2009-8-11
Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of August 11, 2009
MINUTES
Town of Wappinger
Zoning Board of Appeals
August 11, 2009
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. Prager, Chairman
Mr. McVeigh, Member
Ms. McEvoy-Riley, Member
Member Absent:
Mr. DellaCorte,
Mr. Casella,
Vice-Chairman
Member
Others Present:
Mr. Horan,
Mrs. Lukianoff,
Mrs. Roberti,
Town Attorney
Zoning Administrator
Secretary
SUMMARY
Public Hearine::
Spooge, Inc.
-Granted with condition.
Discussion:
Robert and Mary Clarke
-Public Hearing on August 25,2009.
Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of August 11, 2009
Anneal No. 09-7406
Snoog:e. Inc. _ Seeking area variances of Section 240-37 of District Zoning Regulations for HB
Zoning.
-Where a side yard setback of 10 feet is reauired, the applicant is pronosing: a side yard
setback of 5 feet. to allow for a proposed building for a call center business, thus reauesting: a
variance of 5 feet.
The property is located at 684 Old Route 9N and is identified as Tax Grid No. 6157-02-602780
in the Town of Wappinger.
Mr. Prager:
Mrs. Roberti:
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
Mr. Povall:
Mr. Prager:
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
Ms. McEvoy-Riley:
Mr. Horan:
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.
I am the engineer for the project. We have a small .25 acre parcel with a
small 1,000 sf building on it which is next door to the new green building
on Old Route 9. We are currently before the PB for a new building that
will be twice the size as the existing one. The existing building is now
only 2 feet off of the property line and the new one is proposed 5 feet off
the property line. The lot is only 55 feet wide as it is a very narrow lot
and we need to accommodate the parking and a driveway so we are
requesting a 5 feet variance. Weare not able to obtain the 10 feet that is
required on this lot.
So it's a 5 ft. variance. Any questions from the board? 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. This will not cause an undesirable
change to the neighborhood, I see no other feasible method to
achieve this and this will not cause any adverse impact to the
environment. This property is unique and this is self-created.
It would be appropriate to add the condition that if the site does not
get approval from the PB then this variance does not follow the site.
Second the motion
Mr. McVeigh:
Ms. McEvoy-Riley:
Mr. Prager:
Aye.
Aye.
Aye.
Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of August 11, 2009
Appeal No. 09-7405
Robert & Mary Clarke- Seeking an area variance of Section 240-37 of District Regulations in
an R-20 Zoning District.
-Where a rear vard setback of 40 feet is reauired, the applicant is proposine: a rear vard
setback of 4 feet. to allow for an existing 21 ft. AG pool, thus reauestine: a variance of 36 feet.
The property is located at 2 Thornacres Drive and is identified as Tax Grid No. 6056-03-
239463 in the Town of Wappinger.
Mr. Clarke:
Our pool is up in the existing place that it was when we bought the
house. When we bought a new pool of 18 ft. round they came to install it
and found pieces missing. Namco had no additional 18 ft. round pools in
stock so they gave us a 21 ft. round pool in its place. While installing it
they had to push it back a few feet to make it fit. When Mr. Rivera my
neighbor moved in next door the pool was already there. My wife did
call the town when this happened and the girl there said it was ok, she is
no longer employed there. My neighbor didn't have a problem with the
pool when he moved in. We had a fence there as well.
Mr. McVeigh:
So your pool was there when the neighbor moved in?
Mr. Clarke:
Yes. Actually the old fence belonged to myoid neighbor and it rotted
out and I took it down and cleaned up the property. Now my neighbor
moves in with two dogs, a Rottweiler and a Doberman. I have a little
three year old and we now have the pool and no fence to protect us from
the dogs and now he's going to buy a pool. So because he has the dogs,
the pool and lots of parties we decided to put a fence back up and we put
it on our property. He doesn't like it and now that's what we are dealing
with. Another thing with my property is that you can't get 40 feet from
the back of my house because it runs long and narrow.
Mr. Prager:
We will set a public hearing for August 25th and do a site visit on this
Saturday, August 15th.
Mr. McVeigh:
So the original pool did move then another 3 feet when the larger pool
was put in?
Mr. Clarke:
Yes. We never really knew where the line was. Mr. Rivera had a survey
done and then said the fence was on his property.
Mr. Prager:
How much of your property is past the fence according to you?
Mr. Clarke:
At least one foot.
Mr. Prager:
So we will measure the fence and add one foot.
Mr. Clarke:
Thank you.
Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of August 11, 2009
Meeting ended at 8:00 PM
Respectfully Submitted,
Barbara Roberti, Secretary
Zoning Board of Appeals