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2004-08-10 ZONING BOARD OF APPEALS August 10, 2004 ~ Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: August 10, 2004 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for July 27,2004. Approve Site Minutes for July 31, 2004 Public Hearing: Appeal No. 04-7231 Jeanne Moseley -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 35 feet to allow for a 12 X 18 foot deck with steps. thus reQuestine a variance of 5 feet. The property is located on 9 Schnabl Court and is identified as Tax Grid No. 6258-03- 301169 in the Town of Wappinger. ~ Appeal No. 04-7232 Joseph & Jeannine Conforti -Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District. - Where a rear yard setback of 50 feet is required, the applicant is proposing a rear yard setback of 24 feet to allow for a 12 X 26 foot deck and a 12 X 20 foot screened in room. thus reQuestine a variance of 26 feet. The property is located on 17 Pine Ridee Drive and is identified as Tax Grid No. 6257- 04-971161 in the Town of Wappinger. Appeal No. 04-7233 Elaine Calabro -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 41 feet to allow for an 8 X 40 foot covered front porch. thus reQuestine a variance of 9 feet. The property is located on 25 Elizabeth Terrace and is identified as Tax Grid No. 6358- 03-340326 in the Town of Wappinger. '--' 1 ZONING BOARD OF APPEALS August 10, 2004 '-" Appeal No. 04-7234 Sheila Marino -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a rear yard setback of 50 feet is reauired, the applicant is proposing a rear yard setback of 48 feet to allow for a 8 X 6 foot deck. thus reauestin2 a variance of 2 feet. - Where a rear yard setback of 50 feet is reauired, the applicant is proposing a rear yard setback of 46 feet to allow for a 4 X 6 foot deck. thus reauestin2 a variance of 4 feet. The property is located on 130 Osborne Hill Road and is identified as Tax Grid No. 6156-02-511692 in the Town of Wappinger. Discussions: '-' Appeal No. 04-7236 R02er & 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 reauired, the applicant is proposing a side yard setback of 4 feet to allow for a 12X 32 foot detached 2ara2e with electric. thus reauestin2 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 reauired, the applicant is proposing a rear yard setback of 20 feet to allow for a 40 X 30 foot three car 2ara2e. thus reauestin2 a variance of 20 feet. The property is located on 276 All An2els 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 reauired, 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 reauestin2 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. '--' 2 ZONING BOARD OF APPEALS August 10, 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 Mvers Corners Road and is identified as Tax Grid No. 6157-02-899988 in the Town of Wappinger. "-' ..... 3 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of August 10, 2004 ~ MINUTES MINUTES /' i'/10VE:D Town of Wappinger Zoning Board of Appeals August 10, 2004 Summarized Minutes ~L; 2.~ lttl Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Fanuele, Mr. Warren, Mr. DellaCorte, Mr. diPierno, Mr. Prager, Chairman Member Member Member V ice-Chairman Others Present: Mr. Caviglia, Special Counsel Mrs. Lukianoff, Zoning Administrator Mrs. Gale, Acting Secretary SUMMARY ~ Public Hearin2: Jeanne Moseley -Variance granted. Joseph & Jeannine Conforti -Variance granted. Elaine Calabro -Variance granted. Sheila Marino - Variance granted. Discussion: Roger & Karon Perry -Public Hearing on August 24, 2004. John Goudie -Public Hearing on August 24, 2004. John Papo - Public Hearing on August 24, 2004. \...r Town of Wappinger Zoning Board of Appeals '-" Mr. Warren: Mr. diPiemo: Vote: Mr. Warren: Mr. diPiemo: Vote: Page 2 Minutes of August 10, 2004 Motion to approve Minutes for July 27,2004 as amended. Second the motion. All present voted aye. Motion to approve Site Minutes for July 31,2004. Second the motion. All present voted aye. Appeal No. 04-7231 Jeanne Moselev -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 35 feet to allow for a 12 X 18 foot deck with steps. thus reQuestin2: a variance of 5 feet. The property is located on 9 Schnabl Court and is identified as Tax Grid No. 6258-03- 301169 in the Town of Wappinger. ~ Mr. Prager: Mr. Warren: Vote: Mr. Fanuele: Mrs. Gale: Mr. Fanuele: Mr. Moseley: Mr. Fanuele: Mr. Moseley: Mr. Fanuele: '-" Mr. Prager: Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes they are in order. Swore in the applicant. We are going to replace our deck with a deck of the same size with steps off the rear which is what is causing the need for a variance. Who is in back of you? Myers Comers Elementary School. The baseball field is actually behind us. Is there anyone in the audience with a comment? Hearing none. Anyone on the board with a comment or question? I just want to say that we did have a site inspection of the property. Town of Wappinger Zoning Board of Appeals '-" Mr. diPierno: Mr. Prager: Vote: Mr. Prager: Mr. diPiemo: Vote: Mr. Prager: Mr. diPiemo: Vote: Mr. Prager: Mr. diPiemo: Vote: Page 3 Minutes of August 10, 2004 Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. I don't think it will be detrimental to any nearby properties, nor any undesirable change to the neighborhood and it is not substantial. Second the motion. All present voted aye. Motion to be Lead Agency. Second the motion. All present voted aye. Motion to declare a neg.dec. Second the motion. All present voted aye. Appeal No. 04-7232 Joseph & Jeannine Conforti -Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District. - Where a rear yard setback of 50 feet is reQuired, the applicant is proposing a rear yard setback of 24 feet to allow for a 12 X 26 foot deck and a 12 X 20 foot screened in room. thus reQuestinl! a variance of 26 feet. The property is located on 17 Pine Ridl!e Drive and is identified as Tax Grid No. 6257- 04-971161 in the Town of Wappinger. \.- Mr. Warren: Mr. diPiemo: Vote: Mr. Fanuele: Mrs. Gale: Mr. Fanuele: Mr. Conforti: Mr. Fanuele: Mr. Conforti: '-" Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes they are in order. Swore in the applicant. We want to tear down an existing deck and replace it and also extend it to wrap around the house. This will be going out the same distance? A little further. Town of Wappinger Zoning Board of Appeals '-" Mr. Fanuele: Mr. Prager: Mr. diPierno: Mr. Warren: Vote: Mr. Prager: Mr. diPiemo: Vote: Mr. diPierno: Mr. Warren: Vote: ~ Page 4 Minutes of August 10, 2004 Is there anyone in the audience with a comment? Hearing none. Anyone on the board with a comment or question? Just for the record we had a site inspection at this property. This doesn't seem too change to much in this neighborhood. Motion to close the public hearing. Second the motion. All present voted aye. Motion to be Lead Agency. Second the motion. All present voted aye. Motion to grant the variance. This will not really change the neighborhood or have an adverse effect on the environment and the deck was already there. Second the motion. All present voted aye. Appeal No. 04-7233 Elaine Calabro -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 reauired, the applicant is proposing a front yard setback of 41 feet to allow for an 8 X 40 foot covered front porch. thus reauestine a variance of 9 feet. The property is located on 25 Elizabeth Terrace and is identified as Tax Grid No. 6358- 03-340326 in the Town of Wappinger. Mr. Prager: Mr. Warren: Vote: Mr. Fanuele: Mrs. Gale: Mr. Fanuele: ~ Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes they are in order. Swore in the applicant. Town of Wappinger Zoning Board of Appeals '-' Mrs. Calabro: Mr. Fanuele: Mrs. Calabro: Mr. Fanuele: Mr. Prager: Mrs. Calabro: Mr. Prager: Mr. diPiemo: Vote: Mr. diPierno: \... Mr. Warren: Vote: Page 5 Minutes of August 10, 2004 Weare in the process of renovating the property and we have to replace the front and the siding and felt this was a good time to create extra space and put a front porch on. Will this be enclosed? No it will be open. Is there anyone in the audience with a comment? Hearing none. Anyone on the board with a comment or question? We also did a site inspection on this one and I believe you have a dumpster out in front. That will be taken away when you are done? It was supposed to be removed Monday by Royal Carting. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. This will not produce an undesirable change to the neighborhood. There is really no impact to the environment and the variance is small and this is self-created. Second the motion. All present voted aye. Appeal No. 04-7234 Sheila Marino -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a rear yard setback of 50 feet is required, the applicant is proposing a rear yard setback of 48 feet to allow for a 8 X 6 foot deck. thus reQuestin2: a variance of 2 feet. - Where a rear yard setback of 50 feet is required, the applicant is proposing a rear yard setback of 46 feet to allow for a 4 X 6 foot deck. thus reQuestin2: a variance of 4 feet. The property is located on 130 Osborne Hill Road and is identified as Tax Grid No. 6156-02-511692 in the Town of Wappinger. Mr. Prager: Mr. Warren: Vote: \. Motion to open the Public Hearing. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals '-" Mr. Fanuele: Mrs. Gale: Mr. Fanuele: Mrs. Marino: Mr. Fanuele: Mrs. Marino: Mr. Fanuele: Mr. Prager: Mr. diPierno: Mr. Warren: Vote: '-' Mr. Prager: Mr. Warren: Vote: Page 6 Minutes of August 10, 2004 Are the mailings in order? Yes they are in order. Swore in the applicant. I am looking to put two decks on the back of my home so I can get out the rear doors. We have been renovating it for quite a while. These decks will not exceed the back portion of your house. No they won't. Is there anyone in the audience with a comment? Hearing none. Anyone on the board with a comment or question? We also did a site inspection on this one too. These are very minimal variances. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variances. I don't think they will be detrimental to the neighborhood or environment. I don't see any other alternative method and they are not substantial. Second the motion. All present voted aye. Appeal No. 04-7236 R02er & 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 2ara2e with electric. thus reQUestin2 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. Mrs. Perry: '-" There is an existing garage already there, its an old aluminum one that has been there since we bought this in 1965. It sits within two feet of the line now. We have a water problem. Mr. Paggi, Mr. Bettina and Graham Foster have been out there to see it. They cannot solve it. We have 200 feet back that is under water % of the year. So we have no other place to put it but where the old one is Town of Wappinger Page 7 Zoning Board of Appeals Minutes of August 10, 2004 now. It will be 67 feet from the property line in the front where the stake is. '-' Mr. Warren: Mr. Perry: Mrs. Perry: Mr. Fanuele: Mr. Perry: Mr. Fanuele: Mr. Perry: Mr. Fanuele: Mr. Perrry: Mr. Fanuele: \... Mr. Prager: What are you going to store in it now? One car, a tractor and it gives me a little more leeway too. I have more pictures with me tonight. These show the water that we deal with Your pool and leach fields do not get flooded? No. But we have to be very careful. How old is this garage? From the 50's, the house is from the 40's. How close are you to the neighbors? Weare about 100 feet from the garage to their house. We will do a site inspection on August 21,2004 and your public hearing will be on August 24, 2004. Please make sure that the property is marked out where the new one will be. 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 reauired, the applicant is proposing a rear yard setback of 20 feet to allow for a 40 X 30 foot three car I!aral!e. thus reauestinl! a variance of 20 feet. The property is located on 276 All Anl!els Hill Road and is identified as Tax Grid No. 6257-02-870864 in the Town of Wappinger. Mr. Goudie: Mr. Fanuele: ~ This was on the file for a detached garage. Its on the side of my property where I have a wooded area which I cleared. It was originally intended to be built for two houses but there was a drainage problem. What's behind you? Town of Wappinger Zoning Board of Appeals '-' Mr. Goudie: Mr. Fanuele: Mr. Goudie: Mr. Dellacorte: Mr. Goudie: Mr. diPierno: Mr. Goudie: Mr. Fanuele: Mr. Goudie: Mr. Fanuele: '-' Mr. Goudie: Mr. Fanuele: Mr. Goudie: Mr. Prager: Mrs. Gale: Page 8 Minutes of August 10, 2004 I have neighbors behind me. How big is your property? About 1.34 acres. Do you have a garage inside the house? Yes a two car underneath the house now and I want an additional garage away from the house. So you will have garage space for 5 cars or are you removing the house ones? I am not removing the house one. How big is your driveway for this? About a 20 foot pad down to 12 feet to the driveway. We'll need to look at this on the 21 st of August. 1'd like to add that I bought the house about a year ago and it had a pre-existing shed on it. It will be about 10 feet away from the new garages. Does it have a permit? I think so. Michelle just check on that for us. Yes. 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 vard setback of 50 feet is reauired, the applicant is proposing a front vard setback of 40 feet to allow for an 11 X 6 and a 23 X 10 foot deck. thus reauestin2 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. ~ Town of Wappinger Zoning Board of Appeals '-" Mrs. Papo: Mr. Warren: Mr. Papo: Mr. Prager: Mr. Papo: Mr. Fanuele: ~ Mr. Prager: Mr. diPierno: Vote: Page 9 Minutes of August 10, 2004 Laura Papo. There was once a deck on the front but was removed a long time ago. We are trying to enhance the house with this. We were told we didn't need a permit for a platform and it turns out we did. Are there railings Yes. I question the 8 foot on the plot plan. Went up to show board the plot plan and explain the drawing. At this time Mr. Papo discussed up at the front with the board what he has done and what he wants to do. We will have a site visit on August 21, 2004 to look at this and your public hearing will be on August 24, 2004. Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 9:00 PM \. bara Roberti, Secretary Secretary - Zoning Board of Appeals