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2001-09-25 ~ ~ Zoning Board of Appeals September 25, 2001 Summarized Minutes Members Present Mr. Lehigh, Mr. Fanuele, Mr. diPierno, Mr. Prager, Mr. Warren, Page 1 of 12 MINUTES Chairman Vice Chairman Member Member Member Others Present: Mrs. Lukianoff, Zoning Administrator Mrs. Gale, Secretary MINUTES APPROVED O I"'T 2 " . l. I (> 2001 Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, NY '-'" PUBLIC HEARINGS: DISCUSSION: SUMMARY Anthony Denizard Joan Blutreich Richard Longenberger Variance Granted w/Condition Adj. Public Hearing Set Public Hearing 10/9 Minutes Approved: August 14,2001 August 28, 2001 Site Visit Minutes: August 4, 2001 August 18,2001 Motion to Approved - Mr. Fanuele Second - Mr. diPierno All present voted - Aye ~ Page 2 of 12 Mr. Lehigh: First Item '-' Appeal No. 01-7102 Anthony 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: The Zoning Board of Appeals has been appointed Lead Agency. I need a motion to open the public hearing. Mr. Prager: So moved Mr. Warren: Second All in favor All present voted - Aye ~ Mr. Denizard: You gentlemen had the opportunity to come and visit, the first thing 1'd like to note is the paperwork says I'm looking for a four foot variance when in actuality it's six foot, but the Southern Dutchess does have the correct information posted, the letters went out appropriately. I did speak with Fascati's to determine if you remember, there was on one side fence set back four feet from the shed on the other side, there was a post six feet with the fence starting down from that end, there are two fences 'there, but when you pull the leaves back, I think the four foot one is the proper one, we're pretty sure. The situation here is when we purchased the house in 1994, from what I understand it was the building department responsibility to actually do a physical check although, I guess the . Administrator's policy in '94 was not to - and when they sent out an approval which all of you should have a copy of, that said there was no violations on the property, it allowed the sale of the property to go through, so we bought it with the shed and the pool, I know we're not here about the pool but, the reason I'm bringing this up is when we went to refinance, at the beginning of this year, that same shed and pool came up, because now the administration is making the physical inspections that in 1994 the banks still required to know that first of all, there was no lean on the property, second of all, they had to send a bank appraiser to know the amount of the financing was the proper and that there was supposed to be a physical inspection for a certificate of occupancy. I refinanced, the inspector came out, I got hit with these two items - the shed and the pool because the pool didn't need a variance, the shed was not so easy, because as you know it requires 10 feet and you know I have four. What is in front of the shed, if you would need to be, which means that tree would have to come down and on the other side, that the tree is not - is the distribution box for the septic tank, that '-' Page 3 of 12 '-' Mr. Denizard - Cont'd. would either have to be moved, or I'd have to get a back hoe in and grade further down and then lift the shed up, put it on rollers - move it down and then move it forward. Either way you put it - would have to be a large undertaking, unless you grant the variance. Mr. Lehigh: Well we were there and looked at it and saw your problems, and would agree that we don't really see another place to put the shed. Does anybody have any questions? Mr. Prager: The only thing I would like to see, you said you had a form there that said everything.... Mr. Denizard: The one from 1994? Mr. Prager: I don't have a copy. Mrs. Gale: I had made copies for the discussion phase, I should have sent you one. Mr. Lehigh: No other question. Mr. Prager: We've seen it, we know what it looks like. '-" Mr. Lehigh: I need a motion for a NEG DEe Mr. Fanuele: So moved Mr. Prager: Second Mr. Lehigh: All in favor All present voted - Aye Mr. Lehigh: I need a motion to close the public hearing. Mr. Prager: Motion to close the public hearing Mr. Fanuele: Second Mrs. Lukianoff: In other words, the original plot plan that Mr. Denizard submitted, is not going to be amended? Because in the original plot plan they're asking for a six foot setback, now it's going to be four, from what I see, this should be shown as amended on the permit application for that form. '-' Page 4 of 12 '-' Mr. Denizard: We did call, we did get this resolved and the reason we know this, in order to get this resolved before this hearing, your office amended the paperwork that was to go to the Southern Dutchess News, here is a copy of the clipping. Mrs. Lukianoff: No - that's not what I mean, I mean the Building Permit application itself, because that is your signature and that was the original application, you didn't revise that? Mr. Denizard: No Mrs. Lukianoff: I would appreciate if you revise that and initial the page. Mr. Denizard: OK Mr. Lehigh: Does anybody else have any questions? Motion to close the public hearing Mr. Fanuele: I make a motion to close the public hearing Mr. Warren: Second '-' All in favor? All present voted - Aye Mr. Fanuele: I make a motion 'to grant the variance, with the condition that the area between the shed and the fence be kept clean. Mr. Warren: Second Mr. Lehigh: Roll Call vote Mr. Warren - Granted Mr. diPierno - Granted Mr. Prager - Granted Mr. Fanuele - Granted Mr. Lehigh - Granted \.... Page 5 of 12 Next Item: '-" Appeal No. 01-7103 Joan B1utreich - 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 existin2. 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. Mr. Lehigh: Can I have a motion to open the public hearing Mr. Prager: So moved Mr. Warren: Second All in favor All present voted ~ Aye Mr. Lehigh: The Town of Wappinger Zoning Board of Appeals has been designated Lead Agency in this matter. I see you have some additional information. '-" Ms. Blutreich: I did some home work and this all I came up with. and Tania did help me with seeing where my property line starts, which is 18 feet from the paved road and the paved road is only 21 feet wide, so it's a small paved road now what's interesting i~ - I spoke to Mrs. Riggs who is my neighbor, the closest neighbor to my side and she was there forty-two years which is a long time. and she filled some of the void for me, she remembers a one car garage always since she's been there, now my hunch is - when I looked in the rafters inside the one car garage that she's referring to is the first one - the closest to the road .. and they added to that, the two bays was added later on, at which time (that's my thinking) they poured the concrete to all three bays at the same time, I think originally it was a dirt floor, but the rafters are very old, but they're sturdy they're quite old...1 don't know, would that fall under the grandfather law? or when you add something, it sort of negates it? Mr. Lehigh: There's no grandfather clause on it. Ms. Blutreich: No - I wasn't sure, because it pre-dates zoning. Mr. Lehigh: It would be strictly non-confom1ing and you only can make non-confoDning less non-conforming. '-' Mr. Prager: Who knows when that was added on. Page 6 of 12 Ms. Blutreich: It was added on in 1984-86, between that...... '-' Mr. Prager: You said you're 29 feet 3 inches from paved road. Ms. Blutreich: Which means I'm only 11 feet 3 inches from my property line Mr. Fanuele: You need a 24-foot variance. Mr. Prager: That's what it sounds like, you can provide 11 feet 3 inches Ms. Blutreich: That's a 24-foot variance?. Mr. Lehigh: That a large, large variance. Ms. Blutreich: It's been there for years, ever since 1960-62, it's always been there. Mr. Lehigh: Does anybody have any other questions? Mr. Fanuele: The only question I have - on this sheet that was given to us survey map of your property, it doesn't show the garage. ~ Ms. Blutreich: I know it doesn't, they missed it the first time, and they missed it the second time. I've done my homework, I don't know what else to do. Mr. Prager: The shed that's mentioned on this plot plan - is that still there? Ms. Blutreich: Yes Mr. Fanuele: According to the map - you need a variance on your house. Ms. Blutreich: It was pre-zoning. Mr. Fanuele: Could we interpret that as the side of the house. Mrs. Lukianoff: I don't think that gives you any benefit, I looked at it that \\ay as well, she would still then be non-conforming in terms of the rear setback. so at the time of initial dimensions, it seemed more advantageous to look at it as facing onto 1 Sky Top. ~ Mr. Lehigh: The neighbor has been there forty-two years and could testify to that there was a one car garage there all that time, and that's the only thing we're addressing, right now, she would probably testify that the house set in same place and they're both just non-conforming. Page 7 of 12 '-" Ms. Blutreich: The house was the first house in the area. Mrs. Lukianoff: Now - is the bay that has been there - the one car garage is that the one closest to the road? Mr. Lehigh: Yes Mrs. Lukianoff: Then basically you're dealing with the setback for the additional two bays, rather than.. .even though they've been made one. Mr. Lehigh: The other two bays would probably conform. Mr. Prager: I don't see that garage on this drawing, but I see that little shed that's there.. ..how could put that shed there and not the garage. Ms. Blutreich: When they did the inspection, the put the pool, they put the shed, they didn't put the three car garage Mr. Prager: When was the pool...? Ms. Blutreich: The pool was before - the previous owner it has a CO. ~ Mr. Lehigh: Weill don't think the neighbor that's been there forty-two years it pre-existed zoning, and if she's willing to testify here. Mr. Prager: Yes - that would be fine Mr. Lehigh: I think that's really what we should do. I think we should adjourn this have the neighbor come in and give sworn testimony, that the house and the garage are in the same spot and allow her to keep it under non-conforming, I don't think she needs a variance, it's just non-conforming. Mr. Fanuele: The first bay is 11 feet from the road, and about 10 foot wide. Mr. Prager: How big is the first bay? Ms. Blutreich: Wide -I think it's (I did the math), it was 195 inches. so it's about eight feet, it's smaller than that. Mr. Prager: It's still closer to the road than it should be. '-' Mr. Fanuele: You still need a 15 foot variance, for the additional t\\O car garage, the first part was there, the second part was put in 1984, can I make the second part an extension to the garage? Page 8 of 12 '-' Mr. Lehigh: I don't think so, I think you're going to have to take once it's been added on to - you're going to have to consider the whole building, the whole structure. Really the thing I think we should find out - is this lady willing to testify. Ms, Blutreich: I talked to her - I haven't seen her a lot has transpired this last month. Let me speak to her, does she have to come to a meeting. Mr. Lehigh: We'd like her to come here, to a Zoning Board meeting and testify to the fact, that she knows that garage (the one bay garage) and the house has been there the forty-two years she's been there - that pre-dates zoning, that makes it non-conforming. Then you don't have a problem with anything. The only thing non-conforming means, if it bums down or something happens - you could mo\'e it to make it conforming - then you should do that. Ms, Blutreich: I definitely will. Mrs.Lukianoff: You can't use the same footprint. '-' Mr. Lehigh: Right - you're allowed to sell it - do what ever you want with it. We'll adjourn this until October 9th - and ifshe can't possibly come in if you could get a sworn statement, notarized, I need a motion to temporary adjournment. Mr. diPierno: So moved Mr. Prager: Second All in favor All present voted - Aye '-' Page 9 of 12 \.r Next Item - for Discussion Appeal No. 01-7104 Mr. & Mrs. Richard Loneenberger - Seeking an area variance of Section 240-37 of District Regulations for R-40 Zoning. Whereas 25 foot side yard setback is required. the applicants are proposing a side yard setback of 20 feet, therefore requestine a 5-foot variance to construct a 13' x 14' home office with heat and electric. The property is located at 76 Brothers Road and is identified as Tax Grid No. 6258-04-995268 in the Town of Wappinger. Mr. Lehigh: This is strictly a workshop, we probably want to come out and take a look at your property, see what you're doing, explain what you're doing and why you want to do it. Mr. Longenberger: The house here is non-conforming it's 12.2 ft. from the front corner, you could see it on the plan, I think the survey should be attached to the site plan. What I'm doing is an addition, just rear of that corner - I've tried to bring it in as far as I could, but there's a septic tank that falls into the issue. so 1 could only slide it over so far. ~ Mr. Lehigh: This addition is the one on the right here as you look at it? Mr. Longenberger: If you were standing in the road, yes it would be on the right hand side of the house, in the back. Mr. Lehigh: You're not joining that to the deck. Mr. Longenberger: Yes, it will be joined to the deck, the deck will butt up to both .. additions. Mr. Lehigh: It looked like I saw a septic in there, in the middle... Mr. Longenberger: The septic is about 11 feet out from the house, and about 2 feet off the addition. Mr. Lehigh: So you have an addition and a deck on already, right? Mr. Longenberger: No, there's nothing back there, the enclosed deck that was there was against code - I had to tear it down. Mr. Lehigh: So the addition on the left, the deck and the addition on the right - nothing is there? ~ Page 10 of 12 \.... Mr. Longenberger: No, I was already granted the permit for the additiol\ on the left, and 1 wasn't going to go ahead with the deck until I knew what was going on with the addition on the right. Mr. Lehigh: So the only one that needs a variance - is the one on the right? Mr. Longenberger: Yes - the structure on the right is the only one. Mr. diPierno: What kind of house is this? Mr. Longenberger: It's a raised ranch. Mr. diPierno: Is the addition going to be one floor or two? Mr. Longenberger: The addition on the right will have a slab belo\\ and enclosed, the addition on the left is open underneath. I had to leave it open because there's windows I'd be covering up and it wouldn't look right. Mr. Lehigh: It says office space, what type of office? Mr. Longenberger: My wife is a teacher and John Jay and she has a computer. \..r Mr. Prager: Basically, it's a home office. Mr. Fanuele: When was the house built? Mr. Longenberger: In 1963. Mr. Lehigh: Will be deck be open? Mr. Longenberger: The deck will be open. Mr. Lehigh: Are you going to have a walkway to the additions into the house or just to the deck? Mr. Longenberger: There will be all sliders from each addition to the deck. Mr. Lehigh: And from the additions into the house, also? Mr. Longenberger: The left side addition, there's a slider there that was to the deck that was illegal and the right side addition, I had a header replaced, there was a window. \... Mr. Lehigh: Any additional questions? Page 11 of 12 \.... Mr. Fanuele: Is this a bottom lot, that's why the house was put way over on one side? Mr. Longenberger: Yes, its' also low because there's vains of rock that were it's actually sitting half to the side on grade on solid rock. Mr. Lehigh: Do have a variance on that? Mr. Longenberger: With the house? Mr. Lehigh: It's non-conforming Mr. Longenberger: The only thing I was hit for when I bought it, was the illegal deck. Mr. Prager: You don't know that house by any chance? Mr. Longenberger: No - but, structurally they did a pretty good job but there were some things like, there was no insulation in the house the way they put it on the lot was weird. '-' Mr. Lehigh: I'd like to motion for Lead Agency. Mr. diPierno: So moved Mr. Prager: Second All in favor . All pre'sent voted - Aye '-' Page 12 of 12 '-' Mr. Lehigh: We'll do the NEG DEe when we have the public hearing, take a look at it Saturday? We'll be out to take a look at it Saturday at 9:00AM - stake it out where you're going to put it, so we know. We'll set the public hearing for October 9th. Mr. diPierno: Motion to adjourn Mr. Prager: Second All in favor All present voted - Aye Meeting ended at 8:00PM '-' Respectfully Submitted, ,'.<. rJ i,J1 Jill(' / ,1/1, I r;J I, y< /' ).~ Ii I ;/ II (J t,. . '/ "--/." J./ ./.....\,__ . Michelle D. Gale Secretary - Zoning Board of Appeals '-"