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2000-06-27 MINUTES APPROVED JUl 2 5 2000 Zoning Board of Appeals Summarized Minutes May 23,2000 page 1 '-'" MINUTES Town of Wappinger Zoning Board of Appeals MEETING DATE: June 27,2000 TIME: 7:30 p.m. Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Lehigh, Mr. Warren, Chairman Member Mr. Fanuele, Vice Chairman Mr. diPierno, Member Members Absent: Mr. Prager, Member Others Present: Ms. DiPaola, Secretary to Zoning SUMMARIZED Adiourn Public Hearing: Kenneth Battelle - Granted Variance with conditions Discussions: Timothy & Cheryl Zubradt - Discussion 7/11/00 '-'" Jay Marshall Weiss - Public Hearing 7/11/00 Site Inspection 7/1/00 J&M Management - Public Hearing 7/11/00 Site Inspection 7/1/00 Emmanuez Zeakis - Public Hearing 7/11/00 Site Inspection 7/1/00 Mr. Fanuele: Made a motion to approve the May 23,2000 minutes as amended. Mr. Warren: Second the motion. V ote: All present voted aye. ADJOURNED PUBLIC HEARING Appeal No. 00-7050 - At the request of Kenneth Battelle, who is seeking an area variance of Section 240-6 (D) _ Whereas 1800 square feet is required for a caretakers dwelling, the appellant is proposing 2400 square feet, thus requestine 600 square feet of stora~e space and 1800 square feet of livine space. The property is located at 74 Old State Road and is identified as Tax Grid No. 6056-02-600799 in the Town of Wappinger. The Zoning Board of Appeals has not made a determination of significance pursuant to the State Environmental Quality Review Act and hereby reserves its right to make such determination after the conclusion of the public hearing. Mr. Fanuele: Made a motion to open the public hearing. ......... Mr. Warren: Second the motion. Vote: All present voted aye. MINUTES APPROVED IJUL 2 5 2000 Zoning Board of Appeals Summarized Minutes June 27,2000 page 2 '--" George Heisenbuttl is present for the meeting. Mr. Heisenbuttl: I went back to the Planning Board and they drafted up a resolution for the project. I spoke to them briefly about subdividing the property. That would alter the project financially and ecstatically. That is not in the interest of the project and the use is going to be a caretaker dwelling. Now I am back for a variance for a caretaker dwelling. Mr. Lehigh: What part of the building will be designated for storage? Mr. Heisenbuttl: On the plan, it will be the garage area and the upstairs area. Mr. Lehigh: If that is useable space up there that will increase the size of the building. Mr. Heisenbuttl: There will not be an increase of the size of the building. It will remain the way it is. Mr. Lehigh: I would state that the attic ofthe building can not be change in any shape or manner. Mr. Fanuele: How big is the main house? Mr. Heisenbuttl: The main house is 6,000 square feet. Mr. Fanuele: The area that you are talking about is the attic and the garage will be use for storage. Mr. Lehigh: The section on the right will be used as a garage? '--" Mr. Heisenbuttl: Yes. Mr. Fanuele: Made a motion to close the public hearing. Mr. Warren: Second the motion. V ote: All present voted aye. Mr. Fanuele: Made a motion to grant the variance with the condition that the attic upstairs will not be used as living space only as storage. Only 1800 square feet will be used as living space and 600 square feet be used as storage. Mr. diPiemo: Second the motion. V ote: All present voted aye. Mr. Warren: Made a motion for a negative declaration. Mr. diPiemo: Second the motion. V ote: All present voted aye. DISCUSSIONS ~ 1. Timothy & Cheryl Zubradt - Seeking an area variance in order to construct the garage closer to the driveway. The property is located at 38 Red Hawk Hollow Road in the Town of Wappinger. ~ Mr. Weiss: Mr. Lehigh: Mr. Gardell: Mr. Lehigh: Mr. Gardell: , I\AI~UTES 1\ .",I~OVEO JUL 25 2000 Zoning Board of Appeals Summarized Minutes June 27,2000 page 4 Yes. It's a little hard to determine from this drawing. Do you have a better drawing? No, the only thing that is different is the parking a little. It is 18.9 feet from the front of the porch to the property line. This is still in front of the Planning Board? Yes. Mr. Lehigh: We will have to do a site inspection. Site Inspection Saturday, July 1,2000 at 9 a.m. Public Hearing July 11,2000. Mr. Warren: Made a motion to be Lead Agency only on the variance. Mr. diPierno: Second the motion. V ote: All present voted aye. ~ 3. J&M Manaeement - Seeking an area variance in order to construct a commercial building. The property is located at Airport Drive in the Town of Wappinger. Al Cappelli, the applicant's engineer and John Diddo the applicant present for the meeting. Mr. Cappelli: Mr. Lehigh: Mr. Cappelli: Mr. Lehigh: Mr. Cappelli: Mr. Lehigh: Mr. Cappelli: Mr. Lehigh: The developer of the property has 3 lots on the north side of Airport Drive, just beyond the soccer field. Just recently the owner had the wetlands flagged and as it turns out, there a big percentage of the property designated wetlands. I have a color coded plan (he explains all the colors on the plan to the Board). Given the type of facility that we want, I need a delivery and pick up to the rear of the property. I have to move the building up closer to the road. That requires us to come before you and get a vanance. You are going to manufacture the bagels from there but you will not be selling them? No, we will not be selling them. You will not have much traffic coming in and out of there, other than a truck and a couple of employees. Correct. You have done a EAF for the Planning Board? Yes. I think we will have to go look at the property too. ....... Site Inspection Saturday, July 1,2000 at 9:15 a.m. Public Hearing July 11,2000 MINUTES APPROVED Zoning Board of Appeals Summarized Minutes June 27,2000 page 3 JUL 25 2000 ...... Timothy Zubradt is present for the discussion. Mr. Zubradt: I have a handicap daughter at this time we need to enlarge the space in our house. We had the state out there to look at different methods of adding to the house. This was the most economically thing I could do. I want to take the garage and convert it into her own space. Mr. Fanuele: You are going to convert the existing garage and build a new one? Mr. Zubradt: Yes. Mr. diPiemo: Can I see the plans that you have there? Mr. Zubradt: I left 6 sets with the Town Supervisor and she gave them to the building department. Mr. Lehigh: How far will you be from the road? Mr. Zubradt: I measured 55 feet. Mr. Lehigh: Your setbacks are not normal because you are in R-40/80. Mr. Fanuele: You need a front yard setback? Mr. Zubradt: Yes. ....... Mr. Fanuele: The variance is only asking a side yard setback. You need both side and front yard setback. The whole board talked back and forth about the variance. They came to the conclusion that the applicant needs 2 variances instead of 1. Mr. Zubradt needs front and side yard setback. The applicant will have to talk to the Zoning Administor to determine what zone they are in, whether it is R-40 or R-40/80 and see what setbacks they require. Mr. Zubradt will be put on the next meeting July 11,2000 for a discussion, to determine and update the application that is in front of the Zoning Board. 2. Jay Marshall Weiss - Seeking 2 area variances to be able to build a building the way the Planning Board wants it. The property is located at the comer of Airport Drive and Route 376 in the Town of Wappinger. Eric Gardell, the applicant's engineer and Jay Marshall Weiss is present for the meeting. Mr. Gardell: The Planning Board request that we face the building towards the road. We originally had it facing the parking lot. In order to do that we wind up short from the property line and the wetlands. .~ Mr. Fanuele: The front was facing the parking lot and the back was facing Route 376, and now you are changing it? . MINUTES APPROVE{) Zoning Board of Appeals Summarized Minutes June 27 ,2000 page 5 JUL 2 5 2000 '-'" Mr. Warren: Made a motion to be Lead Agency only on the variance. Mr. diPiemo: Second the motion. V ote: All present voted aye. 4. Emmanuez Zeakis - Seeking an area variance to construct a carport and attach it to an existing barn. The property is located at 61Gold Road in the Town of Wappinger. Emmanuez Zeakis is present for the meeting. Mr. Zeakis: I need a variance of 10 feet. I bought the house about 5 years ago and I am in R-40. I want to attach a carport to the existing shed. Mr. Lehigh: How far is that from the property line? Mr. Zeakis: About 15 feet. Mr. Fanuele: Where is the carport going? Mr. Zeakis: Attach it to the shed (shows on the picture he has). I have had a satellite. I have all my permits '-" for the satellite and the shed. I took the satellite down and now I want to put a carport there. Mr. Lehigh: We will have to go out and look at it. Site Inspection Saturday, July 1,2000 at 10:00 a.m. Public Hearing July 11,2000 Mr. Warren: Made a motion to be lead agency. Mr. diPiemo: Second the motion. V ote: All present voted aye. Mr. diPierno: Made a motion to end the meeting. Mr. Warren: Second the motion. V ote: All present voted aye. Meeting Ended 8:45 p.m. " Respectfully Submitted /'i~ J D ('., ,i I. ., ( (". -- " ~/-.j / L \,(;. ).'/'1\.("",_ ..t '- ,(...{: /..\ Christina DiPaola, Secretary Zoning Board of Appeals