2011-10-24ZONING BOARD OF APPEALS
October 25, 2011
Amended 10-24-1i
Agenda
Town of Wappinger Zoning Board of Appeals Town Hall
MEETING DATE: October 25, 2011 20 Middlebush Road
TIME: 7:30 PM Wappinger Falls, NY
Approve minutes for Apri112, 2011.
Approve minutes for June 14, 2011.
Approve minutes for June 28, 2011. r} [~ ~~~- ~~ ~~
Approve minutes for July 12, 2011. lf~~ i~
Approve minutes for July 26, 2011. ~OV ~ 1 ZOi2
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Appeal No. 11-7447
Brian & Christine Zandstra: Seeking a variance of Section 24fl=37~ o~District Zoning
Regulations for R-20-40 Zoning District.
-Where a side vard setback of 25 feet is required, the applicant is proposins: a side
vard setback of 5 feet, to allow for the construction of a new family room and 2-car
garage, thus reauestin a variance of 20 feet.
-Where a front vard setback of 50 feet is reauired, the applicant is proposing a front
yard setback of 33 feet, to allow for the construction of a new family room and 2-car
garage, thus reauestin a variance of 17 feet.
The property is located at 6 Fowlerhouse Road and is identified as Tax Grid No. 6157-
04-552342 in the Town of Wappinger.
Appeal No. 11-7448
Stuart Desousa: Seeking a variance of Section 240-37 of District Zoning Regulations for
an R-10 Zoning District.
-Where a Rear vard setback of 25 feet is reauired, the applicant is proposinS a rear
yard setback of 7 feet 6 inches, to allow for the construction of a 10' X 10' rear deck,
thus reauestin a variance of 17 feet 6 inches.
The property is located at 12 Seneca Lane and is identified as Tax Grid No. 6157-01-
488551 in the Town of Wappinger.
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.
Town of Wappinger Page 1
Zoning Board of Appeals Minutes of October 25, 2011
MINUTES
Town of Wappinger
Zoning Board of Appeals
October 25, 2011
Summarized Minutes
Members:
Mr. Prager,
Mr. Dellacorte,
Mr. Casella,
Mr. Kuzmicz,
Chairman
Member
Member
Member
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Absent:
Others Present:
Mr. Horan,
Mrs. Roberti,
Mrs. Dao,
NOV ~1 212
TOWN OF U~ApI'INGER
=OWN CLERK
Attorney
Zoning Administrator
Secretary
SUMMARY
Brian & Christine Zandstra:
Stuart Desousa:
- Public Hearing on November 9, 2011.
- Public Hearing on November 9, 2011.
228 Iylyers Corners Road, LLC: -Public Hearing on November 22, 201 1.
Town of Wappinger Page 2
"Coning Board of Appeals Minutes of October 25, 2011
Mr. Horan: For the record, Due to the resignation of one member we have four members.
NIr. Kuzmicz: Motion to approve the minutes for June 14, 2011, June 28, 2011, July 12,
2011, and July 26, 2011.
Mr. Casella: Second the motion.
Roll call:
Mr. Dellacorte, Aye.
Mr. Kuzmicz, Aye.
Mr. Casella, Aye.
Mr. Prager, Aye.
Discussion•
Appeal No. ll-7447
Brian & Christine Zandstra: Seeking a variance of Section 240-37 of District Zoning Regulations
for R-20-40 Zoning District.
-Where a side yard setback of 25 feet is required, the applicant is proposing a side vard setback
of 5 feet, to allow for the construction of a new family room and 2-car ~ara~e, thus requesting a
variance of 20 feet.
-Where a front vard setback of 50 feet is required, the applicant is proposing a front vard
setback of 33 feet, to allow for the construction of a new family room and 2-car garage. thus
requesting a variance of 17 feet.
The property is located at 6 Fowlerhouse Road and is identified as Talc Grid No. 6157-04-552342 in
the Town of Wappinger.
Present Brian & Christine Zandstra Owners
Mr. Prager: Please tell us why you are here.
Mr. Zandstra: We need a variance to construction a new family room and 2-car garage. We
are taking down the breezeway and 1 car garage.
Mr. Prager: Are you going wider?
Mr. Zandstra: No.
Mr. Prager: The plot plan says it will be 5.2 feet from the side yard property line.
Mr. Zandstra: Yes.
(Discussion took place of property line distances to the property line.)
Mr. Prager: I would like to see the drawings. Stake out where the garage will be and we
will come out for a site visit on November 5, 2011 at 9:OOam. We will have a
public hearing on November 9, 2011.
Mrs. Roberti: By Friday the sketch will be in and mailed to the ZBA.
Mr. Zandstra: Thank you.
Town of Wappinger Page 3
Zoning Board of Appeals Minutes of October 25, 201 1
Appeal No. 11-7448
Stuart Desousa: Seeking a variance of Section 240-37 of District Zoning Regulations for an R-10
Zoning District.
Where a Rear yard setback of 25 feet is required, the applicant is proposing a rear vard
setback of 7 feet 6 inches to allow for the construction of a 10' X 10' rear deck, thus requesting
a variance of 17 feet 6 inches.
The property is located at 12 Seneca Lane and is identified as Tax Grid No. 6157-01-488551 in the
Town of Wappinger.
Present James Hoffman Contractor
Mr. Prager: I see you are replacing a deck with the same size deck. This is a small lot.
Mr. Hoffman: We Yes it will be the same size deck.
Mr. Casella: Is the deck enclosed?
Mr. Hoffman: No. It's an open deck.
Mr. Prager: We will make a site visit on November 5, 201 1 after 9:OOam. We will have a
public hearing on November 9, 2011.
Mr. Hoffman: I can meet you at the site. You can call me at 845-656-6552. Thank you.
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 at 228 Mvers Corners Road and is identified as Tax Grid No. 6258-02-702520 in the Town
of Wappinger.
Present Mr. Rick O'Rourke Attorney -Keane & Beane PC.
Mr. O'Rourke: Was involved with this property 12 to IS years ago. He made an informal
discussion about what took place at the last ZBA meeting. Then provided
affidavits while explaining the history of what took place over the years.
(Discussion took place at the dais showing a map to the ZBA.)
Mr. O'Rourke: Read from a letter dated March 23, 2001.
Mrs. Roberti: Can you fax to me a copy of the letter?
Mr. O'Rourke: Yes. (Continued giving more history of this property.)
Mr. Boric: I am the owner of the property. (Explained what the present tenants are
doing.)
Mr. O'Rourke: After all that was said and done, in good faith Mr. Boric cleaned up the
property.
Town of Wappinger
Zoning Board of App
Mr. Kuzmicz:
Mr. Boric:
Mrs. Roberti:
Page 4
peals Minutes of October 25, 2011
Is the garbage and debris still there?
No. When the debris of the tires accumulates to a certain amount they go
into the dumpster. Z'he spools are the same. They are doing normal business
with debris.
This was in court for a while.
Mr. O'Rourke: I request that you make an inspection. It's a lot better than it was 10 years
ago.
Mr. Casella: Let's make a site visit.
Mr. O'Rourke: The conclusion letters are submitted. We are asking for an interpretation for
storage of material on the property.
Mr. Walsh: I dealt with the variance for the motorcycle shop. But, it was found to be
allowed so the variance was dropped.
(Discussion of what took place when Mr. Walsh was involved.)
Mr. Prager: We will make a site visit on November 19, 2011 and you can come back to
the ZBA on November 22, 2011.
Mr. Horan: Is it possible to get an updated site plan with what the current uses are?
Mr. Prager: We have a survey from 2005.
Mrs. Roberti: That was not an approved map.
Mr. Prager: Can you update the storage area?
Mr. O'Rourke: Yes, we can. This is a financial hardship.
Mr. Boric: When we took over the property we expended $100,000 cleaning up. We are
just asking for fairness.
Mr. Casella: Motion to go into executive session for legal advice.
Mr. Kuzrnicz: Second the motion.
Mr. Casella: Motion to come out of executive session.
Mr. Kuzmicz: Second the motion.
Mr. Prager: Motion to write a letter to the Town Board recommending AI Casella
continue on the Zoning Board of Appeals.
Mr. Dellacorte: Second the motion.
Roll call: All present vote aye.
Mr. Kuzmicz: Motion to adjourn.
Mr. Casella: Second the motion.
Town of Wappinger Page 5
Zoning Board of Appeals Minutes of October 25, 2011
Meeting ended at 9:30 PM
Re's(1 tfully Su ~ed;,
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Susan Dao, Secretary
Zoning Board of Appeals