2011-06-02ZONING BOARD OF APPEALS
June 14, 2011
Amended 6-2-11
Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: ]une 14, 2011
TIME: 7:30 PM
Public Hearing:
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Appeal No. 11-7439 - At the request of Sergio Lopez who is seeking an area
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.
Appeal No. 11-7440 - At the request Jennifer McEvoy-Riley who is seeking
an area 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.
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.
Town of Wappinger Page 1
Zoning Board of Appeals Minutes of June 14, 2011
MINUTES
Town of Wappinger
Zoning Board of Appeals
June 14, 2011
Summarized Minutes
Members:
Absent:
Others Present:
Mr. Prager,
Mr. Dellacorte,
Mr. Kuzmicz,
Mr. VanTine,
Mr. Casella,
Jim Horan,
Mrs. Roberti,
Mrs. Dao,
Chairman
Member
Member
Member
Member
Town Hall
20 Middlebush Road
Wappinger Falls, NY
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Attorney ~ TOWN ®F WAPPINGER
Zoning Administrator _~ TQ'~/~/N Q~~~K
Secretary ~ `~ ""~"~~-
SUMMARY
Public Hearing:
Sergio Lopez
Jennifer McEvoy-Riley
Interpretation:
- Public Hearing closed. Decision.
- Public Hearing closed. Decision.
228 Myers Corners Road, LLC -Discussion
Town of Wappinger Page 2
Zoning Board of Appeals
Public Hearing:
Minutes of June 14, 2011
Appeal No. 11-7439 - At the request of Sergio Lopez who is seeking an area
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.
Present Sergio Lopez Owner
Mr. Prager: Are all the mailings in order?
Mrs. Dao: Yes.
Mr. Kuzmicz: Motion to open the public hearing.
Mr. VanTine: Second the motion.
Vote: All present voted aye.
Mr. Prager: Please restate what it is that you need and why.
Mr. Lopez: I am seeking a 7 foot rear setback variance. I put in the pool
prior to getting a building permit. Rocha Pools told me I
needed a 25 foot rear setback. I also put the pool in the
existing spot where a pool previously was.
Mr. Kuzmicz: Motion to close the public hearing.
Mr. Casella: Second the motion.
Vote: All present voted aye.
Mr. VanTine: Motion to grant the variance. It is not an undesirable
change to the character of the neighborhood. You are
just replacing an existing pool. It's not substantial. It's
only 7 feet. It is narrowly self-created. It's not unique to
the area. I don't see any other feasible methods. I make
a motion to grant this variance.
Town of Wappinger Pale 3
Zoning Board of Appeals y Minutes of June 14, 2011
Mr. Kuzmicz:
Roll call:
Mr. VanTine,
Mr. Kuzmicz,
Mr. Dellacorte,
Mr. Casella,
Mr. Prager,
Second the motion.
Aye.
Aye.
Aye.
Aye.
Aye.
Mr. Prager: I did see Mrs. Dao's letter that was sent to Rocha Pools
giving rules and dimensions. They have been notified and
should have no problems in the future.
Mr. Lopez: Thank you.
Appeal No. 11-7440 - At the request Jennifer McEvoy-Riley who is seeking
an area 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.
Present Jennifer McEvoy-Riley Owner
Mr. Prager: Are all the mailings in order?
Mrs. Dao: Yes.
Mr. Kuzmicz: Motion to open the public hearing.
Mr. Casella: Second the motion.
Vote: All present voted aye.
Mr. Prager: Please state your name.
Ms. McEvoy-Riley: My name is Jennifer McEvoy-Riley. I live at 17 Bowdoin
Lane. I am seeking an area variance. My property has a
right of way of Central Hudson. The only place to put
the pool is on the side. I am seeking a variance of 4 feet
instead of 20 feet.
Town of Wappinger Page 4
Zoning Board of Appeals Minutes of June 14, 2011
Mr. Prager: There are no questions or comments for or against this.
Mr. Kuzmicz: Motion to close the public hearing.
Mr. VanTine: Second the motion.
Vote: All present vote aye.
Mr. VanTine:
Mr. Kuzmicz:
Roll call:
Mr. VanTine,
Mr. Kuzmicz,
Mr. Dellacorte,
Mr. Casella,
Mr. Prager,
Mr. Prager:
Ms. McEvoy-Riley:
Interpretation:
Motion to grant the variance. It cannot be achieved
by any other means. It will not make an undesirable
change to the neighborhood. The request is
substantial. It will not have adverse environmental
effect. It's not unique to the area. I don't see any
other feasible methods. I make a motion to grant this
variance.
Second the motion.
Aye.
Aye.
Aye.
Aye.
Aye.
Your variance has been granted.
Thank you.
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.
Present Ian Lindars Attorney of McCabe and Mack
Mr. Lindars: My client is not here tonight and I would like to request to
put on your next month's agenda on July 12, 2011. A
submission was made.
Town of Wappinger Page 5
• Zoning Board of Appeals Minutes of June 14, ?011
Mr. Horan: I am handing over to Mr. Lindars copies of a resolution
dated September 27, 1999, Special Use Permit application
dated April 15, 1999 and draft minutes of the May 3, 1999
meeting. The first site plan approval March 4, 1968 deals
with the expansion of an existing garage. It says J and B
Parsons Inc. can build a concrete block garage. This
structure currently exists on the property today. There is a
second site plan approval dated June 2, 1980. There was a
discussion of a building for a proposed 2,000 square foot
showroom. A June 16, 1980 site plan amendment was
granted, subject to the following conditions. There was a
trailer on the property that can only remain on the property
for one year from the date of the resolution. Condition
number two; install a salvage yard fence to make separation
from the showroom. Condition Number five; parking shall
be delineated prior to the issuance of a building. The Town
Board denied the special use permit without holding a public
hearing. The applicant commenced an article 78 proceeding,
Decision index number 4782-1999 in Supreme Court of
Dutchess County. The decision said the town board acted
improperly in denying the application, without a public
hearing. After the decision on April 10, 2000 a discussion
was made. Mr. Roberts wrote a letter dated July 19, talking
about the uses of the property at the tune. This was one of
the final letters regarding this. After this letter was sent, Mr.
Elder, principal of Pigwon, died. The facts outlined in the
affidavit by Mr. Boric came to pass. There was a
bankruptcy filing and an IRS seizing of property. In 2005 a
conceptual site plan application was heard at the planning
board for the project Phat Custom Cycles. No approvals
were made. There was also an application for interpretation.
Mrs. Roberti: It was an interpretation with 5 or 6 variances of which you
granted 2 or 3 of them and denied the others.
Mr. Horan: I thought there might be more on the record. It seems the
letter from Mr. Roberts from July 19t" is a description of the
culmination of the prior applications. The Special Use
Permit application of 1999 was to allow Gals Construction
equipment to be on the property. The rational is the salvage
yard, that was in place, was an unsightly condition that by
Town of Wappinger Page 6
• Zoning Board of Appeals Minutes of June 14, 2011
removing the scrap type and junk materials and cleaning up
the site, using it as a contractor yard, would bring the
property more in to conformity with the zone.
Mrs. Roberti: The back piece of the property remains zoned R-40 and is
not up for any rezone.
Mr. Prager: Mrs. Dao I'd like if you can everyone on the board and
interested parties copies of the interpretation. I'd like to re-
took at the interpretation.
Mrs. Roberti: Originally they sort 5 variances. It was modified to 2
variances. The only two variances granted were for the
existing metal shed and the area for the automobile sales.
Mr. Prager: Mr. Horan do you have any more information?
Mr. Horan: I don't have anything at this time.
Mrs. Roberti: I have received an application for a used car dealership for
the front building. As long as there violations and until they
are cleared up I will not be entertaining an approval.
Mr. Casella: Did they ever put down $3,000.00 escrow?
Mrs. Dao: Yes, I received $3,000.00 for escrow.
Mrs. Roberti: Don Walsh sent it in on behalf of the owner two weeks ago.
Mr. Casella: Is there an existing business now?
Mrs. Roberti: There is a telecommunications business in the rear.
Mr. Horan: In the file associated with a special use permit before the
town board, there is a map depicting lands of Piqwon Inc.
There is a map in the file dated March 24, 1999 prepared by
John E. Railing PE. Is this consistent to what is out there
right now?
(Discussion of the map at the dais)
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• Zoning Board of Appeals Minutes of June 14, 2011
Mrs. Roberti: The R-40 section is all empty. The sheds are gone. The
bulk of use is in the middle with storage.
Mr. Prager: I would like to have a copy of the most recent survey.
Mrs. Roberti: We should have something from the planning board in the
2000's. The applicant should provide a survey map of what
is there at this time, since they are seeking approval. Mr.
Frank Cadamo is cleaning up the site. Things that were out
there in 2005 when they came in for a variance might be
removed.
Mr. Casella: Before I make an interpretation I need more information.
Mr. Horan: The map on file from 2004 has very small print.
Mr. Prager: The next meeting you' 11 have the owner here and Mr.
Lindars, you know what we need.
Mr. Kuzmicz: Motion to adjourn.
Mr. Casella: Second the motion.
Meeting ended at 8:10 PM
Respectfully Submitted,
Susan Dao, Secretary
Zoning Board of Appeals