2003-12-09
ZONING BOARD OF APPEALS
December 9, 2003
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Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: Decemberr 9th, 2003
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappingers Falls, NY
Approve Minutes for November 25th, 2003.
Public HeariDl!s:
03-7209
Christopher & Debra Carter
-Seeking an area variance of Section 240-37 of District Regulations in an R-20
Zoning District.
- Where a side yard setback of 20 feet is reQuired, the applicant is proposing a side yard
setback of 15 feet to allow for a pool deck with steps thus reQuestine: a variance of 5
feet.
The property is located on 54 Mina Drive and is identified as Tax Grid No. 6257-01-
062590 in the Town of Wappinger.
....
Discussions:
03-7210
Richard & Donna Lone:
-Seeking an area variance of Section 240-37 of District Regulations in an R-40
Zoning District.
- Where a side yard setback of 25 feet is reQuired, the applicant is proposing a side yard
setback of 20 feet to allow for a 2 car detached e:arae:e thus reQuestine: a variance of 5
feet.
The property is located on 6 Brown Road and is identified as Tax Grid No. 6357-01-
045709 in the Town of Wappinger.
,.....
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Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of December 9,2003
MINUTES
Town of Wappinger
Zoning Board of Appeals
December 9, 2003
Summarized Minutes
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Members Present:
Mr. Prager,
Mr, diPierno,
Mr. Fanuele,
Mr. Warren,
Vice-Chairman
Member
Member
Member
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Others Present:
Mrs, Lukianoff, Zoning Administrator
Mrs. Roberti, Secretary
SUMMARY
Public HeariD!~s:
Carter
Granted Variance with conditions.
Discussions:
Long
Public Hearing on January 13, 2004.
Mr. Warren:
Mr. diPierno:
Vote:
Motion to approve Minutes for November 25, 2003.
Second the motion.
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of December 9,2003
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03-7209
Christopher & Debra Carter
-Seeking an area variance of Section 240-37 of District Regulations in an R-20
Zoning District.
- Where a side yard setback of 20 feet is reQuired, the applicant is proposing a side
yard setback of 15 feet to allow for a pool deck with steps thus reQuestin2 a variance
of 5 feet.
The property is located on 54 Mina Drive and is identified as Tax Grid No. 6257-01-
062590 in the Town of Wappinger.
Mr. diPierno:
Mr. Warren:
Vote:
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Mr. Prager:
Barbara are the mailings all in order?
Mrs. Roberti:
Yes they are.
Mr. Carter:
Weare seeking a variance for our side yard for steps to our deck.
We need a five foot variance to allow steps so we may access the
deck.
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Mr. Prager:
Who built this deck?
Mr. Carter:
Leisure Tech.
Mr. Prager:
How long have you owned the home?
Mr. Carter:
Two years.
Mr. Prager:
When was this deck built?
Mr. Carter:
In August of this year.
Mr. Fanuele:
Did you have a permit for this deck?
Mr. Carter:
Yes.
Mrs. Lukianoff:
This permit was amended in August of 2003 which resulted in
the Carter's needing a variance.
Mr. Fanuele:
This plot plan does not reflect the deck that is at his property.
His deck is not in the rear but up front near his driveway.
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Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of December 9,2003
.........
Mrs. Lukianoff:
But it still is a side yard variance that he needs.
Mr. Prager:
You drew this showing the pool away from the house.
Mr. Carter:
Could I see that?
Mr. Prager:
Come up here and take a look.
Mr. Carter:
I didn't draw that, I think my wife did. But what can I say, it
looks right.
Mr. Prager:
Does anyone have a question? Does anyone in the audience have
a comment or question? Hearing none.
Mr. diPiemo:
Since Vic did the site visit, where is the deck?
Mr. Fanuele:
In the rear. There's a deck behind the house and then this one
comes down off of the first one.
Mr. diPierno:
Mr. Warren:
Vote:
Motion to declare a neg.dec.
Second the motion.
All present voted aye.
.......
Mr. Fanuele:
Mr. diPierno:
Vote:
Motion to close the Public Hearing.
Second the motion.
All present voted aye.
Mr. diPierno:
Roll call:
Motion to grant the variance with the condition that the
applicant plant several evergreens to shield the deck and
steps from his neighbor.
Second the motion.
Mr. Warren: Aye.
Mr. diPierno: Aye.
Mr. Fanuele: Aye.
Mr. Prager: Aye.
Mr. Fanuele:
Mr. Prager:
We have determined that this is not detrimental to your
neighborhood, nor undesirable. This is self-created but it is not
substantial. Your variance is granted and will be filed within
five days.
Mrs. Lukianoff:
Can we have clarification as to just how many bushes this
condition requires?
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Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of December 9,2003
Mr. Fanuele:
Four to five bushes planted two to four feet apart to screen the
neighbor.
.......
Mr. Prager:
You can bring pictures to the Zoning Administrator in the spring
to show her that this has been complied with.
Mr. Carter:
Thank you.
03-7210
Richard & Donna Lon2
-Seeking an area variance of Section 240-37 of District Regulations in an R-40
Zoning District.
- Where a side yard setback of 25 feet is required, the applicant is proposing a side
yard setback of 20 feet to allow for a 2 car detached 2ara2e thus reQUestin2 a
variance of 5 feet.
The property is located on 6 Brown Road and is identified as Tax Grid No. 6357-01-
045709 in the Town of Wappinger.
Mr. Long:
We are looking to build a 26 X 32 foot detached garage. I need a
variance for the side yard setback.
.......
Mr. Fanuele:
Your garage is now under your home, what will you do with
that?
Mr. Long:
I need storage now but there is a possibility that in the future my
mother may need to move in with us.
Mr. diPiemo:
What will you store in the house garage?
Mr. Long:
Possibly my boat or other things from my attic.
Mr. Warren:
How long have you resided there?
Mr. Long:
16 to 17 years.
Mr. diPierno:
Mr. Warren:
Vote:
Motion to declare the ZBA lead agency.
Second the motion.
All present voted aye.
Mr. Prager:
We will do a site visit out to your house but we will probably
come at different times between now and the public hearing.
We will set your public hearing for January 13,2003.
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,
Town of Wappinger
Zoning Board of Appeals
Mrs. Lukianoff:
.......,.,
Mr. Long:
Mr. Prager:
Mr. Fanuele:
Mrs. Lukianoff:
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Mr. diPierno:
Mr. Warren:
Vote:
Page 5
Minutes of December 9,2003
If you should decide to make an accessory apartment in your
home in the future for your mother please be advised that you
will need to come in for a special use permit if there will be a
kitchen.
Thank you.
I just wanted to inform the board that yesterday I attended a Land
Use training day at which Barbara and June Visconti were also
present.
Are we getting any thing on whether that tree is going to require
a variance?
At this moment Mr. Payerle is trying to do an end run basically
to the Town Board first. I have been assured by Mr. Ruggiero
that he is going to send him to you for an interpretation. As far
as I am concerned the clock is still ticking. Once the
determination is made he has 60 days to appeal my decision.
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 8:00 PM
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ar ra Roberti, Secretary
Secretary - Zoning Board of Appeals