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2004-10-13 ZONING BOARD OF APPEALS October 13,2004 '-' Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: October 13, 2004 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for September 14,2004. Approve Site Minutes for October 2,2004. Adjourned Public Hearing: Appeal No. 04-7239 Scott & Susan Jordan -Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning District. - Where a side yard setback of 15 feet is required, the applicant is proposing a side yard setback of 11 feet to allow for a 16X 20 foot shed. thus requestine: a variance of 4 feet. - Where a rear yard setback of 30 feet is required, the applicant is proposing a rear yard setback of 11 feet to allow for a 16X 20 foot shed. thus requestine: a variance of 19 feet. The property is located on 15 Bowdoin Lane and is identified as Tax Grid No. 6057-02- 794561 in the Town of Wappinger. '-' Public Hearing: 04-7195 Don & Marv Ann Mesuda -Seeking to amend an area variance of Section 240-37 of District Regulations in an R-20j40 Zoning District. - Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 6 feet 8 inches to allow for a 12 X 24 foot shed. thus requestine: a variance of 13 feet 4 inches. The property is located on 2 Boxwood Close and is identified as Tax Grid No. 6356-01- 130945 in the Town of Wappinger. Discussions: 04-7245 Auto Elee:ance -Seeking an area variance of Section 240-70A of District Regulations in an HM Zoning District. - Where a minimum lot area of 2 acres is required, the applicant is proposing a lot size of .32 acres. thus reauestine: a variance of 1.68 acres. '-" 1 ZONING BOARD OF APPEALS October 13,2004 '-' -Seeking an area variance of Section 240-70C of District Regulations in an HM Zoning District. - Where the location of overhead doors shall not face any street, the applicant is proposing the doors on the existinl! buildinl! and the proposed buildinl! to stay. thus reQuestinl! a waiver on this variance. -Seeking an area variance of Section 240-70G of District Regulations in an HM Zoning District. -Where the location of a repair I!aral!e shall not be permitted within 200 feet of a place of worship, the applicant is proposing that the buildinl! already exits. thus reQuestinl! a waiver on this variance. -Seeking an area variance of Section 240-37 of District Regulations in an HM Zoning District. - Where the minimum of 75 feet to a state hil!hway is required, the applicant can provide 6.8 feet that currently exists, thus reQuestinl! a variance of 68.4 feet. The property is located on 3 Marlorville Road and is identified as Tax Grid No. 6157- 01-073649 in the Town of Wappinger. '-" ~ 2 ZONING BOARD OF APPEALS October 13, 2004 '-' Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: October 13, 2004 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for September 14, 2004. Approve Site Minutes for October 2, 2004. MINUTES APPROVED Adjourned Public Hearing: OCT :~ - 20K Appeal No. 04-7239 Scott & Susan Jordan -Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning District. -Where a side yard setback of 15 feet is required, the applicant is proposing a side yard setback of 11 feet to allow for a 16X 20 foot shed. thus reQUestin2 a variance of 4 feet. - Where a rear yard setback of 30 feet is required, the applicant is proposing a rear yard setback of 11 feet to allow for a 16X 20 foot shed. thus reQUestin2 a variance of 19 feet. The property is located on 15 Bowdoin Lane and is identified as Tax Grid No. 6057-02- 794561 in the Town of Wappinger. ~ Public Hearing: 04-7195 Don & Mary Ann Mesuda -Seeking to amend an area variance of Section 240-37 of District Regulations in an R-20j40 Zoning District. - Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 6 feet 8 inches to allow for a 12 X 24 foot shed. thus reQUestin2 a variance of 13 feet 4 inches. The property is located on 2 Boxwood Close and is identified as Tax Grid No. 6356-01- 130945 in the Town of Wappinger. Discussions: 04-7245 Auto Ele2ance -Seeking an area variance of Section 240-70A of District Regulations in an HM Zoning District. - Where a minimum lot area of 2 acres is required, the applicant is proposing a lot size of .32 acres. thus reQUestin2 a variance of 1.68 acres. '-" 1 Town of Wappinger Zoning Board of Appeals \...-. Mr. diPierno: Mr. DellaCorte: Vote: Mr. diPierno: Mr. DellaCorte: Vote: Page 2 Minutes of October 13,2004 Motion to approve Minutes for September 14, 2004. Second the motion. All present voted aye. Motion to approve Site Minutes for October 2, 2004 as amended. Second the motion. All present voted aye. Appeal No. 04-7239 Scott & Susan Jordan -Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning District. - Where a side yard setback of 15 feet is reQuired, the applicant is proposing a side yard setback of 11 feet to allow for a 16X 20 foot shed. thus reQuestin2: a variance of 4 feet. - Where a rear yard setback of 30 feet is reQuired, the applicant is proposing a rear yard setback of 11 feet to allow for a 16X 20 foot shed. thus reQuestin2: a variance of 19 feet. The property is located on 15 Bowdoin Lane and is identified as Tax Grid No. 6057-02- 794561 in the Town of Wappinger. '-" Mr. Warren: Mr. diPiemo: Vote: Mr. Fanuele: Mr. Fanuele: Mr. Caviglia: '-" Motion to open the adjourned public hearing. Second the motion. All present voted aye. Swore in the applicant. We have waited to get information as to whether we could grant you a variance. We understand that Central Hudson wants to give some type of license to allow you to keep your shed where it is but that you need the variance first. I had a conference on October 8, 2004 with Eugene Rizzo, counsel to Central Hudson regarding Mr. Jordan's case. Central Hudson does safety checks regarding the use of all their property. They have advised Mr. Jordan that they would license him the right to use that property provided that as a condition the town grant whatever approval is necessary for the intrusive structure. In this case I believe it is a shed. I see no hindrance to this board granting a variance and I am relying on an appellant division case called Gerston V Cullen where a similar issue came up in which the court in passing it made it clear that any private easement right would be something which would be an enforceable right only on the part of Town of Wappinger Zoning Board of Appeals ~ Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: Roll Call: Page 3 Minutes of October 13,2004 the easement owner and would have no bearing upon the actions in terms of prohibiting the board from granting the variance or encouraging it. In other words the board can act unilaterally without regard to the easement. So with that my recommendation is legally that the board can grant the variance. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance in light of what counsel has just advised. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. 04-7195 Don & Marv Ann Mesuda -Seeking to amend an area variance of Section 240-37 of District Regulations in an R- 20/40 Zoning District. - Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 6 feet 8 inches to allow for a 12 X 24 foot shed. thus reQuestin2 a variance of 13 feet 4 inches. The property is located on 2 Boxwood Close and is identified as Tax Grid No. 6356- 01-130945 in the Town of Wappinger. \r...- Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mrs. Mesuda: Mr. Fanuele: Mr. diPierno: Mr. Warren: Vote: '-' Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. We need to amend our previous variance due to an error in the measurement that we took at that time. Is there anyone in the audience with a comment or a question? Hearing none. Anyone on the board? (No.) Motion to close the public hearing. Second the motion. All present voted aye. \." \.... \...- .' Town of Wappinger Zoning Board of Appeals Page 4 Minutes of October 13,2004 Mr. diPierno: Motion to grant the variance. It will not have an impact on the neighborhood or environment. It is not substantial from the original variance and it is not detrimental to the neighborhood. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Mr. Warren: Roll Call: 04- 7245 Auto Elee:ance -Seeking an area variance of Section 240-70A of District Regulations in an HM Zoning District. - Where a minimum lot area of 2 acres is reauired, the applicant is proposing a lot size of .32 acres. thus reauestine: a variance of 1.68 acres. -Seeking an area variance of Section 240-70C of District Regulations in an HM Zoning District. - Where the location of overhead doors shall not face any street, the applicant is proposing the doors on the existine: buildine: and the proposed buildine: to stay. thus reauestine: a waiver on this variance. -Seeking an area variance of Section 240-70G of District Regulations in an HM Zoning District. - Where the location of a repair e:arae:e shall not be permitted within 200 feet of a place of worship, the applicant is proposing that the buildine: already exits. thus reauestine: a waiver on this variance. -Seeking an area variance of Section 240-37 of District Regulations in an HM Zoning District. - Where the minimum of 75 feet to a state hie:hwav is reauired, the applicant can provide 6.8 feet that currently exists, thus reauestine: a variance of 68.4 feet. The property is located on 3 Marlorville Road and is identified as Tax Grid No. 6157- 01-073649 in the Town of Wappinger. Present: Al Cappelli, Architect for the applicant. Mr. Cappelli: This is an existing building on the same parcel as a home which recently had a fire. The applicant wants to remove the house and replace it with an addition to be connected to the existing business. There are non-conforming issues and still will be but both to a lesser degree. It will be an 810 sq. ft. addition. These items are existing and pre-date zoning. Mr. Warren: If the fire hadn't occurred would he still be taking down the building? Town of Wappinger Zoning Board of Appeals ~ Mr. Cappelli: Mr. Warren: Mr. Cappelli: Mr. Warren: Mr. Cappelli: Mr. DellaCorte: Mr. Cappelli: Mr. diPiemo: Mr. Cappelli: \.. Mr. DellaCorte: Mr. Cappelli: Mr. Fanuele: Mr. Cappelli: Mr. Fanuele: Mr. DellaCorte: Vote: Page 5 Minutes of October 13,2004 Yes. Will the entrance and exit be? Still on Marlorville Road. We will be pushing the house back off of Route 9D and we will be having a 25 foot green space to the side yard and also adding landscaping to the front. What about signage? We haven't gotten that far but it may change. I understand the lot size cannot change but can you change having the doors in the front on 9D? The existing doors remain, they have too. They will be replaced but with doors that look residential. Where you are attaching the addition, will there be doors there? Yes but not on 9D. The building will be concrete block but the front will be made to look residential with siding. Will there be trees with the landscaping? Absolutely. We will set your public hearing for October 26,2004. We don't need a site visit. Thank you. Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8: 10 PM \...- R;1:::;;:@zu " Barbara Roberti, Secretary J Secretary - Zoning Board of Appeals