2008-08-26
T own of Wappinger
Zoning Board of Appeals
MINUTES
Town of Wappinger
Zoning Board of Appeals
August 26, 2008
Summarized Minutes
Members:
Mr. Prager,
Mr. DellaCorte,
Mr. Casella,
Ms. McEvoy-Riley,
Mr. McVeigh,
Others Present:
Mrs. Lukianoff,
Mrs. Roberti,
Page 1
Chairman
Vice-Chairman
Member
Member
Member
Minutes of August 26, 2008
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Zoning Administrator
Secretary
SUMMARY
Decision:
David Estremera
Discussions:
Willis & Peggie Montgomery
Extensions:
Jeffery Strang
Degnan Site Plan
-Granted two variances
-Public Hearing on September 9,2008
-Accepted 6 month extension on closed PH.
-Accepted 6 month extension on closed PH
Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of August 26, 2008
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Appeal No. 08-7369
David & Diana Estremera- Seeking area variances of Section 240-37 of District Regulations in
an R-40/80 Zoning District.
-Where a side yard setback of 40 feet is reauired, the applicant is proposios! a side yard
setback of 26.7 feet. to allow for a 22'X 26' Elliptical in-ground pool, thus reauestin2 a
variance of 13.3 feet.
-Where a side yard setback of 40 feet is reauired, the applicant is proposin2 a side yard
setback of 28.6 feet. to allow for a B'X 15' CabanaIPool House, thus reauestin2 a variance of
11.4 feet.
The property is located at 67 Red Hawk Hollow Road and is identified as Tax Grid No. 6359-
02-882592 in the Town of Wappinger.
Mr. Prager:
So you are here for a decision tonight.
Mr. Estremera:
Yes I am hoping to end this tonight.
Mr. Prager:
Any questions from the board members? (No.)
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Ms. McEvoy-Riley:
Roll Call:
Motion to grant both variances. This will not be a change to the
neighborhood. I see no adverse impacts and this is not unique
although self-created.
Second the motion
Mr. McVeigh:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Mr. Casella:
Mr. Prager:
Aye.
Aye.
Aye.
Aye.
Aye.
Mr. Casella:
Mr. Estremera:
Thank you.
Appeal No. 08-7377
Pe2IDe & Willis Mont20merv- Seeking area variances of Section 240-37 of District Regulations
in an R-I0 Zoning District.
-Where a side yard setback of 12 feet is reauired, the applicant is proposin2 a side yard
setback of 9.5 feet. to allow for an 18 foot above ground pool, thus reauestin2 a variance of 2.5
feet.
-Where a rear yard setback of 25 feet is reauired, the applicant is proposin2 a rear yard
setback of 7 feet. to allow for an 18 foot above ground pool, thus reauestin2 a variance of 18
feet.
The property is located at 9 Cavu2a Drive and is identified as Tax Grid No. 6157-02-545520
in the Town of Wappinger.
Mr. Montgomery:
I need a variance for my rear yard for our pool. I bought the house in
1986 with a pool that didn't have a permit. It leaked years later so we
replaced it.
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Ms. McEvoy-Riley:
When did you replace it?
Town of Wappinger
Zoning Board of Appeals
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Mr. Montgomery:
Ms. McEvoy-Riley:
Mr. Montgomery:
Mr. Prager:
Mrs. Lukianoff:
Mr. Montgomery:
Mrs. Lukianoff:
Mr. Montgomery:
Page 3
Minutes of August 26, 2008
We bought the new one on March 4, 2004.
How did this come up?
We came in for a permit and this came up because we needed electric.
We will do a site visit on August 30, 2008 and set your public hearing
for September 9, 2008. Please stake out your property lines.
Is this pool the same size as the old pool?
Yes.
Prior to 1996 there was no difference in setback to accessory
structures. They may need a variance now but maybe not back then.
Thank you.
Appeal No. 06-7333-
.Jeffrev Strane: - Applicant is granting an additional 6 month extension of the closed public
hearing. This extension would run from August 14, 2008 through February 27,2009
Seeking area variances of Section 240-37 and Section 240-107B (2) (b) [2] of District Zoning
Regulations for HB Zoning.
1. -Where 2 acres are reauired, the applicant is proposing 1.78 acres to allow for a mix of
commercial and multi-family housine:. thus reauestine: a variance of .22 acres.
2. -Where a lot depth of 200 feet is reauired, the applicant is proposing a lot depth of 107.8
feet to allow for a pre-existine: condition. thus reauestine: a variance of 92.2 feet.
3.-Where 50 feet from the from the front line of other street (Town Road) is reauired. the
applicant can provide 7.9 feet, thus reauestine: a variance of 42.1 feet for a front yard
setback.
4.-Where a rear yard setback of 30 feet is reauired, the applicant is proposine: a rear yard
setback of 13 feet. to allow for the proposed design, thus reauestine: a variance of 17 feet.
The property is located between Old State Road and Old Route 9 and is identified as Tax Grid
No. 6157-02-580777/581803 in the Town of Wappinger.
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Mr. DellaCorte:
Mr. McVeigh:
Vote:
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Motion to accept their 6 month extension.
Second the motion
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of August 26, 2008
'-' Appeal No. 06-7299
.John Deenan - Applicant is now granting an additional six month extension while they appear
before the planning board. This extension would begin on September 6, 2008 through March
5, 2009. Seeking an area variance of Section 240-37 of District Regulations in an HD Zoning
District.
-Where a lot depth of 300 feet is reauired, the applicant is proposine a lot depth of 260 feet to
allow for a pre-existing condition, thus reauestine a variance of 40 feet.
The property is located at 1708 Route 9 and is identified as Tax Grid No. 6158-02-543530 in
the Town of Wappinger.
(Public Hearing was closed on April 11, 2006. )
Ms. McEvoy-Riley:
Mr. Casella:
Vote:
Motion to accept their extension for 6 months.
Second the motion
All present voted aye.
Ms. McEvoy-Riley:
Mr. Casella:
Vote:
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 7:45 PM
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B ara Roberti, Secretary
Zoning Board of Appeals
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