we go on here
Linda, would you make sure that each is logged in please? Obviously the
Notice of Appeal, dated September 18, 1996; Short Form EAF; letter of
Planning Board to Zoning Board of Appeals, dated September 18, 1996; 2
letters of William J. LeRoy, dated. September 30, 1996; letter from Robert
Gray, P.C., of Gray Engineering, P.C., dated September 17, 1996.
Mrs . Nquyen : Yes .
Mr. Prager: "Whereas, public hearings were held on October 22, 1996 and on,
November 12, 1996, at which time all those desiring to make comment on
,%w -"his application were heard and their testimony recorded. and whereas;
Donald Close, Zoning Administrator, gave an oral report at the public
hearing on October 22, 1996, indicating that there were several
'Aft",. Wappinger Tweing Boarr
Minutes - November 12, 1996"
Page 27
outstanding Zoning Law and Building Code violations against the subject
lowproperty; aIld whereas the ZEA has determined that the project is all
Unlisted Action, in accordance with the Local and State Environmental
Quality Review Laws since the project propos=es a two lot subdivision of a
parcel containing 11.237 acres in the RMF -3 Zoning District, which action
has been determined not to have a significant impact on the environment;
and whereas, Donald Close issued a report at the public hearing on
November 12, 1996 indicating that all Zoning Law and Building Code
violations were not corrected; and whereas, the ZBA has considered all of
the testimony and evidence presented before it and has made the following
Findings of Facts. 1. The subject property contains 11.237 acres and ha=
road frontage on Old Hopewell Road and Route 9D; the subject property is
located in an RMF -3 Zoning District. 2. The subject property presently
contains a single-family .residence and several accessory buildings,
including a barn located on the northwesterly property line contiguous to
properties owned now or formerly of William T. LeRoy. 3. The subject
property is not served by either municipal sewer or municipal water.,
however; sewer transmission lines for the Wappinger Sewer
Transmission/Treatment Sewer Improvement are located on the subject.
property. 4. The proposed subdivision will result in one lot containing
6.069 acres upon which the existing single-family residence will be
located, and a second lot containing 5.142 acres upon which it is propose6
to erect a second single-family residence. 5. The Town Board of the Towr?
of Wappinger has granted permission to permit proposed Lot No. 2,
containing 5.142 acres to connect to the Wappinger Sewer
Transmission/Treatment Improvement as a Tenant for one single-family
residence only. 6. The applicant has expressly represented that if the
'"'variance is granted, the resulting two (2) lots will be used for
single-family residential purposes only. 7. The surrounding properties
primarily consist of single-family residences. 8. The ZBA has received ,-
letter from the Town of Wappinger Planning Board recommending that this
Board grant a variance of the minimum lot size for this subdivision
application in the RMF -3 Zone, provided that any future development of tN
subdivided lots will be no greater than any permitted density in the
P20/40 Zone, unless the lots are combined with other parcels in the RMF -3
Zone so as to meet the minimum lot size of the RMF -3 Zoning District. 9.
Pursuant to Local and. State Environmental Quality Review Regulations, the
Zoning Board of Appeals hereby adopts a Negative Declaration on the
grounds that the proposed action will not result in any significant
environmental impacts as the proposed actions will be limited to a two lot
subdivision for single-family purposes, with one lot containing 6.069
acres, upon which an existing single-family residence is located, and a.
second lot containing 5.142 acres upon which it is proposed to erect a
second single-family residence. Based on the foregoing, the ZBA hereby
determines that: 1. A. The requested variance will not be detrimental tc:
nearby properties, on the condition that; I) the new lots will be used
for single family residential purposes, II) the newly created lots will
otherwise conform to the dimensional requirements and restrictions of the
R20/40 Zoning District, III) the newly created lots will conform to the
conditions listed. below. 1. B. The requested variance will not create an
undesirable change in the character of the neighborhood for the reason.
set forth in 1. A. above. 2. There is no alternative method to achieve
v%wthe benefit sought by applicant. 3. The requested variance is not
substantial, provided the newly created lots are used for single-family
residential purposes only. 4. The variance will not cause adverse
%"Of
T,YaSJpi C7er ilii.l.ia ,Cal C
%w effects on ti=e physical and/or environmental, conditions in the
neighborhood or dl. ti_ -i ~t. S. The difficulty is not "self-created"
hecause there is. an anomaly in the Zoning Law of the Town of Wappinaer,
which authorizes use of property in a RMF -3 Zone for single-family
residential purposes as of right, however; a strict application of the
nen.;iol,al regtllremeizts of the RMF -3 Zone will require a minimum 17+t i_ze
far areater than is required in any other single-family zoning distri-t..
NI -w. therefore; taking into consideration the benefit to the applicant if
granted,. as weighed aaainst the detriment to the health:
nNI_f,a_,-e of th= I.�inl:b,:,-?..�c?C or community by such grant; ':
T 7 Ce }.- n
,2.237 acre parcel, siib 1ect to the foIIowina c o n d i t i,I.:
T'- t all existina Zoning; Building Code and Fire Code violation, b
corrected prior to the filing of the proposed subdivision map; T at.
-he proposed two (2) lots will be used for single-family residential
iirposes only. until such time as the parcels otherwise comply with all
dimensional regulations of the RMF -3 Zoning District: 3. That the barn
located. on the northwestern boundary of the proposed Lot No. 2 shall not
be used for single-family residential purposes, either temporary or
permanent; 4. That the existina septic disposal system located on tt,e-
)roiposed Lot No. 2 is to be abandoned and rendered inoperable to the
satisfaction of the Engineer to the Town: 5. That any development on
ither of the lots shall conform to the R20/40 dimensional requirements of
the 701, ng Law; ui-til_ such time as the lots otherwise comply with the
°rr
_;mensional requirements of the RMF -3 Zone: and E. That anv
_,i_igle-family residential dwelling constructed on the proposed Lot No. 2
onnect to the Wappinger Sewer Transmission/Treatment Improvement; in
_c-�r-danc with the plans approved by the Engineer to the Town."
Mr. Lehigh- So moved.
Mr. Prager, We have a motion from Mr. Lehigh to accept this decisiol
Can- I have a second please?
ter. diPier;zo: Second.
-CLL FALL: Mr. Warren: Aye. Mr. diPierno: Aye.
Mr. Fanuele: Aye. Mr. Lehigh: Ave.
Mr. Prager: Ave.
Mr. Praaer: The motion Inas been passed to grant the variance with those
onditions. It will be filed in 5 days.
r,r-. Gray: T can stop in tomorrow and pick one up.
Mr. Prager: So; basically you can build a one family residence there.
Mr. McCluskev: Unless he recombines the property with another parcel to
conform and ...
Prager: The only way they can do that is if Town water goes in.
Mr. Ieh,iah: AI d sewer--.
Wappinger Zr-vasKng Board
Minute. - November 12; 19cj6
Pane 2.4
Hr. HcCluskev: It is going to be.
,%W
Hr. Prager- Town water?
Mr. McCluskey: Yes, so in other words he can then take out the main
parcel and use it as it is and recombine the other parcel. which Is
subdivided into the other remaining one and form the 15 acres and sit and
wait for the sewer and water to be available and you don't have
sinclle- family houses.
Mr. Lehigh: Well, he can do that without the variance. Anytime that lie
qualifies for RMF -3 for sewer and water, he can build on it. There is
nothing you can do to stop him.
PAir. Mc Ct.l. kev: Wouldn't it be simple if in fact he were saying he wanted
a single family house and you granted a single family house and left aut
that .... I think there is more to it.
M,-. Fanuele: Before he.could put multiple families in, he has to go
before the Town Board.
Mr. Lehigh: He would have to go to the Planning Board.
Mr. McClusk.ev: There are a lot of questions about this.
Mr. Prager: The next item of business on the agenda this evening to
discuss Appeal :x1233. Brittany's Airport Luncheonette & Deli r_equestinq a
use variance to permit an apartment above a luncheonette & deli; whereas
the Zoning Law does not permit those mixed uses in a General Business
Zone. The property is located at 1.887 Rotate 376 in the Town of Wapp-inger.
^TSCI7SSTON
Mrs. c-�iaculli: Remember when I was having problems? T told you I wanted
to put the apartment above the luncheonette and deli, but the Fire Code
was against it. Well, they changed the Zoning Laws. Mr. Liebermann; T
went in and. talked to him. It is now zoned C2. Now, it is under the Fire
Code to have an apartment up above the luncheonette. My goal was to go
for the apartment. That is why I'm back before the Board as of right
now. It is detrimental to me.
Mr. Praaer: Whv do you want the apartment?
Mrs. Giaculli: The luncheonette and deli will be opening up around 6:00
in the morning for commuters and everybody that is going to work. For
coffee and an early breakfast. My mom is going to be opening up. This is
specifically for her. It is not for myself. It will be my mother that
will be opening tip everyday.
Mr . Warren : She will be living there?
'yrs. Giaculli: Yes sir. Just the one person that's all. It will not Ine
%W 1-ny,`e1. f .
Mr. Prager: ^neo question that strikes me here.. and I'm looking at the
Wa��y�iliger �_.,�ing B�a1�c
Mii utP - NnvembP1- 1-2, cch
Paue 2"
r�lan:: here f,01- tiiP first and second. floor, why do you need a kitchen ori
Ertl -Le second floor?
Mr. diPierno: Well, she is going to live there.
birs. Giaculli: Just So she can cook Something.
Mr. Prager: Well, they have a kitchen downstairs. What happens when yoilr
mother moves out? What are you going to do with this apartment?
Mrs. Giaculli: After my mom moves out, I don't know. Basically, she is
5S. About 20 year,; from now, maybe my daughter can take over the
luncheonette part of it because it is family orientated. Somebody always
has to be there to open up and that's why I want it.
Mr. Fanuele: Your talking about the kitchen on the second floor? An
apartment has a kitchen, a bathroom.
Giaculli: After the luncheonette closes, it will close around eight
or nine, and the deli will be closed, but for milk, soda and stuff like
that with people coming in and out, it will probably close around nine
o'clock. She would want to make something to eat at nine. Sure she could
�at downstairs too, but I think it is more personal for her if She has
friends over.
[Mr. Fanuele: She is not going to be there from 0 to 9 at night?
*to- Mrs. Giacul-li. No Sir; she will be working from 0 to about 3 or 4
,'clock.
Mr. Lehigh: Your putting the Stairway outside the building?
Mrs. Giaculli: Yes Sir, in the back.
Mr. Lehigh: on the side I would say, isn't it?
Mrs. Giaculli: It is in the back of the house. If your going in the
driveway towards the right, it is in the back of the house.
Mr. Lehigh: Are you going to have a stairway downstairs from upstairs
without going outside the house?
Mrs. Giaculli: No Sir. There will be only one entrance to the
apartment.
Mr. d.iPierno: That is through the outside?
Mrs,. Gi_actilli: Yes Sir. There will be no other way to get from the-
Mr.
heiMr. Prager: Okav, that answers the question about the kitchen then.
`r.► I1r. Gi%_�cui 1 i : Yes, she would have to walk around. That's for :safety
L45T
DISCU SITON AROUT THE HAP
Mr. Praaer: The only thing that I question a little bit is I know we gave
you a residential The property was residential and then commercial and',
we Have a trailer in the back that is residential and now this is
commercial, but now it is also going to also be. residential. You have a
lot of uses here.
Mrs.
Giaculli:
I understand that; but Mrs.
white, when she
vacates the
premises,
the trailer will be removed.
Mr.
Prager: I
understand that.
Mrs.
Giaculli:
This is kind of a hardship
to me because of
the trailer,
but
I can't do,
I've already promised Mrs.
White.
Mr.
Prager: If your mother wasn't able to
live there; you
could stil_1
oiDen
and still
close_..
Mrs.
Giaculli:
It would be really hard.
Mr.
Prager: It
would be inconvenient.
Mrs.
Giaculli:
It would be very, very inconvenient.
Mr. Prager: Where does she live now?
MIs. Giaculli: She lives with me.
Mr. Prager: Highland?
mrs.. Giaculli.: Yes; it is very detrimental to me. I will do everything..
fire safety, anything. I will do anything.
Mr. Lehigh: The fire safety angle of that, if she is upstairs and you get
a grease fire in a vent or something in the kitchen .. You are putting
iI an alarm system, but you didn't tell me what kind or anything else.
Mrs. Giac1.11,1i: The alarm system that she wants and. I've talked to her
about it is the one that is connected right to the police station and the
fire house.
Mr. Lehigh: Well it has to go to a central dispatch and then they send
the alarm in.
Mr. Prager: Do you happen to know what they have changed that maces it
okay now for the Fire/Building Inspector ...?
Mrs. Giaculli: It was a C5 and it changed to a C?_. They did just change
recently the Zonina Laws concerning the classification.
Mr. Lehigh: We can ask Mark. The only thing I can see is he is talking
v4wabollt a -2 hour fire separation.
Minute= - November 12. llg96
Pane ?7
Mr. Prager: T_ would like to Bret the Fire Prevention Bureau's input into
°tier t h i,-, .
Mr. Lehigh: I would like to see something on yol_ir fire alarm system too;
what kind it is. When it goes off downstairs, will she be aware that it
is 3 o'clock in the morning and. you have a fire started? Is she going to
be warned of that fire downstairs? Because I feel there is more of
'„a._ard in a restaurant than in a residence. Do you understand what I'm
raving? I' ill not worried. so much upstairs . You can put smoke detectors,
upstairs, but downstairs there has to be an alarm.
Mrs. Giaculli: I want to put a sprinkler system in also. I don't think
it actually calls for a sprinkler system, but I am putting in a sprinkle? -
system.
Mr.
Prager:
You are?
Gi acul l i : Yes.
,4-.
Lehigh:
Can we see that?
Mr.
Prager:
Yes; we would need plans on that. Who is putting it in?
Mrs.
Giaculli.
Not at this moment. No, T don't have anybody.
Mr.
Prager:
Li.nd.a, when does the Fire Prevention Bureau meet again?
I%wMrs.
Nguyen:
They just had their meeting so they won't meet again until
next month.
The second Tuesday of each month they meet. So, it would be
December
something.
Mr.
Fanuele:
She would just have to get the approval of the Fire
Prevention Bureau
before she goes to anything else. Even if we grant the
Tra.riance.
she
will still need the ...
Mr.
Prager.
Yes, I know that.
yrs.
Nguyen:
You know that Mark sent a letter in, right? Do you have the
letter from Mark?
Mr.
Prager:
Yes, but it doesn't say too much. It just says they
reclassified
it as a C2.
Mr.
Lehigh:
All that says to me is they are going to double up the sheet
rock.
Mr.
diPierno:
It says the code was amended to allow this on April 161.
1') C)6 .
Mss.
Lehigh:
Still T would like to see that part. Especially since it is
her
mother.
diPierno :
I think we shouldn't leave any stone un -turned.
Mr.
Prager:
I think we should let it go to not the next meeting; but the
Wappillger 7r-,mK ig Board.
M -i nute - November 12 . 1996
Page 12P
1i1 j - C? t: , :,iE 1?lbut f r o Fire Prevention
`'Or►
g i_r_cr 7 t 1P if l`iP.• t _'>a
ac1111i: Well; bas ically, I've got to talk t> tl tF_t,
the electrician and. stuff like that. I don't know if the plumber err:Lld
doing the sprinkler system.
Mr. d1PierIio: The plumber would have to do that.
Mrs. Nguyen: It doesn't seem like you would have to wait for two meetinc_rs
for that. I'm sure Mark could give you a letter or something fairly
quickly. It wouldn't have to go back before the Fire Prevention Board.
Mr. Prager: Then we could do it for the next meeting.
M,u. Faniiele: We could set the public hearing for the next meeting.
Mr. Prager: could you notify him to get us his feelings on it?
Mrs. Nguyen: Yes .
Mr. Lehigh: I think he should look at that alarm system.
Mrs. Giacl.Illi: Right. Do you guys basically agree?
Mr. Lehigh: You can plat her down for the next meeting. I make a motion
that we declare the Town of Wappinger Zoning Board of. Appeals Lead Agency.
Mr. diPierno: I second that motion.
Vote: All present voted aye
Mr. Fanuele: (Too Low) she is going to need site plan approval.
Mr. Lehigh: It will when we are done with it, if we. give her the
variance.
Mr. Fanuele: Lead Agency for the variance.
Mr. Lehigh: Yes; that is all. ,lust for the variance. I don't see why w+=
would need a long EAF statement. I think a Negative Dec. on this. I move
for a Negative Dec.
Mr. Warren: second.
�rnt All present voted ave.
Mr. Prager: I'll set the public hearing for November 26th. As soon as
you can get the information about the sprinkler, get it in to Linda and
,.she will get it to Mark Liebermann.
Mrs. Nguven: You all want to see the plans for the sprinkler system?
.R 'rrr Wappinger Z^,voOCng Boars
Minutes - November 12. 1996.
Page ?ci
`w Mr. Lehigh: Yes, and the alarm system also and the letter from Marl:
+r.
Mr. Prager: Linda did you have something that you wanted to bring up
before we adjourn?
M
rs. Nguyen: You all should have a copy of some paperwork from the Town
of East Fishkill concerning a variance for Lawrence Greenberg. It was in
the packet you received tonight.
1"Ir. Prager. Basically, they are asking us for our input, if we have any.
mike we do to East Fishkill because it is on the border. I believe the
meeting is tonight for a public hearing. (Wappinger Town Clerk rece_iveC,
it 11/12/96.)
Piro, . Nguven : Yes.
Prager: I think we missed it already.
Mr. Lehigh: We received it too late.
:For the Board's information concerning Alpine Company of Poughkeepsie)
Pair. Fanuele: Don Close, myself and Ed Kellogg and Mike George met up at
EJ's. The agreement was that several trees that could be cut down becau--�
they are too close to the road. They are going to die anyway. Also; It
can trim from 8 feet down any branches on the remaining trees. we were
talking about some of the brush could. be cleaned up to help the si gI;t.
distance.
Mr. diPie.rno: we said that all along.
Mr. Fanuele: Mr. Kellogg agreed to it. He is supposed to put a work
,:.,ermi.t together to get Mike George and Don Fauche_r's approval. Don
Faucher didn't show up because he had a heart attach the week before. Thi
key to this was Don and Mike George surveyed the area before the meeting
and had al.l of the answers as soon as we got there.
'fir. Lehigh: This goes back two variances before.
Mr. diPierno: Motion to adjourn.
Mr. Prager: Second.
Vote.. All present voted ave.
;MEETING ADJOURNED AT 9:15 P.M.
Respectfully submitted,
�%
Mu/. Linda I&&fxun, Secretary
Town of Wappinger Zoning Board of Appeals