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2003-07-22 ZONING BOARD OF APPEALS July 22,2003 Revised July 16, 2003 ........ Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: July 22nd, 2003 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappingers Falls, NY Approve Minutes for May 13, 2003. Approve Minutes for May 28, 2003. Approve Minutes for June 10, 2003. Approve Minutes for June 24, 2003. Approve Site Minutes for July 12, 2003. Public Hearin2s: 03- 7183 Mr. & Mrs. John McGillicuddy -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 18 feet to allow for a 12 X 20 foot open deck. thus reQUestin2 a variance of 7 feet. '-" The property is located on 5 Schuele Drive and is identified as Tax Grid No. 6258-02- 800676 in the Town of Wappinger. 03- 7184 Mr. Dou21as Deppe -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a side yard setback of 10 feet is reQuired, the applicant is proposing a side yard setback of 2 feet to allow for a 10 X 16 foot shed with electric. thus reQuestin2 a variance of 8 feet. The property is located on 155 Old Hopewell Road and is identified as Tax Grid No. 6157-01-488584 in the Town of Wappinger. Appeal No. 03-7185 Dou21as & Genevieve Sheriden -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 16.5 feet to allow for the installation of a above 2round pool and deck, thus reQuestine: a variance of 23.5 feet. ........ 1 ZONING BOARD OF APPEALS July 22, 2003 The property is located on 2 Namoth Road and is identified as Tax Grid No. 6258-04- 982042 in the Town of Wappinger. ~ Discussions: 03- 7186 John Heneel Jr. -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a side yard setback of 10 feet is reQuired, the applicant is proposing a side yard setback of 2 feet 8 inches to allow for a 15 X 12 foot shed. thus reQuestine a variance of 7 feet 4 inches. - Where a rear yard setback of 10 feet is reQuired, the applicant is proposing a rear yard setback of 3 feet 6 inches to allow for a 15 X 12 foot shed. thus reQuestine a variance of 6 feet 6 inches. The property is located on 3 Davies Drive and is identified as Tax Grid No. 6257-02- 882503 in the Town of Wappinger. .... Appeal No. 03-7187 John & Rosemarie Perillo -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 13 feet to allow for a 16 X 14 foot shed with a 7 X 8 foot roof over a eravel pad. thus reQuestine a variance of 27 feet. The property is located on 8 Henrv Drive and is identified as Tax Grid No. 6157-02- 842912 in the Town of Wappinger. 03- 7189 Martin & Deborah Novick -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 2 feet 2 inches to allow for an addition and earaee. thus reQuestine a variance of 12 feet 10 inches. - Where a front yard setback of 35 feet is reQuired, the applicant is proposing a front yard setback of 24 feet to allow for a front foyer. thus reQuestine a variance of 11 feet. The property is located on 9 Bowdoin Lane and is identified as Tax Grid No. 6057-02- 772582 in the Town of Wappinger. ....... 2 ZONING BOARD OF APPEALS July 22, 2003 ....... 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 reQuestin2: 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. 03-7191 Lawrence & Jill Wood -Seeking an area variance of Section 240-37 of District Regulations in an R-80 Zoning District. - Where a front yard setback of 50 feet is reQuired, the applicant is proposing a front yard setback of 11 feet to allow for an additional bedroom, thus reQuestin2: a variance of 39 feet. The property is located on 136 Stonykill Road and is identified as Tax Grid No. 6056- 02-897684 in the Town of Wappinger. ....... 03- 7192 Steven & Lynn Minard -Seeking an area variance of Section 240-37 of District Regulations in an R-20j40 Zoning District. - Where a side yard setback of 25 feet is reQuired, the applicant is proposing a side yard setback of 23 feet to allow for an enclosed 15 X 16 foot porch, thus reQuestin2: a variance of 2 feet. - Where a rear yard setback of 50 feet is reQuired, the applicant is proposing a rear yard setback of29 feet to allow for an enclosed 15 X 16 foot porch, thus reQuestin2: a variance of 21 feet. The property is located on 19 So. Fowlerhouse Road and is identified as Tax Grid No. 6157-04-528228 in the Town of Wappinger. Appeal No. 03-7181 Rabco Construction -Seeking an Interpretation following the determination of the Zoning Administrator, dated April 15, 2003 regarding Section 240-107(2) and its applicability to the proposed use of a separating operation associated with a contractor's yard. The property is located on Lot 2, Airport Drive and is identified as Tax Grid No. 6259- 04-870494 in the Town of Wappinger. ...... 3 Town of Wappinger Zoning Board of Appeals Town of Wappinger Zoning Board of Appeals July 22Dd, 2003 Summarized Minutes Members Present: Page 1 Minutes of July 22Dd, 2003 MINUTES Town Hall 20 Middlebush Road Wappinger Falls, NY Mr. diPiemo, Member Mr. Fanuele, Member Mr. Warren, Member Members Absent: Mr. Prager, Mr. Lehigh, Others Present: Vice-Chairman Chairman AUG ~ ,) '?FlO~. - t:;., ,s.. ~'" Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary SUMMARY Public Hearings: McGillicuddy Deppe Sheri den Discussions: Hengel, Jr. Perillo Novick Wood Minard Haas Granted Variance. Granted Variance. Granted Variance with conditions. Public Hearing on August 4th, 2003. Public Hearing on August 4t\ 2003. Public Hearing on August 4t\ 2003. Public Hearing on August 4th, 2003. Public Hearing on August 26th, 2003. Public Hearing on August 4th, 2003. Town of Wappinger Zoning Board of Appeals ........ Mr. Warren: Mr. diPiemo: Vote: Mr. diPierno: Mr. Warren: Vote: Page 2 Minutes of July 22nd, 2003 Motion to approve minutes for May 13, May 28, June 10 and June 24th, 2003. Second the motion. All present voted aye. Motion to approve Site Minutes for July 12th, 2003 as amended. Second the motion. All present voted aye. 03-7183 Mr. & Mrs. John McGillicuddv -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 18 feet to allow for a 12 X 20 foot open deck. thus reQuestinl! a variance of 7 feet. The property is located on 5 Schuele Drive and is identified as Tax Grid No. 6258-02- 800676 in the Town of Wappinger. . Mr. Warren: Mr. diPiemo: Vote: '-'" Mr. Fanuele: Mrs. Roberti: Motion to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. Mr. McGillicuddy: We intend to erect a deck that is 12 X 22 feet. Mr. diPiemo: What is the size of the deck now? Mr. McGillicuddy: 10 X 10 feet and it's just too small. Mr. Fanuele: Mr. Warren: Mr. diPiemo: Vote: Mr. diPierno: Mr. Warren: ~ This house is on a comer lot and the front was decided upon, so we are looking at a side yard variance. At our inspection we saw that the lot was an odd-ball shape. Are there any questions in the audience? Hearing none. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the variance. Second the motion. Page 3 Town of Wappinger Zoning Board of Appeals Roll Call: ....... Minutes of July 22nd, 2003 Mr. Warren: Mr. diPiemo: Mr. Fanuele: Aye. Aye. Aye. 03-7184 Mr. Dou2las Deppe -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a side yard setback of 10 feet is required, the applicant is proposing a side yard setback of 2 feet to allow for a 10 X 16 foot shed with electric. thus reQUestin2 a variance of 8 feet. The property is located on 155 Old Hopewell Road and is identified as Tax Grid No. 6157-01-488584 in the Town of Wappinger. Mr. Warren: Mr. diPiemo: Vote: Mr. Fanuele: Mrs. Roberti: ........ Mr. Deppe: Mr. Fanuele: Mr. Deppe: Mr. Fanuele: Mr. Warren: Mr. diPiemo: Vote: Mr. Warren: Mr. diPiemo: Roll Call: .... Motion to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. The shed is existing on my property. I sold off one lot a few years ago and it left this shed just 2 feet away from the property line. What is next to you now? Just woods, but I imagine that there will be a house there eventually. Does the board have any other comments? (No.) 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. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Fanuele: Aye. Town of Wappinger Zoning Board of Appeals Page 4 Minutes of July 22nd, 2003 Appeal No. 03-7185 Dou2las & Genevieve Sheriden -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 16.5 feet to allow for the installation of an above 2round pool and deck. thus reQUestin2 a variance of 23.5 feet. The property is located on 2 Namoth Road and is identified as Tax Grid No. 6258-04- 982042 in the Town of Wappinger. "- Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mrs. Roberti: Mr. Sheriden: Mr. Fanuele: ~ Mr. Warren: Mr. diPiemo: Vote: Mr. Warren: Mr. diPiemo: Roll Call: Motion to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. I want to install a pool and a deck and my property is not very deep in the rear. We did a site inspection and this property is long and narrow with a very shallow rear yard. Does anyone on the board have any questions? (No.) Does anyone in the audience have any comments? Hearing none. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the variance with the condition that you plant several trees to screen your neighbor's porch. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Fanuele: Aye. 03- 7186 John Hen2el Jr. -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a side yard setback of 10 feet is required, the applicant is proposing a side yard setback of 2 feet 8 inches to allow for a 15 X 12 foot shed. thus reQUestin2 a variance of 7 feet 4 inches. ........ Town of Wappinger Zoning Board of Appeals Page 5 Minutes of July 22nd, 2003 '""" - Where a rear yard setback of 1 0 feet is reauired, the applicant is proposing a rear yard setback of 3 feet 6 inches to allow for a 15 X 12 foot shed. thus reauestine: a variance of 6 feet 6 inches. The property is located on 3 Davies Drive and is identified as Tax Grid No. 6257-02- 882503 in the Town of Wappinger. Mr. Hengel: This is an existing shed and my neighbors think it's been there for at least 30 years. Now we just want to make it legal. Mr. Fanuele: When did you move in? Mr. Hengel: In 1989. Mr. Fanuele: What's behind it and on the side of it? Mr. Hengel: Just neighbors. Mr. Warren: What do you store in it? Mr. Hengel: Lawn tools. Mr. Fanuele: We will set the site visit for Saturday, July 26 and set your public hearing for August 12,2003. '""" Appeal No. 03-7187 John & Rosemarie Perillo -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 13 feet to allow for a 16 X 14 foot shed with a 7 X 8 foot roof over a e:ravel pad. thus reauestine: a variance of 27 feet. The property is located on 8 Henry Drive and is identified as Tax Grid No. 6157-02- 842912 in the Town of Wappinger. Mr. Perillo: Currently we have a 10 X 14 foot shed with two overhangs, one on each side. This helped me store my lawn tractor, etc. The neighbors think it's beautiful, in fact they have asked me to build them one. Mr. Fanuele: So the footprint is larger which results in your needing a larger setback? Mr. Perillo: That's correct. ...... Town of Wappinger Zoning Board of Appeals ....... Mr. Fanuele: Page 6 Minutes of July 22nd, 2003 We will be out on the 26th, and we will set your public hearing for August 12,2003. 03- 7189 Martin & Deborah Novick -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 2 feet 2 inches to allow for an addition and l!ara2e. thus reQuestinl! a variance of 12 feet 10 inches. - Where a front yard setback of 35 feet is reQuired, the applicant is proposing a front yard setback of 24 feet to allow for a front foyer. thus reQuestin2 a variance of 11 feet. The property is located on 9 Bowdoin Lane and is identified as Tax Grid No. 6057-02- 772582 in the Town of Wappinger. Mr. Novick: ~ Mr. Fanuele: Mr. Novick: Mr. Fanuele: Mr. Novick: Mr. diPiemo: We have a revised set of prints. The reason we want the front porch is when we come into the house together there is not enough room to move around to take off our shoes andjackets, so that's why we want the front foyer. For the side addition we have a chimney that sticks out two feet making us too close to the property line. Weare thinking about taking that down and going with a gas fireplace. That would give us four feet on the side. So this addition is going on the side and you're changing the front foyer. Can you stake this out for us and we will do a site visit on July 26,2003? I can put the stakes in the front for you but on the side it is black topped. Then maybe you can spray paint the outline. Fine. How can they come so close? Mrs. Lukianoff: They get a bonus from an R-20 to an R-15 zoning because they are in Tall Trees Subdivision and certain subdivisions were given bonus's years ago. Mr. Fanuele: ~ Ok, we will see you on July 26th and your public hearing will be August 12,2003. Town of Wappinger Zoning Board of Appeals Page 7 Minutes of July 22nd, 2003 ....... 03-7191 Lawrence & Jill Wood -Seeking an area variance of Section 240-37 of District Regulations in an R-80 Zoning District. - Where a front yard setback of 50 feet is required, the applicant is proposing a front yard setback of 11 feet to allow for an additional bedroom. thus reQuestin!! a variance of 39 feet. The property is located on 136 Stonvkill Road and is identified as Tax Grid No. 6056- 02-897684 in the Town of Wappinger. Mr. Wood: The problem with our house is that the Town put our house too close to the road and any side I would add it would be too close to a setback. The house was built before 1963. The original house was built in the 1900's and an addition was put on prior to 1963. I'm looking to extend the existing porch to provide an extra bedroom. Mr. Fanuele: So you're not extending it closer to the road but to the side? Mr. Wood: Correct. All our neighbors are many acres away and we are surrounded by state land. Mr. Warren: How long are you there? Mr. Wood: Since 1985. '-" Mr. Fanuele: We will come out on a site visit on July 26th and set your public hearing for August 12, 2003. 03-7192 Steven & Lvnn Minard -Seeking an area variance of Section 240-37 of District Regulations in an R-20j40 Zoning District. -Where a side yard setback of 25 feet is required, the applicant is proposing a side yard setback of 23 feet to allow for an enclosed 15 X 16 foot porch. thus reQuestin!! a variance of 2 feet. - Where a rear yard setback of 50 feet is required, the applicant is proposing a rear yard setback of 29 feet to allow for an enclosed 15 X 16 foot porch. thus reQuestin!! a variance of 21 feet. The property is located on 19 So. Fowlerhouse Road and is identified as Tax Grid No. 6157-04-528228 in the Town of Wappinger. Mr. Minard: Weare looking for a rear enclosed porch that we will finish like the rest of the house. We want to enclose it for safety reasons for our hot tub. Mr. Fanuele: Do you have a deck there now? ....... Page 8 Town of Wappinger Zoning Board of Appeals Mr. Minard: ........ Mr. diPiemo: Mr. Minard: Mr. Fanuele: Mr. Minard: Mr. Fanuele: Minutes of July 22nd, 2003 Yes, on the other side. Then you'll have two decks. Yes, but one will be enclosed. Any other questions from the board? Ok, we will set your site inspection for July 26th and your public hearing for August 12,2003. We will be away on the 12th so can we have the next available meeting if possible? Fine, we will set your public hearing for August 26, 2003. 03-7188 Judv & Michael Haase -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a side yard setback of 10 feet is required, the applicant is proposing a side yard setback of 6 feet to allow for a deck on their pool. thus reQuestine: a variance of 4 feet. The property is located on 14 Amherst Lane and is identified as Tax Grid No. 6057- 02-772582 in the Town of Wappinger. '-'" Mrs. Haase: Mr. Fanuele: Mrs. Haase: Mr. Fanuele: Mr. Warren: Mr. diPiemo: Vote: The deck is existing on our pool. It is 6 feet from my neighbor and I have a letter stating that they are fine with it. So you need a four foot variance for your side, correct? Yes, that's correct. I see your looking to get your cc on this. We will schedule your site visit for July 26th and your public hearing on the lih of August. Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8: 15 PM ..... Respectfully Submitted, Barbara Roberti, Secretary Secretary - Zoning Board of Appeals