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2001-03-27 J' MINUTES APPROVro APR 1 0 2001 MINUTES ~ Town of Wappinger Zoning Board of Appeals March 27, 2001 Summarized Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present Mr. Lehigh, Chairman Mr. Fanuele: Vice Chairman Mr. Warren: Member Members Absent: Mr. Prager, Member Mr. diPierno,Member Mrs. Lukianoff, Zoning Administrator Others Present Mrs. Gale, Secretary, ZBA '-' SUMMARIZED Public Hearing: Carol Palma-Meyer (Owner) Laura Colonna (Applicant) Variance Granted Discussion: William Curtin, Jr. Site Visit 3/30 Set Public Hearing for April 10, 2001 Mr. Lehigh: Because we only have three members of the Zoning Board present tonight, you can choose to be heard at a later date. Mrs. Colonna: Ifwe're heard and denied, do we have an option to be heard again, in front of a full Board? '-" Mr. Lehigh: No - To bring the same case back and forth, you have to have a majority plus one to be reheard. Mrs. Colonna: We have to do this now, because we're on a schedule with the company. Town of Wappinger Zoning Board of Appeals Summarized Minutes - March 13,2001 Page 2 ~ Mr. Colonna: We have to have an answer one way or another. Mr. Lehigh: OK - We'll proceed with Minutes, February 17, February 27, and March 17,2001. Any corrections? Mr. Fanuele: Motioned to approve minutes Mr. Warren: Second Mr. Lehigh: Stated he had a couple of minor ones, but decided not to list them. All In Favor? All- Aye Minutes are approved. Mr. Lehigh: Need a motion to open the Public Hearing Mr. Warren: Motioned to open ~. Mr. Fanuele: Second All in Favor - All: Aye Mr. Lehigh: We voted ourselves Lead Agency at the last meeting, do I hear a vote for NEG DEe? Mr. Fanuele: I vote for NEG DEC Mr. Warren: Second All in Favor - All: Aye Mr. Lehigh: Come forward and make a statement what your problem is. Mrs. Colonna: We want to put a 12 x 25' pool on our property, which is pie-shaped, it narrows as you get to the back of the house. The side we chose was, if you're facing the house - it would be on the left, we chose that side because in the back is the well, which would interfere with the placement of the pool and probably still would not give us the 40 feet. The right is inaccessible because of the driveway and garage, so we were hoping to put it on the left side facing the house and we can set it up nicely if we get the 10- foot variance. We already have the whole house fenced in, preparing for the pool, not knowing that we were going to come across a problem. '--" Town of Wappinger Zoning Board of Appeals Summarized Minutes - March 13,2001 Page 3 \... Mr. Lehigh: The fence is being moved, as you said when we were out there. Mr. & Mrs. Colonna: Yes, move back 6 or 8 feet and the pool sits 10 feet from the house, we weren't sure if we needed 5 feet or 10 feet, and 30 feet from the other end of the property. Mr. Lehigh: And the mailings were all mailed and they're all in? Mrs. Colonna: Yes, and I gave the receipt for the posting in the Southern Dutchess News, it's all done. Mr. Lehigh: OK - do you gentlemen have any other questions? Mr. Fanuele: Is the pool going to be fenced, with the white fence, is that going around the pool or just in front? Mr. Colonna: Does it need to be enclosed, because entire property is fenced. Mr. Lehigh: In the ground, right? Mr. Colonna: Right, with a 6-foot fence all around the whole property. Mrs. Colonna: Well we were considering it because it would designate the pool area and keep the dogs away, \.,. and small children, less of a worry with the yard being so opened. Mr. Fanuele: Property is fenced.. ..more privacy, keep people from looking in. Mr. Warren: You're going to fence the pool anyway? Mr. Colonna: We were thinking about that for the dogs. Mr. Lehigh: You don't have any small children? Mr. & Mrs. Colonna: No - they're teenagers, 20 years old. Mr. Lehigh: If you have relatives with small children. Mrs. Colonna: I like the idea of the fence. Mr. Fanuele: When you say fenced, white fence or chain link? Mrs. Colonna: Like the white fence - 2 Yz or 3 feet. Mr. Lehigh: You're one side is fenced in without any.... \.... Mrs. Colonna: To match the rest - we did the chainlink on the outskirts so you would still see the trees and the lush shrubs and make it look nice. Town of Wappinger Zoning Board of Appeals Summarized Minutes - March 13,2001 Page 4 \. Mr. Lehigh: Is there anything else? Mr. Fanuele: You would object to that as a condition? Mrs. Colonna: No - That's fine. Mr. Lehigh: Anybody in the audience have any questions? (No response) Mr. Fanuele: Motion to close Public Hearing Mr. Warren: Second Mr. Lehigh: All in Favor All: Aye Mr. Lehigh: Do I have a motion? '-" Mr. Fanuele: I make a motion to grant the variance with the condition of, what did we say? a 4-foot fence. Mrs. Colonna: Yes, something low, white vinyl Mr. Lehigh: Do I hear a second? Mr. Warren: Second that motion Mr. Lehigh: All in Favor All: Aye Mr. Lehigh: With the fence as stipulated. I'd also like to say, we looked at the property, viewed it and we don't see any other way that you could put a pool, except in that location. It wouldn't be detrimental to near by properties, and all standard things that need to be met have been met. Everybody voted in the affirmative can we have a roll call vote. Mr. Warren: Granted Mr. Fanuele: Granted Mr. Lehigh: Granted, you variance has been granted. '-" Town of Wappinger Zoning Board of Appeals Summarized Minutes - March 13,2001 Page 5 \. Next Item: DISCUSSION: Appeal No. 01-7090 WILLIAM CURTIN. JR. - Seeking area variance of 6.8 ft. for minimum side yard setback of25 feet from Section 240-37 for R-40 Zoning District. Applicant has 18.2 ftoo Property is located on 1 Erin Sue Dr. and is identified as Tax Grid No. 6057-04-989490 in the Town of Wappinger. Mr. Lehigh: Come up, this is merely a discussion tonight to hear what you want to do, why you want to do it, and if need be we may need to come out and look at it. Mr. Curtin: I was in the process of going for the CO for the pool, we measured it out on the survey map and was short on feet - that's why I'm here, to ask for a variance. Mr. Lehigh: So you're short 6.8 feet? Mr. Curtin: Yes sir ~ Mr. Lehigh: This is going to be an in ground pool, is it there now, installed? Mr. Curtin: Yes sir Mr. Fanuele: Who put the pool in? Mr. Curtin: Kind Pools Mr. Lehigh: According to this drawing, it looks like the pool makes it on one side and doesn't on the other? Mr. Curtin: Yes sir Mr. Lehigh: So you're 25.6' on one and 18.2' on the other. Mr. Curtin: The way the house sits. Mr. Lehigh: What do you think, Victor? Mr. Fanuele: Here's another one - the pool's in, the contractor put it in without telling you, you need a permit, or do you have a permit? \....- Mr. Curtin: I have a permit for the pool. Mr. Fanuele: What were the dimensions on the permit? ]I (, ~. Town of Wappinger Zoning Board of Appeals Summarized Minutes - March 13,2001 Page 6 ~ Mr. Curtin: I wasn't understanding what - 15' or so, because I went to draw a plot plan, there were a couple of discrepancies on the plot plan. I misunderstood the dimensions, because they wanted it from the house to the other end, like 150' - I don't know if you have the Plan in front of you - that's the one we had most recently made all final changes. Mr. Fanuele: When you were issued the Building Permit - what were the setbacks? Mr. Curtin: 25 feet - I guess I gave the wrong feet, I thought 30 feet - when they started digging in one comer they hit a big hole, where the builder buried a lot of garbage and he didn't think it would be strong enough in that area, so that's why he dug over a little further. I had to bring in, I don't know how many yards of bank run. Mr. Fanuele: So when it was being dug, that's when you noticed the problem of the stuff that was buried. Mr. Curtin: I had to bring in a dumpster. Mr. Lehigh: Well - when you changed the print, that would have been the time to stop work and to come for a variance, but since that's done.. Mr. Fanuele: Who lives next to you - on the side where the pool is? ~ Mr. Curtin: John and Eleanor Ness. Mr. Fanuele: There's no boundary? Mr. Curtin: Small stone wall by the property line and I have my fence, white vinyl. Mr. Lehigh: How high is that? Mr. Curtin: I guess 5 feet, along the property line. Mr. Warren: Your neighbors - they can't see the pool at all? Mr. Curtin: They can see it, but not actually the pool itself, if they're standing in the driveway. Mr. Lehigh: In other words - if you're standing at your pool- they can see your head. How close is that to their house, in other words, their house is 40 feet from that.... Mr. Curtin: At least that, they have the whole length of their driveway and some maybe - 15 or 20 feet of grass before they get to their driveway. \..,- Mr. Lehigh: They're not unhappy at all, that you know of? Mr. Curtin: No, we get along very well together. _ ... ... ~ IIIl.. Town of Wappinger Zoning Board of Appeals Summarized Minutes - March 13,2001 Page 7 ~ Mr. Lehigh: Do you want to pay a visit - Saturday? Mr. Warren: I've got to get a hold of Jerry. Mr. Lehigh: Since it's that close to the line, I think we should go see it. Alright, Saturday, March 3151 at 9:00AM - we'll take a look at it - see what it look like. I'd like to have a motion to have the ZBA as Lead Agency. Mr. Warren: Motioned Mr. Fanuele: Second Mr. Lehigh: All in Favor - All: Aye We'll hold off the NEG DEe until the Public Hearing. We'll come out Saturday and make the Public Hearing for April 10, 2001. Mr. Lehigh: Before we close the hearing - do you want to have a look at this? (showing a schedule of classes and asked if anyone was interested in them). Mr. Warren: Motioned to adjourn \.... Mr. Fanuele: Second All in Favor: All- Aye Meeting ended at 8:00PM ~~ 0 dUe Mic elle D. Gale - Secretary Zoning Board of Appeals ~