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2002-01-22 Zoning Board of Appeals January 22, 2002 Summarized Minutes Members Present Mr. Lehigh, Mr. Fanuele, Mr. diPiemo, Mr. Prager, Mr. Warren, MINUTES Chairman Vice Chairman Member Member Member Others Present: Mrs. Lukianoff, Zoning Administrator Mrs. Gale, Secretary ,-.~' \""-.- "",, L.- ..=.;:) /.~.:;-::. ;':i C', \" E:) 1 ,.... f':,. t;i \li1~f) r ~::: .'..... ..) .;......JU";;'" Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, NY Adjourned Public Hearing Discussions: SUMMARY R. Sabellico J. Finnigan D. Katz Variance Granted Set PH - 2/12/02 Set PH - 2/12/02 Mr. Fanuele: Motion to approve minutes from Nov. 13,2001 Nov. 27,2001 Dec. 11, 2001 Mr. diPierno: Second All in favor - All voted Aye Meeting Minutes from 1-22-02 2 First Item: - Adjourned Public Hearing ~ APPEAL No. 01-7109 Ravmond F. Sabellico. Jr. - Seeking a variance of Section 240.21B (d) of District Regulations. Whereas 6-feet is maximum height limit for a fence, the applicant is proposing an existing fence that is ll-feet 8-inches hil!h stepping down to 9-feet 3- inches, therefore the variance requested is 5-feet 8-inches, to have fence remain as erected. The property is located on 2336 Route 9D (formerlv 350 Route 9D) and is identified as Tax Grid No. 6157-01-025595 in the Town of Wappinger. Mr. Warren - Motioned to open adjourned public hearing. Mr. diPierno - Second All in favor - All voted - Aye Mr. Lehigh: We got your survey - you met with the man from M&O Sanitation, Mr. Swall.. \.r Mr. Sabellico: Yes, there was a question about the.. .there was a mix-up, he kept talking about the fence posts - and really he meant, the back bracing - he was right, the back bracing was on his property, they have been removed and he says now he has no problem with the fence, once the stuff is offhis property. Mr. Lehigh: Alright - is selling that property, do you know? Mr. Sabellico: Not that I know of - I don't know. In the last month and a half, nothing has moved out of the back. . .. Mr. Lehigh: He hasn't done anything..? Mr. Sabellico: No, so I feel I still need the fence. Mr. Lehigh: It bothers me that it's double the height that it should be, or almost double the height, and you do have everything off the property. Mr. Sabellico: Yes, everything is off his property, yes. Mr. Lehigh: Does anybody else have anything? '-' Meeting Minutes from 1-22-02 3 \. Mr. Prager: The only thing I can say about this is I know we don't normally let these type of things go - definitely that height - the only thing is, the situation I'm looking at - I know you get up high from Mr. Sabellico's (basically, his living area), in a situation like this ifthere was a house next door, if it was open I'd definitely be against it, this kind of situation I think it's. . . . . . It's not like it's a shabby old fence he put up, it's a good looking fence, I don't like it because I don't want to set precedent but I have to go along with it. Mr. diPiemo: There's no doubt there's justification here. Mr. Fanuele: And I agree with it, it's commercial property. Mr. Lehigh: I need a motion for a NEG DEC. Mr. Prager: I'll make a motion on a NEG DEC Mr. diPiemo: Second All in favor - all present voted - Aye Mr. Lehigh: I need a motion to close the public hearing. '-' Mr. Fanuele: I make a motion to close the public hearing. Mr. diPiemo: Second All in favor - all present voted - Aye Mr. Prager: I make a motion that we grant the variance for the fence that is erected on the site now. Mr. diPiemo: Second Roll Call Vote: Mr. Warren - Granted Mr. diPiemo - Granted Mr. Prager - Granted Mr. Fanuele - Granted Mr. Lehigh - No, I think it's too great a variance 1'11 vote against it. Mr. Lehigh: You have been granted the variance by 4 to 1. ~ Meeting Minutes from 1-22-02 4 Next Item: ~ APPEAL NO. 02-7115 Joseph Finniean - Seeking a variance of Section 240-37 of District Regulations for a R-20 Zone. Whereas 10-foot side yard setback is required for structures under 200 sq. ft., applicant is proposing a side yard setback of 3-feet, thus requestinl! a variance of 7-feet for a 13'6" x 10'5" open wood shed. The property is located at 7 Marlorville Rd. and is identified as Tax Grid No. 6157-01-068673 in the Town of Wappinger. Mr. Lehigh: Come forward state your name and what you need for your vanance. Mr. Finnigan: Applying for a variance for the shelter or wood shed, within the setback for the property line. Mr. Lehigh: This is an existing shed, right? Mr. Finnigan: Yes sir Mr. Lehigh: Difficult to move it? '-' Mr. Finnigan: Yes sir, it's set in posts. Mr. Lehigh: Is it on a foundation? Mr. Finnigan: No Mr. Lehigh: How long has it been there? Mr. Finnigan: About 3 years Mr. Fanuele: Why do you need a variance now? Mr. Finnigan: I was applying to re-finance my mortgage and it was identified it was in violation. Mr. Warren: Do you just keep fire wood in it? Mr. Finnigan: Yes sir Mr. diPiemo: This is a open structure, right? "'" Mr. Finnigan: Yes, it's just uprights and a roof, I had a tarp before that, and I thought it presented an unsightly appearance. Meeting Minutes from 1-22-02 5 \.r Mr. Lehigh: Is this open on 3 sides, 4 sides, with just a roof? Mr. Finnigan: Four sides Mr. Lehigh: Do you classify that as a building? Mrs. Lukianoff: That's right, over six feet with a roof. Mr. Lehigh: I think we better go out and take a look at it. Mr. Finnigan: I supplied pictures. Mrs. Gale: I included a picture in our file, I got from the building permit file. (The Board members each reviewed the photo) Mr. Prager: How close is your garage to the property line? Mr. Finnigan: I have the survey, here.. . '-' Mr. Prager: Yes, I'm trying to read it....that looks like it's closer to the property line than the shed. Mr. Finnigan: It was an existing garage when I bought the house the garage was there. Mr. Lehigh: Do you have the CO for the garage and the house? Mr. Finnigan: Well this survey was done when I bought the house, the house was built in 1930's Mr. Fanuele: When did you buy the house? Mr. Finnigan: In 1996, no 1995.. ..and this was the map that was given when we bought it. \..r Meeting Minutes from 1-22-02 6 '--' Mr. Fanuele: Now, your road front is.. ...just this little piece here? Mr. Finnigan: Yes, that's the Marlorville Rd. right there... Mr. Lehigh: We're going to come out and take a look it, Saturday 9:00AM I need a motion to declare the ZBA - Lead Agency. Mr. diPiemo: So moved Mr. Warren: Second All in favor - all present voted - Aye Mrs. Lukianoff: I just wanted to remind the Board.. .that this came under in a CO search as the only violation, the other structures on the property have valid CO's. \.. Mr. Finnigan: In applying for the re-financing, I have a 30 day period, I had to put $500 in escrow in order clear this matter up, how long..... Mr. Lehigh: You're going to have to come back for a public hearing, we always hold work shop on each variance and then the public hearing afterwards, so you have to be back on February 12,2002. '-" Meeting Minutes from 1-22-02 7 Next Appeal: \.., APPEAL NO. 02-7114 David & Debra Katz - Seeking a variance of Section 240-37 of District Regulations for an R40/80 Zone - Whereas 50-feet rear yard setback is required, applicant is proposing 27 feet. thus requestin2: a variance of 23 feet to have a deck remain where it is. And whereas 25-feet is required for side yard setback, applicant is proposing a side yard setback of20-feet, thus reauestin2: a variance of5-feet to have same deck remain where it is. The property is located at 106 Chelsea Rd. and is identified as Tax Grid No. 6056-03-367471 in the Town of Wappinger. APPEAL NO. 02-7116 David & Debra Katz - Seeking a area variance of Section 240-37 of District Regulations, to construct a 20' x 32'in 2:round pool- Whereas 50 ft. rear yard setback is required, the applicants are proposin2: a rear yard setback of 36 ft. thus requesting l! variance of 14 ft. The property is located at 106 Chelsea Rd. and is identified as Tax Grid No. 6056-03-367471 in the Town of Wappinger. '-' APPEAL NO. 02-7117 Variance #1 David & Debra Katz - Also seeking an area variance of Section 240-37 of District Regulations in R-40/80 Zoning District. Whereas front yard setback of75 feet is required from a County road to construct a 8' x 32' porch, applicants are proposing a 70 ft. front vard setback. thus requesting a variance of 5 ft. The property is located at 106 Chelsea Rd. and is identified as Tax Grid No. 6056-03-367471 in the Town of Wappinger. Variance #2 David & Debra Katz - Seeking an area variance of Section 240-37 of District Regulation in R-40/80 Zoning District. Whereas front yard setback of 75 feet is required from a County road to construct a 26' x 26' two car garage, applicants are proposin2: a front vard setback of 58.5 ft.. thus reauestin2: a variance of 16.5 ft. The property is located at 106 Chelsea Rd. and is identified as Tax Grid No. 6056-03-367471 in the Town of Wappinger. ~ Meeting Minutes from 1-22-02 8 ~ Mr. Lehigh: I'd like to take care of all the appeals at one time. Come up state your name, and we'll start with the first one on the deck that is requested to remain where it is. David Katz: This is the builder that I'm dealing with, Steve Schmidt Timberland Custom Homes, and I have drawings in color to make it easier to see exactly what we're dealing with. Mr. Lehigh: You were here before us once before in a conceptual and you were attempting to get some property from the people behind you. Mr. Katz: Right, it's not going to happen. Mr. Lehigh: I guess we'll go from there. Mr. Katz: The drawing show in the blue - shows the setback, where the setback requirements allows to be us to be.. ..you can see in the back of the house and the side of the house is already into the middle of the house, the setbacks have changed from when the house was built by 5 feet on the back and on the side. \..r Mr. Lehigh: But you have a CO on the house, right? Mr. Katz: Correct - and on the front of the house you can see the proximity to the front of the house, the only location to put something on this house is as I've indicated in the attached questionnaire that goes with the variances is on the east side of the house - or where the garage is now, there's very little space if you want to do anything on this piece of property and so obviously I've assumed you see the answers to the questionnaire. Mr. Lehigh: By the same token, maybe you're trying to over-build for the existing property, it's like you might put a house that belongs on an acre lot on a quarter-acre lot. Mr. Katz: I don't think that's the interpretation because there are one acre lots all around that have much bigger houses then what I have, as you can see on the percentages on here, I've got a one and a half percent, if you consider the additions that I'm talking about 4.1 % of the total property, whereas I know that's not even close to what...... Mr. Schmidt: Permissible building is.. .it's a modest house, even with the additions, if you're. ~ Meeting Minutes from 1-22-02 \.,. Mr. Lehigh: We're going to have to come out and take a look at it, there is an existing pool there..... Mr. Katz: Right, the existing pool is proposed to come down, I didn't apply for a variance for the existing pool because we're looking to try to be as conforming as we can, trying to deal with all these things at one time, which is what prompted the whole process to begin with. Mr. Schmidt: The pool will be coming down, David learned of this through his re-financing..... .(in correcting it, to see what he do to develop within the Town's guidelines for the future. Mr. Lehigh: The deck is existing.. ..right? Mr. Katz: Correct Mr. Lehigh: Did you get a building permit for the deck? '-' Mr. Katz: The answer is no to that..but I preface it by saying that when the house.. ...was bought, I was the original owner, it was not completed with a front porch or a back deck although there was a front door and there was back sliding glass doors, with nothing sealing them off, the agreement I was under the impression I had with the builder and with the Town, I was going to take on putting the deck up, putting the front steps up and doing the lawn. . . . apparently I was mis-informed or misunderstood, or both because the only thing there was an open permit for, was the front steps, but I didn't know this until Ire-financed I thought that this is all part and parcel of the original situation. Mr. Schmidt: So evidently he was given a CO with no deck at all, in the back. Mr. Katz: Or front steps or anything else. Mr. Schmidt: This is years before the Town was as sophisticated as it is now.. .. so something slipped through the cracks, he dealt with and didn't realize where he was, until now. It's not a small parcel, it's over an acre. Mr. Fanuele: The existing pool was put in - it was there before? Mr. Katz: No, I'm the original owner - I put the pool in. \.- Mr. Schmidt: That was done without a permit. 9 Meeting Minutes from 1-22-02 Mr. Katz: We hired a contractor, I was told we didn't need a permit for it, it was an above ground pool. ~ Mr. Fanuele: The proposed two story addition, that's just one floor you're putting on? Mr. Schmidt: Adding a second story to what's there now. Mr. Fanuele: My question deals with the septic fields, then you go and move it. . .. Mr. Schmidt: I can explain that. . . Mr. Fanuele: Do you have Health Department approval? \.,.. Mr. Schmidt: The Health Department OK'd with the repair permit, we spoke to Dan O'Connor is the local engineer - in charge of this area, we have the expansion area, if you could see the lines that are horizontal in your drawing.. .that's two fifty-foot lines and we're replacing that into the approved and the existing expansion area by the long strip.. ...so we're putting the same fields back in the area that was always designated "for expansion" and Dan O'Connor has already given his blessing on that, wanted this drawing to have in his file and when the work would begin he would do a repair permit and come out and do the inspection, but it doesn't require a process with the Board of Health, there's no additional bedrooms being added to the house. Mr. Katz: He also pulled that up, and looked at the files and looked at the photograph map and looked at the "as build's", he's the one that suggested we do this and do it this way. Mr. Prager: You're not expanding, you're just adding. Mr. Schmidt: It's a three-bedroom home and remaining a three bedrooms, the second story addition is a master suite, that you loose one bedroom when you do that on a raised ranch, staircase and space up, we asked for alternatives - would we put in a galley system or beehive, his suggestion what he would like to see. Mr. Lehigh: Mr. Prager: The front porch isn't on there either, right? Proposed porch.... Mr. Katz: Yes, that's it.... ~ Mr. Schmidt: And the existing front porch is just a slab and it is within that footprint. . 10 Meeting Minutes from 1-22-02 '-" Mr. Katz: Also, I'm sure you're aware of, this is a county road and the owner is required to have a variance in the front is because it is a county road and we have a 75' setback as opposed to what would be typical of a 50' setback, additionally any other house on the road IS.. ... Mr. Lehigh: You're just kind of misleading it a little bit because - the Town says 50', for a town road - the county says 75' for a reason because when they widen the road they make it a lot wider that's why it's 75' in the Zoning Ordinance. Mr. Katz; Any other house on the road - if you drive up and down Chelsea Road every other house is closer to the road, with the exception of maybe three - then my house is already, so it's not like it wouldn't effect.. .if they expand the road, it's not uncommon for this house and it's still further back than a lot of houses on Chelsea Rd. Mr. Fanuele: I would think we would need something from the Health Dept. saying that the rearrangement of this septic. . . Mr. Schmidt: Definitely, can we provide it at the next meeting? \.. Mr. Lehigh: Yes Mr. Schmidt: Because Dan has this now, and he's in agreement with what we're proposing, we asked ifthere was any formal process, he just told us verbally - we'll just have him put that in a signed letter, that it would just be a repair permit. Mr. Lehigh: That proposed second-story addition - 28' x 28' - the existing house is 28' x 44', so you're putting an addition on with the second story 28' x 28' . Mr. Schmidt: No, the addition is the second story. Mr. diPiemo: So in effect, the configuration will be like a split-level. Two levels at one end - one level at the other end. Mr. Katz: Correct Mr. Schmidt: No additional foundation footprint for that part, the addition of what we require a footprint is the garage and the columns for the porch. ~ 11 Meeting Minutes from 1-22-02 ~ Mr. Prager: "I assume the".. ..(could no fully hear entire question - seems to be asking question regarding marking the property where the proposed building is going to be identified). Mr. Schmidt: Would it be helpful for you for when you came out - to put some stakes in? Mr. Prager: Definitely, actually is you could really line them. Mr. Katz: Any idea, time wise on Saturday? Mr. Lehigh: We said the other one is 9:00AM - we could be there 9:30AM. Mr. diPiemo: Do you have a house number out front? Mr. Katz: It's on the telephone pole. Mr. Lehigh: I don't think there's any reason for the Planning Board to deal with this? Mrs. Lukianoff: No this is not..... ~ Mr. Lehigh: I need a motion for Lead Agency Mr. diPiemo: So moved Mr. Prager: Second All in favor - all present voted - Aye Mr. Lehigh: We'll be out Saturday, and schedule the public hearing for February 12, 2002. Do we have any other questions? Mr. diPiemo: Motion to adjourn Mr. Prager: Second Mr. Lehigh: I have a motion for adjournment, and a second - all in favor - all voted - Aye Meeting ended at 8:00PM Respectfully Submitted, ~.J-~ D 9!lJz '-' Michelle D. Gale Secretary - ZBA 12