2007-01-23
ZONING BOARD OF APPEALS
January 23, 2007
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Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: January 23, 2007
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve minutes for October 24, 2006
Approve minutes for November 14, 2006.
Adjourned Public Hearing:
Appeal No. 06-7332
Tech Air Site Plan - Seeking area variances of Section 240-37 for reauests lA throul!h 5E and Section 240-97 for
variance 6F of District Zoning Regulations for HO (Highway Office) Zoning.
lA- Where a lot area of one acre is reauired. the applicant is proposing a lot area of .51 of an acre. thus reauestinl! a
variance of .49 acre.
2B-Where a lot width of 150 feet is reauired. the applicant is proposing a lot width of 87 feet for a pre-existinl!
condition. thus reauestinl! a variance of 63 feet.
3C-Where a front yard setback of 50 feet is reauired alonl! Smithtown Road. the applicant is proposing a front yard
setback of 5 feet for the corner of the proposed buildinl! from the property line. thus reauestinl! a variance of 45
feet.
4D:Where 50 feet is reauired on a corner lot for a side yard setback eaual in depth of the front vard setback. the
applicant is proposing a side vard setback of 15 feet from the Route 9 side of the property. thus reauestinl! a
variance of 35 feet. The proposed building is to be located 15 feet from the side property line that runs along Route 9.
5E- Where a side yard setback of 10 feet is reauired. the applicant is proposing a side yard setback of 5 feet for the
proposed buildinl! from the property line. thus reauestinl! a variance of 5 feet.
6F- Where 21 parkinl! spaces are reauired for retail business includinl! offices and storal!e. the applicant is
proposing 11 vehicle spaces includinl! 1 Handicap Space. thus reauestinl! a variance of 10 parkinl! spaces.
The property is located at 1123 Route 9 ( Corner of Smithtown Road and Route 9) and is identified as Tax Grid No.
6157-04-671026 in the Town of Wappinger.
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Public Hearings:
Appeal No. 07-7334
John O'DonneIl- Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District.
-Where a front vard setback of 50 feet is reauired. the applicant is proposinl! a front vard setback of 40 feet. to
allow for a single family dwelling, thus reauestinl! a variance of 10 feet.
The property is located at 6 Whites Corner Lane and is identified as Tax Grid No. 6257-04-936302 in the Town of
Wappinger. (ReDublishiml for a Public Hearinfl on February 13. 2007.)
Appeal No. 07-7335
Elias Leyba- Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District.
-Where a front vard setback of 75 feet is reauired. the applicant is proposinl! a front vard setback of 52 feet. to
allow for a 19' X 6' enclosed front porch, thus reauestinl! a variance of23 feet.
The property is located at 65 New Hackensack Road and is identified as Tax Grid No. 6158-02-614557 in the Town
of Wappinger.
Discussions:
Appeal No. 07-7336
Barbara Chase & Crail! Kunaschk- Seeking an area variance 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 proposinl! a side yard setback of 10
feet, to allow for a 30 X 28 foot detached garage with electric, thus reauestinl! a variance of 10 feet.
-Where the code states...in no case shall Accessory Structures be nermitted in the front yard the
applicant requests a variance for a detached garage in his front yard.
The property is located at 22 Snook Hill Road and is identified as Tax Grid No. 6157-02-956905 in the
Town of Wappinger.
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Town of Wappinger
Zoning Board of Appeals
MINUTES
Town of Wappinger
Zoning Board of Appeals
January 23, 2007
Summarized Minutes
Members:
Mr. Fanuele,
Ms. McEvoy-Riley
Mr. Warren,
Mr. DellaCorte,
Members Absent:
Mr. Prager,
Others Present:
Mrs. Lukianoff,
Mrs. Roberti,
Mr. Caviglia
Page I
Minutes of Januar/DJ' ~o~ IF If
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member
Member
Member
Vice-Chairman
Zoning Administrator
Secretary
Special Counsel
SUMMARY
Adiourned Public Hearine:s:
Tech Air Site Plan
Public Hearine:s:
John O'Donnell
Elias Leyba
Discussions:
Chase & Kunaschk
-Adjourned to February 13,2007.
-Public Hearing on February 13,2007.
-Variance Granted.
- Public Hearing on February 13,2007.
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Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of January 23,2007
Mr. Warren:
Mr. DellaCorte:
Vote:
Motion to approve the minutes for October 24, 2006.
Second the motion.
All present voted aye.
Mr. Warren:
Mr. DellaCorte:
Vote:
Motion to approve the minutes for November 14,2006.
Second the motion.
All present voted aye.
Appeal No. 06-7332
Tech Air Site Plan - Seeking area variances of Section 240-37 for requests lA throue:h
5E and Section 240-97 for variance 6F of District Zoning Regulations for HO (Highway
Office) Zoning.
lA-Where a lot area of one acre is required, the applicant is proposing a lot area of .51
of an acre. thus reQuestine: a variance of .49 acre.
2B- Where a lot width of 150 feet is required, the applicant is proposing a lot width of
87 feet for a pre-existine: condition. thus reQuestine: a variance of 63 feet.
3C- Where a front yard setback of 50 feet is required alone: Smithtown Road, the
applicant is proposing a front yard setback of 5 feet for the corner of the proposed
buildine: from the Dropertv line. thus reQuestine: a variance of 45 feet.
4D: Where 50 feet is required on a corner lot for a side yard setback equal in depth
of the front yard setback. the applicant is proposing a side yard setback of 15 feet
from the Route 9 side of the propertv. thus reQuestine: a variance of 35 feet. The
proposed building is to be located 15 feet from the side property line that runs along
Route 9.
5E-Where a side yard setback of 10 feet is required, the applicant is proposing a side
yard setback of 5 feet for the proposed buildine: from the property line. thus
reQuestine: a variance of 5 feet.
6F- Where 21 parkine: spaces are required for retail business includine: offices and
storae:e. the applicant is proposing 11 vehicle spaces includine:l Handicap Space, thus
reQuestine: a variance of 10 parkine: spaces.
The property is located at 1123 Route 9 (Corner of Smith town Road and Route 9) and
is identified as Tax Grid No. 6157-04-671026 in the Town of Wappinger.
Mr. Warren:
Mr. DellaCorte:
Vote:
Motion to open the adjourned public hearing.
Second the motion.
All present voted aye.
Mr. Fanuele: Motion to adjourn the public hearing to February 13,2007.
Ms. McEvoy-Riley: Second the motion.
V ote: All present voted aye.
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Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of January 23,2007
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Appeal No. 07-7334
John O'Donnell- Seeking an area variance of Section 240-37 of District Regulations in
an R-40 Zoning District.
_ Where a front yard setback of 50 feet is required, the applicant is proposine: a front
yard setback of 40 feet. to allow for a single family dwelling, thus requestine: a
variance of 10 feet.
The property is located at 6 Whites Corner Lane and is identified as Tax Grid No.
6257-04-936302 in the Town of Wappinger. (Reoublishin!! for a Public Hearinf! on
Februarv 13.2007.)
Applicant failed to send out the mailings. Public Hearing to be held on February 13,
2007.
Appeal No. 07-7335
Elias Levba- Seeking an area variance of Section 240-37 of District Regulations in an R-
20 Zoning District.
_ Where a front yard setback of 75 feet is required, the applicant is proposine: a front
yard setback of 52 feet. to allow for a 19' X 6' enclosed front porch, thus reQuestine: a
variance of 23 feet.
The property is located at 65 New Hackensack Road and is identified as Tax Grid No.
\..... 6158-02-614557 in the Town of Wappinger.
Ms. McEvoy-Riley: Motion to open the public hearing.
Mr. DellaCorte: Second the motion.
Vote: All present voted aye.
Mr. Fanuele:
Are the mailings in order?
Mrs. Roberti:
Yes.
Mr. Leyba:
I want to increase the size of my living room because my house is
very small. The porch was there and I want to enlarge the living
room into it. I went out just another two feet to make a new
foundation so it would be strong.
Mr. Fanuele:
Board members? Anyone in the audience with a comment?
Hearing none.
Mr. Warren:
Mr. DellaCorte:
Vote:
Motion to close the public hearing.
Second the motion.
All present voted aye.
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Town of Wappinger
Zoning Board of Appeals
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Ms. McEvoy-Riley:
Mr. Warren;
Roll Call:
Minutes of January 23, 2007
Motion to grant the variance. I don't see an adverse change
for the neighborhood or any environmental impacts. He is
using existing space and for just the two additional feet it is not
substantial and it really is not self-created.
Second the motion.
Ms. McEvoy-Riley: Aye.
Mr. Warren: Aye.
Mr. DellaCorte: Aye.
Mr. Fanuele: Aye.
Appeal No. 07-7336
Barbara Chase & Crail! Kunaschk- Seeking an area variance of Section 240-37 of
District Regulations in an R-20 Zoning District.
_ Where a side yard setback of 20 feet is required, the applicant is proposinl! a side
yard setback of 10 feet. to allow for a 30 X 28 foot detached garage with electric, !!!!!!
reQuestinl! a variance of 10 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 22 Spook Hill Road and is identified as Tax Grid No. 6157-
~ 02-956905 in the Town of Wappinger.
Mr. Kunaschk:
Mr. Fanuele:
Mr. Kunaschk:
Mr. DellaCorte:
Mr. Kunaschk:
Mr. Warren:
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My house was built in 1938 and it originally had the driveway
going out to Myers Comers Road. My current front was the rear
yard back then. When property that belonged to this house was
sold between the house and Myers, the rear of the house became
the front and the driveway then went out to Spook Hill Road. The
property is a weird shape and is at least 300 feet from the road.
You really can't even see my home from the road so the garage
will barely be visible either.
I see you are quite a ways in from the road.
Yes I am.
Can you show us where Myers is in relation to your house?
( Went up to the board with pictures.) This group of homes
between us and Myers was an Apple Orchard years ago and was
sold to developers.
Let's do a site visit on January 27th, 2007.
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Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of January 23,2007
Mr. Mrs. Lukianoff: This may have been fronted on Myers at one time but the code
applies to what is in use at the present.
Mr. Fanuele:
We'll come out and look and your public hearing we will set for
February 13,2007.
Mr. Kunaschk:
Thank you.
Ms. McEvoy-Riley: Motion to adjourn.
Mr. Warren: Second the motion.
Vote: All present voted aye.
Meeting ended at 8: 10 PM
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ara Roberti, Secret y
/ Secretary - Zoning Board of Appeals