2005-07-12
ZONING BOARD OF APPEALS
July 12, 2005
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Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: July 12, 2005
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve site minutes for July 2, 2005.
Public Hearines:
Appeal No. 05-7268
Dana & Gre!! Garner
- 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 39 feet to allow for a 20 X 40 in-!!round pool, thus reQuestin!! a variance of 11
feet.
The property is located at 46 Hillcrest Court and is identified as Tax Grid No. 6257-02-938852
in the Town of Wappinger.
Discussions:
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Appeal No. 05-7269
Winona Kutz
- 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 22 feet to allow for a 7' X 8' !!reen-house, thus reQuestin!! a variance of 3 feet.
The property is located at 319 Myers Corners Road and is identified as Tax Grid No. 6358-01-
220588 in the Town of Wappinger.
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' and 9' X 6' wrap around deck, thus reQuestin!! 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 reQuestin!! 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 !!round pool, thus reQuestin!! 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.
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Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of July 12, 2005
MINUTES
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Town of Wappinger
Zoning Board of Appeals
July 12,2005
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Members Present: Mr. Fanuele,
Mr. Prager,
Mr. Warren,
Mr. DellaCorte,
Chairman
Vice-Chairman
Member
Member
MINUTES
APPROVED
~US 092805
Summarized Minutes
Members Absent: Ms. McEvoy-Riley Member
Others Present:
Mr. Caviglia, Special Counsel
Mrs. Lukianoff, Zoning Administrator
Mrs. Roberti, Secretary
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SUMMARY
Public Hearin2s:
Dana & Greg Gamer
- Variance Granted.
Discussions:
Winona Kutz
-Public Hearing set for August 23,2005.
Carlos Prince
-Public Hearing set for July 26,2005.
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Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of July 12,2005
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Mr. Prager:
Mr. Warren:
Vote:
Motion to approve Site Minutes for July 2,2005 as amended.
Second the motion.
All present voted aye.
Appeal No. 05-7268
Dana & Gree: Garner
- 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 39 feet to allow for a 20 X 40 in-e:round pool. thus reQUestin2 a variance of 11
feet.
The property is located at 46 Hillcrest Court and is identified as Tax Grid No. 6257-02-938852
in the Town of Wappinger.
Mr. Prager:
Mr. Warren:
Vote:
Motion to open the public hearing.
Second the motion.
All present voted aye.
Mr. Prager:
Are the mailings in order?
Mrs. Roberti:
Yes.
Mr. Garner:
As I described a couple of weeks ago, our property is wider than it is
deep. We have a walk out basement and the deck protrudes about 15 to
16 off the back of it so we requested to push the pool back toward the
rear of our property a good 10 to 12 feet from the deck for safety
reasons and for visibility from the windows.
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Mr. Fanuele:
We did a site visit and the land itself does not lend itself to another
location for the pool.
Mr. Prager:
Why are you putting it to the left side?
Mr. Garner:
Our property actually goes to the left 60 to 70 feet.
Mr. Fanuele:
Does anyone in the audience have a comment? Hearing none.
Mrs. Lukianoff:
The swale on your property is very important so will the fence impact
that?
Mr. Garner:
After the fence is installed there will still be 4 feet.
Mr. Fanuele:
Anyone else?
Mr. Prager:
Mr. Warren:
Vote:
Motion to close the public hearing.
Second the motion.
All present voted aye.
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Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of July 12,2005
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Mr. DellaCorte:.
Motion to grant the variance. I don't think the applicant has to
much space to work with, it is not undesirable to the neighborhood
but it is substantial and it is self-created.
Second the motion.
Mr. Warren:
Mr. Prager:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Aye.
Aye.
Mr. Prager:
Roll Call:
Appeal No. 05-7269
Winona Kutz
- 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 22 feet to allow for a 7' X 8' 2reen-house, thus reQUestin2 a variance of 3 feet.
The property is located at 319 Myers Corners Road and is identified as Tax Grid No. 6358-01-
220588 in the Town of Wappinger.
Present:
Mrs. Carol Coburn as the POA for Mrs. Kutz.
Mrs. Coburn:
My uncle built this greenhouse 22 years ago and I am trying to settle the
estate for him. He's deed shows it is 22 feet from the side and this was
from 50 years ago. This is attached to the garage and showed up in the
accessor's office sometime between 1971 and 1976 and nothing was
ever done about it.
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Mr. Fanuele:
Is it in good shape?
Mrs. Coburn:
Very good shape.
Mr. Prager:
I am familiar with the house and it is in very good shape.
Mr. Fanuele:
We will do a site inspection on July 16, 2005 and schedule your public
hearing for August 23, 2005 since that is what you requested.
Mrs. Coburn:
Thank you.
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' and 9' X 6' wrap around deck, thus reQUestin2
a variance of 6.19 feet.
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Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of July 12, 2005
- 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 yard
setback of 13 feet to allow for an 18 foot above e:round 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.
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Mr. Prince:
Mr. Warren:
Mr. Prager:
Mrs. Lukianoff:
Mr. Prager:
.~ Mr. Prince:
Mr. Prager:
Mr. Prince: i.-'
Mr. Prager:
Mrs. Lukianoff:
Mr. Fanuele:
Mr. Prince :
Mr. Prager:
Mr. DellaCorte:
Vote:
Mr. Prager:
Mr. DellaCorte:
Vote:
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There used to be a patio outside our home and I want to put a deck there
and directly beyond the deck we want to put in a pool. Behind us is just
woods.
We will do a site inspection on July 16, 2005.
From your rear property line to your house it says you only have 33
feet, but shouldn't you have 50 feet?
This is considered a Y2 acre lot in the R-20/40 district. We had spoken
about this and in the setback requirements when you have an R-20/40
then you also deal with the amount ofland that you have.
Are you sure of your back line?
We should still have the pin out there.
Is the shed legal?
It was there when I bought it 15 years ago.
Tania can you check to make sure it has a CO on it.
Yes.
We will schedule your public hearing for July 26, 2005.
Thank you.
Motion to go into executive session.
Second the motion.
All present voted aye.
Motion to come out of executive session.
Second the motion.
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of July 12, 2005
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Mr. Prager:
Mr. DellaCorte :
Vote:
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 8:30 PM
Resp....ect u11y SUbrnitte..!, ) /J-J
. :atx(j!1JT?j )
Barba a Roberti, Secretary
Secretary - Zoning Board of Appeals
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