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2002-06-11 Minutes of Meeting Town of Wappinger Zoning Board of Appeals Date: June 11,2002 Time: 7:30 PM NtNUYC8 APPROveO SEP 2 4 20D2 In attendance: Mr. Lehigh, Chairman Mr. Prager, Member Mr. diPierno, Member Mr. Fenuele, Member Mr. Warren, Member Also in attendance: Michelle Gale, Secretary Tania Lukianoff, Zoning Administrator SUMMARY: ADJOURNED PUBLIC HEARINGS: Mr. & Mrs. J. Kilkenny Mr. & Mrs. G. Merrill Variance Granted Variance Granted PUBLIC HEARINGS: Mr. & Mrs. S. Murray Ms. T. Tavel Mr. WaddelllMr. Leduc Mr. & Mrs. T. Boyle Variance Granted Variance Granted ADJOURNED 6-25-02 Variances Granted (3) DISCUSSION: E & S Overhead Doors Set Public Hearing for 6-25-02 Motion on Approval of Minutes for: May 14,2002 & Site Inspection for: June 1,2002 Mr. Warren: So moved Mr. diPiemo: Second All in favor - all present voted - Aye 1 ~ Mr. Prager: I've got a change - the one section of minutes was made up for 24 Pye Lane and that is not correct - we didn't go to Pye Lane, we went to 8 Gary Place - we need that changed. Mrs. Gale: I'll correct that. Mr. Lehigh: First order of business is an Adjourned Public Hearing APPEAL No. 02-7122 Mr. & Mrs. John Kilkennv - Seeking an area variance of Section 240-37 of District Regulations in R-20/40 Zoning District. Whereas a rear yard setback of 50 feet is required, the aoolicant is orooosin2 a rear yard set of 33 feet to an existin2 above uound 0001 remain where it is. thus reauestin2 a variance of 17 feet. . The property is located at 110 Osborne Bill Rd. and is identified as Tax Grid No. 6156-02-557753 in the Town of Wappinger. Mr. Lehigh: Do I hear a motion to re-open the Public Hearing? Mr. Prager: I make a motion to open the Adjourned Public Hearing. ~ Mr. Warren: Second All in favor - all present voted - Aye Mr. Lehigh: I think the only question we had was the building permits on sheds, which we have. Mrs. Kilkenny: I have them with me. Mr. Lehigh: Any questions, gentlemen? (No) Mr. Lehigh: I need a motion to close the Public Hearing. Mr. diPiemo: So moved Mr. Warren: Second All in favor - all present voted - Aye ~ Mr. Fanuele: I make a motion for a NEG DEe 2 ~ Mr. diPiemo: Second All in favor - all present voted - Aye Mr. Lehigh: All in favor in closing the Public Hearing All present voted Aye Mr. Lehigh: Would anybody like to make a motion? Mr. diPiemo: I make a motion to Grant Mr. Prager: I'll second Roll Call Vote - Mr. Warren - Granted Mr. diPierno - Granted Mr. Prager - Granted Mr. Fanuele: I'm going to Grant - but we don't have CO's yet. Mr. Lehigh - Granted ~ Mrs. Gale: The Building Department is working on the CO's as we speak. ~ 3 ~ \.. '-' ADDeal 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 reauired. the aDDlicants are DroDosine: a 13 foot side yard setback. to have an existine: Dool remain where it is. thus reauestine: 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 re-open the Public Hearing? Mr. Prager: So moved. Mr. Fanuele: Second All in favor - all present voted - Aye Mr. Lehigh: We had a problem with the shed, right? Mrs. Merrill: Correct Mr. Fanuele: We've got a Certificate of Compliance here. Mr. Lehigh: Since we have that, so anyone have anything else to say? (No response) Mr. Lehigh: Do I hear a motion for a NEG DEe? Mr. diPiemo: So moved Mr. Warren: Second All in favor - all present voted - Aye 4 \.,... Mr. Lehigh: Do I hear a motion to close the Public Hearing? Mr. Fanuele: So moved Mr. Warren: Second All in favor - all present voted - Aye Mr. Lehigh: Do I hear a motion on the variance? Mr. diPiemo: I make a motion that we Grant the variance. Mr. Warren: Second Roll Call Vote - Mr. Warren - Granted Mr. diPiemo - Granted Mr. Prager - Granted Mr. Fanuele - Granted Mr. Lehigh - Granted \.. Anneal No. 02-7127 - Revised #2 Stenhen & Sherry Murrav - 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 an:!!!: yard setback of 38 feet. thus reQuestine: a variance of 12 feet 2. Whereas a side yard setback of 25 feet is required, applicants are proposing a side yard setback of 18 feet, thus requesting a variance of 7 feet, (TIllS IS AMENDED FROM APPLICANT'S REQUEST - THE SHORTER SETBACK OF 18 FT. AT THE REAR OF BUILDING IS THE DISTANCE APPLICANT CAN PROVIDE- PER SURVEY).to construct a 32' x 40' detached e:arae: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: I need a motion to open the Public Hearing? Mr. diPiemo: So moved Mr. Prager: Second ~ All in favor - all present voted - Aye 5 ~ Mr. Lehigh: Would you like to state what you need this for? Mrs. Murray: We have five vehicles that are ours, their registered and insured, and we'd like to have this garage to shelter them from the elements, the existing two-car garage is for my mom's handicapped accessible van which opens on the side and the reason for placing the garage where we propose to is to keep an existing shed for lawn mowers, snow blowers and things like that - and to allow to maneuver in and out of the driveway especially for my mom. Mr. Lehigh: Any questions, gentlemen. Mr. Prager: 1 noticed there are quite a few trees on that side... Mrs. Murray: They're staying, the trees at the end of the driveway have to come down, once every thing is settled, we'll decide, the trees on the side will be staying. Mr. Lehigh: Any questions from the public? \..,. Mrs. Murray: We do have one of our neighbors' .... I'm Bob Batson -I'm from the back of their property -I don't have any problem with this. Mr. Lehigh: OK Mr. Prager: How many cars are going to be in there? Mrs. Murray: Three cars wide - two cars deep. Mr. Lehigh: I'll take a motion for a NEG DEC Mr. Prager: I'll make a motion for a NEG DEC Mr. diPiemo: Second All in favor - all present voted - Aye Mr. Fanue1e: 1 make a motion to close the Public Hearing Mr. diPiemo: Second \..,. All in favor - all present voted - Aye 6 ~ Mr. Fanuele: I make a motion to Grant the variance. Mr. Warren: Second Roll Call Vote- Mr. Warren - Granted Mr. diPiemo - Granted Mr. Prager - Granted Mr. Fanuele - Granted Mr. Lehigh - Granted 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 reouired, applicant is proposing a side yard setback of 7ft. 8 inches. thus reouestine: 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. Mr. Lehigh: I'll check the mailings.. . all are here. \.,. Mr. Prager: I make a motion to open the Public Hearing Mr. Fanuele: Second All in favor - all present voted - Aye Mr. Lehigh: We were out to look at this, Saturday. Can we make a suggestion.. . ? With the stairs - Ms. Tavel: The deck without the stairs was 4ft. 4in. Mr. Prager: You're going for a 4.4 ft. variance. Ms. Tavel: I get an 18 inch level over there. Mr. Lehigh: That's the only problem we have, was with the stairs on that side. Ms. Tavel: I can't have them because....it extends that extra.... Mr. Lehigh: That comes to over a 50% variance '-' 7 '-' Mr. Prager: Forty-six percent. Mr. Lehigh: It's strictly on the side, if you were to come over to the rear portion. Ms. Tavel: I could probably live with that - I have plans to eventually replace the pool and put it on that side of the deck - I wouldn't mind putting the stairs out there. Mr. Lehigh: If you take the stairs off that side - it eliminates that side variance. Mr. Fanuele: You're taking three feet off the deck - which will make it 1O.8ft. - which is the same as the house. Mr. Lehigh: She only needs 404ft. variance on the side. Do anybody in the audience have anything to say? Mr. Leduc: If she put her stairs someplace else, it wouldn't be an issue? \... Mr. Lehigh: Yes - they would be out on the back of the deck. Anything else, gentlemen? Mr. Prager: I make a motion for a NEG DEe Mr. diPiemo: Second All in favor - all present voted - Aye Mr. Lehigh: Motion to close the Public Hearing? Mr. Prager: So moved Mr. diPiemo: Second All in favor - all present voted - Aye Mr. Lehigh: Motion to Grant the variance? Mr. Fanuele: Without the stairs? Mr. Lehigh: You make a motion to Grant the 4.4 ft. variance? \..,. Mr. Fanuele: Yes 8 '-' Roll Call Vote - Mr. Warren - Granted Mr. diPierno - Granted Mr. Prager - Granted Mr. Fanuele - Granted Mr. Lehigh - Granted Appeal No. 02-7129 James & Diane Waddell (former owner of DroDertv) for ROf!er Leduc (new owner of DroDertv) - 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 reauired. applicant is proposing a side yard setback of 23.25 ft. to construct 11' x 4' stairs to a 10' x 12' rear ODen wood deck.. thus reauestine: a variance of 1.75 ft. The property is located on 44 Pve Lane and is identified as Tax Grid No. 6358-03- 055019 in the Town of Wappinger. Mr. Lehigh: I don't see all the mailings. '-' Mrs. Gale: I spoke to the Realtor who was here for the Discussion phase of the hearing - she mailed the Legal Notices to Mr. Waddell in Minn. for him to mail out - he was going to fax me a copy of all the White Receipts, as proof of mailings, but as of the end of the day I did not receive them. Mr. Lehigh: Without the green cards, we cannot go forward. We'll have to Adjourn the Public Hearing until June 25, 2002. Appeal No. 02-7130 Thomas & Barbara Bovle - Seeking two (2) area variances of Section 240-37 of District Regulations in R -15 Zoning District. 1. Whereas a 30 ft. rear yard setback is reauired, applicants are DroDosinf! a rear yard setback of 13 ft.. thus reauestine: an area variance of 17 ft. 2. Whereas a 15 It. side yard setback is reauired. applicants are DroDosine: a side vardsetback of 14 ft. thus reauestine: an area variance of 1 ft. to have existinf! deck around Dool remain where it is. The property is located on 8 Gary PI. and is identified as Tax Grid No. 6258-01-073666 inthe Town of Wappinger. ~ 9 '-' Appeal No. 02-7131 Thomas & Barbara Bovle - Seeking an area variance of Section 240-37 of District Regulation in R -15 Zoning District. Whereas a 30 ft. rear yard setback is reauired, aDDlicants are DroDosine: a rear yard setback of 16 ft.. thus reauestine: an area variance of 14 ft.. to have an existine: 27 ft. above !:round Dool remain where it is. The property is located at 8 Garv PI. and is identified as Tax Grid No. 6258-01-073666 in the Town of Wappinger. Mr. Lehigh: I entertain a motion to open the Public Hearing? Mr. Warren: So moved Mr. diPiemo: Second All in favor - all present voted - Aye \.. Mr. Lehigh: Do you want to explain what you need the variance for? Mr. Boyle: There is an existing pool, 27ft. round pool that's been there 30 years - there was never a permit on it - we just put a porch on the house, and found out we need a permit for the pool. There's also a deck around it, I was told we needed to be 10 feet from the line - so I made it more than 10ft. - it turns out that it's 15 ft. - so I need one foot on the side. Mr. Lehigh: Any questions? Mr. Fanuele: We've been out there to look at it there are bushes on the side - sometimes we ask that the put plantings on the side, they're already in. Mr. Lehigh: Any other questions - I don't have any questions. (No questions from audience). I need a motion for a NEG DEe Mr. Warren: So moved ~ Mr. Prager: Second 10 '-'" All in favor - all present voted - Aye Mr. Lehigh: I need a motion to close the Public Hearing? Mr. Fanuele: So moved Mr. diPiemo: Second All in favor - all present voted - Aye Mr. Fanuele: I make a motion we Grant the variance. Mr. diPiemo: Second Roll Call Vote - Mr. Warren - Granted Mr. diPiemo - Granted Mr. Prager - Granted Mr. Fanuele - Granted Mr. Lehigh - Granted ~ Mr. Lehigh: Next item is for Discussion: APPEAL NO. 02-7132 E & S OVERHEAD DOORS - Seeking an area variance of Section 240-37 of District Regulations in H/O Zoning District. Whereas a front line of75 ft. is required, applicant is proposing a front line of 1.6 ft. thus reQuestin2 a variance of 73.4' to construct a commercial building. The property is located on 1131 Route 9 and is identified as Tax Grid No. 6157-04-664039 in the Town of Wappinger. Mr. Lehigh: I understand you were in front of the Planning Board, and you need a front line of 1.6 ft. setback. We have a couple of letters, one was sent to us by the Planning Board the other is from the Supervisor's office. Mr. Rotger: I was originally going to do a renovation, with the existing building that was on the property - when I started to take the wallboard off, the building was in horrendous shape, I went to the Town, I asked for directive - what could I do - if I wanted to put up another building, how do I proceed? I had one of the Inspectors come out to the property, he told me \.,. I had to get a demolition permit - I didn't have a problem with that, I was 11 ~ told I had to get an architech. rendering of what I wanted to do, I then proceeded with that - they we had questions, myself and the architech, pertaining to some additional things I wanted to do, I went back to them I wanted to put in a basement, they said no problem. . .I got all my submittals, got everything every thing approved, did my demolition had it inspected, dug my foundation for my footings, went to the Town had that inspected - I did my walls, had that inspected. When I went for a survey - that's when they hit it. Mr. Lehigh: We can't do anything for you now, you have to go to the Public Hearing stage. I don't think we need to make a Site Inspection, we'll put you on for June 25, 2002. Does he have an Environmental Statement? Mrs. Lukiano:ff: Every thing is there. Mr. Lehigh: We need, from the Planning Board, the Environmental Statement. Once we see the Environmental Statement, we'll do the NEG DEC. \., Motion to close the meeting Mr. Prager: So moved Mr. Fanuele: Second All in favor - all present voted - Aye Mr. Fanuele: I make a motion we vote Mr. Prager, Vice Chairman Mr. Lehigh: Second All in favor - all present voted - Aye Meeting ended at 8: 15PM '-" Respectfully Submitted, c-1y -t'Jffi- 0 9l/dc Michelle D. Gale Secretary - Zoning Board of Appeals 12