2012-04-13
ZONING BOARD OF APPEALS
April 13,2010
Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: April 13, ...
TIME: 7:30 PM ~~CG~~\w~[Q)
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Public Hearin2s:
NOV 01 2012
Appeal No. 10-7415 TOWN OF VV~\PPINGER J
Michael Bettina- Seeking an are variafrt1~ftaElR~.of D strict Regulations in an
R-20 Zoning District. ._.......
- Where a rear yard setback of 40 feet is reQuired, the applicant is proposin2 a rear
yard setback of 33 feet. to allow for an existing 20' X 40' inground pool, thus
reQUestin2 a variance of 7 feet.
The property is located at 131 Chelsea Road and is identified as Tax Grid No. 6056-03-
475482 in the Town of Wappinger.
Appeal No. 10-7416
Paul & Mary Ott : Seeking an variance of Section 240-37 of District Zoning Regulations
for R-15 Zoning.
- Where a rear yard setback of 30 feet is reQuired, the applicant is proposin2 a rear
yard setback of 10 feet. to allow for an 18' X 33' AG pool, thus reQuestin2 a variance
of 20 feet.
- Where a side yard setback of 15 feet is reQuired, the applicant is proposin2 a side
yard setback of 10 feet. to allow for an 18' X 33' AG pool, thus reQUestin2 a variance
of 5 feet.
- Where a side yard setback of 15 feet is reQuired, the applicant is proposin2 a side
yard setback of 8 feet. to allow for a 10' X 25' deck, thus reQUestin2 a variance of 7
feet.
The property is located at 45 Helen Drive and is identified as Tax Grid No. 6158-02-
760874 in the Town of Wappinger.
Discussions:
Appeal No. 10-7417
Performance Motors- Seeking area variances of Section 240-37, 240-70(C) & 240-67(C)
of District Regulations in an HB Zoning District.
- Where overhead 2ara2e doors providin2 access to service and repair facilities shall
not be located facin2 any street and shall be visually buffed from surroundin2
residential districts, the applicant is proposing three overhead 2ara2e doors to be
located facin2 Old Route 9.
- Where a front yard setback of 75 feet is reQuired on a County or State Road, the
applicant is proposin2 a front yard setback of 18.3 feet. to allow for a proposed 30' X
50' replacement garage, thus reQUestin2 a variance of 56.7 feet.
The property is located at 1401 Route 9 and is identified as Tax Grid No. 6157-02-
598726 in the Town of Wappinger.
ZONING BOARD OF APPEALS
April 13, 2010
Appeal No. 10-7418
Dutchess County Pistol Assoc.: Seeking area variances of Section 240-370fDistrict
Regulations in an R-40 Zoning District.
-Where a front vard setback of 100 feet is reauired in a residential district (50 feet X
~, the applicant is proposine. a front yard setback of 31.2 feet. to allow for a proposed
replacement of partial building for an overhang, thus reauestine. a variance of 68.8 feet.
The property is located at 47 St. Nicholas Road and is identified as Tax Grid No. 6258-
01-290900 of Wappinger.
2
T(~wn of Wappinger
Zoning Board of Appeals
Page 1
Minutes of April 13, 2010
MINUTES
Town of Wappinger
Zoning Board of Appeals
April 13, 2010
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. Prager, Chairman
Mr. McVeigh, Member fRi~CG~DW~[t])
Mr. Casella, Member I
Absent Members: NOV 01 2012
Mr. DellaCorte, Vice-Chairman
Mr. Kuzmicz, Member TOWN OF WAPPINGER
Others Present: Mrs. Roberti, Secretary TOWN CLERK
SUMMARY
Public Hearin2S:
Michael Bettina
- Variance Granted.
Paul & Marv Ott
- Variances Granted.
Discussions:
Performance Motors
-Public Hearing on April 2ih, 2010.
T\)wn of Wappinger
Zoning Board of Appeals
Page 2
Minutes of April 13, 20 I 0
Appeal No. 10-7415
Michael Bettina- Seeking an area variance of Section 240-37 of District
Regulations in an R-20 Zoning District.
-Where a rear yard setback of 40 feet is reQuired, the applicant is
proposing a rear yard setback of 33 feet. to allow for an existing 20' X
40' in-ground pool, thus reQuesting a variance of 7 feet.
The property is located at 131 Chelsea Road and is identified as Tax Grid
No. 6056-03-475482 in the Town of Wappinger.
Mr. Prager:
Mrs. Roberti:
Mr. McVeigh:
Mr. Casella:
Vote:
Mr. Bettina:
Mr. Prager:
Mr. Casella:
Mr. McVeigh:
Vote:
Mr. Casella:
Mr. McVeigh:
ZBA Roll Call:
Are the mailings in order?
Yes they are.
Motion to open the public hearing.
Second the motion
All present voted aye.
We are trying to sell the house and there is an in-ground
pool that has been here for over 30 years. We found out
in this process that we do not have the proper setbacks.
Are there any questions from the board? Hearing none.
We did a si~e visit and the property behind you is very
wooded. Is there anyone in the audience with a question
or comment? Hearing none.
Motion to close the public hearing.
Second the motion.
All present voted aye.
Motion to grant the variance. This is not undesirable
to the neighborhood, it has been there for 30 years so
there are no other feasible methods to correct this
short of filling it in. This is not substantial either so
for these reasons I make the motion to grant this.
Second the motion
Mr. McVeigh: Aye.
Mr. Casella: Aye.
Mr. Prager: Aye.
Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of April 13, 2010
Appeal No. 10-7416
Paul & Mary OU : Seeking an variance of Section 240-37 of District
Zoning Regulations for R-15 Zoning.
- Where a rear yard setback of 30 feet is reQuired, the applicant is
proposing a rear yard setback of 10 feet, to allow for an 18' X 33' AG
pool, thus reQuesting a variance of 20 feet.
- Where a side yard setback of 15 feet is reQuired, the applicant is
proposing a side yard setback of 10 feet, to allow for an 18' X 33' AG
pool, thus reQuesting a variance of 5 feet.
- Where a side yard setback of 15 feet is reQuired, the applicant is
proposing a side yard setback of 8 feet, to allow for a 10' X 25' deck, thus
reQuesting a variance of 7 feet.
The property is located at 45 Helen Drive and is identified as Tax Grid No.
6158-02-760874 in the Town of Wappinger.
Mr. Prager:
Are the mailings in order?
Mrs. Roberti:
Yes they are.
Mr. Casella:
Mr. McVeigh:
Vote:
Motion to open the public hearing.
Second the motion
All present voted aye.
Mr. Prager:
We went out for a site visit to your property. I actually
surprised your daughter the day I went.
Mr. Ou:
I need the variance for an above ground pool I want to
install. I need the variances because my yard has a
large leech field which takes up most of the yard.
Mr. Prager:
Looking at your map and with also having done the site
visit, your correct with regard to the septic area.
Mr. McVeigh:
I saw that you already have the privacy fence there as
well.
Mr. Casella:
What is behind you?
Tnwn of Wappinger
Zoning Board of Appeals
Mr. Ott:
Mr. Prager:
Mr. Casella:
Mr. McVeigh:
Vote:
Mr. McVeigh:
Mr. Casella:
ZBA Roll Call:
Mr. Ott:
Page 4
Minutes of April 13, 2010
That is the town pump house.
Are there any comments from the audience? Hearing
none.
Motion to close the public hearing.
Second the motion.
All present voted aye.
Motion to grant the variance. This will not be
detrimental to the neighborhood. This will not be
undesirable in the yard either. Even though this is
self-created it is not substantial and there really is no
other place to put this.
Second the motion
Mr. McVeigh: Aye.
Mr. Casella: Aye.
Mr. Prager: Aye.
Thank you.
Appeal No. 10-7417
Performance Motors- Seeking area variances of Section 240-37, 240-70(C)
& 240-67(C) of District Regulations in an HB Zoning District.
- Where overhead garage doors providing access to service and repair
facilities shall not be located facing any street and shall be visually
buffed from surrounding residential districts, the applicant is proposing
three overhead garage doors to be located facing Old Route 9.
- Where a front yard setback of 75 feet is reQuired on a County or State
Road, the applicant is proposing a front yard setback of 18.3 feet. to
allow for a proposed 30' X 50' replacement garage, thus reQuesting a
variance of 56.7 feet.
The property is located at 1401 Route 9 and is identified as Tax Grid No.
6157-02-598726 in the Town of Wappinger.
Mr. DiNonno:
I am here representing Performance Motors. They are
looking to replace their existing garage with a new one of
almost the same size.
. 'Fawn of Wappinger
Zoning Board of Appeals
Page 5
Minutes of April 13, 20 I 0
Discussion followed with presentation qf lrvhat the new
garage would look like and location on the approved site
plan map.
Mr. Prager:
This looks minor but we will still do a site visit and set
your public hearing for April 2ih, 20 I O.
Mr. DiNonno:
Thank you.
Mr. McVeigh:
Mr. Casella:
Vote:
Motion to adjourn.
Second the motion
All present voted aye.
Meeting ended at 8 :00 PM
Respe~tfully Submitted,
~ '~J/ ' /~~Jz~'/A/0 /
('--fIL'~~./C::( (..?'t ?ojU/. /l
Barbara Roberti, Secretary
Zoning Board of Appeals