2007-11-13
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Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of November 13, 2007
MINUTES
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APPRO~D
MAR 11 2008'
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Town of Wappinger
Zoning Board of Appeals
November 13, 2007
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. Fanuele,
Mr. Prager,
Mr. McVeigh,
Chairman
Vice-Chairman
Member
Members Absent:
Mr. DellaCorte, Member
Ms. McEvoy-Riley, Member
Others Present:
Mr. Caviglia,
Mrs. Lukianoff,
Mrs. Roberti,
Special Counsel
Zoning Administrator
Secretary
SUMMARY
Adjourned Public Hearing:
Potter Bros
-Granted variances with conditions
Discussion:
Stanley Wojciechowski
-Public Hearing on November 27,2007
Arlene & Robert Harris
-Public Hearing on November 27,2007
Sherry & Christopher DiCesare
-Public Hearing on November 27, 2007
Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of November 13, 2007
Apoeal No. 07-7359
Potter Brothers Ski and Patio
-Seeking an area variance of Section 240-S9A of District Regulations in an HB Zoning
District.
-Where the code states ''No structure or combinations of structures for said temPOrarv use
shall exceed 1.000 square feet in 21"088 floor area", the applicant is proposing to use a 30' X
75' tent that would equal 2.250 square feet. thus reQuestine a variance of 1.250 square feet
for the proposed tent size.
-Seeking an area variance of Section 240-S9H of District Regulations in an HB Zoning
District.
-Where the code limits temporarv events to three times a vear, the applicant is proposine to
have five temporarv events per year, thus reQuestine a variance of two additional temporarv
events per vear.
The property is located on 1083 Route 9 and is identified as Tax Grid No. 6156-02-710924 in
the Town of Wappinger.
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Mr. Prager:
Mr. McVeigh:
Vote:
Mr. Fanuele:
Mr. Potter:
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Mr. Prager:
Mr. Potter:
Mr. Fanuele:
Mr. Potter:
Mr. Fanuele:
Mr. Potter:
Mr. Prager:
Mr. Potter:
Mr. Fanuele:
Mr. McVeigh:
Mr. Potter:
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Motion to open the adjourned public hearing.
Second the motion.
All present voted aye.
So you relocated the tent?
Yes, now it sits here on this map.
Now it is 70' X 20'?
Yes, which is 1400 sf.
You are also at least 75 feet from the property line?
Yes.
I'm confused. It's now 75 feet back from the road and you have reduced
the size of the tent, correct?
Yes so I no longer need the 75 feet setback variance anymore.
So the third variance is now removed?
Correct.
Is there anyone in the audience with a question or comment? Hearing
none.
What size tent did you have up last month?
The tent was 20' X 50' .
Town of Wappinger
Zoning Board of Appeals
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Mr. Marco:
Mr. Prager:
Mr. Potter:
Mrs. Lukianoff:
Mr. Potter:
Mr. Fanuele:
Mr. McVeigh:
Mr. Prager:
Mr. Fanuele:
\." Mr. Prager:
Mr. Caviglia:
Mr. Prager:
McVeigh:
Vote:
Mr. Caviglia:
Mr. Prager:
Mr. McVeigh:
Roll Call:
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Page 3
Minutes of November 13, 2007
You can set a time limit for one or two years at which time they can come
back to you for a re-approval making this durational.
I think that would be a good idea. It will let us know if this works.
My next event is planned for December 1, 2007 and after that the next
event would be next year.
Did you see any problems with the traffic at the last event?
Not at all.
We will have to amend the variance to take out the front yard setback
variance and to amend the size of the tent to 20' X 70' .
Do you think we should have another site visit?
No really. Without the tent there really is nothing for us to see.
We can give you a conditional time period and then we can go out once the
tent is up.
How can we do that?
Make it a condition of a one-year variance to be revisited next year.
Motion to close the public hearing.
Second the motion.
All present voted aye.
This is a temporary structure so this variance ends with Potter Bros. and is
not transferable. You can impose a durationallimitation where it is valid
that would give you the opportunity to look at it at a future event and to get
feedback to help you decide whether to continue it at the end of the
duration.
Motion to grant the following variances with conditions.
1. A tent sized at no larger than 20' X 70 ' ( 1,400 sf).
2. No more than 5 sales events a year.
These variances are conditionally granted for a duration of one year.
At the end of that year the applicant may re-apply to the ZBA to make
the above variances permanent for Potter Bros. These variances end
with Potter Bros and are not transferable.
Second the motion.
Mr. McVeigh: Aye.
Mr. Prager: Aye.
Mr. Fanuele: Aye.
Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of November 13,2007
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Appeal 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 a 11' X 12' one stOry addition which will brine: lot coverae:e to 22.4
~ thus reauestine: 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. Fanuele:
This is for an addition and you have enough room on both sides for
setbacks?
Mr. Wojciechowski: Yes it is dead center of my property.
Mr. Fanuele:
How big is your property?
Mr. Wojciechowski: I'm not sure.
Mr. Prager:
When did you buy this?
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Mr. Wojciechowski: About 12 years ago.
Mr. Prager:
Did you have a survey?
Mr. Wojciechowski: No.
Mr. Prager:
Your house is shown sitting over onto someone else's property.
Mr. Wojciechowski: Yes and my neighbor on the other side is on mine.
Mrs. Lukianoff:
These houses were built in the 1920's.
Mr. Prager:
How can we give a variance on this?
Mrs. Lukianoff:
This is not a violation.
Mr. Caviglia:
My concern is that this will be a civil matter. I would like the opportunity
to look into this.
Mr. Fanuele:
We will schedule a site visit for November 17, 2007 and your public
hearing for November 27,2007.
Mr. Wojciechowski: Thank you.
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Page 5
Town of Wappinger
Zoning Board of Appeals
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Minutes of November 13, 2007
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 reouired, the applicant is proposin2 a side yard
setback of 16.8 feet. to allow for a 14' X 18' existing porch with electric, thus reouestin2 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.
Mrs. Harris:
Mr. Fanuele:
Mrs. Harris:
Mrs. Lukianoff:
Mr. Fanuele:
Mr. Prager:
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Mrs. Lukianoff:
Mr. Prager:
Mrs. Harris:
When we bought our house 37 years ago we were not aware of the setbacks
for the porch.
Did you buy the house like this?
Yes.
There was a deck there but they enlarged it and that is why they are here.
I will schedule a site visit for November 17, 2007 and their public hearing
for November 27,2007.
Please find out for me what was originally there.
It was changed twice by them.
Ok.
Thank you.
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 re~uired, the applicant is proposin2 a side yard
setback of 6 feet. to allow for an existing 18' AG pool, thus reouestin2 a variance of 19 feet.
-Where a side yard setback of 25 feet is required, the applicant is proposin2 a side yard
setback of 3 feet. to allow for a 24' X 19' pool deck, thus requestin2 a variance of 22 feet.
The property is located at 455 All An2els Hill Road and is identified as Tax Grid No. 6357-03-
151049 in the Town of Wappinger.
Mr. Fanuele:
Mr. DiCesare:
Mr. Fanuele:
Mr. DiCesare:
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Was this pool already here?
Yes.
I see this deck and it seems big.
It is only big in the back. The side attached to the pool is small and I need
to put in stairs so the kids can get to the pool without having to go all the
way around.
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Town of Wappinger
Zoning Board of Appeals
Mr. Prager:
Mr. DiCesare:
Mrs. Lukianoff:
Mr. Fanuele:
Mr. Prager:
Mr. McVeigh:
Vote:
Page 6
Minutes of November 13,2007
A discussion took place up at the dais with the board and Mr. DiCesare.
Why is this the only place you can place this.
I submitted a survey and my property cuts across.
It is in the floodplain back here.
We really need to go out and see this. I will schedule a site visit for
November 17, 2007 and their public hearing for November 27, 2007.
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 8:30 PM
Respectfully Submitted,) '1 '"
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I a Roberti, Secretary
! Secretary - Zoning Board of Appeals