2002-08-13
Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of August 13, 2002
MINUTES
Zoning Board of Appeals
August 13, 2002
Summarized Minutes
Town of Wappinger
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Members Present:
Mr. Prager,
Mr. Fanuele,
Mr. diPiemo,
Mr. Warren,
Vice Chairman
Member
Member
Member
Member Absent:
Mr. Lehigh, Chairman
Others Present:
Mrs. Lukianoff, Zoning Administrator
Mrs. Roberti, Secretary
SUMMARY
Public Hearing: Eugene Farrell, Jr.
Granted Variance
Discussion: Walter & Maureen Addiss
Gus & Aspasia Vasilakos
Kevin & Linda Evans
Public Hearing on August 27,2002.
Public Hearing on August 27, 2002.
Public Hearing on August 27,2002.
Mr. Fanuele:
Mr. diPiemo:
Vote:
Motion to approve July 30, 2002 minutes.
Second the motion.
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of August 13, 2002
~
Mr. Fanuele:
Mr. diPiemo:
Vote:
Motioned to approve Site Inspection Minutes for August 3'2002
Second the motion.
All present voted aye.
Appeal No. 02-7135
Eugene Farrell. Jr.
Seeking area variances of Section 240-37 of District Regulations in an R-40
Zoning District.
Whereas a side yard setback of 25 feet is reauired, applicant is
proposing a side yard setback of 20 ft. to construct a 16' x 36'
in9round 0001. thus reauestina a variance of 5 ft.
- Whereas a rear yard setback of 50 feet is reauired, applicant is
proposing a rear yard setback of 20 feet to construct a 16' x 36'
inaround 0001, thus reauestina a variance of 30 feet.
The property is located on 409 All Anaels Hill Road and is identified as Tax
Grid No. 6357-03-020204 in the Town of Wappinger.
\...
Mr. Warren:
Mr. diPierno:
Vote:
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Mr. Prager: Barbara, are all the mailings in order? (Yes.)
Mr. Farrell, Jr.: We are constructing a 16 X 36 foot inground swimming pool
and the surrounding property belongs to my mother-in-law. We
need the variance of 5 feet to bring it to the center of our yard
and we need 50 feet in the rear and my property drops off back
there to Sprout Creek.
Mr. Prager: We did do a site inspection on August 3rd, 2002. We did notice
in the back the wetlands that go to Sprout Creek.
Mr. Fanuele: Basically it looks unbuildable.
Mr. Farrell Jr.: If I could bring it back further I will.
Mr. Prager: Does anyone on the board have any questions for Mr. Farrell?
(No.) Does anyone in the audience have any questions? (No.)
\.,.
Town of Wappinger
Zoning Board of Appeals
~
Mr. Fanuele:
Mr. Warren:
Vote:
Page 3
Minutes of August 13,2002
Motion to give a neg. dec.
Second the motion.
All present voted aye.
Mr. diPierno: Motion to close the Public Hearing.
Mr. Warren: Second the motion.
Vote: All present voted aye.
Mr. Fanuele:
Mr. diPierno:
Roll Call:
Mr. Prager:
~
Motion to grant the variance.
Second the motion.
Mr. Warren:
Mr. diPierno:
Mr. Fanuele:
Mr. Prager:
Granted.
Granted.
Granted.
Granted.
Motion has been passed and your variance has been granted.
Appeal No. 02-7136
Walter &. Maureen Addiss
Seeking area variances of Section 240-37 of District Regulations in an R-40
Zoning District.
Whereas a rear vard setback of 50 feet is reauired, the applicant is
proposing a rear vard setback of 32 feet to construct a three season
room, thus reauestina a variance of 18 feet.
Whereas a rear vard setback of 50 feet is reauired, the applicant is
proposing a rear vard setback of 14 feet to construct a around level
deck. thus reauestina a variance of 36 feet.
The property is located on 134 Old Hopewell Road and is identified as
Tax Grid No. 6157-01-292559 in the Town of Wappinger.
Mr. Prager: This is just a workshop, basically we will discuss this and
then set a Public Hearing.
Mr. Addiss: We would like to add a three season room onto the back of
our house. The property is angled and at the shortest it is 32 feet and at
the longest it is 45 feet. In back of us it is Town property where it drops off
'-"
Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of August 13,2002
\...
10 feet. The deck will be at ground level. It comes close to the property
line because it will be only 14 feet from the line.
Mr. Prager: This is a considerable variance.
Mr. Warren: Can you reduce the size?
Mrs. Addiss: Yes we could, but this is only 4 inches off the ground.
Mr. Sissich: I am the general contractor. There is a slab there that's
existing that we are going over with footings for the three-season room.
The deck we will be digging into the ground to put the joists in, so it's flat.
Mr. Fanuele: What height is the deck before you need a variance?
Mrs. Lukianoff: A patio does not need to meet setbacks, but a deck does
according to the zoning regulations.
Mr. Addiss: We kind of had our hearts set on a deck.
Mrs. Addiss: It will look so much better than a patio.
\.,..
Mr. Warren: What's the smallest size you can reduce this too?
Mr. Addiss: I guess it would depend on how far back we would be
allowed to go.
Mr. Prager: Does anyone else have any questions? (No.) We will set a
site visit for August 17, 2002.
Mr. Warren:
Mr. diPierno:
Vote:
Motion to be Lead Agency.
Second the motion.
All present voted aye.
Mr. Prager:
We'll set the Public Hearing for August 27, 2002.
'-'
Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of August 13,2002
~
AooeaINo.02-7137
Gus & Asoasia Vasilakos
Seeking an area variance of Section 240-37 of District Regulations in an R-40
Zoning District.
- Whereas a side vard setback of 25 feet is reauired, the applicant is
proposing a side vard setback of 22 feet for an installed 24 foot above
around 0001, thus reauirina a variance of 3 feet.
The property is located at 34 Robin Lane and is identified as Tax Grid No.
6258-04-680294 in the Town of Wappinger.
Mrs. Vasilakos: The pool is installed and when I applied for the building
permit I indicated that we wanted the pool to sit on this level area of the side
yard which is 10 feet from the property line. I received a call from the Zoning
Administrator who informed me that I had to be 25 feet from the side. I came in
and revised my building permit to show it behind my house. When the pool
installer came in that informed us that because of the slope it would be a more
difficult job and it was after 4:00 p.m. so I told them to go ahead and put it back
in the original place keeping the 25 foot setback in mind. We measured to the
survey we had and it turned out to be 22 feet.
\....
Mr. Prager: So it sounds to me that you tried to put it at 25 feet and it
turned out to be 22 feet.
Mr. Vasilakos: I spoke with Mr. Harris, my neighbor a week or two before
we had the pool installed and we measured from where he thought the line was.
I than read the survey after the pool went in and I think it is 22 feet. The
problem is that I want it corrected because we want to put in a 6 foot fence for
privacy.
Mr. Prager:
Was there a pool there before?
Mrs. Vasilakos:
No.
Mr. Prager:
We will take a look at this on August 17, 2002.
Mr. Warren:
Mr. diPierno:
Vote:
Motion to be Lead Agency.
Second the motion.
All present voted aye.
Mr. Prager:
We will set the Public Hearing for August 27, 2002.
'-'
Town of Wappinger
Zoning Board of Appeals
Page 6
Minutes of August 13, 2002
.....
ADDeaINo.02-7138
Kevin 8r. Linda Evans
Seeking area variances of Section 240-37 of District Regulations in an R-40j80
Zoning District.
Whereas a rear yard setback of 50 feet is reauired, the applicant is
proposing a rear yard setback of 35 feet to install a 21 foot AG 0001,
thus reauestina a variance of 15 feet.
The property is located on 44 Red Hawk Hollow Road and is identified as
Tax Grid No. 6359-02-810521 in the Town of Wappinger.
Mrs. Evans: Our property is wide but not very deep. The property
behind us is undeveloped and we have done excavation in the back to
remove stumps and this is really the only place we can put the pool.
Mr. Prager:
Do you have a septic system?
\..
Mrs. Evans: Yes and it covers the entire side yard. I really didn't want it
right on top of the house which is so shallow.
Mr. Evans:
Proceeded to show the board their survey.
Mr. Prager: Please mark out the pool area and we will do a site visit on
August 17, 2002.
Mr. diPierno: Motion to be Lead Agency.
Mr. Warren: Second the motion.
Vote: All present voted aye.
Mr. Prager:
We will have your Public Hearing on August 2ih, 2002.
Mr. diPierno: Motion to Adjourn.
Mr. Fanuele: Second the motion.
Vote: All present voted aye.
'-"
Town of Wappinger
Zoning Board of Appeals
~
Meeting ended at 8: 15 PM
~
'-'
Page 7
Minutes of August 13,2002
Respectfully SUb.~m. ed, ,
~IAt'V?U~7
'~~berti, Secretary
Secretary - Zoning Board of Appeals