2012-01-24
ZONING BOARD OF APPEALS
January 24,2012
Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: January 24, 2012
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approval of Minutes
1-10-12 :
PUBLIC HEARING:
Appeal No. 11-7453:
Robert & Lisa Lewandowski: Seeking a variance of Section 240-37 of District Zoning
Regulations for R-40 Zoning District.
- Where a rear yard setback of 50 feet is reauired, the applicant is proposine: a rear
yard setback of 19 feet. to allow a 20' X 22' deck, attached to an above ground pool, in
the rear yard, thus reauestine: a variance of 31 feet.
The property is located at 112 Brannon Place and is identified as Tax Grid No. 6256-01-
473886 in the Town of Wappinger.
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NOV 01 2012
TOWN Of WAPPINGER I
TOWN CLERK I
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Town of Wappinger
Zoning Board of Appeals
January 24, 2012
Members Present:
Mr. Casella
Ab....'ent:
Others Present:
Page 1 of 5
Town Hall
20 Middlebush Road
Wappinger Falls, NY
DRAFT MINUTES
Mr. Dellacorte
Member
Mr. Johnston
Mr. Gaiotti
Mr. Prager
Mrs. Roberti
Mrs. Gale
Member
Member
Member
Chairman
Zoning Administrator
Secretary
SUMMARY
Mr. & Mrs. Robert Lewandowski
- Variance Granted w/conditions
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NOV 01 2012
1 TOWN OF VVAPPINGER
. TOWN CLERK
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Page2of5
Town of Wappinger
Zoning Board of Appeals
January 24, 2012
Minutes
Members
Present: AI Casella
Tom Della Corte
Bob Johnston
Peter Gaiotti
Absent: Howard Prager
Also Present:
Michelle Gale - Secretary
Barbara Roberti - Zoning Administrator
Approval of Minutes for 1-10-12
Motion to Approve: Mr. Casella
Second Mr. Johnston
All in Favor Aye
Motion to Open Public Hearing:
Motion: Mr. Casella
Second Mr. Johnston
All in Favor Aye
Mr. Casella: Are all the mailings in?
Mrs. Gale: Yes they are all in
Appeal No. 11-7453
Mr. & Mrs. Robert Lewandowski - seeking a variance of Section 240-37 District Zoning
Regulations for R-40 Zoning District.
-Where a rear yard setback of 50 feet is reauired. the applicant is proposine: a rear yard
setback of 19 feet, to allow a 20'x22' deck attached to an above ground pool in the rear yard,
thus reauestine: a variance of 31 feet. The property is located at 112 Brannon Place and is
identified as Tax Grid No. 6256-01-473886 in the Town of Wappinger.
Page 3 ofS
Town of Wappinger
Zoning Board of Appeals
January 24, 2012
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Mr. Casella: Mr. & Mrs. Lewandowski please come up and explain why you are here.
Mr. & Mrs. Lewandowski: We are here for a 20'x22' deck attached to the pool, that doesn't
meet the setback, it supposed to be 50' from the rear line, we can only provide 19' so we're are
looking for a variance of 31' for the deck.
Mr. Casella: Was everyone able to go out and look at the site?
(All responded yes)
Mr. Casella: Does anyone have any questions?
Mr. Thomas O'Connor - Neighbor: I want to know what the stipulation of the rules are - is it because
of the size ofthe deck if the deck were smaller would it need only 25'? in the confines of the law.
Mr. Della Corte: Where it is close to your property... It's actually the location of the deck itself the deck is
too close to the property line. The deck is already there, needs variance to make it legal.
Mr. O'Connor: Does it have nothing to do with the size, if it was smaller it would need to be 10'
under 200 square foot you can put within 10' feet of line.
Mr. Lewandowski: I was thought if the deck were smaller, it would be in accordance of the setback.
Mr. Gaiotti: Even if the deck were smaller, it would need a variance because it's the location of the deck
because of the distance, from the property line.
Mr. Della Corte: It's because ...where it's placed, if the deck was facing your house, it would not need a
variance at this point.
Mr. & Mrs. Lewandowski: We thought if the pool only needed 10' it would be the same for the deck
(Discussion on what setbacks were required based on size & location of deck)
(Board explaining other possibilities for deck that would not need a variance).
Mr. O'Connor: Can he put trees as a buffer zone - he said the deck was going to be there. Try to be
compromising, the deck is not supposed to be there. Now if I go to sell my house....now you're telling
me it not the size.
Mr. Della Corte: Is it a matter of ascetics?
Page 4 of 5
Town of Wappinger
Zoning Board of Appeals
January 24, 2012
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Mr. Casella: Just to let you know, we could grant the variance without your approval, we could also put
a condition that you plant trees back you too iron this out, we're going to make a decision.
Mr. O'Connor: Put the trees, and I'm ok with that.
Mr. Della Corte: Your concerns are privacy, to address the privacy put in trees or some sort of
decorative .... would that address your concerns?
Mr. O'Connor: That would definitely alleviate that - he'll put in 5 trees and I'll put in 5 trees like to have
some privacy.
Mr. Della Corte: We'll ask Mr. Lewdanowski to put up to 5 white pines trees towards the property line.
Motion to close the Public Hearing;
Mr. Della Corte -I need a motion to close the public hearing
Mr. Casella - Motioned to close the public hearing
Mr. Johnston - Second
AII- Aye
Mr. Della Corte: Can I have a motion to grant or deny the variance?
Mr. Casella: I make a motion to grant the variance
This is not going to cause an undesirable change to the neighborhood, Mr. Lewandowski agreed
to put in trees.
There is no other feasible methods because of the septic system there, pool is there.
The variance is substantial and is self-created, the deck is already up.
Page 5 of5
Town of Wappinger
Zoning Board of Appeals
January 24, 2012
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Mr. Casella: Motion to IZrant with the stipulation you plant up to 5 trees
Mr. Johnston - Second
All - Aye
Motion to adjourn: Mr. Casella
Mr. Johnston - Second
AII- Aye
Meeting ended 7:55PM
Respectfully Submitted
Michelle D. Gale
Secretary - Zoning Board of Appeals