Loading...
2004-09-28 ZONING BOARD OF APPEALS September 28, 2004 '--' Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: September 28, 2004 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve Site Minutes for September 18, 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: 04-7242 Brian & Christine Taylor -Seeking an area variance of Section 240-37 of District Regulations in an R-10 Zoning District. _ Where a rear yard setback of 25 feet is required, the applicant is proposing a rear yard setback of 13 feet to allow for a 12 X 25 foot deck. thus requestine a variance of 12 feet. The property is located on 5 Oneida Lane and is identified as Tax Grid No. 6157-03- 467432 in the Town of Wappinger. 04-7241 Thomas & Renata Wyskida -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 8 feet to allow for a 12 X 18 foot deck. thus requestine a variance of 32 feet. The property is located on 2 Rosewood Court and is identified as Tax Grid No. 6257- 01-047988 in the Town of Wappinger. '-' I ZONING BOARD OF APPEALS September 28, 2004 '-" Appeal No. 04-7235 RJA Holdinl!. Inc. -Seeking an Interpretation following the determination of the Zoning Administrator, dated May 28,2004 regarding Section 240-37 and Section 240-16 (c) 3 and its applicability to the proposed use as a commercial development / Real Estate office. The property is located on 51 Myers Corners Road and is identified as Tax Grid No. 6157-02-899988 in the Town of Wappinger. Discussions: 04-7243 03-7195 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 reQuestinl! 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. '-' Chelsea Ridl!e. LLC -Seeking an area variance of Section 240-29F.(2)(a) of District Regulations in an NB Zoning District. - Where a front yard setback of 25 feet is required, the applicant is proposing a front yard setback of 10 feet to allow for a freestandinl! sil!n. thus reQuestinl! a variance of 15 feet. The property is located on 1-8 Chelsea Ridl!e Mall and is identified as Tax Grid No. 6056-02-635539 in the Town of Wappinger. 04-7244 Frank & Elsa NicodemuslMid-Hudson Castle -Seeking an area variance of Section 240-29F.(2)(a) of District Regulations in an CC Zoning District. - Where a front yard setback of 25 feet is required, the applicant is proposing a front yard setback of 0 feet to allow for a freestandinl! sil!n. thus reQuestinl! a variance of 25 feet to allow the sil!n to be ulaced in the DOT ril!ht of way. The property is located on 1090 Route 376 and is identified as Tax Grid No. 6358-01- 296627 in the Town of Wappinger. 00-7068-04 Gasland Petroleum Co. - To revisit application of Real Holding Corp. The property is located on Route 9 & Old Hopewell Road and is identified as Tax Grid No. 6157-02- 610544 in the Town of Wappinger. '--' 2 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of September 28, 2004 ~ MINUTES Town of Wappinger Zoning Board of Appeals September 28, 2004 Summarized Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Fanuele, Mr. Warren, Mr. Prager, Mr. diPiemo, Chairman Member Vice-Chairman Member ~t Member Absent: Mr. DellaCorte, Member Others Present: Mr. Caviglia, Special Counsel Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary SUMMARY \..r Adiourned Public Hearine:: Scott & Susan Jordan - Adjourned Public Hearing on October 13, 2004. Public Hearine:: Brian & Christine Taylor -Variance Granted. Thomas & Renata Wyskida - Variance Granted. RJA Holding, Inc. -Adjourned Public Hearing to November 9,2004. Discussion: Don & MaryAnn Mesuda -Public Hearing on October 13, 2004. Chelsea Ridge, LLC -Public Hearing on October 26, 2004. Mid-Hudson Castle -Public Hearing on October 26,2004. \.,.. Town of Wappinger Zoning Board of Appeals '-" Mr. Warren: Mr. Prager: Vote: Page 2 Minutes of September 28, 2004 Motion to approve Site Minutes for September 18, 2004. 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 reauired, the applicant is proposing a side yard setback of 11 feet to allow for a 16X 20 foot shed. thus reauestiDl! a variance of 4 feet. - Where a rear yard setback of 30 feet is reauired, the applicant is proposing a rear yard setback of 11 feet to allow for a 16X 20 foot shed. thus reauestiDl! 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. diPierno: Mr. Warren: Vote: '-" Mr. Fanuele: Mr. Prager: Mr. diPierno: Vote: Motion to open the public hearing. Second the motion. All present voted aye. The applicant has asked that we adjourn to the next meeting. Motion to adjourn to October 13, 2004. Second the motion. All present voted aye. 04-7242 Brian & Christine Taylor -Seeking an area variance of Section 240-37 of District Regulations in an R-10 Zoning District. - Where a rear yard setback of 25 feet is reauired, the applicant is proposing a rear yard setback of 13 feet to allow for a 12 X 25 foot deck. thus reauestine: a variance of 12 feet. The property is located on 5 Oneida Lane and is identified as Tax Grid No. 6157-03- 467432 in the Town of Wappinger. Mr. Fanuele: Mr. Taylor: '-" Swore in the applicant. I would like to build a deck in the rear of my house and I require a 12 foot variance. My wall angles so I actually have more room than that. So I need the 12 foot only at one comer because the property angles. Town of Wappinger Zoning Board of Appeals '-" Mr. Prager: Mr. Taylor: Mr. Fanuele: Mr. Prager: Mr. Taylor: Mr. diPierno: Mr. Prager: Vote: Mr. Prager: Mr. diPiemo: Roll Call: '-' Page 3 Minutes of September 28, 2004 So you have more than 13 feet at the other side? Yes. At this time does anyone in the audience have a comment? Hearing none. We did a site inspection for the record. Can you go a little narrower? That would make it tight with deck furniture. I actually wanted it to be bigger. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. I don't believe this would be detrimental to nearby properties. It will not be undesirable since the lots in this neighborhood are small. It is self-created and it is substantial. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. 04-7241 Thomas & Renata Wvskida -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a rear yard setback of 40 feet is reQuired, the applicant is proposing a rear yard setback of 8 feet to allow for a 12 X 18 foot deck. thus reQuestine: a variance of 32 feet. The property is located on 2 Rosewood Court and is identified as Tax Grid No. 6257- 01-047988 in the Town of Wappinger. Mr. Prager: Mr. Warren: Vote: Mr. Fanuele: '-' Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. Town of Wappinger Zoning Board of Appeals '-' Mr. Wyskida: Mr. Fanuele: Mr. Wyskida: Mr. Fanuele: Mr. Prager: Mr. Fanuele: Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: ~ Mr. Warren: Roll Call: Page 4 Minutes of September 28, 2004 I am looking to replace my 8 X 12 foot with a 12 X 18 foot deck. My house is only 20 feet from the rear property line. The current zoning law says I need 40 feet in the rear and I have only 20 feet. We did a site inspection and your yard is wide but short to the rear. How much wider is the deck going to be? Just another 4 feet toward the rear and another 6 feet in width. Does anyone in the audience have a comment? Hearing none. This is an extremely large variance and I do realize the lot is very short. This is an irregular shaped lot and doesn't lend itself options. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. It will not produce an undesirable change to the neighborhood. It is very substantial but it won't affect the neighbors or the environment. Second the motion. Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. Appeal No. 04-7235 RJA Holdine:. Inc. -Seeking an Interpretation following the determination of the Zoning Administrator, dated May 28,2004 regarding Section 240-37 and Section 240-16 (c) 3 and its applicability to the proposed use as a commercial development / Real Estate office. The property is located on 51 Mvers Corners Road and is identified as Tax Grid No. 6157-02-899988 in the Town of Wappinger. Mr. Prager: Mr. diPierno: Vote: Mr. Fanuele: '-' Motion to open the public hearing. Second the motion. All present voted aye. The applicant could not be here and has asked for an adjournment to November 9, 2004. Town of Wappinger Zoning Board of Appeals '-' Mr. Prager: Mr. diPiemo: Vote: Page 5 Minutes of September 28, 2004 Motion to Adjourn the public hearing to November 9,2004. Second the motion. All present voted aye. 03-7195 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 reauired, the applicant is proposing a side yard setback of 6 feet 8 inches to allow for a 12 X 24 foot shed. thus reauestine: 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. Mr. Fanuele: Mr. diPiemo: Mrs. Mesuda: Mr. Prager: '-' Mrs. Lukianoff: Mr. Mesuda: Mrs. Lukianoff: Mr. Mesuda: Mrs. Lukianoff: Mr. Fanuele: Mrs. Mesuda: Mrs. Lukianoff: '--' We did a site inspection once again. There is a concrete wall behind this shed, why? It's a retaining wall to hold the mud back from the hill. Because there is a canopy and wall there, do they need a permit for this Tania? Up to 3 feet of roof may protrude without a permit. Anything more would need one. It's free standing. How big is it? It's 10 X 18.4 feet. It has no foundation. When I moved the fence back I had no room for my quads, so I store them in there with my boat. I was told that I didn't need a permit. At this time it doesn't need a permit but we are still waiting for impute from Albany regarding this. Is this temporary? Yes it is. We plan on taking this with us if we should leave. There are no footings or floor to this. The property variance is for the side yard. Town of Wappinger Zoning Board of Appeals Page 6 Minutes of September 28, 2004 '-' Mr. Prager: Mr. Caviglia can we just amend this variance? Mr. Caviglia: I think you will need a public hearing. Mr. Fanuele: I will set your public hearing for October 13, 2004. 04-7243 Chelsea Ridee. LLC -Seeking an area variance of Section 240-29F.(2)(a) of District Regulations in an NB Zoning District. - Where a front yard setback of 25 feet is reauired, the applicant is proposing a front yard setback of 10 feet to allow for a freestandine sien. thus reauestine a variance of 15 feet. The property is located on 1-8 Chelsea Ridee Mall and is identified as Tax Grid No. 6056-02-635539 in the Town of Wappinger. Mr. Lerry: I am working for Chelsea Ridge Mall, I own the sign company, Great American Signs. The sign itself will meet all the sign codes in terms of height and size. It will be double faced and internally illuminated. The property is slightly elevated and if we move this back 25 feet it would be in the parking lot area obstructing traffic. We will be putting it in next to the approved sign location. \... Mr. Fanuele: How far is this from the curb of the road? Mr. Lerry; From the curbing of the road it is about 10 feet. Mr. Fanue1e: This application should be sent to the NYSDOT. We will schedule your public hearing for October 26, 2004 and we will do a site visit on October 2, 2004. Put paint marks so that we can tell where this sign would be going. Mr. Lerry: Thank you. \... 04-7244 Frank & Elsa Nicodemus/Mid-Hudson Castle -Seeking an area variance of Section 240-29F.(2)(a) of District Regulations in a CC Zoning District. - Where a front yard setback of 25 feet is reauired, the applicant is proposing a front yard setback of 0 feet to allow for a freestandine sien. thus reauestine: a variance of 25 feet to allow the sie:n to be placed in the DOT rieht of way. The property is located on 1090 Route 376 and is identified as Tax Grid No. 6358-01- 296627 in the Town of Wappinger. Town of Wappinger Zoning Board of Appeals Page 7 Minutes of September 28, 2004 .'--' Mr. Fanuele: Is this sign going on your property or the NYSDOT? Mrs. Nicodemus: To speed up this process I would like to go to 0 feet on my land and not deal with the DOT. I'd like you to come out and see this. The building is set way back on the property. Mr. Fanuele: How far is it from your property to the pavement. Mrs. Nicodemus: About 40 feet. Mr. Fanuele: Your asking for a 0 setback and we will also need DOT comment on this. Mr. diPierno: Will this sign be illuminated? Mrs. Nicodemus: Yes, it will be double sided with lights from the ground shining up on it. We also will need a variance for the size of the sign since it will be 45 sq. ft. rather than the 25 sq. ft that is allowed in the code. Mr. Fanuele: We will change this to two variances and we will set your public hearing for October 26,2004 with a site visit for October 2,2004. \..,- Mrs. Nicodemus: Thank you. Mr. Cantarella: Carl Cantarella, 21 Bowdoin Lane. This is regarding my shed in the rear of my property for over 12 years. I received a letter from Central Hudson and they want me to sign it and have it notarized. I'm not sure what to do. Central Hudson had a deal with the builders back then. Mr. Fanuele: Basically it's their easement. You will need to call them to explain the letter. Mr. Cantarella: I did and didn't get anywhere. Mr. Fanuele: Then go to them in person or get an attorney. Mr. Cantarella: I can't afford one. '-" Town of Wappinger Zoning Board of Appeals Page 8 Minutes of September 28, 2004 '-' Mr. Caviglia: I'm informing you that you can go to Mid-Hudson Legal for free advice. Mr. Prager: Mr. diPiemo: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM Respectfully Submitted, Barbara Roberti, Secretary Secretary - Zoning Board of Appeals \..- '-'