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2005-05-10 ZONING BOARD OF APPEALS May 10, 2005 Revised Mav 10, 2005 ....... Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: May 10,2005 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for April 27, 2005. Approve site minutes for April 30, 2005. Adjourned Public Hearing: '-'" Appeal No. 04-7068 Real Holdin2 Corp. (Gasland)- Seeking the following four area variance's of District Regulations in an HB Zoning District. 1. -Seeking an area variance of Article V, Section 240-18 Paragraph F of District Regulations in an HB Zoning District. - Where two acres is reauired, the applicant is proposing .53 acre for continued use of a pre-existin2 non-conformin2Iot, thus reauestin2 a variance of 1.47 acres. 2. -Seeking an area variance of Article VI, Section 240-37 of District Regulations in an HB Zoning District. - Where a minimum lot depth of 200 feet is reauired, the applicant is proposing a lot depth of 153 feet, thus reauestin2 a variance of 47 feet for an existing non-conforming lot. 3. -Seeking an area variance of Article VIII, Section 240-52 Paragraph A of District Regulations in an HB Zoning District. - Where 1000 feet is reauired from a residential district, the applicant is proposing 400 feet, thus reauestin2 a variance of 600 feet to allow issuance of a Special Use Permit. 4. -Seeking an area variance of Article VIII, Section 240-52 Paragraph E of District Regulations in an HB Zoning District. - Where 2,500 feet is reauired between gasoline filling stations, the applicant is proposing 85 feet, thus reauestin2 a variance of 2.415 feet to allow issuance of a Special Use Permit. The property is located on the corner of Old Hopewell Road and Route 9 and is identified as Tax Grid No. 6157-02-610544 in the Town of Wappinger. Public Hearings: Appeal No. 05-7256 Joseph & Linda Kiernan - Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning District. -Where a side yard setback of 15 feet is reQuired, the applicant is proposing a side yard setback of 13 feet to allow for a 39 X 18 ft. addition. thus reQUestin2 a variance of 2 feet. The property is located at 6 Mid2e Drive and is identified as Tax Grid No. 6156-01-447711 in the Town of Wappinger. ~ 1 ZONING BOARD OF APPEALS May 10, 2005 '-'" Appeal No. 05-7255 Raymond & Kathleen Detheridl!e - 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 30 feet to allow for a 24 ft. above I!round pool. thus reQuestinl! a variance of 10 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 24 ft. above I!round. thus reQuestinl! a variance of 5 feet. The property is located at 9 Carroll Drive and is identified as Tax Grid No. 6257-02-938591 in the Town of Wappinger. Discussions: Appeal No. 05-7254 Robert & Corrine Sprock - 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 12 X 24 feet wood shed. thus reQuestinl! a variance of 15 feet. The property is located at 26 Smith Crossinl! Road and is identified as Tax Grid No. 6359-03- 113291 in the Town of Wappinger. ~ Appeal No. 05-7257 A & B Eleanor Meyer - 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 35 feet to allow for a 6 X 8 feet pool deck. thus reQuestinl! a variance of 5 feet. -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 8 X 12 feet shed. thus reQuestinl! a variance of 5 feet. -Where a rear yard setback of 10 feet is required, the applicant is proposing a rear yard setback of 6 feet to allow for a 8 X 12 feet shed. thus reQuestinl! a variance of 4 feet. The property is located at 12 Alpert Drive and is identified as Tax Grid No. 6257-02-867785 in the Town of Wappinger. Appeal No. 05-7258 Lloyd's Parcel- Eleen Associates- Seeking the following area variance of District Regulations in an HB Zoning District. -Where a front yard setback of 50 feet is required, the applicant is proposing a front yard setback of 20 feet to allow for a proposed office buildinl!. thus reQUestin2 a variance of 30 feet. The property is located on Old Route 9 and is identified as Tax Grid No. 6157-02- 604765 in the Town of Wappinger. '-" 2 ZONING BOARD OF APPEALS May 10, 2005 .~ Appeal No. 05-7259 A & B Scott & Sari Skinnider - 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 47 feet 5 inches to allow for a 21 X 28 feet deck, thus reQUestin2 a variance of 2 feet 7 inches. - Where a rear yard setback of 50 feet is required, the applicant is proposing a rear yard setback of 30 feet 7 inches to allow for a 15 X 24 feet above 2round pool. thus reQUestin2 a variance of 19 feet 5 inches. The property is located at 18 Lor Mar Court and is identified as Tax Grid No. 6258-02-888677 in the Town of Wappinger. "-' "-' 3 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of May 10,2005 ~ MINUTES Town of Wappinger Zoning Board of Appeals May 10, 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 Vice-Chairman Member Member Member Others Present: Mr. Caviglia, Special Counsel Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary ~ SUMMARY Adiourned Public Hearines: Real Holdings Corp. -To vote on May 24,2005. Public HeariDl!s: Joseph & Linda Kiernan Raymond & Kathleen Detheridge -Variance Granted. - Two Variances Granted. Discussions: Robert & Corrine Sprock Eleanor Meyer Lloyd's Parcel/Elgen Assoc. Scott & Sari Skinnider -Variance Granted. -Public Hearing on May 24,2005. -Public Hearing on May 24, 2005. -Public Hearing on May 24,2005. '.......... Town of Wappinger Zoning Board of Appeals Page 2 Minutes of May 10,2005 '-' Mr. Warren: Mr. Prager: Vote: Motion to approve Minutes for April 27, 2005. Second the motion. All present voted aye. Mr. Warren: Motion to approve Site Minutes for April 30, 2005 as amended. Second the motion. All present voted aye. Mr. Prager: Vote: '-' Appeal No. 04-7068 Real Holdini! Corp. (Gasland)- Seeking the following four area variance's of District Regulations in an HB Zoning District. 1. -Seeking an area variance of Article V, Section 240-18 Paragraph F of District Regulations in an HB Zoning District. - Where two acres is reauired, the applicant is proposing .53 acre for continued use of a pre-existini! non-conformini! lot. thus reauestini! a variance of 1.47 acres. 2. -Seeking an area variance of Article VI, Section 240-37 of District Regulations in an HB Zoning District. - Where a minimum lot depth of 200 feet is reauired, the applicant is proposing a lot depth of 153 feet, thus reauestini! a variance of 47 feet for an existing non-conforming lot. 3. -Seeking an area variance of Article VIII, Section 240-52 Paragraph A of District Regulations in an HB Zoning District. - Where 1000 feet is reauired from a residential district, the applicant is proposing 400 feet, thus reauestini! a variance of 600 feet to allow issuance of a Special Use Permit. 4. -Seeking an area variance of Article VIII, Section 240-52 Paragraph E of District Regulations in an HB Zoning District. - Where 2.500 feet is reauired between gasoline filling stations, the applicant is proposing 85 feet, thus reauestini! a variance of 2.415 feet to allow issuance of a Special Use Permit. The property is located on the corner of Old Hopewell Road and Route 9 and is identified as Tax Grid No. 6157-02-610544 in the Town of Wappinger. Present: Judson Siebert - Attorney with Keane & Beane Vincent Cappelletti - Ken Casamento Mr. Prager: Mr. Warren: Vote: Motion to open the adjourned public hearing. Second the motion. All present voted aye. Mr. Fanuele: We received a letter from DC Planning on April 27, 2005 and they have a question on variance number one and they weren't too '-' Town of Wappinger Zoning Board of Appeals Page 3 Minutes of May 10, 2005 ~ happy with it and they said the other three were a matter of local concern. They also said that we would need to approve this by at least a 4 to 1 vote. Mr. Siebert: I am prepared to address that letter but I first would like to note that other agencies and boards whose opinions were sought weighed in with a favorable response. We are at a loss ofthe DC Planning's position when if the board will recall that when this was processed in May 2001 the DC Planning Office said this was a matter of local concern. We were referred initially by the planning board. The easement that the County refers to intrinsic to this lot. Any commercial use that comes up for this parcel will need this easement. We are also troubled that Ken Casamento of LRC, spoke with Jennifer Cocozza of DC Planning and she said to him that they didn't even look at the site and I wish that they would have. Mr. Cappelletti pulled site plans from the 7/11 across the street and the Mobil Station on the corner of Myers Corners Road and Route 9 which are both equally small and working within the same site constraints. This board is the portal for us to get to go to the planning board for site plan approval of a very site specific site plan. We don't feel that the county letter should bear on this application. Mr. Prager: In the county letter it states that they met with your agent representing the owner. '-' Mr. Fanuele: Swore in Mr. Casamento. Mr. Casamento: Neil Wilson is my partner in LRC. He spoke with the county and explained that our plan was just conceptual. In speaking with Neil today it appears that there was some confusion with the county and that they didn't realized maybe that this was a conceptual. Mr. Fanuele: Swore in Mr. Cappelletti. Mr. Cappelletti: Nothing has changed from this site since this was a gas station. At this time he brought the plans for 7/11 and Mobil up to the board and explained the similarities between the sites. The hill behind my building is the parking easement. Mr. Prager: Our worry is that if we grant this and then you go to the PB you will come back to us with a much larger building seeking many more vanances. Mr. Cappelletti: No we wouldn't do that and you could still turn us down. '-' Town of Wappinger Zoning Board of Appeals .......... Mr. Fanuele: Mr. Cappelletti: Mr. DellaCorte : Mr. Cappelletti: Mr. Prager: Mr. Cappelletti: Mr. Fanuele: Mr. Prager: Mr. Casamento: ~ Mr. Prager: Mr. Warren: Roll call: Mr. Fanuele: Mr. Cappelletti: Mr. Fanuele: .......... Page 4 Minutes of May 10, 2005 Someone coming in might want a convenience store which would require more parking. Yes and ifit requires more parking and they can't get it then it will be turned down. Can you dig out that hill and put in a retaining wall to get more parking? No the gas line and the well is there. Where is your septic? Right here. We even had the future sewer line installed. Does anyone in the audience have a question or a comment? Hearing none. Can I get a copy ofthose two other site plans? I will make the copies for you. Motion to close the public hearing. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Aye. Aye. Aye. We will vote on this at the next meeting. Can't you just vote on this tonight? We will go into executive session after the public hearings to confer with our attorney. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of May 10,2005 '-" Appeal No. 05-7256 Joseph & Linda Kiernan - Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning District. -Where a side vard setback of 15 feet is required, the applicant is proposing a side vard setback of 13 feet to allow for a 39 X 18 ft. addition. thus reQuestine a variance of 2 feet. The property is located at 6 Midee Drive and is identified as Tax Grid No. 6156-01-447711 in the Town of Wappinger. Mr. Fanuele: Several of us went out for a site visit and you needed a variance at one end of the addition. Does anyone in the audience wish to make any comments? Hearing none. Anyone on the board? Hearing none. Mr. Prager: I just want to mention that this would only be a 13 % variance. Mr. Fanuele: Mr. Prager: Mr. Warren: Vote: Motion to close the public hearing. So moved. Second the motion. All present voted aye. Mr. Prager: Motion to grant the variance. This variance is small, not detrimental to any nearby properties, will not change the character of the neighborhood but it is self-created. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Aye. Aye. Aye. Mr. Warren: Roll call: '-' Mr. Kiernan: Thank you. Appeal No. 05-7255 Ravmond & Kathleen Detheridee - Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a rear vard setback of 40 feet is required, the applicant is proposing a rear vard setback of 30 feet to allow for a 24 ft. above eround pool. thus reQuestine a variance of 10 feet. -Where a side vard setback of 20 feet is required, the applicant is proposing a side vard setback of 15 feet to allow for a 24 ft. above eround. thus reQuestine a variance of 5 feet. The property is located at 9 Carroll Drive and is identified as Tax Grid No. 6257-02-938591 in the Town of Wappinger. Mr. Prager: Mr. Warren: Vote: Motion to open the public hearing. Second the motion. All present voted aye. ........ Town of Wappinger Zoning Board of Appeals ....... Mr. Fanuele: Swore in the applicant. Mr. Dethridge: Page 6 Minutes of May 10, 2005 We would like to put in a pool but we need a variance because this is the only flat area in the yard, the rest of the yard slopes and my back yard is not very deep. Mr. Fanuele: We did a site visit on this property. Any questions on the board? Hearing none. Does anyone in the audience have any questions or comments? Hearing none. Mr. Prager: Mr. Warren: Vote: Motion to close the public hearing. Second the motion. All present voted aye. Ms. McEvoy-Riley: Mr. Prager: Roll call: Motion to grant the variance. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: ........ Aye. Aye. Aye. Aye. Aye. Anneal No. 05-7254 Robert & Conine Snruck - Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. -Where a side vard setback of 25 feet is required, the applicant is proposing a side vard setback of 10 feet to allow for a 12 X 24 feet wood shed. thus reQuestin!! a variance of 15 feet. The property is located at 26 Smith Crossin!! Road and is identified as Tax Grid No. 6359-03- 113291 in the Town of Wappinger. Mr. Fanuele: At the meeting we did not have a full board so we felt it would be best if we postponed the vote. Mr. Prager: What we really needed was to see the survey. Mr. Spruck: We have that with us tonight. At this time Mr. Spruck brought the survey up to the board and explained his property. Mr. Prager: That was all we needed to see. Mr. Prager: Mr. Warren: Roll call: Motion to grant the variance. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Prager: '-" Aye. Aye. Aye. Town of Wappinger Zoning Board of Appeals Page 7 Minutes of May 10, 2005 ...... Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Appeal No. 05-7257 A & B Eleanor Mever - 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 35 feet to allow for a 6 X 8 feet pool deck. thus reQuestine a variance of 5 feet. -Where a side yard setback of 10 feet is required, the applicant is proposing a side yard setback of 5 feet to allow for an 8 X 12 feet shed. thus reQuestine a variance of 5 feet. -Where a rear yard setback of 10 feet is required, the applicant is proposing a rear yard setback of 6 feet to allow for an 8 X 12 feet shed. thus reQuestine a variance of 4 feet. The property is located at 12 Alpert Drive and is identified as Tax Grid No. 6257-02-867785 in the Town of Wappinger. Ms. Meyer: The pool was already on the property when we bought it around 15 years ago. It had an A frame ladder that was dangerous so we built the deck for the pool. Our property is not level, so we put a deck on the grass so that we could use our backyard. At the time I didn't know that a permit was required but have since become aware that I do. This property does not allow 40 feet to the rear because it drops down as it comes toward my house. '-'" Mr. Prager: Is the pool ok as far as the rear setback? Ms. Meyer: Yes it has a C.O. Mrs. Lukianoff: Yes it does, it has been verified. Mr. Prager: Does the pool extend out farther than the deck? Ms. Meyer: Yes. Mr. Prager: How did the pool get a C.O. ifit is only 29 feet from the rear? Doesn't it need 40 feet? I guess someone dropped the ball on this. Is this all one deck? Ms. Meyer: No. One deck is on the ground and then you go up a few steps to the pool deck. Mr. Warren: Was the deck and shed put in at the same time. Ms. Meyer: The same year, I think 1994. Mr. Fanuele: We will need to do a site inspection. We will come out on Saturday, May 14, 2005. We will also set your public hearing for May 24, 2005. ...... Town of Wappinger Zoning Board of Appeals '-'" Ms. Myer: Page 8 Minutes of May 10, 2005 I just want to tell you that my property extends to the other side of the fence for at least three feet. Thank you. Appeal No. 05-7258 Llovd's Parcel- Eleen Associates- Seeking the following area variance of District Regulations in an HB Zoning District. -Where a front vard setback of 50 feet is required, the applicant is proposing a front vard setback of 20 feet to allow for a proposed office buUdinl!. thus reQuestinl! a variance of 30 feet. The property is located on Old Route 9 and is identified as Tax Grid No. 6157-02- 604765 in the Town of Wappinger. Present: Mr. Fanuele: Mr. Buyakowski: '--' Mr. Fanuele: Mr. Buyakowski: Mr. Warren: Mr. Buyakowski: Mr. Fanuele: Mr. Buyakowski: Mr. Fanuele: Mr. Buyakowski: '-- Robert Buyakowski - Povall Engineering Is this opposite the Highway garage? No it is just north of Toyota on Old Route 9. This site plan has been in front of the planning board for over a year. We have had several changes from the planner and the Town engineer and this is pretty much an accumulation ofthose changes. We have reduced the size of the building at the request of the planner and have moved it forward to be 20 feet from the property line, approximately 38 feet from the pavement line. I believe the town is looking to make this a Hamlet area according to the planner and this helps bring sidewalks to the area. This is near the restaurant that was knocked down? Yes across the street and down the road. How many stores will this be? This will just be offices. We will also do a site visit this Saturday and we will set your public hearing for May 24th, 2005. This is marked with pink ribbons on the telephone poles. Is there a setback onto Route 9? No. There is a 75 foot setback off of Route 9. There are wetlands there that have been flagged and the poles have ribbons. Town of Wappinger Zoning Board of Appeals Page 9 Minutes of May 10,2005 ."'-" Mr. Prager: Do you have the elevations with you? Mr. Buyakowski: Yes. At this time the board was shown the elevations and a rendition of the building. Mr. Fanuele: Fine, we will see you on the 24th. Mr. Buyakowski: Thank you. Appeal No. 05-7259 A & B Scott & Sari Skinnider - 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 47 feet 5 inches to allow for a 21 X 28 feet deck. thus reQuestinl! a variance of 2 feet 7 inches. -Where a rear yard setback of 50 feet is required, the applicant is proposing a rear yard setback of 30 feet 7 inches to allow for a 15 X 24 feet above l!round pool. thus reauestinl! a variance of 19 feet 5 inches. The property is located at 18 Lor Mar Court and is identified as Tax Grid No. 6258-02-888677 in the Town of Wappinger. Mr. Skinnider: Both ofthe structures are existing. The deck has been built off the footings of the original deck that is off the second floor. The reason it is there is because there is no other location on the property that would suit it. Off to the right is the septic field and to the right would be too close to the property line. '-" Mr. Warren: What year was that built? Mr. Skinnider: 2002 or 2003. Mr. Prager: Are you selling the property? Mr. Skinnider: Yes I am moving out of the country. Mr. Fanuele: How high is the pool? Mr. Skinnider: 48 inches. Mr. DellaCorte: Where are you moving too? Mr. Skinnider: Helsinski, Finland. Mr. Fanuele: We will set your public hearing for May 24th and we will do a site visit on May 14,2005. Mr. Skinnider: Thank you. '-" Town of Wappinger Zoning Board of Appeals Page 10 Minutes of May 10, 2005 '-' Mr. Fanuele: Motion to go into executive session. Mr. Prager: Second the motion. Vote: All present voted aye. Mr. Fanuele: Motion to come out of executive session. Mr. Prager: Second the motion. Vote: All present voted aye. Mr. Fanuele: Some legal issues came up that require some research so we will postpone the decision until next meeting. Mr. Siebert: May I ask what the legal issues are? Mr. Caviglia: They may not be an issue but we want to do some research in case we have to address it for the vote. Part of it has to do with the Counties position. Mr. Cappelletti: Do you want us to talk to the County? Mr. Fanuele: No. '-" Mr. Siebert: Thank you. Mr. Prager: I'd like to talk about the letter regarding the Stear Subdivision from Graham. Mr. Fanuele: We approved the variance to the Highway Specs of 50 to 60 feet. Mr. Prager: I would like you to send a letter to Graham telling him that we are on the same page as him and that we approved the variance to Highway Specs of at least 50 to 60 feet. This letter looks like we said that but that the plot plan itself shows 23 feet and somebody signed off on the plot plan. Mr. Caviglia: You may have recourse here. I would have to look at it. Mrs. Roberti: Do you want to hold that letter to Graham in the meantime? Mr. Prager: Send a letter stating we are behind him. Mrs. Roberti: Marco I'll send you the file and a letter to Graham. "- Town of Wappinger Zoning Board of Appeals Page 11 Minutes of May 10, 2005 '-' Ms. McEvoy-Riley: Motion to adjourn. Mr. Prager: Second the motion. Vote: All present voted aye. Meeting ended at 9: 15 PM Respectfully Submitted, Barbara Roberti, Secretary Secretary - Zoning Board of Appeals .'-" '-""