Loading...
2005-08-09 ZONING BOARD OF APPEALS August 9, 2005 "-' Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: August 9, 2005 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for July 12, 2005. Approve minutes for July 26, 2005. Approve site minutes for July 30, 2005. Public Hearings: Appeal No. 05-7271 Abdul & Jasmine Choudhury - 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 8 feet to allow for a 12' X 16' open wood deck with stairs. thus reQUestin2 a variance of 17 feet. The property is located at 10 Lennv Court and is identified as Tax Grid No. 6257-01-348556 in the Town of Wappinger. "-' Appeal No. 05-7273 Vincent & Elizabeth Bruno - 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 14' 6" to allow for a 24' X 15' existin2 wrap around deck. thus reQUestin2 a variance of 10' 6" . The property is located at 324 Pine Rid2e Drive and is identified as Tax Grid No. 6257-04- 649238 in the Town of Wappinger. Appeal No. 05-7274 Curt & Krvstv Ginader- 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 32.3 feet to allow for a 10 X 12 deck to replace an existin2 deck. thus reQUestin2 a variance of 7.7 feet. The property is located at 13 Mina Drive and is identified as Tax Grid No. 6157-02-974800 in the Town of Wappinger. ,..... Town of Wappinger Zoning Board of Appeals Page 1 Minutes of August 9, 2005 '-- MINUTES MINUTES APPROVED AUG 2 3 2005 Town of Wappinger Zoning Board of Appeals August 9, 2005 Town Hall 20 Middlebush Road Wappinger Falls, NY Summarized Minutes Members Present: Mr. Fanuele, Mr. Prager, Mr. Warren, Chairman Vice-Chairman Member Members Absent: Ms. McEvoy-Riley Member Mr. DellaCorte, Member Others Present: Mr. Caviglia, Special Counsel Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary '-- SUMMARY Public Hearin2s: Abdul & Jasmine Choudhury - Variance Granted Vincent & Elizabeth Bruno - Variance Granted Curt & Krysty Ginader - Variance Granted '-- Town of Wappinger Zoning Board of Appeals ~ Mr. Warren: Mr. Prager: Vote: Mr. Warren: Mr. Prager: Vote: Mr. Warren: Mr. Prager: Vote: Page 2 Minutes of August 9, 2005 Motion to approve Minutes for July 12, 2005 Second the motion. All present voted aye. Motion to approve Minutes for July 26, 2005 Second the motion. All present voted aye. Motion to approve Site Minutes for July 30, 2005. Second the motion. All present voted aye. Appeal No. 05-7271 Abdul & Jasmine Choudhurv - 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 8 feet to allow for a 12' X 16' open wood deck with stairs, thus reQuestine a variance of 12 feet. The property is located at 10 Lennv Court and is identified as Tax Grid No. 6257-01-348556 in the Town of Wappinger. ~ Mr. Prager: Mrs. Roberti: Mr. Prager: Mr. Warren: Vote: Mr. Choudhury: Mr. Fanue1e: '-- Are the mailings in order? Yes they are. Motion to open the public hearing. Second the motion. All present voted aye. I bought my house in 1989, it was built in 1987. When I bought the house it had a sliding glass door in the rear but no deck. We had to keep the door locked because of little children. In the spring of 1990 we hired a contractor to build a deck and he said we didn't need a permit. Now I am planning on selling it and we need to make the house legal. The house was given a CO without a deck? Town of Wappinger Zoning Board of Appeals Page 3 Minutes of August 9, 2005 '-- Mr. Choudhury: Yes but the planning board should not allow houses to be so close to the rear property line. Mr. Prager: These things did get through the cracks at times. Mr. Panuele: So the deck is up and there is also a fence in the rear as we did a site visit to this property. Is there anyone in the audience with a question or a comment? Hearing none. Mr. Prager: Mr. Warren: Vote: Motion to close the public hearing. Second the motion. All present voted aye. Mr. Prager: Motion to grant the variance. I don't feel this will be detrimental to the neighborhood nor will cause any environmental problems. I don't see any other feasible way for this to be done. This is substantial though at 68 %. Second the motion. Mr. Warren: Aye. Mr. Prager: Aye. Mr. Panuele: Aye. Mr. Warren: Roll Call: '-- Appeal No. 05-7273 Vincent & Elizabeth Bruno - 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 14' 6" to allow for a 24' X 15' existine wrap around deck. thus reQuestine a variance of 10' 6" . The property is located at 324 Pine Ridee Drive and is identified as Tax Grid No. 6257-04- 649238 in the Town of Wappinger. 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. Bruno: We bought this house three years ago and the deck was existing and now I am trying to re-finance and we received a letter from the building department stating that I need to make this legal. Mr. Prager: This is the same deck, you didn't extend it or anything? Mr. Bruno: It's exactly the same. ....... Town of Wappinger Zoning Board of Appeals Page 4 Minutes of August 9, 2005 '-" Mr. Fanuele: When did you buy this house? Mr. Bruno: Three years ago. Mr. Fanuele: We did do a site visit at this property. Is there anyone in the audience with a comment? Hearing none. Mr. Prager: Mr. Warren: Vote: Motion to close the pnblic hearing. Second the motion. All present voted aye. Mr. Warren: Motion to grant the variance. This will not produce an undesirable change in the neighborhood. It is a little substantial at 42 % and they didn't really create this. Second the motion. Mr. Warren: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. Mr. Prager: Roll Call: ........ Appeal No. 05-7274 Curt & Krysty Ginader- 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 32.3 feet to allow for a 10 X 12 deck to replace an existine deck, thus reQuestine a variance of 7.7 feet. The property is located at 13 Mina Drive and is identified as Tax Grid No. 6157-02-974800 in the Town of Wappinger. Mr. Prager: Are the mai lings 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. Mrs. Ginader: We bought this house in 1990 and it had a little 6 X 6 foot deck off the rear door. We would like to replace it and the building inspector said it should be replaced and that it was not built properly. We would like to replace it but make it a little larger. It will not go past the original line and there will be no steps. Mr. Fanuele: We also did a site visit at this house. Does anyone on the board have any questions? (No.) Is there anyone in the audience with a comment? Hearing none. ........ Town of Wappinger Zoning Board of Appeals Page 5 Minutes of August 9, 2005 ......... Mr. Prager: Mr. Warren: Vote: Motion to close the public hearing. Second the motion. All present voted aye. Mr. Prager: I'll make a motion to grant the variance. I don't think it will be detrimental to nearby properties or change the character of the neighborhood. There really is no other option and it is not substantial at 19 %. Second the motion. Mr. Warren: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. Mr. Warren: Roll Call: Mr. Prager: Mr. Warren: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:00 PM "-" Respectfully Submitted, , I ~ J ./~ / " " c' . C/}at'ltzc/Z 0jJ:-tfLk~ /1--77 . Barbara Roberti, Secretary Secretary - Zoning Board of Appeals ""