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2005-10-25 ZONING BOARD OF APPEALS October 25, 2005 Amended on October 21, 2005 '-- Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: October 25,2005 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for October 12,2005 Approve site minutes for October 22, 2005. Public Hearinf!s: Appeal No. 05-7278 Marvann & Andrew Coffev- 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 18 feet to allow for a 20 X 16 foot open deck with stairs. thus reQUestin2 a variance of 7 feet. The property is located at 30 Hi View Road and is identified as Tax Grid No. 6358-01-044749 in the Town of Wappinger. '-"" Appeal No. 05-7282 Robert & Loretta Usher- Seeking an area variance of Section 240-37 of District Regulations In an R-20 Zoning District. -Where a rear vard setback of 50 feet is required, the applicant is proposing a rear vard setback of 45 feet to allow for a 2-storv addition. thus reQUestin2 a variance of 5 feet. The property is located at 105 Spook Hill Road and is identified as Tax Grid No. 6257-01- 203529 in the Town of Wappinger. 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. Discussions: 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 vard setback of 20 feet is required, the applicant is proposing a side vard 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. '-"" I ZONING BOARD OF APPEALS October 25, 2005 '-' 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. Appeal No. 05-7286 Darleen Phoenix- Seeking an area variance of Section 240-37 of District Regulations in an R-l 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 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. 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 existin2 dwellin2, the applicant is proposin2 the tower to be within 750 feet of seven existin2 dwellin2s located off of Hackensack H2tS. Road, thus reQuestin2 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. Interpretations: Appeal No. 05-7272 Trans Star Enterprises, Inc. The applicant requests an interpretation that it does not require an amended site plan for the subject property pursuant to Section 240-83 ofthe Town's Zoning Code. The property is located at 6-9-0Id Route 9 and is identified as Tax Grid No. 6158-04-531030 in the Town of Wappinger. .~ 2 Town of Wappinger Zoning Board of Appeals MINUTES ."..... Town of Wappinger Zoning Board of Appeals October 25, 2005 Summarized Minutes Members Present: Mr. Fanuele, Mr. Prager, Ms. McEvoy-Riley Mr. DellaCorte, Member Absent: Mr. Warren, Others Present: Page 1 Minutes of October 25,2005 r,l!\IUTES /, F'f'r~OVED r r"' n< L1 r tD ; J: Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman V ice-Chairman Member Member Member Mr. Caviglia, Special Counsel Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary "..... SUMMARY Public Hearin2s: Maryann & Andrew Coffey - Variance Granted. Robert & Loretta Usher -Variance Granted. William Verlin -To vote on decision, November 9,2005. Discussion: Dara Gray O'Connor Subdivision Darleen Phoenix Marcelo & Maria Munoz Verizon Wireless Interpretation: Trans Star Enterprises .""-'" -Public Hearing on November 22,2005. -Public Hearing on November 9,2005. -Public Hearing on November 9,2005. -Public Hearing on November 9, 2005. -Discussion on November 9,2005. -Public Hearing on December 13, 2005. Town of Wappinger Zoning Board of Appeals ~ Mr. Prager: Mr. DellaCorte: Vote: Mr. Prager: Mr. DellaCorte: Vote: Page 2 Minutes of October 25, 2005 Motion to approve Minutes for October 12, 2005 Second the motion. All present voted aye. Motion to approve Site Minutes for October 22, 2005 as amended. Second the motion. All present voted aye. Appeal No. 05-7278 Marvann & Andrew Coffev- 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 18 feet to allow for a 20 X 16 foot open deck with stairs, thus reQuestine: a variance of 7 feet. The property is located at 30 Hi View Road and is identified as Tax Grid No. 6358-01-044749 in the Town of Wappinger. Mr. Prager: Ms. McEvoy-Riley: Vote: Mr. Fanuele: Mrs. Roberti: ~ Mr. Fanuele: Mr. Coffey: Mr. Fanuele: Mr. Prager: Ms. McEvoy-Riley: Vote: Mr. Prager: Mr. OellaCorte: 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. I am requesting a variance of 7 feet for a deck. My house is 18 feet from the property line and that is where the edge of the deck would be. So you want to add a deck that would be no closer to the property line than the house is already. We were out there for a site inspection. Are there any questions from the audience? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. I don't believe it will be detrimental to any nearby properties, nor will it be undesirable, it is not substantial at 28 % 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 3 Minutes of October 25, 2005 Appeal No. 05-7282 Robert & Loretta Usher- Seeking an area variance of Section 240-37 of District Regulations in an R-20 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 a 2-storv addition, thus reQUestiDl! a variance of 5 feet. The property is located at 105 Spook Hill Road and is identified as Tax Grid No. 6257-01- 203529 in the Town of Wappinger. Mr. Prager: Mr. DellaCorte: Vote: Mr. Fanuele: Mrs. Roberti: Mr. Fanuele: Mr. Usher: ....... Mr. Fanuele: Mr. Usher: Mr. Prager: Mr. DellaCorte: Vote: Mr. Prager: Mr. DellaCorte: 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. I would like to put an extension onto my home and would like to go 5 foot closer to the property line than is allowed in order to give our mother the same amount of room as she is accustomed too. Is there anyone in the audience with a question or a comment? Hearing none. We did go out there for a site visit. I did notice that the addition will be two feet less than the deck you have. Yes. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the public hearing. This will not be detrimental to any nearby properties, it won't be undesirable, and it is not substantial but 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 4 Minutes of October 25, 2005 ........ 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: Are the mailings in order? Mrs. Roberti: Yes they are. Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Fanuele: Swore in the applicant. Mr. Verlin: I would like to put an in ground pool in my front yard. I have a 30 foot elevation and am 280 feet from the road to the edge of the pool. This is where I would like to spend my free time since it faces the river. I have a steep slope in the rear, my septic and footing drains. ".... Ms. McEvoy-Riley: What type of fencing will you have? Mr. Verlin: Probably vinyl fencing. Ms. McEvoy-Riley: That's my worry, what it will look like. Mr. Verlin: I hadn't gone as far as picking out the fence yet. Mr. Fanuele: Can you put plantings 5 or 10 feet from the pool to hide it from the road? Mr. Verlin: I intend to put some landscaping on the hill for erosion control. Mr. Fanuele: Is there anyone in the audience with a comment? Hearing none. Ms. McEvoy-Riley: Mr. Prager: Vote: Motion to close the public hearing. Second the motion. All present voted aye. Mr. Fanuele: I would like to table the decision until we have a full board for Mr. Verlin. You could have us vote tonight but you might want to wait. ....... Town of Wappinger Zoning Board of Appeals Page 5 Minutes of October 25, 2005 ........ Mr. Verlin: Ok. Ms. McEvoy-Riley: I'd like to motion to adjourn this until November 9th, 2005 for a vote. Second the motion. All present voted aye. Mr. DellaCorte: Vote: Appeal No. 05-7281 Dara Gray- 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 an 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. Present: Alfred Cappelli - Architect Mr. Cappelli: This is a one story addition to go from the rear for the entire length. The existing structure is slightly askew from the left property line and is 15 feet to the property line and our addition is going to be set slightly in which requires us to obtain a 5 foot variance. ......... Mr. Fanuele: Who's next to you on the left? Mr. Cappelli: A neighbor. Mr. Fanuele: We will set a site inspection for October 29,2005 and your public hearing for November 22, 2005. Mr. Cappelli: Thank you. 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 0' Connor - Steve Bums Owner Barger Engineering ........ Town of Wappinger Zoning Board of Appeals Page 6 Minutes of October 25, 2005 ""'" Mr. Fanuele: Are you subdividing this property? Mr. O'Connor: Yes. Dick Barger is doing the engineering. I have already drilled a well and have ownership for 1'2 of the road in my deed that follows down the length of my property on Johnson Place. This is a private road with a maintenance agreement with the owners of Johnson Place. Mr. DellaCorte: It's difficult to tell just what you're trying to do. Mr. Prager: I see a driveway in the middle of lot 2. Mr. Bums: The rectangle is the setbacks and the septic has already received approval so what we are asking is for a variance to access Johnson Place. Mr. 0' Connor: The property has been there since 1952 and I am there since August 29, 2002 Mr. Fanuele: Your existing lot on Cedar Hill has access off of Johnson Place? Mr. O'Connor: Yes and lot two would also gain access from Johnson Place. ""'" Mrs. Lukianoff: The subdivision regulations state that access must be from a town road. Mr. O'Connor: Richard Fay won access in court in 1991 for a subdivision on this very road. Mr. Fanuele: We will do a site inspection on October 29,2005 and set your public hearing for November 9, 2005. Please put stakes where the new driveway will be. Mr. O'Connor: Thank you. Appeal No. 05-7286 Darleen Phoenix- Seeking an area variance of Section 240-37 of District Regulations in an R-I0 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 reQUestin2 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 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. .......... Town of Wappinger Zoning Board of Appeals Page 7 Minutes of October 25,2005 .......... Mr. Prager: Will this shed have electric? Mrs. Phoenix: No. Mr. Prager: What kind of a floor will you have? Mrs. Phoenix: Vinyl. Mr. Prager: These are very small lots in this area so we will come out and take a look at this. Mr. DellaCorte: Can we get back there if your not home? Mrs. Phoenix: Yes. Mr. Fanuele: Your site visit will be October 29, 2005 and your public hearing will be November 9th, 2005. Mrs. Phoenix: Thank You. .......... 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. Present: Barbara D'Ordano - Real Estate Broker for the applicant. Ms. D'Ordano: This lot is in a new subdivision and it was a spec house with a very shallow rear yard at the end of a cul-de-sac. Central Hudson has a large transfer station on this property that takes up about a 1/3 of an acre. There is no one behind him because the property slopes down to All Angels Hill Road. Mr. Prager: Is this the development off of V omdran Road? Ms. D'Ordano: Yes. Mr. Fanuele: What's between your property and All Angels Hill Road? Ms. D'Ordano: It's an incline. "'-- Town of Wappinger Zoning Board of Appeals Page 8 Minutes of October 25, 2005 Mr. Fanuele: We will have a site inspection on the October 29, 2005 and your public hearing will be on November 9,2005. '- Mr. Munoz: Thank you. 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 existin2 dwellin2. the applicant is proposin2 the tower to be within 750 feet of seven existin2 dwellin2s located off of Hackensack H2tS. Road. thus reQuestin2 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: Scott Olson - Attorney for Verizon Wireless Mr. Olson: We are proposing two towers in the Town of Wappinger. Only this tower requires a variance and we have been working very hard with the PB to find a site that meets all the proper setbacks. This site is in an AI zoning district which is preferred under your tower law. This property currently has received site plan approval under MJD & Sons. They have agreed to lease a portion of the property to construct approximately an 80 monopole tower along with a 12 X 30 equipment shelter on the property. We did the best we could to locate the tower as far away from the residential property as possible. There is no way to avoid them all on this property. We have searched for other properties to meet your setback requirements but this was the best that we could find. The variances required are between 155 feet and 208 feet from the residences. One of the good things about this is that the property is surrounded by very mature vegetation and we included a picture from New Hackensack Road. We floated a balloon and our consultant said that it couldn't be seen from that road. "-- Mr. DellaCorte: I assume the balloon was floated in the summer? (Correct. ) What about in the fall when the leaves have fallen? Mr. Olson: I can see what they can do with our software, obviously the leaves won't be off for a couple of weeks Mr. Fanuele: Is the driveway in yet? Mr. Olson: No. We will use the same driveway for the building with a gravel drive off. Mr. Prager: Can you move the building? '- Town of Wappinger Zoning Board of Appeals Page 9 Minutes of October 25, 2005 ....... Mr. Olson: I don't think it's out of the question but I would have to ask the applicant. Mr. Prager: That might bring this away from at least one of the parcels. Mrs. Lukianoff: May I add that the ordinance notes that it only is existing dwellings, not proposed. Mr. Prager: Look to see about moving the building to the left before a public hearing. Mr. DellaCorte: As far as the tower view, how about towers that look like trees, is that an option? Mr. Olson: I'll raise the issue with my client. It might work. Mr. Fanuele: There really is no point in a site visit. Mrs. Lukianoff: There are seven dwelling within the 750 feet and each should be listed separately. Mr. Olson: I will do that by grid numbers. Mr. Fanuele: We will meet back on November 9th. Can you get us the requested information by then? ....... Mr. Olson: Yes. Thank you. Appeal No. 05-7272 Trans Star Enterprises. Inc. The applicant requests an interpretation that it does not require an amended site plan for the subject property pursuant to Section 240-83 ofthe Town's Zoning Code. The property is located at 6-9-0Id Route 9 and is identified as Tax Grid No. 6158-04-531030 in the Town of Wappinger. Present: John Sarcone - Attorney Joseph Boyce - Owner Mr. Sarcone: Our court reporter is here as well as our client tonight and I am the attorney that is representing Mr. Boyce for Trans Star Enterprises. This is a pre-existing non-conforming use that pre-dates zoning. This came up several years ago in a trial before Judge Kitchen where the jury said he did not need a site plan. In 1997 my client had three building permits and three Cc's issued to him. They were for Trans Star and ~ Town of Wappinger Zoning Board of Appeals Page 10 Minutes of October 25, 2005 '-' Glass Unlimited. The town has not revoked the building permit or the Cc's and they remain valid to date. If you look at the property behind this it is the DPW and town re-cycle center. Mr. Fanuele: When did your client take possession of this property? Mr. Sarcone: In 1997. Mr. Fanuele: When did the trucking go out of business? Mr. Prager: It was Dean Trucking. Mr. Sarcone: I'm not sure. Ms. McEvoy-Riley: Was there ever a time it was not used? Mr. Sarcone: My client has always run a business from it. Mr. Prager: What was there in 19917 Mr. Boyce: Nothing was there, it was empty. Mr. Prager: Before that it was Dean. ....... Mr. Boyce: I think Dean ceased operation in 1990. Mr. Sarcone: The use of the property runs with the land. Mr. DellaCorte: You said that all the same businesses are there since 1997? Mr. Sarcone: Since late 1997-98. There have been other businesses that have tried to open up there but because of this entanglement that has been going on the people are reluctant to open up there business which is hurting my client. Mr. Fanuele: You said when he took over the property there was no one there, all business had ended. Mr. Sarcone: Yes, Dean Trucking was the last operator of the place. He bought land and property, no one was using it at the time. Mr. DellaCorte: Have some of the businesses come and gone over the years? Mr. Boyce: Yes. Mr. Prager: So you're here before us because you want an interpretation that you believe that you do not require an amended site plan, correct? -......- Town of Wappinger Zoning Board of Appeals Page 11 Minutes of October 25,2005 . .-....- Mr. Sarcone: That's correct. Mr. Fanuele: Did you have a site plan? Mr. Sarcone: No, it pre-dated zoning, there was none required. Mr. Fanue1e: The code says that if you change the use even though it's a permitted use that you need a site plan. Mr. Sarcone: My interpretation is if it says fast food and another comes in, you don't need a change in site plan. Mr. Fanue1e: Does everyone understand what they are asking for? (Yes.) I've been informed that you need a public hearing. Mr. Sarcone: I have arbitration on November 9,2005 so can we have another date. Mr. Prager: Can we have a copy of the minutes provided by the recorder? Mr. Sarcone: Yes. I also welcome you to visit the site. Could we have the pubhc hearing on December 13, 2005? Mr. Caviglia: Are you citing any court cases? Mr. Sarcone: I can and I will. I also ask that Marco recuse himself since he already has pre-judged this case. ....... Mr. Caviglia: ., We will take that under advisement. Mr. Fanue1e: Your public hearing will be on December 13,2005 and we will do a site visit on November 5, 2005. Mr. Sarcone: Thank you. Ms. McEvoy-Riley: Mr. Prager: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 9:00 PM Re.s~../.e7.~:Ull;.SU..b~itt~/~ c!-Jt~~ Barbara RobertiySecretary Secretary - Zoning Board of Appeals "-"