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2000-07-25 '"" Town of Wappinger Zoning Board of Appeals MEETING DATE: July 25,2000 TIME: 7:30 p.m. MINUTES MINUTES APPROVro AUG U 9 2000 Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Fanuele, Vice Chairman Mr. Prager, Member Mr. diPiemo, Member Mr. Warren, Member Members Absent: Mr. Lehigh, Chairman Others Present: Ms. DiPaola, Secretary to Zoning Mrs. Lukianoff, Zoning Administrator SUMMARIZED Public Hearings: Paul Ott - Variance Granted 7/25/00 - Variance Granted 7/25/00 Timothy & Cheryl Zubradt Discussions: Jon Adams - Public Hearing 8/8/00 at 7 p.m. - Public Hearing 8/8/00 at 7 p.m. - Public Hearing 8/8/00 at 7 p.m. .~ Dawn & Michael Wintner Mid-Hudson Development Mr. diPierno: Made a motion to approve the June 27,2000 minutes. Mr. Warren: Second the motion. V ote: All present voted aye. Mr. Prager: Abstained, was not present for the meeting. Mr. Prager: Made a motion to approve the July 11,200 minutes. Mr. diPiemo: Second the motion. V ote: All present voted aye. PUBLIC HEARINGS ....... Appeal No. 00-7051 - At the request of Timothy and Cheryl Zubradt, who are seeking 2 area variances of Section 240-37 - Whereas 40 feet side yard setback is required, the appellants are proposing 21 feet side yard setback, thus requestine 19 feet side yard setback Whereas 50 feet front yard setback is required the appellants are proposing 40 feet front yard setback, thus requestine 10 feet front yard setback in order to construct a earaee closer to the street. The property is located at 38 Red Hawk Hollow Road and is identified as Tax Grid No. 6359-02-795544 in the Town of Wappinger. MINUTES APPROVi::D AUG 09 2000 Zoning Board of Appeals Summarized Minutes July 25,2000 page 2 ......... Timothy Zubradt is present for the meeting. Mr. Prager: Mr. diPiemo: Vote: Made a motion to open the public hearing. Second the motion. All present voted aye. Mr. Zubradt: I have a handicapped child. We want to take the existing garage now and convert it into her bathroom and bedroom. There is no other way to do it. Mr. Fanuele: Does anyone have anything to say for or against the variance. No one spoke for or against the variance. Mr. Fanuele: There was a site inspection on July 15,2000 Mr. Prager and myself were present. Anyone on the board have any comments? Mr. Prager: I like the idea that the applicant is coming out with the driveway on the side there for additional parking. I don't see any other way you can do it. ........ Mr. Warren: Made a motion to close the public hearing. Mr. diPiemo: Second the motion. Vote: . All present voted aye. Mr. Prager: Made a motion to grant the variances. Mr. diPiemo: Second the motion. Roll Call: Mr. Warren, aye Mr. diPiemo, aye Mr. Prager, aye Mr. Fanuele, aye Mr. Fanuele: Add to the condition of the variance that he will be having a circle driveway. Appeal No. 00-7056 - At the request of Paul Ott, who is seeking an area variance of Section 240-37 - Whereas 25 feet rear yard setback is required, the appellant is proposing 10 feet rear yard setback, thus requestine 15 feet rear yard setback in order to install a 15x24 oval above eround pool. The property is located at 12 Onondaga Drive and is identified as Tax Grid No. 6157-03-458499 in the Town of Wappinger. Paul Ott is present for the meeting. Mr. Warren: Made a motion to open the public hearing. Mr. Prager: Second the motion. ........ Vote: All present voted aye. MINUTES APPROVeD AUG 09 2000 Zoning Board of Appeals Summarized Minutes July 25,2000 page 3 ......... Mr. Ott: I am requesting a variance for the pool because my back yard is not big enough to have a pool there. I need a 15 foot setback. Mr. Prager: What is the size of the pool? Mr. Ott: 15x24 oval pool. Mr. diPierno: What is the size of the lot? Mr. Fanuele: It is 7500 feet. Anyone in the public who wants to speak for or against the variance. The neighbors: We have no problem with him putting the pool there. We live next store to the applicant. No one cares. Mr. diPierno: Made a motion to close the public hearing. Mr. Prager: Second the motion. V ote: All present voted aye. Mr. diPierno: Made a motion to grant the variance. Mr. Prager: Second the motion. '-'" Roll Call: Mr. Warren, aye Mr. diPierno, aye Mr. Prager, aye Mr. Fanuele, aye DISCUSSIONS 1. Jon Adams - Seeking an interpretation of Hannaford Supermarket parking spaces. The property is located at Route 9 in the Town of Wappinger. Jon Adams and Steve Reilly, Hannaford's Attorney is present for the meeting. Mr. Adams: The Board is familiar with the Hannaford application. One of the step taken for the application was the determination by the Zoning Administrator Mark Liebermann for the parking count for the Wappinger Assoc. Shopping Center. I believe that there is a demolition of the buildings. The variance that is attached to those structures Lapps. Any property owner is required to review their parking application in the same way as if it was a new building. Mr. diPierno: You are not asking for an appeal? Mr. Adams: No, I am asking for an interpretation. Mr. Fanuele: You are saying if I knock a building down and any variance that went with that would be null "-' and void. MINUTES APPROVED """ AUG 09 2000 Zoning Board of Appeals Summarized Minutes July 25,2000 page 4 Mr. Adams: You now have a new option, you can build to conform to the code. The applicant of Hannaford proposes to demolish 40% of the building and put up a new building. Once he does that you have a new shopping center. It is not the same as before. The ones that existed in 1994 no longer stands. Mr. Reilly: This board has already found in its decision back on May 9,2000, that the 1994 variance is still in effect. Mr. Adams is already appealing that decision to the Supreme Court, that is part of his law suit. The matter has already been decided by the board and ifhe has a problem he should take it up to Supreme Court, which he is doing. The law is in effect the other way. The variances are in fact perpetual unless the board puts a limitation on it. Mr. Fanuele: We will set a public hearing for August 8,2000 at 7:00 p.m. ........ Mr. Reilly: Is it all right if I send out the notices? Mr. Adams: That is fine and I will take the bill. 2. Michael & Dawn Wintner - Seeking 2 variances in order to construct an above ground pool. The property is located at 174 Old Route 9 in the Town of Wappinger. Michael & Dawn Wintner are present for the meeting. Mr. Wintner: The layout of my property is Pye shape. All we can do is put the pool in the back yard. We don't have enough clearance on both sides. Mr. Fanuele: Can you show us on the map where you would be putting the pool? Mr. Wintner: Shows on the map where it would go. I didn't want to cause any trouble and I am kind of confused about what zone I am in. When I bought the house I was told that I was zoned HB and now I was told by Mr. Kruse that I am in a R-80 zone. "'-' MINUTES APPROVeD AUG 0 9 2000 '-- Zoning Board of Appeals Summarized Minutes July 25,2000 page 5 Mr. Prager: Can you show me on this map where your house is. (Mr. Wintner shows him.) You are in a R- 80 Zone. Mr. diPierno: You are in a R-80 zone and you only have 0.63 acres. Mr. Wintner: Yes it is a small lot. Mr. Prager: What is the size of your pool? Mr. Wintner: It's a round pool about 33 feet. Mr. Prager: When did you purchase your house? Mrs. Wintner: In 1997. Mr. Prager: Mr. Warren: Vote: Made a motion to be Lead Agency. Second the motion. All present voted aye. Mr. Fanuele: We will have a public hearing on August 8,2000 at 7:00 p.m. 3. Mid-Hudson Development - Seeking 2 variance in order to construct a house. The property is located at '-" Red Hawk Hollow Road in the Town of Wappinger. John Goetz and Chris Sollecito are present for the meeting. Mr. Goetz: Our application is actually worded different. It has proposed house on it and it is actually an existing house. Mr. Sollecito: During the excavation the stakes that were put in were moved. Mr. Prager: The house is up already? Mr. Sollecito: Yes. Mr. Prager: Is that on the end there on the turn around? It's on a new road? Mr. Sollecito: No, we extended the cuI de sac 180 feet. Mr. Prager: That road in there is a driveway? Mr. Goetz: Yes. Mr. Sollecito: All the lots are set back about 450 feet because they have such minimum road frontage. Mr. Prager: Do you know if this was staked out correctly and somehow it was moved. '-- Mr. Goetz: Bob Oswald staked it out and he is usually right on it. We never had a problem before. Mr. diPierno: How big is the house? .. MINUTES APPROVED Zoning Board of Appeal Summarized Minutes July 25,2000 page 6 AUG U 9 2000 .......... Mr. Sollecito: 2700 square feet. Mr. Prager: You are 4 feet over? Mr. Sollecito: Yes and then the deck is 12 feet over. The home owner that bought the house wants a certain size deck. Mr. Fanuele: We will have a public hearing on August 8,2000 at 7:00 p.m. We would like to come out for a Site Inspection too. Site Inspection July 29,2000 at 10:00 a.m. Mr. Prager: Mr. Warren: Vote: Made a motion to adjourn the meeting. Second the motion. All present voted aye. ........ MEETING ENDED 8:15 p.m. Respectfully Submitted, I \l,lL'~b./'yx'- ,D i r c<-cf~'\. Christina DiPaola, Secretary Zoning Board of Appeals "'"