2005-11-22
ZONING BOARD OF APPEALS
November 22, 2005
.......
Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: November 22, 2005
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve minutes for November 9, 2005.
Approve site minutes for November 12, 2005.
Adjourned Public Hearings:
Appeal No. 05-7287
Marcelo & Maria Munoz- Seeking an area variance of Section 240-37 of District Regulations in
an R-40 Zoning District.
-Where a rear yard setback of 50 feet is required, the applicant is proposing a rear yard
setback of 30 feet to allow for an 18 X 36 foot in-2round pool. thus reQUestin2 a variance of
20 feet.
The property is located at 49 Hillcrest Court and is identified as Tax Grid No. 6157-02-951822
in the Town of Wappinger.
Public Hearings:
~
Appeal No. 05-7281
Dara Grav- Seeking an area variance of Section 240-37 of District Regulations in an 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 to allow for a 18 X 60 addition. thus reQUestin2 a variance of 5 feet.
The property is located at 385 Wheeler Hill Road and is identified as Tax Grid No. 6057-04-
681095 in the Town of Wappinger.
Appeal No. 05-7288
Robert Charmaine Wavlon- Seeking an area variance of Section 240-37 of District Regulations
in an R-40 Zoning District.
-Where a side yard setback of 25 feet is required, the applicant is proposing a side yard setback
of 16 feet to allow for a 21 foot above 2round pool. thus reQUestin2 a variance of 9 feet.
The property is located at 281 Pine Rid2e Drive and is identified as Tax Grid No. 6257-04-
658143 in the Town of Wappinger.
Discussions:
'-"
Trans Star Public Hearin2: Scheduled for December 13,2005 initially, due to date change for
meeting, Attorney cannot be present. Public Hearing needs to be re-scheduled to January 10,
2006.
Town of Wappinger
Zoning Board of Appeals
Page I
Minutes of November 22,2005
........
MINUTES
MiNUTES
/\PPROVED
Town of Wappinger
Zoning Board of Appeals
November 22, 2005
Ii F!: 1 "12~95
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members Present: Mr. Fanuele, Chairman
Ms. McEvoy-Riley Member
Mr. DellaCorte, Member
Members Absent: Mr. Prager,
Mr. Warren,
Vice-Chairman
Member
Others Present:
Mr. Caviglia,
Mrs. Lukianoff,
Mrs. Roberti,
Special Counsel
Zoning Administrator
Secretary
........
SUMMARY
Adiourned Public Hearin2s:
Marcelo & Maria Munoz
- Variance Granted
Public Hearin2s:
Dana Gray
- Variance Granted.
Robert Waylon
- Variance Granted.
Discussion:
Trans Star
-Changed Public Hearing to January 10,
2006.
,..,...
Town of Wappinger
Zoning Board of Appeals
"'"
Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Page 2
Minutes of November 22,2005
Motion to approve Minutes for November 9, 2005.
Second the motion.
All present voted aye.
Motion to approve Site Minutes for November 12, 2005.
Second the motion.
All present voted aye.
Appeal No. 05-7287
Marcelo & Maria Munoz- Seeking an area variance of Section 240-37 of District Regulations in
an R-40 Zoning District.
- Where a rear vard setback of 50 feet is required, the applicant is proposing a rear vard
setback of 30 feet to allow for an 18 X 36 foot in-eround pool, thus reQuestine a variance of
20 feet.
The property is located at 49 Hillcrest Court and is identified as Tax Grid No. 6157-02-951822
in the Town of Wappinger.
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Mr. Fanuele:
"'"
Mr. Caviglia:
Mrs. Lukianoff:
Mr. Caviglia:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Roll Call:
'-
Motion to open the Adjourned Public Hearing.
Second the motion.
All present voted aye.
Mr. Munoz needs a variance of 24 feet and there is really no other place
for the pool.
If the variance is being changed it should have a new public hearing and
it should be re-published.
I would like to bring to the boards attention that no one came out the
last time.
That doesn't matter.
At this time a discussion took place on whether to re-publish or not.
Motion to grant the variance for 24 feet for the in-ground pool. I do
not feel it would be detrimental to the neighborhood even though
self-created. There is no one behind him and nothing else can be
built on that slope.
Second the motion.
Ms. McEvoy-Riley:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Aye.
Town of Wappinger
Zoning Board of Appeals
..........
Page 3
Minutes of November 22, 2005
Appeal No. 05-7281
Dara Grav- Seeking an area variance of Section 240-37 of District Regulations in an 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 to allow for a 18 X 60 addition. thus reQuestine a variance of 5 feet.
The property is located at 385 Wheeler Hill Road and is identified as Tax Grid No. 6057-04-
681095 in the Town of Wappinger.
Present:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Mr. Fanuele:
Ms. Roberti:
Mr. Fanuele:
Mr. Cappelli:
'-"
Mr. Fanuele:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Roll Call:
Mrs. Garell:
Mr. Capelli:
Mrs. Garell:
.........
Al Cappelli - Architect representing Dara Gray
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Are the mailings in order?
Yes they are.
Swore in the applicant.
This is a proposed addition to a single family house and is a one story
original house. The house is already too close to the property line.
(Showed the map to the board.) The addition would be 15 feet from the
side.
We went out on a site visit to look at this property last week. Is there
anyone in the audience with a question? Hearing none.
Motion to close the public hearing.
Second the motion.
All present voted aye.
Motion to grant the variance. This will not cause any undesirable
or environmental concerns to the neighborhood. This is not
substantial and it is self-created.
Second the motion.
Ms. McEvoy-Riley:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Aye.
I live on Wheeler Hill Road next to this one. Sorry that I am late. What
is this about.
Explained the addition and what the variance was for.
Ok that's fine.
Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of November 22,2005
Appeal No. 05-7288
Robert Charmaine Waylon- Seeking an area variance of Section 240-37 of District Regulations
in an R-40 Zoning District.
- Where a side yard setback of 25 feet is required, the applicant is proposing a side yard
setback of 16 feet to allow for a 21 foot above 2round pool, thus reQUestin2 a variance of 9
feet.
The property is located at 281 Pine Rid2e Drive and is identified as Tax Grid No. 6257-04-
658143 in the Town of Wappinger.
........
Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Mr. Fanuele:
Ms. Roberti:
Mr. Fanuele:
Mr. Waylon:
Mr. Fanuele:
"-
Mr. DellaCorte:
Mr. Waylon:
Mr. Fanuele:
Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Mr. DellaCorte:
Ms. McEvoy-Riley:
Roll Call:
"-
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Are the mailings in order?
Yes they are.
Swore in the applicant.
We would like to add a 21 foot pool on the left side of the house where
an existing pool was which was placed to close to the side which is why
we are seeking a variance.
We did make a trip out there.
At the last meeting we did tell you to mark your boundary lines and we
are not sure just where that is.
There are metal stakes right on the property line. I made sure they were
there.
Is there anyone in the audience with a comment? Hearing none.
Motion to close the public hearing.
Second the motion.
All present voted aye.
Motion to grant the variance. Although I did not see the property
stakes we did kind of walk it off. I do think that we can grant this
since you can barely see the property of the other neighbor so I do
not feel it would create an undesirable change in the neighborhood.
It is not really substantial and it is self-created.
Second the motion.
Ms. McEvoy-Riley:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Aye.
Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of November 22,2005
Trans Star Public Hearin2: Scheduled for December 13, 2005 initially, due to date change for
meeting, Attorney cannot be present. Public Hearing needs to be re-scheduled to January 10,
2006.
........
Mr. Fanuele:
Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Mr. Caviglia:
Mr. Fanuele:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
~
Mr. Fanuele:
Ms. McElroy-Riley:
Vote:
Mr. Fanuele:
Ms. McElroy-Riley:
Vote:
We need to change the date from December 13th to January loth because
we moved the December date to the 14th and their attorney can not make
that date.
Motion to re-set the public hearing to January 10th for Trans Star.
Second the motion.
All present voted aye.
Just a note to you that I have sent a letter to their attorney recusing
myself from this case.
Doug's term is up this year and I would like a letter sent to the Town
Board asking to re-appoint him to our board.
Motion to send a letter to the Town Board in Doug's behalf.
Second the motion.
All present voted aye.
Motion to approve next year's schedule.
Second the motion.
All present voted aye.
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 8: 15 PM
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R:iS~~~t. ully ~ur.. it.t~d' / . .r
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B ara Roberti, Secr ary
Secretary - Zoning Board of Appeals