2006-12-12
ZONING BOARD OF APPEALS
December 12,2006
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Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: December 12, 2006
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve site minutes for November 18, 2006.
Approve site minutes for December 2, 2006.
Adjourned 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 proposine a front yard setback of 30 feet. to
allow for a 20' X 20' attached two-car garage, thus reQuestine 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.
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Appeal No. 06-7332
Tech Air Site Plan - Seeking area variances of Section 240-37 for requests lA throueh 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.
2B- Where a lot width of 150 feet is required, the applicant is proposing a lot width of 87 feet for a pre--existine
condition. thus reQuestine a variance of 63 feet.
3C- Where a front yard setback of 50 feet is required alonl! Smith town Road, the applicant is proposing a front yard
setback of 5 feet for the corner of the proposed buildine 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 includine offices and storal!e. the applicant is
proposing 11 vehicle spaces includinl! 1 Handicap Space, thus reQuestine a variance of 10 parkine 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.
(Applicant is askinf! for an adiournment to Januarv 9. 2007 )
Public Hearing:
Appeal No. 06-7327
Dutchess Landscapine Supply- 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 proposinl! 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.
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Appeal No. 06-7333-
Jeffrey Strane - 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 housine. thus reQuestinl! 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--
existine condition. thus requestinl! 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.
Town of Wappinger
Zoning Board of Appeals
MINUTES
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Town of Wappinger
Zoning Board of Appeals
December 12,2006
Summarized Minutes
Members:
Mr. Fanuele,
Mr. Prager,
Mr. DellaCorte,
Members Absent:
Ms. McEvoy-Riley
Mr. Warren,
Others Present:
Mrs. Lukianoff,
Mrs. Gale,
Mr. Caviglia
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Page I
Minutes of December 12, 2006
[Q)~~~l
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Vice-Chairman
Member
Member
Member
Zoning Administrator
Acting Secretary
Special Counsel
SUMMARY
Adiourned Public Hearine:s:
Dominick Pisanello
Tech Air Site Plan
Public Hearine:s:
Dutchess Landscaping
Jeffrey Strang
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-Variance denied.
-Adjourned Public Hearing on January 9,
2007.
- Variance granted with a condition.
-Public Hearing on January 9, 2007.
Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of December 12, 2006
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Appeal No. 06-7330
Dominick & Krisana Pis anello- 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 proposine: a front
yard setback of 30 feet, to allow for a 20' X 20' attached two-car garage, thus
reQuestine: 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:
Motion to open the adjourned public hearing.
Second the motion.
All present voted aye.
Mr. Fanuele:
Is there anyone in the audience that would like to make any additional
comments? Hearing none.
Mr. Prager:
I missed the last meeting so if you could just explain what you want to
do. I went down there today.
Mr. Pisanello:
I would like to put in a garage to protect my cars.
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Mr. Prager: Looking at this picture will the garage be out to here?
Mr. Pisanello: Yes.
Mr. Prager: I did see we received a document from the DC Planning office but we
have not yet heard from the DOT.
Mr. Fanuele: It was sent out quite a while ago. I would like to adjourn the PH and
wait for an answer. Where you planning on building this soon?
Mr. Pisanello: I was hoping to have it almost done for the winter.
Mr. Fanuele: The problem we have is the same as last time which is that we don't
have a full board and I really don't like to vote with only three
members because if one votes no you lose everything. If you're going
to lose everything I would rather have the whole board here.
Mr. Fanuele: I make a motion we adjourn this PH to January ih, 2007.
Mr. Caviglia: Is that with the applicant's consent?
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Page 3
Town of Wappinger
Zoning Board of Appeals
Minutes of December 12, 2006
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Mrs. Pisanello: No, it's taking too long and what happens if we come on the ih and
you're not all here again.
Mr. Pisanello:
Mrs. Pisanello:
Mr. Prager:
Mr. DellaCorte:
Roll Call:
Mr. Prager:
Mr. DellaCorte:
Roll Call:
Mr. Fanuele:
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Then you'll want to postpone it again.
If you're going to say no just say it now.
I'll make a motion we close the public hearing.
I'll second the motion.
Mr. DellaCorte: Aye.
Mr. Prager: Aye.
Mr. Fanuele: Aye.
I'll make a motion that we grant the variance.
Second the motion.
Mr. DellaCorte: Aye.
Mr. Prager: Aye.
Mr. Fanuele: Nay. I did not hear back from the DOT and I
believe it is too close to Route 9D to put a garage that you are going to
back out of, you will almost be on the roadway.
We needed a yes from everyone for this to carry and it failed 2 to 1.
Mrs. Pisanello: Can I ask why?
Mr. Prager:
Mr. Fanuele:
Unfortunate the vote has been taken.
I wanted to wait for the DOT to answer us and you wanted to have a
vote and the vote went down. That is one of the reasons I wanted to
wait because I knew it wouldn't pass and I wanted to have a full board.
Appeal No. 06-7332
Tech Air Site Plan - Seeking area variances of Section 240-37 for requests 1A throue:h
5E and Section 240-97 for variance 6F of District Zoning Regulations for HO (Highway
Office) Zoning.
1A- 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.
2B. Where a lot width of 150 feet is required, the applicant is proposing a lot width of
87 feet for a pre-existine: condition. thus reQuestine: a variance of 63 feet.
3C- Where a front yard setback of 50 feet is required alone: Smithtown Road, the
applicant is proposing a front yard setback of 5 feet for the corner of the proposed
buildine: from the property line. thus reQuestine: 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 reQuestine: a variance of35 feet. The
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Page 4
Town of Wappinger
Zoning Board of Appeals
Minutes of December 12, 2006
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 buildine: from the property line. thus
reQuestine: a variance of 5 feet.
6F- Where 21 parkine: spaces are required for retail business includine: offices and
storae:e. the applicant is proposing 11 vehicle spaces includine: 1 Handicap Space, thus
reQuestine: a variance of 10 parkine: 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.
""
Mr. Fanuele:
Mr. DellaCorte:
Vote:
I believe they are asking for a postponement to January 9t\ 2007.
So I'll make a motion to adjourn the APH to January 9, 2007.
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. Prager:
Mrs. Gale:
Michelle are all the mailings in order?
Yes they are.
Mr. Prager: I'll make a motion to open the public hearing.
Mr. DellaCorte: I'll second the motion.
V ote: All present voted aye.
Mr. Stevens:
Mr. Fanuele:
Mr. Prager:
Mr. Stevens:
.......
My business is landscaping and the materials associated with it. We
want to sell pre-manufactured pools and we need one for display so
people can see what they look like.
We did a site inspection on this.
I went out today and what else is back there?
A patio area which is a different display area and the pool is inside the
fenced in area.
Page 5
Town of Wappinger
Zoning Board of Appeals
Mr. Fanuele:
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Mr. Kocam:
Mr. Fanuele:
Mr. Kocam:
Mr. Fanuele:
Mr. Kocam:
Minutes of December 12, 2006
Is there anyone in the audience with a comment?
George Kocam, 13 Hackensack Hgts. Road. The pool is in already.
Aren't you supposed to get the variance before it goes in?
You can get some variances after the fact and that doesn't mean that it
can't be denied or we can put conditions on it.
It says for display purposes only and he is using it as a residence. He
has parties during the summer and we hear them until 12 :00 at night
with their barbeques, splashing and swimming. We see people down
there so if it is for display purposes only then that is what it should be.
So if it just used for display purposes only then you have no objection?
No.
Mr. DellaCorte: Are you right behind him?
Mr. Kocam:
Mr. Prager:
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Mr. Stevens:
Mr. Kocam:
Mr. Fanuele:
Yes.
How was the pool built without a permit?
We didn't know that we needed one. We have built all the displays
without one.
You have so much room in the front, why didn't it go in there?
We can minimize that by having him put in some trees for screening
and a condition that there is no swimming and that it is for display only.
Mr. Prager: Motion to close the public hearing.
Mr. DellaCorte: So moved
V ote: All present voted aye.
Mr. Fanuele:
Mr. Prager:
Roll Call:
........
Mr. Caviglia:
I'll make a motion that we grant the variance with the following
conditions. That he landscape behind the fence to muffle the noise
and block the neighbors from seeing it. Also that the pool be used
for display purposes only.
Second the motion.
Mr. DellaCorte: Aye.
Mr. Prager: Aye.
Mr. Fanuele: Aye.
Please be more specific on the screening regarding height.
Page 6
Town of Wappinger
Zoning Board of Appeals
Mr. Fanuele:
~
Mr. Stevens:
Mr. Prager:
Mr. Fanuele:
Mr. Kocam:
Mr. Fanuele:
Minutes of December 12, 2006
He's in the landscape business so at least the height ofthe fence.
You were out there and the pool is set down hill from his residence so
there is no way he can see the pool from his house. It's impossible.
You're right. Just the width of the pool.
Mr. Kocam, is the view a problem?
No.
Then forget the screening and just the condition for display purposes
only.
Appeal No. 06-7333-
Jeffrev Stran2 - 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-familv 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.
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Present:
Mr. Prager:
Mrs. Gale:
Mr. Prager:
Mr. DellaCorte:
Vote:
Mr. Ninnie:
Mr. Fanuele:
..........
Eugene Ninnie
Jeffrey Strang
Civil Technologies
Owner
Michelle are all the mailings in order?
No they are not. They need to be republished and re-send for the next
meeting.
I'll make a motion to postpone the public hearing to January 9th,
2007.
I'll second the motion.
All present voted aye.
Can we at least have a workshop meeting.
Yes.
Page 7
Town of Wappinger
Zoning Board of Appeals
Mr. Ninnie:
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Mr. Fanuele:
Mr. Ninnie:
Mr. Fanuele:
Mr. Prager:
Mr. Ninnie:
Mr. Fanuele:
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Mr. Ninnie:
Mr. Prager:
Mr. Caviglia:
Mr. Fanuele:
Mr. Warren:
Vote:
Minutes of December 12, 2006
I am the engineer for the documents before you and I just want to go
through these variances. This project is before the PB and has been
ongoing for a number of years. This is the size and the scope of the
project and this is a mixed use, retail bottom floor and residential on the
top floor of each building. Proceeded to go over the project for the
ZBA members.
On the two side ends, we would like to see them cleaned up.
It's interesting that you bring that up because since we are before the
PB they are going to want that landscaped. There are some existing
trees in here but we will further clean it up and landscape it.
Good.
Is there a stream in there?
There is a stream in the far southern tip at the very end. Let me show
you the new maps. The board members proceeded to look over new
maps.
Ok so we will see you on January 9th, 2007 for your public hearing.
Thank you.
We received a letter from John Sarcone regarding Brian Moody, is that
anything that we have to discuss right now?
I am taking care of that. It is for settlement purposes.
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 8:00 PM
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