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2006-11-28 ZONING BOARD OF APPEALS November 28, 2006 Agenda ........ Town of Wappinger Zoning Board of Appeals MEETING DATE: November 28, 2006 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve site minutes for November 18, 2006. Public Hearing: Appeal No. 06-7330 Dominick & Krisana Pisanello- Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District. -Where a front yard setback of 75 feet is required, the applicant is proposin!! a front yard setback of 30 feet. to allow for a 20' X 20' attached two-car garage, thus reQuestin!! a variance of 45 feet. The property is located at 2268-2270 Route 9D and is identified as Tax Grid No. 6057-04-978368 in the Town of Wappinger. Appeal No. 06-7331 Mr. & Mrs. Eric Lehner - Seeking area variances of Section 240-37 of District Zoning Regulations for R-15 Zoning. -Where a rear yard setback of 10 feet is required, the applicant is proposing a rear yard setback of 3 feet to allow for a 10' X 12' prefab shed. thus reQuestin!! a variance of3 feet. - Where a side yard setback of 6 feet is reQuired, the applicant is proposing a side yard setback of 3 feet to allow for a 10' X 12' prefab shed. thus reQuestin!! a variance of3 feet. - Where a side yard setback of 6 feet is required, the applicant is proposing a side yard setback of 3 feet to allow for a 10' X 12' prefab shed. thus reQuestin!! a variance of 3 feet. The property is located at 96 Ardmore Drive and is identified as Tax Grid No. 6257-03-299431 in the Town of Wappinger. ......... Appeal No. 06-7332 Tech Air Site Plan - Seeking area variances of Section 240-37 for reQuests 1A throu!!h 5E and Section 240-97 for variance 6F of District Zoning Regulations for HO (Highway Office) Zoning. lA-Where a lot area of one acre is reQuired, the applicant is proposing a lot area of .51 of an acre. thus reQuesting a variance of .49 acre. 2B- Where a lot width of 150 feet is reQuired, the applicant is proposing a lot width of 87 feet for a pre-existing condition. thus reQuestin!! a variance of 63 feet. 3C- Where a front yard setback of 50 feet is reQuired alon!! Smithtown Road, the applicant is proposing a front yard setback of 5 feet for the corner of the proposed build in!! from the property line. thus reQuestin!! a variance of 45 feet. 4D:Where 50 feet is required on a corner lot for a side yard setback eQual in depth of the front yard setback. the applicant is proposing a side yard setback of 15 feet from the Route 9 side ofthe property. thus reQuestin!! a variance of35 feet. The proposed building is to be located 15 feet from the side property line that runs along Route 9. 5E-Where a side yard setback of 10 feet is reQuired, the applicant is proposing a side yard setback of5 feet for the proposed buildin!! from the property line. thus reQuestin!! a variance of 5 feet. 6F- Where 21 parkin!! spaces are required for retail business includin!! offices and storage. the applicant is proposing 11 vehicle spaces includin!! 1 Handicap Space, thus reQuestin!! a variance of 10 parkin!! spaces. The property is located at 1123 Route 9 ( Corner of Smithtown Road and Route 9) and is identified as Tax Grid No. 6157-04-671026 in the Town of Wappinger. Discussions: Appeal No. 06-7327 Dutchess Landscapin!! Supplv- Seeking an area variance of Section 240-37 of District Regulations in an AI Zoning District. -Where a rear yard setback of 50 feet is reQuired, the applicant is proposin!! a rear yard setback of25 feet. to allow for an in-ground pool for display purposes, thus reQuesting a variance of25 feet. The property is located at 30 Airport Drive and is identified as Tax Grid No. 6259-04-578332 in the Town of Wappinger. ......... 1 ZONING BOARD OF APPEALS November 28, 2006 ......... Appeal No. 06-7333- Jeffrev Stram!: - Seeking an area variance of Section 240-37 and Section 240- I 07B (2) (b) [2] of District Zoning Regulations for HB Zoning. -Where 2 acres are reauired, the applicant is proposing 1.78 acres to allow for a mix of commercial and multi- familv housinl!:. thus reauestinl!: a variance of .22 acres. - Where a lot depth of 200 feet is rea uired, the applicant is proposing a lot depth of 105 feet to allow for a pre- existinl!: condition. thus reauestinl!: a variance of95 feet. The property is located between Old State Road and Old Route 9 and is identified as Tax Grid No. 6157-02- 580777/581803 in the Town of Wappinger. ......... '-" 2 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of November 28, 2006 MINUTES lQ)fRiffi\~l '-" Town of Wappinger Zoning Board of Appeals November 28, 2006 Town Hall 20 Middlebush Road Wappinger Falls, NY Summarized Minutes Members: Mr. Fanuele, Chairman Ms. McEvoy-Riley Member Mr. Warren, Member Mr. Prager, Mr. DellaCorte, Vice-Chairman Member Members Absent: Others Present: Mrs. Lukianoff, Mrs. Roberti, Mr. Caviglia Zoning Administrator Secretary Special Counsel '-" SUMMARY Public Hearin2s: Mr. & Mrs. Lehner -Adjourned Public Hearing on December 12, 2006. -Granted three variances for a shed. Dominick Pisanello Tech Air Site Plan -Adjourned Public Hearing on December 12, 2006. Discussions: Dutchess Landscaping - Public Hearing on December 12, 2006. Jeffrey Strang -Public Hearing on December 12,2006. '-" Page 2 Town of Wappinger Zoning Board of Appeals Minutes of November 28, 2006 ........ Appeal No. 06-7330 Dominick & Krisana Pisanello- Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District. - Where a front yard setback of 75 feet is required, the applicant is proposin2 a front yard setback of 30 feet. to allow for a 20' X 20' attached two-car garage, thus reQuestin2 a variance of 45 feet. The property is located at 2268-2270 Route 9D and is identified as Tax Grid No. 6057- 04-978368 in the Town of Wappinger. Mr. Warren: Mr. Fanuele: Vote: Mr. Pisanello: Mr. Fanuele: '-' Motion to open the public hearing. Second the motion. All present voted aye. I would like to put in a garage next to my home to protect my cars. I am just offof9D. Is there anyone in the audience with a question or a comment? Hearing none. The board members? Hearing none. The only thing I have is that we sent a letter to the DOT and we haven't heard back from them yet. Since we only have three members tonight and since we haven't heard back yet from the DOT I think you should wait until the next meeting. Ms. McEvoy-Riley: Motion to adjourn the public hearing until December 12,2006. Mr. Warren: Second the motion. V ote: All present voted aye. Mr. Pisanello: Thank you. Appeal No. 06-7331 Mr. & Mrs. Eric Lehner - Seeking area variances of Section 240-37 of District Zoning Regulations for R -15 Zoning. - Where a rear yard setback of 10 feet is required, the applicant is proposing a rear yard setback of 3 feet to allow for a 10' X 12' prefab shed. thus reQUestin2 a variance of 3 feet. - Where a side yard setback of 6 feet is required, the applicant is proposing a side yard setback of 3 feet to allow for a 10' X 12' prefab shed. thus reQuestin2 a variance of 3 feet. - Where a side yard setback of 6 feet is required, the applicant is proposing a side yard setback of 3 feet to allow for a 10' X 12' prefab shed. thus reQUestin2 a variance of 3 feet. '-" Town of Wappinger Zoning Board of Appeals Page 3 Minutes of November 28,2006 The property is located at 96 Ardmore Drive and is identified as Tax Grid No. 6257- 03-299431 in the Town of Wappinger. '- Mr. Fanuele: Motion to open the public hearing. Ms. McEvoy-Riley: Second the motion. Vote: All present voted aye. Mr. Fanuele: Mrs. Roberti: Mr. Fanuele: Mrs. Lehner: Mr. Fanuele: Mr. Fanuele: Mr. Warren: Vote: .......... Are the mailings in order? Yes. Swore in the applicant. I would like to put in a 10' X 12' shed in my rear yard. This is the best place for it since my property is pie-shaped. Is there anyone in the audience with a question or a comment? Hearing none. The board members? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Ms. McEvoy-Riley: Motion to grant the variance. It will not produce any undesirable affects, there are really no other feasible methods for you, it is substantial and self-created but it will not have an adverse affect on the environment. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Fanuele: Mr. Warren: Roll Call: Aye. Aye. Aye. Mrs. Lehner proceeded to ask who sets the law regarding variances and how to go about changing them. Mr. Caviglia told her to see the Town Board. Appeal No. 06-7332 Tech Air Site Plan - Seeking area variances of Section 240-37 for requests lA throue:h 5E and Section 240-97 for variance 6F of District Zoning Regulations for HO (Highway Office) Zoning. lA- Where a lot area of one acre is required, the applicant is proposing a lot area of .51 of an acre. thus reQuestine: a variance of .49 acre. '-" Page 4 Town of Wappinger Zoning Board of Appeals Minutes of November 28, 2006 2B- Where a lot width of 150 feet is required, the applicant is proposing a lot width of 87 feet for a pre-existinl! condition, thus reQuestinl! a variance of 63 feet. "-" 3C- Where a front yard setback of 50 feet is required alonl! Smithtown Road, the applicant is proposing a front yard setback of 5 feet for the corner of the proposed buildinl! from the property line, thus reQuestinl! a variance of 45 feet. 4D: Where 50 feet is required on a corner lot for a side yard setback equal in depth of the front yard setback, the applicant is proposing a side yard setback of 15 feet from the Route 9 side of the property, thus reQuestinl! a variance of 35 feet. The proposed building is to be located 15 feet from the side property line that runs along Route 9. 5E- Where a side yard setback of 10 feet is required, the applicant is proposing a side yard setback of 5 feet for the proposed buildinl! from the property line, thus reQuestinl! a variance of 5 feet. 6F- Where 21 parkinl! spaces are required for retail business includinl! offices and storal!e. the applicant is proposing 11 vehicle spaces includinl! 1 Handicap Space, thus reQuestinl! a variance of 10 parkin I! spaces. The property is located at 1123 Route 9 ( Corner of Smithtown Road and Route 9) and is identified as Tax Grid No. 6157-04-671026 in the Town of Wappinger. Present: '-" Larry Paggi Steve Whalen Don Swartz Ms. McEvoy-Riley: Motion to open the public hearing. Mr. Warren: Second the motion. V ote: All present voted aye. Mr. Fanuele: Mr. Paggi: ...... Is there anyone in the audience regarding this project? (Yes one woman has interest in the project.) Explained the project to the public. Variance #1: One acre is required and we only have 12 acre. It's pre-existing. Variance #2: Width oflot is required to be 150 feet and we only have 110 feet. We are giving 25 feet to the town. Variance #3: Front yard setback of 50 feet required and we have 5 feet. Same as now. Variance #4: Need 50 feet from Route 9 and we only have 15 feet. Same as existing building is now. Variance #5: Side yard setback of 10 feet required and we have 5 feet as we do now. Variance #6: 21 parking spaces are required and we are proposing 11 spaces. Town of Wappinger Zoning Board of Appeals '-' Mr. Whalen: Mr. Fanuele: Mr. Paggi: Mr. Warren: Mr. Paggi: Mr. Swartz: Mr. Paggi: Mr. Fanuele: Mr. Paggi: ~ Mr. Fanuele: Mr. Warren: Vote: Page 5 Minutes of November 28,2006 Weare proposing this plan which will significantly improve the existing site. We will also be closing the Route 9 entrance. Showed floor plans and elevations to the ZBA members. Will the storage be indoors? Yes it will be open air storage. This looks very tight. It is tight because the site is small but we are combining the office with the storage. The new building is larger than what is there but we are bringing all the current outdoor storage inside the building. We have met with the Fire Inspector to make sure we meet all the fire codes. I believe you should also wait for a full board before a vote is taken. I appreciate that consideration. Motion to adjourn the public hearing to December 12, 2006. Second the motion. All present voted aye. Appeal No. 06-7327 Dutchess Landscapine: Supplv- Seeking an area variance of Section 240-37 of District Regulations in an AI Zoning District. - Where a rear yard setback of 50 feet is required, the applicant is proposine: a rear yard setback of 25 feet, to allow for an in-ground pool for display purposes, thus reQuestine: a variance of 25 feet. The property is located at 30 Airport Drive and is identified as Tax Grid No. 6259-04-578332 in the Town of Wappinger. Mr. Stevens: Mr. Fanuele: Mr. Stevens: ~ My business is landscaping and the materials associated with it. I would like to have a pool for display purposes in the rear of the property. Will you be using the same building for sales? Yes. The pool is already in and is set back 25 feet from the rear yard. Town of Wappinger Zoning Board of Appeals .......... Mr. Fanuele: Page 6 Minutes of November 28,2006 We will do a site visit on December 2, 2006 and we will set your public hearing for December 12,2006. Appeal No. 06-7333- Jeffrev Stram! - Seeking an area variance of Section 240-37 and Section 240-1 07B (2) (b) [2] of District Zoning Regulations for HB Zoning. - Where 2 acres are required, the applicant is proposing 1.78 acres to allow for a mix of commercial and multi-family housin2. thus reQuestin2 a variance of .22 acres. - Where a lot depth of 200 feet is required, the applicant is proposing a lot depth of 105 feet to allow for a pre-existin2 condition. thus reQUestin2 a variance of 95 feet. The property is located between Old State Road and Old Route 9 and is identified as Tax Grid No. 6157-02-580777/581803 in the Town of Wappinger. Present: Mr. Strang: ......... Mr. Fanuele: Mr. Strang: Mr. Fanuele: Mr. Strang: Christopher Michelle Jeffrey Strang Civil Technologies Owner We have two 2- family homes on this site now and we would like to knock them down and build 3 new buildings. There would be office space on the first floor and apartments on the second floor. Each buildings would have 3 apartments for a total of9 new apartments. We have been before the planning board for quite some time with several different alternatives. They now like this one and have now sent us to you. Are you restricted with main floor uses because of the parking? There will be two different parking lots with the rear being for the residents and the front used for the office space. The zoning here allows either retail or office space. So if we grant these variances, you go back before the PB? Yes. Mrs. Lukianoff: The PB has endorsed this plan. Mr. Fanuele: Mr. Strang: ~ Right now only the old residences are there. We will do a site visit on December 2, 2006 and we will set your public hearing for December 12, 2006. Thank you. Town of Wappinger Zoning Board of Appeals Page 7 Minutes of November 28, 2006 '- Ms. McEvoy-Riley: Mr. Warren: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM R.e ess~p~~ ully SUblll. r') 0a~~/U7. ;Barbara Roberti, Secretary / Secretary - Zoning Board of Appeals ~ '-"