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2003-05-13 ZONING BOARD OF APPEALS May 13 th, 2003 "-' Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: May 13th, 2003 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappingers Falls, NY Approve Minutes for April 22, 2003. Approve Site Minutes for April 26, 2003 - Gigliotti Approve Site Minutes for April 26, 2003 - Romano Approve Site Minutes for April 26, 2003 - Tierney Approve Site Minutes for April 26, 2003 - Arriago, Jr. Adiourned Public Hearin2s: ........ Appeal No. 03-7161 Hettin2er/Fernwood Floral -Seeking an Interpretation following the determination of the Zoning Administrator, dated March 7, 2003 regarding Section 240-16 (c) 3 and its applicability to the proposed use as a florist shop versus its current use as a copy center. The property is located on 51 Myers Corners Road and is identified as Tax Grid No. 6157-02-899988 in the Town of Wappinger. Public Hearin2s: Appeal No. 03-7165 Gi2liotti 2-lot Subdivision -Seeking an area variance of Section 240-20 of District Regulations in an R-40 Zoning District. -Where the Town of Wappinger Zoning Code does not permit shared driveways the applicant is seeking a variance to allow for a shared driveway allowing access to Route 376 from both lots The property is located on Route 376 and is identified as Tax Grid No. 6358-01-120950 in the Town of Wappinger. Appeal No. 03-7166 Carla Romano -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 28 feet to allow for a 15 X 30 foot above 2round pool with an attached open wood deck thus reQUestin2 a variance of 2 feet. The property is located on 7 Quarry Drive and is identified as Tax Grid No. 6258-01- 067547 in the Town of Wappinger. ......... 1 ZONING BOARD OF APPEALS May 13 t\ 2003 ........ Anneal No. 03-7167 Michael & Susan Tierney -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 reauired, the applicant is proposing a side yard setback of 20 feet for the installation of a 28 foot above 2round nool, thus reauestin2 a variance of 5 feet. _ Where a rear yard setback of 50 feet is reauired, the applicant is proposing a rear yard setback of 35 feet for the installation of a 28 foot above 2round nool, thus reauestin2 a variance of 15 feet. The property is located on 10 Thomnson Terrace and is identified as Tax Grid No. 6256-02-673940 in the Town of Wappinger. Anneal No. 03-7168 Salvador Arria20. Jr. -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 to allow for a 24 foot above 2round nool. thus reauestin2 a variance of 25 feet. The property is located on 17 Marlorville Road and is identified as Tax Grid No. 6157- 01-087730 in the Town of Wappinger. Discussions: ....... Anneal 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 reauired, the applicant is proposing a rear yard setback of 15 feet to allow for a 24 X 15 foot above 2round nool. thus reauestin2 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. Anneal 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 existin2 shed. thus reauestin2 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. ".... 2 ZONING BOARD OF APPEALS May 13 t\ 2003 .......... Appeal No. 03-7171 Ann Marie Haley -Seeking an area variance of Section 240-37 of District Regulations in an R-40 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 ine:round 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. ...... '-'" 3 Town of Wappinger Zomng Board of Appeals Page 1 Minutes of May 13,2003 MINUTES MINUn:=S APPROVED JUl 2 2 2~D3 Town of Wappinger Zoning Board of Appeals May 13, 2003 Summarized Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Lehigh, Mr. diPierno, Mr. Fanuele, Mr. Warren, Mr. Prager, Chairman Member Member Member Vice-Chairman Others Present: Mr. Roberts, Town Attorney Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary SUMMARY Adjourned Public Hearing: Hettinger/F ernwood Granted Interpretation. Public Hearings: Gigliotti 2- Lot Carla Romano Michael Tierney Salvador Arriago, Jr. Denied variance. Granted variance. Granted variance. Granted variance. Discussions: Juan & Shirley Cabrera Public Hearing on May 28, 2003. David & Kelly Nikisher Waiting for response from professionals. Ann Marie Haley Public Hearing on May 28, 2003. Page 2 Town of Wappinger Zoning Board of Appeals ......... Mr. Prager: Mr. Warren: Vote: Mr. Prager: Mr. Warren: Vote: Minutes of May 13, 2003 Motioned to approve Minutes for April 22, 2003. Second the motion. All present voted aye. Motioned to approve Site Minutes for April 26, 2003. Second the motion. All present voted aye. Appeal No. 03-7161 Hettin2er/Fernwood Floral -Seeking an Interpretation following the determination of the Zoning Administrator, dated March 7, 2003 regarding Section 240-16 (c) 3 and its applicability to the proposed use as a florist shop versus its current use as a copy center. The property is located on 51 Mvers Corners Road and is identified as Tax Grid No. 6157-02-899988 in the Town of Wappinger. Present: "-" Mr. Prager: Mr. diPierno: Vote: Mr. Lehigh: Mr. Cantor: Mr. Lehigh: Mr. Fanuele: Mr. Prager: Vote: Mr. Lehigh: ....... Helen Hettinger Motion to open the adjourned Public Hearing. Second the motion. All present voted aye. I have two items that I would like to enter into evidence. A letter from Mr. Cantor dated May 11, 2003 and a decision from the ZBA dated March 9, 1971. Does anyone have anything else? Mr. Cantor do you have anything? No Mr. Lehigh. Then I will entertain a motion to close the Public Hearing. So moved. Second the motion. All present voted aye. I had two decisions prepared by the Town Attorney, one negative and one positive. I'd like to hand these out and take a few minutes to read them over and then vote on a decision. At this time the board read over both decisions. Town of Wappinger Zoning Board of Appeals Page 3 Minutes of May 13, 2003 '-"" Mr. Lehigh: I think we are ready to vote. Mr. Roberts: Do they want anything added or subtracted to the decisions? Mr. Lehigh: I will ask them that. Are there any changes that you may want? (The board replied no.) Ok, then I will read the decision and we will take a vote on it. TOWN OF WAPPINGER ZONING BOARD OF APPEALS DECISION ON INTERPRETATION APPLICATION Applicants: H&B Office Products, Inc. and Femwood Floral Gardens Premises: 51 Myers Comers Road Tax Grid No.: 6157-02-899988 By Application dated March 7, 2003, H&B Office Products, Inc. (hereinafter referred to as "HB") and Femwood Floral Gardens (hereinafter referred to as ........ "Femwood") submitted an Interpretation Application from a written determination made by Zoning Administrator, Tatiana Lukianoff, dated March 7,2003. Helen Hettinger, an officer ofHB, had previously requested a determination from the Zoning Administrator, Tatiana Lukianoff, that the proposed use of the above premises for sales and service of florist products was a continuation of the current use of the premises for sales and service of office products. Zoning Administrator Lukianoff, by letter dated March 7, 2003, in response to the inquiry from Helen Hettinger, stated that "the proposed use is not one permitted in a residential zone" and referred to the Town of Wappinger Zoning Code S240-16( c )(3) which states that a "non-conforming use of a building may be changed only to a conforming use". ........ Town of Wappinger Zoning Board of Appeals Page 4 Minutes of May 13, 2003 ~ PUBLIC HEARING A. A Public Hearing on this Application was conducted on April 8, 2003, which was adjourned to April 22, 2003 and closed on May 13, 2003. B. At the April 22, 2003 Public Hearing, Helen Hettinger ofHB provided testimony on behalf of the Applicants. In addition, she produced various documentation pursuant to subpoena duces tecum requested by Richard Cantor on behalf of a neighboring property. Chairman Alan Lehigh identified a list of the evidence presented which includes the following: 1. March 7, 2003 - letter from Mr. Adams to Zoning Board of Appeals 2. March 10,2003 -letter from Mr. Cantor's office to Zoning Board of Appeals 3. March 11,2003 -letter from Mr. Roberts' office to Zoning Board of Appeals ....... 4. March 14,2003 -letter from Mr. Roberts' office to Zoning Board of Appeals 5. March 17,2003 -letter from Mr. Roberts' office to Zoning Board of Appeals 6. March 31, 2003 - letter from Mr. Cantor's office to Zoning Board of Appeals 7. April 3, 2003 - Zoning Administrator Interpretation Appeal 8. April 7, 2002 -letter from Mr. Roberts' office to Zoning Board of Appeals 9. April 8, 2003 - letter from Mr. Cantor's office to Zoning Board of Appeals ....... Town of Wappinger Zoning Board of Appeals Page 5 Minutes of May 13, 2003 10. April 10, 2003 -letter from Mr. Roberts' office to Zoning Board of ........ Appeals 11. April 11, 2003 -letter from Mr. Cantor's office to Zoning Board of Appeals 12. April 17, 2003 -letter from Mr. Roberts' office to Richard Cantor and Jon Adams 13. April 22, 2003 -letter from Mr. Cantor's office to Zoning Board of Appeals 14. Federal Income Tax Forms ofHB 15. Telephone Statements for HB 16. New York State Sales Tax Income Statement ofHB 17. Certificate of Occupancy and Variance for HB ~ 18. Deed for RB Hettinger, Inc. dated July 17, 1975. FINDINGS Based upon information and evidence provided at the Public Hearings, the Zoning Board of Appeals makes the following findings: 1. The premises in question is located at 51 Myers Comers Road on a 0.26 acre parcel in a R-20 residential zone. 2. The property has been used for at least 32 years for sales of office equipment and supplies. 3. Applicant HB, through testimony provided by Helen Hettinger, has indicated that HB has negotiated the sale of the existing premises presently occupied by "HB to F emwood". F emwood seeks to operate its retail sales of florist products from this site. 4. By joint Application dated March 7,2003, HB and Femwood requested to the Town of Wappinger Zoning Board of Appeals to interpret and decide whether the "-" Town of Wappinger Zoning Board of Appeals Page 6 Minutes of May 13,2003 proposed use of the building by Femwood for retail sales of florist products is a permitted "-- use of the premises or constitutes a change of use. 5. Testimony revealed that Helen Hettinger is an officer ofHB and has standing to represent the corporate application ofHB. 6. On Apri122, 2003, Helen Hettinger testified on behalf of the applicants that she was present for a Town of Wappinger Zoning Board of Appeals meeting in 1971 at which time a variance was issued for the subject premises "to change Normandy Farm [restaurant] to a H&B Office [supplies]. It was changed and it was legal" according to Mrs. Hettinger. 7. A variance was granted on July 2, 1971 and a Certificate of Occupancy was issued as a result thereof "for use as a legally non-conforming commercial building" with respect to the premises at issue. The Building Permit further characterized the premises as a "legally non-conforming commercial building". ....... 8. This Interpretation Application is exempt from environmental review pursuant to NYCRR 9617.5(c)(31) (SEQRA) as it is properly classified as a Type II action. 9. The Zoning Board of Appeals finds that testimony ofMr. Rocco Trenkle provided on April 8, 2003 helpful in its determination of the following facts: A. The premises appearance or structure will not change as of the use proposed by the applicants; B. There is no expected significant change with respect to the occupants or clientele that would be conducting their business at the premises; ....... Town of Wappinger Zoning Board of Appeals Page 7 Minutes of May 13, 2003 c. The essential character of the prior use of a "legally non- .......... conforming commercial building", as it is characterized according to the variance granted to the property on July 2, 1971, has not changed; D. The essential character of the property as a commercial building will not change by substituting floral products for office products; E. A variance for a legally non-conforming commercial building was issued on July 7, 1971 which runs with the land; F. the proposed use is incident to the prior use of the premises as a legally non-conforming commercial building engaging in retail sales of consumer products. DECISION ......... 10. The ZBA is of the opinion that the use of the premises for the sale and service of office products is essentially the same as if the premises were used for the retail sale and service of florist products. The predominant use of the premises for the last 32 years while occupied by HB was sales and service of office business equipment and supplies. Throughout this period, the predominant use of the premises was for retail sales. 11. This Board notes that the Applicant HB had previously received a variance for a "commercial building" and on October 29, 1971 subsequently received a c/o for "use as a legally non-conforming commercial building". ....... Town of Wappinger Zoning Board of Appeals Page 8 Minutes of May 13, 2003 12. The ZBA notes the Town's Zoning Code no longer simply refers to ...... "commercial" uses. The current Zoning Code categorizes uses as either "residential" or "non-residential". Retail uses are permitted in HB, HM, MB, GB, CC, SC, HO, and HD Districts. "Service" uses are permitted in the same Districts. Retail sales of office equipment or florist products are not separately identified in the Zoning Ordinance - although "copy centers" are referenced under the category of "service". The ZBA also notes there is no definition of the term "retail" within the Zoning Code. The ZBA references the above permitted uses for non-residential districts only as a guide for what may be permitted in non-residential districts. 13. The ZBA determines that since HB has obtained a variance for a "legally non-conforming commercial building" and since the demonstrated principle use of the premises by HB was that of retail sales and service business, it is our Decision that the ...... use of the premises for retail sales of florist products is a continuation of the non- conforming permitted use of the building for retail sales. THEREFORE, BE IT RESOLVED, that it is the determination of the Town of Wappinger ZBA that the change in use requested by the Applicants is in effect a continuation of the use of the property for retail sales and is a permitted use under the Town of Wappinger Zoning Code. Accordingly, Appeal No. 03-7161 is hereby approved and the decision of the Zoning Administrator dated March 7, 2003 is hereby overruled. The question of the adoption of the foregoing Decision was duly put to a vote on roll call, which resulted as follows: Alan Lehigh, Chairman voting '- Town of Wappinger Page 9 Zoning Board of Appeals Minutes of May 13, 2003 Gerald diPierno, Member voting ........ Douglas Warren, Member voting Howard Prager, Member voting Victor Fanuele, Member voting Dated: May 13,2003 Wappingers Falls, New York Alan Lehigh, Chairman Zoning Board of Appeals, Town of Wappinger ~ Mr. Lehigh: Barbara, will you please take a roll call. Roll Call: Mr. Warren: Mr. diPierno: Mr. Prager: Mr. Fanuele: Mr. Lehigh: Aye. Aye. Aye. Aye. Aye. Mr. Roberts: This will need to be filed with the Town Clerk in the morning. Mr. Lehigh: So now you have your interpretation. Mrs. Hettinger: Thank you Gentlemen. Appeal No. 03-7165 Gieliotti 2-lot Subdivision -Seeking an area variance of Section 240-20 of District Regulations in an R-40 Zoning District. ........ Page 10 Town of Wappinger Zoning Board of Appeals Minutes of May 13,2003 -Where the Town of Wappinger Zoning Code does not permit shared driveways the applicant is seeking a variance to allow for a shared driveway allowing access to Route 376 from both lots The property is located on Route 376 and is identified as Tax Grid No. 6358-01-120950 in the Town of Wappinger. ........ Present: Mr. Warren: Mr. diPiemo: Vote: Mr. Prager: Mr. Roberti: Mr. Gillespie: ........ Michael Gillespie Pat Gigliotti Motion to open the Adjourned Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. Gave an overview to the public We showed the planning board how we wanted to make the 2-lot subdivision driveway come out onto Route 376. They sent us to the Town Board and it didn't go anywhere with them. Now the Planning Board has sent us to you for a shared driveway. One driveway is less costly and there would be fewer disturbances to the land with a shared driveway. Graham Foster is not in favor of this and the Fire Prevention is here tonight. Mr. Pottenburgh: You would have to make it up to Town road specs to cover the 911 Issues. Mr. Gillespie: Mr. Lehigh: Mr. Gillespie: Mr. Fanuele: Mr. Gigliotti: 911 has to post it as a private road. Ifwe have to make it a road we will go back to three individual lots. 911 would have to issue a name for the road so that the fire department would know where to go. Lot one is not proposed on this shared driveway. The maintenance agreement would be with just these two lots. If the roadway for lot one is existing, why is lot one tied in? You actually have two curb cuts out there. Mr. Pottenburgh: We based this on one curb cut. Mr. Gillespie: Mr. Gigliotti: .~ It's wider than the standard entrance. The entrance was put in to accommodate four. Page 11 Town of Wappinger Zoning Board of Appeals Minutes of May 13,2003 .......... Mr. Liebermann: If you have two separate curb cuts then you have no problem. Mr. Drudge: Mr. Lehigh: Mr. Prager: Mr. Gillespie: Mr. Fanuele: Mr. Lehigh: Mr. Prager: .......... Mr. Gillespie: Mr. Prager: Mr. Gillespie: Mr. Lehigh: Mr. Romano: Mr. Gigliotti: ......... Carl Drudge, Top of Hill Road. Why can't they have a shared driveway? Because of the Town Ordinance. Ok, so what are you looking to do? If this is not approved were would the driveway come out? (Shows the board on a map.) It will run along the property line in the same area. Graham's totally against the sharing of driveways. We usually give a variance for property that can't accommodate the zoning law. In this case we already know the driveway could go on to some place else, so there's no reason to give a variance. We do grant variances when the Planning Board asks us to look at something and has a good reason for it. We have three houses now; we have one driveway in also. So all three of these driveways are still coming out onto Route 376, either as three individual or as one large opening with three coming off of them. Am I correct? Yes, you're correct. The Planning Board has done this before. The state is trying to limit access onto State roads where they are allowing a shared entrance and then breaking off into individual driveways. I'm thinking about the water drainage coming down. I would think 16 feet coming down would be better than two twelve feet driveways coming down the hill. Two driveways at 24 feet will be more of a disturbance than 16 feet on one driveway. Plus less traffic. Joseph Romano, Route 376. We don't want to stop development but there is a traffic ditch and why does it stop when it gets to my property? It will continue all the way up through the property as soon as we finish developing it. It will be a lot better. Page 12 Town of Wappinger Zoning Board of Appeals ....... Mrs. Cleary: Mr. Lehigh: Mrs. Lukianoff: Mr. Lehigh: Mr. Prager: Mr. Warren: Vote: Mr. Fanuele: Mr. diPiemo: Roll Call: ....... Minutes of May 13, 2003 Rose Cleary, Top 0 Hill. Laws are put in place for reasons. I'm of the mind that if the DOT already gave them a permit for two driveways, why get a variance. The job of this board is to allow the code to be varied when necessary. At a discussion of the Planning Board on March 17,2003 the Town Engineer said that it would be a good idea for a shared driveway from an environmental stand point. The Town Planner also thought this would be a good idea. Anyone else in the audience? Hearing none. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to deny the variance. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Nay. Appeal No. 03-7166 Carla Romano -Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning District. - Where a rear vard setback of 30 feet is reauired, the applicant is proposing a rear vard setback of 28 feet to allow for a 15 X 30 foot above 2:round pool with an attached open wood deck thus reauestin2: a variance of 2 feet. The property is located on 7 Quarrv Drive and is identified as Tax Grid No. 6258-01- 067547 in the Town of Wappinger. Mr. diPierno: Mr. Warren: Vote: Mrs. Romano: .......... Motion to open the Public Hearing. Second the motion. All present vote aye. I need a variance for my pool because I'm moving and we never got a permit years ago. Page 13 Town of Wappinger Zoning Board of Appeals Mr. Lehigh: '- Mr. diPierno: Mr. Prager: Vote: Mr. Prager: Mr. Fanuele: Roll Call: Minutes of May 13, 2003 We all went out and looked at it and I don't see a problem. Anyone in the audience? Hearing none. Motion to close the Public Hearing. Second the motion. All present vote aye. I make a motion we grant the variance. Second the motion. Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Aye Appeal No. 03-7167 Michael & Susan Tierney -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 20 feet for the installation of a 28 foot above e:round pool, thus reQuestine: a variance of 5 feet. - Where a rear yard setback of 50 feet is reQuired, the applicant is proposing a rear yard setback of 35 feet for the installation of a 28 foot above e:round pool, thus reQuestine: a variance of 15 feet. The property is located on 10 Thompson Terrace and is identified as Tax Grid No. 6256-02-673940 in the Town of Wappinger. ....... Mr. Prager: Mr. Warren: Vote: Mrs. Tierney: Mr. Prager: Mr. Lehigh: Mr. Fanuele: Mr. diPierno: Vote: Mr. Fanuele: Mr. Prager: ......... Motion to open the Public Hearing. Second the motion. All present vote aye. The pool is not up yet but it's the only spot we can put it in. We did a site inspection and we did notice that there really isn't a better spot. Anyone in the audience? Hearing none. Motion to close the Public Hearing. Second the motion. All present voted aye. I make a motion to grant the variance. Second the motion. Page 14 Town of Wappinger Zoning Board of Appeals "'" Roll Call: Minutes of May 13, 2003 Mr. Warren: Mr. diPiemo: Mr. Prager: Mr. Fanuele: Mr. Lehigh: Aye. Aye. Aye. Aye. Aye Appeal No. 03-7168 Salvador Arriae:o. Jr. -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. _ Where a rear vard setback of 40 feet is reQuired, the applicant is proposing a rear vard setback of 15 feet to allow for a 24 foot above e:round pool. thus reQuestine: a variance of 25 feet. The property is located on 17 Marlorville Road and is identified as Tax Grid No. 6157- 01-087730 in the Town of Wappinger. Mr. Fanuele: Mr. diPiemo: Vote: ....... Mr. Arriago: Mr. Fanuele: Mr. Lehigh: Mr. Warren: Mr. diPiemo: Vote: Mr. Prager: Mr. diPiemo: Roll Call: ....... Motion to open the Public Hearing. Second the motion. All Present voted aye. I'm looking to put a pool in the only place that's possible. When we did the site inspection we noticed the rest of the yard was very shady. Any questions? Anyone in the audience? Hearing none. Motion to close the Public Hearing. Second the motion. All present voted aye. I make a motion to grant the variance. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Aye Page 15 Town of Wappinger Zoning Board of Appeals "-"" Discussions: Minutes of May 13,2003 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 l!round pool, thus reQuestinl! 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. Mrs. Cabrera: Mr. Lehigh: Mrs. Cabrera: Mr. Lehigh: ........ Mr. Prager: Mr. diPiemo: Vote: We have a comer lot and this side is mostly trees and the other side is too narrow for a pool. So the rear is really the only place to put it. We have put in a vinyl fence in the rear and a retaining wall. Is the pool there yet and are you planning a deck for it? No it's not up and maybe a deck in the future, not now. We will have a site visit on Saturday at 9:00 am and a Public Hearing on May 28,2003. I make a motion for the ZBA to be lead agency. 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. Nikisher: .'-- The shed was on the side when we bought this house. When we refinanced 2 yrs ago the building dept. gave us the wrong information twice. Then after over $1000.00 that we spent to move it we are now told it's in the wrong place again. From the iron pipe to the swale we are told there is an easement. For me to move it 40 feet, I would be over the swale and it would mean 2 to 3 feet of fill. Town of Wappinger Zoning Board of Appeals Page 16 Minutes of May 13,2003 ~ Mr. Lehigh: We'll have to take a look at this. Mr. Fanuele: I can't give you a variance ifthere is an easement. Mr. Nikisher: We purchased this house in 2000 and the shed was put up in 1991. Mrs. Lukianoff: What was overlooked in the building dept. was that this shed was over 200 sf. If the owner is aware that the shed would have to be moved if the easement is needed, that should be alright. Mr. Nikisher: We spoke with Graham about the swale and he said the basin was already put in and should last quite a few years. Mr. Lehigh: Victor's right, we can't issue a variance for an easement. We can take a look at this and I would like to hear from the Town Attorney, Engineer and Highway Superintendent. If the Town Attorney says no, then it is out of our hands. When we get this information all back we will call you and put you down for a public hearing. ........ Appeal No. 03-7171 Ann Marie Haley -Seeking an area variance of Section 240-37 of District Regulations in an R-40 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 eround 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. Mr. Haley: The pool house has been removed so I need the variance for just the pool. Mr. Fanuele: Does the pool face Chelsea Gardens? Mr. Haley: Yes. Mr. Lehigh: Ok, we'll set your public hearing for May 28, 2003 and we'll put your other project on the 28th also. ~ Town of Wappinger Zoning Board of Appeals Page 17 Minutes of May 13,2003 ~ Mr. diPierno: Mr. Prager: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 9:30 PM Respectfull~Y' ed, \ A' ~tC~( ~/ arbara Roberti, ecretary ... Secretary - Zoning Board of Appeals ~ ........