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2005-11-09 ZONING BOARD OF APPEALS November 9, 2005 '- Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: November 9, 2005 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve site minutes for October 29, 2005 Public Hearings: Appeal No. 05-1285 O'Connor Subdivision -Seeking an area variance of Section 217-21 (D) of Subdivision Regulations in an R-40 Zoning District. The applicant is proposing access to an adjacent privately maintained road for a new lot being created. The property is located at 335 Cedar Hill Road & Johnson Place and is identified as Tax Grid No. 6256-01-457875 in the Town of Wappinger. '- Appeal No. 05-7286 Darleen Phoenix- Seeking an area variance of Section 240-37 of District Regulations in an R-I 0 Zoning District. -Where a side vard setback of 6 feet is required, the applicant is proposing a side vard setback of 5 feet to allow. for a 8 X 6 foot shed. thus reQUestin2 a variance of 1 feet. -Where a rear vard setback of 10 feet is required, the applicant is proposing a rear vard setback of 5 feet to allow for 8 X 6 foot shed. thus reQUestin2 a variance of 5 feet. The property is located at 12 Tuscarora Drive and is identified as Tax Grid No. 6157-03-463478 in the Town of Wappinger. 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 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. Discussions: Appeal No. 05-7283 William Verlin -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where the code states...in no case shall Accessorv Structures be permitted in the front vard the applicant requests a variance for an in-ground pool in his front yard. The property is located at 320 River Road South and is identified as Tax Grid No. 5956-04- 937397 in the Town of Wappinger. '- 1 ZONING BOARD OF APPEALS November 9, 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 eround pool. thus reQuestine a variance of 9 feet. The property is located at 281 Pine Ridee Drive and is identified as Tax Grid No. 6257-04- 658143 in the Town of Wappinger. Appeal No. 05-7284 Verizon Wireless-ORP New Hackensack - Seeking an area variance of Section 240-37 & 240-81 (G)(4)(c)[2]ofDistrict Regulations in an AI Zoning District. -Where a cell tower needs to be 750 feet from an existine dwelline. the applicant is proposine the tower to be within 750 feet of seven existine dwellines located off of Hackensack Hets. Road. thus reQuestine seven variances in the amount of 1 foot to 208 feet. The property is located at 80 Airport Drive and is identified as Tax Grid No. 6259-04-647405 in the Town of Wappinger. ""-' "-" 2 Town of Wappinger Zoning Board of Appeals ....... MINUTES Town of Wappinger Zoning Board of Appeals November 9, 2005 Summarized Minutes Members Present: Mr. Fanue1e, Mr. Prager, Ms. McEvoy-Riley Mr. DellaCorte, Mr. Warren, Others Present: Mr. Caviglia, Mrs. Roberti, Page 1 Chairman V ice-Chairman Member Member Member Special Counsel Secretary Minutes of November 9,2005 MINUTES AP"'~ ""'\fED 2;;). .2~~5 Town Hall 20 Middlebush Road Wappinger Falls, NY ....... SUMMARY Public HeariDl!s: O'Connor Subdivision Dar1een Phoenix Marcelo & Maria Munoz Discussion: William Verlin Robert Way10n Verizon Wireless '--' -Adjourned public hearing to December 14, 2005. -Granted variance. -Adjourned public hearing to November 22, 2005. -Granted variance with conditions. -Public Hearing on November 22,2005. -Public hearing on December 14,2005. Town of Wappinger Zoning Board of Appeals Page 2 Minutes of November 9, 2005 "'" Mr. Prager: Mr. Warren: Vote: Motion to approve Site Minutes for October 29, 2005. Second the motion. All present voted aye. Appeal No. 05-7285 O'Connor Subdivision -Seeking an area variance of Section 217-21 (D) of Subdivision Regulations in an R-40 Zoning District. The applicant is proposing access to an adjacent privately maintained road for a new lot being created. The property is located at 335 Cedar Hill Road & Johnson Place and is identified as Tax Grid No. 6256-01-457875 in the Town of Wappinger. Present: Thomas O'Connor Dick Barger Mr. Prager: Are the mailings in order? Mrs. Roberti: Yes they are. ~ Mr. Prager: Mr. Warren: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Fanuele: Swore in the applicant. Mr. Barger: This is a two lot subdivision on Johnson Place which is a paper road. We will be creating one new access drive onto that paper road that is maintained by the homeowners. This is a three acre parcel that fronts Cedar Hill Road. Mr. Fanuele: Does anyone have any questions in the audience? Ms. Egan: Tania Egan, Johnson Place. I am a representative from the other neighbors of Johnson Place and we don't have any opposition to this subdivision other than Mr. O'Connor becomes part of our maintenance agreement of which he has agreed too. Mr. Fanuele: There are a number of drives already there, I believe seven now and eight with the new proposed driveway. This is a very narrow road and is only one car wide with a fence right up against the road. I have a problem with emergency access and that it does not meet highway specs. I would like to direct a letter to the Engineer to the Town, the Highway Superintendent and the Fire Prevention Bureau to get their impute on the safety of the road. '- Town of Wappinger Zoning Board of Appeals Page 3 Minutes of November 9, 2005 '--' Mr. Prager: Mr. Barger it looks like on the map that it is 25 feet to the centerline? Mr. Barger: Yes our deed goes to the center line ofthe existing Johnson Place. We are deeding 25 feet back on our side of the road for road widening and road maintenance purposes. There will be a 50 foot ROW because the people on the other side have already 25 feet to the center line. Mr. Prager: So it will be 50 feet wide. Mr. Barger: We did the subdivision for Fay a few years back and we left 25 feet on his property for road improvements. Mr. Prager: Will that be done? Mr. Barger: The deed is there but it is up to the homeowners to do what whatever they want to improve that, the town does not get involved. Mr. Fanuele: Who does the snowplowing there? Mr. Barger: They have an agreement with someone. Mr. DellaCorte: What about garbage, is it also contracted out? '--' Mr. O'Connor: Yes. All the homeowners bring it down to my property, it has always been done that way. Mr. Fanuele: Are there any other comments in the audience? Hearing none. Mr. Prager: I'd like to make a motion to adjourn the Public Hearing to December 14,2005 to allow time for the responses to our letter. Second the motion. All present voted aye. Mr. Warren: Vote: Mr. 0' Connor: What is the need of the FPB to ascertain the feasibility of the road when that was previously done when the other homes went in. Mr. Fanuele: The fire company puts the fires out for your houses and unfortunately in the last couple of weeks there have been a few house like on Hillcrest Court. When you put more house's on a road the probability goes up and in my mind it is a safety concern for the people that are living there and so we would like to know the opinion of the fire company that they can get down there or any other emergency vehicle. Mr. Barger: Thank you. .'-' Town of Wappinger Zoning Board of Appeals Page 4 Minutes of November 9, 2005 Appeal No. 05-7286 Darleen Phoenix- Seeking an area variance of Section 240-37 of District Regulations in an R-1 0 Zoning District. - Where a side yard setback of 6 feet is required, the applicant is proposing a side yard setback of 5 feet to allow for an 8 X 6 foot shed, thus reQuestinl! a variance of 1 foot. -Where a rear yard setback of 10 feet is required, the applicant is proposing a rear yard setback of 5 feet to allow for 8 X 6 foot shed, thus reQuestinl! a variance of 5 feet. The property is located at 12 Tuscarora Drive and is identified as Tax Grid No. 6157-03- 463478 in the Town of Wappinger. ........ Mr. Prager: Mrs. Roberti: Mr. Prager: Mr. Warren: Vote: Mr. Fanuele: Mrs. Phoenix: .......... Mr. Fanuele: Mr. Prager: Mr. Phoenix: Mr. Fanuele: Mr. DellaCorte: Mr. Prager: Vote: Mr. DellaCorte: Mr. Prager: Roll Call: '- Are the mailings in order? Yes they are. Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. I would like to have a shed in my backyard and it would be 5 foot from the side and 5 foot from the rear. I would like to put it so that the door would be facing the house. We did a site visit at this property and these lots are very small and we did discuss this a little bit and there is not a lot of maneuvering room there. Are you going to move it? When we discussed it the doors would face the fence and I would rather have the doors face the house. Are there any comments from the audience? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. It is not feasible to put it anywhere else, it will not change the neighborhood nor is it detrimental to the environment. One of the two variances is substantial and it is self- created. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Aye. Aye. Aye. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of November 9, 2005 "-' 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-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. Present: Barbara D'Ordano - Real Estate Broker Marcello Munoz - Owner Mr. Prager: Are the mailings in order? Mrs. Roberti: Yes they are. Mr. Prager: Mr. Warren: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Fanuele: Swore in the applicant. Mrs. D'Ordano: Weare here requesting a variance for an in ground pool. The house has a shallow rear yard and we need a 20 foot variance to allow the pool. On the left side of the property is a large transfer station and an easement. ........ Mr. Fanuele: We went out and did a site visit and the first time the markings were not in. But I went back after I was told that the markings were in. Mr. Prager: The only problem I have with it is basically that I didn't see any markings showing the rear line to the property. I have no idea where the rear line is. Mrs. D'Ordano: We do not have the survey with us. Mr. Prager: Even if I saw where the pool would be I have no idea where the rear yard line is. Mr. Fanuele: How far down the hill do you go? Mrs. D'Ordano: I don't think very far. Mr. Munoz: I think there is a plastic barrier there. Mr. Fanuele: Is there anyone in the audience with a comment? Hearing none. "-' Town of Wappinger Zoning Board of Appeals Page 6 Minutes of November 9,2005 Mr. DellaCorte: I did see some markings. It seemed centered on the property and there didn't seem to be very much room in the rear. ........ Mr. Fanuele: There also has to be an apron and a fence around the pool. Mr. Prager: Ijust don't know where you got the 30 feet from. Mrs. D'Ordano: The builder helped us measure this out. Mr. Fanuele: I don't see any other place to put the pool. We can either vote tonight or adjourn to give you time to stake out the rear yard. Mrs. D'Ordano: We will wait and maybe the builder can help us out. Mr. Warren: Mr. Prager: Roll Call: Motion to adjourn the public hearing to November 22, 2005. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Aye. Aye. Aye. Mrs. D'Ordano: So do you want the rear and side staked out? Mr. Fanuele: The rear line is what's important. ........ Mr. Prager: The side line would be good also even for yourself to know where your line is. Appeal No. 05-7283 William Verlin -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where the code states.. .in no case shall Accessorv Structures be permitted in the front yard the applicant requests a variance for an in-ground pool in his front yard. The property is located at 320 River Road South and is identified as Tax Grid No. 5956-04- 937397 in the Town of Wappinger. Mr. Fanuele: We had tabled this discussion from the last meeting. We would like to see landscaping in front of the fence for the pool. Mr. Verlin: I looked over at the Myers Comers site that you mentioned and it did give me some ideas for landscaping. Mr. Fanuele: With the angle up to your property some landscaping will help hide the fence. Mr. Verlin: I need a four foot fence and I am sure that I can do some landscaping in front of it. ........... Ms. McElroy-Riley: That is my concern. Town of Wappinger Zoning Board of Appeals Page 7 Minutes of November 9,2005 ....... Mr. Verlin: I can assure you that you won't see it. Mr. Fanuele: Motion to grant the variance with the condition that they plant 2 to 4 foot high evergreens that will continue to grow a minimum of four feet in order to hide a four foot high fence. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Nay.. Aye. Aye. Mr. DellaCorte: Roll Call: Mr. Caviglia: This should be very specific for enforcement or litigation. Mr. Fanuele: It should be similar to the Mid-Hudson Islamic Assoc., two to four feet high staggered in order to hide the fence. ......,. 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 vard setback of 25 feet is required, the applicant is proposing a side vard 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. Waylon: This pool is existing and was put up during the summer. We became aware after that we needed a permit to do this. The current site of the pool was selected because we couldn't place it in the front yard and the far other side ofthe house has a driveway coming down. In the rear the property goes back about 45 feet and we have our septic system back there. The comer that we selected is pretty much the only place we could put it. Mr. Fanuele: We will come out and do a site inspection in order to see just where the pool is and whether it affects the neighbors. Mr. Prager: Please mark your property lines out for us. Mr. Fanuele: We will do the site visit on Saturday November 12,2005 and your public hearing will be on November 22,2005. Mr. Waylon: Thank you. ....... Town of Wappinger Zoning Board of Appeals Page 8 Minutes of November 9,2005 ........ Appeal No. 05-7284 Verizon Wireless-ORP New Hackensack - Seeking an area variance of Section 240-37 & 240-81 (G)(4)(c)[2]ofDistrict Regulations in an AI Zoning District. -Where a cell tower needs to be 750 feet from an existinl! dwellinl!, the applicant is proposinl! the tower to be within 750 feet of seven existinl! dwellinl!s located off of Hackensack Hl!ts. Road, thus reQuestinl! seven variances in the amount of 1 foot to 208 feet. The property is located at 80 Airport Drive and is identified as Tax Grid No. 6259-04-647405 in the Town of Wappinger. Present: Randy Wilson - Verizon Mr. Fanuele: We had requested that you relocate the tower so that you wouldn't need all the variances. Mr. Wilson: I'm the realty manager for Verizon wireless. Scott Olsen was in front of this board on October 25, I unfortunately couldn't attend. I will go through his notes and we can then talk about it. Question 1 ~ The photo simulation should wait until the leaves fall off and then float the balloon again and re-take the pictures. So weather permitting we will do that again in about two weeks and then forward the pictures to you. Would the board like to know the date and time? '-" Mr. Prager: Yes. Mr. Wilson: Question 2 - Disguising the tower as a tree. The Town of Chester is doing a mono-pine tower. My reservation is that some look like a toilet bowl brush. I would rather wait until we do the pictures. Some fill in with the trees and some stick out of hardwoods, so we will do the balloon test first. Mr. Prager: How tall is this tower? Mr. Wilson: 80 feet tall. Question 3 - Can the tower be re-Iocated within the complex? We took the tower and the shelter and flipped them to the southwest. By doing that we were able to eliminate one ofthe variances. Question 4 - I have here the six variances spelled out for distance. Mr. Warren: How big is the shelter? Mr. Wilson: It is lOX 30 feet. We now only need six variances and we are roughly 50 feet further away from the homes. Mr. Prager: I'm sure you have been through this before with other projects but we do try to grant the smallest possible variances. ........ Town of Wappinger Zoning Board of Appeals Page 9 Minutes of November 9,2005 Mr. Wilson: '-"" Mr. Fanuele: Mr. Wilson: Mr. Fanuele: Mr. Wilson: Mr. Prager: Mr. Wilson: Mr. Fanuele: Mr. Wilson: Mr. Prager: '-" Mr. Wilson: I do understand that and I tried to move the tower further away but unfortunately topography plays a maj or role and if we move it any farther it starts going down the hill and that reduces the coverage we need to achieve. If! am standing here do I send and receive to the same tower? Sends signal out and receives the tower in that sector. Why do I lose the signal in my car while driving? You are driving out of range. Mr. Wilson proceeded to explain how the signal works and why you lose the signal at times. Anything else Sir? I was hoping to ask that for the meeting of December 13 we could schedule the public hearing and have the photos to you a week prior? I would like to schedule that for December 14,2005. It is a Wednesday, would that be a problem? No it would not. Just let us know when the balloon test is done. Yes I will. Thank you. Mr. Prager: Ms. McElroy-Riley: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 9:00 PM ~espect Ul.IY Submi~ ,/~/;f~~1.Yh- . arbara Roberti, Secretary Secretary - Zoning Board of Appeals ........