2013-03-26AwIC'
Town of Wappinger Zoning Board of Appeals Town Hall
MEETING DATE: March 26, 2013 20 Middlebush Road
TIME: 7:30 PM Wappinger Falls, NY
Acceptance of the Minutes from February 26, 2013 and March 12, 2013
Public Hearing:
Appeal No. 12-7473
7oseoh 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 reauired, 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 reauestina a 17 foot rear vard 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
reauestina a 5 foot side vard setback.
The property is located at 7 Morgan Court and is identified as Tax Grid No. 6258-01-
188954.
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
Discussion:
Anneal No. 13-7486
Richard & Laurie Harlin-Is seeking an area variance of Section 240-37 of Zoning
Regulations in an R-40 Zoning District.
-Where 25 feet to the side vard is required for the construction of a 20 foot x 16
foot open deck, the applicant can only provide 23 feet, thus requesting a 2 foot side
vard variance.
The property is located at 4 Nicole Drive and is identified by Tax Grid No. 6257-03-
376405.
}
Anneal No. 13-7485
Laura Burns-Is seeking an area variance of Section 240-37 of Zoning Regulations in an
R-20 Zoning District.
-Where 40 feet to the rear yard is required for an existing 15 x 32 oval above
ground pool, the applicant can only provide 39 feet, thus requesting a 1 foot rear
vard variance.
The property is located at 30 Easter Road and is identified by Tax Grid No. 6056-01-
216765.
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Town of Wappinger
Zoning Board of Appeals
MINUTES
Town of Wappinger
Zoning Board of Appeals
March 26, 2013
Summarized Minutes
Members:
Mr. Prager
Mr. Della Corte
Mr. Casella
Mr. Johnston
Mr. Galotti
Others Present:
March 26, 2013 Minutes
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman -Absent
Member
Member
Member
Member
Mrs. Barbara Roberti Zoning Administrator
Ms. Sue Rose Secretary
SUMMARY
Joe Carino
Mark Hopkins
Richard & Laurie Harlin
Laura Burns
Variance Granted
Variance Granted
Site Visit & Public Hearing
Site Visit & Public Hearing
,, w 1 ~
Town of Wappinger
Zoning Board of Appeals March 26, 2013 Minutes
Mr. Casella: I would like to call the Town of Wappinger Zoning Board of Appeals to
order. Roll call please.
Ms. Rose: Howard Prager-----Absent
Tom Dellacorte-----Here
Al Casella-----------Here
Bob Johnston-------Here
Peter Galotti--------Here
Mr. Casella: The first order of business this evening is to accept the minutes from
February 26, 2013 and March 12, 2013.
Mr. Johnston: I make a motion to accept the minutes from February 26, 2013 and March
12, 2013.
Mr. Casella: Next item on tonight's agenda is a Public Hearing:
Appeal No. 12-7473
Joseph 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
r~uesting a 5 foot side vard setback.
The property is located at 7 Morgan Court and is identified as Tax Grid No. 6258-01-
188954.
Mr. Casella: Sue, are all the mailings in order?
Ms. Rose: Yes.
Mr. Carino: We have gone through everything at this point. You all have been out to
see it and I have taken your recommendations. No one responded back
from the mailings.
Mr. Casella: Is there anyone in the audience that would like to comment on this
variance?
Mr. Casella: Let the record show there is no one for or against this variance.
Mr. Della Corte: Since this is a Public Hearing can you go over everything again.
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Town of Wappinger
Zoning Board of Appeals March 26, 2013 Minutes
Mr. Carino: We are putting in an above ground pool with a deck. We originally were
going for a side yard variance but after taking your recommendations we
moved the pool so we will not be so close to our neighbors. In doing so I
reduced the variance. In doing so it set us back. Then the winter hit and
that is why there was a six month gap.
Mr. Casella: Any other questions before I make a motion to close the public hearing?
Mr. Galotti: I make a motion to close the Public Hearing.
Mr. Johnston: Second.
Mr. Casella: Do I have a motion to grant or deny this variance?
Mr. Galotti: I make a motion to grant this variance. This cannot be achieved by
any other means. It does not have an undesirable change on the
neighborhood. The variance is substantial but it cannot be
accomplished any other way. The applicant did change his plan to
reduce the variance. It is self created.
Mr. Johnston: Second.
Mr. Casella: Roll call vote.
Ms. Rose: Tom Della Corte Aye.
Bob Johnston Aye
Peter Galotti Aye
AI Casella Aye
Mr. Casella: Next on the agenda is a Public Hearing for:
Appeal 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
Mr. Casella: Sue, are all the mailings in order?
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Town of Wappinger
Zoning Board of Appeals March 26, 2013 Minutes
Ms. Rose: Yes, sir.
Mr. Casella: 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. Casella: Mr. Hopkins, please tell us what you would like to do.
Mr. Hopkins: I would like to replace the small porch and make it larger. It will be 20
feet wide and 6 feet deep. It will have a roof on it.
Mr. Casella: We did do a site visit. Does anyone have a question since going to the
site?
Mr. Galotti: It will be getting deeper.
Mr. Hopkins: Yes, it will be 2 feet deeper.
Mr. Johnston: When you say deeper, you mean closer to the road.
Mr. Hopkins: Yes.
Mr. Casella: I noticed a building permit. Are you doing other work on the house?
Mr. Hopkins: Yes, I am insulated house and giving it an upgrade.
Mr. Casella: I noticed the foundation is a stone foundation.
Mr. Hopkins: The exterior looks a little rough but the interior is fine. It's about 3 feet
wide. The house was built in 1790 but I don't think the upper structure is
that old.
Mr. Casella: What are you doing with the shed?
Mrs. Roberti: What are you doing with the deck?
Mr. Hopkins: I put railings on the deck.
Mrs. Roberti: Was the deck existing?
Mr. Hopkins: Yes.
Mr. Casella: Is the shed exempt?
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Town of Wappinger
Zoning Board of Appeals
March 26, 2013 Minutes
Mrs. Roberti: The shed is exempt because it had gotten amnesty but if you ever where to
replace it you would need a permit. You cannot put the new shed in the
same spot and you would have to come in and get a variance for that.
Mr. Casella: Does anyone in the audience have any questions?
Mr. Casella: Can I have a motion to close the Public Hearing?
Mr. Johnston: I make a motion to close the Public Hearing.
Mr. Galotti: Second.
Mr. Casella: All in favor?
Board: Aye.
Mr. Casella: Can I have a motion to grant or deny this variance.
Mr. Galotti: I make a motion to grant the variance. It cannot be achieved by any
other means. There is no undesirable effect to the neighborhood. The
request is substantial and cannot be achieved any other way. It will
not have any effects on the environment.
Mr. Johnston: Second.
Mr. Casella: Roll call vote.
Ms. Rose: Tom Della Corte Aye
Peter Galotti Aye
Bob Johnston Aye
Al Casella Aye
Mr. Hopkins: Thank you.
Mr. Casella: Next on the agenda is a discussion on:
Appeal No. 13-7486
Richard & Laurie Harlin-Is seeking an area variance of Section 240-37 of Zoning
Regulations in an R-40 Zoning District.
-Where 25 feet to the side yard is required for the construction of a 20 foot x 16
foot open deck, the applicant can only urovide 23 feet, thus requesting a 2 foot side
vard variance.
The property is located at 4 Nicole Drive and is identified by Tax Grid No. 6257-03-
376405.
5
Town of Wappinger
Zoning Board of Appeals March 26, 2013 Minutes
Ms. Niemiec: My name is Lisa Niemiec and I am with My Way Home Improvements.
We would like to construct a 20 x 16 foot open deck. There is no existing
deck there now. We need a 2 foot variance off the left side.
Mr. Casella: Can you make the deck 20 x 14?
Ms. Niemiec: No because it is the edge of the house.
Mr. Della Corte: You are not moving any closer with the dimensions toward the line from
the house?
Ms. Niemiec: No, I even went out there today and measured again.
Mr. Galotti: How high off the ground is it?
Ms. Niemiec: I believe it is 12 feet high.
Mr. Galotti: There is nothing there now.
Ms. Niemiec: The back of the house has windows and I think he is putting in a sliding
glass door.
Mr. Johnston: This deck is going to use the line of the house.
Mr. Niemiec: Yes.
Mr. Casella: I would like to schedule a site visit. This Saturday at 9:30 am and can you
stake out the area where the deck is going. The Public Hearing will be
Apri19~'.
Mr. Casella: The next item on the agenda is:
Appeal No. 13-7485
Laura Burns-Is seeking an area variance of Section 240-37 of Zoning Regulations in an
R-20 Zoning District.
-Where 40 feet to the rear_vard is required for an existing 15 x 32 oval above
ground Wool, the applicant can only urovide 39 feet, thus requesting a 1 foot rear
vard variance.
The property is located at 30 Easter Road and is identified by Tax Grid No. 6056-01-
216765.
Mr. Buggs: My name is Lemonte Buggs. When we bought the pool, the salesman said
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Town of Wappinger
Zoning Board of Appeals March 26, 2013 Minutes
we didn't need a variance. We were all new to it. We figured he
knew what he was talking about.
Mr. Johnston: How far away is your septic?
Mr. Buggs: I would say about 30 feet.
Mr. Johnston: How far is it from your property line? The right side property line to
where the pool starts?
Mr. Buggs: (Pointing to the map) around 30 feet. If I want to build a deck, would I
need to come back for a variance?
Mrs. Roberti: You may not. Come into my office and I will help you.
Mr. Casella: I would like to set up a site visit for this Saturday at loam. The Public
Hearing will be Apri19~'.
Mr. Casella: Can I have a motion to close our meeting.
Mr. Johnston: I make a motion to close the meeting.
Mr. Galotti: Second.
Mr. Casella: All in favor?
Board: Aye
Respectfully Submitted,
Susan Rose, Secretary
Zoning Board of Appeals
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