Loading...
2001-10-23 \.,. '-' ......... Zoning Board of Appeals October 23, 2001 Summarized Minutes .' Members Present Mr. Lehigh, Mr. Fanuele, Mr. diPiemo, Mr. Prager, Mr. Warren, MINUTES Chairman Vice Chairman Member Member Member Others Present: Mrs. Lukianoff, Zoning Administrator Mrs. Gale, Secretary fv!r(\!UT!:S APPROV~D Page I NOV 1 3 2001 Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, NY DISCUSSIONS: SUMMARY M. Matuskovic G. Smith 1. McCarthy W. Parsons Set PH for 11/13/01 Set PH for 11/13/01 (try to move shed) Will set PH after Planning Board Decision Minutes Approved: September 25, 2001 October 9,2001 September 29,2001 (Site Visits) Motion to Approve: Mr. Fanuele Second Motion: Mr. diPiemo All in favor - All- Aye Page 2 ~ APPEAL No. 01-7105 Michael Matuskovic - Seeking an area variance of Section 240-37 of District Regulations for R-40 Zoning. Whereas a 25-foot side year setback is required, the applicant is proposing a 19-foot side vard setback in order to construct a 352 SQ. ft. open wood deck. thus requesting a variance of 6-feet. The property is located on 83 Smith Crossin~ Rd. and is identified as Tax Grid No. 6259-02-976692 in the Town of Wappinger. Mr. Lehigh: Come forward and explain what you are looking for. Mr. Matuskovic: The only reason I need to go that way, because I have two septic the other way - there's no other way to do it, in don't go that way the deck will be an 8- foot deck. Mr. Lehigh: It looks like rather a large deck, with 352 sq. ft. Mr. Prager: Is there any way to make it a little narrower? Mr. Matuskovic: In make it any narrower, it makes no sense to make that narrow, I might as well make it the same size of the house, because you're going to have an 10- foot by 12- foot deck? I would go the other way but my septic tanks are there. '-' Mr. Fanuele: You mention septic tanks, but on your drawings, you didn't indicate where it is. Mr. Matuskovic: They're not on there? I can show you where they are. (Mr. Matuskovic went up to the dais and showed the Board on the maps where the septic tanks were located - explaining why he could only go the way he proposed). Mr. Lehigh: One's a septic tank, what is the other one? Mr. Matuskovic: It's a pump up system - one over flows to the other one, and they're two - one thousand-gallon tanks. Mr. Lehigh: I think we better take a look at this one. Mr. Prager: I know it's only a little over half of an acre, how long have you owned the house? Mr. Matuskovic: We just moved - seven months. ........ Page 3 '-' Mr. Lehigh: We'll make it 9:00AM Saturday (10/27/01), we'll come out and take a look at it. If you could stake it out where the deck is going and were your septic tanks are. Mr. Prager: Just mark them, outline where the deck is going, and also your property line on that side. Mr. Lehigh: Make the Public Hearing November 13th. Mr. Prager: I make the motion that the ZBA is the Lead Agency. Mr. Warren: Second All in favor - All present voted Aye Mr. Lehigh: I think we'll hold off the NEG DEe until we take a look at the property. ~ ........ Page 4 Next Item: '-' APPEAL No. 01-7106 Gerald Smith - Seeking an area variance of Section 240-37 of District Regulations for R-40 Zoning. Whereas a 25-foot side yard setback is required, the applicant is proposing a 23-foot side yard setback in order to have a I-car eara2e, thus requesting a variance of2-feet. The property is located on 14 Pre Lane and is identified as Tax Grid No. 6257-02-944919 in the Town of Wappinger. Mr. Lehigh: Do you have an existing garage, Mr. Smith? Mr. Smith: No - I had one, but converted it into a laundry room, half of it. Mr. Lehigh: You converted it - but the house had one at one time? Mr. Smith: I had one at one time. Mr. Prager: I noticed it's not attached, is this 10 feet or 11 feet between the garage and the house? Mr. Smith: About 10 feet, I have the sidewalk right next to it and the flower garden. '-" Mr. Prager: And that's why the 10 feet. Mr. Lehigh: And you couldn't move it a couple of feet, so that you didn't need a variance? Mr. Smith: No, I've already tried to move it as far as I could. Mr. Lehigh: Any other questions... (No response) Mr. Lehigh: We will come out Saturday and take a look at it, at 9:30AM. We'll set the Public Hearing for November 13th. Do you want to make a motion for Lead Agency. Mr. diPiemo: So moved Mr. Prager: Second All in favor - All: voted Aye Mr. Prager: Like I mentioned to the last gentleman, could you mark it out exactly where you're going to have the garage - and the property line. ~ Page 5 Next Item: '-' APPEAL No. 01-7107 Betty & James McCarthy - Seeking an area variance of Section 240-37 of District Regulations for R-40 Zoning. Whereas a 10-foot rear yard setback is required, the applicant is proposing a 8-foot rear yard setback in order to have an 8' x 8' wood shed remain where it is, thus requesting a variance of2-feet. The property is located on 37 Pine Ridee Dr. and is identified as Tax Grid No. 6257-02-944919 in the Town of Wappinger. Mr. Fanuele: Your mailing address is Hopewell Junction? Mr. McCarthy: Yes, we pay taxes to Wappinger, but we have a Hopewell mailing address and a Fishkill phone number. Mr. Prager: How long have you owned the property? Mr. McCarthy: Since 1959, sir. Mr. Lehigh: And the shed has been there. . .. Mr. McCarthy: Since 1976 '-" Mr. Lehigh: You never had a building permit before? Mr. McCarthy: We purchased it from John Jay woodworking class, when my wife was working there - we didn't know we had to. They came and put it where it is at the present time, assembled it, put the roof on, that was it, we didn't realize at the time - in 1976 that we needed that done, because it wasn't really a permanent structure or attached to anything. Mr. Lehigh: It doesn't sit on any foundation or anything, no electric? Mr. McCarthy: No, it stores a tractor, hand mower and some tools. Mr. Fanuele: What's behind the shed, anything? Mr. McCarthy: A fence leading over to the neighbor's leaf pile a compose pile, that's the closest thing to it. Mr. Fanuele: Do you store anything behind the shed? ~ Page 6 '-' Mr. McCarthy: No, sir - I do not, we had a roll of wire behind there at one time, but it's clear now, there's nothing there. What it is - it's holding up the e.O. for the sale of the house, FHA has approved everything, but they will not do anything more without the C.O. and we have a tentative closing for October 30th and a closing in Florida on November 9th. Mr. Fanuele: What shape is the shed in. Mr. McCarthy: We did some pictures. Mrs. Gale: I put them in the main folder. Mr. Prager: If the shed wasn't there, would that have something to do with selling the property, are they depending on. Mr. McCarthy: In lieu of the sale, I said to the man (he lives in the Bronx, and he doesn't know what a lawn is like) and I have .74 acres of grass, and I said sir, you are entitled to my mower, I'm going to leave my tractor, which I've been using the last 6 or 7 years and he was depending on that to house it. ~ Mr. Lehigh: It looks almost like we could bring it back 2 feet, because it's going until November 13th - you have to go through a public hearing in order to get a vanance. Mr. McCarthy: You're saying, if we pull that forward 2 feet, we've already paid for the permit and everything. Mr. Prager: Then you don't need a variance Mr. McCarthy: We paid for the permit, and we paid for the variance. Mr. Lehigh: You paid to come in and, the thing to do - if you want it in a hurry is jack that back 2 feet. Mr. Prager: No foundation or anything like that? Mr. McCarthy: No, it's a temporary structure, sitting on blocks. ........ Page 7 ~ Mr. Prager: Especially since you're selling the property, you have a new owner he doesn't need a variance. Mr. Lehigh: Why don't you try moving it, and we'll postpone this. Mrs. Lukianoff: Should you decide to move it and it looks like you don't need a variance, remember you have to amend your building permit application to reflect the new distances. Then it will proceed through the building department, because right now - they are waiting to see the results of this action. Mr. McCarthy: I understand. Mrs. Lukianoff: And ifit's not going to go - as soon as you have.. ...the Building Inspector will also come out and take a look for final inspection, to grant a e.O. , but we need something also, because in a year - no one is going to remember this, if we don't have the proper documents. Mr. McCarthy: How long do you anticipate this going, if we get that moved tomorrow? Mrs. Lukianoff: If you move it tomorrow and come in and amend it, basically it shouldn't take too long. ~ Mr. Lehigh: We'll adjourn this and since you already paid the $50.00 we'll temporarily postpone that, if you have a problem get a hold of the Zoning Administrator she'll call me, we'll put you on the list for Saturday inspection. I need a motion for Lead Agency. Mr. diPierno: So moved Mr. Warren: Second All in favor - All present voted - Aye ..... Page 8 Next Item: '-' APPEAL NO. 01-7108 William Parsons - Seeking an area variance of Section 240-37 of District Regulations for R-40 Zoning. Whereas a minimum of 25-foot side yard setback is required. the applicant is proposing a 10 foot side yard setback, thus requesting a variance of 15 feet, for an existing barn to remain where it is on property that is to be subdivided. The parent parcel property is located at 361 All Angels Hill Rd. and is identified as Tax Grid No. 6257-04-995410 in the Town of Wappinger Mr. Lehigh: Mr. Parsons... '-" Mr. Parson: I asked to come here because it was just an idea, but I thought I would throw it by you - I bought the White property at the intersection of Old Hopewell and All Angels, it's a house and 10 acres, the big house - I'm getting it restored it's been worked on about 3 months, it's got a couple of months to go, but I'm going to cut 2 lots off it, as you can see by the map, right on All Angles - in the process when you do a subdivision and there's a house that exists, the Board of Health insists upon you showing where you could put a septic system, if needed equivalent to today's requirements and specifications for that house, it has 7 bedrooms so it takes a monstrous septic system but in the process, in order to get it in there, if you look down in the lower comer there, it takes up all the space, other than to get into the wetlands and it gets very close to the existing line. The problem there is that where the line is, you can't move the line towards the house more because it gets in where the septic system goes, so you can't get the 25 feet for the barn, so it actually is 10 feet, it's nice little barn probably one hundred to one hundred-fifty years old, it in good shape and very honestly, if it has to be tom down, but so many old things today get tom down and thrown away - I thought if we could save it, it would be worth the try. Mr. Fanuele: Is this some type of historical building? Mr. Parsons: No Mr. Fanuele: Could you get somebody - like the local historical society to write a letter saying.. ..this would be.. ...to keep. ~ Page 9 '-" Mr. Parsons: No, it gets very involved, I go before the Planning Board, Monday night on the subdivision, and they're going to mention it, I can tell them I went to the ZBA and they listened and had some thoughts on it or I'll tell them we're going to tear it down, actually we won't tear it down, I'll give it to the fire company and they'll bum it down, but it's still a shame, it's a nice old bam, it could make a nice four-car garage, and it still has the old horse stances in it for the old draft horses and the kind of wood that you haven't seen in a hundred years, but then it needs a variance it's too close to the line - I can't move the line anymore without getting into the proposed septic system. Mr. Lehigh: Where is the septic system on that house now, so on the old house we know? ,.... Mr. Parsons: Right under the circular driveway, you'll see SDS that's where it is now, and then we had the Board of Health out there, dug the test holes and so on, and that was the only place they said it could be and that's mainly because once you drop down, somewhere in that area maybe another 50 feet or so, it starts right into the wetlands, it's a strange piece of property (opening the map to show in detail). . . what happened is she wanted the house and 10 acres and in the process, the Town wanted the land behind it for their new water district, so she conceded to make the 10 acres here in the this piece of land that goes......I knew what it was when I bought it, so it wasn't a surprise, but when you say 10 acres and subdivide, you can only get 2 lots out of it, that's the reason. When I listened to the other people that came here that asking for 15 feet on 25 sounds like a lot and it may very well be. Mr. Lehigh: Well it's a 60% variance - personally myself, I don't have a problem with it, I've seen the old bam and I would like to see that old barn saved. I'd feel better if you had a buyer that wanted that old barn and hate to grant a variance for it and have somebody tear it down. Mr. Parson: Ifhe did - then you've got nothing, because the line doesn't change anything, so the variance would disappear. Mr. diPiemo: Is it worth saving? Mr. Lehigh: I've been through the barn, I've seen it - I think we should take a look at it, but I would hate to see it tom down, or have the fire department bum it down. Mr. Warren: There's no organization, we talked about that earlier - historical? ,.,., , Page 10 '-- Mr. Parsons: There isn't - but even if there was, what does it do - what it would is then it would say - whoever wants to take it - couldn't touch it, whereas the next guy could make it into a 3 or 4 car garage, the barn is 50 feet long and 23 feet wide, it's a big barn - it's got a second story to it, although it's a loft for hay. Mr. Lehigh: We'll come out Saturday and take a look at it - 10:30AM. I'd like a motion to declare ZBA Lead Agency Mr. Prager: So moved Mr. diPierno: Second All in favor - All present voted: Aye Mr. Lehigh: Only on the variance portion, because it's going in front of the Planning Board, are we going to be able to declare a NEG DEe on this now it's in front of the Planning board - are we going to have to wait? Mrs. Lukianoff: It's not in front of the Planning Board yet. Mr. Parsons: Not until Monday. ....... Mr. Lehigh: Then we won't put you down for a public hearing until you're done with the Planning Board. Mr. Parsons: What they're going do is - go through the preliminary approval or they may do two of them together, they it would be subject to the variance. Mr. Lehigh: So we'll see you Saturday and take a look at it. I'll entertain a motion to adjourn. Mr. diPierno: So moved Mr. Prager: Second All in favor - All present voted: Aye Meeting ended: 8:00PM " Respectfully Submitted,L" '-~1 J'J.df~ D, CXj~ Michelle D. Gale Secretary - Zoning Board of Appeals /