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2005-10-12 ZONING BOARD OF APPEALS October 12, 2005 .......... Amended October 12/ 2005 Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: October 12, 2005 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for September 27, 2005. Approve site minutes for October 1, 2005. Public Hearings: Appeal No. 05-7279 John & Tammv Carpentieri- Seeking an area variance of Section 240-37 of District Regulations in an R- 15 Zoning District. -Where a rear yard setback of 30 feet is required, the applicant is proposing a rear yard setback of 23 feet 3 inches to allow for a 16' 6" X 32'6" in-l!round pool, thus requestinl! a variance of 6 feet 9 inches. -Where a side yard setback of 15 feet is required, the applicant is proposing a side yard setback of 6 feet 9 inches to allow for a 16' 6" X 32'6" in-l!round pool, thus requestinl! a variance of 8 feet 3 inches. The property is located at 17 Orchard Drive and is identified as Tax Grid No. 6257-01-270512 in the Town of Wappinger. '- Appeal No. 05-7280 DCH Preparation Center - Seeking an area variance of Article VIII, 240-70 Paragraph C of District Regulations in an HB Zoning District. - Where overhead I!aral!e doors providinl! access to maintenance and repair facilities shall not be located facinl! any street and shall be visually buffed from surroundinl! residential districts, the applicant is proposing one overhead I!aral!e door to be located facinl! Old Route 9. The property is located on Old Route 9 and is identified as Tax Grid No. 6157-02- 567678/558657 in the Town of Wappinger. Discussions: Appeal No. 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 requestinl! a variance of 5 feet. The property is located at 105 Spookhill 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 Accessory 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. Town of Wappinger Zoning Board of Appeals Page 1 Minutes of October 12, 2005 1\1"iNUTES APPROVED MINUTES (JeT ? 'j 2~% ......... Town of Wappinger Zoning Board of Appeals October 12, 2005 Town Hall 20 Middlebush Road Wappinger Falls, NY Summarized Minutes Members Present: Mr. Fanuele, Mr. Prager, Ms. McEvoy-Riley Mr. DellaCorte, Mr. Warren, Chairman Vice-Chairman Member Member Member Others Present: Mr. Caviglia, Special Counsel Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary .......... SUMMARY Public Hearin2s: John & Tammy Carpentieri -Public Hearing on October 12, 2005. DCH Preparation Center -Public Hearing on October 12,2005. Discussion: Robert & Loretta Usher -Public Hearing on October 25,2005. William Verlin -Public Hearing on October 25,2005. ......... Town of Wappinger Zoning Board of Appeals '-" Mr. Warren: Mr. DellaCorte: Vote: Mr. Warren: Mr. DellaCorte: Vote: Page 2 Minutes of October 12,2005 Motion to approve Minutes for September 27,2005 Second the motion. All present voted aye. Motion to approve Site Minutes for October 1, 2005 Second the motion. All present voted aye. Appeal No. 05-7279 John & Tammv Carpentieri- Seeking an area variance of Section 240-37 of District Regulations in an R -15 Zoning District. -Where a rear yard setback of 30 feet is required, the applicant is proposing a rear yard setback of 23 feet 3 inches to allow for a 16' 6" X 32'6" in-eround pool, thus reQuestinl! a variance of 6 feet 9 inches. -Where a side yard setback of 15 feet is required, the applicant is proposing a side yard setback of 6 feet 9 inches to allow for a 16' 6" X 32'6" in-l!round pool, thus reQuestinl! a variance of 8 feet 3 inches. The property is located at 17 Orchard Drive and is identified as Tax Grid No. 6257-01-270512 in the Town of Wappinger. Mr. Fanuele: '-" Mrs. Roberti: Mr. Prager: Mr. Warren: Vote: Mr. Fanuele: Mr. Carpentieri: Mr. Prager: Mr. Carpentieri: Mr. Prager: Mr. Carpentieri: '-" Are the mailings in order? Yes. Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. I would like to install an in ground pool in my backyard. If I put the pool where I have the required setback I would have nothing left for a play area for my children. Could you possibly move it over to 9 feet even? That might be where the post for the deck of it is coming in. I could try and ask the gentleman to move it in as far as he can. We try to give the least variance that we can and this is 55 % which is substantial. Weare only talking 2 feet 3 inches. But if I move it that way then I will need to go further toward the back. Town of Wappinger Zoning Board of Appeals ~ Mr. Prager: Mr. Carpentieri: Mr. Prager: Ms. McEvoy-Riley: Mr. Carpentieri: Mr. Prager: Mr. Fanuele: Mr. Prager: Mr. Warren: Vote: Mr. Fanuele: ~ Mr. Carpentieri: Mr. Fanue1e: Mr. Prager: Mr. Warren: Roll Call: Mr. Carpentieri: Mr. Prager: '-'" Page 3 Minutes of October 12, 2005 Would it be entering onto to the deck or something else then? No it's just where it is now if! moved it, it would hit the post. If you go further back and add an apron and fence you will be just 2 feet from the rear. Then you would be too close to the rear. I can ask the installer to move it in as far as possible. Yes but we need to have an exact number for the variance. It just seemed a little close for me. Is there anyone in the audience with a question or comment? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. We want you to give your neighbor a little privacy since this will be so close. Maybe you can put slats into the fence. Actually I just had an estimate on a semi privacy fence all around the back yard. Make sure there are slats on that side facing your neighbor. I'll make a motion to grant the variance. I don't think it will be detrimental to nearby properties, not undesirable although there are alternatives and it is substantial at 55 % and it is self-created. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Aye. Nay. Nay. Aye. Aye. So when this guy comes to install the pool should I still try to have him move it in? I would appreciate that. Town of Wappinger Zoning Board of Appeals Page 4 Minutes of Octoher 12, 2005 ...... Appeal No. 05-7280 DCB Preparation Center - Seeking an area variance of Article VIII, 240-70 Paragraph C of District Regulations in an HB Zoning District. - Where overhead i!arai!e doors providini! access to maintenance and repair facilities shall not be located facini! any street and shall be visually buffed from surroundini! residential districts, the applicant is proposing one overhead i!arai!e door to be located facini! Old Route 9. The property is located on Old Route 9 and is identified as Tax Grid No. 6157-02- 567678/558657 in the Town of Wappinger. Present: Larry Paggi - Lawrence Paggi Engineering Lee Bums - Manager of Toyota Mr. Prager: Are the mailings in order? Mrs. Roberti: Yes. Mr. Prager: Mr. Warren: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Fanuele: Swore in the applicants. ......... Mr. Paggi: The reason we are here is specifically for the variance for the overhead door. Weare currently before the planning board and we are looking to install one overhead door facing Old Route 9 which we would like you to consider since it is important to this project. I went down Old Route 9 and I counted six buildings with doors facing the road and this will be an attractive facility with glass overhead doors. So it won't really look like an overhead door. Toyota has made concessions since they originally wanted eight across the front of the building. We were able to sell Toyota on the project with using just one overhead door. Mr. Prager: Do you want to explain any recommendation that they have made? Mr. Bums: We actually brought the issue up to the PB before we got started because we knew it would be a problem. We looked at traffic flow coming in through here and there were problems trying to direct people coming in through the parking lot for liability reasons. Mr. Paggi: The people enter the property and then immediately enter into the building. They will be physically greeted inside the building where they turn over their car to the service personnel and then they will either enter the waiting room or leave. The car will immediately be placed into a service bay. These appointments are made on a 15 minute interval. If for some reason the service cannot be performed at the time the vehicle is being dropped off for parts or whatever reason, there will be parking behind the building but that will be Toyota personnel that "-' Town of Wappinger Zoning Board of Appeals ........ Mr. Fanuele: Ms. McEvoy-Riley: Mr. Bums: Mr. Paggi: Mr. Fanuele: Mr. DellaCorte: '-" Mr. Bums: Mr. Fanuele: Mrs. Sanmartino: Mr. Fanuele: Mrs. Sanmartino: Mr. Paggi: Mrs. Sanmartino: '- Page 5 Minutes of October 12,2005 will be driving the vehicle back there. The purpose is to keep the customer driving on the site to a minimum to reduce liability. All the other overhead doors did not need a variance so they probably pre-date zoning. You say you wi11limit people to 15 minute intervals but I know myself! might go early so you're not going to limit people to that. My basic concern is the stacking distance from the door to the road and you say its about 3 car lengths. Can you move the entrance to the right or the left to allow for more room and allow the stacking on your own property? Maybe enter here or here because we believe you'll have more than 3 cars. There will be a fulltime porter to help direct and move those excess cars when that occurs. The PB brought up that issue also and we are trying to keep the customers away from the other vehicles on the site because this is also going to be inventory parking on this site as well. You're here today but what about another dealership down the road without a full time porter? Is this a Toyota requirement? They recommend it and we would like to have it because it keeps the customers flowing rather then having them in the rain and the snow. It just makes it a lot more convenient for everybody. Is there anybody in the audience with a comment or question? Eleanor Sanmartino, 118 Curry Road. Swore in Mrs. Sanmartino. Is this property on the left side? It is adjacent to your property. I was never notified that this would be happening until Mr. Bums called me to tell me he was bringing in equipment and I said wait a minute I was never notified about this and he said well I'm telling you now! I told him not to do anything until I spoke with Joe Ruggiero. I asked Joe if there were two sets of rules here and with that his secretary ran down to the PB and I told him that this was a junk yard filled with oil and truck parts, etc. and if they start digging I'm probably going to have a contaminated well. Then Mr. Bums tells me that he had my back yard surveyed because he thought it was his. I am neither blind nor stupid and I really object to this. Town of Wappinger Zoning Board of Appeals Page 6 Minutes of October 12, 2005 Mr. Fanue1e: Have you been to the PB meeting? ....... Mr. Sanmartino: Yes I have. Mr. Fanuele: What we are dealing with here is just the overhead door and the PB has the decision making power to grant the approval on the site plan. Mr. Paggi: She can come back on Monday to the Planning board to discuss the issues that she is talking about. Mrs. Sanmartino: Ok but I received a certified letter for this. Mr. Burns: But only for the door this evening. Mr. Paggi: You raised those issues at the PB and they asked us to address issues related to your well and also to your driveway and those issues will be discussed Monday night. Mrs. Sanmartino: Ok I will be there. Mr. Fanuele: Swore in Mr. Munoz. Mr. Munoz: Angel Munoz, 110 & 120 Curry Road. I object to the large door and the noise coming through the door. My property abuts this property right here. ....... Mr. Paggi: But the door is in the front of the building and you are in the rear. The alternative is no door and just having it open. Mr. Munoz: But you have a door in the rear? Mr. Paggi: Yes but the back door is lower. If you have noise concerns I would recommend that you also come on Monday. Mr. Munoz: Ok. Mr. Fanue1e: Is there anyone else in the audience with a concern. Hearing none. Mr. Prager: Mr. Warren: Vote: Motion to close the public hearing. Second the motion. All present voted aye. Mr. Fanuele: I would like to recommend that we send a letter to the planning board recommending that the stacking lane be increased by moving the entrance to either the right or the left. Mr. Burns: Moving it to the left really isn't an option and the door really has to stay where it is. We could look at a change in the curb cut. Mr. Paggi: I think it is appropriate if you feel this way to write the letter to the PB where we can discuss it. ',- Town of Wappinger Zoning Board of Appeals Page 7 Minutes of October 12, 2005 ......... Mr. DellaCorte: Motion to grant the variance with the stipulation that a letter is written recommending a relocation of the entrance drive to create a stacking lane. This is a self-created difficulty and we think there are other means available for the door. It is not really substantial and it does match the neighborhood. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Aye. Aye. Aye. Mr. Warren: Roll Call: Mr. Paggi: Thank you. Appeal No. 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-story addition, thus reQuestine 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. Usher: I would like to build a 2-story addition. This would be an extension for my mother-in-law on the second floor and the bottom level would be a garage. I am on the comer of Admore and Spook Hill. I would like to recreate the same amount of living space that she had before in the older part of the house so that she can accommodate all of her furniture and make her still as comfortable as she was. We have a 90 foot driveway that we will add 25 feet of the addition too. Mr. Prager: How long have you lived there? Mr. Usher: We are in the process of buying this from my mother-in-law and she has been there for over 30 years. Mr. Fanuele: We will come out to do a site visit on October 23rd and your public hearing will be on October 25th, 2005. Mr. Prager: Do you have architectural plans for this yet? Mr. Usher: Yes we do. We will bring them to the next meeting. Mr. Prager: Mark out the area to be affected by the addition. Mr. Usher: Thank you. '-- Town of Wappinger Zoning Board of Appeals Page 8 Minutes of October 12, 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..jn 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. Verlin: I would like to put an in ground pool in the front of my yard. Mr. Warren: Why? Mr. Verlin: Because I would like to spend my time out there. Mr. Prager: There's no reason other than that? Can't it go in the rear? Mr. Verlin: The grade is steep in the rear and I also have my septic back there. Mr. Fanuele: How far is the pool to the front of the house? ....... Mr. Verlin: About 40 feet to the front of the house. The front also slopes severely. I'm up about 30 feet in the front from the street. Mr. Fanuele: We will also come out to your property on October 23rd for a site visit and your public hearing will also be on the 25th of October. Mr. Verlin: South of me is the Town of Wappinger park property and the river is in front of me. Thank you. Mr. Prager: Ms. McEvoy-Riley: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8 :45 PM arbara Roberti, Secref. ry . Secretary - Zoning Board of Appeals .."....