2007-06-12
ZONING BOARD OF APPEALS
June 12, 2007
~
Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: June 12, 2007
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Discussions:
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 yard setback of 40 feet is reauired, the applicant is proDOsin2 a rear yard setback of 30.6
feet. to allow for a 21 foot above ground pool, thus reauestin2 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.
~
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 reauired, the applicant is proDOsin2 a side yard setback of 8
feet. to allow for a 32 X 65 foot basketball court, thus reauestin2 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.
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 yard setback of 10 feet is reauired, the applicant is proDOsin2 a side yard setback of 2
feet. to allow for a 10' X 14' shed, thus reauestin2 a variance of 8 feet.
The property is located at 40 Helen Drive and is identified as Tax Grid No. 6158-02-756847 in the Town
of Wappinger.
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 yard setback of 40 feet is reauired, the applicant is proposin2 a rear yard setback of 16
feet. to allow for a 21 foot above ground pool, thus reauestin2 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 orooosiD2 a front vard setback of 34' 5" feet. to
allow for a 4' 7" X 8' 8" mud room, thus reouestiD2 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.
~
1
ZONING BOARD OF APPEALS
June 12,2007
Extension:
~
Aopeal No. 06-7333-
.Jeffrev Stram! - Applicant is granting an additional 60 day extension of the closed public hearing.
Seeking area variances of Section 240-37 and Section 240-107B (2) (b) [2] of District Zoning Regulations
for HB Zoning.
1. -Where 2 acres are required, the applicant is proposing 1.78 acres to allow for a mix of commercial
and multi-familv housine. thus reQuestine a variance of .22 acres.
2. -Where a lot deoth of 200 feet is required, the applicant is proposing a lot deoth of 107.8 feet to allow
for a ore-existine condition. thus reQuestine a variance of 92.2 feet.
3.-Where 50 feet from the from the front line of other street (Town Road) is required. the aoolicant
can orovide 7.9 feet, thus reQuestine a variance of 42.1 feet for a front yard setback.
4.-Where a rear yard setback of 30 feet is required, the applicant is oroDOsine a rear yard setback of 13
feet. to allow for the proposed design, thus reQuestine 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 Apri116, 2007. Applicant granted a 60 day
extension to June 15, 2007.)
Miscellaneous:
-...,.
Aopeal 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 oroDOsine 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 earaee beine built.
~
2
Town of Wappinger
Zoning Board of Appeals
~
MINUTES
Town of Wappinger
Zoning Board of Appeals
June 12, 2007
Summarized Minutes
Members:
Mr. Fanuele,
Mr. DellaCorte,
Mr. Prager,
Ms. McEvoy-Riley
Others Present:
Mrs. Roberti,
Page 1
Minutes of June 12,2007
, MINUTES
M.lPROVED
JUf4 2 6 2~67
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member
Vice-Chairman
Member
Secretary
~
SUMMARY
Discussion:
Peter Campbell
Luis Merchan
Richard Colabelli
Ralph Costa
Damian Peterman
Miscellaneous:
Jeffrey Strang
Michael Messina
~
-Public Hearing on June 26th, 2007.
-Public Hearing on June 261\ 2007.
-Public Hearing on June 26th, 2007.
-Public Hearing on June 261\ 2007.
-Public Hearing on June 26th, 2007.
-Accepted 60-day extension on closed PH.
-Site Visit on June 261h, 2007 and discussion
on June 261h, 2007.
Page 2
Town of Wappinger
Zoning Board of Appeals
Minutes of June 12, 2007
ADDeal No. 07-7346
Peter CamDbell- 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 re~uired, the applicant is DroDosine a rear yard setback of
30.6 feet. to allow for a new replacement single family home, 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.
~
Mr. Campbell:
Mr. Fanuele:
Mr. Campbell:
Ms. McEvoy-Riley:
Mr. Campbell:
Mr. Prager:
Mr. Campbell:
Mr. Prager:
Mr. Campbell:
~
Mr. Fanuele:
Mr. Campbell:
Mr. Fanuele:
Mr. Prager:
Mr. Campbell:
Mr. Fanuele:
Mr. Campbell:
Mr. Fanuele:
Mr. Campbell:
I now have a single family house that is totally non-conforming and on the rear
property line. I would like to replace it but with keeping the same utilities. If I
place the new home anywhere but where. it is shown I will have to replace the
septic system. The new house will be a two story with slab on grade
Is the other house still standing and are you living in it?
Yes.
You're going to double the size?
Yes.
Is this your garage?
Yes and it is 85 feet away fr~m the existing home.
How long are you there?
1991.
So you will be using the existing well and septic?
Yes and this is the closest l can get to the septic. The rear property line is the
highest elevation.
You have a very long driveway.
Is this a private road?
No I have frontage on Circle Drive.
When are you looking to start this?
Early next spring.
We will set your site visit for June 24, 2007 and your public hearing for June 26,
2007.
Thank you.
ADDeal 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 re~uired, the applicant is DroDosine a side vard 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 Accessorv Structures be Dermitted in the front yard the
applicant requests a variance for a basketball court in his front yard.
~
Page 3
Town of Wappinger
Zoning Board of Appeals
Minutes of June 12, 2007
The property is located at 107 Caroline Drive and is identified as Tax Grid No. 6056-03-238390 in the
Town of Wappinger.
\.
Mr. Merchan:
Mr. Fanuele:
Mr. Prager:
Mr. Merchan:
Mr. Prager:
Mr. Merchan:
Mr. Prager:
Mr. Merchan;
Mr. Prager:
Mr. Merchan;
Mr. Prager:
'-'
Mr. Merchan:
Mr. Prager:
Mr. Merchan:
Mr. Prager:
Mr. Merchan:
Mr. Fanuele:
Mr. Merchan:
Ms. McEvoy-Riley:
Mr. Merchan:
Mr. DellaCorte:
\..-
Mr. Merchan:
Before I poured the slab I called George Kolb and told him what I wanted to do
and I gave him rough dimensions because I didn't have my surveyor put my
property line there yet and I wanted to pour between 10 and 15 feet away from the
property line and so I pour this on the lot and then my neighbor Mike said I am too
close to the property line.
You are also too close to the road in the front so you need fwo variances.
With all your property there why didn't you put it on the other side?
I have a pool in the rear and my septic on the side.
I mean the other side of the house.
I didn't know it was mine.
Do you have a survey of the property?
Not with me.
Bring it to the next meeting. ~ow old is the house?
1974 and I bought it in 2003.
I see you have an appearance ticket.
I paid the fine already. I applied for the permit and then went to court and paid
the fine.
Why did they cite you?
I applied for a building permit when I found out from my neighbor that I needed a
permit and then I came here for a permit and it was denied and then they called me
to court. .
So you built this before you had the permit?
Yes like I said I called before I poured and George told me it was ok to pour and
then two days later my neighbor came and said I needed a permit.
You have no paperwork to show where you were pouring up front?
No what I did was make a phone call to Mr. George.
So why didn't you go on the other side where you have so much property?
I was not sure of my property line because I have a row of trees there and I thought
the tree line was my property.
So you spoke with Mr. George Kolb?
Yes and he told me that if! am not going with lights or a fence higher than 6 foot
and as long as I am 10 to 15 away from the property line it is ok and I can pour.
Page 4
Town of Wappinger
Zoning Board of Appeals
Mr. DellaCorte:
~
Mr. Merchan:
Mr. DellaCorte:
Mrs. Roberti:
Mr. Merchan:
Mr. Prager:
Mr. Merchan:
Mr. Prager:
Mr. Merchan:
. Mr. DellaCorte:
Mrs. Roberti:
Mr. Merchan:
\.,
Mr. Prager:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Mrs. Roberti:
Mr. Fanuele:
Mr. Merchan:
Mr. Prager:
Mr. Fanuele:
Mr. Merchan:
Minutes of June 12,2007
So after you spoke with Mr. Kolb you thought you were ok so you poured and
then your neighbor complained and you then applied for a permit and was denied?
Yes.
Do we have any record that he spoke with George?
He applied for a building permit last year not this year and was denied. He came
to my office where I gave him a variance application and I told him what he
needed to do but he never came back.
Yes I spoke to my surveyor.
Do you remember speaking with Barbara?
I don't remember because there are a lot of people there.
But it was discussed that you would need a variance in order to do this?
This was after I poured it in.
We need a time line.
When did you pour this?
I'm not sure.
Bring in a record of when you had the cement delivered.
George gave him conditions that he didn't meet.
Can we speak to George?
I will speak to him tomorrow.
Let's talk about the closeness to the road, which should be at least where the house
is. You didn't discuss that with anybody?
I measured from the blacktop.
It's still in front ofthe house.
We will set your site visit for June 24, 2007 and your public hearing for June 26,
2007.
Thank you.
Anneal 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 reauired, the applicant is nronosinl!: a side vard setback of 2
feet. to allow for a 10' X 14' shed, thus reauestine a variance of 8 feet.
The property is located at 40 Helen Drive and is identified as Tax Grid No. 6158-02-756847 in the Town
of Wappinger.
\..,.
Page 5
Town of Wappinger
Zoning Board of Appeals
-.,
Mr. Fanuele:
Mr. Colabelli:
Mr. Fanuele:
Mr. Colabelli:
Minutes of June 12,2007
Is this Quiet Acres?
Yes. The setback that I need is actually less now. Now I only need 6 feet because
I can move the shed in an additional two feet. There was a rock ledge but I jack-
hammered over the weekend some of the rock there.
Does the board have any questions? Hearing none. Sowe will set your site visit
for June 24, 2007 arid your publie hearing for June 26, 2007.
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 yard setback of 40 feet is required, the applicant is proposine a rear yard setback of 16
feet. to allow for 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 .inthe Town
of Wappinger. .
Mr. Costa:
\.
Mr. Fanuele:
Mr. Prager:
Mrs. Roberti:
We are looking to put in a 12' X 12' deck onto a new home. We were here for a
variance for the house which we had to push to the rear of the lot because of
wetlands.
At this time Mr. Costa went up to the ZBA members to show them the map.
We will also come out on the 24th of June and your public hearing will be on June
26th, 2007.
Barbara can you please get us a copy of this map for the next meeting?
Yes I will.
Anneal 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 yard setback of 75 feet is re~uired, the applicant is nronosinl! a front yard setback of 34' 5" feet. to
alIow for a 4' 7" X 8' 8" mud room, thus reouestinl! 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.
Mr. Peterman:
Mr. DelIaCorte:
Mr. Peterman Jr.:
Mr. Prager:
~
Mr. Peterman Jr.:
This is an existing house and the upstairs was a finished attic so we are revovating the
upstairs and in order to get the stairs up to code we have to come out 4 feet to the front and
that is what the mud room will alIow. This house was built in the 1930's.
Do you have a blueprint of this?
Yes. At this time he brought the blueprint up to the members for discussion. We are
looking to put in a master bedroom here.
How far off the road are you?
39 feet.
Page 6
Town of Wappinger
Zoning Board of Appeals
"-'
Mr. Fanuele:
Mr. Peterman:
Minutes of June 12,2007
Does the board have any questions? Hearing none. So we will set your site visit
for June 24, 2007 and your public hearing for June 26, 2007.
Thank you.
ADDeal No. 06-7333- .
Jeffrev Stranl! - Applicant is granting an additional 60 day extension of the closed public hearing.
Seeking area variances of Section 240~37 and Section 240-107B (2) (b) [2] of District Zoning Regulations
for HB Zoning.
I. -Where 2 acres are required, the applicant is propo~ing 1.78 acres to allow for a mix of commercial
and multi-familv housinl!. thus requestinl! a variance of .22 acres.
2. -Where a lot deDth of 200 feet is required, the applicant is proposing a lot deDth of 107.8 feet to allow
for a ore-existinl! condition. thus requestinl! a variance of 92.2 feet.
3.-Where 50 feet from the from the front line of other street (Town Road) is required. the aoolicant
can orovide 7.9 feet, thus requestinl! a variance of 42.1 feet for a front yard setback.
4.-Where a rear yard setback of 30 feet is required, the applicant is oroDosinl! a rear yard setback of
13 feet. to allow for the proposed design, thus requestinl! 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 .~e Town of Wappinger.
( Public Hearing. closed on February 13, 2007, Expires April 16, 2007. Applicant granted a 60
day extension toJune 15, 2007.)
\.,
Mr. Prager:
Mr. DellaCorte:
Vote:
Motion to accept there extension for 60 days.
Second the motion.
All present voted aye.
AODeal 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 orooosinl! 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 Dermitted 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 1!ara1!e bein1! built.
Mr. Messina:
Ms. McEvoy-Riley:
Mr. Messina:
\....
The variance for the garage was issued a year ago and I just started to build it this
past week. The foundation was up all winter and I started with the framing of it
last Thursday. At 1 :00 pm on Thursday I stopped in to see Tania and asked her
about the available height that I could go. She had told me that I could go to the
height of 35 feet which was legal but not over that. So I built it and have pictures
to show you.
Are you the guy with the fence in tri-colors?
Yes. What I have done is four foot above my existing ridge.
Page 7
Town of Wappinger
Zoning Board of Appeals
Mr. Prager:
~
Mr. Messina:
Ms. McEvoy-Riley:
Mr. Messina:
Ms. McEvoy-Riley:
Mr. Prager:
Mr. Talaber:
Mr. Prager:
Mr. Talaber:
...
Mr. Messina:
Mr. Talaber:
Mr. Messina:
Ms. McEvoy-Riley:
Mr. Fanuele:
Mr. Messina:
Mr. Fanuele:
~
Minutes of June 12,2007
I think the problem here is the minutes on this where you had said on page three
that this would have a height of 19.5 feet. When we gave you a variance it was
basically under those conditions especially when your neighbor was so upset.
Mr. Messina showed pictures to the board at this time.
He shouldn't have even been here.
He's a neighbor, of course he should be here. Then you painred it funky colors
just to annoy him.
Am I a bad boy?
Yes you are.
Read from the minutes dated May 16,2006.
Matthew Talaber, 9 Maple Path. We share the property line with Mike. I
haven't seen the design before and was curious how it laid out. The reason .
both setbacks are mentioned is because it creeps into the front yard a little
bit? .
Yes, three feet into the front.
I'm not so concerned with the front yard but am concerned with the side where I
do share the property line. I do feel if it's done right it can enhance
Michael's property as well as mine. What is the height of the structure?
19.2 feet, a little shorter than the house with a window facing you.
At this time the plans to the garage were looked at.
I was concerned it might exceed the height of the house. I come down my
driveway and would see a huge garage. Another I would ask in the form of
mitigation if I could would be to see a solid fence at least when you come
down my driveway and I look at it because what will happen is what happens
to all of us when we want to hide things we put them behind our garage.
Although there are the trees there, the trees can die or be disturbed so I am
looking for some mitigation in the form of a solid barrier. The other concern
I have is where the leaders drain because the natural grade is toward my
property.
I can definitely get that down to my lower yard because it is uphill. As far as this
solid fence though, this is something we should be talking about here?
You swore to us that the height would be 19.5 feet.
How high is it?
My house is 20 feet and 24 feet is the garage. If I have to take it down can it
come down to the house height of 20 feet?
How far along are you?
~
~
~
Town of Wappinger
Zoning Board of Appeals
Mr. Messina:
Ms. McEvoy-Riley:
Mr. Fanuele:
Mr. Messina:
Mr. Prager:
Ms. McEvoy-Riley:
Vote:
Meeting ended at 9: 15 PM
Page 8
Minutes of June 12,2007
Because Tania gave her ok it was up on Thursday.
We will come out to look at it.
So we will do a site visit and you can come back on the 26th of June for a
discussion.
Thank you.
Motion to adjourn.
Second the motion.
All present voted aye.
~>6-'