2012-07-31
Town of Wappinger Zoning Board of Appeals
MEETING DATE: July 31, 2012
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
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Public Hearing:
Janice Sabbagh-Is seeking an area variance of Section 240-37 of District Zoning Regulations in
an R-20 Zoning District.
_-Where a rear yard setback of 40 feet is reauired, the aDplicant can only Drovide 7 feet
for the installation of a 18 x 33 above ground pool, thus requesting a 33 ft. rear yard
variance.
The property is located at 12 Daisv Lane and is identified as Tax Grid No. 6158-02-912877
Discussion:
ApDeaINo.12-7468
Tony Scott - Is seeking a variance of Section 240-37 in the Zoning Laws of the Town of
Wappinger. No footprint greater than 600' for an accessory building. The applicant can
provide 1440 square feet thus requesting a variance of 840 square feet for a 3 bay detached
garage.
-Section 240-30 states- There shall be a maximum of two accessory building on a residentially
used or residentially zoned lot, and no such accessory building shall have a footprint greater
than 600 square feet nor a height in excess of 20 feet.
The property is located 6 Wild wood Drive and is identified as Tax Grid No. 6158-02-
839730 in the Town of Wappinger.
Appeal No. 12-7456
NYCDEP Shaft 6 - Seeking five (5) variances of Section 240-27 & 240-37 of District Zoning
Regulations R-80 Zoning. The property is located at 195-209 River Road and is identified as
Tax Grid No. 6056-01-288977 in the Town ofWappinger.(Canale)
1. Where one (I) construction trailer is allowed, the applicant is prOPOsiDl! up to ten
f!ill temporary construction trailers to allow the NYCDEP requirement of multiple
contractors on publicly-bid proiects. Each contractor to provide its own
construction trailer to be used as an office, thus requesting a variance of nine (9)
temporary trailers.
2. Where one (I) storae:e container is allowed, the applicant is prOPOSiDl! UP to fortv-
five (45) storae:e containers for sound mitie:ation. thus requesting a variance of
forty-four (44) temporary storae:e containers.
3. Where a side yard setback of 80 feet is required for storae:e containers from the
property line, the applicant is proposine: a side yard setback of 40', to allow
placement of double-stacked empty storage containers as a noise barrier along one (1)
property line, thus reQuestine: a temporary variance of 40'.
4. Where two (2) square feet is allowed for sie:nae:e in a residential neie:hborhood, the
applicant is proposine: thirty-two (32) square feet, to allow one (1) 4-foot by 8-foot
site identification sign at the entrance to its property, thus reQuestine: a variance of
for sie:na2e of thirty (30) square feet.
5. Where ten (10) percent maximum lot covera2e is allowed, the applicant can
provide thirteen and four-tenth (13.4) percent) lot coverage on the site upon
completion of the project, thus reQuestine: a variance of three (3) and
four-tenths (.4) percent additional lot covera2e.
Town of Wappinger
Zoning Board of Appeals
MINUTES
Town of Wappinger
Zoning Board of Appeals
July 31, 2012
Summarized Minutes
Member.~:
Mr. Prager
Mr. Della Corte
Mr. Casella
Mr. Johnston
Mr. GaIotti
Others Present:
Mrs. Roberti
Mrs. Rose
Mr. Horan
July 31,2012 Minutes
T own Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member
Member
Member
Member
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NOV 01 2012
TOWN OF W
- TOWN APPINGER
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Zoning Administrator
Secretary
Attorney
SUMMARY
Janice Sabbagh
Tony Scott
NYCDEP
- Public Hearing -Granted
-Discussion-Public Hearing August 14,2012
-Decision-Granted
Mr. Prager:
I would like to call the Town of Wappinger Zoning Board of Appeals to
order. Roll call please
Howard Prager-----Here
Tom Dellacorte-----Here
Al Casella-----------Here
Bob Johnston-------Here
Mrs. Rose:
1
Town of Wappinger
Zoning Board of Appeals
July 31,2012 Minutes
Peter Galotti--------Here
Barbara Roberti----Here
Jim Horan-----------Here
Mr. Prager:
The first item on tonight's agenda is the approval of a number of minuets
that date back to 2010 because of the change in secretaries. There wasn't a
chance to get them typed up. Did you gentlemen get a chance to look them
over? I know a number of you gentlemen were not here at the time. Mr.
Horan stated you can still vote on them.
Mr. Horan:
Just as a point of order, the committee on open government said that no
formal requirement that the board approve the minutes that in
essence viewing the minutes and approving is merely just pointing
out to the secretary if there are any errors. Absent an approval of the
board the minutes would be the minutes of the board. You are just
verifying that you reviewed them and there are no errors.
Mr. Prager:
Do I need to read the months?
Mr. Horan:
No they are on the agenda. I think that's appropriate.
Mr. Prager:
Does anyone have any questions?
Mr. Casella:
I have just two dates. Sept 14th and Sept 28th. I didn't get copies of.
Mr. Casella:
I make a motion to except the minutes even Sept 14th and Sept 28th.
Mr. Gaiotti:
I second.
Mr. Prager:
All in favor?
Boa rd :
Aye
Mr. Prager:
So carried.
Mr. Prager:
First item on the agenda is a public hearing:
Appeal No. 12-7467
Janice Sabbagh-Is seeking an area variance of Section 240-37 of District Zoning Regulations in
an R-20 Zoning District.
_-Where a rear yard setback of 40 feet is reauired, the aDDlicant can only provide 7 feet
for the installation of a 18 x 33 above ground pool. thus requesting a 33 ft. rear yard
variance.
The property is located at 12 Daisv Lane and is identified as Tax Grid No. 6158-02-912877
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Town of Wappinger
Zoning Board of Appeals
Ms. Roberti:
Mr. Sabbage:
Mr. Prager:
Ms. Roberti:
Ms. Sabbage:
Mr. Prager:
Mr. Roberti:
Mrs Sabbage:
Mrs. Roberti:
Mr. Prager:
Mrs. Roberti:
Mrs. Sabbagh:
Mr. Casella:
Ms. Sabbage:
Mr. Horan:
Mr. Prager:
Mrs. Sabbagh:
Mr. Prager:
Mr. Johnston:
July 31, 2012 Minutes
We could piggy-back it to the permit but it would have to be moved
so that's it 10 ft away. Is it something that can be moved?
I think so. It's just a portable shed.
I know it's inconvenient. If you are willing to move the shed 10 feet
away, then we can make it a condition.
It could be a condition.
Can it be moved any where?
Not closer than 10 feet to your property line. How much to the rear?
Is it less than 200 feet?
I think it's 7x7.
10 feet from the rear and 10 feet from the side.
We are looking at the photo we have here. I'm not sure if those
property lines are correct.
On these pictures they never are. They are off.
I would think the side property line is more accurate that the rear.
Can we amend that variance to add the shed?
Can the shed be kept there and added to the same variance so it
doesn't have to be moved and piggy-backed on the building permit.
The problem is that the variance is requesting 7 feet so it still has to
be moved at least 7 feet.
It still has to be moved.
It can be moved anywhere.
Let the record show there is no one for or against this variance.
Can I have a motion to grant this variance?
I make a motion to close the public hearing.
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Town of Wappinger
Zoning Board of Appeals
Mr. Gaiotti:
Mr. Prager:
Ms. Sabbagh:
Mr. Prager:
Ms. Sabbagh:
Mr. Prager:
Mr. Prager:
Mr. Gaiotti:
Mr. Casella:
Mr. Prager:
Ms. Sabbage:
Ms. Roberti:
Ms. Sabbage:
Ms. Roberti:
Mr. Prager:
July 31,2012 Minutes
I second the motion.
If this variance is granted, I would like to add that the shed in
question has to be moved. No less then 7 ft.
That is 7 feet from the back not the side.
Either way.
OK
You probably only need to move it out.
Can I make a motion to grant this variance?
I make a motion to grant this variance. Mr. Gaiotti continues
to explain why the variance is granted.
I would like to make an amendment to the granted variance.
The shed has to be moved 7 feet but the shed needs to be
moved in 30 days.
When are you going to have the pool installed?
I need some more information as far as what kind of inspections I
need along the way so that I can coordinate all this. Can I find that
on line?
No, if this is granted and the building permit is ready to be picked up,
probably by Friday, all those questions can be answered. If this is
granted you are going to amend this permit to include the shed. The
shed will then get inspected for a final CC at the same time the pool is
getting inspected.
So the building permit cannot be picked up Friday until the shed is
moved?
No, you have to have the building permit to build the pool. The shed
will be piggy-backed on it. When they come to do a final inspection
for the pool they will also inspect that the shed was moved.
Is that alright?
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Town of Wappinger
Zoning Board of Appeals
Mr. Casella:
Mr. Casella:
Mr. Prager:
Mrs. Rose:
Mr. Prager:
Mr. Prager:
Appeal No. 12-7468
July 31,2012 Minutes
Amended to say shed must be moved within 30 days.
I'll second that motion.
Can I have a roll call vote.
Tom Della Corte
Bob Johnston
AI Casella
Peter Gaiotti:
Howard Prager:
Yes
Yes
Yes
Yes
Yes
The variance is granted and will be filed in 5 days.
Next on the agenda is:
Tony Scott - Is seeking a variance of Section 240-37 in the Zoning Laws of the Town of
Wappinger. No footprint greater than 600' for an accessory building. The applicant can
provide 1440 square feet thus requesting a variance of 840 square feet for a 3 bay detached
garage.
-Section 240-30 states- There shall be a maximum of two accessory building on a residentially
used or residentially zoned lot, and no such accessory building shall have a footprint greater
than 600 square feet nor a height in excess of 20 feet.
The property is located 6 Wild wood Drive and is identified as Tax Grid No. 6158-02-
839730 in the Town of Wappinger.
Mr. Prager:
Mr. Scott:
Mr. Prager:
Mr. Scott:
Mr. Johnston:
Mr. Housekeeper:
Mr. Prager:
Mr. Scott:
Please tell us what you want.
It's a detached garage, 3 bay to store my classic cars.
How many cars do you have?
I have 4 classic cars.
How high is the building going to be?
26 feet high.
Why do you need it so high? It looks to me that it is a house. What are
you doing with the upstairs?
The idea is to mimic the house. I didn't want it to look like a shed. It's
going to look very nice. It's going to complement the house.
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Town of Wappinger
Zoning Board of Appeals
Mr. Prager:
Mr. Scott:
Mr. Housekeeper:
Ms. Roberti:
Mr. Prager:
Mr. Gaiotti:
Mr. Housekeeper:
Mr. Gaiotti:
Mr. Housekeeper:
Mr. Gaiotti:
Mr. Johnston:
Mr. Scott:
Mr. Johnston:
Mr. Scott:
Mr. Prager:
Mr. Prager:
Mr. Scott:
Mr. Prager:
Mr. Housekeeper:
Mr. Prager:
July 31,2012 Minutes
What do you plan on doing upstairs?
It's going to be storage.
That loft is a partial loft, if you look at the part of the plan you'll see a line
right here. The last 13 feet is opened to the roof. The second floor is
only about 26 feet. I'm a barn builder and I have done many here in
Wappinger. He is looking for storage for his parts.
Howard, we are going to have to redo the legal notices because of the
height I would like to add it as a secondary.
Does anyone have any questions?
The building says it's 36x40 and on the plans it says 24x40.
There is a shed area off the back, if you look at the plan.
It's the footprint we are considering.
The footprint but the total 1440 is 24x40 of this section here with the
upstairs then there is 12x40 shed off the back.
Then the footprint is 40x36.
Are you going to have electric?
Yes
Water?
No, not at this time.
Anyone else have any question?
Do you have it marked off where you want it.
Not yet.
Can you and we will do a site visit this weekend.
Two things to consider. The size of his house is a pretty large house so
we are not dwarfing the house in anyway. The neighbor to his left has a
horse farm it's not a tight neighborhood. There is 2.9 acres.
Next on the agenda is:
7
Town of Wappinger
Zoning Board of Appeals
July3l, 2012 Minutes
Appeal No. 12-7456
NYCDEP Shaft 6 - Seeking five (5) variances of Section 240-27 & 240-37 of District Zoning
Regulations R-80 Zoning. The property is located at 195-209 River Road and is identified as
Tax Grid No. 6056-01-288977 in the Town of Wappinger. (Canale)
1. Where one (1) construction trailer is allowed, the applicant is proposine: UP to ten
.am. temporary construction trailers to allow the NYCDEP reQuirement of multiple
contractors on publicly-bid proiects. Each contractor to provide its own
construction trailer to be used as an office, thus requesting a variance of nine (9)
temporary trailers.
2. Where one (1) storae:e container is allowed, the applicant is proposine: UP to fortv-
five (45) storae:e containers for sound mitie:ation. thus requesting a variance of
forty-four (44) temporary storae:e containers.
3. Where a side yard setback of 80 feet is reQuired for storae:e containers from the
property line, the applicant is proposine: a side yard setback of 40', to allow
placement of double-stacked empty storage containers as a noise barrier along one (1)
property line, thus reQuestine: a temporary variance of 40'.
4. Where two (2) sQuare feet is allowed for sie:nae:e in a residential neie:hborhood, the
applicant is proposine: thirty-two (32) SQuare feet, to allow one (1) 4- foot by 8- foot
site identification sign at the entrance to its property, thus reQuestine: a variance of
for sie:nae:e of thirty (30) SQuare feet.
5. Where ten (10) percent maximum lot coverae:e is allowed, the applicant can
provide thirteen and four-tenth (13.4) percent) lot coverage on the site upon
completion of the project, thus reQuestine: a variance of three (3) and
four-tenths (.4) percent additional lot coverae:e.
Mr. Horan:
Let me set it up for the board's consideration. The finding statement
under SQRA process, this is a coordinated view with an environmental
impact statement. The NYCDEP was the lead agency in this matter.
They issued a finding statement dated June 28, 2012 which the board
has. There is a final environmental impact statement. The big
volume there considers all the impacts with respect to the project.
Project 1 and 2 looks at much more than what we have here for this
variance. Of the 5 variances before us, variance 1 is for addition
construction trailers. One of the findings in the finding statement is
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Town of Wappinger
Zoning Board of Appeals
July 31,2012 Minutes
that the construction trailers in the Wappinger Code doesn't apply to a
project of the magnitude.
Mr. Prager:
Let's talk to them as we go along. The first variance read as follows:
Where 1 construction trailer is allowed, the applicant is proposing up
to ten temporary construction trailers to allow the NYCDEP
requirement of multiple contractors on publicly-bid projects. Each
contractor to provide its own construction trailer to be used as an
office, thus requesting a variance of 9 temporary trailers.
Mr. Horan:
With respect to the project, one of the things that are mentioned here
respect to public work projects. One of the requirements under the
WICKS Law, which is a general municipal law regarding public
contracts. Each contract is required to be bid separately so there will
be multiple contractors. As contractors come and go during various
stages in this project. They will take their trailers.
Mr. Prager:
The second variance:
Where one storage container is allowed, the applicant is proposing up
to forty-five storage containers for sound mitigation, thus requesting
a variance of 44 temporary storage containers.
Mr. Horan:
Why don't you read three because they are related?
Mr. Prager:
The third variance:
Where a side yard setback of 80 feet is required for storage
containers from the property line, the applicant is proposing a side
yard set back of 40 feet, to allow placement of double-stacked empty
storage containers as a noise barrier along one property line, thus
requesting a temporary variance of 40 feet.
Mr. Prager:
Are they stacked next to each other?
Mr. Horan:
They are actually stacked on top of each other. There
is an appendix that analyzes the sound absorption in qualities of
the constructions trailers. DEP in a project regarding the Croton
Treatment Facility they used some shipping containers and certain
material to create a certain noise barrier. One of the
benefits is that they are more resilient than the typical noise
curtains. They stand up better than the curtains that tend to blow
around in the wind. Under the town code, construction trailers that
are in a residential district need to be twice the side or rear setback
in an R-80 district. The shaft location where the construction is
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Town of Wappinger
Zoning Board of Appeals
July 31,2012 Minutes
going to take place it about 150 feet from the property line and the
barriers have to be between the construction area and the property
line. They have to be on a level surface. That is the reasoning for
these locations.
Mr. Prager:
How are they going to be attached? I was thinking about
this because of the high winds we have had.
Mr. Simmons:
They have interlocking connections.
Mr. Prager:
Next is variance #4:
Where 2 square feet is allowed for signage in a residential
neighborhood, the applicant is proposing 32 square feet,
to allow one 4 foot by 8 foot site identification sign at the
entrance to its property, thus requesting a variance of 30
square feet for signage.
Mr. Horan:
In respect to this variance the applicant needs to post
some construction related information. Two square feet is
minimal at best. The code says larger signs would be
permitted with respect to special permits being issued by
the planning board if the town board ever deemed to
generate requirements for signs, in essence home
business occupations and things of that nature. As the
code presently stand we don't have any of those
previsions, the NYCDEP is bound by residential
requirements which limits things to 2 square feet which is
not to big at all.
Mr. Prager:
There is a sign there now. Is this going to replace that
sign or is it in addition?
Mr. Villari:
It's going to replace the sign.
Mr. Prager:
Next is variance # 5:
Where ten (10) percent maximum lot coverae.e is allowed, the
applicant can provide thirteen and four-tenth 13.4) percent)
lot coverage on the site upon completion of the project, thus
reQuestine. a variance ofthree (3) and four-tenths (.4)
percent additional lot coverae.e.
Mr. Horan:
This goes to the development of the property after all the
construction is completed. On the particular premises a
10
Town of Wappinger
Zoning Board of Appeals
Mr. Prager:
Mr. Prager:
Mr. Casella:
Mr. Johnston:
Mr. Prager:
Board:
Mr. Prager:
Mr. Della Corte:
Mr. Casella:
advice.
Mr. Prager:
Mr. Casella:
Mr. Prager:
Mr. Prager:
July 31,2012 Minutes
number of buildings are on that property and they all go
into this calculation. The calculation for lot coverage is
really for residential use. Ten percent is a really low
number is respect to this project. One of the things the
planning board is required to do in this case is to review
the storm water pollution prevention plan. What is
interesting is that NYC is its own SWIPP but the Town of
Wappinger has to approve the SWIPP in conjunction with
the site plan and after it's been approved it's then up to
NYC to administer all of it. The DEP is well versed in
respect to the storm water on the site.
Reads the finding statement.
Can I have a motion to grant or deny the findings and
facts?
I make a motion to grant those findings and facts.
I second the motion.
All in favor?
Aye.
The next portion of this will be the application for the area
variance findings and decision and again it's on appeal no.
12-7456. Mr. Prager reads the finding and decision
statement.
I would like to discuss something in private.
I make a motion to go into executive session for legal
I second the motion.
I make a motion to come out of executive session.
I second that motion.
Can I have a motion to approve this decision on this project?
11
Town of Wappinger
Zoning Board of Appeals
Mr. Casella:
(Horan)
Mr. Johnston:
Mr. Prager:
Mrs. Rose:
Bob Johnston:
Mr. Prager:
Mr. Johnston:
M r. Della Corte:
Mr. Prager:
Boa rd :
July 31,2012 Minutes
I make a motion to approve this decision on all the
information
that was provided
to us by Jim.
I second the motion.
Can I have a roll call vote.
Tom Della Corte:
Yes
AI Casella:
Peter Gaiotti:
Howard Prager:
Absta i n
Yes
Yes
Yes
Can I have a motion to close the meeting?
I make a motion to close the meeting:
I second the motion.
All in favor?
Aye.
Respectfully Submitted,
Sue Rose, Secretary
Zoning Board of Appeals
12