2013-03-12
Town of Wappinger Zoning Board of Appeals Town Hall
MEETING DATE: March 12, 2013 20 Middlebush Road
TIME: 7:30 PM Wappinger Falls, NY
AMENDED
Public Hearing:
Appeal No. 13-7483
Mousy Nesheiwat-Is seeking an area variance of Section 240-3 of Zoning Regulations in
an R-40 Zoning District.
-Where 50 feet to the front yard is required for the construction of a house on an
existing non-conforming footprint, the applicant can only provide 32.3 feet, thus
requesting a 17.7 foot front vard variance.
-Where 50 feet to the rear vard is required for the construction of a house on an
existing non-conforming footprint, the applicant can only provide 18.1 feet, thus
requesting a 31.9 foot variance.
The property is located at 94 Robinson Lane and is identified by Tax Grid No. 6459-
03-070409.
Discussion•
A~ueal No. 13-7484
Mark Hopkins-Is seeking an area variance of Section 240.37 of Zoning Regulations in
an R-20 Zone District.
-Where 75 feet to a state or county highway is required for the construction of a
front porch, the applicant can only provide 52 feet, thus requesting a 23 foot front
yard variance.
-Where 20 feet to the side yard is required for the construction of a front porch, the
applicant can only provide 14 feet, thus requesting a 6 foot side yard variance.
The property is located at 89 Old Hopewell Road and is identified by Tax Grid No.
6157-01-118594
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Appeal No. 12-7473
7oseph Carino-Is seeking an area variance of Section 240-37 of District Zoning Regulations in
an R20 Zoning District.
-Where a rear yard setback of 40 feet is required, the applicant can only provide 23
feet for the installation of a 15X24 foot above ground pool and an attached 23' X 30' deck,
thus requesting a 17 foot rear yard setback.
-Where a side yard setback of 20 feet is required, the applicant can only provide 15 feet
for the installation of a 15x24 foot above ground pool and a 23'x30' attached deck, thus
requesting a 5 foot side yard setback.
The property is located at 7 Moraan Court and is identified as Tax Grid No. 6258-01-
188954.
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Town of Wappinger
Zoning Board of Appeals
MINUTES
Town of Wappinger
Zoning Board of Appeals
March 12, 2013
Summarized Minutes
Members:
Mr. Prager
Mr. Della Corte
Mr. Casella
Mr. Johnston
Mr. Galotti
Others Present:
Ms. Sue Rose
March 12, 2013 Minutes
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member -Absent
Member
Member
Member
Secretary
SUMMARY
Mousa Nesheiwat
Mark Hopkins
Joe Carino
Variance Granted
Public Hearing -March 26th
Public Hearing-March 26~'
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Town of Wappinger
Zoning Board of Appeals
March 12, 2013 Minutes
Mr. Prager: I would like to call the Town of Wappinger Zoning Board of Appeals to
order. Roll call please
Mrs. Rose: Howard Prager-----Here
Tom Dellacorte-----Absent
Al Casella-----------Here
Bob Johnston-------Here
Peter Galotti--------Here
Mr. Prager: The first item on tonight's agenda is a Public Hearing:
Auueal No. 13-7483
Mousa Nesheiwat-Is seeking an area variance of Section 240-3 of Zoning Regulations in
an R-40 Zoning District.
-Where 50 feet to the front vard is required for the construction of a house on an
existing non-conforming footprint, the applicant can only provide 32.3 feet, thus
requesting a 17.7 foot front vard variance.
-Where 50 feet to the rear yard is required for the construction of a house on an
existing non-conforming footprint, the applicant can only provide 18.1 feet, thus
requesting a 31.9 foot variance.
The property is located at 94 Robinson Lane and is identified by Tax Grid No. 6459-
03-070409.
Mr. Prager: Sue, are all the mailings in order?
Ms. Rose: Yes sir.
Mr. Prager: Can I have a motion to open the Public Hearing?
Mr. Johnston: I make a motion to open the Public Hearing.
Mr. Galotti: Second.
Mr. Prager: All in favor?
Board: Aye.
Mr. Morris: My name is Jason Morris from Day Engineering representing Mousa
Nesheiwat. The applicant purchased this house in disrepair and
demolished it. He will be building a new house on the same footprint of
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Town of Wappinger
Zoning Board of Appeals
March 12, 2013 Minutes
the old house. We are requesting a rear yard variance of 31.9 foot
variance and a front yard variance of 17.7 foot front yard variance. The
front yard variance will allow him to build stairs to gain access to the first
floor of the house.
Mr. Casella: It's not a house yet. It's only a foundation, correct?
Mr. Morris: Yes, right now it's only a foundation.
Mr. Casella: Is this going to be a rental property?
Mr. Morris: I don't know.
Mr. Johnston: Has the Board of Health approved the well and sepic?
Mr. Morris: We are in the process of approval right now.
Mr. Prager: I did notice that it says the shed will be removed.
Mr. Morris: It will be removed.
Mr. Galotti: On this plan it says shed to remain but on this plan it says shed to be
removed.
Mr. Morris: One map was done by the surveyor and the other was done by our office.
Mr. Prager: Is there anyone in the audience that would like to speak for or against this
variance?
Mr. Prager: Let the record show, there is no one for or against this variance.
Mr. Prager: Do I have a motion to close the Public Hearing?
Mr. Johnston: I make a motion to close the Public Hearing.
Mr. Galotti: Second.
Mr. Prager: All in favor?
Board: Aye.
Mr. Prager: Do I have a motion to grant or deny this variance.
Mr. Galotti: I make a motion to grant this variance. It appears this cannot be
achieved in any other means. There is no adverse effect to the
environment or the neighborhood.
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Town of Wappinger
Zoning Board of Appeals
Mr. Prager: It is substantial.
Mr. Johnston: Second.
March 12, 2013 Minutes
Mr. Casella: Before we grant this, can we have a stipulation that the shed be
removed before the c/o is issued.
Mr. Prager: Roll call vote.
Ms. Rose: Al Casella Yes
Peter Galotti Yes
Bob Johnston Yes
Howard Prager Yes
Mr. Prager: The variance has been granted and will be filed within 5 days.
Mr. Prager: Next on the agenda is a discussion on:
Anneal No. 13-7484
Mark Hopkins-Is seeking an area variance of Section 240.37 of Zoning Regulations in
an R-20 Zone District.
-Where 75 feet to a state or county hi4hwav is required for the construction of a
front porch, the applicant can only provide 52 feet, thus requesting a 23 foot front
yard variance.
-Where 20 feet to the side yard is required for the construction of a front porch, the
applicant can only provide 14 feet, thus requesting a 6 foot side yard variance.
The property is located at 89 Old Hopewell Road and is identified by Tax Grid No.
6157-01-118594
Mr. Hopkins: I am fixing this old house that I bought. I am not sure if I am going to rent
it or sell it. The house needs some astatic help. I looked at the other
homes in the area and they have charming front porches. My idea is to put
on a new porch. There is a small existing porch there now. I will make
the one I am proposing wide enough to be functional to be able to put a
chair and a table on there. I am asking 2 feet to the front. It will be the
same distance from the adjoining property that I am asking the variance
for.
Mr. Prager: What is there now?
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Town of Wappinger
Zoning Board of Appeals March 12, 2013 Minutes
Mr. Hopkins: It is a small entrance porch.
Mr. Hopkins: It might be a foot closer but not more than that.
Mr. Prager: (Reviewing map with board and Mr. Hopkins) (Maps are available for
viewing in the Building Department) Does anyone have any more
questions?
Mr. Galotti: You are making it wider as well as bigger?
Mr. Hopkins: Yes. The extension will be going away from the other house. (Reviewing
map)
Mr. Parger: How far out does that little porch come out now?
Mr. Hopkins: About 6 x 6 now.
Mr. Prager: So you will be coming out a little more than going out that way.
(Reviewing the pictures.) You will be 8 feet X 20 feet?
Mr. Hopkins: Yes. It may be a little less maybe 18 feet. The distance between the
boarder and the porch currently is 14 feet. I may need 1 foot that way.
(Reviewing the map)
Mr. Prager: If it goes that 1 foot, will it still be 14 feet or less?
Mr. Hopkins: I believe it will be 14 feet.
Mr. Prager: I would like to set up a site visit for March 23rd. I will be away that
weekend so I will make my site visit during the week.
Mr. Hopkins: I did spray where the porch would go.
Mr. Prager: You may want to spray closer to the date of the visit because of the
weather. (Pointing to the map) On this side can you put a stake where your
property line is? I'm not too worried about the front because I understand
your problem is being on a county road. Where your property line is could
you could also put a stake in the front of the house,
Mr. Prager: I will make the Public Hearing for the next meeting which will be March
26th.
Mr. Prager: The next item on the agenda is:
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Town of Wappinger
Zoning Board of Appeals
Appeal No. 12-7473
March 12, 2013 Minutes
7oseph Carino-Is seeking an area variance of Section 240-37 of District Zoning Regulations in
an R20 Zoning District.
-Where a rear vard setback of 40 feet is required, the applicant can only provide 23
feet for the installation of a 15X24 foot above ground pool and an attached 23' X 30' deck,
thus requesting a 17 foot rear yard setback.
-Where a side yard setback of 20 feet is required, the applicant can only provide 15 feet
for the installation of a 15x24 foot above ground pool and a 23'x30' attached deck, thus
requesting a 5 foot side yard setback.
The property is located at 7 Morgan Court and is identified as Tax Grid No. 6258-01-
188954.
Mr. Carino: My name is Joe Carino and I live at 7 Morgan Court. I have taken your
recommendations and in doing so I need less of a variance.
Mr. Prager: Where you are located it is not a big problem. We will not need a site
inspection since we were out there already.
Mr. Casella: The only thing we are doing here is the first variance for 20 feet is exactly
the same and the second is going from a 10 foot variance to a 5 foot
variance.
Mr. Carino: I drew up new plans and sent out the letter to all the neighbors.
Mr. Prager: We will check to see if the cards have to go out again but it will have to be
listed in the paper. I will make the Public Hearing for March 26~'.
Mr. Johnston: I make a motion to adjourn this meeting.
Mr. Casella: Second.
Mr. Prager: All in favor?
Board: Aye.
Susan Rose, Secretary
Zoning Board of Appeals