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2004-08-24 ZONING BOARD OF APPEALS August 24, 2004 '-' Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: August 24, 2004 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for August 10, 2004. Approve Site Minutes for August 21, 2004. Public Hearing: Appeal No. 04-7236 Roeer & Karon Perry -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a side yard setback of 25 feet is required, the applicant is proposing a side yard setback of 4 feet to allow for a 12X 32 foot detached earaee with electric. thus requestine a variance of 21 feet. The property is located on 145 Osborne Hill Road and is identified as Tax Grid No. 6156-02-532667 in the Town of Wappinger. Appeal No. 04-7237 ~ John Goudie -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 20 feet to allow for a 40 X 30 foot three car earaee. thus requestine a variance of 20 feet. The property is located on 276 All Aneels Hill Road and is identified as Tax Grid No. 6257-02-870864 in the Town of Wappinger. Appeal No. 04-7238 John Papo -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a front yard setback of 50 feet is required, the applicant is proposing a front yard setback of 40 feet to allow for an 11 X 6 and a 23 X 10 foot deck. thus reQuestine a variance of 10 feet. The property is located at 24 Vandewater Drive and is identified as Tax Grid No. 6259- 04-755197 in the Town of Wappinger. ~ 1 ZONING BOARD OF APPEALS August 24, 2004 '-' Discussions: 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 reQuestinl! 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 reQuestinl! 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 reQuired, the applicant is proposing a side yard setback of 12.52 feet to allow for a 18 X 27.9 foot open deck. thus reQuestinl! 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. Appeal No. 04-7235 RJA Holdinl!. Inc. -Seeking an Interpretation following the determination ofthe 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. 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 I Minutes of August 24, 2004 '-' MINUTES Town of Wappinger Zoning Board of Appeals August 24, 2004 Summarized Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Fanuele, Mr. Warren, Mr. DellaCorte, Mr. diPierno, Chairman Member Member Member MINUTES .PPAO\'EO SEP 14 2.. Member Absent: Mr. Prager, Vice-Chairman Others Present: Mr. Caviglia, Special Counsel Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary Mr. Kolb, Building Inspector \..., SUMMARY Public HeariD!!: Roger & Karon Perry -Variance Granted John Goudie -Adjourned Public Hearing to October 26, 2004. John Papo - Variance Granted Discussion: Scott & Susan Jordan - Public Hearing on September 14, 2004. Michele & Andrew Eveland - Public Hearing on September 14, 2004. RJA Holding, Inc. -Public Hearing on September 28, 2004. Gasland Petroleum -Did not show for the meeting. \..., Page 2 Town of Wappinger Zoning Board of Appeals '-" Mr. Warren: Mr. diPierno: Vote: Mr. Warren: Mr. diPierno: Vote: Minutes of August 24, 2004 Motion to approve Minutes for August 10, 2004. Second the motion. All present voted aye. Motion to approve Site Minutes for August 21, 2004 as amended. Second the motion. All present voted aye. Appeal No. 04-7236 ROl!er & Karon Perry -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a side yard setback of 25 feet is required, the applicant is proposing a side yard setback of 4 feet to allow for a 12X 32 foot detached I!aral!e with electric. thus reQuestinl! a variance of 21 feet. The property is located on 145 Osborne Hill Road and is identified as Tax Grid No. 6156-02-532667 in the Town of Wappinger. "'-' Mr. diPierno: Mr. DellaCorte: Vote: Mr. Fanuele: Mrs. Roberti: Mr. Fanuele: Mrs. Perry: Mr. Fanuele: Mr. diPierno: Mr. Warren: Vote: '-' Motion to open the public hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. Swore in the applicant. We have an existing garage that we would like to replace. There is no where else to put it due to the wetlands on our property. We will be moving it over 2 feet where the one there is on the line practically. We did a site inspection and you are moving it closer to the house. Is there anyone in the audience with a comment? Hearing none. Is there anyone on the board with a comment or question? (No.) The garage is in bad condition and it seems to be the only place to put it. Motion to close the public hearing. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals '-' Mr. DellaCorte: Mr. diPiemo: Roll Call: Page 3 Minutes of August 24, 2004 Motion to grant the variance Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Appeal No. 04-7237 John Goudie -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 20 feet to allow for a 40 X 30 foot three car e:arae:e. thus reQuestine: a variance of 20 feet. The property is located on 276 All Ane:els Hill Road and is identified as Tax Grid No. 6257-02-870864 in the Town of Wappinger. Mr. diPierno: Mr. Warren: Vote: '--' Mr. Fanuele: Mrs. Roberti: Mr. Fanuele: Mr. Goudie: Mr. Fanuele: Mr. Goudie: Mr. Fanuele: Mr. Horan: \.r Motion to open the public hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. Swore in the applicant. I would like to put a 40 X 30 Detached garage on the side of my property. I want to put it back as far as possible. Are there any problems with your property? There is a drainage problem from water that comes from under the road that was supposed to be taken care of but wasn't. Is there anyone in the audience who wants to make a comment. Michael Horan, 6 Rich Drive. This was supposed to be taken care of six years ago. Drainage is a big problem and the water goes right into our properties. The board assured us that it would be taken care when the house was built. Town of Wappinger Zoning Board of Appeals '-' Mr. D'Aquino: Mr. Horan: Mr. D' Aquino: Mr. diPiemo: Mr. D'Aquino: Mr. DellaCorte: Mr. Horan: Mr. D'Aquino: ~ Mr. Warren: Mr. D' Aquino: Mr. Horan: Mr. D'Aquino: Mr. Fanuele: Mr. Horan: Mr. Fanuele: '-" Page 4 Minutes of August 24, 2004 Roger D'Aquino, 4 Rich Drive. It was on the DCHD map. There was supposed to be a swale put in and it was never done. The swale was to bring the water to another field. Joe Ruggiero and Graham Foster are well aware ofthis problem. Just this Saturday we had a big problem from all that rain. It made our back yards fill up with water and almost entered my home. The County culvert just ends at his property and should have been brought down the road. You have to take that up with the County. We have. But are you in favor of the garage or against it? The garage is just going to compound the issue. This lot was empty for 20 years because the culvert drained into an empty lot. When the house was built they raised the property up and now it drains past him into us. So are you in favor or not? I have no problem with the garage going in, in principle but before that gets approved I think we need to address the drainage problem. Take care ofthe drainage first. We can't really favor this until this is resolved because it could cause more of an impact. We were out there on Saturday and we have a feeling that there is a lot of land for you to move this forward and then you would not need a variance. The water is a separate issue and should not be a consequence of where you put the garage. We give a variance usually when something cannot fit onto your property. Would it still impact us. I don't know that. Town of Wappinger Zoning Board of Appeals '-' Mr. D' Aquino: Mr. diPierno: Mr. Goudie: Mr. Fanuele: Mr. DellaCorte: Mr. Goudie: Mr. Fanuele: Mr. diPierno: ~ Mr. Goudie: Mr. Fanuele: Mr. Goudie: Mr. Fanuele: Mr. Goudie: Mr. diPierno: Mr. Warren: Vote: ~ Page 5 Minutes of August 24, 2004 Could he build tomorrow without a variance? Yes, once he obtained a building permit. What if I do put the swale in with the construction of the garage? I also spoke to Graham and he said the problem would be solved with a swale. He doesn't think the County or Town would be doing anything about it. If you solve the water problem you can still put the garage in without a variance and we are sort of leaning in that direction. Looking at the stakes that you had out there, you have a lot of room to move it forward. The front two stakes were for the garage. Does anyone else have any comments? Hearing none. We should wait to see what you want to do. You could move the garage so that you don't need a variance or you could still request the variance. I would still like to request the variance because I want to get it back as far as I could. Also if I do put the swale in, the garage would have more room pushed back. I thought the swale is in the front? We feel you have enough room to move it forward. If I have to put a swale in do I have to re-apply for a variance? We could adjourn this public hearing, let you work on the problem and then you can come back or we could make our decision tonight. Can you adjourn it. Motion to adjourn the public hearing to October 26th, 2004. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals '--' Page 6 Minutes of August 24, 2004 Appeal No. 04-7238 John Papo -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a front yard setback of 50 feet is required, the applicant is proposing a front yard setback of 40 feet to allow for an 11 X 6 and a 23 X 10 foot deck. thus reQuestine a variance of 10 feet. The property is located at 24 Vandewater Drive and is identified as Tax Grid No. 6259- 04-755197 in the Town of Wappinger. Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mrs. Roberti: Mr. Fanuele: Mrs. Papo: '-" Mr. Fanuele: Mrs. Papo: Mr. Fanuele: Mr. diPierno: Mr. DellaCorte: Vote: Mr. diPierno: Mr. Warren: Roll Call: '--' Motion to open the public hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. Swore in the applicant. We would like to put in a front deck to make our front entryway more attractive. When was your house built? 1962 or so. We were out here for a site visit and the deck would be no closer to the road than the house. Is there anyone in the audience with a comment? Hearing none. Anyone on the board? (No.) Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. There are no other practical way to build this, there wouldn't be any environmental impacts and this won't be detrimental to any nearby properties. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Town of Wappinger Zoning Board of Appeals ,-,. Page 7 Minutes of August 24, 2004 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. Mr. Jordan: Mr. diPierno: ~ Mr. Jordan: Mr. Fanuele: Mr. Jordan: Mr. diPierno: Mr. Jordan: Mr. diPierno: Mr. Fanuele: Mr. Jordan: Mr. Kolb: "-" I purchased the house in 1992 and there was a shed in that location in very poor condition. In 1997 I took it down and rebuilt a larger shed than was there. I can't move it any further forward because there are power lines running through the yard and Central Hudson has an easement. At the time that I built it I was told that I only needed 10 feet. What is behind you? Deer Hill. I believe you can't put a structure in the ROW of the power lines. Central Hudson had the attorneys Rizzo and Kelly send me a letter stating that if the town gave me a permit or ok than I could leave it there. Can we see that letter? Brought the letter up to the board members. Please give this to our attorney. Do you have a CO for your pool? Yes the CO was issued in 1992. I have been talking with Central Hudson regarding their easements through residential property. We don't look at the easements, we only look at the building code and the zone they reside in. It's not our job to look at the easements, it's the homeowner's job to make Town of Wappinger Zoning Board of Appeals '-' Mr. Fanuele: Mr. Kolb: Mr. Fanuele: Mr. Kolb: Mr. Fanuele: Mr. Caviglia: Mr. Jordan: Mr. Caviglia: '-" Mr. Jordan: Mr. Fanuele: Mr. Caviglia: Mr. Jordan: Mr. Fanuele: Page 8 Minutes of August 24, 2004 sure he is not building on any easement. I talked with the attorney on the phone and he did say there is a lease agreement that they can arrange with these owners as long as they have the proper permits. Is this only for existing things or new also? Only existing structures that we have a record of in our building department. So if a new owner came in for building permit, you would issue one? Yes the onus is on the owner. What bothers me is if we grant this doesn't it open the loop? This document talks about a license not a lease. Both are terminable but one is easier. A license can be terminated tomorrow. I understand that. They want the option to maintain the lines but they have already replaced everything including the pole in my back yard. If you sold this house the license does not run with the land. It's personal to you. I understand it is my risk. Ifwe issue this can we issue it for only this shed and not future ones? If you're going to approve this you can make conditions. Almost every house on my block has sheds in easements. We'll set a public hearing for September 14,2004 and a site visit for August 28, 2004. 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 reauestine: 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. ~ Town of Wappinger Zoning Board of Appeals '-' Mrs. Eveland: Mr. Fanuele: Mr. Eveland: Mr. Warren: Mrs. Eveland: Mr. Fanuele: Page 9 Minutes of August 24, 2004 We would like to add a deck in our rear yard. Our bedroom deck is rotting and has carpenter ants and it is our only entrance to our rear yard. According to your plot plan the deck will not exceed the house? Correct. Will this have a roof? No, just railings. We'll have a site visit to your property on August 28, 2004 and your public hearing will be on September 14,2004. 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 I 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. '-' Present: Mr. Fanuele: Mr. Adams: ....... Jon Adams - Attorney Robert Macho - Applicant This was presented a while ago and we have a new sitting member so please give us a presentation for him and to refresh the other members. Mr. Adams handed out new information to the board at this time. Weare requesting an appeal for an interpretation from Mrs. Lukianoff on the former Hettinger parcel. Her position is that our client's use of the building for commercial purpose is not permitted. She feels it can only be used for a residential zone. My client is using the building for his business for his construction company. He has clients that come to review plans and to look at samples. In May of 2003 this board made a favorable decision for another retail and sales business. Went over the history of the building. The sole use of this building throughout its history has been for commercial uses. In 2003 my client purchased this building and immediately resumed use as a commercial property. We ask that the board consider the prior application that was before it and then consider this one. The Town of Wappinger Zoning Board of Appeals '-' Mr. Fanuele: Mr. Macho: Mr. Fanuele: Mr. Caviglia: Mr. Fanuele: Mr. Cantor: '\..,. Page 10 Minutes of August 24, 2004 opposition is the same property owner to the east side of the building. That property owner by their own counsel had a full opportunity to participate in the prior proceedings. So I believe given that circumstance you are entitled, should you so decide to consider all the testimony and all the submissions made as part of that prior proceeding. If you determine that the application is complete tonight I would ask that you set a public hearing on this appeal. We will need time to read all the new submissions. If the board has no questions for you tonight we could set a public hearing. How many employees do you have? I am the owner of this building and I have one employee there at most given times and sometimes a salesperson may also be there. My salesperson is out on the road 95 % of the time. We could set this for September 14, 2004. I will be away that week on vacation. Fine, then we will set your public hearing for September 28, 2004. The 28th of September will be fine. 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. Applicant did not attend the meeting. Mr. Fanuele: Mr. diPiemo: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 9:00 PM \.- J ar ara Roberti, Secre ary Secretary - Zoning Board of Appeals