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2004-06-08 ZONING BOARD OF APPEALS June 8th, 2004 ~ Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: lune 8th, 2004 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve Minutes for May 25, 2004. Approve Site Minutes for May 29,2004.12 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 reauestini! 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. Public Hearing: '-' Appeal No. 04-7222 HUi!h & Marilyn Johnston -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a front yard setback of 35 feet is required, the applicant is proposing a front yard setback of 30 feet to allow for a 8 X 42 foot front porch. thus reauestini! a variance of 5 feet. The property is located on 8 Robert Lane and is identified as Tax Grid No. 6158-04- 952043 in the Town of Wappinger. Appeal No. 04-7223 Dimitrios Diamantopoulos -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 20 feet to allow for a 24 foot above i!round pool. thus reauestini! a variance of 30 feet. The property is located on 19 Brothers Road and is identified as Tax Grid No. 6258-04-765406 in the Town of Wappinger. '-" 1 ZONING BOARD OF APPEALS June 8th, 2004 Discussions: '-' 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 reQuestinl! 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 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. '-" 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 reQuired 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 reauestinl! a variance of 33.5 feet. The property is located on 300 All Anl!els Hill Road and is identified as Tax Grid No. 6257-02-936725 in the Town of Wappinger. ~ 2 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of June 8, 2004 ~ MINUTES MINUTES APPROVED JUL 13 20a. Town of Wappinger Zoning Board of Appeals June 8, 2004 Summarized Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Fanuele, Mr. Prager, Mr. Warren, Mr. DellaCorte, Mr. diPiemo, Chairman Vice-Chairman Member Member Member Others Present: Mr. Caviglia, Special Counsel Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary ~ SUMMARY Adiourned Public Hearinl!: Tracy Martin -Adjourned to June 22, 2004. Public Hearinl!: Hugh & Marilyn Johnston Dimitrios Diamantopoulos -Variance Granted. - Variance Granted. Discussion: Rosa Martin Christina Kokiasmenos Michael Arthur -Public Hearing on June 22, 2004. -Public Hearing on June 22, 2004. -Public Hearing on June 22, 2004. ~ Town of Wappinger Zoning Board of Appeals \... Mr. diPierno: Mr. DellaCorte: Vote: Mr. diPierno: Mr. DellaCorte: Vote: Page 2 Minutes of June 8, 2004 Motion to approve Minutes for May 25t\ 2004. Second the motion. All present voted aye. Motion to approve Site Minutes for May 29, 2004. Second the motion. All present voted aye. ADDeaINo.04-7220 Tracv 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 requesting 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. Prager: Mr. diPiemo: Vote: Mr. Fanuele: Mrs. Roberti: Mr. Caviglia: Mr. Fanuele: Mr. Caviglia: Mr. Fanuele: Mr. Caviglia: "'" Motion to open the adjourned Public Hearing. Second the motion. All present voted aye. Is there anybody here who would like to make a comment? Hearing none. Last time we were here it was undecided whether there were any other violations on this property. Barbara has that been determined? I spoke to Mark today and he said the violation is still there on the porch/front steps as of this evening. The applicant has responded by requesting a trial in justice court. This has to do with other than the shed? My understanding is that there are two violations in open court, the shed and the porch. The shed violation we are trying to resolve that here but then we have the other violation. Yes that is my recollection. Town of Wappinger Zoning Board of Appeals ~ Mr. Pistolesi: Ms. Martin: Mr. Pistolesi: Mr. Caviglia: Mr. Pistolesi: ~ Mr. Caviglia: Mr. Pistolesi: Mr. Caviglia: Mr. Prager: Mr. Caviglia: Ms. Martin: ~ Page 3 Minutes of June 8, 2004 There is no other violation it is just front steps. George Kolb did come to my home and said the violation was issued in error. He said he would straighten it out and the violation would be dropped. You were also there yourself. Would it make a difference tonight if she had plead guilty tonight and paid the fine? With regard to the outstanding violations there are two violations to the property owner and I have them right here. You were served with them. Whether they are open or not is the only issue before this board. They are open so you have your right to do a trial and if your found not guilty that's fine then they won't be open anymore and if your found guilty they won't be open anymore either. That's all there is to it. It's a statement of fact. George Kolb said it would be straighten out. Why did this town make us go through the procedures and the retro fee, etc. when there is a violation? We are talking about a shed that's not even there yet. May I suggest that first of all unless the matter is pertinent before this board which is the application itself, my understanding is that this board has a policy that if in fact there are any outstanding violations on an applicant's property the board will not entertain granting a variance. It's not a matter of discretion; the board may not entertain an application. So that is the statement of fact. If you have concerns about the prosecution that is going on in justice court then you should direct your concerns to justice court. Then why did they take my money? I would suggest the board move on unless somebody wants to discuss the applications merits. We can adjourn this to June 22, 2004. Is there any objection by the applicant? Once the steps are cleared up then we can go ahead with the variance? Town of Wappinger Zoning Board of Appeals \. Mr. Caviglia: Mr. Pistolesi: Mr. Caviglia: Mr. Pistolesi: Mr. Fanuele: Mr. Pistolesi: Mr. Prager: Mr. diPiemo: Vote: Mr. Caviglia: Page 4 Minutes of June 8, 2004 You cannot proceed with your application until such time as there has been a disposition of the ordinance violations in justice court, period. So if she had plead guilty tonight and paid your fine...... It would have been disposed of or dismissed. That's all there is to it. So I want to know what we do to get our money back. I can't tell you that. Let's go... You know what; you'll see what is going to happen now. Motion to adjourn this to June 22, 2004. Second the motion. All present voted aye. Just as a point of information we have not received a trial date yet. ADDeal No. 04-7222 HU2h & Marilvn Johnston . Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. . Where a front yard setback of 35 feet is required, the applicant is proposing a front yard setback of 30 feet to allow for an 8 X 42 foot front porch, thus requesting a variance of 5 feet. The property is located on 8 Robert Lane and is identified as Tax Grid No. 6158-04-952043 in the Town of Wappinger. \..-. Mr. Prager: Mr. diPiemo: Vote: Mr. Fanuele: Mrs. Roberti: Mr. Johnston: \..r Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. I want to just put a full country porch on the front of my house. I have to replace the front roof anyway so I want to extend the roof. My house is very plain so for curb appeal we would like to do this. Town of Wappinger Zoning Board of Appeals \.r Mr. Fanuele: Mr. Prager: Mr. Johnston: Mr. Fanuele: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mr. Johnston: ~ Page 5 Minutes of June 8, 2004 We did a site inspection on this property. Is there anyone in the audience with comments? Hearing none. Will your new porch be coming out farther then the porch you have now? No. Motion to close the Public Hearing. Second the motion. All present voted Aye. I make a motion to grant the variance. It will not create an undesirable change to the neighborhood. The request is minimal and it won't have an adverse affect on the environment. Second the motion. All present voted Aye. Mr. Johnston you now have your variance. Thank you. ADDeaINo.04-7223 Dimitrios Diamantopoulos . 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 20 feet to allow for a 24 foot above ground pool, thus requesting a variance of 30 feet. The property is located on 19 Brothers Road and is identified as Tax Grid No. 6258- 04-765406 in the Town of Wappinger. Mr. Prager: Mr. diPiemo: Vote: Mr. Fanuele: Mrs. Roberti: Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. Mr. Diamantopoulos: I would like to put in an above ground pool for my children. Mr. Fanuele: \.- Your back yard seems to be kind of short and is wide but narrow in length. Town of Wappinger Zoning Board of Appeals \... Mr. diPiemo: Page 6 Minutes of June 8, 2004 How far back does your property go past the wall? Mr. Diarnantopoulos: A little farther back. Mr. Prager: How far are you're shed from the property line? Mr. Diamantopoulos: I don't know, the shed was there when we bought the house. Mr. Prager: We need to know where your property line is. Do you have a survey? Mr. Diamantopoulos: I can't find it today. Mr. Prager: I can't give a variance without knowing where the property line is. Mr. Diarnantopoulos: I went out there yesterday and measured 14 feet to the wall. Mr. Fanuele: ~ Mr. diPierno: Mr. Prager: Vote: Mr. diPierno: Mr. DellaCorte: Roll Call: Mr. Fanuele: If he was to put a pool anywhere on his property he would need a variance. 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 grant a variance. Certainly it will not be detrimental to nearby properties nor will it produce an undesirable affect or change to the neighboring. The size of the property is such that I don't see any alternative. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Nay. I don't know where the property line is. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. You have your variance. Mr. Diarnantopoulos: Thank you. ~ """,,",,'" Town of Wappinger Zoning Board of Appeals ~. Page 7 Minutes of June 8, 2004 ADDeal 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 of20 feet is required, the applicant is proposing a side yard setback of 15 feet to allow for a 12 X 14 foot deck, thus requesting 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. Martin: Mr. Fanuele: Mr. Martin: Mr. Warren: ~ Mr. Fanuele: Mr. Martin: Mr. Fanuele: We have an existing pool and the deck was put in around 1996. I found a clerical mistake in the CO and Mr. Kolb came out and measured it which brings us to you. This is enclosed within the fence around the pool. You do have a CO on the pool? Yes. I have a list of all closed permits on the property. Great job, everyone should be so organized. Are there power lines behind you? No. We will come out for a site visit on June 19th and we will set your public hearing for June 22, 2004. ADDeaINo.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 requesting 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. Mrs. Kokiasmenos: I would like to put in a 12 X 12 foot screened in porch offmy dining room. \.,. Mr. Fanuele: Do you have a deck there now? Town of Wappinger Zoning Board of Appeals Page 8 Minutes of June 8, 2004 \.,; Mrs. Kokiasmenos: No. Mr. Fanuele: I see the deck will not be going out any farther than the house is already, correct? Mrs. Kokiasmenos: Right. Mr. Prager: We will do a site visit and can you put stakes in so we see where the deck will actually be. Mrs. Kokiasmenos: Ok. Mr. Fanuele: So your site visit is for the 19th of June and your public hearing will be on June 22, 2004. ADDeal 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 of75 feet is required 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 requesting a variance of33.5 feet. The property is located on 300 Old All Aoeels Hill Road and is identified as Tax Grid No. 6257-02-936725 in the Town of Wappinger. Mr. Arthur: I live next to the Christian Church on All Angels Hill Road. I want to build a garage with a bedroom upstairs. I wanted it in the front but the Town said no so I decided to put it to the side. Mr. Caviglia: This should be sent to the County DPW department. Mr. Fanuele: We will send that out tomorrow and also to Graham for his comments. We will take a look at this on June 19th and set your public hearing for June 22, 2004. Mr. Arthur: Thank you. ~ Town of Wappinger Zoning Board of Appeals Page 9 Minutes of June 8, 2004 \....- Mr. Fanuele: Please let Barbara know if any of you wish to go to the Zoning and Planning School. Also we are now certified by the Pace Law School. In other business we received a letter from Tania regarding 51 Myers Comers Road. Mrs. Lukianoff: They will be coming in for an interpretation just like Rocco Trenkler did for HB Office Products. Mr. Cantor had the decision vacated. So they will be starting over. Mr. Prager: Mr. diPiemo: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM Res.pectfullY Sub~tt:d, d ' ~~R~ Barbara Roberti, Secretary Secretary - Zoning Board of Appeals \..-. "-"