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2006-04-11 Zoning Board of Appeals April 11,2006 "'" AMENDED ON APRIL 11, 2006 Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: April 11, 2006 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Public Hearing: Appeal No. 06-7299 John De2nan - Seeking an area variance of Section 240-37 of District Regulations in an HD Zoning District. _ Where a rear yard setback of 300 feet is reQuired, the applicant is proposin2 a rear yard setback of 260 feet to allow for a pre-existing condition, thus reQUestin2 a variance of 40 feet. The property is located at 1708 Route 9 and is identified as Tax Grid No. 6158-02-543530 in the Town of Wappinger. Discussions: "- Appeal No. 06-7300 Jose & Delia P02YO- Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. _ Where a front yard setback of 35 feet is reQuired, the applicant is proposing a front yard setback of 15 feet 8 inches to allow for a 4 X 8. 5 foot front porch, thus reQUestin2 a variance of 19 feet, 4 inches. The property is located at 49 Old State Road and is identified as Tax Grid No. 6057-04-720034 in the Town of Wappinger. Appeal No. 06-7302 John Cristadoro- 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 proposin2 a rear yard setback of 35 feet 6 inches, to allow for an 18 foot above ground pool & 12 X 18 foot free standing deck, thus reQuestin2 a variance of 4 feet 6 inches. The property is located at 11 Vorndran Drive and is identified as Tax Grid No. 6357-01-038945 in the Town of Wappinger. Appeal No. 06-7303 Dale Post- 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 proposin2 a side yard setback of 15 feet, to allow for a 12 X 20 foot wood shed, thus reQUestin2 a variance of 10 feet. The property is located at 37 Smith Crossin2 Road and is identified as Tax Grid No. 6359-03-053386 m the Town of Wappinger. Appeal No. 06-7304 A & B Bar2er Family Trust- Seeking an area variance of Section 240-37 of District Regulations in a GB Zoning District. -Where 100 feet is reQuired for lot width at the buildin2line, the applicant is proposin2 81 feet at the buildin2 line for a new office building, thus reQUestin2 a variance of 19 feet. -Where 100 feet is reQuired for road fronta2e, the applicant is proposin2 52.66 feet of road fronta2e, thus reQUestin2-a variance of 47.34 feet on an existin2 condition. The property is located at 280 New Hackensack Road and is identified as Tax Grid No. 6259-03-424153 in the Town of Wappinger. --.. Zoning Board of Appeals April 11, 2006 "-"" Appeal No. 06-7305 James & Roase Morse- Seeking an area variance 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 6.5 feet, to allow for a 10 X 18 foot covered front porch, thus requesting: a variance of 13.5 feet. The property is located at 4-6 Starrs Crossing: and is identified as Tax Grid No. 6157-01-381573 in the Town of Wappinger. Appeal No. 06-7306 John & Pat Rong:o- Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a side yard setback of 10 feet is required, the applicant is proposing: a side yard setback of 2 feet, to allow for a lOX 20 foot shed, thus requesting: a variance of 8 feet. The property is located at 9 Namoth Road and is identified as Tax Grid No. 6258-04-960002 in the Town of Wappinger. Appeal No. 06-7307 Joe Clement Inc.- 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 21.6 feet, to allow for a 24 X 32 foot garage, thus requesting: a variance of 18.4 feet. The property is located at 54 Easter Road and is identified as Tax Grid No. 6056-01-259729 in the Town of Wappinger. '-' Appeal No. 06-7308 Michael Messina- Seeking an area variance of Section 240-37 of District Regulations in an R-80 Zoning District. - Where a side yard setback of 40 feet is required, the applicant is proposing: a side yard setback of 17.46 feet, to allow for a 24 X 24 foot garage, thus requesting: a variance of 32.54 feet. - Where the code states. ..in no case shall Accessorv Structures be permitted in the front yard the applicant requests a variance for an in-ground pool in his front yard. The property is located at 192 Smithtown Road and is identified as Tax Grid No. 6256-01-058970 in the Town of Wappinger. Appeal No. 06-7309 Barbara & Thomas Pica- 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 12 X 24 foot above ground pool, thus requesting: a variance of 5 feet. The property is located at 2 Lawn Place and is identified as Tax Grid No. 6257-04-997541 in the Town of Wappinger. '-' 2 Town of Wappinger Zoning Board of Appeals Page I Minutes of April 11 ,2006 MINUTES '-- Town of Wappinger Zoning Board of Appeals April 11, 2006 Town Hall 20 Middlebush Road Wappinger Falls, NY Summarized Minutes Members Present: Mr. Prager, Vice-Chairman Mr. DellaCorte, Member Ms. McEvoy-Riley Member Mr. Fanuele, Mr. Warren, Chairman Member Member Absent: Others Present: '-" Mr. Caviglia, Mrs. Lukianoff, Mrs. Roberti, Special Counsel Zoning Administrator Secretary SUMMARY Adiourned Public Hearin2: John Degnan -Closed Public Hearing. On Agenda, May 23, 2006. Discussions: Jose & Delia Pogyo John Cristadoro: Dale Post Barger Family Trust James & Rose Morse John & Pat Rongo Joe Clement, Inc. Michael Messina Barbara & Thomas Pica -Public Hearing on April 25, 2006. -Public Hearing on April 25, 2006. -Public Hearing on April 25, 2006. -No show. -Public Hearing on April 25, 2006. -Public Hearing on May 9,2006. - No show. -Public Hearing on May 9, 2006. -Public Hearing on May 9, 2006. ,...,.,. 1-- ;' Town of Wappinger Zoning Board of Appeals Page 2 Minutes of April 11, 2006 ......... Mr. Prager: Mr. DellaCorte: Vote: Motion to approve the Minutes for February 28, 2006. Second the motion. All present voted aye. Appeal No. 06-7299 John Dee:nan - Seeking an area variance of Section 240-37 of District Regulations in an HD Zoning District. -Where a lot depth of 300 feet is reauired, the applicant is proposine: a lot depth of 260 feet to allow for a pre-existing condition, thus reauestine: a variance of 40 feet. The property is located at 1708 Route 9 and is identified as Tax Grid No. 6158-02-543530 in the Town of Wappinger. Present: Michael Gillespie Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Prager: Are the mailings in order? Mrs. Roberti: Yes they are. Mr. Gillespie: Some of the public here tonight is from Woodhill Green and we have had meetings with you already on this project. This project is on Route 9 from the Lake to the old Gateway Store on the northbound side. The applicant is planning a 22,500 sfplaza on the site. We are actively before the PB at this time and we are here seeking a lot depth variance to meet the zoning requirements. Some of your concerns such as blasting, traffic, etc. are all being looked at with the PB. The PB has jurisdiction over those items. '-' Mr. Prager: We will open this up to the public for their comments now. Mr. Pedota: Joseph Pedota, 1668 Route 9. I live in Woodhill Green and I have a few questions for this board. Our basic concern is the water. Weare using 4 wells and since they are further down our concern is that they will tap into the water before we do. If they hit one of our veins we worry about our water supply. Mr. Gillespie: This parcel is not in the village supply district and there are some issues going on with their supply so what we are proposing is a dry retail. Which would limit this facility in terms of restaurants and things that would require a lot of water? We are proposing an on site well in order to serve this facility. We will need to seek DCHD approval for that. Once the PB is comfortable with this plan, only then can we seek HD approval. We will also be monitoring these wells. Mr. Pedota: We also had a leak and spent thousands of dollars to fix it. Mr. Prager: That will come up at the planning board. Mr. Pedota: What about blasting? Some of these buildings were built in the late 60's and we are concerned about windows breaking and the foundation cracking. '-' Town of Wappinger Zoning Board of Appeals Page 3 Minutes of April 11, 2006 Mr. Gillespie: We have designed the site to limit blasting, but of course this is bedrock. The Town of Wappinger has a blasting ordinance in place. This will also be discussed at the PB and possibly an escrow can be put in place for damage. '-- Mr. Pedota: What if the blaster goes out of business? Also we are concerned with traffic. The light at Woodhill already backs up. Mr. Prager: These issues are really at the PB. Mr. Pedota: Noise? The trees will be taken down and that will affect us. Mr. Gillespie: Weare willing to provide a buffer although this will open this up to Route 9. We can provide some screening in the means of fencing and landscaping. Mr. Hughes: Michael Hughes, 9F and 1 F of Wood hill Green. We own IF and rent 9F out. IF is right where the parking will be. Can they do something substantial other then a fence? Mr. Prager: Will there be a drop off? Mr. Gillespie: There is a substantial grade difference from W oodhill and they would most likely be looking at the rooftop. We are trying to keep the parking away from the residences to keep the lights away from their windows. Ms. McEvoy-Riley: How much of a difference is it? Mr. Gillespie: The elevation from here is 180 and then there are a couple of spots at 159 and 171. 180 puts you at that roof line. The site itself is 140 at Route 9 so there is a 40 foot difference in elevation. .... Mr. Prager: Would there be a fence on the top of the retaining wall? Mr. Gillespie: Yes it would be a safety issue. We have been to the PB twice already and when they comfortable you will all be invited back to a public hearing before them. They are the board that addresses these concerns. It has been a real benefit to have met with you before these meetings so that we can begin to address your concerns. Mr. Thompson: Wayne Thompson, 17 Hasbrouck Drive, Poughkeepsie. I come here wearing two hats this evening. First I come here representing the Village of Wappinger Lake Committee and I would like to read a letter from them. The Wappingers Lake Committee expresses dire concern that the ZBA in this application has not considered the impacts to the adjoining Critical & Environmental Area, the Wappinger Lake. The Lake is a designated CEA and as such requires that impacts from the construction project be investigated and mitigated. To date, the Lake Committee has not been contacted by any official or person that is a party to this application in order to address our concerns. Stormwater runoff during and after construction pose a significant threat to the sustainability of the lake and must be addressed prior to any approvals being .... Town of Wappinger Zoning Board of Appeals Page 4 Minutes of April 11, 2006 ........ issued. Because of the intensity of the construction this project entails, at a minimum we ask that any approvals be conditioned as follows: 1) A ten foot high berm is constructed between the property and the lake within 60 days after approval and before construction begins. The berm should be planted with evergreen trees so as to obscure the buildings from view by persons recreating on the lake; and 2) All sediment and erosion control measures are approved by the DC Soil and Water Conservation district as being adequate to protect the lake from the impacts of construction and development including the mud transferred to Route 9 during removal of soils from the site. We ask that these be conditions of the area variance should you choose to approve it. Mr. Thompson: Now I will speak for Vincent Liardo of 1768 Route 9. '-" The above referenced project is being considered for a 40 foot variance in order to construct a high density commercial project which has been submitted to the Planning Board. The project is located along one of the busiest and most congested corridors of Route 9 and will require substantial excavation, mining, and possibly blasting of the site. Without the area variance, the high density project can not be built. Therefore the area variance is critical to the project. When considering an application for an area variance, NY Town Law ~267(b) and Wappinger Zoning Ordinance Chapter 240-107 requires a balancing test by the ZBA. The test requires that: In making its determination on an application for an area variance the Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the heal tho safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider: [i]Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. Iii] Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance. [Hi] Whether the requested area variance is substantial in relation to the requirement. [iv] Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, [V] Whether the alleged difficulty was self-created. which consideration shall he relevant to the decision of the Board but shall not necessarily preclude the granting of the area variance. ........ Further, the NY Court of Appeals held that these decisions must have a rational basis and must be based on substantial evidence. See Ifrah v. Utschig, 98 NY.2d 304 (NY2002). The granting of an application is thus more than a ministerial act. At a minimum, the board's decision must he supported by objective evidence, including maps, testimony and studies, that granting the variances will not detrimentally impact the Town of Wappinger Zoning Board of Appeals Page 5 Minutes of April 11, 2006 ....... neighborhood by exacerbating already problematic traffic patterns and cause further off-loading through residential streets that the change will not adversely impact the physical environment, and any other problems legitimately raised at the public hearing. Additionally and as apriority, the hoard must weigh the impacts of the project to the Wappingers Lake, a designated Critical Environmental Area (CEA). Constructing a project of such magnitude can have substantial long term if not permanent deleterious effects on the biota of the Lake and must be avoided. In conclusion, when the board considers this application for an area variance it must weigh the impacts of the project as against the health and safety and general welfare of the residents. Maximizing the profit derived by the developer is not one of the factors that the board needs to consider. The hoard has a responsibility to weigh the impacts to the community and hare its decision on substantial evidence. We ask that the board adhere to the requirements of Town Law and weigh all the evidence before acting on this application. Mrs. Pedalino: Maria Pedalino, 1669 Route 9. I'm one of the older residents and we don't want another Duncan Donuts. We don't need another hangout with the kids coming into our complex. Mr. Gillespie: It will be very limited as to what will go in there. I have a plan here to show you. Our proposal is dry retail A restaurant or pizza store is not being proposed. Mrs. Pedalino: Can that change? Mr. Gillespie: They will need a SPEDES Permit from the DEC and HD approval. That will be part of the approval and the building inspector will then be informed what can and can't go in there. '-' Mrs. Pedalino: Will the parking be in the front? Mr. Gillespie: Yes. There will be 8 foot retaining walls in the comer with a fence against W oodhill Green. Ms. McEvoy-Riley: Do we have a long EAF? Mr. Prager: Yes. Mr. Thompson: I didn't see that. I saw the plans but nothing else was offered to me. The ZBA is taking on a lot of responsibility with this. The project here may not be what is built. Mr. Prager: The variance is to the use of the property and the rest of this is up to the planning board. Mr. Thompson: According to 240-107 of your own zoning code you can continue this or make your decision in 62 days. Ms. McEvoy-Riley: Barbara can anyone see this information? Mrs. Roberti: Yes but they must FOIL the information that they want to see first. ~ Page 6 Town of Wappinger Zoning Board of Appeals Mr. Ruggiero: '-'" Mr. Caviglia: Mr. Gillespie: Mr. DellaCorte: Mr. Gillespie: Mr. DellaCorte: Mr. Gillespie: Mr. Prager: '-' Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Mr. Prager: Mr. Gillespie: Minutes of April 11, 2006 Joseph Ruggiero, 1668 Route 9 Apt. 9G. I know the ZBA is not the final approval but I think this variance can have a lot of impacts. This exposes our homes a lot with the blasting. This will also change our viewshed drastically from woods to a rooftop and Route 9. I don't support this at all. This will increase traffic and change the quality of life for the residents of W oodhill Green. What is the setback? It's not a setback, it's a lot depth. Where we need 300 feet for lot depth we only have 260 feet. We can't acquire more land and it is a pre-existing lot. This measurement is also taken at the tightest part of the lot. Could you show me where on the lot the building will be? Showed the board and the public the building on the map. I know there is a concern with the lake and right now the water just sheet flows and dumps into the lake. The truck building will become retail and this project is subject to review by the DEC and the Town of Wappinger engineer. SWM will need to be treated before going into the lake. The regulations changed in March of 2003 and we are hoping for a much better system. It sounds like it will be an improvement. Yes it will be. The town engineer represents the Village of Wappinger as well as the town so he will be looking at this closely. Is there anyone else in the audience with a question or comment? Motion to close the public hearing. Second the motion. All present voted aye. We now have 60 days to make a decision to either grant or deny this application. Thank you. Appeal No. 06-7300 Jose & Delia POI!VO- Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a front yard setback of 35 feet is reauired, the applicant is proposing a front yard setback of 15 feet 8 inches to allow for a 4 X 8.5 foot front porch, thus reauestinl! a variance of 19 feet, 4 inches. The property is located at 49 Old State Road and is identified as Tax Grid No. 6057-04-720034 in the Town of Wappinger. Present: Ruth Agelis - On behalf of her father Jose Pogyo Jose Pogyo Ms. Agelis: I am here for my father who is with me. He is looking to put in front stairs and a porch. Ms. McEvoy-Riley: How long is your father there? Ms. Agelis: He just bought the house in November of2005. '-" Mr. Prager: I'm confused, is there also a deck? Town of Wappinger Zoning Board of Appeals Page 7 Minutes of April 11, 2006 '--' Ms. Agelis: No just a porch with stairs in the front. Mr. Prager: I do see two plot plans and something was started already. Do you have a survey of the property? Ms. Agelis: We have no property survey just a map. Mr. Prager: Could you bring that in so Barbara can make copies for us? (Yes.) I also see this is in violation. Mrs. Lukianoff: Originally the applicant applied for a deck permit and when the building inspector went there to inspect it he saw the work being done in the front which is what started this application for this variance. Ms. McEvoy-Riley: I think we should do a site visit on this. Mr. Prager: Yes, how is this Saturday for everyone? Please mark out the area with stakes or paint out where the stairs will be. We will also set your public hearing for April 25, 2006. Ms. Agelis: Thank you. .'-"" Appeal No. 06-7302 John Cristadoro- 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 35 feet 6 inches, to allow for an 18 foot above ground pool & 12 X 18 foot free standing deck, thus reauestinl! a variance of 4 feet 6 inches. The property is located at 11 Vorndran Drive and is identified as Tax Grid No. 6357-01-038945 in the Town of Wappinger. Mr. Cristadoro: We installed a pool last fall that we purchased from Namco. I am looking for a variance of 4 Yz feet from the back property line for the pool because the pool cannot get any closer to the house because of an existing porch with a set of steps that come down. The pool is basically just a couple of feet from the steps. Mr. Prager: The deck looks like it will be on the side. How long have you owned the property') Mr. Cristadoro: Three years. Mr. Prager: Do you have a survey and if so can you get it to Barbara for copies? Mr. Cristadoro: Yes but it does not show measurements on it. Mr. Prager: Get it to us anyway. We will do a site visit on April 15 and your public hearing will be on April 25, 2006. Is the deck in yet? Mr. Cristadoro: No the deck is not in yet. I would have gotten the permit before the pool was installed except they said at Namco that I didn't need a permit until I would be ready to use it. ........ Town of Wappinger Zoning Board of Appeals Page 8 Minutes of April 11, 2006 '-- Appeal No. 06-7303 Dale Post- 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 proposinl!: a side vard setback of 10 feet, to allow for a 12 X 20 foot wood shed, thus reQuestinl!: a variance of 15 feet. The property is located at 37 Smith Crossinl!: Road and is identified as Tax Grid No. 6359-03-053386 III the Town of Wappinger. Mr. Post: I have been in this house since 1999. I actually need 15 feet to the side since I can only provide 10 feet. Mr. Prager: We will do a site visit on April 15 at your property also. Mr. DellaCorte: Is your septic in the front? Mr. Post: Yes and my well is in the rear. Mr. DellaCorte: Was the shed built in 1999'1 Mr. Post: No it is a pre-fab shed. Mr. Prager: Mark out the area that the shed will occupy and we will set your public hearing for April 25, 2006. Mr. Post: Thank you. ~ Appeal No. 06-7304 A & B Barl!:er Familv Trust- Seeking an area variance of Section 240-37 of District Regulations in a GB Zoning District. - Where 100 feet is required for lot width at the buildinl!:line, the applicant is proposinl!: 81 feet at the buildinl!:line for a new office building, thus reQuestinl!: a variance of 19 feet. -Where 100 feet is required for road frontal!:e, the applicant is proposinl!: 52.66 feet ofroad frontal!:e, thus reQuestinl!: a variance of 47.34 feet on an existinl!: condition. The property is located at 280 New Hackensack Road and is identified as Tax Grid No. 6259-03-424153 in the Town of Wappinger. No one showed for the applicant. Appeal No. 06-7305 James & Rose Morse- Seeking an area variance 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 proposinl!: a side vard setback of 6.5 feet, to allow for a lOX 18 foot covered front porch, thus reQuestinl!: a variance of 13.5 feet. The property is located at 4-6 Starrs Crossinl!: and is identified as Tax Grid No. 6157-01-381573 in the Town of Wappinger. Mrs. Morse: All of our stuff is pre-existing. In 1991 we bought our house from Mark Liebermann and the cottage in the back is on our neighbor's property line. I want to move my father into it and we want to put in a covered porch so that he may site outside in the summer. Everything is pre-exiting so it is prior stuff. Mr. Morse: It is 2 or 3 feet in from my neighbor's property. Mr. Prager: It seems the bungalow has been there for a very long time. ........ Town of Wappinger Zoning Board of Appeals Page 9 Minutes of April 11, 2006 "'- Mrs. Morse: Yes, Mark's grandfather built it and my neighbor is here to tell you that she doesn't mind. Mr. Prager: Ok we will do a site visit there on April 15 and your public hearing will be on April 25th. Mrs. Morse: Thank you. Appeal No. 06-7306 John & Pat Ronl!:o- Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a side yard setback of 10 feet is required, the applicant is proposinl!: a side yard setback of 2 feet, to allow for a lOX 20 foot shed, thus reQuestinl!: a variance of 8 feet. The property is located at 9 Namoth Road and is identified as Tax Grid No. 6258-04-960002 in the Town of Wappinger. Mrs. Rongo: Weare looking for a variance on our shed. We store pool equipment, toys and yard equipment in it. We have lived here since 1978 and the new shed is two years old. Mr. Prager: Who installed this shed? Mrs. Rongo: Mr. Shed on Route 9. Mr. Prager: We will come to look at it this Saturday. ~ Mr. DellaCorte: The plot plan shows that this is the same as the survey? Mrs. Rongo: Yes. Mr. Prager: So your site visit will be April 15th and your public hearing will be May 9th since the shed already exists. Please put stakes at the property line for us. Mrs. Rongo: Thank you. Appeal No. 06-7307 Joe Clement Inc.- 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 proposinl!: a rear yard setback of 21.6 feet, to allow for a 24 X 32 foot garage, thus reQuestinl!: a variance of 18.4 feet. The property is located at 54 Easter Road and is identified as Tax Grid No. 6056-01-259729 in the Town of Wappinger. Applicant didn't show for the meeting. Appeal No. 06-7308 Michael Messina- Seeking an area variance of Section 240-37 of District Regulations in an R-80 Zoning District. -Where a side yard setback of 40 feet is required, the applicant is proposinl!: a side yard setback of 17.46 feet, to allow for a 24 X 24 foot garage, thus reQuestinl!: a variance of 22.54 feet. -Where the code states...in no case shall Accessory Structures be permitted in the front yard the applicant requests a variance for a detached garage in his front yard. ~. Page 10 Town of Wappinger Zoning Board of Appeals Minutes of April 11, 2006 '-.- The property is located at 192 Smithtown Road and is identified as Tax Grid No. 6256-01-058970 in the Town of Wappinger. Mr. Messina: Ms. McEvoy-Riley: Mr. Messina: Ms. McEvoy-Riley: Mr. Prager: Mr. Messina: I am looking for a variance to allow my garage to be permitted in my front yard. Is there any way this can be made smaller? Then it really wouldn't meet my needs. I also have underground utilities there that I am trying to stay away from. This is a substantial variance at 56%. We have your survey so we will look at this on Saturday. Mark out your garage and property line. Your public hearing will also be May 9th, 2006. Thank you. Appeal No. 06-7309 Barbara & Thomas Pica- 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 proposin!!: a rear yard setback of 35 feet, to allow for a 12 X 24 foot above ground pool, thus reQuestin!!: a variance of 5 feet. The property is located at 2 Lawn Place and is identified as Tax Grid No. 6257-04-997541 in the Town of Wappinger. Present: ~ Mr. Prager: Mr. Hennagin: Mr. Prager: Mr. Hennagin: Mr. DellaCorte: Mr. Prager: Mr. Hennagin: Ms McEvoy-Riley: Mr. DellaCorte: Vote: Meeting ended at 9: 15 PM ,..... Tim Hennagin - Son of the applicant. Do you have a survey for this property? I am representing my parents and I will try to get that for you. How long are your parents there? They just recently purchased the home less then a year ago. Stake out the property and the pool. Again we will be out this Saturday and there public hearing will be May 9th, 2006. Thank you. Motion to adjourn. Second the motion. All present voted aye. Respectfully?Submitted, /7 , / -r?X()' Cl..- [2{>Vdl-t1'C.A. "d.f/jT' Barbara Roberti, Secretary se.cretary - Zoning Board of Appeals