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1992-01-28Town of vi,ppiilg#-!r Zoning Board of Appeals, January 2s3, 1992 Minutes Members Pr e_�elifi Mr. Sasser - Chairman Mr. Hirkala Mr. Brooker Mr. Lehigh Mrs . P( -)e others Present Mr. Levenson - Zoning Administrator Mrs. Hardisty - Secretary, Planning & Zoning Boards Meeting was called to order at 7:30 P.M. Town Hall 20 Middlebush nd. Wappinger Falls, N.Y. I�^1pP�Od[�D 2DNING BOARD OF APPEALS 'moi PLANW BM Mr. Sasser: Will the Zc_;niiig Administrator call the roll please. { Levenson, called the roll, all members were present. Mr. Sasser: The first iteril is the minutes of December 10, 1991. Mr. Lehigh: Hade a motion to accept the minutes. Hrs. Poe: Seconded. - Vote: 4 ayes, 1 abstained - Mr. Hirkala because lie wasn't present for that meeting. Hr. Sassei.: Second thing, did every one receive a copy of the newest dates? We changed the public hearing dates with the workshop dates, and Gay put out a new sheet, our next meeting will be a public meeting, not a workshop. iIr. Leven on: That Is c=orrect, and as of this moment Mr. Chairman, we don't: have any cases for deur wort -.shop meeting, at the end of February we will have two cae s . Mr. Sasser: You call t;211 if you have the correct one, the February 11th meeting ;should be a public meeting. If anyone doesn't have it Gay will get you a coi- r ,-:t one. You should all understand that this is a guide, if anything comes lip Cai1 vlork them ill. Sasser: The third ord-=r of business, we need to have a Deputy Chairman for e ZEA. I have spo);en with Mike, he has agreed to do that. I presume Herb, that this meds to be done by motion? Iir. . Leveiisaii : yes. Page 2 Mr. Sasser: Can I have a motion for this please. Mr. Lehigh: Made the motion to appoint Mr. Hirkala, vice chairman of the ZBA. Mrs. Roe: Seconded. Vote: Hr: Brool;.er : Nay Mrs. Roe: Aye Mr. Lehigh: Aye Mr. Sasser: Aye Motion Carried.. Mr. Sasser: And the final thing before we move on is that Alberta, has informed its that this: is her last meeting. She is not re -appointed to the ZBA, and I thin],, I have only been working with you for a year, and the rest of the people have worked with you a lot longer, and I think the Board, I speak for all of them, than]: you, for all. you have done. sometime this is very thankless, I have come to find out, there is not a lot of compensation that you get with it. Mrs. Roe: There is a lot of compensation, it all depends on how you look at it. Air. Sasser: I think we owe you some thanks. . Roe: Thank you.. mr. Sasser: The first appeal tonight, a public hearing Appeal 4 1123 - At the request of Wesley & Diana Cele, seeking a variance of Article Iv Section 421 of the Town of Wappinger Zoning Law, where you are required to maintain a 5 foot rear and side yard., and the applicar►t is showing an erected pool 3 feet from the re.ar and side, therefore requiring a 2 foot variance, on property located at 6 Seneca .Lane and being parcel 4 6157-02-512550 in the Town of Wappinger. Has there been proof of publication',' Air. Levenson: 'There has been proof of publication and the notices have been sent to the adjoining property owners. Mr. Lehigh: Made the motion to accept the proof of publication into the records. Mrs. Roe: Seconded. vote: All ayes. Motion carried. Mr. Sasser: I,; 14r. or Mrs. Cole present? Mrs . Cole, Was present . . Sasser: Mrs. Cole, just so the I know that you understand what we are doing here. This Board has been created by the Laws of the State of New York, an it allows you to appeal a decision by the Zoning Administrator, that your request doesn't strictly follow Town of Wappinger current Zoning Laws. We are an Page 3 appellant bou.y here, who's purpose is to allow certain variances to be granted, provided t:hesr meet certain criteria under the terms of the Law. After you present your c:aSe to its, and the public is allowed to spear., a vote will be taken either to approve or deny your request. If at any time you feel you need an adjournment you are entitled to reasonable adjournments. If you are denied you have the right to ask for another re -hearing, to present any new evidence that you may not have presented the first time. If your re -hearing is denied, your recourse is to file a Article 78 proceedings to the Supreme Court. Tonights Bearing Will be conducted informally, so if there is any questions you have along the way please stop us, ask us and we will be happy to help you. can you tell us what you are here for? Firs. Cole: The pool was there when we bought the house, we were re -financing and the ban]: told us that there was a C of O needed on the pool. Mr. Levenson: Mr. C'hairmcni, if .1 may. This was created by the banking institu- tic'ins, they want a C.O. on everything. The bank appraisers go out and appraise the property and then they come in and check with us, what has C of Os and what doesn't. Theti they held up the applicant if the C.O. is required. Sasser: The pool is filled with water, and has been there a long time? Ilrs. Cole: Yes. we are re -financing with a bank and they came back and told us we could not have our re -financing because there is no C.O. on the pool. Hr. Hirkala: How lotig have you lived there', Mrs. Cole: since the beginning of 1983. Hr. Sasser: we discussed this at our workshop, should in fact this be granted if granted. contingent upon when the pool is finally taken down to be re -planed that it be moved 2) feet to bring it into conformity with the Zoning Law. It seems to me it would be a financial hardship for the Cole's to have to drain this old pool and try and move it, it might not survive the move, and then put it back up again. Mrs. Cole: I think the reason they put it where it is, is because it is out of the way of the septi(. system. Mr. Hirkala: Everything in that development is a problem anyway. Mr. Lehigh: I have cne question on the size of the pool. There is no fence around it .right:' Mrs. Cole: Yes, there is a fence around the yard. Lehigh: And the sides, of the pool are how high? Mrs. Cole: 4 feet. it is an above ground pool. Mr. Leven cii: We c1n't issue a C.O. Mr. Lehigh, unless there is a fence, that :is State I aca, there must be a fence around the pool. Page 4 mr. Any other quesLions? Mr. Brooker: I move that the public hearing be closed. Mr. Sasser: we haven't opened the public Bearing yet. I would like to have a motion to open the public hearing. Mr. Hirl.ala: Made a motion to open the public hearing. Mr. Lehigh: Seconded. vote: All ayes Mr. Sasser: Is there anyone in the audience that would like to speak for or again .t this appeal? rhere was no one. Mr. Hirkala: made a motion to close the public hearing. Mr. Lehigh: Seconded. Sete: All ayes. Motion carried. Mr. Lehigh: Made a motion to declare a Negative Declaration. Mr. Brooker: Seconded. Mr. Sasser: All in favor? Mrs. Hardisty: Excitse me, you need a roll call vote on the Negative Declara- tic-,ri. Mr. Leven on: Mr. Lehigh: aye Mrs. Roe: aye Mr. Brooker: yes Mr. Hirkala: aye Mr. Sasser: aye motion carried. Mr. Lehigh: Made a lliotion to grant the variance, with the condition that if the pool is moved that it must be re -placed to conform to the current set backs. Hr. Brooker: `ieccmdl.ed. 11 Call vote: Mr. LE,high: aye Mrs. Roe: aye Hr. Brouker: aye Mr. Hirkala: aye iii'. Sasser: aye I"Iot:ion caLrled. Page 5 Mr. Sa:-,ser: Next item is an adjourned public hearing Appeal :� 1117 - At the request of ,James Daly, owner of the Auto Glass Shop seeking a variance of Article IV ,ectioii 422, for additions to existing building where it is required to maintain a '75 foot frontage, applicant requires a 22.6 foot variance oil the North Nide of the building and a 17.1 foot variance on the South Side, on property located on Route 9D and being parcel 4 6057-04-819102 in the Town of Wappiiiger. . Mr. Levenson: Mr. Chairman, I believe this matter was adjourned for the pur- poses of the applicant presenting information that would aid you in making a decision. Mr. Daly was ill at the last public hearing, and is now making an appearance in his own behalf. Mr. Sasser: Mr. Daly, you were doing to present some additional information to the. Board? Mr. Daly: Yes, sir I did. Mr. Leveils01.1: I believe you have it Mr. Chairman. It is a letter from Mr. Daly oil the Old State .Auto stationary, that we received on December 6th, citing some instances of invoices that lie pays for now, as compared to what lie would, it would cost him if lie had the glass shop on the property. Sasser: Are there any qurestions from the Board? Hr. Hirhala: The question I have is the variance request. If I remember right Herb, the variance request is for a north side, side lot? Mr. Levenson: Required to maintain a 75 foot frontage on the north side requi- ring a variance of 22.6, oil the south side requires a 17.1 foot variance, Article IV Section 422. Mr. Hirkala: 75 foot frontage, 22.6 on the north and 17.1 on the south? Hr. Levenson: Correct. Mr. Hirkala: What is the requirement on the north? Hr. Levenson: 75. Hr. Hirkala: on the side line? iirs. Hardisty: No, it is all frontage. Mr. Hirl�ala: There is no side lot variance? Mr. Levenson: Flo, it is all frontage. Hirkala: well, On the side line lie has 30.9 with the new addition? Hr. Daly: 25. Page 6 Mr. Hirkala: And 25 is the requirement? I-ir. Levensoli: Yes, sir. Mr. Hirkala: What about the north side? Mr. Levenson: What about the north side? Mr. Hirkala: The north side is adjoining residential district. Mr. Levenson: It is all nolo-conforming. igr. Hirkala: That property to the north of this property is woods, and it is zoned residential. Mr. Levenson: Fut thz:re is a big distance Mr. Hirkala. Mr. Hirkala: What is the set back'? Mr. Levenson: The set back from where? Mr. Hirkala: on the north side. 14 iY. Levenson: He has more then enough space in the rear Mr. Hirkala. Mr. Hirkala: Nc-,, I am talking about the side lot. Mr. Levenson: The side you are required 25 feet, and he has 30.9. Hr. Hirkala: That is what I am trying to tell you, he is adjoining residential, isn't adjoining residential require more then 25 feet? Mr. Levenson: No. Hr. Hirkala: I think it does. Mr. Dale: Ez.cuse me but who's property are you talking about? Hr. Levenson: Crawford. o, .you are talking about that side. He has 40.6 plus or minus,, on the north side. ,1r. Hir;.ala: It is adjoining residential property, now what is the zone on re idential ]�ropert:y? Mr. Levenson: I have to ciet the book. Iver. Hiz-?gala: The zone for this property doesn't hold true on that side line any because I it is a.O.joining residential property. ThF,re k�7aS a. oii what the zone was. Im Page 7 Mr. Hill.ala.: If it is N.B. the side lot is 20 feet. Abutting residential., where a lot abuts land in a residential district the most restrictive set back . requirement of either district shall govern. What I want to find out is what the zone i4 there and what is the most restrictive set back is? See what I am saying? Mr. Sasser: Yes, I do. Mr. Daly: Is Crawfords, residential then? I11r. Saser: Yes. Mr. Hirkala: Well :.according to my map here, what it looks like your property abuts residential. The zone on the residential looks like it is R-40/80. What is the side lot? Firs. Hardisty: I believe it is 40 feet. 1,1r. Sasser: :Yes, it is 40. Mr. Hirkala: He has 40.6 so that answered my question. Sasser_: Mr. Daly, you provided us these figures to show us financial hard- ip? Por. Daly: Yes. There was a discussion on this. Mr. Sasser: Let me ask you this, do you feel that you are under a hardship financially right now, without this business? Mr. Daly: Yes, as a matter of fact I am late on my taxes as you can prove if you walk around the corner. Mr. Sasser: That i<; what I was looking to hear, I wanted to know from you if you were having a financial hardship, as a result of not being able to do this business right now. Are there any more questions from the Board? Mr. Lehigh: Made a motion to re -open the public hearing. Mr. Hirkala: Seconded. Vote.: All ayes. 14r. sasser : Is there any one in the audience that would like to speak for or againF-;t this? _re W.aS 110 011e. Hr. Brooker: Made a motion to close the public hearing. n L Mr. Lehigh: Seconded. Vote: All ayes. Mr. Lehigh: Made a motion to declare a Negative Declaration. Mr. Hirkala: Seconded, for the purpose of discussion. Mr. Sasser: Discussion. In Page 8 There was then a discussion about the driveway that came up to Mr. Daly's property, this was owned by Central Hudson. Mr. Daly, explained that this was used by some of the neighborhood kids as a shortcut. Mi:. Hirkala: Asked lir. Levenson, to get in touch with Central Hudson to try a cl�,Se this off. Mr. Levenson, said lie would ask them. Roll Call Vete: t.i.on Carried. Mr. Lehigh: aye Mr. Brooker: aye Mr. Sasser: aye 14r. Brooker: Made a motion to grant the variance. Mrs. Roe: aye Mr. Hirkala: aye Mrs. Roe: Seconded. _ Roll Call Vote: Hr. Lehigh: aye Mrs. Roe: aye Mr. Brooker: aye Mr. Hirkala: aye with comment. Mr. Sasser: aye with comment. Mr. Sasser: Mr. Daly, has proven to me that there is an economic hardship, on the bases of that I am casting my vote as aye. Mr. Hirkala: I am concerned about that driveway, and I would like to make it part of the motion that the Zoning Administrator follow up on this, and see what can be done. Mr. Levenson: Tomorrow morning I will write a letter. Mr. Brooker: It is my motion. Mr. Hirkala: I realize that. who made the motion to grant? Mr. Sasser: well it is not necessary, the motion was made and voted on, and z' rb said he would do it without being part of the motion. Thank you sir. .re is one final matter that I need to bring up before the Board, everyone received a copy of the Fay decision I presume. I have received a letter from the Town's Counsel, naturally the Board has the right to appeal that decision if they so choose, we have been advised by Town Counsel not to appeal it. My Page 9 feel is, I would not like to see it appealed because I don't think the Town should spend anymore money on it. The Board was willing to go along with this. Mr. Lehigh: Ha.de a motion to adjourn the meeting. Mr. Brool:er: Seconded. Vote: All ayes meeting was adjourned at 9: P.M. Very respectfully yours, Gay In Hardisty, etary Planning & Zoning Boards ebv �wmn of 7vPPI.yer LsniLq Bcard Df Appeals :3n.7r� 10. Pk' . indA - W P.A. : . A:O I ;V0 � �t A iLuza& Df jecem Der 10 . 190 , F1 Town W11-1 20 vidalshush !I,,' Wapg1poEy FnI.1 1, -y 1� SEcrian 421 A As Tmn of Wappinger Zoning Law, whew y_ _iv-- t� mnitvin a 1 foot near and side yari. and tho applicant is shvwin-,� &n �zvcned :vn. 2 feeL irm As mar and SME. thero&Ue reqKMOY a 1 ycz.ln�m O� OfcParzY 1D;aTeC at 6 Seneca Lane and being parcel in tke Town ot Wappingm. 't ziAn Oe Requos! of james, cmer CLL ih- aseling a vaziLion of Aytizis 1V Section 4111. for additi,�,,-,- t�:; emsvm� t.ulid- :rg store it in required to maiatain a 7E fact frontage, applicant req�iysy the bnildinq and a --ccu %aiiannm on On North Side of 17.1 fcot va,jonLt %we �.w touch 3.dy, on properny located on Route 9D aM bring parka! ,jr5---4-EIOIU2 Tn tno Town rt Wappingez.