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2007-06-26 ZONING BOARD OF APPEALS June 26, 2007 ~ Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: June 26, 2007 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for May 8, 2007. Approve minutes for May 30, 2007. Approve minutes for June 12, 2007. Approve site minutes for June 24, 2007 Public Hearing: Aooeal No. 07-7346 Peter Camobell- 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 reouired, the applicant is oroDOsim! a rear yard setback of 30.6 feet. to allow for the construction of a replacement single family residence, thus reouestine a variance of 9.4 feet. The property is located at 14 Circle Drive and is identified as Tax Grid No. 6056-01-259750 in the Town of Wappinger. ~ Aopeal 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 oroDOsine 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. Aooeal No. 07-7348 Richard Colabelli- Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a side yard setback of 10 feet is reouired, the applicant is oroDOsine a side yard setback of 4 feet. to allow for a 10' X 14' shed, thus reouestine a variance of 6 feet. The property is located at 40 Helen Drive and is identified as Tax Grid No. 6158-02-756847 in the Town of Wappinger. Aopeal No. 07-7349 Raloh Costa- 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 reouired, the applicant is oroDOsine a rear yard setback of 16 feet. to allow for the construction of a 12' X 12' deck, thus reouestine a variance of 24 feet. The property is located at 64 Kent Road and is identified as Tax Grid No. 6258-03-493027 in the Town of Wappinger. ~ Aooeal No. 07-7350 Damian Peterman - Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District. -Where a front vard setback of 75 feet is required, the applicant is orooosilU! a front vard setback of 34' 5" feet. to allow for a 4' 7" X 8' 8" mud room, thus reouestine: a variance of 39' 7" feet. 1 ZONING BOARD OF APPEALS June 26, 2007 The property is located at 48 Osborne Hill Road and is identified as Tax Grid No. 6156-02.607926 in the Town of Wappinger. '-' Discussions: Appeal No. 06-7308 Michael Messina- Seeking an area variance of Section 240-37 of District Regulations in an R-80 Zoning District. -Where a side yard setback of 40 feet is required, the applicant is proposine: a side yard setback of 17.46 feet. to allow for a 24 X 24 foot garage, thus reQuestine: a variance of 22.54 feet. -Where the code states...in no case shall Accessory Structures be permitted in the front yard the applicant requests a variance for a detached garage in his front yard. The property is located at 192 Smithtown Road and is identified as Tax Grid No. 6256-01-058970 in the Town of Wappinger. To discuss the size of the I!aral!e beinl! built. 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) ~ ~ 2 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of June 26,2007 MINUTES APPROVED ~ MINUTES ~ ',~ '- 1 ~) 2~n7 Town of Wappinger Zoning Board of Appeals June 26, 2007 Town Hall 20 Middlebush Road Wappinger Falls, NY Summarized Minutes Members: Mr. Fanuele, Chairman Mr. DellaCorte, Member Ms. McEvoy-Riley Member Member Absent: Mr. Prager, Vice-Chairman Others Present: Mr. Caviglia, Special Counsel Mrs. Roberti, Secretary \..- SUMMARY Public Hearings: Peter Campbell -Variance Granted. Luis Merchan -Adjourned PH to July 24th, 2007. Richard Colabelli -Variance Granted. Ralph Costa - Variance Granted. Damian Peterman - Variance Granted. Discussion: Michael Messina -Public Hearing on July to, 2007. A W Scrap Processors, Inc. -Discussion on July to, 2007. ~ Town of Wappinger Zoning Board of Appeals ~ Mr. DellaCorte: Ms. McEvoy-Riley: Vote: Mr. DellaCorte: Ms. McEvoy-Riley: Vote: Mr. DellaCorte: Ms. McEvoy-Riley: Vote: Mr. DellaCorte: Ms. McEvoy-Riley: Vote: Page 2 Minutes of June 26,2007 Motion to approve the minutes for May 8, 2007. Second the motion. All present voted aye. Motion to approve the minutes for May 30, 2007. Second the motion. All present voted aye. Motion to approve the minutes for June 12,2007. Second the motion. All present voted aye. Motion to approve the site minutes for June 24, 2007. Second the motion. All present voted aye. Appeal No. 07-7346 Peter Campbell- 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 required, the applicant is proposine: a rear vard setback of 30.6 feet. to allow for the construction of a replacement single family residence, thus requestine: a variance of 9.4 feet. The property is located at 14 Circle Drive and is identified as Tax Grid No. 6056-01-259750 in the Town of Wappinger. '- Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Mr. Fanuele: Mr. Campbell: Mr. Fanuele: Ms. Molatoris: \.,. Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. The original house is on the property line and I put in a new septic system and want to take this old house down and put up a new one but I need to stay within 10 feet of the septic system and so I need a variance of 9.4 feet. Is there anyone in the audience with a question? Lisa Molatoris, 20 Circle Drive. I am here representing my sister Donna Pasaretti, 18 Circle Drive. Will you be tearing down the old house before putting up the new one and when? Town of Wappinger Zoning Board of Appeals ~ Mr. Campbell: Ms. Molatoris: Mr. Campbell: Ms. Molatoris: Mr. Fanuele: Mr. DellaCorte: Ms. McEvoy-Riley: Vote: Ms. McEvoy-Riley: ~ Mr. Caviglia: Ms. McEvoy-Riley: Mr. Campbell: Ms. McEvoy-Riley: Mr. Fanuele: Mr. Caviglia: Ms. McEvoy-Riley: Mr. DellaCorte: Roll Call: '-' Mr. Campbell: Page 3 Minutes of June 26,2007 Yes I will take the old one down first. When I purchased the home in 1990 there was a slab left in this corner here on the property line. Will the slab be taken out because that is a concern of ours? Yes it will. Ok fine. Anyone else? Hearing none. We did do a site visit out at this house. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. This will not cause an undesirable condition or an adverse impact. There really is no other method to place the new house and this is self- created but not substantial. I see a potential problem with statute 240.16 (b) (2). I should look at this matter more closely. He is residential. I just used the wrong terminology on the application. He has a 0 setback and he is moving it back 30 feet into the property so there is no problem. The first house was non-conforming but the new one won't be. Let me check this section for a moment. We feel very clear on this and we have a motion made. Second the motion. Ms. McEvoy-Riley: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Thank you. Town of Wappinger Zoning Board of Appeals ~ Page 4 Minutes of June 26,2007 Appeal No. 07-7348 Richard Colabelli- Seeking an area variance of Section 240-37 of District Regulations in an R- 20 Zoning District. -Where a side vard setback of 10 feet is required, the applicant is proposine a side vard setback of 4 feet. to allow for a to' X 14' shed, thus requestine a variance of 6 feet. The property is located at 40 Helen Drive and is identified as Tax Grid No. 6158-02-756847 in the Town of Wappinger. Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Mr. Fanuele: Mr. Colabelli: Mr. Fanuele: '-" Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Ms. McEvoy-Riley: Mr. DellaCorte: Roll Call: Mr. Colabelli: Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. I am looking for a 6 foot variance in order to put in a shed. I have gone back as far as I could. Is there anyone in the audience with a question? Hearing none. We did a site visit and there is really no other place for the shed and there are bushes on the property line. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. This will not cause an undesirable change in the neighborhood nor an adverse affect. There really is no other feasible method to place the shed and this is self-created but not substantial. Second the motion. Ms. McEvoy-Riley: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Thank you. Appeal No. 07-7349 Ralph Costa- 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 required, the applicant is proposine a rear vard setback of 16 feet. to allow for the construction of a 12' X 12' deck, thus requestine a variance of 24 feet. The property is located at 64 Kent Road and is identified as Tax Grid No. 6258-03-493027 in the Town of Wappinger. '--' Town of Wappinger Zoning Board of Appeals ...... Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Mr. Fanuele: Mr. Costa: Mr. Fanuele: Mr. DellaCorte: Ms. McEvoy-Riley: Vote: Mr. DellaCorte: Ms. McEvoy-Riley: Roll Call: ~ Mr. Costa: Page 5 Minutes of June 26,2007 Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. We did a site visit and this is new construction and the house has been placed in a different direction than normally. That is because we had to deal with the federal wetland issues. Is there anyone in the audience with a question? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. There are no other means to put the deck, it is not substantial and will not cause an undesirable change to the neighborhood or an adverse affect to the environment. It is self-created though. Second the motion. Ms. McEvoy-Riley: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Thank you. Appeal No. 07-7350 Damian Peterman - Seeking an area variance of Section 240-37 of District Regulations in an R- 20/40 Zoning District. -Where a front vard setback of 75 feet is reauired, the applicant is proposinl! a front vard setback of 34' 5" feet. to allow for a 4' 7" X 8' 8" mud room, thus reauestinl! a variance of 39' 7" feet. The property is located at 48 Osborne Hill Road and is identified as Tax Grid No. 6156-02- 607926 in the Town of Wappinger. Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Mr. Fanuele: ~ Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. We also did an inspection at this house and it is an older home. Town of Wappinger Zoning Board of Appeals \-r Mr. Peterman: Mr. Fanuele: Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Mr. DellaCorte: Ms. McEvoy-Riley: Roll Call: Mr. Peterman: '-" Page 6 Minutes of June 26, 2007 This house was built in 1932 and in order for us to use the upstairs we need to get the staircase into code compliance and so we need to bring the front out a few feet to achieve that. 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'll make a motion to grant the variance. This will not cause an adverse affect on the neighborhood and really can't be achieved by any other means. This is substantial but they really have no choice and this is self-created. Second the motion. Ms. McEvoy-Riley: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Thank you. 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 vard setback of 20 feet is required, the applicant is proposin2 a side vard 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 Accessorv Structures be permitted in the front vard 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. Fanuele: Neighbor: Mrs. Roberti: Neighbor: Ms. McEvoy-Riley: Mr. DellaCorte: Vote: ~ Unfortunately because we do not have enough members we will have to adjourn this to the 10th of July. I have been dealing with this for months now and I can't make the 10th. Can you be here on the 24th? Yes. Motion to open the public hearing. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals Page 7 Minutes of June 26, 2007 \..- Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Motion to adjourn the public hearing to July 24th, 2007. Second the motion. All present voted aye. Appeal No. 06.7308 Michael Messina- Seeking an area variance of Section 240-37 of District Regulations in an R-80 Zoning District. -Where a side yard setback of 40 feet is required, the applicant is proDOsinl! a side yard setback of 17.46 feet. to allow for a 24 X 24 foot garage, thus reQuestinl! a variance of 22.54 feet. -Where the code states...in no case shall Accessory Structures be oermitted in the front yard the applicant requests a variance for a detached garage in his front yard. The property is located at 192 Smithtown Road and is identified as Tax Grid No. 6256-01-058970 in the Town of Wappinger. To discuss the size of the Ilaralle beinll built. Ms. McEvoy-Riley: Mr. Messina swore the height would be 19.5 ft. and it has since changed. Mr. Fanuele: I wasn't here at the time last year when this was heard. Isn't it ok as long as it meets the code? If it falls under the code then I don't see a problem. \... Mr. Kolb: It does fall under the code restriction. Mrs. Messina: I have pictures to show to the board. My neighbor who opposed this has personnel issues with us. The first picture is what we started with when we bought the property and the second picture is taken from the neighbor's property and this is what he sees with the garage up. We have all trees to shield him and I have also planted additional trees recently. Mr. Fanuele: The minutes state that you planted trees. Ms. McEvoy-Riley: Where is the fence? Mrs. Messina: It will be there when we are ready for the CO. Ms. McEvoy-Riley: What is the total height? Mr. Messina: 24 feet and my house is 20 feet to the ridge. Mr. Caviglia: Was the variance granted in relation to the height? I think the issue that extends before the board is whether or not the variance was granted based on specific representation of the height that was going to be built and that is the issue that the zoning board is going to have to decide as I see it. \.- Town of Wappinger Zoning Board of Appeals Page 8 Minutes of June 26,2007 ~ Mr. Messina: No just the fence. Now it's another two weeks and my garage is now open to the weather and needs to be closed up. Mr. Caviglia: You could schedule that for the public hearing. Mr. Kolb: The problem is that the variance that was issued doesn't reflect what was said in the minutes so legally do we go based on what the variance says or does Tania have to go back to the minutes and what is reflected in them? It is compliant with the town code. The neighbor has complained already. Ms. McEvoy-Riley: I'll set the public hearing for July 10, 2007 but it if it is determined that it is not necessary then it will be cancelled. Mr. Caviglia: I will look into this. \... 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: Can we move this to July 10th for a discussion since you do not have a quorum? Also on the side Mr. Caviglia knows and George knew that apparently there was a meeting last night that we were supposed attend except I did not receive any confirmation from Mr. Roberts on that and I even sent him a letter yesterday because I knew they wanted to meet with us. So perhaps we will have a meeting with them before we come back and maybe all this won't be necessary. Thank you. Mr. Fanuele: Also Barbara can you send a letter to the Town Board requesting the appointment of an alternate so that we can avoid this in the future. Mrs. Roberti: I will type that for your signature. Mr. Fanuele: Ms. McEvoy-Riley: Vote: Motion to adjourn. Second the motion. All present voted aye. ~ .... ~ ~ Town of Wappinger Zoning Board of Appeals Page 9 Minutes of June 26, 2007 Meeting ended at 8: 15 PM ~RespectfUllY SUbmitt;~!_) d ' ;;/ adc::ua ~~7J . a Roberti, Secretary -Secretary - Zoning Board of Appeals