2001-06-26
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MINUTES
MINUTES
APPROV!D
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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
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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.
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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.
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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?
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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.
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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.
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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. ..
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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.
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Mr. Lehigh: Next Item
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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
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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
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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
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Mr. Warren: Second
All in Favor - All present voted - Aye
Meeting ended at 8:00PM
Respectfully Submitted,
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Secretary - Zoning Board of Appeals
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