2009-4-28
Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of April 28, 2009
MINUTES
Town of Wappinger
Zoning Board of Appeals
April 28, 2009
Summarized Minutes
Members:
Mr. Prager,
Mr. DellaCorte,
Mr. Casella,
Mr. McVeigh,
Member Absent:
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Vice-Chairman
Member
Member
Ms. McEvoy-Riley, Member
Others Present:
Mr. Horan,
Mrs. Lukianoff,
Mrs. Roberti,
Town Attorney
Zoning Administrator
Secretary
SUMMARY
Public Hearin!!:
Schumacher/Zaremsky
Angelo Fabrizio
Discussion:
Wanda Rosa
Christian Harkins
-Variance Granted.
- Variance Granted.
-Public Hearing on May 12,2009.
-Public Hearing on May 12, 2009.
Town of Wappinger
Zoning Board of Appeals
Mr. Casella:
Mr. McVeigh:
Vote:
Page 2
Minutes of April 28, 2009
Motion to approve the minutes for April 14, 2009.
Second the motion.
All present voted aye.
Anneal No. 09-7393
Geore:e Schumacher & David Zaremskv- Seeking an area variance of Section 240-37
of District Regulations in an R-40 Zoning District.
- Where a rear yard setback of 50 feet is reauired, the applicant is nronosine: a rear
yard setback of20 feet. to allow for a 15' X 33' above ground pool with attached deck,
thus reauestine: a variance of 30 feet.
- Where a side yard setback of 50 feet is reauired, the applicant is nronosine: a side
yard setback of 40 feet. to allow for a 15' X 33' above ground pool with attached deck,
thus reauestine: a variance of 10 feet.
The property is located at 35 Ketchamtown Road and is identified as Tax Grid No.
6157-03-074459 in the Town of Wappinger.
Mr. Prager:
Mrs. Roberti:
Mr. DellaCorte:
Mr. Casella:
Vote:
Mr. Prager:
Mr. Schumacher:
Mrs. Diaz:
Mr. Prager:
Mr. Casella:
Mr. McVeigh:
Vote:
Mr. Casella:
Mr. McVeigh:
ZBA Roll Call:
Are the mailings in order?
Yes they are.
Motion to open the public hearing.
Second the motion
All present voted aye.
We have done a site visit at your property.
We are a comer lot with a small rear yard. On the right side of my
yard is the septic so this needs to go on the left. Weare enclosed
with a 6 ft. PVC fence as well.
Nancy Diaz, 10 Alfreda Court. We have no issues with this.
Anyone else in the audience? Hearing none.
Motion to close the public hearing.
Second the motion
All present voted aye.
Motion to grant both variances. This will not produce an
undesirable or environmental issue. There is a nice fence there
and I see no other feasible place for the pool. This is self-
created but again the only place for it and it really is not that
substantial.
Second the motion
Mr. McVeigh: Aye.
Town of Wappinger
Zoning Board of Appeals
Mr. DellaCorte: Aye.
Mr. Casella: Aye.
Mr. Prager: Aye.
Mr. Schumacher:
Page 3
Minutes of April 28, 2009
Thank you.
Appeal No. 09-7394
Ane:elo & Man' Ann Fabrizio- Seeking an area variance of Section 240-37 of District
Regulations in an R -40 Zoning District.
- Where a rear yard setback of 50 feet is reauired, the applicant is proposine: a rear
yard setback of 47.5 feet. to allow for the extension of Dining Room 6' X 13' and
extending porch/deck 12' X 25', thus reauestine: a variance of 2.5 feet.
- Where a side yard setback of 25 feet is reauired, the applicant is proposine: a side
yard setback of 14 feet. to allow for the extension of Dining Room 6' X 13' and
extending porch/deck 12' X 25', thus reauestine: a variance of 11 feet.
The property is located at 27 Kendall Drive and is identified as Tax Grid No. 6257-01-
308512 in the Town of Wappinger.
Mr. Prager:
Mrs. Roberti:
Mr. DellaCorte:
Mr. McVeigh:
Vote:
Ms. Niemic:
Mr. Prager:
Mr. DellaCorte:
Mr. Casella:
Vote:
Mr. McVeigh:
Mr. DellaCorte:
ZBA Roll Call:
Are the mailings in order?
Yes they are.
Motion to open the public hearing.
Second the motion
All present voted aye.
I represent the owners for our business. Weare proposing an
addition for the dining room and a deck. We need 2.5 ft. to the
rear yard and 11 ft. variance to the side yard.
We did a site visit at this property as well and we can understand
some of the problems with the topography there. Is there anyone
in the audience with a comment? Hearing none.
Motion to close the public hearing.
Second the motion
All present voted aye.
Motion to grant both variances. This will not produce an
undesirable change to the neighborhood. They are not
substantial and there really is not another place for this
although this is self-created.
Second the motion.
Mr. McVeigh:
Mr. DellaCorte:
Mr. Casella:
Mr. Prager:
Aye.
Aye.
Aye.
Aye.
Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of April 28, 2009
Ms. Niemic:
Thank you.
Appeal No. 09-7395
Wanda Rosa- Seeking an area variance of Section 240-37 of District Regulations in an
R -10 Zoning District.
- Where a rear yard setback of 25 feet is reauired, the applicant is proposin2 a rear
yard setback of 22.7 feet. to allow for 16' X 12" open deck, thus reauestin2 a variance
of 2.3 feet.
The property is located at 1 Oneida Lane and is identified as Tax Grid No. 6157-03-
477442 in the Town of Wappinger.
Mr. Rubino:
We want a deck for our enjoyment. We have woods behind us and
have water problems back there so we need a dry place to sit.
Mr. Prager:
Do you have a survey?
Mrs. Roberti:
It's attached to the application.
Mr. McVeigh:
Layout the deck for us when we come there.
Mr. Prager:
There is a stonewall in the rear. Is the shed ok?
Mrs. Lukianoff:
Yes, the shed meets the setbacks.
Mr. DellaCorte:
Is this in Indian Village?
Mrs. Rosa:
Yes.
Mr. Prager:
We will set your site visit for Saturday and your public hearing for
May 1ih, 2009. Please mark out the footprint of the deck.
Mrs. Rosa:
Thank you.
Appeal No. 09-7396
Laurie & Christian Harkins- Seeking an area variance of Section 240-37 of District
Regulations in an R-20 Zoning District.
- Where a side vard setback of 20 feet is reauired, the applicant is proposin2 a side
yard setback of 10 feet. to allow for a 20' X 28' rear addition, thus reauestin2 a
variance of 10 feet.
The property is located at 20 Doyle Drive and is identified as Tax Grid No. 6257-02-
839577 in the Town of Wappinger.
Mr. Harkens:
We are looking for a family room addition. We live in
Rockingham and our house was built on rock on a hill. If we move
Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of April 28, 2009
this toward the middle of the house we would lose a door and the
window in the kitchen as well as a poured concrete patio.
Mr. Casella:
This is a unique place to put this. So you're trying to keep the
patio?
Mr. Harkins:
Yes. I have about 40 ft. of flat land then it slopes upward.
Mr. Horan:
How close are you to your neighbor?
Mr. Harkins:
About 30 ft. to the garage.
Mr. Horan:
Is there a fence?
Mr. Harkins:
Yes. It is 4 ft. high chain link and belongs to my neighbor.
Mr. Prager:
We will schedule your site visit for Saturday and you public
hearing for May lih, 2009. Do you talk to that neighbor?
Mr. Harkins:
Yes and he's ok with this. Thank you.
Mr. Horan:
Just for your information. When holding a public hearing a
quorum is not necessary. You can open it and then hold it over as
an adjourned public hearing.
Mr. DellaCorte:
Mr. Casella:
Vote:
Motion to adjourn.
Second the motion
All present voted aye.
Meeting ended at 8:25 PM
Respectfully Submitted,
Barbara Roberti, Secretary
Zoning Board of Appeals