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2003-03-11 ZONING BOARD OF APPEALS March 11, 2003 ...... Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: March 11, 2003 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappingers Falls, NY Approve Minutes for January 28, 2003. Approve Minutes for February 25, 2003. Discussions: .'-" 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 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 e:araee, thus reQuestine: 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 ~round 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. ......... 1 ZONING BOARD OF APPEALS March 11, 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 Mvers Corners Road and is identified as Tax Grid No. 6157-02-899988 in the Town of Wappinger. ........ ........ 2 Page 1 Town of Wappinger Zoning Board of Appeals Minutes of March 11, 2003 , ',' ;:~: ~-j .". ~.. <. ~ MINUTES Zoning Board of Appeals March 11, 2003 Summarized Minutes Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Others Present: Mr. Lehigh, Mr. Prager, Mr. diPiemo, Mr. Fanuele, Mr. Warren, Chairman V ice-Chairman Member Member Member Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary Discussion: Mr. Fanuele: Mr. Prager: Vote: Mr. Fanuele: Mr. Prager: Vote: SUMMARY Cheryl Hait Gerald Mason Gerald Gilmartin Hettinger/F emwood Public Hearing on April 8th, 2003. Public Hearing on April 8th, 2003. Public Hearing on April 8th, 2003. Discussion on April 8t\ 2003. Motioned to approve Minutes for January 28, 2003. Second the motion. All present voted aye. Motioned to approve Minutes for February 25, 2003. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals Page 2 Minutes of March 11,2003 ~ **** For the record, the Zoning Board of Appeals convened at 7:15 p.m. to 7:35 p.m. for an executive session. 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 ~ara~e, thus requesting 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 l!ara~e, 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: Cheryl Bait Mrs. Bait: I'm moving to a smaller house from a very large house. This new house has no storage, no garage, no attic and only a partial small basement. I would like a garage with a small workshop and an attic above for storage. The house was originally built in the 1880's as a cottage and then it was totally renovated in 1984. The house is only 4.3 feet away from the property line. There are no other houses close by and the lot next door does not have DCBB approval so it's an unbuildable lot. ......... Mr. Prager: Can you come up here and show us on this map where you would be? Mrs. Bait: I'm right here and this is the empty lot. So this will be in here. (Mrs. Bait proceeds to draw the garage onto the map.) Mr. Prager: So this is the 15 feet here. Mrs. Bait: Yes. Mr. Prager: I see a shed here, it looks like it's on your property? Mrs. Bait: Yes, it's a small shed, but I could remove it if it's a problem. Mr. Prager: I think we need a site visit. Mr. Fanuele: Where is the septic? ."-" Town of Wappinger Zoning Board of Appeals Page 3 Minutes of March 11, 2003 ---- Mrs. Hait: In the front yard. Mr. Lehigh: We will come out Saturday morning around 9:00 a.m. Can you stake out the area the garage will occupy? Mrs. Hait: Yes I will. Mr. Prager: I won't be there Saturday, but I will come out either Friday or one day next week. Mr. Lehigh: We'll set the Public Hearing for March 25th, 2003. Mr. Prager: Motion to declare the ZBA lead agency. Mr. Warren: Second the motion. V ote: All present voted 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 requestin~ 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: Gerald Mason Mr. Mason: I would like to build an addition and my architect says that I need to come out a few feet to make it aesthetically pleasing. I have the architectural drawings to show you. Mr. Lehigh: Come up here and let us take a look at them. Mr. Mason brings the drawings to the dais for the ZBA to look at. Mr. Mason: Right now the house is 35 feet from the front line, this would bring it out two feet. Mr. Lehigh: I don't believe we need a site visit on this. Mr. Prager: Motion to declare the ZBA lead agency. ~ Page 4 Town of Wappinger Zoning Board of Appeals ~ Minutes of March 11, 2003 Mr. Warren: Second the motion. V ote: All present voted aye. Mr. Lehigh: We'll set the Public Hearing for March 25,2003. Mr. Prager: Motion to grant a neg. dec. Mr. Warren: Second the motion. Vote: All present voted 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 requestin2 a variance of 9.6 feet. The property is located on 12 Edgehill Drive and is identified as Tax Grid No. 6258-04- 870044 in the Town of Wappinger. ..... Present: Mr. Lehigh: Mr. Gilmartin: Mr. Lehigh: Mr. Gilmartin: Mr. Fanuele: Mr. Gilmartin: Mr. Lehigh: Mr. diPierno: Mr. Warren: Vote: ~ Gerald Gilmartin Is this pool already there? No. It will not be installed until May. May we see your survey? (Yes.) My space is really limited. If you go back it becomes all hill and pine trees. Who owns this over here? It's mine. This is basically the only place the pool will fit. I think we will do a site visit on Saturday at around 9:30 a.m. and we'll set your Public Hearing for March 25,2003. Motion to declare the ZBA lead agency. Second the motion. All present voted aye. Page 5 Town of Wappinger Zoning Board of Appeals ~ Minutes of March 11,2003 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 Mvers Corners Road and is identified as Tax Grid No. 6157-02-899988 in the Town of Wappinger. Present: Mr. Lehigh: ....... Helen Hettinger Rocco Trenkler I have an apology to make to you people. We scheduled you too soon. You needed to have your application in the office by February 25, 2002 to appear tonight. I mistakenly told the secretary to schedule tonight. What I would like to do is schedule ~ou for the 25th of March for your initial presentation and then April 8t for your Public Hearing. It will put you off a couple of more weeks. With all the implications that are in this case, I don't know what else to do. You wouldn't have been put on in had done things right. I didn't even think about it when I called the secretary to schedule you for tonight. I hope this doesn't really cause you a great difficulty. Mrs. Hettinger: Can I give this to you all? So we have to put this off again? Mr. Lehigh: A hand out was presented to all the members. I hate to, but I would like to go by our own rules and regulations but I made a mistake and you have to blame me for that. Mrs. Hettinger: I'm not blaming anyone but this has been a seven-year stint and I don't know how much longer I can hang on. So now it's the 25th of March and we have to wait until the 8th of April for the public hearing. Mr. Roberts: Mr. Lehigh: For the record Barbara, it's a form SSA 1099 Social Security Benefit statement where Helen Hettinger indicates a certain amount of benefits received. I'm sorry again. Mrs. Hettinger: Ok, see you on the 25th of March. Mrs. Pace: ....... My attorney can't be here on the 25th and this was discussed here with the board. Page 6 Town of Wappinger Zoning Board of Appeals ...... Mr. Lehigh: Mrs. Pace: Mr. Lehigh: Mrs. Pace: Mr. Lehigh: Mrs. Pace: Mr. Lehigh: ~ Mrs. Pace: Minutes of March 11, 2003 There's nothing I can do about that. He's going to have to have someone here. This lady is paying the money to come up here. So am 1. We were here a couple of weeks ago. Yes and it was your attorney that asked for the adjournment. No he wasn't. That is mute because that has gone by the board and there is no variance in front of us, this is strictly an interpretation. I don't know what else I can do for you. Weare putting her off tonight because of our rules and regulations and you will have to conform to them also. I did conform. I was here ready to go. This is something entirely new, not the variance. This is an interpretation. So the variance is gone and everything that went with it is also gone. This is an entirely new case and I'm putting her off two weeks and I'm going to tell you right now, you'll have to get your attorney here because we are not making any special ..... I'm not asking for anything special. Mr. diPierno: Motion to adjourn. Mr. Warren: Second the motion. V ote: All present voted aye. Meeting ended at 8: 00 PM '- R&:;;;~iW~ ' Barbara Roberti, Secretary Secretary - Zoning Board of Appeals