2012-02-14
ZONING BOARD OF APPEALS
February 28,2012
REVISED 2-28-12
Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: February 28, 2012
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approval of Minutes for:
January 24, 2012
February 14, 2012
Public Hearim!::
Appeal No. 11-7432:
JOSHUA G. INDORF: Seeking a vanance of Section 240-37 of District Zoning
Regulations for R-40 Zoning District.
- Where a rear yard setback of 50 feet is reQuired, the applicant is proposin2 a rear
yard setback of 20 feet. to allow an In ground pool 20' X 40' in the rear yard, thus
reQUestin2 a variance of 30 feet.
The property is located at 140 Old Hopewell Rd. and is identified as
Tax Grid No. 6157-01-313530 in the Town of Wappinger.
Discussion:
Appeal No. 11-7442
Reed Swenson: Seeking a variance of Section 240-37 of District Zoning Regulations for
an R-20 Zoning District.
-Where a front yard setback of 75 feet is reQuired on or a State/County Hi2hwav, the
applicant is proposin2 a front yard setback of 50 feet. to allow for the construction of
new residential housing, thus reQUestin2 a variance of 25 feet.
The property is located at New Hackensack Road and is identified as Tax Grid No.
6158-02-948876 in the Town of Wappinger.
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ZONING BOARD OF APPEALS
February 28,2012
Appeal No. 12-7454
Geof!!e Mustakas: Seeking a variance of Section 240-37 of District Zoning Regulations
for R-40 Zoning District.
_ Where a side yard setback of 25 feet is required, the applicant is proposine: a side
yard setback of 10 feet. to allow an existing shed 12'x20', thus reQuestine: a variance of
15 feet.
The property is located at 283 Old Hopewell Rd. and is identified as Tax Grid No. 6257-
03-090480 in the Town of Wappinger.
2
Page 1 of5
Town of Wappinger
Zoning Board of Appeals
February 28, 2012
Town Hall
20 Middlebush Road
Wappinger Falls, NY
DRAFT MINUTES
Members Present:
Mr. Dellacorte
Mr. Casella
Mr. Johnston
Mr. Gaiotti
Mr. Prager
Member
Member
Member
Member
Chairman
Others Present:
Mrs. Roberti
Mrs. Gale
Zoning Administrator
Secretary
SUMMARY
Mr. & Mrs. J. Indorf
- Variance Granted
Mr. Swenson
- Public Hearing Set 3-27-12
Mr. Mustakas
- Public Hearing set 3-13-12
Mr. O'Sullivan
- Withdrawn
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Page 2 ofS
Town of Wappinger
Zoning Board of Appeals
February 28, 2012
Minutes
Members
Present: AI Casella
Tom Della Corte
Bob Johnston
Peter Gaiotti
Howard Prager
Also Present:
Michelle Gale - Secretary
Barbara Roberti - Zoning Administrator
Approval of Minutes for 1-24-12
2-14-12
Mr. Casella
Mr. Johnston
Aye
Motion to Approve:
Second
All in Favor
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. 11-7432:
JOSHUA G. INDORF: 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 proposinl! a rear yard setback of 20
feet. to allow an In ground pool 20' X 40' in the rear yard, thus reauestinl! a variance of 30 feet.
The property is located at 140 Old Hopewell Rd. and is identified as
Page 3 ofS
Tax Grid No. 6157-01-313530 in the Town of Wappinger.
Town of Wappinger
Zoning Board of Appeals
February 28, 2012
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Mr. Prager: Please state your name and explain why you are here.
Mr. Josh Indorf: I want to install a granite pool.
Mr. Prager: What size pool?
Mr. Indorf: I changed it 20' x 40' with stairs & hot tub
Mr. Prager: Whate is the position of the pool?
Mr. Indorf: I need 30' from rear yard.
Mr. Prager: Does anyone on the board have any questions? Is the hot tub imperative on that end?
Mr. Casella: Can it go on the front instead of the rear?
Mr. Della Corte: You own the property behind you?
Mr. Indorf: Yes
Mr. Prager: Is there anyone in the audience with questions?
(No response noted)
Mr. Casella: I make a motion to close the public hearing
Mr. Gaiotti: Second
All - Aye
Mr. Gaiotti: I make a motion to grant the variance, there are no obstructions, it doesn't cause an
undesirable change in the neighborhood, will not cause a detriment change to nearby properties, there
are no other feasible methods.
Mr. Prager: The size of it is pretty substantial, 60%
Mr. Casella: Second
Roll Call Vote: Mr. Gaiotti - Aye
Mr. Casella - Aye
Mr. Johnston - Aye
Mr. Della Corte: Aye
Mr. Prager - Aye
Variance granted
Page 4 of 5
Town of Wappinger
Zoning Board of Appeals
February 28, 2012
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Aooeal No. 11-7442
Reed Swenson: Seeking a variance of Section 240-37 of District Zoning Regulations for an R-20 Zoning
District.
-Where a front yard setback of 75 feet is reauired on or a State/County Hhzhway. the applicant is
orooosine: a front yard setback of 50 feet. to allow for the construction of new residential housing, thus
reauestine: a variance of 25 feet.
The property is located at New Hackensack Road and is identified as Tax Grid No. 6158-02-948876 in
the Town of Wappinger.
Mr. Richard Olsen: With law firm McCabe & Mack, I am here for Mr. Swenson the property owner.
What we have is a subdivision under review by the Planning Board, it's planned to have a town road,
and based upon your code, normally the applicant can select what is the front yard and what is the side
yard on a corner road but since it's on a state highway, the front yard shall be facing the state highway.
In order to make the homes look the same, facing the town road we have to obtain a variance from that
75' setback.
Mr. Prager: Is it the just the one lot or is it for both lots.
Mr. Olsen -It would be for both lots 1 & 10
Mr. Prager (addressing the board) looking at copies of maps, along with applicant
Mr. Swenson, explaining how they want the houses to face.
Mr. Gaiotti: I do business with Mr. Olsen's firm, but that shouldn't effect any decision that happens
tonight.
Mr. Olsen: I have a meeting for Village of Rhinebeck that meets on the night of your next scheduled
meeting. Can we set public hearing for last Tuesday of month
Page 5 of5
(March 27th)
Mr. Prager: Public hearing set for March 27th - there's no markings? - can't do a site visit.
Mr. Olsen: It's still under review with the planning board.
Mr. Casella: Mr. Chairman - If it's still under the review of the planning board, why is he asking for a
variance tonight?
Mr. Olsen: Because in order to decide lot count move forward, we need to get that variance, we are
going to the maximum amount of lots we can get, because we have to pay for a town road, that going to
push us towards the road, unless they tells us we can only have one house that's going to have meet the
75' setback.
Mr. Casella: Suppose they tell you - you can only have eight instead of 10.
Mr. Olsen: Even if we can only have eight, I would have to be out near the road, and I would require a
variance. If the board cuts me back - I may be meeting the setback anyway.
Mr. Casella: That's my point, if the board cuts you back, why would you need a variance?
Mr. Olsen: They (Planning Board) sent me here. Because they said if you want to go along with this, you
have to go to the Board of Appeals.
Mr. Prager: When the plan (survey) is made out, where do they have it measured out?
Mr. Olsen: We are within the limits, we have the correct lot sizes, it because of that crump lot, the
county zoning rules say the county requires 75' - if this were a town road we wouldn't need the
variance because we could make it a side yard.
Mr. Casella: I just find it odd that we have to give a variance.....before the planning board
Mr. Olsen: Town law does give confiring jurisdiction, allows you to proceed before both boards.
Mr. Prager: Anything else? All set for the 27th of March.
Page 6 of5
Aooeal No. 12-7454
Geore:e Mustakas: Seeking a variance of Section 240-37 of District Zoning Regulations for R-40 Zoning
District.
-Where a side vard setback of 25 feet is reauired. the applicant is Drooosine: a side vard setback of 10
feet. to allow a existing shed 12'x20', thus reauestine: a variance of 15 feet.
The property is located at 283 Old Hooewell Rd. and is identified as Tax Grid No. 6257-03-090480 in the
Town of Wappinger.
Mr. Prager: Set forward and state your name and what you need.
Mr. George Mustakas: When we purchased, we were ill advised and said we need 10', I can't drag the
shed out, I'm afraid I'll damage it.
Mr. Prager: What kind of shed is it?
Mr. Mustakas: It's a pre-made shed
Mr. Casella: Is it on a cement slab?
Mr. Mustakas: No - it's on stone w/4x4
Mr. Prager: It's just the side yard setback you looking for?
Mr. Mustakas: Correct
Mr. Prager: Set the public hearing for our next meeting which will be March 13th and a site inspection
on March 10 at Saturday and 9:00.
Mr. Gaiotti: Any dogs?
Mr. Mustakas: No - dog is inside
Mrs. Roberti: How big is the shed?
Mr. Mustakas: It's 20x16 ..20'x12
Mrs. Roberti: It's over 200 sq. ft.
Mr. Della Corte: I not seeing it on this map
Mr. Casella: It's on the plot plan
Motion to Adjourn: Mr. Casella
Page 7 ofS
2nd Mr. Johnston
All - Aye
Meeting ended 8:00PM
Respectfully Submitted
Michelle D. Gale
Secretary - Zoning Board of Appeals