2006-06-27
ZONING BOARD OF APPEALS
June 27, 2006
Agenda
....
Town of Wappinger Zoning Board of Appeals
MEETING DATE: June 27, 2006
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve site minutes for June 17, 2006
Public Hearing:
Appeal No. 06-7314
Marilyn Ril!:ano- 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 proposinl!: a side yard setback of 15
feet 4 inches, to allow for a 12'2" X 18'5" pool cabana, thus reQuestinl!: a variance of9 feet 8 inches.
The property is located at 10 Joan Lane and is identified as Tax Grid No. 6459-03-075098 in the Town of
Wappinger.
Appeal No. 06-7315
Timothy & Stacey ROl!:an- Seeking an area variance of Section 240-37 of District Regulations in an R-15
Zoning District.
-Where a rear yard setback of 30 feet is required, the applicant is proposinl!: a rear yard setback of 14
feet, to allow for a 27 foot above ground pool, thus reQuestinl!: a variance of 16 feet.
The property is located at 59 Kretch Circle and is identified as Tax Grid No. 6156-01-380741 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 ofthe NB portion of the site.
- Seeking an area variance of Section 240-37 of District Regulations in an NB Zoning District.
-Where a side vard setback of20 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 Mvers Corners Road and is identified as Tax Grid No. 6258-02-702520 in
the Town of Wappinger.
Closed the public hearing on April 25, 2006. Expires on June 26, 2006. Applicant granted one day extension
to June 27, 2006.
Mailings are not in order. Will be republished and heard on July 11, 2006.
Discussions:
"'-"
Anneal No. 06-7316
Tolin Subdivision- Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District.
-Where a side yard setback of25 feet is reauired. the applicant is nrOnOSiUl! a side yard setback of 17.6 feet, to
allow for an existing garage to remain, thus reauestinl! a variance of 7.4 feet.
The property is located at 34 Losee Road and is identified as Tax Grid No. 6157-02-890655 in the Town of
Wappinger.
1
Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes oOune 27, 2006
MINUTES
.......
Town of Wappinger
Zoning Board of Appeals
June 27, 2006
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members Present:
Mr. Warren,
Ms. McEvoy-Riley,
Mr. DellaCorte,
Member
Member
Member
Member Absent:
Mr. Fanuele,
Mr. Prager,
Chairman
Vice-Chairman
Others Present:
'-"
Mr. Caviglia,
Mrs. Lukianoff,
Mrs. Roberti,
Special Counsel
Zoning Administrator
Secretary
SUMMARY
Public Hearin2:s:
Marilyn Rigano
Adjourned Public Hearing to July 11,2006
Timothy & Stacey Rogan
Variance Granted.
228 Myers Comers Road
Mailings not done. Applicant granted additional
extension to July 11, 2006 when public hearing will
take place.
Discussions:
Tolin Subdivision
Site visit for July 8, 2006 and Public Hearing on July 25,
2006.
'-'"
Town of Wappinger
Zoning Board of Appeals
........
Mr. DellaCorte:
Ms. McEvoy-Riley:
Vote:
Page 2
Minutes of June 27, 2006
Motion to approve the Site Minutes for June 17, 2006.
Second the motion.
All present voted aye.
Appeal No. 06-7314
Marilyn Ril!ano- 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 proposinl! a side yard setback of 15
feet 4 inches, to allow for a 12'2" X 18'5" pool cabana, thus reQuestinl! a variance of9 feet 8 inches.
The property is located at 10 Joan Lane and is identified as Tax Grid No. 6459-03-075098 in the Town
of Wappinger.
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Mr. Warren:
Mrs. Roberti:
Mr. Warren:
Ms. McEvoy-Riley:
Ms. Rigano:
'-"
Mr. Warren:
Ms. McEvoy-Riley:
Mr. Warren:
Vote:
Mr. DellaCorte:
Ms. McEvoy-Riley:
Roll Call:
Motion to open the public hearing.
Second the motion.
All present voted aye.
Are the mailings in order?
Yes they are.
Swore in the applicant. We have done a site visit on this property.
Your property is very pretty. How was this discovered?
I have a permit for the pool and the building department came by and said I had
an open permit and when they saw the pool cabana they said I needed a permit.
Is there anyone in the audience with a comment? Hearing none.
Motion to close the public hearing.
Second the motion.
All present voted aye.
Motion to grant the variance. This is not substantial nor will affect the
environment or neighborhood. This is very secluded although this is self-
created.
Second the motion.
Ms. McEvoy-Riley: Aye.
Mr. DellaCorte: Aye.
Mr. Warren: Aye.
Appeal No. 06-7315
Timothy & Stacey ROl!an- Seeking an area variance of Section 240-37 of District Regulations in an R-15
Zoning District.
- Where a rear yard setback of 30 feet is required, the applicant is proposinl! a rear yard setback of 14
feet, to allow for a 27 foot above ground pool, thus reQuestinl! a variance of 16 feet.
The property is located at 59 Kretch Circle and is identified as Tax Grid No. 6156-01-380741 in the
Town of Wappinger.
.........
Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of June 27, 2006
~
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Motion to open the public hearing.
Second the motion.
All present voted aye.
Mr. Warren:
Are the mailings in order?
Mrs. Roberti:
Yes they are.
Mr. Warren:
Swore in the applicant. We have also done a site visit on this property.
Ms. McEvoy-Riley:
How did you get discovered and your property is also beautiful.
Mrs. Rogan:
They came out for an inspection on my deck and they saw it. It was put in by
Namco.
Ms. McEvoy-Riley:
Who owns the property behind you?
Mrs. Rogan:
It belongs to the town recreation department.
Mr. Caviglia:
We should really make the recreation department aware of the easement behind
them.
Mr. DellaCorte:
Even if it is a hiking trail?
Mr. Caviglia:
I recommend that you get verification from the recreation department on this.
~
Mrs. Rogan:
But is that fair to me since all the mailings were done?
Mr. Caviglia:
It is up to the board's discretion to hold this over for verification.
Mr. Warren:
That is a good point.
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Motion to adjourn the public hearing until July 11, 2006.
Second the motion.
All present voted aye.
Mr. Caviglia:
Barbara could you have this verified by the recreation department for the next
meeting?
Mrs. Roberti:
Yes I will take care of that.
Appeal No. 05-7289-7290-7291-7292
228 Mvers Corners, LLC
The property is located at 228 Mvers Corners Road and is identified as Tax Grid No. 6258-02-702520 m
the Town of Wappinger.
Closed the public hearing on April 25, 2006. Expires on June 26, 2006.
Accept one day extension granted by Don Walsh to June 27, 2006.
Mr. Warren:
I understand the mailings are not in order Barbara?
Mrs. Roberti:
Correct.
Mr. Warren:
We will then move their public hearing to July 11, 2006 and accept their one day
extension.
~
Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of June 27,2006
"""
Mr. Warren:
Ms. McEvoy-Riley:
Vote:
Motion to accept the one day extension.
Second the motion.
All present voted aye.
Mr. Caviglia:
They have put up escrow and one of the attorneys for the neighbor has an objection
to the EAF to do with noise. Our town planner has identified an expert in this field
and I believe you have received his resume. The planner will explain this at the
meeting on July 11, 2006.
Mrs. Roberti:
The planner will be getting a proposal together for you to look over prior to the next
meeting.
Appeal No. 06-7316
Tolin Subdivision- 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 proposine: a side yard setback of 17.6
feet, to allow for an existing garage to remain, thus reQuestine: a variance of 7.4 feet.
The property is located at 34 Losee Road and is identified as Tax Grid No. 6157-02-890655 in the Town
of Wappinger.
Present:
Eric & Janet Gardell
Mr. Gardell:
We represent Harvey Tolin who is seeking a 3-10t subdivision with the PB.
There will be a new lot line near an existing garage. We are seeking a variance
to allow the garage to stay where it is.
.......
Mr. Warren:
How long are they there?
Mr. Gardell:
Approximately 10 years. You should have received a recommendation from the
PB in favor of this variance.
Mrs. Roberti:
It was sent to you in April of this year.
Mr. DellaCorte:
How far from the lot line will this be?
Mr. Gardell:
17.6 feet.
Mr. DellaCorte:
Are there markers out there that we can see?
Mr. Gardell:
Yes 17 feet off the garage.
Mr. Warren:
We will do a site visit on or about July 8th, 2006 and set your public hearing for
July 25th, 2006.
Mr. Gardell:
Thank you.
Mr. DellaCorte:
Mr. Warren:
Vote:
Motion to cancel the August 81h, 2006 meeting.
Second the motion.
All present voted aye.
.......
Town of Wappinger
Zoning Board of Appeals
........
Ms. McEvoy-Riley:
Mr. Warren:
Vote:
Meeting ended at 8:00 PM
'-'
........
Motion to adjourn.
Second the motion.
All present voted aye.
Page 5
Minutes of June 27, 2006
~.s.p...e~! SU.bmitted, a//'-. .:
.... ,/ /~
" t.~--t.d ~Pl7/
~. ra 0 erti, ~cretary
,Secretary - Zoning Board of Appeals