2002-08-27
T own of Wappinger
Zoning Board of Appeals
Zoning Board of Appeals
August 27, 2002
Summarized Minutes
Members Present:
Mr. Prager,
Mr. Fanuele,
Mr. diPierno,
Mr. Warren,
Member Absent:
Page 1
MINUTES
Vice Chairman
Member
Member
Member
Mr. Lehigh, Chairman
Others Present:
Minutes of August 27, 2002
Town of Wappinger
Town Hall
20 Middlebush Road
Wappinger Falls, NY
MtWJ(r~s
APPROvab
5EP 2 4 2DOl
Mrs. Lukianoff, Zoning Administrator
Mrs. Roberti, Secretary
SUMMARY
Public Hearing: William & Michelle Carey
Walter & Maureen Addiss
Gus & Aspasia Vasilakos
Kevin & Linda Evans
Discussion: John & Mary Nolan
John & Kun Ha Zimmerman
Armando Correa
Granted Variance with conditions.
Granted Variance
Granted Varianqe with conditions.
Granted Variance.
Public Hearing on Sept. 24, 2002.
Public Hearing on Sept. 10, 2002.
Public Hearing on Sept. 10, 2002.
Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of August 27,2002
\...
Appeal No. 02-7134
William &. Michele Carey
- Seeking an area variance of Section 240-37 of District Regulations in an R-
20/40 Zoning District. Whereas a side yard setback of 20 feet is reauired,
applicant is proposing a side yard setback of 14 ft. to construct 14' x 12'
rear screened deck. thus reauestina a variance of 6 ft.
The property is located on 17 Park Hill Drive and is identified as Tax Grid No.
6356-01-119930 in the Town of Wappinger.
Mr. diPierno: Motion to open the Public Hearing.
Mr. Warren: Second the motion.
Vote: All present voted aye.
Mr. Carey: We are looking for a variance for a screened in porch
because the property line is going to be only 14 feet from the
structure. During the warm months our neighbors won't be
able to see the porch.
~ Mr. Prager: We did have a site inspection and we did notice your
property has an odd angle going to the back and we also
noticed that you have a small building in the back for your
children and you did say that you would be taking that down
when your children got older. (Yes.) Does anyone on the
board have any questions?
Mr. Fanuele: Just that the tree house comes down eventually.
Mr. Prager: Let the record show no one spoke for or against the variance.
Mr. diPierno: Motion to close the Public Hearing.
Mr. Warren: Second the motion.
Vote: All present voted aye.
Mr. Fanuele: Motion to declare a neg. dec.
Mr. diPierno: Second the motion.
Vote: All present voted aye.
Mr. diPierno: Motion to grant the variance.
Mr. Warren: Second the motion.
'-' Roll Call: Mr. Warren: Granted.
Town of Wappinger
Zoning Board of Appeals
'-'
Page 3
Minutes of August 27, 2002
Mr. diPierno: Granted.
Mr. Fanuele: Granted, with the condition that the tree
house is not replaced.
Mr. Prager: Granted.
ADDeaINo.02-7136
Walter &. Maureen Addiss
Seeking area variances of Section 240-37 of District Regulations in an R-40
Zoning District.
Whereas a rear yard setback of 50 feet is reauired, the applicant is
proposing a rear yard setback of 32 feet to construct a three season
room, thus reauestina a variance of 18 feet.
Whereas a rear yard setback of 50 feet is reauired, the applicant is
proposing a rear yard setback of 14 feet to construct a around level
deck, thus reauestina a variance of 36 feet.
~ The property is located on 134 Old HODewell Road and is identified as
Tax Grid No. 6157-01-292559 in the Town of Wappinger.
Mr. diPierno:
Mr. Warren:
Vote:
Mr. Addiss:
Mr. Prager:
\."
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
I am looking for a variance for a three-season room and
ground level deck. The deck will be 14 feet from the property
line and I think we only need 18 feet for the three-season
room.
We did a site inspection and the deck is almost ground level,
so we are not to concerned with that. The property in the
rear belongs to the town and seems to be all wetland. Does
anyone have any questions? (No.) Let the record show that
no one spoke for or against the variance.
Town of Wappinger
Zoning Board of Appeals
\.,..
Mr. diPierno:
Mr. Warren:
Vote:
Mr. Fanuele:
Mr. diPierno:
Vote:
Mr. diPierno:
Mr. Fanuele:
Roll Call:
Page 4
Minutes of August 27,2002
Motion to declare a neg. dec.
Second the motion.
All present voted aye.
Motion to close the Public Hearing.
Second the motion.
All present voted aye.
Motion to grant the variance.
Second the motion.
Mr. Warren:
Mr. diPierno:
Mr. Fanuele:
Mr. Prager:
Granted.
Granted.
Granted.
Granted.
ADDeaINo.02-7137
'--' Gus &. ASDasia 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 Dool, 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.
Mr. Warren:
Mr. diPierno:
Vote:
Mrs. Vasilakos:
Mr. Prager:
\.
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
We are asking for a 3-foot variance for a pool that we had
installed. We thought the line on our property was 25 feet
away when the contractor was there, but upon further
investigation it turned out to be 22 feet away.
We did a site inspection on this and it is a minimal variance.
Did your husband say you were going to put a fence there?
Town of Wappinger
Zoning Board of Appeals
\..-
Mrs. Vasilakos:
Mr. Prager:
Mr. diPierno:
Mr. Warren:
Vote:
Mr. diPierno:
Mr. Warren:
Vote:
Mr. Fanuele:
Mr. diPierno:
Roll Call:
\...
Page 5
Minutes of August 27,2002
Yes, a 6 foot fence in front and to the side.
Does anyone here have any questions? (Hearing none.) Let
the record show no one spoke for or against the appeal.
Motion to declare a neg. dec.
Second the motion.
All present voted aye.
Motion to close the Public Hearing.
Second the motion.
All present voted aye.
Motion to grant the variance with the condition that
the fence as explained to the front and the side be
erected.
Second the motion.
Mr. Warren:
Mr. diPierno:
Mr. Fanuele:
Mr. Prager:
Granted.
Granted.
Granted.
Granted.
ADDeaINo.02-7138
Kevin & Linda Evans
Seeking area variances of Section 240-37 of District Regulations in an R-40j80
Zoning District.
Whereas a rear vard setback of 50 feet is reauired, the applicant is
proposing a rear vard setback of 35 feet to install a 21 foot AG Dool,
thus reQuestinQ 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.
Mr. diPierno:
Mr. Warren:
Vote:
'-'
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
'-"
Mr. Evans:
Mr. Prager:
Mr. Evans:
Mr. Prager:
Mr. Fanuele:
Mr. Prager:
\..-
Mr. Warren;
Mr. diPierno:
Vote:
Mr. Warren:
Mr. diPierno:
Vote:
Mr. Warren:
Mr. diPierno:
Roll Call:
'-'
Page 6
Minutes of August 27,2002
We wish to install an above ground pool in our back yard and
had excavation work done to clear an area without realizing
that we needed to be within setbacks. After trying to get the
permits we realize we need a variance of 15 feet. The
property behind us is for the most part swamp land. The are
no houses within site distance.
How large a piece of property to you own?
1.19 Acres
We did a site inspection on this property and noticed the very
wooded area behind the property. The pool area was clearly
marked.
The property is a little shallow so no matter where they put
the pool you would need a variance.
Let the record show no one spoke either for or against this
variance.
Motion to declare a neg. dec.
Second the motion.
All present voted aye.
Motion to close the Public Hearing.
Second the motion.
All present voted aye.
Motion to grant the variance.
Second the motion.
Mr. Warren:
Mr. diPierno:
Mr. Fanuele:
Mr. Prager:
Granted.
Granted.
Granted.
Granted.
Town of Wappinger
Zoning Board of Appeals
\...
Page 7
Minutes of August 27, 2002
Discussions:
ADDeal No. 02-7139
John & Mary Nolan
-Seeking an area variance of Section 240-37 of District Regulations in an R-40
Zoning District. Whereas a rear yard setback of 50 feet is reauired, the
applicant is proposing a for rear yard setback of 16 feet for the installation of
a AG 24 foot Dool, thus reauestina a yariance of 34 feet.
The property is located at 18 Relyea Terrace and is identified as Tax Grid No.
6256-02-625968 in the Town of Wappinger.
Mr. Nolan:
\...r
Mr. Prager:
Mr. Nolan:
Mr. Prager:
Mr. Warren:
Mr. Nolan:
Mr. Prager:
Mr. Fanuele:
Mr. Warren:
Vote:
Mr. Prager:
Mr. Nolan:
~
We had put a pool in our yard in 1978 and we had no idea we
needed a pool permit at that time. Then about 10 years ago we
had a deck put on the back of the pool. Behind us are all
woodlands with a creek behind the next property owner and us.
I would like copies of the survey for our site visit.
The pool is about 25 feet from the boundary and the deck adds
another 9 feet to that.
So that's the 34 feet your talking about
You say the pool has been here since 1978?
Yes.
We will do a site inspection this Saturday at around 9:00 am.
Motion to be Lead Agency.
Second the motion.
All present voted aye.
We will set the Public Hearing for September 24th, 2002.
That will be fine. We just want you to be aware that a new pool
was put up this spring by Michael DiMarco and was put in the
same footprint.
Town of Wappinger
Zoning Board of Appeals
Page 8
Minutes of August 27,2002
'-"
Mr. Fanuele:
Who told you that you needed a variance?
Mr. Nolan:
I lost electric this spring and because we received a new permit
for the electric, it was than discovered that we didn't have a
permit for the pool.
Mr. Prager:
Ok, we will see you on Saturday.
ADDeal No. 02-7140
John &. Kun Ha Zimmerman
-Seeking an area variance of Section 240-37 of District Regulations in an R-20
Zoning District. Whereas a side vard setback of 10 feet is reauired, the
applicant is proposing a for side vard setback of 3 feet for an 8 X 12 shed,
thus reauestina a variance of 7 feet.
The property is located at 26 Lakeside Road and is identified as Tax Grid No.
6158-02-587617 in the Town of Wappinger.
\.....- Mr. Zimmerman: We live in an area called Cedar Knolls in an old summer cottage
community. We took over two cottages on sloped property that
goes down to Wappinger Creek. The neighbors have
encroached on both sides of us. As I tried to improve this
property, I found this the only place to put this structure to try
to reclaim our privacy. This neighbor has put his garage onto a
piece of our property and has cars and such all over his
property. We would like a variance from this board or we can
move it if given a reasonable place to move it too. We really
don't know what to do in this case.
Mr. Prager:
We will do a site inspection on this Saturday at around 9:30 am.
Is this a private road?
Mr. Zimmerman: The road is owned by a homeowners association.
Mr. Prager:
Is this the front where the shed is?
\.....
Mr. Zimmerman: Yes, most of the structures are in the front because most of the
yards slope in the rear. I was also wondering if you could upon
your site inspection look at some of the neighbors and the
zoning laws. So many clearly are not in compliance.
Town of Wappinger
Zoning Board of Appeals
~
Mr. Prager:
Mr. Fanuele:
Page 9
Minutes of August 27,2002
That area started out as summer cottages and basically this is
what happens and why we have zoning codes.
How many cars are sitting there next door?
Mr. Zimmerman: There are two unused cars without plates for sale. Then there
are a number of cars the neighbor works on. When you come
and take a look it will be obvious.
Mrs. Lukianoff: We will give you a lot of complaint forms to fill out.
Mr. Prager: We will come out Saturday and take a look. Please mark out
your property so we can see the property lines We would like a
site plan of your property also.
Mr. Zimmerman: I will drop off the survey this week.
Mr. diPierno:
Mr. Warren:
Vote:
\.r
Mr. Prager:
Motion to declare this board Lead Agency.
Second the motion.
All present voted aye.
We will set the Public Hearing for September 10, 2002.
APPEAL NO. 02-7141
ARMANDO CORREA
- Seeking an area variance of Section 240-37 of District Regulations in an R-15
Zoning District. Whereas a front vard setback of 35 feet is reQuired, the
applicant is proposing a front vard setback of 26 feet for a front stooD with
stairs, thus reQuestinQ a variance of 9 feet.
The property is located at 10 Bowdoin Lane and is identified as
Tax Grid No. 6057-02-759563 in the Town of Wappinger.
Mr. Correa:
Mr. Prager:
~
We bought this house about one year ago. The stoop in front is
damaged, we didn't know that because it was covered with
shrubbery. We hired a contractor who did a terrible job so now
we would like to get them corrected the right way. The steps
are now cinder block, it's a mess.
I think we will do a site inspection on this also. What will it be
made from?
Town of Wappinger
Zoning Board of Appeals
'-"
Mr. Correa:
Mr. Prager:
Mr. Correa:
Mr. Prager:
Mr. diPierno:
Mr. Warren:
Vote:
Mr. Prager:
Page lO
Minutes of August 27,2002
It will have blue slate stone and cobblestone on the side. I have
a sketch here. They will be six feet long and eight feet wide
with steps.
Where is the 26 feet from?
From the steps here on the sketch.
Ok, we will do the site visit this Saturday at around 10 p.m.
Motion to declare this board Lead Agency.
Second the motion.
All present voted aye.
We will set the Public Hearing for September 10, 2002.
'-"
Mr. Fanuele:
Mrs. Roberti:
Mr. diPierno:
Mr. Fanuele:
Vote:
Could Barbara write a letter stating that the Zoning Board
Members would be interested in attending the classes being
offered by the legislature?
I'll write that tomorrow for you.
Motion to adjourn.
Second the motion
All present voted aye.
Meeting ended at 8: 15 PM
~
Respectfully Submitted,
Barbara Roberti, Secretary
Secretary - Zoning Board of Appeals