2011-03-08ZONING BOARD OF APPEALS
March 8, 2011
Amended on 3-3-11
Agenda
Town of Wappinger Zoning Board of Appeals Town Hall
MEETING DATE: March 8, 2011 20 Middlebush Road
TIME: 7:30 PM Wappinger Falls, NY
Approval of minutes for January 11, 2011
February 8, 2011
Discussions:
Appeal No. 11-7433
BVM Builders Inc.: Seeking an variance of Section 240-37 of District
Zoning Regulations for CC Zoning District.
-Where a front yard setback of 75 feet is required, the applicant is
proposing a front yard setback of 70 feet, to allow for a front overhang and
columns on a new professional building, thus requesting a variance of 5
feet.
The property is located at 2054 Route 9D and is identified as Tax Grid No.
6056-02-783920 in the Town of Wappinger.
Appeal No. 10-7430
A.W. Scrap Processors, Inc. -Seeking an Interpretation of Section 240-
16(B) (1): Nonconforming uses and structures, Town of Wappinger Zoning
Code as to the use of the 4 acre southern portion of the property. The
property is located 1978 Route 9D and is identified as Tax Grid No. 6056-
02-688723/721673/680695 in the Town of Wappinger. (Sarcone)(PH open &
closed 2-8-11).
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Town of Wappinger Page 1
Zoning Board of Appeals Minutes of March 8, 2011
Town of Wappinger
Zoning Board of Appeals
March 8, 2011
Summarized Minutes
Members:
Others Present:
MINUTES
Mr. Prager,
Mr. De1laCorte,
Mr. Kuzmicz,
Mr. Casella,
Mr. VanTine,
Mr. Horan,
Mrs. Roberti,
Mrs. Dao,
Town Hall
20 Middlebush Road
Wappinger Falls, NY
NOU G 1 2~i2
TOWN OF INAPPINGER
N LLERK
Town Attorney
Zoning Administrator
Secretary
SUMMARY
Public Hearings -Interpretation:
A. W. Scrap Processors:
Miscellaneous:
Chairman
Member
Member
Member
Member
[~CC~~~MC~D
- Public Hearing closed. Decision.
-Minutes accepted for January 1 1, 2011
February 8, 2011
Town of Wappinger Page 2
Zoning Board of Appeals Minutes of March 8, 2011
Mr. Prager: First on the agenda is the approval of minutes for January 11, 2011 and
February 8, 2011.
Mr. Kuzmicz: Motion to approve the minutes for January 11, 2011 & February 8,
2011
Mr. Dellacorte Second the motion.
Vote: All present voted aye.
Discussions•
Aapeal No. 11-7433
BVM Builders Inc.: Seeking an variance of Section 240-37 of District Zoning Regulations
for CC Zoning District.
-Where a front yard setback of 75 feet is required, the applicant is prouosin~ a front yard
setback of 70 feet, to allow for a front overhang and columns on a new professional
building, thus reauestin~ a variance of 5 feet.
The property is located at 2054 Route 9D and is identified as Tax Grid No. 6056-02-783920
in the Town of Wappinger.
Present John Mirabilio Applicant
Mr. Mirabilio: The reason I am here is because I need a variance for my building that
I already started.
Mr. Pager: Tell me about the building.
Mr. Mirabilio: This is an office. The engineer didn't plot the building on the map
properly. I need four columns in front of the building. The engineer
didn't measure from the property line. The rear of the building would
encroach into the wetlands if the building were moved.
Mr. Pager: Is there anything there now?
Mr. Mirabilio: The foundation is built.
Mr. Dellacorte: Can you mark it out for us to see at a site visit?
Mr. Prager: Put stakes where the columns are proposed. We will make a site visit
of your property on March 12, 2011, Saturday at 9:OOam. Next
meeting, there will be a public hearing on March 22, 2011.
Mr. Mirabilio: Thank you.
Mr. Prager: The next item on the agenda is A.W. Scrap Processors. We had closed
the public hearing and are supposed to give a decision for the
interpretation. I want to have a quick executive session to talk about
Town of Wappinger Page 3
Zoning Board of Appeals
legal information.
Mr. Kuzmicz: Motion to go into executive session.
Mr. Casella: Second the motion
Vote: All present voted aye.
Mr. Kuzmicz: Motion to come out of executive session.
Mr. Casella: Second the motion
Vote: All present voted aye.
Minutes of March 8, 2011
Aupeal No. 10-7430
A.W. Scrag Processors, Inc. - Seeking an Interpretation of Section 240-16(B) (1):
Nonconforming uses and structures, Town of Wappinger Zoning Code as to the use of the 4
acre southern portion of the property. The property is located 1978 Route 9D and is
identified as Tax Grid No. 6056-02-688723/721673/680695 in the Town of Wappinger.
(Sarcone)(PH open & closed 2-8-11).
Present: John Sarcone Attorney
Mr. Prager: No action was taken in executive session. We have a decision; I would
like to read portions of it. I have a total of our decision that will be put
into the records. It explains the premises and the people that testified
at our last meeting. I am going to read the last portion of the decision.
The last page starts at "decision".
Mr. Prager read out loud to the public the last page of the decision. ...It is the determination
of this Board that the use of this parking area on Lot 680695, as shown
on the site plan is a continuation of a legally pre-existing non-
conforming use that predates the Town of Wappinger Zoning
Ordinance that was adopted in 1963... this Board wishes to inform the
Planning Board that it should consider imposing the following
condition in its resolution of site plan approval... no use of Lot 680695
should be made other than what is shown on the site plan. AW Scrap
should be required to file a declaration in the Office of the Dutchess
County Clerk setting forth at length that condition and provide for
penalties for violation of the condition...
Mr. Prager: Has everyone in our group read this? Are there any additions or
changes that want to be made? If not; can I have a motion to accept
the decision for interpretation?
Mr. Casella: Motion to accept the interpretation.
Mr. VanTine: Second the motion
Vote: All present voted aye.
Mr. Sarcone: Thank you.
Town of Wappinger Page 4
' Zom'iig Board of Appeals Minutes of March 8, 2011
Mr. Prager: What happened with Mr. Indorf and his pool application from a couple
of meetings ago?
Mrs. Roberti: I issued a Stop Work Order to him. The gentleman moved his
driveway without any permits. The back lot is land locked. His wife
wants a pool. He hired an engineer to put a driveway to the back to
where it was originally approved. That is the easiest and least
expensive way to fix the problem.
Mr. Horan: What was the variance for?
Mrs. Roberti: The rear setback requires 50' to the property line. She wants it at 22'
to the rear. This would be the front yard of the rear lot.
Mr. Kuzmicz: Motion to adjourn.
Mr. Casella: Second the motion
Meeting ended at 8:00 PM
Respectfully Submitted,
Susan Dao, Secretary
Zoning Board of Appeals