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2008-04-22 Town of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals April 22, 2008 Summarized Minutes Members: Mr. DellaCorte, Mr. McVeigh, Mr. Casella, Ms. McEvoy-Riley, Mr. Prager, Others Present: Mr. Horan, Mrs. Lukianoff, Mrs. Roberti, Page 1 Vice-Chairman Member Member Member Chairman Minutes of April 22, 2008 1\ MINUTE:s PPROVED JUt 2 2 2008 Town Hall 20 Middlebush Road Wappinger Falls, NY Town Attorney Zoning Administrator Secretary SUMMARY Public Hearin2s: Brian & Irene Moody Raymond Karasinski Zenon & Irena Kunicki Discussions: David & Diana Estremera Marilyn Turner Shultz -To vote on May 13,2008. -Variance Granted. -Variance Granted. -Public Hearing on May 13,2008. -Discussion on May 13,2008. 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 April 22, 2008 Motion to approve the minutes for March 25, 2008. Second the motion. All present voted aye. Motion to approve the minutes for April 8, 2008. Second the motion. All present voted aye. Motion to approve the site minutes for April 12, 2008. Second the motion. All present voted aye. Appeal No. 07-7340 Brian & Irene Moodv - Seeking a Use Variance of Article IV, Section 240-16 and Section 240-37 in the District Zoning Regulations for an R-40/80 Zoning District. Applicant is seeking a Use Variance for the use as a two family residence in a single family residential zoning district. The property is located 29 Middlebush Road and is identified as Tax Grid No. 6157-01- 394824 in the Town of Wappinger. (Sarcone) Present: Mr. Prager: '-' Mrs. Roberti: Mr. Casella: Mr. DellaCorte: Vote: Mr. Sarcone: Mr. Prager: Mr. Chirico: Mr. Sarcone: Mrs. Chirico: "-" Mr. Sarcone: John Sarcone - Attorney Are the mailings in order. Yes they are. Motion to open the public hearing. Second the motion All present voted aye. This is now a watered down application. Weare seeking a non- conforming use variance for a 2-family in a single family zone. We are giving up the right to the commercial use now being used and we will no longer have the buses, etc. at the site. Is there anyone in the audience with a comment? Joseph Chirico, 25 Middlebush Road. When will the buses be leaving? As soon as the board grants this variance. I would say within one week. Donna Chirico, 25 Middlebush Road. We have been trying to sell our home and we can't because of what they have there. Will we have this as a condition in writing? We have been waiting almost two years for this. We will accept this as a condition and it would be a guarantee. Town of Wappinger Zoning Board of Appeals Page 3 Minutes of April 22, 2008 '-' Mr. Prager: It has gone through the process here at the town. Mrs. Chirico: What about the fire codes? Mr. Prager: All codes have to come up to standards. Mrs. Chirico: Is someone allowed to live there now because somebody moved in over the weekend. Mr. Sarcone: Of course somebody is allowed to live there. This is a pre-existing non-conforming use and it is up to code. There may be some codes with the FPB and we will address them. Mr. Horan: The existing buildings do not have to meet the same codes as a new building. There are different standards for older homes. Mr. Houghlin: James Houghlin, 232 Cedar Hill Road. I personally think it should be permitted. Mr. Silvestri: Dan Silvestri, 39 Wesley place, Fishkill. I own property on Stage Door Road. I used to deliver milk to this house and remember the nursery school there also. "" Mr. Maury: R. Maury, 67 Channingville Road. It's in outstanding condition inside and out and I know because I have done work in it. Mr. Prager: Unfortunately in looking through your file I don't see an EAF. Mr. Horan: Under SEQRA, variances for one and two family houses are exempt as they are considered to be a Type 2 action but with Use Variances they are considered to be an unlisted action. So for that purpose until we get the EAF, I don't think the board feels that under the circumstances that there are any negative environmental impacts in fact the conversion from a commercial use to a residential use would be considered to be a benefit to a residential neighborhood and the community. So for a basis to grant the variance we would need the EAF in place. The other outstanding issue is that we need to send this to the DC Department of Planning since Middlebush Road is a County road. Mr. Prager: We can see that the neighbor wants this cleared up ASAP and hopefully we can move forward for the next meeting. Mr. Sarcone: I believe we have laid out all the elements that are necessary for this approval and we thank you for your time. We will supply the EAF within the next few days. ~ Town of Wappinger Zoning Board of Appeals \... Ms. McEvoy-Riley: Mr. Casella: Roll Call: Mr. Sarcone: Page 4 Minutes of April 22, 2008 Motion to adjourn the public hearing to May 13, 2008. Second the motion Mr. McVeigh: Ms. McEvoy-Riley: Mr. DellaCorte: Mr. Casella: Mr. Prager: Thank you. Aye. Aye. Aye. Aye. Aye. Appeal No. 08-7367 Ravmond Karasinski- Seeking area variances of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a side vard setback of 20 feet is reouired, the applicant is proDOsinl! a side vard setback of 10 feet. to allow for a 2-car attached 22' X 24' garage with electric, thus reouestinl! a variance of 10 feet. The property is located at 7 Rowell Lane and is identified as Tax Grid No. 6257-02-897587 in the Town of Wappinger. Mr. Prager: Mrs. Roberti: \... Mr. DellaCorte: Ms. McEvoy-Riley: Vote: Mr. Prager: Mr. Karasinski: Mr. Prager: Mr. Casella: Mr. DellaCorte: Vote: Mr. DellaCorte: Mr. Casella: Roll call: ~. Are the mailings in order. Yes they are. Motion to open the public hearing. Second the motion All present voted aye. You've been denied before and now you're back with a new plan, correct? Yes. Originally the garage was to be free-standing and now we are going to attach it to the house. I only had 5 feet before and now I have 10 feet. Is there anyone in the audience with a comment? Hearing none. Motion to close the public hearing. Second the motion All present voted aye. Motion to grant the variance. This will not be an undesirable change to the neighborhood, it is substantial but there really is no other place for it and it is self-created. Second the motion Mr. McVeigh: Ms. McEvoy-Riley: Mr. DellaCorte: Mr. Casella: Mr. Prager: Aye. Aye. Aye. Aye. Aye. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of April 22, 2008 Mr. Prager: On the record this is a substantial variance. I know Mr. Karasinski was in here earlier and it was even more substantial but it was discussed and he went out and reduced this and spent a considerable sum on new drawings and a new variance and for that reason I too make a motion to grant it. '-" Mr. Karasinski: Thank you. Appeal No. 08-7368 Zenon & Irena Kunicki- Seeking area variances of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a rear vard setback of 40 feet is reQuired, the applicant is proPOsine a rear vard setback of 20 feet. to allow for a 12' X 24' pre-fab shed, thus reQuestine a variance of 20 feet. The property is located at 7 Bell Air Lane and is identified as Tax Grid No. 6157-02-888867 in the Town of Wappinger. Mr. Prager: Are the mailings in order. Mrs. Roberti: Yes they are. Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Motion to open the public hearing. Second the motion All present voted aye. Mr. Kunicki: I have an old metal shed and this past year a branch fell on it and caused damage. I want to replace it with a new one that is 12' X 24' and I bought it before I checked with the town. Back in 1990 when I put the metal shed up the town told me I needed 10' X 10' off the sides and now that has changed. ..... Mr. Prager: Board members? Mr. McVeigh: Is this too close to the pool there? Mrs. Lukianoff: You only need 6 feet separation. Ms. McEvoy-Riley: It is more than 6 feet so that is ok. Mr. Prager: I spoke with you when I did my site visit and I feel you should move this 10 feet closer to the house. Mr. Kunicki: I need a little room for my garden and I also have a lot of rocks there too. Everyone approached the dais at this time to discuss the location. Mr. Prager: Is there anyone in the audience with a question? Hearing none. I have a letter here from a neighbor, Mr. Benjeno of Orange Court that I will read into the record. ~ Page 6 Town of Wappinger Zoning Board of Appeals ~ Mr. Casella: Mr. DellaCorte: Vote: Mr. Casella: Ms. McEvoy-Riley: Roll call: Mr. Kunicki: Minutes of April 22, 2008 Motion to close the public hearing. Second the motion All present voted aye. Motion to grant the variance. I feel he should keep the shed where it is and not move it. I believe he has met all the proper area variances required in the past and filed his paperwork. I second the motion. This is not substantial and will not cause an undesirable effect in the neighborhood and the property is not unique. Mr. McVeigh: Aye. Ms. McEvoy-Riley: Aye. Mr. DellaCorte: Aye. Mr. Casella: Aye. Mr. Prager: Nay. Mainly because this is a large variance and I feel if we keep giving these large variances then we ought to go to the Town Board ask them to change the side yard setbacks because we seem to be giving an awful lot of large variances. Thank you. Apoeal 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 vard setback of 40 feet is required, the applicant is proDOsiDl! a side yard setback of 23 feet. to allow for a 22'X 26' Elliptical in-ground pool, thus requestinl! a variance of 17 feet. -Where a side yard setback of 40 feet is required, the applicant is proDOsinl! a side yard setback of 28.6 feet. to allow for a 13'X 15' Cabana/Pool House, thus requestinl! 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. ~ Mrs. Estremera: Ms. McEvoy-Riley: Mrs. Estremera: "-" Mr. Prager: This has been a comedy of errors for us. The pool is already in as well as the cabana. When we purchased this property, we built the house and had the property lines staked and we thought we knew where the property lines were. We had John from Rainbow pools come and he filled out all the permits. When did you purchase the pool? We bought the property in 2000. Now this year when we went to put in the gazebo the neighbor said we where on his property and we didn't realize that. So we did invade his property by taking down some brush but the pool is not on his property . We had it re-staked and shared the cost with our neighbor John. So what we have presented to you is accurate. When we put the pool in we had the wrong numbers. We have since put in a fence. Is the cabana up? Town of Wappinger Zoning Board of Appeals Page 7 Minutes of April 22, 2008 '-' Mr. Estremera: Yes I took a permit out on it Mrs. Estremera went up to the dais to explain the whole yard to the ZBA. Mr. Prager: We will have a site visit on this. Does the shed have a CO also? Mr. Estremera: Yes, everything has CO's. Mr. DellaCorte: When you went over the property line your neighbor came to you about it? Mr. Estremera: Yes, John Benson came over when I was clearing up the property and said we were on his he thought. Neither of us was really sure so we split the cost of the survey to be sure. We were never told that there was a variance on the property. Mrs. Lukianoff: Do you still have the line up? Mr. Estremera: We have a fence with the stakes up on both sides. Mr. Prager: We will have a site visit on Saturday at 9:30 am. Please make sure the property lines are clearly marked out. ~ Mrs. Lukianoff: There is a concern with discharge from the cabana, is it being dealt with? Mr. Estremera: Yes its being dealt with. Mr. Prager: We will also set your public hearing for May 13,2008. Mr. Horan: On my copy of the survey it is handwritten 22 feet and 7 feet and 4.7 feet. Is this a fence? Mr. Estremera: Yes. Mr. Horan: So you have 4.7' to the fence and 17' to the pool? Mr. Estremera: Yes. Mr. Horan: Is it 40 feet from the pool? Mrs. Lukianoff: From the waters edge. At this time a discussion took place as to the exact measurements. '-' Mr. Estremera: Thank you. Town of Wappinger Zoning Board of Appeals Page 8 Minutes of April 22, 2008 ~ Appeal No. 08-7370 Marilvnn Turner-Shultz- 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 re~uired, the applicant is proDOsin2 a side yard setback of 3 feet. to allow for a 2-car detached 24' X 26' garage with electric, thus reouestin2 a variance of 17 feet. The property is located at 92 All An2els Hill Road and is identified as Tax Grid No. 6258-01-496666 in the Town of Wappinger. Mr. Prager: This is a very large variance, do you have a survey? Mrs. Shultz: We are having one done right now. Mr. Prager: When will it be ready? Mrs. Shultz: Next week it will be done. There is history here. When I bought this home we were told that we owned to the center line of the driveways. The property has a medium and we were told we owned half of it. Before my neighbor moved he put up a fence and took 10 to 15 feet of what I thought was mine and at the time I could not afford to fight him. Ms. McEvoy-Riley: How long have you been there? ~ Mrs. Shultz: 31 years. That's why we are getting a survey. The fence there takes a lot of my property away. I purchased this in 1975. There used to be a tree right in the middle here. Mr. Prager: We will need a site visit but we will wait to set the public hearing until the survey is done. Mr. Horan: Is this a common driveway? Mrs. Shultz: No not really. It comes into a 'D' shape. Mr. Prager: Besides the survey can you also produce the deed to your property? We will see you back on the agenda for May 13,2008. Mrs. Shultz: Thank you. Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Motion to go into executive session. Second the motion All present voted aye. ~ ~ '-' ~ Town of Wappinger Zoning Board of Appeals Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Ms. McEvoy-Riley: Mr. Casella: Vote: Meeting ended at 8:00 PM Page 9 Minutes of April 22, 2008 Motion to come out of executive session. Second the motion All present voted aye. Motion to adjourn. Second the motion. All present voted aye. R~espeCtfUIIY Submitted, , /. ~~~Q~ arbara Roberti, Secretary Zoning Board of Appeals