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2001-02-27 '-i \r '-' '-' Page 1 Town of Wappinger Zoning Board of Appeals Summarized Minutes February 27,2001 MINUTES APPROVED MAR 2 7 2001 MINUTES Town of Wappinger Zoning Board of Appeals February 27, 2001 Time: 7:30 PM Town Hall 20 Middlebush Rd. Wappinger Falls, NY Members Present: Mr. Fanuele, Vice Chairman Mr. Prager, Member Mr. diPierno,Member Mr. Warren, Member Members Absent: Mr. Lehigh, Chairman Others Present: Mrs. Lukianoff, Zoning Administrator Mrs. Gale, Secretary - ZBA SUMMARIZED Public Hearings: Mr. & Mrs. Sheehan Variance - Granted Annmarie Kozuch (Mr. J. Hanzi representing) Adjourned PH set for 3/27/01 Mr. Prager: Motioned to open Public Hearing Mr. Warren: Second Mr. Fanuele: First Item - Ms. Kozuch did not arrive yet, proceeded to second item on agenda. Page 2 '-" 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. Mrs. Sheehan: Our property is 50 ft. deep - zoning says can't have a pool closer than 40 ft. deep - so we put it right in the middle of the back yard, need a variance of 17ft. 6in. Mr. Fanuele: I understand all the mailings are in order. Mrs. Gale - Yes Mr. diPiemo: The record shows we already done a site visit on this property on a prevIOUS Issue. '-' Mr. Prager: My question is - "how did this come about - did you know it was supposed to be put at 40' - it was put at 22'? Mrs. Sheehan: No - I didn't know it had to be so far from the edge of the property. Mr. Prager: Did you put the pool up? Mr. Sheehan: Yes Mr. Prager: You did the excavating and all? Mr. Sheehan: Yes Mr. Fanuele: Anybody in the audience wish to make any comments for or against this variance? (No response) Mr. Fanuele: Do the board members have any other questions? Mr. diPiemo: The record shows a letter from a neighbor. Mrs. Sheehan: Yes - we didn't have their green card \... " Page 3 \.... Mr, Fanuele: Yes, received letter from a neighbor, but we also received the greed card. Duplicates from Mr. Glass. Mr. diPiemo: The letter shows he states no objections. Mr. Prager: It is a 45% variance - it's high. Mr. Fanuele: The lot depth.. ..plantings in the back? Mr. Sheehan: They grow on our property Mr. Fanuele: This is a very old sub-division, lots are all different shapes and sizes. There's no one else in the audience wish to make any comments? (No response) Mr. Fanuele: Made motion to close Public Hearing Mr. diPiemo: Second Mr. Prager: Made motion for a NEG DEC Mr. Warren: Second '-' All in Favor: All- Aye Mr. Fanuele: I make a motion to grant the variance Mr. Prager: Second Mr. Fanuele: It is an odd ball lot - they have screening around the pool. Roll Call Vote: Mr. Warren - Granted Mr. diPiemo - Granted Mr. Prager - Aye Mr. Fanuele - Aye \... ". Page 4 \.,.. Next Item: Appeal No. 00-7078 ANNMARIE 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. Prager: Made motion to open Public Rearing Mr. Warren: Second All in Favor - All: Aye Mr. Ranzi: We're seeking a variance of 4.9 ft. - the house was moved over - the last time I was here you asked for a copy ofthe permit and a copy ofthe map showing the back part of the house. Mr. Prager: It shows one here, the northeast side ofthe house is 44.6 ft and the southeast side is 35.1 ft., it is a little closer. '-" Mrs. Gale - All mailings came back, we had one that was undeliverable, Sheft owns property that right of way is on, could not locate. Mr. Fanuele: Could you please explain how the house got set in the wrong place? Mr. Ranzi: There was a boulder - remember the boulder that was used as a retaining wall, afterwards - the excavator was unable to move it - so we shifted the foundation and on final grade - busted it out. Mr. Fanuele: Ifit was unable to be busted out - why did you shift the foundation? Mr. Ranzi: The house was already up Mr. Fanuele: The foundation was in, without trying to get the boulder out? Mr. Ranzi: No - he tried getting the boulder out - he couldn't - on final grade, he got it out. I told him to try a little harder, because on that side of the house there's a deck going there, right where it was - so I prompted him a little bit more. Mr. Prager: When you put footings in - did someone come out to inspect the footings or don't they do that anymore? Mr. Ranzi: Yes, they did \-. Page 5 '-" Mr. Prager: Anybody at that time, and I'm not sure Tania - if this is part of the Building Department anymore, they not only check for depth of footings - don't they check for an lot lines anymore.. .do they do that? Mrs. Lukianoff: They want to install that again. Mr. Prager: So it's not in place now? Mrs. Lukianoff: It's not in place now - they want to do an 'As Built' inspection, once the footings are in, so if there's any discrepancies they will not proceed, but that is only something they wish to do. Mr. Prager: We'll talk about that at the meeting. Mr. Fanuele: My biggest problem is the driveway Right of Way, with everyone I called - from Ada Drive down to your house, it's on somebody else's property, and one of the original maps says" I need to obtain approval from the owner, the proof of ownership of Right of Way to be provided to the satisfaction ofthe Town Attorney, including the right to grade on the Right of Way the Building Inspector should verify the existing ROW is accessible, possible the Fire Inspector could look at this, also. Mr. Hanzi: We went through all this in the beginning. '-" Mr. Fanuele: I went through the file, and I couldn't find a letter who owns or has permission to do this, and without that being in the file, you have a violation, other than the variance. Mr. Hanzi: Well let me see if! could remember, I remember going through this, that's why it took 5 or 6 months to get the Permit and.... Mr. Fanuele: You should have something written down. Mr. Hanzi: I don't have anything, I believe the Town has something, can't remember, and it was my girlfriend's lawyer.. . they cleared it up. I wasn't involved with the paperwork at the time. I remember it was a big problem, because it took so long - finally they cleared it up, and they gave us the Permit. Mr. Prager: Annmarie owns the property? Mr. Hanzi: Correct Mr. Prager: You own or she does? Mr. Hanzi: She does '-' ... Page 6 Mr. Prager: Did she just purchase it recently - when? ~ Mr. Hanzi: A year and a half ago Mr. Prager: So there should have been a title search, on something like this. Mr. Hanzi: Yes Mr. Prager: Well, we'll have to see that, but the road bothers me. Mr. Hanzi: I have a question - How come the Town doesn't pave that road? Mr. Prager: That's going to be one of my questions, but not to you. I'm shocked that they allowed you to build on that road, the condition it's in. Is that a town road? (Letter to Highway Superintendent) What is status ofthat road - in front of this property, and how they were allowed to put a house on this driveway. Mr. Fanuele: From the end paved area, down to his house. Mr. Prager: Would like Fire Prevention Bureau to be notified, I know they don't meet until the second Tuesday of the month, they should take a look at this also, I'd like to know who this happened. '-' Mr. Hanzi: I believe they came out in the beginning and looked at this also, that was one of the requirements of getting the permit. Mr. Prager: OK - if that's the case, I'd like to see the letter that approved this road. Mr. Fanuele: That's what on this map also, but looking through the file, I couldn't find anything getting approval for the road... the Building Inspector is fairly new and didn't know the history of it, so we have to rely on the file. Mr. Prager: Don't get me wrong - I'm really thinking of you in this case, because I happen to be with the Fire Dept. and, the condition that driveway is in - in the wrong weather you'd be lucky getting a fire truck through there. So, I hate to see your house bum down, until this is straightened out. Mr. Fanuele: We had two recent fires of houses that were setback in, one on Kent Rd. and one on Old Hopewell Rd., both houses were destroyed, you couldn't get enough equipment down the driveway and this driveway is even longer, and you got a much steeper hill than these houses had. The question you asked - "why don't they pave the road" - we're not sure it is a road and the town does not put the roads - what they do is have the developer put in the roads to the town's specs. and then they turn the roads over to the town. ~ ~ Page 7 '-' Mr. Hanzi: Doesn't the town buy up land from people by the power lines and finish putting roads in? Mr. Prager: That's kind of touchy - I don't think they just arbitrarily do that. Mr. Fanuele: They don't buy up land for roads. If the developer wants to come in and build - he has to put roads in and then they get deeded to the town that's what part of the zoning is - you have to have road footage so you go right from the road to be able to get servIce. Mr. diPierno: What we have to do is find out the status of Ada Drive. Mr. Hanzi: I looked at the map from 1956 and it said extension of Ada Drive. Mr. Prager: Yes - it just shocked me when I saw the road. I'm not even sure whose property that roads in on, ifit's on anyone's property? Does the town own it? Who owns it? Mr. Fanuele: Looking on the map it's on Mr. Sheft's Mr. Prager: That's the guy we couldn't get a hold of? '-" Mr. Hanzi: Right Mr. Prager: I think you ought to get a hold of him Mr. Fanuele: Does he give permission to ride over his property? Mr. Hanzi: I think it was built into the map, deeded for a hundred years. Mr. Prager: I think until we get answers we can't do anything, we'll have to adjourn it until we get those answers. Mr. diPierno: We can't make a judgement on something that's in black and white. Mr. Prager: We have to get a letter to Highway Superintendent - Fire Prevention, try to find the guy who owns this property. Mr. diPierno: Find correct address - he's paying bills. Mr. Fanuele: Mr. Paggi put a comment on his map that proof of ownership, the ROW be provided to the Town Attorney, include him in the mailings. Mr. Hanzi: He's included, I think he gave the final go ahead. '-' '" '-' \..- \.. . Page 8 Mr. Prager: Maybe he has some information on it Mr. Fanuele: Anybody have any questions regarding this? Mr. diPierno: Continue Adjourn PH Mr. Fanuele: When the next meeting in March? Mrs. Gale: March 13th Mr. Prager: Can't do it then, the Fire Prevention Bureau won't have that information until that night - probably the next one. March 27th Mr. diPierno: I make a motion to adjourn this meeting Mr. Prager: Second All in Favor: All- Aye Mr. Prager: Re-opened the meeting - I'd like a letter to the Town Board, problem we keep running into is on a number of these variances, the inspection on footings for either building or housing buildings, any new construction, also on accessory buildings, that at time of inspection of the footings, also the setbacks, distance requirements be also inspected and verified at that time. Mrs. Lukianoff: One thing I see, is that the building inspector contacts me ifhe see something that is significant discrepancies, we're talking more than a foot or two, he would probably not go into the field as much ifit is 5 ft.or 10 ft., he'll look at the plot plan and say "wasn't that supposed to be 1', I think so, it's not and you can verify, he would verify and write a letter. Mr. Fanuele: I would think it depends on the size of the property, this guy's got 3.7 acres and sticks it in one comer, it was very easy to slide it down 5'. Mrs. Lukianoff: Sometimes contractors who will stake out something or the people that stake it out for some reason, one measurement will go wrong, and the other goes wrong. Sometimes it's not even the general contractor who's at fault, it's the subs and you don't catch it until later, in this instance - what is it 3' or something like that - and if you're in the middle of a forest - you'll say "where is that lot line?" \. \...- \.... . Page 9 Mr. Prager: The thing is - it's being caught at the end of the whole thing. Mrs. Lukianoff: It is because you have an 'as built' survey, by a surveyor - in that instance, you have 12.86' - you're getting to very precise... Mr. Prager: I guess we ought to have 'as built' at the beginning, because the footings are the most important thing. Mrs. Lukianoff: This is what Jay Paggi brought up at the meeting. I don't know what the Town Board. . . this will cause a lot of applicants to be concerned, because that will make the project more expensive. Mr. Prager: It also cuts out a lot of aggravation for them at the end when they have to go for a variance. Mr. Warren: It makes it legal. Mr. diPierno: Jay Paggi's comments on this map -"This final plot plan checklist, not followed what so ever". This guy didn't go anything. Mr. Prager: Do we need a second on that letter? Mr. diPierno: Second All in Favor: All - Aye Mr. Fanuele: Motion of close PH Mr. Prager: Motioned Mr. diPierno: Second All in Favor: All- Aye Meeting ended at 8: 15PM Respectfully Submitted, 4~ Os0'~ Michelle D. Gale Secretary - Zoning Board of Appeals