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2003-10-15 ZONING BOARD OF APPEALS October 15,2003 ....... Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: October 15th, 2003 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappingers Falls, NY Approve Minutes for September 23,2003. Approve Site Minutes for October 4,2003. Public Hearin2:s: 03- 7196 John McGivney -Seeking an area variance of Section 240-37 of District Regulations in an R-10 Zoning District. - Where a front yard setback of 25 feet is required, the applicant is proposing a front yard setback of 19.3 feet to allow for a 6 X 6 foot front porch addition. thus reQuestint?; a variance of 5.7 feet. The property is located on 14 Sprint?; Street and is identified as Tax Grid No. 5956-12- 962544 in the Town of Wappinger. ....... 03- 7197 Crait?; Robert & Janice Dotterer -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 21.6 feet to allow for a 14 X 16 deck and 14 X 18 three season room. thus reQuestint?; a variance of 18.4 feet. The property is located on 52 Alpert Drive and is identified as Tax Grid No. 6257-02- 690651 in the Town of Wappinger. ....... 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 10.7 feet to allow for a 22 X 28 feet addition. thus reQuestint?; a variance of 9.3 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 reQuestint?; a variance of 8.5 feet. 3. -Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 11 feet to allow for a 10 X 22 foot attached deck. thus reQuestint?; a variance of 9 feet. 1 ZONING BOARD OF APPEALS October 15,2003 '-'" 4. -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. 03-7201 Daniel & Alice Harrison -Seeking an area variance of Section 240-37 of District Regulations in an R-10 Zoning District. - Where a rear yard setback of 10 feet is required, the applicant is proposing a rear yard setback of 5 feet to allow for a 10 X 20 foot shed. thus reQuestin2 a variance of 5 feet. - Where a side yard setback of 6 feet is required, the applicant is proposing a side yard setback of 5 feet to allow a 10 X 20 foot shed. thus reQUestin2 a variance of 1 foot. The property is located on 4 Erie Lane and is identified as Tax Grid No. 6157-03- 442467 in the Town of Wappinger. ...... 03- 7199 Central Hudson/No. Chelsea Substation -Seeking an area variance of Article V, Section 240-21 (B)4 of District Regulations in an R-40 CC Zoning District. - Where the code states that no fence in a required yard area shall exceed 6 feet in height above the adjoining grade, the applicant proposes a fence of 8 feet with PVT slats for a visual barrier and security, thus requesting a variance of 2 feet. The property is located on 2070 Route 9D and is identified as Tax Grid No. 6056-02- 760980 in the Town of Wappinger. Discussions: 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 reQUestin2 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. ~ 2 ZONING BOARD OF APPEALS October 15,2003 ~ 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 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. 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 reQuestine a variance of 6 feet. - Where a heieht restriction of 6 feet is allowed, the applicant is proposing a heieht of 10 feet for a fence around a Sport Court. thus reQuestine a variance of 4 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 & Mary 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. '-' 3 Town of Wappinger Zoning Board of Appeals Town of Wappinger Zoning Board of Appeals October 15, 2003 Summarized Minutes Members Present: Mr. Prager, Mr. diPierno, Mr. Fanuele, Mr. Warren, Others Present: Page I MINUTES Vice-Chairman Member Member Member Minutes of October 15,2003 Town Hall 20 Middlebush Road Wappinger Falls, NY Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary i\,UI\!( lT~'"' :li).' ~, ~-b , (loVED ,:/~. ?W::' ....".. -j L _ iJ ~,) SUMMARY Public Hearings: McGivney Dotterer Rawald Harrison Central Hudson Discussions: O'Dell Lobasso Manz Moran Variance Granted Variance Granted Adjourned Public Hearing on October 28, 2003 Variance Granted Variance Granted Public Hearing on October 28,2003. Public Hearing on October 28,2003. Public Hearing on October 28,2003. Public Hearing on October 28, 2003. Page 2 Town of Wappinger Zoning Board of Appeals ........ Mr. Warren: Mr. diPiemo: Vote: Mr. Warren: Mr. diPiemo: Vote: Mr. diPierno: Mr. Warren: Vote: Mr. Warren: Mr. diPiemo: Vote: Minutes of October 15,2003 Motion to approve Minutes for September 23, 2003. Second the motion. All present voted aye. Motion to approve Site Minutes for October 4, 2003. Second the motion. All present voted aye. Move to go into executive session. Second the motion. All present voted aye. Move to come out of executive session. Second the motion. All present voted aye. 03-7196 John McGivnev -Seeking an area variance of Section 240-37 of District Regulations in an R-10 Zoning District. -Where a front yard setback of 25 feet is reauired, the applicant is proposing a front yard setback of 19.3 feet to allow for a 6 X 6 foot front porch addition. thus reauestin2: a variance of 5.7 feet. The property is located on 14 Sprin2: Street and is identified as Tax Grid No. 5956-12- 962544 in the Town of Wappinger. '-' Mr. diPierno: Mr. Warren: Vote: Mr. Prager: Mrs. Roberti: Mr. McGivney: Mr. Prager: Mr. Fanuele: ........ Move to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. I am looking to complete a front porch and to attach it to a side porch for a wrap around effect. It will be a 6 X 6 foot section that I am adding to my Victorian house. We did a site inspection last weekend. Is there anyone in the audience that would like to speak for or against this appeal? Hearing none. For the record this porch would be no closer to the road than the existing porch. Page 3 Town of Wappinger Zoning Board of Appeals "...". Mr. diPierno: Mr. Fanue1e: Vote: Mr. diPierno: Mr. Warren: Roll Call: Mr. Prager: Minutes of October 15, 2003 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. diPierno: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. This variance will not be detrimental to nearby properties. It has screening adjacent to the other properties. It will not cause an undesirable look to the neighborhood. It is self created but there are no other alternatives. It is 23% of a variance but there is no other way to achieve this project. 03-7197 Crail! Robert & Janice Dotterer -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 21.6 feet to allow for a 14 X 16 deck and 14 X 18 three season room, thus reQuestinl! a variance of 18.4 feet. The property is located on 52 Alpert Drive and is identified as Tax Grid No. 6257-02- 690651 in the Town of Wappinger. ~ Mr. diPierno: Mr. Warren: Vote: Mr. Prager: Mrs. Roberti: Mr. Dotterer: Mr. Prager: -- Move to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. I have a raised ranch that I want to add a 14 X 18 three season room too. This will make it an L-shaped house. I also want to add a 14 X 16 foot deck. This is a large comer property and the house was set over to one side. This didn't leave very much room in the rear. In fact it sits at 35 feet now. We did have a site inspection on this house. Is there anyone in the audience that would like to speak for or against this appeal? Hearing none. Page 4 Town of Wappinger Zoning Board of Appeals ......., Mr. Fanuele: Mr. diPierno: Mr. Warren: Vote: Mr. Warren: Mr. diPierno: Roll Call: Mr. Prager: Minutes of October 15,2003 It looks like when the house was built it should have been moved over. 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. diPierno: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. This variance will not be detrimental to other properties. There are no other feasible alternatives for Mr. Dotterer to achieve these additions. Yes it is substantial at 46 %. I don't feel it will cause any adverse effects on his neighborhood and it is self created. 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 reauired, the applicant is proposing a side yard setback of 13.7 feet to allow for a 22 X 28 feet addition. thus reauestine a variance of 6.3 feet. 2. Where a side yard setback of 20 feet is reauired, the applicant is proposing a side yard setback of 11.5 feet to allow for a 22 X 25.4 Y2 feet addition. thus reauestine a variance of 8.5 feet. 3. -Where a front yard setback of 35 feet is reauired, the applicant is proposing a front yard setback of 22.6 feet to allow for a 6 X 21 foot front porch addition. thus reauestine 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. Prager: Mrs. Roberti: ,..., Move to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of October 15, 2003 Mr. Rawald: We have a three bedroom ranch of limited space. Weare looking ....... to create a new handicapped accessible living space for my mother in law that is confined to a wheel chair and also a handicapped bedroom for her. Mr. Porch: Will the porch be handicapped accessible? Mr. Rawald: Yes. Mr. Prager: Is there anyone in the audience with a comment for or against? Hearing none. This is an R-20 area which is 20,000 sf. Tania can you help us out in this area? Could we get a copy of the CO for this house? We need to know if this property is an undersized lot and how this may have happened. Mr. Rawald: I have a copy of the original survey that was dated 1972. It shows where the house should have been situated but wasn't. Mr. Prager: Am I to assume that at that time it was an R-20? Mrs. Lukianoff: Yes. If this was part of a subdivision at that time it may have been done as average density. In which case the lots did not ....... conform to the proposed minimum lot size. Mrs. Rawald: Ours was the second house built. The comer lot wanted their house built straight instead of caddy cornered, so then they built ours where it had to fit in. Mr. Prager: Are there any past variances on this property? Mrs. Roberti: No. Mr. Prager: I'd like to see what other houses in the area look like. We need good reasoning to do this. These are large variances. Can you move the deck? Mrs. Rawald: No problem. Mr. Prager: Can you move the addition over at all? Mr. Rawald: If I move it over it would be in the kitchen. Mr. Prager: Can you at least try to move it over at least 3 feet? Mr. Rawald: We can try. I will go to my architect and ask him. ...... Page 6 Town of Wappinger Zoning Board of Appeals Mr. Prager: ....... Mr. Fanuele: Mr. Rawald: Mr. Prager: Mr. Rawald: Mr. diPierno: Mr. Warren: Vote: Minutes of October 15, 2003 We'll adjourn this to October 28 so that you can make the changes. How far are your rear neighbors from the property line? About 70 feet from the property line. When did you purchase this home? 10 years ago. Motion to adjourn to October 28, 2003. Second the motion. All present voted aye. 03-7201 Daniel & Alice Harrison -Seeking an area variance of Section 240-37 of District Regulations in an R-IO Zoning District. - Where a rear yard setback of 10 feet is reauired, the applicant is proposing a rear yard setback of 5 feet to allow for a 10 X 20 foot shed. thus reauestine a variance of 5 feet. -Where a side yard setback of 6 feet is reauired, the applicant is proposing a side yard setback of 5 feet to allow a 10 X 20 foot shed. thus reauestine a variance of 1 foot. The property is located on 4 Erie Lane and is identified as Tax Grid No. 6157-03- 442467 in the Town of Wappinger. ...... Mr. Warren: Mr. diPierno: Vote: Mr. Prager: Mrs. Roberti: Mrs. Harrison: Mr. Prager: Mr. Fanuele: ...... Move to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. We live in Indian Village and they are very small lots. We are looking to put in a lOX 20 foot shed in the left comer. We have a very small back yard. We did go out on this and did a site inspection. Is there anyone in the audience that would like to speak for or against this appeal? Hearing none. This lot is in an R -10 zone and it fits the district that it is in. Page 7 Town of Wappinger Zoning Board of Appeals ~ Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mr. diPiemo: Roll Call: Mr. Prager: Minutes of October 15,2003 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. Mr. Prager: Aye. This variance will not be detrimental to nearby properties. The side variance is minor; although the rear yard setback is substantial there are no other feasible places for this. This is self created but not unique to the neighborhood. 03- 7199 Central Hudson/No. Chelsea Substation -Seeking an area variance of Article V, Section 240-21 (B)4 of District Regulations in an R-40 CC Zoning District. - Where the code states that no fence in a required yard area shall exceed 6 feet in height above the adjoining grade, the applicant proposes a fence of 8 feet with PVT slats for a visual barrier and security, thus requesting a variance of 2 feet. The property is located on 2070 Route 9D and is identified as Tax Grid No. 6056-02- 760980 in the Town of Wappinger ...... Present: Mr. diPierno: Mr. Warren: Vote: Mr. Prager: Mrs. Roberti: Mr. Rennia: ...... Richard Rennia Morris Associates Move to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. We have been before the Town Board where we received a Special Use Permit. We then went before the Planning Board where we received approval for an Amended Site Plan. Weare before you for a variance for a fence of 8 feet with slats for privacy and security. We are enlarging our substation to meet electric needs. Page 8 Town of Wappinger Zoning Board of Appeals Mr. Prager: ...... Mr. diPierno: Mr. Rennia: Mr. Fanuele: Mr. Warren: Vote: Mr. Fanuele: Mr. Warren: Roll Call: Mr. Prager: Minutes of October 15, 2003 Is there anyone in the audience that would like to speak for or against this appeal? Hearing none. Are the slats preferred by Central Hudson? Yes. 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. diPierno: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. This is not detrimental to any nearby properties. It will probably add to the aesthetic value of nearby properties. There are really no alternative methods and it is needed for security 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. O'Dell: Mr. Prager: Mr. O'Dell: Mr. Prager: Mr. O'Dell: Mr. Fanuele: ...... We need to put on an addition of 22 X 16 because we have a small raised ranch and we would like to have a family style living room. You stated in your reasons that another area would not be feasible. Why is that? In the rear we just put on a deck and added a new pool. How long are you there? We are here 2 ~ years. The house was built in 1965. You'd have more room in the front. Town of Wappinger Zoning Board of Appeals Page 9 Minutes of October 15,2003 ....... Mr. Prager: We'll set a site visit for October 25 and your public hearing for October 28,2003. Mr. Warren: Mr. diPiemo: Vote: Motion to declare the ZBA Lead Agency. Second the motion. All present voted aye. 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 Mrs. Lobasso Mr. Rena: I am the Lobasso's contractor and they are looking to construct a 6 X 19 foot wide front porch with stairs. ...... Mr. Prager: Is this house only 30 feet from the road? Mr. Rena: Yes. It's in an R-20/40 zoning district. Mr. Prager: This is a 58 % variance that you are asking for. Mr. Rena: We are not encroaching on either side and we are only coming out 6 feet. Mr. Fanuele: Tania, are all the houses over here that close to the road? Mrs. Lukianoff: I will need to check. There was a variance here in 1980 for this house. Mr. Prager: Very good, but check the other properties for us. Can you dig out the old variance for us? Mrs. Lukianoff: I will look for it. Mr. Prager: We'll set a site visit for October 25 and your public hearing for October 28,2003. .... Page 10 Town of Wappinger Zoning Board of Appeals '-'" Mr. diPierno: Mr. Warren: Vote: Minutes of October 15, 2003 Motion to declare the ZBA Lead Agency. Second the motion. All present voted 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 50X 62 foot Sport Court. thus reQuestine: 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. Manz: ........ Joseph Manz Owner Bill Coughlin Home Tech Products This is a sport court that we are looking to put in our side yard. We have put down a 4 inch course of rock. Then the plastic tiles are laid on top of it. It's 60 X 50 feet with baskets anchored at both ends with removal poles for tennis or volleyball. It's attractive and colorful. Mr. Coughlin: This is a re-enforced concrete slab with wire mesh under the crushed stone. This customer is spending a lot of money on it. Mr. Warren: Is this for personal use? Mr. Manz: Yes, for my kids. Mr. Prager: I have amended plot plans here, is this an accessory structure? Mrs. Lukianoff: Yes. This is a structure under the town regulations. It must fall within the side or rear setbacks. Mr. Manz: Would a basketball court fit that? Mrs. Lukianoff: Yes. Only a driveway is omitted. The chain link fence is permitted. I see a pole for a light fixture on your plans. Be aware that you must show that at the property line you are not over more than .5 foot-candles. Mr. Prager: '-- How will your neighbors feel with lights and noise? Town of Wappinger Zoning Board of Appeals Page 11 Minutes of October 15, 2003 Mr. Manz: It wouldn't be that late. ...... Mr. Prager: Is this falling into your front yard? Mr. Manz: Yes, in the front and side. Mrs. Lukianoff: In an R-40 district you cannot put a structure in the front yard. Mr. diPiemo: It looks like at least a 1/3 of it is in the front yard. Mrs. Lukianoff: This must be in the side and rear yard. Mr. Manz: I can't push it back because a have a maple tree there. Mr. Prager: You may have to take it down. Mr. diPiemo: Why can't you rotate it? Mr. Fanuele: What's between the court and the road? Mr. Manz: White pines are there. Mr. Prager: We really need to take a look at this. We'll set a site visit for October 25 and your public hearing for October 28,2003. ........ Mr. diPierno: Mr. Warren: Vote: Motion to declare the ZBA Lead Agency. Second the motion. All present voted aye. Mrs. Lukianoff: Don't forget we need a photometric plan. 03-7204 Robert & Mary 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. Mrs. Moran: Our property is irregular in shape and because of that we need a variance for one foot. Where our porch starts it is 20 feet, but because our property goes on an angle it shortens at the comer. ~ Page 12 Town of Wappinger Zoning Board of Appeals Mr. Prager: ~ Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: Vote: Mr. Warren: Mr. diPiemo: Vote: Mr. diPierno: Mr. Warren: Vote: ........ Minutes of October 15,2003 Yes I noticed that. I don't think we need a site visit on this. But we will set your public hearing for October 28,2003. Motion to declare the ZBA Lead Agency. Second the motion. All present voted aye. Move to go into executive session. Second the motion. All present voted aye. Move to come out of executive session. Second the motion. All present voted aye. Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 9:15 PM ....... Respectfully Submitted, czjWU/l ~2~~t7 Barbara Roberti, Secretary Secretary - Zoning Board of Appeals