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2003-03-25 ZONING BOARD OF APPEALS March 25, 2003 ........ Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: March 25, 2003 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappingers Falls, NY Approve Minutes for March 11, 2003. Approve Site Minutes for March 15, 2003 - Hait Approve Site Minutes for March 15, 2003 - Gilmartin Public Hearines: .... Appeal No. 03-7158 Cheryl Hait -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 for a proposed 20' X 24' detached earaee, thus reauestine a variance of 30 feet. - Where a side yard setback of 20 feet is reauired, the applicant is proposing a side yard setback of 15 feet for a proposed 20' X 24' detached earaee, thus reauestine a variance of 5 feet. The property is located on 15 Hamilton Road and is identified as Tax Grid No. 6057-02- 973912 in the Town of Wappinger. Appeal No. 03-7159 Gerald Mason -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a front yard setback of 35 feet is required, the applicant is proposing a front yard setback of 33 feet for a proposed two-story addition, thus requestine a variance of 2 feet. The property is located on 59 Top 0 Hill Road and is identified as Tax Grid No. 6259- 04-949055 in the Town of Wappinger. Appeal No. 03-7160 Gerald Gilmartin -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 10.4 feet for the installation of an above eround 15 X 30 foot oval pool, thus reauestine a variance of 9.6 feet. ~ 1 ZONING BOARD OF APPEALS March 25, 2003 The property is located on 12 Ed!!ehill Drive and is identified as Tax Grid No. 6258-04- 870044 in the Town of Wappinger. .~ Discussions: Appeal No. 03-7162 Jere & Christine Popow -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 18 feet for the installation of an above ~round 24 foot pool, thus reQuestin~ a variance of 2 feet. The property is located on 6 Barbara Drive and is identified as Tax Grid No. 6158-02- 835813 in the Town of Wappinger. Appeal No. 03-7161 Hettin~er/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. "'" ~ 2 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of March 25, 2003 MINUTES Zoning Board of Appeals March 25, 2003 Summarized Minutes Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Absent: Mr. Lehigh, Mr. diPierno, Mr. Fanuele, Mr. Warren, Chairman Member Member Member Mr. Prager, V ice-Chairman Others Present: Mr. Roberts, Town Attorney Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary Discussion: Mr. Fanuele: Mr. diPierno: Vote: Mr. Fanuele: Mr. diPierno: Vote: SUMMARY Cheryl Hait Gerald Mason Gerald Gilmartin J ere Popow Hettinger/F ernwood Variance Granted. Variance Granted. Variance Granted. Public Hearing on April 8t\ 2003. Public Hearing on April 8th, 2003. Motioned to approve Minutes for March 11,2003. Second the motion. All present voted aye. Motioned to approve Site Minutes for March 15,2003. Second the motion. All present voted aye. Page 2 Town of Wappinger Zoning Board of Appeals ......... Minutes of March 25, 2003 Appeal No. 03-7158 Cheryl Hait -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 for a proposed 20' X 24' detached earaee, thus requestine a variance of 30 feet. - Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 15 feet for a proposed 20' X 24' detached ~araee, thus requestin~ a variance of 5 feet. The property is located on 15 Hamilton Road and is identified as Tax Grid No. 6057- 02-973912 in the Town of Wappinger. Present: Mr. diPierno: Mr. Warren: Vote: 'liIIIor Mrs. Hait: Mr. Lehigh: Mr. Fanuele: Mr. Lehigh: Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mr. Warren: Vote: ........ Cheryl Hait Motion to open the Public Hearing. Second the motion. All present voted aye. I am requesting two variances for a 20 X 24 foot detached garage with storage. I do need some storage because the house I am moving into is quite small and has no storage. We went out and looked at this and the existing house is very close to the property line and it pre-dates zoning on an irregular lot. Where she is putting the garage, it blends in with the house with that area. The house is close to the property line too, so with that 1'11 make a motion to grant the variance. First let me see if there is anyone in the audience who would like to speak on this application? Hearing none. Motion to declare a neg. dec. Second the motion. All present voted aye. Motion to close the Public Hearing. Second the motion. All present voted aye. Page 3 Town of Wappinger Zoning Board of Appeals """ Mr. Fanuele: Mr. Warren: Roll Call: Minutes of March 25, 2003 Motion to grant the two variances. Second the motion. Mr. Warren: Mr. diPiemo: Mr. Fanuele: Mr. Lehigh: Aye. Aye. Aye. Aye. Appeal No. 03-7159 Gerald Mason -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a front yard setback of 35 feet is required, the applicant is proposing a front yard setback of 33 feet for a proposed two-story addition, thus requestin2: a variance of 2 feet. The property is located on 59 Top 0 Hill Road and is identified as Tax Grid No. 6259- 04-949055 in the Town of Wappinger. Present: ~ Mr. diPierno: Mr. Warren: Vote: Mr. Mason: Mr. Lehigh: Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Fanuele: ."-ro. Gerald Mason Motion to open the Public Hearing. Second the motion. All present voted aye. I am requesting a variance to build an addition with a bump out in the front and after speaking with an architect it seems that if it doesn't jut out a little bit then it won't look right. It fits much better with the character ofthe neighborhood if it comes out a few feet. We did not do a site visit on this application. Does anyone have any questions on the board? Does the audience? Hearing none. Motion to grant a Neg. Dec. Second the motion. All present voted aye. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the variance, it won't be detrimental to the neighboring property and the request is minimal. Second the motion. Page 4 Town of Wappinger Zoning Board of Appeals ....... Roll Call: Minutes of March 25,2003 Mr. Warren: Mr. diPiemo: Mr. Fanuele: Mr. Lehigh: Aye. Aye. Aye. Aye. Appeal No. 03-7160 Gerald Gilmartin -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 10.4 feet for the installation of an above eround 15 X 30-foot oval pool, thus requestine a variance of 9.6 feet. The property is located on 12 Edeehill Drive and is identified as Tax Grid No. 6258-04- 870044 in the Town of Wappinger. Present: ....... Mr. diPierno: Mr. Warren: Vote: Mr. Gilmartin: Mr. Lehigh: Mr. Roberts: Mr. Lehigh: Mr. Huang: Mr. Lehigh: Mr. diPierno: Mr. Warren: ...... Gerald Gilmartin Motion to open the Public Hearing. Second the motion. All present voted aye. I am Gerald Gilmartin of 12 Edgehill Drive. I am attempting to put in a 15 X 30-foot pool in my backyard. I have very limited space and the only place it fits is near the property line so that it doesn't over power the rest of the back yard. Any questions from the board? (No.) Anyone in the audience have any questions? Hearing none. How much of a variance is being requested? 9.6 feet. In view of the property and due to the hill in the back there is really no other place to put it on the property. Mr. Suo-Iun Haung, 10 Edgehill Drive. How far away from the property line from my land and is it an above ground pool? Its 10 feet away and it is an above ground pool. Motion to declare a Neg. Dec. Second the motion. Page 5 Town of Wappinger Zoning Board of Appeals Vote: ....... Mr. diPierno: Mr. Fanuele: Vote: Mr. Fanuele: Mr. diPiemo: Roll Call: Minutes of March 25,2003 All present voted aye. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the variance. Second the motion. Mr. Warren: Mr. diPiemo: Mr. Fanuele: Mr. Lehigh: Aye. Aye. Aye. Aye. Appeal No. 03-7162 Jere & Christine Popow -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 18 feet for the installation of an above ~round 24 foot pool, thus requestine a variance of 2 feet. The property is located on 6 Barbara Drive and is identified as Tax Grid No. 6158-02- 835813 in the Town of Wappinger. ...... Present: Mr. Popow: Mr. Lehigh: Mr. Popow: Mr. Lehigh: Mr. Popow: ........ J ere Popow My name is Jere Popow and I live at 6 Barbara Drive. We are asking for a 2-foot leeway in order to install a pool. It just makes it more aesthetically pleasing and it is the best place to get the sun during the day. Any questions from the board? Are you putting in a deck around it? Not at this time, but maybe in the future. We will do a site visit on Saturday, March 29th at 9:00 a.m. Please stake this out so we can see your property line and where the pool will be. We will set your public hearing for the 8th of April. Thank you. Town of Wappinger Zoning Board of Appeals "- Page 6 Minutes of March 25,2003 Appeal No. 03-7161 Hettinger/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. Present: Mr. Lehigh: Helen Hettinger Rocco Trenkler Mrs. Hettinger, are you represented by an attorney? Mrs. Hettinger: No. I am asking for a change of occupancy permit. I have been trying for this for seven years and it has come to the point where I have to do something. ~ Mr. Lehigh: So you are requesting an interpretation to allow you to go from copy center to floral? Mrs. Hettinger: Yes. Mr. Lehigh: Mr. Roberts: Mr. Lehigh: Mr. Cantor: Mr. Lehigh: Mr. Warren: Mr. diPierno: Vote: '-- Does anybody have any questions? They're both retail businesses. Are you going to schedule the public hearing for the 8th of April? Yes but I'm going to let anybody in the audience speak a word if they want to. I will open this up to the audience for just a couple of minutes, if its going to be a long statement I would wish that you wait for the public hearing, if you have something that is short and quick for tonight? We can wait for the Public Hearing, thank you. Ok. We know the property so there is no need for an inspection. Motion to declare the ZBA lead agency. Second the motion. All present voted aye. "- Town of Wappinger Page 7 Zoning Board of Appeals Minutes of March 25, 2003 Mr. Lehigh: We will set the public hearing for April 8th, 2003. See the young lady and get those out. Mrs. Hettinger: Thank you. Mr. Fanuele: Motion to adjourn. Mr. diPiemo: Second the motion. V ote: All present voted aye. Meeting ended at 8:00 PM Re~>ftfullfU~15f... ' .. r '~/?Uo . ~L 6) l.r-BaFt?;a Roberti, cretary Secretary - Zoning Board of Appeals ~ ........