2009-9-8
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Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of September 8, 2009
MINUTES
Town of Wappinger
Zoning Board of Appeals
Septem ber 8, 2009
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. Prager,
Ms. McEvoy-Riley,
Mr. DellaCorte,
Mr. Casella,
Chairman
Member
Vice-Chairman
Member
Member Absent:
Mr. McVeigh,
Member
Others Present:
Ms. Cobb,
Mrs. Roberti,
Acting Town Attorney
Secretary
SUMMARY
Public Hearine:
Giancarlo & Louisa Del Treste -Variance granted.
Stephen & Jennifer Schmidt -Granted two variances.
Scott & Robin Hartley -Variance granted with a condition.
Discussion:
Kevin & Chris Gallagher
-Public Hearing on September 22, 2009.
Town of Wappinger
Zoning Board of Appeals
Mr. Casella:
Ms. McEvoy-Riley:
Vote:
Mr. Casella:
Ms. McEvoy-Riley:
Vote:
Page 2
Minutes of September 8, 2009
Motion to approve the minutes for July 28, 2009.
Second the motion.
All present voted aye.
Motion to approve the minutes for August 11, 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 vard setback of 15 feet is reauired, the applicant is proposine: a side vard
setback of 10' 8" inches. to allow for a 24' X 16' lower deck at ground level, thus reauestine: 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.
Mr. Prager:
Mrs. Roberti:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Mrs. Del Treste:
Mr. Prager:
Mr. Casella:
Ms. McEvoy-Riley:
Vote:
Are the mailings in order?
Yes they are.
Motion to open the public hearing.
Second the motion
All present voted aye.
We need 15 ft. to the side in order for us to keep our new deck that
is low to the ground. I couldn't move it because our septic is on
the other side.
We did a site visit and the deck is very well made. Is there anyone
in the audience with a question or comment? Hearing none.
Motion to close the public hearing.
Second the motion
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
Mr. Casella:
Ms. McEvoy-Riley:
ZBA Roll Call:
Mrs. Del Treste:
Page 3
Minutes of September 8, 2009
Motion to grant the variance. This will not produce an
undesirable change to the neighborhood. The variance is not
substantial and is self-created. It will not produce an adverse
change to the environment and there might be another feasible
method but it is already there.
Second the motion
Ms. McEvoy-Riley:
Mr. DellaCorte:
Mr. Casella:
Mr. Prager:
Aye.
Aye.
Aye.
Aye.
Thank you.
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 reauired, the applicant is proposin!! a side yard
setback of9 feet. to allow for a 12' X 26' living room/family room, thus reauestin!! a variance
of 6 feet.
_ Where a front yard setback of 35 feet is reauired, the applicant is proposin!! a front yard
setback of 29 feet. to allow for a 6' X 18' covered front porch, thus reauestin!! a variance of 6
feet.
The property is located at 88 Ardmore Drive and is identified as Tax Grid No. 6257-03-317468
in the Town of Wappinger.
Present:
Mr. Prager:
Mrs. Roberti:
Mr. DellaCorte:
Mr. Casella:
Vote:
Mr. Cappelli:
Mr. Prager:
Al Cappelli
- Architect
Are the mailings in order?
Yes they are.
Motion to open the public hearing.
Second the motion
All present voted aye.
We showed you drawings at the last meeting. We had three
versions but found the one submitted to be the best one and also
the version that required the smallest variance. Explained the
addition for the public.
On the east side it is grown up well with brush and woods. Is there
anyone in the audience with a question or comment? Hearing
none.
Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of September 8, 2009
Ms. McEvoy-Riley: Motion to close the public hearing.
Mr. DellaCorte: Second the motion
V ote: All present voted aye.
Mr. DellaCorte:
ZBA Roll Call:
Motion to grant the two variances. This will not cause an
undesirable affect or adverse environmental hardship on the
neighborhood. This will be an improvement and it is self-
created.
Second the motion
Ms. McEvoy-Riley:
Mr. DellaCorte:
Mr. Casella:
Mr. Prager:
Aye.
Aye.
Aye.
Aye.
Ms. McEvoy-Riley:
Mr. Cappelli:
Thank you.
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 kee in of horses in a residential district rovided!h!!
not less than two acres are available for each animal, the applicant is proposinl! to keep a
horse and a ponv on 2.25 acres, thus reauestinl! a variance of 1.75 acres for the additional
horse.
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. Prager:
Are the mailings in order?
Mrs. Roberti:
Yes they are.
Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Motion to open the public hearing.
Second the motion
All present voted aye.
Mr. Hartley:
I applied for a permit for a horse shed. We have a horse and a
pony and we need a variance because we do not have enough land.
Mr. Prager:
How old is the pony?
Mr. Hartley:
Around 27 or 28 years old.
..
Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of September 8, 2009
Ms. McEvoy-Riley: Can we put a condition on this that ifthe horse or pony dies it
cannot be replaced?
Ms. Cobb: Yes but tie it to the land.
Mr. Casella:
Ms. McEvoy-Riley:
Vote:
Ms. McEvoy-Riley:
Mr. DellaCorte:
ZBA Roll Call:
Discussion took place regarding the condition.
Motion to close the public hearing.
Second the motion
All present voted aye.
Motion to grant the variance. This will not cause an adverse
environmental condition nor a change to the character of the
neighborhood. This is not substantial but is self created. We
place the condition that if one of the animals passes away that
this property reverts back to 2 acre zoning for each farm
animal.
Second the motion
Ms. McEvoy-Riley: Aye.
Mr. DellaCorte: Aye.
Mr. Casella: Aye.
Mr. Prager: Aye.
Appeal No. 09-7410
Kevin & Chris Galla!!:her _ Seeking an area variance of Section 240-37 of District Regulations
in an R-40 Zoning District.
-Where a side vard setback of 75 feet is reauired, the applicant is proposin!!: a side yard
setback of 55 feet. to allow for a proposed addition, thus reauestin!!: a variance of 20 feet.
The property is located at 1 Tarvl Court and is identified as Tax Grid No. 6358-01-058523 in
the Town of Wappinger.
Present:
Mr. Cappelli:
Mr. Casella:
Mr. Cappelli:
Ai Cappelli - Architect
This is on the corner of Myers Corners Road and Taryl Court.
There is a deck that takes up almost the entire area where the
addition will be. Mrs. Gallagher's mother has cancer and will be
coming to live with them.
Will you be taking down the deck?
Yes and then adding one back.
.
Town of Wappinger
Zoning Board of Appeals
Page 6
Minutes of September 8, 2009
Mr. Cappelli went up to the dais to explain the addition to the
board
Mr. Prager:
Please have Tania investigate when 75 ft. on the county road
became effective. We will set September 1 ih for your site visit
and your public hearing will be September 22, 2009.
Ms. McEvoy-Riley: Motion to adjourn.
Mr. DellaCorte: Second the motion
Vote: All present voted aye.
Meeting ended at 8:10 PM
Respectfully Submitted,
Barbara Roberti, Secretary
Zoning Board of Appeals