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2013-05-28Town of Wappinger Zoning Board of Appeals MEETING DATE: May 28, 2013 TIME: 7:30 PM Public Hearing: Appeal No. 13-7487 Town Hall 20 Middlebush Road Wappinger Falls, NY 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. The property is located at 22 Front Street and is identified by Tax Grid No. 5956-12- 938659. Discussion• Appeal No. 13-7480 Anthony & Nina Mari-Is seeking an area variance of Section 240-37 of Zoning Regulations in an R-20 Zoning District. -Where 15 feet to the side vard is reauired for an existing 20' X 20'car Wort, the applicant can only urovide 13 feet, thus requesting a 2 foot side vard variance. The property is located at 12 Barbara Lane and is identified by Tax Grid No. 6156-02- 556828. Appeal No. 13-7490 .7ennifer Barrett- Is seeking an area variance of Section 240-37 of Zoning Regulations in an R-40 Zoning District. -Where a 50 foot front vard setback is reauired for the construction of a 26' x 27' two car garage, the applicant can only urovide 26 feet, thus requesting a 24 foot variance. The property is located at 100 Rosewood Drive and is identified by Tax Grid No. 6256-01-455940. Appeal No. 13-7491 Elvia Duaue-Is seeking an area variance of Section 240-37 of Zoning Regulations in an R-20 Zoning District. -Where application 30470 for a permit to construct the conversion of basement aaraae into family room for an accessory apartment. The application was denied because it exceeds 35%. The property is located at 89 Scott Drive and is identified by Tax Grid No. 6257-04- 738388. Appeal No. 13-7492 7eff & Denise Erns-Is seeking an area variance of Section 240-37 of Zoning Regulations in an R-20 Zoning District. -Where 20 feet is required to the side vard property line, the applicant can only provide 15 feet to the side vard property line for an existing 30 foot above ground pool, thus requesting a 5 foot variance. The property is located at 2407 Route 9D and is identified by Tax Grid No. 6157-01- 150686. Town of Wappinger Zoning Board of Appeals Town of Wappinger Zoning Board of Appeals May 28, 2013 Summarized Minutes Members: Mr. Prager Chairman Mr. Della Corte Member Mr. Casella Member Mr. Johnston Member Mr. Galotti Member May 28, 2013 Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Others Present: Mrs. Barbara Roberti Zoning Administrator Ms. Sue Rose Secretary SUMMARY Chelsea Yacht Club (Awning) Anthony Mari Jennifer Barrett Elvia Duque MINUTES Variance Granted Site Visit & Public Hearing Site Visit & Public Hearing No Show Jeff Erns Site Visit & Public Hearing 1 Town of Wappinger Zoning Board of Appeals May 28, 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 The first item on the agenda is a Public Hearing on: A~ueal 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. 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. ]ohnston: I make a motion to open the public hearing. Mr. Casella: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: Please state your name for the record since this is a Public Hearing. We did have a site visit. Mr. Cryoff: My name is Serge Cryoff and I am one of the trustees for the Chelsea Yacht Club. We have had since around 1980 a temporary awning off the back of the 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 not changing the usage or the size of the awning. It 2 Town of Wappinger Zoning Board of App eals May 28, 2013 Minutes will be located at the southwest corner of the building. We are asking a setback variance. 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. Prager: Is it still going to be opened? Mr. Cryoff: Yes. Mr. Prager: Does anyone have any questions. Is there anyone in the audience for or against this variance? Hearing none, can I have a motion to close the Public Hearing? Mr. Casella: I make a motion to close the Public Hearing. Mr. ]ohnston: Second. Mr. Prager: All in favor? Board: Aye Mr. Prager: Do I have a motion to grant or deny this variance? Mr. Casella: I make a motion to grant this variance. Mr. ]ohnston: Second. Mr. Prager: Roll call vote. Ms. Rose: AI Casella Aye Peter Galotti Aye Tom Della Corte Aye Bob ]ohnston Aye Howard Prager Aye 3 Town of Wappinger Zoning Board of Appeals May 28, 2013 Minutes Mr. Prager: Next on the agenda is a discussion on: Auoeal No. 13-7480 Anthony & Nina Mari-Is seeking an area variance of Section 240-37 of Zoning Regulations in an R-20 Zoning District. -Where 15 feet to the side vard is required for an existing 20' X 20'car Wort, the applicant can only urovide 13 feet, thus requesting a 2 foot side vard variance. The property is located at 12 Barbara Lane and is identified by Tax Grid No. 6156-02- 556828. Mr. Mari: My name is Anthony Mari. I have a 20 x 20 carport on the west side of the house. We get a lot of company, so back in 2004 I had to make a double driveway. We also parked cars on the side of the house so I decided to put up a car port. I can only provide 13 feet on that side of the house. I need 15 feet. Mr. Prager: I noticed you have 3 sheds on the property. Barbara is that allowed? Mrs. Roberti: The code states no more than 2 assessory buildings but these have been there a really long time. Mr. Prager: How long? You have A, B, and C. How long has A been there? (Looking at the plot plan) Mr. Mari: A was built in 2005 and B was built in 2006. Mr. Prager: Did you build them? Mr. Mari: Yes I did. Mr. Prager: How about C? Mr. Mari: C was put in 2008. It was pre manufactured. Mr. Prager: Why do you need them? Mr. Mari: I am a collector and I have a lot of things. We also put our outdoor furniture in there. Mr. Prager: On shed A you are showing what looks like 16 feet from the property line. 4 Town of Wappinger Zoning Board of Appeals Mr. Mari: Yes the back. Mr. Prager: On shed C, 6 feet is the closest? May 28, 2013 Minutes Mr. Mari: That is the one towards the front on the west side. Mr. Prager: They are not in the correct area. Barbara, what are the dimensions on the side yard? Mrs. Roberti: He is in a R-15 so he only needs 6 feet to the side. Mr. Prager: How big is the property? Mr. Mari: .27 Mr. Prager: We will have a site inspection and I would like to see the three sheds. It looks like you have a space between the house and the carport? Mr. Mari: Yes, about 18 inches. Mr. Prager: Does anyone else have any questions? Mr. Galotti: Is this a corner lot? Mrs. Roberti: It is an interior lot. Mr. Prager: We will have a site visit on June Stn Mr. Prager: The next item on the agenda is: Augeal No. 13-7490 Jennifer Barrett- Is seeking an area variance of Section 240-37 of Zoning Regulations in an R-40 Zoning District. -Where a 50 foot front yard setback is required for the construction of a 26' x 27' two car garage, the applicant can only urovide 26 feet, thus requesting a 24 foot variance. The property is located at 100 Rosewood Drive and is identified by Tax Grid No. 6256-01-455940. Mrs. Barrett: This is my husband Daniel Piper. Mr. Piper: I have pictures here to show you. 5 Town of Wappinger Zoning Board of Appeals May 28, 2013 Minutes Mr. Prager: Did we get these. Mr. Piper: No, I couldn't get these here earlier. Mr. Prager: If you don't need these back, I'll have our secretary make copies or the record. Mr. Piper: The house itself isn't very big and we have next to no storage and we now have two teenagers driving. The furthest point on the house (pointing to the map) I believe this corner here is 47 feet and then 41 feet. Mr. Johnston: Can you mark out where it will be constructed? Mr. Piper: It's not yet but I will do it. Mr. Prager: We will have a site visit. Mr. Prager: Next on the agenda is: Appeal No. 13-7491 Elvia Duaue-Is seeking an area variance of Section 240-37 of Zoning Regulations in an R-20 Zoning District. -Where application 30470 for a permit to construct the conversion of basement garage into family room for an accessory apartment. The application was denied because it exceeds 35%. The property is located at 89 Scott Drive and is identified by Tax Grid No. 6257-04- 738388. Ms. Rose: She isn't here. I left a voice mail message for her this morning and asked her to return my call so I know that she got the message and she never returned my call. Mr. Prager: Next on the agenda is: 6 Town of Wappinger Zoning Board of Appeals May 28, 2013 Minutes ]eff & Denise Erns-Is seeking an area variance of Section 240-37 of Zoning Regulations in an R-20 Zoning District. -Where 20 feet is required to the side vard urouerty line, the applicant can only provide 15 feet to the side vard property line for an existing 30 foot above ground pool, thus requesting a 5 foot variance. The property is located at 2407 Route 9D and is identified by Tax Grid No. 6157-01- 150686. Mr. Erns: The pool has been in place since April 2002. When we purchased the pool from Namco and the contractor said because it was an above ground pool no permit was needed. When never applied for a permit, not knowing we needed one. The lot is 2.7 acres. Mr. Johnston: Can you show us where the pool is? Mr. Erns: (Pointing to the map) this is the neighbor's garage and the pool is here. The property is wider in the back than the front. Mr. Della Corte: How did this violation come about? Mr. Erns: We found this on our door. Mr. Prager: We will do a site inspection. Mr. Casella: I know you have a large amount of property; do you have a fence along your property line? Mr. Erns: I have a survey and it is inches off of the neighbor's garage. I will mark it for you. Mr. Prager: The Public Hearing will be June 11tH Mr. Prager: Can I have a motion to adjourn. Mr. ]ohnston: I make a motion to adjourn. Mr. Galotti: Second. Mr. Prager: All in favor? Board: Aye. 7 Town of Wappinger Zoning Board of Appeals May 28, 2013 Minutes Respectfully Submitted, Susan Rose, Secretary Zoning Board of Appeals