2003-05-28
ZONING BOARD OF APPEALS
May 28t\ 2003
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Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: May 28th, 2003
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappingers Falls, NY
Approve Site Minutes for May 17th, 2003.
Adiourned Public Hearines:
Appeal No. 03-7163
Ann Marie Haley
-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 11 feet for the construction of a two-car earaee and addition, thus
reQuestine a variance of 9 feet.
The property is located on 149 Chelsea Road and is identified as Tax Grid No. 6056-04-
550488 in the Town of Wappinger.
........
Public Hearines:
Appeal No. 03-7171
Ann Marie Haley
-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 4 feet for a 16 X 32 foot ineround pool, thus reQuestine a variance of 16
feet.
The property is located on 149 Chelsea Road and is identified as Tax Grid No. 6056-04-
550488 in the Town of Wappinger.
Appeal No. 03-7169
Juan & Shirley Cabrera
-Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning
District.
- Where a rear yard setback of 30 feet is required, the applicant is proposing a rear
yard setback of 15 feet to allow for a 24 X 15 foot above eround pool. thus reQuestine
a variance of 15 feet.
The property is located on 24 Quarry Drive and is identified as Tax Grid No. 6158-04-
995493 in the Town of Wappinger.
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1
ZONING BOARD OF APPEALS
May 28th, 2003
.......
Discussions:
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 reauired, the applicant is proposing a rear
yard setback of 15 feet 8 inches to allow for a 21 X 12 foot existine: shed. thus
reauestine: 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
J ann & 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 reauired, the applicant is proposing a rear
yard setback of 10 feet to allow for a 27 foot above e:round pool. thus reauestine: 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 Ne:
-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 16 feet for the construction of a 11 X 16 foot sun room, thus reauestine: 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.
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Appeal No. 03-7174
David & Katherine Ryan
-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 17 feet for a 18 X 33 foot above e:round pool with deck, thus reauestine: a
variance of 3 feet.
- Where a rear yard setback of 40 feet is reauired, the applicant is proposing a rear
yard setback of 38 feet to allow for a 18 X 33 foot above e:round pool with deck. thus
reauestine: 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.
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ZONING BOARD OF APPEALS
May 281\ 2003
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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 existin2: wood shed, thus reqUestin2 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 existin2: wood shed. thus requestin2: 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.
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3
Town of Wappinger
Zoning Board of Appeals
Town of Wappinger
Zoning Board of Appeals
May 28, 2003
Summarized Minutes
Members Present:
Mr. Lehigh,
Mr. diPierno,
Mr. Fanuele,
Mr. Warren,
Mr. Prager,
Others Present:
Page 1
Minutes of May 28, 2003
MINUTES
l\PPROVED
MINUTES
JUl 22 2003
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member
Member
Member
Vice-Chairman
Mrs. Lukianoff, Zoning Administrator
Mrs. Roberti, Secretary
SUMMARY
Adjourned Public Hearing:
Haley
Public Hearings:
Haley
Cabrera
Discussions:
Nikisher
Battista
Y ue N g
Ryan
Vecchio
Granted Variance.
Granted variance.
Granted variance.
Public Hearing on June 10, 200
Public Hearing on June 10,2003.
Public Hearing on June 10,2003.
Public Hearing on June 10, 2003
Public Hearing on June 10,2003
Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of May 28,2003
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Mr. Warren:
Mr. Prager:
Vote:
Motion to approve Site Minutes for May 17th, 2003.
Second the motion.
All present voted aye.
Appeal No. 03-7163
Ann Marie Haley
-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 11 feet for the construction of a two-car 2ara2e and addition, thus
reQuestin2 a variance of 9 feet.
The property is located on 149 Chelsea Road and is identified as Tax Grid No. 6056-04-
550488 in the Town of Wappinger.
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Mr. diPierno:
Mr. Warren:
Vote:
Motion to open the Adjourned Public Hearing.
Second the motion.
All present voted aye.
Mr. Haley:
I'm here to ask for a variance for a new two-car garage.
Mr. Lehigh:
Does anyone have any questions on this? We waited to address
this while Mr. Haley applied for a variance on his pool. Anyone
in the audience? Hearing none.
Mr. Prager:
Mr. Warren:
Vote:
Motion to close the Adjourned Public Hearing.
Second the motion.
All present voted aye.
Mr. Lehigh:
We'll vote on both variances together.
Appeal No. 03-7171
Ann Marie Haley
-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 4 feet for a 16 X 32 foot in 2round pool, thus reQUestin2 a variance of
16 feet.
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Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of May 28, 2003
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The property is located on 149 Chelsea Road and is identified as Tax Grid No. 6056-
04-550488 in the Town of Wappinger.
Mr. Prager:
Mr. diPierno:
Vote:
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Mr. Lehigh:
Are the mailings in order?
Mrs. Roberti:
Yes.
Mr. Prager:
You said you have moved the pool house?
Mr. Haley:
Yes I have.
Mr. Fanuele:
Are you next to the Chelsea Ridge Apartments?
Mr. Haley:
Yes.
Mr. Lehigh:
Any other questions? (No.) Anyone in the audience? Hearing
none.
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Mr. diPierno:
Mr. Warren:
Vote:
Motion to be Lead Agency.
So moved.
All present voted aye.
Mr. Prager:
Mr. Warren:
Vote:
Motion to close the Public Hearing.
Second the motion.
All present voted aye.
Mr. Fanuele:
Mr. Warren:
Roll Call:
Motion to grant both variances.
Second the motion.
Mr. Warren: Aye.
Mr. diPierno: Aye.
Mr. Prager: Aye.
Mr. Fanuele: Aye.
Mr. Lehigh: Aye
.........
Town of Wappinger
Zoning Board of Appeals
'-'"
Page 4
Minutes of May 28,2003
Appeal No. 03-7169
Juan & Shirley Cabrera
-Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning
District.
- Where a rear yard setback of 30 feet is required, the applicant is proposing a rear
yard setback of 15 feet to allow for a 24 X 15 foot above 2round pool. thus reQUestin2
a variance of 15 feet.
The property is located on 24 Quarry Drive and is identified as Tax Grid No. 6158-04-
995493 in the Town of Wappinger.
Mr. Prager:
Mr. Warren:
Vote:
Mr. Lehigh:
Mrs. Roberti:
Mrs. Cabrera:
........
Mr. Prager:
Mr. Lehigh:
Mr. Prager:
Mr. Fanuele:
Vote:
Mr. diPierno;
Mr. Prager:
Roll Call:
........
Motion to open the public Hearing.
Second the motion.
All present voted aye.
Are the mailings in order?
Yes.
Weare looking to put in an above ground pool.
We did a site inspection and it doesn't look like there is much area to
put it anywhere else.
Any other questions from the board or 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.
Mr. Warren: Aye.
Mr. diPierno: Aye.
Mr. Prager: Aye.
Mr. Fanuele: Aye.
Mr. Lehigh: Aye
Town of Wappinger
Zoning Board of Appeals
."'-
Page 5
Minutes of May 28,2003
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. Lehigh:
Mrs. Nikisher:
Mr. Lehigh:
Mr. Nikisher:
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Mr. Lehigh:
Mr. Prager:
Mr. Warren:
Vote:
I believe you're aware ofthe correspondence from the professionals?
We didn't see it.
Well they didn't have a problem with you leaving the shed as long as
you are aware that if they ever have to get in there you will be
responsible to move the shed. You will need to sign an agreement to
that effect.
I have it here signed and notarized.
Good we'll have copies made ofthat. Is there anyone in the
audience who has any questions? Ok, we'll set June 10 as the public
hearing.
Motion for the ZBA to be Lead Agency.
Second the motion.
All present voted aye.
Appeal No. 03-7172
J ann & 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 l!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. Battista:
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I'm looking for a variance to put my pool in. The area we have
chosen seems to be the only place to put the pool because of where
my septic and leech fields are.
Town of Wappinger
Zoning Board of Appeals
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Mr. Prager:
Mr. Lehigh:
Mr. Prager:
Mr. Battista:
Mr. Prager:
Mr. Warren:
Vote:
Page 6
Minutes of May 28,2003
This is a huge variance you are looking for. I think we should do a
site visit.
We will need your lines marked out. We will come out on May 31 st
and set your public hearing for June 10th.
How long have you been there?
15 years.
Motion for the ZBA to be Lead Agency.
Second the motion.
All present voted aye.
Appeal No. 03-7173
Jerrv & 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.
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Mr. Ng.:
Mr. Fanuele:
Mr. N g:
Mr. diPiemo:
Mr. N g:
Mr. Prager:
Mr. Lehigh:
Mr. Prager:
Mr. Fanuele:
Vote:
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Weare looking to put in a sunroom.
Will it be attached to your home?
Yes.
Is this in the front?
No, it is on the side. We have converted the garage into a room and
from the garage we can step into the sunroom.
I would like to see the site.
I will set the site visit for Saturday May 28th and your public hearing
for June 10t\ 2003.
Motion for the ZBA to be Lead Agency.
Second the motion.
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
Page 7
Minutes of May 28,2003
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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 vard 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
reQuestiD!! 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. Ryan:
I would like to get a variance to put a pool in with a deck.
Mr. Lehigh:
This is going in the rear of the house?
Mr. Ryan:
Yes.
Mr. Fanuele:
Is this just the deck that exceeds the code?
.......
Mr. Ryan:
The deck exceeds the back yard and the pool exceeds the side yard.
Mr. Lehigh:
Can you move it at all?
Mr. Ryan:
It's already up. I was unaware that I needed a building permit at the
time.
Mr. Lehigh:
We will set a site visit for May 28th and a public hearing for June
10th, 2003.
Mr. Prager:
Mr. diPiemo:
Vote:
Motion for the ZBA to be Lead Agency.
Second the motion.
All present voted 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 existin2 wood shed, thus reQUestin2 a variance
of 15 feet.
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Town of Wappinger
Zoning Board of Appeals
""-'
Page 8
Minutes of May 28,2003
- 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. Vecchio:
Mr. Prager:
Mr. Vecchio:
Mr. diPiemo:
Mrs. Vecchio:
Mr. Lehigh:
Mr. Vecchio:
........
Mr. Lehigh:
Mr. Prager:
Mr. diPiemo:
Vote:
Mr. Prager:
Mr. diPiemo:
Vote:
I'm looking to make my shed legal.
This shed is existing?
Yes.
Is this an acre of land?
No, it's 8110th of an acre.
How long has it been there?
10 years. I store my wood to heat my house there.
We will be out on Saturday for a site visit and set your public hearing
for June 10th, 2003. You'll need your lines marked for us
Motion for the ZBA to be 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
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Respectfully Submitted,
Barbara Roberti, Secretary
Secretary - Zoning Board of Appeals