2012-03-13
ZONING BOARD OF APPEALS
March 13,2012
Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: March 13,2012
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
PUBLIC HEARING:
Appeal No. 12-7454
Geon!.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.
Discussion:
Appeal No. 12-7457
William & Kathleen Neave: Seeking a variance of Section 240-37 of District Zoning
Regulations R-40.
_ Where a rear yard setback of 50 feet is required, the applicant is proposine: a rear
yard setback of 30 feet, to all an in-ground pool 45'x25'x5', thus reQuestine: a variance
of 20 feet.
The property is located at 8 Glenbrook Ct. and is identified as Tax Grid No. 6258-01-
415945 in the Town of Wappinger.
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ZONING BOARD OF APPEALS
March 13,2012
Appeal No. 12-7456
NYCDEP Shaft 6 - Seeking six (6) variances of Section 240-27 & 240-37 of District
Zoning Regulations R-80 Zoning.
1. Where one (1) construction trailer is allowed, the applicant is proposin2 UP to ten
1!.ill 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) stora2e container is allowed, the applicant is proposin2 UP to fortv-
five (45) stora2e containers for sound miti2ation. thus requesting a variance of
forty-four (44) temporary stora2e containers.
3. Where no 2reater than 1.200 SQ. ft. is allowed for a trailer, the applicant is
proposin2 (Unknown at this time), thus reQUestin2 a variance of (Unknown at
this time).
4. Where a side yard setback of 80 feet is reQuired for stora2e containers from the
property line, the applicant is proposin2 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 reQUestin2 a temporary variance of 40'.
5. Where two (2) sQuare feet is allowed for si2na2e in a residential nei2hborhood, the
applicant is proposin2 thirty-two (32) SQuare feet, to allow one (1) 4-foot by 8-foot
site identification sign at the entrance to its property, thus reQUestin2 a variance of
for si2na2e of thirty (30) SQuare feet.
6. 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 reQUestin2 a variance of three (3) and
four-tenths (.4) percent additional lot covera2e.
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)
2
Page 1 of 5
Town of Wappinger
Zoning Board of Appeals
March 13, 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:
Mr. A. Roberts
Mrs. Roberti
Mrs. Gale
Town Attorney
Zoning Administrator
Secretary
SUMMARY
Mr. G. Mustakas
- Variance Granted
Mr. & Mrs. W. Neave
- Public Hearing Set 3-27-12
NYCDEP
- Public Hearing Set 3-27-12
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TOWN CLERK
Page 2 of 5
Town of Wappinger
Zoning Board of Appeals
March 13, 2012
Draft Minutes
Members
Present: AI Casella
Tom Della Corte
Bob Johnston
Peter Gaiotti
Howard Prager
Also Present:
AI Roberts - Town Attorney
Michelle Gale - Secretary
Barbara Roberti - Zoning Administrator
Appeal No. 12-7454
George Mustakas: Seeking a variance of Section 240-37 of District Zoning Regulations for RAO Zoning
District.
-Where a side yard setback of 25 feet is reQuired, the applicant is proposing a side yard setback of 10
feet. to allow a existing shed 12'x20', thus reQuesting 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.
Mr. Prager: Are all the mailings in?
Mrs. Gale: Yes
Motion to Open Public Hearing: Mr. Johnston
2nd Mr. Casella
All-Aye
Page3of5
Mr. Prager: State your name for the record.
Mr. George Mustakas
Mr. Prager: Explain for us the reason for your variance request.
Mr. Mustakas: I was ill advised and was told where I can put it -I placed it 10' from side.
Mr. Prager: We did our site inspection and did see where it is - and the contour of your property.
Any questions from the board? None
Any questions from the audience? None
Motion to close the public hearing Mr. Casella
2nd Mr. Johnston
Motion to grant or deny this variance:
Mr. Della Corte: 1 motion to grant - can be achieved by other means of the applicant, however will not
cause an undesirable change to the neighborhood. The request is considered substantial will not have
undesirable effects and the alleged difficulty is self created however there is no other place to put it.
Mr. Prager: Roll Call Vote
Mr. Casella - Aye
Mr. Gaiotti - Aye
Mr. Johnston - Aye
Mr. Della Corte - Aye
Mr. Prager - Aye
Variance granted
Page 4 of 5
Discussion:
Appeal No. 12-7457
William & Kathleen Neave: Seeking a variance of Section 240-37 of District Zoning Regulations RAO.
- Where a rear yard setback of 50 feet is reQuired, the applicant is proposin~ a rear yard setback of 30
feet, to all an in-ground pool 45'x25'x5', thus reQuestin~ a variance of 20 feet.
The property is located at 8 Glenbrook Ct. and is identified as Tax Grid No. 6258-01-415945 in the Town
of Wappinger.
Mr. Prager: State your name
Dave Citalloi
Mr. Prager: Explained the variance process.
Mr. Citalloi: What we're proposing an in ground pool it's within 50' of the property line, it's the only
place we can install it.
Mr. Prager: (request Mr. Citalloi approach) discussion showing where exactly where it is. Pointing out
the absorbance field, Mr. Prager noted - do not want to go over the absorbance field.
Mr. Gaiotti: It says "new absorbance field" - the department of health approves (explained approval of
field by BOH).
Mrs. Roberti: Scott Neave came in today and spoke to Bob Gray the town engineer- he's going to the
Health Dept. and look to move that to another part of the property.
Mr. Prager: When will he get that? - does he say?
Mrs. Roberti: I don't know how long that will take - but if he can't get that the pool can't go through.
Mr. Prager: It will be depending on that approval
Mrs. Roberti: As a condition.
Mr. Casella & Mr. Prager: You'll have to have that before the public hearing.
Mr. Prager: Mr. Citalloi are you the designer of the pool?
Mr. Citalloi: Yes designer for Mr. Neave
Page 5 of 5
Mr. Prager: What is the exact size ofthis pool?
Mr. Citalloi: 45' x 25' with catch basin, I was unclear if I should include catch basin, vanishing edge, the
pool itself is 36' X 18'
Mr. Prager: Set site inspection for March 24th and the public hearing for March 27th, if you could also
mark out the property line.
Mr. Roberts: You should point out the nearest neighbor to the property.
Mr. Citalloi: It's 56 acres.
Mr. Prager: You have to do your mailings?
Mrs. Roberti: We'll have that for you tomorrow - could you stop in and pick it up around l1AM
Appeal No. 12-7456
NYCDEP Shaft 6 - Seeking six (6) variances of Section 240-27 & 240-37 of District Zoning Regulations R-
80 Zoning.
1. Where one (1) construction trailer is allowed, the applicant is proposing up to ten
(10) 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 nine (9)
temporary trailers.
2. Where one (1) storage container is allowed, the applicant is proposing up to forty-
five (45) storage containers for sound mitigation, thus requesting a variance of
forty-four (44) temporary storage containers.
3. Where no greater than 1,200 sq. ft. is allowed for a trailer, the applicant is
proposing (Unknown at this time), thus requesting a variance of (Unknown at
this time).
Page 6 of 5
4. Where a side yard setback of 80 feet is required for storage containers from the
property line, the applicant is proposing 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 requesting a temporary variance of 40'.
5. Where two (2) square feet is allowed for signage in a residential neighborhood, the
applicant is proposing thirty-two (32) square feet, to allow one (1) 4-foot by 8-foot
site identification sign at the entrance to its property, thus requesting a variance of
for sign age of thirty (30) square feet.
6. Where ten (10) percent maximum lot coverage is allowed, the applicant can
provide thirteen and four-tenth (13.4) percent) lot coverage on the site upon
completion of the project, thus requesting a variance of three (3) and
four-tenths (.4) percent additional lot coverage.
The property is located at 195-209 River Road and is identified as Tax Grid No.
6056-01-288977 in the Town of Wappinger.
Mr. Prager: Could you please come up and state your name for the record.
Mr. Phil Simmons - NYCDEP - Permit Division (Showed a short presentation of the Shaft 6 Project)
Introduced other members of NYCDEP.
Mr. Ted Downey - NYCDEP - Explained the need for variances.
Mr. Simmons:
(Explained how the tunnel provides water to NYC -leaking - nature of leaks - fix leaks, build
by-pass - make connection at last moment. Between 6-15 mos. to make connection - where
they would get water to supply NYC during the process of shut-down).
After several discussions Mr. Prager - Asked if there were any other questions. - NO
Mr. Prager set the Public Hearing for March 27, 2012. A site visit was scheduled for Saturday,
March 31, 2012.
The Zoning Board of Appeals went into Executive Session for legal purposes - 8:30pm
Mr. Gaiotti - Motioned to out of Executive Session
Motion to Adjourn - Mr. Gaiotti
Mr. Johnston
Page 7 of 5
Meeting ended 9:00PM
Respectfully Submitted
v/rcJ.~ D r;J/a-h
Michelle D. Gale
Secretary - Zoning Board of Appeals