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2001-08-28 MINUTES ~ Zoning Board of Appeals August 28, 2001 Summarized Minutes Members Present Mr. Lehigh, Mr. Fanuele, Mr. diPiemo, Mr. Warren, Chairman Vice Chairman Member Member Absent: Mr. Prager, Member Others Present: Mrs. Lukianoff, Zoning Administrator Mrs. Gale, Secretary MINUl'!S APPAOVI!O SEP 2 5 2001 Page I Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, NY SUMMARY ~ Public Hearings: Robert & Susan Apgar Judi Rossi Paul Post Donald Mazochi Rudolph Monaco Discussions: Anthony Denizard Joan Blutreich Variance Granted Variance Granted Variance Granted Variance Granted Variance Granted w/Conditions Public Hearing 9/11/01 Public Hearing 9/11/01 '-" Page 2 First Item: Public Hearing '-" Appeal No. 01-7098 Robert & Susan Apgar - Seeking two area variances: 1). Requesting 35-foot rear yard setback for installation of a new pool - Section 240-37 District Regulation for R-20 Zoning requires 50 feet from the rear yard, therefore seeking a variance of 15 feet. 2). Requesting 20-foot side yard setback, Section 240-37 requires 25-foot setback, therefore seeking a variance of ~-feet. The property is located at 13 Carmel Heiehts and is identified as Tax Grid No. 6258-04-746219 in the Town of Wappinger. Mr. Lehigh: I need a motion to open the public hearing. Mr. Warren: Motion Mr. diPiemo: Second Mr. Lehigh: All in favor? All present voted - Aye Mr. Lehigh: Mr. Apgar could you explain again, what you're looking for? '-" Mr. Apgar: I'd like to install an inground pool, and the backyard is relatively small, it won't fit there without the variance. Mr. Lehigh: We were out there Saturday to take a look at it. Does anybody have questions? Mr. Fanuele: You purchased an extra piece of property to make your larger? Mr. Apgar: I did a lot realignment, I bought a piece of the lot next to me for that, yes. Mr. Lehigh: Does anybody on the Board have any other comments? Does anybody in the audience have any comments? (N 0 response) Mr. Fanuele: I make a motion to close the public hearing. Mr. Lehigh: I have a motion to close the public hearing. Mr. Warren: Second '-" Mr. Lehigh: All in favor Page 3 All present voted - Aye '-" Mr. Lehigh: I'll need a motion for a NEG DEC? Mr. Fanuele: I make a motion for a NEG DEC. Mr. diPiemo: Second Mr. Lehigh: All in favor All present voted- Aye Mr. Lehigh: Now I need a motion to grant or deny Mr. Fanuele: I make a motion to grant the variance Mr. diPicmo: 1'1\ second Roll Call Vote: Mr. Warren .- Granted Mr. diPiemo - Granted Mr. Fanuele - Yes Mr. Lehigh-Yes '-" Mr. Lehigh: You have your variance to get your pool- I see no other way to do it. Next Item: Appeal No. 01-7099 Judv Rossi - Seeking two area variance: 1). Seeking 12-foot side yard setback Section 240-37 requires 20 feet from the side yard, therefore seeking a variance of 8 feet for a new pool. 2). Seeking 35-foot rear yard setback, Section 240-37 requires 40-foot rear yard setback, therefore seeking a variance of 5-feet. The property is located at 13 NancvAleen Dr. and is identified as Tax Grid No. 6157-02-986840 in the Town of Wappinger. Mr. Lehigh: Could I have a motion to open the public hearing? Mr. diPiemo: So moved Mr. Wan-en: Second Mr. Lehigh: All in Favor '-' All present voted - Aye Page 4 Gail Williams: Applicant will be running late, she had to go to son's school. Is it all right ifI stand in for her? '-' Mr. Fanuele: Yes Mr. Lehigh: We did a visit at this location - I didn't see any other way to do it. There's no other way to do it - even if she put it in compliance, it would be in the wrong location because of the yard. Does anyone have any other comments? Mr. Fanuele: [t would be difficult to get it in compliance because of the setback, because of the lot size. This seems to be the only location, I noticed that there was a fence between you and your neighbor? Ms. Williams: Yes Mr. Fanuele: And that will be maintained? Ms. Williams: Yes Mr. Lehigh: Do I have a motion for NEG DEe? Mr. diPiemo: So moved '-" Mr. Warren: Second Mr. Lehigh: I need a motion to close the public hearing, does anybody have any other comments? (No response) Mr. Fanuele: I motion to close the public hearing Mr. diPiemo: Second Mr. Lehigh: All in favor All present voted -- Aye Mr. Lehigh: [ need a motion to accept. Mr. diPiemo: I make a motion to grant the variance Mr. Warren: Second '-' Page 5 Mr. Lehigh: I have a motion and a second to grant the variance. '--' Mr. Fanuele: With the condition that the fence remain. Roll Call Vote: Mr. Warren-Granted Mr. diPiemo -- Granted Mr. Fanuele Yes Mr. Lehigh- Granted Next Item: Appeal No. 99-7040 Paul Post- Seeking an area variance of Section 240-37 District Regulations for R-20 Zoning requires 20 foot side yard setback. Applicant is proposing a 10 foot setback therefore seeking an area variance of 10 feet to have an above eround pool to remain where it is. The property is located at 20 Beatty Road and is identified as Tax Grid. No. 6358-03-027049 in the Town of Wappinger Mr. Lehigh: I need a motion to open the public hearing Mr. Fanuele: So moved Mr. diPiell1o: Second '--' Mr. Lehigh: This pool is already up and sits here. We have all the mailings in on these. Does anyone have any comments? Mr. Fanuele: On the right hand side - it was hard for me to understand exactly where the property line was, was all that growth on your property? Mr. Post: Yes Mr. Lehigh: Do anybody else in the audience have a comment on this? (No response) Mr. Lehigh: I need a motion for a NEG DEC Mr. Fanuele: I make a motion for a NEG DEC, and a motion to close the public hearing. Mr. Warren: Second Mr. Lehigh: A 11 in favor on the NEG DEe '-" Page 6 All present voted -- Aye '--' Mr. Lehigh: All in favor to close the public hearing Mr. Warren: Second Mr. Lehigh: All in favor All present voted Aye Mr. Lehigh: I need a motion to grant the variance or deny Mr. WalTen: I make a motion to grant the variance Mr. Lehigh: I have a motion to grant, do I have a second Mr. Fanuele: Second Mr. Lehigh: All in favor All present votcd- Aye Roll Call Vote: Mr. Warren - Granted Mr. diPierno-- Granted Mr. Fanuele --- Granted Mr. Lehigh -- Granted '-" Appeal No. 01-7100 Donald Mazochi - Seeking an area variance of Section 240-19A District Regulations for R-20/40 Zoning requires 15,000 sq. ft. Applicant can provide 12,800 sq. ft. thus requesting an area variance of 2.200 SQ. ft. to allow a house to be built. Property is located at 2516 Rt. 9D, and is identified as Tax Grid No. 6157-01-296912 in the Town of Wappinger. Mr. Lehigh: I need a motion to open the public hearing Mr. diPiemo: So moved Mr. Wan-en: Second Mr. Lehigh: All in favor All present voted -- Aye '--' Page 7 '-' Mr. Mazochi: This was recommended by the Town Planning Board, that we seek a variance to move the house and make the other lots, the Town lots.. ...with the Village lots. You were at the site and you could see what I'm dealing with Property could meet zoning but they felt there was a sensitive area by moving the house up on that sensitive area would be a lot better and there would be a lot less f1ll in that respect. Mr. Lehigh: I have no problem, the Planning Board is the one that requested this. We have a letter from the planning board requesting that we grant the variance on this. Does anybody have any questions? Anybody from the audience? Yes- Mr. Lehigh: State you name for the record. \....r Vincent Lopez: As you know, they made the request and then when they came in they came up with a new plan that we did not see. After reviewing the plan with Dan and talking to Jay, I have some requests, that what supposed to be stated and this is my understanding and I'd like to see put into the deed. Mr. Mazochi: Could we have a copy of that? Mr. Lopez: Sure - basically, it says that in the minutes of the meeting it would be - no grading, no excavating, no - there is one note... number 12 says that there would be no fill added and Donald just said there would minimal fill. Mr. Mazochi: Vincent - you would have to put fill.... (some cross talk followed between Mr. Lopez and Mr. Mazochi) Mr. Lehigh: (corrected Mr. Lopez - talk to me.) I'm going to tell Vinny I think you're wrong because you're going to have to go to the Planning Board, we're here only to hear this variance, whether it is going to adversely effect the neighborhood. Mr. Lopez: Ok - I'm trying to say, that they told me that you can't put that in the deed - except the neighborhood, I have a map and what they said at the meeting about no fill, no grading and that..... '-' Mr. Lehigh: You're talking about the Planning Board? Page 8 '-" Mr. Lopez: Yes that's exactly right - I should state that here.... Mr. Lehigh: You can state that here, but..... Mr. Lopez: Now, looking at this map in comparison with their map, their map does not show items that [ show on my map, my map shows there's two streams one in front of my house and a stream behind my house, their map doesn't show that. Also, there's water lies here - there's water lies all around here - I have no objections of them building...... ..they maintain that and it's a lot of work and they're good people, and I have no objection, but I want you to be aware that you're bordering property and the water lies are continually there, it doesn't move the stream is always fulL..... you could look at this map and been approved by another engineer and it goes across a culvert down to Middlebush Rd. across, regardless of what you do that stream, and I got a letter from Jay stating that.... because of the sill and the tilt of the land, there's no pitch - the water's going to lie there, and if the water lies there.....! have a french ditch here which doesn't show his and then you're going to add another swale this lanel is all swamp and if it backs up - it's going to come into my yard, into my house. \.. Mr. Lehigh: Let me say this to you... we have not seen the environmental statement on this because the environmental statement is up to the Planning Board they are the Lead Agency in this case, the only thing we have anything to do with here is- whether we grant him a variance to do it, the way the Planning Board and I'm assuming the Town Engineer was in on this... Mr. Lopez: Yes he was. Mr. Lehigh: Then we're merely following their advise, do you understand what I'm saying? Mr. Lopez: Yes, I was told by the engineer to state that. .. which you have there. Mr. Lehigh: Mr. Lopez: Now if you bring your map up - if you want to enter it in... Yes, I do... Mr. Lehigh: I'd like to see where it's different then this one.... \... Page 9 '-" Mr. Lopez: (brought his map to dais to show the board members, showing his house showing where the stream are) .. ..proposal for parking for the school.. ...now he's proposing another swale and this swale will always be flooded, he's an individual owner and I got a letter from Jay that says the Town will not clean this out because it's all private property and this will remain and this water will back up now, I'm saying - let him build ifthis backs up will the Town take the responsibility ifI get water? If they say yes, fine. Mr. Fanuele: Which way does this stream fall? Mr. Lopez: It doesn't flow -- it lays, it's flat, Jay said that, and I got a letter and here I have a map - that says.. ..(it goes this way, and goes across Middlebush Rd. there's a culvert and I got a letter from Jay, basically Jay said he would not give me a building permit, today ifI were to apply, because basically this is swamp. This water lies here nine out often months this swale is flooded, I'm flooded I cannot mow my lawn nor can Rick.. .mow his lawn). Now you tell me there's not going to be an impact.... Mr. Lehigh: I'm not going to tell you that- what I'm telling you, it's not my responsibility, period. '-' Mr. Lopez: Well, who's is it? Mr. Lehigh: It's the Town Planning Board's job, they're the one that's going grant a building permit on this piece of property, the Zoning Board of Appeals is not going to grant that. Mr. Fanuele: There has to be a building permit issued by Building Dept. Mr. Lopez: And. . . what happens? Mr. Fanuele: He has to put a plot plan together. Mr. Lehigh: What I'm saying is -- your information should go to the Planning Board. Mr. Lopez: I was told to tell you this - and I was told that you would enter for this you would ask questions. The lawyer would be here and that's what I was told by another engineer. . . Mr. Lehigh: There's no lawyer here.. ..the Town lawyer isn't here... ~ Mr. Lopez: And I was at the meeting, they also said there'd be no fill, there'd be no grading. . . Page 10 '-" Mr. Lehigh: Well, they're the one's that do that... Mr. Mazochi: It's not stable.. ..the plans aren't finished. Mr. Lehigh: They don't have an ok. Mr. Gardell: They don't have an ok - the only thing we're trying to do is to rearrange the lot. Mr. Mazochi: We have new plans that are in the process of taking care of that drain - Mr. Gardell, my engineer here, have gone over that numerous times, we're well aware of the schools' dilemma - I find it very ironic that everybody drains their properties onto this particular piece of property and it's ok - now I have to take care of the other property, the school arranges their property and changes their parking lot and drains it down to this property, the road drains onto this property, now it's become my problem, and we're addressing that Issue. '-' Mr. Lehigh: As I said before, the only thing we are interested in is granting a variance so that the lot can be changed to the configuration that the Planning Board requested, because we don't have anything to do with, other than granting you a variance, that's the only thing you're in front of us for. Mr. Mazochi: We're here because of their request. Mr. Gardell: (Eric Gardell - the engineer) The purpose of the variance is to allow the house to be moved to the west - 15 feet, so it would be a little bit higher a little bit further away from the stream, that's what the Planning Board would like to see - to get as far away from that area as possible. Also, there will be an indication on the plan that there's to be no filling, east of the house, at all. (Mr. Mazochi - "in that particular area"). down towards the stream, and also it's not that flat across the property there's a percent and a half grade across the property the reason it's flooding is because that ditch is filled, it has debris in it and that's the reason the water backs up. Mr. Lehigh: Anybody else? '--' Page 11 '-" Audience member: My name is Cindy Litano and I have property on Adams St. .. .I'm more concerned about future subdivisions - when we purchased our house, we assumed it would remain a dead end street and with the building of this house, it will open it up we're concerned with subsequent.. ..will variances be allowed for additional property that might be owned by somebody behind us? Mr. Lehigh: It's private propel1y - anybody has a right to develop their property we can't issue a variance or lell you what you can do on your property. Mr. Fanuele: You live on Adams St? Ms. Litano: Yes Mr. Fanuele: With his house there, that's ending the street there's no other way to go to his house. '-" Ms. Litano: I just want to make sure that there wouldn't be - actually you could come in off of South Ave. to go into his street. Mr. Mazochi: No, because it would be two different parcels. Mr. Fanuele: You mean from the parcel that's been sub-divided off? Ms. Litano: I'm not sure and I would like to have it clarified. Mr. Lehigh: The best I could give you is a guess. Anybody else in the audience? (No response) Mr. Lehigh: I need a motion for a NEG DEe. Actually, the Planning Board is controlling the environmental statement, so we won't do anything with that. \..... Page 12 \..,., Mr. Fanuele: We're acting here on an applicant's subdivision - when you go to build on it, you still have to go to the building inspector, need the plot plan - the Planning Board issued the subdivision and the notes you want on that, they should be addressed to the Planning Board, so when they issue the subdivision (if they approve it), they could be included, by us granting the variance, it moves the house further away from the wet area so it's less of an impact then, we're trying minimize the impact. Mr. Lehigh: And it puts you back within the prerogative of the Planning Board, he has to go back to the Planning Board to get his approvals. I need a motion to close the public hearing. Mr. diPiemo: So moved Mr. Warren: Second Mr. Lehigh: All in favor All present voted Aye '-" Mr. diPiemo: I motion to grant the variance as per the recommendation of the Planning Board. Mr. Fanuele: Second Roll Call vote: Mr. Warren ~ Granted Mr. diPiemo - Granted Mr. Fanuele - Granted Mr. Lehigh - Granted \..,... Page 13 '-' Next Item: Appeal No. 01- 7 ] 01 Rudolph Monaco - Seeking an area variance of Section 240-37 of District Regulations for R-20 Zoning requires a 10ft. rear yard setback. Applicant is proposing a 5 Yz ft. rear yard setback. therefore requesting an area variance of 4 Yz feet for existing pool shed to remain where it is. The property is located at 3 Beatty Road and is identified as Tax Grid No. 6258-04-998127 in the Town of Wappinger. Mr. Lehigh: I need a motion to open the Public Hearing. Mr. Warren: I motion to open the public hearing Mr. diPiemo: Second Mr. Lehigh: All in favor All present voted Aye \...- Mr. Lehigh: You have a wooden shed in the back yard which contains your pump and so forth for your pool. That's what is was built for and that was built before you occupied the property. You have the CO on the pool. Any questions, gentlemen? Mr. Fanuele: The requirements for distance between the shed and the other persons property, just so it can be cleaned for the variance to be granted. Mr. Monaco: There's no problem with that. Mr. Fanuele: The only problem I saw was - the shed could be painted, dressed up a bit - because it faces the other people's property. Mr. Monaco: I'm in the throws now of selling that house, I've taken care of that property for eleven years. That shed was painted about seven years ago, it's right in the sun, it's getting direct sun - which causes the paint to dry up. Mr. diPiemo: You have a purchase offer on that house already? Mr. Monaco: Yes, definitely. Mr. diPierno: Y Oll 're in contract? \....- Mr. Monaco: Yes Page 14 '-' Mr. Fanuele: I would like to see the back ofthe shed area cleaned up and paint the back 0 f the shed. Mr. Monaco: Well, let me ask you- what do you mean by cleaning up? Mr. Fanuele: I \vould clean up the brushes and paint the back of the shed. Mr. Monaco: That also present a problem - and that problem is, you have a chain link fence going along, I could paint probably the top half. Mr. Fanuele: whose fence is it? Mr. Monaco: It's mine Mr. Fanuele: That's the problem - by granting the variance, it cannot be cleaned up and painted. Mr. Monaco: Well, maybe a younger person that's thinner than me might be able to get in there - or they could take that chain link fence down temporarily, paint the back of the shed and then put it back. '-" Mr. Lehigh: I think what he's trying to say is - he'd like to see you do that, before you sell the property that way we know it's taken care of. Mr. Fanuele: Before we grant the variance. Mr. Lehigh: It wouldn't take that much to do that. Mr. Monaco: No - I understand what you're saying. Mr. Lehigh: I think it's a reasonable request, the roof on that isn't in all that great shape ei ther. Mr. Monaco: When you're selling a piece of property that's been around for a number of years. it's not new, it's in good shape, it won't fall down that's for sure. Mr. Fanuele: I think that would be the next step - if we grant you a variance you have to get a building permit and the inspector will corne out and inspect the shed and you woulcllook at how strong the structure is, is that correct? Mr. Lehigh: And they're going to go out after we grant the variance and do an electrical inspection. He has to have that. '-" Page 15 '-" Mrs. Lukianoff: The electrical inspection has already been on the pool- that's what's in the shed. It's the electrical for the pool. So that has already been inspected. When the inspector's doing the CO prior to the CO will be the shed itself, not the electrical, because the electrical has already been look at. Mr. Monaco: Can I interrupt a minute - this gentlemen over here, Mr. Leonard Houle who abutts my property on the back half of that shed, ifhe had a complaint about it. Mr. Lehigh: We're not saying anybody's got a complaint about it - we're making a complaint to you. Mrs. Monaco: Why don't you paint the shed - you did everything else. Mr. Monaco: I'll do as good a job as I can - which is usually as good as anybody else could do. Mr. Lehigh: Good is there anybody else who wants to speak? Audience member: '-' Elizabeth Hendrick one of the neighbors. I just wanted assurances that this would have no future impact on my property on the resale value or anything I do in my yard? Mr. Lehigh: I can't see how it would. Ms. Hendrick: Ifit is taken down...ifand when it's taken down.... Mr. Lehigh: Ifhc gets a variance - he doesn't want it taken down. Ms. Hendrick: In the future, if and when it's taken down, would he have to have a building pem1it then? Mr. Fanuele: If takes the shed down, and later on they want to rebuild the shed, he would have to get a building permit and depends where he locating the shed, he might need a variance, so they would have to go through the same process as he's going through now. Mr. Lehigh: The variance is for the location of the shed. Not for the way it's constructed, or what's in it - just the location. Ms. Hendrick: In case he wanted to expand it? '-' Page 16 '-' Mr. Lehigh: Ifhe wants to expand it or change it he would have to come in for another variance. Ms. Hendrick: Essentially it has no impact on me - except visually. Mr. Lehigh: Right Mr. Fanuele: Where do you live? Ms. Hendrick: I'm on Edgehill Drive, the first hOllse on Beatty, I'm next to it and my yard extends down the length of the two houses. Mr. Lehigh: Anybody else? I need a motion for a NEG DEe Mr. diPierno: So moved Mr. Warren: Second Mr. Lehigh: All in favor All present voted-Aye '-" Mr. Lehigh: I need a motion to close the public hearing Mr. Fanuele: So moved Mr. WalTen: Second Mr. Lehigh: All in favor All present voted - Aye Mr. Lehigh: Do I have a motion? Mr. Fanuele: I want to grant the variance with the condition that - the back of the shed between the shed and the property line be cleaned up and the shed itself be painted. Mr. WalTen: Second '-" Roll call vote: Mr. Warren - Granted Mr. diPiemo - Granted Mr. Fanuele - Yes Mr. Lehigh - Yes Page 17 '-" Mr. Fanucle: You still have to go for the building permit.... Mr. Monaco: I should paint it before the building inspector comes out? Mr. Fanuele: Should the building inspector come down and look at it, see the structural see how sound it is, before he paints it? Mrs. Lukianoff: He certainly does Mr. Fanuele: You might want to invite him down before - he might have some more conditions, have him give a pre-inspection of the shed. Next Item: '-' Appeal No. 01-7102 Anthonv Denizard --- Seeking an area variance of Section 240-37 District Regulation for R-20/40 Zoning. Whereas a 10 foot side yard setback is required, the applicants are proposing a 6 foot side yard set back in order to construct a 12'x 16' wood shed, therefore requesting a variance of 4 feet. Property is located on 8 Osborne Hill Rd. and is identified as Tax Grid 6157-04-593083 in the Town of Wappinger. Mr. Lehigh: Can you state, for the record - why you need this? Mr. Denizard: We purchased the house in 1994, I have the original bank appraisal receipt from the building department and a letter from Thomas Clancy, the Building Inspector, dated March 24, 1994. At that time, I'm hoping this paperwork will prove, there was a pool and shed in the back yard. The beginning of this year we went to do a re-finance, when we did the re-finance, of course I've got to go through the inspection process again, because it's a different bank - at which point a new inspector came out and said "there's no CO on this pool and the shed", now I took the summer, I got the pool taken care of, that's done, but the shed from what I understand when I measured, was 6 foot from the fence and then I got the denial letter, because it said it required 10 feet, there was a shed there when we purchased the house. Mr. Lehigh: There's a shed there now? Mr. Denizard: Yes, same spot, same place, everything is the same, the only difference is.... '-" Page 18 Mr. Lehigh: It's not a new shed? ~ Mr. Denizard: The difference is from then to now is - I cleaned up and I repaired a lot of stuff, so is it new - no - is it repaired heavily - yes, we wanted to make It look nice, everything was fal1ing apart. Mr. Lehigh: Repair is one thing, should be able to tell the difference, there's got to be something orthe original shed, still there to repair - we shouldn't have any problem "vith that. Did you give copies of that? Mr. Denizard: No I didn't - I asked when I was in they said this wasn't needed, I thought of bringing it anyway, to show you that this was the original, I brought the whole package, this is the original appraisal, on the bottom it shows a shed and a pool being back there, this was the receipt...... Mr. Lehigh: I don't see a date on there. Mr. Denizard: This is dated March 24, 1994, received from the Building Inspector's office and this a letter that states there are no violations of record, signed by the Building Inspector at that time. Mr. Fanuele: Could you walk around your shed? '-' Mr. Denizard: Yes, as a matter of fact, I have to clean it up when you come out there. Mr. Lehigh: Could you make copies of all this, and make that part of the record, because I think it should weigh heavily on this decision, because it appears you have everything but the variance and the CO, you never had a CO for it, right? Mr. Denizard: According to this, which..... Mr. Lehigh: That's the owner's certificate, the CO is a regular certificate, right? Mr. Denizard: I couldn't find it, I've got..... Mr. Lehigh: That's not really your fault, because you've got paperwork from the Town, they just never sent you a CO on it, on the shed. I don't know if we should even go out on this? Did they issue a CO or what? '--' Page 19 ~ Mrs. Lukianoff: Well, I'm not questioning the information that he has, it could be the original received a building permit... .No it says, for a search, ok this is a CO search, but it doesn't....I must also say, because usually what they do, in the past, they just looked in the files, now what they do is, the inspector go out and see ifthere's anything there. Mr. Denizard: So what you're saying is there could have been physically, no inspector that came to the house. I believe they were supposed to do an inspection and they stopped it.. .. Mrs. Lukianoff: That's correct- this is just a receipt that there was a CO search done. Mr. Lehigh: Don't they charge for those searches? Mrs. Lukianoff: They do. Mr. Lehigh: To me it seems a little ridiculous for us to charge him $35.00 for us to do the same thing all over again and issue him a variance. '-" Mrs. Lukianoff: Whenever we get a violation letter, that means the current girl who does the CO searches, she searches the grid there is no back up document there. Otherwise you would not have been asked to apply for a building permit, the bu ilding peml i t is denied, the fact that it doesn't meet the set back requirement, and that's why we're here Mr. Denizard: I had to pay a hundred and something dollars in fines. Mrs. Lukianoff: ]n retro fees? Mr. Denizard: I guess, she said something about because I didn't pay property tax on it since 1994, in the case of the pool because.... (At this point tape was tumed over, after reviewing the tape, and this was noted at the meeting - my tape was not functioning normally - totally inaudible ). From my notes: Mr. Denizard: In 1994 inspections were done differently. Mrs. Lukianoff: The applicant provides a plot plan, the Building Inspector checks on these. '-" Page 20 Mr. Lehigh: Set site inspection for Saturday, Sept. 1 sl at 9:00AM '-' Mr. Denizard: The fi nal CO last week on the pool. Mr. Lehigh: Need a motion for Lead Agency. Mr. Warren: So moved Mr. diPierno: Second Mr. Lehigh: All in Cavor All present voted Aye Mr. Lehigh: Set public hearing for Sept. 11111 Next Item: '-' Appeal No. 01-7103 Joan Blutreich- Seeking an area variance of Section 240-37 District Regulations for R-20 Zoning. Where as a 35 foot front setback from road is required, the applicants are proposing a 30 foot setback therefore requesting a 5-foot variance to have an existing garage remain where it is. The property is located at 1 Sky Top Dr. and is identified as Tax Grid No. 6056-01-259875 in the Town of Wappinger. (Following transcribed from notes). Ms. Blutreich: The garage has been existing since 1984-1985, bought in 1989 search missed three car garage. Is it possible inspector never came to see it? - Electric inspection is up to code- no complaints. Mr. Lehigh: Was a title search done? Mr. Fanuele: The title company missed.. .Abstract company... Ms. Blutreich: Pool was removed. Mr. diPierno: This was an above ground pool? Mr. Lehigh: Need a motion for Lead Agency. Mr. diPierno: So moved '-' J Mr. Warren: Second '-" Mr. Lehigh: All in favor All present voted Ave Mr. Lehigh: Hold the NEG DEe and environment statement untillater. Set site inspection for 9:30 -- Saturday, Sept. ] st. Set public hearing for Sept. ] I tho Need motion to adjourn meeting Mr. diPierno: Motioned Mr. Warren: Second Mr. Lehigh: All in favor All present voted Aye Meeting ended at 8:30PM '-" Respectfully Submitted, ~~)~~ D ')!/aA Michelle D. Gale Secretary - Zoning Board of Appeals ~ Page 21