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2009-6-9 T ~wn of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals June 9, 2009 Summarized Minutes Members: Mr. Prager, Mr. DellaCorte, Mr. Casella, Mr. McVeigh, Member Absent: Page 1 Minutes of June 9, 2009 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 Adiourned Public Hearine: John Degnan Discussion: Dennis Leahy Stephanie Parrish-Bell Joseph Sabatelli Rocco Valente -Adjourned Public Hearing on June 23, 2009. -Public Hearing on June 23, 2009. - Public Hearing on June 23, 2009. -Public Hearing on June 23, 2009. -Public Hearing on June 23,2009. T~wn of Wappinger Zoning Board of Appeals Page 2 Minutes of June 9, 2009 Appeal No. 09-7399 John Dee:nan - Seeking area variances of Section 240-29(F) of District Zoning Regulations for HD Zoning. _ Where a freestandine: sie:n is allowed no taller than 10 feet in heie:ht the applicant is proposine: a freestandine: sie:n of 14.9 ft. in heie:ht. thus reauestine: a variance of 4.9 ft. _ Where a freestandine: sie:n is allowed 25 sa. ft in area. the applicant is proposine: 56 sa. ft. in area. thus reauestine: a 31 sa. ft. variance for the sie:n size. _ Where a freestandine: sie:n must be 25 ft. from the property line. the applicant is proposine: 10 ft. from the property line. thus reauestine: 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. Prager: Are the mailings in order? Mrs. Roberti: Yes they are. Mr. Casella: Motion to open the public hearing. Mr. DellaCorte: Second the motion V ote: All present voted aye. Mr. Degnan: Mr. Casella: Mr. Degnan: Mr. Casella: Mr. Horan: Mr. Degnan: The reason I need the variances is for three reasons as follows. For the setback my building is very close to Route 9. So in order to get any kind of sign there I would need a variance. My traffic consultant felt a larger sign is safer because the traffic is going very fast past this building. I have 6 tenants of which two of them are on the north facing side of the building and I want to give them some exposure. I did a site visit today and when I was leaving, getting out of the parking lot was difficult. A sign I believe would make that more difficult. Can you move it closer to the building? There is a sidewalk there but I can try. What if I start at the sign at lOft. and move it in from there? That might be better. The DOT usually has a 25 ft. ROW. Yes but my building is only 20 ft. in. . Town of Wappinger Zoning Board of Appeals Page 3 Minutes of June 9, 2009 Mr. Horan: One of the things I see when looking at this sign is that the DOT has large snow plowing trucks and this looks close. What about down here by the lake? Mr. Casella: Would you consider it further south. Since you have the property it might be better. Mr. DellaCorte: I agree with Jim, put it further north. Mr. Horan: Further south allows people more time to slow down and turn in. Mr. McVeigh: How far over then? Mr. Degnan: It won't affect traffic then. Mr. McVeigh: This is also in front ofa telephone pole. Mr. Horan: There may be issues then. Typically telephone poles are in the DOT ROW. I think it is in the applicant's best interest to come back showing his property line and then we can look to see where it can go. Mr. McVeigh: The size is an issue also. Last time you said different sizes for different tenants. Mr. Degnan: The size will be the same for each tenant. Mr. Casella: This will have 5 tenant areas? Mr. Degnan: Actually 6 tenant signs on the pylon. Mr. Casella: I would like 2 different views, one on the north and one on the south side of the property. Mr. Horan: Also submit the DOT information. Mr. Leonard: Michael Leonard. The TB is looking at the sign law at this time. The signs are too small on Route 9. Mr. DellaCorte: Motion to adjourn to June 23, 2009. Mr. Casella: Second the motion V ote: All present voted aye. Page 4 Town of Wappinger Zoning Board of Appeals Minutes of June 9, 2009 Appeal No. 09-7400 Dennis Leahy- 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 15 feet. to allow for a 6' X 28' ramp to a 12' X 44' existing deck, thus reQUestin2 a variance of 5 feet. The property is located at 3 Russet Lane and is identified as Tax Grid No. 6258-04- 541127 in the Town of Wappinger. Mr. Leahy: Mr. Prager: Mr. Leahy: Mr. Prager: Mr. Horan: Mr. Leahy: I built a ramp for my handicapped wife. We didn't want her going down the stairs into dirt and rocks. What is it made out of? Treks. I think we will have a site visit to see this on June 13, 2009 and your PH will be on June 23rd. Please put markers out for your property line. Are there other handicap exits? No. Appeal No. 09-7401 Stephanie Parrish-Bell- Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District. - Where a front yard setback of 35 feet is required, the applicant is proposin2 a front yard setback of 28.5 feet. to allow for a 4' X 21' concrete slab with footings to carry 4' X 4' post wished roof on top, thus reQUestin2 a variance of 6.5 feet. The property is located at 10 Pleasant Lane and is identified as Tax Grid No. 6157-01- 419770 in the Town of Wappinger. Mr. Dienes: Mr. Prager: Mr. Dienes: Mr. Prager: Mr. DellaCorte: I am the contractor for Stephanie Bell. She owns the house with her mother who is quite large and the front is only 3 foot wide and we want to widen it with bluestone and then cover it so that when she gets out of the car she can walk into the house. I'd like to see a sketch. I'm a union carpenter doing Stephanie a favor for her mom. Site visit on June 13th and your PH will be on June 23rd . Please mark this out with something or us. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of June 9, 2009 Appeal No. 09-7402 Joseph Sabatelli- Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a front yard setback of 35 feet is reQuired, the applicant is proposine: a front yard setback of 30 feet. to allow for a 6' X 20' front covered porch, thus reQuestine: a variance of 5 feet. The property is located at 5 Peters Road and is identified as Tax Grid No. 6357-03- 066044 in the Town of Wappinger. Mr. Sabatelli: Mr. DellaCorte: Mr. Sabatelli: Mr. Horan: Mr. Roberti: Mr. Prager: I would like to tear down the existing deck that is rotting and come out 6 feet and extend the roof. The width now is 4' 6". Are you replacing the steps? Yes, everything. Your survey shows 11 '8" from the front property line. The measurements should be changed to reflect that. I will change the legal notices and the application. We will also come out for a site visit on the 13th of June and your PH will also be June 23rd. Appeal No. 09-7403 Rocco Valente- Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District for Patrick & Catherine Moriarty. - Where a side yard setback of 20 feet is reQuired, the applicant is proposine: a side yard setback of 17.5 feet. to allow for a handicap ramp, thus reQuestine: a variance of 2.5 feet. The property is located at 26 Robert Lane and is identified as Tax Grid No. 6158-04- 952129 in the Town of Wappinger. Mr. Valente: Mr. Prager: Mr. Valente: Mr. Horan: I am the builder for the Moriarty's. Pat has terminal cancer so this ramp may be temporary. Along with myself other members of the Elks club will be doing the work on this handicap ramp for Pat. Your site visit will again be June 13th. Do you have a survey we can see? I'm not sure. For the record if the ADA meets zoning the ZA will revisit this denial. Town of Wappinger Zoning Board of Appeals Mr. Prager: Mr. Casella: Mr. DellaCorte: Vote: Mr. DellaCorte: Mr. McVeigh: Vote: Mr. DellaCorte: Mr. Casella: Vote: Page 6 Minutes of June 9, 2009 Your public hearing will be on June 23rd as well. Motion to go into executive session. Second the motion All present voted aye. Motion to come out of executive session. Second the motion All present voted aye. Motion to adjourn. Second the motion All present voted aye. Meeting ended at 8:45 PM Respectfully Submitted, Barbara Roberti, Secretary Zoning Board of Appeals