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1992-08-25n Town of Wappinger Zoning Board of Appeals *,,,,ugust 25, 1992 Minutes Meeting was called to order at 7:30 P.M. Members present Mr. Sasser: Chairman Mr. Lehigh: Member Mr. Brooker: Member Others Present Mr. Levenson, Zoning Administrator Mrs. Hardisty, Secretary Fn Page 1 Town Hall 20 Middlebush Road Wappinger Falls, N.Y. Mr. Hirkala: a'rman Mr. Bitterl dL�D OC1 1 3. 92 MOMS kJ RAMOM ❑ Mr. Sasser: We are here tonight for an adjourned public hearing. Appeal #1137 - for Edward and Ann Williams. Mr. Lehigh: Made a motion to open the adjourned public hearing. Mr. Brooker: Seconded. 1%.r. Hirkala: I have a question. Can we legally keep the case going without any representative or anything here? Mr. Levenson: Yes. Mr. Sasser: I think so. I haven't read anything that compels someone to appear. Mr. Hirkala: Ok, because in the past what we have done is adjourn cases were there is no representative at all. Mr. Sasser: Well we told them at the last meeting when they told us they were not going to be here, and we asked them if they wanted us to go ahead, and they said yes. Mr. Hirkala: Ok, I just wanted it to be known that in the past we have adjourned public hearing because no applicant or representative showed. Mr. Sasser: I have a motion and a second, all in favor? Vote: All ayes. Mr. Sasser: Ok, the public hearing is open. There was a site inspection that was held on August 17th, and at that inspection was myself and Herb and Al Lehigh. r. Hirkala: For the record I got there about a half hour after you guys. `4.• Mr. Bitterlich: For the record I went the next day. Page 2 'WOO Mr. Brooker: For the record I went on the 12th. r. Sasser: My personal observation was that I believe it blends in with the neighborhood fine. I don't think it is any problem. Also I would like to say that the applicant has notified us that the individual who was here at the meeting, and objected to it, at the public hearing was not the owner of the house. Mr. Hirkala: What? Mr. Sasser: The person that was here and objected. Mr. Hirkala: Their representatives? Mr. Sasser: They were not the owners of the house it was a relative who was renting the house. Mr. Lehigh: The daughter. Mr. Hirkala: They should have notified us of that. Mr. Sasser: Yes, they didn't tell us that. However I would like to say, that is what the applicant has told us, we haven't verified that. Mr. Hirkala: If that is hearsay, and I don't think that, that is part of the record, because there is nothing in writing. Do you understand what I am say - ;ng? Mr. Sasser: Well she called the Town and reported it. Mr. Hirkala: I hear you but that's still not part of the record. Mr. Sasser: And when we were at the meeting, the site, well it is a part of the record only because I am saying it, and I was told that. Mr. Hirkala: I hear what you are saying Joel, but I don't want to be a hard time Charlie here, but this is conditional function, we have to have proof of what people say. Mr. Sasser: We don't swear people in. Mr. Hirkala: We can. Mr. Sasser: We don't, and we didn't swear this person in. Mr. Hirkala: But that is irrelevant. Mr. Levenson: Why don't we end the discussion and we will check the tax record tomorrow, and see who the owner is and verify it. Mr. Sasser: I see no need for that. Tr. Hirkala: I have no problem with that or otherwise. The problem I have just �%Oiike I have said in the past on a few other items, I hate to keep harping on this. Somebody tells me something, I am not going to believe it, I want to see Page 3 it in writing. *%"r. Sasser: We don't swear anybody in. Mr. Hirkala: I don't care, I still want to see it in writing, it's my right to ask for it. Mr. Sasser: Did the person who objected give us something in writing? Mr. Hirkala: No, but they are at a public hearing as a matter of record. You are saying somebody called you, that is not a matter of record. Mr. Sasser: No, she told me, Herb and Al. Mr. Hirkala: But that's still not a matter of record, she should be here saying it. Mr. Sasser: Disregard it if you want to disregard it. I wanted to tell those persons that did not know that, that's what was said to me. Mr. Hirkala: I'm not saying it's not right either, possibly you are right. But I don't know that for a fact. It's not fact, and we deal in facts, we don't deal with what somebody said over a telephone yesterday or the day before. Mr. Sasser: Does anybody have any comments regarding it? Mr. Bitterlich: I don't see any problems with it either. %4Mr. Brooker: I don't see any problems. Mr. Bitterlich: I think it blends right in with the neighborhood. Mr. Sasser: Al? Mr. Lehigh: I don't see any, I don't personally care for it, I see no reason why the applicant can't have it, I see nothing in the rule or regulations gov- erning this, that says we can stop her, so I would have to say that I go along. Mr. Sasser: Mike, do you have anything to say? Mr. Hirkala: As far as the application is concerned I don't think we can deny them the application, I think they have a right to it. I certainly feel that a condition is warranted on the application, in that the people requested, the applicant stated that they would no longer have a walkway around that side of the house to access the backyard. And I think that should be part of the var- iance, as a condition, and I also think there should be something in the con- dition, some condition in the variance that protects the neighbor, landscaping or something. Mr. Sasser: Well there is mature landscaping there. Mr. Hirkala: Yes, but once you start digging that mature landscaping is going. 'hat tree is going to go. Do you know what I am saying? Ikew Mr. Sasser: But looking at the site Mike, if they put a garage, are they putting Page 4 a bedroom over it? Ift9r. Hirkala: Yes. Mr. Sasser: If they put a garage and a bedroom there, which is in affect a one in a half to two story structure that is going to be there, there really is no landscaping that they are going to be able to put on that lot, which is really going to screen that from the house next door. Mr. Hirkala: I am not talking about screening, I am talking about something to make an aesthetic value to the property that is being removed. What is there now has an aesthetic value to it, there is a tree there is some landscaping, and I think it is nice. And if you add 12 feet on to it, and come within 13 Loot of the lot line, you are going to remove that tree number one, and there is going to be some landscaping that is going to be removed. Mr. Lehigh: Isn't that tree on the other persons property? Mr. Levenson: Require that there be some landscaping maintained on the dividing line. Mr. Lehigh: I have no problem with that. Mr. Sasser: I have no problem with that. Mr. Hirkala: Replace the tree with a young one or something like that. I%wr. Sasser: I have no problem with that. Mr. Lehigh: That sounds sensible to me. Mr. Hirkala: Normally this would be something that the Planning Board would be dealing with on a site plan approval, but this is not a site plan approval. This is a simple building permit. so there should be some conditions set there that would protect the, because we are encroaching on the side line, and there is a impact on the neighbor. Mr. Sasser: I have no problem with that. Mr. Lehigh: I have no problem, I think that's common sense. I think we may need a motion to close the public hearing. Mr. Sasser: Are there anymore comments? Mr. Lehigh: Made a motion to close the public hearing. Mr. Bitterlich: Seconded. Vote: All ayes. Mr. Lehigh: Made a motion for a Negative Declaration. ir. Brooker: Seconded. `fir Mrs. Hardisty: Mr. Brooker: aye Mr. Bitterlich: aye Page 5 Mr. Lehigh: aye Mr. Hirkala: aye Mr. Sasser: aye Motion carried. Mr. Lehigh: I think I will let Mike make the motion for the variance, with the Mr. Hirkala: I don't care who makes the motion. Mr. Lehigh: Why don't I make the motion. I make the motion that they be granted the variance with some landscaping, possibly to look as good as it does right now with the tree, replacing that tree, and that the walkway to the back yard be changed to the other side of the house, as the applicant said she would be glad to do. Mr. Hirkala: Clarification of landscaping, I don't want to see the people put in the position that they have to replace a tree that is 30 feet tall. Mr. Lehigh: No, with a reasonable size tree. Mr. Sasser: Or you can just say replace the tree. Mr. Lehigh: Yes. Mr. Hirkala: Seconded. loll call vote: Mr. Brooker: aye Mr. Bitterlich: aye Mr. Hirkala: aye Mr. Lehigh: aye Mr. Sasser: aye Mr. Sasser: Motion carries, I will give you a call tomorrow and write the decision. I don't think there is anything else on the agenda tonight, but there is one thing that I wanted to bring up. Back in January when I first became the Chairman, I said that I was going to speak with each applicant that came before us, to try and make them feel comfortable, and explain the process to them. I stopped doing that very shortly thereafter, and I am going to re -institute it. I think that every one here knows that we have had a couple of complaints, that people felt that they weren't treated quite fairly. I just think, from my own personal observation I don't think there was anything said here that was out of line. What I believe is happening perhaps is when people come before us, they are intimidated and on edge. And anything we say or do is magnified. That is how I feel, so I would just like us to be as careful as we can, to make people feel as comfortable as we can. Mr. Hirkala: As long as you brought that subject up, I have to put my two cents in because I am the subject of the subject. The Supervisor felt the need to call me and leave a message on my machine, to the extent that, complaints were made against me, because of my treatment of clients. I listened to that tape, and my personal feeling is, and that is something that has to be done between the Supervisor and myself, and I personally feel that the Supervisor owes me an apology. Plan and simple, because she once again jumped the gun, and didn't know from where she was talking. She could have listened to that tape and made determination that there was nothing wrong, and told this person that there *Was nothing wrong and that would have been the end of it. But instead she chose to jump on my neck and make an issue out of it, when there was no reason to Page 6 have an issue, there was no issue. The treatment this woman had, I think was stwire then fair, regardless what her husband had to say. Because he told me then I was out there that I belittled her. I said, were you at the meeting? He said no, my neighbor told me. So I said, when you read the minutes of the meeting, you make a complaint based on the minutes of the meeting. He proceeded to keep going at me, and it got to be a fairly bad situation. I think that the fact is that we sit on this Board and it could happen to anybody here. We sit on this Board and people come before us, and by nature, the nature of the Board, there is trepidation for somebody coming before this Board. Mr. Levenson: That's absolutely right. Mr. Hirkala: And whatever can be done from an administrative standpoint that could alleviate some of that trepidation that is fine, I have to agree with that, I have to go along with that and I think that it is a good idea. Mr. Sasser: Not only from an administrative standpoint, I think that we should be as careful as we can. Mr. Hirkala: There are time when you can't question an applicant, because the applicant before us here, has no knowledge of what we are looking for. And we have to give them some idea of what we are looking for by asking questions. And sometimes those questions can get somewhat hairy, or the questions could get hairy by just simply trying to answer the questions, because there is a fear factor. That is their problem, it is not our problem, we have to deal with it, but the fact of the matter is we have to have answers. And I am not going to -it here on this Board and make decision based on some ones inability to stand wefore a group and answer questions. Mr. Sasser: I would never ask you to do that, nor would I never ask you not to ask any questions that you need in order to make a decision. Nor was I addres- sing what I said toward you. Mr. Hirkala: I realize that. But I wanted, the subject was brought up, and quite honestly I was sitting here thinking how can I bring the subject up without making a stink out of it. Well you brought it up so I figured I would make my comments for the record, because I think it has to be. Mr. Sasser: Ok, does anybody have any further business? Mr. Bitterlich: Made a motion to adjourn. Mr. Brooker: Seconded Vote: All ayes. Meeting was adjourned at 8:15 P.M. Very respectfully yours, 4GaArnn Hardisty, S Wy In Town of Wappinger Zoning Board of Appeals August 25, 1992 Agenda - 7:30 P.M. Adjourned Public Hearing In Town Hall 20 Middlebush Road Wappinger Falls, NY 1. Appeal # 1137 - At the request of Edward and Ann Williams, seeking a vari- ance of Article IV Section 421 of the Town of Wappinger Zoning Law where you are required to maintain a 20 foot side yard and you are building an addition 11 feet from the side yard, therefore requiring a 9 foot variance, on property located at 7 Scott Drive, and being parcel #6257-02-910632 in the Town of Wap- pinger. OR