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1998-06-09AGENDA Town of Wappinger Zoning Board of Appeals Town Hall MEETING DATE: June 9, 1998 20 Middlebush Road TIME: 7:30 PM Wappingers Falls, NY Approval of May 26, 1998, minutes PUBLIC HEARING Appeal No. 98-7023 - At the request of Mr. & Mrs. Bremner, who are seeking an area variance of Article IV, Section 420.3 - Schedule of Dimensional Regulations - The appellants are proposing to remove their existing deck (5' X 5') that predates zoning and replace it with a new 6' X 24' deck off the side and rear of the house. A 20 -foot side yard setback is required in an R- 20 Zone, whereas the appellants are proposing a 7 -foot side yard (from the end of the deck to the side yard), thus a 13 -foot side yard setback variance is required for the new deck. The property is located at 194 Widmer Road and is identified as Tax Grid No. 19-6258-01-426798-00 in the Town of Wappinger. The Zoning Board of Appeals declared itself Lead Agency for this project on May 26, 1998. ,%NW 015 MINUTES Town of Wappinger Zoning Board of Appeals Town Hall June 9, 1998 20 Middlebush Road Minutes Wappinger Falls, NY Members Present On Mr. Prager: Chairman Mr. Lehigh: Member Mr. Fanuele: Member Mr. diPierno: Member Mr. Warren: Member Others Present } AppROVED Mr. Donald Close, Zoning Administrator JUN 23:1' Mrs. Nguyen, Secretary to the Zoning Board plJ1NNING BOARD 7 SUMMARIZED _�=.f..:,..�... ----- MINUTES TO BE APPROVED: May 26, 1998 PUBLIC HEARING: Roy & Adrienne Bremner MINUTES Mr. Lehigh made a motion to approve the May 26, 1998, minutes. Mr. Fanuele seconded the motion. Vote: All present voted aye. PUBLIC HEARING Anneal No. 98-7023 - At the request of Mr. & Mrs. Bremner, who are seeking an area variance of Article IV, Section 420.3 - Schedule of Dimensional Regulations - The appellants are proposing to remove their existing deck (5' X 5') that predates zoning and replace it with a new 6' X 24' deck off the side and rear of the house. A 20 -foot side yard setback is required in an R- 20 Zone, whereas the appellants are proposing a 7 -foot side yard (from the end of the deck to the side yard), thus a 13 -foot side yard setback variance is required for the new deck. The property is located at 194 Widmer Road and is identified as Tax Grid No. 19-6258-01-426798-00 in the Town of Wappinger. The Zoning Board of Appeals declared itself Lead Agency for this project on May 26, 1998. Mr. Bremner was present. Mrs. Nguyen stated all the mailings are in order. rrr Town of Wappinger Zoning Board of Appeals Summarized Minutes - June 9, 1998 Page 2 Mr. diPierno made a motion to open the public hearing. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. Bremner explained that he is seeking a 7 -foot side yard variance for a new deck to handle whoever comes over for a barbecue. The existing deck was built prior to zoning. The house is about 15 feet from the side yard. Mr. Fanuele stated the reason he needs a deck on the side of the house is because that is where the exit door is located. Mr. Lehigh stated Mr. Bremner needs an emergency exit from the kitchen. Mr. Prager stated Mr. Bremner is really asking for only 1 foot more than what he already has. He stated no one was present to speak for or against the appeal. Mr. Prager stated a site inspection was held on June 6"' with the whole Board in attendance. Mr. Lehigh made a motion for a Neg. Dec. Mr. Fanuele seconded the motion. Vote: All present voted aye. Mr. Fanuele made a motion to close the public hearing. Mr. diPierno seconded the motion. Vote: All present voted aye. Mr. Lehigh made a motion to grant the variance. The variance will not be detrimental to nearby properties. It will not cause an undesirable change in the neighborhood. There are no other feasible methods to achieve this. The request is not substantial because there is only 1 foot difference from the size of the existing deck. The variance will not cause adverse effects to the physical or environmental condition of the neighborhood. The difficulty is self-created because he does not have to build a deck. However, he would still have to have some kind of outlet for the door on the side of the house. Mr. diPierno seconded the motion. ROLL CALL: Mr. Warren: Mr. Fanuele: Mr. Prager: Vote: All present voted aye. Aye. Mr. diPiemo: Aye. Aye. Mr. Lehigh: Aye. Aye. Mr. Prager stated the motion to grant the variance passed and it will be filed in 5 days. M Mr. diPierno made a motion to adjourn. Mr. Warren seconded the motion. Vote: All present voted aye. MEETING ADJOURNED AT 7:40 PM. Town of Wappinger Zoning Board of Appeals Summarized Minutes - June 9, 1998 Page 3 Respectfully submitted, Linda Nguyen, Se&ZW Town of Wappinger Zoning Board of Appeals