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2004-05-25 ZONING BOARD OF APPEALS May 25th, 2004 '-'" Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: May 25th, 2004 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve Minutes for May 11, 2004. Approve Site Minutes for May 15, 2004. Public Hearing: '-'" Appeal No. 04-7221 Greeorv & Cheryl Mancuso -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 22 feet to allow for a 15 X 24 foot above eround pool. thus reQuestine a variance of 18 feet. - Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 22 feet to allow for a 15 X 10 foot pool deck. thus reQuestine a variance of 18 feet. The property is located on 13 Edeehill Drive and is identified as Tax Grid No. 6258-04- 875078 in the Town of Wappinger. Discussions: Appeal No. 04-7222 Hueh & 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 a 8 X 42 foot front porch. thus reQuestine 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 eround pool. thus reQuestine 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. '-'" \.- \.- ~ Town of Wappinger Zoning Board of Appeals Town of Wappinger Zoning Board of Appeals May 25, 2004 Summarized Minutes Members Present: Members Absent: Others Present: Mr. Fanuele, Mr. Warren, Mr. DellaCorte, Mr. diPierno, Mr. Prager, Page 1 Minutes of May 25,2004 MINUTES APPROVED 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 JUN 0 8 20a~ Public Hearin2: SUMMARY Gregory & Cheryl Mancuso Discussion: Hugh & Marilyn Johnston Dimitrios Diamantopoulos -Granted Variance. -Public Hearing on June 8, 2004. -Public Hearing on June 8, 2004. Town of Wappinger Zoning Board of Appeals \.- Mr. DellaCorte: Mr. Fanuele: Vote: Mr. DellaCorte: Mr. Fanuele: Vote: Page 2 Minutes of May 25,2004 Motion to approve Minutes for May 11 th, 2004. Second the motion. All present voted aye. Motion to approve Site Minutes for May 15,2004 as amended. Second the motion. All present voted aye. Appeal No. 04-7221 Grel!ory & Cheryl Mancuso -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 22 feet to allow for a 15 X 24 foot above l!round pool. thus reQuestinl! a variance of 18 feet. - Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 22 feet to allow for a 15 X 10 foot pool deck. thus reQuestinl! a variance of 18 feet. The property is located on 13 Edl!ehill Drive and is identified as Tax Grid No. 6258-04- 875078 in the Town of Wappinger. ~ Present: Mr. DellaCorte: Mr. Warren: Vote: Mr. Fanuele: Mrs. Roberti: Mr. Mancuso: Mr. Fanuele: ~ Mr. Mancuso Motion to open the public hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. I installed my pool without a permit not knowing it was required. I put it into the middle of my yard where I get the most sun and I now would like to put a deck on it and it needs to be it on the side because the front of the pool is too close to my house. We did a site visit and it seems this is the only place it could go. Is there anyone in the audience with a comment or question? Hearing none. Town of Wappinger Zoning Board of Appeals ~ Mr. Fanuele: Mr. diPiemo: Vote: Mr. diPierno: Mr. DellaCorte: Vote: Mr. diPierno: Mr. DellaCorte: Vote: Mr. DellaCorte: Mr. diPiemo: Vote: Page 3 Minutes of May 25,2004 Motion to close the public hearing. Second the motion. All present voted aye. Motion to declare a neg. dec. Second the motion. All present voted aye. Motion to declare Lead Agency. Second the motion. All present voted aye. Motion to grant the variance. Second the motion based on the site visit. All present voted aye. Appeal No. 04-7222 HU2h & 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 an 8 X 42 foot front porch. thus reQUestin2 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. Johnston: Mr. diPiemo: Mr. Johnston: Mr. Fanuele: Mr. Johnston: Mr. diPiemo: Mr. Johnston: ~ I have to replace a section of my roof and my original steps are crumbling. I would like to put in a front porch the length of the front of my house while I am fixing the front anyway. This will give us somewhere to sit. This will give our house more curb appeal and the neighbor's on either side also have porches like these. Are the Bitterlich's your neighbors? Yes. Are you enclosing this? No. Will the steps be in the middle? Yes. Town of Wappinger Zoning Board of Appeals Page 4 Minutes of May 25,2004 Mr. Fanuele: We will do a site inspection on Saturday, May 29,2004 and we will set your public hearing for June 8, 2004. \..; Mr. Johnston: Thank you. I'll stake it out for you. 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 reauired, the applicant is proposing a rear yard setback of 20 feet to allow for a 24 foot above I!round pool. thus reauestinl! 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. Present: Tanya Diamantopoulos Mrs. Diamantopoulos: We would like to have a 24 foot above ground pool put in. Our yard is long and narrow. There is a 50 foot wooded buffer between us and the neighbor's in the rear of us. Mr. Fanuele: Does anybody have any comments? (No.) We will do a site visit this Saturday, May 29,2004. Your public hearing is set for June 8, 2004. \..; Mrs. Diamantopoulos: Thank you and we will stake out the area for you. Mr. Fanuele: A couple of questions tonight. Do we really need to get the planning board minutes? Mr. diPiemo: Yes I read them. Mr. Warren: I read them too. Mr. Fanuele: Ok that's settled. Now I understand there is a letter from Tracy Martin. Mr. Caviglia: Yes she sent it to Joe and she is a martyr in it. She claims she is being persecuted. Mr. Fanuele: Can we get a copy of that? Mrs. Roberti: I will send it to you. ~ Town of Wappinger Zoning Board of Appeals Page 5 Minutes of May 25, 2004 \.,. Mr. diPierno: What is happening with Gasland? Mr. Caviglia: I have a copy of the decision for you tonight. When they come back now you can render a decision either way. That is what this decision says. Mr. diPierno: We were told that we couldn't even consider changes to a SUP. Mr. Caviglia: That is what they challenged and this decision now says you can consider it. It doesn't say you have to approve it just that you can hear it and make whatever decision you choose. Mr. Fanuele: I would like to send a letter to the Town Board to encourage them to re-appoint Howard. Also let them know that we are now going to be certified and that Howard has also completed the certification. Mr. DellaCorte: I have a question about the letter regarding the Schnorr property? Mrs. Lukianoff: It's for background. In 1985 they received a variance for a 0 foot setback and in 1986 another variance was denied for a 5 foot setback from Myers Corners Road. So we are not really sure what had actually happened. Now he wants a bigger sign. I sent him a letter saying it's a non-conforming sign and you can't increase it. Now he sent me copies of these variances. So somewhere something is wrong and he's not telling me everything. '-' Mr. diPierno: Mr. DellaCorte: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM Respec fully Submitted, e:LI2Zt!,{(0 ~~ a Roberti, Se~~~-v' / Secretary - Zoning Board of Appeals ......