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1998-08-25AGENDA Town of Wappinger Zoning Board of Appeals Town Hall MEETING DATE: August 25, 1998 20 Middlebush Road TIME: 7:30 PM Wappingers Falls, NY Approval of August 11, 1998, minutes PUBLIC HEARING Appeal No. 98-7026 - At the request of John Mirabilio, Jr., who is seeking an area variance of Article IV, Section 420.3 — Schedule of Dimensional Regulations — Whereas a 75 -foot front yard setback is required, the appellant is showing 73.3 feet (due to the overhang of the proposed residence), thus requiring a 1.9 -foot front yard variance to construct a single family residence on property located at 77 New Hackensack Road and is identified as Tax Grid No. 19- 6158-02-676615-00 in the Town of Wappinger. The Zoning Board of Appeal declared itself Lead Agency and made a Negative Declaration of Significance for this project on August 11, 1998. Cm cm Town of Wappinger Zoning Board of Appeals August 25, 1998 Minutes Members Present Members Absent Others Present MINUTES Mr. Lehigh: Acting Chairman Mr. diPierno: Member Mr. Prager: Chairman Mr. Close, Zoning Administrator MINUTES TO BE APPROVED: PUBLIC HEARING: MINUTES Town Hall 20 Middlebush Road Wappinger Falls, NY Mr. Fanuele: Member Mr. Warren: Member D DDD apD ©� Q �V SUMMARIZED August 11, 1998 John Mirabilio, Jr.—Granted Mr. diPierno made a motion to approve the August 11, 1998, minutes. Mr. Warren seconded the motion. Vote: All present voted aye. PUBLIC HEARING I"&*' SEP 2.$ Z�0 onin mi S Sig natu ` Appeal No. 98-7026 - At the request of John Mirabilio, Jr., who is seeking an area variance of Article IV, Section 420.3 – Schedule of Dimensional Regulations – Whereas a 75 -foot front yard setback is required, the appellant is showing 73.3 feet (due to the overhang of the proposed residence), thus requiring a 1.9 -foot front yard variance to construct a single family residence on property located at 77 New Hackensack Road and is identified as Tax Grid No. 19-6158-02-676615-00 in the Town of Wappinger. The Zoning Board of Appeal declared itself Lead Agency and made a Negative Declaration of Significance for this project on August 11, 1998. Mr. Mirabilio, Jr. was present. Mr. diPierno made a motion to open the public hearing. i.- Mr. Warren seconded the motion. V40V • 00 Town of Wappinger Zoning Board of Appeals Summarized Minutes -- August 25, 1998 Page 2 +rte Vote: All present voted aye. Mr. Close stated all the mailings are in order. Mr. Fanuele stated the variance they are asking for should be corrected to 1.75. It is less than 1.9 feet. Mr. Mirabilio, Jr. stated the southwest corner is 1.75 feet too close to the road. Mr. Lehigh asked if they put the stake in the wrong spot or did they put the foundation in the wrong spot. Mr. Mirabilio, Jr. stated the surveyor put the stakes in the wrong spot. He said he stayed in back of the stakes, but it still came out too close. The surveyor said probably somebody moved the stakes. Mr. Fanuele said since there are no comments for or against the project, he made a motion to close the public hearing. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. Fanuele made a motion to grant the variance. Mr. Warren seconded the motion. Mr. Lehigh stated the requested variance will not produce an undesirable change in the character of the neighborhood. No substantial detriment will be created to nearby properties. There are no other feasible methods available for you to pursue to achieve the benefit you seek other than the requested variance. The requested variance is not substantial. The proposed variance will not have an adverse affect on the physical or environmental condition in the neighborhood or the district. The alleged difficulty is not self-created. Therefore, the variance has been granted. ROLL CALL: Mr. Fanuele: Aye. Mr. Lehigh: Aye. Mr. Prager: Absent. Vote: All present voted aye. Mr. diPiemo made a motion to adjourn. Mr. Fanuele seconded the motion. Vote: All present voted aye. MEETING ADJOURNED AT 8:30 PM. Mr. Warren: Aye. Mr. diPierno: Aye. Respectfully submitted, L' da Ngul 72cretary Zoning Board of Appeals