2002-09-24
Town of Wappinger
Zoning Board of Appeals
Zoning Board of Appeals
September 24, 2002
Summarized Minutes
Members Present:
Mr. Lehigh,
Mr. Fanuele,
Mr. diPiemo,
Mr. Warren,
Members Absent:
Mr. Prager,
Others Present:
Page 1
Minutes of September 24, 2002
MINUTES
MINUTES
APPROVED
OCT 0 7 2002
Town of Wappinger
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member
Member
Member
Vice-Chairman
Mrs. Lukianoff, Zoning Administrator
Mrs. Roberti, Secretary
SUMMARY
Public Hearing: John & Mary Nolan
Dr. Kablaoui
Discussion:
Granted Variance.
Granted Variance for setbacks only.
Lawrence Travers
Public Hearing on October 8, 2002.
Mr. Fanuele:
Motioned to approve Site Inspection Minutes for August 31,
2002.
Second the motion.
All present voted aye.
Mr. diPiemo:
Vote:
Town of Wappinger
Zoning Board of Appeals
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Mr. Fanuele:
Mr. diPiemo:
Vote:
Mr. Fanuele:
Mr. diPiemo:
Vote:
Mr. Fanuele:
Mr. diPiemo:
Vote:
Mr. Fanuele:
Mr. diPiemo:
Vote:
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Mr. Fanuele:
Mr. diPiemo:
Vote:
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Minutes of September 24, 2002
Motioned to approve Minutes for June 11, 2002.
Second the motion.
All present voted aye.
Motioned to approve Minutes for June 25, 2002.
Second the motion.
All present voted aye.
Motioned to approve Minutes for August 13, 2002.
Second the motion.
All present voted aye.
Motioned to approve Minutes for August 27,2002.
Second the motion.
All present voted aye.
Motioned to approve Minutes for September 10, 2002.
Second the motion.
All present voted aye.
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 reauesting a variance of 34 feet.
The property is located at 18 Relvea Terrace and is identified as Tax Grid No.
6256-02-625968 in the Town of Wappinger.
Present:
Mr. Warren
Mr. diPierno:
Vote:
Mr. Lehigh:
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John & Mary Nolan
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Are the mailings in order? (Yes.) I have not been out to see this
so could you explain this?
Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of September 24, 2002
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Mr. Nolan:
We had the pool put in a number of years ago and didn't realize
that we needed a building permit. When we needed some electric
work done, this is when we discovered that we needed a permit for
the pool. At that time we also discovered we would need a
variance since the back line Is only 16 feet.
Mr. Lehigh: This is a rather large variance.
Mr. Fanuele: This is an odd shaped lot. Where the pool is placed is the short
end, but it's a good place for the pool. It really doesn't interfere
with the neighbors.
Mr. Lehigh: Anyone else? Anyone in the audience? Hearing none.
Mr. diPierno: Motion to grant a neg. dec.
Mr. Warren: Second the motion.
Vote: All present voted aye.
Mr. Fanuele: Motion to close the Public Hearing.
Mr. Warren: Second the motion.
Vote: All present voted aye.
\..- Mr. Fanuele: Motion to grant the variance for a rear yard setback of 34
feet.
Mr. diPierno: Second the motion.
ZBA Roll Call: Mr. Warren, Aye.
Mr. diPierno, Aye.
Mr. Fanuele, Aye.
Mr. Lehigh, Aye.
ADDeal No. 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 vard setback of 15 feet is required, the
applicant is proposing a for side vard setback of 11.1 feet, thus requesting 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.
Present:
Mr. AI Roberts
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Town of Wappinger
Zoning Board of Appeals
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Minutes of September 24, 2002
Mr. diPierno: Motion to open the Public Hearing.
Mr. Warren: Second the motion.
Vote: All present voted aye.
Mr. Lehigh:
Mr. Roberts:
Mr. Lehigh:
Mr. Roberts:
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Mr. Fanuele:
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Are all the mailings in order? (Yes.)
Mr. Chairman, did you receive a copy of my letter?
Yes, I have the letter dated September 23, 2002 from Mr. Roberts
and a letter from Mr. Jay Paggi dated September 16, 2002.
This sketch is the survey the Kablaoui's received when they
purchased their home. This is clearly an error. The lots to their
immediate east are all based on the same variance. These are
different then the courses shown on the subdivision map. Dr.
Kablaoui did not know anything about this until the mid nineties
when he complained about some trees on Tall Trees Water District
property, in danger of falling onto his property. He wrote a letter
and that tripped off a whole series of things. After Jay Paggi's
office completed the survey, we said Dr. Kablaoui your on our
property. We didn't understand that he was basing all his
previous requests for building permits based on this sketch plan.
As you can see it did show 40 feet and clearly it is an error. I am
told that there are at least three other lots to his immediate east
that have the same problem. Some of them have worked it out by
mutual easements that allow their neighbor to continue using their
property. But this would be the first step in resolving that whole
sequence of events that have had a domino effect. The Town
Board has agreed to sell Dr. Kablaoui that property and the
engineer has indicated that the usual distance requirements from
a septic field to a well are about 200 feet. We are not going to
make that, we don't have it now and we are not going to make it
with this additional land. Although when the matter was referred
to our Planning Board the recommendation was made that when
the Town sells the land to Dr. Kablaoui that he not be permitted to
use that land for an extension of a septic field and that will be
included in the deed.
How are all the other people resolving this?
Town of Wappinger
Zoning Board of Appeals
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Mr. Roberts:
Mr. Lehigh:
Mr. Roberts:
Mr. diPierno:
Mr. Roberts:
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Mr. Fanuele:
Mr. Roberts:
Mr. Lehigh:
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Minutes of September 24, 2002
They probably need some relief. According to Dr. Kablaoui there
are some neighbors where their pools were discovered to be on
their neighbors property and I believe on one occasion the one
neighbor just granted the other a variance. I believe Dr. Kablaoui
is working on an arrangement with his neighbor to the immediate
east, which is the only one that he can resolve. It's just one of
these things that are going to get worse and not better. His
house, a portion of it, is on Town property. The Town doesn't
want that and at least this cures that portion of the problem.
Are there going to be any repercussions from the Board of Health?
No, since nothing has changed. In fact it is noted on this sketch,
it shows the distance from the well to his septic at 200 feet.
I'm not sure the people across the street even know about this. I
live on this street.
According to Kablaoui, at least two of the neighbors know about
this because they went to refinance and discovered it when they
had a survey.
How long ago did they go to refinance?
Victor, I don't know. You keep asking me about the other lots, I
don't have any first hand knowledge. There is no reason to
believe that Dr. Kablaoui knew that the sketch was inaccurate 40
years ago.
Does anyone have any other questions? Anyone one in the
audience? Hearing none.
Mr. diPierno: Motion to declare a neg. dec.
Mr. Warren: Second the motion.
Vote: All present voted aye.
Mr. diPierno: Motion to close the Public Hearing.
Mr. Warren: Second the motion.
Vote: All present voted aye.
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Town of Wappinger
Zoning Board of Appeals
Page 6
Minutes of September 24, 2002
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Mr. diPierno:
Motion to grant the variance of 3.9 feet for a side yard
setback, for setbacks only.
Second the motion.
Mr. Warren, Aye.
Mr. diPierno, Aye.
Mr. Fanuele, Aye.
Mr. Lehigh, Aye.
Mr. Warren:
ZBA Roll Call:
Discussions:
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ADDeaINo. 02-7143
Lawrence Travers
-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 reauired, the
applicant is proposing a for front yard setback of 24 feet for the installation
of a 7' X 12/ front deck with steDs, thus reauestinG a variance of 11 feet.
The property is located at 2 Wendy Road and is identified as Tax Grid No.
6258-01-016684 in the Town of Wappinger.
Present: Mr. Lawrence Travers
Mr. Travers: The deck is covering the existing entrance to the house, which is the
same size as the concrete pad that was there. Nobody in my
development has 35 feet from the street to their entrance.
Mrs. Lukianoff: Mr. Travers has a corner lot, which means two sides have to have
35 feet. This probably makes it a little more difficult for him to meet
the setbacks.
Mr. Fanuele: That doesn't make sense if his house is facing the same way as the
house next to him. How much space from the road to the steps?
Mr. Travers: I didn't change the design of the entrance. I just covered up an
ugly concrete eyesore.
Mr. Lehigh: I think we better go out there and take a look at this. How's
Saturday morning at 9:00 am.
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Town of Wappinger
Zoning Board of Appeals
Page 7
Minutes of September 24, 2002
Mr. Travers: Fine.
Mr. Lehigh: We will set the Public Hearing for October 8, 2002.
Mr. diPierno: Motion to adjourn.
Mr. Warren: Second the motion.
Vote: All present voted aye.
Meeting ended at 8: 00 PM
Respectfully Submitted,
~a-dauL QJ-tle~CI,'
Barbara Roberti, Secretary
Secretary - Zoning Board of Appeals