Loading...
2002-10-22 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of October 22, 2002 MINUTES Zoning Board of Appeals October 22, 2002 Summarized Minutes Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Lehigh, Mr. Fanuele, Mr. diPiemo, Mr. Warren, Chairman Member Member Member MINUTES APPROVED NOV 12 2002 Members Absent: Mr. Prager, Vice-Chairman Others Present: Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary SUMMARY Public Hearing: Lawrence Travers Granted Variance. Discussion: Raymond Knauss Zacarias Mendoza F emwood/Hettinger Phil & Vicki Grillot Discovered variance not necessary. Public Hearing on November 12,2002. Need to submit site plan. Need additional information from engineers. Town of Wappinger Zoning Board of Appeals ~ Mr. Warren: Mr. Panuele: Vote: Page 2 Minutes of October 22, 2002 Motioned to approve Minutes for October 8, 2002. Second the motion. All present voted aye. Appeal No. 02-7145 Raymond Knauss -Seeking an area variance of Section 240-37 of District Regulations in an R- 40 Zoning District. Whereas a rear vard setback of 50 feet is reauired, the applicant is DroDosinq a rear vard setback of 36 feet for an above around Dool and wood deck, thus reauestina a variance of 14 feet. The property is located at 245 Pine Ridae Drive and is identified as Tax Grid No. 6257-04- 721111 in the Town of Wappinger. Mr. Knauss: \..r Mr. Lehigh: Mr. Lehigh: Mr. Fanuele: Mr. Lehigh: Mrs. Lukianoff: Mr. Lehigh: '--" This is for an existing deck and pool. I was applying for a building permit so I could obtain a CO and they discovered that I would need a variance. I am re-financing my home and so I want to be totally legal. I was told I was 14 feet to close to the adjoining property. That property is densely wooded and an empty lot. On this site plan, I don't see the deck or the pool. Could you come forward and show us? Mr. Knauss proceeded to show the members where on the survey his deck and pool were located. This is a comer lot. Which is the front of the house? You can choose either side for the front of your house. Tania can you come up and look at this. This could be the rear or the side of your lot. You get to choose this one time, but once it is chosen it will always remain that way. It looks like it is a side yard rather than a rear yard, so it looks like you don't even need a variance. Town of Wappinger Zoning Board of Appeals \.... Mr. Knauss: Mr. Lehigh: Mr. Knauss: Mrs. Lukianoff: Page 3 Minutes of October 22, 2002 That's fine with me. So I think he is entitled to his money back. Go in tomorrow and you can take care ofthat. Thank you. So you are choosing this as the side and this as the rear. Could you please sign this here that you agree. (Mr. Knauss signed the survey map to verify that he agreed with which side would be his rear yard.) ADDeaINo.02-7143 Lawrence Travers -Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning District. Whereas a front vard setback of 35 feet is required, the applicant is proposing a for front yard setback of 24 feet for the installation of a 7' X 12' front deck with steDs, thus reGuestinG a variance of 11 feet. The property is located at 2 Wendy Road and is identified as Tax Grid No. 6258-01-016684 in the Town of Wappinger. '-" Mr. Warren: Mr. diPierno: Vote: Mr. Lehigh: Mr. Travers: Mr. Lehigh: Mr. Fanuele: Mr. Travers: Mr. Lehigh: Mr. diPierno: Mr. Warren: Vote: '-' Motion to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? (Yes.) I am trying to fix up the entranceway into my house. I am just covering what was there before. Does anyone have any questions? Do you have any other violations on your property? No I don't. I have a CO on my shed right here. Any other questions? Anyone in the audience? Hearing none. Motion to grant a neg. dec. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals '-' Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Fanuele: Roll Call: Page 4 Minutes of October 22, 2002 Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the variance of 11 feet for a front yard deck and stairs. Second the motion. Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Aye. Appeal No. 02-7146 Zacarias Mendoza -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Whereas a rear vard setback of 40 feet is reauired, the applicant is proposina a rear vard setback of 36 feet for a 22 X24 foot aaraae, thus reauestina a variance of 4 feet. - Whereas a side vard setback of 20 feet is reauired; the applicant is proPosinq a side vard setback of 15 feet for a 22 X24 foot aarage, thus reauestina a variance of 5 feet. The property is located at 436 All Anaels Hill Road and is identified as Tax Grid No. 6357-03-072064 in the Town of Wappinger. ~ Mr. Lehigh: Mr. Mendoza: Mr. Lehigh: Mr. Mendoza: Mr. Lehigh: Mrs. Mendoza: f,-, So you are requesting two variances, one for 4 feet and one for five feet, correct? Yes, sir. This is a detached garage. Can you put this somewhere else? No sir, this is the only place available. I live on a comer lot and the other side is All Angels Hill Road and is very busy. I also have my septic and well, so it's the only place available. Does it have to be this big? We have five vehicles, and we choose the smallest that we could for two cars. Town of Wappinger Zoning Board of Appeals '-" Mr. Lehigh: Mr. Mendoza: Mr. Lehigh: Mr. Fanuele: Mr. Lehigh: Mrs. Mendoza: Mr. Lehigh: Mr. Mendoza: Page 5 Minutes of October 22, 2002 Do you already have a garage? We don't have any at this time. Any questions gentlemen? We have to go and look at it. We will come out and take a look at it on Saturday morning. Could you put a couple of stakes out so we know where it will be going and also mark out the property line. I will be home to answer any questions. We will put you on for a public hearing for November 12, 2002. Good night. Appeal No. 00-7071 ~ Fernwood Floral Garden Style Ine.fR.B. Hettin2er.. Inc. Seeking a use variance of Section 240-37 of District Regulations and 240-16 (C) (3) Article IV Application of Regulations, Nonconforming use of a building. The property located at 51 Myers Corners Road, is identified as Tax Grid No. 6157-02-899988 located in the Town of Wappinger. Present: RoccoTrenkler Helen Hettinger Mr. Trenkler: I have submitted a narrative to the board so I would like to read it. (Mr. Trenkler proceeded to read his narrative for the board in its entirety.) Mr. Lehigh: We would like you to talk to our planner. Mrs. Lukianoff: This gentleman had appeared before the planning board on another piece of property that he was interested in on the comer of New Hamburg Road and Route 9D in Hughsonville. \...... Town of Wappinger Zoning Board of Appeals Mr. Trenkler: ~ Mr. Lehigh: Mr. Roberts: Mr. Lehigh: Mr. Roberts: Mr. Lehigh: Mr. Roberts: ~ Mr. Trenkler: Mr. Roberts: Mr. Trenkler: Mr. Roberts: Mr. Trenkler: Mr. Roberts: Mr. Trenkler: ~ Page 6 Minutes of October 22, 2002 We were tentatively approved and two days later I found out the site had been rented. That's fine, but I would still like our planner to look at this and let him know what you would like to do. This is an application for a use variance and there are statutory criteria that they have to meet in order to get the use variance. It is somewhat a change of use from what the use is presently at the site. There may be some planning related issues and I would recommend that the planner be brought into it to make sure if the variance could be granted. Then he should have to go in front of the planning board too. You might want to get a recommendation from the planning board on this issue. You do have the authority to go to the planning board on this issue. This is going to take a while, we can't just grant you the use variance very quickly. You should have a site plan. How many employees do you have and how many trucks? One part-time, a driver and myself. The driver brings the truck to the florist in mid-morning and then after deliveries he takes it home. Do you have many walk-ins? Many one or two a day, a little more around the holidays. Most of my work is from the phone. How many deliveries? Maybe once a day. I try to plan it so it's less often, to be frugaL It's usually a Monday, Wednesday and Friday. We do about two runs a day. I don't bring the driver in until about 11 :30 a.m. Our business hours are 9 to 5 :30 p.m. I really think it is appropriate to have the planner look at this. Somewhere down the line the realtor had an old site plan that showed the spaces and the lighting. Would that be sufficient? Town of Wappinger Zoning Board of Appeals Mr. Roberts: '-" Mr. Lehigh: Mr. Trenkler: Page 7 Minutes of October 22, 2002 Sir, I really don't know. It needs to be adapted to your use and needs. That's only part of this application. Besides how you are going to use it, the other is how this site could obtain the use variance under existing law. You need to demonstrate how this property cannot be used for any other use under the zoning law. That's the legal definition. So you now know what you have to do. Thank you. Appeal No. 02-7144 Phil & Vicki Grillot -Seeking an area variance of Section 240-37 of District Regulations in an R- 40 Zoning District. Whereas a fronta&e of 50 feet is required, the applicant is proposing a fronta&e of 20.28 feet, thus requestin& a variance of 29.72 feet. The property is located on Diddell Road and is identified as Tax Grid No. 6359-02-630650 in the Town of Wappinger. Mr. Roberts: \.., Mr. Lehigh: Mr. Roberts: Mr. Lehigh: Mr. Fanuele: '-' Mr. Lehigh: I went through the papers and the prior Town Attorney Tom Wood, issued an opinion back in 1988 and I fully concur with his opinion. This is not anything different than many other lots in the town that were created prior to the establishment of zoning. Unlike a lot of these types of lots on private roads, this one has ownership right out to a town highway which is much better because ownership is very clear. However the way our ordinance is drafted, there are minimum lot frontages that this lot does not meet. In that respect I do believe it will require a variance from this board. The other thing missing in this file, although they attached a copy of the legal description when this gentleman purchased it, they don't indicate the date it was purchased nor have they supplied a copy of the lot configuration prior to 1963 when the ordinance was first adopted. Those two things I think should be submitted. Also the site distance on that driveway is not the greatest. That would have to be submitted to the highway superintendent Read from Graham's letter. If the bushes are in the way they will have to be moved. Tell Mr. Gillespie that he needs to verify site distance. Town of Wappinger Zoning Board of Appeals '-' Mr. Fanuele: Mr. Roberts: Mr. Fanuele: Mr. Roberts: Mr. Fanuele: Mr. Roberts: ~ Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: Vote: Page 8 Minutes of October 22, 2002 Also, the part of the map in LaGrange is not clearly marked or outlined and there should be a date on the map as to when this happened. Also, Mr. Woods's letter, I don't know in would go along with this. It says here, ".....it would appear", I think he should be more concrete when he said it appears. It's kind of a wishy washy statement. I think we need the proof that this lot was created prior to the adoption of zoning. Actually it has to be prior to the adoption of 50 foot. But the frontage now as I understand it is less than 25 feet, so in either case it is less than the standard. So he will need a variance of 30 feet if this predates zoning of 1963. How about the driveway specs? Can he meet them? Graham said he should be able to meet the driveway specs, site distance is another matter. He will have to talk to his neighbors for a sight easement. Motion to close this discussion. Second the motion. All present voted aye. Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8: 15 PM ~ Respectfully Submitted, Barbara Roberti, Secretary Secretary - Zoning Board of Appeals