Loading...
2012-03-27 REVISED 3-27-12 Town of Wappinger Zoning Board of Appeals MEETING DATE: March 27, 2012 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY PUBLIC HEARING: Appeal No. 11-7442 - At the request of Reed Swenson who is 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 a State/County Hi2hway, 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. Appeal No. 12-7457 - At the request of William & Kathleen Neave who is 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 proposin2 a rear yard setback of 30 feet, to all an in-ground pool 45'x25'x5' , thus reQUestin2 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. Discussion: Appeal No. 12-7458: Dante M. DiStasio Seeking a variance of Section 240-37 of District Zoning Re!:,TUlations for R-40 Zoning District. _ Where a rear yard setback of 25 feet is reQuired, the applicant is proposin2 a rear yard setback of 23 feet. to allow the construction of a deck 24' x 12' in rear, thus reQUestin2 a variance of 2 feet. The property is located at 68 Fieldstone Loop and is identified as Tax Grid No. 6257-06-325778 in the Town of Wappinger. [R1~~~aW~[D) NOV 01 2012 TOWN OF WAPPINGER -_~Q.Wf\J CLERK Public Hearin2: Appeal No. 12-7456 NYCDEP Shaft 6 - Seeking six (6) 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 0) construction trailer is allowed, the applicant is proposin2 UP to ten l1.Ql 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) 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 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'. 4. 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. 5. Where ten (0) percent maximum lot covera2e is allowed, the applicant can provide thirteen and four-tenth 03.4) 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. Town of Wappinger Zoning Board of Appeals March 27, 2012 Town Hall 20 Middlebush Road Wappinger Falls, NY DRAFT MINUTES Members Present: Mr. Oellacorte Mr. Casella Mr. Johnston Mr. Gaiotti Member Member Member Member Absent: Mr. Prager Chairman Others Present: Mr. J. Horan Mrs. Roberti Mrs. Gale Town Attorney Zoning Administrator Secretary SUMMARY R. Swenson - Adjourned Public Hearing - April 10, 2012 Mr. & Mrs. W. Neave - Public Hearing Set - April 10, 2012 Mr. D. DiStasio - Public Hearing Set - April 10, 2012 NYCDEP - Public Hearing - April 10, 2012 ---- [gi~CG~~W~[(5) NOV 01 2012 TOWN OF WAPPINGER -IQ,~~ CLERK Zoning Board of Appeals March 27, 2012 20 Middlebush Road Wappinger Falls, NY DRAFT MINUTES Members Present: Mr. Dellacorte Mr. Casella Mr. Johnston Mr. Gaiotti Member Member Member Member Absent: Mr. Prager Chairman Others Present: Mr. J. Horan Mrs. Roberti Mrs. Gale Mrs. Rose Town Attorney Zoning Administrator Secretary Secretary Motion to Open Public Hearing Motion - Mr. Casella Second - Mr. Johnston PUBLIC HEARING: Appeal No. 11-7442 - At the request of Reed Swenson who is 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 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 reauestin2 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. R. Olsen - from the Law Firm of McCabe and Mack I've provided the notices of public hearing Mr. Olsen - Described the property - 10 lot subdivision - fronts requires 75' setback Make front lots large or requesting variance. Have here the Quiet Acres subdivision similar subdivision proposed to have a town road. (addressed Mr. Casella's concern of decreasing number oflots, addressed drainage on lots). Mr. Dellacorte: This is adjacent to Daisy Lane. Mr. Olsen & Mrs. Roberti - discussed the Quite Acres subdivision - pointing out it's going to be a similar neighborhood. Mr. Dellacorte: Anybody in the audience have any questions? Laurie Morse - 6 Daisy Lane, there are others here also - we're curious has the subdivision been approved yet? Mr. Olsen - explained need for variance - we still have to go before the Planning Board, deal with drainage pond issue. Mr. Horan - If the variance were not f,Tfanted, how would that affect the houses on those lots? Mr. Olsen - First of all, it would create a much larger lot on the front because we have a 75 foot setback, we have to face the houses toward New Hackensack Road which would be out of character with the balance homes or maintain them facing in we have to have a larger lot to maintain that 75' setback. We conform with all zoning provisions, it's because we're on a county road - you require 75' setbacks. Mr. Dellacorte - Any other questions? I need a motion to close the public hearing: Mr. Casella motioned Mr. Johnston - second To adjourn the public hearing to April 10th - to have a full board here for a decision. Motion to adjourn: Mr. Casella Second - Mr. GaIotti All - Aye Appeal No. 12-7457 - At the request of William & Kathleen Neave who is seeking a variance of Section 240-37 of District Zoning Regulations R-40. _ Where a rear yard setback of 50 feet is reauired, the applicant is proposin2 a rear yard setback of 30 feet, to all an in-ground pool 45'x25'x5', thus reauestin2 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. Motion to open the public hearing Mr. GaIotti - Motioned Mr. Johnston - Second Mr. Dellacorte: Please state your name Dave Citolli: We're looking to install an in ground pool- we need 50', we have 30' We need a variance - only practical place to build it. Mr. Dellacorte: We all went out and looked at it Mr. Johnston: Questioned size of pool. Mr. Citolli: Gave the dimensions of the pool, patio and catch basin. Mr. Dellacorte: Any questions from the board? Mrs. Roberti: You've gone to the Health Department. Mr. Citolli: Yes, we have an engineer working us to relocate the expansion. Mrs. Roberti: How far are you to the spot? Mr. Citolli: It's about 30' Mrs. Roberti: Stated permit cannot be issued until we have Board of Health approval. Mr. Dellacorte: We'll be deciding the variance tonight (questions continued from board - regarding decision from Board of Health) Looking at map discussions between members and applicant Mr. Dellacorte: Any questions from the audience? Mr. Horan: Do we have legal notices in the record (Yes) Mr. Dellacorte: Can I have a motion to close the public hearing Mr. GaIotti - motioned Mr. Johnston - second Mr. Dellacorte: Can I have a motion to grant or deny the variance? Mr. Casella: I vote to grant the variance - there are no undesirable changes in the neighborhood, The variance is substantial, but there are no other feasible methods available. The variance will not have a adverse effect in the neighborhood, and the need for a variance is self-created. Also, want to stipulate a building permit not be issued until there is Board of Health approval for the relocation of the expansion of the septic fields. Mr. Johnston - Second Roll call Vote: Mr. Casella - Aye Mr. GaIotti - Aye Mr. Johnston - Aye Mr. Dellacorte - Aye Variance Granted Discussion: Appeal No. 12-7458: Dante M. DiStasio Seeking a variance of Section 240-37 of District Zoning Regulations for R-40 Zoning District. _ Where a rear vard setback of 25 feet is required, the applicant is proposin2 a rear vard setback of 23 feet. to allow the construction of a deck 24' x 12' in rear, thus reQUestin2 a variance of 2 feet. The property is located at 68 Fieldstone Loop and is identified as Tax Grid No. 6257-06-325778 in the Town of Wappinger. Mr. Dante DiStasio: I have a deck built in 1985, applied permit and was told I couldn't build as 12' as I wanted. It didn't work - I need room for my grill, table no room for people - deck has to be replaced. Mr. Dellacorte: Any questions? Mr. Casella: So you want to double the size? (Members discussed which dimensions would change) Mr. Dellacorte: Set a site inspection for April 7, 2012 at lOAM and asked Mr. DiStasio to chalk the property line and outline where the deck would be Mr. Dellacorte: Set public hearing for April 10, 2012. Public Hearin2: Appeal No. 12-7456 NYCDEP Shaft 6 - Seeking six (6) 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 (1) construction trailer is allowed, the applicant is proposin2 UP to ten i!.ID. 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) 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 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'. 4. 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. 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 reQUestin2 a variance of three (3) and four-tenths (.4) percent additional lot covera2e. Mr. Phil Simmoms - NYCDEP Bureau of Engineering Design & Construction permits division withdraw our variance #3 on the basis if we consider modular office building not being construction trailers we don't believe they are under the town code - we will not have any construction trailers. (Clarify under referenced letter - explain the balance of construction trailers).. ..may be field trailers - smaller trailers based on contractors that show up. Mr. Dellacorte: Read from letter - asking variance to be withdrawn. Asked Mrs. Roberti, if We know Mr. Simmons doesn't need a variance at this time? Mrs. Roberti: Stated "not for this - he'll have to bring up at the planning board" - was up to 1,200 sq. ft. - not being required. Mr. Dellacorte: Directed the members to strike #3 request. Mr. Horan- addressing Mrs. Roberti - With respect of lot coverage - IS this go be after construction is completed. Mrs. Roberti: Yes Mr. GaIotti: Questioned lot coverage - paved road.. Mr. Graham Hulstrad - Planning Consultant for DEP Yes - described the parking area and driveway and buildings. Mr. Dellacorte: All items - except #3 will be taken care of by the planning board. Mr. Simmons: That's our understanding as well- continue with our site plan approval process Mr. Dellacorte: Anybody in the audience have any questions - (no response) -set a site visit Mrs. Gale: Notes say March 31 st did not set time Mr. Dellacorte: Have someone meet us out there at 9AM Public Hearing set for April 10, 2012 Motion to close - Mr. GaIotti Second - Mr. Johnston Meeting ended at 8: 10PM Respectfully Submitted Michelle D. Gale Secretary - Zoning Board of Appeals 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 Secreta ry 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 Page2of5 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 Aooeal 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 vard setback of SO feet is reauired, the applicant is orooosine: a rear vard setback of 20 feet. to allow an In ground pool 20' X 40' in the rear yard, thus reauestine: a variance of 30 feet. The property is located at 140 Old Hooewell Rd. and is identified as Page 3 of5 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 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 reauired on or a State/County Hie:hway, the applicant is proposine: 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 2ih) Mr. Prager: Public hearing set for March 2ih - 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. Page6of5 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 reauired, the applicant is proposine: a side yard 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 Hopewell 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 of5 2nd Mr. Johnston AII- Aye Meeting ended 8:00PM Respectfully Submitted Michelle D. Gale Secretary - Zoning Board of Appeals