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2003-02-25 ZONING BOARD OF APPEALS February 25,2003 '-' Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: February 25,2003 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappingers Falls, NY Approve Site Minutes for February 15, 2003. Approve Minutes for January 22, 2003. Approve Minutes for February 11, 2003. Adiourned Public Hearina: Appeal No. 00-7071 Fernwood Floral Garden Style Inc./R.B. Hettineer. Inc. Seeking a use variance of Section 240-37 of District Regulations and 240-16 (C) (3) Article IV Application of Regulations, Nonconforming use of a building. The property located at 51 Mvers Corners Road. is identified as Tax Grid No. 6157-02- 899988 located in the Town of Wappinger. Public Hearina: ........ Appeal No. 02-7157 Richard Colabelli -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 8 feet for an existine pool, thus requestine a variance of 22 feet. _ Where a side yard setback of 15 feet is required, the applicant is proposing a side yard setback of 8 feet for an existine pool, thus reauestine a variance of 7 feet. The property is located on 40 Helen Drive and is identified as Tax Grid No. 6158-02- 756847 in the Town of Wappinger. Discussions: Appeal No. 02-7156 Jeff Hunt -Seeking an area variance ofChapter133-16(a) of the Code of the Town of Wappinger. The code requires that any Residential Structure in a AE flood zone have the lowest floor elevated to or above the Base Flood Level. The applicant's basement is at 260.7 feet, where it should have been placed at the flood level of 264 feet elevation. The property is located on 1061 Route 376 and is identified as Tax Grid No. 6358-03- 414490 in the Town of Wappinger. ......... 1 Town of Wappinger Zoning Board of Appeals Zoning Board of Appeals February 25, 2003 Summarized Minutes Members Present: Mr. Prager, Mr. diPierno, Mr. Fanuele, Mr. Warren, Members Absent: Page 1 MINUTES Vice-Chairman Member Member Member Mr. Lehigh, Chairman Others Present: Minutes of February 25, 2003 Town of Wappinger T own Hall 20 Middlebush Road Wappinger Falls, NY it'iri\IUTC:S ,~.,) ~ ~~i~)VECI c c, ?OO'. ;; ..L.._ _,a ~j Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary SUMMARY Adjourned Public Hearing: Hettinger/F ernwood Public Hearings: Richard Colabelli Discussion: Jeff Hunt , Adjourned to AprilSth, 2003. Granted Variances for rear & side with a condition. We will advise him of new date after review by Jay Paggi is received. Page 2 Town of Wappinger Zoning Board of Appeals ~ Mr. Fanuele: Mr. Warren: Vote: Mr. Fanuele: Mr. Warren: Vote: Mr. Fanuele: Mr. Warren: Vote: Minutes of February 25,2003 Motioned to approve Minutes for January 22, 2003. Second the motion. All present voted aye. Motioned to approve Minutes for February 11,2003. Second the motion. All present voted aye. Motioned to approve Site Minutes for February 15, 2003. Second the motion. All present voted aye. Apoeal No. 00-7071 Fernwood Floral Garden Style Inc./R.B. Hettin2er. Inc. Seeking a use variance of Section 240-37 of District Regulations and 240-16 (C) (3) Article IV Application of Regulations, Nonconforming use of a building. The property located at 51 Myers Corners Road. is identified as Tax Grid No. 6157-02- 899988 located in the Town of Wappinger. ~ Mr. diPierno: Mr. Warren: Vote: Mr. Prager: Mr. Cantor: Mr. Prager: Mr. Cantor: Mr. Prager: ."-" Motion to open the Adjourned Public Hearing. Second the motion. All present voted aye. I received a call from Mr. Roberts this afternoon that he had gotten a fax from Mr. Adams requesting an adjournment for this evening. He said that you had also been notified? That's not correct. I did speak to Mr. Adams this morning and he said that this was going to go ahead this evening. This has been put over now for 2 Yz months and this is a burden for Mrs. Pace and her family. There needs to be some procedure to bring this to... 1'd like to go along with the adjournment tonight because Mr. Adams is not here. I can't be here in March. How's April 8th, 2003? Town of Wappinger Zoning Board of Appeals Page 3 Minutes of February 25, 2003 Mr. Cantor: That's fine. ........ Mr. Prager: Ok, we'll put this on April 8th, 2003 agenda. Mr. Fanuele: Mr. diPierno: Vote: I'll speak to Mr. Adams in the morning. Motion to adjourn to April 8th, 2003. Second the motion. All present voted aye. Mr. Cantor: Apoeal No. 02-7157 Richard Colabelli -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 required, the applicant is proposing a rear yard setback of 8 feet for an existin~ 0001, thus reauestin1! a variance of 22 feet. _ Where a side vard setback of 15 feet is required, the applicant is proposing a side yard setback of 8 feet for an existin1! pool, thus requestin~ a variance of 7 feet. The property is located on 40 Helen Drive and is identified as Tax Grid No. 6158-02- 756847 in the Town of Wappinger. ....... Present: Mr. Colabelli Mr. diPierno: Motion to open the Public Hearing. Mr. Warren: Second the motion. Vote: All present voted aye. Mr. Colabelli: I purchased this pool from Sam's Club last year. I installed it in the rear of the house. The septic tank is right in front of the pool and the leech fields are in the back of it. I'm trying to re-finance and it is contingent upon my receiving a variance on this pool. I will put the electric in this summer. Mr. Prager: Vic and I went out and we understand why you put the pool where you did. Mr. Fanuele: Who owns the fence? Mr. Colabelli: My neighbors in the yellow house. Mr. Fanuele: whose evergreens are they? Mr. Colabelli: They belong to me. ......... Town of Wappinger Zoning Board of Appeals Page 4 Minutes of February 25, 2003 "'-" Mr. Fanuele: I would like to see some bushes put in the rear to help screen your pool from your neighbor. Mr. Colabelli: That's fine. Mr. Wonkowski: JeffWonkowski, 19 Cindy Lane. I have no objection to the pool that's there. Mr. diPierno: Motion to grant a neg. dec. Mr. Warren: Second the motion. V ote: All present voted aye. Mr. diPierno: Motion to close the Public Hearing. Mr. Warren: Second the motion. V ote: All present voted aye. Mr. diPiemo: Roll Call: Motion to grant the variance with the condition that the applicant put in a few bushes in the rear. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. Mr. Fanuele: ~ Mr. Prager: Your variance has been approved and will be filed in five days. Mr. Colabelli: Thank you and I know a gentleman brought this up at the last meeting but I'd like to say again that you're staff has definitely helped out a lot and they we're helpful with everything. Mr. Prager: Thank you. Apoeal No. 02-7156 Jeff Hunt -Seeking an area variance ofChapter133-16(a) of the Code of the Town of Wappinger. The code requires that any Residential Structure in an AE flood zone have the lowest floor elevated to or above the Base Flood Level. The applicant's basement is at 260.7 feet, where it should have been placed at the flood level of 264 feet elevation. The property is located on 1061 Route 376 and is identified as Tax Grid No. 6358-03- 414490 in the Town of Wappinger. Present: Jeff Hunt ....... Town of Wappinger Zoning Board of Appeals Page 5 Minutes of February 25, 2003 ....... Mr. Prager: We received some information from you, Mr. Hunt. We have the letter from the surveyor and it look's to me that it's the same as before, correct? Mr. Hunt: Yes. Mr. Prager: It still looks like it is almost 3 feet lower than the flood plain. I also received the waiver and Hold Harmless agreement. This I would like to have our attorney look at before we go ahead. The other item that was brought up at the last meeting was that the Town Engineer should look at this. So get all the information to him so that he may review it. Then we will put you back on the agenda. Mr. Hunt: Ok. Mr. diPierno: Motion to adjourn. Mr. Warren: Second the motion. V ote: All present voted aye. ,.., Meeting ended at 8 :00 PM ~e~;:~eB7 ' mibara Roberti, Secretary / Secretary - Zoning Board of Appeals .......