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1998-05-260 AMENDED AGENDA Town of Wappinger Zoning Board of Appeals Town Hall MEETING DATE: May 26,1998 20 Middlebush Road TIME: 7:30 PM Wappingers Falls, NY Approval of May 12, 1998, minutes PUBLIC HEARING Anneal No. 98-7022 - At the request of Mr. Frank Diorio (Contract Vendee), who is seeking three (3) area variances of Article IV, Section 420.3; • The appellant is proposing to construct a new home within 22 feet of the side yard on one side of the house and 32 feet on the other side of the house, whereas 40 feet is required on both sides of the house in an R-40/80 zone, thus an 18 -foot side yard setback variance and an 8 -foot side yard setback variance is requested, and; • The lot width of the property is 100 feet, whereas 200 feet is required in an R-40/80 zone, thus a 100 -foot lot width variance is requested. The property is located at 703 Route 9D and is identified as Tax Grid No. 19-6056-02-680824-00 in the Town of Wappinger. The Zoning Board of Appeals declared itself Lead Agency and made a Negative Declaration of Significance for this project on May 12, 1998. DISCUSSIONS Roy & Adrienne Bremner - To discuss Appeal No. 98-7023 requesting an 11 -foot side yard variance to expand an existing deck that predates zoning on property located at 194 Widmer Road in the Town of Wappinger. (Meeting To Be Held In Supervisor Smith's Conference Room) M rn MINUTES .,. Town of Wappinger Zoning Board of Appeals Town Hall May 26, 1998 20 Middlebush Road Minutes Wappinger Falls, NY Members Present Mr. Prager: Chairman Mr. Lehigh: Member Mr. Fanuele: Member Mr. diPierno: Member Mr. Warren: Member Others Present f . Mr. Donald Close, Zoning Administrator APPROVED Mrs. Nguyen, Secretary to the Zoning Board NNN01 � +���1�9 V4iY V v SUMMARIZED PLANNING BOARD El ZONING BOARD OF APPEALS fZ MINUTES TO BE APPROVED: May 12, 1998 PUBLIC HEARING: Frank Diorio (Contrail Vendee) DISCUSSION: Roy & Adrienne Bremner MINUTES Mr. Lehigh made a motion to accept the May 12t" minutes. Mr. Warren seconded the motion. Vote: All present voted aye. PUBLIC HEARING Appeal No. 98-7022 - At the request of Mr. Frank Diorio (Contract Vendee), who is seeking three (3) area variances of Article IV, Section 420.3; • The appellant is proposing to construct a new home within 22 feet of the side yard on one side of the house and 32 feet on the other side of the house, whereas 40 feet is required on both sides of the house in an R-40/80 zone, thus an 18 -foot side yard setback variance and an 8 -foot side yard setback variance is requested, and; • The lot width of the property is 100 feet, whereas 200 feet is required in an R-40/80 zone, thus a 100 -foot lot width variance is requested. The property is located at 703 Route 9D and is identified as Tax Grid No. 19-6056-02-680824-00 in the Town of Wappinger. The Zoning Board of Appeals declared itself Lead Agency and made vaw a Negative Declaration of Significance for this project on May 12, 1998. '"W Town of Wappinger Zoning Board of Appeals Summarized Minutes - May 26, 1998 Page 2 Mr. Frank Diorio, Contract Vendee, was present. Mrs. Nguyen stated all the mailings were in order. Mr. Lehigh made a motion to open the public hearing. Mr. diPierno seconded the motion. Vote: All present voted aye. Mr. Diorio stated the lot was zoned R-20 since 1961. The zone was changed in 1994 or 1996. He felt they should use an R-20 zone since it was zoned that for 30 some years. He wants to buy it as R-20. The other lots established at that time were also R-20. Mr. Close stated in 1987 the property was still zoned R-20. In 1992 the property was rezoned R- 20/40. The Zoning Map dated 1996 now has the property as R-40/80. Mr. Prager asked if anyone in the audience wanted to speak. Mr. Joseph Bracco - 96 Old State Road - Stated his house was built in 1991. At that time they had to go by the code. Mr. Stenger took 8 of his 35 acres and made 5 lots out of it. His lot is one of the 5. His was opposed to a 100 -foot lot width. He was in favor of a Neg. Dec. Mr. Fanuele explained a Neg. Dec. means that the Board does not see any negative impact on the environment. Mr. Burns - 94 Old State Road - Wanted to know the square footage of the house and the price range. Mr. Diorio said the house will be approximately 1200 sq. ft. and around $165,000. The house will sit back about 250 feet. Mr. Burns asked where the septic would be placed and if they plan to have a gravel driveway. Mr. Diorio stated the septic will be in front of the house. They have a letter of approval from the Board of Health. It was approved in 1963 and updated in 1987. Due to the grade of the driveway, it will have to be blacktopped to get in off the highway. As for the rest of the driveway, it will depend upon how expensive the lot will be. Mr. Prager stated when the Town rezoned that area, they encompassed some of the smaller lots. As a result, if they do not grant a variance, the lot can not be used. Mr. Bracco stated he is present to voice his opposition. Mr. Diorio stated the house will be approximately 75 to 100 feet back from Mr. Brocco's house. Mr. Bracco was concerned with the location of Mr. Diorio's septic. LM VOW Town of Wappinger Zoning Board of Appeals Summarized Minutes - May 26, 1998 Page 3 Mr. Burns asked how much of the trees on the property will be removed. Mr. Diorio stated he wants to keep as many as possible because whatever he takes down, he has to remove. Mr. Bracco stated the trees are beneficial to his property because they form a natural buffer. Mr. Fanuele stated Mr. Diorio could turn the house 90 degrees and then he would not need a variance. The septic, the well and the driveway would end up in the same place. They are trying to come to a compromise. Mr. Bracco asked even though a 200 -foot lot width is required Mr. Diorio could still build there. Mr. Fanuele said yes because it is a non -conforming lot. Mr. Diorio stated if they turned the house, it would end up in the hill. He stated the house was bought R-20, sold for R-20, paid taxes on R-20 and he felt he should not have to get a variance. Mr. Prager said if the Board was to grant the variances, one of the conditions would require a buffer between Mr. Bracco and this property. If Board of Health inspects and approves the septic, Mr. Bracco should not even know a septic is there. Mr. Bracco said eventually it will go bad. Then, it will be his problem. Mr. Diorio stated on the end of the house it is not feasible to leave the trees because they have to put in the driveway, but they could leave a few trees. Mr. Prager read Mr. Close's letter dated April 24, 1998. "This site was formerly zoned R-20 prior to 1996. The property had been subdivided per R-20 regulations and sold as such. However, in 1996, the Zoning Maps were revised and this parcel was shown as R-40/80. Our Town Supervisor, Constance Smith, and Town Attorney, Al Roberts, agreed the ZBA should not have any problems issuing a side yard variance for this site as an R-20. R-40 requires 40 -foot side yard setbacks. Holding to the R-40/80 zoning will definitely cause a hardship and render this a very difficult parcel to build on." He logged into evidence Mr. Close's letter dated May 13, 1998, listing the zoning history of this parcel along with the deeds. There is a letter of empowerment from Mr. Slater to Mr. Diorio dated April 17, 1998. There is a section of the revised zoning map dated January 8, 1997, and a copy of the plot plan revised in 1987. Mr. Lehigh made a motion to close the public hearing. Mr. diPiemo seconded the motion. Vote: All present voted aye. Mr. Fanuele stated if the house was turned the other way, Mr. Diorio could build without a *,,,,. variance. Since he wants to build the house the way it was designed, it will require a variance. The Board can put some conditions on the variances. He suggested moving the driveway over and buffering would help to minimize the impact. ,%W Town of Wappinger Zoning Board of Appeals Summarized Minutes - May 26, 1998 Page 4 Mr. Bracco said he did not know the particulars of this case. He was opposed to somebody building right in his backyard. He was opposed to somebody having their septic placed right where his backyard is. If the septic fails, it will stink up his backyard. He will not bend or compromise. He will call Charlie Ricotta and talk to him about it since he knows him very well. Mr. Burns was in agreement to move the driveway over and to maintain the buffer. Mr. Bracco stated Mr. Stenger took 8 acres and subdivided it. His house was the first to be built. Mr. Diorio stated the subject property was subdivided in 1963. Mr. Brocco's property was recently subdivided. Mr. Lehigh made a motion that the variances requested be granted. The requested variances will not be detrimental to nearby properties. A buffer of trees between Mr. Brocco's property and Mr. Diorio's would help to screen the properties. An undesirable change will not occur in the neighborhood. There are no alternative feasible method to achieve the benefit sought by the applicant. He did not feel it is feasible to turn the house. He felt it would look terrible if it was turned. The requested variances are not substantial. The variances will not cause adverse effects to the physical or environmental conditions of the neighborhood. It will be another single family house. The difficulty is not self-created because the Town rezoned that area. Mr. Warren seconded the motion. Mr. Fanuele wanted the driveway to be moved over away from the property line with as much of the buffer to be left in its natural state between the driveway and the property line. He suggested as much of the buffer should be left as possible without impacting the septic system. Mr. Diorio said he could leave possibly 20 feet. Mr. Bracco requested Mr. Diorio to plant some evergreens 10 feet apart to help buffer the properties. Mrs. Nguyen suggested marking one of the plans where they want the evergreens, the buffer and the driveway. The plan would be part of the Decision and Order and a copy will go to the Building Dept. ROLL CALL: Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Aye. Mr. Prager: Aye. Vote: All present voted aye. Mr. Prager stated the motion was passed and it will be filed in 5 days. *TAPE OFF/ON - The Board wrote on the plans where they want the buffer, evergreens, and the driveway to be located. The Chairman and two abutting neighbors signed the plans. Mr. Bracco would not sign it since he was opposed. **aw '"1W Town of Wappinger Zoning Board of Appeals Summarized Minutes - May 26, 1998 Page 5 DISCUSSIONS Roy & Adrienne Bremner - To discuss Appeal No. 98-7023 requesting an 11 -foot side yard variance to expand an existing deck that predates zoning on property located at 194 Widmer Road in the Town of Wappinger. Mr. Bremner, property owner, was present. Mr. Bremner explained there is a pre-existing deck already on the side of his house. He wants to make it 1 foot wider and to lengthen it. The proposed deck would be 6' X 24'. Mr. Lehigh asked if Mr. Bremner planned to build the deck on top of the existing patio. Mr. Bremner thought maybe he would build over the top of it, but anything that would stick out beyond the deck would be removed. Mr. Prager asked if Mr. Bremner could build the deck 5' X 24'. He wanted to know why he is proposing to go one extra foot. Mr. Bremner stated he wants to build the deck 10 feet wide to put a table on the deck. He said 6 feet wide would allow him enough room to put a 3 -foot round table on the deck. Mr. Lehigh stated 15.3 is the measurement from the house to the side line. Mr. Prager stated the house is on an angel. Mr. Bremner stated the existing deck was built prior to zoning in 1963. MIXED DISCUSSION - Regarding the amount of the variance required. Mrs. Nguyen stated 20 feet is required in an R-20 Zone. Mr. Bremner is proposing a 9 foot side yard. He would need an I 1 foot variance. Mr. Prager suggested the Board should hold a site inspection. He requested Mr. Bremner to mark the property line and mark out the proposed deck location. SITE INSPECTION SET FOR JUNE 6, 1998, AT 9:00 AM. Mr. diPierno made a motion for the ZBA to be Lead Agency. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. Prager stated they will wait on the Neg. Dec. He set the public hearing for June 9, 1998. Mr. Lehigh made a motion to adjourn the meeting. 'ter. Mr. Fanuele seconded the motion. Vote: All present voted aye. MEETING ADJOURNED AT 8:40 PM. *Now Town of Wappinger Zoning Board of Appeals Summarized Minutes - May 26, 1998 Page 6 Respectfully submitted, J Linda Nguyen, Secretary Town of Wappinger Zoning Board of Appeals