2002-03-26
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Summarized Minutes from March 26, 2002
Zoning Board of Appeals
Town of Wappinger
MINUTES
MINUTES
APPROV=O
APR 0 9 2002
Zoning Board of Appeals
March 26, 2002
Summarized Minutes
Town of Wappinger
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Members Present
Mr. Lehigh,
Mr. Fanuele,
Mr. diPiemo,
Mr. Prager,
Mr. Warren,
Chairman
Vice Chairman
Member
Member
Member
Others Present: Mrs. Lukianoff, Zoning Administrator
Mrs. Gale, Secretary
SUMMARY
ADJ. PUBLIC HEARING
Annmarie Kozuch
Variance Granted
Jeffrey Poorman
Variance Granted
DISCUSSION
Nicholas Squillace
Set PH 4/09/02
Minutes for Approval: March 12,2002
Mr. Warren: I motion to accept.
Mr. Prager: Second
All in favor - all present voted - Aye
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Summarized Minutes from March 26, 2002
Zoning Board of Appeals
Town of Wappinger
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ADJOURNED PUBLIC HEARING:
Appeal No. 00-7078
ANNMARIE KOZUCH - Seeking area variance of 4.9 f1. for minimum side yard
of 40 f1. for a single family residence, from Section 240-37 for R-80 Zoning District.
Applicant has 35.1'. Property is located on 16 Ada Drive and is identified as
Tax Grid No. 6157-04-957160 in the Town of Wappinger.
Mr. Lehigh: I need a motion to open the Adjourned Public Hearing.
Mr. Prager: So moved
Mr. diPierno: Second
All in favor - all present voted - Aye
Mr. Lehigh: We've got a letter which states that you're there legally, as far as I'm
concerned, that's all I need to hear the case - it's a very minimal distance for
a variance. I have no problems, anybody else?
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Mr. Fanuele: The only thing you had was the road frontage and that's been resolved.
I make a motion to close the public hearing.
Mr. Prager: Second
All in favor - all present voted - Aye
Mr. Lehigh: We did the NEG DEC already, didn't we the last time?
Mr. Fanuele: I make a motion to have a NEG DEC
Mr. diPierno: Second
All in favor - all present voted - Aye
Mr. Lehigh: Anybody else in the audience want to speak?
(No response)
Mr. Fanuele: I make a motion we grant the variance
Roll Call Vote:
Mr. Warren - Granted
Mr. diPierno - Granted
Mr. Prager - Granted
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Summarized Minutes from March 26, 2002
Zoning Board of Appeals
Town of Wappinger
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Mr. Fanuele - Granted
Mr. Lehigh - Granted
ADJOURNED PUBLIC HEARING:
APPEAL No. 02-7118
Mr. Jeffrey Poorman - Seeking an area variance of Section 240-37 of District
Regulations in R-40 Zoning District. Whereas a side yard setback of 25 feet is required,
applicant is proposim! a side yard setback of 10 ft. 6 inches to construct a bi-Ievel
open wood deck. thus reQuestin~ a variance of 14ft. 6 inches. The property is located
at 17 Gold Rd. and is identified as Tax Grid No. 6258-04-872481 in the Town of
Wappinger.
Mr. Lehigh: And I've got a correction on that - it's 8 feet 3 inches - the variance
is 16 feet 9 inches.
Can I have a motion to open the adjourned public hearing?
Mr. Warren: So moved
Mr. diPierno: Second
All in favor - all present voted - Aye
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Mr. Lehigh: We got the survey.
Mr. Poorman: That took some doing to get.
Mr. Lehigh: Just for the line?
Mr. Poorman: No - just to get a surveyor out, within a month - they actually finished it
up on Monday afternoon. What did change was the distance between the house
and the property line, on the original survey that you have lists it 6 foot 6 inches
on the new survey it lists it 6 foot even. The one thing on there, we assumed the
fence was the line, and it's not - which changed the dimensions from 14 to 16.9
I believe.
Mr. Lehigh: We have that information, is your neighbor here tonight?
Mr. Ciaccio: I'm here
Mr. Lehigh: We've been through everything before, is there anything you want to add?
Mr. Ciaccio: No - I'm really just here to see that the distance was right, so I think I
agree with that.
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Mr. Lehigh: Alright, that's the only reason we wanted it, so we get the variance correct.
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Summarized Minutes from March 26, 2002
Zoning Board of Appeals
Town of Wappinger
It's still extenuating circumstances were the house and the lot, which doesn't
change.
Mr. Prager: I just want to say - it is still a very large variance, the only thing is
the house itself isn't going to move so it was built that way a number of years ago
and Mr. Poorman has moved the deck already, actually further away from the
property line than it was originally, other than that just wanted to state it is a very
large variance, under these circumstance (pre-dates zoning) I don't think have
any problem with that.
Mr. Lehigh: Does anybody else have anything?
Mr. Fanuele: I would tend to grant the variance for the deck - and the deck only.
Mr. Lehigh: I think we did the NEG DEC on this one - ifnot, we'll do it again.
Mr. Warren: I make a motion for a NEG DEC
Mr. diPiemo: Second
All in favor - all present voted - Aye
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Mr. Lehigh: I need a motion to close the public hearing.
Mr. Fanuele: So be it.
Mr. Prager: Second
All in favor - all present voted - Aye
Mr. Lehigh: Do I hear a motion on the variance?
Mr. Fanuele: I make a motion we grant the variance with the condition - for a deck
only.
Mr. Warren: I'll second that
Roll Call Vote: Mr. Warren - Granted
Mr. diPiemo - Granted
Mr. Prager - Granted
Mr. Fanuele - Granted
Mr. Lehigh - Granted
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Summarized Minutes from March 26, 2002
Zoning Board of Appeals
Town of Wappinger
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Next Item:
DISCUSSION:
APPEAL No. 02-7120
Mr. & Mrs. Nicholas Squillace - Seeking an area variance of Section 240-37 of District
Regulations in R-20 Zoning District. Whereas a side yard setback of 20 feet is required,
applicant is proposin2: a side yard setback of 16 ft. to construct a 16' x 22'
residential addition and enlar2:in2: rear open deck. thus requesting a variance of 4
feet. The property is located at 10 Applesauce Lane and is identified as
Tax Grid No. 6258-04-664026 in the Town of.Wappinger.
Mr. Lehigh: Do you want to tell us what you need and why you need it.
Mr. Squillace: I've out grown the house and I actually need a bigger garage and in the
process I'm going to add to the bathroom and bedroom, also.
Mr. Lehigh: Now this is not constructed, as yet?
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Mr. Squillace: No
Mr. Prager: You said you need a larger garage.
Mr. Squillace: I need another garage, I've got a two car garage now, and I actually
need a bigger garage.
Mr. Prager: Your proposed addition is going to be a garage?
Mr. Squillace: It would be a garage with a bedroom and bathroom above.
Mr. Lehigh: So the garage would be underneath it?
Mr. Squillace: Yes
Mr. Fanuele: It's a two-story addition.
Mr. Squillace: Yes, it will be a garage and a bedroom, it's a raised ranch.
Mr. Lehigh: You're doing this yourself?
Mr. Squillace: Yes I am - I've been in construction for about 35 years.
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Summarized Minutes from March 26, 2002
Zoning Board of Appeals
Town of Wappinger
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Mr. Lehigh: The deck isn't there now?
Mr. Squillace: There is a deck and a pool.
Mr. Lehigh: There's a deck and a pool in the rear yard?
Mr. Squillace: Yes
Mr. Lehigh: The deck - you'll tear down and rebuild?
Mr. Squillace: I'm going to add on to that deck - I may put a new deck on it, I'll be
putting girders and joists in - roughly 7 feet by 12 feet is going to be the deck.
Mr. Lehigh: It's going to be shorter than the house, in other words it isn't going
as far in the backyard.
Mr. Squillace: I think it will.
Mr. Lehigh: You really need some actual drawings with exact measurements on them
so we know what we're going to grant. I see it says 13 x 7, and your proposed
addition says 16 feet.
Mr. Squillace: The deck is going to be roughly 7 x 16 feet is going to be actual deck.
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Mr. Prager: You've got the existing deck right now, it says 13.7 x 11.7 is that
correct?
Mr. Squillace: The existing deck - yes.
Mr. Prager: So basically what you're going to do is tear that deck right off....
Mr. Squillace: The beams from the deck are going to stay, I just might put a new
deck on it new 2 x 6's, new flooring.
Mr. Lehigh: Then you would probably be building it the same size as what it is
here, right?
Mr. Prager: I see you've got a picture here, let's see what you've got.
(Approaching the dais, Mr. Squillace pointed out to the board members where
he would be putting this deck).
.
Mr. Lehigh: He's not tearing this down, he is adding to it.
Mr. Fanuele: It says the house is 18.6' from the property line?
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Summarized Minutes from March 26, 2002
Zoning Board of Appeals
Town of Wappinger
'-" Mr. Squillace: On the original survey, where they proposed it was supposed to
be 20, originally..... so, that had changed.
Mr. Lehigh: Did you have a variance on that?
Mr. Squillace: No - it was built like that.
Mr. Lehigh: Do you have a CO on it.
Mr. Squillace: Yes
Mr. diPiemo: When was this built, do you know?
Mr. Squillace: 1973, they said it pre-dated zoning.
Mr. Fanuele: There was zoning in '73.
Mr. Warren: When did you move in?
Mr. Squillace: Five years ago
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Mr. Prager: Do you have any paperwork on this, Tania?
as far as when it was built and why.....
Mrs. Lukianoff: It has a CO.
Mr. Prager: You have the information it, OK.
Mr. Lehigh: You're not going out on that addition, you're not squaring it out
to the end of the house?
Mr. Squillace: No - just going out about a foot.
Mr. Lehigh: I think we better take a look at this one.
Mr. Squillace: My neighbor actually did the same thing, next door instead of
the garage - he went on the other side of the house.
Mr. Lehigh: The deck needs nothing - what he needs is just the 16 feet on
that comer.
That's sewer and water up there, isn't it?
Mr. Squillace: Yes
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Mr. Lehigh: You're putting a bathroom in right?
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Summarized Minutes from March 26, 2002
Zoning Board of Appeals
Town of Wappinger
Mr. Squillace: Right
Mr. Lehigh: That's got to go through you (Tania), right?
Mrs. Lukianoff: Through the Building Inspector
Mr. Lehigh: And you're going to use the old garage space downstairs?
Mr. Squillace: Yes
Mr. Lehigh: Where you're old garage is, you can use that space for
a playroom.
Mr. Squillace: No - I need all the garage space I can get
Mr. Lehigh: I need a motion for Lead Agency
Mr. Prager: So moved
Mr. diPierno: Second
All in favor - all present voted - Aye
Mr. Lehigh: I think we'll hold off the NEG DEe until we look at it.
If you would take a stake and mark out your backyard for us
Mr. Squillace: Do you want me to stake out the addition also, and the
property line?
Mr. Lehigh: The additions and the property lines are really what we're
interested in.
So we'll come out Saturday morning about 9:00AM and take a look
at it.
We'll set the public hearing for April 9th - you'll have to get out
your notices.
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Summarized Minutes from March 26, 2002
Zoning Board of Appeals
Town of Wappinger
Mr. Fanuele: I make a motion that we adjourn.
Mr. Prager: Second
All in favor - all present voted - Aye
Meeting ended at 8 :OOPM
Respectfully Submitted,
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Michelle D. Gale
Secretary - Zoning Board of Appeals