2007-07-10
ZONING BOARD OF APPEALS
July 10, 2007
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Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: July 10,2007
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, N Y
Approve minutes for June 26, 2007.
Discussions:
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 vard setback of 40 feet is re~uired, the applicant is proDOsine a rear vard setback of 30.5
feet. to allow for a 15' X 30' existing above ground pool, thus reouestine 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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Appeal No. 06-7351
A.W. Scrap Processors. Inc. - - Seeking an Interpretation of the Zoning Code in connection with four
tickets issued in connection with a junkyard on the subject property. The tickets refer to operation of the
junkyard between the hours of 5:00 am and 7:00 am contrary to the Town Code which limits hours of a
junkyard to 7:00 am and 7:00 pm.
The property is located at 1980 Route 9D and is identified as Tax Grid No. 6056-02-688723 &721673 in
the Town of Wappinger. (Sarcone)
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Town of Wappinger
Zoning Board of Appeals
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MINUTES
Town of Wappinger
Zoning Board of Appeals
July 10, 2007
Summarized Minutes
Members:
Mr. Fanuele,
Mr. DellaCorte,
Ms. McEvoy-Riley
Mr. Prager,
Mr. McVeigh,
Others Present:
Mr. Caviglia,
Mrs. Roberti,
Page 1
Chairman
Member
Member
Vice-Chairman
Member
Special Counsel
Secretary
Minutes of July 10, 2007
Town Hall
20 Middlebush Road
Wappinger Falls, NY
MINUTES
APPROVED
JUl 242Q07
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SUMMARY
Discussion:
Jean-Paul Jimenez
A. W. Scrap Processors, Inc.
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-Public Hearing on July 24, 2007.
-Discussion on August 28th, 2007.
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Town of Wappinger
Zoning Board of Appeals
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Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Mr. Fanuele:
Page 2
Minutes of July 10,2007
Motion to approve the minutes for June 26, 2007.
Second the motion.
All present voted aye.
I would like to welcome our newest member Patrick McVeigh to our
board.
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 proposine a rear yard
setback of 30.5 feet. to allow for a 15' X 30' existing above ground pool, thus requestine 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.
Present:
Mr. Salazar:
Mr. Prager:
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Mr. Salazar:
Mr. Prager:
Mr. Salazar:
Mr. Fanuele:
Mr. Salazar:
Mr. Fanuele:
Mr. Salazar:
Ms. McEvoy-Riley:
Mr. Salazar:
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Mr. Fanuele:
Carlos Salazar - Brother of the applicant
We would like to keep the existing pool which we now realize needs a
vanance.
How long has it been there?
Since 2002.
Who put it in?
We bought it from Namco but a private installer put it in and I don't
remember who that was. Namco gives you a list of who installs pools
and you pick one from the list. Namco never told us that we needed a
permit.
That is the same as the installer, they never tell the applicants that they
need a permit. How did you find out you needed a permit.
Weare trying to get some electric done and he was the one who told us
we needed a permit and when I came here that is when I found out.
How high is the pool.
48 inches.
Is the house rented right now?
Yes and we want to legalize everything.
Where is Fox Hill ?
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Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of July 10, 2007
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Mr. Salazar:
It is near Lake Oniad Drive.
Mr. Fanuele:
We will come out on Saturday to look at it and we will set your public
hearing for July 14,2007.
Mr. Salazar:
Thank you.
Appeal No. 06-7351
A.W. Scrap Processors. Inc. - - Seeking an Interpretation of the Zoning Code in connection
with four tickets issued in connection with ajunkyard on the subject property. The tickets refer to
operation of the junkyard between the hours of 5:00 am and 7:00 am contrary to the Town Code
which limits hours of ajunkyard to 7:00 am and 7:00 pm.
The property is located at 1980 Route 9D and is identified as Tax Grid No. 6056-02-688723
&721673 in the Town of Wappinger. (Sarcone)
Present:
John Sarcone
Mr. Sarcone:
We had a meeting last evening with the Town Board regarding this and
Marco will fill you in.
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Mr. Caviglia:
Yes there was an Executive Session last evening with the Town Board
and there is an agreement in place that all matters regarding this be
suspended for 30 days while we all look into certain things that might
be able to satisfy the position of the town and the position of the
applicants here. So by consent we ask for an adjournment for at least
30 days.
Mr. Fanuele:
So we will adjourn this to August 28th, 2007.
Mr. Caviglia:
I have conferred with the CPA and he will send me information. Ijust
sent him a formal reminder and I believe he dropped the ball in this
case. So I will contact him again. His name is Jeffrey Harrison and we
will also need a construction specialist.
At this time Mr. Caviglia went over the Moody application for Patrick
McVeigh.
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Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of July 10, 2007
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Mr. Caviglia:
In regards to Michael Messina, I researched it and you didn't make any
conditions regarding the height of the garage.
Ms. McEvoy-Riley:
Even though he said it under oath?
Mr. Caviglia:
But you didn't bring it up as a concern.
Mr. Prager:
So we are going to let him go.
Mr. Caviglia:
Yes.
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 8:00 PM
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