2007-08-14
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Town of Wappinger
Zoning Board of Appeals
MINUTES
Town of Wappinger
Zoning Board of Appeals
August 14,2007
Summarized Minutes
Members:
Mr. Fanuele,
Mr. DellaCorte,
Ms. McEvoy-Riley
Mr. Prager,
Mr. McVeigh,
Others Present:
Mr. Caviglia,
Mrs. Lukianoff,
Mrs. Roberti,
Page 1
Minutes of August 14,2007
MINUTES
APPROVED
AUG 2 8 2061
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member
Member
Vice-Chairman
Member
Special Counsel
Zoning Administrator
Secretary
SUMMARY
Adjourned Public Hearing:
Luis Merchan
Public Hearings:
Jean-Paul Jimenez
Discussion:
Vincent & Jianbo Mulligan
Extension:
Strang Site Plan
-Adjourned PH to August 14th, 2007.
-Public Hearing on August 14, 2007.
-Public Hearing on August 28,2007.
Applicant granted additional 6 month
extension.
Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of August 14, 2007
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Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Motion to approve the minutes for July 24, 2007 as amended.
Second the motion.
All present voted aye.
Mr. Fanuele:
When I joined the planning board in 1976, Howard was there and there
was a fellow by the name of Charlie Cortellino who later served
around 18 years on the ZBA. He recently passed away and I just
wanted to say a few words for him as he served the town well.
Appeal No. 07-7347
Luis Merchan- 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 proposine a side yard
setback of 8 feet. to allow for a 32 X 65 foot basketball court, thus reouestine a variance of 12
feet.
-Where the code states...in no case shall Accessory Structures be permitted in the front yard
the applicant requests a variance for a basketball court in his front yard.
The property is located at 107 Caroline Drive and is identified as Tax Grid No. 6056-03-
238390 in the Town of Wappinger.
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Mr. Prager:
Ms. McEvoy-Riley:
Vote:
Motion to open the adjourned public hearing.
Second the motion.
All present voted aye.
Mr. Fanuele:
Swore in the witness.
Mr. Manzi:
Michael Manzi, 109 Caroline Drive. You asked that my neighbor and
I take a look at the other sports court. I went to look at the other sports
court out on Stonewall Drive and it is hidden very well but it is
different than this one since my neighbor does not have enough room
for the trees. The front side there looks like they just planted some
trees. My neighbor has 8 feet on my side and what is the set back from
the road itself.
Mr. Fanuele:
Its 35 feet from the road there.
Mr. Manzi:
Wouldn't that pertain to this also?
Mrs. Lukianoff:
We are not talking about the fact that NO accessory structure is
permitted in the front yard. So you're not talking about a setback
because it's just not permitted in the front.
Mr. Manzi:
Well he doesn't even have room in the front to plant trees. This only
has 10 feet in the front so there is no room.
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Mrs. Lydford:
Cynthia Lydford, III Caroline Drive. The court on Stonewall looks
very beautiful with the way that they concealed it. I want to mention
Town of Wappinger
Zoning Board of Appeals
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Minutes of August 14,2007
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that the property there is also much larger there then here on Caroline
Drive. I also don't know ifhe will have room for screening.
Mr. Fanuele:
Anyone else? Swore in the witness.
Mr. Colbert:
Bill Colbert, Beaver Brook Court, Holmes, NY. The setback from the
front property line is 19.777 feet. Where the maple is in the front yard,
we will be placing screening in line with that. We are offering bushes
or trees to hide this and we really only have to hide the floor of this.
Mr. Fanuele:
He also has other places to put this court.
Mr. Colbert:
He got a verbal to go ahead and put this in and he didn't know where
his line was at the time. The court process took some time to settle in
order for him to get to here. It wasn't that Luis was trying to do
nothing all this time.
Mr. Manzi:
He said he got a verbal but you don't go ahead without permits. This
was built and finished before he even applied for anything.
Mr. Colbert:
The time line on construction here was only 1 and '12 days. It's not like
this took a long time to build.
Mr. Caviglia:
The ZBA asked the applicant for proof of the date with a bill?
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Ms. McEvoy-Riley:
He supplied that at the last meeting. He poured the cement on August
6,2006. Mr. Merchan why didn't you wait to find out if this was ok?
Why didn't you just spend another 2 or 3 hours to really find out if it
was ok? You also had a whole another parcel on the other side of your
house to use.
Mr. Merchan:
I didn't know that and I did speak with George.
Ms. McEvoy-Riley:
Yes you said that but he told you 10 or 15 feet off your property line
and you didn't follow that.
Mr. Merchan:
At that time I had a swimming pool there and the septic and leech
fields there.
Ms. McEvoy-Riley:
So you really didn't think this whole thing our very much. You spent
all this money but not enough time that you should have.
Mr. Merchan:
Probably not. I thought the tree line was my property line.
Mr. Fanuele:
On this drawing of the survey there is no indication of where the septic
is. You have trees on the other side so I doubt the septic fields are
there.
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Town of Wappinger
Zoning Board of Appeals
Mr. Colbert:
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Me. Fanuele:
Mr. Caviglia:
Mr. Fanuele:
Mr. Merchan:
Mr. Fanuele:
Mr. Merchan:
Ms. McEvoy-Riley:
Mrs. Lukianoff:
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Mr. Colbert:
Mr. Fanuele:
Ms. McEvoy-Riley:
Mr. Prager:
Vote:
Mr. Fanuele:
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Minutes of August 14, 2007
Usually no underground structures are shown on a survey. It may well
be on the filed map and we could get the information
If that is the only place it fits, it still doesn't give him the right to put it
there.
The last time you mentioned the other site on Stonewall, that received
a variance for this same type court?
Yes it is the one on Stonewall Drive.
Yes we poured that one.
Yes and they needed a permit and also a variance. They went through
the process and you knew about the permits so why did you go ahead
and install this?
Like I said I spoke with George he said to go ahead and pour because I
told him I was going to pour a slab for a basketball hoop.
A full basketball court is a little different than that.
I just want to bring to the boards attention that since the gentleman
were involved in the construction of the basketball court in 2003 on
Stonewall Drive and were aware that a building permit was required at
that time as well as a variance it turned out, at a minimum a building
permit was required. Then a building permit would certainly be
required for a similar structure four years later. Also there has been
talk and a neighbor did go look at Stonewall Drive which is in an R-40
zoning district and that property is 1.33 acres and the variance
requested was a 12 % request. In this instance the property is in an R-
20 zoning district and the property is .76 of an acre and the side
variance alone would be a 60 % request. The appeal for Mr. Manz of
Stonewall Drive was for a fence also. It was a variance to install a 10
foot fence where only 6 foot is allowed by our code. I see no mention
of a fence in this request.
Sport Courts go with a 10 foot fence because they play tennis on them.
This will never have a fence because they will not be using it for
tennis.
Anyone else?
Motion to close the public hearing.
Second the motion.
All present voted aye.
We will consider all the comments and we reserve judgment until
August 28, 2007.
Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of August 14, 2007
Appeal No. 07-7352
.Jean-Paul.Jimenez- Seeking an area variance of Section 240-37 of District Regulations in an R-
20 Zoning District.
-Where a rear yard setback of 40 feet is required, the applicant is proposin2 a rear yard
setback of 30.5 feet. to allow for a 15' X 30' existing above ground pool, thus reqUestin2 a
variance of 9.5 feet.
The property is located at 6 Foxhill Road and is identified as Tax Grid No. 6257-01-382857 in
the Town of Wappinger.
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Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Mr. Fanuele:
Mrs. Roberti:
Ms. Jimenez:
Mr. Fanuele:
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Mr. Prager:
Ms. McEvoy-Riley:
Vote:
Ms. McEvoy-Riley:
Mr. Prager:
Roll Call:
Motion to open the public hearing.
Second the motion.
All present voted aye.
Are the mailings in order?
Yes.
My name is Carla Jimenez. We thought the property line ended by the trees
and it doesn't. The problem is that the pool was there when we bought the
house and we didn't know that it wasn't legal.
We did a site visit and we saw how wooded the back is there. Anyone in
the audience with a comment on this variance.
Motion to close the public hearing.
Second the motion.
All present voted aye.
Motion to grant the variance because there really are no issues with
where it is. It is not undesirable and it won't produce any adverse
impact on the neighborhood. There really is no other place for it and
the variance is not substantial although it is self-created.
Second the motion.
Mr. McVeigh:
Ms. McEvoy-Riley:
Mr. Prager:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Aye.
Aye.
Aye.
Appeal No. 07-7353
Vincent & .Jianbo Mulli2an- Seeking area variances of Section 240-37 of District Regulations in
an R-40 Zoning District.
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Town of Wappinger
Zoning Board of Appeals
Page 6
Minutes of August 14, 2007
-Where a side yard setback of 25 feet is required, the applicant is proposinl! a side yard
setback of 10 feet. to allow for a 12' X 30' pre-fab shed with no electric, thus requestinl! a
variance of 15 feet.
-Where the code states...in no case shall Accessorv Structures be permitted in the front yard
the applicant requests a variance for the 12' X 30' pre-fab shed in his front yard.
The property is located at 35 Forest View Road and is identified as Tax Grid No. 6257-04-
848067 in the Town of Wappinger.
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Mr. Mulligan:
Mrs. Lukianoff:
Mr. Fanuele:
Mr. Mulligan:
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Mr. Fanuele:
Mr. Mulligan:
Mr. Fanuele:
Mr. Mulligan:
Mrs. Lukianoff:
Mr. Mulligan:
Mrs. Lukianoff:
Mr. Mulligan:
Mr. DellaCorte:
Mr. Mulligan:
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Mrs. Lukianoff:
I tried to draw a shed on the survey to show where I want to put this
shed. I have the shed on another parcel at this time and I am closing on
that parcel next week and need to bring it over to here. This is the only
flat area that I have on this current parcel because the land slopes steeply.
Can you tell me how do you define the front yard?
It is the land facing the road.
It says that there is a fence beyond the shed?
That is my neighbor's fence. It is one foot on their property, it's a
stockade fence. The shed is in perfect condition and I spoke to a couple
of neighbors and at least the people on the adjacent parcel and the people
across the street and I told them that they would be getting a letter and
they seemed ok with it. There is one tree on the road side that I will need
to take down for this.
We will come out this Saturday so put four stakes in so we can look at it
and your public hearing will be on August 28, 2007.
The property goes up steeply so I will need to grade off very slightly and
then I will sit the shed on Item 4.
Where will this shed be in the meantime?
The mover will store it for me.
You are talking about cutting away some land. Just how much will you
be taking because you may need a grading permit.
About 15 feet wide and the slope is about 6 feet high so they will
probably have to backup gradually about 20 feet with a slight grade.
Could you write that out for me tonight?
Yes I will.
You are going to grade so will it stay like that?
Yes it will be permanent and I will plant grass. I will get a narrative and
a survey with a topo for you.
May I do an inspection on your property?
Town of Wappinger
Zoning Board of Appeals
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Mr. Mulligan:
Mr. DellaCorte:
Mr. Mulligan:
Mr. DellaCorte:
Mr. Mulligan:
Page 7
Minutes of August 14,2007
Yes.
What will you be storing in there?
Lawn mowers, snow blower and I have a couple of motorcycles. I also
have a couple that I am putting together.
We may not all come out at the same time.
That's fine. Thank you.
Appeal No. 06-7333-
.Jeffrev Stram! - Applicant is granting an additional 6 month extension of the closed public hearing.
This extension would run from August 16,2007 through February12, 2008.
Seeking area variances of Section 240-37 and Section 240-1 07B (2) (b) [2] of District Zoning Regulations
for HB Zoning.
1. -Where 2 acres are reauired, the applicant is proposing 1.78 acres to allow for a mix of commercial
and multi-familv housine:. thus reauestine: a variance of .22 acres.
2. -Where a lot depth of 200 feet is reauired, the applicant is proposing a lot depth of 107.8 feet to allow
for a pre-existine: condition. thus reauestine: a variance of 92.2 feet.
3.-Where 50 feet from the from the front line of other street (Town Road) is reauired. the applicant
can provide 7.9 feet, thus reauestine: a variance of 42.1 feet for a front vard setback.
4.-Where a rear vard setback of 30 feet is reauired, the applicant is proposine: a rear vard setback of
13 feet. to allow for the proposed design, thus reauestine: a variance of 17 feet.
The property is located between Old State Road and Old Route 9 and is identified as Tax Grid No.
6157-02-580777/581803 in the Town of Wappinger.
( Public Hearing closed on February 13, 2007, Expires Apri1l6, 2007. Applicant granted a 60 day
extension to June 15, 2007 and a second 60 day extension to August 15,2007.)
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Ms. McEvoy-Riley:
Mr. Fanuele:
Mr. DellaCorte:
Vote:
Meeting ended at 8:30 PM
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Motion to accept the granted six month extension to February 12, 2008.
Motion to adjourn.
Second the motion.
All present voted aye.
Respec ully SUbmitw~-
/Bar a Roberti, Secretary
/ Secretary - Zoning Board of Appeals