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1992-08-11own of Wappinger Zoning Board of Appeals August 11, 1992 Minutes Members Present Mr. Sasser: Chairman Mr. Lehigh: Member Mr. Brooker: Member Others Present Mr. Levenson: Zoning Administrator Mrs. Hardisty: Secretary to the ZBA n Page 1 Town Hall 20 Middlebush Road Wappinger Falls, N.Y. Mr. Hirkala: vice Chairman Mr. Bitterlich: Member OCT 1 3, 92 Meeting was called to order at 7:30 P.M. o Mr. Sasser: The first item of business tonight is the "A"nof Jul 14th, 1942. Gay I have two minor changes, on page 6, the second paragraph the word should be "neither", and on page 11, the third line down, under nurlber 2, "there are no", no should be inserted there. Mr. Lehigh: Made a motion to approve the minutes with corrections. Mr. Hirkala: Seconded. Obote: All ayes. 1­ir. Sasser: The first item tonight, the first public hearing is Appeal 4 1137 - At the request of Edward & Ann Williams, seeking a variance of Article IV Sec- tion 421 of the Town of Wappinger Zoning Law where you are required to maintain: a 2v foot side yard and you are building an addition 13 feet from the side yard, requiring a 7 foot variance, on property 'Located at 7 Scott Drive, and being parcel 46257-02-910632 in the Town of Wappinger. Do we have proof of ou1Dl ication? Mr. riardisty: Yes, we have proof of publication and we have received all the careen cards back. Mr. Hirkala: Made a motion +L -.c accept proof of publication. Mr. Lehigh: Seconded. Vote: All ayes Mrs. Williams was present. Mr. Sasser: You are looking to put an addition on is that correct? Mrs. Williams: Yes. Sasser: Will you tell us what you need and what you would like to do. Mrs. Williams: A garage with a bedroom on top of it, I have 4 children and i En Page 2 In *,,,,,.eed the -room upstairs, and the garage being that I would like to put my car in the garage due to vandalism. Mr. Sasser: Does the Board have any question of Mrs. Williams? Herb have you been to the Site? Mr. Levenson: Yes. .qtr. Sasser: And is there any other reasonable alternatives? Mr. Levenson: No, because of the location of the swimming pool. Mr. Lehigh.: How about the other side of the house? Mr. Brooker: There is a power line there. Mr. Hirkala: This is a 100 foot wide lot? Mr. Williams: 100x 190. Mr. Hirkala: How wide is the addition? Mr. Levenson: It is 12 feet by 37 feet. Mr. Hirkala: You are presently how far away from the lot line? '%Wr. Levenson: It is 25 feet from the side. Mr. Hirkala: I guess I am confused here, if she is requiring a 7 foot variance, that means she needs a 20 foot requirement, so she will be 13 feet from the lot line. Mr. Sasser: Right. Mr. Hirkala: If she is 20 feet now, she is going 12 and be 13 feet from the lot line. Do you hear what I am saying, that is what's confusing me. If she is 20 feet from the lot line now how is she coming out 12 feet. Mr. Levenson: It should be an 8 foot variance. Mr. Hirkala: No, it should be more then that. If she is 20 foot now, she is at- minimal. tminimal. Mr. Levenson: She is coming out 12 feet. Mr. Sasser: It would be an 8 foot variance. Mr. Hirkala: No, it would be 8 foot to the lot line which is a 12 foot vari- ance. Mrs. Williams: It is 25 feet. VIZ. Hirkala: It shows 23.0 feet. Mr. Levenson: It is 25 feet on that side, it should be a 13 foot variance. M Page 3 In Hirkala: If she is 25 foot from the side line, the completed addition would be 13 feet from the side line which is a 7 foot variance. Mr. Levenson: That is correct. Mr. Sasser: so it is written correctly. Mr. Hirkala: It is written correctly the map is deceiving. The map says 23.2 c 23.'6 at the back corner. Which puts it out of whack because now you are 13 foot it. is 11 foot which makes it a 9 foot variance instead of 7. Mr. Sasser: Herb, the math is incorrect? Mr. Levenson: Well this is the survey. Mr. Hirl,_ala: It says 23.06 in the back. ids. Sasser: So there is a possibility that you are looking for a 9 foot vari- ance, .s that correct? I think what we should do is amend this right now to a 9 fo::;t request, and then if it is 7 feet, then this is correct then. Mr. Levenson: We will go and check this. When they put the footing, in we will go and check this. Mr. Hirkala: Well how does that effect the public notice? *Awqr. Levenson: You can amend it. Mr. Hirkala: ?formally it would have to be reissued. Mr. Levenson: You can amend it. Mr. Sasser: But we can't give her a 7 foot variance, and then have her build 9 feet from the property line. Mr. Levenson: so you change it to 9 and if it is 7 it is less restrictive;. Mrs. Williams, amended the request, and Mr. Levenson had her initial the application. Mr. Lehigh: This is a ranch house? Mrs. Williams: A raised ranch. Mr. Hirkala: And your garage is presently under? Mrs. Williams: Yes, we have a one car garage. Mr. Hirkala: You have a one car garage under the house and you are going to put an ac;dition on the side with a garage under, with addition 2 rooms upstairs" ,*,,,rs. Williams: We are putting two and losing one, because the one room my son is in is to small, we are going to make that a closet. Mr. Sasser: I would like to open this to the public. Is there anyone in the Page 4 % udience that would like to speak for or against this? Mrs. Hanley: 9 Scott Drive. We are opposed to the granting of this variance for the reasons as stated. We feel that it would negatively impact the value of our property, by having another resident so close for resale. Due to the closeness of the building and removal of current landscaping our privacy would be greatly reduced. Grading the property would effect the drainage of our property. our landscaping would be extremely vulnerable to construction due to damage of root system, landscaping is irreplaceable. There is no other building in the vicinity which has any building sideways. In the event of a emergency such as fire both. building would be in jeopardy. Mr. Brooker: How far is your house from the property line? iirs. Hadley: 27 feet. Mr. Sasser: Thank you very much. Is there anyone else who would like to speak for or against this? Mr. Brooker: You have one car garage how many cars do you own? Mrs. Williams: Two. Mr. Brooker: Are they all one car garages in the neighbor? rs. Williams: There are two car garages, but they are side driveways. Mine is Front, I face the front. Mr. Sasser: Mrs. Williams, to your knowledge is there any other home in the area that have additions on them of the nature that you are proposing, Mrs. Williams: I really don't know. Mr. Hirkala: If I may, you say that the rest of the houses in the area have side access? Mrs. Williams: With driveways that you drive down and into like across the street. Mr. Hirkala: Why isn't your house that way? Mrs. Williams: our side of the street is that way. My side of the street all of the driveways are facing the front, across the street if you have a double garage you drive down to your garage and turn into it. Mr. Hirkala: To your knowledge are all the lots on the street 100 feet wide? Mrs. William: They vary, smaller as a matter of fact. N11r. Levenson: You have lots of 90 and 85 footers. You go up and down Scott Orive you don't have 2 lots the same. Mr. HuScher: I live at 6 Scott Drive right across the street. The houses across the street are low ranches, you have low ranches and high ranches. The low ranches have the driveways on the side like she said, and she lives in the higil M Page 5 anch that comes in the front. M Mr. Sasser: You live across the street. Do you have any concerns or comments regarding this matter: Mr. Huscher: No, I have no problem with it. Mr. Hirkala: How wide is your lot? Mr. Huscher: I believe I have one of the largest lots there, at least 100 front. Mr. Sasser: Any other questions? I would like to ask Mrs. Williams, what is the stage of your action right now, have you secured a builder? Mrs. Williams: I have received estimates, I have not signed a contract, due to tonight. I have also made provision for privacy for the people next to me if this goes through. I wanted to let them know. Being that I have 4 kids there is a lot of children coming in and out of my yard, so they do see a lot of activity. With the addition I have paid $1,500.00 extra dollars to a builder, to take my entrance and go to the other side, to give them that privacy, so there will be nobody moving on that side, the Hanley side of the house. it is 51,500 dollars extra for me, but I figured I would give them that much privacy, where there is not people walking into the back. fir. Hir!_ala: I don't understand what you are talking about. Mr. Sasser: one of Mrs. Hanley's concerns was Mr. Hirkala: I understand the concern, but I am trying to figure out how she resolved the concern. She said to move the entrance, what entrance? Mrs. Williams: In other words the walkway to go to my backyard. It is on the Hanley's side of my house. I am now changing that if I get the addition, I am changing that and I told the builder to put a walkway on the other side. Pair. Hirkala: In other words that entrance to your backyard will be on the other side of the house. And that side of the house will be just landscaping and that's all? Mrs. Williams: Correct. Mr. Hirkala: Is this on the ground? Is it level ground? Mr. Levenson: It has about a 10 grade. Mr. Hirkala: Side to side? Mr. Levenson Yes. Mr. Hirkala: What is the low side? Mr. Levenson: The low side I think is in the front, all the way in the front. It does up on a 10`, grade. I wasn't here when they were built, but it looks like that side was filled to raise them up so they were high enough. M Page 6 In ,r. Sasser: Are there any further comments from the Board or the public? Mr. Lehigh: Well if you are worried about fire, you have the 27 plus, it is 30 feet, that isn't really very much either. Mr. Sasser: Well that is a very good point. Mr. Hirkala: You Have in our neighborhood where Brooker and I live, there are houses that are, that were originally built in a R-15 zone, which is 15 feet side lot, and variances were granted because the houses are pretty close together there. I have no problem with 13 on one and say 15 on the other, we are talking about a 30 foot separation between houses here. Mr. Levenson: And Al, you know yourself there is access to anyone of these buildings today, even with 50 foot side yards. Mr. Brooker: Al and I as both being former Chiefs, there is plenty of access to both sides. Mr. Hirkala: The thing that I don't like to see is a proliferation, which is what is going on in my neighborhood. Proliferation of additions on the side of the house where there is other ways to do it, because aesthetically it hurts the neighborhood. You look down a street and see one house after the other and it looks straight across the whole width of the lot that looks like hell. �r. Sasser: Looking at this map, do you feel there is another alternative? Mr. Hirkala: I don't know, there might be other alternative that might be more expensive. That covered patio back there, they might have to move the pool, a lot of stuff, but that is the point, it is not reasonable. The problem is when the builders put these lots in and the Planning Board approved them, they approved 100 foot wide lots. And instead of forcing the developer to come in, and this happens in a lot of other places in this Town also, in stead of for- cing the developers to come in with a lot more lot width, so as to preclude this type of thing happening, they made them long and narrow, to fit as many as they could in with a minimum amount of cost to them to develop, and this is what we end up with, the same kind of a situation as this. Mr. Sasser: Are there any more comments from the public? I would like to have ,a. motion to close the public hearing. Mr. Bitterlich: Made the motion to close. Mr. Lehigh: Seconded. Vote: All ayes. Mr. Sasser: Public hearing is closed. Is there any more discussion by the Board? Can I Have a motion for a declaration? Mr. Hirkala: I would like to know if any else on the Board would have a probleii _laying this for a couple of weeks to make a site inspection. aw Mr. Sasser: Very frankly I would like to have a site inspection myself to see the character of the neighborhood. Especially since Mrs. Hanley has been here M Page 7 �%,,nd has made several objections. 10,00 Mr. Hirkaa: if there were no objections I wouldn't feel to bad about going ahead with it, but there is an objection by the next door neighbor on that side. I would like to take a look at it to see if there is justification for l l.. Mr. Sasser: i tend to agree with Mike. Mr. Hirkala: I don't agree with your statement about the landscaping and the root problems and things like that because I know better. But there stili might be a situation where Mrs. Hanley's rights might be stepped on a little bit here. Is there any possibility that Mrs. Williams could go less then 12 feet? Mrs. Williams: My car would not fit in the garage. Mr. Hirkala: That is right it is for the garage, I am sorry. Mr. Lehigh: It depends on the design of the house, but you are going to the right with your garage, in other words if you came to the left with just the garage portion. Mr. Brooker: You have overhead utility lines there. Mr. Lehigh: It is not in front of the house on the right hand side. 1�wr. Hirkala: You would still have to move it. Mr. Lehigh: No because you would be going in the basement. Mr. Hirkala: You mean dig down and put the garage in the basement? Mr. Lehigh: Yes, just like the other one. Mr. Hirkala: That doesn't make much sense. The structure to the house itself is minimal with an addition, but when you start tearing out foundation walls, and footings and things like that under the house, and have to shore it up before you put the support structure in, you are talking big bucks. You are talking a lot of money. Mr. Sasser: Would you like to make a motion to adjourn this? Mr. Hirkala: I would like to make a motion that we have a site inspection of this. Mr. Levenson: Withdraw the motion to close and leave it open. Mr. Hirkala: The motion to close the public hearing has already been held. Mr. Levenson: But what happens under the rules if you go out and do a site inspection and you want to enter more information into the records. V%Mr. Sasser: We can re -open can't we? Mr. Levenson: No. M Page S 1%.r. Sasser: Alright, who made the motion to close the public hearing? Mrs. Hardisty: Mr. Brooker. Mr. Sasser: Will you withdraw that? Mr. Hirkala: For the purpose of making a site inspection. Mr. Brooker: So moved. 1404 Mr. Lehigh: Seconded. Vote: All ayes. Mr. Sasser: It will remain open, we will adjourn it until the Mr. Levenson: Do you want to hold an adjourned public hearing at the next work session? Mr. Sasser: instead of delaying her, I think that is what we should do. Adjourn it until August 25. Mrs. Williams: I will be on vacation. Mr. Sasser: You don't need to be here. 1%"r. Levenson: We don't need you. August 25th, now can we set down a date for the site inspection? Next Monday night at 6:0 clock? The Board agreed with this date and time. Except for Mr. Brooker who would be on vacation. Mr. Sasser: There is no reason why we all have to be there at the same time, you can go another time. Mr. Brooker: I will go out and look at it myself. Mr. Sasser: it will be on the 17th at 6: P.M., and a decision will be made at the next work shop session which is August 25th. A copy of the decision will be mailed to you within 5 days after that decision. Hr. Hirkala: If I may, you have bids out and you talked to contractors, have you made a decision on which contractor you are going with? Mrs. Williams: No. Mr. Hirkala: So you are still up in the air as to looking to Firs. Williams: No, I am pretty well set on who I want, but I don't want to say the nam, e . %`"Mr. Hirkala: I don't want to ask you the name, I just want to know if you made a decision. Mrs. Williams: Pretty much so, it is between two, lets put it that way. on Page 9 M Hirkala: Ok, the reason I am saying this is, because you are not going to be here for the meeting, and we will take a vote Hr. Sasser: Let me ask you, would you prefer to be here for the meeting? Mrs. Williams: No, I don't want to go through this again, I prefer not to be Here. Mr. Hirkala: I was just wondering that if any questions that arise from the .lite inspection, who was going to answer them, that is the only reason I wanted to know. Mr. Sasser: Well if we have any questions it can be adjourned again, and we can then have Mrs. Williams return. I think we will be able to answer all our questions after the site inspection. Mr. Sasser: Next item on the agenda is Appeal # 1138 - At the request of Sal- vatore « Donna Vitti, seeking a variance 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 a garage 17 feet from the side yard, requiring a 3 foot variance, on property located at 38 Old State Road, and being parcel 6057-04-697101 in the Town of Wappinger. Do we have proof of publication? irs. Hardisty: Yes, Mr. Chairman there has been proof of publication, and we received the green cards back. Mr. Hirkala: Moved on the proof of publication. Mr. Brooker: Seconded. Vote: All ayes. Mr. Vitti: was present. Mr. Sasser: Mr. Vitti, you are looking for a 3 foot variance. What are you building? Mr. Vitti: We are extending the kitchen and dining room into the current garage, putting a familyroom on the back of the house with a half bath and then putting a garage back on the house. Mr. Sasser: Does anyone on the Board have any questions? Herb have you been to the site? Mr. Levenson: Yes. Mr. Sasser: In your opinion is there any alternatives? Levenson: None what so ever. Mr. Hirkala: Is this the second or third lot off of Wheeler Hill? Mr. Vitti: It is the second. Cm Page 10 In Hirkala: So it is next to the nursery? Mr. Vitti: Yes, it is next to the nursery, the nursery is non-existent any more. Mr. Hirkala: The sign is still there. Mr. Levenson: The nursery is no longer there, the sign is still there. Mr. Hirkala: So they don't use it anymore? Mr. Vitti: They do occasionally, but not as it was. Mr. Sasser: Al, do you have a question? Mr. Lehigh: well just with a map I can't tell, is that FR, is that the family - room you are adding? Mr. Vitti: The familyroom is in the back, along the back. I have the floor plan with me if you would like to see it. Mr. Vitti, explained the floor plans to the Board. Mr. Hirkala: So the familyroom is going to be 20 feet from the lot line? .r. Vitti: More than that. *%W Mr. Hirkala: The only thing that is going to be close to the lot line is the garage? Mr. Vitti: Right. Mr. Lehigh: In other words if you left the driveway where it is you wouldn't need this? Mr. Vitti: I can't I have to destroy the existing garage in order to allow the kitchen to be functional, that is the problem. The kitchen is right off the a:)ack, and this is the house right here, the main part of the house. Mr. Levenson: Before we denied this and put this into the system as a denial, I went out and took a look at it, and the familyroom is Mr. Sasser: Nobody is talking denial. Mr. Hirkala: No, he denied it so they could come here. Mr. Lehigh: I see you have it listed as a carport is that there. Mr. Vitti: There is an existing poured concrete carport that was there when I bought the house, which was already 17 feet from the property line. Lehigh: So you are going to utilize that? Mr. Vitti: Right. We are going to tear that out and put a foundation in. It is En Page 11 In *,,,,.Dt a foundation now, it is a 6" slab right now, with the carport when we bought the house. Mr. Hirkala: Can you show me the existing line of the house now? Mr. Vitti, showed the Board the existing line from the map. ( Mr. Hirkala, asked Mr. Levenson to check if the Williams lot was ever zoned anything else) . Mr. Sasser: Does the Board have any other questions? Mr. Lehigh: Made a motion to open the public hearing. Mr. Hirkala: Seconded. Vote: All ayes. Mr. Sasser: Is there anyone here in the public who would like to speak on this manner? Let the record show there was no one. Mr. Lehigh: Made a motion to close the public hearing. Mr. Bitterlich: Seconded. cite: All ayes. 1%1 W Mr. Sasser: Is there any further discussion by the Board. Mr. Lehigh: I have one question. Have you ever thought of going around the back, and put your garage in the back? Mr. Vitti: Yes, in order to do that I would have to put my driveway so close to my neighbor, I would loose a lot of my yard, and I really don't want to do that. The house has a 300 foot clearance from front to back, but there is only about 60 feet in the back that is actually functional, it is on a very steep grade. Mr. Hirkala: What is the grade back there? Mr. Vitti: It is very steep. Mr. Hirkala: Where does it start? Mr. Vitti: It starts about half way up Wheeler Hill, and comes all the way down to where Old State Road goes, 300 feet. Mr. Hirkala: I know you are on a uphill grade from the road. Mr. Vitti: Yes. fir. Hirkala: From the back of your house to where it really starts to climb steeply? En Page 12 In weVitti: It is only about 40 feet, the well is actually sitting about the ll cap now sits about 8 feet above the ground, where if I was sitting in my kitchen it sits about 8 feet above the ground. Mr. Hirkala: How far back is that? Mr. Vitti: That is about 45 feet back, from the back of the house. Mr. Levenson: When I was there I thought it was about 50 foot. Mr. Vitti: It is just very steep. Mr. Sasser: Mr. & Mrs. Vitti, are only asking for a 3 foot variance. Mr. Hirkala: I have no problem with that. I know the lot and I know the neigh- borhood. Mr. Lehigh: Made a motion for a Negative Declaration. Mr. Hirkala: Seconded. Mrs. Hardisty: Roll call vote: Mr. Brooker: aye Mr. Hirkala: aye Mr. Sasser: aye All vote aye Mr. Chairman for the Negative Declaration. `Wr. Brooker: Made a motion to grant the 3 foot variance. Mr. Hirkala: Seconded. Mr. Bitterlich: aye Mr. Lehigh: aye Mrs. Hardisty: Roll call vote: Mr. Brooker: aye Mr. Bitterlich: aye Mr. Hirkala: aye Mr. Lehigh: aye Mr. Sasser: aye, with a statement. Mr. Sasser: I believe that this will not effect the character of the locality, I believe there is no reasonable alternatives, and I believe the degree of the variance is minimal. Mr. Hirkala: Can you add also in that, for the record that the width of the lot is such that if does present some of a hardship? Mr. Sasser: Yes, but a hardship is Mr. Hirkala: Not a hardship, be somewhat of a practical difficulty, in that the lot has a steep grade all the way in the back and it is a narrow lot. Mr. Sasser: Ck. It has been approved Mr. Vitti, and that will be filed within 5 days and a copy sent to you. Mr. Vitti: Thank you. r. Sasser: The third item on the agenda is Appeal # 1139 - At the request of ouis & Andrea Loiacano, DJBJA as the Bedding Gallery Inc., seeking a variance of Article IV Section 471.2 & 474 of the Town of Wappinger Zoning Law to vary M Page 13 In x,.9.2 parking spots, where 139.2 are required thus providing 50 spots on prop- erty located on Stage Door Road and being parcel 16156-02-826836 in the Town of Wappinger. Mr. Levenson: Mr. Chairman, for the record the map has been signed by Mrs. Loiacano, she a member of the corporation, as was required by this Board at the work shop meeting. Mr. Sasser: Are Mr. & Mrs. Loiacano here? Mr. Ben Gailey: I am the attorney representing them, and Mrs. Loiacano is here. Mr. Sasser: Ben, just before we get into this, I had spoken to you at the work shop and :said that I had some reluctance at that point, in sitting on this matter. I no longer have any reluctance, I believe I can sit in a fair and impartial way, I would like to leave it up to you to tell me if you have any feelings in my staying? Mr. Gailey: No, we have no objections. Mr. Sasser: Very good. Mr. Levenson: I believe Mr. chairman, you received the minutes from the Plan- .iing Board? ir. Sasser: We received the minutes from the Planning Board, we have received �%nesomething tonight as well. Mr. Levenson: Yes, you received something while I was in Albany. The other thing i. I believe you verified the comment I made with Mr. Roberts, that this is referred to, this body by court, as a method to getting to a settlement, witia regard to this matter. Mr. Sasser: Yes, and Mike you had a question, and I spoke to Al Roberts today regarding that question, and this have been remanded to us, they are in contem- plation of settling this matter, and it has been referred to this Board, and that is why we are hearing it. Mr. Hirkala: I hear what you are saying, and I hear what Al Roberts is saying, but I don't see anything anywhere where there is anything in writing, that say anything. Mr. Sasser: Well it's not, the Town Attorney said Mr. Levenson: The Court said it is the Towns, Mr. Gailey is an attorney, I'm not. I am going to make a statement as far as me appearing in the Town court. The Town Court of any Town in the New York State is not a court of record. The judge remands verbally on many, many instances. Is that correct Mr. Gailey? Mr. Gailey: That is correct. Yes in Justice Court. .r. Sasser: Our Town Attorney had advised this Board through myself today, that mit has been, it is proper for us to be hearing this tonight. Mr. Hirkala: Even in the line that we haven't gotten, that there was no denial by the Zoning Administrator on the case at all? n Page 14 M r. Levenson: No, it is coming through to you from the Planning Board. This was *Air-emanded from the Planning Board. The Planning Board does not have any author- ity to waive the number of spots that the applicant is asking for. They are asking the Zoning Board to vary 473 Mr. Hirkala: I hear what you are saying, but the Planning Board doesn't, cor- rect me if I am wrong, unless with the new Law something is changed. The only way you get access to the Zoning Board of Appeals for a variance is through a denial from the Zoning Administrator? Mr. Gailey: or the Planning Board could refer it to the ZBA. Situation we were in, we were ordered by the court to apply to the Planning Board and the ZBA, if necessary to get the proper approvals for the buildings. It is an existing building we want to use greater space, and presently is approved on the top floor for retail purposes. So we had to go back to the Planning Board first to get a revised site plan approval. After several meeting with the Planning Board, well they knew right from the outset that they could not give us an out right approval unless we first got a variance from this Board on the number of parking spaces. It is impossible to fit the number of spaces that your code wolUld require 140, on this property. I don't think it is good planning either because it would all be blacktopped and if we get the variance we will be able to leave much more of the space landscaped, for drainage purposes. The Planning Board referred to the ZBA for that variance application, and that is why we are here tonight. 'ar. Sasser: And your concern is whether that is proper? Mr. Hirkala: Yes. Any application we get for a variance comes from the Zoning Administrator's office as a denial. And my understanding from my basic training in Zoning Board of Appeals, was that the only way for it to come to us was through a denial. That was one of my concerns, and the other is the fact that there was nothing in writing. You talked to him, and it is on record, so that is the way it goes then, there is no problem with that. Mr. Sasser: Herb, can you answer that? Mr. Levenson: In my time I have been Chairman of the Zoning Board of Appeals, and we have taken referrals from the Planning Board or variance request that the Planning Board could not grant. And it is perfectly legal. Mr. Lehigh: Alpine came from them right? Mr. Hirkala: Is that the way Alpine came to us? Mr. Levenson: Alpine came from them. Mr. Hirkala: I am out of order then. Mr. Levenson: You are not out of order, you have the right to raise the ques- tion. And I have the right to give you the proper information. ir. Gailey: You are not out of order. %aw- Mr. Sasser: The papers we received tonight, the letter dated August the 7th, 1992 (copy on file), from yourself. Just scanning through, we just got this n Page 15 rn J%wc)night, but just Scanning through it and on the 4th page that is titled Loia- cano variance application addendum. Mr. Gailey: The one with the crossed out numbers? Mr. Sasser: Yes. It appears to me, and I just want to sum this up, tell me if I air, incorrect. But what you have done is that the retail space has been decreased, the warehouse space and office space has been increased, is that correct: Mr. Gailey: Yes. mr. Sasser: The important part is, in my mind is that the retail space has not 'been increased, it has been decreased. Mr. 'Gailey: Well not from the presences, it has been decreased from our initial application. Mr. Sasser: Exactly, that is what I mean. Mr. Gailey: Yes, that is correct. Mr. Sasser: So that in fact does not change the requirements of what you are lockinci for? Gailey: Not at all. Mr. Sasser: That gives you less space and not more? Mi. Gailey: That's right. Mr. Sasser: Does the Board have any questions? Mr. Lehigh: I have some questions. It just looks like there is a lot going into a small:. lot. With the office building, the retail, and the storage of furni- ture. Mr. Sasser: All buildings are in existence aren't they? Mr. Gailey: The building exists already, as it is. We are not adding to the size of the building, all we are doing is seeking approval to use more of the buil- ding for retail, then is presently approved. The building is there the two acre lot is already set, we can't make that any bigger. We just received some documentation from the Institute of Traffic Engineers. Mr. Lehigh: Just looking at the furniture stores around the neighborhood, they are mostly empty. Mr. Brooker: I've been over there on a Saturday afternoon, and it has been empty. Gailey: (Laughing) Don't rub it in. Orr . Mr. Sasser: Lets have one conversation so Gay can get this transcript correct. M Page 16 *,%,r. Hirkala: For a change. (laughing). Mrs. Hardisty: That's it, I quit, find yourself another secretary. Mr. Hirkala: I apologize. IWO Mr. Sasser: I would like the record show, if it does not show that we have a letter from Ray Arnold the Planner and from Paggi & Martin Engineers to the ^rwn., that this proposal is acceptable to them. Mr. Levenson: Another statement that should be made is that the sum 30 odd thousand square feet that you see on this map has always existed, when they finally finished up construction. So what they are doing is just shuffling the square footage around as to use. Mr. Hirkala: Can I ask on this map that I have here, and I think I mentioned it at the work shop, that this map is not signed. Mr. Levenson: The comment was made at the work shop meeting, and I put it into the record.. Mr. Hirkala: This landscaping that is shown on this map, is the landscaping going to be put in place? Mr. Gailey: Yes, this is proposed, we do have some landscaping there, but this mows more than what is there presently. Mr. Hirkala: one of my primary concerns is over utilization of a piece of property. I have a problem with developers or people who own commercial prop- erty who want a dollar return for every square inch of it. I think that a com- munity that is served by a reasonable aesthetic value on a piece of property, and if a building is oversized it could be taken care of by landscaping. If yo --i utilize to much parking you have no landscaping. To me anyway the key ingre- dient to this whole plan, to reduce the requirement for parking would be to utilize the rest of the property, so it does look good for the Town. Mr. Gailey: Right. Mr. Hirkala: And it have to be maintained also, not just look good in the beginning, and two years from now looks like hell, do you know what I am saying? This is one of my concerns. So what I am concerned about is what is on this map on this plan, it is going to go back to the Planning Board and be re- negotiated, you know what I am saying? Mr. Gailey: Yes. This Board has the authority to impose conditions as well as the Planning Board does. Mr. Lehigh: I haven't seen that site, do you have a water problem on this site? Mr. Levenson: No, no drainage problem there. *r. Sasser: It is just a very tight site, correct me if I am wrong. It is very steep toward the sides and back. There is nothing else there, the property is really 100% utilized. Is that correct? There is nowhere else to go? 0 Page 17 n **wr. Gailey: That is correct. Even the site itself is very steep off to one side. Mr. Levenson: I believe that Mr. Gaily is ready to accept that there will be no more building on this site. Mr. Gailey: We are prepared to accept that, yes. Mr. Sasser: The variance will be limited only to furniture sales. Everything that has been bought to us tonight, has indicated that the parking is adequate for that particular kind of use. But it would not be adequate for other kinds of uses. So one of the provisions in my minds eye would be only to be used for retail, furniture or warehouse space. Mr. Gailey: That is, fine with us, as a matter of fact Al Roberts, had suggested that. - Hr. Levenson: Al Roberts suggest that you write your Decision and order. And one of the stipulations that if you grant the variance, the variance shall only be used for retail furniture store and or warehouse. Mr. Sasser: Does the Board have any other questions for the applicants attor- ney. Mr. Hirkala: one other thing I have for Herb, isn't there in the Zoning idinance, a minimum height for buffer evergreens? %W Mr. -evenson: No, it just says you have 20 feet of buffer between a residential district and a commercial district. You have to have 20 feet of buffer, it doesn't say how high. Mr. Hirkala: I seemed to call, I will have to read it again. The reason I am looking at this, it says 4 to 5 feet white pines. And we are looking at a cliff beck there that is 40 feet high. Mr. Sasser: Stage Door Drive is a private road is that correct? Mrs;. Hardisty: No, it is a Town road. Mr. Sasser: If this road dead ends into a circle will it stay dead end? Mr. Levenson: No, they can make an access through, at the top of the hill, where Kermit Enterprises is they could extend the road. Mr. Hirkala: It goes into MacFarland Road. The original site plan for the thing was a private road, they closed it off and left the gate there for fire access only. Now whether or not that road ever opens up in the future is Town Board action. So that could possibly happen or not. Mr. Lehigh: How about the, there is no parking on that road right? Stage Door road. r. Gailey: No. Mr. Lehigh: I am thinking a large sale or going out of business or anything like this, you know what I am saying? n Page "18 In 1104Mr. Levenson: There is a provision in the Zoning Ordinance in 446 that if the owner wants to run a extensive sale, they have to make an application to the Zoning Administrator, and he could issue a temporary permit for a span of time. Mr. Brooker: How about Stage Door do you ever have? Mr. Levenson: Stage Door? Stage Door never was outside. They would have to make an application for the sale, and we would have to be notified; and we would have to notify the Sheriff. Mr. Hirkala: He is not talking about the fact that they are going to have the product outside. He is talking about that the sale would be on and the parking utilization would overrun the 50 spaces. Mr. Levenson: I am sure that Mrs. Loiacano who is sitting here and if she was going to do it, she would notify us and I am sure the Town would cooperate for two or three days. Mr. Hirkala: It doesn't make difference because it is not a through road. What he is concerned about is if that was ever made into a through road and the same thing happened, then there might be a problem. Mr. Gailey: We would apply to the Town before we had a large crowd like that. r. Hirkala: One of the other things that I was alluding to before, on the Suffer situation and the fact that there is a residential area behind it, that it does meet the ordinance at 45 feet, and there should be a 20 foot buffer. Mr. Levenson: In conversation with the Planning Board that is one of the issues that they are going to take up with the applicant when they revise the site plan. Mr. Sasser: Is there anymore comments regarding the parking space reduction? Mr. Lehigh: The only feeling I have is that they should not be allowed to park on that main road unless they get a permit. Mr. Sasser: You mean to limit parking? That would be under the Town Ordinance. Mr. Levenson: You can stipulate it as a condition. There shall be no parking on Stage Door Road. Mr. Sasser: Any other questions or concerns? I would 'Like to open this to the public. Mr. Lehigh: Made the motion to open the public hearing. Mr. Bitterlich: seconded. mr. Sasser: Is there anyone in the public who would care to speak? Let the #,.ecord show that no one was present. Mr. Lehigh: Made a motion to close the public hearing. Mr. Brooker: seconded. cm Page 19 Vote: All ayes. Mr. Lehigh: Made a motion to move for a Negative Declaration. Mr. Bitterlich: Seconded. Roll. call vote: Mr. Brooker: aye Mr. Bitterlich: Mr. Hirkala: aye Mr. Lehigh: Mr. Sasser: aye Motion carried. aye aye M Mr. Lehigh: Made a motion that they be granted the variance with the 50 car parking with the conditions that there be no parking on Stage Door Road. Mr. Sasser.: I would ask you to add to that, that this be limited to retail furniture and or warehouse only. Mr. Lehigh: Yes. Mr. Hirkala: Well that the square footage presently in the plan. Mr. Sasser: well that's what before us anyway. r. Hirkala: You have to be specific. I mean two years from now or five years from now, somebody is going to say gee that is what I had in mind, you have to be specific in your resolution. Mrs. Hardisty: You can use the date that is on the map that you have in -front of you. Mr. Sasser: Fine Gay, will you amend that to include the date on the map? Ok, we have a motion that is on the floor to grant this, on several conditions. The conditions are: No parking on Stage Door Road. That it further be limited to retail furniture and or ware- 1louse sales only. As proposed and as dated on the map that is before us. Mr. Bitterlich: Do you want to add another condition about the landscaping. Mr. Hirkala: I agree with Bill, I think we should put something in there as to utilizing what's on that map as a minimum. There was a discussion on this. Mr. Sasser: Are you prepared to amend that motion to include the landscaping that is on this map-- Mr. ap^Mr. Lehigh: As a minimum; because I wouldn't want to limit it if the Planning Board want to add more. *4,.r. Sasser: Ok, as a minimum. Mr. Gailey: Can we say the landscaping as shown or something comparable as a minimum. En Page 20 In 11# r Mr. Levenson: All your stipulations that you are stating here will have to go on the map. Mr. Sasser: Let me make sure this is clear in regard to the landscaping plan. To be added. would be the minimum or the comparable as provided on the map dated July 15, 1992. Mr. Bitterlich: Seconded. Roll call vote: Mr. Brooker: aye Mr. Bitterlich: aye Mr. Hirkala; aye Mr. Lehigh: aye Mr. Sasser: aye Motion carried. Mi. Sasser: This will be filed and a copy will be sent to Mr. & Mrs. Loiacano within 5 days. Is there any other business to come before the Board? Herb do you have anything with regards to the notice we received in the mail from you. Mr. Levenson: What notice? You all have a copy of the resolution of approval on Alpine? Mr. Sasser: Something in regards to Niagara falls. Ir. Levenson: You just got a list of people that are going. Mr. Sasser: There is nothing else on that? Mr. Levenson: No. Mr. Sasser: There is no further business? Mr. Lehigh: Let me say something before we close. We are continually getting this parking nonsense here. We sent a letter to the Town and they were having a meeting on teat right? Mr. Levenson: Parking nonsense yes. Mr. Lehigh: I mean on the 50 spaces here, on the number of spaces for Alpine and then it ended up in width. Mr. Sasser: No that was on the size of the spaces. Mr. Hirkala: The original was the numbers. Mr. Lehigh: Now we are back into the number for retail and so forth, I think that the point was well taken that the 50 spaces should serve them very well, and the number that they had required is ridiculous. mr. Levenson: It is ridiculous, we are in, let me tell you what is happening. here's been a new consultant hired by the Town Board to review the Zoning ordinance. Now making grammatical and legal changes in the first stage. The second stage will take up, one of the issues that they will take up is the rewriting of 473 to be more comparable to ITE. In other words ITE publishes all the businesses and we are going to use the ITE loading capacities that they publish. Rn Page 21 M rr Mr. Sasser: Several of these things that have come before us that we have had problems with, have been brought to their attention. The other one was the caretakers cottage. Mr. Hirkala: one of the other questions that I might have in regard to the consultants and the consultants work. Is the Zoning Board of Appeals going to he privy to the consultants work in more, in another form other then an invi- tation to a joint meeting? Mr. Levenson: Yes. mr. Sasser: Such as what? Mr. Hirkala: Writing, something in writing. Mr. Levenson: Once we get passed the grammatical changes, there are a lot of grammatical errors in here. That when he gets finished with all the grammatical and the legal things, when we get to the change aspect there is going to be a committee of the whole, structured to take care of the questions that have to be taken care of. It is not going to be like it was 4 years ago, it is going to be a committee of the whole. Mr. Sasser: In fact they have been very open in asking for any kind of changes that deed to be made. *4fr. Hirkala: Well this is the recommendation that I made at the last meeting, to recommend the review for a possible change. And I think that is valid, and I think it is the function of this Board, is when we see cases come before us that obviously need some attention from the Town Board, it is our job to notify them of the fact. Mr. Levenson: What Mike is saying don't wait 10 years to change the ordinance. change it as you see it. Mr. Hirkala: As you see changes coming in the door, you are suppose to make these recommendations to the Town Board. Now the Town Board takes a philologi- cal look at what these changes coming in that door to us constitutes. And if their philological look encompassing the whole town in a public meeting says no we disagree with that, then we continue on, with the hard line. If they don't say that, they can change it, modify it, some degree 50% whatever. Mr. Sasser: I disagree that we continue on the hard line, because it is our position to break the Law. That is what we are here for. Mr. Hirkala: That is to broad a statement. Our position is not to rubber stamp, with somebody walking in that door once. Our position is to protect what the Town Board, as the legislative function of this Town dictates what the Town looks like. Mr. Levenson: The argument against that is, there is no tax map structure in �.,ny Town that truly conforms to your master plan or to your zoning. Mr. Sasser: Our function is not to protect anything that the Town has put forth in the Zoning Law. It is to provide M Page 22 �%✓ Mr. Hirkala: Cour function certainly isn't to disregard it. 15 Mr. Sasser: It is to .provide relief to those people who meet the criteria for relief. Mr. Hirkala: But the criteria for relief has to be judged by Mr. Sasser: The individual. Mr. Hirkala: No, it has to be judged by what the Town Board legislatively says should happen. Mr. Sasser: I disagree. Mr. Hirkala: Then what the hell is the sense of having a Zoning Ordinance? Mr. Sasser: Every single case is judged individually. Mr. Hirkala: Then what is the sense of having a Zoning Ordinance if the crite- ria for the Zoning Board of Appeals sitting isn't the Zoning Ordinance? Mr. Sasser: Because that is what the Town Board would like to see as the Zoning ordinance. r. Hirkala: Wait a second, you just made a bad statement there. What the Town %Itoard would like to see as the Zoning Ordinance, what the Town Board said is the Zoning Ordinance, their the final one. Mr. Sasser: No, we are in a position to break it. Air. Hirkala: We are not in a position to anything against the Town Board, other then to judge as a possibility for cause. That is all we are here for. We are not Here to legislate. Mr. Sasser: To provide relief. Mr. Hirkala: We are not here to legislate, we are not here to tell the Town Board what this Town should look like. Mr. Sasser: Is there any other business before the Board? Mr. Brooker: Made a motion to adjourn. Mr. Lehigh: Seconded. Vote: All ayes. Meeting was adjourned at 9:30 P.M. Very respectfully yours. +aA 4Ha r del" s t y Sec y n :%w Town of Wappinger August 11, 1992 Agenda - 7:30 P.M. Zoning Board of Appeals Approval of Minutes of the July 14th meeting Public Hearinas E5 Town Hall 20 Middlebush Road Wappinger Falls, NY 1. Appeal 4 1137 - At the request of Edward & Ann Williams, seeking a variance 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 13 feet from the side yard, requiring a 9 foot variance, on property located at 7 Scott Drive, and being parcel #6257-02-910632 in the Town of Wappinger. 2. Appeal 41138 - At the request of Salvatore & Donna Vitti, seeking a variance 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 a garage 17 feet from the side yard, requiring a 3 foot variance, on property located at 38 Old State Road, and being parcel #6057-04-697101 in the Town of Wappinger. 3. Appeal # 1139 - At the request of Louis & Andrea Loiacano. D/B/A as the 'edding Gallery Inc., seeking a variance of Article IV Section 471.2 & 474 of the Town of Wappinger Zoning Law to vary 89.2 parking spots, where 139.2 are required thus providing 50 spots on property located on Stage Door Road and being parcel 46156-02-826836 in the Town of Wappinger