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1981-08-11The regular sweeting of the Zoning Board of Appeals of the Town of Wappinger was held on Tuesday, August 11, 1981, beginning at 8:00 p.m., at the Town Hall, Mill Street Wappinger Falls, New York. Members Present: Carol A. Waddle, Chairperson Charles A Cortellino Joseph E. Landolfi Donald McMillen Members Absent: G. George Urciuoli Betty -Ann Russ, Secretary Others Present: Judy Dugan, Acting Secretary Hans R. Gunderud, Bldg. Inspector/Zoning Admin. Mrs. Waddle then asked if the abutting property owners and the appellants had been notified. The secretary replied that the appellants and abutting property owners according to the records available in the Assessor's office had been notified. Mrs. Waddle then explained that it was the procedure of the Board to hear all the appeals and give everyone present an opportunity to be heard, it is asked that they give their name and addresses for the record, the Board then takes a short recess and then reconvenes at which time the Board may or may not render a decision on each appeal. Appeal ## 554, at the request of Joyce Mintz, seeking a variance pursuant to Article IV, Section 404.32, to allow an addition on an existing house located on a private road on property located on 17 Cedar Knolls, being parcel ##6158-02-619614, in the Town of Wappinger. Mrs. Mintz stated that she intended to put on a two room addition with an open deck on an existing house. It will include two bedrooms 12' x 12', no basement, cinderblock foundation. It meets the specifications and structural requirements. Mrs. Waddle asked if the only problem was that the building is located on a private road. Mrs. Mints replied that it was the only problem. That a building permit could not be granted. The addition is in the rear portion of the house and cannot be seen .✓' from the road. Mrs. Waddle asked if there was anyone present against this variance and then closed the hearing on this appeal at 8:07. N Page 2 Appeal #555, at the request of Walter S. Roeper, seeking a variance of Article IV, Section 421 to allow a deck addition with a 20' setback where 35' is required, on property located on 2 Bungalow Lane, being parcel #6257-01-441986, in the Town of Wappinger. Mrs. Waddle asked if there was anyone present to speak for this appeal. No one appeared. Then she asked if there was anyone present to speak against this appeal. No one appeared. The Board decided to hold this one until the other appeals were heard then call for it again. Appeal ##556, at the request of Harold Selkow, seeking a variance of article IV, Section 421, to permit construction of an apartment for family members in an R20 district zoned for single-family residences only, on property located at 1 Henry Road, being parcel ##6157-02-853947 in the Town of Wappinger. Mr. Selkow appeared and stated that this is a genuine hardship case on the part of his daughter and his two grandchildren. Mrs. Waddle asked if they were living with the Selkow's now. and Mr. Selkow stated that they will be at the end of this month which will make it very crowded. Mr. Selkow's son-in-law does not reside with his wife now. Mr. Cortellino asked if there will be a separate kitchen in this apartment. Mr. Selkow replied that there will be a separate kitchen. Mr. Cortellino asked if they could reside there without a separate kitchen. Mr. Selkow stated that his wife would prefer that their daughter and her family remain independant from them. Mr. McMillen stated that the zoning ordinance strictly states that you cannot have two residences in one building. Mr. Selkow commented that he understood this that was the reason for his appeal. Mrs. Waddle asked if there was any way he could avoid putting in a kitchen facility. Mr. Selkow stated that he would consult his wife. Mrs. Waddle stated that the key to this appeal was the second kitchen facility. Mr. Selkow asked if he eliminated the kitchen would he need a variance. Mr. McMillen stated that if Mr. Selkow could eliminate the kitchen it would technically be a one family dwelling -and he would not need a variance. Mr. McMillen stated that the Selkow property has another use in the building already with his Real Estate business. Mrs. Waddle asked if the addition was in conformance with the other zoning and Loll building codes. Mr. Gunderud reviewed the file with the Board regarding Page 3 The side lot measurements. It was discovered that there is no problem with side yard footage. Mrs. Waddle asked if Mr. Selkow realized that the footage required for the addition would be less if the kitchen was eliminated. Mrs. Waddle read a letter from an abutting property owner (Mrs. Kapla) objecting to this variance. She also read a letter from the Dutchess County Department of Planning recommending the decision be based upon local study of the facts in the case. Mr. Selkow was told by Mrs. Waddle that he could withdraw this appeal and submit a new one on the side lot variance, he would have to eliminate the kitchen in the plans. Mr. Selkow agreed to withdraw this appeal. Mr. Landolfi stated that it should be understood that there is no assurance that the Board will grant the new appeal for a variance at the time it is submitted. The appeal was withdrawn at 8:15. Appeal #557, at the request of Irene Langavek, seeking a variance of Article IV, Section 421, to allow a carport with a 26' fronyard selback where 35' is required, on property located at 42 Carroll Drive, being parcel #6257-04-845481, in the Town of Wappinger. Mrs. Judith Knox, Mrs. Langavek's daughter appeared for this appeal. She explained that the reasons for this appeal were that Mrs. Langavek has a heart problem and there are two cars in the family. One of the cars must be kept outside where it must be cleared of snow. Mrs. Waddle asked when Mrs. Langavek would return from Canada. Mrs. Knox stated some time next week. The contractor who is building the carport appeared and stated that he had started building under the assumption that it was alright, until the building inspector showed up and measured the distance from the road. Measuring from the road the carport is setback far enough, but the Town owns 10' more thus making the carport too close to the front line. The carport is finished except for the roof and some latticework. Mrs. Waddle asked if there was anyone present to speak against this variance. Appeal #557 was closed at 8:22. Appeal #558, at the request of Jerard Hankin and A.Y.Homes, Inc., seeking an interpretation of Article IV, Sections 411 and 521 also def- inition of a "lot", of the Town of Wappinger zoning Ordinance, in connection with premises located on Sylvia Drive, being parcel #6257-02- Page 4 790840, in the Town of Wappinger. Mrs. Waddle asked if there was anyone present to speak for this appeal: No one appeared. Mr. McMillen stated that this belongs at the Town Boafd level to have them clarify. Mr. McMillen made a motion that the Zoning Board of Appeals refer this matter to the Town Board. Seconded by Mr. Landolfi. Mr. Gunderud stated that this matter was before the Zoning Board simply because he denied him a building permit. Mr. Cortellino stated that the Town Attorney has already indicated that the Zoning Board does not have jurisdiction in the appeal. Mrs. Waddle called for a vote on the motion, the vote was unanimous for the motion to turn this appeal over to the Town Board. Appeal #559, at the request of Richard and Barbara Wiest, seeking an interpretation of (1) the number of uses permitted in the GB zone and (2) for a variance to allow two (2) principal uses in the GB zone, Article IV, Section 422, of the Town of Wappinger Zoning Ordinance, on property located on Route 376 and All Angels Hill Road, being parcel #6259-04-535175, in the Town of Wappinger. Steve Saland represented Mr. and Mrs. Wiest. The property is located at the intersection of Route 376, New Hackensack Road, and All Angels Hill Road. The building houses a grocery store and apartment. Mr. Wiest has done business at this location for about 20 years. The intersection is undergoing a drastic change and the access is being limited to one side of the property instead of two. This change in addition to the new supermarkets in the area have caused Mr. Wiest to suffer a financial loss in the past couple of years. Mrs. Wiest is a licensed Real Estate broker and wishes to use part of this building for a business. The hope to increase their income by adding this business and offset their losses. Mr. Saland gave the definition of a lot as a parcel of land not divided by streets devoted to a particular use. This limits the use of each lot to one particular use per lot. Then he spoke about the definition of use: it talks in terms of the purpose . No where in the definition of use does it define principle use, only accessory use and particular use. Mr. Saland then addressed himself to the question of the variance, citing unique circumstances and unnecessary hardship as reasons for granting a variance. Also whether the variance would be injurious to the neighborhood. The hardships which Mr. and Mrs. Wiest have suffered have been caused by outside forces. There are several multiuse buildings in the area such as Brescia and Lafko. Page 5 Mr. Cortellino asked Mr. Saland if it wouldn't be economically advantageous to operate a real estate business out of her home. He replied that it was more professional to have an office, but that possibility may be forced upon Mrs. Wiest as a necessity. Mrs. Waddle read a letter from the Dutchess County Planning Department regarding this appeal where they recommend denying this appeal for a variance. No one appeared to object to this appeal. The appeal hearing was closed at 8:45. Appeal #560, at the request of Russell Betters, seeking a Special Use Permit pursuant to Article IV, Section 422 of the Town of Wappinger Zoning Ordinance, to conduct a transmission repair shop on property located on Old Post Road, being parcel #6157-04-630435, in the Town of Wappinger. Mrs. Waddle asked if there was anyone present to speak for the appeal. No One appeared. Appeal #561, at the request of LeRoy and Betty Parkton, seeking a variance of Article IV, Section 422, of the Town of Wappinger Zoning Ordinance, to allow an addition to a residence in a HB -2 zone which does not permit residential uses, on property located on Albany Post Road, being parcel #6157-04-639251, in the Town of Wappinger. Mr. Parkton answered Mr. McMillen's question as to the addition containing a bedroom and bath. Mr. McMillen also questioned Mr. Gunderud regarding the side lines having enough room. The appeal was closed at 8:59. Appeal # 562, at the request of Harold Price, seeking a variance of Article IV, Section 412, of the Town of Wappinger Zoning Ordinance, to allow for the issuance of a building permit on a lot which will not rave the required legal road frontage, on property located on Johnston Place, being parcel #6256--1-490759, in the Town of Wappinger. Paul Stella, Esq. appeared representing Mr. Price who was also present. In May 1980 the Zoning Board of Appeals granted the Prices a variance to build the existing home on their property on Johnston Place. After the construction of the home a problem arose regarding the septic layout. The Dutchess County Board of Health required them to lay the septic system out differently than they had planned because of drainage problems. This ended up costing them $8000 rather then $2000-$3000 they had planned on. They also have an epileptic child who requires $40-$50 a month for special education. They need to sell off two acres to help them financially at this time. Mr. Stella showed the board a map to indicate where the two acres are located. Page 6 Mr. Stella pointed out that Mr. Price has maintained the road to his property. Mr. Price stated that a builder is waiting to see what the Zoning Board of Appeals decision. Mr. Landolfi pointed out that the Board warns property owners who build -on private roads of the additional expenses to maintain those roads. Mr. Price responded to Mr. Landolfi's question regarding the additional expenses with the septic system. Mr. Landolfi also questioned Mr. Price regarding the extra expense in educating his child. Mrs. Waddle asked if there was anyone present to speak against this appeal. This appeal was closed at 9:05. UNFINISHED BUSINESS Appeal #539, at the request of George and Esther Hulsair, seeking a Special Use Permit pursuant to Article IV, Section 421, paragraph 18 of the Town of Wappinger Zoning Ordinance, to permit them to convert their existing dwelling into a two-family residence on property located on 269 Myers Corners Road, being parcel ##6258-02- 970580, in the Town of Wappinger. Mr. and Mrs. Hulsair were present. The Town Highway Superintendant gave recommendations by letter and Mr. and Mrs. Hulsair agreed to abide by his letter. Mr. McMillen made a motion that Appeal #539 be approved. Seconded by Mr. Landolfi. Passed. Appeal #545, at the request of John Montfort, seeking a variance of Article IV, Section 421, Schedule of Regulations for Residential Districts (R-40 Zone) of the Town of Wappinger Zoning Ordinance and relief as an aggrieved person as kitchen facilities in a guest house were denied by the Building Inspector and were excluded in the building permit application for the property located on Cedar Hill Road being parcel #6256-01-405807, in the Town of• Wappinger. No one was present to speak for this appeal. The Board recessed for a short time at 9:10. When they reconvened the following motions were made. Appeal # 554 -Mr. Landolfi made a motion that this appeal be granted. Seconded by Mr. Cortellino. Vote was unanimous. Appeal #555 - Mr. McMillen made a motion that this appeal be tabled for further study. Seconded by Mr. Landolfi. Vote was unanimous. Appeal #556 was withdrawn by the appellant. Appeal #,557 - Mr. McMillen made a motion that this appeal be ` Page 7 approved. Seconded by Mr. Landolfi. Vote was unanimous. Appeal #558 - Referred to the Town Board. Appeal #559 - Mr. McMillen made a motion that this appeal be tabled for further review. Seconded by Mr. Cortellino. Vote was unanimous. Appeal #560 - Mr. McMillen made a motion that this appeal be referred to the Planning Board. Seconded by Mr. Cortellino. Vote was unanimous. Appeal #561 - Mr. Landolfi made a motion that this appeal be granted. Mr. Cortellino seconded. Vote was unanimous. Appeal #562 - Mr. Cortellino made a motion that this appeal be denied (there is a return on the property of its intended use). Mr. McMillen seconded. Vote was unanimous. Appeal ##539 - Approved earlier. Appeal ##545'- Mr. Landolfi made a motion that this appeal be denied. He pointed out that a guest house is exactly that, for guests who are normally those individuals having a transient status rather than a permanent status. Transients do not normally require ` full kitchen facilities. Seconded by Mr. Cortellino. Vote was unanimous. The meeting was adjourned at 10:00 p.m.