1994-08-09L4
"WN OF WAPPINGER ZONING BOARD OF APPEALS
BUST 9, 1994
AGENDA - 7:30 P.M.
Approval of the July 12th and July 26th minutes.
PUBLIC HEARING
--w
TOWN HALL
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, N.Y.
Appeal #1171 - At the request of Kenneth & Patricia Chapman, who are
seeking a variance of Article 1V, Section 421.6 of the Town of Wappinger
Zoning Law whereas a 50' rear -yard setback is required and you are showing
42', requiring an 8' rear -yard variance to erect an open wood deck on the
rear of a one family house. The property is located at 115 Smithtown Road
and identified as Tag Grid #19-6156-02-806995-00 in the Town of Wappinger.
Appeal #1172 - At the request of BRUCE & JILL WORDEN, who are
seeking a variance from Article IV, Section 421.6 of the Town of Wappinger
Zoning Law whereas a 40' rear -yard setback is required and you are showing
31',requiring a 9' foot rear -yard variance to erect an open wood deck on the
rear of a one family house. The property is located at 32 Daisy lane
and identified at Tag Grid #19-6158-02-842969-00 in the Town of Wappinger.
05
`%NW
-Moe
Town of Wappinger Zoning Board of Appeals Town Hall
August 9, 1994 20 Middlebush Road
Minutes Wappinger Falls, N.Y.
Members Present
Mr. Sasser: Chairman Mr. Hirkala: Vice Chairman
Mr. Lehigh: Member Mr. Prager: Member
Absent
Mr. Bitterlich: Member
APPROVED
fathers Present NOV 0 8 W4
Mr. Levenson, Zoning Administrator
Dawn Idema, Secretary to the Z.B.A. PLAMMBOARD
ZONING BOARD OFAPPEALS S
Mr. Sasser: I call the August 9, 1994 Zoning Board of Appeals public
hearing to order. Would the Clerk please call the roll?
Mr. Levenson: Roll call. Please note that Mr. Bitterlich is absent.
Mr. Sasser: The first item on the agenda tonight is the minutes for the
July 26th workshop meeting.
Mr. Prager: I move that they be accepted.
Mr. Lehigh: Second.
Vote: All ayes.
Mr. Sasser: The second item is the minutes from July the 12th. Any
discussion? Can I have a motion?
Mr. Hirkala: I'll make a motion.
Mr. Prager: Second_
Vote: All ayes.
Mr. Sasser: The first item on the public agenda tonight is Anneal 41171.
At the request of Kenneth & Patricia Chapman, who are seeking a variance
of Article IV, Section 421.6 of the Town of Wappinger Zoning Law whereas a
50' rear -yard setback is required and you are showing 421, requiring an 8'
rear -yard variance to erect an open wood deck on the rear of a one family
house. The property is located at 115 Smithtown Road and identified as
Tax Grid #19-6156-806995-00 in the Town of Wappinger. I don't believe, at
the workshop session, that we declared Lead Agency as required.
`400
Wappinger Zoning Board
Minute - August 9, 1994
Page 2
`aw Mr. Lehigh: I'll make a motion to declare Lead Agency_
Mr. Prager: Second.
Vote: All ayes.
Mr. Hirkala: I'll make a motion for a Negative Dec..
Mr. Lehigh: Second_
Vote: All ayes.
Mr. Sasser: Has there been proof of publication?
Mr. Levenson: We have proof of publication in all cases, Mr. Chairman.
Mr. Sasser: Can I have a motion to open the public hearing?
Mr. Lehigh: So moved.
Mr. Prager: Second.
Vote: All ayes.
Mr. Sasser: Does the Board have any questions of the applicant? Is this
a new deck?
Mrs. Chapman: It never had a deck on it before.
Mr. Hirkala: I see, according to the drawing that we have, there is 60'
to the side. What is the shape of this lot?
Mrs. Chapman: it is kind of like a pie shape. We bought the house that
way. It wasn't like we wanted it arranged that way.
Mr. Hirkala: Which way is the point, to the back?
Mrs. Chapman: To the back, but not to the back where the deck is going.
Behind us is all woods_
Mr. Hirkala: So that rear lot line is angled.
Mr. Sasser: The rear line is at an angle.
Mr. Levenson: The rear lot line, at an angle, was measured. I measured
it-
Mr.
t.Mr. Hirkala: As you are looking at the plan, it goes from the left to the
right, away from the house?
Mrs. Chapman: Smithtown is curved. Our house is the pie to the curve.
Mr. Sasser: Does the Board have any further questions? Is there anyone
in the audience who is here to speak for or against? Let the record show
that no one was here_
09
-moo
Wappinger Zoning Board
Minutes - August 9, 1994
Page 3
I%w Mr. Lehigh: I make a motion to close the public hearing.
Mr. Prager: Second.
Vote: All ayes.
Mr. Hirkala: I'll make a motion to grant the variance. Part of the
reason that I can see is the irregular shaped lot.
Mr. Prager: Second.
Roll call: Mr. Prager: Aye. Mr. Lehigh: Aye.
Mr. Hirkala: Aye. Mr. Sasser: Aye.
Mr. Levenson: Mr. Chairman, all present vote unanimously in favor of
granting the variance.
Mr. Sasser: It has been approved. It will be filed with the Town Clerk
within five days. The second item on the agenda tonight is Appeal #1172.
At the request of Bruce & Jill Worden, who are seeking a variance of
Article IV, Section 421.6 of the Town of Wappinger Zoning Law whereas a
40' rear -yard setback is required and you are showing 311, requiring a 9'
rear -yard variance to erect an open wood deck on the rear of a one family
house. The property is located at 32 Daisy Lane and identified as Tax
Grid #19-6158-02-842969-00 in the Town of Wappinger. I need a motion for
Lead Agency.
Mr. Hirkala: So moved.
Mr. Prager: Second.
Vote: All ayes.
Mr. Sasser: SEQRA significance?
Mr. Lehigh: So moved for a Negative Dec..
Mr. Prager: Second.
Vote: All ayes.
Mr. Sasser: Motion to open the public hearing?
Mr. Hirkala: So moved.
Mr. Prager: Second.
Vote: All ayes.
Mr. Sasser: Does anyone have any questions of Mr. & Mrs. Worden?
Mr. Prager: I think we covered it pretty well, as far as I am concerned.
Mr. Hirkala: What is the overall size of the lot?
0
Wappinger Zoning Board
Minutes - August 9, 1994
Page 4
r Mrs. Worden: .35.
Mr. Sasser: Is there anyone else here from the public that would like to
speak for or against this? Let the record show that there isn't. Did you
folks have anything that you wanted to add? Motion to close the public
hearing?
Mr. Lehigh: So moved.
Mr. Prager: Second.
Vote: All ayes.
Mr. Sasser: I'll make the motion that we grant the variance due to the
odd shaped lot.
Mr. Lehigh: Second.
Roll call: Mr. Prager: Aye. Mr. Lehigh: Aye.
Mr. Hirkala: Aye. Mr. Sasser: Aye.
Mr. Sasser: It will be signed tomorrow and filed within five days with
the Town Clerk.
Mr. Levenson: Mrs. Smith would like to review the fee schedules with both
the Zoning Board and the Planning Board. We would like to have an
`W afternoon meeting, late in the afternoon, like 2:00 or 3:00 P.M..
Mr. Sasser Why would she want our input? We are the Zoning Board of
Appeals.
Mr. Levenson: I'm just telling you ....
Mr. Sasser: That would be the Town Board and them, I would think. That
is just my opinion.
Mr. Lehigh: Well, let us express one.
Mr. Sasser: Go ahead, I'm not stopping you.
Mr. Lehigh: What does she really want?
Mr. Levenson: To raise the fees.
Mr. Hirkala: Is she looking for our input?
Mr. Levenson: She is looking for everyone's input. I'll be very honest
with you, you are the chief of Zoning Board of the State of New York.
Mr. Hirkala: When was the last time that the Zoning fee's were raised?
Mr. Levenson: It wasn't done in my time.
Mr. Hirkala: It's about time they were.
Con
Wappinger Zoning Board
Minutes - August 9, 1994
Page 5
,%w Mr. Sasser: I think so too, personally.
Mr. Levenson: I'm in the eighth year.
Mr. Lehigh: In my view, I think five would be enough. Right?
Mr. Hirkala: Five?
Mr. Lehigh: Raised ... from twenty five to thirty.
Mr. Hirkala: Oh, I don't know.
Mr. Levenson: It's thirty five. I was thinking thirty five to fifty.
Mr. Hirkala: So they are talking about the fee's to the applicant.
Mr. Lehigh: Oh.
Mr. Levenson: Thirty five to fifty.
Mr. Hirkala: I'm in agreement with the fifty dollars.
Mr. Sasser: Well, I would be too ... from personal ..... from a tax
payers standpoint. I wouldn't want to say it from a .....
Mr. Hirkala: From the Z.B.A. standpoint .... we are members of the
`J'' Z.B.A.. You know what kind of work goes into the application and what
kind of effort it has to come out at. It seems to me that there should be
a reflection of that in the fee schedule. The Planning Board fee's are up
there.
Mr. Levenson: Not yet. They are going to. The subdivision application
fee's are $300.00 for an application and $100.00 per lot.
Mr. Sasser: They should be. They should certainly be at the same level
that everybody elses are.
Mr. Levenson: What we raised last year .... the Rec. fee - 100 of the
acreage or $1,500.00 raised from $900.00.
Mr. Lehigh: I think we ought to have a unanimous recommendation that we
can go with the same rate as everybody else.
Mr. Hirkala: I make a motion that we recommend to the Town Board and
Supervisor that it is not necessary for us to be at the meeting. Yes, we
agree that the rate increase should go up and whatever they feel the
increase should be is fine with us.
Mr. Lehigh: Second.
Roll call: Mr. Prager: Aye.
,%, Mr. Hirkala: Aye.
Mr. Lehigh: Aye.
Mr. Sasser: Abstain.
Mr. Sasser: I have abstained because I don't think that we, the Board,
should do it.
ru
Wappinger Zoning Board
Minutes - August 9, 1994
Page 6
`w Mr. Hirkala: To do what?
Mr. Sasser: Should make a recommendation for that.
Mr. Hirkala: The Planning Board does. The Planning Board makes
recommendations.
Mr. Sasser: I don't think that is right either. Well, I take that back.
The Planning Board is a little bit different. We are on a appellet. I
just didn't want a appellet body ... just as the judges in the state don't
discuss the raising of fee's.
Mr. Hirkala: But there is an administrative part of this job.
Mr. Sasser: The administrative part of my job, the way that I see it, is
in hearing appeals and doing those administrative things that have to do
with the appeal.
Mr. Hirkala: I've got a problem with that.
Mr. Sasser: However, on a personal note, I'm in favor of it being raised
as per a tax payer.
Mr. Hirkala: I think what she is doing, she is asking us for our opinion.
What are we going to say? No opinion? Yes, if you want to raise it
fine.
Mr. Sasser: O.K., I voted abstained. Any other business? Herb, can you
find out when they are going to have the zoning thing? In October or
November?
Mr. Levenson: It is going to be announced very shortly.
Mr. Hirkala: Where is it going to beg
Mr. Sasser: Probably back here again.
Mr. Lehigh: Nevele.
Mr. Levenson: We're going to be at the Nevele. The following year we are
going to be in Syracuse. I'll be very honest with you, selfishly .... you
know I'm the president, I would want to stay at the Nevele for both of my
years.
Mr. Sasser: The Nevele does a very nice job of it. The only problem is
that it is not fair for all of those people in Buffalo and Rochester.
Mr. Levenson: But don't forget, we tried it in Niagara Falls. We had 45
reservations that didn't show.
Mr. Sasser: Niagara Falls did shaft us, that's true.
Mr. Lehigh: Nice train ride though.
Mr. Sasser: It was.
'*r
+f,,,, Mr. Lehigh: I make a motion to close.
Mr. Prager: Second.
Vote: All ayes.
MEETING ADJOURNED AT 7:45 P.M..
09
•10W
Wappinger Zoning Board
Minutes - August 9, 1994
Page 7
Respectfully submitted,
Dawn Idema, Secretary
Town of Wappinger Zoning Board of Appeals