1992-03-10a of Walopinger Zoning Board of Appeal;
Jclr'i IC , 19 '2
tv Ee tuber s Present
M -, Sasser - Chairman
�Ir. Hirkala
`qtr. Broo :er
Mr. LehiCfii
Litterlich
Ct :er`:: Present
Town Hall
20 Mi.ddlebush Rd.
Wappinger ally:, N.'21
AU)P@@FNffl
APR 1 4. 92
': Levei:son - Zonialg Administrator
Mrs. Hardisty - Secretary, Planning & Zoning Boards ZONING BaMQFgPPMES
�LANNlNG
Meeting was called to order at 7:30 P.M. Y
:qtr. Sasser: 4ill the Zoning Administrator call the roll please.
i1r. Leveson, called the roll, all members were present.
. Sasser: The first item is the minutes of January 28, 1992.
Mr. Brooker: Made a motion to accept the minutes with correction to page
Mr. Lehigh: Seconded.
Vote: All ayes.
Mr. Sa ser: The first appeal tonight is number 1126- at the request of Lef- u_
Diane _Di'cke, seeking a variance of Article Iv Section 421 of the Town of Wa.p-
_-)-:Pger Z_)n-l1q Law, where you are required to maintain a 25 foot side yard and
;c;t =re builcing an addition 14 feet from the side yard, requiring a li foct
pari a :ce, propea.-ty located at 51 Sherwood Heights, and being parcel
:`25 C1 -Sin �6 in the Town of Wappinger. Has there been proof of public.:Atic:in
tr . �evensoii: Mr. hairman, proof of publication and all. notices have been
let:arned.
Mr. Hirkala: Made a .notion to accept proof of publication.
ttr. 1 rcckrr. Seconded.
t':)te: , rill .fives.
.'r. Kr' Dicke were present, along with the developer of Sherwood Heights Mr.
gal.
Mr. Sasser: Ment on to explain the process of applying for a variance and tie
options --71-ie applicants have. can you please just tell us about what. you are
tr Cj e
O ��Li .
of .e : About 1984 I started my own computer industry; and opened an of L ,_- e
n ate 9. The industry that I am in I have to suppl, 24 hour support, " c'a,�:
r,ec.ause the computers go down and they usually go down at night. Sinc=_
gall, I get calls all night and all day, i have to go into the c:ff.i ce t(-
uet cr: my computer to fix the problems. What I would like to do is put rrl
a > tens J on the hot.se so I could put a computer in there so I could Clo all t}le
ch, c)r: k f : otic home. The type of work I do, the research I do, it is almo::t imps. --
,i:cI _ t_; at Home and at work at the same time, because of the 24 hour c.a
With 4 ;tied.; if my wife is not home I have a serious problem. So we are z coking
:t .1tt- n— an extension on the house, library,. and a den, grid i_� theer; -j,_
al.rc, I an-, r;c;ing to put all my computer equipment and my books anc. r: ,.zi. r'. T
lA a r: 4 ou books I have to put in there, basically that is the r� c: �, M C
',-r. Sasser: I would like to ask the Board if they have any questions?
Mr. B.rocker: I noticed that you have a 3' car garage, do you use that all
time for 3 c,ars?
Imr. Dicke: i have 2 cars, but I have 4 kids and one of them is becoming I �>c
ars buying a car for her.
�Vir . Lehigh: is t- is the only place you can put the addition ori? You ca -_:'t .D
1t the back`.
,.r. Dicke: I don't think I can go out the back, i have a pool there. - have a
ooi in .he back and if i put up the extension it will go right to the -pool.
rrooker: How about right behind the 3 car garage where the dec},.
The pool is in the same place.
'rhe drawing shows nothing of the pool existing on here
Nasser: is this an inground pool?
iir. n_c.ke: Yes.
=tr. Hir!.ala: Is there a permit on the pool?
rir. Dicke. Yes.
r r . L¢ve,ison : All perm -Its on this parcel are up to date and in the file.
ivr. Lehigh: He has a C'. 0. on it?
Luvenscn: Yes.
f
iA. Sasser: The drawings don't show the pool.
ParTe 3
`r. Prc Aker: You are planning on moving your business into your Home?
tr. Dicke: Part of it, just the part that I need to dial into the A.T. and Ts.
_ i-Ldt1� I.i -M,. s of this world. I still have to keep my office for the all my
her pe -,::ale . It's gust from keeping -
., ping me from getting up at 11: F.M. :��� a say.
u cla i an -d driving in, and dialing into the system then coming home. It ' s
almost impc:;ssible if I am babysitting.
ytr. '•e ljh: In other words there are no employees going to be there'
i Dic:kz : There will be an employee there but not to do what I do, I mea:) I
opie there but they cannot fix the problems. I usually get cal .ed. when
t? talsmp?<system breaks or when the bank go down.
rr. Ssseir How many bedrooms are in the house?
3
Sasser: Are there any dens or anything such as that?
Dicke: Yes, 4 bedrooms and a den.
L. Hi
rkala: How many square feet in total?
�Mer . Segal: About 320(_',.
Hr. Sasser: And it has a 3 car garage at the end?
?qtr . D-rke . Correct.
:.r. Brooker: How much room is the computer terminal going to take :-:o7'
i` DJ_—ke: About or 4 hundred books I have to bring in for my re&earCha
f - gure t, t=. whole room will be full of books.
Nasser: Can I ask you what your family consists of?
4 kids.
',ii. =..ass_r: Do you have a finished basement?
Sasser: what do tou have in the basement?
Mr. Dicke: One of my children and a rec room.
ir. Sastie�-: Any other Iuestionis: from the Board?
H--'r".ala: I would like to know actually where the pool is.
r . Ero— ke:: I would like to see it put on the map 11-o.
Pa-,-_f,_-� 4
r c_- w :Ii_,-, a discus s i o n (-) n t11 s
Mlr. Sas: 'ane thing that you should understand is that you are lack_]_ng for
ea �ari:allce; there are, 2 things that you are called upon to c o n v nce tll-4H
azo ,aud. '01le is that there is a practical difficulty and that thea property
e t
` i -ed unless this is granted to you. And second that you will S L! J07 FPj:
L L
s, (ji Jf icant economic injury. Just keep that in mind while we are going throe gh
tips prnceedings and while we are talking about this so you -understan-.1. where
�vqe are coming from. Does the Board have anymore questions"
1-1: YES T
have i question. We would have to grant yo-.,,, the \7a"
that still allows
ailc e you to use your property the way that you are recr`%ES_
it. it would be nice to see where that pool was, and if you went 01.1t t1it-,
b a, k c) f Your house you wouldn't have a problem with your area variance t 111 .
D'
the -'L-act that you state here that if you move into a larger houi_�;e 't vlt
C" _t "o -i)ver 000.00 dollars. I would like to know what ti -lis additi—I i.
f -;,-,St VOU?
is the estimate.
Dicke. S35,000.00
m s' . H lrl�ala: Just one other thing one of my concerns is maybe putting it off
and doing a site inspection.
ere was a discussion on this.
:vlL
Hirkala: my concern i s , that this is a very large House, the, I c; t there _
iot of rclOm in the back and as stated we have to look at the min-Li-n'.LM"
--equ, red i- ffiCul"y. 7
to satisfy any proof you show for a practical d!
L't,'_iy convinced there is a practical difficulty, that the addition clin't be
place else. By Law we are not suppose to grant a variance if what yo -t-, e
1 -_questing can be accomplished.iii
a different manner. If it cost you a -IT -1
0t .s0 dollars to do It, it still saves you the hundred thousand. Dynt'.
t I am s a y i I
Dic'je: I hear you. If you can find a better way, we brought in a de-ignel-
"-3
D_ .1P said there i, no other way possible.
-
Hirkala: I -am not fully convinced that with 3200 square foot yn the '..,juse
you need the extra space to begin with, see what I am saying?
Yr. Dicke: You can check that as well.
?'r. 34.irkala. There might be some inconvenience on your part but that 1101t
1 1 d,7,, for a variance. T.,-) be fair, that is where my mind is now.
I t11ink along the 1-ines of Mr. Hirkala and T am not convince!-_',. tl-181C
I's =t hardship also. That is why we want to see where that pool I wo-,.il,.1
tc: c,- an ..,n site inispectiOn, I am not convinced.
HiEkal,_: Made a motirjn topen the public hearing.
Lehl"..-jh: seconded.
1s, there anyone liere that would like to spew; for or against t ,is
' . . Lilt:efrM'ine'r : I live at 53 Sherwood Heights I live next door, on the riglit
,:ode. really don't feel that it should be built; because ,f the c"Zt:a of t,e
cilia the size of the lot. It just doesn't warrant it. We l-.a��F r_?C. �ti-,
r.< pr_,peity, we don't have width. And with the size of the house.-, tl:w Tv t
icFiv,}: 1 e they are running Into each other. That was one of th,-_: fact.;
o Igilt thhouse which discouraged me was the size :Df the hotlE:e coljpa} ec'. to
e
t.'Aa loot and I almostsaid no. There is a lot of wind up there, and ?UN_:,in n tilt:
a.ine.:;s T am irl, if there was ever a fire, I don't thank there is n: ugl: x<<;tar:.t
If the variance does go through, that is one thing that
iC, o' for from the Town -i s reimbursement for the fire, piittin t, _x, thi
ati oii . There is room to go over the garage and back, because th-e p:-'ul t
D 1to 150 feet back. There is the option of building over thvra�
ie garage.
'Izc,u are sayil.g that there is a dis talicct from t'_le to
"? Literre�rse?': Y ;; about 100 to 150 feet.
Dig}:e: maybe about 60, I have riot gone out and measures. it.
',.ir. .;asses-: Well should the Board decide to have an on site iii::-,�E�C_}-. i we lil
d -'ermine that.
71:1 rreil-er: I think it would be a hardship on my property value, .'.f
nee 'es to -:ell, alid somebody came up and looked at the size of the o,... ,e that r
liave- c-ompa:-ed to my lot it looks small. There is a vacant lct on tl:c-- left side.
Hirtal : iliali}i yoLl vel'y IlluCli. A11y011e else in file audience tl"ict :1C ;�" i..;_Ke
iw I zallil�t: I live at 47 Sherwood Heights. I all adjacent to the vacant
Iv question is, we don't know very much about this. If there is vagi anc
j_ ,.:n ed the lot Next door is empty, if that was to be built, would that ta?e
the r'5 feet away from our side?
r. Nasser: No it would riot. It would not effect file house next doer. They
Gaoi.l:_d have to comply with the existing Town Law.
mr. . Hir?ca: a: Unless tiley come in and request a variance.
!, rs . Ibrahim: Thank you, that was my question.
!r. Dick_-: I have a lanu.scaper that has an exact drawing of the size of the
le just. went to get it. If you want to use that.
'ir. Sac -ser: Ill the mean tilde is there anyone else that would like to speak'
au—
lv: rack: I 1i t_ at 5S Brothers Road right behind him. I don't 1,,now h -)w
Ilii, is 4oing to set. What relation to my property is this,
:,. Lw i�.Z� a; showe( Mr. Alvarado on the map where the property was in reiatJ.:"_
his. After looking at the map Mr. Alvarado had no problems with what he was
Mf. Sa:::ser: Any one else'?
,[r. Se al: i am the developer of Sherwood Heights, and I am concerned about
wlIlat additions look lil_e, when they put them on top of garages or behind,
cecau,se in many case you see that it is an addition, and it is very unattrac-
tive. So the Dickes' approached me about this addition and I helped with til
Ines -1-a ;i, something that would blend in with the existing design, to make sure it
1�� k s stood. I don't think the gentleman who spoke before realizes that the
addition is on the other side, away from him. Putting it on the garage wo-.Aid `b f
ccs el- to ._J m
T,-iere waz then a discussion on this. Since this was true Mr. Unterrei':er had n1-_
:_-)r ob i em .
Mr. Sasser: Is there anyone else in the public that would like to speak? i
_c�<<ld like a notion to close the public hearing.
. Hirkala: I would like to say before we close the public hearing a
determination we might want to adjourn the public hearing and do a site
inspection and then: continue this.
dere was then a discussion on the map that was being brought in
air. at,4 r: My feeling is that in light of this map and what is being broligl.t
wou..d like to see an on site inspection.
t,r. Hirkala: Well that would be the normal procedure to adjourn ratlier then
o e the public hearing. The intent is to give the applicant as much fairiie ,s,
possible if we close the public hearing we cannot re -open it again.
Sasser: Do you feel that you would like an on site inspection%
Lehigh: I would like to see the map and then we can make a determination
rim~. Hirkala: One of the concerns I have is the fact that the gentleman in the
b3.ck whatever his name was, stated the fact that he was concerned about a faire
itulation because of the addition that was encroaching on the set bacr , alia now
it is ok to but the addition on the other side, which is closer to someone
se I s house.
U<iter-reiner: That is a vacant lot.
r. Hirkala. But someday it might be built on. He can still put an additic,n on
.sour side without encroaching on the 25 feet.
p
."i:. . iJnt-er e i ner: I know that. .•
Hirkala: I want you to understand that, without a variance.
t.Ggal : C'an I make a statement? Mr. & Mrs. Dicke own that vacant lot. 01-'e
ie i easons. they own it is to have privacy, and they don't plan to build oii it.
Le''i` gh . years fown the pike they sell the house and the lot to, and you
�v _ eally ::naw.
'4-. Hirkala: You _fever know. Unless, the only way that, that would Mold
tlier� was a deed restriction on the property, the lot can Bever be Sol-
gailll always lDe a part of the that lot, and lie erases the lot line and tll-e
tiles lets become one, and it is that way forever, that is the 01,11y way t,ie
_1 W;
;gill hold true.
tjr. Dicke: IfI did that would I need this variance?
'.r. Hirkala: If you did that you would not need a variance. So you U67ii the lot
nxt door?
Dicke: Yes.
dere was a discussion on this.
Hirkala: Excuse me a second, both lots are in the exact same ccaiier.ii?
Dicke: Yes.
?r. Hit -kala: You own personally both lots?
Mr. Dicke: I own one, the bank and me own the other.
Hly. Levenson: No, Mr. Hirkala is asking if the deeds are in the names of D a i,=
-1n Le -e Dicke:
Dicke: Yes.
iM4. L- -q Mr. Chairman, by state Law the vacant lot is merged.
�tw . Sasser: You do not need a variance.
?iii-. Hirkala: No, you can never use that lot if you put that addition 111D.
Mr. Sasser: Do you want to proceed with the variance?
There was then a discussion on this.
Sasser: Please understand, that if you don't get the variance, you can nc-
%*'CIIICTer just sell that lot.
fir. Dicke: I hear you.
��ir. eve s;an: What I am going to do Mr. Hirkala, I am going to pose the ques-
r tc the Town Attorney and get a ruling.
t_o_
.4f. Lehigh: It is your interest to adjourn this hearing; and find out what yep. r
1Hgal options are, and what you have to do, and which way you should go, anO
tiler come back and talk to us.
'sir. Levenson: What I would suggest you doing is Sending me a copy of the deeds
i both pieces of property, for my examination, I will send them on to the. Tcwii
t`o-ney to yet a legal. ruling on the joining.
.fir. Hirl.ala: I would also like to see Secretary of States Office, if need be
backup to aer an opinion on this. And get this into us as soon as possible,
ecause the passibility exists that we can't even hear this case. or the possi-
":ility exists that if we do hear this case and grant the variance we are going,
tc, take away a lot from you; and that is a hell of an investment for y :u - t t
the window.
T ]ere was a discussion on this.
Pi:,'.
Levenson: We; could proceed, and if we get everything back, we could ;old a:i
af'ciurned public hearing at the workshop on March 24.
t Brooker: I would like to ask a question, you said before that you are going
Piave an employee in the house.
1 -Ir . Dicke: 111o., me I am the employee.
<r. Brucker: How many people are going to be in the house during the day?
_r. Li< ke: My family and me.
:r. Brooker: You said one employee before and I wanted to clarify that.
'ir. Leiiigl`: You are asking now to establish a business in a residential area.
kaw�r . Dicke : I air, the only employee .
iir. Leve-, on: Let me explain what is going to happen. The Board is probably
Page V
v.
Hirkala:
You own for all practical
purposes one lot.
sir.
Le�en 0=_1:
Lots in the exact same name adjoining each
other
have been by
} �' _ L•ahi iii
1987 or 88 been joined.
ir.
:riser: Mr.
Dicke, I might suggest
that you request
that we
adjourn this
y�ntii you are
certain of what you want
to do.
Dike. I
agree. By all rights I can
proceed, with my
addition
now.
M--.
Hirkala :
No you can't, what you have to do is come in for a
and
erase that
lot line.
��ir. eve s;an: What I am going to do Mr. Hirkala, I am going to pose the ques-
r tc the Town Attorney and get a ruling.
t_o_
.4f. Lehigh: It is your interest to adjourn this hearing; and find out what yep. r
1Hgal options are, and what you have to do, and which way you should go, anO
tiler come back and talk to us.
'sir. Levenson: What I would suggest you doing is Sending me a copy of the deeds
i both pieces of property, for my examination, I will send them on to the. Tcwii
t`o-ney to yet a legal. ruling on the joining.
.fir. Hirl.ala: I would also like to see Secretary of States Office, if need be
backup to aer an opinion on this. And get this into us as soon as possible,
ecause the passibility exists that we can't even hear this case. or the possi-
":ility exists that if we do hear this case and grant the variance we are going,
tc, take away a lot from you; and that is a hell of an investment for y :u - t t
the window.
T ]ere was a discussion on this.
Pi:,'.
Levenson: We; could proceed, and if we get everything back, we could ;old a:i
af'ciurned public hearing at the workshop on March 24.
t Brooker: I would like to ask a question, you said before that you are going
Piave an employee in the house.
1 -Ir . Dicke: 111o., me I am the employee.
<r. Brucker: How many people are going to be in the house during the day?
_r. Li< ke: My family and me.
:r. Brooker: You said one employee before and I wanted to clarify that.
'ir. Leiiigl`: You are asking now to establish a business in a residential area.
kaw�r . Dicke : I air, the only employee .
iir. Leve-, on: Let me explain what is going to happen. The Board is probably
PacTe t
u::=ilig to adjourn it; and we will hold an adjourned public hearing the secc,nv'
"IeSday in April. which is normally a workshop. Number 2 you will get me the
CC� .es of the deeds on both lots and send them to me, I will give you file card.
Will in tarn write two letters, one to the Town Attorney and one to '-IIIc
L,E! Outy General Council to the Secretary of State, and get an opiniol-i back.
— . Dicke: An opinion on what?
_. Levenson: Opinion as to whether the lots adjoin, and what the effect is.
_. Dicke: The effect of what?
:i.-irkala. On the variance request.
Levenson: The other thing is, I would suggest Mr. Chairman that yo -u Set ar,
Dn cite inspection just for the purpose of keeping the record in order. h.ld
gIIit I suggest Mr. Chairman, March 14th at 10: A. M.
,:"here was a discussion on this, the date was then set for March 16th at 5: P.M.
1r. Dicke: If these two properties are one I can go ahead and put up niy e�te1-,-
=ioii, I don't care about the price of the property, I understand your cel:rcer: S.
It if I was to go ahead and do this, can I just go ahead and do that and I
have to conte back here anymore?
!,1--. Levenson: Let the Board determine that after they get the lega' cpiii _n ;
f,. -Dir, the Attorneys.
Dicke: If they are not one then I can make them one, and I don't have to
cone back?
''Ir. Sasser: Yes.
-;h-re was further discussion on this and how this could be done.
;I
Lehgl:: You are still going to have to get a building permit. So you are
:;_;t going to get away scot free.
ir.Dicke. I was hoping.
Mr. Hirkala: Made a. motion to adjourn the public hearinig until Apri;. 13th. `ter
at the convenielice of all parties concerned.
LTi:. Sasser: Herb. you want to do this on the 14th which is normally the pLIblic,
iii, arincis. ,
?ail.. Levenson : 14c), the normal workshop.
i . Lehigh: You want it on the 24th then.
Mr. Leven:�on: No, the 14th.
M
F
Pace 10
�. Sasser: The 14th is a public hearing.
jr. Levenson: We can have it on the 24th of March that is correct.
Lehigh: Seconded.
Vote: All ayes.
Mr. Lehigh: Made a motion to adjourn.
Mr. Eitterlich: Seconded.
Vote: All ayes.
'Meeting was adjourned at 8:15 P.M.
Very respectfully yours;
Ga Ann Hardisty, Sery
Town of Wappinger Zonin_ Board