2009-5-26
Town of Wappinger
Zoning Board of Appeals
MINUTES
Town of Wappinger
Zoning Board of Appeals
May 26, 2009
Summarized Minutes
Members:
Mr. DellaCorte,
Mr. Casella,
Mr. McVeigh,
Page 1
Vice-Chairman
Member
Member
Mr. Prager, Chairman
Ms. McEvoy-Riley, Member
Member Absent:
Others Present:
Mr. Horan,
Mrs. Lukianoff,
Mrs. Roberti,
Minutes of May 26, 2009
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Town Attorney
Zoning Administrator
Secretary
SUMMARY
Public Hearine::
Wanda Rosa
Jeffrey & Nicole Rufino
Angel & Kathleen Avila
Discussion:
John Degnan
-Variance Granted.
- Variance Granted.
-Variance Granted.
-Public Hearing on June 12, 2009.
Page 2
Town of Wappinger
Zoning Board of Appeals
Mr. McVeigh:
Mr. Casella:
Vote:
Minutes of May 26, 2009
Motion to approve the minutes for May 12, 2009.
Second the motion.
All present voted aye.
Appeal No. 09-7397
Jeffrev & 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 reauired, the applicant is proposinf! a rear
yard setback of20 feet. to allow for 24' X 15' AG pool, thus reauestinf! 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. McVeigh:
Mr. Casella:
Vote:
Mr. Rufino:
Mr. DellaCorte:
Mr. Casella:
Mr. McVeigh:
ZBA Roll Call:
Mr. Casella:
Mr. McVeigh:
ZBA Roll Call:
Mr. Rufino:
Motion to open the public hearing.
Second the motion
All present voted aye.
I would like to install a 24' X 15' pool and my property slopes. The
only other place would be right on top of my house.
We all went out for a site visit to see the location. Is there anyone in
the audience with a question? Hearing none.
Motion to close the public hearing.
Second the motion
Mr. McVeigh:
Mr. Casella:
Mr. DellaCorte:
Aye.
Aye.
Aye.
Motion to grant the variance. This is not substantial and
actually this is a great location for the deck. This is self-created
but will neither cause an adverse or environmental affect.
Second the motion
Mr. McVeigh:
Mr. Casella:
Mr. DellaCorte:
Aye.
Aye.
Aye.
Thank you.
Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of May 26, 2009
Appeal No. 09-7398
An2el & 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 proposin2 a side
yard setback of 10 feet. to allow for a 12' X 28' garage with electric, thus reQuestin2 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.
Mr. McVeigh:
Mr. Casella:
Vote:
Mr. Avila:
Mr. Casella:
Mr. Avila:
Mr. McVeigh:
Mr. Casella:
ZBA Roll Call:
Mr. McVeigh:
Mr. Casella:
ZBA Roll Call:
Mr. A vila:
Motion to open the public hearing.
Second the motion
All present voted aye.
I would like to build a garage for my show car that would be 12' X
28'.
You were originally going closer to your neighbor and now you are
not?
Correct.
Motion to close the public hearing.
Second the motion
Mr. McVeigh:
Mr. Casella:
Mr. DellaCorte:
Aye.
Aye.
Aye.
Motion to grant the variance. I see no other way to achieve this.
This will not be undesirable although it is substantial. This is
self-created but again I see no other way.
Second the motion
Mr. McVeigh:
Mr. Casella:
Mr. DellaCorte:
Aye.
Aye.
Aye.
Thank you.
Appeal No. 09-7399
John Del!nan - Seeking area variances of Section 240-29(F) of District Zoning Regulations for
HD Zoning.
-Where a freestandinl! sil!n is allowed no taller than 10 feet in heil!ht the applicant is
proDosinl! a freestandinl! sil!n of 14.9 ft. in heil!ht. thns reauestinl! a variance of 4.9 ft.
- Where a freestandinl! sil!n is allowed 25 sa. ft in area. the applicant is proposinl! 56 sa. ft. in
area. thus reauestinl! a 31 sa. ft. variance for the sil!n size.
Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of May 26, 2009
-Where a freestandin!! si!!n must be 25 ft. from the property line. the applicant is proposing
10 ft. from the property line. thus requestin!! a variance of 15 ft.
The property is located at 1708 Route 9 and is identified as Tax Grid No. 6158-02-543530 in the
Town of Wappinger.
Mr. DellaCorte:
Mr. Degnan:
Mr. McVeigh:
Mr. Degnan:
Mr. McVeigh:
Mr. Degnan:
Mr. McVeigh:
Mr. Degnan:
Mr. DellaCorte:
Mr. Horan:
Mrs. Lukianoff:
Mr. Horan:
Mr. Degnan:
Mr. Horan:
Mr. Degnan:
Mr. Horan:
Mr. Degnan:
Mr. Horan:
Mr. DellaCorte:
Mr. McVeigh:
We received a letter from DC Planning today, do you have a copy?
Yes.
Discussion took place regarding comments made in the DC Planning letter.
Will all the tenants be addressed on the sign?
Yes and we will also be back for a variance for Quick Cash.
Weare trying to keep our signs small.
The Sir Speedy sign in Poughkeepsie is massive.
So you want 6 tenants on this big sign plus their own signs on the building?
Yes.
I recognize a Nutz sign down by the creek.
Tania, with respect to the size, do we count the front and back?
No just one side. We only count both sides for the fee.
The county is questioning the measurement.
It's 7' x 8' for the sign itself which is 56 sq. ft.
So each side is 56 sf and we count only one side. But this does not include
the base or address the size of the lettering.
Each tenant will choose their own lettering.
How did you get to this height?
I'm working with the DOT and they suggested this size to me to slow
down traffic.
Visibility is a trade off then. The speed limit is also a factor and if you
make it smaller it will be harder to read.
I would like to see an artist's rendition of it and where it will be.
I would like a site visit.
Town of Wappinger
Zoning Board of Appeals
Mr. Degnan:
Mr. Horan:
Mr. Degnan:
Mr. DelIaCorte:
Mr. Degnan:
Page 5
Minutes of May 26, 2009
I will paint something and also have a color rendition for you.
Are their any site issues?
No.
We will have a site visit this Saturday and your public hearing will be on
June 9th, 2009.
Thank you.
Appeal No. 09-7395
Wanda Rosa- Seeking an area variance of Section 240-37 of District Regulations in an R-1 0
Zoning District.
- Where a rear vard setback of 25 feet is required, the applicant is proposine a rear vard
setback of22.7 feet. to allow for 16' X 12" open deck, thus reQuestine a variance of2.3 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. McVeigh:
Mr. Casella:
Vote:
Mr. Rubino:
Mr. DellaCorte:
Mr. McVeigh:
Mr. Casella:
Vote:
Mr. McVeigh:
Mr. Casella:
ZBA Roll Call:
Motion to open the public hearing.
Second the motion
All present voted aye.
I am asking for a variance for an open wood deck in our rear yard for
our quiet enjoyment.
We have been out there for a site visit. Are there any questions form
the audience or the board members? Hearing none.
Motion to close the public hearing.
Second the motion
All present voted aye.
Motion to grant the variance. There really is no other place to
put this and this is a minimal variance. It is self-created but
there will be no adverse environmental affects so that these
reasons I motion to grant this.
Second the motion
Mr. McVeigh:
Mr. Casella:
Mr. DellaCorte:
Aye.
Aye.
Aye.
Town of Wappinger
Zoning Board of Appeals
Mr. Casella:
Mr. McVeigh:
Vote:
Motion to adjourn.
Second the motion
All present voted aye.
Meeting ended at 9: 10 PM
Page 6
Minutes of May 26, 2009
Respectfully Submitted,
Barbara Roberti, Secretary
Zoning Board of Appeals