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Town of Wappinger Zoning Board of Appeals
MEETING DATE: 7uly 12, 2011
TIME: 7:30 PM
Public Hearing:
ZONING BOARD OF APPEALS
July 12, 2011
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Appeal No. 11-7435 - At the request of Bruce & Josephine Ramsay who
is seeking a variance of Section 240-37 of District Zoning Regulations for R-
40 Zoning District.
-Where a rear yard setback of 50 feet is required, the applicant is
proposing a rear yard setback of 45 feet, to allow for the construction of a
rear screened in porch, thus requesting a variance of 5 feet.
The property is located at 2 Taryl Ct. and is identified as Tax Grid No.
6358-01-102523 in the Town of Wappinger.
Appeal No. 11-7441 - At the request of Clarence Smith who is seeking a
variance of Section 240-37 of District Zoning Regulations for R-20 Zoning
District.
-Where a side yard setback of 10 feet is required, the applicant is
proposing a side yard setback of 4feet 5 inches, to allow a for a 8' x 12'
shed in the side yard, thus requesting a variance of 5 feet seven inches.
The property is located at 2 Gary Place and is identified as Tax Grid No.
6258-01-094644 in the Town of Wappinger.
Appeal No. 11-7443 - At the request of Robert Kunkel who is 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 14.8 feet, to allow for the construction of
an second floor addition over an existing garage, thus requesting a
variance of 5.2 feet.
The property is located at 6 Amherst Ln. and is identified as Tax Grid No.
6057-02-700531 in the Town of Wappinger.
ZONING BOARD OF APPEALS
July 12, 2011
Discussions:
Appeal No. 11-7444
Tasha Cucinelli: 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 23 feet 8 inches, to allow for the
construction of a 15' X 24' above ground pool, thus requesting a variance
of 16 feet 4 inches.
and
-Where a side yard setback of 20 feet is required, the applicant is
proposing a side yard setback of 18 feet, to allow for the construction of a
15' X 24' above ground pool, thus requesting a variance of 2 feet.
The property is located at 10 Suchich Place and is identified as Tax Grid
No. 6157-02-870538 in the Town of Wappinger.
Appeal No. 11-7445
Kurien Oommen: 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 15 feet 6 inches, to allow for the
construction of a 12'8" X 15' 11" sunroom, thus requesting a variance of 4
feet 6 inches.
The property is located at 46 Robert Lane and is identified as Tax Grid No.
6158-04-913165 in the Town of Wappinger.
Appeal No. 11-7446
Linda Hall: Seeking a variance of Section 240-37 of District Zoning
Regulations for R-20/40 Zoning District.
-Where a front yard setback of 50 feet is required, the applicant is
proposing a front yard setback of 38 feet, to allow for the construction of a
10' X 10' front deck, thus reguesting a variance of 12 feet.
The property is located at 143 Curry Road and is identified as Tax Grid No.
6157-O1-460625 in the Town of Wappinger.
2
Town of Wappinger Page 1
Zoning Board of Appeals Minutes of July 12, 2011
MINUTES
Town of Wappinger
Zoning Board of Appeals
July 12, 2011
Summarized Minutes
Members:
Absent:
Others Present:
Mr. Prager,
Mr. Kuzmicz,
Mr. Casella,
Mr. De1laCorte,
Mr. VanTine,
Mrs. Roberti,
Mrs. Dao,
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman n~
Member (~ ~~~
Member ~~
Member ~-O N~ ~ d Y 212
Member T N OF
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CORK
Zoning Administrator
Secretary
SUMMARY
Bruce & Josephine Ramsav:
Clarence Smith:
Robert Kunkel:
Tasha Cucinelli:
Kurien Oommen:
Linda Hall:
- Public Hearing closed. Decision.
- Public Hearing closed. Decision.
- Public Hearing closed. Decision.
- Public Hearing on July 26, 201 1.
- Public Hearing on July 26, 2011.
- Public Hearing on July 26, 201 1.
Town of Wappinger Page 2
Zoning Board of Appeals Minutes of July 12, 2011
Public Hearin:
Appeal No. 11-7435 - At the request of Bruce & Josephine Ramsay who is seeking a
variance of Section 240-37 of District Zoning Regulations for R-40 Zoning District.
-Where a rear yard setback of 50 feet is required, the applicant is proposing a rear vard
setback of 45 feet, to allow for the construction of a rear screened in porch, thus requesting
a variance of 5 feet.
The property is located at 2 Taryl Ct. and is identified as Tax Grid No. 6358-01-102523 in
the Town of Wappinger.
Mr. Prager: Are all the mailings in order?
Mrs. Dao: Yes they are.
Mr. Kuzmicz: Motion to open the public hearing.
Mr. VanTine: Second the motion.
Vote: All present voted aye.
Mr. Prager: Please explain what you need and why.
Mr. Ramsay: I want to replace a screened porch. I need a 5 foot variance.
Mr. Prager: We all visited the site. Is there anyone in the audience that would like
to speak for or against this variance? Let the record show there is no
one for against this variance. Do I have a motion to close the public
hearing?
Mr. Kuzmicz: Motion to close the public hearing.
Mr. Casella: Second the motion.
Vote: All present voted aye.
Mr. Kuzmicz: Motion to grant the variance. We've been out there. 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. It is not
self created. I make a motion to grant this variance.
Mr. Casella: Second the motion.
ZBA Roll Call: Mr. Casella: Aye.
Mr. Kuzmicz: Aye.
Mr. Prager: Aye.
Appeal No. 11-7441 - At the request of Clarence Smith who is seeking a variance of
Section 240-37 of District Zoning Regulations for R-20 Zoning District.
-Where a side vard setback of 10 feet is required, the applicant is proposing a side vard
setback of 4feet 5 inches, to allow a for a 8' x 12' shed in the side yard, thus requesting a
variance of 5 feet seven inches.
Town of Wappin~~er Page 3
Zoning Board of Appeals Minutes of July 12, 2011
The property is located at 2 Garv Place and is identified as Tax Grid No. 628-01-094644
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. Kuzmicz: Second the motion.
Vote: All present voted aye.
Mr. Prager: Please state your name and explain what you need and why.
Mr. Smith: My name is Clarence Smith and I need a variance for my shed.
Mr. Prager: We were all out to the property. There aren't too many other places to
put the shed. Is there anyone in the audience that would like to speak
for or against this variance? Let the record show there is no one for
against this variance. Do I have a motion to close the public hearing?
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. It is self created. 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.
Anneal No. 11-7443 - At the request of Robert Kunkel who is 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 pronosing a side yard
setback of 14.8 feet, to allow for the construction of an second floor addition over an
existing garage, thus requesting a variance of 5.2 feet.
The property is located at 6 Amherst Ln. and is identified as Tax Grid No. 6057-02-70031
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.
Town of Wappinger Page 4
Zoning Board of Appeals Minutes of July 12, 2011
Mr. Kuzmicz: Second the motion.
Vote: All present voted aye.
Mr. Cappelli: My name is Alfred Cappelli, Architect for Mr. Robert Kunkel.
Mr. Prager: We all looked at it. You are going up over the garage.
Mr. Cappelli: Correct. We only need a variance for going up not out.
Mr. Kuzmicz: You already have a variance for the garage.
Mr. Prager: Is there anyone in the audience that wants to speak? There is no one in
the audience to speak for or against this variance.
Mr. Casella: Motion to close the public hearing.
Mr. Kuzmicz: Second the motion.
Vote: All present voted aye.
Mr. Kuzmicz: Motion to grant the variance. There has already been a variance
for the existing garage. The request is not substantial based upon
that. It is an extension of a variance that has already been
granted. This will not produce an undesirable change to the
neighborhood. It does not have an adverse impact to the physical
environment. I make a motion to grant this variance.
Mr. Casella: Second the motion.
ZBA Roll Call: Mr. Casella: Aye.
Mr. Kuzmicz: Aye.
Mr. Prager: Aye.
Discussions•
Anneal No. 11-7444
Tasha Cucinelli: 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 23 feet 8 inches, to allow for the construction of a 15' X 24' above ground pool,
thus requesting a variance of 16 feet 4 inches.
and
-Where a side yard setback of 20 feet is required, the applicant is proposing a side yard
setback of 18 feet, to allow for the construction of a 15' X 24' above ground pool, thus
requesting a variance of 2 feet.
The property is located at 10 Suchich Place and is identified as Tax Grid No. 6157-02-
870538 in the Town of Wappinger.
Mr. Bochar: My name is Mike Bochar and I am the father of Ms. Cucinelli. The
yard is a considerable size but the pool setbacks require a variance.
Town of Wappinger Page 5
Zoning Board of Appeals Minutes of July 12, 2011
Mr. Prager: We would like to make a site visit. Can you mark in the ground where
the pool is proposed and also mark out the property line. What is the
play area on the map?
Mr. Bochar: A slide and swing set for their kids.
Mr. Prager: I see there is a shed on the property.
Mr. Bochar: The shed was moved.
(Discussion took place at the dais to discuss location of the shed)
Mrs. Roberti: When was the shed moved? The survey shows the shed off the
property.
Mr. Prager: Please have it marked out by Saturday July 16, 2011 for a site visit.
We will have a public hearing on July 26, 2011.
Mr. Bochar: Thank you.
Mrs. Dao: Please come into the office to receive the public hearing information.
Anneal No. 11-7445
Kurien Oommen: 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 pronosin~ a side vard
setback of 15 feet 6 inches to allow for the construction of a 12'8" X 15' 11" sunroom, thus
requesting a variance of 4 feet 6 inches
The property is located at 46 Robert Lane and is identified as Tax Grid No. 6158-04-
913165 in the Town of Wappinger.
Mr. Prager: Explain what it is you need.
Mr. Oommen: We would like to replace our screened porch with a sunrooin with
windows.
Mr. Prager: You are replacing on the same footprint. It will be the same size.
Mr. Oommen: Yes, the same size.
Mrs. Roberti: Prior to 2000, a building permit from the prior owner was issued and
was not measured correctly. This owner wants to make it legal.
Mr. Prager: Who filed the plot plan?
Mr. Oommen: The construction company.
Town of Wappinger Page 6
Zoning Board of Appeals Minutes of July 12, 2011
Mr. Prager: We will make a site visit on Saturday July 16, 2011. Can we go on the
property?
Mr.Oommen: Yes.
Mr. Prager: We will have a public hearing on July 26, 2011.
Mr. Oommen: Thank you.
Appeal No. 11-7446
Linda Hall: Seeking a variance of Section 240-37 of District Zoning Regulations for R-
20/40 Zoning District.
-Where a front yard setback of ~0 feet is required, the applicant is pro~osin~ a front yard
setback of 38 feet, to allow for the construction of a 10' X 10' front deck, thus requestinE a
variance of 12 feet.
The property is located at 143 Curry Road and is identified as Tax Grid No. 6157-01-
460625 in the Town of Wappinger.
Mr. Prager: Explain what you need.
Ms. Hall: I took the steps off because they were deteriorated and had no hand
rail. I want to replace it with a 10 foot by 10 foot deck. It will make it
look better.
Mr. Prager: Do you know where the front property line is?
(Discussion took place at the dais showing the property line on a plot plan.)
Ms. Hall: Do you want me to mark the property line?
Mrs. Roberti: Come into my office and we will discuss if we have a survey.
Mr. Prager: We would like to know for sure where the property line is. We will
make a site visit on Saturday July 16, 2011. We will have a public
hearing on July 26, 2011.
Ms. Hall: Thank you.
Mr. Kuzmicz: Motion to adjourn.
Mr. Casella: Second the motion
Meeting ended at 8:30 PM
Respectfully Submitted,
Susan Dao, Secretary
Zoning Board of Appeals