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2000-02-29 Fi'\~ , j MINUTES APPROVED MAR 14 2000 Zoning Board of Appeals Summarized Minutes February 29,2000 page 1 '-" MINUTES Town of Wappinger Zoning Board of Appeals MEETING DATE: February 29,2000 TIME: 7:30 p.m. NY Town Hall 20 Middlebush Road Wappinger Falls, Members Present: Mr. Lehigh, Chairman Mr. Prager, Member Mr. diPiemo, Member Mr. Fanuele, Vice Chairman Mr. VVarren, Member Others Present: Ms. DiPaola, Secretary to Zoning SUMMARIZED Public Hearing: Kevin Kelley & Deborah Heath - Granted variance Discussions: Craig O'Donnell - Public hearing 3/14/00 '-"" Mr. Lehigh: The first order of business is the February minutes. Mr. Prager: I have a few changes to the minutes. Mr. Prager: Made a motion to approved the corrected minutes of February 8,2000. Mr. diPiemo: Second the motion. Vote: All aye. Mr. Lehigh: VVe have the site inspection minutes. Do I hear a motion? Mr. Warren: Made a motion to approved the Site Inspection minutes. Mr. Prager: Second the motion. Vote: All aye. Mr. Lehigh: Can we have a roll call to make sure everyone is here. Roll Call: Mr. Prager, aye Mr. Fanuele, aye Mr. VVarren, aye Mr. Lehigh, aye Mr. diPiemo, aye Mr. Lehigh: Appeal No. 99-7041 at the request of Kevin Kelley & Deborah Heath, who is seeking an area variance of Section 240-37 - VVhereas 20 foot side yard setback is required, the appellants can provide 19.4 feet side yard setback, thus requestin~ a 6 inch side yard setback in order to add an addition to their house. The property is located at 25 Hilltop Drive in the Town ofVVappinger. 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. MINUTES ll.PPROVeD MAR 14 2000 Zoning Board of Appeals Summarized Minutes February 29,2000 page 2 ~ Mr. Warren: Made a motion to be Lead Agency Mr. diPierno: Second the motion. Vote: All aye. Mr. Prager: Made a motion to open the public hearing. Mr. diPierno: Second the motion Vote: All aye. Mr. Kelley: We want to put an extension on the back of the house. The line of the house and the line of the property is at an angle. The addition is a cut out in the side of the house. What we want to do is continue the house line along the north and along the west. The problem is where those two meet, it is about 8 inches over the side setback as to oppose to a 6 inches. The amount of area over is Y2 square foot. A triangular area that is 8 inches on one leg and about 17 inches on the other leg in a diagonal. It's been measured by the surveyor and my architect at .46 square feet. That is what we are looking for is the 8 inch variance. As of this morning we got 2 of the 3 mailings back. The one that we did not get back is the neighbor that is next to me on the left. Two weeks ago we saw a moving truck at the house and there was no activity going on, until this evening I saw light on there so I walked over there. My neighbor was there, and he said that he did receive the letter today, he is a ski instructor at Windom and he has been away. He said that he has no problem with it. ..~ Mr. Lehigh: Any questions? Mrs. Heath: Show them the document. Mr. Kelley: This is probably a better view of the variance. Mr. Lehigh: Is there anyone in the public who wants to speak for or against this variance. No one spoke for or against the variance. Mr. Fanuele: Made a motion to close the public hearing. Mr. Warren: Second the motion. V ote: All aye. Mr. Fanuele: Made a motion to grant the variance. Mr. Warren: Second the motion. Roll Call: Mr. Prager, aye Mr. Fanuele, aye Mr. Warren, aye Mr. Lehigh, aye Mr. diPiemo, aye Mr. Prager: Made a motion for a negative declaration. Mr. Warren: Second the motion. V ote: All aye. ......... fv11NUTES Ll.PPROVr=O Zoning Board of Appeals Summarized Minutes February 29,2000 page 3 MAR 1 4 2000 ...... DISCUSSIONS 1. Craie O'Donnell- Seeking 2 variances. 14.6 side yard setback and 13.4 side yard setback in order to have a proposed pool comply with the required setbacks. The property is located at 225 Wheeler Hill Road in the Town of Wappinger. Mr. O'Donnell: I am applying for a variance to construct a pool at 25 feet off the property line, where 40 feet is required. Mr. Prager: The pool has not be built yet? Mr. O'Donnell: No. I just have an application to build it. I was under the impression that 25 was necessary and then Mark told me that I need 40. Mr. Prager: What zone are you in? Mr. O'Donnell: R-80 zone. Mr. Lehigh: Does that blacktop go all the way up to the garage? Mr. O'Donnell: Yea that is the turn around and then the garage is in the end. Over there where you see the plus, minus sign on the acreage, that is probably 8 to 10 feet higher than (the tape is cutting in and out did not get the rest of what he said. Something wrong with the tape) There is big hill in the back and there is a swell that goes right through where you see the acreage right there. If you put the pool on the side you will not see it from anywhere, there are no neighbors in back. Where you see ,-"my name there, where it says lot #2 that is all wooded. It goes up hill and it goes about a quarter of a mile back. Mr. Lehigh: Are you going to screen that pool at all or fence it? Mr. O'Donnell: Yes, I will fence it Mr. Lehigh: What type of fence? Mr. O'Donnell: I was thinking about having those 1 inch vertical aluminum. I do not like the chain links. I will have the fence about 4 feet high. Mr. Prager: Who is putting it in? Mr. O'Donnell: Jim Housted. Mr. Lehigh: You are going for 2 variances? Mr. O'Donnell: Yes, actually my house is in violation, because I am in a R-80 zone. I should have really 40 feet there. I built this house 13 years ago and that time I was told it was 25 feet. That is the reason I got the 25 there because they consider it a comer lot. At the time I was not familiar with the zoning and Herb told me that you can have it either way you want. Mr. Prager: So primarily that 13.4 you are asking for is for your house? Mr. O'Donnell: Yes. I want to get my house legal. Mr. Prager: Do you have documentation on when you built the house? Mr. O'Donnell: Do you mean a CO. Yea. Mr. Prager: Why don't you bring that in. Mr. O'Donnell: No one picked up on it that I was suppose to have 40 feet. There isn't many places that are R- 80. Mr. diPiemo: That area is the only area in the whole Town. Mr. O'Donnell: Now I am trying to get everything to comply with the zoning. Mr. Lehigh: Do you want to do a site inspection on this? '-" All: No. Mr. Lehigh: We will have a public hearing on March 14,2000 MINUTES l,PPROVt:D MAR 1 4 2000 Zoning Board of Appeals Summarized Minutes February 29,2000 page 4 .'-w Mr. diPierno: Made a motion to adjourn the meeting. Mr. Prager: Second the motion. Vote: All aye. MEETING ENDED 8:00 p.m. Respectfully Submitted, C~ D\PcA Christina DiPaola, Secretary Zoning Board of Appeals '-" ----