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2004-07-27 ZONING BOARD OF APPEALS July 27, 2004 \.,.- Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: July 27, 2004 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for June 22, 2004. Approve minutes for July 13, 2004. Approve Site Minutes for July 17, 2004. Adjourned Public Hearing: Appeal No. 04-7228 Marl!aret Norris -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 5 feet to allow for a 20 X 40 foot ini!round pool. thus reauestini! a variance of 35 feet. The property is located on 181 Widmer Road and is identified as Tax Grid No. 6258-01- 326805 in the Town of Wappinger. ~ Public Hearing: Appeal No. 04-7229 Arthur & Donna Glvnn -Seeking an area variance of Section 240-37 of District Regulations in an R-80 Zoning District. -Where the code states...in no case shall Accessorv Structures be permitted in the front yard the applicant requests a variance for a three car garage in the front yard in the size of29'6" X 24'6". The property is located on 307 River Road North and is identified as Tax Grid No. 6057-04-507027 in the Town of Wappinger. \. Appeal No. 04-7230 Christopher & Yasmine Slaui!hter -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where the code states...in no case shall Accessorv Structures be permitted in the front yard the applicant requests a variance to construct a single family residence further back than the accessory structure, thus making the location of said accessory structure entirely in the designated front yard. The property is located at 180 Widmer Road and is identified as Tax Grid No. 6258-01- 325728 in the Town of Wappinger. I ZONING BOARD OF APPEALS July 27,2004 '-" Discussions: Appeal No. 04-7220 Tracy Martin To vote on granting the area variance. The public hearing was closed on June 22, 2004. - Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 32 feet to allow for a 16 X 20 foot shed. thus reQuestini! a variance of 8 feet. The property is located on 6 Russet Lane and is identified as Tax Grid No. 6258-04- 539152 in the Town of Wappinger. 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 reQuestini! 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 reQuestini! a variance of 26 feet. The property is located on 17 Pine Ridi!e 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 reQuestini! 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. '-' 2 ZONING BOARD OF APPEALS July 27,2004 '-' 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 required, the applicant is proposing a rear yard setback of 48 feet to allow for a 8 X 6 foot deck. thus reQuestine: 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 reQuestine: 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. '-' '-' 3 Town of Wappinger Zoning Board of Appeals '-' Town of Wappinger Zoning Board of Appeals July 27, 2004 Summarized Minutes Members Present: Mr. Fanuele, Mr. Warren, Mr. DellaCorte, Mr. diPiemo, Mr. Prager, Others Present: MINUTES Page 1 I.' 'PROVED _to lfitinutes of July 27,2004 MINUTES Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Member Member Member Vice-Chairman Mr. Caviglia, Special Counsel Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary '- SUMMARY Adiourned Public Hearin2:: Margaret Norris Public Hearin2:: Arthur & Donna Glynn Christopher Slaughter Discussion: Tracy Martin Jeanne Moseley Jos. & Jeannine Conforti Elaine Calabro ~ Sheila Marino -Granted variances with conditions. - Variance granted. -Variance granted. -Variance granted with conditions. -Public Hearing on August 10, 2004. - Public Hearing on August 10, 2004. - Public Hearing on August 10, 2004. - Public Hearing on August 10, 2004. Town of Wappinger Zoning Board of Appeals '-' Mr. Warren: Mr. diPierno: Vote: Mr. Warren: Mr. diPierno: Vote: Mr. Warren: Mr. diPierno: Vote: Page 2 Minutes of July 27, 2004 Motion to approve Minutes for June 22, 2004. Second the motion. All present voted aye. Motion to approve Minutes for July 13, 2004. Second the motion. All present voted aye. Motion to approve Site Minutes for July 17, 2004. Second the motion. All present voted aye. Appeal No. 04-7228 Marearet Norris -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 12 'l2 feet to allow for a 20 X 40 foot ineround pool. thus reQuestine: a variance of 27 'l2 feet. The property is located on 181 Widmer Road and is identified as Tax Grid No. 6258- 01-326805 in the Town of Wappinger. ......... Mr. Prager: Mr. diPierno: Vote: Mr. Fanuele: Mr. diPierno: Mr. Fanuele: Mr. Fortiatis: '-' Motion to open the Adjourned Public Hearing. Second the motion. All present voted aye. At the last meeting the Norris's were here and we spoke to them about relocating their pool which has now altered the setbacks needed. So before we go further is there anyone in the audience with a comment or question? The issue is on the drainage. Swore in Mr. Fortiatis. George Fortiatis, Installer for A to Z Pools. We have relocated the pool so that they are now 12 Y2 feet off the rear and 15 feet off the side of the property. Town of Wappinger Zoning Board of Appeals '-' Mr. Norris: Mr. Fanuele: Mr. diPiemo: Mr. Geiwat: Mr. diPiemo: Mr. Fanuele: Mr. Geiwat: Mr. Fanuele: '-" Mr. Geiwat: Mr. Fanuele: Mr. Geiwat: Mr. Prager: Mr. Geiwat: Mr. Fanuele: Mr. Geiwat: ~ Page 3 Minutes of July 27, 2004 It will now drain to the side of the street and come down to the front of my yard where it slopes to the front and into a storm drain. This will now keep it from draining anywhere near my neighbor. Mr. Geiwat do you have any questions? He is changing the drainage away from you and toward the other side of his property. Is that acceptable to you? As long as it meets your approval. I guess it will have to do even though you did ask for engineered plans last time. That's not true, if you have a problem now is the time to say it. Swore in Mr. Geiwat at this time. I live at 179 Widmer Road and am wondering just what the purpose of a setback is ifhe can change it. It is for the distance between the neighbors but sometimes the property does not lend itself to strictly apply to the setback. So we look at the particular property and what they want to put in and see if they should have leeway to the setback and give them relief. So basically what you're saying is that there really is no reason for having setbacks. Of course there are reasons. He can't put the pool anywhere else so we are here to look at a compromise for him. I thought variances were to elevate existing problems and not for new ones to be created. Hopefully they are not going to create problems. We have been here 6 years and we had a new survey done. Hopefully the stake is in the right spot since it was moved and knocked down and I put it back where I believe it belongs according to my map. The side yard variance to your property is only 5 feet to you. Well for right now because we don't really have any back yard living space because it's the tenant's domain right now, we have a 2- Town of Wappinger Zoning Board of Appeals '-" Mr. Fanuele: Mr. Norris: Mrs. Norris: Mr. Fanuele: Mr. Prager: Mr. diPiemo: Vote: Mr. Prager: '-' Mr. diPiemo: Roll Call: Page 4 Minutes of July 27,2004 family house. Originally we were planning on putting a patio and a back deck on the house and utilizing our back yard more. Once he gets the pool in they will be putting up a fence. We will be putting up a wall and it will be 70 feet long and it will slope toward me. Weare also putting up a 6 foot high stockade fence on that wall. We are just waiting for all the variances and permits to come together. Is there anyone else with a comment? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. I make a motion that we grant the following variances of 5 feet to the side and 27 Y2 feet to the rear with the following conditions: 1. That all drainage from the pool goes to the front yard. 2. That they grade away from their neighbor so that no drainage goes toward Mr. Geiwat's property. 3. That they install a 6 foot high stockade fence along the property line. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Appeal No. 04-7229 Arthur & Donna Glvnn -Seeking an area variance of Section 240-37 of District Regulations in an R-80 Zoning District. -Where the code states...in no case shall Accessory Structures be permitted in the front yard the applicant requests a variance for a three car garage in the front yard in the size of29'6" X 24'6". The property is located on 307 River Road North and is identified as Tax Grid No. 6057-04-507027 in the Town of Wappinger. Mr. Prager: Mr. diPiemo: Vote: ~ Motion to open the Public Hearing. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals '-"' Mr. Fanuele: Mrs. Roberti: Mr. Fanuele: Mr. Glynn: Mr. Fanuele: Mr. Prager: Mr. Glynn: Mr. Fanuele: '-' Mr. Prager: Mr. diPiemo: Vote: Mr. Prager: Mr. Warren: Vote: Mr. Prager: Mr. diPiemo: Roll Call: ."-' Page 5 Minutes of July 27,2004 Are the mailings in order? Yes. Swore in the applicant. I am asking for a variance for the shed that has been on my property for about 20 years. Your property is quite large and unique. We did a site inspection and you can't see it from the road. The one thing I noticed was that you have an old fence and cars there? The fence is coming down and the cars will be removed. Is there anyone in the audience with a comment? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Motion to declare Lead Agency. Second the motion. All present voted aye. Motion to grant the variance with the condition that the fence be removed as well as the cars. The property is unique and will not be detrimental to the neighborhood. There really is no alternative and it is not substantial. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Town of Wappinger Zoning Board of Appeals '-" Page 6 Minutes of July 27,2004 Appeal No. 04-7230 Christopher & Yasmine Slaue:hter -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where the code states...in no case shall Accessory Structures be permitted in the front yard the applicant requests a variance to construct a single family residence further back than the accessory structure, thus making the location of said accessory structure entirely in the designated front yard. The property is located at 180 Widmer Road and is identified as Tax Grid No. 6258-01- 325728 in the Town of Wappinger. Mr. Prager: Mr. diPiemo: Vote: Mr. Fanuele: Mrs. Roberti: Mr. Fanuele: '-" Mr. Slaughter: Mr. Prager: Mr. Slaughter: Mr. Prager: Mr. Slaughter: Mr. Fanuele: Mr. Prager: Mr. diPiemo: 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 would like to build a house to the right of the barn. The barn would be about 20 feet further to the front than the house. Why is the house toward the rear and not the front? The hill is going to be scraped out and we need to stay 100 feet away from the wetland and keep that 100 feet as a buffer and we wanted a little bit of a front yard. That makes sense and you have a very large piece of property that is also unique. That bam is rather large. Are you going to use that as a shop? As a garage for cars and tractors and maybe someday animals. Is there anyone in the audience with a comment? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Page 7 Town of Wappinger Zoning Board of Appeals '-' Mr. Prager: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: Roll Call: Minutes of July 27, 2004 Motion to declare Lead Agency. Second the motion. All present voted aye. Motion to grant the variance. The location of the house and barn does not detract from the neighborhood. There will be no impact and it is not substantial. Second the motion. Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Prager: Aye. Mr. DellaCorte: Aye. Mr. Fanue1e: Aye. Appeal No. 04-7220 Tracy Martin To vote on granting the area variance. The public hearing was closed on June 22, 2004. - Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 32 feet to allow for a 16 X 20 foot shed. thus reQuestin!! a variance of 8 feet. The property is located on 6 Russet Lane and is identified as Tax Grid No. 6258-04- 539152 in the Town of Wappinger. '-' Mr. Fanue1e: Roll Call: ~ This public hearing was closed on June 24,2004. Are there any comments tonight from the board? Hearing none. We were waiting for the court proceedings to be finished. We will vote on our decision tonight. This matter having come before us for a public hearing which closed on June 22, 2004, after testimony was given by the applicant, Tracy Martin and Renato Pisto1esi, concerning a variance sought for the following relief: A variance for a rear yard setback of eight feet for the construction of a 16 X 20 foot shed; and this board having inspected the premises; and the following votes having been cast: Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Prager: Aye. Mr. DellaCorte: Aye. Mr. Fanue1e: Aye. The variance is hereby granted subject to the following conditions which must be satisfied within 40 days of this date: Page 8 Town of Wappinger Zoning Board of Appeals '-' Mr. Fanuele: Mr. Prager: Roll Call: Minutes of July 27,2004 1. With regard to the front landing of the house, which was altered, the building inspector must inspect the alterations and find that they comply with any applicable state and local codes; and 2. With regard to the two outstanding Town of Wappinger building ordinance violations upon which the applicant has been found guilty, and consistent with section 240-12 of the Town Code, she must satisfy any sentence imposed by the Town of Wappinger Justice Court within the prescribed period. I motion to move this resolution to grant the variance with the stated conditions. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. 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. ~ Mrs. Moseley: Mr. Prager: Mrs. Lukianoff: Mr. Fanuele: Mr. Moseley: ~ We have a 12 X 16 foot deck right now and we want to replace it with a new deck that will be slightly larger with two steps. We measured it out and Mrs. Lukianoff said we have 38 feet so the steps will create the need for the variance. Where did you get the measurements from? The survey map. Who's behind you? Myers Comers Elementary about 150 yards away. Town of Wappinger Zoning Board of Appeals '-' Mr. Fanuele: Page 9 Minutes of July 27,2004 We will do a site inspection on July 31,2004 and you're public hearing will be on August 10, 2004. 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. Mrs. Conforti: Mr. Fanuele: Mr. Conforti: '-' Mr. diPiemo: Mr. Conforti: Mr. Prager: Mr. Fanuele: We want to put a screened in porch on our house. We do not have much rear or front yard but a lot to both sides. So you are just extending? Yes. We currently have a 12 X 21 foot deck on the side and we want to wrap it around to the back. What's behind you? Just houses but they are set away from us. We should take a look at this. We will do a site inspection on July 31,2004 and you're public hearing will be on August 10, 2004. 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. '-" Page 10 Town of Wappinger Zoning Board of Appeals '-' Mrs. Calabro: Mr. Fanuele: Mrs. Calabro: Mr. Prager: Mrs. Calabro: Mr. Warren: Mr. Fanuele: Minutes of July 27,2004 We have a small landing in our front and we need to remove the fayade now and have the house resided. So we decided to add the porch at this time. Where's Elizabeth Terrace? Off of Monfort Road. This will be an 18 % variance. The current deck is 7 feet out not counting the steps. Let's do a site inspection on this. We will do a site inspection on July 31,2004 and you're public hearing will be on 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 reQuired, the applicant is proposing a rear yard setback of 48 feet to allow for an 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. Fanuele: Mrs. Marino: Mr. Fanuele: Mr. Warren: Mrs. Marino: '-' Why don't you come up here and show us what you are looking to do. Mrs. Marino proceeded to go to the front and explain to the board what she is looking to do. I am selling my house so I just want to fix it up a little. We will do a site inspection on July 31, 2004 and you're public hearing will be on August 10, 2004. When was your house build? I think it was built in 1836. Page 11 Town of Wappinger Zoning Board of Appeals "-' Mr. Fanuele: Mrs. Lukianoff: Mr. Simonetty: Mr. Prager: Mr. Simonetty: Mr. Fanuele: '-' Mr. Simonetty: Mr. DellaCorte: Mr. Simonetty: Mr. Caviglia: Mr. Simonetty: Mr. Fanuele: Mr. diPierno: Vote: Minutes of July 27,2004 ------------------------------------------------------------------------------ We have a letter for the Mid-Hudson Castle, what is this about? Mrs. Nicodemus hasn't applied for the variance yet but the site plan shows the sign placed elsewhere. ------------------------------------------------------------------------------ Christopher Simonetty, 159 Widmer Road. The Norris's abut my property and my concern is yard creep. He took it upon himself to clear trees and stumps and came onto my property over 20 feet. His dog cages are on my property now. He told another neighbor that he saw me and that it was ok and that's simply not true. He had a line across the back when we where there. There was an existing stone wall there at one time. We granted him a 27 Y2 foot variance for the rear and he indicated that he would be moving the dog pens. Slaughter is also a border property and I have a lot of problems with yard creep. Ifhe lied doesn't that vacate the variance? He painted a good relationship between the two of you. He really has encroached upon me. This would be a private cause of action. Then I have to spend the money. Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 9:00 PM \.,.. Respe=47~_ ~a Roberti, Secretary Secretary - Zoning Board of Appeals