Loading...
1991-12-10?t11ng Eoard of Appeals Town of Wappinger nec_m:-.er 10, 1991 i i_nL'te meeting was called to order at 7:30Pm Members Present Mr. Lehigh . Brooker M'. Sasser McMhers Absent Mr. Hirkala: Mrs. Rce Others Present vice chairman Chairman K Town Hal: 20 Middlebush Road Wappinger Falls, NY Mr. Levenson, Zoning Administrator Mrs. Hardisty, Secretary to the Zoning Board Sasser: Made a motion to accept the minutes of October 22, 1991 Mr. Brooker: Seconded. vote. All ayes. M<t -7<,n clarried. v;L. Lehigh: Herb, would you like to give us a run down of on the state Law? i,4r. Levenson: For the benefit of both applicants that are Hera_, the form requir---rl with three members present, you have to get a unanimous vote, from al._ ,three member,. for your application to be approved. If one member of the board then your application is not approved. You have several alternatives . You, cavi request the Board to adjourn the case to the next public meeting for a vete, c,r :gay you will go tonight. This decision must be made by you. Botl applicants present Mr. Meyer and Mr. Finger both agreed. to have thio—i,_ cas �s heard. Mr. Daly was not present at this time. Lehigi: Then we will proceed. Appeal = 11.21 - At the request of William see?ting a variance of Section 416 particularly Article 416.5 f Dr t`le. ?x20 sign of the Used Car Factory; which has been in place approxima- t3:,I on property located on Route 9 & New Hackensack Road consisting of .66 plus or minus acres and being parcel # 6158-04-546277 in the Town of pp=="!gay . �**Z . sas: c -r: Made a motion to open the public hearing. mr. seconded. .711 ay �-. . Page 2 Mc,t_ on Car rie�d. 1. Nleyef, and Mr. Lyons his attorney were both present. Mr. Lys_ s: I ars Mr. Meyer's attorney, I am with the Law office of Harold Man- - Y-lu received a affidavit that Mr. Meyer's drafted. and I hope you had a chance rook through it. ( Affidavit on file ). Tl"J, affidavit contained information about the Used Car Factory, sign and what t.l-:e Zoning Law of the Town of Wappinger states in regard to signs. If this variance were not granted Mr. Meyer could erect three separate signs on the property. Ani.' at the time the sign was originally placed it was in conformity with the Zoning regulations. ,'i Lynnis: Mr. Meyer did indicate that in the instance that there would be a hange required for the sign in the future that required its replacement that at t_at time he would be willing to replace the sign. Mr. Levenson: I think you should know that the Planning Board recommends that t+ie Zoning Board of Appeals grant this variance, for the reason that the one singular sign is not obtrusive, and if the variance is not granted that Mr. I yer will --lhen have the right to put in an application for two signs in the z'n and one sign in the Village. Mr. Sas:=.er: I am in agreement with everything you have said; and I really appreciate the time you took to present this. The only question I have, is that i �zi� sign existing is in lieu of the three additional signs. r . i yt.Dn .: Yes that is correct. Ir. Sasser: And would the applicant be waiving his right to installing any ,jCiitic�;a1 signs, as long as this variance is in effect? :r. Tyouns: That is correct. i,ir. Levenscn: We will write that into the Decision and order. :er: I would like to see the stipulation that if the sign is changed th-at it be replaced with a conforming sign. I would like that in the Decision and or�.er. . rytr. Lehigh: I would like to open this appeal up to the public. Is there anyozie ii. the Fa-Lndience ilial would like to speak for or against this application? TI"ere waas not one to speak. Eroc_-`e� : Hade a motion to close the public hearing. Seconded. V: -,t -e. All ayes �a,,e 3 a motion to declare a Negative Dec arat-Lon. Mr. Sas,s.ei . Seco.1ded. Roll C 'a=1 Vote: Mr. Brooker: aye Mr. Sasser: aye Mr. Lehigh: aye calri,_d. ir. arocker: Made a motion to grant the variance, with the stipulation..; that �hc,?ld a sign need to be replaced that it be replaced with a conforming sign. And in lieu of additional signs. Mr. Sasser: Seconded. R.o11 ":all Vote: Mr. Brooker: aye Mr. Sasser: aye Mr. Lehigh: aye AIc t_on carried. Tr, :e ugh: Next item At the request of James & Elizabeth Fin - " seeking a variance of Article IV Section 421 for an addition, w1nere it i required that you maintain a 40 foot side yard, and the applicant is requesting a 7 foot- variance, on property located at 110 Smithtown Road and being parcel X1,6-02-875899 in the Town of Wappinger. Finger: My name is James Finger, I live at 110 Smithtown Road. Mr. Brooker: My I ask you Mr. Finger, is that the only place you can put ti -.e addition, that is the only place, I notice that you have quite a iot of prop- erty be hind you and to the left. x� Finger: in the westerly direction there is a down grade, and it would cost a `w,_t of additional cost to build that up. :sir. Sasser: 1t also appears that your house is sitting cockeyed on the lot. and to me it looks likes it is the only practical way is to go straight bac3K toward the lot line. Hr. Levenson: 'If I may say Mr. Brooker, on the west side it goes dow-_z hill. It wcjuld be quite difficult to do. Lehigh: Did you build the house yourself sir. r. Finger: No, that is an existing structure. LeAL�gh: You brought it the way it was? Yes, sir. was this built ii-: a subdivision? Page 4 IR,, sir. This House was built in 1945. �Ghigh; Have you looked at this Herb? Mr. Levenson: Yes, and I have to say that in looking at it, I don't see any other- practical way .for the Board to look for the minimum variance. This is thl_,� lri2'i is uD_ . var ' ance . ter. sasse`-: -Iir. Finger, you feel that this is the only practical way to rake your=_pansion is that correct? Mr-. Fin,cer": `les I do. >r. Sasser-•: And you would have an economic hardship without being abla to add :_)n to vour house? Mr. Finger: Yes, sir, that is the reason I am requesting the variance. it•:r. Brooker: How many rooms do you have in your house now? Mr. F-nger: 5 rooms, one bedroom. It is two bedrooms but one is very small, and ecau_,e it was laid out as a bungalow the rooms are very disorientated. Mr. evenson: How many people are living there? mr. Finger. 4 my wife, my self and my two children. r3r .r.�o'r�er: one bedroom? i Finger: There is two bedrooms, but they are next to each other and you havf to go through one to get to the other, which is the master bedroom. There was a discussion on the height of the extension. Which will be 21 feet. And the number of rooms that he was adding. Which was taking the bedrooms from downstairs and moving them upstairs. He would end up with two bedroom and a :oath upstairs and downstairs there would be a living room, familyroom, dinning room and 1'-1itchen . Mr. Lehigh: Any one in the audience that would like to speak for or against this application? iter"' was no oI.e in the audience. :3.igh : The notices were sent out on this, correct. K_. Levenson: Yes, everything was mailed out and received on both appeals. Sasser: Made a motion to close the public hearing. i .. Fro >r_ r : Seconded. V.: to . Al_ ayes im Page 5 1O.: LCi111.e� . M b1:coMade a motion to declare a Negative Declaration. Mr. Sas: e� . Seconded. t.11 Call V{:;te: Mr. Brooker: aye Mr. Sasser: aye Mr. Lehigh: aye Mc_>ticin carried. Mr. Sasser: Made a motion to grant the variance, I believe that the appli'�ant liar sh`awn both financial hardship and practical difficulty. Mr. Br,jo'ker : Seconded.. Roll Call vote: Mr. Brooker: aye Mr. Sasser: aye Mr. Lehigh: aye Mation Carried. r. Levenson: Mr. Chairman, Mr. Daly is not present, and I would recommend that second call it at 8: P.M. Nr. Sasser: Made the motion. .r. Brooker: Seconded. o --c- , ail ayes . C+tion carried. At 8: P.M. Mr. Sasser: Made a motion to re -open the hearing. Mr. Brooker: Seconded. Vote : Ali ayes . Brooker: Since Mr. Daly is still not here I would like to entertain the motion that this be put over to the next Zoning Board of Appeals meeting. This will be his final notice. This will be held on January 28, or the date called ", the -hair. 'Mr. Sasser: Seconded. Vote: All ayes. )tion carried. Mr. Brcc:ker: Made a motion to adjourn. �!. Sayer: Seconded. Motion cal -r --Led. PAGE 6 Pveeting was adjourned at 8:30 P.M. Very respectfully our s, AaAnns, 4Hardisty, etary Zoning Board of Appeals