2004-07-13
ZONING BOARD OF APPEALS
July 13, 2004
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Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: July 13, 2004
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve minutes for June 8, 2004.
Approve Site Minutes for June 26, 2004.
Public Hearing:
Appeal No. 04-7228
Man!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 inl!round pool. thus reauestinl! 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.
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Discussions:
Appeal No. 04-7220
Tracy Martin
-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 32 feet to allow for a 16 X 20 foot shed. thus reauestinl! 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. 04-7229
Arthur & Donna Glynn
-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.
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ZONING BOARD OF APPEALS
July 13, 2004
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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.
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Town of Wappinger
Zoning Board of Appeals
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Town of Wappinger
Zoning Board of Appeals
July 13,2004
Summarized Minutes
Members Present:
Mr. Fanuele,
Mr. Warren,
Mr. DellaCorte,
Mr. diPiemo,
Members Absent:
Mr. Prager,
Others Present:
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Mr. Caviglia,
Mrs. Dao,
Mrs. Roberti,
Page 1
Minutes of July 13, 2004
MINUTES
MINUTES
f'r'F'ROVED
JUL ~;? 2004
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member
Member
Member
Vice-Chairman
Special Counsel
Deputy Zoning Administrator
Secretary
SUMMARY
Public HeariDf!:
Margaret Norris
Discussion:
Tracy Martin
Arthur & Donna Glynn
Christopher Slaughter
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-Adjourned Public Hearing to July 27,
2004.
-To vote on decision July 27,2004.
-Public Hearing on July 27,2004.
- Public Hearing on July 27,2004.
Page 2
Town of Wappinger
Zoning Board of Appeals
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Mr. DellaCorte:
Mr. diPierno:
Vote:
Mr. DellaCorte:
Mr. diPierno:
Vote:
Minutes of July 13, 2004
Motion to approve Minutes for June 8, 2004.
Second the motion.
All present voted aye.
Motion to approve Site Minutes for June 26, 2004.
Second the motion.
All present voted aye.
Appeal No. 04-7228
Mar2aret Norris
-Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning
District.
- Where a rear vard setback of 40 feet is reQuired, the applicant is proposing a rear
vard setback of 5 feet to allow for a 20 X 40 foot in2round pool, thus reQUestin2 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.
Mr. Warren:
Mr. diPierno:
Vote:
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Mr. Fanuele:
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Are all the mailings in order?
Mrs. Roberti: Yes.
Mrs. Norris:
Mr. Fanuele:
Mrs. Norris:
Mr. Fanuele:
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At this time the applicant was sworn in.
When you came to our home you discussed with my husband that we
should move the pool closer to the side and now it will be 12 % feet
from the rear.
So you will be moving the pool toward the house?
Yes. We moved it to the east which gave the one comer of the pool
12 Y2 ft off the back property line. The sides will be 15 feet to the
east and 25 feet to the west.
So then on the one side you would need a 5 foot variance and a 22
foot variance from the rear yard. Does anyone in the audience have
any comments?
Town of Wappinger
Zoning Board of Appeals
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Mr. Giewat:
Mrs. Norris:
Mr. Giewat:
Mr. Fanuele:
Mr. Giewat:
Mrs. Norris:
Mr. Warren:
Mr. Giewat:
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Mrs. Norris:
Mr. Giewat:
Mr. Fanuele:
Mrs. Norris:
Mr. Fanuele:
Mrs. Norris:
Mr. diPierno:
Mr. Fanuele:
Mr. diPierno:
Mr. DellaCorte:
Vote:
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Page 3
Minutes of July 13, 2004
Richard Giewat, 179 Widmer Road. I was curious about the pool
water and where it would drain too. I live next door and have a lot
of water concerns.
It would drain in the rear back comer. We have already laid the
drainage lines.
It drains to within 3 feet of the property line.
They have to funnel the water away from you.
But if the lines are there it will drain to me. Even their gutters drain
toward me. We are lower then they are.
We plan on raising the side with a dirt wall.
Do you have a flooding problem there now?
Yes. We just spent close to $4000.00 on planting grass and putting
in trenches out to the front of our house for the water.
What we are doing will make your problem better.
Do you have plans from a landscaper?
Where will you drain this?
I'm really not sure.
We will need a drainage plan as to where the water will go.
Why can't I just tell the excavator to grade away?
Your contractor should be able to provide you with a plan. Why
don't we adjourn this until the next meeting to allow them to look
into this?
Fine.
Motion to adjourn to July 27, 2004.
Second the motion.
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of July 13,2004
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Appeal No. 04-7220
Tracy Martin
-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 32 feet to allow for a 16 X 20 foot shed. thus reQuestint! 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. Fanuele:
We had a public hearing which has been closed. Weare waiting for
the outcome of her court case. Has it been resolved?
Mr. Caviglia:
The judge has reserved decision.
Mr. Fanuele:
Then we will put this on the next agenda.
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Appeal No. 04-7229
Arthur & Donna Glynn
-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. Glynn:
I bought the property in 1981 from the Baisley Farm. I built the
house facing the river and this shed was closer in the property
toward the driveway. I had applied for the shed amnesty and that's
when the zoning department informed us that this shed is in what
they consider my front yard.
Mr. Fanuele:
How far is this off of River Road?
Mr. Glynn:
About 1100 feet. This shed was built over 20 years ago.
Mr. diPiemo:
What is the property to your left?
Mr. Glynn:
It is the Baisley Farm.
Mr. Fanuele:
We will set a site visit for July 17 and your public hearing for July
27,2004.
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Town of Wappinger
Zoning Board of Appeals
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Mr. Glynn:
Page 5
Minutes of July 13, 2004
Thank you.
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 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.
Mr. Slaughter:
Mr. Fanuele:
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Mr. diPiemo:
Mr. Slaughter:
Mr. Fanuele:
Mrs. Roberti:
Mr. Fanuele:
Mr. diPiemo:
Vote:
We built our barn 880 feet from Widmer Road. We built it before
we built the house and now the only place to put the house will be
200 feet to the right of it.
I guess we will come out to look at this one too. So we will see you
on Saturday the 17th and we will set your public hearing on July 27,
2004.
How far back will your house be set?
About 1100 feet. Thank you.
What's happening with Gasland?
It will be on the agenda for August 24, 2004.
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 8:30 PM
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Resp tfully Submitted,
baraR~S~~'
. Secretary - Zoning Board of Appeals