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ZONING BOARD OF APPEALS
May 24, 2011
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Town of Wappityel' Zoning Board of Appeals
MEETING DATE: Maly ~4, X11
TIME: 7:30 PM
Public Hearing:
Town Hall
20 Middletxnh ii~oad
Wappixp' FeILs„ NY
Appeal No. 11-7436 - At the request of Kevin Gibson who is seeking area
variances of Section 240-37 of District Zoning Regulations for R-40 Zoning.
-Where the code states...in no case shall Accessory Structures be
permitted in the front yard the applicant requests a variance for a shed in
the front yard in the size of 12'X 16' feet.
The property is located at 20 Spring Street and is identified as Tax Grid No.
5956-04-970470 in the Town of Wappinger.
Appeal No. 11-7437 - At the request of Manuel & Irene Juanilla who is
Seeking a variance of Section 240-37 of District Zoning Regulations for R-20
Zoning District.
-Where the side yard, also considered a front yard setback of 75 feet is
required from a county or state road, the applicant is proposing a front
yard setback of 40 feet, to allow for the construction of a 21 foot above
ground pool, thus requesting a variance of 35 feet.
The property is located at 2 Henry Drive. and is identified as Tax Grid No.
6157-02-832939 in the Town of Wappinger.
Discussions:
Appeal No. 11-7439
Sergio Lopez: Seeking a variance of Section 240-37 of District Zoning
Regulations for 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 the construction of a
24' above ground pool, thus requesting a variance of 7 feet.
The property is located at 34 Martin Drive and is identified as Tax Grid No.
6258-02-963888 in the Town of Wappinger.
1
ZONING BOARD OF APPEALS
May 24, 2011
Appeal No. 11-7440
Jennifer McEvoy-Riley: Seeking a variance of Section 240-37 of District
Zoning Regulations for R-20 Zoning District.
-Where a side vard setback of 20 feet is required, the applicant is
proposing a side vard setback of 4 feet, to allow for the construction of a
15' x 30' above ground pool, thus requesting a variance of 16 feet.
The property is located at 17 Bowdoin Lane and is identified as Tax Grid
No. 6057-02-801553 in the Town of Wappinger.
Interpretation:
Appeal No. 11-7438
228 Myers Corners Road, LLC -Seeking an Interpretation of Section 240-
16: Nonconforming uses and structures, Town of Wappinger Zoning Code as
to the use of the 6.27 acres of property, 3.5 acres are in the NB Zone, and
2.77 acres are in the R-40 Zone. The property is located 228 Myers
Corners Road and is identified as Tax Grid No. 6258-02-702520 in the
Town of Wappinger.
2
Town of Wappinger Page 1
~~ Zoning Board of Appeals Minutes of May 24, 2011
MINUTES
Town of Wappinger
Zoning Board of Appeals
May 24, 2011
Summarized Minutes
Members:
Absent:
Others Present:
Mr. Prager,
Mr. DellaCorte,
Mr. VanTine,
Mr. Casella,
Mr. Kuzmicz,
Mr. Horan,
Mrs. Roberti,
Mrs. Dao,
Town Hall
20 Middlebush Road
Wappinger Falls, NY
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Zoning Administrator
Secretary
SUMMARY
Kevin Gibson:
Manuel & Irene Juanilla:
Sergio Lopez:
- Public Hearing closed. Decision.
- Public Hearing closed. Decision.
- Discussion - PH set June 14, 2011
Public Hearing:
Town of Wappinger Page 2
• Zoning Board of Appeals Minutes of May 24, 2011
Appeal No. 11-7436 - At the request of Kevin Gibson who is seeking area variances of
Section 240-37 of District Zoning Regulations for R-40 Zoning.
-Where the code states...in no case shall Accessory Structures be permitted in the front
yard the applicant requests a variance for a shed in the front yard in the size of 12'X 16'
feet.
The property is located at 20 Springy Street and is identified as Tax Grid No. 5956-04-
970470 in the Town of Wappinger.
Mr. Prager: Are all the mailings in order?
Mrs. Dao: Yes they are.
Mr. Casella: Motion to open the public hearing.
Mr. De1laCorte: Second the motion.
Vote: All present voted aye.
Mr. Prager: We all went out to do a site inspection. Please explain why you are
here.
Mr. Gibson: I want to build a 12' X 16' shed off my driveway. My driveway
approaches my house from the side. I need a variance.
Mr. Prager: At our last meeting I asked why you couldn't put the shed in the back
but now after a site inspection I understand why you want to put it
there. Are the any questions? Let the records show there is no one to
speak for or against it.
Mr. Horan: Mike Kuzmicz is now present.
Mr. Kuzmicz: Motion to close the public hearing.
Mr. Casella: Second the motion.
Vote: All present voted aye.
Mr. Casella: Motion to grant the variance. This will not produce an
undesirable change to the neighborhood. It's not unique to other
properties. The request is not substantial. It does not have an
adverse impact to the physical environment. I make a motion to
grant this variance.
Mr. Kuzmicz: Second the motion.
ZBA Roll Call: Mr. Casella: Aye.
Mr. Kuzmicz: Aye.
Mr. Prager: Aye.
Mr. De1laCorte Aye.
Mr. VanTine Aye.
Mr. Prager: The front driveway is long. It would be hard to snowplow. Due to the
driveway condition I grant the variance.
Mr. Gibson: Thank you.
Town of Wappinger Page 3
• Zoning Board of Appeals Minutes of May 24, 2011
Appeal No. 11-7437 - At the request of Manuel & Irene Juanilla who is Seeking a
variance of Section 240-37 of District Zoning Regulations for R-20 Zoning District.
-Where the side vard, also considered a front vard setback of 75 feet is required from a
county or state road, the applicant is proposing a front vard setback of 40 feet, to allow
for the construction of a 21 foot above ground pool, thus requestinE a variance of 35 feet.
The property is located at 2 Henry Drive. and is identified as Tax Grid No. 6157-02-832939
in the Town of Wappinger.
Mr. Prager: Are all the mailings in order?
Mrs. Dao: Yes they are.
Mr. Casella: Motion to open the public hearing.
Mr. De1laCorte: Second the motion.
Vote: All present voted aye.
Mr. Juanilla: We want to put a pool on our property and therefore need a variance.
Mr. Prager: Did everyone go out to do a site visit? I don't think it will be any
closer to the road than the house is.
Mr. Casella: It is the best available place to put the pool.
Mr. Kuzmicz: I concur with everything that was said. Let the record reflect there is
no one in the audience to speak for or against this.
Mr. Casella: Motion to close the public hearing.
Mr. Kuzmicz: Second the motion.
Vote: All present voted aye.
Mr. VanTine: Motion to grant the variance. It can't be achieved any other way.
This will not produce an undesirable change to the neighborhood.
It's not unique to other properties. The request is not substantial.
It does not have an adverse impact to the physical environment.
The difficulty is self created.
Mr. Kuzmicz: Second the motion.
Vote: All present voted aye.
Discussions•
Appeal No. 11-7439
Sergio Lopez: Seeking a variance of Section 240-37 of District Zoning Regulations for R-20
Zoning District.
-Where a rear vard setback of 40 feet is required, the applicant is proposing a rear vard
setback of 33 feet, to allow for the construction of a 24' above ground pool, thus requesting
a variance of 7 feet.
Town of Wappinger Page 4
• Zoning Board of Appeals Minutes of May 24, 2011
The property is located at 34 Martin Drive and is identified as Tax Grid No. 6258-02-
963888 in the Town of Wappinger.
Mr. Casella: I am his neighbor for the record. I live on Sabra Lane and no way will
it affect my opinion.
Mr. Prager: Thank you for bringing that to our attention. Mr. Lopez please explain
why you are here.
Mr. Lopez: I bought a pool at the end of the season. It was a floor model and I got
a great deal. $1,800. I hired Rocha Pool to install and was told I only
needed 25' from the rear property line. In 1975 there was a pool in the
same spot.
Mr. Kuzmicz: Let's set up a site visit.
Mr. Prager: Site visit on May 28, 2011. Public hearing scheduled for June 14,
2011. Mrs. Dao, please send a letter to Rocha Pool letting him know
the setback requirements.
Mr. Lopez: Thank you.
Appeal No. 11-7440
Jennifer McEvoy-Riley: Seeking a variance of Section 240-37 of District Zoning
Regulations for R-20 Zoning District.
-Where a side yard setback of 20 feet is required, the applicant is proposing a side yard
setback of 4 feet, to allow for the construction of a 15' x 30' above ground pool, thus
requesting a variance of 16 feet.
The property is located at 17 Bowdoin Lane and is identified as Tax Grid No. 6057-02-
801553 in the Town of Wappinger.
Mr. Prager: Please explain why you are here.
Ms. McEvoy-Riley: I have two septic tanks and power lines. Central Hudson owns the
middle of the yard. Out of 106' they own 100'. The side yard is the
only place to put the pool.
(Discussion at the dais showing map)
Mr. Prager: There will be a site inspection on May 28, 2011 at 9:30am.
Mr. Casella: Are there any dogs?
Ms. McEvoy-Riley: No dogs. Thank you.
Mr. Prager: A Public hearing is scheduled for June 14, 2011.
Mr. Prager: Motion to go into executive session for legal advice.
Town of Wappinger Page 5
-Zoning Board of Appeals Minutes of May 24, 2011
Mr. Kuzmicz: Second the motion.
Vote: All present voted aye.
Mr. Prager: Motion to come out of executive session.
Mr. Kuzmicz: Second the motion.
Vote: All present voted aye.
Interpretation:
Appeal No. 11-7438
228 Mvers Corners Road. LLC - Seeking an Interpretation of Section 240-16:
Nonconforming uses and structures, Town of Wappinger Zoning Code as to the use of the
6.27 acres of property, 3.5 acres are in the NB Zone, and 2.77 acres are in the R-40 Zone.
The property is located 228 Mvers Corners Road and is identified as Tax Grid No. 6258-
02-702520 in the Town of Wappinger.
Mr. Prager: We are asking 228 Myers Corners LLC to provide an escrow of
$3,000 and provide a site plan with the building usage. We need a
letter to come to the June 14, 2011 meeting. Mr. Horan please give us
the information early before the meeting for direction.
Mr. VanTine: Motion to adjourn.
Mr. Prager: Second the motion.
Meeting ended at 9:00 PM
Respectfully Submitted,
Susan Dao, Secretary
Zoning Board of Appeals