2008-06-10
Town of Wappinger
Zoning Board of Appeals
MINUTES
Town of Wappinger
Zoning Board of Appeals
June 10,2008
Summarized Minutes
Members:
Mr. Prager,
Mr. Me V eigh,
Mr. Casella,
Member Absent:
Page 1
Minutes of June 10, 2008
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member
Member
Mr. DellaCorte, Vice-Chairman
Ms. McEvoy-Riley, Member
Others Present:
Mr. Horan,
Mrs. Lukianoff,
Mrs. Roberti,
Town Attorney
Zoning Administrator
Secretary
MINUTES
IJ"PPROVED
JUl 22 2008
SUMMARY
Adiourned Public Hearin2s:
David Estremera
Michael Matuskovic
Public Heario2s:
Michael & Keri Driscoll
RJ A Holdings
Discussions:
Bre-Del Enterprises
-APH to June 24, 2008.
- Variance Granted.
-Variance Granted.
-APH to June 24, 2008.
-Public Hearing on June 24, 2008.
Page 2
Town of Wappinger
Zoning Board of Appeals
Minutes of June 10,2008
Appeal No. 08-7369- Amended
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 required, the applicant is proposin!! a side yard setback of 26.7
feet. to allow for a 22'X 26' Elliptical in-ground pool, thus requestin!! a variance of 13.3 feet.
-Where a side yard setback of 40 feet is required, the applicant is proposin!! a side yard setback of 28.6
feet. to allow for a 13 'X 15' CabanaIPool House, thus requestin!! 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.
WAITING FOR DCHD APPROVAL AND MAP TO SHOW WASTE LINES
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Mr. Casella:
Mr. McVeigh:
Vote:
Mr. Prager:
Mr. Casella:
Mr. McVeigh:
Vote:
Motion to open the adjourned public hearing.
Second the motion
All present voted aye.
The applicant is still waiting for the HD approval so we will adjourn this to
June 24, 2008.
Motion to adjourn this to June 24, 2008.
Second the motion
All present voted aye.
Appeal No. 08-7371
Michael & Maryann Matuskovic- 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 proDOsin!! a side yard setback of 19
feet. to allow for a 24' X 15' above ground pool, thus requestin!! a variance of 6 feet.
The property is located at 83 Smith Crossin!! Road and is identified as Tax Grid No. 6259-02-976692 in
the Town of Wappinger.
'--'
Mr. McVeigh:
Mr. Casella:
Vote:
Mr. Prager:
Mrs. Matuskovic:
Mr. Prager:
Mr. Casella:
Mr. McVeigh:
Vote:
Mr. McVeigh:
Mr. Casella:
Roll Call:
'-"
Motion to open the adjourned public hearing.
Second the motion
All present voted aye.
Have you received your CO on your shed?
Yes we did. We are looking to get a variance for our new pool that will be
attached to our deck which we received a variance for when it was put in.
Is there anyone in the audience with a question? Hearing none. We did go
out and do a site visit and I don't see a problem with this.
Motion to close the public hearing.
Second the motion.
All present voted aye.
Motion to grant the variance. This is not substantial, it will not be
detrimental to the neighborhood nor will it pose any environmental
affects and it is self-created.
Second the motion.
Mr. McVeigh:
Mr. Casella:
Mr. Prager:
Aye.
Aye.
Aye.
Page 3
Town of Wappinger
Zoning Board of Appeals
Minutes of June 10, 2008
~ Appeal No. 08-7373
Michael & Keri Driscoll- 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 reauired, the applicant is proposine: a side yard
setback of 10 feet. to allow for a 24' round above ground pool, thus reauestine: a variance of 10
feet.
The property is located at 194 Widmer Road and is identified as Tax Grid No. 6258-01-426798
in the Town of Wappinger.
Mr. Prager:
Mrs. Roberti:
Mr. McVeigh:
Mr. Casella:
Vote:
Mr. Prager:
Mr. Driscoll:
~
Mr. Prager:
Mr. Casella:
Mr. McVeigh:
Vote:
Mr. McVeigh:
Mr. Casella:
Roll Call:
Are the mailings in order?
Yes they are.
Motion to open the adjourned public hearing.
Second the motion
All present voted aye.
For the record we have done a site visit at different times do to our work
schedules.
We are looking to put in a 24' AG pool and we would like it 10 feet off of
our side property line for the children's safety and because our septic is in
the middle of the yard.
Your property is very long and narrow and your septic is in the middle.
Are there any questions from the audience? Hearing none.
Motion to close the public hearing.
Second the motion
All present voted aye.
Motion to grant the variance. This is substantial but will not be
detrimental to the neighborhood, there will be no environmental
impacts and this is self-created.
Second the motion
Mr. McVeigh:
Mr. Casella:
Mr. Prager:
Aye.
Aye.
Aye.
Appeal No. 08-7372
R..J.A. Holdine:s. Inc.- Seeking area variances of Section 240-20 9(a) of District Regulations in
an R-40 Zoning District.
-Required is access over own frontage, the applicant can provide access however it is through the
Federal Wetlands. Seeking an area variance for two driveways to utilize the existing driveway
after a proposed lot line re-alignment.
The property is located at All Ane:els Hill Road and is identified as Tax Grid No. 6259-03-
410112/486056 in the Town of Wappinger.
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Page 4
Town of Wappinger
Zoning Board of Appeals
'-"
Present:
Mr. Prager:
Mrs. Roberti:
Mr. Casella:
Mr. McVeigh:
Vote:
Mr. Barger:
Mr. Prager:
Mr. Hedson:
Mrs. Roberti:
.....,
Mr. Prager:
Mr. Do Chong:
Mr. Manz:
Mr. Pelech:
Mr. Horan:
Mr. Manz:
Mr. Barger:
Mr. Horan:
Mr. Prager:
Mr. McVeigh:
Mr. Casella:
Vote:
'-"
Minutes of June 10,2008
Dick Barger - Engineer
Robert Macho - Applicant
Are the mailings in order?
Yes they are.
Motion to open the public hearing.
Second the motion
All present voted aye.
The applicant built the house here and put in the driveway through the
wetlands with permits. He then bought the land in the rear and would like
to subdivide off 50 feet for a future road or driveway. We would like to
have the existing house continue to use this as a shared driveway.
Is there anyone in the audience with a question?
Walter Hedson, 272 All Angels Hill Road. I was just wondering why I
received a certified letter on this.
Because you live across or next to this, by law you are notified that they
are seeking an area variance.
Would everyone who has interest in this please come forward and state
your name and address.
Hyun Do Chong, 12 Stonewall Drive
Joe Manz, 8 Stonewall Drive.
Joe Pelech, 10 Stonewall Drive.
This subject variance is to allow the existing house to use this road.
Where are the wetlands?
Described the map and the wetlands to everyone.
Much discussion took place as to where the wetlands were located.
Explained the reason for the variance and that the driveway already exists.
We will adjourn this until June 24th so that we may do a site visit.
So moved.
Second the motion
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
\.r
Page 5
Minutes of June 10, 2008
Apoeal No. 08-7374
Bre-Del Enterprises. Inc.- Seeking area variances of Section 240-37 of District Regulations in
an NB Zoning District.
-Where a front vard setback of 75 feet is required, the applicant is proposine: a front vard
setback of 43 feet. to allow for a commercial office building, thus reQuestine: a variance of 32
feet.
The property is located on Route 376 and is identified as Tax Grid No. 6259-02-508806 in the
Town of Wappinger.
Present:
Mr. Barger:
Mr. Prager:
Mr. Barger:
....
Mr. Prager:
Mr. Barger:
Mr. Prager:
Mr. Horan:
Mr. Barger:
Mr. Casella:
Mr. McVeigh:
Vote:
Dick Barger: Engineer
Nick DeLuccia: Applicant
This property is located between the Bookworm and Bottini on the south
side of Route 376. The lot is small and we can't get a building permit
without the relief of a variance. Because this backs up to Wappinger Creek
the planning board has asked us to move the building forward in order to
be in line with the other existing buildings that are already there. Went
over the plans for the ZBA.
The town ordinance is 100 to the creek, correct?
Yes but we have only 86' to the stream. We can't meet the buffer but he
PB understands that.
I think we should do a site visit.
We will mow the site and stake out where the building will be.
That will be great. We will come out Saturday and set your PH for June
24, 2008. Also we did get a letter of recommendation from the PB in favor
of this.
I was present for this at one of the PB meetings and this is a very difficult
lot.
Thank you.
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 8:00 PM
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Zoning Board of Appeals