2005-04-27
ZONING BOARD OF APPEALS
April 27, 2005
Agenda
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Town of Wappinger Zoning Board of Appeals
MEETING DATE: April 27, 2005
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve minutes for March 29, 2005.
Approve minutes for April 12, 2005.
Approve site minutes for April 16, 2005.
Public Hearings:
Appeal No. 05-7253
AIMCO Chelsea Ridee, LLC
- Seeking an area variance of Section 240-37 of District Regulations in an RMF-5 Zoning District.
-Where a side yard setback of 25 feet is required, the applicant is proposing a side yard setback
of 7.5 feet to allow for a potable water storaee tank, thus reQuestine a variance of 17.5 feet.
-Seeking an area variance of Section 240-25 Subsection B Paragraph 2 in an RMF-5 Zoning
District.
-Where a 20 foot everereen landscaped buffer is required, the applicant is proposing 0 feet
within the property line ( 20 feet on the adjacent parcel via an easement), thus reQuestine an
area variance of 20 feet.
The property is located at NYS Route 9 D and Chelsea Road and is identified as Tax Grid No.
6056-01-468615 in the Town of Wappinger.
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Appeal No. 05-7254
Robert & Conine Spruck
- 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 reQuestine a variance of 15 feet.
The property is located at 26 Smith Crossine Road and is identified as Tax Grid No. 6359-03-
113291 in the Town of Wappinger.
Discussions:
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 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.
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ZONING BOARD OF APPEALS
April 27, 2005
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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 l!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 l!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.
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Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of April 27, 2005
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MINUTES
MINUTES
APPROVED
~!AY 1 ;j 2005
Town of Wappinger
Zoning Board of Appeals
April 27, 2005
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members Present: Mr. Fanuele, Chairman
Mr. Prager, Vice..Chairman
Ms. McEvoy-Riley Member
Members Absent:
Mr. Warren,
Mr. DellaCorte,
Member
Member
Others Present:
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Mr. Caviglia, Special Counsel
Mrs. Lukianoff, Zoning Administrator
Mrs. Roberti, Secretary
SUMMARY
Public Hearinl!s:
AIMCO Chelsea Ridge Apartments
-Both Variances Granted.
Robert & Corrine Spruck
-Adjourned Public Hearing on
May 10, 2005.
Discussions:
Joseph & Linda Kiernan
Raymond & Kathleen Detheridge
-Public Hearing on May 10, 2005.
-Public Hearing on May 10, 2005.
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Town of Wappinger
Zoning Board of Appeals
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Mr. Prager:
Ms. McEvoy-Riley:
Vote:
Mr. Prager:
Ms. McEvoy-Riley:
Vote:
Mr. Prager:
Ms. McEvoy-Riley:
Vote:
Appeal No. 05-7253
AIMCO Chelsea Ridee, LLC
- Seeking an area variance of Section 240-37 ofD in an RMF-5 Zoning
District.
- Where a side yard setback of 25 feet is required, the . cant is proposing a side
yard setback of 7.5 feet to allow for'ii/otable water sto e tank thus reQuestine a
variance of 17.5 feet.
-Seeking an area variance of Section 240:':.45 Su ,I3 :pflragraph 2 in an RMF-5
Zoning District. . .' ................ >/? '. ;
- Where a 20 foot everereenlandscaped buffer is required, the applicant is proposing Q
feet within the property line C~~ feet on the?fldjacent parcel via an easement), thus
reQuestine an area variance of,20 feet.
The property is located atN~SRoute9.D and/Chelsea Road and is identified as Tax
Grid No. 6056..i()[..i4686151 ~ ToWrtdI'Wappinger.
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Present:
Mr. Fanuele:
Mr. Prager:
Vote:
Mr. Prager:
Mrs. Roberti:
Mr. Leary:
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Page- 2
Minutes of April 27, 2005
Motion to approve Minutes for March 29, 2005.
Second the motion.
All present voted aye.
Motion to approve Minutes for April 12, 2005.
Second the motion.
All present voted aye.
Motion to approve Site Minutes for
Second the motion.
All present voted aye.
2005.
ddy & Fedder
hazen's
Motion pen the Public Hearing.
Second the motion.
Alll1resent voted aye.
Are the mailings in order?
Yes.
Gave overview for the public. I am an attorney representing the
property owner, AIMCO, who are requesting two variances for a
proposed water storage tank at the Chelsea Ridge Apartments. As
explained at the initial appearance we are before the planning board
right now for site review, however we need these two variances in order
Town of Wappinger
Zoning Board of Appeals
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Mr. Bolner:
Mr. Leary:
Mr. Prager:
Mr. Leary:
Mr. Prager:
Mr. Leary:
Mr. Bolner:
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Mr. Prager:
Mr. Bolner:
Mr.
Mr. Fanuele:
Page 3
Minutes of April 27, 2005
to be able to move forward. This site plan is due to water pressure that
is needed and we are trying to address the failing water system in the
area. Weare seeking a side yard variance and a zero line setback for a
landscape buffer which we will provide an easement for on the
adjoining property which we own.
The adjacent property is also owned by the applicant and once the
easement is there it will run with the property.
The easement will be permanent and will
'th the land.
Yes.
ethe Marino' .
Correct.
It is approximately I
ght in an ae~~.al photo that shows that the adjacent
red by a tree puffer.
tely 12 foot above grade, so it is no larger than a
ly ho . It will have a I on 12 pitched roof with a standing
d the tank itself will be concrete.
in the audience with a question?
Mrs. Eisenhuth: Di e Eisenhuth, 23 Stenger Court. I own property on the other side
and I just wanted to now how high this would be and would there be a
noise factor.
Mr. Bolner:
Basically this is a water storage tank so the water just goes in and out
and there are no pumps at this site. They are located on Osborne Hill
and Baxtertown Road which is the pump station.
Mrs. Eisenhuth: So the water will be brought in through Fishkill?
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Town of Wappinger
Zoning Board of Appeals
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Mr. Bomer:
Mr. Fanuele:
Mr. Prager:
Ms. McEvoy-Riley:
Vote:
Mr. Prager:
Ms. McEvoy-Riley:
Vote:
Page 4
Minutes of April 27, 2005
Yes.
Anyone else? Hearing none.
Motion to close the public hearing.
Second the motion.
All present voted aye.
.(loll'ibelieve they will be
don't believe this will
rhood. It is self-
ternative method
I motion to grant the two variances.
detrimental to any nearby proper!i
cause an undesirable change to ~ti:~. el
created but it doesn't sound there is
available.
Second the motion.
All present voted aye.
Appeal No. 05-7254
Robert & Corrine Spruck
- Seeking an area variance of Section 240...37 of Dis4'i9t.Regulations in an R -40 Zoning
District.i( .......((< '.
- Where a side yard setbackof25 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 reQuestinf! a
variance of 15 feet.
The property is located 8.t26. SmitliiCrossinf!..Road and is identified as Tax Grid No.
6359-03-113291t1i'th~ T owp.:gi Wappinger;
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Present:
Mr. Fanuele:
Mr. Prager:
Vote:
Mr. Prager:
Mrs. Roberti:
Mr. Spruck:
Mrs. Spruck:
.......
Robe
Motion to(open the Public Hearing.
econd the motion.
pre~ent voted aye.
Arethe mailings in order?
Yes.
I would like to build a shed and I need to move it a little closer to the
side of my property because of where my well is located. It will be 12
X 24 feet and it will be on the right side of my property.
There is 10 acres adjacent to ours that is un-used on that side.
Town of Wappinger
Zoning Board of Appeals
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Mr. Fanuele:
Mr. Spruck:
Mr. Prager:
Mr. Spruck:
Mr. Prager:
Mr. Fanuele:
Mr. Prager:
Ms. McEvoy-Riley:
Vote:
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Mr. Fanuele:
Mr. Prager:
Roll Call:
Mr.
Mr.
Mrs. Roberti:
Mr. Fanuele:
Mr. Prager:
Mrs. Spruck:
Mr. Fanuele:
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Page 5
Minutes of April 27, 2005
Why only 10 feet in and not 25 feet?
We have a well there and pipes and water that run behind us as
well as water that runs through our yard during rain and we would
like to keep this dry.
I did ask you for your survey last time?
We have one coming in the mail.
closing. This will be at least 85
one we had from the
rear.
My concern is where the property line is.
m
or
If the property line is wro
violation. Is there anyone in
question? Hearing none.
Motion to close~h:~Pllblic
Second the motion.
All present voted a~e.
grant the vaJjiance.
motion.
N<\y.
Aye. But I really would have liked to see a
Survey.
motion that we table this until we have a full
need to read the record for the others or give them
time to read it.
will have the minutes sent out this week.
This will be tabled until May 10th.
Try to get the survey before the next meeting because I just want to
make sure your line is where you think it is.
I will pick it up from our Attorneys office.
We will see you on May 10th.
Town of Wappinger
Zo'ning Board of Appeals
Page 6
Minutes of April 27, 2005
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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 reauired, the applicant is proposing a side
yard setback of 13 feet to allow for a 39 X 18 ft. addition, thus reauestinl! a variance
of 2 feet.
The property is located at 6 Midl!e Drive and is identified as No. 6156-01-
447711 in the Town of Wappinger.
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Mr. Kiernan:
Mr. Kiernan:
Yes. I need a two foot
house.
the
Mr. Fanuele:
You are putting an addition on the
Mr. Fanuele:
I see you have 13 feet there.
Mr. Kiernan:
The house itself is
will be only 13 feet
erty line but the addition
on a slight angle.
Mr. Fanuele:
Mr. Fanue1e:
30, 2005 and your public hearing
Agency.
A eal 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 reauired, the applicant is proposing a rear
yard setback of 30 feet to allow for a 24 ft. above I!round pool, thus reauestinl! a
variance of 10 feet.
- Where a side yard setback of 20 feet is reauired, the applicant is proposing a side
yard setback of 15 feet to allow for a 24 ft. above 2round, thus reauestin2 a variance
of 5 feet.
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Town of Wappinger
Zoning Board of Appeals
Page 7
Minutes of April 27, 2005
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The property is located at 9 Carroll Drive and is identified as Tax Grid No. 6257-02-
938591 in the Town of Wappinger.
Mr. Fanuele:
Mr. Detheridge:
Mr. Fanuele:
Mr. Detheridge:
Mr. Prager:
Mr. Detheridge:
Mr. Fanuele:
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Mr. Detheridge:
Mr. Prager:
Ms. McEvoy-Ri
Vote:
Can you explain what you're looking to do.
Our property is not level and the only area that is level is where we
propose to put the pool and that is why we need the variance. If I
bring it to the 40 feet in the rear it will run into my back deck. I
need the 5 feet on the side because the prop.ertY starts to dip.
So if you move it 5 feet over you are
Yes and also because I will be
don't want it to bend with a
deck and I
it slopes.
On your site plan you
there and how close will the
been
The shed was wl1
rear and 10 feet TI
to the pool and it
se and it is 10 feet from the
an additional 10 feet
out andJ()ok at itdrt#.:pril 30th or one evening next
also set your publithearing for May 10th.
along the r~lfTand we have already spoken to all our
Lead Agency.
don.
All present vo ed aye.
MQtion to adjourn.
Second the motion.
11 present voted aye.
Meeting ended at 8:30 PM
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R. e..sp... eJlful!y sr. ,'~/itt d,
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~a Roberti, Secretary
Secretary - Zoning Board of Appeals