2009-8-25
Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of August 25, 2009
MINUTES
Town of Wappinger
Zoning Board of Appeals
August 25, 2009
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. Prager,
Mr. McVeigh,
Ms. McEvoy-Riley,
Mr. DellaCorte,
Mr. Casella,
Chairman
Member
Member
Vice-Chairman
Member
Others Present:
Mr. Horan,
Mrs. Lukianoff,
Mrs. Roberti,
Town Attorney
Zoning Administrator
Secretary
SUMMARY
Public Hearine:
Robert and Mary Clarke
-Adjourned Public Hearing to September
22, 2009.
Discussion:
Giancarlo & Louisa Del Treste -Public Hearing on September 8, 2009.
Stephen & Jennifer Schmidt -Public Hearing on September 8,2009.
Scott & Robin Hartley -Public Hearing on September 8, 2009.
Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of August 25, 2009
Anneal 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 yard setback of 40 feet is required, the applicant is nronosinl! a rear yard
setback of 4 feet. to allow for an existing 21 ft. AG pool, thus reQuestinl! 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. 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
V ote: All present voted aye.
Mr. Clarke:
I need a variance for my pool which has always been there. We
brought the house with a pool and replaced it a few years ago
because it was old. When we went to install it we found parts were
missing. We went back to the store and they had no more 18 ft.
pools so they gave us a 21 ft. pool instead. This was almost a year
before my neighbor moved in.
Mr. Prager:
I understand you had a CO for the pool so I assume you are talking
about an additional 1 to 2 ft. more.
Mr. Clarke:
Yes so a total of 4 to 5 ft.
Mr. Prager:
What was your setback before?
Mr. Clarke:
It is wide enough for the lawnmower. The new neighbor did a
survey and found that my fence is a few inches over the property
line and then I moved it.
Mr. DellaCorte:
What's going on with the neighbor?
Mr. Clarke:
We had been good friends at one time. He has two dogs and
because our kids are small I put the fence back up. The old one
was taken down because it was in disrepair. Our problems started
because I was over a few inches. I did put the fence back in the
same place as the old one.
Mr. Prager:
Is there anyone in the audience with a comment?
Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of August 25, 2009
Mr. Rivera:
Huberto Rivera, 80 Chelsea Road. I believe the problem is that the
fence is on my property. I came to town for help and they couldn't
help me so then I went after the pool.
Mr. Casella:
The issue here is the pool and not the fence.
Mr. Prager:
We went out for a site inspection for the record. Is there anyone
else in the audience with a comment?
Mr. McVeigh:
Mr. Rivera, was the pool there when you bought your house.
Mr. Rivera:
Yes but attached to the deck.
Mr. Horan:
May I see your survey?
Mr. Rivera:
Proceeded to explain survey to the board.
Mr. Clarke:
The surveyor put up pink flags and we went by those flags. We
put up the fence before the survey. But then moved sections of the
fence to follow the survey.
Mr. Horan:
How did you come up with your measurements?
Mr. Clarke:
We measured from the back of the pool to within a foot of the
fence.
Mr. Rivera:
If you went out and walked along the fence that's my property.
Mr. Prager:
Mr. Clarke you will need a survey since he is saying that the fence
is on his property. You have to show us that your fence is indeed
on your property.
Mr. Clarke:
So I need to hire someone now?
Mr. Prager:
Yes or take down the fence. So there is not much we can do
without knowing for sure where your property line is.
Mr. Horan:
We need the distance from the edge of the pool to the property
line.
Discussion continued regarding a survey.
Mr. DellaCorte:
This variance is only for the pool. We will adjourn this for one
month so you can get a survey of the line.
Town of Wappinger
Zoning Board of Appeals
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Page 4
Minutes of August 25, 2009
Motion to adjourn the public hearing until; September 22,
2009.
Second the motion
All present voted aye.
Appeal No. 09-7407
Giancarlo & Louisa Del Treste - Seeking an area variance of Section 240-37 of District
Regulations in an R-15 Zoning District.
_ Where a side yard setback of 15 feet is required, the applicant is proposin!! a side yard
setback of 10' 8" inches. to allow for a 24' X 16' lower deck at ground level, thus reQuestin!! a
variance of 4' 4" inches.
The property is located at 16 Barbara Drive and is identified as Tax Grid No. 6158-02-818880
in the Town of Wappinger.
Mrs. DelTreste:
Mr. Prager:
Mrs. DelTreste:
Mr. Prager:
We had a broken patio and it would take at least an hour to clean it.
We decided to build a low deck on the ground and maybe a second
deck in the future. When I went for the permit I thought I only
needed 10 feet on all the sides. I have grandkids that run out over
my septic all the time.
This looks like it lines up with the house.
Yes it does. The fence line is in my property and I have more land
on the other side of the fence. When we had applied for the permit
we had built the foundation then Sal came out and said we needed
bolts and told my husband "good luck." My husband thought that
meant go ahead and build it.
We will do a site visit on August 29, 2009 and set your public
hearing for September 8th, 2009.
Appeal No. 09-7408
Stephen & Jennifer Schmidt - Seeking an area variance of Section 240-37 of District
Regulations in an R-15 Zoning District.
_ Where a side yard setback of 15 feet is required, the applicant is proposin!! a side yard
setback of9 feet. to allow for a 12' X 26' living room/family room, thus reQuestin!! a variance
of 6 feet.
-Where a front yard setback of 35 feet is required, the applicant is proposin!! a front vard
setback of29 feet. to allow for a 6' X 18' covered front porch, thus reQuestin!! a variance of6
feet.
The property is located at 88 Ardmore Drive and is identified as Tax Grid No. 6257-03-317468
in the Town of Wappinger.
Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of August 25, 2009
Present:
Al Cappelli
- Architect
Mr. Cappelli:
This is a typical split level that my client is looking to expand in order to
have more room. They want to add a living room and a covered front
porch.
Ms. McEvoy-Riley:
What about going deeper and narrow?
Mr. Cappelli:
Went up to the dais to explain the plans to the ZBA.
Mr. Prager:
We will also do a site visit on August 29,2009 at this location and
set your public hearing for September 8th, 2009.
Appeal No. 09-7409
Scott & Robin Hartley - Seeking an area variance of Section 240-37 of District Regulations in
an R-40 Zoning District.
-Where Section 240-37 allows for the keepine: of horses in a residential district provided that
not less than two acres are available for each animal, the applicant is proposine: to keep a
horse and a pony on 2.25 acres, thus reauestine: a variance of 1.75 acres for the additional
!ll!m:
The property is located at 35 St. Nicholas Road and is identified as Tax Grid No. 6258-01-
239941 in the Town of Wappinger.
Mr. Hartley:
We have a pony that belongs to my daughter for six years now. He is a
30 year old horse and we live right next door to the gun club.
Ms. McEvoy-Riley:
How did this come about?
Mr. Hartley:
I came in for a shed permit for the two horses so that they would have
their own home.
Mr. McVeigh:
So you have owned the two horses for over five years?
Mr. Hartley:
Yes.
Mr. Prager:
We will do a site visit on August 29,2009 and set your public
hearing for September 8th, 2009.
Mrs. Roberti:
I have a question regarding Strang and Degnan site plans in regard
to the closed public hearings.
Mr. Horan:
The clock has stopped until the PB decides SEQRA.
T own of Wappinger
Zoning Board of Appeals
Ms. McEvoy-Riley: Motion to adjourn.
Mr. DellaCorte: Second the motion
V ote: All present voted aye.
Meeting ended at 8:30 PM
Page 6
Minutes of August 25, 2009
Respectfully Submitted,
Barbara Roberti, Secretary
Zoning Board of Appeals