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2001-11-13 '-") Zoning Board of Appeals November 13,2001 Summarized Minutes Members Present Mr. Lehigh, Mr. Fanuele, Mr. diPierno, Mr. Prager, Mr. Warren, MINUTES Chairman Vice Chairman Member Member Member Others Present: Mrs. Lukianoff, Zoning Administrator Mrs. Gale, Secretary Page 1 of 13 MINUTES APPROVeD iJAN :22 2002 Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, NY \.,.. . Adjourned Public Hearing Public Hearings Discussion SUMMARY Hettinger Matuskovic G. Smith Sabellico Closed PH Variance Granted Variance Granted Set PH 11-27 Motion to Approve Minutes: Mr. Fanuele - Motioned to approve Mr. Lehigh - Noted a correction on page 2 Mr. diPierno - Seconded motion All in Favor - All voted Aye '-" Page 2 of 13 '-' First Item: Appeal No. 00-7071 R.B. Hettineer. Inc. - Seeking a use variance for property located at 51 Myers Comers Road, is identified as Tax Grid No. 6157-02-899988 located in the Town of Wappinger Anna Shah: I'm here for Jon Adams at Corbally Gartland and Rappleyea, and I'm representing Helen Hettinger, Mr. Cantor, I believe Mr. Adams has been in discussions with you about this matter, is that correct? Mr. Cantor: Yes, I spoke to Jon today. Ms. Shah: Did you have a chance to review his submission to you, I don't know if you had a chance to review these. Mr. Cantor: Yes I did Ms. Shah: And how. . .. '-' Mr. Cantor: I had a problem. . . . and stated it needed more work. Ms. Shah: So what do you propose we would accomplish today, anything.. .. Mr. Cantor: That's up to the Zoning Board, I suggested to Mr. Adams that he adjourn this matter, because it wasn't ready - and he said his client didn't want to adjourn it, so here we are - it's not up to me what we do - it's up to these gentlemen. Ms. Shah: Would you consent to a discussion of the conditions that have been discussed or no. Mr. Cantor: No Ms. Shah: May I have a moment to talk with the client. (Recorder was paused until Ms. Shah and Mrs. Hettinger returned to the room). Mr. Prager: Before we get started, I'd like to make a motion to re-open the public hearing. ....... Mr. Warren: Second Page 3 of 13 ~ All in favor - All present voted - Aye Ms. Shah: Essentially, I spoke to Mrs. Hettinger and what we're going to do is we're going to submit the papers as they are and allow you to make a decision on the record you have before you. We have agreed not to make any other submissions at this point. Mr. Fanuele: Are we dealing with the submission that..... Ms. Shah: When is that dated? Mr. Fanuele: It says November 1 st on top. Ms. Shah: I have to tell you, whatever Jon submitted to date, would be included. Mr. Lehigh: Yes - the whole file. '-" Ms. Shah: This is a submission that we had, I believe either faxed or gave to Mr. Cantor, whether it's part of the discussion I was not really sure ifit supposed to be before the Board, are you aware of that Mr. Cantor? Mr. Cantor: This was not submitted at any prior public meeting, and it's improperly here, unless you're accusing to admit it here, and I hope you're not, the memorandum that Mr. Fanuele has, since it represents my settlement discussions with Mr. Adams that were agreed by myself and Mr. Adams to be confidential discussions - unless or until we reach agreement. So I would suggest that that's not properly part of this record, unless you're choosing to introduce it tonight, and I hope you won't. Ms. Shah: I'm not familiar with the settlement and confidential agreement that you have with Mr. Adams, so I'm not going to take it out of the Boards hands ifMr. Adams put it in the Board's hands, I'm not going to take it out. But I will not divulge this paper, which I have with me. Mr. Carlson: I don't know ifit is really confidential, because it was also submitted to me from Jon Adams, so I think that breaks the confidentiality at that point. \... Page 4 of 13 '-" Mr. Lehigh: I'm not going to get into the legal aspects of this, we're not going to make a decision on this tonight, we'll close the Public Hearing and take our time and sit down and have a legal decision on this with our town attorney. I would like to know whether you'd like to close the public hearing tonight, if Mrs. Hettinger requests the public hearing be closed, we'll definitely close it tonight and we'll have 60 days to give you an answer and it won't be any more information or input after tonight. So you'll have to make up your mind - the whole reason we got together on this was the two attorney's get together and work out the best that we could get and if you're not satisfied with what they've done then we can close the public hearing and we'll give you a decision on it. Mrs. Hettinger you'll have to make up your mind. Mr. Cantor: I thought council had said that they were prepared to have the hearing closed? '-' Mrs. Hettinger: Well it's been going on for a long, long time. Mr. Lehigh: Definitely, too long. Mrs. Hettinger: I agree, too long - I'm am trying to sell a piece of property and all I do is to go to public hearing, zoning, planning - why do I have to go through all of this in order to sell a piece of property? - Why do I have to have my neighbor's permission? Mr. Lehigh: I'm not going to get into that - the legal aspects of the case - you have an attorney to discuss that with, before. What we're going to do is either close the public hearing or adjourn it and give you another bit of time to work it out with the two attorney's that are involved, and if you don't want to do that - then we'll close it and we'll give you an opinion on it. In order to give you that opinion, I'm going to get together with the town attorney and make sure we do everything right. Ms. Shah: At this time we would like to put it before the Board and allow you to make a decision, we would not be submitting anything else. Mr. Cantor: You're requesting that the hearing be closed? \.r Ms. Shah: That's correct. Page 5 of 13 '-' Mr. Cantor: I concur with that request, I note two points, that in your records there's a letter of August 14th - I submitted at the public hearing which summarizes the arguments in opposition to the application and the second point - I understand you're not going to decide the propriety of the submission referred to - until you discuss it with counsel, I ask that your minutes reflect my statement that I object to it's receipt and request that it be excluded from the record. With that, I thank you for your patience with all of us all these months and assume we'll get your decision, at your convenience within the next 60 days. Mr. Lehigh: I need a motion for a NEG DEe. Mr. diPiemo: So moved '-' Mr. Warren: Second All in favor - All present voted - Aye Mr. Lehigh: I need a motion to close the public hearing. Mr. diPiemo: So moved Mr. Warren: Second Mr. Lehigh: Would you take a roll call on that... Roll Call: Mr. Warren - Granted Mr. diPiemo - Close the meeting Mr. Prager - Aye Mr. Fanuele - Aye Mr. Lehigh - Aye '-" Page 6 of 13 ~ Next Item: 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 yard 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: Michael, we have a letter from your neighbor, Mr. Straley, I would like to enter that into evidence. Mr. Straley is afraid of the noise, basically and the closeness to his property and he is not in favor of your deck. Mr. Prager: Have you seen the letter? Mr. Matuskovic: No Mr. Prager: Would you read it, for the record. (Mr. Matuskovic was handed the letter and read the letter to himself.) '-' Mr. Prager: Motion to open the public hearing. Mr. Warren: Second All in favor - All present voted - Aye Mr. Lehigh: Present your case again, for the recorder. Mr. Matuskovic: The only reason why I'm going out that way is because I can't go out the other way - there's no other way to do it, because my septic tanks are there, you have all seen it. Mr. Lehigh: My personal feeling is that the size of the deck does not effect the noise in the back yard, if you've got a 10' deck - completely legal- I don't think you're going to make any more noise on that, then you would a larger deck, that's my feeling on the situation, I don't know about anybody else. We had a site inspection on it to see you're problems with the construction on it and I don't have any problem with that myself, any other questions on it. '-'" Page 7 of 13 '-' Mr. Prager: Not really, we looked at it we did have a site inspection and did notice where the septic tanks were - he couldn't go the other way that's for sure the only way would be not to have that on the side of the building - and that would limit you a very small patio. Mr. Fanuele: .. .what is it a barrier. Mr. Lehigh: There are trees for a screen, quite high. Does anybody else in the audience have any questions? (No response) Mr. Lehigh: I need a motion for a NEG DEe Mr. Warren: Motion Mr. diPiemo: Second All in favor - All present voted - Aye '-' Mr. Prager: I make a motion to close the public hearing Mr. Warren: Second All in favor - All present voted - Aye Mr. Lehigh: Do you want to make a motion, Mr. Prager? Mr. Prager: I make a motion that we grant the variance Mr. Warren: Second All in favor - Roll Call vote: Mr. Warren - Granted Mr. diPiemo - Aye Mr. Prager - Granted Mr. Fanuele - Aye Mr. Lehigh - Granted Mr. Lehigh: I would like to answer that letter from Mr. Straley, from the Board, stating that the size of the deck doesn't have anything to do with the amount of noise and there is definitely a noise ordinance in the Town, he has a right to complain. \-. Mr. Prager: I think he also stated that his house is only 20 ft. from the property line, and that could be one of the reasons. Page 8 of 13 \. 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 earaee, thus requesting a variance of2-feet. The property is located on 14 Pve Lane and is identified as Tax Grid No. 6257-02-944919 in the Town of Wappinger. Mr. Lehigh: Mr. Smith... Mr. Prager: Are all the mailings in order? Mr. Lehigh: I have the mailings. Mr. Prager: I make a motion to open the public hearing. Mr. Warren: Second All in favor - All present voted - Aye '-' Mr. Smith: I need the 2 ft. variance because the sidewalk and the garden, that way the garage would be at the 12 ft. wide and still under 20-ft. from the property line. Mr. Lehigh: We did have a site inspection on this property, also - everybody remembers that, I personally don't have a problem with it, anybody else? Any questions of the applicant? Any questions from the audience? (No response) Mr. Lehigh: I need a motion for a NEG DEe. Mr. Warren: So moved Mr. Prager: Second All in favor - All present voted - Aye '-' Page 9 of 13 '-' Mr. Lehigh: I need a motion to close the public hearing. Mr. Prager: So moved Mr. Warren: Second All in favor - All present voted - Aye Mr. Fanuele: I make a motion to grant the variance Mr. Lehigh: I have a motion to grant the variance Mr. diPiemo: Second Roll Call vote: Mr. Warren - Granted Mr. diPiemo - Granted Mr. Prager - Granted Mr. Fanuele - Granted Mr. Lehigh - Granted ~ \w. Page 10 of 13 \.... Next Item: For discussion only APPEAL No. 01-7109 Ravmond F. Sabellico. Jr. - Seeking a variance of Section 240.21B (d) of District Regulations. Whereas 6-feet is maximum height limit for a fence, the applicant is proposing an existing fence that is ll-feet 8-inches hieh steppinl! down to 9-feet 3- inches, therefore the variance requested is 5-feet 2-inches, to have fence remain as erected. The property is located on 2336 Route 9D (formerly 350 Route 9D) and is identified as Tax Grid No. 6157-01-025595 in the Town of Wappinger. Mr. Lehigh: I'd like to have a motion to open the discussion. Mr. Warren: So moved '-" Mr. diPiemo: Second All in favor - All present voted - Aye Mr. Sabellico: I erected this fence without a permit, I did bring some pictures along to show what the fence looks like in relation to the house. (Note - correction on measurement of variance, should be 5 feet 8 inch variance) Mr. Sabellico: There's two pictures put together that's out the back door of the house. Mr. Lehigh: That's out your back door? And you said the garbage man was there. Mr. Sabellico: What is it? - M & 0, M & M? Mrs. Lukianoff: M & 0 Mr. Lehigh: That's the firehouse, and that's M & O? Mr. Sabellico: Yes it is. Now this is what you see without the fence from the porch, coming out the back door. \..- Page 11 of 13 (Showing pictures to the Board) \..... Mr. Lehigh: Have you seen these pictures? Mrs. Lukianoff: I know what the situation is, because the complaint had come in and as a result of that. . . Mr. Lehigh: Is there any illegal things on that property? Mrs. Lukianoff: Illegal in what way? Mr. Lehigh: What he's got there...is that illegal or is it legal? Mrs. Lukianoff: What?.. behind there? Mr. Lehigh: Yes Mrs. Lukianoff: I didn't go behind there, no I just was...I can't really go on the premises I just took the photographs, and again, I would need your permission (applicants') to go on the premises to see them. Mrs. Sabellico: We actually had to get on a ladder to see it. '-" Mr. diPiemo: You're not allowed to inspect this property? Mrs. Lukianoff: I can't go onto the premises, without the permission of the owner. Mr. Sabellico: You can go onto my premises. Mrs. Lukianoff: That's what I was saying, I would need your permission. Now if that's illegal dumping, that's obviously a violation. Mr. Sabellico: I don't know ifit's illegal dumping, it's stuff that left over from his sanitation business. Mr. Fanuele: Is he still in business? Mr. diPiemo: Sure he is, he's got a truck there. Mr. Lehigh: I need a motion to be lead agency. Mr. Warren: So moved Mr. diPiemo: Second \r Page 12 of 13 All in favor - All present voted - Aye '-' Mr. Prager: When did you put the fence up? Mrs. Sabellico: Started about a year and a half ago, it took a long time. Mr. Fanuele: When did you put the shed up? Mr. & Mrs. Sabellico: The shed has always been up. Mr. Fanuele: You bought the house with the shed. Mr. Sabellico: Yes Mr. Lehigh: Do you have a CO for the shed? Mr. Sabellico: I think it was grand fathered in because it was there when I got there. Mr. Lehigh: Which pre-dates Zoning in 1963. Mr. Prager: I think we ought to take a look at it. . '-" Mr. Sabellico: You can keep these pictures if you want them for the file. Mr. Lehigh: Yes, submitted as evidence. Mr. diPiemo: When we come out can we look over that fence and see that property? Mrs. Sabellico: No, it's difficult - if you go around the back of our garage you can see it. There's actually another fence on the other side, I think is 10 feet high, and I think that's why we thought. Mr. Sabellico: My neighbor, his name is Mike Schwall, on this side of my garage, he put up a 10 - 12 foot fence back a few years ago, I didn't realize.. .it's there, he must have gotten a variance. Mr. Prager: I don't think so. \... Page 13 of 13 \.., Mr. Sabellico: When my other fence fell down, I put this up. Mr. Lehigh: I think we'll leave the NEG DEe untiL... We'll set the public hearing for Nov. 27th and we'll be out Saturday at 9:00AM 11/17. Mr. Lehigh: I need a motion to close the meeting. Mr. diPiemo: So moved Mr. Warren: Second All in favor - All present voted - Aye Meeting ended at 8:30 PM Respectfully Submitted, '-' 0,,~Ua f) ~a-L Michelle D. Gale Secretary - Zoning Board of Appeals \.....