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2002-05-29 Town of Wappinger Zoning Board of Appeals Date: May 29, 2002 Time: 7:30PM Town Hall 20 Middlebush Rd. Wappingers Falls, NY In Attendance: A. Lehigh, Chairman G. diPiemo, Member v. Fanuele, Member H. Prager, Member D. Warren, Member M1NUrijfj APPROVEEJ JUN .2 5 2002 Also in Attendance: Michelle Gale, Secretary - ZBA Tatiana Lukianoff - Zoning Administrator Summary Public Hearing Mr. & Mrs. 1. Kilkenny Mr. Mancuso APH 6/11/02 Discussions: Mr. & Mrs. G. Merrill Mr. & Mrs. S. Murray Ms. T. Tavel Variance Granted for 5 f1. rear yard only APH 6/11/02 Set PH 6/11/02 Set PH 6/11/02 Mr. & Mrs. Waddell & Mr. & Mrs. Leduc Set PH 6/11/02 Mr. & Mrs. Boyle Set PH 6/11/02 Minutes to be Approved: May 18th & 20,2002 - Site Inspection Mr. Lehigh:- Do I hear a motiqn? Mr. Fanuele: I motion to approve Mr. Prager: Second All in favor - all present voted - Aye ",;...:: 2 \.r Appeal No. 02-7122 Mr. & Mrs. John Kilkennv - Seeking an area variance of Section 240-37 of District Regulations in an R20/40 Zoning District. Whereas as rear yard setback of 50 feet is required, the applicants are proposine a rear yard setback of 33 feet. to have an existine above ground pool remain where it is. thus requesting a variance of 17 feet. The property is located on 110 Osborne Hill Rd. and is identified as Tax Grid No. 6156-02-557753 in the Town of Wappinger. Mr. Prager: I make a motion to open the public hearing. Mr. diPiemo: Second All in favor - all present voted - Aye Mr. Prager: Just state your name for the record, and then explain exactly what you need. \.,. John Kilkenny - should I explain... Mr. Prager: Yes Mrs. Kilkenny: We have an existing above ground pool, we didn't have a building permit when we put it up, so we're here looking a variance because it's not 50 feet from the neighbor's property, we have 33 feet, therefore we need a variance to leave it where it is. Mr. Lehigh: We have a letter from a neighbor, Judith Ann Pavalock, 3 Fleetwood Dr. 1'd like to have that letter accepted in as evidence. \r Mr. Prager: I just have some questions about it. It was stated (have you seen the letter?) Mrs. Kilkenny: No I haven't Mr. Prager: Why don't you read it for the record? Mr. Lehigh then read from the letter of deposition from Mrs. Pavalock. Mrs. Kilkenny: It's a three family house, we have tax bills here that zone it a three-family house, and it's been that way since the previous owners owned it. We have a car parking area in the front of the yard that's designated for cars, everybody parks in neatly. Mr. Prager: You have a permit for that pool? 3 '-' Mrs. Kilkenny: No, that's what we're applying for - that's why we are here, today. Mr. Prager: Did you have to make a building permit out for that. Mrs. Kilkenny: Yes, that's what we're doing, we're in the process of that. Mr. Lehigh: The sheds, you're in the process of getting the permits for the sheds. Mrs. Kilkenny: They need to be 10 feet from the property line, and they are over 10ft. at this point. We have a permit paid for as of yesterday. Mr. Prager: That paperwork is not completed? Mrs. Kilkenny: We'll get a call at some point, whether they are going to be approved or not, they are standard sheds they were bought in any store. \.r Mr. Prager: We noticed that when we came to look at the property. Mrs. Kilkenny: As far as the mess of the property, we have construction going on, when you have four kids there are certain things that go around, bikes whatever they would play with through the 10 or 11 years - 12 years now we live there, in July. Mr. Lehigh: Any other questions? Mr. Fanuele: You are in the process of getting CO's? Mr. & Mrs. Kilkenny: Yes - we're trying to do everything the way it supposed to be done, we weren't aware we needed for the pool until we applied for the dining room we're putting up. Mr. Fanuele: Do you have a building permit for the dining room? Mrs. Kilkenny: Absolutely, yes that's what started this because we knew we needed it for the dining room, we were not aware we needed one for the pool, so that's what started the pool issue, we were not aware that we needed one for the shed. \. Mr. Lehigh: Any other questions from the Board? (None) Mr. Lehigh: Then I'd like to open it to the public. 4 \w ~ Mrs. Pavalock: Mr. Kilkenny's property sits on a bit of a knoll, we share about a 200 ft. property line with them. In the last part of my complaint that you didn't read was that over the last 10 or 12 years we've been very disappointed in the decline of the property and how it's been maintained. the pool is directly in our eye-shot from our deck, and certainly accented by the fact that it's on a bit of a knoll, the pool is perched on the crest ofa slope, and we are at the bottom oftl1e slope, that's one issue that's in my complaint - secondly, they've done no landscaping around the pool, there are concrete blocks hanging, weeds growing up, it's rather unsightly. The fact that it's 17 feet too close to our property is an issue because, while I understand in our town you're required to keep your property in a certain manner, it's displeasing to us, so we wanted to make you aware of that, and do with it what you may '-" Mrs. Kilkenny: To counter -state what she just said - we put that pool up 12 years ago, before their deck.. . their deck went up 2 years ago, so when we put the pool there was no issue about that deck - for their interference or view from the back deck - it only went up 2 years ago. In fact when we put that up, Bob was living by himself, and he was quite agreeable to whatever we were doing with the kids, there was no problem at that point. Mr. Prager: You did mention some concrete blocks.. Mrs. Pavalock: Yes Mr. Prager: In the picture here, I noticed some concrete blocks, looks like holding... Mr. Kilkenny: That's to keep the cover on. Mrs. Kilkenny: Yes, holding the cover down, most people use Clorox bottles filled with water. ~ Mr. Prager: My suggestion is to try to use a bungee cord or something. Mrs. Kilkenny: I guess we could. ~ Mrs. Pavalock: I just want to say, I've lived at the property since 1995, and yes my husband and I have turned the other cheek for several years, and this is the first opportunity that we had some recourse through the Town, too speak and as I said, it's partly subjective issue, I realize that people are entitled to maintain their property in whatever state of repair or disrepair they may, but certainly this is an opportunity for us to..... Mr. Lehigh: It's not the Board's judgment to go and judge one property against another, as to which is better kept and so forth, if there is some problem like that, we may suggest some screening or additional screening, when we grant the variance. The fact that the pool has been in for a number of years that was the time to complain when the pool went in. (Mrs. Pavalock: Frankly, I didn't realize it was illegally placed.) The fact that nobody did, we're not moving the pool or installing a pool or anything like that, we trying to make it legal. The sheds, they're taking care of.. there is a building permit, you could complain, there's not a lot we could do. Mr. Prager: I think one suggestion is (do you people talk to each other?) Mrs. Kilkenny: We're quite friendly with Bob, I don't know why he stopped talking to us. ~ Mr. Lehigh: Jt might be nice if you put in a couple of 5 ft. pine trees. Mrs. Kilkenny: Actually he tried that, and they didn't grow, it's not a good spot for that. Mrs. Pavalock: Prior to the fence, we had a 200 ft. stretch of arbor vides, which didn't grow. Mrs. Kilkenny: It's not intentional, like I said, four children does lead to things that you don't have - when you don't have any children, so there is a 5 '-' different standard of living going on in our house, vs. their house, and the fact that we do have two income apartments, which are legal, and were there when we purchased the house, I think we.... \... Mr. Kilkenny: The kids, they're grow out of it now, kids are kids. Mr. Prager: You have to have a certain type of feeling for your neighbors. Mrs. Kilkenny: Now we're going through the phase, where we have four kids each one ofthem has a vehicle, legally, they're allowed to have vehicles if they can afford to buy them, and insure them... they're parked around the house, we can't do a lot about that.. .that's our property, that's the only place we're allowed to park they cars. Mr. Lehigh: You've done everything but NEG DEC, do you want to leave that. Mrs. Kilkenny: Can I just make a point, there was a complaint about the well, we have our own well, now I understand that they are on the public water line that serves Fleetwood.. .we're one of the few people that are left on the well. Mrs. Pavalock: We have a well. Mrs. Kilkenny: Do you use the well? Mrs. Pavalock: Yes, we use the well. Mrs. Kilkenny: And are you hooked up to the public water line, as well? Mrs. Pavalock: No, we have a well. Mr. Fanuele: If the house is approved as three-family... Mrs. Pavalock: Is it? Mrs. Kilkenny: Yes, it is - I have it right here on my tax bill. Mrs. Pavalock: I was into the Town Hall, last week and I was told it was a two-family, they must have given wrong information. Mr. Lehigh: Can we look at that please? . Mr. Prager: Can we get a copy? Mrs. Gale: Yes Mrs. Kilkenny: (referring to the tax bill...there it's marked a three-family '-' 6 7 '-' and that's back when Ed.... Mr. Fanuele: Where is your septic system..do you have a septic system? Mrs. Kilkenny: It's actually on back to the left from where the pool is. Mr. Fanuele: Left of that pool? ~ Mrs. Kilkenny: Yes, that's why we couldn't move the pool that way, because that's where the septic and the lines all run under there. As far as being sloppy housekeepers - we won first prize in the Village of Fishkill in another property we own, for decorations at Christmas time - we're not sloppy pe9ple. Mr. Lehigh: I don't really want to get into that. Motion to close? Mr. Fanuele: I make a motion we close the public hearing. Mr. Warren: Second All in favor - all present voted - Aye Mr. Lehigh: Do I hear a motion to approve the variance? Mr. Fanuele: I'd like to make a motion that we table the variance until we get some information on the sheds from Building. Mrs. Kilkenny: But are they not separate items? Mr. Fanuele: We can't approve a variance ifthere's a violation. Mrs. Kilkenny: At what point will we find out? Mr. Prager: By the next meeting, I assume the people working on it, will have it taken care of. Mrs. Kilkenny: So where does that leave the use of our pool, we haven't done anything with it yet? Next meeting Mr. diPiemo: I'll second Mr. Lehigh: How about the NEG DEC, move the NEG DEC. Mr. Fanuele: We can do it at the next meeting. '-' \.- ~ Mrs. Kilkenny: Can I ask what that is? Mr. Lehigh: It means that there's no environmental problems, if there was an environmental impact. Mr. Prager: The reason I'd do it is to make sur~ the shed are in the proper place, environmentally, 10 feet away from the pool. Mrs. Kilkenny: We checked, one's 12 feet, the other is 11 '6" Mr. Lehigh: So we'll give you an opinion at the next meeting, which is June 11th. We've gone through everything, all you have to do is come on June 11 th . Mr. Fanuele: I'd like to make one comment, as far as the ground, the condition of it - some people are more neat than others, it's their property - we can't do anything about that, as the Zoning Board. '-' 8 9 APPEAL NO. 02-7124 '-" Mr. & Mrs. Mancuso - Seeking an area variance of Section 240-37 of District Zoning Regulations in an R-20 Zoning District. 1. Whereas a side yard setback of 10ft. is required, the applicants are proposing a 2 ft. side yard setback, thus requesting a variance of 8 ft. 2. Whereas, a lOft. rear yard setback is required, the applicant is proposing 1.5 ft. setback, thus requesting a variance of 8.5ft. to have a 10 x 14 ft. wooden shed on the property. The property is located at 85 Scott Dr. and is identified as Tax Grid No. 6257-04-732407 in the Town of Wappinger. Mr. Lehigh: I need a motion to open the public hearing. Mr. Warren: So moved '-' Mr. Prager: Second All in favor - all present voted - Aye Mr. Lehigh: OK, do you want to explain what you need and want? Mr. Manucso: What I'm looking to do is put a shed in my back yard on the right side comer. The reason I want to put it there is, if I put it on the other side, there is a Town Easement, which has been known to flood over, and the town does come out with machinery and clean it and I really don't want to block that, because I want it cleaned so I don't have a problem. Behind me is just woods and the other side of me, my neighbor does have a shed in that same comer where mine would go and I don't think he really have a problem with it, because it would be right beside his. Mr. Fanuele: What's the property in back of you? (Audience member - that's my mothers) Mr. Fanuele: Somebody owns that property? (Audience member - Wendy Stafford - yes, my mother and I own it) Mr. Fanuele: Is there a house on it? Ms. Stafford: Yes, in the front part, the back is wooded area. \.r '-' '- Mr. Prager: We did look at it, my concern again, I don't see any reason why you can't keep the 10 feet on the side, I think you can move it over without any problem, I notice you do have a knoll there, so moving it forward - I think you could probably do it at least 5ft. - you've got a foot and a half away from the fence, I tpink you could still do it at least 5 ft. - I feel (myself) how I feel, if we make a 80% variance for the side - 85% for the rear, if we start to give variances like that, we might as well change the zoning, we can't do that - I would not be in favor of an 80% variance. At least if you move it forward the 5 ft, then it gives the 50% - which is really too high also, but at least I could live with that being you're moving it over - you're only getting one variance. '-" Mr. Warren: I agree with Mr. Prager. Mr. Lehigh: You want it 10ft. on the side and 5 ft. on the rear. Mr. Prager: Yes, I would go along with that - and of course we'll hear from the people in the audience, first - that's my feeling at this time. Mr. Lehigh: Could you live with that? Mr. Mancuso: I guess I have to. Mr. Prager: Why don't you state your name - come on up. Audience Member: I am Wendy Stafford of 409 Old Hopewell Rd., and I'm just curious which property it is? Mr. Mancuso: When you come down the street I'm the third house on left. . (Explaining to each other, where their property meets). My property is at the back of yours, behind my property is all woods, on the right is where your yard opens up. 10 Ms. Stafford: All that property is one parcel. \.. \.. Mr. Mancuso: Basically, my property is in your wooded area, where the fence is on the side going up the other way is the neighbor's house - that's who built the shed, that's where you're seeing construction. Ms. Stafford: So, he just built a shed and you want to build a shed. I would like to see what's going on. Mr. Mancuso: I have it all staked out and everything. Ms. Stafford: The other shed is right up against my property, there's no... Mr. Prager: Yes, we saw that. Ms. Stafford: What's going on with that? That's what I thought I was here for. Mr. Lehigh: If you want to file a complaint with the Zoning Administrator, but we already picked that up and he's going to do something with it, he's coming in with a building permit and ifhe isn't putting it with the 10 feet on either side, then he's going to have to get a variance, just like this gentleman, and you'll be notified again, like you were this time. Ms. Stafford: So he just put the shed up not thinking there was any problem, and it is a wooded area, but my concern is that we have a well and there is an easement back there, where water flows and that all effects my water system I'm curious - what are they putting in the shed? Are they putting lawn fertilizers - are they putting pool chemicals, those sorts of things, I would have concerns about leakage. Mr. Mancuso: What would be in mine is my lawn mower, yard stuff, and I was going to build a shelf and inside the top Christmas trees. Ms. Stafford: No chemicals Mr. Mancuso: That's all in my garage Ms. Stafford: Could I come and look at it? Mr. Prager: I know you're not familiar with his property, but we went out and saw it, the back of his property is high and slopes down - it's possible he could move it the 10ft. but it would be up in the air. '-' 11 ~ Mr. Lehigh: We made him move in 5 ft. from the back. Ms. Stafford: Could I come over and look at it? Mr. Lehigh: You could go look at it, but we're going to make a determination tonight. Ms. Stafford: Even if! say I don't know until I see it. Mr. Lehigh: Either way (Mr. Lehigh went on to explain to Ms. Stafford ~he process of the public hearing.) Mr. Lehigh: Does anybody else like to speak? I need a motion to close the public hearing Mr. Prager: So moved Mr. Warren: Second ~ All in favor - all present voted - Aye Mr. Lehigh: I need a motion on a NEG DEC Mr. Prager: I move for a NEG DEC Mr. diPiemo: Second All in favor - all present voted - Aye Mr. Lehigh: Gentlemen, I'll entertain a motion? Mr. Prager: I make a motion that we grant the variance, but we grant it for only the rear setback of 5 ft. Mr. diPiemo: I second that Mr. Prager: The side variance is denied Roll Call Vote: Mr. Warren - Granted Mr. diPierno - Granted Mr. Prager - Granted, rear variance only - for 5 ft. Mr. Fanuele - Yes, granted Mr. Lehigh - Yes '-" 12 13 ~ Appeal No. 02-7126 Gustave & Patricia Merrill- Seeking an area variance of Section 240-37 of District Regulations in R-20 Zoning District. Whereas a side yard setback of20 feet is required. the applicants are proposinl! a 13 foot side yard setback. to have an existing pool remain where it is. thus requesting a 7 foot variance. The property is located on 9 Tor Road and is identified as Tax Grid No. 6257-02-865807 in the Town of Wappinger. Mr. Lehigh: I need a motion to open the public hearing. Mr. Warren: So moved Mr. Prager: Second All in favor - all present voted - Aye ~ . Mr. Merrill: We're asking for a variance of7 ft. for the side for the pool that was put in 1982 and it's 13 ft. from the property line, it needs a 7 ft. variance. Mr. Prager: At the last meeting there was a question about your shed, could you explain it. Mr. Merrill: The shed was put in 1970, we bought the house in 1982, there were two previous owners, the shed has been there forever. I don't know when the zoning came in for distance on the shed, I don't think the zoning was there when the shed put in. Mr. Prager: Yes, it was since 1963 is when zoning came into effect. I know we had asked the Deputy Building Inspector to send us some information because at that time, your wife had mentioned he had been out there, and he thought it was OK - but we had asked him for something legal, we have to go by the legal side of it, and as of tonight we haven't gotten from him as far as - he send us a letter, but it doesn't state that anything would apply legally, did I read it wrong, or am I correct? Mr. Fanuele: You were correct. Mr. Lehigh: To explain it to you - we cannot grant a variance on a property if there is a violation, do you understand? '-'" 14 ~ Mr. Merrill: I understand - I don't understand why there wasn't a violation when we bought the house or the other people bought the house, it's on the map and it shows the structlfre, it's not something we put on there. Mr. Lehigh: I don't understand that either. Mr. Merrill: And it's 33 years old? Mr. Prager: By law, we cannot do it - it's not that we don't want to do it, we'd love to do it. Mr. Lehigh: Personally, with the pool- which is what you're asking the variance for, I have no problem with that - does anybody else? Other members: No Mr. Lehigh: We have no problem with the variance itself, the thing is - we need to know what to do with the shed, now, the Town is suppose to be acting on this in the near future - it will take care of our shed problem. What we would like to do is hold you in abeyance until next month. Mr. Merrill: That means I loose my mortgage rate - I loose the rate that I was going for, I told you that. (Went on to explain the recourses he has to take or can take). Mr. Lehigh: We explained everything. Mr. Fanuele: Does anybody in the audience want to make any comments on this variance? (Audience member - have these setbacks always been in place?) Board Members: Since 1963 Mr. Fanuele: I would make a motion, since there's no other public here to close the public hearing. Mr. Lehigh: We should adjourn it - give him a chance to apply for a variance, or give the Town a chance to change the law. Mr. Fanuele: I make a motion to adjourn the public hearing. Mr. Warren: Second All in favor - all present voted - Aye ~ \..- 15 ~ Appeal No. 02-7127 Stephen & Sherry Murray - Seeking two area variances of Section 240-37 of District Regulations in R-40 Zoning District. 1. Whereas a rear yard setback of 50 feet is required, applicants are proposing a rear yard setback of 38 feet. thus requestinl! a variance of 12 feet 2. Whereas a side yard setback of 25 feet is reauired, applicants are proposing a side yard setback of 12 feet. thus requestinl! a variance of 13 feet, (THIS IS AMENDED FROM APPLICANT'S REQUEST - THE SHORTER SETBACK OF 12 FT AT THE REAR OF BUILDING IS THE DISTANCE APPLICANT CAN PRO VIDE- PER SURVEY). to construct a 32' x 40' detached l!aral!e. The property is located on 6 Paulette Lane and is identified as Tax Grid No. 6459-03-045207 in the Town of Wappinger. Mr. Lehigh: Do you want to explain to us the garage and why you need it? Mrs. Murray: We have five registered vehicles ourselves, and we also live with my mom and she has a handicapped van, there's an existing two car attached garage, we need that for the van - she can in and out of the van and go right in to the front door and not be out in the weather. With the van opening on the side, we can't have another car in that garage. ~ Mr. Lehigh: So that's in one comer of the house? Mr. diPiemo: What kind of house do you have? Mrs. Murray: It's a flat ranch Mr. Lehigh: The garage is attached to the house, it's not under it, right? Mrs. Murray: It's all attached, one level- she's in a wheelchair, so it's one level for her, and we have our five vehicles and we to get them in and it looks better for the yard, not to have them in the driveway, and we want to get them out of the weather, and back a few months ago one of our cars, freezing rain the locks freeze, so left it unlocked and someone went into our glove box and into our car, so we don't want to have everything outside, if we have it in the garage, I can leave it unlocked and not worry about the weather. That's why the garage is so large-dimension wise to get five cars, it becomes a six car (six bays) we want to have all the vehicles in there. \...- ~ Mr. Lehigh: We'd like to come out Saturday. Stake out where the garage would be and where your property line is, we can take a look at that. 1'd like a motion to have the Zoning Board be Lead Agency? Mr. diPiemo: So moved Mr. Warren: Second All in favor - all present voted - Aye Mr. Lehigh: We'll leave the NEG DEe until we look at it. So June 11 th will be your public hearing. ~ \. 16 17 Appeal No. 02-7128 \... Tori Sue Tavel- Seeking an area variance of Section 240-37 of District Regulations in R-15 Zoning District. Whereas a side yard setback of 15 feet is required, applicant is proposing a side yard setback of 7ft. 8 inches. thus requestin2 a variance of 7ft. 4 inches. to construct a 34' 7" x 22' L shaped open wood deck. The property is located on 18 Orchard Dr. and is identified as Tax Grid No. 6257-01-278530 in the . Town of Wappinger Ms. Tavel: Basically, what I have is an existing deck, it was already there, it's old and I want to take it down and put up a new one. When I came in for the permit, that's when I found out what was there isn't legal. On the side there, the house is at lOft. 8 inches and I'm required to have 15ft. - I want to build an extension off there and I wanted to go 3 ft. offthe ext~nsion just to put stairs to come off that side of the house. Mr. Prager: Do you have to have the stairs there? Ms. Tavel: I don't have to, I'd like to - to go on that side of the house. ~ Mr. Prager: It would help you as far as the variance, because as of now you're up to about 46% - so that would help if you did not have it go out the extra three-feet. Ms. Tavel: Could I go out even with the house, come out 10ft. 8 and have the step. Mr. Prager: Go out a little less, so you'd be flush with the house. Do you know how far for the house? Ms. Tavel: Ten-feet, 8 inches Mr. Prager: What I'm saying is now it's 10ft. 8in. instead of7.4 - it's 4 ft. 4 in. Mr. Lehigh: Saturday, we'll come around and do a site inspection. If you could mark that out a bit. We'll set the public hearing for June 11th \.. 18 '-" APPEAL NO. 02-7129 JAMES & DIANE WADDELL (former owner of property) for ROGER LEDUC (new owners) - Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. Whereas a side yard setback of 25 ft. is required. applicant is proposint! a side yard setback of 23.' to construct an 11' x 4' stairs to a 10' x 12' rear open wooden deck. thus reQuestint! a variance of l' 9". The property is located at 44 Pye Lane and is identified as Tax Grid No. 6258-03-055019 in the Town of Wappinger. Mr. Lehigh: I understand the property was owned by the Waddell's it's now owned by.. ..Leduc's Ms. Todd: I'm the Real Estate Agent, and this is the new owner. Mr. Prager: Your name? Susan Todd, I'm with Caldwell Banker. Mr. Fanuele: Why are you putting in a set of stairs? ~ Ms. Todd: He doesn't want to make any changes, what we had to do, when I listed this property, the seller told me, they made no changes to the house. We were getting ready to close and this came up as a violation about a week before the closing, and Mr. Leduc had to close with money in escrow, until this was resolved. We were trying to close out a building permit, all he wants to do is obtain a CO, for his house. Mr. Prager: It looks to me like the deck, does it come even with the house or is it less than the house? Ms. Todd: It's much less than the house. Mr. Leduc: It comes right straight off the back of the house, shy about 2". I have a question, I'm receiving a variance of 1 ft. 9 inches, not a variance of 3 ft. 4 in., because at that point the house is not parallel to the property line, where the deck is its 23.25 ft. of the property line. Mr. Fanuele: So you're saying you need a smaller variance. Mrs. Lukianoff: I believe this is something that I'm responsible for, I directed Michelle to change that because I was looking at the house, not the deck. Mr. Prager: Your side yard setback is how much? ~ Mr. Leduc: At that point, according to the property diagram, the comer of the house is 23.25 from the property line. 19 '-' Ms. Todd: But the stairs are on the other side. There were no changes to the size of the deck, just the stairs were added, which was on the other side. Mr. Prager: I make a motion that the ZBA is Lead Agency. Mr. Warren: Second All in favor - all present voted - Aye Mr. Lehigh: I think we can make a motion on the NEG DEC. Mr. diPiemo: I make a motion on the NEG DEe. Mr. Warren: Second All in favor - all present voted - Aye Mr. Lehigh: I don't think we have to come out on this one, so we'll put you down for June 11 th for the public hearing. '-'" ~ 20 \..- Appeal No. 02-7130 Thomas & Barbara Boyle - Seeking two (2) area variances of Section 240-37 of District Regulations in R-15 Zoning District. L Whereas a 30 ft. rear yard setback is required, applicants are proposing a rear yard setback of 13 ft.. thus requesting an area variance of 17 ft. and 2. Whereas a 15 ft. side yard setback is required, applicants are proposing a side yard setback of 14 ft. thus requestin~ an area variance of 1 ft. to have existing deck around pool remain where it is. The property is located on 8 Gary PI. and is identified as Tax Grid No. 6258-01-073666 in the Town of Wappinger. Appeal No. 02-7131 Thomas & Barbara Boyle - Seeking an area variance of Section 240-37 of District Regulation in R-15 Zoning District. Whereas a 30 ft. rear yard setback is required, applicants are proposing a rear yard setback of 16 ft.. thus requestine: an area variance of 14 ft.. to have an existing 27 ft. above e:round pool remain where it is. The property is located at 8 Gary PI. and is identified as Tax Grid No. 6258-01-073666 in the Town of Wappinger. Mr. Prager: Do you have a permit for the pool? ~ Mr. Boyle: We applied for it and we were turned down. Mr. Prager: You're doing the paperwork for it. What brought this about - did you refinance? Mr. Boyle: I refinanced and nobody said anything to me, we're putting a porch on the front of the house, when the contractor came to get a permit for the porch, he was told about the pool, the deck, and the shed (which we have a permit for now), and a wood burning stove, which has been inspected by the Fire Inspector. Mr. Prager: _ Did you put the pool in? , Mr. Boyle: No, the pool has been there about 30 years. Mr. Lehigh: So all of your violations on the property are gone except for the pool and the deck. Mr. Boyle: Yes ~ Mr. Lehigh: I think we better go out and look at this one. 21 '-" So we'll come out Saturday, around 9:00AM and take a look at it. We'll put them on for June 11th for the public hearing. I need a motion to be Lead Agency. Mr. Prager: So moved Mr. diPiemo: Second All in favor - all present voted - Aye Mr. Lehigh: We'll leave the NEG DEe until we get to the public hearing. Mr. Fanuele: You've got no violations for the shed or the.... Mr. Boyle: The shed is fine, just didn't have a permit, but it's far enough away from the line. Mr. Fanuele: How long have you been here? Mr. Boyle: Since 1993 Mr. Lehigh: Then we'll be out Saturday and take a look, if you could just stake out your property line, show us where that is. '--' Meeting ended at 9:30 PM Respectfully Submitted, '-1-'c YL< 0 oY~ Michelle D. Gale Secretary - Zoning Board of Appeals '-'