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2005-06-14 ZONING BOARD OF APPEALS June14,2005 ....... Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: June 14, 2005 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for May 24, 2005. Approve site minutes for June 4,2005. Public Hearings: Appeal No. 05-7260 R02er & Natalie Myrick - Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a side yard setback of 10 feet is required, the applicant is proposing a side yard setback of 5 feet to allow for a lOX 12 foot shed. thus reQUestin2 a variance of 5 feet. The property is located at 68 Gold Road and is identified as Tax Grid No. 6358-03-023436 in the Town of Wappinger. .~ Appeal No. 05-7261 Barry & Maria Olah - Seeking an area variance of Section 240-29F.(1 )(a) of District Regulations of the Town of Wappinger Zoning Law. -Which stipulates "no si2n shall proiect above the roof or beyond the side walls of the structure pertinent to the permitted use. The property is located at 1639 Route 376 and is identified as Tax Grid No. 6259-03-482346 in the Town of Wappinger. Discussions: Appeal No. 05-7262 James Jones - Seeking an area variance of Section 240-37 of District Regulations in an R-I 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 story addition. thus reQUestin2 a variance of 12 feet. The property is located at 17 CaYU2a 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 existin2 deck. thus reQUestin2 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. .... 1 ZONING BOARD OF APPEALS June14,2005 .... 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 2round pool, thus reQUestin2 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 reQUestin2 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 reQUestin2 a variance of 8.5 feet. The property is located at 22 Blackthorn Drive and is identified as Tax Grid No. 6258-03- 054011 in the Town of Wappinger. --- Appeal No. 05-7265 Mar2aret & 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 in2round pool, thus reQUestin2 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' in2round pool, thus reQUestin2 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 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. "-" 2 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of June 14, 2005 . ........ MINUTES Town of Wappinger Zoning Board of Appeals June 14, 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. Hannon, Acting Secretary ........ SUMMARY Public Hearinf!s: Roger & Natalie Myrick -Variances Granted with condition. Barry & Maria Olah -Variance Granted. Discussions: J ames Jones -Public Hearing set for June 29, 2005. Albert Roberts -Public Hearing set for June 29, 2005. James& Felicia Simmons -Public Hearing set for June 29, 2005. Margaret & Thomas Cahill -Public Hearing set for June 29, 2005. Stacey & Jeffrey Antalek -Public Hearing set for June 29, 2005. Nextel Communications -Public Hearing set for June 29, 2005. ........ Town of Wappinger Zoning Board of Appeals Page 2 Minutes of June 14,2005 "'-" Mr. Prager: Mr. Warren: Vote: Motion to approve Minutes for May 24, 2005. Second the motion. All present voted aye. Mr. Prager: Mr. Warren: Vote: Motion to approve Site Minutes for June 4, 2005. Second the motion. All present voted aye. Mr. Fanuele: Before we get into the meeting, something has come up for the 28th of June and we would like to postpone the next meeting to the 29th of June if the board has no objections. That would be then a Wednesday rather than a Tuesday. Ms. McEvoy-Riley: Mr. Prager: Vote: I will make that motion. Second the motion. All present voted aye. .'-" Appeal No. 05-7260 ROl!er & Natalie Myrick - Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. -Where a side yard setback of 10 feet is required, the applicant is proposing a side yard setback of 5 feet to allow for a 10 X 12 foot shed. thus reQuestinl! a variance of 5 feet. The property is located at 68 Gold Road and is identified as Tax Grid No. 6358-03-023436 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 all the mailings in order Tania? Mrs. Lukianoff: Yes they are. Mr. Myrick: I have a shed that is five feet from the property line and it should be ten feet away. It is on a slab of concrete and it is two years old. You can't see it from the road and I really can't move it because of the placement of my septic. I am selling the house and the new owners would like me to leave it for them. Mr. Fanuele: Does anyone in the audience have a comment? Hearing none. Mr. Prager: Mr. Warren: Vote: Motion to close the public hearing. Second the motion. All present voted aye. -.... Town of Wappinger Zoning Board of Appeals Page 3 Minutes of June 14,2005 '-'" Mr. Fanuele: We did a site visit and I noticed when we were out that you have some bushes in the front of the shed and they are hiding a wood pile in the back. Can some bushes be added to face your neighbor. Mr. Myrick: That's not a problem. Mr. Prager: If that's the case then I will make a motion to grant the variance with that condition to add a few bushes. I don't think it will detrimental to the neighborhood nor will change the character. It is substantial at 50% but it won't have an adverse affect on the environment. 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. 05-7261 Barrv & Maria Olah - Seeking an area variance of Section 240-29F.(I)(a) of District Regulations of the Town of Wappinger Zoning Law. -Which stipulates "no sie:n shall proiect above the roof or beyond the side walls of the structure pertinent to the permitted use. The property is located at 1639 Route 376 and is identified as Tax Grid No. 6259-03-482346 in the Town of Wappinger. Mr. Prager: Ms. McEvoy-Riley: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Prager: Are all the mailings in order Tania? Mrs. Lukianoff: Yes they are. Mr. Fanuele: Swore in the applicant. Mr. Olah: I am the owner of the former Woronock House which is now "Lillianna's" and we are looking to put a sign on the front of the mansard roof front. It will be a 4 X 8 foot sign. Mr. Fanuele: You talked about another sign going on the other side for a deli? Are you still doing that? Mr. Olah: Yes we presented with a proposal for that. ....... Town of Wappinger Zoning Board of Appeals ~ Mr. Prager: Mr. Fanuele: Mr. Prager: Mr. DellaCorte: Vote: Mr. DellaCorte: Mr. Prager: Roll Call: Mr. Olah: Page 4 Minutes of June 14,2005 Yes, it is much better than the original one. Is there anyone in the audience who would like to make a comment? Hearing none. I'd like to make a motion to close the public hearing. Second the motion. All present voted aye. I'll make a motion to grant the variance. It won't cause an undesirable change in the neighborhood nor will it be detrimental or cause any adverse affects although it is self-created. Second the motion. Ms. McEnoy-Riley: Mr. Warren: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Aye. Aye. Aye. Thank you very much. Appeal No. 05-7262 James Jones - Seeking an area variance of Section 240-37 of District Regulations in an R-IO Zoning District. -Where a rear vard setback of 25 feet is required, the applicant is proposing a rear vard setback of 13 feet to allow for a one storv addition. thus reQuestine a variance of 12 feet. The property is located at 17 Cavuea Drive and is identified as Tax Grid No. 6157-04-546490 in the Town of Wappinger. '-- Mr. Jones: Mr. Fanuele: Mrs. Lukianoff: Mr. Jones: Mr. Prager: Mr. Jones: Mr. Prager: Mr. Fanuele: ....... We have a galley kitchen now and we would like to bump it out so that we could eat in it. Right now the kitchen is only 7 feet wide. We have 23 feet from the house to the property line where we need 25 feet. We want to go out 10 feet so that would leave us needing a 12 foot variance. You're in an R-IO zone? They do have the set back requirements and R-IO is the smallest zone. There are no houses behind me, it is Hark Plaza's parking lot. So you will be going out 10 feet? Yes. I would like to see a site plan of your property because I want to make sure exactly where your property lines are. Did you get a site plan when you purchased the property? Town of Wappinger Zoning Board of Appeals Page 5 Minutes of June 14,2005 Mr. Jones: I really don't remember. '-' Mr. Prager: How long have you owned your house? Mr. Jones: Five years. Mr. Prager: Then you should have gotten something and we will definitely need that. Mr. Fanuele: We will do your site visit on June 18th and your public hearing will be on the 29th of June. 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 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. Mr. Roberts: I built my house in 1989, regrettable when they placed the footings they placed them too close to the rear yard and the house is a rather large split level and I have a split level rear deck. There are steps going from the upper deck to the lower deck and apparently when the carpenter realized it was too close he chopped off the one portion of the deck in order to comply with the setback requirements and I think this is a situation where a picture will greatly help everyone. At this time he brought pictures up to the board. Initially I bought a small patio table and three years ago I got ambitious and bought what I thought was a small round table. I felt now that I have to have it refinished and that it was the time to have it squared off. I can provide 76% on one end and 74% of the required setback on the other end. My rear lot line is 250 feet. I have an outside spa and the extension of the deck would come well to within where the spa is of which I have a Cc. '--' Mr. Fanuele: We will do a site visit on June 18th and your public hearing will be on June 29th. Mr. Roberts: Thank you. ....... 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 I!round pool. thus reQuestinl! a variance of 14 feet. Town of Wappinger Zoning Board of Appeals Page 6 Minutes of June 14,2005 -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 requesting: 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 requesting: a variance of 8.5 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. Simmons: Mr. Fanuele: Mr. Simmons: Mr. Prager: Mrs. Lukianoff: Mr. Prager: Mr. Simmons: ........ Mr. Fanuele: Mr. Simmons: The pool was already installed last year at the end of the season and I didn't realize I needed a permit. The deck I would like to put off the pool would be here and my property is like a triangle in the rear and almost comes to a point. When you get your permit I hope you get the electric done. I will but I don't think I can start the work yet until the permit is issued. I think the pool stores should be notified that they need to tell people that they need a permit. We had done that about four years ago. That should be done again, especially Namco. This is considerable at almost 70%. We have a rock ledge there also. We will come out Saturday the 18th and set your public hearing for June 29th. Thank you. Appeal No. 05-7265 Marg:aret & 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 in-g:round pool. thus requesting: 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. Mrs. Cahill: Mr. Prager: Mrs. Cahill: Mr. Fanuele: '-' Our property is very wide but not very deep. We don't have enough depth to put the pool length wise. Our property is all fenced in and very private. Do you have a site survey? I don't have one and we have been in the house 23 years. Has the fence always been there? "'-' ~ . ........ ........ . Town of Wappinger Zoning Board of Appeals Mrs. Cahill: Mr. Fanuele: Mrs. Cahill: Mr. Fanuele: Mrs. Cahill: Page 7 Minutes oOune 14,2005 On and off since we have had numerous neighbors. They have surveys so the property lines have always been the same. We have had an above ground pool for years that doesn't have a CO and that will be coming down within the next two weeks. The pool guy is coming on Saturday to mark out the pool so I don't know how early he will be coming for you. Can you put a couple of stakes in? Yes we can do that. We will be leaving for vacation and our son will be here to represent us at the next meeting. We will do the site visit on Saturday and your public hearing will also be on the 29th of June. Thank you. 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-eround 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. Mrs. Antalek: Mr. Fanuele: Mrs. Antalek: Mrs. Lukianoff: Mrs. Antalek: Mr. Fanuele: Mr. Prager: Mrs. Antalek: We had at least five companies come out to see where this pool could be placed and they all feel that this is the best spot. We have leech fields and our septic in the back yard and we would like to keep the pool away from it. We also want to keep access to the back wall, back deck and the septic tank should it need repair. Your right on the boundary line, right? Yes, the neighbors behind us did put up a fence in some place and we will have the pool fenced in and there is shrubs behind where this would be. Can't the fence for the pool be on the property line? It's the pool that requires the variance but you still have the building and zoning code requirements for the specific type of fence around the pool. Our yard is staked out already. We will have your public hearing on June 29th and your site visit on the 18th with all the others. It also says that you have two sheds? That's incorrect we only have one shed and we have a building permit for it. ........ .......... ....... .. Town of Wappinger Zoning Board of Appeals Page 8 Minutes of June 14,2005 Appeal No. 05-7267 N extel 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. Present: Dan Leary - Cuddy & Feder Mr. Leary: We represent the applicant, Nextel 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 proposing to co- locate at the 130 foot level on the 150 foot tower and in addition we are installing an equipment shed consistent to what the other carriers have. This meets all the zoning except in the rear where we are encroaching 5 feet into the 10 foot setback. So we are seeking a variance on that. Weare looking into possibly mitigating that variance and we are speaking to the owner of that facility and to T -Mobile to see if something could be re-figured to allow us to either mitigate the variance or possibly remove it from the encroaching area. We should have an answer to that shortly. Mr. Fanuele: We could set the public hearing for the 29th and we can go out and take a look at this. Mr. Leary: Hopefully we will have an answer soon as to whether we will re-Iocate the shed but I can't make any commitments tonight. If we have any news we wi11let Mrs. Lukianoffknow immediately. Thank you. Mr. Prager: Mrs. McEvoy-Riley: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM Respectfully Submitted, ~dlUItQhftih . Barbara Roberti, Secretary Secretary - Zoning Board of Appeals