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2003-09-09 ZONING BOARD OF APPEALS September 9,2003 ......... Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: September 9th, 2003 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappingers Falls, NY Approve Minutes for August 26, 2003. Public Hearine:s: ~ 03- 7195 Don & Mary Ann Mesuda -Seeking an area variance of Section 240-37 of District Regulations in an R-20j40 Zoning District. - Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 10 feet to allow for a 12 X 24 foot shed. thus reQuestine: a variance of 10 feet. - Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 28 feet to allow for a 12 X 24 foot shed. thus reQuestine: a variance of 12 feet. The property is located on 2 Boxwood Close and is identified as Tax Grid No. 6356-01- 130945 in the Town of Wappinger. Appeal No. 03-7190 Robert Molitoris -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 28 feet to allow for a family room and breakfast addition. thus reQuestine: a variance of 12 feet. The property is located on 20 Circle Drive and is identified as Tax Grid No. 6056-01- 261793 in the Town of Wappinger. Appeal No. 02-7156 Jeff Hunt -Seekine: an area variance ofChapter133-16(a) of the Code of the Town of Wappinger. The code requires that any Residential Structure in an AE flood zone have the lowest floor elevated to or above the Base Flood Level. The applicant's basement is at 260.7 feet, where it should have been placed above the flood level of 264 feet elevation. The property is located on 1061 Route 376 and is identified as Tax Grid No. 6358-03- 414490 in the Town of Wappinger. '-- 1 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of September 9,2003,2003 MINUTES Town of Wappinger Zoning Board of Appeals September 9th, 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 MINUTES Af'iPROVED Members Absent: SEP : 3>> 2U~1 Mr. Lehigh, Chairman Others Present: Mrs. Lukianoff, Zoning Administrator Mrs. Gale, Acting Secretary SUMMARY Public Hearings: Mesuda Molitoris Hunt Granted Variance. Granted Variance Closed Public Hearing and Applicant Withdrew Variance. Mr. diPierno: Mr. Warren: Vote: Motion to approve Minutes for August 26, 2003. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals ~ Page 2 Minutes of September 9, 2003, 2003 03- 7195 Don & Mary Ann Mesuda -Seeking an area variance of Section 240-37 of District Regulations in an R-20j40 Zoning District. - Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 10 feet to allow for a 12 X 24 foot shed. thus reQuestim! a variance of 10 feet. - Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 28 feet to allow for a 12 X 24 foot shed. thus reQuestin!! a variance of 12 feet. The property is located on 2 Boxwood Close and is identified as Tax Grid No. 6356- 01-130945 in the Town of Wappinger. Mr. diPierno: Mr. Warren: Vote: Mr. Prager: Mrs. Gale: ~ Mrs. Mesuda: Mr. Prager: Mr. Fanuele: Mr. Warren: Mrs. Mesuda: Mr. Prager: Mr. diPierno: Mr. Fanuele: Vote: ......... Motion to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. We are looking for two variances so we can place the shed in a functional area of our yard. We have worked hard to make our back yard a focal point and would prefer not to have the shed in the middle of the yard. This shed would not be near another neighbor on that side of our yard. We went out on a site inspection two weeks ago for the record. You have about 20 feet of plantings behind where this would be for a buffer. What will be stored in this shed? An abundance of bikes, toys and lawn furniture. Is there anyone else in the audience with a comment? Hearing none. Motion to close the Public Hearing. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals ....... Mr. Fanuele: Mr. diPiemo: Roll Call: Page 3 Minutes of September 9, 2003, 2003 Motion to grant the two variances. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. Appeal No. 03-7190 Robert Molitoris -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 reauired, the applicant is proposing a rear yard setback of 28 feet to allow for a family room and breakfast addition. thus reauestiDl! a variance of 12 feet. The property is located on 20 Circle Drive and is identified as Tax Grid No. 6056-01- 261793 in the Town of Wappinger. ....... Mr. diPierno: Mr. Warren: Vote: Mr. Prager: Mrs. Gale: Mr. Cappelli: Mr. diPiemo: Mr. Cappelli: Mr. Prager: '- Motion to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. I am here for the applicant's and I am their architect. The applicant's would like to add a small breakfast room, mud room and family room to the rear of the existing dwelling. The rear of this house is shoved up close to the rear property line. The side line is actually their rear and if it was chosen as such I wouldn't need this vanance. Where the porch is, is that the main entrance? Yes it is. Where I have 28 feet to the side, it is designated the rear in the records. Could I see the drawings? I have an old one here. Mark on the drawings what we are talking about. Town of Wappinger Zoning Board of Appeals '-" Mr. Cappelli: Mr. Prager: Mr. Prager: Mr. diPierno: Mr. Fanuele: Vote: Mr. diPierno: Mr. Fanuele: Roll Call: Page 4 Minutes of September 9, 2003, 2003 Proceeds to go up to the board and explain the project to the board. Is there anyone in the audience who has a comment? Hearing none. I went out to the house and didn't see any problems. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the two variances. Second the motion. Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. Appeal No. 02-7156 Jeff Hunt -Seekinf! an area variance ofChapter133-16(a) of the Code of the Town of Wappinger. The code requires that any Residential Structure in an AE flood zone have the lowest floor elevated to or above the Base Flood Level. The applicant's basement is at 260.7 feet, where it should have been placed above the flood level of 264 feet elevation. The property is located on 1061 Route 376 and is identified as Tax Grid No. 6358-03- 414490 in the Town of Wappinger. '-" Mr. diPierno: Mr. Warren: Vote: Mr. Prager: Mrs. Lukianoff: Mr. Fanuele: --.. Motion to open the Public Hearing. Second the motion. All present voted aye. We have received two letters from Mr. Hunt's Attorney to have this application withdrawn. The public hearing was published in the newspaper so you still needed to open the public hearing. I spoke briefly with Al Roberts this afternoon and he said you can close the public hearing and state that it has been withdrawn or you can adjourn the public hearing to a later date. Mr. Cantor and Mr. Ifunt believe they will be able to not need the variance by obtaining results in a different manner. I don't know how lengthy or how long that will be. Mr. Roberts did suggest that maybe you just adjourn it. I make a motion to close the Public Hearing. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of September 9, 2003,2003 -- Mr. Prager: Vote: Second the motion. All present voted aye. Mr. Prager: The public hearing has been closed and the application is withdrawn according to the letters from the applicant's attorney. They can re-file in the future if they want to corne back to us. So it is withdrawn without prejudice. Mr. Prager: Before we close we received a letter about the Chelsea Substation. Will we be getting a variance request on this? Mrs. Lukianoff: Yes, I believe so. Here they would like to go 8 feet with slats and the code states 6 feet. Mr. Fanuele: Is the property part of the NYS government? Mrs. Lukianoff: I believe it belongs to Central Hudson. Mr. Prager: Lastly I have an application from Rabco. Is that still open? ~ Mrs. Lukianoff: The planning board has to deal with my determination first. Ifhe gets through the planning board than he will corne back to you. Mr. Prager: Ok, we will hang on to it. Meeting ended at 8:00 PM Respectfully su. ~IJl.~' d, ~'/7 \ . " ~L Barb a Roberti, Se etary Secretary - Zoning Board of Appeals "--