2007-10-23
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Town of Wappinger
Zoning Board of Appeals
MINUTES
Town of Wappinger
Zoning Board of Appeals
October 23, 2007
Summarized Minutes
Members:
Mr. Fanuele,
Mr. DellaCorte,
Ms. McEvoy-Riley,
Mr. McVeigh,
Members:
Mr. Prager,
Others Present:
Mr. Caviglia,
Mrs. Lukianoff,
Mrs. Roberti,
Page I
Minutes of October 23,2007
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Town Hall
20 Middlebush Road
Wappinger Falls, NY
MtNUTES
AJt~"OW:D
HAR 11 2008
Chairman
Member
Member
Member
Vice-Chairman
Special Counsel
Zoning Administrator
Secretary
SUMMARY
Public Hearings:
John & Rita McGrath
Timothy & Margaret Rifenburg
Hughsonville Auto Body
Potter Bros.
Discussion:
Approve the agenda for 2008
-Variance granted.
-Variance granted.
-Variances granted with condition.
-Adjourned the Public Hearing to November
13,2007.
Town of Wappinger
Zoning Board of Appeals
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Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Page 2
Minutes of October 23,2007
Motion to approve the minutes for October 9t\ 2007.
Second the motion.
All present voted aye.
Motion to approve the site minutes for October 13th, 2007.
Second the motion.
All present voted aye.
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Appeal No. 07-7358
.John & Rita McGrath- Seeking an area variance of Section 240-37 of District Regulations in an
R-40 Zoning District.
-Where a side yard setback of 25 feet is reauired, the applicant is proposinl! a side yard
setback of 20 feet. to allow for a 6'8" X 20'7" addition, thus reauestinl! a variance of 5 feet.
The property is located at 40 Sherwood Heil!hts and is identified as Tax Grid No. 6258-04-
768283 in the Town of Wappinger.
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Mr. Fanuele:
Mr. McGrath:
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Mr. Fanuele:
Mr. McGrath:
Mr. Fanuele:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Roll Call:
Mr. McGrath:
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Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Swore in the applicant.
My master bedroom has a very small closet and we are looking to add a
second closet to it.
Does it match the house?
Yes and I included pictures so that you may see what it looks like.
We did a site visit last Saturday. Is there anyone in audience with a
comment? Hearing none.
Motion to close the public hearing.
Second the motion.
All present voted aye.
I motion to grant the variance. This will not be undesirable to the
neighborhood not cause any adverse affect. It is self-created but it is
not substantial and there really is no other way to accomplish this.
Second the motion.
Mr. McVeigh:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Aye.
Aye.
Thank you.
Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of October 23,2007
Appeal No. 07-7360
Timothv & Marl!aret Rifenburl!- Seeking an area variance of Section 240-37 of District
Regulations in an R-20 Zoning District.
-Where the minimum of 75 feet to a state or countv hi2hwav is required, the applicant can
provide 56 feet to construct a to' X 16' dining addition, thus requestinl! a variance of 19 feet
for a front vard setback.
The property is located at 95 Old Hopewell Road and is identified as Tax Grid No. 6157-01-
153596 in the Town of Wappinger.
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Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Mr. Fanuele:
Mrs. Rifenburg:
Mr. Fanuele:
Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
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Mr. DellaCorte:
Ms. McEvoy-Riley:
Roll Call:
Mrs. Rifenburg:
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Swore in the applicant.
We have a very small house which has no dining room. I would like to add
a small addition to the front of my house. This will only bring my house
out another 5 feet.
We did a site visit last Saturday. Is there anyone in the audience with a
question? Hearing none.
Motion to close the Public Hearing.
Second the motion.
All present voted aye.
I make a motion to approve the variance. Even though this is self-
created it is not really substantial. I think it will produce a desirable
change in the neighborhood and there really is no other way to do this.
Second the motion.
Mr. McVeigh:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Aye.
Aye.
Thank you
Appeal No. 07-7357
HUl!hsonville Auto Bodv
-Seeking an area variance of Section 240-70A of District Regulations in an HM Zoning
District.
1.) -Where a minimum lot area of 2 acres is required, the applicant is proposing a lot size of
1.529 acres. thus requestinl! a variance of .471 acres.
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Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of October 23,2007
-Seeking an area variance of Section 240-37 of District Regulations in an HM Zoning
District.
2.) -Where the location of overhead doors shall not face any street, the applicant is proposing
the doors on the existine buildine to remain. thus reQuestine a waiver on this variance.
The property is located on 86 Old HODewell Road and is identified as Tax Grid No. 6157-01-
041593 in the Town of Wappinger.
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Present:
Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Mr. Fanue1e:
Mr. Miller:
Mr. Fanuele:
Marty Novick - Owner
John Miller - Engineer
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Swore in the applicant.
This is next to the Hughsonville Fire Department. The building is sitting in
disrepair for years and it is on 1.529 acres. The front has 2 overhead doors
that we would like to remain. The proposal is to put a stone fac;ade on the
front with a stucco top and the doors would be painted the same color in
order for them to blend in and that would all be in the earth tone colors.
We did go out for a site visit and they are starting to really clean this up. Is
there anyone in the audience with a question? Hearing none.
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Ms. McEvoy-Riley: My concern was the doors but with them painting them I'm happy.
Mr. McVeigh:
Mr. Miller:
Mrs. Lukianoff:
Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Roll Call:
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Will the lighting at night be toned down since you have a residence right
across the street?
Yes the PB is requiring hours of operation that shut down the primary
lighting I think by seven. There will be motion detection lighting for
security.
This applicant is here prior to completing the site plan with the PB. They
will consider all the landscaping, lighting, signage, etc.
Motion to close the public hearing.
Second the motion.
All present voted aye.
Motion to grant the variances. I am including a condition that you try
and camouflage the doors as much as possible. Paint them to blend in
with the same primary colors as the building. We believe this will
make a desirable change to the neighborhood, it is not substantial and
there really is no other way for you to achieve your project.
Second the motion.
Mr. McVeigh:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Aye.
Aye.
Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of October 23,2007
~ Appeal No. 07-7359
Potter Brothers Ski and Patio
-Seeking an area variance of Section 240-59A of District Regulations in an HB Zoning
District.
-Where the code states "No structure or combinations of structures for said temporary use
shall exceed 1.000 sauare feet in 21'055 floor area", the applicant is proposing to use a 30' X
75' tent that would eaua12.250 sauare feet. thus reauestine a variance of 1.250 sauare feet
for the proposed tent size.
-Seeking an area variance of Section 240-59H of District Regulations in an HB Zoning
District.
-Where the code limits temporary events to three times a year, the applicant is proposine to
have five temporary events per year, thus reauestine a variance of two additional temporary
events per year.
-Where a minimum of 75 feet to a state or county hiehwav is reauired, the applicant 9!!!
provide 7 feet for a 2.250 sauare feet tent, thus reauestine a variance of 68 feet.
The property is located on 1083 Route 9 and is identified as Tax Grid No. 6156-02-710924 in
the Town of Wappinger.
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Mr. Fanuele:
Are the mailings in order?
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Mrs. Roberti:
Yes.
Mr. Fanuele:
Swore in the applicant.
Mr. Potter:
We are seeking a variance on the tent size, where it is located and the
number of times we can hold an outside event.
Ms. McEvoy-Riley:
Are your other tent sales using tents as big as this?
Mr. Potter:
We use a 40' X 40' in Poughkeepsie, a 40' X 100' in Kingston and a 40'
X 120' tent in Rhinebeck.
Mr. Fanuele:
The question I have is the closeness to Route 9. Can this be placed in a
different location in the parking lot?
Mr. Lawrence:
John Lawrence, owner of Lawrence Farms. I've looked hard. This
would be 34 feet off the road. Is there another place you would prefer it?
Ms. McEvoy-Riley:
John can you come closer to the building?
Mr. Lawrence:
You mean toward the store?
Ms. McEvoy-Riley:
Yes it might be safer.
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Town of Wappinger
Zoning Board of Appeals
Mr. Fanuele:
Mr. Lawrence:
Mrs. Lukianoff:
Mr. Lawrence:
Mr. DellaCorte:
Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Mr. Fanuele:
Ms. McEvoy-Riley:
Vote:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Meeting ended at 8: 1 0 PM
Page 6
Minutes of October 23,2007
Where you show it might cause traffic issues so we would want it closer
to the building.
We'll need to check with the fire code on that. I think that would be
great in front of the store.
You need to have a precise location so that it can be inspected.
Each space is 20 feet. I think we can meet the 75 feet setback this way.
Go measure the area and bring back an exact layout for us.
Motion to adjourn to November 13, 2007.
Second the motion.
All present voted aye.
Motion to approve the agenda for 2008.
Second the motion.
All present voted aye.
Motion to adjourn.
Second the motion.
All present voted aye.
R.. es~tfullY SUbmi~.,' . ....... )--
,A/! ~I!a-L?~;-d"'~.!l7
~~oberti, Secretary
Secretary - Zoning Board of Appeals