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2005-06-29 ZONING BOARD OF APPEALS June 29, 2005 ~ Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: June 29, 2005 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for June 14, 2005. Approve site minutes for June 18, 2005. Public Hearings: Appeal No. 05-7262 James Jones - Seeking an area variance of Section 240-37 of District Regulations in an R-lO Zoning District. - Where a rear yard setback of 25 feet is reQuired, the applicant is proposing a rear yard setback of 13 feet to allow for a one story addition, thus reQuestinl! a variance of 12 feet. The property is located at 17 Cayul!a Drive and is identified as Tax Grid No. 6157-04-546490 in the Town of Wappinger. ~ Appeal No. 05-7263 Albert Roberts - 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 38 feet to allow for a 8' X 12' expansion to an existinl! deck, thus reQuestinl! a variance of 12 feet. The property is located at 22 Schuele Drive and is identified as Tax Grid No. 6258-02-831723 in the Town of Wappinger. Appeal No. 05-7264 A & B James & Felicia Simmons - Seeking three area variances of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a side yard setback of 20 feet is reQuired, the applicant is proposing a side yard setback of 6 feet to allow for a 24 foot above l!round pool, thus reQuestinl! a variance of 14 feet. -Where a side yard setback of 20 feet is reQuired, the applicant is proposing a side yard setback of 15 feet to allow for a 14 X 14 foot pool deck, thus reQuestinl! a variance of 5 feet. -Where a rear yard setback of 40 feet is reQuired, the applicant is proposing a rear yard setback of 31.7 feet to allow for a 14 X 14 foot pool deck, thus reQuestinl! a variance of8.5 feet. The property is located at 22 Blackthorn Drive and is identified as Tax Grid No. 6258-03- 054011 in the Town of Wappinger. ~ 1 ZONING BOARD OF APPEALS June 29,2005 ..... Appeal No. 05-7265 Marearet & Thomas Cahill - 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 28 feet to allow for a 14 X 28 foot ineround pool, thus reQuestine a variance of 12 feet. The property is located at 21 Thornacre Drive and is identified as Tax Grid No. 6056-03- 212365 in the Town of Wappinger. Appeal No. 05-7266 Stacey & Jeffrev Antalek - 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 10 feet to allow for a 16' X 32' ineround pool, thus reQuestine a variance of 15 feet. The property is located at 23 Booth Blvd. and is identified as Tax Grid No. 6056-03-449485 in the Town of Wappinger. ....... Appeal No. 05-7267 Nextel Communications - Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District. -Where a rear yard setback of 10 feet is required, the applicant is proposing a rear yard setback of 5 feet to allow for a 10' X 20' equipment shed, thus reQuestine a variance of 5 feet. The property is located at 14 Middlebush Road and is identified as Tax Grid No. 6157-01- 353724 in the Town of Wappinger. Discussions: 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-eround pool, thus reQuestine 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. ...... 2 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of June 29, 2005 MINUTES MINUTES APPROVED '-- AUG 0 9 2385 Town of Wappinger Zoning Board of Appeals June 29, 2005 Town Hall 20 Middlebush Road Wappinger Falls, NY Summarized Minutes Members Present: Mr. Fanuele, Mr. Prager, Ms. McEvoy-Riley Mr. Warren, Mr. DellaCorte, Chairman V ice-Chairman Member Member Member Others Present: Mr. Caviglia, Special Counsel Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary '-' SUMMARY Public HeariD!!s: James Jones - Variance Withdrawn. Albert Roberts - Variance Granted. James& Felicia Simmons - Variance Granted with a condition. Margaret & Thomas Cahill - Variance Granted. Stacey & Jeffrey Antalek - Variance Granted with a condition. Nextel Communications - Variance Granted. Discussions: Dana & Greg Gamer -Public Hearing set for July 12,2005. ......... Town of Wappinger Zoning Board of Appeals Page 2 Minutes of June 29, 2005 '-' Mr. Prager: Mr. Warren: Vote: Motion to approve Minutes for June 14, 2005. Second the motion. All present voted aye. Mr. Prager: Mr. Warren: Vote: Motion to approve Site Minutes for June 18, 2005. Second the motion. All present voted aye. Appeal No. 05-7262 James Jones - Seeking an area variance of Section 240-37 of District Regulations in an R-l 0 Zoning District. - Where a rear yard setback of 25 feet is required, the applicant is proposing a rear yard setback of 13 feet to allow for a one storv addition, thus reQuestine a variance of 12 feet. The property is located at 17 Cayuea Drive and is identified as Tax Grid No. 6157-04-546490 in the Town of Wappinger. Mr. Fanuele: This variance application has been withdrawn since upon inspection it was discovered that the applicant had more property in the rear than he realized initially. '-' Appeal No. 05-7263 Albert Roberts - 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 38 feet to allow for an 8' X 12' expansion to an existine deck, thus reQuestine a variance of 12 feet. The property is located at 22 Schuele Drive and is identified as Tax Grid No. 6258-02-831723 in the Town of Wappinger. Mr. Prager: Are all the mailings in order Barbara? Mrs. Roberti: Yes they are. Mr. Prager: Mr. Warren: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Fanuele: Swore in the applicant. Mr. Roberts: I would like the record to reflect that the notice of public hearing was published in the SDN and that all my neighbors were notified by certified mail return receipt requested and the green cards have been submitted to the zoning board secretary. My lot is at the end of a cuI de sac and is somewhat triangular and when I built the house in 1989 the surveyor apparently placed the house to close to the rear yard line. The house was planned to have a deck and when it was constructed is when I first found out that it was to close to the rear yard line when the '-" Town of Wappinger Zoning Board of Appeals Page 3 Minutes of June 29, 2005 '-" carpenter told me that this was as far as he could go without violating the setback. I would like to introduce into evidence a photo copy of my survey and asbuilt and you will note that the deck goes through both levels. On the survey you will see how they lopped off the comer of the deck. What's not shown on here are the steps from the upper deck to the lower deck which further impedes the use of the lower deck. I have two photographs that I would like to collectively submit as exhibit 2 & 3 which shows the space and I am requesting the opportunity to expand the deck so that it would be basically squared off and extended by approximately eight feet on one side and it would be a twelve foot extension. Mr. Fanuele: We did a site inspection and what is behind this is all wooded. Does anyone on the board have any questions? Hearing none. Is there anyone in the audience with a question or 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 believe the variance would be detrimental to the area nor will it change the character of the neighborhood. Honestly there are not any other feasible methods that the applicant can use. It's not substantial but it is self-created. Second the motion. Ms. McEnoy-Riley: Mr. Warren: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Aye. Aye. Aye. Mr. Warren: Roll Call: '-" Appeal No. 05-7264 A & B James & Felicia Simmons - Seeking three area variances 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 6 feet to allow for a 24 foot above e:round pool. thus reQuestinl! a variance of 14 feet. -Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 15 feet to allow for a 14 X 14 foot pool deck. thus reQuestine: a variance of 5 feet. -Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of31.7 feet to allow for a 14 X 14 foot pool deck. thus reQuestine: a variance of8.5 feet. The property is located at 22 Blackthorn Drive and is identified as Tax Grid No. 6258-03- 054011 in the Town of Wappinger. Mr. Prager: Are all the mailings in order? Mrs. Roberti: Yes they are. "-'" Town of Wappinger Zoning Board of Appeals Page 4 Minutes of June 29,2005 ......... Mr. Prager: Mr. Warren: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Fanuele: Swore in the applicant. Mr. Simmons: I installed the pool last year and was told that I didn't need a permit to put the pool up. I took the deck off of my house and the building inspector was driving by my house and asked me where my permits were and I told him I didn't know I needed one. The pool is near a rock shelf on one side and the fence is three foot onto my property. The people before me put the fence up three feet into the property years ago. I will be taking that fence down and have already removed part of it so maybe I will put in bushes. I would like to put the deck back there and I have already extended the pump. Mr. Prager: The six feet that you have, is that to the fence or beyond? Mr. Simmons: I own past the fence. Mr. DellaCorte: The stonewall, is that on your property or the other side of your property? Mr. Simmons: I believe the stonewall is mine. I have also submitted letters from my neighbors that state that they have no problem with what I want to do. "-" Mr. Fanuele: Is there anyone in the audience with a question or comment? Hearing none. Mr. Prager: Mr. Warren: Vote: Motion to close the Public Hearing. Second the motion. All present voted aye. Mr. DellaCorte: I would grant the variances with the condition that you put in bushes. Mr. Simmons: What's the time frame to put them in and what height? They probably won't be done this summer. Mr. Fanuele: For a buffer they should be a minimum height of 4 feet. Mr. DellaCorte: Motion to grant the variances with the condition that 4 feet high bushes go in. Second the motion. For the record variance #A is very substantial but because of the shape of the lot we are approving it. Ms. McEnoy-Riley: Aye. Mr. Warren: Aye. Mr. Prager: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Mr. Prager: Roll Call: .......... Town of Wappinger Zoning Board of Appeals Page 5 Minutes of June 29,2005 ......... Appeal No. 05-7265 Marearet & Thomas Cahill - 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 28 feet to allow for a 14 X 28 foot ineround pool. thus reQuestine a variance of 12 feet. The property is located at 21 Thornacre Drive and is identified as Tax Grid No. 6056-03- 212365 in the Town of Wappinger. Present: Michael Cahill, son ofthe applicants. Mr. Prager: Are all 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. Fanuele: Mrs. Cahill gave her son Michael permission to stand in for them. Swore in the applicant. Mr. Cahill: We live on a cuI de sac and our property is wider than deep. We have an AG pool right now and we would like to install an IG pool. Our yard is completely fenced in. ......... Mr. Prager: Will the pool be in the same spot? Mr. Cahill: No, actually it will be closer to the house. Mr. DellaCorte: The spot marked out was closer to the house at the site visit, correct? Mr. Simmons: Yes. Mr. Fanuele: Is there anyone in the audience with a question or comment? Hearing none. 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 that we grant the variance. This will not be detrimental to any nearby properties and it is not substantial at 30% although it is self-created. Second the motion. Ms. McEnoy-Riley: Mr. Warren: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Aye. Aye. Aye. Mr. Warren: Roll Call: '-' Town of Wappinger Zoning Board of Appeals Page 6 Minutes of June 29, 2005 "-'" Appeal No. 05-7266 Stacey & Jeffrey Antalek - 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 10 feet to allow for a 16' X 32' in-!!round pool. thus reQuestin!! a variance of 15 feet. The property is located at 23 Booth Blvd. and is identified as Tax Grid No. 6056-03-449485 in the Town of Wappinger. Mr. DellaCorte: Mr. Prager: Vote: Motion to open the Public Hearing. Second the motion. All present voted aye. Mr. Fanuele: Swore in the applicant. Mrs. Antalek: We would like to put in an IG pool. We have a septic tank in the back and we want to preserve our oak tree. Mr. Fanuele: We did a site visit and you also have a drainage easement and a wet area which inhibits where you put a pool. Mr. Prager: We received a letter from one of your neighbor's which I will read for the record: '-" June 22,2005 Mr. Victor Fanuele "-'" Unfortunately, I am unable to attend the public hearing concerning Appeal No. 05-7266 on the 29 day of June 2005. It is my understanding a 16'x 32' in ground pool is being proposed with a requested variance of 15 feet on the property of 23 Booth Blvd. It is also of my understanding the proposed in ground pool is to be installed 10' from the property line of 21 Booth Blvd. As the homeowner of 21 Booth Blvd, I am quite concerned with this proposed layout for multiple reasons. It is not clear what the 10' measurement indicates. Does this measurement indicate the water line or does it indicate the edge of any structure that may be installed during or after pool installment. The 10' mark as I would understand it, would be considered the very edge of any pool structure be it a walkway or path to navigate around the pool not installed at a later date. Considering the proposed pool at such close proximity, it is apparent to me the level of privacy will diminish. Upon purchase of my property I highly took into consideration the amount of privacy myself and my family would have. Our house situated far from the main road and quiet woods in the rear were major selling points for us in obtaining this property and gave us the privacy we desired. The installment of the pool 10' from the property line will undoubtedly take away that privacy. It will also increase the level of volume. In the summer of2004, a resident of23 Town of Wappinger Zoning Board of Appeals Page 7 Minutes of June 29, 2005 Booth Blvd placed an inflatable above ground electric filtered pool approximately 10'- 12' from the property line. There is no doubt the volume did indeed increase thru the entire summer tremendously compared to previous summers and caused irritable situations to myself and our family and friends when visiting. I am sure the installment of a permanent structure of this magnitude will only equal and even increase the amount of noise generated by this proposed in ground pool. Finally, I believe this pool will take away from the value of my property. In the event I ever wanted to sell my property, I strongly feel a potential buyer would shy away from purchasing because of its close proximity to a permanent structure such as this. Again, I feel privacy and volume are major issues to myself, my family and future residents. It is my determination this pool should not be situated at the proposed location. I can only hope it be reconsidered and relocated to another portion of their property. I do feel there are more suitable areas on their property where a pool of that size can be installed to accommodate both our concerns and desires. Thank you for your time and thank you for letting me voice my concerns regarding this Issue. ~ Sincerely, Michael V. Azzone Mrs. Simmons: ~ Mr. DellaCorte: Mrs. Antalek: Mr. Fanuele: Mrs. Antalek: Mr. Prager: Mr. Antalek: Mr. Fanuele: Mr. Antalek: Mr. Fanuele: .'-" We do of course have to put a fence around the pool and we intended to put a solid fence on the side between our properties. It would be a privacy fence. They have a pool also? Yes. The section of your yard where the brush is, is that where your pool will be? Yes. Can you move it closer at all? We were actually thinking about making it a little larger. It will be no closer than 1 0 feet from the walkway and fence. Can you make the fence solid on the side facing your neighbor? Yes and it would also be for our privacy as well. Your property is wet and full of rock so a 6 ft privacy fence would be nice toward your neighbor. Is there anyone in the audience with a comment on this? Hearing none. Town of Wappinger Zoning Board of Appeals ....... Mr. Prager: Mr. Warren: Vote: Page 8 Minutes of June 29, 2005 Motion to close the Public Hearing. Second the motion. All present voted aye. Mrs. McEvoy-Riley: Motion to grant the variance with the condition that they supply a 6 ft. high fence for privacy. Second the motion. Ms. McEnoy-Riley: Mr. Warren: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Mr. DellaCorte: Roll Call: Aye. Aye. Aye. Aye. Aye. Appeal No. 05-7267 Nextel Communications - Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District. -Where a rear yard setback of 10 feet is required, the applicant is proposing a rear yard setback of 5 feet to allow for a 10' X 20' equipment shed. thus reQUestin2 a variance of 5 feet. The property is located at 14 Middlebush Road and is identified as Tax Grid No. 6157-01- 353724 in the Town of Wappinger. '-' Present: Mr. Prager: Mr. Warren: Vote: Mr. Leary: Mr. Fanuele: Mr. Kalaka: Mr. FanueIe: Mr. Kalaka: ....... Dan Leary - Cuddy & Feder Motion to open the public hearing. Second the motion. All present voted aye. We represent the applicant, N extel Communications and this is a referral from the Planning Board on a pending site plan application for a co-location on the existing cell tower at 14 Middlebush Rd. We are seeking a 5 foot variance from a 10 foot rear yard setback requirement for our equipment shelter. At our first meeting we discussed our coverage deficiencies and the need to co-locate. We investigated with T -Mobile and if they could move over their equipment cabinet and they could not due to their leased area. Is there anyone in the audience with a question? Mr. Kalaka, 14 Pleasant Lane. How much land is involved? I'm really not sure? We were here when this tower was first approved and we were very much against it. If this is so far away then why were we notified? Also why do you need a lOX 20 foot shed, its just not necessary and it will increase traffic and this is a very sensitive area back there? Town of Wappinger Zoning Board of Appeals Mr. Fanuele: '-- Mr. Kalaka: Mr. Leary: Mr. Kalaka: Mr. Fanuele: Mr. Kalaka: Mr. Fanuele: Mr. Prager: Mr. Warren: Vote: Mr. DeIlaCorte: '-" Mr. Prager: Roll Call: Page 9 Minutes of June 29,2005 Your property is adjacent to the Town of Wappinger land that this is located on. This is also the only non-wetland area back there. We moved the tower back as far as we could. Ok, but this is the only open space left so please take care in granting this. There is no impact to the traffic since we only go there about once a month. What is the maintenance equipment in the shed? It's really electronic equipment to help run the tower. Thank you for the time. Anyone else? Hearing none. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the variance. It's considered substantial but the co-location is beneficial and I don't think there will be an adverse affect on the environment. It is self-created. Second the motion. Ms. McEnoy-Riley: Aye. Mr. Warren: Aye. Mr. Prager: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: 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 vard setback of 50 feet is required, the applicant is proposing a rear vard setback of 39 feet to allow for a 20 X 40 in-e:round pool. thus reQuestine: 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. Gamer: Mr. Warren: Mr. Gamer: '-'" Weare at the top of a cuI de sac and my lot backs up to property on Pye Lane and it is pie shaped. We don't want a pool right up against our deck and we also have a swale around our property and it severely limits us. The back of our yard is lined with pine trees that were there when we moved in and we planted additional ones for privacy. How long are you there? One year, the house is brand new. ....... '-" '--' . Town of Wappinger Zoning Board of Appeals Mr. DellaCorte: Mr. Gamer: Mr. Prager: Mr. Gamer: Mr. Warren: Mr. Fanuele: Mr. Prager: Mr. Warren: Vote: Mr. Prager: Mr. DellaCorte : Vote: Page 10 Minutes of June 29,2005 On your survey it says you have 75.1 feet to the rear. Id that from the deck? It may be from our breakfast nook. How far out is the deck? About 13 to 14 feet. We will do a site visit on Saturday, July 2,2005. We will set your public hearing for July 12,2005. Motion to be Lead Agency. Second the motion. All present voted aye. Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM Respectfully mitt~d, k,~~ y B~:~~oberti, Secretary Secretary - Zoning Board of Appeals