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2006-05-16 ZONING BOARD OF APPEALS May 16, 2006 - Amended May 15, 2006 Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: May 16, 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 minutes for April 25, 2006. Approve minutes for May 9, 2006. Approve site minutes for April 15, 2006. Approve site minutes for April 29, 2006. 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 proposine: a side yard setback of 17.46 feet, to allow for a 24 X 24 foot garage, thus reQuestine: 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 proposine: a rear yard setback of 35 feet, to allow for a 12 X 24 foot above ground pool, thus reQuestine: 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 Rone: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 proposine: a side yard setback of2 feet, to allow for a 10 X 20 foot shed, thus reQuestine: 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. 06-7304 A & B Bare: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 buildine: line, the applicant is proposine: 81 feet at the buildine: line for a new office building, thus reQuestine: a variance of 19 feet. _ Where 100 feet is reQuired for road frontae:e, the applicant is proposine: 52.66 feet of road frontae:e, thus reQuestine: a variance of 47.34 feet on an existine: 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 May 16, 2006 - 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 prOPOSifil! a rear yard setback of 40 feet, to allow for a 18 X 41 foot in-ground pool, thus reQuestine: 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 proposine: a side yard setback of 6 inches, to allow for a 20 X 24 foot one-level addition, thus reQuestine: 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 proposine: a rear yard setback of 15 feet, to allow for an above ground pool, thus reQuestine: 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. "..". 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. '-" 2 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of May 16, 2006 MINUTES ....... Town of Wappinger Zoning Board of Appeals May 16, 2006 Town Hall 20 Middlebush Road Wappinger Falls, NY Summarized Minutes Mr. Prager, Mr. Warren, Mr. DellaCorte, Ms. McEvoy-Riley Vice-Chairman Member Member Member Members Present: Member Absent: Mr. Fanuele, Chairman Others Present: Mr. Caviglia, Mrs. Lukianoff, Mrs. Roberti, Special Counsel Zoning Administrator Secretary '-" Public Hearing: Michael Messina Barbara & Thomas Pica John & Pat Rongo Barger Family Trust John Borrell Martin Kirwan Discussions: Susan & Max Dao Degnan Site Plan ........ SUMMARY Granted two variances with a condition. Granted variance. Adjourned to May 23, 2006. Granted both variances. Granted variance with two conditions. Variance denied. Public Hearing on May 23,2006. Consented to PB being Lead Agent, also received 90 day extension on closed public hearing from Jon Adams, Attorney for the applicant. '("/ J) Town of Wappinger Zoning Board of Appeals Page 2 Minutes of May 16,2006 Mr. Warren: Motion to approve the Minutes for March 14, 2006. "...,.. Mr. DellaCorte: Second the motion. Vote: All present voted aye. Mr. Warren: Motion to approve the Minutes for March 28, 2006. Mr. DellaCorte: Second the motion. Vote: All present voted aye. Mr. Warren: Motion to approve the Minutes for April 11, 2006. Mr. DellaCorte: Second the motion. Vote: All present voted aye. Mr. Warren: Motion to approve the Minutes for April 25, 2006. Mr. DellaCorte: Second the motion. Vote: All present voted aye. Mr. Warren: Motion to approve the Minutes for May 9, 2006. Mr. DellaCorte: Second the motion. Vote: All present voted aye. Mr. Warren: Motion to approve the Site Minutes for April 15, 2006. Mr. DellaCorte: Second the motion. Vote: All present voted aye. Mr. Warren: Motion to approve the Site Minutes for April 29, 2006. Mr. DellaCorte: Second the motion. Vote: All present voted aye. ...... 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 proposine: a side yard setback of 17.46 feet, to allow for a 24 X 24 foot garage, thus reQuestine: 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. Mr. Prager: Are the mailings in order? Mrs. Roberti: Yes they are. Mr. Warren: Mr. DellaCorte: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Prager: Swore in the applicant. Mr. Messina: I am looking to put in a 24 X 24 foot detached garage to get my cars off of my driveway and to be able to move my lawnmower inside. This garage will be placed just 3 feet forward of my house. Mr. Prager: We have done a site visit on this property and this will be on the side. ...... Town of Wappinger Zoning Board of Appeals Page 3 Minutes of May 16,2006 Mr. Messina: I have a nice tree line there to buffer it from the neighbors. -...- Mr. Prager: The reason that you want to put it in front of your house is? Mr. Messina: I have septic to the rear of it and I can't get any closer to my house because I have a new well line that travels from the front of the house to the side so I can't move it any closer to the house. Mr. Prager: Is there anyone in the audience to speak for or against this? Swore in the witness. Mr. Talaber: Matthew Talaber, 9 Maple Path. We share the property line with Mike. I haven't seen the design before and was curious how it laid out. The reason both setbacks are mentioned is because it creeps into the front yard a little bit? Mr. Prager: Yes, three feet into the front. Mr. Talaber: I'm not so concerned with the front yard but am concerned with the side where I do share the property line. I do feel if it's done right it can enhance Michael's property as well as mine. What is the height of the structure? Mr. Messina: 19.2 feet, a little shorter than the house with a window facing you. At this time the plans to the garage were looked at. Mr. Messina: I was concerned it might exceed the height of the house. I come down my driveway and would see a huge garage. Another I would ask in the form of mitigation if I could would be to see a solid fence at least when you come down my driveway and I look at it because what will happen is what happens to all of us when we want to hide things we put them behind our garage. Although there are the trees there, the trees can die or be disturbed so I am looking for some mitigation in the form of a solid barrier. The other concern I have is where the leaders drain because the natural grade is toward my property. --- Mr. Messina: I can definitely get that down to my lower yard because it is uphill. As far as this solid fence though, this is something we should be talking about here') Mr. Prager: We will discuss that in a minute. Can you bring the drawings up to us? At this time the ZBA looked over the plans for the garage up at the dais. Mr. Messina: You did a site visit and saw the tree line which is pretty dense. Can I just add more trees because I am not really a fence type person? Can I just do it with natural borders which I would rather do. Ms. McEvoy-Riley: I think you should ask your neighbor if that's ok rather than a whole fence. Trees enhance it. Mr. Talaber: I was thinking more coming down from my driveway, maybe three bands of solid fencing. If you ask me my preference I would prefer some kind of solid wood fence. Mr. Messina: My question to you then is could it be on your side of the trees so I don't have to see the fence so much? --- Town of Wappinger Zoning Board of Appeals Page 4 Minutes of May 16,2006 Mr. Talaber: No, on your side. ....... Mr. Messina: Then we really have to talk about this. Mr. Warren: I like the idea of more trees. Mr. Prager: I think when this gets done rather than see a fence up I think you would be happier with more trees. Mr. Talaber: I think it depends on the fence selected that will compliment the garage. Mr. Messina: Yes but he doesn't want it on his side of the trees. Mr. Talaber: But it is a significant variance. Mr. DellaCorte: Your objection is the back of his garage and his storing material, so if there is nothing back there than would it bother you? Mr. Talaber: I don't think so but what happens when he sells it to the next guy? Maybe 4 eight foot lengths, something like that or 24 foot. Mr. Messina: He's talking about the side of the garage and understand this members of the board, I planted those trees at a cost of $4,000.00. To not be able to see that tree line wouldn't be fair to me either. So ifhe wants the fence I will put it on his side and put the fence up myself, any fence he wants but I would rather not look at it and after all I did buy the trees. Mr. DellaCorte: So your objection is to any fence? ....... Mr. Messina: Let me show you this plan, it's not the back it's the side. Mr. Messina brought the plans to the dais for the members. Mr. Talaber: When I drive down my driveway I am facing his property and I will be able to see it. Mr. Messina: But why should I have to see the fence. Mr. Talaber: I am at a higher elevation coming down. Mr. Prager: I cannot tell Mr. Messina where to put his fence. Ifhe wants to put it on the other side of the trees he can do that as long as it is on his property. Mr. Messina: Can I put it on your side? Mr. Talaber: No. Mr. Messina: Then I will be shaving the branches of the trees and putting it on your side of the trees. Mr. Prager: Ok step back. Mr. Warren: Mr. DellaCorte: Vote: Motion to close the public hearing. Second the motion. All present voted aye. ....... Town of Wappinger Zoning Board of Appeals Page 5 Minutes of May 16,2006 ........ Mr. DellaCorte: Motion to grant the variances with the following condition. That the applicant place a fence, 6 feet high by 24 feet in length ( three sections of 8 feet) on the applicant's property in the material of his choosing. This will not change the neighborhood, it is substantial and self-created but I don't see where else you could put it. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. DellaCorte: Mr. Prager: Aye. Aye. Aye. Aye. Mr. Warren: Roll Call: Mr. Messina: I will check my prints and if! have the room it will be on his side of the trees. Mr. DellaCorte: This fence will start at the beginning to the end of the garage following the property line with a set point of 12 feet in either direction of the garage. Mr. Messina: Even if this means pulling up the trees and moving them in so that I can get the fence on his side. Mrs. Roberti: Just for clarification repeat the requirements. Mr. Caviglia: This will run with the land so it has to be clear on the variance. (Mr. Caviglia went over the property with the Mr. Messina and Mr. Talaber.) On the northerly comer of the proposed garage which is the comer that appears closest to the subject property line, the middle of the 24 foot fence segment that would be placed, parallel to the subject property line would be more or less the placement and the condition of the variance. .'-" 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 vard setback of 40 feet is required, the applicant is proposinl!: a rear yard setback of 35 feet, to allow for a 12 X 24 foot above ground pool, thus reQuestinl!: 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. Mr. Prager: Are the mailings in order? Mrs. Roberti: Yes they are. Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Prager: Swore in the applicant. Mrs. Pica: We bought a pool and when we came in to get a building permit we were told we needed a variance. We are on a comer lot and our original back yard or what we thought was our back lot turned out to be our side yard. We don't want the pool all the way to the driveway so I need a 5 foot variance. '--'" Mr. Prager: Is there a reason you can't move it back? Town of Wappinger Zoning Board of Appeals Page 6 Minutes of May 16,2006 Mrs. Pica: Because then I will be too close to the house. '-- Mr. Prager: Is there anyone in the audience for or against this variance? Mr. Zanzillotto: Fred Zanzillotto, 42 Regency Drive. I will presume this is to the side and not the rear of their property. Ms. McEvoy-Riley: Because it's a comer lot they get to choose which will be the side and the rear. Mrs. Lukianoff: Comer lots have two front yards and with the two remaining sides the applicant gets to choose which will be the rear and the side but they only get to choose once. The next time they would come in to do something the choice would already be there in place. This would then run with the property through the future. Mr. Zanzillotto: When I put my pool in there were restrictions. Mr. DellaCorte: Where are you in relation to the Picas? Mr. Zanzillotto: I am across the street. Mr. Prager: Anyone else with a question? Ms. McEvoy-Riley: You have all trees around your property so this will really be hidden. Mr. Warren: I heard you will be planting even more? Mrs. Pica: Yes we will. A fence would look funny right there. I will plant shrubs because I believe when you live in a neighborhood you should make your property attractive. '-"' Mr. Warren: Ms. McEvoy-Riley: Vote: Motion to close the public hearing. Second the motion. All present voted aye. Mr. Warren: Motion to grant the variance since this will not be undesirable to the neighborhood, is not substantial although it is self-created. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. DellaCorte: Mr. Prager: Aye. Aye. Aye. Aye. Ms. McEvoy-Riley: Roll Call: 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 vard setback of 10 feet is required, the applicant is proposinl! a side vard setback of 2 feet. to allow for a 10 X 20 foot shed, thus reauestinl! 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. Mr. Prager: Are the mailings in order? "-" Town of Wappinger Zoning Board of Appeals "-" Mrs. Roberti: Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Mr. Prager: Mrs. Rongo: Mr. Prager: Mrs. Rongo: Mr. Prager: Mr. DellaCorte: Mr. Prager: Mrs. Lukianoff: -- Mr. Prager: Mr. Rongo: Mr. Prager: Mrs. Lukianoff: Mr. Prager: Mr. Prager: Mr. Warren: Ms. McEvoy-Riley: Vote: ~ Page 7 Minutes of May 16, 2006 Yes they are. Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. We have asked for a variance for the shed we have to store bike and other things in. I have no problem with any neighbors and you have all been out to see it. I have been in this house since 1978. I noticed right next to the shed an older shed, do you need it? Well yes, I have an IG pool and I store the chemicals in it. It seems like an awful lot of building on that small piece of property. I agree with you there although the property is small. Yes but this is a sizable variance. Is there anyone in the audience with a question? The sheds are 2 feet from the property line and the building code says that all structures need to be 3 feet from the property line or they need to raise the fire rating to one hour. Read the fire code to the Rongo 's from a memo from the Zoning Administrator. You might want to adjourn this meeting until you find out if you can either move it in or see the building inspector to see what you would have to do to put a one hour fire rating on it. This is a state law. What ifI just move it forward a foot? I suggest doing that. Talk to the building inspector but it would be less costly to move it. I will adjourn this for a week to give you time to decide which way you want to proceed. Motion to adjourn to May 23, 2006. So moved. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals Page 8 Minutes of May 16, 2006 .........- Appeal No. 06-7304 A & B Bar!!: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 buildin!!: line, the applicant is proposin!!: 81 feet at the buildin!!: line for a new office building, thus reQuestin!!: a variance of 19 feet. - Where 100 feet is required for road fronta!!:e, the applicant is proposin!!: 52.66 feet of road fronta!!:e, thus reQuestin!!: a variance of 47.34 feet on an existin!!: 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. Present Richard Barger Mr. Prager: Are the mailings in order? Mrs. Roberti: Yes they are. Mr. Warren: Mr. DellaCorte: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Prager: Swore in the applicant. Mr. Barger: This existing lot was created in 1966 and only has a 52 foot width at the road. The second variance is for 100 feet at the building line. If I move it back I am in the buffer zone and the PB asked me to move the building forward. ....... Mr. Prager: We received a letter from the PB recommending us to grant this variance. Is there anyone in the audience with a comment? Dr. Wilantewicz: I am at 282 New Hackensack Road. There have been a number of accidents in front of this property and I am worried about the line 0 f sight distance here since I myself have 100 or so people coming in and out on a daily basis. Down the road the traffic backs up quite a bit. This is a small property that had a single family residence on it for years. If this gets developed this will cause an increase in traffic coming in and out onto the road and I worry about the land locked property behind this getting developed. Mr. Prager: Some of your concerns will be taken care of at the PB. Seeing we have a recommendation from the PB I can assume they feel this is ok. Ms. McEvoy-Riley: Your dentist office next door has over 30 parking spaces? Dr. Wilantewicz: Yes and over that he will be adding 7 more spaces. Mr. Prager: Anyone else? Dr. Wilantewicz: What about well and septic? Mr. Barger: The DCHD has approved both. Ms. McEvoy-Riley: The PB is looking at it with the 7 spaces. I don't see it causes a concern. Mr. DellaCorte: Dr., that land behind here is land locked? ,.... Town of Wappinger Zoning Board of Appeals Page 9 Minutes of May 16,2006 Mr. Barger: It is the RJA subdivision and the road to it comes out here, it is not land locked. Richard explained to the board by showing him a map of what that property looks like. ....... Dr. Wilantewicz: Can it be written into the variance that he can't use that property? Mr. Prager: We can't because he does not own that property. Mr. Warren: Mr. DellaCorte: Vote: Motion to close the public hearing. Second the motion. All present voted aye. Mr. Warren: Roll Call: Motion to grant the variance. He will be moving the building out of the wetland buffer, it will not cause an undesirable change, one variance is significant and one is not. This is self-created and there may be some physical effects to the traffic. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. DellaCorte: Mr. Prager: Aye. Aye. Aye. Aye. Mr. DellaCorte: ~ 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 vard setback of 50 feet is required, the applicant is proposine: a rear yard setback of 40 feet, to allow for a 18 X 41 foot in-ground pool, thus reQuestine: 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. Mr. Prager: Are the mailings in order? Mrs. Roberti: Yes they are. Mr. Warren: Mr. DellaCorte: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Prager: Swore in the applicant. Mr. Borrell: Weare looking to put in an in-ground pool and we require a variance of 10 feet to the rear yard. One neighbor has a problem with privacy and wants a fence along the entire rear but it is all treed. Ms. McEvoy-Riley: What's there now? Mr. Borrell: It's all wooded between Mr. Tierney and us. Mr. Prager: Where the pool will be, these pictures show the property line and the Tierney's back yard. Mr. Borrell: There is a black top court in my back yard and that is where the pool will be. ........ Page 10 Town of Wappinger Zoning Board of Appeals Mr. Prager: ...... Mr. Borrell: Mr. Prager: Mr. Borrell: Mr. Prager: Mr. Tierney: Ms. McEvoy-Riley: Mr. Tierney: Ms. McEvoy-Riley: Mr. Tierney: Mr. Borrell: Mr. Tierney: .~ Mr. Prager: Mr. Tierney: Ms. McEvoy-Riley: Mr. Prager: Mr. Tierney: Mr. Borrell: Mr. Prager: Mr. Manning: ........ Minutes of May 16, 2006 The pool is 35 feet from the rear of your house? I have a well here and then the driveway. Will there be a fence around it? Yes a 6 foot privacy fence all around the pool for safety and privacy. Is there anyone in the audience with a comment? Dennis Tierney, 188 Dorothy Lane. Mr. Tierney can you see this from your house? I can't see it over the my shed roof but I can see it from my bedroom window and I am concerned with noise and lighting. Aren't we all. I am not sure if the current lighting on the property meets code. Is the pole and light yours? Yes. Weare also planning lights in the water of the pool. I met with Dennis last week and he said he didn't want to see my kids play set. Can you inspect the current lighting for code and also is this house a legal 2- family or does it have an apartment? I want to know if it meets current zoning code and I know that he is putting up a fence around the pool but I would like additional fencing or trees in the rear. We cannot handle the lighting issue under this variance. Then I don't think the variance should be granted until the property is inspected and it meets all current zoning. You can't request that but what you can request is ...... If you have a problem with those issues you can go to the zoning department and file a complaint but that has nothing to do with this variance. Then I request additional trees, fence or a berm because there will be noise coming from the pool. He planted pine trees in 2004 and now they are dead and they were installed on the property line. If you have complaints go to the zoning department and we are going to take care of the pool tonight. Don Manning, 178 Dorothy Lane. My back yard is adjacent to Mr. Borrell and I have been there for 44 years. I abut both properties and I don't have a problem with either one and I don't have any problem with the pool or the lights. This is a family oriented neighbor and there always has been children growing up here. It's a great neighborhood. Town of Wappinger Zoning Board of Appeals Mr. Prager: '-" Ms. McEvoy-Riley: Mr. Warren: Mr. DellaCorte: Mr. Borrell: Mr. Prager: Mr. DellaCorte: Mr. Tierney: Mr. Prager: Ms. McEvoy-Riley: Mr. Warren: Vote: Ms. McEvoy-Riley: "-" Mr. Warren: Roll Call: Page 11 Minutes of May 16, 2006 Thank you. When we were out 4 or 5 weeks ago there weren't many leaves and the trees were still pretty bare. There is a flat blacktop surface that is perfect for a pool. I don't have any problems with this. I agree with Jennifer and I think the property will hold the pool very nicely. In terms of the pool lighting, Mr. Borrell seems very accommodating. The lighting will be around the pool and maybe a light pole facing the pool. Just make sure any new lighting shines only on your property. I think the 6 foot high privacy fence that Mr. Borrell will put up around the pool will block the noise and the lighting. I want more trees as part of the approval. No I don't think that is necessary and we are not going to get into that. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. This does not appear to have any significant adverse effect on the neighborhood, it is not substantial and it is self- created. The two conditions will be a fence around the pool and lighting only on the applicant's property. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. DellaCorte: Mr. Prager: Aye. Aye. Aye. Aye. 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 reauired, the applicant is proposine: a side vard setback of 6 inches, to allow for a 20 X 24 foot one-level addition, thus reauestine: 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. Present Mr. Prager: Mrs. Roberti: Mr. Warren: "-" Elizabeth Mulligan - Daughter of applicant Are the mailings in order? Yes they are. Motion to open the public hearing. Page 12 Town of Wappinger Zoning Board of Appeals Mr. DellaCorte: Vote: '-' Mr. Prager: Mrs. Mulligan: Mr. Prager: Mrs. Mulligan: Mr. Prager: Mr. Antis: Mr. Prager: '-' Ms. McEvoy-Riley: Mrs. Mulligan: Mr. Prager: Mr. Warren: Ms. McEvoy-Riley: Mr. Warren: Vote: Ms. McEvoy-Riley: Mr. Warren: Roll Call: ....... Appeal No. 06-7313 Minutes of May 16, 2006 Second the motion. All present voted aye. Swore in the applicant. My father is aging and he can't take care of his home and we are going to move in. We want to add a bedroom on the side for him and there are no neighbors on the side, it is just woods. Doing this addition will keep it a one-story house. Putting it in the rear is difficult since we just put on a deck that was costly. Moving the addition to any other part of the house because of grading creates a 2-story house. We received a letter from Joseph Friends of 5 Maxwell Place and his opinion is that your request is unacceptable. We also have a letter from the Zoning Administrator stating that there are building restrictions that this needs to be a minimum 00 feet off the property line. This is a 97 % variance that you are requesting and granting it would be changing the code and my feeling is that it is not acceptable. That gentleman doesn't live here. Ifhe was familiar with the street he would know that I am not changing the neighborhood. I'll open this up to the audience for comment. Mr. Antia, 4 Maxwell Place. I have lived there for 30 years and I have no objection to the addition. Anyone else? Hearing none. My opinion is that this would be changing the code. What if we pulled it back? You really don't have that much room. It's just really too large. You can move it into the rear even if that means taking your deck down. 97 % is just too large and there are ways around this for you to accomplish this. Motion to close the public hearing. Second the motion. All present voted aye. I make a motion to unfortunately deny this variance. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. DellaCorte: Mr. Prager: Aye. Aye. Nay. Aye. Page 13 Town of Wappinger Zoning Board of Appeals Minutes of May 16,2006 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 proposin2 a rear yard setback of 15 feet, to allow for an above ground pool, thus reQuestin!! 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. ........ Mrs. Dao: Mr. Prager: Mrs. Dao: Mr. DellaCorte: Mrs. Dao: Mr. Prager: I would like to put a pool in that is 18 feet round. My property is shallow in the rear and all my property is in the front and side because I am on a comer lot. You have very steep slopes on your property. Yes, I had a pool guy come out and he felt this would be the best place for the pool. My back yard is my neighbor's side and is all tree lined. How high is the pool? 52 inches high. We will conduct a site visit on May 20th and your public hearing will be May 23rd, 2006. 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. "'llIIIr Mr. Caviglia: Mr. Prager: Mr. Warren: Mr. DellaCorte: Vote: Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Meeting ended at 9: 15 PM -- This board needs to vote on allowing the PB is be lead agent for the Degnan Site Plan. Motion that the Planning Board is to be Lead Agency for the Degnan Site Plan. So moved. Second the motion. All present voted aye. Motion to adjourn. Second the motion. All present voted aye. Respec,Jfully Submitted, II 1 ttL.~ ? B~r~ Robertl, ecretar Secretary - Zoning Board of Appeals /:J!uY . .' 7