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2008-10-28 T own of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals October 28, 2008 Summarized Minutes Members: Mr. Prager, Mr. McVeigh, Mr. DellaCorte, Ms. McEvoy-Riley, Mr. Casella, Others Present: Mr. Horan, Mrs. Lukianoff, Mrs. Roberti, Page 1 Chairman Member V ice-Chairman Member Member Minutes of October 28, 2008 Town Hall 20 Middlebush Road Wappinger Falls, NY Attorney Zoning Administrator Secretary SUMMARY Public Hearine: Potter Bros. Ski Shop Safet & Dije Kucana Discussions: Todd Mikus Juan & Magdalena Acosta Bre-Del Enterprises, Inc. DCH Investments, Inc. -Granted two variances -Variance Granted -Public Hearing on November 18,2008. -Public Hearing on November 18, 2008. -Public Hearing on November 18, 2008. -Public Hearing on November 18, 2008. Page 2 Town of Wappinger Zoning Board of Appeals '-' Mr. Casella: Mr. DellaCorte: Vote: Mr. Casella: Mr. DellaCorte: Vote: Mr. Casella: Mr. DellaCorte: Vote: Minutes of October 28, 2008 Motion to approve the site minutes for September 9, 2008. Second the motion. All present voted aye. Motion to approve the site minutes for September 23, 2008. Second the motion. All present voted aye. Motion to approve the site minutes for October 14, 2008. Second the motion. All present voted aye. Appeal No. 08-7380 Potter Brothers Ski and Patio-Seeking an area variance of Section 240-59A of District Regulations in an HB Zoning District. -Where the code states "No structure or combinations of structures for said temporary use shall exceed 1.000 square feet in I!ross floor area", the applicant is proposing to use a 30' X 75' tent that would equal 2.250 square feet. thus reQuestinl! a variance of 1.250 square feet for the proposed tent size. -Seeking an area variance of Section 240-59H of District Regulations in an HB Zoning District. -Where the code limits temporary events to three times a year, the applicant is proposinl! to have five temporary events per year, thus reQuestinl! a variance of two ~ additional temporary events per year. The property is located on 1083 Route 9 and is identified as Tax Grid No. 6156-02- 710924 in the Town of Wappinger. Mr. Prager: Mrs. Roberti: Mr. DellaCorte: Ms. McEvoy-Riley: Vote: Mr. Potter: Mr. Prager: Mr. Potter: Mr. McVeigh: ~ Mr. Potter: Are the mailings in order? Yes they are. Motion to open the public hearing. Second the motion All present voted aye. We require an additional 400 sf for our tent to protect our merchandise and for security. We are also requesting five events per year where only three are allowed. Have you had any problems in the past year? No. Is this tent the same size as last year's tent? Yes. Town of Wappinger Zoning Board of Appeals ~ Mr. DellaCorte: Mr. Potter: Mr. Prager: Mr. John Lawrence: Ms. McEvoy-Riley: Mr. Casella: Vote: Ms. McEvoy-Riley: Mr. Casella: Roll Call: \... Page 3 Minutes of October 28, 2008 What size is that? 20' X 70'. Are there any questions in the audience? I am the landlord and they did a great job all last year and we are all for this. Motion to close the public hearing. . Second the motion All present voted aye. Motion to grant the variance. This will not produce an adverse affect on the surrounding neighborhood. I see no other means to achieve this and even though it's self-created there are no environmental concerns. Second the motion Mr. McVeigh: Aye. Ms. McEvoy-Riley: Aye. Mr. DellaCorte: Aye. Mr. Casella: Aye. Mr. Prager: Aye. Appeal No. 08-7379 Safet & DUe Kucana- Seeking area variances of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a side yard setback of 20 feet is required, the applicant is proposine: a side yard setback of 13 feet. to allow for a 17' X 28' inground pool, thus reQuestine: a variance of 7 feet. The property is located at 46 Carroll Drive and is identified as Tax Grid No. 6257-04- 818472 in the Town of Wappinger. Mr. Prager: Mrs. Roberti: Ms. McEvoy-Riley Mr. DellaCorte: Vote: ~ Are the mailings in order? Yes they are. Motion to open the public hearing. Second the motion All present voted aye. Town of Wappinger Zoning Board of Appeals Mr. Kucana: '- Mr. Prager: Mr. Casella: Mr. DellaCorte: Vote: Mr. DellaCorte: Mr. Casella: Roll Call: Mr. Kucana: \..r Page 4 Minutes of October 28, 2008 I have three children and I would like to give them a pool. Most of my neighbors have pools also. I am looking for a 7 foot vanance. We did a site inspection for this property for the record. Are there any questions in the audience? Hearing none. Motion to close the public hearing. Second the motion All present voted aye. I make a motion to grant the variance. I don't see any other way for them to achieve this. I don't see an undesirable change to the neighborhood. The request is substantial and self-created but I see no environmental or physical affects. Second the motion Mr. McVeigh: Aye. Ms. McEvoy-Riley: Aye. Mr. DellaCorte: Aye. Mr. Casella: Aye. Mr. Prager: Aye. Thank you. Appeal No. 08-7383 Todd Mikus- Seeking area variances of Section 240-37 of District Regulations in an R- 40 Zoning District. -Where a side yard setback of 25 feet is required, the applicant is proposine: a side yard setback of 3.5 feet. to allow for a 12' X 20' shed, thus requestine: a variance of 21.5 feet. The property is located at 33 Vandewater Drive and is identified as Tax Grid No. 6259-04-774257 in the Town of Wappinger. Mr. Mikas: Mr. Prager: Mr. Mikas: Mr. Prager: '-' Mr. DellaCorte: I put up a shed because a needed additional storage space. I never imagined that I needed a permit for it. The reason I put it where I did was to be consistent with my neighbor's yards. How long have you lived there? A little more than three years although my father has been there for over 40 years. I see there are many slopes there. How did this come up? Town of Wappinger Zoning Board of Appeals Page 5 Minutes of October 28, 2008 '-' Mr. Mikas: I put a deck on the rear of the house and when Mr. Morello came out to inspect the deck he informed me that I needed a permit for the shed as well. Mr. DellaCorte: Where exactly is this? Mr. Mikas: Went up to the dais to discuss the deck and the location of the house. Mr. Prager: We will set your site visit for November 1, 2008 and your public hearing for November 18, 2008. Mr. Mikas: Thank you. Appeal No. 08-7384 Juan & Mae:dalena Acosta- Seeking area variances of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a rear yard setback of 40 feet is required, the applicant is proposine: a rear yard setback of 18 feet. to allow for a 16' XIS' 10" Deck, thus requestine: a variance of 22 feet. The property is located at 2 Baldwin Drive and is identified as Tax Grid No. 6258-04- 568061 in the Town of Wappinger. ~ Mr. Acosta: I need a variance for a pre-existing deck that was already there when I bought the house in 1998. I didn't know it was in violation. Mr. Casella: How then did this corne about? Mr. Acosta: I bought a Walmart pool and they came out and discovered it. Mr. Prager: Can you bring your survey in so we may copy it. Also mark out your property line for our site visit. Mr. Horan: Do you have a fence? Mr. Acosta: No. Mrs. Acosta: When we closed on the house our lawyer said everything was ok with the house. Mr. Prager: Well we will corne out to look at this and we will set your public hearing for November 18, 2008. ~ Mr. Acosta: Thank you. Town of Wappinger Zoning Board of Appeals Page 6 Minutes of October 28, 2008 '-" Appeal No. 08-7382 Bre-Del Enterprises. Inc. Seeking an area variance of Section 240-18(E) of District Zoning Regulations for HB Zoning. -Where 100 feet from the Wappine:er Creek and flood plain is required. the applicant can only provide 50 feet. thus reQuestine: a variance of 50 feet. The property is located on 210 New Backensack Road and is identified as Tax Grid No. 6259-02-508806 in the Town of Wappinger. Present: Nick DeLuccia Mr. DeLuccia: We had gone to the PB and were advised that we needed a variance for the front yard and at the time they waived this variance. We then received the variance for the front yard setback and now they realize that we did indeed need this variance because they don't have the authority to waive this. Mrs. Lukianoff: This is not the buffer, just the stream and a certain section of the code states that the PB can't waive this. Mr. Horan: Section 240- 70( c) states that lots bordering the stream .... .read from the code for the board. \.- Mr. DeLuccia: We understand we cannot disturb any growth in the rear here. Mrs. Lukianoff: This does not impact the floodplain at all. Mr. Prager: Does this require the DEC to approve this? Mr. Horan: The DEC only regulates the first 50 feet but the town regulates 100 feet. Tania does the parking lot fall under this? Mrs. Lukianoff: No, the parking lot is not considered a structure. Discussion took place as the board went over the map. Mr. Prager: We will set your public hearing for November 18, 2008. ~ Appeal No. 08-7381 DCB Investment Inc. Seeking an area variance of Section 240-70, Paragraph C of District Zoning Regulations for HB Zoning. -Where overhead e:arae:e doors providine: access to service and repair facilities shall not be located faciDS! any street and shall be visually butTed from surroundine: residential districts, the applicant is proposing six overhead e:arae:e doors to be located facine: Route 9. Town of Wappinger Zoning Board of Appeals Page 7 Minutes of October 28, 2008 '-' The property is located between Old Route 9 & Route 9 and is identified as Tax Grid No. 6157-02-589645/585606 in the Town of Wappinger. Present: Lee Bums - Wappinger Toyota manager Larry Paggi - Engineer Mr. Paggi: Gave history of the project for the board. There will be two doors on the Route 9 side of the building and four doors on the Old Route 9 side of the building. Mr. Prager: I see a good grade here. Mr. Casella: Are there any environmental impacts with this site during construction? Mr. Paggi: There is remediation going on there right now. Mr. Bums: That will not be a problem with this building at all. Mr. Casella: How long do you think this will take to construct? Mr. Paggi: About 10 months is our goal. .~ Mr. DellaCorte: Will the service bay door be closed most of the time? Mr. Paggi: Yes. Mr. Bums: There will be 36 stalls for servicing where we only can service 11 now. It will be air-conditioned and heated in there. Mr. Prager: We will also set your public hearing for November 18, 2008. Mr. Paggi: Thank you. Ms. McEvoy-Riley: Mr. Casella: Vote: Motion to adjourn. Second the motion All present voted aye. Meeting ended at 7:45 PM " '-"