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2000-05-23 MINUTES APPROVED JUN 2 7 2000 Zoning Board of Appeals Summarized Minutes May 23,2000 page 1 '-'" MINUTES Town of Wappinger Zoning Board of Appeals MEETING DATE: May 23,2000 TIME: 7:30 p.m. Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Lehigh, Chairman Mr. Prager, Member Mr. diPierno, Member Mr. Fanuele, Vice Chairman Mr. Warren, Member Others Present: Ms. DiPaola, Secretary to Zoning SUMMARIZED Public Hearing Denise Bertolino Kenneth Battelle - Variance Denied - Adjourned Public Hearing '-'" ....... Mr. diPierno: Made a motion to accept the May 9,2000 minutes as written. Mr. Warren: Second the motion. V ote: All present voted aye. Appeal No. 00-7049 - At the request of Denise Bertolino, who is seeking 2 area variance of Section 240-37- District Regulations - Whereas 50 foot front yard setback is required, the appellant is proposing 35 foot front yard setback, thus requestine a 15 foot front yard setback. Whereas 40 foot side yard setback is required, the appellant is proposing 21 foot side yard setback, thus requestinl: a 19 foot side yard setback in order to construct a I:araee and a bonus room. The property is located at 114 Diddell Road and is identified as Tax Grid No. 6359-03-493442 in the Town of Wappinger. Mr. Warren: Made a motion to open the public hearing. Mr. Prager: Second the motion. V ote: All present voted aye. Mr. Lehigh: When we went over this, it was written wrong. You were built in 1952 right? Mrs. Bertolino: 1957. Mr. Lehigh: That is pre zoning, you are in a R-40/80. Which means you don't have enough land to be legal. I will read to you from Section 240-160fthe Town Law. What it means is that you can not increase the size of your house over 50%. Your addition will increase the size of your house over 50%. Along with the setback and everything else you are non conforming. '--' MINUTES APPROVED JUN 2 7 2000 Zoning Board of Appeals Summarized Minutes May 23,2000 page 2 ..... Mr. diPierno: I think you read the commercial one. Mr. Lehigh: It is for residential too. Mr. diPierno: If you read paragraph D, it states what is the law and by law you can not build anything else. Mrs. Bertolino: Basically you are saying you can not grant the variance? Mr. Lehigh: Yes. Mrs. Bertolino: Is this material that I should have known when I was applying? Mr. Lehigh: You should have been told when you came in about being non conforming. Mrs. Bertolino: I can accept it not even being approve, but I can not accept that I have spent 200 dollars, how do I get that back? Mr. Lehigh: We don't have a Zoning Administer, the only thing I can do is talk to the Town Supervisor about getting your money back. Mrs. Bertolino: Can someone build up instead of impacting the side yard and front? ......,. Mr. Lehigh: It doesn't effect the setbacks. I am not sure. . Mrs. Bertolino: Who would I go to for that? '-" Mr. Lehigh: Call the Town Attorney, that is the only thing I can think of doing. I will make a personal phone call to the Supervisor tomorrow. Mr. Fanuele: Made a motion to close the public hearing. Mr. diPierno: Second the motion. Vote: All present voted aye. Mr. diPierno: Made a motion to deny the variance. Mr. Prager: Second the motion. Roll Call: Mr. Prager, aye Mr. Fanuele, aye Mr. Lehigh, aye Mr. diPierno, aye Mr. Warren, aye 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 requestin~ 600 square feet for stora~e space and 1800 square feet of livin~ 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. 'Jeorge Heisenbuttl is present for the meeting. ........,., MINUTES APPROVro JUN 2 7 2000 Zoning Board of Appeals Summarized Minutes May 23,2000 page 3 ~ Mr. Prager: Made a motion to open the public hearing. Mr. diPierno: Second the motion. V ote: All present voted aye. Mr. Heisenbuttl: I want to modify an existing building into a caretaker's dwelling, under 240-6 of the local law. Mr. Lehigh: This is an existing building? Mr. Heisenbuttl: Yes, it is. Mr. Lehigh: Did you just purchase the property? Mr. Heisenbutt1: No, it was purchased about 3 years ago. There is a current survey and a septic approval, which was forwarded to this board for the project. Mr. Lehigh: Some of us went out and looked at the property and some of us didn't. I am confused because this drawing doesn't look like the building that is out there now. Mr. Heisenbutt1: This is the modification ofthe building on how it will look. .-.. Mr. Lehigh: What area on this drawing are you planning to leave vacant? Mr. Heisenbutt1: This area here(shows on the drawing). '-'" Mr. Lehigh: Why don't you subdivide this out? Mr. Heisenbuttl: If that is the best way of doing it, I will. Mr. Lehigh: You have the footage on the road and more than enough property. I personal feel it will be to your benefit to subdivide. I think a caretaker's house is limiting you. Mr. Heisenbutt1: That right. Mr. Lehigh: I think we should adjourn this until you talk to the Planning Board and if you have a problem you can come back. I don't think you will. Mr. Heisenbuttl: I agree it is in my best of interest. Mr. Lehigh: It is up to you. Mr. Heisenbutt1: I agree with you to go along with it. Mr. Prager: How close are you to a subdivision? Mr. Heisenbuttl: Basically everything is subdivided. It is already laid out. Mr. Warren: Made a motion to adjourn the public hearing. Mr. diPierno: Second the motion. V ote: All present voted aye. "-" MINUTES APPROVED IJUN 272000 '-" ... Zoning Board of Appeals Summarized Minutes May 23,2000 page 4 Mr. Prager: Made a motion to adjourn the meeting. Mr. diPiemo: Second the motion. V ote: All present voted aye. MEETING ENDED 8:00 p.m. Respectfully Submitted, CYV1.uJIU\~ 0 \ ~({.dc^-- Christina DiPaola, Secretary Zoning Board of Appeals ........ '-- ~