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2002-06-25 Minutes of Meeting Town of Wappinger Zoning Board of Appeals MINUTes APPROVEO SEP 2 4 2002 Date: June 25,2002 Time: 7:30 PM In attendance: Mr. Lehigh, Chairman Mr. diPierno, Member Mr. Fenuele, Member Mr. Warren, Member Absent: Mr. Prager, Member Also in attendance: Mr. A. Roberts, Town Attorney Michelle Gale, Secretary Tania Lukianoff, Zoning Administrator SUMMARY ADJOURNED PUBLIC HEARING Mr. & Mrs. Waddell! Mr. & Mrs. Leduc VARIANCE GRANTED PUBLIC HEARING E & S OVERHEAD DOORS ERIC ROTGER VARIANCE GRANTED DISCUSSION FLAVIA PERRY PUBLIC HEARING SET 7-9-02 Minutes to be Approved: May 29,2002 Mr. Fanuele: I make a motion to approve the minutes. Mr. Warren: Second All in favor - all present voted - Aye 1 \. Appeal No. 02-7129 James&. Diane Waddell {former owner of DroDerty) for Roaer Leduc (new owner of DroDerty) - Seeking an area variance of Section 240-37 of District Regulations in R-40 Zoning District. Whereas a side yard setback of 25 feet is reauired. applicant is proposing a side yard setback of 23.25 ft. to construct 11' x 4' stairs to a 10' x 12' rear ODen wood decl(, thus reauestina a variance of 1.75 ft. The property is located on 44 he Lane and is identified as Tax Grid No. 6358-03-055019 in the Town of Wappinger. Mr. Lehigh: State your name for the record. Susan Todd from Caldwell Banker Real Estate, I'm here to represent the Waddell's. Mr. Lehigh: And the reason this was not taken care of earlier, we did not have all the mailings in. \. I see you have the last mailing in. I need a motion to re-open the Public Hearing? Mr. diPierno: So moved Mr. Warren: Second All in favor - all present voted - Aye Mr. Lehigh: The only thing we needed was the mailing, I need a motion for a NEG DEC Mr. Warren: So moved Mr. diPierno: Second All in favor - all present voted - Aye \.,. 2 '-' '-' ~ Mr. Lehigh: I need a motion to close the Public Hearing. Mr. Fanuele: I make a motion to close the Public Hearing Mr. diPierno: Second All in favor - all present voted - Aye Mr. Fanuele: I've got a question, the deck will be no closer to the property line than the house? Mrs. Todd: No Mr. Lehigh: Do you want to make a motion? Mr. Fanuele: I make a motion that we Grant the variance. Mr. diPierno: Second Roll Call Vote - Mr. Warren - Granted Mr. diPierno - Granted Mr. Fanuele - Granted Mr. Lehigh - Granted 3 Mr. Lehigh: Next Item '-" PUBLIC HEARING: APPEAL NO. 02-7132 E a. 5 OVERHEAD DOORS - Seeking an area variance of Section 240-37 of District Regulations in HID Zoning District. Whereas a front line of 75 ft. is required, applicant is proposing a front line of 1.6 ft. thus reauestina a variance of 73.4' to construct a commercial building. The property is located on 1131 Route 9 and is identified as Tax Grid No. 6157-04-66403~ in the Town of Wappinger. Mr. Lehigh: Do I hear a motion to open the Public Hearing? Mr. diPierno: So moved Mr. Warren: Second All in favor - all present voted - Aye Mr. Lehigh: Now I need you to state your request. '-' Mr. Roberts: State your name and address Mr. Rotger: My name is Eric Rotger, address is 1131 Route 9, Wappinger Falls, NY. Mr. Roberts: Who's the owner of the property? Mr. Rotger: DJT Reality Mr. Roberts: Who is E & S Overhead Doors? Mr. Rotger: It's my company, that's on the property, it's a business that I have. Mr. Roberts: What's you affiliation with DJT Reality? Mr. Rotger: I'm an owner. Mr. Roberts: A share holder? Mr. Rotger: Yes ~ 4 '-' Mr. Rotger: At an existing building on the property, approximately 1,600 sq. ft., which I was using for retail space, for my business I was going to renovate that building and use it for my retail. In the process of that, we had opened up some interior walls and found it was rotted out, there was a lot of water damage, and the foundation was in poor condition. I then had gone to the Town and explained to them that I wanted to go and put up a new building, because of the extensive damage. I asked them how to proceed, what should I do? They then told me go get a demolition permit, I'd have to hire an engineer and a Architect and get plans drawn up and apply to the Town. I then proceeded to do that, they issued me a demolition permit, than they issued me a building permit, I went out and put the foundation in, I had all my inspections done - then I was told I had to come here. Mr. Roberts: You're technically asking for about a 990/0 variance, what was the location of the old foundation on Route 9. Mr. Rotger: The location was I believe 2 ft. 8 in. from the state line, now with the new foundation it's 1 ft. 6 in. from the property '-' line. Mr. Roberts: That's a 14 inch difference, also I believe you moved the location of the building further northward, so there's no variance required for the side yard setback. Mr. Rotger: Correct, we had cocked the building. Mr. Roberts: You'll be putting in a new septic system? Mr. Rotger: A new septic system, we11 be putting in the rear of the property. Mr. Roberts: That's going to be built to the current Dutchess County Health Department Regulations. Mr. Rotger: That's correct. Mr. Roberts: That's going to replace the old system that was there? Mr. Rotger: That's correct ~ 5 \... Mr. Roberts: It's my understanding the old Route 9 was widened, and that's why the building is so close to the new road? Mr. Rotger: That's correct Mr. Lehigh: What we're talking about is - it's 1 ft. 6 in. different? Mr. Roberts: It's 1 ft. 6 in. difference than the prior foundation line. Mr. Fanuele: This is not 1 ft. 6 in. from the pavement of the road? Mr. Roberts: No - it's to the property line. Does this Board have a copy of the proposed Site Plan? Mr. Lehigh: Yes Mr. Roberts: Have you seen a copy of the prior Site Plan? Mr. Lehigh: Yes \...- Mr. Roberts: The Supervisor of the Town of Wappinger has written a letter. Mr. Lehigh: And the Planning Board has written a letter, in favor of it. Mr. Roberts: Both the Town Supervisor and the Planning Board have written a letter in favor of this? Mr. Lehigh: Yes - and we have received the Environmental Statement from the Planning Board. Mr. Roberts: You are going to have to adopt a separate NEG DEC. Mr. Lehigh: Does anybody from the audience want to speak for or against this? (No response) Mr. Fanuele: What's a dog house catch basin? Mr. Rotger: It's a catch basin for the water to flow in. Mr. Lehigh: I'll entertain a motion for a NEG DEC '-' 6 Mr. Warren: I motion for a NEG DEC ~ Mr. diPierno: Second All in favor - all present voted - Aye Mr. Lehigh: 111 take a motion to close the Public Hearing Mr. diPierno: So moved Mr. Warren: Second All in favor - all present voted - Aye Mr. Lehigh: I'll read our Decision. (Proceeded to read the Decision the Board adopted) I need a motion to close the Public Hearing Mr. diPierno: I motion to close the Public Hearing Mr. Warren: Second \r All in favor - all present voted - Aye Mr. Lehigh: I need a motion to Grant this variance. Mr. diPierno: I make a motion to Grant the variance Mr. Warren: Second Roll Call Vote - Mr. Warren - Granted Mr. diPierno - Granted Mr. Fanuele - Granted Mr. Lehigh - Granted Mr. Lehigh: The decision of the Zoning Board of Appeals is to Grant the variance to construct a new building, replacing the old building that was demolished facility, to a Site Plan of E & S Overhead Doors, prepared by Oswald & Gillespie, PC, dated May 23,2002. ~ 7 Next Item: \. DISCUSSION: APPEAL NO. 02-7133 FLAVIA PERRY - Seeking an area variance of Section 240-21 C of District Regulations in an R-40 Zoning District. Whereas a side yard setback of 50 ft. is required for a Corner Lot. aDDlicant is DroDosinG a side vard setback of 25 ft. to allow Dlacement of storaGe shed, thus reGuestin9 a variance of 25 ft. side vard setback. The property is located on 2 Hackensack Heights Rd. and is identified as Tax Grid No. 6257-04-53622~ in the Town of Wappinger. Mr. Lehigh: Would you step up and give your name and explain why you need a variance. Flavia Perry - 2 Hackensack Heights Ms. Perry: I need storage space, I have no where to store anything, and when I came here, I went over to Mr. Shed and I asked him and he said there wouldn't be a problem with the space, and that's why I went and purchased the shed. ~ Mr. Lehigh: The shed is already there? Ms. Perry: No - it's already purchased. Mr. Lehigh: And there is a reason because of the topography of the land that you couldn't put it out further? The lay of the land - you can't put the shed in compliance with the Zoning Ordinance. Ms. Perry: They told me 25 feet, and Mr. Shed came over there and measured it and said I had enough feet over the 25 feet, so I shouldn't have a problem. Mr. Fanuele: The shed is 12' x 18' The problem here is it's a corner lot and corner lot says in Zoning that it the same distance from both streets. How far is the house from the side property line? Is that where you're going to put the shed? '-' 8 '-' Ms. Perry: There's a deck on the side, and from where the deck is from the shed, we still have a lot of space from there and if the shed is going to be there we still have a lot of space. Mr. Fanuele: The deck is behind the house. Ms. Perry: Yes sir Mr. Fanuele: How much closer will the shed be from the road than the house? Ms. Perry: To the property line... Paul Perry (Son): The house is less than 50 ft. from the property line. Mr. Fanuele: How much will the shed stick into that? Mr. Lehigh: Can you line the shed with that side of the house? Ms. Perry: From the deck to my property line I would say I have about 40 ft. \.,..Mr. Fanuele: The house doesn't have 50 ft. setback? If you put the shed to where the house is than you're just keeping everything the way it is. Mr. Lehigh: I think we're going to have to come out and take a look at that. Saturday, 9:30AM I need a motion to make the Town of Wappinger Lead Agency \..r 9 \....- \.,. \.., Mr. diPierno: So moved Mr. Warren: Second All in favor - all present voted - Aye Mr. Lehigh: We put you down for a Public Hearing for July 9,2002. Motion to adjourn meeting Mr. diPierno: So moved Mr. Warren: Second All in favor - all present voted - Aye Meeting ended at 8:00PM Respectfully Submitted, ~.J-;~ D c;if J;... Michelle D. Gale Secretary - Zoning Board of Appeals 10