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2001-11-27 MINUTES MINUTES APPROVED IJAN 22 2002 Page 1 of 15 ~ Zoning Board of Appeals November 27, 2001 Summarized Minutes Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present Mr. Lehigh, Mr. Fanuele, Mr. diPierno, Mr. Warren, Chairman Vice Chairman Member Member Member Absent: Mr. Prager, Member Others Present: Mrs. Lukianoff, Zoning Administrator Mrs. Gale, Secretary ~ SUMMARY Public Hearing: Raymond Sabellico Adjourned PH 1/9/02 Discussions: Anthony DeRosa Set PH 12/11/01 Mr. & Mrs. J. Godwin Set PH 12/11/01 Conceptual: Dr. Scott Kupetz APPEAL No. 01-7109 Raymond 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 hi2h steppin~ down to 9-feet 3- inches, therefore the variance requested is 5-feet 8-inches, to have fence remain as erected. The property is located on 2336 Route 9D (formerlv 350 Route 9D) and is identified as Tax Grid No. 6157-01-025595 in the Town of Wappinger. \-- Page 2 of 15 '-" Mr. diPiemo: Motion to open Public Hearing Mr. Fanuele: Second All in favor - All present voted - Aye Mr. Sabellico: I requested a variance to leave the fence as is at 11 '8" step down to 9'3". Mr. diPiemo: Could you tell the Board why you want the fence that high. Mr. Sabellico: The old fence fell down when a tree came down, coming out the back door of the house, we could always see the dumpsters and the trucks back there so from the first floor, we put the fence up that high so we couldn't see in back of the garage. Mr. diPiemo: whose property is that? '-' Mr. Sabellico: Mr. Schwell's . Mr. diPiemo: What's located there? Mr. Sabellico: It used to be M & G Sanitation. Mr. diPiemo: Used to be? - It's not there anymore? Mr. Sabellico: I don't believe it's in full operation over there, anymore. Mr. Lehigh: The fence is on his property? Mr. Sabellico: No, the fence is on my property. Mr. Fanuele: Behind the fence, there's a couple of sticks going this way to reinforce the fence. And that's on your property. Mr. Sabellico: Yes "-' Mr. Lehigh: We looked at it and we've done a little research and we can't even find out how he got a special use permit for it, according to this it was denied June 9, 1976 - I don't even know how he got in there. Page 3 of 15 '-' Mr. Sabellico: Whom are we talking about. Members: M & G Sanitation Audience Member: I'm here Mr. Lehigh: You're here, would you like to speak to that. Mr. Lehigh to Mr. Sabellico: Do you have anything else that you want to say? Mr. Sabellico: No Mr. Lehigh: We will hear from you (audience member, Mr. Schwall). Mr. Schwall: I had a building permit issued to me to put up my building and then after we started to put the building up - the foundation was in - they pulled my building permits (not for non-conforming)... Mr. Lehigh: Special Use permit? '-' Mr. Schwall: No special use permit - the house on the comer was owned by the gas station, his daughter, the one up on 9D that Sunoco station, and they are the one's that had them pull the permit, then we went to court - it took two (2) years and we won in court. Mr. Lehigh: And the court issued..... Mr. Schwall: The court issued me my permits back and told them to leave me alone otherwise, I could sue the Town for everything. For what it cost me, for all the years.. ..the building sat right on the ground. Also, his posts are on my property, they are not on his - the property line is on - where the building is, he's got the old bam there and I left it open when the old people lived there, because they had a garden in my yard - and they asked me - and I said yes, go ahead use it that's one reason why I never put a fence up, because on the comer you see a chain linked fence it goes right to the end where Scott's is - used to be anyway - Scotty's right there and instead of me going across - I left it open for those old people. So his posts that are holding that fence are on my side of the fence, he put trees up, I didn't say nothing. Mr. Sabellico: No, we had an agreement about the trees.... ~ Mr. Schwall: An agreement with whom? Page 4 of 15 ~ Mr. Sabellico: With you Mr. Schwall: Not with me, you never had an agreement with me, maybe you had it with somebody else, but it wasn't with me. Mr. Sabellico: No, I think it was with you, Mike. I came over and talked to you about putting some trees in - you even agreed to split the cost with me. Mr. Schwall: Me - no sir, it must have been my brother or my son. Mr. Fanuele: Where is the property line? Mr. Schwall: The property line is right at the building, all that property - in other words - there's that building there - the barn or his garage, I could have put my building right on the property line. ~ Mr. Fanuele: In that building..... Mr. Schwall: That building, that stone wall is the property line - it runs the whole thing around. Ask Mr. Roberts, your attorney. Mr. Sabellico: The comer of my garage is.. ..and we run down to the chain link fence that's my property line. Mr. Schwall: The chain link fence is one foot in....1 made it that way, that this way I wasn't infringing on anybody's property - I put it one foot in all around the property on that side. Mr. Lehigh: The posts for your fence are way over in the back (the braces for the fence). I don't think we could grant you a variance with part of the fence on his property. Mr. Sabellico: Now he's saying the posts are on his property, too. Then part of my garage must be on your property. Mr. Schwall: No, no, the stone wall is where your garage is, that is the property line, all the way around. \..- Page 5 of 15 '-' Mr. Sabellico: They go down straight from the comer of the garage to where the chain link fence is. Then part of my garage must be on your property. Mr. Schwall: No, it's not. Mr. Sabellico: Then what does it do? Jut around the stone wall.. ..the stone wall jut around it? Mr. Lehigh: Well in view of this, you're going have to provide us with a surveyor something so we can tell where the line is. We can't grant you a variance, ifit's on his property. One of the two things we can do is we could either adjourn this and you could come back when you have some proof where the fence is and so forth, or we can deny it and you can apply again. Mr. Sabellico: Ok - I understand that. Well twenty-five years ago, the original fence was put up there and I just assumed that was the property line, I guess I was wrong. Mr. Schwall: No - you were wrong. Mr. Fanuele: When did you buy the property. '-' Mr. Sabellico: I bought the property in 1976. Mr. Fanuele: In '76 - you didn't have a survey? Mr. Sabellico: No - I've since had it surveyed - I do own a survey now. I'll have to bring it in or I'll take a look at it. Mr. Lehigh: You'll have to bring it in. Well, we'll adjourn this. Mr. Schwall: Al Roberts was my lawyer. Mr. Lehigh: Your property, you're still using it for business? Mr. Schwall: Yes I do - I've got trucks in there. Mr. Lehigh: We noticed there was a lot of debris - parts of truck bodies and so forth. Mr. Schwall: Those we're going to get rid of - I'm getting rid of all the old trucks. '-' Page 6 of 15 '--' Mr. Lehigh: These weren't old trucks, these were pieces of old trucks, dual wheels with nothing attached to them. Mr. Schwall: That's going to go. Mr. Lehigh: You're going to clean that up, there may be no reason to have the fence. Mr. Schwall: He didn't need the fence there - there was just the truck back there I have one truck that's getting sold, and there's.. ...1 know there's two big tanks there, which I'll bring up to my own place, the junkyard, because I own ajunkyard, and the other two trucks I'll get rid of too. Mr. Lehigh: What we'll do is - we'll adjourn this public hearing. Mr. Schwall: Please let me know in advance - I just came home from Florida and I got the notice Monday. He could leave the fence there I don't care, just take the post out - when I go to sell it I don't want the new owner to have any problems. He could put posts in his yard straight up to hold it up..... '-' Mr. Sabellico: I don't know which posts you're talking about then. Mr. Lehigh: I'll let you guys' work that out, come back with your survey, and I think we're going to have to come back and look at it to make sure there isn't anything on his property. Mr. Fanuele: You're saying posts - I think you mean the braces in the back. You're saying the posts and the fence. Mr. Schwall: The fence, I don't even know if it's on my property, if it's even with the building... Mr. Lehigh: So we'll adjourn this, until you get back to us. All in favor - All voted - Aye ~ Page 7 of 15 '-' Next Appeal is for Discussion: APPEAL No. 01-7110 Anthonv DeRosa - Seeking an area variance of Section 240-37 Regulations for R-20 Zoning. Whereas 20 feet is required for a deck side yard setback, the applicant is proposing 18 feet setback, thus requesting a variance of 2 feet. The property is located at 4 Aspen Ct. and is identified as Tax Grid No. 6257-01-14980 in the Town of Wappinger. Mr. DeRosa: My reasons, the deck has been there 20 years I was just trying to get a CO for it - when I had the house built in 1979, we were fighting double digit interest rates, banks weren't giving long term commitments so the object was to get into the house as quick as possible, in fact my neighbor lost his house because of it - the plan was to build the house the deck, sliding glass door going out to it, the builder went as far as putting the sliding glass door building the house, getting the CO - he was going to come back in the spring for the deck - which it was built - I was under the impression it was all taken care of. Mr. Lehigh: You have a CO on the house, right? '--' Mr. DeRosa: Correct Mr. Lehigh: I notice the front yard supposed to be 35 feet, it's only 30 feet, but you have the CO. The deck is 14 feet wide? Mr. DeRosa: Correct Mr. Lehigh: And you've got 17 feet from there to the line? Mr. DeRosa: Correct Mr. Lehigh: That gives you 31 feet, you only need 30 - so you're really would be asking for. . ..2 feet. Mr. Fanuele: lfthe front of the house is this way - is that the side of the house - the deck is on the side? It says "front". Mr. DeRosa: It's a comer lot. I guess when they built it they had the option to choose which is the front. Mr. Fanuele: You choose... .when they built the lot... \..... Mr. DeRosa: I didn't choose it - it was chosen by the builder, it was the last lot to be built on this street. Page 8 of 15 '- Mr. Fanuele: If this is the side - then you only needed 15 feet.... Mrs. Lukianoff: Twenty... Mr. DeRosa: So I'm shy 2 feet... Mr. Lehigh: You're shy 2 feet, rather than 3 feet Mr. DeRosa: It supposed to be 20 - I have 17 Mr. Lehigh: Right, but your deck is 14 - 14 and 17 are 31, unless I'm wrong, and that gives you 31 feet so you really need 2 feet. Mr. Fanuele: Can you tell me where the streets are in relation to the front of the house? (Mr. DeRosa approached the dais and pointed out the locations on the map). Mr. Fanuele questioned the description of the front of the house. ~ Mrs. Lukianoff: In a situation like that, when there is a comer situation - they have the option choosing which side is the front, in this instance, because of the fact that this was the rear, nothing could have been built there, it was obvious that they chose this to be the front and this was the rear, now on the original CO, the building plans show sliding glass door but no deck, later on there was a 10 x 10 put on in.... Mr. DeRosa: No - builders want to build a 10 x 10 for like a million dollars and I didn't want to go for that, so ...... At the time, I had no back yard and I had two kids and that was the only place for them to play. Mr. Lehigh: At the time, the builders had the right to chose. We'll set your public hearing for December 11 th. Get the mailings out. \..- Page 9 of 15 APPEAL No. 01-7111 '-'" Mr. and Mrs. James Godwin - Seeking two area variances of Section 240-37 Regulations for R-I0 Zoning. Whereas 5 feet is required for each side yard and rear yard setbacks, the applicants are proposing: 1. 4' side yard setback, thus requesting a variance of 1 foot 2. l' rear yard setback, thus requesting a variance of 4 feet to have stora2e shed remain where it is. The property is located at 5 Mohawk Drive and is identified as Tax Grid No. 6157-02-515510 in the Town of Wappinger. Mr. Lehigh: It looks like you need two variances, right - side yard and rear yard? Mrs. Godwin: Until a couple weeks ago we didn't even - we were living in blissful ignorance - that shed was there when we bought the house and I think many years prior to that. Mr. Godwin: We're in the process of refinancing and we got a letter saying we're in violation. ~ Mrs. Godwin: We would like to sell the house at some point in the next two or three years, we moved in with a fourteen month old, we now have a 15 year old and two more behind her, so it's kind oftight. Property values were high when we bought, went low after the fact, now they're coming back up, so we decided to do this refinance in the interim until we could see where we could go, and we got this letter about this shed that's been standing in the comer since 1987, we're confused why it didn't come up then - because it shows up on our survey and it shows up in our title insurance, that existing shed. The other thing, because of the age of it, I don't this it could hold up. Mr. diPiemo: Do you store anything in it? Mr. Godwin: Garden tools, pool equipment tools. Mr. Lehigh: If that shed came down, you would put up another one. Mr. Fanuele: Do you have a fence around this shed, or around your property? Mrs. Godwin: Yes Mr. Godwin: There's a wire fence separating the properties. '-' Page 100f15 '-' Mrs. Godwin: The next door neighbor's property, we have a line of bushes with a retaining wall, so we can't see into their yard and they can't see into our yard. And behind us, Mr. Winters - we have pine trees up to the shed, so he can't see us. Mr. Fanuele: Do you store anything behind the shed? Mrs. Godwin: I don't think you could get behind the shed. Mr. Lehigh: You haven't got this down here properly, sideyard... Mr. Warren: The shed is not on a block of concrete is it? Mr. Godwin: There's patio blocks under it, that are settled. Mr. Lehigh: So you need 1 foot on the side and 4 feet on the rear. \.. Mrs. Godwin: When I went back and looked at this, the Brady's the original owner's that we purchased it from, they put a garage on in 1977 - the house had the option for a garage. Mr. Lehigh: We would like to come out and take a look at it - Saturday, Dec. 1st - 9:00A.M. - December 11 th set the Public Hearing, ZBA be declared Lead Agency Mr. diPiemo: So moved Mr. Warren: Second All in favor - All - Aye '-" Page 11 of 15 '-- Conceptual: Scott Kupetz - House and dentist office Mrs. Lukianoff: Before Dr. Kupetz starts, I just wanted to go back for a historical background because I found what I had written, previously the project was titled Wanderan Medical Office building had gone through the following approvals, on November 13th_ 1984 it had received a Special Use Permit from the Zoning Board of Appeals, to construct - (at that time, I guess the Board gave Special Use Permits) to construct a Medical Office building pursuant to Article 5 Section 421 - Par. 5 of the Zoning Ordinance which at that point was from 1977 on May 13, 1985 this project received Site Plan approval, now this is for a medical building - due to the inactivity of the project the Planning Board had to re-approve the application two years later, this required a variance regarding the extension time needed to begin construction. Again, in December 23, 1986 the variance was granted giving the applicant a six month extension, and on September 28, 1987 the site plan was re-approved by the Planning Board. Mr. diPiemo: What was that date again? ,-,. Mrs. Lukianoff: 1987, now at that time the Code of the Town of Wappinger 1977 -1981 Edition - permitted the use of medical buildings or clinics in a residential zone all be it, with a Special Use Permit - which at that time was granted by the Zoning Board of Appeals. However, as per Section 120-33 of the 1981 code, the Special Use Permit expired before it was not initiated within one year, again, the second one also expired now because of the fact that nothing had been done for over three years everything went by the waste side. At first, Dr. Kupetz wanted to re-activate that project, because it had gotten twice approval, but during this time because of the inactivity the uses permitted in a residential zone, were changed and no longer does a medical building is an approved use in an R-20 Zone, or any residential zone, so after many discussion, Dr. Kupetz and I talked about what other options he might have, going for a Use Variance would be extremely difficult in situations like this - so eventually, he proposed to put up a residence (Residential Zone) on the property, but also use that as his dentist office and get a Special Use Permit from the Planning Board, as well as a Site Plan approval, but during the procedure and the design process in laying out the structures and parking, the proposed parking - we see that there are some set back problems and Dr. Kupetz has brought plans to show you what he intends, and basically, to get your input. ~ Page 12 of 15 Mr. diPierno: This property off Rock Rd.? ~ Mrs. Lukianoff: Yes - it's that little eye-shaped property. Mr. Lehigh: The thing is, why is he in front of us when he has to go to the Planning Board for a Special Use Permit? Mrs. Lukianoff: The variance - for the set back variance, he can't go there.... Mr. Lehigh: They can vary up to a certain degree Mrs. Lukianoff: No - only on signs, they can't do the other - they would send him back for a variance, regardless. Mr. Lehigh: I thought we heard this not too long ago. . . Mrs. Lukianoff: No - you heard this for the medical building, now it becomes a residence with a professional office in it. In dealing with your architect.. ... Mr. Lehigh: Is that semantics, or isn't it? Mrs. Lukianoff: No - because.. . \..,. Mr. Lehigh: He going to live in it. Dr. Kupetz: Yes - that would be my residence and home office, there. Mrs. Lukianoff: That's basically it, in looking over this we saw that, regarding the set back - because this is in effect an island, surrounded by roads also because it's narrow, basically right now, the question is the variance of the rear set back, but I wanted you to get input before, I believe you had gone before the Planning Board, is that correct?. ..you had gone for a conceptual? Dr. Kupetz: No - I've only been here, so far. Mrs. Lukianoff: But basically he would require.. . (Looking at plans - the ZBA had in front of them). Mr. Lehigh: You're proposing eight parking spaces? '-" Page 13 of 15 ~ Dr. Kupetz: Right Mr. Lehigh: And that whole area is going to be black topped? Dr. Kupetz: Correct Mr. Lehigh: Now, which is he claiming is going to be the front of the house? Dr. Kupetz: Where it says residences' door..that's the front of the house. Mr. Lehigh: The rear of the house is going to be where the parking lot is. Dr. Kupetz: Correct Mr. Lehigh: And that's where you can't make your.. " (set back). Dr. Kupetz: Right - I just have enough to the rear where the dental is, I have 48 feet, so if I try to shift it that way, then I'll need a variance to the rear. Mr. Fanuele: What variance are you looking for? '-" Dr. Kupetz: To the front of the house. Mrs. Lukianoff: Because he needs 75 feet away from a county road, and I believe this is what I had asked for as well, for the architect to draw in here, is the building envelope. Mr. Lehigh: You've got 38 feet and you need 75? Dr. Kupetz: Correct (some discussion out of reach ofmic...) Mr. Lehigh: The road behind him is a town road, right? Mr. Fanuele: It's a county road... Mr. diPiemo: Old All Angles Rd. is a town road..", All Angles Rd. is a county road. Mrs. Lukianoff: So you have that 75 foot set back. Mr. diPiemo: But there's no other properties around there? ~ Page 140f15 \..... Dr. Kupetz: No there isn't. Mr. Lehigh: That's still a county road, I don't know ifthey can give up that road to the Town - or if the Town would even take it over? Mrs. Lukianoff: Which road are you talking about? Mr. Lehigh: The Old one..., what I'm saying to you is I think you need 75 feet for both of them, I think you ought to check into it. .. Mrs. Lukianoff: I think I did call, I called Kathy from Highway.. ..yes, Graham did call me. Mr. Lehigh: What district is this in? Mrs. Lukianoff: R- 20 Mr. Fanuele: Do you own the land now? Dr. Kupetz: Yes \... Mrs. Lukianoff: But as you can see, the building envelope is limited there. Mr. diPiemo: The entrance to the parking lot would be off of Old All Angels Hill Rd.? Dr, Kupetz: Correct (discussions followed regarding parking, clients, right of way..) Mr. Fanuele: Does it have town water? Mrs. Lukianoff: Sewer and septic, anyway this is why I wanted Dr. Kupetz to talk to you first. '-- Page 15 of 15 \.. Mr. Lehigh: We'll have to go out and look at it, he's going to have to go in front of the Planning Board. (Discussion continued - directing the applicant to go before the Planning Board). Mr. diPierno: Motion to adjourn the meeting All in favor - All present voted - Aye Respectfully Submitted, v/rr J ~ 0. c;Jf~ Michelle D. Gale Secretary - Zoning Board of Appeals '-' ~