Loading...
2005-09-13 ZONING BOARD OF APPEALS September 13, 2005 ......... Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: September 13, 2005 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for August 23,2005 Approve site minutes for August 27, 2005 Public Hearings: Appeal No. 05-7275 Vincent Newland -Seeking an area variance of Section 240-37 of District Regulations in an R-40/80 Zoning District. -Where the code states..jn no case shall Accessory Structures be permitted in the front yard the applicant requests a variance for a two-car garage in the front yard in the size of 24" X 24". The property is located at 23 Wild Turkey Run and is identified as Tax Grid No. 6056-02- 534898 in the Town of Wappinger. Discussions: ....... Appeal No. 05-7276 Marc & Kellv Alston -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a front yard setback of 75 feet is required from a state or county road, the applicant is proposing a front yard setback of 54 feet to allow for a open wood deck with stairs. thus reQuestine: a variance of 21 feet. The property is located at 2385 Route 9D and is identified as Tax Grid No. 6157-01- 108658 in the Town of Wappinger. Appeal No. 05-7277 Richard Morrison- Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 21 feet to allow for a 26 X 14 deck. thus reQuestine: a variance of 19 feet. The property is located at 82 Widmer Road and is identified as Tax Grid No. 6158-02-934567 in the Town of Wappinger. Interpretation: Appeal No. 05-7272 Trans Star Enterprises. Inc. The applicant requests an interpretation that it does not n~quire an amended site plan for the subject property pursuant to Section 240-83 of the 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. ......... I Town of Wappinger Zoning Board of Appeals Page I Minutes of September 13, 2005 ~ MINUTES ':,'1,~::UT2S -"-'-'0. :=0 ,-,,), (, 7 ",,.. ~ " ' _/ L ,~ - _... I, ..:-__,.;; Town of Wappinger Zoning Board of Appeals September 13, 2005 Town Hall 20 Middlebush Road Wappinger Falls, NY Summarized Minutes Members Present: Mr. Fanuele, Mr. Prager, Mr. Warren, Ms. McEvoy-Riley Chairman V ice-Chairman Member Member Member Absent: Mr. DellaCorte, Member Others Present: Mr. Caviglia, Special Counsel Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary ......... SUMMARY Public Hearin2s: Vincent Newland - Variance Granted. Discussion: Marc & Kelly Alston -Public Hearing on September 27,2005. Richard Morrison- -Public Hearing on September 27,2005. '-' .'-"' ......... ...... lit Town of Wappinger Zoning Board of Appeals Mr. Prager: Mr. Warren: Vote: Mr. Prager: Mr. Warren: Vote: Page 2 Minutes of September 13, 2005 Motion to approve Minutes for August 23, 2005 Second the motion. All present voted aye. Motion to approve Site Minutes for August 27, 2005 Second the motion. All present voted aye. Appeal No. 05-7275 Vincent Newland -Seeking an area variance of Section 240-37 of District Regulations in an R-40/80 Zoning District. -Where the code states...in no case shall Accessory Structures be permitted in the front yard the applicant requests a variance for a two-car garage in the front yard in the size of 24" X 24". The property is located at 23 Wild Turkey Run and is identified as Tax Grid No. 6056- 02-534898 in the Town of Wappinger. Mr. Prager: Mrs. Roberti: Mr. Prager: Mr. Warren: Vote: Mr. Fanuele: Mr. Newland: Mr. Fanuele: Mr. Newland: Are the mailings in order? Yes. Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. I want to construct a detached 24 X 24 feet garage in the front of my house on the right hand side. You are located quite a bit back from the road? That's correct. The house is probably 900 feet from River Road and the garage would be about 600 feet from the road. Town of Wappinger Zoning Board of Appeals ,..,.. Mr. Fanuele: Mr. Prager: Mr. Warren: Vote: Mr. Prager: Mr. Warren: Roll Call: Page 3 Minutes of September 13, 2005 We did a site visit and the house in front of you is close to the road. Is there anyone in the audience with a question or comment? Hearing none. Anyone on the board? (No.) Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. It does not appear to be detrimental nor undesirable to the neighborhood although it is self-created. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Prager: Mr. Fanuele: Aye. Aye. Aye. Aye. Appeal No. 05-7276 Marc & Kellv Alston -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a front yard setback of 75 feet is reQuired from a state or county road, the applicant is proposing a front yard setback of 54 feet to allow for a open wood deck with stairs. thus reQuestine: a variance of 21 feet. The property is located at 2385 Route 9D and is identified as Tax Grid No. 6157-01- 108658 in the Town of Wappinger. "-" Mrs. Alston: Mr. Fanuele: Mrs. Alston: Mr. Prager: Mrs. Alston: Mr. Fanuele: ,..,.. We would like to build a small walk up deck with stairs in order to get to our dining room. I'm confused, you say the back and yet the variance is for the front? It's actually because the house was built sideways and the front door is on one side and the rear door is on the other side of the house. When did you purchase this home? This June 2005. So the deck will be further back then the front of the house? Town of Wappinger Zoning Board of Appeals ......... Mrs. Alston: Mr. Prager: Mrs. Alston: Mr. Fanuele: Mrs. Alston: Page 4 Minutes of September 13, 2005 Right. Where is this house on 9D? Just down a few homes from the basket store. We will do a site visit on Saturday, September 17, 2005 and your public hearing September 27,2005. Thank you. Appeal No. 05-7277 Richard Morrison- Seeking an area variance of Section 240-37 of District Regulations in an R- 20 Zoning District. -Where a rear yard setback of 40 feet is reQnired, the applicant is proposing a rear yard setback of 21 feet to allow for a 26 X 14 deck. thus reQuestine a variance of 19 feet. The property is located at 82 Widmer Road and is identified as Tax Grid No. 6158-02-934567 in the Town of Wappinger. Mr. Morrison: ~ Mr. Warren: Mr. Morrison: Mr. Fanuele: Mr. Morrison: Mr. Fanuele: Mr. Morrison: Mr. Fanuele: ......... My house sits caddy-cornered on the property and in the back right hand comer there is already a deck of about 9 X 6 feet. That is where the variance would be because it gets close to the property line and that deck is basically falling down. So what I want to do is build a deck on the side of the house which would be 26 X 14 and wrap it around to where this old deck is. Did you build the original deck? No we bought this about 10 years ago and the deck I think was built in 1979. The house was moved back once because of the well and septic. Can the property behind you see the deck? No we own 9 acres in the rear and it is wooded. We will do a site visit on Saturday and set your public hearing for September 27, 2005. Thank you. Trans Star has asked for an adjournment to October 12, 2005. We believe they should set up an escrow of$1000.00. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of September 13, 2005 Mrs. Roberti: I will send a letter to their attorney that the escrow should be established prior to the October 12,2005 meeting. ...... Mr. Prager: Has anything been done with the Stear subdivision issues? Mr. Caviglia: I am looking into that. Mr. Prager: Ms. McEvoy-Riley: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM ReS~UllY Submitted, /70/k7t'c2'?d~ ~bara Roberti, Secr~;;z?t Secretary - Zoning Board of Appeals ~ .........