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2007-04-10 ZONING BOARD OF APPEALS April 10, 2007 '-' Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: April 10, 2007 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve site minutes for March 31, 2007 Public Hearing: Appeal No. 07-7341 Michael & Teresa Boice- Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District. -Where a rear vard setback of 40 feet is required, the applicant is proposine: a rear yard setback of 16 feet, to allow for a 21' X 21' in-ground pool, thus reQuestine: a variance of 24 feet. The property is located at 11 So. Fowlerhouse Road and is identified as Tax Grid No. 6157-04-561228 in the Town of Wappinger. Discussions: \. Appeal No. 06-7333- Jeffrey Stram! - 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 reauired, the applicant is proposing 1.78 acres to allow for a mix of commercial and multi- family housin2, thus reauestin2 a variance of .22 acres. 2. -Where a lot depth of200 feet is reauired. the applicant is proposing a lot depth of 107.8 feet to allow for a pre- existin2 condition, thus reauestin2 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 reauestin2 a variance of 42.1 feet for a front yard setback. 4.- Where a rear yard setback of 30 feet is reauired. the applicant is proposin2 a rear vard setback of 13 feet, to allow for the proposed design, thus reauestin2 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. (Decision to be made tonight, Public Hearing closed on February 13,2007, Expires Apri116, 2007, if decision not made tonight an extension is necessary. \.... 1 Town of Wappinger Zoning Board of Appeals ~ MINUTES Town of Wappinger Zoning Board of Appeals April 10, 2007 Summarized Minutes Members: Mr. Fanuele, Mr. DellaCorte, Mr. Prager, Members Absent: Page I Minutes of April 10, 2007 UTES , hiOVED A-..::l,? I)" I \ e....~ ." ..: Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Member Vice-Chairman Ms. McEvoy-Riley Member Others Present: Mrs. Lukianoff, Mrs. Roberti, \.. Zoning Administrator Secretary SUMMARY Public Hearines: Michael & Teresa Boice Discussions: Jeffrey Strang Site Plan \.. -Variance granted. -Accepted 60 extension to June 15,2007. " - .- Town of Wappinger Zoning Board of Appeals ~ Mr. Prager: Mr. DellaCorte: Vote: Page 2 Minutes of April 10, 2007 Motion to approve the site minutes for March 31, 2007. Second the motion. All present voted aye. Appeal No. 07-7341 Michael & Teresa Boice- Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 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 21' X 21' in-ground pool, thus reQuestine: a variance of 24 feet. The property is located at 11 So. Fowlerhouse Road and is identified as Tax Grid No. 6157-04-561228 in the Town of Wappinger. Mr. Fanuele: Mrs. Roberti: \.- Mr. Prager: Mr. DellaCorte: Vote: Mr. Fanuele: Mr. Boice: Mr. Fanuele: Mr. Boice: Mr. Fanuele: Mr. Prager: Mr. DellaCorte: Vote: \.- Are the mailings in order? Yes. Motion to open the Public Hearing. Second the motion. All present voted aye. Swore in the applicant. I would like to install an in-ground pool in the same area that we had an above ground pool that collapsed last year. It would be centered in the back yard so we would not need any side yard varIances. We went out and did a site visit on this. What is that behind you? It is Executive Park and their retention pond. We don't feel that there is a better spot for the pool. Are there any questions in the audience? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals Mr. Prager: Page 3 Minutes of April 10, 2007 Mr. DellaCorte: Roll Call: Motion to grant the rear yard variance. This won't be detrimental to nearby properties. It will not cause an undesirable affect and there doesn't seem to be many alternatives. This is substantial and it is self-created. Second the motion. Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Aye. \.r \... Appeal No. 06-7333- Jeffrev Stram! - 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 housinl!:. thus requestinl!: a variance of .22 acres. 2. -Where a lot depth of200 feet is required. the applicant is proposing a lot depth of 107.8 feet to allow for a pre- 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 applicant can provide 7.9 feet. thus requestinl!: a variance of 42.1 feet for a front vard setback. 4.- Where a rear vard setback of 30 feet is required. the applicant is proposinl!: a rear vard 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 the Town of Wappinger. (Decision to be made tonight, Public Hearing closed on February 13,2007, Expires Apri116, 2007, if decision not made tonight an extension is necessary. Mr. Prager: Motion to accept 60-day extension on closed public hearing to June 15,2007. Second the motion. All present voted aye. Mr. DellaCorte: Vote: Mr. Prager: Mr. DellaCorte: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:00 PM Re:peCtfullY SUb:~ \ a Roberti, Secretary Secretary - Zoning Board of Appeals \....-