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2005-07-26 ZONING BOARD OF APPEALS July 26, 2005 ~ Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: July 26,2005 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for June 29, 2005. Approve site minutes for July 16, 2005. Public Hearinl!: ~ Appeal No. 05-7270 A & B Carlos Prince - Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District. -Where a side yard setback of 25 feet is required, the applicant is proposing a side yard setback of 18.81 feet to allow for a 13' X 25' aud 9' X 6' wrap around deck, thus reQuestinl! a variance of 6.19 feet. -Where a rear yard setback of 50 feet is required, the applicant is proposing a rear yard setback of 20 feet to allow for a 13' X 25' and 9' X 6' wrap around deck, thus reQuestinl! a variance of 30 feet. - Where a rear yard setback of 50 feet is required, the applicant is proposing a rear yard setback of 13 feet to allow for an 18 foot above l!round pool, thus reQuestinl! a variance of 37 feet. The property is located at 25 Peters Road and is identified as Tax Grid No. 6357-03-024070 in the Town of Wappinger. Discussions: 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 reQuestinl! a variance of 17 feet. The property is located at 10 Lenny 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' existinl! wrap around deck, thus reQuestinl! a variance of 10' 6" . The property is located at 324 Pine Ridl!e Drive and is identified as Tax Grid No. 6257-04- 649238 in the Town of Wappinger. '-' 1 ZONING BOARD OF APPEALS July 26, 2005 .-...,., 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 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. '-' -- 2 Town of Wappinger Zoning Board of Appeals Page I Minutes of July 26, 2005 "'--" MINUTES Town of Wappinger Zoning Board of Appeals July 26, 2005 Town Hall 20 Middlebush Road Wappinger Falls, NY Summarized Minutes MINUTES APPROVED Members Present: Mr. Fanuele, Mr. Prager, Mr. Warren, Mr. DellaCorte, AUS 0 J 2005 Chairman Vice-Chairman Member Member Members Absent: Ms. McEvoy-Riley Member Others Present: Mr. Caviglia, Special Counsel Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary "-- SUMMARY Public Hearinf!s: Carlos Prince - Variance's granted. Discussions: Abdul & Jasmine Choudhury -Public Hearing set for August 9, 2005. Vincent & Elizabeth Bruno -Public Hearing set for August 9, 2005. Curt & Krysty Ginader -Public Hearing set for August 9, 2005. """" Town of Wappinger Zoning Board of Appeals '-" Mr. Warren: Mr. DellaCorte: Vote: Mr. Warren: Mr. DellaCorte: Vote: Page 2 Minutes of July 26, 2005 Motion to approve Minutes for June 29, 2005. Second the motion. All present voted aye. Motion to approve Site Minutes for July 16, 2005. Second the motion. All present voted aye. Appeal No. 05-7270 A & B Carlos Prince - Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District. -Where a side vard setback of 25 feet is required, the applicant is proposing a side vard setback of 18.81 feet to allow for a 13' X 25' and 9' X 6' wrap around deck, thus reQuestine a variance of 6.19 feet. - Where a rear yard setback of 50 feet is required, the applicant is proposing a rear yard setback of 20 feet to allow for a 13' X 25' and 9' X 6' wrap around deck, thus reQuestine a variance of 30 feet. - Where a rear yard setback of 50 feet is required, the applicant is proposing a rear vard setback of 13 feet to allow for an 18 foot above eround pool. thus reQuestine a variance of 37 feet. The property is located at 25 Peters Road and is identified as Tax Grid No. 6357-03-024070 in the Town of Wappinger. '-" Mr. DellaCorte: Mr. Warren: Vote: Mr. DellaCorte: Mrs. Roberti: Mr. Fanuele: Mr. Prince: Mr. Fanuele: Mr. Prince: Mr. Fanuele: Mr. Prince: '-" Motion to open the public hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. Swore in the applicant. I want to put a wrap around deck on my house and pool in the back and since the law changed since the time I bought the house I need to get a variance to get my pool and deck. We did a site visit to your home and my question is, do you have a well and septic on that property? Yes I do. The septic is to the left side. You don't have a lot of room on that lot. The house was not set in a good place. Town of Wappinger Zoning Board of Appeals ......... Mr. DellaCorte: Mr. Prince: Mr. Fanuele: Mr. Warren: Mr. DellaCorte: Vote: Mr. DellaCorte: Mr. Warren: Roll Call: Page 3 Minutes of July 26, 2005 Is the well in the front? Yes. Is there anyone in the audience with a question or a comment? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Motion to approve the three variances. They are self-created and I don't see any other way around what you would like to do. They are substantial but you have a very small lot and this won't be detrimental or cause an undesirable change in the neighborhood. Second the motion. Mr. Warren: Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Aye. Appeal No. 05-7271 Abdul & Jasmine Choudhurv - 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 Lenny Court and is identified as Tax Grid No. 6257-01-348556 in the Town of Wappinger. ......... Mr. Fanuele: Mr. Choudhury: Mr. Fanuele: Mr. Choudhury: '-"" This was a cluster subdivision and should be considered R-20 which would mean that you need less of a variance. So you will need 20 feet to the side and that would mean a 12 foot variance. I bought the house in 1989 and there was a sliding door but no deck and I had two small children and it just dropped off from the door. I hired Mr. Foster a contractor person to add a deck. Now I realize I should have had a permit. The deck was built in April of 1990. The house is very close to the rear line. The original owner only lived there for 6 months and then I bought it. I don't know how the house got a town permit without a deck and only a door that goes no where. So the house was built without a deck and yet it got a CO. We will do a site visit on July 30, 2005 and your public hearing will be on August 9th, 2005. Can you put a stake on your property line for us? There is a fence from my neighbor in the rear and that is the property line. Town of Wappinger Zoning Board of Appeals Page 4 Minutes of July 26, 2005 ....... 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. Mr. Bruno: The deck was already on the house when we bought it in August 2002. We have now received a letter that there was no permit on the house and we need to legalize it. Mr. Fanuele: When did you buy the house? Mr. Bruno: Three years ago, August will be three. No one said anything to us. Mr. Fanuele: We will come out and do a site visit Saturday and set a public hearing for August 9,2005. Mr. DellaCorte: Please stake out the property line for us. Mr. Bruno: It's kind of a hill, but I can put a stake at 14'6". ....... 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 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. Mr. Fanuele: Are you replacing this deck? Mrs. Ginader: Yes, the original deck had no permit for it and so we are taking that down and putting a new one up. We are going out further to the side but not further toward the rear. The rear setback will remain the same as the original deck. Mr. Fanuele: Was the deck there when you bought the house? Mrs. Ginader: Yes. We bought this in 1990 and the deck was not done properly. Mr. Fanuele: We will come out and do a site visit Saturday at your property around 10:00 a.m. and we set a public hearing for August 9, 2005. '- Mrs. Ginader: Thank you. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of July 26, 2005 '-' Mr. Fanuele: I have a few things to bring up tonight. First is anyone interested in the Pace Law School land training offered in October? Discussion followed. Trans Star, do we need a public hearing for an interpretation? Mr. Caviglia: I will verify that for you. Mr. Fanuele: Mr. DellaCorte : Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM ....... ~espe fully SUlJ Itte, ! ,bud 2c.//)' arbara Roberti, Se retary !Secretary - Zoning Board of Appeals ""'"