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2003-05-28 ZONING BOARD OF APPEALS May 28t\ 2003 '-'" 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. '--" 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. '--" 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. 2 ZONING BOARD OF APPEALS May 281\ 2003 ~ 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. ...... '-" 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 "'-' 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. "'-' 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. "'-' Town of Wappinger Zoning Board of Appeals Page 3 Minutes of May 28, 2003 .'-' 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. ~ 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: '-- 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: '-' 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 "-- 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. "-- Mr. Ng.: Mr. Fanuele: Mr. N g: Mr. diPiemo: Mr. N g: Mr. Prager: Mr. Lehigh: Mr. Prager: Mr. Fanuele: Vote: .'-'" 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 "-' 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. '-"'" 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 ........ Respectfully Submitted, Barbara Roberti, Secretary Secretary - Zoning Board of Appeals