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2003-11-25 ZONING BOARD OF APPEALS November 25, 2003 ......... Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: November 25th, 2003 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappingers Falls, NY Approve Minutes for November 12th, 2003. Approve Site Minutes for November 22, 2003. Public Hearin2:s: 03-7207 Raymond & Shirley Wa2:enhorst -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 21 feet to allow a 12 X 24 foot accessory structure. thus reQuestin2: a variance of 4 feet. The property is located on 81 All An2:els Hill Road and is identified as Tax Grid No. 6258-02-511740 in the Town of Wappinger. ""'- 03-7206 Betty-Joyce MontaQue -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a front yard setback of 50 feet is reQuired, the applicant is proposing a front yard setback of 29 feet to allow for a 24 X 24 foot attached 2:ara2:e. thus reQuestin2: a variance of 21 feet. - Where a rear yard setback of 50 feet is reQuired, the applicant is proposing a rear yard setback of 34 feet to allow for a 24 X 24 foot attached 2:ara2:e. thus reQuestin2: a variance of 16 feet. The property is located on 1 Harbor Hill Road and is identified as Tax Grid No. 6259- 04-764313 in the Town of Wappinger. 03- 7208 Kuoetz/Scorsone -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a front yard setback of 75 feet is reQuired from a state or county road, the applicant is proposing a front yard setback of 35.6 feet to allow for a new house. thus reQuestin2: a variance of 39.4 feet. The property is located on 299 All An2:els Hill Road and is identified as Tax Grid No. 6257-02-950772 in the Town of Wappinger. ......... ZONING BOARD OF APPEALS November 25, 2003 Discussions: --... 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. '-" --... 2 Page] Town of Wappinger Zoning Board of Appeals Minutes of November 25,2003 MINUTES Town of Wappinger Zoning Board of Appeals November 25, 2003 Summarized Minutes Members Present: Others Present: Town Hall 20 Middlebush Road Wappinger Falls, NY Mr. Prager, Mr. diPiemo, Mr. Fanuele, Mr. Warren, V ice-Chaim1an Member Member Member Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary SUMMARY Public Hearings: Wagenhorst Mr. Fanuele: Mr. diPiemo: Vote: Mr. Fanuele: Mr. diPiemo: Vote: Granted Variance. Montaque Granted Variance. Kupetz/Scorsone Granted Variance with condition. Carter Public Hearing on December 9,2003. Motion to approve Minutes for November 12, 2003. Second the motion. All present voted aye. Motion to approve Site Minutes for November 22, 2003. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals .~ Page 2 Minutes of November 25, 2003 03-7207 Raymond & Shirley Wa2:enhorst -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 reauired, the applicant is proposing a side yard setback of 21 feet to allow a 12 X 24 foot accessory structure. thus reQuestin2: a variance of 4 feet. The property is located on 81 All An2:els Hill Road and is identified as Tax Grid No. 6258-02-511740 in the Town of Wappinger. Mr. diPierno: Mr. Warren: Vote: Mr. Prager: Mrs. Roberti: Mr. Wagenhorst: ...... Mr. Prager: Mr. Wagenhorst: Mr. Prager: Mr. Wagenhorst: Mr. Warren: Mr. Wagenhorst: ........ Motion to open the public hearing. Second the motion. All present voted aye. Are all the mailings in order Barbara? Yes they are. In 1985 I built a pole barn 21 feet from the side of my property. I am asking for a 4 foot variance from the side to make this legal. I would like it to remain since it has 7 cords of wood stored in it to heat my house. Vic and I did go out and do a site inspection. We noticed how neat it was and how it resembled your home. We did notice a little lean-to in the back yard, what is that for? It is to protect a car that is there from the snow and it is temporary. How far into those woods do you own? About 115 feet behind the house. There are 67 acres that surround 2 sides of my property that are owned by the New Hackensack Fire Company. What are you storing and is there electric? Basically wood for heating the house and lawn furniture. Yes I have electric and I will be getting that inspected once I continue with the building permit. Town of Wappinger Zoning Board of Appeals ...... Mr. Prager: Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mr. Warren: Roll call: ...... Page 3 Minutes of November 25, 2003 Good. Does anyone in the audience have any questions? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Motion to declare a neg.dec. Second the motion. All present voted aye. Motion to grant the variance since the area is kept neat; it is not undesirable to the neighborhood. This is not substantial and will create no adverse effects. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. 03-7206 Bettv-Jovce MontaQue -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a front yard setback of 50 feet is reQuired, the applicant is proposing a front yard setback of 29 feet to allow for a 24 X 24 foot attached 2:ara2:e. thus reQuestin2: a variance of 21 feet. The property is located on 1 Harbor Hill Road and is identified as Tax Grid No. 6259- 04-764313 in the Town of Wappinger. Mr. diPierno: Mr. Warren: Vote: Mr. Prager: Mrs. Roberti: ....... Motion to open the public hearing. Second the motion. All present voted aye. Are all the mailings in order Barbara? Yes they are. Town of Wappinger Zoning Board of Appeals ,...... Mrs. Montaque: Mr. Prager: Mr. Fanuele: Mrs. Montague: Mr. Fanuele: Mr. Prager: ,...... Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mr. diPierno: Roll call: Mr. Prager: ......... Page 4 Minutes of November 25,2003 We need to add a family room, bedroom and garage. The garage will be 24 X 24 feet. I did a site visit out to your home and I noticed that the house is close to the road also. So we are looking at a variance for the side and rear. Does anybody on the board have any questions? The garage will be less of a problem then the house is. When was the house built? In the 50's. I guess that's why it's so close. Is there anybody in the audience with a comment? Hearing none. Motion to declare a neg. dec. Second the motion. All present voted aye. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the two variances but if you move the driveway you will need to get Graham Foster's approval. Second the motion. Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. I don't believe there will be an undesirable change to the neighborhood. It is not detrimental although it is substantial and I don't believe it will cause any adverse effect to the neighborhood. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of November 25,2003 ......... 03-7208 Kupetz/Scorsone -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a front yard setback of 75 feet is required from a state or county road, the applicant is proposing a front yard setback of 35.6 feet to allow for a new house. thus reQuestin2 a variance of 39.4 feet. The property is located on 299 All An2els Hill Road and is identified as Tax Grid No. 6257-02-950772 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: Are all the mailings in order Barbara? Mrs. Roberti: Yes they are. Mr. Scorsone: I need a front yard setback of 39 feet because this is a county road and the property is narrow. ........ Mr. Prager: We did a site visit out there recently. Mr. Fanuele: Where are you putting the house? Mr. Scorsone: Where it is shown on the site plan. I have a driveway permit from the state, county and the town and the bonds are also paid. Mr. Prager: Does anyone in the audience have a question? Mr. Heady: Glenn Heady, 298 Old All Angels Hill Road. My question is about the drainage from this property? Water goes down hill and you are going to flood me out. Mr. Scorsone: I would direct it toward the empty lot. Are you across the street? Mr. Heady: My back yard floods out from the water from your property. Can I look at the map? At this time Mr. Heady and Mr. Scorsone went to the front to review the map. ........ Town of Wappinger Zoning Board of Appeals "- Mr. Scorsone: Mr. Heady: Mr. Prager: Mrs. Lukianoff: Mr. Scorsone: Mrs. Lukianoff: ....... Mr. Scorsone: Mr. Heady: Mr. Prager: Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mr. Scorsone: Mr. Fanuele: Mr. Warren: "- Page 6 Minutes of November 25,2003 There is a culvert pipe proposed for in front of the driveway. It's pretty deep when you first step in there. The water goes across the street from All Angels and Old All Angels, goes through that pipe and dumps onto my property and into my back yard. Tania. In a situation with a new lot it will be reviewed by the Town Engineer. The applicant will have to address the issue of drainage. This does not mean that he is going to solve the problems you have now but he cannot increase your problem. So this is something that will have to be mitigated otherwise it will not be accepted by the town. Mr. Paggi the Engineer to the Town is very meticulous about resolving these issues. You can proceed with the variance and put in a stipulation. I will put in erosion control. It's more then that. I'll have my engineer do a storm water plan. This will still wind up in the same place. Does anyone else have a question? Hearing none. Motion to declare a Pos. Dec. Second the motion. All present voted aye. Motion to close the public hearing. Second the motion. All present voted aye. What is the long dotted line for? It is the building envelope. Motion to grant the variance with the condition that the drainage issue be addressed and that no more water is discharged onto the property adjacent to this. Second the motion. Town of Wappinger Zoning Board of Appeals Page 7 Minutes of November 25,2003 ....... Roll call: Mr. Warren: Mr. diPiemo: Mr. Fanuele: Mr. Prager: Aye. Aye. Aye. Aye. Mr. Prager: It is a substantial variance at 53 %. We really can't make it smaller. It will not be undesirable to the character of the neighborhood and it is not detrimental to the area. 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. Mr. Carter: Weare seeking a variance for our side yard. We built a deck and it is 5 feet into the setback. We talked to our neighbor on that side and they are ok with it. ....... Mr. Warren: How large is the deck? Mr. Carter: About 12 X 20 approximately and it is around a 24 foot pool. Mr. Prager: Who put the pool in? Mr. Carter: Classic Pool. Mr. Prager: Who did the deck? Mr. Carter: Leisure Tech. Mr. Fanuele: How far from the property line will the steps be without the steps? Mr. Carter: About 15 to 17 feet without the steps. The property runs diagonally. Mr. Prager: When did you by the house? ....... Town of Wappinger Zoning Board of Appeals Page 8 Minutes of November 25,2003 '-" Mr. Carter: In 2001 and it was built in 1998. Mr. Warren: Can steps be put on the other side? Mr. Carter: No because we have tied this deck into an upper deck that comes off the house. Mr. Prager: We will do a site visit on this on November 29,2003 and hold your public hearing on December 9,2003. Mr. Warren: Mr. diPiemo: Vote: Motion to be Lead Agency. Second the motion. All present voted aye. Mr. Carter: Thank you. Mr. diPierno: Mr. Warren: Vote: Motion to adjourn. Second the motion. All present voted aye. Mr. Fanuele: I'd like to make a motion that we send a letter to the Town Board that we favor the reappointment of Howard to the ZBA. Second the motion. All present voted aye. "-'" Mr. Warren: Vote: Meeting ended at 8: 15 PM Respectfully Submitted, Barbara Roberti, Secretary Secretary - Zoning Board of Appeals "-"