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1991-06-259 Town of Wappinger Zoning Board of Appeals Town Hall June 25, 1991 20 Middlebush Rd. Minutes Wappinger Falls,NY The regular meeting of the Zoning Board of Appeals was called to order at 7:30 PM Roll Call Mr. Hirkala Chairman: Present Appm@WR Mr. Lehigh Vice Chairman: Present Mrs. Roe Present 1 3 91 Mr. Sasser Present AJO Mr. Brooker Present�� Others Present. Mr. Levenson, Zoning Administrator A � Mr. E. Saris, Escf. Mr. Lehigh: Made a motion to accept the minutes of May 28, and June 11 1991. Mr. Sasser: Seconded. `Vote: All ayes Motion carried. Mr. Levenson: I have an announcement for you Mr. Chairman, you will be formally notified in the next 10 days that I have been nominated second Vice President of the New York Planning Federation. The Board congratulated Mr. Levenson. Mr. Hirkala: First item on the agenda Public Hearings. Appeal # 1111 the Zon- ing Board of Appeals of the Town of Wappinger will hold a Public Hearing pur- suant to Section 513 of the Town of Wappinger Zoning Ordinance. At the request of Muhammad Riaz, seeking a variance of Article IV section 421.6 of the Town of Wappinger Zoning Ordinance, requiring that you maintain a 30 foot rear yard and that the proposed deck will require a 17 foot rear variance, on property located at 33 Dennis Road and being parcel # 6258-01-083607 in the Town of Wappinger. Will Mr. Riaz please step forward, and state your name. Mr. Muhammad Riaz Mr. Hirkala: You live at 33 Dennis Road? Mr. Riaz: That is correct. 1�0r. Levenson: Mr. Chairman, the notices are properly advertised in the Southern Dutchess News, and all the letters were properly mailed. I believe that at your workshop meeting the only item that you wanted was that you wanted the Build- ing Inspector to certify that the deck in that location was safe, and he has done so, by the letter you received on June 13. Page (2) Mr. Lehigh: Without enclosed room. Mr. Levenson: Without enclosure yes. Mr. Hirkala: Any questions from the Board? Mr. Lehigh: Yes, I have a couple. What was the date this deck was built? Mr. Riaz: I believe in 1985. Mr. Lehigh: In 1985, you were the owner of the property? Mr. Riaz: Yes I was. Mr. Lehigh: You have sewer and water over there right? Mr. Riaz: That is correct. Mr. Lehigh: I have no other questions. Mr. Hirkala: Any one in the audience want to comment on this? r. Johnson: I live at 31 Dennis Drive. How will this effect my property? Mr. Hirkala: Are you next door to him? Mr. Johnson: Yes. Mr. Hirkala: It should not effect you at all. He is requesting a variance for the deck that is on the other side of the house, in the rear from you. Mr. Johnson: That is toward Wildwood? Mr. Hirkala: Yes. Mr. Johnson: Does he have to give everyone notice in that area? Mr. Hirkala: Everyone within 500 feet of his property. That is State Law. Any- body else? Mrs. Saraceno: 49 Wildwood Drive. I want to know what this has to do with my property. You are saying it is in the back, what is it they are trying to do? Mr. Hirkala: They are trying to legalize the existing deck, and that it is to close to the property line. He has a deck with no permit , and he has to get a variance because the Town Zoning Ordinance states there is a minimum `ootage requirement from the rear structure to the rear lot line. He is over 'fiat minimum. so are you for or against it. Mrs. Saraceno: It is very close, you can hear every thing they say when they are back there. Mr. Hirkala: Anyone else? Page (3) Mr. Lehigh: You are the rear lot? Mrs. Saraceno: Yes. Mr. Sasser: I would like to ask Mr. Riaz, you are not planning any addition to this deck? Mr. Riaz: No. Mr. Sasser: What kind of screening do you have between your property and the other? Mr. Riaz: I have a six foot high fence, between us and the Saraceno's. I put the fence there myself because the property between my house and theirs, doesn't have 40 feet. There are trees it is not very far away, they have a back door patio which is also close. So if we don't have that we go out and we hear them of course they hear us. So the way the lot is situated there is no way the property between facing their window toward the deck, it is not facing their door, there is not much distance. Sasser: Is there some way you could screen the property? Mr. Riaz: There are plantings right now between the deck and the fence. So if you look at it there is no way I can see them on their patio, and they can see me. Mr. Sasser: I am not so much concerned about the seeing part, the noise. Mr. Riaz: I want to state here that we had some problem with these neighbors before, legal problems and so forth. I am saying we don't make noise out there we hardly use the deck, we don't have small kids running around and the trees, if I need to plant I will do that. As a matter of fact I had bushes on my property, my fence is inside two feet of my property, these bushes were very high, which they cut down. Mr. Sasser: Herb, have you seen the property? Mr. Levenson: Yes. The question Mr. Riaz is, if the Zoning Board of Appeals granted you a variance would you be willing to accept the decision and order to plant additional planting to screen the back on your side of the property. Mr. Riaz: I would do that. There was a discussion about what should be planted. *ors. Riaz: I would like to make a comment. I would like to state that the six %woot high stockade fence was put there after a disturbance at the Saraceno house. In which their son threatened us. Mr. Hirkala: Well I don't what to hear this. We are here to make a determina- tion of the State Law, whether or not there is a reason to grant the variance for a deck to close to a lot line. The reason you have that fence or anything Page (4) else on your property and what ever problems you have with your neighbors does not enter into our deliberation. We are not here to make determinations of who is right or wrong. Our problem as far as this deck is concerned is that it is to close to the lot line, and we have to make a determination based on that, and what evidence we have in front of us, based on what State Law says we can. It has nothing to do with what kind of problems you have with your neighbors. Your neighbors can say they don't want you to have it and state whatever rea- sons they might have and that is it. We can take that into consideration but it doesn't have a great amount of bearing. The thing I am looking at is the lot line, it is 27 feet, is there a variance in existence for that house now? Mr. Levenson: That is an average density situation. Mr. Hirkala: That has nothing to do with the rear lot line. There is 27 feet there, there had to be a variance to allow that. Mr. Levenson: I can't answer that because there is nothing on file and that is the way the house was built. Mr. Lehigh: Does he have a C of O on the house now? %ffr. Levenson: Yes. Everything is proper, the reason why this application is here is because Mr. Riaz is re -financing and the title company picked it up, and we hurried to get this on the agenda. Mr. Hirkala: Any body else in the audience want to speak for or against this? Mr. Saraceno: I am unaware of what is going on. Mr. Hirkala: Explained why Mr. Riaz was here again. Mr. Saraceno: In other words there is no changes, and this has nothing to do with us? Mr. Levenson: That is correct. Mr. Saraceno: Thank you very much. Mr. Brooker: Made a motion to close the Public Hearing. Mrs. Roe: Seconded. Vote: All ayes. Mr. Lehigh: Made a motion to declare and Negative Declaration. r. Sasser: Seconded. Roll Call Vote: Mr. Sasser: ave Mr. Lehigh: ave Mr. Brooker: ave Mrs. Roe: aye Mr. Hirkala: ave. n Page (5) Mr. Lehigh: Made a motion to grant the variance, subject to the Zoning Admin- istrators inspection concerning screening and landscaping, that you plant some screening to cut down on the noise. Mr. Sasser: I second that. Mr. Hirkala: So to clarify what you are saying, the screening to be determined by the this Board at a workshop meeting based on the inspection of the Zoning Administrator. Roll Call Vote: Mr. Sasser: Ave Mr. Lehigh: ave Mrs. Roe: ave Mr. Brooker: negative. Mr. Hirkala: ave Mr. Levenson: Motion to grant the variance carries Mr. Chairman with four ayes and one nay. Mr. Hirkala: Second item, Appeal # 1114 - The Zoning Board of Appeals of the Town of Wappinger will hold a Public Hearing pursuant to Section 513 of the Town of Wappinger Zoning Ordinance. At the request of James & Beverly Preuss, eking a variance of Article IV Section 421 of the Town of Wappinger Zoning rdinance, requiring a 10 foot rear yard and the applicants propose to erect a above ground pool 6 feet from the rear yard line, therefore requiring a 4 foot variance, on property located at RR1 Chelsea Road, and being parcel 6056-03-398456 in the Town of Wappinger. Mr. Preuss. Mr. Levenson: Mr. Chairman, the notice has been properly advertised and we have all but two green cards back. At your workshop meeting I believe you requested an explanation to the siting of this pool, and I believe Mr. Preuss has writ- ten you a letter that will explain why the swimming pool is going where it is. The Board had the letter. Mr. Lehigh: Since we can't see what your yard looks like, where that pool is going to sit, what is the type of topography, in other words is it level? Mr. Preuss: Yes the ground is level. Mr. Lehigh: How far distance of the sides of the pool is the circumference? Mr. Preuss: 24 Mr. Lehigh: Yes, but I mean how far is the land clear from the site? Mr. Preuss: Ok, I was going to explain that. Where I am, I'm on Hobbler Hill 'gorse Farm. The only neighbor that would be close to me is Mr. Masopust and it s all wooded area that he owns. Where the pool will go is six foot from his border. I can't move it any closer because there is tons of shale there, and it would cost me a fortune to do it. Mr. Hirkala: You mean closer to the Page (5) In Mr. Preuss: Closer to my driveway. It would cost me a fortune to have them come and do it. I don't even know if it could be done, there are large boulders of shale there, that we made rock gardens out of just to decorate it a little. Mr. Lehigh: What I am trying to get at and my concern is, you have an above the ground pool, this is up about 4 foot, so some child would have a hard time getting over the top of it, if the topography of our land is right level with it, this is what I want to know. In other words a child can't walk over and fall in. Mr. Levenson: No, I sited it and the shale is much further back. Mr. Lehigh: In other words there is four or five feet at least around Mr. Levenson: It is properly sited so that a child could not fall in. Mr. Lehigh: That was my concern. Mr. Hirkala: Any one else? Sasser: I think that Mr. Preuss has answered any questions I might have Sad . Mr. Hirkala: Any one in the audience? There was no one with any comments. Mr. Hirkala: This shale that you say is in your yard is coming out of the ground? Mr. Preuss: No, it is actually part of the ground. Mr. Hirkala: If you were going to put the swimming pool on it you would actu- ally have to raise it up or dig it out? Mr. Preuss: Yes, and they say that they can't add anything loose. Mr. Lehigh: Made a motion to close the Public Hearing. Mr. Brooker: Seconded. Vote: all ayes. Mr. Lehigh: Made a motion to declare a Negative Declaration. 11r. Brooker: Seconded. Roll Call Vote: Mr. Sasser: ave Mrs. Roe: ave Mr. Brooker: ave Mr. Lehigh: ave Mr. Hirkala: ave Motion carried. M 0 Page (7) Mr. Sasser: Made a motion to grant the variance. Mr. Brooker: Seconded. n Roll Call Vote: Mr. Sasser: ave Mrs. Roe: ave Mr. Brooker: ave Mr. Lehigh: aye Mr. Hirkala: aye Motion carried. Mr. Hirkala: Next item is an Adjourned Public Hearing. Appeal # 1101 - At the request of Herman Knoller, seeking a variance of Article IV Section 422 of the Town of Wappinger Zoning Ordinance, requiring you to maintain a 25 foot rear yard and that the proposed addition will require a 13 foot rear variance on property located at Route 9D West side in Hughsonville, know as ( Dairy Mart) and being parcel # 6157-01-015608 in the Town of Wappinger. Mr.Orzechowski: Was present and representing Mr. Knoller. VLevenson: Before we start Mr. Chairman, we have a comment from the Conser- ation Advisory Council, and one of the comments is they show concern over the increase business traffic in an already congested area, causing also increase pollution in a compressed area. And two what would be the possible modification of Health Department approval, i.e. septic system? In essence, we would not approve loosening of Health Department regulations. And my comment on two neither this Board or any other Board in the Town has any jurisdiction of the Health Department, the Health Department situation is in their hands it is their decisions and we just have to go along with them when they approve it. The other thing I would ask you to address with regard to this matter, is you have a Section in your ordinance that addresses non -conforming increase. The increase of a non -conforming one time at 50% and I would ask the Board to please consider when they review this, that they take it into consideration. Mr. Lehigh: Is this parcel in compliance right now? Mr. Levenson: Yes, in compliance with regard to the operation of this existing business, yes. Mr. Lehigh: I have been by the parcel and have reviewed the fence deteriorat- ing, and the shrubbery missing in the front, and the yard dug up. I was just wondering how could it be in compliance, when this was going on. Mr. Orzechowski: Was that just recent, I think that has to do with Central Hudson with the electric and things like that. That's the operation of the Franchisee. We have two identities here the ownership, the fee ownership and �410he franchise operation of the store. We don't operate the store, that is a franchisee from Dairy Mart. And it is his responsibility to, I think he is bring electric underground I think he is doing something. But the fence has been repaired, there are new fences now. Mr. Lehigh: Within how long? Page (8) Mr. Orzechowski: very recent. Have you been by in the last week or so? Mr. Lehigh: I was by it today but did not look at it. Mr. Orzechowski: The fences are in good repair. Mr. Hirkala: How long has Mr. Knoller owned this property? Mr. Orzechowski: 17 or 18 years. Mr. Hirkala: Any other comments or questions from the Board? Mr. Orzechowski: When I originally built this excuse me Mr. Chairman, I built this store in 19 well 17 or 18 years ago. During that time I instaled a foot- ing and foundation for an additional 3,600 sq. feet of stores. It was during that time frame of the oil embargo. Mr. Hirkala: An additional how many sq. feet? Mr. Orzechowski: The footing and foundation is I think 45 x 80, yes 45 x 80 the existing footing and foundation that is contiguous with the Convenient store. ;X80 another 3,600 sq. feet of footing and foundation. During that time we stalled black top for the total plaza. And we designed and built and con- structed a sewer system that would handle the sewage flow for 6,000 sq. feet of retail stores. At the time we built 2,400 sq. foot convenient store. We did not build the additional stores because of various reasons. Mr. Hirkala: There is an existing variance on the building that is there now? Mr. Levenson: That is correct. Mr. Hirkala: And the variance is what? Mr. Orzechowski: We have a 6 foot rear yard variance at that time. Mr. Hirkala: That was for the existing building, that was not for the footage you put in? Mr. Orzechowski: That was a rear yard variance for Mr. Hirkala: The site plan was presented to the Planning Board at this time with just the existing building? Mr. Orzechowski: No, there was no buildings on the property. Mr. Hirkala: I realize that, I am saying now. The site plan that was present to *he Planning Board and the zoning Board of Appeals for a variance request was Wised on the building construction that is there now, right? Mr. Levenson: That is the way I read the file Mr. Chairman. However the zoning Board of Appeals should understand, I call your attention to the fact that the Department of Health rules have changed from 17 years ago, and this has to be a re -submission if it is granted. This whole project will have to be re -submitted Page (9) to the Board of Health under the 1991 rules. There is a considerable change in septic and water. Mr. Hirkala: All I am doing is, you stated the fact that you put a footing in. When you put up the building you put the footings in for a much larger building but you did not put up the building that size. Mr. Orzechowski: That is correct. Mr. Hirkala: My understanding is the only way you can do that would be to have a variance for the whole thing. If the variance is only for the building that is existing today then the footing is meaningless. Mr. Levenson: We presented this case to Mr. Roberts, and Mr. Roberts informed us that the variance is, on the proposed building are no longer in effect they are over 25 years old. Mr. Hirkala: Ok. Mr. Levenson: And I might tell you that the 2,700 sq. feet addition is 113% �Aop the original 2,400 sq. feet. Mr. Hirkala: So he wants to more than double the size. There was a discussion of the Board that this cannot be done. Mr. Orzechowski: We will be willing to scale this back Mr. Chairman to some- thing that would please the Zoning Board of Appeals. Mr. Hirkala: Any comments from anyone in the audience? Mrs. Diane Sobellico: I live right across the street from the Dairy Mart. I heard you talking about the traffic problem. There is definitely a traffic problem. I had people drive through my hedges, I've had a school bus hit in front of my house that my son was on. I've had my car hit, all this is not necessarily the Dairy Mart's fault, but the traffic going in and out of there is terrible. There is a noise problem, there are people streaking in and out of there with cars, all hours of the night. You cannot get a good nights sleep when you live there. I had central air installed in my house so I can keep the windows closed during the summer so we can sleep, you can't hear the T.V, once again its not the Dairy Marts fault, but it makes the problem. There is gar- bage, everywhere and it is mostly from the store, there is kids that have fist fights there, and all kinds of stuff in the road, by the time you call the police and they get there the kids are gone. At one point when my hedge was a little taller the police use to hide behind my hedge to watch what was going on -ever there. There is a big problem over there that has to be addressed before the building or business gets bigger. My children have almost been hit by the cars trying to get in and out of there. Mr. Hirkala: Thank you, anyone else? Mrs. Relyea: We are on the north side, of Dairy Mart and I agree with her. We Page (10) In have had problems with the people and traffic. Kids in the parking lot and garbage. I also want to know how close this building is going to come towards my property. Mr. Levenson: 12 foot from your property Mrs. Relyea. Mrs. Relyea: What is the law on that? Mr. Levenson: There is a 20 foot side line, they are asking for a variance. That is why they are before this Board. Mr. Hirkala: Is there anyone else that would like to comment? Mrs. Poillucce: I live on the south side of the Dairy Mart. More then what these people have already said, lucky me my whole property runs adjacent to all their property. The way that the Dairy Mart is situated is that the back of the store has no property behind it until you come over to my side, and then it has a huge amount of property that goes toward the back. This is the only place that any kind of sewage could be disposed of. Right now the septic system is above the ground. The odor is so bad, that this February someone, I don't know kkio surveyors or who, knocked at my door and asked me some questions. And I aid have you gone over and seen that septic system? They said not only have we seen it but we smell it. I said if you smell it in February what do you think it is like in July. I thought that first of all the system had to be below ground. Secondly if this is so bad with one store what are we doing here adding more stores, is there some kind of a law that says per acreage is one septic system, or can you put 3 or 4 septic systems on a very tiny piece of property? There has to be some kind of rule. The only door to the Dairy Mart is on my side of the property, that means every delivery truck, every garbage truck, every one that has to do any kind of business in that building comes to the side. Not only do they make noise all night long, because convenient is 24 hours, but there is the peep, peep, peep when all these trucks are backed up. There is no supervision there, what goes on behind that building, it is used as a rest room, the back of the building is stained because of this situation. There is many times I've looked out and saw beer parties, pot parties, you cannot expect a young person running the convenient market inside to leave their cash register to come out and handle this. Who is going to handle this if more businesses come in. This is a very small community, we are very proud of all the businesses we have. But there is not one business besides the Conve- nient Market that draws any kind of undue noise or traffic, or traffic prob- lems. These are the kind of businesses we are looking for in Hughsonville. We just can't have any more of the noise or of the septic system or for another thing water. Where is the water going to come from to run these businesses. If you have a laundry mat or beauty parlor, where are they going to get this water? Until there is village water or sewage I think this will be a serious -roblem. Thank you for listening. Mr. Hirkala: Anyone else? The Board any comments or questions? Mr. Orzechowski: The comments from the floor are very, are recognized and every shopping center produces these same problems. It really entails more of a policing from the operation then of the Dairy Mart. We had an approval for a Page (11) M subsurface sewage disposal to accommodate a 6,000 foot strip center, of which I only constructed 2,400. Mr. Levenson: In what year? What is the stamp on that drawing? Mr. Orzechowski: Well Mr. Freidman designed it and got approval from the Dutchess County Department of Health, he worked for the Department of Health. Mr. Levenson: My question was what year was that stamped? Mr. Orzechowski: I would have to produce the documents. Mr. Levenson: If it is over five years, it is null and void. Mr. Orzechowski: I agree with you. But at that time it was approved by the Dutchess County Health Department. Mr. Levenson: But it doesn't meet the present standards sir. Mr. Orzechowski: I agree with you. %wr. Hirkala: If it doesn't meet the present standards that is what we have to go by not past. So you don't really have approval by the Board of Health. Mr. Lehigh: Your past track record is not so good. Do you see what I am saying? Mr. Orzechowski: You are isolating, you are trying to blend us into the opera- tion of the Plaza. We do not run the store. We are the landlords we do not operate the store. Mr. Hirkala: Wait a second, first and foremost the purpose of this Board at the beginning of the Ordinance, for the Health, Safety and General Welfare of the community, this Board sits for that prim purpose, ok. And I don't care if you are a landlord, or a tenant if something is wrong with that property he is going to go after the landlord not the tenant. It is up to you to straighten out your tenant. That's the way the Law reads that's the way this Town operates. Now if you have, maybe not you but you are an agent for the person who has prim responsibility for the conditions that exists, that person apparently in the past has ignored the fact that there is a community there that is concerned. The owner dumped on the tenant, the problems that exists. Mr. Orzechowski: By a lease. Mr. Hirkala: Fine, the fact still remains that if there is a violation on that property for site plan, the Zoning Administrator is going to go after the owner -ot the tenant. Mr. Levenson: I have no relationship with a tenant, none what so ever. And I will assure you that tomorrow morning at 9: o clock the Health Department will be notified that the substandard system is not working properly. Mr. Hirkala: As far as this Board is concerned and this Town is concerned the ; . Page (12) tenant and the owner are one and the same. Do you follow me? Mr. Orzechowski: Yes, from a legal standpoint, if you had a Zoning Board Attorney he would Mr. Levenson: Councel is siting right here sir. Mr. Orzechowski: Well I don't have the lease on hand, but I am sure you are familiar with what I am talking about. The day by day operation is the responsibility of the tenant. Mr. Levenson: The day by day operation of a piece of property in this Town is the landlords responsibility. We will not even address a tenant. The other thing I want to address your attention to and this Board was a party to it, we just rewrote a Zoning Ordinance. And we wrote a Zoning Ordinance specifically singled out that area, for one purpose, to have that section of our Town remain as a Hughsonville Hamlet. And we are going to guard it very closely. Mr. Saris: The legal responsibility for a tenant or a landlord, for any party regardless of the claim something for a legal forum, that is separate and dis- tinct, from the parcel as is presented and how it exists in the concern of this ening Board of Appeals. I think that Mr. Hirkala made that very clear. Mr. Hirkala: Is there any other comments from the Board? Mrs. Poillucce: Asked again if there was a law about acreage for septic. Mr. Levenson: The septic system would be addressed by the Health Department. They would have to go to the Health Department before anything could happen here. Yes, the Zoning ordinance does have a maximum amount of footage that could be put on a lot. It is in our Zoning Ordinance, that is the reason I said what I said. The increase on the proposal is 110% of the original proposal and the Ordinance only allows a 50o increase, a one time on a non comforming. Mr. Hirkala: See also your request of how many footage of property verses sep- tic system, the purpose here is to get a variance. If they are granted the variance the next step is to go to the Planning Board for site plan approval, one of the referrals the Planning Board will get is from the Health Department. The Health Department, even if we grant the variance the Planning Board might cut the size of that addition in half, because the Health Department would say that is all we will allow based on what the conditions are. Mr. Levenson: The Planning Board will not approve the site plan until such time that they have a certified letter from the Health Commissioner. And you will be getting another letter if this goes to the Planning Board when they set a Pub- lic Hearing for the site plan, at which time you will hear what I am saying to -ou coming from the Planning Board. Mr. Lehigh: If you have a problem right now with odors and smells I suggest you go to the County Health Department now. Mr. Hirkala: Any one else? Page (13) Mr. Orzechowski: Mr. chairman, I would at this time like to reduce the appli- cants request for 2,700 sq. feet, to a 50% one time addition, 1,200 sq. feet thereby conforming with front yard side back, side yard and rear yard set backs. Mr. Hirkala: That has nothing to do with us if you conform you shouldn't even be here. Are you requesting that we don't take a vote? Or are you requesting that we do take a vote? Mr. Orzechowski: Well the applicant is asking for a rear yard variance, as part of the square foot addition where by it exceeds the 50% request. Mr. Hirkala: Right now the request before us is for variances for side yard Mr. Orzechowski: No just rear yard. Mr. Levenson: This cannot be done this way, he has to bring in a new set of drawings. Mr. Hirkala: What I want to ascertain from him is actually what he is request - ng so we know exactly what direction to go in. And I am heading in the same irection you are. If your requesting a change from what is before us you are talking about a new application, because it has to be republished it has to be re-applied for, because everything you have given us is for one set of request. If the request changes you have to start all over. Mr. Orzechowski: May we then if denied come back with new plans? Mr. Hirkala: You have the right to come back if you are denied. Mr. Levenson: My recommendation to you is to adjourn it sir, because the denial is published, and I wouldn't want a denial hanging on my head. You adjourn it, you prepare a new set of drawings and I will review them and make a recommendation. There was a discussion on this. Mr. Lehigh: Made a motion to adjourn the Public Hearing for 90 days. Mr. Brooker: Seconded. Vote: All ayes. Mr. Sasser: Made a motion that Appeal # 1110 be adjourned. *yrs. Roe Seconded. Vote: All ayes Mr. Lehigh: Made a motion to go into Executive Session at 8:35PM Mr. Sasser: Seconded. Vote: All ayes. Mr. Lehigh: Made a motion to adjourn at 9 PM. Mr. Brooker: Seconded. Vote: All ayes. Very respectfully yours, Ga Ann Hardisty, S y Zoning Board F ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 (914)297-6257 TOWN OF WAPPINGER M HERBERT J.LEVENSON ZONING ADMINISTRATOR To: The Zoning Board of Appeals Town of Wappinger From: Herbert J. Levenson, Zoning Administrator Town of Wappinger Re: Muhammad Riaz - 33 Dennis Road - Grid # 6258-01-083607 Case # 1111 Pursuant to your recent decision with regard to the above matter the undersigned made an on sight inspection of the parcel. Firstly, Mr. Riaz has a 6 foot fence properly erected inside his property line. Secondly, Mr. Riaz has five trees approximately 18-20 feet high inside his property line. Thirdly, there is approximately 15-18 feet of privit hedges in between two of the large trees that stand approximately 4} to 5 feet high. Mr. Riaz stated to me at the on sight that Mr. Saraceno has cut these hedges down 1} to 2 feet. Accordingly the undersigned finds that Mr. Riaz has adequate screening and does not warrant any additional screening. HJL/gah cc: ZBA files 0 Very truly urs, Herb J. L son, Zoning Administrator ,,:.'town of Wapp nger