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2003-04-22 ZONING BOARD OF APPEALS April 22nd, 2003 "-- Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: April 22, 2003 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappingers Falls, NY Approve Minutes for AprilSth, 2003. Approve Site Minutes for April 12, 2003 - Haley. Approve Site Minutes for April 12, 2003 - Cole. 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 Mvers Corners Road and is identified as Tax Grid No. 6157-02-899988 in the Town of Wappinger. ~ Public Hearin2s: Appeal No. 03-7163 Ann Marie Halev -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 10 feet for the construction of a two-car 2ara2e and addition, thus reQUestin2 a variance of 10 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. 03-7164 William H. Cole -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. _ Where a side yard setback of 25 feet is required, the applicant is proposing a side yard setback of 16 feet for the construction of a shed, thus reQUestin2 a variance of 9 feet. The property is located on 6 Martin Drive and is identified as Tax Grid No. 6258-02- 951969 in the Town of Wappinger. ....... 1 ZONING BOARD OF APPEALS April 22nd, 2003 ....... Discussions: Appeal No. 03-7165 Gie:liotti 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 e:round pool with an attached open wood deck thus reQuestine: 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. "-" 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. 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 yard setback of 40 feet is reQuired, the applicant is proposing a rear yard setback of 22 feet to allow for a 24 foot above e:round pool. thus reQuestine: a variance of 18 feet. The property is located on 17 Marlorville Road and is identified as Tax Grid No. 6157- 01-087730 in the Town of Wappinger. '-" 2 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of April 22, 2003 MINUTES !I.;-i !J\l UTES j!.~:=-;:":';=10\/2) I ", ~, ....... ..i'.- ) ....J~ Town of Wappinger Zoning Board of Appeals April 22, 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 Discussion: Hettinger/Fernwood Adjourned Public Hearing on May 13,2003. Ann Marie Haley Adjourned Public Hearing on May 28, 2003. William H. Cole Withdrew application. Gigliotti 2-Lot Public Hearing on May 13, 2003. Carla Romano Public Hearing on May 13, 2003. Michael Tierney Public Hearing on May 13,2003. Salvador Arriago, Jr. Public Hearing on May 13,2003. Page 2 Town of Wappinger Zoning Board of Appeals ........ Mr. Fanuele: Mr. diPierno: Vote: Mr. Fanuele: Mr. diPierno: Vote: Minutes of April 22, 2003 Motioned to approve Minutes for April 8, 2003. Second the motion. All present voted aye. Motioned to approve Site Minutes for April 12, 2003. Second the motion. All present voted aye. Appeal No. 03-7161 Hettin2er/Fernwood Floral -Seeking an Interpretation following the determination ofthe 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. Adams: ........ J on Adams Helen Hettinger Rocco Trenkler Richard Cantor Motion to open the adjourned Public Hearing. Second the motion. All present voted aye. We adjourned this public hearing for the purpose of having Helen Hettinger search her records for certain permits she alluded to. She did locate those and I did provide those to Mr. Cantor and I note that duplicate permits were supplied to myself and Mr. Cantor by the Town both by Mr. Roberts and Tania. I would like to note that one of those documents is highly germane to the deliberation to the board which is the October 29, 1971 CO. Does the board have copies of these? (Yes.) That is a significant document since Mrs. Hettinger testified when she appeared before you several weeks ago, that she did in fact obtain a permit when she changed the use from the restaurant to the current commercial building. That document is interesting because it simply states that it is for a commercial building and that is our whole argument. Mr. Roberts circulated a letter dated April 17, 2003 and for one reason or another, I don't have a copy but will get one tomorrow. Mr. Cantor has provided Page 3 Town of Wappinger Zoning Board of Appeals --- Mr. Lehigh: Mr. Adams: Mr. Lehigh: Mr. Cantor: -... '-' Minutes of April 22, 2003 me with his response to that letter and I would like a brief opportunity to respond to that letter. We really just got these letters tonight and we really haven't read them and studied them as of yet. I think with the material that we got tonight that we will close the public hearing and then give you a decision within 60 days. Then we can go over the rest of the material but first I want to hear from Mr. Cantor. We just got the minutes tonight so we really have gotten a lot of material tonight in a very short time to go over and then to make an adequate decision. I will go through the letters that we have, so if anyone has a question or does not have a copy of it we can make those available. If you have anything you want to add, that would be the time to add it. I will need some additional time since like I said I can't respond tonight to something I haven't seen. Right. So I will put them in the record for everybody, but I'm not going to read every letter but 1'11 give the dates and so forth. I would like to note just for your minutes that I did provide you with a transcript this evening. I'm sorry it took so long but as you can see it was signed by the stenographer just yesterday and it was delivered to my office after 5 :00 pm. I would also like to make comment about the October 29, 1971 CO. On its face the certificate does not identify the conforming use. At the last meeting Mrs. Hettinger testified that there was a use for a restaurant and she testified that she and her husband changed this use to office supplies and office equipment. This CO makes no reference to either the restaurant or the office business. It merely refers to a non-conforming commercial building. In addition, in the same packet of materials there is a piece of a notice of appeals for 1971 to the ZBA from Robert Hettinger, but it is impossible to tell from this material supplied the nature of the variance. Was it an area variance, which I think it was, apparently there was some physical alteration to the building. But we don't know whether it was an area or use variance to change the use from one non-conforming use to another. Its particularly upsetting because these materials were sent to you by the Zoning Administrator on April 11, 2003 and she didn't choose to send them to Mr. Adams or me until today, so I didn't have a chance to look at the minutes from back in 1971 to understand the nature of the variance. I will supply you with authority after this evening for the proposition that the property owner doesn't obtain any vested rights from a municipal error and if this 1971 CO was issued in error Page 4 Town of Wappinger Zoning Board of Appeals ......... Mr. Lehigh: Mr. Cantor: Mr. Lehigh: Mr. Fanuele: '-" Mr. Cantor: Mr. Fanuele: Mr. Cantor: Mr. Adams: Mr. Lehigh: Mr. Roberts: .""",. Minutes of April 22, 2003 then no rights flow from this. But from what was supplied it is impossible to know. So I will ask that you hold this Public Hearing open. I quickly sent a letter out to the Zoning Administrator this afternoon asking her for a copy of the minutes from 1971. I would ask that you hold the public hearing open so that we may find out what variance was granted in 1971. This doesn't tell us if this was for the chicken business or for the H.B. Office business and until we know that we won't know if Mrs. Hettinger validly received approval to change the non-conforming use. The reason that is important is all of the current issues aside if the 1971 office business was placed on the property illegally there is no non-conforming use. Then they don't have to worry about whether a florist is a change because there is no non-conforming use from which to change. When I read that I assumed it went from the chicken business to the office business. I remember the chicken business being in there in 1966 so I assumed that variance went from the restaurant to office. But we can't tell from the documents. It is hard to tell. Isn't there a time period were they have to contest a decision, like an article 78, don't you have 62 days to contest our decision? This one is over 30 years. I'm not suggesting that I want to contest the ZBA decision of 1971. I'm suggesting that none of us know what that decision was. With my mind I could look either for an interpretation between a florist and H. B. or a florist and a chicken business. I could interpret before H.B., if she got that illegal then it was a chicken business as the last business there and can I compare florist to a chicken business? No. Because that would be an inappropriate comparison because you have a two year lapse in your code and since there hasn't been a chicken business for over thirty years according to Mrs. Hettinger, the chicken business is long gone. I would be happy to have Mrs. Hettinger testify again. I think that would be well served because I don't know if those files will ever be found. Swore Helen Hettinger in again. Page 5 Town of Wappinger Zoning Board of Appeals ~ Mr. Adams: Mrs. Hettinger: Mr. Adams: Mrs. Hettinger: Mr. Adams: Mrs. Hettinger: Mr. Adams: --.. Mr. Pace: Mr. Cantor: Mrs. Hettinger: .......... Minutes of April 22, 2003 Helen were you present at a meeting in the Town of Wappinger in October 1971? Yes. Were you present and what was the reason for the meeting? Yes and basically for the same reasons we are going through this now. Because neighbors didn't want the chicken restaurant to go to H.B. at the time. Was a hearing held between either a Planning Board or a Zoning Board? Yes. A believe the Zoning Board of Appeals. I also remember two people being there who were against it, Mr. Pace, his client and Jonah Sherman. When I asked Jonah why he was against it, his reply was that he couldn't eat typewriters. Those are the two people I remember being here and H.B. was ok'd. I have no further questions. Someone from the back yelled out that Sal Pace was in the audience and she wanted to know if the board wanted to ask him directly ifhe was present. (At this time Mr. Pace came forward and was sworn in by Mr. Roberts.) I was not present at that meeting, we were never notified by the board of this non-conformance, we were quite surprised after we went in. We were told by the town at the time that the business was not going to open up when we moved in. So I don't understand how Mrs. Hettinger swears I was at that meeting, because I was not. We were not notified of that ZBA meeting. Not with standing Mrs. Hettinger's testimony. None of here know what is was that the ZBA decided in 1971 because none of us here have a copy of their decision and Mrs. Hettinger did not tell you what was the decision of the ZBA. She didn't even tell you what she applied for. We came because we were trying to change Normandy Farm to HB Office. It was changed and it is legal. Page 6 Town of Wappinger Zoning Board of Appeals Mr. Lehigh: ......... Mr. Roberts: Mr. Lehigh: Mr. Cantor: Mr. Lehigh: March 7, 2003 March 7, 2003 March 11,2003 March 14,2003 March 7, 2003 ~ April 3, 2003 March 10, 2003 March 31, 2003 March 10, 2003 April 8, 2003 April 11, 2003 April 22, 2003 April 22, 2003 April 17, 2003 April 7, 1992 Mr. Adams: ........ Minutes of April 22, 2003 Rather than adjourn I will give you two weeks to get any further information. I would like to give a decision on May 13. You're going to adjourn it to May 13 but you want their information within two weeks. But you're not guaranteeing a decision. No, but this gives them two weeks to get it in. That also gives us some time to go over the material and make a decision. I would respectfully request that you ask Mrs. Lukianoffto provide the minutes within the two weeks since she is the keeper of the records for the zoning board. Alright we will ask her if she can find those minutes. Now before we adjourn this I would like to go through the evidence and everyone should listen and copy down what the list is. Mr. Adams letter. Zoning Board of Appeals Mr. Roberts Office Mr. Roberts Office Zoning Administrator Interpretation Appeal Mr. Roberts Office Mr. Cantor's Office Mr. Cantor's Office Mr. Cantor's Office Mr. Cantor's Office Mr. Cantor's Office Mr. Cantor's Office Mr. Cantor's Office Mr. Roberts Office Building Inspector Income Tax Forms Telephone Statements NYS Sales Tax Insurance Statement Bills from business Certificate of Occupancy Variance Deed Mr. Chairman, do you have one deed or several deeds. I think I handed up several deeds at the last meeting? Page 7 Town of Wappinger Zoning Board of Appeals Mr. Lehigh: ....... Mr. Warren: Mr. Prager: Vote: Minutes of April 22, 2003 There are all stapled together in that package. So that is the record of information on this case. If you need anything let us know. May I have a motion to adjourn? Motion to adjourn to May 13, 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 e:arae:e 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. Present: ."..... Mr. Warren: Mr. diPiemo: Vote: Mr. Haley: Mr. Lehigh; Mr. Haley: Mr. Fanuele: Mr. Haley: Mr. Prager: ~ Brian Haley Motion to open the Public Hearing. Second the motion. All present voted aye. I'm looking for an actual 9 foot variance for my rear yard setback for a two car garage. Let me change that right now. So basically you are tearing that old garage down and putting up a new one? Yes. Right now the garage is separate and I want to link it to the house. Who lives next door to you? The Chelsea Ridge Apartments. There's a moat and a stream and wetlands between us. You have a pool and a pool house on the end of your property. How close are you to the property line? It looks closer than 20 feet. Page 8 Town of Wappinger Zoning Board of Appeals ....... Mr. Haley: Mr. Prager: Mr. Haley: Mr. Prager: Mr. Haley: Mr. Lehigh: Mr. Prager: Mr. Warren: Vote: '-'" Minutes of April 22, 2003 It's not permanent. It can be moved, it just covers the pump. It's close. Do you have a variance for that? No. You still need a permit for it. When was the pool put in? In 1966. You need to make the pool and the pool house legal. They constitute a violation. We can't approve this variance until the violations are fixed. We will adjourn this until you straighten this out. Motion to adjourn to May 28, 2003. Second the motion. All present voted aye. Appeal No. 03-7164 William H. Cole -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a side yard setback of 25 feet is required, the applicant is proposing a side yard setback of 16 feet for the construction of a shed, thus reQuestinl! a variance of 9 feet. The property is located on 6 Martin Drive and is identified as Tax Grid No. 6258-02- 951969 in the Town of Wappinger. Present: Mr. Warren; Mr. Prager: Vote: Mr. Cole: ........, William H. Cole Motion to open the Public Hearing. Second the motion. All present voted aye. I have an existing shed that is 16 feet off the property line. I had my property staked out last fall. I need 25 feet but I have a gas line between the shed and the house. I could do plantings or trees between my neighbors if that helps. I understand now that ifmy shed had been 2 foot narrower I would have been alright. Page 9 Town of Wappinger Zoning Board of Appeals "- Mr. diPierno: Mr. Cole: Mr. Fanuele: Mr. Cole: Mr. Fanuele: Mr. Cole: Mr. Lehigh: Mr. Fanuele: ...... Mr. Cole: Mr. Prager: Mr. Cole: Mr. Prager: Mr. Cole: Mr. Lehigh: '-' Minutes of April 22, 2003 What is stored in the shed? Toys for me and for my kids, tools for my construction business, etc. I have motorcycles, quads, etc. What do you use the trailer for? Four snowmobiles go on that but that is not there in the summer, it's off the property then. Is that fence behind your house, is that yours or your neighbors? That's mine and the property goes beyond that another 10 feet. If the trailer is out of there that might help too. Your close with the shed and then the trailer makes you even closer to the property line. Originally I built that platform to have the shed over there. I really don't know how much of a variance to grant since your not sure of the property line. It's going to have to be some amount of a variance. I paid in the fall to have my property staked down that line that I believe to be right. The stakes are in the ground right now. I called the same people to corne out and restake the line. There are eight stakes with pink flags and my neighbor feels it's a 2 to 3 feet difference. We need a starting point to go by. The shed is 20 X 12 feet. They said ifthe shed was 20 X 10, I would only have needed 10 feet side yard. You could move this to the back of your property and away from the line. When did you buy this? There's a four foot wall behind it that it would have to go over and I bought it in the Spring of 2002. Now I will open this to the public. Page 10 Town of Wappinger Zoning Board of Appeals ........ Mr. Payerle: Mr. Lehigh: Mr. Payerle: Mr. Lehigh: Mr. Prager: Mr. Cole: ...... Mr. Fanuele: Mr. Payerle: Mr. Lehigh: Mr. Payerle: Mr. Warren: Mr. Payerle: ........ Minutes of April 22, 2003 Norman Payerle, I am the adjacent owner. I am on the right side of his property near the shed. My understanding was that the property line was along the sewer pipe that has a catch basin in the front and in the rear. His surveyor although he put stakes in, he did not put any identification of his on them. I spoke to the surveyor and he would not be cooperative. Do you have a survey of your property? Yes of my property, where the line is and measurements to my house. At this time he brought the copy up to the dais for discussion with the board. I could not make out clearly the conversation that took place. You can't build on that easement. I would like a copy of this survey. I called about the easement and was told a fence or a wall, etc. could go on it as long as it was not permanent. The shed cannot go on the easement. The shed is really not on the easement, it's the extension of the shed. The trailer is on the easement. The shed is close to the easement and if they have to come in to dig up that easement, it is going to be close. You have the trees on one side and you're certainly not going to move the trees. You would have to move that shed out of there. I have a presentation made regarding his variance application. (Mr. Payerle proceeded to go over a variance application answering each question from his perspective.) (Mr. Payerle also showed the board many pictures of the different vehicles that Mr. Cole keeps on his property and also the different views of the property from his.) Did you ever take a picture of your next door neighbors shed? No. Page 11 Town of Wappinger Zoning Board of Appeals ........ Mr. Lehigh: Mr. Prager: Mr. Payerle: Mr. Prager: Mr. Fanuele: Mr. Cole: Mr. Prager: Mr. Lehigh: Mr. Payerle: ........ Minutes of April 22, 2003 I paced between the shed and the house and found it to be around 10 feet there. The shed could be moved back and over and still be able to drive into it and you wouldn't need the variance. I personally feel that would be the best for both of you. So you're saying the appearance isn't going to change? No, I'm saying it would than be legal. I still think we have to agree on a property line before we do anything. Yes, if I'm going to move it back and over I still need to know from where. I believe Mr. Cole's survey is correct. This shows it as the same property line; it's just about V2 feet off that pole and this shows the same thing. I would go by the site plan than. Can't you limit the size of the shed? Mr. Lehigh: As long as the shed is the right size and it is allowed within the Town of Wappinger, I have no way oflimiting the size or changing it. Mr. diPiemo: Your shed is really too big. Mrs. Lukianoff: Accessory structures can be over 200 sf, like a detached garage. It just has to meet higher standards. Mr. Lehigh: You should move it Mr. Cole: What if! cut 4 feet offthe back, then I wouldn't need a variance for it. Mr. Lehigh: Why don't you drop it behind the house and over a few feet? Mrs. Lukianoff: The limit between the house and the shed is about 5 feet. Mr. Fanuele: What do you store in that shed? Mr. Cole: Tools, toys and vehicles. ........ Page 12 Town of Wappinger Zoning Board of Appeals Mr. Fanuele: ~ Minutes of April 22, 2003 Do you bring construction material home? Mr. Cole: Not really, just left over material from one job to another. Mrs. Lukianoff: You need a SUP from the Planning Board ifthere are more than several vehicles on the property. Mr. Cole: The boat sold, so there's only one trailer and we alternate the other two trailers one for the other seasonally. Mr. Lehigh: I don't want to keep going back and forth on this. Mr. Fanuele: Ifhe moves the shed he doesn't need the variance. Then he's done. Mr. Cole: If the variance is denied, I will have to move it. I would like to think about my options. I may want to cut 40 sf off the back and make it another shed for somewhere else. Mr. Lehigh: I really don't think that's the way to solve this problem. Slide it back, I think that is better. Put a little fill in. Mr. Cole: I like that the best. "'-' Mr. Lehigh: Mr. Cole: Mrs. Lukianoff: Mr. Prager: Mr. Lehigh: Mr. Cole: Mr. Warren: Mr. diPierno: Vote: You can withdraw your variance or we can vote on it. I'll withdraw it. Since the variance has been withdrawn the building permit needs to be amended. A time limit should be put on the time allowed to move it. We'll give you 2 months to have it moved. Ok, fine. Motion to close the Public Hearing. Second the motion. All present voted aye. Appeal No. 03-7165 Gh!Jiotti 2-1ot Subdivision -Seeking an area variance of Section 240-20 of District Regulations in an R-40 Zoning District. "'-' Page 13 Town of Wappinger Zoning Board of Appeals Minutes of April 22, 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. Gillespie: Mr. Lehigh: Mr. Gillespie: '-' Mr. Fanuele: Mr. Gillespie: Mr. Warren: Mr. Gillespie: Mr. Gigliotti: Mr. Lehigh: Mr. Fanuele: Mr. Gillespie: ~ Michael Gillespie The applicant is involved in a subdivision and lot line realignment before the Planning Board. Weare looking to subdivide lot 2 into lot 2A and lot 2B coming out onto Route 376. The Planning Board felt that this would be a good place for a shared driveway which would be 1500 to 2000 feet long. This would minimize the disturbance to the lots. The DOT is also in favor ofthis. Although I must tell you that the DOT would not allow this back in 1996 but has since loosened up and now will allow this third driveway. I would like the Fire Prevention Bureau and Graham to look at this and let us know what they think. This might be better from a fire prevention stand point. This way we may be able to make these driveways a little bit wider rather than the standard IOta 12 feet wide driveways. If you don't get the common driveway where would it be? I'll show you on the map. This is a test case and you may begin to see a few more of these in the future. What would the width be? 16 feet with 2 foot shoulders. If! make it a single driveway it will be 12 feet wide but if! make it a shared driveway it would be 16 feet wide. We would like to come out Saturday and take a look at it. Also present this to the Fire Prevention Bureau and to Graham for their comments. This will need a legal document for easements. Yes, that will be done with the planning board. Town of Wappinger Zoning Board of Appeals Mr. Lehigh: ........ Mr. Gillespie: Page 14 Minutes of April 22, 2003 We will come out on Saturday and we will set your public hearing for May 13, 2003. Thank you. 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 2:round 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. Present: Mrs. Romano: Mr. Lehigh: ........ Mrs. Romano: Mrs. Palm: Mr. Lehigh: Mr. Prager: Mr. Warren: Vote: Carla Romano I need a variance because I am selling my house. The pool was already there when I bought it 15 years ago. Since it is already there we will go out and look at it on Saturday. Can you move it? Why should I move it, its fine where it is? Georgette Palm, neighbor and Mrs. Romano's Real Estate agent. The way the pool is set because her land slopes up makes where it is the only place it can really go. We'll look at it Saturday and we will set a Public Hearing for May 13, 2003. Motion for the ZBA to be lead agency. Second the motion. All present voted 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. ~ Town of Wappinger Zoning Board of Appeals Page 15 Minutes of April 22, 2003 '-'" - 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 2round pool, thus reQuestin2 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 2round pool, thus reQuestin2 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. Present: Michael Tierney Mr. Tierney: We choose this spot because there is no place else to put it. Directly behind the house is my septic and there is an addition also on the house that is not on the survey and the side is sloped. Mr. Lehigh: Come up and show us on this survey map. Mr. Tierney: The electric is up to code and this shed has been removed. Mr. Lehigh: We will come out Saturday for a site visit and we will set your Public Hearing for May 13,2003. Please have this staked out for us. Mr. Tierney: I will take care of that. ........ Mr. diPierno: Mr. Warren: Vote: Motion for the ZBA to be lead agency. Second the motion. All present voted aye. Mr. Tierney: Thank you. Appeal 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 required, the applicant is proposing a rear yard setback of 15 feet to allow for a 24 foot above 2round pool. thus reQUestin2 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. Present: Salvador Arriago, Jr. Mr. Lehigh: Why can't you put the shed in legally? ~ Town of Wappinger Zoning Board of Appeals Mr. Arriago: ......... Mr. Lehigh: Mr. Prager: Mr. Warren; Vote: Mr. Arriago: Mr. Prager: Mr. Lehigh: Mr. Prager: Mr. Lehigh: ......... Mr. Fanuele: Mr. Lehigh: Mr. Prager: Mr. diPiemo: Vote: Page 16 Minutes of April 22, 2003 It's an odd shaped property. The pool was a gift to us and there is a shed there with a cement foundation and the property slopes up 4 feet in grade. Also to the right is my septic and my fields. We will also take a look at your property on Saturday and set your Public Hearing for May 13,2003. Motion for the ZBA to be lead agency. Second the motion. All present voted aye. Thank you. I received some paperwork on Jeff Hunt's piece. Al Roberts says that he wants to have a site visit on this. What about Gasland? The Supervisor told Al to appeal it. Ifwe don't appeal it does it come back to us? Yes. Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 9:30 PM ......... Respect,ful.lY SUbm. itt6d,--.~ '. ,#adau~ '{~ Barbara Roberti, Secretary Secretary - Zoning Board of Appeals