2002-09-10
Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of September 10, 2002
MINUTES
Zoning Board of Appeals
September 10, 2002
Summarized Minutes
Town of Wappinger
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Members Present:
Mr. Lehigh,
Mr. Prager,
Mr. Fanuele,
Mr. diPiemo,
Mr. Warren,
Chairman
Vice Chairman
Member
Member
Member
MINUTES
APPROVED
SfP 24 2D02
Others Present:
Mrs. Lukianoff, Zoning Administrator
Mrs. Roberti, Secretary
SUMMARY
Public Hearing:
John & Hun Ha Zimmerman
Armando Correa
Granted Variance with condition.
Granted Variance.
Discussion:
Lands of Kablaoui
Public Hearing on September 24, 2002.
Mr. diPierno:
Motioned to approve Site Inspection Minutes for August 17,
2002.
Second the motion.
All present voted aye.
Mr. Warren:
Vote:
Town of Wappinger
Zoning Board of Appeals
'-"
Page 2
Minutes of September 1 0, 2002
ADDeaINo.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 yard setback of 10 feet is reauired, the
applicant is proposing a for side yard 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. Lehigh:
Mr. diPierno:
Mr. Prager:
Vote:
Are all the mailings in order? (Yes.)
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Mr. Zimmerman: When you all came out for a site visit, we all agreed to move
the shed to the bottom of the hill. But now I will need a two-
foot variance that will leave an eight-foot setback. At 10 feet it
would put the shed in the driveway.
~
Mr. Fanuele:
Mr. Zimmerman:
Mr. Prager:
Mr. diPierno:
Mr. Lehigh:
Mr. Prager:
Mr. Fanuele:
Vote:
Mr. Prager:
Mr. diPierno:
Vote:
\..-
So you want to change the seven-foot request to the two-foot
variance with moving the shed?
Yes.
I think it's a much better place.
No problem.
You are all in agreement? (Yes.) Any questions from the
audience? (No.)
Motion for a neg. dec.
Second the motion.
All present voted aye.
Motion to close the Public Hearing.
Second the motion.
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
'--'
Mr. Prager:
Mr. Fanuele:
ZBA Roll Call:
Page 3
Minutes of September 10, 2002
Motion to grant a two-foot variance for an 8 X 12 shed
with the condition that the shed be moved to the rear (
bottom) of the driveway.
Second the motion.
Mr. Warren: Aye.
Mr. diPierno: Aye.
Mr. Prager: Aye.
Mr. Fanuele: Aye.
Mr. Lehigh: Aye.
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 yard setback of 35 feet is reauired, the
applicant is proposing a front yard setback of 26 feet for a front stooD with
stairs, thus reauestina 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. Lehigh:
'-"
Mr. Warren:
Mr. diPiemo:
Vote:
Mrs. Correa:
Mr. Prager:
Mr. diPiemo:
Mr. Prager:
Mr. Lehigh:
'--'
Are all the mailings in order? (Yes.)
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
When we moved in the stoop was in horrible condition and we wanted to
get it fixed. The first person that tried to fix it, did a very bad job and
we had to stop him. Now we want to finally fix it because it is
dangerous as it is.
We took a look at it on our site visit and saw the mess the last person
left. I don't see a problem with this. It is going to be safer and nicer
looking.
It looks very nice.
The contractor who will be doing this was there and he seemed to know
exactly what he was doing.
Ok, we need a motion for a neg. dec.
Town of Wappinger
Zoning Board of Appeals
'-"
Mr. diPierno:
Mr. Warren:
Vote:
Mr. Prager:
Mr. Warren:
Vote:
Mr. Fanuele:
Mr. diPiemo:
ZBA Roll Call:
Discussions:
Page 4
Minutes of September 10, 2002
Motion for 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 of nine feet.
Second the motion.
Mr. Warren: Aye.
Mr. diPierno: Aye.
Mr. Prager: Aye.
Mr. Fanuele: Aye.
Mr. Lehigh: Aye.
ADDeaINo.02-7141
'--' Dr. Mahmoud Kablaoui
-Seeking an area variance of Section 240-37 of District Regulations in an R-20
Zoning District. Whereas a side yard setback of 15 feet is reauired, the
applicant is proposing a for side yard setback of 11.1 feet, thus reauestina a
variance of 3.9 feet.
The property is located at 6 Amherst Lane and is identified as Tax Grid No.
6057-02-700531 in the Town of Wappinger.
Mrs. Lukianoff: I am the Zoning Administrator and I am representing Lawrence
Bice here, who was directed by the Planning Board to apply for
this variance. The Town of Wappinger and Dr. Kablaoui are
going through a lot-line realignment before the Planning Board.
It was discovered that there was an encroachment of the
Kablaoui lands on the Town of Wappinger. There was a
discrepancy in the original filed maps and is the fault of nobody.
We are now trying to rectify the situation. In the application over
5000 SF will be transferred to Dr. Kablaoui. However, this still
shows the house on the property still does not meet the required
setback. This is the reason for the variance application.
'-'
Town of Wappinger
Zoning Board of Appeals
'-"
Page 5
Minutes of September 10, 2002
Mr. Fanuele: How did they find this out?
Mr. diPierno: I am tempted to say that Dr. Kablaoui is trying to sell his house,
he was my neighbor. Perhaps this came up during the survey.
Mrs. Lukianoff: Perhaps that is the situation. Mr. Roberts will be present for the
Public Hearing.
Mr. Fanuele: If we put conditions on the property, do they have to pay?
Mrs. Lukianoff: I guess so. There is a well head protection area there that the
Town has there and that's also why the Town does not want it
any closer.
Mr. Prager: I'd like to know what the setback is from the well? Get that
information for the next meeting.
'-'
Mrs. Lukianoff: Jay Paggi must have felt it was necessary to go for the variance.
Mr. Fanuele:
Mrs. Lukianoff:
Mr. diPierno:
Mr. Lehigh:
Mr. Prager:
Mrs. Lukianoff:
Mr. diPierno:
Mr. Warren:
Vote:
\..,.
Who built this house? Why is the Town responsible to help him
sell the house?
At the time they filed the map it had a discrepancy. He and the
Town are filing the application.
Nothing stops the Town from conveying the property of the
Town. He's paying for land that is unusable.
We'll set the Public Hearing for September 24, 2002.
I want to know what the regulation in feet is that the property
needs to have.
Ok, I'll ask the Town engineer.
Motion to adjourn.
Second the motion.
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
'-'
Meeting ended at 8:00 PM
\...
\..,.
Page 6
Minutes of September 10, 2002
Respectfully Submitted,
~(LuL~~\
Barbara Roberti, Secretary
Secretary - Zoning Board of Appeals