2004-06-22
ZONING BOARD OF APPEALS
June 22, 2004
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Revised June 22, 2004
Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: June 22nd, 2004
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve Site Minutes for June 19, 2004.
Adjourned Public Hearing:
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 reQuestine: 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.
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Public Hearing:
Appeal No. 04-7224
Rosa Martin
-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 15 feet to allow for a 12 X 14 foot deck. thus reQuestine: a variance of 5 feet.
The property is located on 16 Tor Road and is identified as Tax Grid No. 6257-02-
815798 in the Town of Wappinger.
Appeal No. 04-7225
Christina Kokiasmenos
-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 12 feet to allow for a 12 X 12 foot screened deck. thus reQuestine: a
variance of 3 feet.
The property is located on 27 Helen Drive and is identified as Tax Grid No. 6158-02-
725829 in the Town of Wappinger.
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ZONING BOARD OF APPEALS
June 22, 2004
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Appeal No. 04-7226
Michael Arthur
-Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning
District.
- Where a front yard setback of 75 feet is reauired from a state/county road, the
applicant is proposing a front yard setback of 41.5 feet to allow for a 24 X 36 foot 2-
stOry addition. thus reauestine: a variance of 33.5 feet.
The property is located on 300 Old All Ane:els Hill Road and is identified as Tax Grid
No. 6257-02-936725 in the Town of Wappinger.
Discussions:
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Appeal No. 04-7228
Mare: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 ine:round pool. thus reauestine: 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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Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of June 22,2004
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MINUTES
MINUTES
APPROVED
rJUL f~' 20fl4
Town of Wappinger
Zoning Board of Appeals
June 22, 2004
Summarized Minutes
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Members Present: Mr. Fanuele, Chairman
Mr. Warren, Member
Mr. DellaCorte, Member
Mr. diPierno, Member
Members Absent:
Mr. Prager, V ice-Chairman
Others Present:
\.. Mr. Caviglia, Special Counsel
Mrs. Lukianoff, Zoning Administrator
Mrs. Roberti, Secretary
SUMMARY
Adiourned Public Hearine:
Tracy Martin
-Closed Adjourned Public Hearing,
pending court preceding.
Public Hearine:
Rosa Martin
Christina Kokiasmenos
Michael Arthur
Discussion:
-Variance granted.
-Variance granted.
-Variance granted.
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Margaret Norris
-Public Hearing on July 13,2004.
Town of Wappinger
Zoning Board of Appeals
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Mr. Warren:
Mr. Fanuele:
Vote:
Page 2
Minutes of June 22, 2004
Motion to approve Site Minutes for June 19,2004.
Second the motion.
All present voted aye.
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 reauestinf! 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. Warren:
Mr. DellaCorte:
Vote:
\....-
Mr. Fanuele:
Mr. Warren:
Vote:
Motion to open the Adjourned Public Hearing.
Second the motion.
All present voted aye.
I make a motion that we close the Public Hearing.
Second the motion.
All present voted aye.
Appeal No. 04-7224
Rosa Martin
-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 15 feet to allow for a 12 X 14 foot deck. thus reauestinf! a variance of
5 feet.
The property is located on 16 Tor Road and is identified as Tax Grid No. 6257-02-
815798 in the Town of Wappinger.
Mr. Warren:
Mr. Fanuele:
Vote:
Mr. diPiemo:
Mrs. Roberti:
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Motion to open the public hearing.
Second the motion.
All present voted aye.
Are the mailings in order?
Yes.
Town of Wappinger
Zoning Board of Appeals
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Mr. Martin:
Mr. diPiemo:
Mr. Fanuele:
Mr. diPiemo:
Mr. Fanuele:
Mr. Warren:
Vote:
Mr. Fanuele:
Mr. DellaCorte:
Roll Call:
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Page 3
Minutes of June 22, 2004
There was a clerical error back in 1996 and after we noticed it we
wanted to have it clarified.
Let the record show that this past Saturday we did a site inspection.
At this time the applicant was sworn in.
Since it's a clerical error I have no questions. The deck already
exists.
Is there anyone in the audience with a comment or question?
Hearing none.
I make a motion to close the public hearing.
Second the motion.
All present voted aye.
Motion to grant the variance.
Second the motion.
Mr. Warren:
Mr. Fanuele:
Mr. DellaCorte:
Mr. diPiemo:
Aye.
Aye.
Aye.
Aye.
Appeal No. 04-7225
Christina Kokiasmenos
-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 12 feet to allow for a 12 X 12 foot screened deck. thus reQuestinl! a
variance of 3 feet.
The property is located on 27 Helen Drive and is identified as Tax Grid No. 6158-02-
725829 in the Town of Wappinger.
Mr. Fanuele:
Mr. Warren:
Vote:
Mr. diPiemo:
Mrs. Roberti:
Motion to open the public hearing.
Second the motion.
All present voted aye.
Are the mailings in order?
Yes.
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Mrs. Kokiasmenos: I would like to have a screened in deck off the back of my property.
Town of Wappinger
Zoning Board of Appeals
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Mr. diPiemo:
Mr. Fanuele:
Page 4
Minutes of June 22, 2004
Let the record show that this past Saturday we did a site inspection
This enclosed porch is no further then the end of your house?
Mrs. Kokiasmenos: No.
Mr. diPiemo:
Mr. Fanuele:
Mr. Warren:
Vote:
Mr. Fanuele:
Mr. DellaCorte:
Roll Call:
Tania are there any other violations? (No.) Is there anyone in the
audience with a comment or question? Hearing none.
I make a motion to close the public hearing.
Second the motion.
All present voted aye.
Motion to grant the variance.
Second the motion.
Mr. Warren:
Mr. Fanuele:
Mr. DellaCorte:
Mr. diPiemo:
Aye.
Aye.
Aye.
Aye.
Appeal No. 04-7226
Michael Arthur
-Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning
District.
- Where a front yard setback of 75 feet is reauired from a state/county road, the
applicant is proposing a front yard setback of 41.5 feet to allow for a 24 X 36 foot 2-
stOry addition. thus reauestine a variance of 33.5 feet.
The property is located on 300 Old All Aneels Hill Road and is identified as Tax Grid
No. 6257-02-936725 in the Town of Wappinger.
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Mr. Warren:
Mr. Fanuele:
Vote:
Mr. diPiemo:
Mrs. Roberti:
Mr. Arthur:
Mr. diPiemo:
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Motion to open the public hearing.
Second the motion.
All present voted aye.
Are the mailings in order?
Yes.
I need the variance for a garage. I wouldn't need it ifit was on a
town road but because it's still county owned I need more front
setback.
Was the county notified?
Town of Wappinger
Zoning Board of Appeals
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Mrs. Roberti:
Mr. Fanuele:
Mrs. Luciana:
Mr. diPiemo:
Mr. Fanuele:
Mr. Warren:
Vote:
Mr. DellaCorte:
Mr. Warren:
Roll Call:
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Page 5
Minutes of June 22, 2004
Yes and we received no response.
This was a large variance but it's on a road that was a county road
and it appears they have abandoned it although not legally.
Graham feels that it would be ok and the town does plow this road.
Is there anyone in the audience with a comment or question?
Hearing none.
I make a motion to close the public hearing.
Second the motion.
All present voted aye.
Motion to grant the variance.
Second the motion.
Mr. Warren:
Mr. Fanuele:
Mr. DellaCorte:
Mr. diPiemo:
Aye.
Aye.
Aye.
Aye.
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 in l!round pool. thus reauestiol! 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.
Mrs. Norris:
Mr. diPiemo:
Mrs. Norris:
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We wanted to put the pool in line with the house. This would give
the west side 25 feet and the east side would be only 5 feet off the
rear property line. We thought we originally had more according to
our rear neighbor but a friend in the business showed us that this was
our actual property distance. We want it 35 feet off of the house so
that we can see the pool from the house because of small children.
Show me on your survey where the pool will go. Come up here to
us.
We have a well on this side and our kitchen window is here.
Town of Wappinger
Zoning Board of Appeals
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Mr. DiPiemo:
Mrs. Lukianoff:
Mr. diPiemo:
Mr. Fanuele:
Mr. diPiemo:
Mr. DellaCorte:
Mr. Fanuele:
Vote:
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Page 6
Minutes of June 22, 2004
This does not seem to have the metes and bounds in here.
That's the building envelope not the property line. This pool was
originally approved until they discovered the new property lines.
Much discussion followed up at the dais but was hard to follow on
tape.
We will do a site visit on June 26, 2004.
1'd like to see it moved.
We will schedule a public hearing for July 13,2004.
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 8:30 PM
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Jesp ctfully S 1
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Barbara Roberti, Secretary
Secretary - Zoning Board of Appeals