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2007-02-27 ZONING BOARD OF APPEALS February 27, 2007 '-" Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: February 27, 2007 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Discussions: Appeal No. 07-7337 Paul & Lee Anne Freno- 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 reauired, the applicant is proposine: a side yard setback of20 feet, to allow for a 12' X 24' wood storage shed, thus reauestine: a variance of20 feet. -Where the code states...in no case shall Accessorv 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 196 Smithtown Road and is identified as Tax Grid No. 6156-01-086987 in the Town of Wappinger. Public Hearing closed on February 13, 2007 This item is tabled until March 27, 2007. ~ Appeal No. 06-7333- Jeffrey Stram!: - Seeking an area variance 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- family 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 reauestinl!: 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 proposinl!: 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 the Town of Wappinger. Miscellaneous: ~ Appeal No. 06-7299 John Dee:nan - Seeking an area variance of Section 240-37 of District Regulations in an HD Zoning District. - Where a lot depth of 300 feet is reauired, the applicant is proposine: a lot depth of 260 feet to allow for a pre-existing condition, thus reauestine: a variance of 40 feet. The property is located at 1708 Route 9 and is identified as Tax Grid No. 6158-02-543530 in the Town of Wappinger. (Public Hearing was closed on April 11, 2006. 62 days set to expire on June 12, 2006, extension granted to September 10,2006.) Applicant is now granting an additional six month extension while they appear before the planning board. This extension would begin on September 11,2006 and expire on March 9, 2007. '-" ~ '-" Town of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals February 27, 2007 . Summarized Minutes Members: Mr. Fanuele, Ms. McEvoy-Riley Mr. Warren, Mr. DellaCorte, Mr. Prager, Others Present: Mrs. Lukianoff, Mrs. Roberti, Mr: Caviglia Page 1 Chairman Member Member Member Vice-Chairman Minutes of February 27~1rt;~~1s (\['PROVED i'1."R 1 () ~ '/!-"~i 0 Town Hall 20 Middlebush Road Wappinger Falls, NY Zoning Administrator Secretary Special Counsel SUMMARY Discussions: Chase & Kunaschk Strang Site Plan Miscellaneous: Degnan Site Plan - Public Hearing on March 13, 2007. -Decision to be made on March 27,2007. -ZBA accepted a 6 month extension for the Public Hearing to September 7, 2007. Town of Wappinger Zoning Board of Appeals Page 2 Minutes of February 27,2007 '-' Appeal No. 07-7337 Paul & Lee Anne Freno- Seeking an area variance of Section 240-37 of District Regulations in an R-80 Zoning District. - Where a side vard setback of 40 feet is reauired, the applicant is proposine a side yard setback of20 feet. to allow for a 12' X 24' wood storage shed, thus reauestine a variance of 20 feet. -Where the code states...in no case shall Accessorv Structures be Dermitted in the front vard the applicant requests a variance for a detaehed garag~ in his front yard. The property is located at 196 Smithtown Road and is identified as Tax Grid No. 6156- 01-086987 in the Town of Wappinger. Mrs. Freno: We need the variance to allow our shed to stay where it is. Mr. Prager: How long have you been there? Mrs. Freno: Six years. Mr. Freno: Since 2001. Mr. Fanuele: What do you store in there? Mrs. Freno: Garden tools mostly. ~ Mr. Fanuele: Was the shed there when you bought the house? Mr. Freno: No. Mr. Prager: Do you have the site plan from when you purchased your home? Mr. Freno: Yes. Mrs. Roberti: There is a copy in the file. Mr. Fanuele: Why are you applying now? Mrs. Freno: Because we have a violation on the shed. Mr. DellaCorte: How did they discover the shed? Mrs. Freno: Because we were refinancing. Mr. Fanuele: How far off the road is this shed? Mr. Freno: Its about 300 feet into the property. This is a large parcel and the shed is about 100 feet from the house and is barely viable from the road. \. Town of Wappinger Zoning Board of Appeals Page 3 Minutes of February 27,2007 The back of our property was bowled out to give us a backyard because the property is hilly and that's how we got a flat area to build '-' the home. Mr. DellaCorte: Does the tax parcel map show the shed? Mr. Freno: Yes. Mrs. Lukianoff: Actually I drew the line for the shed there. Mr. Fanuele: We will come out this Saturday and do a site visit. Ms. McEvoy-Riley: What is this structure next to the garage? Mr. Freno: That is the shed. Mr. Fanuele: Your site visit will be March 3rd, 2007 and your public hearing will be on March 13th, 2007. . Mr. DellaCorte: Could you please stake out the property line for us. Mr. Freno: Yes. Thank you. ~ Appeal No. 06-7333- Jeffrey Stram! - Seeking an area variance 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 depth of 200 feet is required, the applicant is proposing a lot depth of 107.8 feet to allow for a pre-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 applicant can provide 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 proposine: 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. Mr. Fanuele: Is there anyone in the audience for this Strang project because this will be heard on the 2ih of March. '-' Town of Wappinger Zoning Board of Appeals Page 4 Minutes of February 27, 2007 ~ Appeal No. 06-7299 John Deg:nan - Seeking an area variance of Section 240-37 of District Regulations in an HD Zoning District. - Where a lot depth of 300 feet is reauired, the applicant is proposing: a lot depth of 260 feet to allow for a pre-existing condition, thus reauesting: a variance of 40 feet. The property is located at 1708 Route 9 and is identifie~ as Tax Grid No. 6158-02- 543530 in the Town of Wappinger. (Public Hearing was closed on April 11, 2006. 62 days set to expire on June 12,2006, extension granted to September 10,2006, second extension granted to March 9, 2007.) Applicant is now granting an additional six month extension while they appear before the planning board. This extension would begin on March 10,2007 and expire on September 7, 2007. Mr. Fanuele: Mr. WC!.rren: Vote: Motion to accept the six month extension. Second the motion. All present voted aye. ~ Ms. McEvoy-Riley: Motion to adjourn. Mr. Prager: Second the motion. Vote: All present voted aye. Meeting ended at 8:00 PM Respectfully Submitted, Barbara Roberti, Secretary Secretary - Zoning Board of Appeals ......