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2004-09-14 ZONING BOARD OF APPEALS September 14, 2004 '-" Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: September 14, 2004 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for August 24, 2004. Approve Site Minutes for August 28, 2004. 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 reauired, the applicant is proposing a side yard setback of 11 feet to allow for a 16X 20 foot shed. thus reauestinl! 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 reauestinl! 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. '-' Appeal No. 04-7240 Michele & Andrew Eveland -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 12.52 feet to allow for a 18 X 27.9 foot open deck. thus reauestinl! a variance of 7.48 feet. The property is located on 12 Fox Hill Road and is identified as Tax Grid No. 6257-01- 403820 in the Town of Wappinger. Discussions: 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 10 feet to allow for a 12 X 24 foot shed. thus reauestinl! a variance of 10 feet. -Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 28 feet to allow for a 12 X 24 foot shed. thus reQuestinl! a variance of '-' 12 feet. 1 '-" ZONING BOARD OF APPEALS September 14, 2004 The property is located on 2 Boxwood Close and is identified as Tax Grid No. 6356-01- 130945 in the Town of Wappinger. 04-7242 Brian & Christine Tavlor -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 reauestiD!! 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 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 reauired, the applicant is proposing a rear yard setback of 8 feet to allow for a 12 X 18 foot deck. thus reauestine: 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. \..r 04-7243 Chelsea Ride: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 reauired, the applicant is proposing a front yard setback of 10 feet to allow for a freestandine: sie:n. thus reauestine: a variance of 15 feet. The property is located on 1-8 Chelsea Ride:e Mall and is identified as Tax Grid No. 6056-02-635539 in the Town of Wappinger. ~ 2 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of September 14, 2004 MINUTES MINUTES APPROVED ~ Town of Wappinger Zoning Board of Appeals September 14,2004 Summarized Minutes OCT 1 3 2114 Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Fanuele, Mr. Warren, Mr. Prager, Mr. diPierno, Chairman Member Vice-Chairman Member Member Absent: Mr. DellaCorte, Member Others Present: Mrs. Dao, Mrs. Roberti, Deputy Zoning Administrator Secretary '- SUMMARY Public Hearine: Scott & Susan Jordan - Adjourned Public Hearing on September 28, 2004. Michele & Andrew Eveland - Variance Granted. Discussion: Don & MaryAnn Mesuda -Site Visit September 18, 2004. Brian & Christine Taylor -Public Hearing on September 28, 2004. Thomas & Renata Wyskida - Public Hearing on September 28, 2004. ~ Page 2 Town of Wappinger Zoning Board of Appeals '-' Mr. Warren: Mr. diPiemo: Vote: Mr. Warren: Mr. diPiemo: Vote: Minutes of September 14, 2004 Motion to approve Minutes for August 24, 2004. Second the motion. All present voted aye. Motion to approve Site Minutes for August 28, 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 requestint! 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 requestint! 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. Prager: Mr. Warren: Vote: Mr. Fanuele: Mrs. Roberti: Mr. Jordan: Mr. Prager: Mr. Jordan: ~ Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. Are the mailings in order? Yes. I have a 16 X 20 foot tool shed and I have a small yard. If! move it, it would be under the power lines. Central Hudson says I am in their ROW. Is this the same size shed? I built the new one in 1997 when I was told by the town that my setbacks were 10 feet. Page 3 Town of Wappinger Zoning Board of Appeals \... Mr. Fanuele: Mr. Jordan: Mr. Fanuele: Mr. diPierno: Mr. Warren: Vote: Minutes of September 14, 2004 We had a question regarding the easement last meeting as to whether we can grant the variance, but our attorney is not here tonight to guide us. I thought that was settled the last time? I am under the understanding that we can't grant the variance so I think we should adjourn this so that the attorney can advise us. Motion to adjourn to September 28, 2004. Second the motion. All present voted aye. Appeal No. 04-7240 Michele & Andrew Eveland -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 12.52 feet to allow for an 18 X 27.9 foot open deck. thus reauestin2 a variance of 7.48 feet. The property is located on 12 Fox Hill Road and is identified as Tax Grid No. 6257-01- 403820 in the Town of Wappinger. ~ Mr. Prager: Mr. diPierno: Vote: Mr. Fanuele: Mr. Eveland: Mr. Fanuele: Mr. Prager: Mr. Eveland: Mr. Prager: Mr. diPierno: Vote: ~ Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. We want to remove the old deck and install a larger deck. It will not go past the side of the house. Does anyone in the audience have any comments? Hearing none. Will this be the same width as the house? Yes. Motion to close the public hearing. Second the motion. All present voted aye. Page 4 Town of Wappinger Zoning Board of Appeals ~ Mr. Prager: Mr. diPiemo: Roll Call: Minutes of September 14, 2004 Motion to grant the variance. This will not be detrimental to the neighborhood or the environment. It is not substantial but is self created. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. 03-7195 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 reauired, the applicant is proposing a side yard setback of 10 feet to allow for a 12 X 24 foot shed. thus reauestinl! a variance of 10 feet. - Where a rear yard setback of 40 feet is reauired, the applicant is proposing a rear yard setback of 28 feet to allow for a 12 X 24 foot shed. thus reauestinl! a variance of 12 feet. 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: Mrs. Mesuda: Mr. Fanuele: Mr. Mesuda: Mrs. Mesuda: Mr. Fanuele: Mr. Prager: Mr. Mesuda: '-" We acted on this a while back. The shed is installed and looking very good. We made an error in the measurements and we just need to amend the variance. The variance was granted from the property line. We didn't understand that we didn't own to the pavement. We have removed the fence and moved it in closer recently. We moved the fence in a lot. We gave you a 50 % variance on the shed to start with. We only give variances when the property is a problem but you have a lot of room. We rarely go over 50 % for a variance. How is the shed set? It's on stone with electric. In need to move it I will have to dig up the electric. Town of Wappinger Zoning Board of Appeals '-' Mrs. Mesuda: Mr. Fanuele: Mr. Prager: Mr. Mesuda: Mr. Prager: Mrs. Mesuda: Mr. Fanuele: Page 5 Minutes of September 14, 2004 It would be substantial to try and move this. It would be a 73 % variance. It would be almost like changing the code. We complied with all the instructions given to us. We really tried to follow all the rules. We even moved in the fence and we didn't have too. Now I would have to move the fence again, dig up the electric and then move the fence again. We understand but you have to understand our position too. Why didn't anyone from the town that came out notice we were too close to the road since there were stakes there? Let's go out and look at this again. We will set your site visit for September 18, 2004. 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. Taylor: Mr. Fanuele: Mr. Taylor: Mr. Fanuele: \.- I have a narrow rear yard and would like to construct my deck to 12 X 25 feet. I have 25 feet 1 inch at the closest point of my wall which is my setback. I have a stonewall in the rear of my house as my property line and then all woods behind me. How high will the deck be? Under 4 feet to the decking. We will schedule a site visit on September 18 and your public hearing will be September 28, 2004. Town of Wappinger Zoning Board of Appeals '-' Page 6 Minutes of September 14, 2004 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 reauired, the applicant is proposing a rear yard setback of 8 feet to allow for a 12 X 18 foot deck. thus reauestinf! 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. Wyskida: Mr. Prager: Mr. Fanuele: '-' Mr. Wyskida: Mr. Prager: Mr. Warren: Vote: I want to replace my 8 foot deck with a new deck. My home is only 20 feet from my rear yard. We want just another 4 feet from the original 8 feet deck. My yard is very wide but very shallow. This is an 80% variance. Stake out the deck you want to build and we will do a site visit on September 18, 2004. We will schedule your public hearing also on September 28, 2004. How long are you there? November will be two years. Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM '-' R. ..esp.. ectfully SUbmitted..2'.' .'-" A ' I .-//'~, ,d'~a~ ~7 /Barbara Roberti, Secretary I Secretary - Zoning Board of Appeals