Loading...
2003-07-08 ZONING BOARD OF APPEALS July st\ 2003 ~ Revised July 8,2003 Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: July 8th, 2003 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappingers Falls, NY Approve Site Minutes for June 28, 2003. Public HeariDl!s: Appeal No. 03-7154 Stear Subdivision-Lots 1 and 2 -Seeking an area variance of Section 240-20 of District Regulations in an R-40 Zoning District. The applicant is proposing access from the rear of the property, utilizing an adjacent paper road. The property is located on Pine Ridee Drive and is identified as Tax Grid No. 6256-02-767947/784956 in the Town of Wappinger. ~ Appeal No. 03-7178 Patrick & Victoria Carroll -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, the applicant is proposing a front yard setback of 43.7 feet to allow for a 660 sf 2-storv addition. thus reQuestine a variance of 31.3 feet. The property is located on 223 Mvers Corners Road and is identified as Tax Grid No. 6258-02-682584 in the Town of Wappinger. Appeal No. 03-7180 Timothv & Dawn Short -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 13 feet to allow for a 24 foot above eround pool. thus reQuestine a variance of 7 feet. The property is located on 2438 Route 9D and is identified as Tax Grid No. 6157-01- 230710 in the Town of Wappinger. ..... 1 ZONING BOARD OF APPEALS July 8th, 2003 '-'" Appeal No. 03-7182 Stephan & Kelly Bitterton -Seeking an area variance of Section 240-37 of District Regulations in an R-40j80 Zoning District. - Where a rear yard setback of 50 feet is reQuired, the applicant is proposing a rear yard setback of 25 feet to allow for the installation of an inl!round pool. thus reQuestinl! a variance of 25 feet. The property is located on 345 Maloney Road and is identified as Tax Grid No. 6359- 01-056740 in the Town of Wappinger. Appeal No. 03-7179 Rodney & Patricia Little -Seeking an area variance of Section 240-37 of District Regulations in an R-40j80 Zoning District. - Where a front yard setback of 50 feet is reQuired, the applicant is proposing a front yard setback of 48 feet to allow for their front steps. thus reQuestinl! a variance of 2 feet. The property is located on 54 Red Hawk Hollow and is identified as Tax Grid No. 6359-02-839510 in the Town of Wappinger. '-'" Discussions: 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 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. ....... 03-7184 Mr. Doul!las 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 reQuestinl! 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. 2 ZONING BOARD OF APPEALS July 8th, 2003 '-" Appeal No. 03-7185 Dout!las & 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 reauired, the applicant is proposing a rear yard setback of 16.5 feet to allow for the installation of a above eround pool and deck, thus reauestine 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. '-" ..... 3 Town of Wappinger Zoning Board of Appeals Town of Wappinger Zoning Board of Appeals July 8th, 2003 Summarized Minutes Members Present: Mr. Prager, Mr. Fanuele, Mr. Warren, Members Absent: Page 1 Minutes of July 8th, 2003 MINUTES Town Hall 20 Middlebush Road Wappinger Falls, NY Vice-Chairman Member Member !-\/"PF10V[D ,iJUL :2 2 2~Q3 Mr. diPiemo, Member Mr. Lehigh, Chairman Others Present: Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary SUMMARY Public Hearings: Carroll Short Better ton Little Discussions: McGillicuddy Deppe Sheriden Variance Granted. Variance Granted. Variance Granted. Variance Granted. Public Hearing on July 24, 2003 Public Hearing on July 24,2003. Public Hearing on July 24,2003. Page 2 Town of Wappinger Zoning Board of Appeals ...... Mr. Fanuele: Mr. Warren: Vote: Minutes of July 8t\ 2003 Motion to approve Site Minutes for June 28t\ 2003 as amended. Second the motion. All present voted aye. Appeal No. 03-7154 Stear Subdivision-Lots 1 and 2 -Seeking an area variance of Section 240-20 of District Regulations in an R-40 Zoning District. The applicant is proposing access from the rear of the property, utilizing an adjacent paper road. The property is located on Pine Ridee Drive and is identified as Tax Grid No. 6256-02-767947/784956 in the Town of Wappinger. Present: Mr. Fanuele: Mr. Warren: Vote: Mr. Prager: Mrs. Roberti: -.. Mr. Koehler: Mr. Prager: Mr. Mauer: Mr. Koehler: Mr. Mauer: Mr. Mauer: Mr. Koehler: ...... Mr. Koehler Angela Ginsberg Motion to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. Gave over view to the public. Now I will open this up to the public for questions. I think it's totally unfair that other people in the past have wanted to open this road up in the past and the Town said you have to have Town specs and now they can have a paper road. When they said 25 feet, it should be 50 feet. Now it's only the upper 25 feet of the ROW. If they are all 50 foot easements, where is it here on the map? Mr. Koehler tried to explain to Mr. Mauer how the easement worked and to assure him that the 25 foot in question did not include his property. Mr. Mauer was not comfortable with any explanations given to him. I think I'm going to have this checked out on my own. That's fine; the Town Attorney has agreed this is correct already. Page 3 Town of Wappinger Zoning Board of Appeals Mr. Vellick: ~ Mrs. Lukianoff: Mr. Chrisman: Mrs. Ginsberg: Mr. Chrisman: Mrs. Ginsberg: Mr. Prager: Mr. Warren: Mr. Fanuele: Vote: Mr. Fanuele: '-' Mr. Warren: Roll Call: Mr. Prager: Minutes of July 8th, 2003 On live on Forest View and I want to know what specs the road will be? They have to have a 12 foot width and must be able to support fire apparatus and meet Town highway specs. Is there a maintenance agreement in place? Yes, between the two lots and possibly with a third lot. Will this be a dirt road? It's fewer than 6% so I don't have to pave it but I might. Are there any other 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 it meets all the Highway Specs. Second the motion. Mr. Warren: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. I would just like to add that we did run this by our Fire Prevention Bureau in the Town. They did go out there and look at it and are happy with the way the driveway specs are. Appeal No. 03-7178 Patrick & Victoria Carroll -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 reauired, the applicant is proposing a front yard setback of 43.7 feet to allow for a 660 sf 2-storv addition. thus reauestin2 a variance of 31.3 feet. The property is located on 223 Myers Corners Road and is identified as Tax Grid No. 6258-02-682584 in the Town of Wappinger. Mr. Warren: Mr. Fanuele: ~ Motion to open the Public Hearing. Second the motion. Page 4 Town of Wappinger Zoning Board of Appeals Vote: ~ Mr. Prager: Mrs. Roberti: Mr. Carroll: Mr. Prager: Mr. Fanuele: Mr. Warren: Vote: Mr. Fanuele: Mr. Warren: Roll Call: Minutes of July 8th, 2003 All present voted aye. Are all the mailings in order? Yes. I'm looking for a variance to allow us to build an addition to the side of our house. Weare not going any closer to the road. Does anyone in the audience have any questions? Does anyone on the board have questions? Hearing none. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the variance since the addition is no closer to the road and in my mind that creates no impact. Second the motion. Mr. Warren: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. Appeal No. 03-7180 Timothy & Dawn Short -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 reauired, the applicant is proposing a side yard setback of 13 feet to allow for a 24 foot above t!round pool. thus reauestint! a variance of 7 feet. The property is located on 2438 Route 9D and is identified as Tax Grid No. 6157-01- 230710 in the Town of Wappinger. ....... Mr. Warren: Mr. Fanuele: Vote: Mr. Prager: Mrs. Roberti: Mr. Short: Mr. Prager: ....... Motion to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. We are seeking a variance to put in an above ground pool. We all did a site visit on this property. Does anyone in the audience have any questions? Hearing none. Page 5 Town of Wappinger Zoning Board of Appeals ....... Mr. Fanuele: Mr. Warren: Vote: Mr. Warren: Mr. Fanuele: Roll Call: Minutes of July gt\ 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. Fanuele: Aye. Mr. Prager: Aye. Appeal No. 03-7182 Stephan & Kellv Betterton -Seeking an area variance of Section 240-37 of District Regulations in an R-40j80 Zoning District. - Where a rear yard setback of 50 feet is reauired, the applicant is proposing a rear yard setback of 25 feet to allow for the installation of an in 2round pool. thus reQUestin2 a variance of 25 feet. ' The property is located on 345 Maloney Road and is identified as Tax Grid No. 6359- 01-056740 in the Town of Wappinger. -... Mr. Warren: Mr. Fanuele: Vote: Mr. Prager: Mrs. Roberti: Mr. Betterton: Mr. Prager: Mr. Fanuele: Mr. Prager: Mr. Fanuele: Mr. Warren: Vote: ..... Motion to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. Weare looking to put in an in ground pool and we need a variance because our house is set toward the back. We did a site visit and you have a farm all around you and your septic is also a factor. Your lot is kind of short and wide. Does anyone in the audience have a comment or question? 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. Warren: Roll Call: Page 6 Minutes of July 8th, 2003 I make a motion to grant the variance. Second the motion. Mr. Warren: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. Appeal No. 03-7179 Rodnev & Patricia Little -Seeking an area variance of Section 240-37 of District Regulations in an R-40j80 Zoning District. -Where a front yard setback of 50 feet is reauired, the applicant is proposing a front yard setback of 48 feet to allow for their front steps. thus reauestine: a variance of 2 feet. The property is located on 54 Red Hawk Hollow and is identified as Tax Grid No. 6359-02-839510 in the Town of Wappinger. Mr. Fanuele: Mr. Warren: Vote: ..... Mr. Prager: Mrs. Roberti: Mrs. Little: Mr. Prager: Mrs. Little: Mr. Prager: Mr. Fanuele: Mrs. Little: Mr. Fanuele: Mr. Warren: Vote: ~ Motion to open the Public Hearing. Second the motion. All present voted aye. Are all the mailings in order? Yes. We are seeking a variance to allow us to alter our landscaping in the front yard. This would require us to dig up our two front steps, which is where we are short. What are the steps made out of? They are wooden. Does anyone in the audience have any comments? Hearing none. Is Red Hawk Hollow a cul-de-sac? Yes. Motion to close the Public Hearing. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals ........ Mr. Warren: Mr. Fanuele: Roll Call: Page 7 Minutes of July 8t\ 2003 Motion to grant the variance. Second the motion. Mr. Warren: Aye. Mr. Fanuele: Aye. Mr. Prager: 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 requestine: 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. Mrs. McGillicuddy: We would like to enlarge our deck so that we may enjoy it more. Mr. Prager: I have a site plan here and see that you have a large yard but only 18 feet in the rear. ..... Mr. Warren: Will there be a roof or any screening to this deck? Mrs. McGillicuddy: No. Mr. Fanuele: How high off the ground will it be? Mrs. McGillicuddy: About 9 feet high. Mr. Prager: Mr. Warren: Mr. Fanuele: Vote: <iflIIIIo" We will do a site visit on Saturday July 12th, 2003. You do not have to be home but please stake it out for us. We will also set your public hearing for July22nd, 2003. Motion to declare the ZBA Lead Agency. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals Page 8 Minutes of July 8th, 2003 "" 03- 7184 Mr. Douelas 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 reQuestine 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. Deppe: I have an existing shed on my land that I have recently subdivided, which now causes my shed to need a variance. There is a stone wall dividing my property. I built this shed around 1965 and built it very well just like the house. Mr. Warren: What do you store in it? Mr. Deppe: Garden supplies and tools. Mr. Fanuele: Does this have electric in it? --.. Mr. Deppe: Yes, just for light. Mr. Prager: We will do a site visit on July 1ih, and we will set your public hearing for July 22nd, 2003. Mr. Warren: Mr. Fanuele: Vote: Motion to declare the ZBA Lead Agency. Second the motion. All present voted aye. Appeal No. 03-7185 Douelas & 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 eround pool and deck. thus reQuestinl! 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. ...,.., Page 9 Town of Wappinger Zoning Board of Appeals Minutes of July 8th, 2003 ~ Mr. Sheriden: We are looking for a 23.5 variance to be able to put in an above ground pool. We are on a comer lot and I simply don't have 40 feet anywhere. Mr. Prager: Mr. Fanuele: Mr. Sheriden: Mr. Prager: Mr. Warren: Mr. Fanuele: Vote: ~ Mr. Fanuele: Mr. Warren: Vote: I see its only Y2 an acre and we run into this periodically. It looks like there's a pool in the middle now? No, that's a surrounding deck. This will face my neighbor that has no windows on that side of his property. We will do a site visit on July lih, and we will set your public hearing for July 22nd, 2003. Motion to declare the ZBA Lead Agency. Second the motion. All present voted aye. Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM -.. y Submitted, ~. /~ - / , d'.t;ZL / L ~~.., '-:l&:P"'1 13 am oherti, Secretary . ~ Secretary - Zoning Board of Appeals