2013-04-09Town of Wappinger Zoning Board of Appeals
MEETING DATE: April 9, 2013
TIME: 7:30 PM
Public Hearing:
Apueal No. 13-7485
Town Hall
20 Middlebush Road
Wappinger Falls, NY
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 pool, the applicant can only urovide 39 feet, thus requesting a 1 foot rear
yard variance.
The property is located at 30 Easter Road and is identified by Tax Grid No. 6056-01-
216765.
Apueal 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 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.
Discussion•
Apueal No. 13-7487
Katherine Gallagher & Kerry Gallman-Is seeking an area variance of Section 240-37
of Zoning Regulations in an R-20 Zoning District.
-Where a 40 foot rear vard setback is required for the installation of an above
ground pool and deck, the applicant can only provide 13 feet 6 inches, thus
requesting a 26 foot 4 inch rear vard setback.
-Where a 20 foot side vard setback is required for the installation of an above
ground pool and deck, the applicant can only provide 12 feet, thus requesting an 8
foot side vard setback.
The property is located at 6 Steinhaus Lane and is identified by Tax Grid No. 6057-
02-756511.
Town of Wappinger
Zoning Board of Appeals
Town of Wappinger
Zoning Board of Appeals
Apri19, 2013
Summarized Minutes
Members:
Mr. Prager
Mr. Della Corte
Mr. Casella
Mr. Johnston
Mr. Galotti
Others Present:
MINUTES
Apri19, 2013 Minutes
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member-Absent
Member-Absent
Member
Member
Mrs. Barbara Roberti Zoning Administrator
Ms. Sue Rose Secretary
SUMMARY
Richard & Laurie Harlin
Laura Burns
Katherine Gallagher &
Kerry Gallman
Variance Granted
Variance Granted
Site Visit & Public Hearing
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Town of Wappinger
Zoning Board of Appeals
Apri19, 2013 Minutes
Mr. Prager: I would like to call the Town of Wappinger Zoning Board of Appeals
to order. Roll call please.
Ms. Rose: Howard Prager-----Here
Tom Della Corte-----Absent
AI Casella-----------Absent
Bob Johnston-------Here
Peter Galotti--------Here
Mr. Prager: Next on the agenda is a Public Hearing on:
Auueal 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_existinq 15 x 32 oval above
around pool, 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. 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. Galotti: I make a motion to open the Public Hearing.
Mr. Johnston: Second.
Mr. Prager: All in favor?
Board: Aye.
Mr. Prager: For the record, please state your names.
Mr. Buggs: I am Lemonte Buggs and this is Laura Burns. I took measurements of
the pool and my measurements are off.
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Town of Wappinger
Zoning Board of Appeals
Apri19, 2013 Minutes
Mr. Prager: When we went out there, we had that feeling.
Mr. Buggs: The measurement from the small porch in the back that was 74 feet
and the measurement from the pool back is 36 feet.
Mrs. Roberti: Which measurement is off?
Mr. Buggs: (Pointing to the map) the rear measurement should be 36 not 39.
Mr. Prager: So you need a 4 foot rear yard variance.
Mr. Prager: Does anyone have any questions?
Mr. Galotti: The only question I had was the measurement and that has been
corrected.
Mr. Prager: Is there anyone in the audience for or against this variance?
Mr. Prager: Showing none, 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: Can I have a motion to grant or deny this variance.
Mr. Johnston: I make a motion to grant this variance. It is not an
undesirable change to the neighborhood. The variance is not
substantial. It will not cause any environmental changes to
the neighborhood.
Mr. Galotti: Second.
Mr. Prager: Roll call vote.
Ms. Rose: Peter Galotti Aye
Bob Johnston Aye
Howard Prager Aye
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Town of Wappinger
Zoning Board of Appeals Apri19, 2013 Minutes
Mr. Buggs: Thank you.
Mr. Prager: The next Public Hearing is:
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 vard 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.
Mr. Prager: Sue, are all the mailings in order?
Ms. Rose: Yes sir.
Mr. Prager: Do 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. Prager: Please state your name for the record.
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 because the code requires 25 feet and we
can only provide 23 feet.
Mr. Prager: When we did our site inspection we did notice there was no deck.
It was marked out clearly.
Mr. Prager: Is there anyone in the audience that would like to speak for or
against this variance.
Mr. Pagan: My name is Albert Pagan and I am a neighbor of the Harlin's.
We live at 6 Nicole Drive. We are not disapproving the job; we just
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