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2012-04-10 -- (R1~CC~u~~[] NOV 01 20\2 TOWN OF WAPPINGER Town of Wappinger onini8QW.Qt6i~~". MEETING DATE: APRI~nJ;'20I2-'- TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Public Heario2: 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 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. Appeal No. 12-7456 NYCDEP Shaft 6 - Seeking five (5) 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.(Cana1e) 1. Where one (1) construction trailer is allowed, the applicant is proposin2: UP to ten {!ill temporary construction trailers to allow the NYCDEP reQuirement of multiple contractors on publiclv-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) stora2:e container is allowed, the applicant is proposin2: UP to fortv- five (45) stora2:e containers for sound miti2:ation. thus requesting a variance of forty-four (44) temporary stora2:e containers. 3. Where a side yard setback of 80 feet is reQuired for stora2:e 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 si2:na2:e in a residential nei2:hborhood, 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 si2:na2:e of thirty (30) sQuare feet. 5. Where ten (10) percent maximum lot covera2:e 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 covera2:e. Discussion: 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: 12-7460 J. Mathiasen Seeking a variance of Section 240-37 of District Zoning Regulations for R-40 Zoning District. _ Where the front yard setback of 50 feet is reQuired, the applicant is proposin2 a front yard setback of 19.3 feet. to allow the construction of an attached 2 car garage thus reQUestin2 a variance of 30.7 feet. The property is located at 8 Conner Rd. and is identified as Tax Grid No. 6157-01-038921 ill the Town of Wappinger. Appeal No. 12-7461 Co Campbell & V. Johnson Seeking a vanance of Section 240-37 of District Zoning Regulations for R-20/40 Zoning District. _ Where the front yard setback of 50 feet is reQuired, the applicant is proposin2 a front yard setback of 41 feet. to allow the demolition of front porch and construct new mudroom, thus reQUestin2 a variance of 9 feet. The property is located at 125 Curry Rd. and is identified as Tax Grid No. 6157-02-515620 ill the Town of Wappinger. Interpretation: Appeal No. 12-7459 Sinclaire & Kunzer.- Seeking an Interpretation of Section 240-37: Where the fabricating, assembling, finishing or repair of goods are not permitted in an HB zoning district. The applicant feels their business is consistent and less intensive then surrounding businesses. The property is located 767 Old Route 9 and is identified as Tax Grid No. 6157-02-524976 in the Town of Wappinger. ---- -.-- ~ _- -___, '\\ -1 C~ \C2. \.Cl::':.-.. re~ \~,~\ \~ ~ D \f"\ \. :'~ \\-> ~Q\j 01 lu\L ". pPINGER ': \O\f\IN UrWA K \10V~ \'~ C\-.E:~------ \ ~____v____.-- -.,,-. Town of Wappinger Zoning Board of Appeals Town of Wappinger Zoning Board of Appeals April 10, 2012 Summarized Minutes Members: Mr. Prager Mr. Dellacorte Mr. Casella Mr. Johnston Mr. Gaiotti Others Present: Mrs. Roberti Mrs. Rose Mr. Horan April 10, 2012 Minutes MINUTES Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Member Member Member Mem ber Zoning Administrator Secretary Attorney SUMMARY Dante M. DiStasio: NYCDEP Shaft 6 Reed Swenson James Mathiasen Campbell & Johnson Sin claire & Kunzer _ Public Hearing-Variance Granted -PubUc Hearing-Adjourned until SEQRA Report -Discussion - Moved to April 26, 2012 -Discussion - PH set April 26, 2012 -Discussion - PH set April 26, 2012 - Interpretation 1 Town of Wappinger Zoning Board of Appeals March 27, 2012 1I1embers Present: Absent: Others Present: Town Hall 20 Middlebush Road Wappinger Falls, NY DRAFT MINUTES Mr. Dellacorte Mr. Casella Mr. Johnston Mr. GaIotti Member Member Member Member M r. Prager Chairman Mr. J. Horan Mrs. Roberti Mrs. Gale Town Attorney Zoning Administrator Secretary R. Swenson Mr. & Mrs. W. Neave Mr. D. DiStasio NYCDEP SUMMARY _ Adjourned Public Hearing - April 10, 2012 _ Public Hearing Set - April 10, 2012 _ Public Hearing Set - April 10, 2012 _ Public Hearing - April 10, 2012 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: Apnea} 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 'ard setback of 75 feet is re uired on a State/Coun Hi hwa , the applicant is nroposing a front yard setback of 50 feeti to allow for the construction of new residential housing, thus reQuesting a variance of 25 feet. The property is located at New Hackensacl{ 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 of lots, addressed drainage on lots). Mr. DellacOlie: This is adjacent to Daisy Lane. Mr. Olsen & Mrs. Robelii - 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 granted, 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. DellacOlie - 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 lOth - 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 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. 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. Cito1li: 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 1 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? Me. 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 yard setback of 25 feet is required, the applicant is proposing a rear yard setback of 23 feeti to allow the construction of a deck 24' x 12' in rear, thus requesting a variance of 2 feet. The property is located at 68 Fieldstone Loo}! 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 1 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 Hearing: 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 proposing up to ten i!.Q1 temporary 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 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 batTier along one (1) propeliy line, thus requesting a temporary variance of 40'. 4. 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 signage of thirty (30) square feet. 5. Where tcn (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. 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 plmming hoard" - was up to 1,200 sq. ft. - not being required. Mr. Dellacorte: Directed the members to strike #3 request. Mr. 1-loran- addressing Mrs. Roberti - With respect of lot coverage - 1S 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: 1 aPM ~e:~l), C;lIcJz Michelle D. Gale Secretary - Zoning Board of Appeals