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2006-05-09 ZONING BOARD OF APPEALS May 9, 2006 Agenda -- Town of Wappinger Zoning Board of Appeals MEETING DATE: May 9, 2006 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for March 14, 2006. Approve minutes for March 28, 2006. Approve minutes for April 11, 2006. Approve site minutes for April 15, 2006. Approve site minutes for April 29, 2006. Executive Session Public Hearings: ~ 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 prOPOSiDl! a side yard setback of 17.46 feet, to allow for a 24 X 24 foot garage, thus requesting: a variance of 22.54 feet. -Where the code states...in no case shall Accessorv Structures be permitted in the front yard the applicant requests a variance for a detached garage 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. 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 of21.6 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. Mailings not in order. Re-scheduled Public Hearing/or May 23,2006. ........ 1 ZONING BOARD OF APPEALS May 9, 2006 - Appeal No. 06-7304 A & B Barl!:er 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 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 of road 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. Appeal No. 06-7311 John Borrell- 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 proposinl!: a rear yard setback of 40 feet, to allow for a 18 X 4 I foot in-ground pool, thus reQuestinl!: a variance of 10 feet. The property is located at 7 U J Terrace and is identified as Tax Grid No. 6256-02-630996 in the Town of Wappinger. Appeal No. 06-7310 Martin Kirwan- 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 proposinl!: a side yard setback of 6 inches, to allow for a 20 X 24 foot one-level addition, thus reQuestinl!: a variance of 19.6 feet. The property is located at 6 Maxwell Place and is identified as Tax Grid No. 6257-02-653538 in the Town of Wappinger. Discussions: ~ Appeal No. 06-7313 Susan & Max Dao- 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 15 feet, to allow for an above ground pool, thus reQuestinl!: a variance of 25 feet. The property is located at 2 Dwyer Lane and is identified as Tax Grid No. 6257-02-790510 in the Town of Wappinger. Appeal No. 05-7289-7290-7291-7292 228 Myers Corners. LLC - Seeking an Interpretation of the Zoning Administrator's letter of determination dated December 6, 2005 for the currently proposed uses of the NB portion of the site. - Seeking an area variance of Section 240-37 of District Regulations in an NB Zoning District. - Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 13.6 feet to allow for an existinl!: metal shed. thus reQuestinl!: a variance of 6.4 feet. - Seeking an area variance of Section 240-37 & 240-67 A of District Regulations in an NB Zoning District. - Where a lot size of 3 acres is required for motor vehicle use in buildinl!: # 1, the applicant is proposing .!! total lot size of 3.6 acres. thus reQuestinl!: a combined variance of 3.4 acres. - Seeking an area variance of Section 240-70. A of District Regulations in an NB Zoning District. - Where a lot size of 2 acres is required for a proposed use in buildinl!: # 3, the applicant is proposing.!! total lot size of 3.6 acres. thus reQuestinl!: a combined variance of 3.4 acres. The property is located at 228 Myers Corners Road and is identified as Tax Grid No. 6258-02-702520 III the Town of Wappinger. Closed the public hearing on April 25, 2006. Expires on June 26, 2006. EAF to be delivered by May 4, 2006. ........ 2 ZONING BOARD OF APPEALS May 9, 2006 - Miscellaneous: Degnan Site Plan: Vote to consent to Lead Agency with the Planning Board. The property is located at 1708 Route 9 and is identified as Tax Grid No. 6158-02-543530 in the Town of Wappinger. ....... ....... 3 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of May 9,2006 MINUTES ......... Town of Wappinger Zoning Board of Appeals May 9, 2006 Town Hall 20 Middlebush Road Wappinger Falls, NY Summarized Minutes Members Present: Mr. DellaCorte, Member Ms. McEvoy-Riley Member Member Absent: Mr. Fanuele, Mr. Prager, Mr. Warren, Chairman Vice-Chairman Member Others Present: Mr. Caviglia, Mrs. Lukianoff, Mrs. Roberti, Special Counsel Zoning Administrator Secretary '-" SUMMARY Public Hearine:: Michael Messina Barbara & Thomas Pica John & Pat Rongo Joe Clement, Inc. Barger Family Trust John Borrell Martin Kirwan Discussions: Susan & Max Dao 228 Myers Comers Road ....... ~) \' . 1 own of Wappmger Zoning Board of Appeals Page 2 Minutes of May 9,2006 -.. This meeting was cancelled due to only two members being present. The two members waited for all applicants to show up and announced the reason for canceling, A new special meeting was announced for next Tuesday, May 16,2006. At this same time the audience was asked whether there was anyone who had come to speak for or against the variances and their names were taken and they are as follows: Mr, Zanzillotto for the Pica variance. Mr, Antia for the Kirwan variance. Dr. Wilantewicz for the Barger Family Trust variance. These residents were also informed that they could appear on the 16th of May. All applicants were also informed that if for any reason they couldn't appear they could appoint someone in writing to appear for them. Respectfully submitted, Barbara Roberti, Secreta Town of Wappinger Planning Board ... -- "-"