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1995-05-09n Town of Wappinger Zoning Board of Appeals "-Iv 9, 1995 nda - 7:30 P.M. Approval of April 25, 1995 minutes. PUBLIC HEARINGS FF Town Hall 20 Middlebush Road Wappinger Falls, N.Y. 1. Appeal 41197 - At the request of Annette & Joseph G. Patti who is seeking a variance of Article IV, Section 421.6, where you are required to maintain 10 ft. on the side -yard and 10 ft. on the rear -yard and you are showing 3 ft. on the side -yard and 3 ft. on the rear -yard, thus requiring a variance of 7 ft. on the side -yard and 7 ft. on the rear -yard on property located at 37 Balfour Drive and is identified as Tax Grid #19-6257-02-759551-00 in the Town of Wappinger 2. Appeal 41200 - At the request of Nicholas & Josephine Johnson who is seeking a variance of Article IV, Section 421.6, where you are required to maintain 20 ft. on the side -yard and you are showing 38 ft., thus requiring an 18 ft. variance on property located at 16 Gabriella Drive and is identified as Tax Grid #19-6258-02-880907-00 in the Town of Wappinger. T SC.USSIONS 1. Raymond & Diane Samanich - To discuss Appeal #1201 requesting a 1.5 sideline variance for property located at 1 Sylvia Drive in the Town of Wappinger. 2. Guardian Self Storage - To discuss Appeal #1202 requesting a 12% variance for lot coverage on property located at 2021 Route 9 in the Town of Wappinger. & - F Town of Wappinger Zoning Board of Appeals May 9, 1995 Minutes Members Present Mr. Sasser: Chairman Mr. Prager: Member Mr. diPierno: Member Members Absent Mr. Lehigh: Member Mr. Fanuele: Member Others Present Mr. Levenson, Zoning Administrator Mrs. Linda Nguyen, Secretary to the Z.B.A. 9 Town Hall 20 Middlebush Road Wappinger Falls, N.Y. MAY 2 � 1995 PLANNING BOARD ❑ 70MIN%RnAnnncAnnr° n /1011 Mr. Sasser: I call the Zoning Board of Appeals meeting for May 9, 1995 to order. Would the clerk call the roll please? ROLL CALL Mr. diPierno: Present. Mr. Prager: Here. Mr. Fanuele: Absent. Mr. Lehigh: Absent. Mr. Sasser: Here. . Levenson: Mr. Chairman, the roll call has been called and the absences have been noted. Mr. Sasser: The first appeal tonight Mr. Levenson: The minutes. Mr. Sasser: Is the approval of the April 25 minutes. Mr. Prager: I make a motion to accept the minutes as written. Mr. diPierno: Second. Vote: All ayes. Mr. Sasser: The first public hearing tonight is Appeal #1197 - At the request of Annette & Joseph G. Patti who is seeking a variance of Article IV, Section 421.6 where you are required to maintain 10 ft. on the side -yard and 10 ft. on the rear -yard and you are showing 3 ft. on the side -yard and 3 ft. on the rear -yard, thus requiring a variance of 7 ft. on the side -yard and 7 ft. on the rear -yard on property located at 37 Balfour Drive and is identified as Tax Grid #19-6257-02-759551-00 in the Town of Wappinger. All the mailings came back, Herb? Mr. Levenson: Yes, all the mailing have come back and the advertising, affidavit. I also have compliance from Mr. Patti and I have pictures and T was out there and measured. Mr. Sasser: The Zoning Board has declared itself Lead Agency and a Negative Dec. for SFQR. Can I have a motion to open the public. hearing? Mr. Prager: n Wappinger Zoning Board Minutes - May 9, 1995 Page 1 I make a motion that we open the public hearing. Mr. diPierno: Second. Vote: All ayes. Mr. Sasser: Is there someone here representing the Patti's? Can you come forward and just state your name for the record? Mr. Patti: It is Joseph G. Patti. Mr. Sasser: The shed that you have on the property now is one that has been there? I presume you went for a refinancing and it was picked up? Mr. Patti: It has been there through two refinancing actually. Mr. Sasser: How long has the shed been on the property? Mr. Patti: It was there when we moved in actually. It is a 1.2 by 12 wooden shed. Mr. Sasser: Which is how long? You are talking 3 years, 5 years, 10 years? Patti: Since 79. Mr. Sasser: It looks like an old shed. Is it on a footing? Mr. Patti: What it is on is cinder blocks. It rest on cinder blocks. Cement block actually. Mr. Prager: Could it be moved? Mr. Patti: Well, the way the property is terraced, I get a lot of the water that comes from the surrounding area because I am at the low point. I had someone come in and look at the area to put a swale in. He stated that he couldn't get the equipment in until sometime in the late summer because the ground is so soft. I had made an attempt to start one, but it is just to much to do by hand. So, to move the shed I would literally have to wait until late summer and then empty it out. Still at that I would need at least a bulldozer or something to move it because it is pretty heavy. Mr. Prager: It looks like it is pretty heavy. Mr. Sasser: It also appears to me that it might not survive it. Mr. Patti: It actually is in pretty good shape. It is solid. It is not going to come down very easily. . Levenson: Mr. Chairman and members of the Board, I was out there pursuant to your instructions and I verified the measurements. �w Mr. Prager: n Thank you. V Wappinger Zoning Board Minutes - May 9; 1995 Page 7 Mr. Sasser: We have just for the record a copy of the plot plan with the shed and those measurements were .. Mr. Levenson: 3 ft. on each side. Mr. Sasser: Thank you. Is there anyone here tonight who would like to speak with regard to this matter? Yes sir, could you stand ..? Mr. Casazza: T am his neighbor. and I don't have any objection to where he has his shed. Mr. Sasser: Could we just have your name please? Mr. Casazza: Mr. Raymond Casazza, I reside at 4 James Place. Mr. Sasser: Thank you Mr. Casazza. You have no objection? Mr. Casazza: No objection. Mr. Sasser: Is there anyone else who would like to speak with .regard to this matter.? Let the record show there was no one. Does the Board have any further questions? �*. Prager: No. Mr. Sasser: I would just like to mention that the shed has been there since 79. There was no one here that has any problem with that. The Board's precedence has generally been to grant relief in these situations because it is rather a minor variance. You understand that once the shed comes down you would not be able to put it back in the same position that it is there now? Mr. Patti_: Right. Mr. Sasser: I don't think it is going to change the neighborhood. There is going to be no character change in the neighborhood. I don't see any method to remedy this other than a variance. I certainly am in favor of it. I would like to make .. Mr. Prager: I would like to make a motion to close first. Mr. diPierno: Second. Vote: All ayes. Mr. diPierno: I make a motion to grant relief. Mr. Prager: Second. SOLL CALL Mr. Prager: Aye. Mr. diPierno: Aye. Mr. Sasser: Ave. n n Wappinger Zoning Board Minutes - May 9, 1995 Page 3 Mir. Levenson: Mr. Chairman, it is unanimous to grant. Mr. Sasser: It will be filed within 5 days with the Town Clerk. The second item on the agenda tonight is Appeal #1200 - At the request of Nicholas & Josephine Johnson who are seeking a variance of Article IV, Section 421.6 where you are required to maintain 20 ft. on the side -yard and you are showing 38 ft., thus requiring a 18 ft. variance on property located at 16 Gabriella Drive and is identified as Tax Grid »19-6258-02-880907-00 in the Town of Wappinger. Mr. Johnson, you understand that we are a three member Board tonight so it would require a unanimous vote to grant approval? This Board has declared itself Lead Agency and there has been a Negative Dec. for SEQR. Can I have a motion to open the public hearing? Mr. diPierno: So moved. Mr. Prager: Second. Vote: All ayes. Mr. Sasser: I think that I had all of my questions answered at the workshop with regard to this. Mr. Levenson: The mailings and the advertising are in order. . Sasser: Let the record show that the mailing and the advertising are in order_. It doesn't appear to me that this is going to really change the neighborhood at all. because it is going to blend in with the rest of the house and I don't have a problem with it. Did you have anything you wanted to add to this? Mr. Johnson: Yes, there was some confusion with the way the public notice read. Our neighbors brought it to our attention. Just to clarify we would like to understand that the plan as we proposed was going to be 10 ft. off the property line and it kind of indicates that it was going to be an 18 ft. variance which would essentially put us two feet off the property line and the original plan was going to be 10 ft. off the property line. I am not sure if that was just the way the numbers came out or how it was calculated, but as I said we only need a variance of 1.0 ft., not 18. Mr. Sasser: As a result of that it is not a requirement that we go hack and renotice because you are looking for less of a variance. Mr. Johnson: In discussing with my neighbors who are here, they expressed some concern and I have asked our architect to look at the scale and see if we can scale it back another 2. ft., but still maintain the overall integrity We are trying to put a two car garage onto the extention because we are taking that out to put the place where Josephine's mom and clad are going. So, anyway I just wanted to make sure that we could be ng, but I don't think I will be 2 ft. off the property line. Sasser: Mr. Johnson: n Herb, have you verified the ..? a Wappinger Zoning Board Minutes - May 9, 1995 Page 4 I don't know if that is just where the calculation came out. Mr. Levenson: Well, he is asking for less than what was advertised. Mr. Sasser: Can you verify that it is a 10 ft. variance that we are looking for? Mr. Levenson: It is the first time I am hearing it. Mr. Johnson: 28 ft. was the addition and there was 38 ft. available. That would give us 10 ft. I never picked it up. Mr. Sasser: The important thing for you especially is that the number that you are requesting is not greater because then you still would have to come back and do this all over again. Mr. Johnson: I understand that. I also would like to submitt a letter that we got from one of the other_ neighbors that said they would like to be here, but they couldn't. Anyway, I just wanted to clarify that. The intent was never to he 2 ft. off the property line, but to be 10 ft., you know minimum 10 ft. Mr. Sasser: I would like to read this letter into the record. The letter is presented by Mr. Johnson, dated May 8, 1995, signed by John ROsSero d Madaline Rossero. It is addressed to the Town of Wappinger Zoning Board of Appeals regarding Appeal ##1200. "To: Zoning Board Members, Having been notified by certified mail regarding Nicholas and Josephine Johnson's request for a variance of Article IV, Section 421.6 at their_ property, located at 16 Gabriella Road, Wappinger Falls, N.Y. 12590. We do not have any objection to their request as outlined in the notice mailed to us and published in the Southern Dutchess News, May 3, 1995, copy attached. You see my wife nor myself are able to attend the public hearing scheduled for May 9th. Please accept this letter as our consent to their request." Mr. Johnson, could I just ask you where their_ house is in relation to ...? Mr. Johnson: They are across the street. Mr. Sasser: Directly across the street? Mr. Johnson: Yes. These are the folks that live directly next door. Mr. Sasser: To the side where the addition would be? Mr. Johnson: John and Madaline live across the street. Mr. Sasser: Could you just tell us what you name is, so we could have it for the record? . Dinkel: Sure, I am Scott Dinkel and my wife is Jacqueline Di.nkle. Mr. Sasser: Did you have anything that you would like to address n Wappinger Zoning Board Minutes - May 9, 1995 Page 5 uecifically with the Board or would you rather wait Did you have an architect here? Mr. Johnson: No, I don't have him here, but we are working with an architect that is doing the plan. Mr. Sasser: The architect is working with a plan that would stay within the 10 ft. ..? Mr. Johnson: Absolutely. Mr. Sasser: I am sorry Mr. Dinkel. I didn't mean to interrupt. Mr. Dinkel: That is o.k. I don't know what the procedure is. Do we talk from here? Mr. Sasser: It is only us here tonight. So, that would be fine if you are more comfortable from there. Mr. Dinkel: Nick and Joan, spoke to us about the situation and putting an addition on. We provided our survey to help. We have some concerns particularily the way the letter was written, but also that the property hasn't been surveyed and we are not sure exactly where this structure is going to wind up. . Dinkel: Their property hasn't been surveyed. Mr. Johnson: To try and alleviate that, and I recognize the concern, T have ordered a survey. It will be done prior to any work and it is obviously not a confirm that we are going to be inside the bound or otherwise we will have a problem and we wouldn't proceed from that point. Mrs. Dinkel: Our real concern is from looking at the site plan and getting a copy of the site plan that was presented to you is that the house is located as per owner on the property so you don't really know exactly where it is from the property line and in fact how far they are from the property line. That is why we are concerned with that as well as if the copy that we got is to scale, their house shows that it is only 40 feet long. Ours is 46 and I think the majority of the houses are the same. Mr. Sasser: The ..... at this point would be to, correct me if I am wrong Mr. Johnson, 10 ft. from the property line to the edge of the new addition, wherever the survey shows your property line a variance would not allow you to go any closer than 10 ft. from that property line. Mr. Johnson: As I said, we are probably going to scale it back at least 2 more feet. Mr. Sasser: But, at this point it is still 10 ft., correct? O.k., do you lderstand what I am saying? They are doing a survey. No matter where it slows their houses, they would still never be allowed to go any closer. than 1.0 feet to the property Line. Wappinger Zoning Board Minutes - May 9; 1995 Page 6 Mr. Dinkel: When a builder builds it with 2 by 6 verses 2 by 4, and it comes past that, without a survey how does that ...? Mr. Sasser: The Building Department is going to require that they have that and they will double check the measurements to insure from the actual property line where it is surveyed that the new addition couldn't go any closer than 10 feet to the edge. Would that address your concerns? Mr.. Dinkel: It is certainly much better than the way the letter read. We still feel that it is close. Nick talked to my wife and they talked about another two feet and that comes closer to where we feel better about it. Mr. Sasser: Let me ask you this, is there another way that you think that screening or landscaping, that perhaps it could buffer it, if it would make you feel more comfortable with it? Is that something that you think that you could work out together? Mr. Johnson: Absolutely, our intent here is not to ignore Scott and Jacki_e's concerns because we think we have been good neighbors to each other and we think their concerns were legit, absolutely. Mr. Sasser: I don't know what kind of landscaping you have between the houses. Johnson: There is nothing there. Mr. Sasser: But, if you are talking about landscaping to buffer between the two, we certainly, if we were to grant this could put a requirement in there that you buffer it, but it would be very difficult for us to say at this point and time something that would be acceptable to both of you because that could go on forever without you ever deciding ... Mr. Johnson: I recognize that, but I think if I may, we have been able to work together and that is what I think we are trying to do and I appreciate them and I am glad they are here because I would rather have them participate rather than have something done and then we have problems later. I don't want any problems. I assured them that we are going to make it two ft. less and we are going to change and move out two ft. the other way. Hopeful, if you grant the 10 ft. variance we would be only 8 ft. That is what we are going to end up with. Mr. Sasser: 8 ft. out? Mr.. Johnson: We would use 8 ft. of the 10. Mr. Patti: 8 of the 2.0. Mr. Johnson: Right, I am sorry. mr. Sasser: I want to make certain that we are still taking about a 10 %01- variance? M Wappinger Zoning Board Minutes - May 9, 1995 Page 7 rIe. Johnson: That is correct. We will be inside it. Mr. Sasser: You will be no closer than that? Mr. Johnson: That is correct. Mr. Sasser: That is the point. Are you comfortable with how that is? It would be surveyed. No closer than 10 ft. from the property line as the official survey would show and then the two of you would work out some kind of vegetable buffer. Mr. Levenson: Can I make a suggestion? Mr. Sasser: Yes, Herb. Mr. Levenson: Nick, when is the survey going to be ready? Mr. Johnson: I talked to Gray, Railing & Heinsman. I talked to Bob Gray on Saturday and I talked to the surveyor today. We probably won't get to the point of construction until later this month because we will be away. So, it works out that it will probably be ready sometime this month. I couldn't tell you Herb. Mr. Levenson: Can I make a suggestion, Mr. Chairman that you waive the 'fling date for 5 days until we see the survey and then we would file on �biceipt of the survey? Mr. Sasser: At this point I don't think that is necessary. It appears that, and please I want you to speak up and correct me if I am wrong, it appears that we are addressing your concerns and that you are comfortable and you have been neighbors for a while. I don't see any point in delaying it any further. Mr. Levenson: I have a logistics problem. I am not going to be here for the next few days. Mr. Sasser: You are not going to be here tomorrow? Mr. Levenson: I am not going to be here tomorrow, Thursday, or Friday. I have enough time until next Tuesday. Mr. Sasser: How about Monday? Mr. Levenson: Next Monday or Tuesday. Mr. Sasser: I don't have the ability to waive the filing. Under state law it has got to be filed 5 days from the day of the decision. and I don't want to do anything to jeopardize .. Mr. Levenson: r. Sasser: it then. We will have it filed on Tuesday in time. Monday or Tuesday will be fine with me too, Herb. I can do Mr. Levenson: n Wappinger Zoning Board Minutes - May 9, 7995 Page 8 I will talk to Nick on Monday when I get back. Mr. Sasser: Is there anyone else who would like to speak with regard to this matter? Can I have a motion to close the public hearing? Mr. diPierno: So moved. Mr. Prager: Second. Mr. Sasser: I would just like to say that I am certainly going to vote ves for it. Number one, I think there is a definate need for this. I don't think that it is really going to change the character of the neighborhood. We heard from the nearby properties and the objections that were voiced were addressed tonight. I don't think that it is going to change the character of that neighborhood and I don't think that there is any other way that you can do it based on his map and showing the topography of the yard and the drainage problem that he has, that there is any other way to do that. Based on those 5 .. I think that we should make a motion to grant and I would entertain that. Mr. Prager: I make a motion to grant that. Mr. diPierno: Second. )LL CALL Mr. Prager: Aye. Mr. Sasser: Ave_ Mr. diPierno: Ave. Mr. Sasser: It will be a late filing, but it will be filed within 5 days. Herb, I really don't think I have the ability by law to ... Mr. T,Pvenson: You have the ability. Mr. Sasser: I have never read that anywhere. Everything I read said that I had to file within 5 days. On for discussion tonight, is there anyone here from Samanich? O.K., lets go out of order here. Guardian Self_ Storaaei Appeal #1202. Mr. Levenson: Mr. Chairman, this is a variance to grant a 12% increase for impervious area. I had discussions with Mr. Redl before he went to Spain and we measure the entire thing out. He came back to me after the third discussion and said to me that it would be very difficult to cut down to 75% because it would impede the flow of traffic in and about the storage area. That is the request. Mrs. Redl-Daniel: He gave me 83% coverage. Mr. Levenson: 87%. Mrs. Redl-Daniel: I think he cut it back to 83%. He cut it back more, R3% coverage and an 8% variance. What he did was he cut it back from the nce and added trees. Wappinger Zoning Board Minutes - May 9, 1995 Page 9 e. Levenson: O.k., so it is now 83%. Mrs. Redl-Daniel: We meet with him before he went away. Mr. Sasser: You are now requesting an 8% variance? Mrs. Redl-Daniel: An 8% variance and there is 83% coverage and we cut it back_ Mr. Levenson: That will be so written in the legal notice. DISCUSSION OF MAP Mr. Sasser: What was the original approval for? Mr. Levenson: The original approval was ... Mr. Sasser: ... Did not take into account all of the paved areas. Mr. Prager: For the other variance you mean.? Mr. Sasser: Right. Mr. Prager: Right. Sasser: So, now you are coming back because there is more paved area an what the approval granted_ Mrs. Redl-Daniels: Right. Mr. Levenson: You are only allowed 75; and as you see this has been cut back considerable over there on the original drawings and you note that they put in the pine trees. Mrs. Redl-Daniels: The only reason we kept black top here is because we thought it would be cleaner. It wouldn't get so messy. Mr. Sasser: So, the original map had black top all the way to here and you now have -- Mrs. Redl-Daniels: Cut it back from there and we put in some trees. Mr. Levenson: Cut it back to 83% and we will so note that when we do the legal notice. Mr. Sasser: Not the legal notice, but at the public hearing that you have mitigate from the original .. Mrs. Redl-Daniel: I think it was from 88 to 83. Mr. Prager: Originally, I believe you have 87Y. Mr. Levenson: 87%. Wappinger Zoning Board Minutes - May 9. 1995 Page 10 Mr. Prager: So, now it has gone to 835-1 Mrs. Redl-Daniels: We need to keep the area wide enough for the trucks. I think too it was a concern. So, when we get the tractor trailers in there and some of the larger Ryder trucks. Mr. Levenson: I think Mr. Redl. will be back on Saturday and I will have a conversation with him again. Mr. Sasser: I think it is really pretty clear cut. I don't think that I have any questions_ Mr. Prager: I don't either. Mr. Sasser: I would like a motion to declare Lead Agency. Mr. diPierno: So moved. Mr. Sasser: Now, is this before the Planning Board already? Mr. Levenson: This is before the Planning Board. The Planning Board will hear it on Monday and they will hold it for the finality until. we get the variance. . diPierno: They are going to hear it Monday for the first time? Mr. Sasser: They have been before the Planning Board before. Mrs. Red] -Daniels: Yes. Mr. Sasser: (The Planning Board has already declared Lead Agency.) Mr. Levenson: It will be before the Planning Board for a public hearing. They will hold the public hearing, the approval, until the variance has been approved. Mr. Sasser: I don't know if it is required, but I would still like to Mr. Prager: I make a motion for a Negative Dec. Mr. diPierno: Second. Vote: All ayes_ Mr. Sasser: I don't think I have any questions. It looks pretty clear to me. I do think that it is important at the public hearing that you lust remember to bring out that fact even though it may be in the legal notice. I think that is going to be an important �,.,s. Redl-Daniels: I would say 83%? Mr. Sasser: Yes, that you have made an effort to mitigate from what the original proposal was. 4 Wappinger Zoning Board Minutes - May 9, 1995 Page 11 Mrs. Redl-Daniels: So, what was concluded here tonight? Mr. Sasser: We were looking to see if there was anything that we would require of you at the public hearing so you would know to bring it in. That is what a workshop is all about. Not to really try the issues, but lots of times there is questions that we will have. Instead of at the public hearing saying, you don't have all the information. Come back for another public hearing. Mrs. Redl-Daniels: This way you get it done. Mr. Sasser: This way we get it all done and finished. Mrs. Redl-Daniels: O.k., so I will just bring in more plans Monday night then? Mr. Levenson: Bring in 10 more sets of plans. Mr. Sasser: Let me just ask one question with regard to drainage on this property. I presume that you have catch basins? Mr. Levenson: The Planning Board is taking care of that. Sasser: I understand, but I want to know for my own knowledge because think. this impervious surface is going to be an issue with perhaps the public hearing and I want to know. Does it drain into holding ponds around? Mr. Levenson: Catch basins, I believe. Mrs. Redl-Daniels: Catch basins, I think towards the front. That is where everything else is anyway. Mr. Sasser: Which would go to where? Mr. Levenson: That goes into the storm drain up front. Mr. Sasser: Which goes into where? Mr. Levenson: It goes into the public drainage system. Mr. Sasser: I guess my point is, is it going down the street? Mr. Levenson.: It is not going down the street and it is not going onto anybody elses property. Mr. Sasser: It is sinking into the ground or is it going into ..? Mr. Levenson: It is going into a storm water system. Mr. Sasser: The storm water system goes into the creek. Am I correct? Wappi.nger Zoning Board Minutes - May 91 1995 Page 12 Mr. Levenson: It goes into the creek. Mr. Sasser: It doesn't go into Tri -muni or anything _like that? Mr. Levenson: No. Mr. Sasser: Any other business before the Board tonight? Mr. Levenson: Are you going to do Samanich? Mr. Sasser: Have you spoken with him, Herb? Mr. Levenson: Yes, I have spoken with him. Mr. Prager: The only thing if you could Herb, if you would, I would like to see some kind of a plot plan there. Mr. Sasser: A 1 1/2 ft. plot plan. That is it. Mr. Prager: That is all we will need. Mr. Levenson: This is going to be for the 23rd. Mr. Prager: Yes, but he is building something. He is removing a deck and is replacing it with a new deck. Mr. Levenson.: Right. Mr. Prager: Motion to adjourn. Mr. diPierno: Second. Vote: All avec. MEETING ADJOURNED AT 7:55 P.M.. Respectfully submitted, — �.�....« a.yaa�caa, "=c -L r- t-a� y Town of Wappinger Zoning Board of Appeals