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2003-10-28 ZONING BOARD OF APPEALS October 28, 2003 '-" Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: October 28th, 2003 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappingers Falls, NY Approve Minutes for October 15th, 2003. Approve Site Minutes for October 25, 2003. Adiourned Public Hearin2: ."-" 03-7198/7200 Ronald & Maureen Rawald -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. 1. -Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 13.7 feet to allow for a 22 X 28 feet addition, thus reQUestin2 a variance of 6.3 feet. 2. Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 11.5 feet to allow for a 22 X 25.4 Y2 feet addition, thus reQuestin2 a variance of 8.5 feet. 3. -Where a front yard setback of 35 feet is required, the applicant is proposing a front yard setback of 22.6 feet to allow for a 6 X 21 foot front porch addition, thus reQUestin2 a variance of 12.4 feet. The property is located on 4 Applesauce Lane and is identified as Tax Grid No. 6258- 04-638057 in the Town of Wappinger. Public Hearin2s: 03-7202 Jerrv & Stacey O'Dell -Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning District. _ Where a side yard setback of 15 feet is reauired, the applicant is proposing a side yard setback of 7 feet 4 inches to allow a 22 X 16 foot addition, thus reauestin2 a variance of 7 foot 6 inches. The property is located on 6 Franton Drive and is identified as Tax Grid No. 6156-01- 477734 in the Town of Wappinger. ...... 1 ZONING BOARD OF APPEALS October 28, 2003 """ 03-7205 Roni & John Lobasso -Seeking an area variance of Section 240-37 of District Regulations in an R-20j40 Zoning District. _ Where a front yard setback of 50 feet is required, the applicant is proposing a front yard setback of 21 feet to allow for a front porch addition. thus reQuestin2: a variance of 29 feet. The property is located on 40 Park Hill Dr. and is identified as Tax Grid No. 6356-01- 055835 in the Town of Wappinger. 03-7203 Rose & Joseph Manz -Seeking an area variance of Section 240-37 & 240-21 (B)(4) 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 44 feet to allow for a 50X 62 foot Sport Court. thus reQuestin2: a variance of 6 feet. The property is located on 8 Stonewall Drive and is identified as Tax Grid No. 6259-03- 427022 in the Town of Wappinger. .""" 03-7204 Robert & Marv Ann Moran -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 19 feet to allow for a front porch addition. thus reQuestin2: a variance of 1 foot. The property is located on 11 Crabapple Court and is identified as Tax Grid No. 6257- 02-655968 in the Town of Wappinger. ......... 2 Page 1 Town of Wappinger Zoning Board of Appeals Minutes of October 28, 2003 MINUTES h'C\'~. ., ;;~, Town of Wappinger Zoning Board of Appeals October 28, 2003 Summarized Minutes Members Present: Member Absent: Others Present: Town Hall 20 Middlebush Road Wappinger Falls, NY Mr. diPiemo, Mr. Fanuele, Mr. Warren, Member Member Member Mr. Prager, V ice-Chairman Mrs, Lukianoff, Zoning Administrator Mrs. Roberti, Secretary SUMMARY Adjourned Public Hearings: Rawald Granted Three Variances, Public Hearings: O'Dell Lobasso Manz Moran Mr. Warren: Mr. diPiemo: Vote: Mr. Warren: Mr. diPiemo: Vote: Variance Granted. Variance Granted, Variance Granted with Conditions, Variance Granted. Motion to approve Minutes for October 15, 2003. Second the motion. All present voted aye. Motion to approve Site Minutes for October 25, 2003 as amended. Second the motion. All present voted aye. Page 2 Town of Wappinger Zoning Board of Appeals ........ Minutes of October 28, 2003 03-7198/7200 Ronald & Maureen Rawald -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. 1. -Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 13.7 feet to allow for a 22 X 28 feet addition. thus reQuestine a variance of 6.3 feet. 2. Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 11.5 feet to allow for a 22 X 25.4 ~ feet addition. thus reQuestine a variance of 8.5 feet. 3. -Where a front yard setback of 35 feet is required, the applicant is proposing a front yard setback of 22.6 feet to allow for a 6 X 21 foot front porch addition. thus reQuestine a variance of 12.4 feet. The property is located on 4 Applesauce Lane and is identified as Tax Grid No. 6258- 04-638057 in the Town of Wappinger. Mr. diPierno: Mr. Warren: Vote: ....... Mr. Fanuele: Mrs. Roberti: Mr. Rawald: Mr. Fanuele: Mr. Rawald: Mr. Fanuele: Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: ..... Move to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. You asked us to move the proposed deck and we did and you also asked us to move the rear addition over a few feet and we have also done that. That's good. The front and the side remain the same? Yes. We have new plans to show you. Mr. Rawald brought the plans up to the board for review. Is there anyone in the audience that would like to make any comments? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant all three variances. Second the motion. Page 3 Town of Wappinger Zoning Board of Appeals Roll call: ........ Mr. diPiemo: Mr. Fanuele; Mr. Rawald: Minutes of October 28, 2003 Mr. Warren: Mr. diPiemo: Mr. Fanuele: Aye. Aye. Aye. I don't think this will make any undesirable changes to the neighborhood. This is self-created, some are substantial but not in a way to impact anyone else. I would like to note that the new addition will be at the same setback as the existing house. Thank you. 03-7202 Jerry & Stacey O'Dell -Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning District. - Where a side yard setback of 15 feet is required, the applicant is proposing a side yard setback of 7 feet 4 inches to allow a 22 X 16 foot addition. thus reQuestine: a variance of 7 foot 6 inches. The property is located on 6 Franton Drive and is identified as Tax Grid No. 6156-01- 477734 in the Town of Wappinger. ........ Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mrs. Roberti: Mr. O'Dell: Mr. Fanuele: Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: Roll call: ~ Move to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. I would like to put an addition on my house that is 22 X 16 feet for a living room. We did do a site inspection at this residence. Does anyone in the audience have any comments or questions? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. Second the motion. Mr. Warren: Aye. Town of Wappinger Zoning Board of Appeals Mr. diPierno: Mr. Fanuele: Page 4 Minutes of October 28, 2003 Aye. Aye. ....... Mr. diPierno: I don't feel that this will impact the neighborhood, even though it is self-created Mr. Fanuele: Ok, you have your variance. Mr. O'Dell; Thank you. 03-7205 Roni & John Lobasso -Seeking an area variance of Section 240-37 of District Regulations in an R-20j40 Zoning District. - Where a front yard setback of 50 feet is required, the applicant is proposing a front yard setback of 21 feet to allow for a front porch addition. thus reQuestine: a variance of 29 feet. The property is located on 40 Park Hill Dr. and is identified as Tax Grid No. 6356-01- 055835 in the Town of Wappinger. Present: Mr. Larry Rena, Contractor Mr. & Mrs. Lobasso ....... Mr. diPierno: Mr. Warren: Vote: Move to open the Public Hearing. Second the motion. All present voted aye. Mr. Fanuele: Are all the mailings in order? Mrs. Roberti: Yes. Mr. Rena: We are seeking a variance to put a front porch on this house. Mr. Fanuele: What do you have there now? Mr. Lobasso: Just stairs. Mr. Rena: The new front porch will corne out about six feet and we need another two feet to complete the stairs. Mr. Fanuele: Will this have a roof? Mr. Lobasso: No. It will have an open trellis overhead. ....... Town of Wappinger Zoning Board of Appeals Mrs. Lukianoff: ....,.., Mr. Fanuele: Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: Roll call: ....,.., Page 5 Minutes of October 28, 2003 Mr. Prager had asked me to look at when the house was built what zone was it in. At the time it was built it was in the R-20 zone and now it's in the R-20/40 zone. So at the time it was built the setback requirement was smaller. At the time it was built it should have been 35 feet and was built at 30 feet from the front property line. There was an agreement between the Town and Cronisier Construction at the time that allowed for that 30 %. There is also a variance in place for the driveway because it exceeds a 15 % slope. But basically the house was legal at 30 feet from the front property line. Thank you. We did have a site visit on this property also. Are there any comments from the public? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Fanuele: Aye. 03-7203 Rose & Joseph Manz -Seeking an area variance of Section 240-37 & 240-21 (6)(4) 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 44 feet to allow for a SOX 62 foot Sport Court. thus reQUestin2 a variance of 6 feet. The property is located on 8 Stonewall Drive and is identified as Tax Grid No. 6259- 03-427022 in the Town of Wappinger. Present: Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mrs. Roberti: .... Joseph Manz Owner Bill Coughlin Home Tech Products Move to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. Page 6 Town of Wappinger Zoning Board of Appeals ...... Mr. Manz: Mr. Fanuele: Mr. diPiemo: Mr. Manz: Mr. diPiemo: Mr. Coughlin: Mr. diPiemo: Mrs. Lukianoff: ~ Mr. Manz: Mrs. Lukianoff: Mr. Coughlin: Mr. Warren: Mr. Coughlin: Mr. Warren: Mr. Coughlin: Mr. Lukianoff: ~ Minutes of October 28, 2003 Weare putting in a Sports Court with a concrete pad with plastic tiles laid in over the concrete. The location was chosen because of the shape of our property. I have just bought an additional 20 white pines to add additional screening. Does anyone in the audience have any questions? Hearing none. Does anyone on the board have any questions? I would like to see a time restriction of9:00 am to 9:00 pm. To guarantee the neighbors are not disturbed. Is that just a personal commitment or in the variance? It would be in the variance as a condition of approval. Are people restricted with a pool for noise? Yes, we have a noise ordinance in this town. Also when we grant a variance we can put any conditions in it that we want. The noise ordinance terminology states annoying judgment situations. In some neighborhoods the sound of a dribbling basketball is annoying. Also if you are going to put in lights we have restrictions. It must be less than .5 foot candles at the property line or you will need a variance for that too. I have a photometric but I don't understand it. The numbers on this are not legible. We sent to Sport Court today and asked for the numbers again. What kind of light will it be? Triple halogen with shields. Is there a sound difference between bouncing on these tiles or on asphalt? It's about the same. I will notify the building dept. that you will need to have a photometric when talking out the building permit. Page 7 Town of Wappinger Zoning Board of Appeals Mr. Fanuele: ..... Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: Roll call: Minutes of October 28, 2003 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 grant the variance with the following conditions. The screening shall be maintained at all times and the activity on the court will be restricted between the hours of 9:00 am and 10:00 pm. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Fanuele: Aye. 03-7204 Robert & Marv Ann Moran -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 19 feet to allow for a front porch addition. thus requestine a variance of 1 foot. The property is located on 11 Crabapple Court and is identified as Tax Grid No. 6257- 02-655968 in the Town of Wappinger. ........ Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mrs. Roberti: Mrs. Moran: Mr. Fanuele: Mr. diPierno: Mr. Warren: Vote: ...... Move to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. We have a porch that we just want to extend but because of the odd shape of our lot, the top comer will overhang one foot. Does anyone on the board have any questions? Anyone in the audience? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals Page 8 Minutes of October 28, 2003 ....... Mr. diPierno: Mr. Warren: Roll call: Motion to grant the variance because it is minimal. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Fanuele: Aye. Mr. diPierno: Mr. Warren: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:45 PM Resp~tfully Submittn A -.L J/};4&u1l ~ r ~; Roberti, Secretary Secretary - Zoning Board of Appeals ....... .......