2011-07-26
NOV O 1 2012
Amended 7-
WN OF WAPPINGER
TOWN ~~a
ZONING BOARD OF APPEALS
July 26, 2011
Town of Wappinger Zoning Board of Appeals Town Hall
MEETING DATE: 7uly 26, 2011 20 Middlebush Road
TIME: 7:30 PM Wappinger Falls, NY
Public Hearing:
Appeal No. 11-7444 At the request of Tasha Cucinelli who is 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 At the request of Kurien Oommen 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 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 At the request of Linda Hall who is 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 requesting a variance of 12 feet.
ZONING BOARD OF APPEALS
July 26, 2011
The property is located at 1.43 Curry Road and is identified as Tax Grid No.
6157-O1-460625 in the Town of Wappinger.
Town of Wappinger Page 1
Zo;aing Board of Appeals Minutes of July 26, 2011
MINUTES
Town of Wappinger
Zoning Board of Appeals
July 26, 2011
Summarized Minutes
Members:
Absent
Others Present:
Mr. Prager,
Mr. Casella,
Mr. Kuzmicz,
Mr. VanTine,
Mr. Dellacorte,
Mrs. Roberti,
Mrs. Dao,
Chairman
Member
Member
Member
Member
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Zoning Administrator
Secretary
SUMMARY
Tasha Cucinelli:
Kurien Oommen•
Linda Hall:
- Public Hearing closed. Decision.
- Public Hearing closed. Decision.
- Public Hearing closed. Decision.
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Town oI~ Wappinger Page 2
Zoning Board of Appeals Minutes of July 26, 2011
Public Hearin:
Apneal No. 11-7444 At the request of Tasha Cucinelli who is 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 pronosing 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 Suehich Place and is identified as Tax Grid No. 6157-02-
870538 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 why you are here.
Ms. Cucinelli: I only have one place to put the pool in my yard. I need a variance.
Mr. Prager: Are the any questions?
Mr. Kuzmicz: I the shed removed?
Ms. Cucinelli: Yes it is down.
Mr. Prager: Is there anyone in the audience that has any questions?
Mr. Baskin: My name is Carl Baskin. I live at 13 Losee Road. My house is behind
the pool and the noise will greatly impact my property value. There is
also the possibility of having a deck. It would be 13 feet from my
property line if a deck was there.
Mrs. Roberti: A building perniit would be required. If the deck is less than 200
square feet it only needs to be 10 feet from the property line.
Ms. Cucinelli: I can't imagine kids making more noise in a pool 23.8 feet away as
they do at his property line. I have 2 small children and they play at
the edge of the property line. I can't move the pool. It is already 5
feet from my house deck and the septic tank is to the side. Originally
the plans for the pool were farther back.
Town of Wappinger Page ~
Zoning Board of Appeals Minutes of July 26, 2011
Mr. Prager: Are the any more questions? There are no more questions.
Mr. VanTine: Motion to close the public hearing.
Mr. Kuzmicz: Second the motion.
Vote: All present voted aye.
Mr. VanTine: Motion to grant the variance. This will not produce an
undesirable change to the neighborhood. It's not unique to the
area. It will not be an adverse impact to the physical environment.
I don't see any other feasible methods. I make a motion to grant
this variance.
Mr. Kuzmicz: Second the motion
ZBA Roll Call: Mr. VanTine: Aye.
Mr. Kuzmicz: Aye.
Mr. Casella: Aye.
Mr. Prager: Aye.
Appeal No. 11-7445 At the request of Kurien Oommen 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 pronosin~ 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.
Mr. Prager: Are all the mailings in order?
Mrs. Dao: Yes they are.
Mr. Kuzmicz: Motion to open the public hearing.
Mr. Casella: Second the motion.
Vote: All present voted aye.
Mr. Prager: Please explain why you are here.
Mr. Oommen: I have a screened in porch and want to replace it with a sunroom with
windows.
Mr. Kuzmicz: You are improving what is already there.
Mrs. Roberti: The previous owner made the setback mistake. This is to correct the
issue.
Mr. Prager: Is there any questions or anyone in the audience who wants to speak
for or against this appeal? Seeing nobody has any questions, I'll ask
for a motion to close the public hearing?
Town of VVappinger Page 4
Zoning Board of Appeals Minutes of July 26, 2011
Mr. VanTine: Motion to close the public hearing.
Mr. Kuzmicz: Second the motion.
Vote: All present voted aye.
Mr. Kuzmicz: Motion to grant the variance. We did view it. This will not
produce an undesirable change to the neighborhood. It's not
unique to the area. It will not be an adverse impact to the physical
environment. It wasn't self created. It was created by a prior
owner. I don't see any other feasible methods. I make a motion
to grant this variance.
Mr. Mr. Casella: Second the motion
ZBA Roll Call: Mr. VanTine: Aye.
Mr. Kuzmicz: Aye.
Mr. Casella: Aye.
Mr. Prager: Aye.
Anneal No. 11-7446 At the request of Linda Hall who is 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 requesting 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: Are all the mailings in order?
Mrs. Dao: Yes they are.
Mr. Kuzmicz: Motion to open the public hearing.
Mr. Casella: Second the motion.
Vote: All present voted aye.
Mr. Prager: Please explain why you are here.
Ms. Hall: I want to replace the front access to the house due to it being unsafe.
Mr. Casella: You want to put up a porch because the exit door is up high on the
second floor.
Ms. Hall: Yes that is con•ect.
Mrs. Roberti: Ms. Hall did bring in a new survey but now the numbers given do not
meet. Originally she thought she had 38 feet, according to the survey
she has 29.7 feet to the deck that she can provide.
Mr. Prager: She would need a 21 foot variance. We can modify the setback
request. Is there any questions? Let the record show there is no one in
Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of July 26, 2011
the audience to ask if they are for or against the variance. Do I have a
motion to close the public hearing?
Mr. VanTine: Motion to close the public hearing.
Mr. Kuzmicz: Second the motion.
Vote: All present voted aye.
Mr. Casella: Motion to grant the variance. It can't be achieved my any other
means. This will not produce an undesirable change to the
neighborhood. It is a significant improvement. It is self created
but you need it for a second exit. It's not unique to the area. It
will not be an adverse impact to the physical environment. I
make a motion to grant this variance.
Mr. Mr. Kuzmicz: Second the motion
ZBA Roll Call: Mr. VanTine: Aye.
Mr. Kuzmicz: Aye.
Mr. Casella: Aye.
Mr. Prager: Aye.
Mr. Prager: Just to clarify, the variance is granted for 21 feet.
Ms. Hall: Thank you.
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