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2001-02-13 MINUTES APPROVE{) FEB 13 2001 \... Town of Wappinger Zoning Board of Appeals Summarized Minutes February 13,2001 MINUTES Town of Wappinger Zoning Board of Appeals February 13, 2001 Time: 7:30 p.m. Town Hall 20 Middlebush Rd \Vappinger Falls, NY Members Present: Mr. Fanuele, Vice Chairman Mr. Prager, Member Mr. diPiemo, Member Mr. Warren, Member Members Absent: Mr. Lehigh, Chairman Others Present: Mrs. Lukianoff, Zoning Administrator Mrs. Gale, Secretary \... SUMMARIZED PROJECTS DISCUSSED: '\ 0 'fry Kevin Davis & Eileen Lithco 0 \) - Variance Denied Public Hearing: Montegari/Morse - Variance Granted Discussions: Annmarie Kozuch Michael & Nadine Sheehan - Set PH for Feb. 2th - Set PH for Feb. 27th Mr. Fanuele listed minutes to be approved: January 16, 2001 - Mr. Prager motioned to accept Mr. diPiemo, second motion All in Favor, All: Aye January 23, 2001 - Mr. diPiemo Motioned to accept Mr. Prager second motion All in Favor, All: Aye ~ January 27, 2001 - Site Visit Minutes (Davis) Mr. Prager, motioned to accept Mr. Warren, second motion " '-' Next Item: Appeal No. 01-7084 ALFRED MONTEGARI/TOBY MORSE - Seeking an area variance of 3 feet for house to remain on lot, house is located 3 feet over side yard set back. The property is located at 26 Fleetwood Drive and is identified as Tax Grid No. 6156-01-249806 in the Town of Wappinger. Mr. Fanuele: Could you please come up and explain what you're going for? Mr. Prager: Motion to open Public Hearing Mr. diPiemo: Second All in Favor - All: Aye Mr. Fanuele: Are all the mailings in? Mrs. Gale - Yes, except the one we discussed earlier. '-' Mr. Montegari: Plot was set up - the house was set 3' facing to the left into the 15' setback. On top of that too - which wasn't in this meeting - it was set 37" too low. Mr. Prager: I believe you said it was staked out properly, but the excavator is the one.. ..Actually, they caused the staking it out and they brought the ground level too low when they were digging the plot. The property was staked out by a surveyor, but they went by his stakes which were correct, somehow they went off - with the actual setting of the house off to the left. Mr. Fanuele: You mentioned something about the house being too low - you're going to have to raise it to keep it in the same location? Mr. Montegari: Yes, as long as this goes.. .. Mr. Fanuele: Your plan is to raise it - but keep it in the same foundation? Mr. Montegari: Yes, everything works out - they're going to ..... Mr. Fanuele: Anybody on the board have anything to say? Anybody in the audience have anything for or against this variance? Mr. Prager: I have a question, I have a couple of maps in front of me - is this part of this one? \..,.- 5 Mr. Fanuele: Yes, our secretary gave us this map where the green area is - is the property that we did not get \..or the mailings back. Mr. Fanuele: Doesn't have any road frontage there Mr. Montegari: What happened there - initially when she was heir to the property from her grandmother, it was .49 acres was actually being paid for on the taxes. When we went to Poughkeepsie, it was actually mapped out on the tax map - it was mapped out that we own that piece and then come to find out that during the deeding of that property, to her grandfather, years ago - they did not deed that little piece which should have been deeded. So, initially we thought we had that piece and then we find out it belonged to Harry Raker Corp., which the initial purchase was from - they missed deeding that over - when we went to the lawyer, it was actually .40 that was deeded over. Mr. Fanuele: That little sliver - you paid on it since? Ms. Morse: Yes, 30 years Mr. diPierno: Who owns it? Mr. Montegari: It was the Harry Raker Corp. ~ Ms. Morse: According to the information I was given - here - what happened when the mailings went out, it went to heirs of or siblings of Harry Raker - we could not find - we tried to contact them to say, could we purchase this from you... What originally happened was at the County Clerk's office a new tax map was filed - it was shown as ours, but there was never an amendment to the deed, they changed it in the tax office, but in actuality, my family never owned it. Mr. diPierno: Who's paying taxes on it? Ms. Morse: My grandfather, my grandmother and then my mother. Mr. diPierno: They've been paying taxes on it - for how long? Ms. Morse: My grandfather got in sometime in 1974. Mr. diPierno: 10 years - check with your lawyer ifit's uncontested for 10 years, it's yours, so don't give it up, check with your attorney. Mr. Fanuele: If you own that - your house would be within specs? Mr. Montegari: I'm not sure \..,. Mr. Fanuele: It would help Mr. diPierno: What's the property that's marked Town property? 6 '-" Mr. Montegari: Opposite side of stream is sewerage treatment plant. Mr. Fanuele: Anybody in the audience - for or against this variance? Mr. Prager: Motion to close public hearing Mr. diPiemo: Second All in Favor: All- Aye Mr. Fanuele: It's the pleasure of the board to grant the variance - motion to grant Mr. Prager: Second All in Favor: All- Aye Roll Call Vote: Mr. diPierno - Granted Mr. Warren - Granted Mr. Prager - Granted Mr. Fanuele - Granted \..- Mr. Prager: I don't feel there's going to be a determental effect to the property, or change in character, there's no alternative methods - other than moving the house. Next Item: Discussion Appeal No. 00-7078 KOZUCH - Seeking area variance of 4.9 ft. for minimum sideyard 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. Fanuele: Can you explain - this is a work session, explain what you want. Applicant: There was a out cropping ofrock lift side of this home and we had to move the foundation over a little bit - went over 3.9' from where it should have been. Ms. Gale: Please state your name for the record. Jim Hanzi Mr. Hanzi: There's no other houses around this house except one - that was built in the 40's - on a common ~ drive - stonewall and tree line and bushes separate us from that other house, power lines on the other side, White Gate Apts. owns property in back and that's it. 7 \....- Mr. Fanuele: Your house is on a slant - one corner too close? Mr. Hanzi: The right side Mr. Fanuele: What's on the other side, does that corner meet specs? Mr. Hanzi: Yes Mr. Fanuele: What's the distance from that on the house from where you need the variance, on the one comer? Mr. Hanzi: You mean the front corner and the back corner? Mr. Fanuele: Is the back comer less than 40' also? Mr. Hanzi: No - a lot more - it's on an angle, so it's the front comer. Mr. Prager: Do you know the distance of the back? Mr. Hanzi: No - I don't know Mr. Prager: By next week will you know? '-" Mr. Hanzi: That's why my engineer should do this, it doesn't state it on the map? Mr. Prager: No, it just states the closets corner, come up here and look. "He's got 35.1 here, where you're short - what I'd like to know a couple of figures - Middle of house to your property line, from this comer to the property line, bring those the next time you come down, find out exactly what you have. That was staked out originally, who decided to move it? Mr. Hanzi: Well, I did, I built the house Mr. Prager: Did you notify anybody you were moving it? Mr. Hanzi: No, well I told my engineer about it - he said go get a variance. Mr. Prager: Did you have an inspection, on the wall when you did this? Mr. Hanzi: The wall? Mr. Prager: Yeah, like when you did the footings and this type of thing? Mr. Hanzi: Oh yeah \....- Mr. Prager: And the footings were not in the proper spacing for the house? 8 Mr. Hanzi: Well we had to dig down all the stakes were gone and everything. '-' Mr. Prager: OK - the stakes for the property line were there though? Mr. Hanzi: The stakes were there originally there for the house. Mr. Prager: How about the stakes for the property line? Mr. Hanzi: Yes Mr. Prager: They were there still there after you dug the foundation? Mr. Hanzi: Yes - in the front and back, but they weren't in the center by the stonewall. Mr. Prager: Was there an inspection - this house is built, I assume? Mr. Hanzi: Yes Mr. Prager: Completely done? Mr. Hanzi: Yes \....- Mr. Prager: Was there an inspection done at any point before it was done - for the distance? Mr. Hanzi: Just the final- the "as built" Mr. Fanuele: This doesn't have any road frontage. Mr. Hanzi: No - it's a common drive - they call it an extension on Ada Dr., but I don't know why that, because I believe it's a right of way thru Carolyn Property, I had a pretty tough time getting the permit. Mr. Fanuele: You did get the permit? Mr. Hanzi: Yes, it too a while, it was last done in the 50's, it took like 5 months to get it cleared up - ifit's cleared up. Mr. Prager: So you're saying there was a rock cropping, would that be on the west side of the house? Mr. Hanzi: Correct Mr. Prager: I'd like to take a look at this. Mr. Hanzi: You want to come back and look, well when we final grade the property, the guy worked another couple of hours and finally got this boulder out, I had him put it up as a retaining wall. \..... Mr. Prager: I'd like to see. Mr. Hanzi: The boulder is there, you can talk to the excavator. 9 . Mr. Fanuele: Saturday - 9:30AM Site Visit Mr. Hanzi: (Gave directions to Ada Dr.) \...- Mr. Fanuele: Set the public hearing for February 27,2001 - do mailings, etc. Mr. Prager: Motioned that ZBA be Lead Agency Mr. Warren: Second All in Favor: All - Aye Next Item: APPEAL NO. 00-7089 MICHAEL J. & NADINE SHEEHAN - Seeking an area variance of 17 ft. 6 in. for 21 foot pool with 12x12 deck, per Section 240-37. Property is located at 12 Lake Drive and is identified as Tax Grid No. 6056-02-244804 in the Town of Wappinger. Made copies of application - This application was not sent to Board Members. Mr. Fanuele: Recounting the layout of property Mrs. Sheehan: I have pictures ~ Mr. Prager: How did we get back that far? Mrs. Sheehan: Backyard is only 50' deep - so set it in the middle, that part of the property widens out as it goes back, so it wasn't on top of the house~ Mr. Fanuele: Are there any questions from the board members, we were out there once - do you want to go back and look at the pool? Mr. diPiemo: As soon as I saw the pictures, I remembered Mr. Fanuele: Set Public Hearing for February 27, 2001 Mr. Prager: Motion to end Zoning Board meeting Mr. diPiemo: Second motion Meeting ended at 8:00 PM \..- 10 . Mr. Fanuele: Saturday - 9:30AM Site Visit ~ Mr. Hanzi: (Gave directions to Ada Dr.) Mr. Fanuele: Set the public hearing for February 27, 2001 - do mailings, etc. Mr. Prager: Motioned that ZBA be Lead Agency Mr. Warren: Second All in Favor: All- Aye Next Item: APPEAL NO. 00-7089 MICHAEL J. & NADINE SHEEHAN - Seeking an area variance of 17 ft. 6 in. for 21 foot pool with 12x12 deck, per Section 240-37. Property is located at 12 Lake Drive and is identified as Tax Grid No. 6056-02-244804 in the Town of Wappinger. Made copies of application - This application was not sent to Board Members. Mr. Fanuele: Recounting the layout of property \..., Mrs. Sheehan: I have pictures Mr. Prager: How did we get back that far? Mrs. Sheehan: Backyard is only 50' deep - so set it in the middle, that part of the property widens out as it goes back, so it wasn't on top of the house~ Mr. Fanuele: Are there any questions from the board members, we were out there once - do you want to go back and look at the pool? Mr. diPierno: As soon as I saw the pictures, I remembered Mr. Fanuele: Set Public Hearing for February 27,2001 Mr. Prager: Motion to end Zoning Board meeting Mr. diPierno: Second motion Meeting ended at 8:00 PM ~ 10 \...- \. ~ . . Respectfully Submitted, ) ~ _ J-I J7J~'&;' D. cyju&- Michelle D. Gale - Secretary Zoning Board of Appeals 11