2007-07-24
ZONING BOARD OF APPEALS
July 24,2007
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Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: July 24, 2007
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, N Y
Approve minutes for July 10, 2007.
Approve site minutes for July 14, 2007.
Adjourned Public Hearing:
Aooeal 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 required, the applicant is oroDOsin2 a side yard setback of 8
feet. to allow for a 32 X 65 foot basketball court, thus requestin2 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.
Public Hearing:
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MailiD2S were not sent out. will re-oublish for the 14th of AUI!USt.
Aopeal 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 orooosin2 a rear yard setback of 30.5
feet. to allow for a IS' 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.
Discussions:
Aopeal No. 06-7345
RIA Holdin2s. 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 a two-
family residence where only single family residences are permitted.
The property is located 51 Mvers Comers Road and is identified as Tax Grid No. 6157-02-899988 in the
Town of Wappinger. (Adams)
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Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of July 24,2007
MINUTES
APPROVED
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MINUTES
AUG l 4 2flG7
Town of Wappinger
Zoning Board of Appeals
July 24, 2007
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members: Mr. Fanuele, Chairman
Mr. DellaCorte, Member
Ms. McEvoy-Riley Member
Mr. McVeigh, Member
Member Absent:
Mr. Prager, Vice-Chairman
Others Present: Mr. Caviglia, Special Counsel
'- Mrs. Lukianoff, Zoning Administrator
Mrs. Roberti, Secretary
SUMMARY
Adjourned Public Hearing:
Luis Merchan
-Adjourned PH to August 14th, 2007.
Public Hearings:
Jean-Paul Jimenez
-Public Hearing on August 14,2007.
Discussion:
RJ A Holdings, Inc.
-Discussion on August 14th, 2007.
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Town of Wappinger
Zoning Board of Appeals
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Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Page 2
Minutes of July 24,2007
Motion to approve the minutes for July 10,2007.
Second the motion.
All present voted aye.
Motion to approve the site minutes for July 14,2007.
Second the motion.
All present voted aye.
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 required, the applicant is proposine: a side yard
setback of 8 feet. to allow for a 32 X 65 foot basketball court, thus requestine: 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.
Mr. DellaCorte:
Mr. McVeigh:
Vote:
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Mr. Fanuele:
Mr. Merchan:
Mr. DellaCorte:
Mr. Merchan:
Mr. DellaCorte:
Mr. Merchan:
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Motion to open the public hearing.
Second the motion.
All present voted aye.
Swore in the applicant.
I am here for a variance for my basketball court. Before I poured it I
called Mr. George and he misunderstood what I was trying to explain
and I thought it was ok to pour it. Then I got a ticket and went to court
and paid the fine. Then after speaking to you he called me to his office
and he said then that he didn't remember talking to me because he
speaks with a 100 people every day in his office and that's what he told
me. But because he told me to go ahead and pour and then he
misunderstood I went ahead and poured the slab and then I got a ticket
and now I am trying to get a variance.
It's George Kolb you spoke with? (Yes.) The last time you were
here we asked you to bring papers with you as to when you poured
this.
I have this for you. ( Gave receipts to the ZBA. )
So the date of the pouring was August 5, 2006.
Yes. You asked why I didn't use the other size of my house because
there is more property there but my septic is there. My house was
built in 1975 and I bought it in 2003.
Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of July 24, 2007
Mr. DellaCorte:
This paper says the pipe is in the right comer. When did you talk to
George Kolb?
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Mr. Merchan:
A few days before I poured but he doesn't remember.
Mr. Fanuele:
Is there anyone in the audience with a comment on this?
Mr. Manzi:
Michael Manzi, 109 E. Caroline Drive. I am the neighbor next door. I
was away when he poured this and when I came home I told him to he
was to close to my property line and to stop. He thought the trees were
the property line and I immediately measured out where the property
line is and seven months later he had it surveyed and found out that I
was right. I spoke with George Kolb right then and he told me that he
was told it would be a patio not a basketball court. I then told George
that there were 8 foot steel columns on each end and he told me that he
needed a permit and I told Mr. Merchan that and he still completed it.
So he knew from day one.
Mr. Fanuele:
Are the trees yours?
Mr. Manzi:
Yes and I own eight feet onto his side also. I kept calling the building
department and then they told me he was going to court. This just
doesn't belong in a development.
Mr. DellaCorte:
So you did speak with George Kolb?
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Mr. Manzi:
Yes I believe it was him and Luis said it was the same gentleman.
Mr. DellaCorte:
Was this around August 8th?
Mr. Manzi:
I'm not positive of the date.
Mr. Fanuele:
Has the court been used?
Mr. Manzi:
Yes.
Mr. Fanuele:
Does this create noise?
Mr. Manzi:
Yes. Sometimes there is as many as 30 to 40 people there on the
weekends. Kids and adults alike and this is an eyesore and it devalues
everything around it.
Mr. Fanuele:
If he could alter the eyesore with evergreen trees, would that help?
Mr. Manzi:
It just shouldn't be there and how can you hide it. He did continue
with it even after he knew he needed a permit. He said he knew that
and was working on it and the worse thing they can do is make me take
it out.
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Mr. DellaCorte:
Are the 30 to 40 people from the neighborhood?
Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of July 24, 2007
Mr. Manzi:
No.
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Mrs. Lydford:
Cynthia Lydford, 114 Caroline Drive. I live at an angle from this and I
think it is nice for his kids but I think it detracts from the neighborhood
and the noise is additional.
Mr. DellaCorte:
Are the kids from the neighborhood?
Mrs. Lydford:
No.
Mr. Cog1an:
Bill Coglan, 7 Ackland Place, Fishkill, New York. I am the owner of
the company and we do work for colleges, Toll Bros and work in the
highest end homes. He was able to put a nice tile surface short of
asphalt. He does have an issue with the setbacks and that should be
taken care of but this is of the highest upgrade and has a value of
$60,000.00. This guy has built a quality court.
Mr. DellaCorte:
Is this your product and is he your employee?
Mr. Coglan:
Yes.
Mrs. Lydford:
Yes it is very nice but as he points out it should be for colleges and
other larger areas.
Mr. Fanuele:
We have one other one in this town.
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Mr. Coglan:
Yes we built it.
Mr. Manzi:
I agree with the quality but it's where it is. My friends think I have a
daycare next door. It has 8' X 8' upright steel columns for the
basketball court.
Mr. McVeigh:
Would it be ok on the other side?
Mr. Manzi:
It still doesn't belong here and it sticks out 20 feet before the house.
Mr. DellaCorte:
Are the columns collapsible?
Mr. Merchan:
Yes.
Mr. DellaCorte:
Can they be removed from sight?
Mr. Merchan:
What if I remove one form the front?
Mr. Manzi:
No. You now also have a net for tennis across it.
Mr. Colbin:
Bill Colbin, 70 Beaver Brook Road, Holmes. I am the surveyor and
represent Truman layouts. I filled out the papers to represent him and
yes it was a mistake in the place that it was poured. One of the best
solutions would be to put in 8' to 10' Norway spruces as a planting
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Town of Wappinger
Zoning Board of Appeals
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Mr. Fanuele:
Mr. Manzi:
Mr. Fanuele:
Mr. Colbin:
Mr. Fanuele:
Mr. Manzi:
Mr. Fanuele:
Mr. Manzi:
Mr. Lydford:
'-' Mr. Fanuele:
Mrs. Lukianoff:
Mr. Manzi:
Mr. Colbin:
Mr. Manzi:
Mr. Fanuele:
Mr. DellaCorte:
Mr. Fanuele:
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Mr. Manzi:
Page 5
Minutes of July 24, 2007
screen. There are letters from other neighbors that are in favor of it.
The other side of the property has slopes and the septic.
Yes we have a letter from Marc Springer of 108 E. Caroline Drive.
( At this time Mr. Fanuele read the letter into the record. )
He signed another name and he can barely see it from his yard.
The gentleman here suggests screening.
The Norway trees come 10' to 12' tall already.
There is a court on Stonewall Drive and he planted evergreen trees
around his for screening.
The quality is not in question, it's in the wrong location.
This gentleman suggested screening around it. Are you in favor of
that.
So I have to wait 15 years for screening. There are 60 feet tall trees
there now.
So then you are altering the code if you allow this.
We look at the issue and how it affects the neighborhood and then we
look to try to satisfy everyone.
You can't plant trees in the ROW in the front and depending on where
the property line is, this may be close to the ROW.
That's a good point. How much room is there from the road to the
court?
Around 15 feet.
His marker is 6 or 7 feet from the road.
Discussion took place regarding just where the property line is.
I have a suggestion, let's postpone the decision and I am willing to
meet you out at Stonewall Drive this Saturday morning so that you can
see the screening on the other one.
We can make it what we want it to be.
Wait for a full board and lets do a site visit at the other court
I'm willing to look at it.
Town of Wappinger
Zoning Board of Appeals
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Mr. Fanuele:
Mr. DellaCorte:
Vote:
Page 6
Minutes of July 24,2007
Ok, go look at it and we all come back on August 14, 2007. Motion
to adjourn the public hearing to August 14,2007.
Second the motion.
All present voted aye.
Aooeal 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 reauired, the applicant is orooosinl! a rear yard
setback of 30.5 feet. to allow for a 15' X 30' existing above ground pool, thus reauestinl! 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.
Mailine:s were not sent out. will re-oublish for the 14th of AUl!ust.
Mr. Fanuele:
Mr. Fanuele:
Mr. DellaCorte:
Vote:
Since the mailings where not done properly the applicant will re-publish
and we will adjourn this to August 14th, 2007.
Motion to adjourn the public hearing to August 14,2007.
Second the motion.
All present voted aye.
Aooeal No. 06-7345
RIA Holdine:s. 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 Myers Corners Road and is identified as Tax Grid No. 6157-02-
899988 in the Town of Wappinger. (Adams)
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Mr. Fanuele:
Mr. Fanuele:
Mr. DellaCorte:
Vote:
We received a fax asking for an adjournment of this until August ]4,2007.
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 8:30 PM
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Respectfully Submitted,
Barbara Roberti, Secretary
Secretary - Zoning Board of Appeals