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2003-06-10 ZONING BOARD OF APPEALS June 10t\ 2003 ....... Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: June 10thth, 2003 Road TIME: 7:30 PM Town Hall 20 Middlebush Wappingers Falls, NY Approve Site Minutes for May 31st, 2003. Public Hearin2s: Appeal No. 03-7170 David & Kelly Nikisher -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 15 feet 8 inches to allow for a 21 X 12 foot existin2 shed. thus reQUestin2 a variance of 24 feet 4 inches. The property is located on 86 Scott Drive and is identified as Tax Grid No. 6257-04- 710401 in the Town of Wappinger. '--", Appeal No. 03-7172 Jann & Michael Battista -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 10 feet to allow for a 27 foot above 2round pool. thus reQuestin2 a variance of 30 feet. The property is located on 33 DeGarmo Hills Road and is identified as Tax Grid No. 6258-02-749757 in the Town of Wappinger. Appeal No. 03-7173 Jerry & Gwendoline Yue N2 -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 16 feet for the construction of a 11 X 16 foot sun room, thus reQUestin2 a variance of 4 feet. The property is located on 13 Kent Road and is identified as Tax Grid No. 6258-03- 270101 in the Town of Wappinger. --... 1 ZONING BOARD OF APPEALS June 10t\ 2003 '-" Appeal No. 03-7174 David & Katherine Rvan -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 17 feet for a 18 X 33 foot above i!round pool with deck, thus reQuestini! a variance of 3 feet. - Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 38 feet to allow for a 18 X 33 foot above i!round pool with deck. thus reQuestini! a variance of 2 feet. The property is located on 14 Fox Hill Road and is identified as Tax Grid No. 6257-01- 407811 in the Town of Wappinger. .~ Appeal No. 03-7175 Vincent & Lvnn Vecchio -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 10 feet for a 12 X 21 existini! wood shed, thus reQuestini! a variance of 15 feet. - Where a rear yard setback of 50 feet is required, the applicant is proposing a rear yard setback of 11 feet to allow for a 12 X 21 existini! wood shed. thus reQuestini! a variance of 39 feet. The property is located on 2 Rose Lane and is identified as Tax Grid No. 6459-03- 025264 in the Town of Wappinger. Discussions: Appeal No. 03-7176 Darcv & Tracv Terralavoro -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a rear yard setback of 50 feet is required, the applicant is proposing a rear yard setback of 30 feet to allow for the installation of a 27 foot above i!round pool. thus reQuestini! a variance of 20 feet. The property is located on 16 Monfort Woods Road and is identified as Tax Grid No. 6358-03-188419 in the Town of Wappinger. ,..., 2 ZONING BOARD OF APPEALS June 10th, 2003 Appeal No. 03-7177 ....... Nicholas & Lisa Pizzella -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a rear yard setback of 50 feet is reQuired, the applicant is proposing a rear yard setback of 30 feet to allow for the installation of a 27 foot above 2round pool. thus reQUestin2 a variance of 20 feet. The property is located on 14 Monfort Woods Road and is identified as Tax Grid No. 6358-03-178432 in the Town of Wappinger. 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 Ride:e Drive and is identified as Tax Grid No. 6256-02-767947/784956 in the Town of Wappinger. ....... '-'" 3 T own of Wappinger Zoning Board of Appeals Page 1 Minutes oLlune 10th, 2003 MINUTES 4PPROVED MINUTES JUL 22 2003 Town of Wappinger Zoning Board of Appeals June 10th, 2003 Summarized Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Lehigh, Mr. diPiemo, Mr. Fanuele, Mr. Warren, Mr. Prager, Chairman Member Member Member Vice-Chairman Others Present: Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary SUMMARY Public Hearings: Nikisher Battista Yue Ng Ryan Vecchio Variance Granted. Variance Granted. Variance Granted. Variance Granted. Variance Granted. Discussions: Terralavoro Pizzella Stear Subdivision Public Hearing on June 24,2003. Public Hearing on June 24, 2003. Public Hearing on June 24,2003. Page 2 Town of Wappinger Zoning Board of Appeals ......... Mr. Warren: Mr. Prager: Vote: Minutes of June 10t\ 2003 Motion to approve Site Minutes for May 31 st, 2003. Second the motion. All present voted aye. Appeal No. 03-7170 David & Kelly Nikisher -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 15 feet 8 inches to allow for a 21 X 12 foot existinl!: shed. thus reQuestinl!: a variance of 24 feet 4 inches. The property is located on 86 Scott Drive and is identified as Tax Grid No. 6257-04- 710401 in the Town of Wappinger. ~ Mr. Prager: Mr. diPiemo: Vote: Mr. Lehigh: Mrs. Roberti: Mr. Lehigh: Mr. Fanuele: Mr. Nikisher: Mr. Lehigh: Mr. Prager: Mr. diPiemo: Vote: ......... Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. We have some letters from the Town Professionals. (Read letters from Graham Foster, Jay Paggi and Al Roberts.) We also have the agreement from you that you agree to move this shed if ever necessary. Does anyone have any questions? The letters state that if you replace this it must than meet the zoning code. Ok. Yes, we agree with that. Anyone in the audience have comment? Hearing none. Motion that we close the Public Hearing. Second the motion. All present voted aye. Page 3 Town of Wappinger Zoning Board of Appeals ........ Mr. diPierno: Mr. Prager: Roll Call: Minutes of June 10th, 2003 Motion to grant the variance with conditions that you have agreed too. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Aye Appeal No. 03-7172 Jann & Michael Battista -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 10 feet to allow for a 27 foot above I!round pool. thus reQuestinl! a variance of 30 feet. The property is located on 33 DeGarmo Hills Road and is identified as Tax Grid No. 6258-02-749757 in the Town of Wappinger. ~ Mr. Fanuele: Mr. diPiemo: Vote: Mr. Lehigh: Mrs. Roberti: Mr. Lehigh: Mr. Battista: Mr. Lehigh: Mr. Fanuele: Mr. diPiemo: Vote: Mr. Prager: Mr. Warren: "-'" Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. We did a site visit out there last Saturday and I think you have all swamp land out there. I don't think that land can be used for anything out there. I'm looking for a variance for a pool I'd like to put in. The topo is very bad out there. Does anyone have 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 even though it is a 75% variance, because of the way the land is and where the septic is laid out. Second the motion. Page 4 Town of Wappinger Zoning Board of Appeals "'" Roll Call: Minutes of June 1 ot\ 2003 Mr. Warren: Mr. diPiemo: Mr. Prager: Mr. Fanuele: Mr. Lehigh: Aye. Aye. Aye. Aye. Aye Appeal No. 03-7173 Jerry & Gwendoline Yue N2 -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 16 feet for the construction of an 11 X 16 foot sunroom, thus reQUestin2 a variance of 4 feet. The property is located on 13 Kent Road and is identified as Tax Grid No. 6258-03- 270101 in the Town of Wappinger. Mr. diPierno: Mr. Warren: Vote: ........ Mr. Lehigh: Mrs. Roberti: Mr. N g: Mr. Lehigh: Mr. Fanuele: Mr. N g: Mr. Fanuele: Mr. Lehigh: Mr. Prager: Mr. diPiemo: Vote: Mr. Fanuele: '-'" Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. I would like to put in a sunroom offmy garage. We also did a site visit on this and it looks very nice. What happens to the driveway where you park? This is the approved plan by the Building Inspector. Ok, I just wanted to make sure you have room to park your cars. 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. Page 5 Town of Wappinger Zoning Board of Appeals --.. Mr. Warren: Roll Call: Minutes ofJune 10th, 2003 Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Aye Appeal No. 03-7174 David & Katherine Rvan -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 17 feet for an 18 X 33 foot above 2round pool with deck, thus reQUestin2 a variance of 3 feet. - Where a rear yard setback of 40 feet is reQuired, the applicant is proposing a rear yard setback of 38 feet to allow for an 18 X 33 foot above 2round pool with deck. thus reQuestin2 a variance of 2 feet. The property is located on 14 Fox Hill Road and is identified as Tax Grid No. 6257- 01-407811 in the Town of Wappinger. "-" Mr. Prager: Mr. diPiemo; Vote: Mr. Lehigh: Mrs. Roberti: Mr. Lehigh: Mr. Fanuele: Mr. Ryan: Mr. Lehigh: Mr. diPierno: Mr. Prager: Vote: Mr. Warren: Mr. diPiemo: ......... Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. This is an existing deck and pool that Mr. Ryan wants to make legal. What's behind you? I'm not sure; I think its vacant State land. Anyone else on the board or 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 6 Town of Wappinger Zoning Board of Appeals ......... Roll Call: Minutes ofJune 10th, 2003 Mr. Warren: Mr. diPiemo: Mr. Prager: Mr. Fanuele: Mr. Lehigh: Aye. Aye. Aye. Aye. Aye Appeal No. 03-7175 Vincent & Lynn Vecchio -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 10 feet for a 12 X 21 existinl! wood shed, thus reQuestinl! a variance of 15 feet. - Where a rear yard setback of 50 feet is reQuired, the applicant is proposing a rear yard setback of 11 feet to allow for a 12 X 21 existinl! wood shed. thus reQuestinl! a variance of 39 feet. The property is located on 2 Rose Lane and is identified as Tax Grid No. 6459-03- 025264 in the Town of Wappinger. ~ Mr. Fanuele: Mr. Prager: Vote: Mr. Lehigh: Mrs. Roberti: Mr. Lehigh: Mr. Vecchio: Mr. Prager: Mrs. Vecchio: Mr. Lehigh: Mr. Fanuele: ........ Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. You are here to legitimize your shed. The variance is very large and it is a large building. Has the electric been inspected? Yes. Weare refinancing and found that the shed was not in compliance. We brought a copy of the survey tonight. Do you have an inspection report? Yes, I have it with me. (She proceeded to show the report to the board. ) Any other questions? What do you store in that? Page 7 Town of Wappinger Zoning Board of Appeals ......... Mr. Vecchio: Mr. Lehigh: Mr. diPierno: Mr. Prager: Vote: Mr. Prager: Mr. Warren: Vote: Mr. Fanuele: Mr. Pager: Roll Call: --.. Minutes oOune 10t\ 2003 Wood for heating my house in half of it and the other half has gardening tools. Anyone in the audience have any comments? Hearing none. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to declare a Neg. Dec. Second the motion. All present voted aye. I'll make a motion to grant it with the following conditions: That nothing is stored on the sides or the back and that if you ever replace this shed you abide by the zoning code. 1'11 second that. Mr. Warren: Mr. diPiemo: Mr. Prager: Mr. Fanuele: Mr. Lehigh: Aye. Aye. Aye. Aye. Aye Appeal No. 03-7176 Darcy & Tracy Terralavoro -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a rear yard setback of 50 feet is required, the applicant is proposing a rear yard setback of 30 feet to allow for the installation of a 27 foot above 2round pool, thus reQUestin2 a variance of 20 feet. The property is located on 16 Monfort Woods Road and is identified as Tax Grid No. 6358-03-188419 in the Town of Wappinger. Mr. Lehigh: Is this pool installed yet? Mr. Terralavoro: No it is not. Mr. Prager: Why are you proposing it there and how big is your lot? Mr. Terralavoro: Because otherwise it would push out to the front of the house. My lot is only .62 of an acre. ."-" Town of Wappinger Zoning Board of Appeals Page 8 Minutes of June 10th, 2003 ""-' Mr. Fanuele: Then his lot is small in an R -40 zone. Mr. Prager: I want to have a site visit. Mr. Lehigh: How much do you have from the house to the lot line and where is your septic and well? Mr. Terralavoro: Just 50 feet to the rear and I have a dry well here and my septic is in the front. Mr. Lehigh: Alright, we will do a site visit on the 14th of June and your public hearing will be on June 24t\ 2003. Just mark out the rear and the pool. ..... Appeal No. 03-7177 Nicholas & Lisa Pizzella -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a rear yard setback of 50 feet is reQuired, the applicant is proposing a rear yard setback of 30 feet to allow for the installation of a 27 foot above 2round pool, thus reQUestin2 a variance of 20 feet. The property is located on 14 Monfort Woods Road and is identified as Tax Grid No. 6358-03-178432 in the Town of Wappinger. Mr. Lehigh: You guys are getting the same pool? Mr. Pizzella: Different ones, but he's my brother-in-law. My brother and I have a small construction company and we stated to dig it out when Darcy told me that I needed a building permit. Mr. Fanuele: How big is your lot? Mr. Pizzella: .69 acres also. I'm proposing the pool here and I have a deck here. (Proceeds to show the board on the survey.) Mr. Lehigh: Do you have a variance for the deck? Mr. Pizzella: No, I didn't need one. I did get a building permit for it. Half of the pool will be 50 feet away from the rear. Mr. Prager: We will do a site visit at your home also. --- Town of Wappinger Zoning Board of Appeals Page 9 Minutes of June 10t\ 2003 ...... Mr. Prager: Motion to declare the ZBA Lead Agency. Mr. Warren: Second the motion. Vote: All present voted aye. Mr. Lehigh: We will set your public hearing for June 24th, 2003. 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 Ride:e Drive and is identified as Tax Grid No. 6256-02-767947/784956 in the Town of Wappinger. Present Dan Koehler --- Oswald and Gillespie Angela Ginsberg Mr. Lehigh: Before we begin I would like to hear from our Fire Prevention Bureau. ...... Mr. Liebermann: 911 has given them an address on Forest View from Pine Ridge. That will be their new address. Mr. Pottenburgh: Because of the 25 foot width they have agreed to enlarge the end of the driveway here so that the Fire Department could get one piece of equipment in and one to back in. Even though it is not a formal cul- de-sac, it will give us more room to turn around. Mr. Fanuele: School buses won't go in there so the kids will have to walk down to the end of the street, correct? Mr. Liebermann: Yes. Mr. Lehigh: What about garbage trucks? Mr. Koehler: I don't think they will go in. Mr. Fanuele: Maybe we should wait and find out. Mr. Lehigh: I'm not holding this up for garbage trucks. The attorney says the agreement is fine. Mr. Fanuele: Is the driveway coming in the 50 foot right of way? '- Page 10 Town of Wappinger Zoning Board of Appeals ......... Mr. Koehler: Mr. Prager: Mr. Lehigh: Mr. Prager: Mr. Warren: Vote: Mr. Prager: Mr. diPiemo: Vote: Minutes of June 10th, 2003 The deed has 25 feet access for the 50 foot ROW on this paper road. That's what we are showing on the map. Also we have a letter from Graham Foster that states that he has no problems with this as long as all the conditions are met. We will set the public hearing for June 24th, 2003. Motion to declare the ZBA the 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 ......... ...... ( arbara Roberti, Secr ary Secretary - Zoning Board of Appeals