1995-06-27Town of Wappinger
June 27, 1.995
-nda - 7:30 P.M.
%blef
Zoning Board of Appeals
Approval of June 13, 1995 minu,tes.
PUBLIC HEARINGS
Town Hall.
2.0 Middlehush Road
Wappinger Falls; N.Y.
7_ Appeal 41203 - At the request of Stella Heady who is seeking a
variance of Article IV, Section 421.6, where you are required to
maintain a 50 ft. front -yard and you are showing 31.46 ft., thus
requiring an 18.54 ft. front -yard variance to erect a deck on the
front of the house located at 30 Dugan Lane and is identified as Tax.
Grid #19-6356-01-005931-00 in the Town of Wappinger.
2. Appeal #12.04 - At the request of Rabco Landscaping & Contractina. Inc.
(Contract Vendee) who is seeking a variance of Article IV, Section
422..8, paragraph 7, wherein you are not to exceed 2000 sq. ft. in
total area and you are requesting a building of 4000 sq. ft., plus or
minus, as well. as outside storage of nursery retail sales material on
property located at Route 82 & All Angels Hill. Road and is identified
AIS Tax Grid #19-6357-03-220050-00 in the Town of Wappinger.
3. Appeal 41206 - At the request of Bertha & Donald Geraghty who is
seeking a variance of Article IV, Section 421.6, where you are
required to maintain a 10 ft. side -yard and you are showing 5 ft.,
thus requiring a 5 ft. variance for an existing shed on property
located at 11 Lydia Drive and is identified as Tax Grid
#19-62.57-03-115232-00 in the Town of Wappinger.
n
n
Tawn of Wappinger Zoning Board of Appeals Town Hall
--pane 2.7. 1995 20 Middlebush Road
mutes Wappinger Falls; N.Y.
Members Present
Mr. Sasser: Chairman Mr. Prager: Member
Mr. Fanuele: Member Mr. diPierno: Member
Members Absent
Mr. Lehigh- Member .O V to
r'19 ro �
Others Present
Ai117 2 9 1"S
Mrs. Linda Nguyen, Secretary to the Z.B.A.
PLANNING BOA13U
ZONINP
ROLL CALL
Mr. Sasser: The first item on the agenda tonight is the approval of the
Tune 13; 1995 minutes_
Mr. Fanuele: T make a motion to accept the minutes.
Mr. diPierno: second.
%Wte: All ayes.
Mr. Sasser: The first public hearing tonight is Appeal #1203 - At the
reauest of Stella Heady who is seeking a variance of Article TV; Section
421.6; where you are required to maintain a 50 ft. front -yard and you are
showing a 31_.46 ft., thus requiring an 18.54 ft. front -yard variance to
erect a deck on the front of the house located at 30 Dugan Lane and is
identified as Tax Grid #19-6356-01-005931-00 in the Town of Wappinger.-.
The Zoning Board of Appeals has declared itself Lead Agency and there has
been a Negative Declaration regarding sRQR. Has the certified notices
publication been taken care of?
Mrs. Nguyen: Yes, they have.
Mr. Sasser: Does everyone have a copy of the map? You are lookina to
erect a deck on the front of the house, is that correct? That is where
vour front door is?
Mr. Heady: Yes.
Mr. Sasser. T
can see from the
map that
you
wouldn't put it behi-nd the
house because
you would need a
variance
for
that. Could you tel -1 us why
you don't want
to put it to one
side or
the
other?
Mr. Heady: Well; we want i_t for the front door_
Mr. Sasser: Ts it elevated? no you need to put it tip to it?
Mr. Headv: Right; there is no stairs there; no nothing right now. There
Wappinger Zoning Board
Minutes - June 27; 1995
Page 1
was a deck there at one point and time..
Mr. Sasser: Before we go further T need a motion to open the public
hearing_
Mr. Prager: T make a motion to open the public hearing.
Mr. diPi.erno: Second..
Vote: All ayes.
Mr. Prager: Another words, there are no other doors leading out of that
house'7'
Mr. Heady: There is a back door.
Mr. Sasser: Are there any neighbors to the side of you?
Mr. Heady: There is one neighbor and she is here now.
Mr. Sasser: What is behind you there? Ts that Town of. Wappinger
Troperty, all vacant land?
Mr. Headv: Right_
Mr. Sasser: Does the Board have any other questions? T would like to ask
if there is anyone here in the public who would like to speak either for
or against this matter?
Ms. Harris: My name is Susan Harris. I am a tenant in the house across
the street. The house is legally owned by my parents. In view of the
fact that they have a family of 5 children, I certainly would absolutely
have no obiection nor my parents, the legal land owners. Tt seems like a
very logical thing to need a second entrance to the house and it would not
be oblect-ionable to us whatsoever.
Mr. Sasser: Thank you very much. Is there anyone else that would like to
speak? Let the record show that there was no one. Does the Board have
any further auesti.ons?
Mr. Fanuele: T make a motion to close the public hearing.
Mr. diPierno: Second.
Vote: A1.1 ayes.
Mr. Fanuele: T make a motion to grant the variance.
�Ofr. Prater: Second_
ROLL CALL
n
IR
Vote: All ayes.
In
Wappinger Zoning Board
Minutes - June 27, 1995
Paae 2
Mr. Sasser: T would like to add to the record that the variance that is
being requested is not going to he detrimental to nearby properties other
than by the neighbors who showed up and indicated that there will be no
detriment. It is not going to change the character of the neighborhood.
There really is no other feasible method as evidenced by the applicant
with regard to the property line in the back, the well on the side, the
walk on the other side, but you need to gain access to the door. It is
not going to change the neighborhood. As a result of that we're granting
the variance. This will be f.il.ed with the Town Clerk within 5 days.
Mr. Sasser: Next item, Appeal. #1.204 at the request of Rabco Landscaping &
Contracting. Inc. We received a letter from Rabco that thev were on for a
public hearing tonight. There was a problem with timely notification of
residents. Tt will have to be put on for a public hearing on July the
10th. T don't presume that the Board has any problem with that.
Mrs. NauyPn: July 11th.
Mr. Sasser: T have July 10th on here. Ts the 11th the correct date?
July 11th. He has a couple of times mixed up the dates. Would you make
jL ire that he understands?
Mrs. Nauven: Yes, I gave him the legal notice already and everything.
Mr. Sasser: The next item on the agenda tonight is Appeal 41.206 at the
request of Bertha & Donald Geraghty who are seeking a variance of Article
TV, Section 421..6; where you are required to maintain a 1.0 ft. side -yard
and you are showing 5 ft., thus requiring a 5 ft. variance for an existing
shed on property located at 11 Lydia Drive and is identified as Tax Grid
-119-6257-03-115232-00 in the Town of Wappinger. Can T have a motion to
open the public hearing?
Mr. Praaer: T make a motion to open the public hearing.
Mr. diPierno: Second.
Vote: All. ayes.
Mr. Sasser! You were going to take a photograph of the shed?
Mr. Geraghty: Yes.
Mr. Sasser: This is a wooden shed, right?
Mr. Geraahty: Yes_
. Sasser: How long has the shed been there?
Mr. Geraahtv: Ten or twelve vears.
Mr. Sasser: You are selling your house and moving out of the area, if T
remember correctly?
Wappinger Zoning board
` Minutes - Tune 27, 1995
Page 3
Mr. Geraghty: Yes; I am putting it on the market Friday -
Mr. Fanuele: You have some screening around it now.
Mr. Sasser: Does the Board have any other questions of the applicant? Ts
there anyone in the public who would like to speak for or against with
regard to this matter? Let the record show that there was nobody_
Mr. Fanuple: I believe you have a Letter.
Mr. Geraghty: Yes; there is a letter from the effected neighbor.
Mr. Sasser: All right, I will read this into the minutes. This is a
letter from Kevin and Kathleen Quinn, addressed from 9 Lydia Drive;
Wappinger Falls to the Board of Appeals regarding Appeal #1.206.
"Gentlemen: Mr. & Mrs. Geraghty have spoken to us regarding their request
for a 5 ft. variance for a shed situated on their property. The shed is
located within 5 ft. of our property line. Please be advised that this
situation is perfectly acceptable to us and we do not have a prohlem with
the location of the shed." It is signed by Mr. & Mrs. Quinn. Any further
cniest ions?
Praaer: I make a motion that we close the public hearing.
Mr. di_Pierno: Second_
ROLL CALL,
Vote: All ayes.
Mr. Fanuele: I make a motion to grant the variance.
Mr. diPierno: Second.
ROLL CALL
Vote: All aves.
Mr. Sasser: I vote ave and I would also like to add to this that the
variance is not going to produce an undesirable change to the character of
the neighborhood. There is no detriment to any of the properties. Tt has
been there for some period of time. There is no feasible method to move
it and it is not a substantial variance. The motion has been granted and
it will be filed in 5 days. One final_ item of business tonight is Spotted
Owl Development whi_c.h was going to be on for tonight, but there has been a
problem with trying to get both Al_ Roberts & Joel Hanig and the applicant
together. There is a couple of dates that which might be open for a
Gpecial hearing because T understand that they are going to come in for%00
whole presentation before the Board so we can understand very clearly
what is haunening in this situation.
Mrs. Nguven: So
far T have
Aug
1, 2,
and
3. T haven't checked with Mr.
Parsons because
I couldn't
get
a hold
of
him.
` Wanpinger Zoning Board
Minutes - June 27, 1995
Page 4
J
Mr.
Sasser:
Aug
1 or
3 is all right
with
me_
Mr.
Prager:
The
third
is no good for
me.
The first is o.k.
Mr.
Fanuele:
Aug 1st is o.k.
Mrs.
Nguyen:
As long as it i.s o.k. with Mr. Parsons,
I will let you know.
Mr.
Sasser:
If not we wi1.1 reschedule because i.t was
never noticed as a
publA
c hearing ...
Mrs.
Nguyen:
No, it wasn't on for tonight. It is on
for July 11th.
Mr.
Sasser:
Is there any further business before the
Board? We will
adjourn.
Mr. Prager: I make a motion to adjourn.
Mr. diPierno: second.
Vote: All ayes.
"ETING ADJOURNED AT 7:46 P.M.
Respectfully submitted,
. Linda Ogi%#en, Secretary
own of Wappinger Zoning Board of Appeals