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2013-05-14Town of Wappinger Zoning Board of Appeals Town Hall MEETING DATE: May 14, 2013 20 Middlebush Road TIME: 7:30 PM Wappinger Falls, NY Acceptance of the Minutes from March 26, 2013 and April 9, 2013 Public Hearin4: ADDeaI No. 13-7487 Katherine Gallagher & Kerrv Gallman-Is seeking an area variance of Section 240-37 of Zoning Regulations in an R-20 Zoning District. -Where a 40 foot rear yard 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 yard setback. -Where a 20 foot side yard 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. Discussion• Appeal No. 13-7489 Chelsea Yacht Club-Permanent Awning-Is seeking an area variance of Section 240- 37 of Zoning Regulation in an R-40 Zoning District. -Where a 50 foot rear vard setback is required for the installation of a 16' x 34' permanent wood awing, the applicant can only provide 27 feet to the shore line, thus requesting at 23 rear yard setback. The property is located at 22 Front Street and is identified by Tax Grid No. 5956-12- 938659. Town of Wappinger Zoning Board of Appeals Town of Wappinger Zoning Board of Appeals May 14, 2013 Summarized Minutes Members: Mr. Prager Mr. Della Corte Mr. Casella Mr. Johnston Mr. Galotti Others Present: MINUTES Chairman Member Member Member Member May 14, 2013 Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Mrs. Barbara Roberti Zoning Administrator Ms. Sue Rose Secretary SUMMARY Katherine Gallagher & Kerry Gallman Granted Chelsea Yacht Club (Awning) Site Visit & Public Hearing 1 Town of Wappinger Zoning Board of Appeals May 14, 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- --Here AI Casella-----------Here Bob Johnston-------Here Peter Galotti--------Here - 7:34pm Mr. Prager: First item on the agenda is the acceptance of the minutes from March 26, 2013 and April 9, 2013. Do I have a motion to accept the minutes? Mr. Casella: I make a motion to accept the minutes. Mr. Johnston: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: Next on the agenda is a Public Hearing on: Appeal No. 13-7487 Katherine Gallagher & Kerrv Gallman-Is seeking an area variance of Section 240-37 of Zoning Regulations in an R-20 Zoning District. -Where a 40 foot rear yard 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 yard setback. The property is located at 6 Steinhaus Lane and is identified by Tax Grid No. 6057- 02-756511. Mr. Prager: Sue, are all the mailing in orders? Ms. Rose: Yes, sir. Mr. Prager: Can I have a motion to open the Public Hearing? 2 Town of Wappinger Zoning Board of Appeals May 14, 2013 Minutes Mr. 7ohnston: I make a motion to open the Public Hearing. Mr. Casella: Mr. Prager: Second. All in favor? Board: Aye. Ms. Gallman: My name is Kerry Gallman and I'm looking to install an above ground pool. The property is an odd shape and the only logical location is to install it in that location. Mr. Prager: We were all out there for a site visit. I noticed you have a shed on the properly and a fence. Is that your property line? Mr. Gallman: No, the plastic fence beyond that. We believe the gentleman we bought the house from put that up to hide the leaves. Mr. Prager: It says on the site plan that it is 26 feet from your house to your property line. That would be on the West side. On the plan you are saying it should be 29 feet. Ms. Gallman: We did it with a walking wheel. Mr. Prager: I'm closer to 29 feet. Ms. Gallman: Should it be updated on the plot plan? Mr. Prager: If that is the case, your deck my come out more. Let's leave it as far as your variance goes. Any other questions? Does anyone in the audience have any questions? 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. Galotti: I make a motion to close the Public Hearing. Mr. 7ohnston: Second. Mr. Prager: All in favor? Board: Aye. 3 Town of Wappinger Zoning Board of Appeals May 14, 2013 Minutes Mr. Prager: Can I have a motion to grant or deny this variance? Mr. Johnston: I make a motion to grant this variance. Mr. Galotti: Second. Mr. Prager: I would like to mention with the shape of your lot there is not really any other way. Roll call vote. Mr. Della Corte: Aye Mr. Johnston: Aye Mr. Casella: Aye Mr. Galotti: Aye Mr. Prager: Aye Mr. Prager: Next on the agenda is: Appeal No. 13-7489 Chelsea Yacht Club-Permanent Awning-Is seeking an area variance of Section 240- 37 of Zoning Regulation in an R-40 Zoning District. -Where a 50 foot rear yard setback is required for the installation of a 16' x 34' permanent wood awing, the applicant can only provide 27 feet to the shore line, thus requesting at 23 rear yard setback. The property is located at 22 Front Street and is identified by Tax Grid No. 5956-12- 938659. Mr. Cryoff: My name is Serge Cryoff and I am one of the trustees for the Chelsea Yacht Club. We are looking to install a permanent awing. It will be the same size as the temporary one that is there now. We are asking a setback variance. We do have a 10 year under water license that is renewable every 10 years. The awing will be on the west side of the building face the river. Mr. Prager: Will it be in the same size? Mr. Cryoff: It will be the same footprint and the same spot. Just like the pictures. Mr. Johnston: Will it come out as far? 4 Town of Wappinger Zoning Board of Appeals May 14, 2013 Minutes Mr. Cryoff: Yes. It will be identical in height, width, and length. The foot print is identical. The property is very narrow. There is 17ft to the railroad fence. We don't have 50 feet. Mr. Della Corte: Why are you replacing it? Mr. Cryoff: There are a couple of reasons. It is inconvenient to put it up and take it down every year. It leaks and looking into it, it is cost effective to put up a permanent structure. Mr. Prager: Will it be opened? Mr. Cryoff: Yes, the sides will be open. It will look exactly like the pictures you have in front of you. It will be able to hold the snow load, all the calculations you have in front of you. Mr. Prager: We will have a site visit. Is this Saturday good for everyone? Mr. Della Corte: I'll be going down another time. Mr. Prager: We will have the Public Hearing at the next meeting which will be May 28tH Mr. Prager: Before we adjourn, what are we doing with Mr. Mari? Ms. Rose: I spoke to his wife and he is in Florida and will not be back until May. He thought he was on for this meeting but I had told his wife he would be on for May 28th. His wife never gave him the message. Mr. Prager: Can I have a motion to adjourn this meeting? Mr. Galotti: I make a motion to adjourn this meeting. Mr. Casella: Second. Mr. Prager: All in favor? Board: Aye. Respectfully Submitted, Susan Rose, Secretary Zoning Board of Appeals 5