2012-05-22
Town of Wappinger Zoning Board of Appeals
MEETING DATE: May 22, 2012
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
(Revised 5/22/2012 9:00am)
Approve Minutes for April 26, 2012
Approve Minutes for May 8, 2012
Public Hearing:
Appeal No. 12-7462- Jennifer Natkiel is seeking a variance of Section 240-37 of District
Zoning Regulations for R-40/80 Zoning District.
- Where a side yard setback of 40 feet is required, the applicant is proposinsz a side yard
setback of 5.6 feet. to allow for the construction of a 12' x 36' deck in rear yard with a 3' x 4'
small deck addition to the existing side porch, thus requestinsz a variance of 34.4 feet inches.
The property is located at 9 Hamilton Road and is identified as Tax Grid No. 6057-02-989893
in the Town ofWappinszer.
Appeal No. 12-7463- Maurice Roche and Patricia Roche is seeking a variance of Section 240-
37 of District Zoning Regulation for R-20 Zoning District
- Where the side yard setback of 20 feet is required, the applicant is proposing a side yard
setback of 14.9 feet, to allow the construction of an 18 X 18 deck in the side yard, thus
requesting a variance of 5.1 feet.
The property is located at 25 Dara Lane and is identified as Tax Grid No. 6257-01-054756 in
the Town of Wappinszer.
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Town of Wappinger
Zoning Board of Appeals
May 22,2012
MINUTES
Town of Wappinger
Zoning Board of Appeals
May 22, 2012
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. Prager
Mr. Della Corte
Mr. Casella
Mr. Johnston
Mr. Gaiotti
Chainnan
Member - Absent
Member
Member
Member
Others Present:
Mrs. Roberti
Mrs. Rose
Zoning Administrator
Secretary
SUMMARY
Public Hearing-Variance Granted
Jennifer Natkiel
Maurice Roache and Patricia Roche
Public Hearing- Variance Granted
Mr. Prager:
I would like to call the Town of Wappinger Zoning Board of Appeals to
order. Roll call please
Mrs. Rose:
Howard Prager-----Here
Tom Dellacorte-----Absent
Al Casella-----------Here
Bob Johnston-------Here
Peter Galotti--------Here
Barbara Roberti----Here
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T own of Wappinger
Zoning Board of Appeals
May 22,2012
Mr. Prager:
First on the agenda is the acceptance of the minutes from April 26th and
May 8th. Do I have a motion to accept these minutes?
Mr. Casella:
I make a motion to accept the minutes.
Mr. Johnston:
I second the motion.
Mr. Prager:
All in favor?
Board:
Aye.
Public Hearing:
Mr. Prager:
The second item on the agenda is a Public Hearing on
Anpeal No. 12-7462- Jennifer Natkiel is seeking a variance of Section 240-37 of
District Zoning Regulations for R-40/80 Zoning District.
_ Where a side yard setback of 40 feet is reu uired, the applicant is prOnOSiDl! a side yard
setback of 5.6 feet. to allow for the construction of a 12' x 36' deck in rear yard with a 3' x 4'
small deck addition to the existing side porch, thus reuuestin!! a variance of 34.4 feet inches.
The property is located at 9 Hamilton Road and is identified as Tax Grid No. 6057-02-989893
in the Town of Wappin!!er.
Mr. Prager:
Sue are all the mailing in order?
Mrs. Rose:
Yes sir.
Mr. Prager:
Can I have a motion to open the public hearing?
Mr. Casella:
I make a motion to open the public hearing.
Mr. Johnston:
I second it.
Mr. Prager:
All in favor?
Board:
Aye
Mr. Prager:
For the record, please state your name and what you are looking for.
Mr. Natkiel:
My name is Rex Natkiel and I am here to apply for a variance for a deck.
Mr. Prager:
Let the record show that we did do a site visit.
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Town of Wappinger
Zoning Board of Appeals
May 22,2012
Mr. Prager:
Does anyone on the board have any questions?
Mr. Prager:
Let the record show there is no one in the audience for or against.
Mr. Prager:
I would like to ask for a motion to close the public hearing.
Mr. Johnston:
I make a motion to close the public hearing.
Mr. Casella:
I second the motion.
Mr. Prager:
All in favor.
Board:
Aye.
Mr. Prager:
Can I have a motion to grant or deny this variance.
Mr. Johnston:
I make a motion to grant this variance. Mr. Johnston continues to
explain how this will not have an impact.
Mr. Casella:
I second that.
Mr. Prager:
Can I have a roll call vote?
Mr. Della Corte:
Absent.
Mr. Johnston:
Yes.
Mr. Gaiotti:
Yes.
Mr. Casella:
Yes.
Mr. Prager:
Yes.
Mr. Prager:
The variance has been granted and will be filed in five days.
Mr. Prager:
The next item on tonight's agenda is public hearing for Maurice & Patricia
Roche.
Aooeal No. 12-7463- Maurice Roche and Patricia Roche is seeking a variance of Section 240-
37 of District Zoning Regulation for R-20 Zoning District
_ Where the side vard setback of 20 feet is required, the applicant is proposing a side yard
setback of 14.9 feet, to allow the construction of an 18 X 18 deck in the side yard, thus
requesting a variance of 5.1 feet.
The property is located at 25 Dara Lane and is identified as Tax Grid No. 6257-01-054756 in
the Town of Waooin2:er.
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Town of Wappinger
Zoning Board of Appeals
May 22, 2012
Mr. Prager:
Sue are all the mailing in order?
Mrs. Rose:
Yes sir.
Mr. Prager:
Do I have a motion to open the public hearing?
Mr. Casella:
I make a motion to open the public hearing.
Mr. Johnston:
I second the motion.
Mr. Prager:
All in favor?
Board:
Aye.
Mr. Prager:
For the record, please state your name.
Mr. Roche:
Maurice Roche
Mr. Prager:
Please explain what you would like.
Mr. Roche:
I would like to put on a 18 x 18 deck on my house and I need a variance.
Mr. Prager:
We did do a site visit and it was very clearly marked.
Mr. Prager:
Does anyone else have any questions?
Mr. Prager:
Let the record show there is no one for or against this variance in the
audience.
Mr. Prager:
Do I have a motion to close the public hearing
Mr. Casella:
I make a motion to close the public hearing.
Mr. Johnston:
I second the motion.
Mr. Prager:
All in favor.
Board:
Aye
Mr. Prager:
Do I have a motion to grant or deny this variance?
Mr. Casella:
I make a motion to grant the variance. Mr. Casella continues the
reasons why this will not be an impact.
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Town of Wappinger
Zoning Board of Appeals
Mr. Gaiotti:
Mr. Prager:
Mr. Della Corte:
Mr. Johnston:
Mr. Gaiotti:
Mr. Casella:
Mr. Prager:
Mr. Prager:
Mrs. Robelii:
Mr. Casella:
Mrs. Roberti:
Mr. Casella:
May 22, 2012
I second the motion.
Roll call vote.
Absent.
Yes
Yes
Yes
Yes
The variance has been granted and will be filed in 5 days.
I would like to speak to you about Reed Swenson. They were at the
planning board meeting last night. Their original engineers closed their
doors and didn't notify any of their clients and when Mr. Swenson went
up to pay them he couldn't get maps or plans or anything. Mr. Swenson
then had to look for new engineers for his subdivision. He now has Mr.
Olsen as his attorney and just hired Berger Engineering. They
have fallen on their sword a few times with Daisy Lane to you guys and
the planning board. He wanted to know why those houses where aloud to
be so close. I went looking and got a copy of their subdivision. It was
done in 1962 which pre dates zoning so it's a mood point and I'll bring it
up to the planning board. They can't keep bringing that up. The planning
board thought they may lose lots anyway because their storm water pond
is on the adjoining lot that Mr. Swenson own but is in an H/O zone which
is in a commercial zone. It came down that they didn't want to give them a
recommendation because they don't know if they are going to give them
those two lots away. If they lose the two lots, they will have the extra
25 feet. They did a roll call vote and it went down 5 to 2. So you are not
getting anything from them. I just wanted to make you aware of this
because they are on the agenda for June 26th.
What does he have for us that suggests to us to approve his 10 parcel lot?
He's looking for something because just 500 feet away they are 30 feet off
the road but if you go down New I-Iackensack further there are homes
there from 1930 that are close to the road. I don't think they know how
old that subdivision is. They are using that thinking the town gave them a
subdivision that close why not me. I will be faxing them this information
so they will know they don't have this as an argument.
So other than that, what do they have?
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Town of Wappinger
Zoning Board of Appeals
Mrs Robelii:
Mr. Gaiotti:
Mrs. Roberti:
Mr. Prager:
Mrs. Rose:
Mrs. Roberti:
Mr. Prager:
Mrs. Robelii:
Mr. Casella:
Mrs. Roberti:
Mr. Casella:
Mrs. Robelii:
May 22,2012
They don't have anything but honestly people come for variances with
certain setbacks and hoping that at some point they will be able to keep the
basin in the other lot. If that's the case they would like to get the whole 10
lots. Mr. Swenson was here last night and said all he wants to do is keep
his fam1 going.
Before he sees us, will he know ifhe needs to reconfigure the storm basin?
No because this engineering firm just got going. The only thing you might
be able to hang your hat on and I will look into this and report back to you
the first meeting in June. lfthe plaIming board hasn't concluded SEQRA
you can't give your decision. They can come on June 261h and they can
throw their best pitch and you can say thank you we will take this under
advisement and the town will get back to you after SEQRA is concluded
at the planning board.
This is still under discussion not a public hearing?
This is a discussion.
The planning board has not had a public hearing either so they're
nowhere. They don't even have preliminary approval.
Even if we approved it, SEQRA is done, and they go ahead and say they
can't use those lots. Then it's null and void even if we gave them the
approval.
If they lost two lots in the back for the pond they would probably get the
25 feet to move both houses with or without the variance.
So why won't we have the decision on the pond first before we make the
decision.
You're going to pretty much have to because ofSEQRA.
So why bother coming forth on the 26th unless they have to.
r think they wanted to know if they got those lots set maybe they could do
something and only loose one lot in the back because they already gained
those 50 feet between the two lots in the front. The other thing that came
up, the gentleman from Berger, he read the code differently. The way
the code reads, if you're on a comer, you have two fronts so you have to
meet the setbacks. In this case it's not two town roads; it's a town road
and a county road. The county has a much bigger setbacks so we differ to
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Town of Wappinger
Zoning Board of Appeals
May 22, 2012
that. He's trying to say last night we were always able to choose our back
yard and I really didn't know where he was going with this except that ifit
was your home and you wanted to put a pool in sometime your side yard
say has 80 feet and the back yard only has 40 feet as long as you don't
have a structure other than your house the way zoning has been here we
allowed you to pick your back yard one time. It makes sense you don't
need a variance to pick for the pool or the shed. The side is your rear and
your rear is your side and this follows through your property forever
more if you go to put up a deck or shed.
Mr. Casella:
Does this apply to all the properties?
Mrs. Robetii:
Only corner lots because corner lots don't have two sides and a rear and a
front, they have two fronts, one side and a rear.
Mr. Johnston:
The plmming board made no recommendations.
Mrs. Roberti:
There was a motion by Ms. Visconti.
Mr. Casella:
Didn't we ask them to make a ruling?
Mr. Prager:
They're really holding it up.
Mrs. Roberti:
You sent a letter.
Mr. Casella:
We asked for a ruling for why they sent it to us.
Mrs. Roberti:
They didn't send it to you they came on their own. Anyone is entitled to
come before you and ask for a relief of the code. He needs to have a public
hearing. You're not even close to rendering a decision. Now that SEQRA
is involved you can't render a decision.
Mr. Casella:
So it will be another discussion again.
Mr. Prager:
Yes.
Mrs. Robelii:
If the lawyer pushes it, you could have a public hearing and get that all out
of the way but you can't render a decision.
Mr. Casella:
We can have a discussion but they can't ask for that night a decision.
Mrs. Roberti:
You can't because you haven't had a public hearing.
Mr. Casella:
So we'll listen to them again.
Mrs. Roberti:
I'll make sure that I have it all written out for you as far as SEQRA so if
7
Town of Wappinger
Zoning Board of Appeals
May 22, 2012
they get you to agree and you don't realize it. It just happened last night
so I wanted to make you aware of everything going on.
Mr. Prager:
We haven't heard from the gentleman on 9D?
Mrs. Rose:
I spoke to him on Monday to remind him that he would not be on the
agenda because the time line was not received.
Mr. Prager:
We shouldn't have put him on the agenda because we wanted time to
reVIew.
Mrs. Rose:
I called him on Thursday and he said I'll be in tomorrow. Monday came
around I still had nothing. I spoke to Barbara and called Jim Horan for
his advice. He said take him off of the agenda. I called Mr. Crawford back
and explained why he was taken off the agenda. I eXRlained to Mr.
Crawford that he was being rescheduled for June 26t and we needed that
time line so the board can review it. I explained that the time line needed
to be submitted no later than June 4th. I also explained his non compliance
is not setting well with the board or the courts.
Mr. Prager:
That is the other thing, now that's he's here nothing happens in the courts.
Mrs. Roberti:
That is what is exactly happening.
Mr. Johnston:
How long can he prolong this?
Mrs. Roberti:
We talked about it and Jim was going to look into it. He may be better off
going for an interpretation then he would have to put in a different
application but it would be nice ifhe came forth with something. I-Ie has a
court date on June I ih and I going to talk to the attorney to tell him he has
30 or 60 days to get in here to get something moving and shaking or he is
going to trail.
Mr. Prager:
I think we have to do something. Anything else coming up.
Mrs. Roberti:
I have a lot of people I denied.
Mr. Casella:
Does 228 Myers have to come to us again? I know they're moving there
driveway.
Mrs. Robe11i:
They're lining up their driveway with DeGarmo just in case there is a light
in their future.
Mr. Prager:
That's a dangerous driveway.
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Town of Wappinger
Zoning Board of Appeals
May 22, 2012
Mrs. Roberti:
There are no variances for that but there might be for the sign. The sign
they were going to leave because it was preexisting and nonconforming
but now they had to move it for the driveway. The other thing is they
have to give an easement for cross access possibly with Pete's because if
something happens down the road. Weare starting to do that. With the
Mobil Mini Mart down here on Route 9 and Myers, we are having them
file a cross access easement which would take it to the Hannaford Plaza so
if they ever wanted to meet that easement then the gas station could have
an entrance into the back of the parking lot for flow. We are trying to do
this on certain projects.
Mrs. Rose:
Do you do the site visit for Dara Lane.
Mr. Prager:
Yes, but I don't know about Tom.
Mr. Prager:
Can I have a motion to adjourn?
Mr. Gaiotti:
I make a motion to adjourn.
Mr. Johnston:
I second.
Mr. Prager:
All in favor?
Board:
Aye.
Respectfully Submitted,
Sue Rose, Secretary
Zoning Board of Appeals
9