2009-5-12
Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of May 12, 2009
MINUTES
Town of Wappinger
Zoning Board of Appeals
May 12,2009
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. Prager,
Ms. McEvoy-Riley,
Mr. Casella,
Mr. McVeigh,
Chairman
Member
Member
Member
Member Absent:
Mr. DellaCorte,
Vice-Chairman
Others Present:
Mr. Horan,
Mrs. Lukianoff,
Mrs. Roberti,
Town Attorney
Zoning Administrator
Secretary
SUMMARY
Public Hearine:
Christian Harkins
- Variance Granted with condition.
Discussion:
Jeffrey & Nicole Rufino -Public Hearing on May 26,2009.
Angel & Kathleen Avila -Public Hearing on May 26,2009.
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Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of May 12,2009
Mr. Casella:
Mr. McVeigh:
Vote:
Motion to approve the minutes for April 28, 2009.
Second the motion.
All present voted aye.
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 proposine: a side
vard setback of 10 feet. to allow for a 20' X 28' rear addition, thus reauestine: a
variance of 10 feet.
The property is located at 20 Dovle Drive and is identified as Tax Grid No. 6257-02-
839577 in the Town of Wappinger.
Mr. Prager:
Are the mailings in order?
Mrs. Roberti:
Yes they are.
Ms. McEvoy-Riley: Motion to open the public hearing.
Mr. Casella: Second the motion
Vote: All present voted aye.
Mr. Harkins: We are requesting a side yard variance for a 20' X 20" addition
with a tail. We would like to save our patio and the kitchen
window.
Mr. Prager: We have done a site visit at your home over the last two weeks. Is
there anyone in the audience with a comment? Hearing none. I
see your side yard has shrubs or trees, will they stay?
Mr. Harkins: The shrubs will probably come out.
Mr. Prager: Being in the fire department I worry ifthere is a big tree if you
have a fire.
Mr. Harkins: There's drainage work there and we would like to make sure the
drainage flows past the house. So we are going to try and dig a
swale next to the addition to get the water from the back of the
house to move past it.
Ms. McEvoy-Riley: That is a beautiful patio but I am concerned about the neighbor. If
I lived there I would be concerned.
Mr. Harkins: He's here tonight and said he wasn't concerned.
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Town of Wappinger
Zoning Board of Appeals
Mr. Poraggio:
Mr. Horan:
Mr. Poraggio:
Mr. McVeigh:
Mr. Harkins:
Mr. Prager:
Mr. Harkins:
Mr. Prager:
Mr. Harkins:
Page 3
Minutes of May 12,2009
John Poraggio, 18 Doyle Drive. We spoke about it and I don't
have a problem with it. We are going to work on the drainage and
he agreed to change the peak.
Whose fence is that?
I have the fence and the landscaping so it's no problem for me.
How high is the addition?
It will be the same roof line as the existing house.
Looking at the back, can you move this another foot or so?
Not without disturbing the patio.
It really looks a little tight and the future neighbors may have a
problem with it.
I guess we could make it 19' X 20'.
Ms. McEvoy-Riley: Motion to close the public hearing.
Mr. McVeigh: Second the motion
Vote: All present voted aye.
Mr. Casella:
Mr. Horan:
Mr. Casella:
I think people would probably be more satisfied if they had the
extra foot or two foot rather than this close. Can we put a
condition in Jim?
Certainly. What the law says is that the minimum variance that
you deem appropriate under the circumstances. The variance
requested is ten foot and to that extent you can grant a 9 foot or
even 8 foot variance. Also with respect to the neighbor, the parties
have agreed to address the drainage issues and I think that it would
be an appropriate condition on the variance as well. You would
put that in as a condition in the event the owners of the property
change, you would have on record that the variance is conditioned
upon clearing up the drainage issue.
I will make a motion to grant this with the exception that
instead of a 10 foot variance, we grant a nine foot variance.
Also a stipulation that the drainage issues between the two
properties be corrected. This is not an undesirable change,
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Town of Wappinger
Zoning Board of Appeals
Mr. McVeigh:
ZBA Roll Call:
Mr. Harkins:
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Minutes of May 12,2009
although it is big and close to the neighbor's property. To put
this in another foot or so is not un-feasible. I don't think there
is any other place to put this although it is substantial and self-
created. So my motion is for a 9' variance with the condition
of clearing up the drainage issues.
Second the motion
Mr. McVeigh:
Ms. McEvoy-Riley:
Mr. Casella:
Mr. Prager:
Aye.
Aye.
Aye.
Aye.
Thank you.
Appeal No. 09-7397
Jeffrey & Nicole Rufino- 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 of20 feet. to allow for 24' X 15' AG pool, thus reQuestine: a variance of
20 feet.
The property is located at 10 Carroll Drive and is identified as Tax Grid No. 6257-02-
923602 in the Town of Wappinger.
Mr. Rufino:
Mr. Prager:
Mr. Rufino:
Mr. Prager:
Mr. Rufino:
I would like to install a 24' X 15' pool and I only have 20 feet in the
rear after the pool. The rear of my property slopes on an angle. My
property is very uneven and the only other place would be right on
top of my house.
What is the reason that you can't move this to the rear of the house?
Because the property slopes.
We will come out and do a site visit on May 16th and we'll set your
public hearing for May 26th, 2009.
I have a fence and I will drop off a copy of my survey. Thank you.
Appeal No. 09-7398
Ane:el & Kathleen Avila- 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 proposine: a side
yard setback of 10 feet. to allow for a 12' X 28' garage with electric, thus reQuestine: a
variance of 10 feet.
The property is located at 8 Wendy Road and is identified as Tax Grid No. 6258-01-
038704 in the Town of Wappinger.
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Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of May 12, 2009
Mr. Avila:
I would like to build another garage to store my show car. Because
of the shape of my driveway I need the variance. If I would move it
over 10 feet more it will be behind the house.
Mr. Prager:
How far from the house would it be?
Mr. Avila:
10 to 12 feet from the house and I wouldn't be able to get into it.
Discussion took place at the dais.
Mr. Prager:
We will come out for a site inspection this Saturday, May 16th and
we will set your public hearing for May 26th. Mark out your
property line and the area where the garage will be.
Mr. Avila:
Thank you.
Mr. McVeigh:
Mr. Casella:
Vote:
Motion to adjourn.
Second the motion
All present voted aye.
Meeting ended at 8:10 PM
Respectfully Submitted,
Barbara Roberti, Secretary
Zoning Board of Appeals