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2001-06-12 ~ MINUil:S APPROVro Page 1 ,,;.l JUL 2 4 2001 / MINUTES ~ Zoning Board of Appeals June 12, 2001 Summarized Minutes Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present Mr. Lehigh, Mr. Fanuele, Mr. Prager, Mr. diPiemo, Mr. Warren, Chairman Vice Chairman Member Member Member Others Present: Mrs. T. Lukianoff, Zoning Administrator Mrs. M. Gale, Secretary - ZBA SUMMARY ~ Discussions: Anthony & Colleen Savino Site Visit Set 6/16 Public Hearing Set 6/24/01 Gerard & Maureen O'Meara Site Visit Set 6/16 Public Hearing Set 6/24/01 Minutes: April 24, 2001 May 19,2001 Mr. Fanuele: Motioned to Approve Mr. Prager: Second All present voted - Aye APPEAL NO. 01-7095 \... ANTHONY & COLLEEN SA VINO- seeking an area variance for a 20-foot side yard setback from Section 240-37 of the Zoning Law of the Town of Wappinger requiring that a shed be 25 feet from the side yard in an R-40 Zone, therefore requesting a variance of 5 feet. The property is located at 83 DeGarmo Hills Rd. and is identified as Tax Grid No. 6258-02-730992 in the Town of Wappinger. Page 2 \..... Mr. Lehigh: Explain what you want and why. Mrs. Savino: I need five feet - we thought we were in Zone R20 that requires twenty feet from property line, but our neighbor investigated and found we were in Zone R40. We need (instead of moving the shed which is quite heavy) we need over five feet. Mr. Lehigh: Do you have a Building Permit for the shed? Mrs. Savino: We applied for it and it was all right" until I guess my neighbor called and said we were in R40 Zone. Mr. Fanuele: When did you apply for the building permit - sounds like you applied after you put the shed up? ~ Mrs. Savino: I did - because I didn't realize I needed a building permit until after. I ran down two days after I got it and looked on the map showed Zone R20 - requires 20' and that's what we were - I guess they did more extensive looking (my neighbor called) and it shows R40 on another map. Mr. Fanuele: How long have you lived there? Mrs. Savino: Eight years Mr. Lehigh: That neighbor is he on the side where you need the variance of 5'? Mrs. Savino: Yes, I don't have a neighbor on the other side. Mr. diPiemo: Do you have municipal water? Mrs. Savino: No - it's there, but I have a well. Mr. Fanuele: What's between the shed and neighbor's property? Mrs. Savino: Grass \... Mr. Lehigh: No trees, no hilL..? Page 3 \..,., Mrs. Savino: We're set up a little bit on our property and then it's just grass, no trees, where the shed is - there are trees in the back. Mr. Fanuele: But not on the side of the shed? Mrs. Savino: No Mr. Prager: I'm looking at the plot plan here - is it 400' in the back? Mr. Lehigh: Yes that's 400' Mr. Fanuele: How do you know you have 400'? Mrs. Savino: We measured, because we were going to put up a fence and we were going all the way back to the end, maybe it isn't 400' Mr. Prager: At least 100' Mrs. Savino: Maybe 250' Mr. diPiemo: What do you have in the shed? ~ Mrs. Savino: We're using it for storage, winter clothes..it's big - because we're taking our one car garage - my mother-in-law is moving in with us and we're making a room for her, in the garage area, we need the shed to store what we had in the garage. Mr. diPiemo: Do you have a car? Mrs. Savino: Yes, 1 car Mr. diPiemo: So you won't have a garage. Mrs. Savino: No - that's why we wanted the shed so we can have a little storage for our snow blower, stuff like that. Mr. Lehigh: Any questions, it needs screening - we'll take a look at it. I like a motion to have the Zoning Board of Appeals as Lead Agency? Mr. Prager: So moved Mr. Warren: Second '-' All present voted: Aye Page 4 \.... Mr. Lehigh: I think we'll hold the Environmental until we take a look at it. We'd like to come out Saturday and take a look at it. Mark out your side line for us - measurements - 9:30A.M. on Saturday 6/16/01 We'll set Public Hearing for June 19th. Next Item: APPEAL NO. 01-7096 GERARD & MAUREEN O'MEARA seeking a variance for 21-foot rear yard setback from Section 240-37 of the Zoning Law of the Town of Wappinger requiring that the installation of a new pool be 30 feet from the rear yard, therefore seeking a 9' variance. The property is located at 12 GARY PL. and is identified as Tax Grid No. 6258-01-060684 in the Town of Wappinger. Mr. Lehigh: You're both here to tell us what's going on. ~ Mrs. O'Meara: We moved into our house in March, house needed a lot of work - we started doing the work. We had already purchased the pool from Namco. They gave us a list of people to call to put up the pool. This is the second pool - we put up a pool in Poughkeepsie two years ago. We went with the same people who put up that pool - because we got so tied up with getting the house in order - we forgot to go for the building permit - so we called up the person who put up our pool, who is a Town of Wappinger policeman - American Home Pool Builders Roucher Construction. Mr. O'Meara: He's a police officer. Mr. Fanuele: It's in material whether he's a police officer. Mrs. O'Meara: To us, it meant something. We went and called him - 10 days before we were supposed to put the pool up. We said, "we completely forgot to go for the building permit - so should we do that first or .... what should we do?", we asked him. He said no, no you'll never get me, book me now - you won't get me until the end of June - let's put the pool up and then go for the building permit I put in 400 pools a season - he came out, put up the pool- we went for the building permit 2 days later. He didn't put it up right - we called him back and told him we couldn't get a building permit now, because the pool is filled with water and he said there's nothing he could do. \... Mr. Fanuele: You're telling me a policeman told you to ignore the law in the Town of Wappinger? Page 5 '-" Mrs. O'Meara: Yes, I'm telling you that. We called him in good faith and said we did not go for a building permit. He said don't cancel my appointment now- let's put up the pool and then go for building permit. Mr. Fanuele: He put up pools in the Town of Wappinger? Mrs. O'Meara: He said he has. Mr. Fanuele: He knows the Town of Wappinger rules - for setbacks. Mrs. O'Meara: He himself was not the person who put the pool up - his men - there was another cop there. Mr. Prager: Time frame here - when you realized you needed a application for a building permit -how long before? Mrs. O'Meara: About 7 to 10 days. Mr. Prager: You had time to come in - in 7 days at least you could have gotten an application. ~ Mrs. O'Meara: You're right - we went on - he knew what he was doing - that we trusted this man who put up 400 pools a season, he knew what he was doing. When we put up our first pool we did everything by the law. This time we got so sidetracked with moving - this house required so much work. Mr. O'Meara: I was dealing with the guys when they were installing the pool. As far as the work on the house - there's a lot of clean up, I just want to explain a little. When we first moved in there was a lot of stress and duress involved, from the closing of the house, we lost a lot of money - we basically got ripped offby my mortgage broker -I'm just trying to explain the stress. Mrs. O'Meara: It was mouse infested, rats... Mr. O'Meara: What we've done in two and a half months - fixed up property - got a lawn going, I haul branches and bushes to the transfer station every weekend. When they did install the pool- we had the week. We put a pool on our house in Poughkeepsie, it was a bigger pool- done by permit - I was thinking 15 feet - not realizing different zones. I left more than 15 feet on side - I actually thought if I had a problem it would be on the side - I actually got 20 feet on side - if I have 21 feet in the back I would be free and clear. Then when I went for the permit the Zoning Administrator who helped me a lot, explained the problem I was facing. \..... Page 6 \.. Mr. Warren: If this was your first pool I'd understand a lot of it - but since you put up a pool in Poughkeepsie - you followed the rules and regulations, you got the permit - every town and every building you've got zoning - I would assume you would follow the same way you did in Poughkeepsie - you know you're busy working on the house - if it was your first circumstance in putting in a pool- I could understand it - since you already went through the phases in Poughkeepsie - you did that. Mr. Fanuele: How big is the pool? Mr. O'Meara: Eighteen foot round Mrs. O'Meara: We have pictures. Mrs. Gale: I included pictures in the file. Mr. Lehigh: You have a fence across the rear? Mr. O'Meara: Yes, the whole backyard is fenced in. Mr. Lehigh: 9 feet - out of25 feet - that's a very large variance - 30%. \.- Mr. O'Meara: The pool is filled with water, I filled it the same day, I probably should not have filled it. Mr. Prager: I'd like to see Mr. Rocher come in here - let me understand this, for the record - you spoke to him and he said you do not need a permit, try to explain that to me, again. Mr. O'Meara: We didn't speak to him - we spoke to the woman that runs the business - answers the phone. I explained the situation to her. The week before - and we said it to him while he was putting the pool up. Mr. Prager: And what did she say? Mr. O'Meara: You could still put the pool up because if you don't do it now - it would be a much longer wait and she didn't make real clear that you're looking at a lot of trouble if you don't get a permit now. Mr. Warren: So they're basing it on their work schedule to put the pool in versus the law and regulations in the Town of Wappinger. \....- Mrs. O'Meara: We didn't think we were breaking the law, sir, we trusted this Town of Wappinger police officer who puts up 400 pools a season. Ifwe Page 7 '-" didn't call him and say that to him - I'd say we were turning our back on the law _ but we did - in good faith, say to him, that we did not go for a building permit - that we got sidetracked with the house. Mr. Prager: But you spoke to the lady, you did not speak to him personally? Mr. O'Meara: Right, I spoke to the lady... Mrs. O'Meara: Then we spoke to them the day they were putting up the pool. Mr. Prager: And you said the same thing - that you did not have a permit. . . Mrs. O'Meara: And we said - are you sure about where you're putting it? Mr. O'Meara: He said it's usually 15 feet and I knew I had 20 feet on the side I figured ifI'm good on the side - I thought ~he back would be the same variance or not more.... Mr. Prager: I would still like to see this guy in here - explain to him - unless there's a permit, he help you out. \.. Mrs. O'Meara: There's no where to move the pool- expect 4 feet from the house - and that would be right on top of the house - I have three kids that's not. . ... Mr. Prager: So you would have probably put that pool anywhere? Mrs. O'Meara: No - I would not have put a pool up - or we would have put up a IS-foot pool. Mr. Prager: Well, we should se it.. Mr. Lehigh: You want to take a look at it? All: Yes Mr. Lehigh: Site visit at 10:00AM - Saturday, June 16th. Ask that gentleman to be there.. Mrs. O'Meara: We actually asked him. We told him we had no more money, we paid him $650.00 to put the pool up. Mr. Lehigh: Tania, can we force this guy to come here? \..- . . Page 8 \.. Mr. Lehigh: That's what I thought - can we send him a letter and ask him? Mrs. Lukianoff: We could send a letter - I asked my secretary to send letters. Mr. Lehigh: We could ask the attorney..give the address to Michelle to copy the address. We'll set public hearing for June 26th. I'll take a motion to appoint the Zoning Board of Appeals to be Lead Agency. Mr. diPierno: So moved. Mr. Prager: Second All present voted: Aye Mr. Lehigh: We'll hold the environmental statement until later. Mr. Fanuele: Can we hold off the public hearing? Mr. Lehigh: I don't know if we could give the variance (discussion continued to get installer in front of board). \." Mr. O'Meara: He did offer...ifyou have to move the pool, at a price - cut rate price, but on the same tone - he said "don't you ever say anything about suing me". . . Mr. Lehigh: Al Roberts' to send letter, set public hearing for June 26th. Mr. Prager: Motioned to adjourn meeting. Mr. diP~erno: Second All present voted: Aye Meeting ended 8:15PM Respectfully Submitted, '/1 ~.Jdb- 0 c}j~ Michelle D. Gale Secretary - Zoning Board of Appeals ~