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2013-06-11 Town of Wappinger Zoning Board of Appeals Town Hall MEETING DATE: )une 11, 2013 20 Middlebush Road TIME: 7:30 PM Wappinger Falls, NY Public Hearin4s: Appeal No. 13-7480 Anthony & Nina Mari-Is seeking an area variance of Section 240-37 of Zoning Regulations in an R-15 Zoning District. -Where 15 feet to the side yard is required for an existing 20' X 20'car port, the applicant can only provide 13 feet, thus requesting a 2 foot side yard variance. The property is located at 12 Barbara Lane and is identified by Tax Grid No. 6156-02- 556828 in the Town of Wappinger. Appeal 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 vard setback is required for the construction of a 26' x 27' two car aaraae, the applicant can only provide 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 in the Town of Wappinger. Appeal No. 13-7492 Jeff & 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 properly 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 in the Town of Wappinger. Discussion Appeal No. 13-7491 Elvia Duque-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 in the Town of Wappinger. ~'"~- Appeal No. 13-7488 Bank of America -seeking an area variance of Section 240-29 F (2)(a) of Zoning Regulations in an HB Zoning District. -Where a freestanding sign must be 25 ft. from the property line, the applicant is proposing 10 ft. from the properly line, thus requesting a variance of 15 ft The property is located at 1469 Route 9 and is identified as Tax Grid No. 6157-02- 609919 in the Town of Wappinger. Appeal No. 13-7493 Lorraine McGimpsev-Is seeking an area variance of Section 240-37 of Zoning Regulation in an R-15 Zoning District. -Where a 30 foot rear yard setback is required for the installation of a 24' above ground pool, the applicant can only provide 17 feet to the rear property line, thus requesting at 13 ft. variance. The property is located at 20 Ardmore Drive and is identified by Tax Grid No. 6257- 01-251511 in the Town of Wappinger. Town of Wappinger Zoning Board of Appeals Town of Wappinger Zoning Board of Appeals June 11, 2013 Summarized Minutes Members: Mr. Prager Chairman Mr. Della Corte Member Mr. Casella Member Mr. Johnston Member Mr. Galotti Member June 11, 2013 Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Others Present: Mrs. Barbara Roberti Zoning Administrator Mrs. Susan Dao Secretary SUMMARY Anthony Mari Jennifer Barrett Jeff Erns Elvia Duyue Bank of America Lorraine McGimpsey MINUTES Granted with Stipulations Granted Granted No Show Public Hearing 6/25 & Site Visit Public Hearing 6/25 & Site Visit Town of Wappinger Zoning Board of Appeals June 11, 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 The first item on the agenda is a Public Hearing on: 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 required for an existing 20' X 20'car wort, the applicant can only provide 13 feet, thus requesting a 2 foot side yard variance. The property is located at 12 Barbara Lane and is identified by Tax Grid No. 6156-02- 556828. 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 name. Mr. Mari: My name is Anthony Mari and I live at 12 Barbara Lane. I have a 20 x 20 carport at the side of my house. The variance requires 15 feet and I can only provide 13 feet. Mr. Prager: We did discuss the number of sheds you have on your property. Have you put any thought into that? 2 Town of Wappinger Zoning Board of Appeals June l 1, 2013 Minutes Mr. Mari: I would consider taking one of them down. Mr. Prager: Do you know which one you will be taking down? Mr. Mari: I think I'll take down the one in the front on the left. That is the pre fabricated one but I will need some time. Mr. Prager: How long do you think you will need? Mr. Mari: Three or four months. The reason I put up the third one because we have a lot of patio furniture. We decorate a lot. We have bird feeders. Mr. Prager: I would like to see it before 3 or 4 months. Mr. Mari: Do I have to take it down. Is this a direct order? Mr. Prager: Those properties down there are very small and the zoning has been changed because of that. Things get crowded down there when there are a lot of accessory items on the property. It would be better if you only had two sheds. Mr. Mari: I don't think it is that crowded. Mr. Prager: The zoning only recommends two sheds. Mr. Johnston: There isn't a full panel as you can see. Would you want us to vote tonight or do you want to wait for a full panel? Mr. Mari: I'm satisfied you can vote tonight. Mr. Prager: Any questions? Is there anyone in the audience for or against this variance? Mr. Prager: Let the record show, there is no one in the audience for or against this variance. Mr. Johnston: I make a motion to close the Public Hearing. Mr. Galotti: Second. Mr. Prager: All in favor? 3 Town of Wappinger Zoning Board of Appeals June 11, 2013 Minutes Board: Aye. Mr. Prager: Can I have a motion to grant or deny this variance? Mr. Galotti: I make a motion to grant the variance with the stipulation that you remove the shed. If we get you through the summer, you said it would be less of a hard ship? Is 60 days sufficient? Mr. Mari: 60 days will be fine. It will be the prefab shed. Mr. Prager: Second. Mr. Johnston: No Mr. Prager: I11 second it. Mr. Mari: Do you want me to call when I remove the shed? Mr. Prager: It would be wise. Roll call vote. Mrs. Dao: Mr. Johnston No Mr. Galotti Yes Mr. Prager Yes Mr. Prager: We do not have the three votes to grant this. The variance has not been granted. Mr. Johnston: Can we change it to 30 days? Mr. Mari: I will do it in 30 days if that is the time you are giving me. Mr. Johnston: If the stipulation is changed to 30 days, I would vote to grant the variance. Mr. Prager: Roll call vote again. Mrs. Dao: Mr. Galotti Yes Mr. Johnston Yes Mr. Prager Yes Mr. Prager: The next item on the agenda is another Public Hearing: 4 Town of Wappinger Zoning Board of Appeals Appeal No. 13-7490 June l 1, 2013 Minutes ]ennifer 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 required for the construction of a 26' x 27' two car garage, the applicant can only provide 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. Mr. Prager: Are all the mailings in order? Mrs. Dao: Yes. Mr. Piper: We are looking fora 24 foot variance for the construction of a 2 car garage. I'm trying to keep everything in line so I can't move the garage back. If I move it back it would look like an addition, I want it to look like it has always been there. Mr. Prager: The line is a little short on that one side. Does anyone have any questions? Mr. Galotti: Will you be using the same siding that is on the house? Mr. Piper: Yes. Mr. Johnston: The shed that is there now are you going to move it? Mr. Piper: No, it is going to be knocked down. 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 in the audience for or against this variance. Mr. Prager: I do have a letter here Mr. Kolaina that I would like to read. 5 Town of Wappinger Zoning Board of Appeals June 11, 2013 Minutes C- Ko aia~, Trustee 105 7orothy ~ ars bVappingsra Falls, IVe,w York 12~ap 212 739 722 4b'ork 3L'• 231 351 Cellular lra Hard Deliw~}~ Q8 dune 2i}13 ~" Mr. Hawr~d Eger, {:ha~rran • ~, • a ~~~~ Zorinc C3aa~r•~ of i,ppcals, Town o V4appinger •~,,x.,. ;;_ tivd,~';'`T°R 2fl A4iddlebubl•• R ;ad t'~`•~ blrapfiingers Falls, Ne~n~ York 125F11 Re: Variance req:~est'~y+ Uvv^4rbli F of Adjacent prep©r:y, A,pxal ~! 13-74G6 t~Ar_ Prage~= Vt~e are ;n rere`pt o.' le!ter dated 28 fAay 20 ~ 3 3y the Oa~e~hip pf thb property laeated et 9b0 Roaeuraod Drive: tax lot IJ 82v3~~1-AL;i8~0, fequesting a variance fn• the Construr wn of a Ferh`anent garage structure- As t!+eTn.:stee'orth~ adiacont praFsrty lar;at~ at t05 Dorothy Larie, I am submitting this corraspond~nce in lieu of attend rg the pt+bl~chaa•is~g ar `his matter (scheduled for next vieeK), tiNe haw na abject ons to tine adjacent propo~y Oamer's recue5! far a variance in this speciFc mat••nr: pravided in3t with r+aspec_ is the Mrooosrd garage {and an.y planned futuro struct~:es, aoditians, extensions, rnodificatio~ of existing s„a*ures, fencing, etc.). all mniern~rn C~:t~ f Zavr~ dearanca cr're~3 be'ween structu-es and sunrayed properFy Nees shall t~ respscte'J and m~inl~ined Please do nit hes3ate to contact rre a[ any of the teleGhvne nur'~a±rs shove, should •rvu t+avc any qu~Sons or ccncems. 4egar~s, t j C?+rlst r J. Kalaian, Tru~bse. vc tJls. Fia;hara Rahe~ti, Code Fninrcornent hd-ninistratar. Frt'. S.'~iamcrc; Slange-. Robes, Dav,S ~ uia°nc:~d, LLP Mr. Piper: This property is on the other street, it is behind my house and we are going the other way with the garage. 6 Town of Wappinger Zoning Board of Appeals June 11, 2013 Minutes Mr. Prager: Does anyone have any questions? 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. Mr. Galotti: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: Next on the agenda is another Public Hearing on: Auueal No. 1 3-7492 Jeff & 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 yard uroperty line, the applicant can only provide 15 feet to the side yard property line for an existing 30 foot above ground pool, thus requ esting a 5 foot variance. The property is located at 2407 Route 9D and is identified by Tax Grid No. 6157-01- 15 Mr. Prager: Are all the mailings in order? Mrs. Dao: Yes. 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? 7 Town of Wappinger Zoning Board of Appeals June 11, 2013 Minutes Board: Aye. Mr. Prager: We did have a site inspection. Mr. Erns: My name is Jeff Erns and I am here fora 5 foot variance for an above ground pool. It is a 34 foot round pool purchased from Namco back in 2002. We did not realize that a permit was needed. We were contacted by the town and was told we need a building permit. Mr. Prager: How did this come about? Mr. Erns: I really don't know but last year we had to replace the liner and 3 tanker truck had to come and refill the pool. Other than that I don't know. My two neighbors use the pool so I don't think it was them. Mr. Johnston: You got the permit for the electrical for the pool. Mr. Erns: Al electrical did come. They brought a gentleman with them and they did the electrical and then I backed filled it. Mr. Prager: Did you find the certificate? Mr. Erns: No, we are still looking for it. Mrs. Roberti: To close out the permit they will have to bring it in. When you got this inspected, did he ask you for a permit number? Mr. Erns: There is an inspection sticker on the inside of the panel. Mrs. Roberti: If you call him with the inspection number, he can reproduce the certificate. Mr. Prager: Is there anyone in the audience for or against this variance. Mr. Prager: Let the records show there is no one in the audience for or against this variance. Mr. Johnston: I make a motion to close the Pubic Hearing. Mr. Galotti: Second Mr. Prager: All in favor? 8 Town of Wappinger Zoning Board of Appeals Board: Aye. June 11, 2013 Minutes Mr. Galotti: I make a motion to grant the variance. Mr. Johnston: Second. Mr. Prager: Roll call vote. Mrs. Dao Mr. Galotti Aye Mr. Johnston Aye Mr. Prager Aye Mr. Prager: Next on the agenda is a discussion: Appeal No. 13-7491 Elvia Duque-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. 257- 4- 738388 in the Town of Wappinger. Mrs. Roberti: She is a no show again. Mr. Prager: Next on the agenda is a discussion: Appeal No. 13-7488 Bank of America -seeking an area variance of Section 240-29 F (2)(a) of Zoning Regulations in an HB Zoning District. -Where a free standing sign must be 25 ft. from the property line, the applicant is proposin4 10 ft. from the property line, thus reauestina a variance of 15 ft. The property is located at 1469 Route 9 and is identified as Tax Grid No. 6157-02- 609919 in the Town of Wappinger. Mr. Prager: Please state your name. Ms. Forrest: My name is Nancy Forrest and I work for Glode signs. Originally a sign was never put up. They only built the base for the sign. I believe the original site plan stated that if they put a sign up they would have to go in front of the Planning Board and they never did. 9 Town of Wappinger Zoning Board of Appeals June 11, 2013 Minutes If they had to go back 25 feet to put up a sign, they would be in the middle of the parking lot. Mr. Prager: Are they changing the base? Ms. Forrest: They are changing the base but the location will be the same. Mrs. Roberti: Just a little history. The first bank that was there came in in the 80's. They didn't know what they wanted to do with the sign so they asked the Planning Board not to hold up the construction of the bank and they would come back when they decide. There have been 5 or 6 banks since the first one and none of the banks wanted a free standing sign. Now this bank wants a free standing sign and now they have to go to the Planning Board; which they are. Mr. Prager: How many hours is this going to be illuminated? Ms. Forrest: Most towns and villages have the hours in the code. Ms. Roberti: Is this going to be LED? Ms. Forrest: No, it will be fluorescent. It will be internally lighted. Mr. Prager: I noticed it is going to be 26.82 square feet and the code says 25 square feet. Mrs. Roberti: The Planning Board has the right to waive the 25 square feet in the idea of good design. It is only a foot plus more. Mr. Prager: We will have a site visit and then make a recommendation to the Planning Board. A Public Hearing will be June 25"'. Mr. Prager: The next item on the agenda is: . AuDeal No. 13-7493 Lorraine McGimusey-Is seeking an area variance of Section 240-37 of Zoning Regulation in an R-15 Zoning District. -Where a 30 foot rear yard setback is required for the installation of a 24' above ground pool, the applicant can only provide 17 feet to the rear property line, thus requesting at 13 ft. variance. The property is located at 20 Ardmore Drive and is identified by Tax Grid No. 6257- 01-251511 in the Town of Wappinger. 10 Town of Wappinger Zoning Board of Appeals June 11, 2013 Minutes Mr. Prager: Please state your name for the record and explain what you need. Mrs. McGimpsey: My name is Lorraine McGimpsey. We bought the house in 1976 there was an existing 24 foot above ground pool. We need to replace the pool now. The new pool will be the same size and in the same spot. Mr. Prager: We will do a site visit on June 22"d. Is the old pool still there? Mrs. McGimpsey: No. Mr. Prager: Can you mark where it will be. Mrs. McGimpsey: There is a large circle with sand on it. We will be replacing the sane but that is where the pool will be going. Mr. Prager: We will have the Public Hearing on June 25~'. Mr. Prager: Can I have a motion to adjourn this meeting? Mr. Johnston: I make a motion to adjourn this meeting. Mr. Prager: Second. Mr. Prager: All in favor. Board : Aye. Respectfully Submitted, Susan Rose, Secretary Zoning Board of Appeals