2008-05-28
Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of May 28, 2008
MINUTES
MINUTES
APPROVED
JUL
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Town of Wappinger
Zoning Board of Appeals
May 28, 2008
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. Prager, Chairman
Ms. McEvoy-Riley, Member
Mr. McVeigh, Member
Member Absent:
Mr. DellaCorte,
Mr. Casella,
Vice-Chairman
Member
Others Present:
Mr. Horan,
Mrs. Lukianoff,
Mrs. Roberti,
Town Attorney
Zoning Administrator
Secretary
SUMMARY
Public Hearin2s:
Marilyn Turner Shultz
-Variance Granted.
Michael Matuskovic
-APH to June 10,2008.
Discussions:
Michael & Ken Driscoll
-Public Hearing on June 10, 2008..
RJA Holdings
-Public Hearing on June 10,2008.
Town of Wappinger
Zoning Board of Appeals
\.,.
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
Page 2
Minutes of May 28, 2008
Motion to approve the site minutes for May 17, 2008.
Second the motion.
All present voted aye.
Appeal No. 08-7370
Marilynn Turner-ShuItz- 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 3
feet. to allow for a 2-car detached 24' X 26' garage with electric, thus reauestine a variance of 17 feet.
The property is located at 92 All Aneels Hill Road and is identified as Tax Grid No. 6258-01-496666 in
the Town of Wappinger.
Mr. Prager:
Mrs. Roberti:
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
Mrs. Shultz:
Mr. Prager:
Mrs. Shultz:
.'-- Mr. Prager:
Mrs. Shultz:
Mr. Prager:
Mrs. Shultz:
Mr. Prager:
Mrs. Shultz:
Mr. Prager:
Ms. Carmeltano:
Mrs. Shultz:
Mr. Prager:
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
\.
Are the mailings in order?
Yes they are.
Motion to open the public hearing.
Second the motion
All present voted aye.
Gave overview of requested variance for the board and the public.
Can you tell us how you back out now from your driveway?
We actually go into the gravel area.
Will you be able to back out?
Yes.
Are you using that garage as an office?
No longer.
Do the pool and the shed have CO's?
Yes both do.
We do not have a full board tonight. Is there anyone in the audience with a
question or comment?
Deborah Carmeltano, 90 All Angels Hill Road. We are right next door to
Marilynn and we are ok with the proposed garage.
The driveway is very steep and that's why it is placed over here.
Anyone else with a comment? Hearing none.
Motion to close the public hearing.
Second the motion
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
Ms. McEvoy-Riley:
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Mr. McVeigh:
Roll Call:
Mrs. Shultz:
Page 3
Minutes of May 28, 2008
I make a motion to grant the variance. It will not produce an undesirable
effect on the neighborhood. It will not be detrimental, I see no other feasible
way to achieve this although this is substantial but it really it a steep hill and
the property is unique and this is self-created.
Second the motion
Ms. McEvoy-Riley: Aye.
Mr. McVeigh: Aye.
Mr. Prager: Aye. I would like to add this statement. When you
build or excavate any thing I would ask that you try to move this over 1, 2 or
more feet if at all possible.
Thank you.
Apneal 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 proposing: a side yard setback of 19
feet. to allow for a 24' X 15' above ground pool, thus reQuesting: a variance of 6 feet.
The property is located at 83 Smith Crossing: Road and is identified as Tax Grid No. 6259-02-976692 In
the Town of Wappinger.
Mr. Prager:
Mrs. Roberti:
\....
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
Mr. Matuskovic:
Mr. Prager:
Mr. Matuskovic:
Mr. Prager:
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
Are the mailings in order?
Yes they are.
Motion to open the public hearing.
Second the motion
All present voted aye.
I put up a deck five years ago and received a variance for it. I would like to
add a pool to the deck now.
Does the shed you have on the property have a CO?
No.
You need to get that in order first before we can vote on this. Apply to the
building department and get that legalized and then we can vote on this.
Motion to adjourn to June 10,2008.
Second the motion
All present voted aye.
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 reQuired, the applicant is proposing: a side yard setback of 10
feet. to allow for a 24' round above ground pool, thus reQuesting: 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.
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Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of May 28, 2008
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Mrs. Driscoll:
We bought this pool at the end of last season. We wanted it in the middle of
the yard but our septic fields are there.
Mr. Prager:
We will go out on a site visit this Saturday, May 3151 and set your public
hearing for June 10, 2008. Have the pool and your property line staked out
for us.
Mrs. Driscoll:
Thank you.
Appeal No. 08-7372
R..J.A. Holdinl!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 Anl!els Hill Road and is identified as Tax Grid No. 6259-03-410112/486056
in the Town of Wappinger.
Present:
Steve Bums - Engineer
Robert Macho - Applicant
Mr. Bums:
This property is on All Angels Hill Road. The first parcel is 2.5 acres and the
second parcel is 19.4 acres.
Mrs. Lukianoff:
They are appealing the code that states that every lot have road frontage for its
own driveway.
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Mr. Bums:
The existing driveway is 12 foot wide.
Mr. Horan:
I just want to declare that I have represented Rob Macho in the past and he is
a client of our firm. Now can you go through the wetlands?
Mr. Bums:
Not really, that would cause the wetland to only get worse.
Mr. Prager:
We'll schedule your site visit to May 3151 and your public hearing will be on
June 10th.
Mr. Bums:
Thank you.
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 8:10 PM
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ar ara Roberti, Secretary
I Zoning Board of Appeals