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2009-6-23 . . Town of Wappinger Zoning Board of Appeals Page 1 Minutes of June 23, 2009 MINUTES Town of Wappinger Zoning Board of Appeals June 23, 2009 Town Hall 20 Middlebush Road Wappinger Falls, NY Summarized Minutes Members: Mr. Prager, Mr. DellaCorte, Mr. Casella, Mr. McVeigh, Ms. McEvoy-Riley, Chairman Vice-Chairman Member Member Member Others Present: Mr. Horan, Mrs. Lukianoff, Mrs. Roberti, Town Attorney Zoning Administrator Secretary SUMMARY Adiourned Public Hearin!!: John Degnan -All Three Variances Granted. Public Hearin!!: Dennis Leahy -Variance Granted. Stephanie Parrish-Bell -Variance Granted. Joseph Sabatelli - Variance Granted. Rocco Valente . - Variance Granted. Discussion: J on Degnan/Quick Cash -Public hearing on July 14,2009. Town of Wappinger Zoning Board of Appeals Page 2 Minutes of June 23, 2009 Mr. Casella: Mr. McVeigh: Vote: Motion to approve the minutes for May 26, 2009. Second the motion. All present voted aye. 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 reQuestine: a variance of 4.9 ft. - Where a freestandine: sie:n is allowed 25 SQ. ft in area. the applicant is proposine: 56 SQ. ft. in area. thus reQuestine: a 31 SQ. 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 reQuestine: 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. Casella: Mr. DellaCorte: Vote: Motion to open the adjourned public hearing. Second the motion All present voted aye. Mr. Degnan: The last time I was here you asked me to show the sign on the south side and what it would look like. I have provided both pictures to code and what I propose. I can't move it south or the trees cover it, so I show it 10 feet from the property line. Mr. Prager: I'm assuming the large sign is 56 sq. ft. (Yes.) Is Lumber Liq. necessary on this? Mr. Prager: Yes, as my largest tenant he insists and even wanted more sign than this. Mr. Casella: How many tenants are there? Mr. Degnan: There are 5. Mr. Casella: Do you have any empty space? Mr. Degnan: No. All 20,000 sq. ft. is now rented. Mr. DellaCorte: So you are hoping for the larger sign? Mr. Degnan: Yes. Town of Wappinger Zoning Board of Appeals Mr. McVeigh: Mrs. Lukianoff: Mr. Prager: Mr. Casella: Ms. McEvoy-Riley: Vote: Mr. Horan: Mr. Degnan: Mr. Horan: Mr. Prager: Mr. McVeigh: Mr. Degnan: Mr. DellaCorte: Mr. Casella: ZBA Roll Call: Mr. Prager: Page 3 Minutes of June 23, 2009 Are all the signs on the building legal? Yes. Is there anyone in the audience with a question or comment? Hearing none. Motion to close the public hearing. Second the motion. All responded aye. Did you bring the DOT approval? No I forgot but the Welcome to Wappinger sign is 3 feet off the road. I had my engineer out there when I measured the setback. Further south on Route 9 there seems to be more property. The DOT already took property for the third lane. For the record we are all sure of the property line now. So the sign will be the same size just 5 tenants instead of six? Correct. Motion to grant the variance for a height of 14'9". There doesn't seem to be another way to achieve this and a smaller sign won't really help since this is Route 9. This is substantial but it will not cause an undesirable change or adverse environmental condition and this is self-created. Second the motion Mr. McVeigh: Aye. Ms. McEvoy-Riley: Aye. Mr. Casella: Aye. Mr. DellaCorte: Aye. Mr. Prager: Nay. F or the record in October 1996 Alpine Commons received a variance for a much larger sign for BJ's and Stop n Shop. This was appeal number 1227 and where the code stated 25 sq. ft. the variance was granted for 96 sq. ft. Town of Wappinger Zoning Board of Appeals Mr. McVeigh: Mr. DellaCorte: ZBA Roll Call: Mr. DellaCorte: Ms. McEvoy-Riley: ZBA Roll Call: Mrs. Roberti: Mr. Degnan: Page 4 Minutes of June 23, 2009 Motion to grant the variance for size in the amount of 56 sq. ft. This is self-created and will hold no more than 6 tenant signs. This is substantial but far enough off the road where you need something this big and there are no other means to achieve this. Second the motion Mr. McVeigh: Ms. McEvoy-Riley: Mr. Casella: Mr. DellaCorte: Mr. Prager: Aye. Aye. Aye. Aye. Nay. Motion to grant the sign being placed 10 feet from the property line where the code states 25 feet. The benefit cannot be achieved because of the nature of the property. This is substantial but the property was shortened by the DOT. This will not be undesirable and this will not cause any physical or adverse environmental changes to the neighborhood and this is self-created. Second the motion Mr. McVeigh: Ms. McEvoy-Riley: Mr. Casella: Mr. DellaCorte: Mr. Prager: Aye. Aye. Aye. Aye. Nay. All three variances carry by a roll call vote of 4 to 1. Thank you. Appeal No. 09-7404 John Dee:nan - Seeking area variances of Section 240-29(F)(1 )(D) of District Zoning Regulations for HD Zoning. - Where a maximum signage of 50 sq. ft. is allowed on the north side of the building and where the maximum has already been met, the applicant can provide 0 space, thus reQuestine: a variance of 24 SQ. ft. for an additional sie:n for Ouick Cash. The property is located at 1708 Route 9 and is identified as Tax Grid No. 6158-02- 543530 in the Town of Wappinger. Mr. Degnan: Mr. Prager: Mrs. Lukianoff: I would like a sign on the north side of this same building for Quick Cash. There are already 2 signs that use up our allowance. This side of the building cannot be seen from Route 9 when heading north. Tania if there is a sign on the door, does that count? Yes it counts. There was a prior mix-up with the Nuts tenant. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of June 23, 2009 Ms. McEvoy-Riley: Is the rental space signs coming down? Mr. Degnan; Yes they are down already. Mr. Prager: Are you requesting two signs? Mr. Degnan: No just one 25 sq. ft. sign over the door to Quick Cash. Mr. Horan: Is there a limit to the number of signs? Mrs. Lukianoff: No just the size total. Mr. Horan: So this is just a variance request for the total sq. ft. of signage on the north side of the building? Mr. Degnan: Yes. Mr. Prager: So he has 50 sq. ft. now and you want an additional 25 sq. ft.? (Correct.) I need to have a list of the total number of signs on the building and their individual sizes and placement for the next meeting. Your public hearing will be July 14th. Mr. Degnan: Thank you. Anneal No. 09-7400 Dennis Leahv- 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 nronosin2 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. Prager: Are the mailings in order? Mrs. Roberti: Yes they are. Mr. Casella: Ms. McEvoy-Riley: Vote: Motion to open the public hearing. Second the motion All present voted aye. Mr. Leahy: I've extended my deck on the side and the rear for my wife's convenience as she is handicapped. Town of Wappinger Zoning Board of Appeals Mr. DellaCorte: Mr. Leahy: Mr. Prager: Mrs. GutsIer: Mr. Prager: Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Mr. Casella: Ms. McEvoy-Riley: Mr. Horan: ZBA Roll Call: Mr. Leahy: Page 6 Minutes of June 23, 2009 So this is a handicapped ramp? Yes. Is there anyone in the audience with a comment? Barbara Gutzler, 5 Russet lane. I hope that you grant this variance. These are the best neighbors and we are the next door neighbors and this won't inconvenience us at all. Anyone else? Hearing none. Motion to close the public hearing. Second the motion All present voted aye. Motion to grant the variance. It is already in existence today. It is not an undesirable change and there are no adverse impacts associated with it. It is not substantial and is self- created. Second the motion. The condition on the variance is that if the ramp is removed the variance will terminate. Mr. McVeigh: Aye. Ms. McEvoy-Riley: Aye. Mr. Casella: Aye. Mr. DellaCorte: Aye. Mr. Prager: Aye. Thank you. 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 vard setback of 35 feet is reauired, the applicant is proposine: a front vard 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 reauestine: 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. Casella: Ms. McEvoy-Riley: Vote: Motion to open the public hearing. Second the motion All present voted aye. . . Town of Wappinger Zoning Board of Appeals Mr. Dienes: Mr. Casella: Mr. Dienes: Mr. Prager: Mr. DellaCorte: Mr. Casella: Vote: Mr. McVeigh: Ms. McEvoy-Riley: ZBA Roll Call: Page 7 Minutes of June 23, 2009 I represent Stephanie Bell as her friend and contractor. We would like a 4 foot slab with a shed roof to go out to the driveway. This will enable her mother to walk from the house to the car with coverage. I went there yesterday and it didn't look like you needed the variance according to the outline. The front yard setback is 35 feet and she only has 28.5 feet now. Is there anyone in the audience with a question? Hearing none. Motion to close the public hearing. Second the motion All present voted aye. I make a motion to grant the variance. This is not substantial and there is no other means to achieve this. This will not be undesirable and will create no impacts and it is self-created. Second the motion Mr. McVeigh: Aye. Ms. McEvoy-Riley: Aye. Mr. Casella: Aye. Mr. DellaCorte: Aye. Mr. Prager: Aye. 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 vard setback of 35 feet is reQuired, the applicant is proposine: a front vard 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. Prager: Mrs. Roberti: Mr. DellaCorte: Mr. Casella: Vote: Are the mailings in order? Yes they are. Motion to open the public hearing. Second the motion All present voted aye. . . Town of Wappinger Zoning Board of Appeals Mr. Sabatelli: Mr. Prager: Mr. Sabatelli: Mr. Prager: Mr. Casella: Mr. DellaCorte: Vote: Ms. McEvoy-Riley: Mr. Casella: ZBA Roll Call: Page 8 Minutes of June 23, 2009 Weare doing renovations to our home in the front. We would like to add a covered porch. Are you also doing the steps? Yes. Is there anyone in the audience with a question? Hearing none. Motion to close the public hearing. Second the motion All present voted aye. Motion to grant the variance. There is no other way to do this and it will not cause an undesirable change in the neighborhood. It is really not substantial and it is self- created. Second the motion Mr. McVeigh: Ms. McEvoy-Riley: Mr. Casella: Mr. DellaCorte: Mr. Prager: Aye. Aye. Aye. Aye. Aye. 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 vard setback of 20 feet is reauired, the applicant is proposine: a side vard setback of 17.5 feet. to allow for a handicap ramp, thus reauestine: 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. Prager: Mrs. Roberti: Mr. DellaCorte: Mr. Casella: Vote: Mr. Valente: Are the mailings in order? Yes they are. Motion to open the public hearing. Second the motion All present voted aye. I need a 2.5 ft. variance to build a handicap ramp. I am the builder and this variance amounts to only a 12.5% variance. Town' of Wappinger Zoning Board of Appeals Page 9 Minutes of June 23, 2009 Mr. Casella: When I spoke with the owners they said they were building off of here. (Showed map.) Ijust want clarification from you. Mr. Valente: The stoop is to be raised and the ramp will go out 24 feet and then come back due to the rise. Mr. Prager: Is there anyone in the audience with a comment. Mr. Brown: Earl Brown, Robert Lane. We live next door to the Moriarty's. I think you should allow the ramp. Pat is old and ill and has always been a good neighbor. Mr. Prager: Thank you. Are there any other comments? Hearing none. Ms. McEvoy-Riley: Mr. Casella: Vote: Motion to close the public hearing. Second the motion All present voted aye. Mr. Casella: Motion to grant the variance. This is not substantial and this is needed. There are no other means to achieve this and will not cause any adverse environmental change. This is self- created but the neighbor's have no concerns. I will second this with the same condition as the first one, that if the ramp is removed this variance terminates. Mr. McVeigh: Aye. Ms. McEvoy-Riley: Aye. Mr. Casella: Aye. Mr. DellaCorte: Aye. Mr. Prager: Aye. Mr. DellaCorte: ZBA Roll Call: Ms. McEvoy-Riley: Motion to adjourn. Mr. DellaCorte: Second the motion Vote: All present voted aye. Meeting ended at 8:25 PM Respectfully Submitted, Barbara Roberti, Secretary Zoning Board of Appeals