2013-08-13Town of Wappinger Zoning Board of Appeals Town Hall
MEETING DATE: August 13, 2013 20 Middlebush Road
TIME: 7:30 PM Wappinger Falls, NY
Site Visits: Michael Smith
Public Hearin s:
Appeal No. 13-7501
Catherine Kalinski- Is seeking an area variance of Section 240-37 of Zoning Regulation
in an R-15 Zoning District.
-Where the maximum size of an accessory apartment shall be subordinate in area to the
principal dwelling and shall not exceed 35% of the gross floor area of said principal
dwelling and in no event exceed 1,000 square feet of gross floor area, the applicant can
provide 40%, thus requesting a 5% variance.
The property is located at 8 Midge Drive and is identified by Tax Grid No. 6156-01-
445721 in the Town of Wappinger.
Apnea) No. 13-7502
Michael Smith _Is seeking an area variance of Section 240-37 of Zoning Regulation in
an R-40/80 Zoning District.
-Where a 50 foot front yard setback is required for the installation of a 20 x 34 A/G
pool with deck, the applicant can only provide 26 feet thus requesting a 24 foot
variance.
-Where a 40 foot right side yard setback is required for the installation of a 20 x 34
A/G pool with deck, the applicant can only provide 22 feet thus requesting an 18 foot
variance.
The property is located at 47 Marlorville Road and is identified by Tax Grid No.
6157-01-008835 in the Town of Wappinger.
Discussion•
Appeal No. 13-7506
]av Rusnock- 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 expansion of the existing deck
from 4' X 8' to 12' X 16', the applicant can only provide 39 feet thus requesting an
11 foot variance.
The property is located at 36 Alfreda Drive and is identified by Tax Grid No. 6157-
03-130494 in the Town of Wappinger.
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Town of Wappinger
Zoning Board of Appeals
MINUTES
Town of Wappinger
Zoning Board of Appeals
August 13, 2013
Summarized Minutes
Members:
Mr. Prager
Mr. Della Corte
Mr. Casella
Mr. Johnston
Mr. Galotti
Others Present:
Chairman
Member
Member
Member
Member
August 13, 2013 Minutes
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Mrs. Barbara Roberti Zoning Administrator
Ms. Sue Rose Secretary
SUMMARY
Catherine Kalinski
Michael Smith
Jay Rusnock
Granted
Granted
Public Hearing August 27~ & Site Visit
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Town of Wappinger
Zoning Board of Appeals August 13, 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
Mr. Prager: First on the agenda is a Public Hearing for:
Aaaeal No. 13-7501
Catherine Kalinski- Is seeking an area variance of Section 240-37 of Zoning Regulation
in an R-15 Zoning District.
-Where the maximum size of an accessory apartment shall be subordinate in area to the
principal dwelling and shall not exceed 35% of the gross floor area of said principal
dwelling and in no event exceed 1,000 square feet of gross floor area, the applicant can
provide 40%, thus requesting a 5% variance.
The property is located at 8 Midae Drive and is identified by Tax Grid No. 6156-01-
445721 in the Town of Wappinger.
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.7ohnston: Second.
Mr. Prager: All in favor?
Board: Aye.
Mr. Prager: Please come up and state your name, address and why you need this
variance.
Ms. Kalinski: My name is Cathy Kalinski I live at 8 Midge Drive. I bought the house
in 1986. They said it was a legal Mother/Daughter but not a legal two
family. My sister has lived down stairs since I purchased the house.
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Town of Wappinger
Zoning Board of Appeals August 13, 2013 Minutes
There are no locks between the apartments. We have dinner together
every night. The kids are up and down. The dogs are up and down.
This all started when I had a new furnace put in. They inspected the
furnace and said I have an illegal apartment. They called the second
kitchen a summer kitchen when I bought the house.
Mr. Prager: Does anyone on the board have any questions?
Mr. Johnston: When did you purchase the house?
Ms. Kalinski: 1986.
Mr. Prager: This is nothing you added on.
Ms. Kalinski: No, it was already in the house and we have been living like this
since.
Mr. Prager: 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. Prager: Do I have a motion to close the Public Hearing?
Mr. ]ohnston: I make a motion to close the Public Hearing.
Mr. Casella: Second.
Mr. Prager: All in favor?
Board: Aye.
Mr. Prager: Do I have a motion to grant or deny this variance?
Mr. Galotti: I make a motion to grant this variance.
Mr. Johnston: Second.
Mr. Prager: Roll call vote.
Ms. Rose: Tom Della Corte Aye
Bob ]ohnston Aye
AI Casella Aye
Peter Galotti Aye
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Town of Wappinger
Zoning Board of Appeals August 13, 2013 Minutes
Howard Prager: Aye
Mr. Prager: Next on the agenda is another Public Hearing on:
Apueal No. 13-7502
Michael Smith _Is seeking an area variance of Section 240-37 of Zoning Regulation in
an R-40/80 Zoning District.
-Where 50 feet to the front yard property line is required, the applicant can only
provide 39 feet, thus requesting an 11 foot variance for the installation of a 20 x 34
foot above ground pool with deck.
-Where 50 feet to the rear yard property line is required, the applicant can only
provide 39 feet, thus requesting an 11 foot variance for the installation of a 20 X 34
foot above ground cool with deck.
-Where 40 foot to the side yard property line is required, the applicant can only
provide 22 feet, thus requesting an 18 foot variance for the installation of a 20 X 34
foot above around Wool with deck.
The property is located at 47 Marlorville Road and is identified by Tax Grid No.
6157-01-008835 in the Town of Wappinger.
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. Casella: I make a motion to open the Public Hearing.
Mr. Johnston: Second.
Mr. Prager: All in favor?
Board: Aye.
Mr. Prager: Please come up and state your name for the record and why you
need this variance.
Mr. Smith: Michael Smith.
Mr. Prager: We did do a site visit.
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Town of Wappinger
Zoning Board of Appeals August 13, 2013 Minutes
Mr. Smith: My property is a small lot in a larger zoning area. I am trying to put
in a 20 X 34 above ground pool with a deck. I have it in the best
spot. I don't want it further back on the property because it is
shady and the trees would give off a lot of debris. I believe the
spot I picked is the best spot.
Mr. Prager: You do have more property in the front of the house except it is
the town property. It really isn't as bad as it sounds.
Mr. Galotti: Is the 20 X 34 the whole pool including the deck?
Mr. Smith: Yes.
Mr. Prager: Any questions from the audience?
Mr. Prager: Let the record show there is no one in the audience for or against
this variance.
Mr. Prager: Do I have a motion to close the Public Hearing?
Mr. Casella: I make a motion to close the Public Hearing.
Mr. ]ohnston:
Mr. Prager:
Board:
Second.
All in favor?
Aye.
Mr. Prager: Can I have a motion to grant or deny this variance?
Mr. Casella: I make a motion to grant this variance.
Mr. Galotti:
Mr. Prager:
Second.
Roll call vote.
Ms. Rose: Tom Della Corte
Bob )ohnston
AI Casella
Peter Galotti
Howard Prager
Mr. Prager: Next on the agend
Aye
Aye
Aye
Aye
Aye
a is a discussion on:
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Town of Wappinger
Zoning Board of Appeals
Appeal No. 13-7506
August 13, 2013 Minutes
)av Rusnock- 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 expansion of the existing deck
from 4' X 8' to 12' X 16', the applicant can only provide 39 feet thus requesting an
11 foot variance.
The property is located at 36 Alfreda Drive and is identified by Tax Grid No. 6157-
03-130494 in the Town of Wappinger.
Mr. Prager: Please come up and state your name for the record.
Mr. Rusnock: My name is Jay Rusnock.
Mr. Prager: I see here that you want to expand your existing deck.
Mr. Rusnock: Yes, what I would like to do is go out to a deck that I can put
a table and some chairs.
Mr. Prager: From the picture, you have a very small deck.
Mr. Rusnock: What you are seeing is a 4 X 8 walkway. If you continue down and
to the other side, there is a deck in that corner. What I have to do
is walk out the kitchen door and turn left and go all the way down
there. (Pointing to a picture.) I thought it would be nice to have a
deck off the kitchen door. Also, from the pictures you can see it is
very private there.
Mr. Prager: Are you doing steps too?
Mr. Rusnock: Yes.
Mr. Casella: From the pictures, I see you have a wooded area behind your
house. How far back is your properly? Does it go beyond the
woods?
Mr. Rusnock: Looking at the map, it is almost to the other house.
Mr. Casella: Will the steps be coming down by the air conditioning side?
Mr. Rusnock: Yes, the air conditioning side.
Mr. Prager: Is this marked out yet?
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Town of Wappinger
Zoning Board of Appeals August 13, 2013 Minutes
Mr. Rusnock: No but I will.
Mr. Prager: We will have a site visit this Saturday.
Mr. Galotti: Can you mark out your property line?
Mr. Rusnock: I know where the corner markers are. I also can show you on a
map.
Mr. Della Corte: Are you leaving the existing deck?
Mr. Rusnock: The 4 X 8 feet is coming out and being replaced with the 12 X 16.
Mr. Prager: How big is you lot?
Mrs. Roberti: 1.11 acres.
Mr. Prager: The Public Hearing will be at the next meeting.
Mr. Prager: Can I have a motion to adjourn this meeting?
Mr. Casella: I make a motion to adjourn this meeting.
Mr. ]ohnston: Second.
Mr. Prager: All in favor?
Board: Aye.
Respectfully Submitted,
Susan Rose, Secretary
Zoning Board of Appeals
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