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2007-11-27 Town of Wappinger Zoning Board of Appeals MINUTES '-' Town of Wappinger Zoning Board of Appeals November 27, 2007 Summarized Minutes Members: Mr. Fanuele, Mr. Prager, Mr. DellaCorte, Ms. McEvoy-Riley, Members Absent: Mr. McVeigh, Others Present: Mr. Caviglia, Mrs. Lukianoff, Mrs. Roberti, ~ Page 1 Minutes of November 27, 2007 ~ij' MlH '. $ AP~JIK) . Town Hall 20 Middlebush Road MAR 1 1 200tJ; Wappinger Falls, NY Chairman Vice-Chairman Member Member Member Special Counsel Zoning Administrator Secretary SUMMARY Adjourned Public Hearing: Stanley Wojciechowski Arlene & Robert Harris Sherry & Christopher DiCesare Discussion: Raymond Karasinski Irene & Brian Moody Peter & Donna Colucci RJA Holdings Inc \. -Variance Granted. -Variance Granted. -Variances granted as amended with conditions. -Public Hearing on December 11,2007 -Discussion on January 8th, 2008. -Discussion on January 8th, 2008. -Discussion on January 2200,2008. Town of Wappinger Zoning Board of Appeals \.- Mr. Prager: Mr. DellaCorte: Vote: Page 2 Minutes of November 27,2007 Motion to approve the site minutes for November 17t\ 2007. Second the motion. All present voted aye. Aooeal No. 07-7361 Stanlev W oiciechowski -Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District. -Where the code states that R-20/40 has a maximum lot coverae:e of 12 %., the applicant is proposing to construct all' X 12' one stOry addition which will brine: lot coverae:e to 22.4 %. thus reQuestine: a variance of 10.4 % lot coverae:e. The existine: lot coverae:e alreadv exceeds 20 %. The property is located at 91 Osborne Hill Road and is identified as Tax Grid No. 6156-02- 606815 in the Town of Wappinger. Mr. Prager: Mr. DellaCorte: Vote: Mr. Fanuele: Mr. Wojciechowski: \w Mr. Prager: Mr. Fanuele: Mr. Kates: Mr. Wojciechowski: Mr. Fanuele: Mr. DellaCorte: Mr. Kates: Ms. McEvoy-Riley: \..- Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. I want to build a small II' X 12' addition. It would be a bedroom for my son who lives with me. We did a site visit and this is a small house and the addition is also small. Anyone in the audience with a question? Alton Kates, 95 Osborne Hill Road. I am the neighbor behind him and my concern is the boundary between us. Mr. Wojciechowski's addition is fine with me but he is putting more and more onto my property and he is aware of the property line that we share. His fence and storage has been put on my property and I have had a survey done and it has been staked. I would like to see that addressed. He keeps bringing this up all the time but it has nothing to do with this variance application. This application is for the addition only which is 75 feet from your property line. Mr. Kates can you show me on this map what you are talking about. Yes and I also have a survey map I can show you. This is on the record but really has no bearing on this variance. Page 3 Town of Wappinger Zoning Board of Appeals Mr. Caviglia: \..r Mr. Fanuele: Mr. Prager: Mr. DellaCorte: Vote: Mr. Prager: Mr. DellaCorte: Roll Call: Minutes of November 27, 2007 For the record, Mr. Kates south west border now or formally Davis is showing this line as his property line. Anyone else? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. I motion to grant this variance. All the lot lines are non- conforming, the percent of the lot coverage is not substantial. This is being granted without regard to the legality or illegality of an apparent encroachment upon the neighboring property shown by the survey submitted, as that encroachment is a private matter between property owners and each has his or her own available remedies. Second the motion. Ms. McEvoy-Riley: Aye. Mr. Prager: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Appeal No. 07-7362 Arlene & Robert Harris- 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 proposin2 a side yard setback of 16.8 feet. to allow for a 14' X 18' existing porch with electric, thus reQUestin2 a variance of 3.4 feet. The property is located at 11 Phyllis Drive and is identified as Tax Grid No. 6158-04-860114 in the Town of Wappinger. ~ Mr. Prager: Mr. DellaCorte: Vote: Mr. Fanuele: Mr. Harris: Mr. Fanuele: Mr. Harris: Ms. McEvoy-Riley: Mr. Harris: \.. Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. My porch is in need of repairs and when I went to the building department for a permit I was told that I didn't meet the proper setbacks. So the porch is no closer to the side than the house is? Yes. When was the house built? I'm not sure but it was around 1987 that we added the extra 2 feet to the porch. Town of Wappinger Zoning Board of Appeals .... Mr. Prager: Mr. Fanuele: Mr. Prager: Mr. DellaCorte: Vote: Mr. Prager: Ms. McEvoy-Riley: Roll Call: Page 4 Minutes of November 27, 2007 I would like the record to reflect that we did a site inspection. Anyone in the audience with a question? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. This will not be detrimental to any nearby properties, there really is no other method, and it is self. created but is not substantial. Second the motion. Ms. McEvoy-Riley: Aye. Mr. Prager: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Appeal No. 07-7363 Sherry & Christopher DiCesare- 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 6 feet. to allow for an existing 18' AG pool, thus requestine a variance of 19 feet. -Where a side yard setback of 25 feet is required, the applicant is proposine a side yard setback of 3 feet. to allow for a 24' X 19' pool deck, thus requestine a variance of 22 feet. The property is located at 455 All Aneels Hill Road and is identified as Tax Grid No. 6357-03- 151049 in the Town of Wappinger. ...... Mr. Prager: Mr. DellaCorte: Vote: Mr. Fanuele: Mr. DiCesare: Mr. Fanuele: Mr. DiCesare: Ms. McEvoy-Riley: Mr. DiCesare: ~ Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. I have an existing pool that needs to be amended and I would like to add a pool deck. How did you get the pool just 6 feet from the property line? On the first drawing I did not read the map right and I put down the wrong side setback. They found the wrong measurement when I applied for the deck permit. How long are you there? Four years. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of November 27, 2007 .... Mr. Fanuele: Is there anyone in the audience with a question? Hearing none. The pool is already there but can you put the deck back to the 6 feet like the pool. Mr. DiCesare: I can make the deck 3 feet smaller where it is closer to the side line. Mr. Prager: I'd like to see that deck smaller to at least the distance of the pool. Come up here so we can show you. At this time the board worked with Mr. DiCesare to show him what they wanted. Mrs. Lukianoff: The building permit will need to be amended to reflect these changes. Mr. Prager: Mr. DellaCorte: Vote: Motion to close the public hearing. Second the motion. All present voted aye. Mr. Prager: Motion to grant the two variances as long as the changes to the building permit are made. The pool and the deck are substantial so the deck is not to be closer than the pool is already per the sketch we just made. ~ The Zonin2 Board of Appeals has voted to 2rant the followin2 variances with a condition. 1. For the existin2 18' AG pool. the ZBA is 2rantin2 a variance of 19 feet. Where 25 feet is reQuired the applicant could onlv provide 6 feet to the side. 2. For the proposed deck. where 25 feet is reQuired. the applicant proposed a 3 ft. side yard. The ZBA has 2ranted a variance for 6 feet to the side. Condition: The applicant will amend his buildin2 permit to show the deck 6 ft. off the side yard setback and at no point shall the deck exceed 6 feet to the side yard line. !akin2 into consideration that the side yard veers into the property as it proceeds toward the rear. Ms. McEvoy-Riley: Second the motion. Roll Call: Ms. McEvoy-Riley: Aye. Mr. Prager: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Mr. DiCesare: Thank you. Appeal No. 07-7364 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 required, the applicant is proposine a side vard setback of 5 feet. to allow for a 2-car detached 21' X 24' garage with electric, thus requestine a variance of 15 feet. ~ Town of Wappinger Zoning Board of Appeals Page 6 Minutes of November 27, 2007 ...... -Where a rear yard setback of 40 feet is required, the applicant is orooosim! a rear yard setback of 33 feet. to allow for a 2-car detached 21' X 24' garage with electric, thus requestinl! a variance of 7 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. Karasinski: I have a retaining wall in disrepair and instead of repairing it I would like to build a two-car garage with a block foundation and a finished roof. Mr. Fanuele: This would be a 75% variance to the side yard if you go 5 feet to the side. Is there any other way to do this? Mr. Karasinski: Not really. I have a one car garage underneath my house now and it's very small and I own an antique car that I would like to have a garage for. Mr. Fanuele: I will schedule a site visit for December 1, 2007 and your public hearing for December 11,2007. Mr. Karasinski: Thank you. ~ Aooeal No. 06-7340 Brian & Irene Moody - Seeking a Use Variance of Article IV, Section 240-16 and Section 240- 37 in the District Zoning Regulations for an R-40/S0 Zoning District. Applicant is seeking a Use Variance for the continuance of a pre-existing non-conforming use as a two-family residence where only single family residences are permitted. The property is located 29 Middlebush Road and is identified as Tax Grid No. 6157-01- 394824 in the Town of Wappinger. (Sarcone) Mr. Fanuele: I received a letter from Mr. Moody's attorney asking that this be moved to January Sth, 200S. Mr. Prager: That's fine but I don't want this to go much further. Aooeal No. 06-7356 Peter & Donna Colucci - Seeking a Use Variance of Article IV, Section 240-16 and Section 240-37 in the District Zoning Regulations for an R-40 Zoning District. Applicant is seeking a Use Variance for the continuance of a pre-existing non-conforming use as (two) two-family residence's and to change the use of a one-family residence into a four family residence where only single family residences are permitted. The property is on 12.431 acres and is located at 1471 Route 376 and is identified as Tax Grid No. 6259-04-762010 in the Town of Wappinger. (Mole) Present: Anthony Mole - Attorney '-' Mr. Mole: We were here in September and at that time the board had requested Town of Wappinger Zoning Board of Appeals Page 7 Minutes of November 27, 2007 ... documents and we brought them with us this evening and I will make copies of this and submit them tomorrow morning along with a certified check. We would like to proceed and we understand that once this is submitted the CPA has a 30-day clock to submit to you their report. Mr. Fanuele: So you have everything you need now so we will schedule you for January 8th, 2008 to go over the report. Mr. Mole: Thank you. ADDeal No. 06-7345 RIA Holdines. Inc. - Seeking a Use Variance of Article IV, Section 240-16 and Section 240-37 in the District Zoning Regulations for an R-20 Zoning District. Applicant is seeking a Use Variance for the continuance of a pre-existing non-conforming use as an office building in a zoning district where only single family residences are permitted. The property is located 51 Mvers Corners Road and is identified as Tax Grid No. 6157-02- 899988 in the Town of Wappinger. (Adams) Present: Jon Adams Robert Macho - Attorney - Owner ....... Mr. Adams: I am the attorney for Mr. Macho and I apologize for not having an appraisal as of yet. I have spoken to McGrath and Assoc and I should have it by the 8th of January. Ms. McEvoy-Riley: Isn't there anyone else who can do it? Mr. Adams: This requires a specialized firm and they are most qualified to do it. Mr. Prager: There are also other items that are outstanding and required. Mr. Caviglia: They are waiting for the documents for the CPA. Mr. Fanuele: When can we get those documents? Mr. Adams: By the first week of January. Ms. McEvoy-Riley: We really want to hold everyone to the set timetable. So you might want to look into another appraiser. Mr. Caviglia: Just so that there is no confusion Jon, they want to get the documents to have the CPA independently review them. Mr. Adams: We will get them all the documents required by the town and any documents that we have given the appraiser. You know the building and the use that my client is looking for. \... Town of Wappinger Zoning Board of Appeals Page 8 Minutes of November 27, 2007 ~ Mr. Cantor: Richard Cantor, Attorney. May I be heard? Mr. Fanuele: This is not a public hearing. Mr. Cantor: I understand that but there is a discrepancy in that the Zoning Administrator determined that this is not a pre-existing non- conforming use, it's an un-permitted use and a request for a use variance is not permitted. You upheld that determination as well as the courts. Mr. Fanuele: We will schedule this for the 220d of January, 2008 for a discussion. Mr. Adams: Thank you. Mr. Prager: What's happening with AW Scrap? Mrs. Lukianoff: We are trying to address this and work out a solution with the applicant. He is showing a willingness to work things out with the town. ~ Ms. McEvoy-Riley: Mr. Prager: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM Respectfully Submitted, ~/ ~/ , UdJ' /~ ara RObert~ecr ary .. I Secretary - Zoning Board of Appeals '-'