2004-11-23
ZONING BOARD OF APPEALS
November 23,2004
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Revised November 22, 2004.
Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: November 23, 2004
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve minutes for November 9, 2004
Approve Site Minutes for November 13, 2004.
Public Hearing:
Appeal No. 04-7248
Patrick & Susan McIntvre
-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 proposing a side yard
setback of 9.4 feet to allow for a 24 X 24 foot 2-car I!:aral!:e. thus reQuestinl!: a variance
of 10.6 feet.
The property is located on 3 Maxwell Place and is identified as Tax Grid No. 6257-02-
652508 in the Town of Wappinger.
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Town of Wappinger
Zoning Board of Appeals
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Page 1
Minutes of November 23,2004
MINUTES
MINUTES
APPROVED
f:E;c. ,4 2Q~4
Town of Wappinger
Zoning Board of Appeals
November 23, 2004
Summarized Minutes
Members Present:
Members Absent:
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Others Present:
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Mr. Fanuele,
Mr. Prager,
Mr. diPiemo,
Chairman
Vice-Chairman
Member
Mr. DellaCorte, Member
Mr. Warren, Member
Mr. Caviglia, Special Counsel
Mrs. Lukianoff, Zoning Administrator
Mrs. Roberti, Secretary
Public Hearioe::
SUMMARY
Patrick & Susan McIntyre - Variance Granted with conditions.
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Town of Wappinger
Zoning Board of Appeals
Mr. diPierno:
Mr. Prager:
Vote:
Mr. diPierno:
Mr. Prager:
Vote:
Page 2
Minutes of November 23,2004
Motion to approve Minutes for November 9, 2004.
Second the motion.
All present voted aye.
Motion to approve Site Minutes for November 13,2004.
Second the motion.
All present voted aye.
Appeal No. 04-7248
Patrick & Susan McIntvre
-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 proposing a side
yard setback of 9.4 feet to allow for a 24 X 24 foot 2-car i!arai!e. thus reauestini! a
variance of 10.6 feet.
The property is located on 3 Maxwell Place and is identified as Tax Grid No. 6257-02-
652508 in the Town of Wappinger.
Mr. Prager:
Mr. diPiemo:
Vote:
Mr. Prager:
Mrs. Roberti:
Mr. Fanuele:
Mr. McIntyre:
Mr. Fanuele:
Mr. Mcintyre:
Mr. Fanuele:
Motion to open the public hearing.
Second the motion.
All present voted aye.
Are the mailings in order?
Yes.
Swore in the applicant.
I am seeking a variance for an attached 2 car garage.
We did a site inspection at your property and we saw a shed in this
area. Will the shed remain there?
No. We will move that, I just don't know where yet.
We looked this over while we were out there. Is there anyone in the
audience who would like to make a comment for or against this?
Mr. Fanuele swore in Mr. Frenz.
Town of Wappinger
Zoning Board of Appeals
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Mr. Frenz:
Mr. Fanuele:
Mr. Frenz:
Mr. McIntyre:
Mr. Frenz:
Mr. Prager:
Mr. Frenz:
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Mr. Prager:
Mr. Frenz:
Mr. Fanuele:
Mr. Prager:
Mr. McIntyre:
Mr. Frenz:
Mr. McIntyre:
Mr. diPierno:
Mr. Prager:
Vote:
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Page 3
Minutes of November 23,2004
Joseph Frenz, 5 Maxwell Place. Do you have a plot plan or anything
else? I own the property to the right of his and my concern is that
this variance exceeds 50 % and the separation on this street is close.
This doesn't leave a lot of room between houses.
Visually it looked like it had more room than the regular setbacks. It
looked like it would be quite a distance to the next house.
My question is how many feet will remain after the garage is built to
the next house.
I have a picture here.
Visually this looks like it will be a distance of 48 feet after the
garage is built.
Please bring that up to us.
I want to feel comfortable that this will not be too close to the other
house.
It looks to me that the distance from this house here to the new
addition is a lot larger than this house on the other side.
That was my concern because separation affects value. I don't have
a problem now that I have seen this.
Anyone else in the audience? Hearing none. Anyone else on the
board?
We did do a site inspection and we were interested in the shed that
we saw and Mr. McIntyre has said that he will be moving that.
Yes and I will be checking with the building department as to
placement of it.
The exterior on the garage, will it be the same as the house?
Yes with vinyl.
Motion to close the public hearing.
Second the motion.
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
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Mr. Prager:
Mr. diPiemo:
Roll Call:
Mr. Prager:
Mr. Fanuele:
Vote:
Mr. Fanuele:
Mr. diPiemo:
Vote:
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Mr. diPierno:
Mr. Prager:
Vote:
Page 4
Minutes of November 23,2004
Motion to grant the variance. I don't feel this will be
detrimental to any nearby properties nor will it be undesirable.
This is self-created and there are alternative methods and it is a
little substantive at 53% but it won't cause any environmental
concerns. The only condition is that the shed must be moved the
proper distance from the garage.
Second the motion.
Mr. diPiemo: Aye.
Mr. Prager: Aye.
Mr. Fanuele: Aye.
I would like to motion to send a letter to the Town Board
recommending Mr. diPierno for another term.
Second the motion.
All present voted aye.
I would like to motion to have another letter sent to the Town
Board to re-appoint Howard Prager to a term starting in 2004.
Second the motion.
All present voted aye.
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 8:00 PM
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