2009-12-8
Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of December 8, 2009
MINUTES
Town of Wappinger
Zoning Board of Appeals
December 8, 2009
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. Prager,
Mr. McVeigh,
Ms. McEvoy-Riley,
Mr. Casella,
Mr. DellaCorte,
Chairman
Member
Member
Member
Vice-Chairman
Others Present:
Mrs. Lukianoff,
Mrs. Roberti,
Zoning Administrator
Secretary
SUMMARY
Public Hearines:
Wendy Smart
-Variance granted.
Robert & Christine Taylor
- Variance granted.
Town of Wappinger
Zoning Board of Appeals
Mr. Casella:
Ms. McEvoy-Riley:
Vote:
Mr. Casella:
Ms. McEvoy-Riley:
Vote:
Mr. Casella:
Ms. McEvoy-Riley:
Vote:
Page 2
Minutes of December 8, 2009
Motion to approve the minutes for October 27,2009.
Second the motion.
All present voted aye.
Motion to approve the minutes for November 10,2009.
Second the motion.
All present voted aye.
Motion to approve the minutes for November 24, 2009.
Second the motion.
All present voted aye.
Appeal No. 09-7412
Wendv Smart - Seeking an area variance of Section 240-37 of District Regulations in an
R-80 Zoning District.
- Where a side yard setback of 40 feet is reauired, the applicant is proposine a side
yard setback of 4 feet. to allow for an existing pavilion, thus reauestine a variance of
36 feet.
The property is located at 191 River Road and is identified as Tax Grid No. 6056-01-
241913 in the Town of Wappinger.
Mr. Prager:
Mrs. Roberti:
Mr. DellaCorte:
Mr. Casella:
Vote:
Mr. Smart:
Mr. Prager:
Mr. DellaCorte:
Mr. Smart:
Mr. DellaCorte:
Are the mailings in order?
Yes they are.
Motion to open the public hearing.
Second the motion
All present voted aye.
We reside at 2780 Route 9D but we own 191 River Road. We are
trying to bring our property into compliance and we need a
variance for the pavilion which has been there for over 20 years.
We did a site visit a week ago out there.
Is that the DEP on the other side of your fence?
Yes. It is called Shaft 6 and they are doing a major construction
job there. The fence is theirs.
Barbara was the DEP notified of this variance application?
. '
Town of Wappinger
Zoning Board of Appeals
Mrs. Roberti:
Mr. McVeigh:
Mr. Prager:
Page 3
Minutes of December 8, 2009
Yes they were.
They also drive onto the DEP property for part oftheir driveway
with a lease agreement. The fence is very high and the river is on
the other side so there are no other residents near the pavilion.
Is there anyone in the audience with a comment? Hearing none.
Ms. McEvoy-Riley: Motion to close the public hearing.
Mr. DellaCorte: Second the motion
V ote: All present voted aye.
Mr. McVeigh:
Ms. McEvoy-Riley:
ZBA Roll Call:
Mr. Prager:
Mr. Smart:
Motion to grant the variance. This will not produce an
undesirable change to the neighborhood and you can't see it
from other properties. There will be no detrimental or
environmental change and it is substantial and self-created.
Second the motion
Mr. McVeigh:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Mr. Casella:
Mr. Prager:
Aye.
Aye.
Aye.
Abstained.
Aye.
Is the fence going to come down at some point?
The first phase is for five years but then there is another phase
scheduled. The project engineer feels this will be at least another ten
to fifteen year project.
Appeal No. 09-7413-
Robert & Christine Tavlor -Seeking an area variance of Section 240-37 of District
Zoning Regulations for R-20 Zoning.
- Where a rear vard setback of 40 feet is reauired, the applicant is proposine: a rear
vard setback of 13 feet. to allow for an existing 24 ft. above ground pool, thus
reauestine: a variance of 27 feet.
The property is located at 20 Daisv Lane and is identified as Tax Grid No. 6158-02-
882913 in the Town of Wappinger.
Mr. Prager:
Mrs. Roberti:
Are the mailings in order?
Yes they are.
Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of December 8, 2009
Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Motion to open the public hearing.
Second the motion
All present voted aye.
Mr. Taylor:
I am asking for a variance for our pool because I don't have 40 ft.
in the rear. We put up our pool 2 or 3 years ago and we don't have
enough room. The pool was installed without a permit but we filed
the next week and we were denied and then time just went by.
Mr. Prager:
Who installed the pool?
Mr. Taylor:
I'm not sure now.
Mr. Prager:
The board has done a site visit.
Mr. Casella:
Why did you wait three years to legalize this?
Mr. Taylor:
I just didn't have the money.
Mr. McVeigh:
Al his property borders the Airport property.
Mr. DellaCorte:
I'm unclear of the time line here.
Mr. Taylor:
When the first permit expired we didn't file again until this year.
Mr. DellaCorte:
You really don't have much property back there. I don't have a
problem with this.
Ms> McEvoy-Riley: I have no issues.
Mr. Casella:
Did you talk to your neighbors about this?
Mr. Taylor:
They all have pools themselves.
Mr. Prager:
Is there anyone in the audience with a comment? Hearing none.
Ms. McEvoy-Riley: Motion to close the public hearing.
Mr. DellaCorte: Second the motion
V ote: All present voted aye.
Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of December 8, 2009
Mr. DellaCorte:
Motion to grant the variance. This cannot be achieved by
other means. This will not cause any detriment to nearby
properties and any environmental affects. It is self-created and
substantial.
Second the motion
Mr. McVeigh: Aye.
Ms. McEvoy-Riley: Aye.
Mr. DellaCorte: Aye.
Mr. Casella: Aye.
Mr. Prager: Aye.
Mr. McVeigh:
ZBA Roll Call:
Mr. Taylor:
Thank you.
Mr. Prager:
Read e-mail into the record from Chris Colsey
TO: Howard Prager, ZBA Chair
As you know, there are costs associated with the Zoning Board oj Appeals process to include
the time oj the attornry in attendance and public hearing notices, not to include the stipend for
the Board and the administrative support.
In an effort to minimize the expense to the taxpqyer at large, it is requested that your Board
determine the appropriateness oj either establishing an escrow account for each Applicant to
cover the professional fees and advertising costs, or supporting an increase to the application fee
commensurate with the expenses.
Again, the purpose oj this proposal is to ensure the costs associated with a site specific variance
are assumed try the Applicant(s) gaining the benefit, not the taxpqyer at large.
Discussion took place as to whether or not an attorney need be
present at every meeting or just on an as need basis. Years ago an
attorney only came to a meeting when needed.
Recommendation from the ZBA: There should be a small
increase on residential variances and a much larger increase on
commercial variances. An attorney is not needed for each meeting
but should be available to the board when necessary. Escrow can
be taken on a case by case basis. Two meetings a month should
remain. All members were in agreement and a letter should be
sent to the town board with these comments.
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Town of Wappinger
Zoning Board of Appeals
Page 6
Minutes of December 8, 2009
Mr. Prager:
We have asked that a letter go to the town board in favor of
Jennifer being re-appointed.
Mrs. Roberti:
That letter was sent to the town board on November 30,2009.
Mr. Casella:
Mr. DellaCorte:
Vote:
Motion to adjourn.
Second the motion
All present voted aye.
Meeting ended at 8:05 PM
Respectfully Submitted,
Barbara Roberti, Secretary
Zoning Board of Appeals