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2002-03-12 ZONING BOARD OF APPEALS 10f8 3-12-02 MINUTES f,lINUiES APPROVE;) MAR 2 '3 2002 Zoning Board of Appeals March 12, 2002 Summarized Min utes Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present ML Lehigh, ML Fanuele, ML diPierno, ML Prager, ML Warren, Chairman Vice Chairman Member Member Member Others Present: Mrs, Lukianoff, Zoning Administrator Mrs. Gale, Secretary SUMMARY Public Hearings: William Czesak Variance Granted Ann Marie Kozuch Adjourned Minutes approved: 2-16-02 2-26-02 3-02-02 Mr. Lehigh: First business to become before the Board is the approval of the minutes. Mr. Fanuele: I'd like to make a change to the minutes of39 Wildwood Dr., I inspected it also. ML Lehigh: Mrs. Gale: Victor was there. I'll make change to minutes. Mr. Lehigh: If nobody has any problems with the rest of them, I'd like to ok them all at the same time - do I hear a motion for that? Mr. diPierno: So moved Mr. Warren: Second All in favor - all present voted - Aye ZONING BOARD OF APPEALS 20f8 3-12-02 \.. APPEAL No. 02-7119 Mr. William Czesak - Seeking an area variance of Section 240-37 of District Regulations in R-20 Zoning District. Whereas a rear yard setback of 40 feet is required, the applicant is proposine: a rear yard set of 28 feet to install an above e:round pool. thus reauestine a variance of 12 feet. The property is located at 39 Wildwood Drive and is identified as Tax Grid No. 6258-01-040656 in the Town of Wappinger. Mr. Lehigh: I'll hear a motion to open the public hearing. Mr. Prager: I make a motion to open the public hearing. Mr. Warren: Second All in favor - all present voted - Aye Mr. Lehigh: Briefly go through your description again. Mr. Prager: Are all the mailings in order? Mr. Lehigh: Yes, all the mailings are in. You need the variance so you can have the pool? Mr. Czesak: Yes sir. \.- Mr. Lehigh: We went out and looked at the site, nothing has changed since we were there? Mr. Czesak: No sir. Mr. Lehigh: Does anybody have any questions? Mr. Fanuele: Where is the playground going to be moved? Mr. Czesak: The swing set will be moved to the left, when you're looking at the rear of the property. Mr. Fanuele: Most of the pool will be located behind the house? Mr. Czesak: Yes - that's really the only practical place to locate the pool. Mr. Prager: It doesn't look like there's much other areas..... Mr. Lehigh: You did give some thoughts to extending the fence out, privacy fence in the front of that - I think that will do a lot of good. \.- ZONING BOARD OF APPEALS 30f8 3-12-02 ~ Mr. Czesak: Yes - we are going to fence in the backyard. Mr. Lehigh: Does anybody have any other questions? (No) Mr. Lehigh: I need a motion for a NEG DEe. Mr. diPiemo: So moved Mr. Prager: Second All in favor - all present voted - Aye Mr. Lehigh: I need a motion to close the public hearing. Mr. Fanuele: Anyone have any comments from the audience? (No comments) Mr. Prager: I motion to close the public hearing. '-' Mr. Warren: Second All in favor - all present voted - Aye Mr. Fanuele: I make a motion that we grant the variance. Mr. diPiemo: Second Roll Call Vote: Mr. Warren - Granted Mr. diPiemo - Granted Mr. Prager - Granted Mr. Fanuele - Granted Mr. Lehigh - Granted '--" ZONING BOARD OF APPEALS 40f8 3-12-02 Next Item: '-' ADJOURNED PUBLIC HEARING: Anneal No. 00-7078 ANNMARIE KOZUCH - Seeking area variance of 4.9 ft. for minimum side yard of 40 ft. for a single family residence, from Section 240-37 for R-80 Zoning District. Applicant has 35.1'. Property is located on 16 Ada Drive and is identified as Tax Grid No. 6157-04-957160 in the Town of Wappinger. Mr. Lehigh: Do I hear a motion to reopen the adjourned public hearing? Mr. diPierno: So moved Mr. Warren: Second All in favor - all present voted - Aye Mr. Lehigh: You had some problems, last time with that because of the private road, which you are on. I understand that's been cleared up, I don't have anything in writing that says it has. '-' Mrs. Lukianoff: I believe, Mr. Chairman, that you had gotten a copy of a letter - that was directed by the Town Attorney, saying that all legal issues have been resolved and that the applicant can proceed with the variance application. Mr. Lehigh: Yes we did and I talked with the Town Attorney tonight, and he said he hasn't seen anything letter wise that says..... Mrs. Lukianoff: He told us to go ahead. Mr. Lehigh: That's right, and that's exactly what he told me to do, he said not to give a decision tonight because he's waiting for the title company to come up with the right proof and Mr. Adams hasn't given it to him as yet. Mrs. Lukianoff: Then why did he submit the previous letter, I don't understand that part of it. Mr. Lehigh: You'll have to talk with him. ~ , . ZONING BOARD OF APPEALS 50f8 3-12-02 ~ Mrs. Lukianoff: I will Mr. Lehigh: I just talked with him tonight, we're going to hear everything and reserve a decision until we see the paperwork. All we have is...... Unless you have it? (Gentlemen with Ms. Kozuch - Mr. Warren McPartlin) Mr. McPartlin:What kind of paperwork are you looking for? Mr. Lehigh: We're looking for the easement. (Looking through files) Mr. Lehigh: It says here - that you have a right over Ada Drive, but that's not Ada Drive that you're located on. Mr. McPartlin:The access is from Ada Drive - I don't know if you know the area there. '-' Mr. Lehigh: I know the area and we've been up there to look at it, what this says is "over Ada Dr." - and anybody has a right of way over Ada Dr., that's a town road, you 'ref located on a private driveway that you have to have right of way to go over that, from Ada Dr. over that private driveway to your house. Mr. McPartlin:l'm just getting in on the tail-end of this.. .. So that private drive - is that owned by the neighbor there.. .is that what you're saying? Mr. Lehigh: Yes, the driveway to the house - it's got to be owned by somebody. Mr. McPartlin:But there's no public record that would show...I don't understand. Mr. Lehigh: The public road stops there.. ..what you're supposed to have is you're supposed to have 50 feet on the town road - that's the zoning ordinance, you don't have 50 foot of town road - evidently this lot.. ..pre-dates zoning, and that's why you're going to be granted a building permit, unless you have access in there - which you have to have...I really can't grant you a variance if there is something illegal on the property - prohibited. I understand, from talking to the Town Attorney, tonight - that there is no problem, it's just the paperwork . hasn't been..... '-" ZONING BOARD OF APPEALS 60f8 3-12-02 '-' Mr. McPartlin: Where would we be able to find that information, is it public record? If you don't have that information - where would we find that information? Mr. Lehigh: I would think you would have found that out before you built. Mr. McPartlin:How did everything get approved.. ...you guys are the one that approved the building permit? Mr. Lehigh: We had some meetings on this and the prints that she submitted had a stamp on - when they were returned to you - that it should never have been approved, from the Town Engineer. Mr. McPartlin:The Town Engineer did approve it? Mr. Lehigh: No he didn't - he put a stamp on there, of things that had to be done and you never did them. So, I don't want to get involved in the legal where with all, because I'm not sure where we're coming from, that's why we have a Town Attorney. '--' Mrs. Lukianoff: I guess at this point, it would behoove you to put pressure on the Title Company - here Mr. Roberts' refers to - "he had been verbally assured", I guess what he wants - be on paper. The title company here is Corbally, Gartland & Rappleyea. Mr. Prager addressing the gentlemen with Ms. Kozuch - I'm sorry, I didn't catch the name. My name is Warren McPartlin. (various discussions are in progress at the same time)..... Mr. Prager: Basically, what the Town's attorney is stating here....I believe it is, he's awaiting conformation from the Title Company that the easement was validly conveyed to your selves, that's basically what Mr. Roberts' is stating here. Do you still have Jon Adams doing this, your attorney? Ms. Kozuch: Yes Mr. Prager: He's the one that supposed to be getting this information Ms. Kozuch: I called him maybe a month ago, he seemed to think . things were resolved. He didn't even say anything about this. Mr. Prager: You might want him to contact Al Roberts. ~ , . ZONING BOARD OF APPEALS 70f8 3-12-02 Mr. Lehigh: I think he did.. \.,.. Mr. McPartlin: And the issue that we're talking about is - where it says 35.1 feet it supposed to be 40 feet? Mr. Lehigh: No - what we're talking about is the whole length of that driveway, from Ada Drive coming in, you have to have a permit to be in there, a right-of-way from the people that own that road, you have to have a permit, and you don't have it, and that's what we're waiting for, before we give you a decision - because if! give you a decision and somebody challenges it, then we don't have it and you're under Article 78 and then they throw it out anyway. What you have to do is make sure Mr. Adams gets you the confirmation on that right-of-way, now I understand the Title Company has it, it hasn't been presented to the Town, as yet ahd that's where it has got to go. Mr. McPartlin: You're saying Ada Drive ends where the blacktop ends? Mr. Lehigh: Right Mr. diPierno: Who did you buy the property from? Ms. Kozuch: Timothy Cronin '-' Mr. diPierno: He transmitted a deed to you? Ms. Kozuch: Yes Mr. diPierno: And in that deed there was no specification about an easement or the right of access? Ms. Kozuch: Actually, there was a correction done to the deed and that was handled through Jon Adams. Mr. diPierno: Do you have the deed? Mr. Lehigh: That's what we were just looking at. Ms. Kozuch: No - that's the old one (the original one). There was an update. . . Mr. diPierno: You are the property owner, you have a legal right to that deed. Mr. Lehigh: I don't want to close it. Make a motion. ~ . . ZONING BOARD OF APPEALS 80f8 3-12-02 '-' Mr. diPierno: I make a motion we adjourn this again, until further information is provided. Mr. Prager: I'll second that. Mr. Lehigh: This way it gives you a chance to come back. Mr. Prager: Primarily, what we're interested in getting is the confirmation from the title company, that the easement was validly conveyed to you. Ms. Kozuch: And that would be written in the updated deed, you're saying? Mr. Lehigh: Should be.. .Mr. Adams should find that. Mr. Fanuele: It would also have it in the deed of the other guy's property, granting you the easement, ifit's not in his deed and it's in your. Mr. Lehigh: We have a motion to adjourn the public hearing - do I hear Aye? Members: Aye Mr. Lehigh: Do I hear a motion for adjournment? '-" Mr. Prager: I make a motion to adjourn. Mr. diPierno: I'll second it. All in favor - all present voted - Aye Meeting ended: 8:00PM Respectfully Submitted, 0(~~L- 0. 0)t~- Michelle D. Gale Secretary - Zoning Board of Appeals ~