2012-10-09
Town of Wappinger Zoning Board of Appeals
MEETING DATE: October 09, 2012
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappin9..er....Falfs; NY
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Approve the minutes for September 25. 2012
Public Hearing:
Appeal No. 12-7471 ----'-
Grace Elder-Seeking an area Variance of Section 240-37 of District Regulations in an R-20 Zoning
District.
Where the code states...in no case shall Accessory Structures be permitted in the front
um the applicant requests a variance for a pre-existing gazebo.
The property is located 27 Kent Road and is identified as Tax Grid No. 6258-03-324082 in
the Town of Wappinger.
Discussion:
ApoeaINo.12-7472
Chapel of Sacred Mirrors-Is seeking an area variance of Section 240-37 of District Zoning
Regulations in an R 40/80 Zoning District.
-Where a side yard setback of 40 feet is required, the apolicant can on Iv provide 14.6
feet for construction of an addition to the existing carriage house which will be converted to an
art gallery, thus requesting a 25.4 side yard setback.
The property is the former Deer Hill Conference Center, (46-70 Deer Hill Road), located on
Wheeler Hill Road and is identified by Tax Grid No. 6057-02-834604 in the Town of
Wappinger.
ApoeaINo.12-7473
Joseoh Carino-Is seeking an area variance of Section 240-37 of District Zoning Regulations in
an R20 Zoning District.
-Where a rear yard setback of 40 feet is required, the aoolicant can only orovide 23
feet for the installation of a 15X24 foot above ground pool and an attached 23' X 30' deck,
thus reauesting a 17 foot rear yard setback.
-Where a side yard setback of 20 feet is required, the applicant can onlv provide 10 feet
for the installation of a 15x24 foot above ground pool and a 23'x30' attached deck, thus
requesting a 10 foot side yard setback.
The property is located at 7 Morgan Court and is identified as Tax Grid No. 6258-01-
188954.
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NOV 01 2012
TO\JVN (JF WAPPINGER
TO\/\q\4 CLERK
Town ofWappingcr
Zoning Board of Appeals
October 9,2012
MINUTES
Town of Wappinger
Zoning Board of Appeals
October 9,2012
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. Prager
Mr. Della Corte
Mr. Casella
Mr. Johnston
Mr. Galotti
Chairman
Member
Member
Member
Member
Otllers Present:
Mrs. Roberti
Mrs. Rose
Mr. Horan
Zoning Administrator
Secretary
Attorney
SUMMARY
Grace Elder
Variance Granted
Joseph Carino
PH-Scheduled October 23,2012
Chapel of Sacred Minors
PH-Scheduled October 23, 2012
Mr. Prager:
T would like to call the Town of Wappinger Zoning Board of Appeals to
order. Roll call please.
Mrs. Rose:
Howard Prager-m-ITere
Tom Dellacortem--Here
Al Casella--nm-mHere
Bob .Tohnston-m-uHere
Petcr Galotti--mmHcre
Mr. Pragcr:
First on thc agenda is the acceptance of the minutes from September 25,
2012.
Town of Wappinger
Zoning Board of Appeals
October 9, 2012
Mr. Casella:
I make a motion to accept the minutes.
Mr. Johnston:
I second the motion.
Mr. Prager:
All in favor?
Board:
Aye.
Mr. Prager:
The first item on the agenda is a Public Hearing on:
ApDeaINo.12-7471
Grace Elder-Seeking an area Variance of Section 240-37 of District Regulations in an R-20 Zoning
District.
Where the code states...in no case shall Accessory Structures be permitted in the front
yard the applicant requests a variance for a pre-existing gazebo.
The property is located 27 Kent Road and is identified as Tax Grid No. 6258-03-324082 in
the Town of Wappinger.
Mr. Prager:
Sue, are all the mailings in order?
Ms. 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:
Second.
Mr. Prager:
All in favor?
Board:
Aye.
Mr. Prager:
Please state your name and address for the record.
Ms. Elder:
My name is Grace Elder and I live at 27 Kent Road
Mr. Prager:
Please explain why you are here.
Ms. Elder:
My husband built a gazebo in the front of our house about 30 years ago.
He has since passed away and at that time we did not know that we needed
a variance. He put the gazebo where everyone could see it. I have my
flower garden around it. We would work on the flower garden and have
lunch in the gazebo. I would like to keep it.
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Town of Wappinger
Zoning Board of Appeals
October 9,2012
Mr. Prager:
We all did a site visit and it looks good. It's neat and not out of place.
At the last meeting, there was a discussion about some things that needed
to be legalized.
Ms. Roberti:
Part of the open building permit there were barns and some sheds in the
back. The gazebo was the only one that did not meet the set back and
needs the variance.
Mr. Prager:
Anyone in the audience?
Mr. Prager:
Let the record show, there is no one in the audience for or against this
appeal.
Mr. Casella:
I make a motion to close the public hearing.
Mr. Johnston:
Second.
Mr. Prager:
All in favor
Board:
Aye
Mr. Casella:
I make a motion to grant the variance. It is not an undesirable change
to the neighborhood and it has been there 30 plus years. It is a
substantial variance but it has been there over 30 year. It will have no
adverse effect on the neighborhood.
Mr. Gaiotti:
Second
Mr. Prager:
Roll call vote.
Ms. Rose:
Tom DellaCorte
Bob Johnston
AI Casella
Peter GaIotti
Howard Prager
Yes
Yes
Yes
Yes
Yes
Appeal No. 12-7473
Joseph Carino-Is seeking an area variance of Section 240-37 of District Zoning Regulations in
an R20 Zoning District.
-Where a rear yard setback of 40 feet is required, the applicant can onlv provide 23
feet for the installation of a 15X24 foot above ground pool and an attached 23' X 30' deck,
thus requestin9 a 17 foot rear yard setback.
-Where a side yard setback of 20 feet is required, the applicant can only provide 10 feet
for the installation of a 15x24 foot above ground pool and a 23'x30' attached deck, thus
3
Town of Wappinger
Zoning Board of Appeals
October 9,2012
requestin9 a 10 foot side yard setback.
The property is located at 7 Morgan Court and is identified as Tax Grid No. 6258-01-
188954.
Mr. Prager:
Please state your name for the record.
Mr. Carino:
My name is Joseph Carino and I live at 7 Morgan COUl1. Are you familiar
with the area?
Mr. Prager:
Yes.
Mr. Carino:
It is a very odd shaped lot. Mr. Carino reviews maps and pictures with the
board.
Mr. Prager:
Pointing to the map. Is there any reason why you cannot move the pool
over here?
Mr. Carino:
I would love to but if you look here there is a large rock mound
here. (Pointing to the map)
Mr. Prager:
We are going to have a site inspection. If you could, mark out where the
pool and the deck is going to go. Does anyone have any questions?
Mr. GaIotti:
Does the deck exist?
Mr. Carino:
(Pointing to the map) There is a cunent deck here and here is the patio.
Mr. Johnston:
Is there a reason the deck has to be so large?
Mr. Carino:
I'm trying to make it look nice.
Mr. Prager:
We will make the site visit October 20th and the public hearing October
')" I'd
_J .
Mr. Prager:
Next item on the agenda is:
Apoeal No. 12-7472
Chapel of Sacred Mirrors-Is seeking an area variance of Section 240-37 of District Zoning
Regulations in an R 40/80 Zoning District.
-Where a side yard setback of 40 feet is required, the applicant can only provide 14.6
feet for construction of an addition to the existing carriage house which will be converted to an
art gallery, thus reauesting a 25.4 side yard setback.
The property is the former Deer Hill Conference Center, (46-70 Deer Hill Road), located on
Wheeler Hill Road and is identified by Tax Grid No. 6057-02-834604 in the Town of
Wappinger.
4
Town of Wappinger
Zoning Board of Appeals
Mr. Cappelli:
Mr. Casella:
Mr. Cappelli:
Mr. Casella:
Mr. Cappelli:
Mr. Prager:
Mr. Cappelli:
Mr. Prager:
Mr. Prager:
Mr. Casella:
Mr. Johnston:
Mr. Prager:
Mr. Gaiotti:
Mr. Prager:
Board:
Mr. Prager:
October 9, 2012
My name is Alfred Cappelli. I am the architect. We have 40 acres on
Wheeler Hill Road. (Pointing to a map) Mr. Cappelli explains the
buildings on the propeliy and the entrance onto the property. Mr. Cappelli
explains that the calTiage house is close to the propeliy line. The carriage
house will be convelied into an mi gallery. (Pointing to a map) Mr.
Cappelli explains the floor plans for the new art gallery. The addition will
include emergency stairs, elevator, and a lobby. We have been before
the Planning Board and the public hearing was closed. We are here before
you seeking a side yard variance.
How big is the carriage house?
It is about 47 x 60. Mr. Cappelli shows the board pictures of the existing
carriage house.
Is it two stories?
Yes.
I see that you are not going past the original boundary of the building.
It was used as a recreation center on the second floor in the loaf area,
there was also a music room. On the first floor there was a meeting area.
Since we are changing the use of the building, we are here before you. Mr.
Cappelli (Pointing to a photo) explains the court yard and retaining wall to
the board.
We will have a site visit on Oct 20th and the public hearing on Oct 23rd
Can I have a motion to go into executive session?
I make a motion to go into executive session.
Second.
I make a motion to come out of executive session.
Second.
All in favor:
Aye.
Can I have a motion to adjourn the meeting.
5
Town of Wappinger
Zoning Board of Appeals
October 9,2012
Mr. GaIotti:
I make a motion to adjourn the meeting.
Mr. Johnston:
Second.
Mr. Prager:
All in favor.
Board:
Aye.
Respectfully Submitted,
~)~
Sue Rose, }Secretary
Zoning Board of Appeals
6