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2001-06-26 . . MINUTES MINUTES APPROV!D JUl 24 2601 Page 1 .. ~ Zoning Board of Appeals June 26, 2001 Summarized Minutes Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present Mr. Lehigh, Mr. Fanuele, Mr. diPiemo, Mr. Warren, Chairman Vice Chairman Member Member Absent: Mr. Prager, Member Others Present: Mrs. T. Lukianoff, Zoning Administrator Mrs. M. Gale, Secretary - ZBA SUMMARY \...,.. Public Hearings: Anthony & Colleen Savino Variance Granted Conditions for plantings Gerard & Maureen O'Meara Variance Granted Mr. Lehigh: First Item on the Agenda: APPEAL NO. 01-7095 ANTHONY & COLLEEN SA VINO- seeking an area variance for a 20-foot side yard setback from Section 240-37 of the Zoning Law of the Town of Wappinger requiring that a shed be 25 feet from the side yard in an R-40 Zone, therefore requesting a variance of 5 feet. The property is located at 83 DeGarmo Hills Rd. and is identified as Tax Grid No. 6258-02-730992 in the Town of Wappinger. ~ Page 2 : \... Mr. Lehigh: I need a motion to open the Public Hearings. Mr. Warren: So moved Mr. diPiemo: Second All present voted - Aye Mr. Lehigh: Come up and tell us what's going on. Mr. Savino: As you know, the main reason for putting this shed up is for storage, I have no storage in my home and I have to get my mom up as soon as I can, so I had to take my one car garage, that I had everything in - and build that into a bedroom for her, she's handicapped and she's down south by herself and I have to get her up here as quick as I can - she's 72 years old and she just can't be by her self. We were under the understanding that it had to be 20 feet - I didn't know it was 25 feet, we got the permit for it that's where I put it - I put it 20 feet away. \... Mr. Lehigh: We had talked when we were out there, moving the shed and making it permanent - you've decided not to do that? Mr. Savino: Yes - only because of the cost, it's going to be quite expensive to do that I don't really have the budget for that right now - if! can get the variance, I won't have to do that. Mr. Warren: What was the total cost to move it ? Mrs. Savino: To put the foundation down that would cost around $1,500 - then to move the shed - it's $300 each time it has to be moved. Mr. Warren: So you talking about $2,000 Mr. Savino: And that's part of the money I allotted to budget to build this room, I'm on a pretty tight budget. Mr. Fanuele: Are their mailings in order? - neighbors all got notified? Mr. Lehigh: Yes Mr. Fanuele: The one neighbor that was affected the most? ~ . . Page 3 \..,. Mr. Savino: He's not coming - he called me tonight just before we left the house. Mr. Lehigh: Any questions? It's an awful large shed, I have a problem with that, looks to me more like a garage, but that's only me. Mr. Fanuele: What we usually do when sheds are close to a property line, we ask for some landscaping on the side that faces the adjacent property owner. Mr. Savino: That's not a problem. Mr. diPiemo: It's to negate the view. Mr. Savino: In fact, I had trees - he made me cut them down. Mrs. Savino: He wants us to cut more down. \..,. Mr. Savino: He called me tonight and he's telling me "I'm doing the right thing, you do the right thing - I want more trees cut down in the back yard" - I said "Frank, that's my privacy, that's my woods, that's part of the beauty of the house - that's what I bought it for" - so he wants to talk to me Saturday. I was going to put up a privacy fence along that side, plant flowers... Mr. Fanuele: Put privacy there - dress it up. Mr. Savino: I have no problem with that, I planned on that, I wanted to put a driveway in up to the shed, so my mom could drive her car - she can't walk, she got double re-construction surgery on her knees, I was going to put a nice white picket fence, some flowers along side it, make it look really nice. If! have to move that - it's going to be really awkward, because it's going to be partially behind my house - I have no problem making it look mce. Mr. Lehigh: Does anybody in the audience have anything to say? (No response) Mr. Lehigh: Anything else, gentlemen? Mr. Fanuele: I make a motion to close the Public Hearing Mr. Lehigh: Let's do the NEG DEC - take a motion to have a NEG DEC. \.,.. . , Page 4 , . '-' Mr. Warren: So moved Mr. diPiemo: Second All present voted - Aye Mr. Lehigh: I've got a motion to close the Public Hearing Mr. diPiemo: Second All present voted - Aye Mr. Fanuele: I make a motion to grant the variance with the condition that the side that faces the property, get some landscaping a couple evergreens. Mr. Savino: That's not a problem, whatever you want. Mr. Lehigh: Size - we really should do that, make sure. .. \. Mr. Fanuele: We want something that's going to grow at least to the height of the shed over the next few years - 3 - one on each end, one in the middle. Mr. Savino: I will. Mr. Lehigh: Include that in the decision.. Mrs. Gale: As conditions, yes. Mr. diPiemo: I second the motion All in Favor - Roll Call Vote on that: Mr. Warren - Granted Mr. diPiemo - Granted Mr. Fanuele - Granted Mr. Lehigh - Abstain My reason for that is the shed - is a garage in my opinion, it's not a shed anything 12'x20' is not a shed, it's a garage, so I'm going to abstain from that. Mr. Lehigh: So, you've been granted a variance, and you can get in touch with the secretary. \. . . Page 5 I . Mr. Lehigh: Next Item \..,. APPEAL NO. 01-7096 GERARD & MAUREEN O'MEARA seeking a variance for 21-foot rear yard setback from Section 240-37 of the Zoning Law of the Town of Wappinger requiring that the installation of a new pool be 30 feet from the rear yard, therefore seeking a 9' variance. The property is located at 12 GARY PL. and is identified as Tax Grid No. 6258-01-060684 in the Town of Wappinger. Mr. Lehigh: I think that 9 foot is really 8 feet, we re-measured, make that 8 feet. I'll take a motion to open the Public Hearing. Mr. diPierno: So moved Mr. Warren: Second All present voted: - Aye \.- Mr. Lehigh: We went over and looked at your property, I didn't have any real problem with it, I don't know anything else you could do to have a pool, you've got screening you've got a fence in the back, belongs to the neighbor, but no sense in putting two in there. Does anybody else have any... Mr. Fanuele: He does have sort of an odd shaped lot, back yard - he's putting an 18 foot pool in, not really over-extending over on the side. Mr. Lehigh: Any questions? Mr. Warren: I just have a comment - I bet you've learned a lot from this experience? Mr. O'Meara - Yes Mr. Lehigh: You know - we're sending out letters to all the pool installers so we are going to see what happens with that. Do I hear a motion for a NEG DEe? Mr. Warren: So moved Mr. Fanuele: Second All in Favor: All present voted - Aye ~ . . .' Page 6 \.,.. Mr. Lehigh: Do I hear a motion to close the Public Hearing? - All the mailing are in. Mr. Warren: So moved Mr. diPiemo: Second All in Favor - All voted - Aye Mr. diPierno: I make a motion to grant the variance. Mr. Warren: Second All in Favor - Roll Call vote: Mr. Warren - Granted Mr. diPiemo - Granted Mr. Fanuele - Granted Mr. Lehigh - Granted Mr. Fanuele: Motion to adjourn '-' Mr. Warren: Second All in Favor - All present voted - Aye Meeting ended at 8:00PM Respectfully Submitted, ~~al~'~~ Secretary - Zoning Board of Appeals \.-