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2009-9-22 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of September 22, 2009 MINUTES Town of Wappinger Zoning Board of Appeals September 22, 2009 Town Hall 20 Middlebush Road Wappinger Falls, NY Summarized Minutes Members: Mr. Prager, Ms. McEvoy-Riley, Mr. DellaCorte, Mr. Casella, Mr. McVeigh, Chairman Member Vice-Chairman Member Member Others Present: Mr. Horan, Mrs. Roberti, Town Attorney Secretary SUMMARY Adiourned Public Hearine: Robert and Mary Clarke -Granted variance with a condition. Public Hearine: Kevin & Chris Gallagher -Variance granted. Discussion: Cheryl Hait -Public Hearing on October 13,2009. Town of Wappinger Zoning Board of Appeals Page 2 Minutes of September 22, 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 required, the applicant is proposin!! a rear vard setback of 4 feet. to allow for an existing 21 ft. AG pool, thus requestin!! 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. Ms. McEvoy-Riley: Mr. Casella: Vote: Motion to re-open the public hearing. Second the motion All present voted aye. Mr. Prager: At the last meeting there was some question as to the property line. Mrs. Clarke: Yes. We were told that we had 28 inches to the property from the pool. That is what the surveyor said. Mr. Prager: So you have your fence back up and I noticed the fence is very close to the pool, so you obviously put it on your property. What do you think the distance is between the fence and the pool? Mrs. Clarke: I honestly don't know. Mr. DellaCorte: I did a site visit also and I concur that it is about 28 inches. Mr. Casella: I went yesterday and I think it is about one foot or so from the fence to the pool so I also concur. Mr. Prager: Your husband stated that this pool was put in approximately 2007 and it replaced another pool. (Correct) What happened with the other pool. Mrs. Clarke: When we bought the house with the pool we found it damaged. We didn't know it because it was winter. Mr. Prager: I believe the other pool was a little bit smaller? Mrs. Clarke: Yes. It was 18 ft. round and this one is 21 ft. round. Mr. Prager: Was the pool put back in the exact spot as the old pool? Mrs. Clarke: Not in the exact spot. It is further from the house. The installer said it needed to be moved back because of something underneath that made the other pool leak. We purchased the new pool from Namco and the installer came from Peekskill. We ordered the original new pool and then parts were missing the day of the installation. We needed to get another pool right away. Namco gave us a 21 ft. because they had no 18 ft. pools in stock. Town of Wappinger Zoning Board of Appeals Page 3 Minutes of September 22, 2009 Mr. Prager: Do you have any paperwork that states that. Did they give you anything? Mrs. Clarke: The pool installer wasn't related to any pool company. I have a bill from Namco for the 21 AG pool. Mr. McVeigh: We are trying to clarify this for the record. The bill should say you purchased an 18 ft. pool originally. Mrs. Clarke: The original pool was not from there. We purchased the 18 ft. pool from somewhere else in the winter. When we went to open it the parts were missing so then we had to run and buy a new one from scratch. Namco had only 21 ft. pools in stock. Mr. Prager: Is there anyone in the audience with a question? Hearing none for the record. Mr. Horan: Did the first pool have a variance? Mrs. Roberti: No. Mr. Prager: So primarily it looks like we are going an additional foot and half closer to the property line. Correct? Mrs. Clarke: Yes. Mr. DellaCorte: I saw that the fence has the nice side facing you. I think it should be turned toward you're neighbor. Ms. McEvoy-Riley: So you're saying should we grant this then the fence should be a condition? Mr. DelIaCorte: Yes. Mrs. Clarke: The finished side was facing us when we purchased the house so when we replaced it we replaced it with the same face and in the same way. We didn't do this to insult anybody. Mr. Casella: My only question is, the pool was an 18 ft. You replaced it with an 18 ft. then the installer came and the only thing available was a 21 ft. If you had told me that you went for the 18 ft., and got only the 21 ft. then you really could have gone somewhere else for the pool in an 18 ft. size. Mrs. Clarke: But we had the installer standing in our backyard waiting. Mr. Casella: But it also changes the variances. If it was the same size pool in the same place this would have been very easy to grant. Now we are talking about a bigger pool and now it creates a different problem. Mr. McVeigh: Your pool was installed in 2007 so why did this take 2 years to come up? Town of Wappinger Zoning Board of Appeals Mrs. Clarke: Mr. Rivera: Mrs. Clarke: Mr. Prager: Mr. Horan: Mr. Rivera: Mr. Prager: Page 4 Minutes of September 22, 2009 The fence being put up. Mr. Rivera complained because we put the fence up with the nice side facing us. H. Rivera, 80 Chelsea Road. It wasn't about the fence going up. It was about the fence being on my property. I tried to speak with her husband and it didn't work out. Explained what had occurred I then had to go out and have a survey done. Mr. Rivera purchased his house with my 21 ft. pool already there. I want to know why this is now a problem? You can straighten those things outside of here. Ask Mr. Rivera which side of the fence he wants to see? I don't care. I just wanted the fence off my property. Ok you're happy with the way it is. Anyone else? Hearing none. Ms. McEvoy-Riley: Motion to close the public hearing. Mr. Casella: Second the motion V ote: All present voted aye. Mr. McVeigh: Ms. McEvoy-Riley: ZBA Roll Call: I make a motion to grant the variance. It won't make the neighborhood undesirable. There are other feasible methods and this is very substantial. This is a tough one but the pool was there when the neighbor moved in. The variance won't have an adverse affect on the neighborhood and it is self- created because the pool was made bigger. The property is unique to the neighborhood. A condition is that the fence be maintained on the property for as long as the pool remains. Second the motion Mr. McVeigh: Ms. McEvoy-Riley: Mr. DellaCorte: Mr. Casella: Mr. Prager: Aye. Aye. Aye. Nay. Nay. Appeal No. 09-7410 Kevin & Chris Gallaf!her - Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a front yard setback of 75 feet is reauired, the applicant is proposinf! a front yard setback of 55 feet. to allow for a proposed addition, thus reauestinf! a variance of 20 feet. The property is located at 1 Tarvl Court and is identified as Tax Grid No. 6358-01-058523 10 the Town of Wappinger. Town of Wappinger Zoning Board of Appeals Present: Mr. Prager: Mrs. Roberti: Mr. Casella: Mr. DellaCorte: Vote: Mr. Cappelli: Mr. Prager: Mr. Cappelli: Mr. McVeigh: Mr. Cappelli: Mr. Prager: Mr. Cappelli: Mr. Prager: Mr. Cappelli: Mr. McVeigh: Mr. Cappelli: Mr. Prager: Mr. Cappelli: Mr. Prager: Page 5 Minutes of September 22, 2009 AI Cappelli - Architect Are the mailings in order? Yes they are. Motion to open the public hearing. Second the motion All present voted aye. I represent the owners for this variance. Was there a previous addition on this? No. Is the deck coming down? Yes, and the addition is going there. I slipped the addition in and put stakes there for the outline. How many bedrooms will there be? I'm not sure. Either 3 or 4 bedrooms. I have never been upstairs. Is this another bedroom? No, it will be a family room. Their mother is coming for the last two ears of her life. She is very ill. No kitchen, just one big room. But then what is there should have needed a variance then. I think the law had been changed. If the bedrooms are empty do they need this? The mother cannot climb the stairs. Is there anyone in the audience with a question? Hearing none. Mr. Casella Motion to close the public hearing. Ms. McEvoy-Riley: Second the motion Vote: All present voted aye. . ' Town of Wappinger Zoning Board of Appeals Page 6 Minutes of September 22, 2009 Mr. Horan: I have a question due to formality. This should be front yard setback not side yard setback. Mrs. Roberti: I will change that. Mr. Casella: Motion to grant the variance. This will not produce an undesirable change in the neighborhood. This is self-created but not substantial. Second the motion Mr. McVeigh: Ms. McEvoy-Riley: Mr. DellaCorte: Mr. Casella: Mr. Prager: Aye. Aye. Aye. Nay. Nay. Mr. DellaCorte: ZBA Roll Call: Mr. Prager: For the record we did receive a "matter oflocal concern" from the county. Appeal No. 09-7411 Cheryl Hait - Seeking an area variance of Section 240-37 of District Regulations in an R-40/80 Zoning District. -Where a rear yard setback of 50 feet is reQ uired, the applicant is proposinl! a rear yard setback of 4.3 feet. to allow for a 14' X 23' family room addition, thus reQuestinl! a variance of 45.7 feet. -Where a side yard setback of 40 feet is required, the applicant is proposinl! a side yard setback of 9.2 feet. to allow for a 14' X 23' family room addition, thus reQuestinl! a variance of 30.8 feet. The property is located at 15 Hamilton Road and is identified as Tax Grid No. 6057-02-973912 in the Town of Wappinger. Mrs. Hait: This house was built in the late 1980's. We purchased this in 1994 and we did renovate it. This house is only 4.3 ft. from the rear property line and I have already received a variance for a garage that I built on the opposite side. The house is up high on the side so the elevation is longer since the house is up a bank. I cannot put the addition in the front because of the well and septic and the other side is too small. I would like to build a family room in order to have the grandchildren over. Mr. DellaCorte: You said the rear is not buildable? Mrs. Hait: Correct. It's an empty un-buildable lot. The deck you see on the second floor will be for egress in case of a fire. The stairs in the middle of the house are very small. I have also purchased the building lot next to me and that is also an un-buildable lot. Mr. Prager: We will set your site visit for September 26th, 2009 and your public hearing for October 3,2009. Town of Wappinger Zoning Board of Appeals Page 7 Minutes of September 22, 2009 Mrs. Hait: Thank you. Mr. Prager: We approved a variance for a house with a horse and pony. Then we received a letter from the neighbor regarding animals making noise. I drove by and saw a goat in the front. Could you ask Tania to go out and see how many animals are out there. Mrs. Roberti: I will bring this to her attention. Mr. Prager: What happens if there are more animals? Mr. Horan: They would have to remove them. Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Motion to adjourn. Second the motion All present voted aye. Meeting ended at 8:35 PM Respectfully Submitted, Barbara Roberti, Secretary Zoning Board of Appeals