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2004-04-27 ZONING BOARD OF APPEALS Apri12ih,2004 '-' Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: April 27th, 2004 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve Minutes for April 13, 2004. Approve Site Minutes for April 24, 2004. Public Hearing: Appeal No. 04-7217 Juan & Shirley Cabrera -Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning District. - Where a rear yard setback of 30 feet is required, the applicant is proposing a rear yard setback of 15 feet to allow for a 14 X 15 foot pool deck. thus reQUestiDl! a variance of 15 feet. The property is located on 24 Quarrv Drive and is identified as Tax Grid No. 6158-04- 995493 in the Town of Wappinger. '-' Appeal No. 04-7218 Martin & Maritza Cuevas -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 13 feet to allow for a 27 foot above 2round pool. thus reQUestin2 a variance of 2 feet. - Where a rear yard setback of 30 feet is required, the applicant is proposing a rear yard setback of 20 feet to allow for a 27 foot above 2round pool. thus reQUestin2 a variance of 10 feet. The property is located on 41 Wildwood Drive and is identified as Tax Grid No. 6258- 01-048647 in the Town of Wappinger. Appeal No. 04-7219 Betty-Joyce MontaQue -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 24.5 feet to allow for a 15 X 24 foot addition. thus reQUestin2 a variance of 25.5 feet. The property is located on 1 Harbor Hill Road and is identified as Tax Grid No. 6259- 04-764313 in the Town of Wappinger. '-' 1 ZONING BOARD OF APPEALS April 2ih, 2004 '-" Discussions: Appeal No. 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 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. '-" '-' 2 Town of Wappinger Zoning Board of Appeals Page I Minutes of April 27, 2004 .--.., MINUTES MINUTES APPROVED ltW 1 1 2Q04 Town of Wappinger Zoning Board of Appeals April 27, 2004 Summarized Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Fanuele, Chairman Mr. Warren, Member Mr. DellaCorte, Member Members Absent: Mr. Prager, Mr. diPiemo, Vice-Chairman Member Others Present: ~ Mr. Caviglia, Special Counsel Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary SUMMARY Public Hearin2: Juan & Shirley Cabrera Martin & Maritza Cuevas Betty-Joyce Montaque -Variance Granted. -Variance Granted. -Variance Granted. Discussion: Tracy Martin -Public Hearing on May 11, 2004. -' Page 2 Town of Wappinger Zoning Board of Appeals \..- Mr. Warren: Mr. DellaCorte: Vote: Mr. Warren: Mr. DellaCorte: Vote: Minutes of April 27, 2004 Motion to approve Minutes for April13t\ 2004. Second the motion. All present voted aye. Motion to approve Site Minutes for April 24t\ 2004. Second the motion. All present voted aye. Appeal No. 04-7217 Juan & Shirley Cabrera -Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning District. - Where a rear yard setback of 30 feet is reauired, the applicant is proposing a rear yard setback of 15 feet to allow for a 14 X 15 foot pool deck. thus reauestin2 a variance of 15 feet. The property is located on 24 Quarry Drive and is identified as Tax Grid No. 6158-04- 995493 in the Town of Wappinger. Present: ....... Mr. Fanuele: Mr. Warren: Mr. DellaCorte: Vote: Mr. Fanuele: Mrs. Roberti: Mrs. Cabrera: Mr. Fanuele: Mrs. Cabrera: Mr. Fanuele: Mrs. Lukianoff: -' Mrs. Cabrera Swore in the resident. Motion to open the public hearing. Second the motion. All present voted aye. Are the mailings all in order? Yes. Last year we received a variance for a pool and now we would like to attach a pool deck. We cannot put the deck to the rear or the front so we need to go to the side of the pool. This will be the same distance as the pool to the property then? Yes. I believe this is an R-20 zone that she is in and not an R-15. All of Wildwood gets a step down. Page 3 Town of Wappinger Zoning Board of Appeals \.... Mr. Fanuele: Mrs. Lukainoff: Mr. Fanuele: Mr. Capasso: Mr. Fanuele: Mr. DellaCorte: Mr. Warren: Mr. DellaCorte: Vote: ....... Mr. Warren: Mr. DellaCorte: Vote: Mr. Warren: Mr. DellaCorte: Roll Call: Minutes of April 27, 2004 No, only Wildwood I not Wildwood II. When we did the pool did we do it as R-15? Yes. R-20 would require 40 feet. At this time does anyone in the audience have any comments or questions? George Capasso, 25 Quarry Drive. I live across the street from Mrs. Cabrera and they are excellent neighbors and I don't think this would have any objection in our neighborhood. Thank you. We did do a site visit at this home. Motion to declare a neg. dec. Second the motion. All present voted aye. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. Second the motion. Mr. Warren: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Appeal No. 04-7218 Martin & Maritza Cuevas -Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning District. - Where a side vard setback of 15 feet is required, the applicant is proposing a side vard setback of 13 feet to allow for a 27 foot above e:round pool. thus reQuestine: a variance of 2 feet. -Where a rear yard setback of 30 feet is required, the applicant is proposing a rear yard setback of 20 feet to allow for a 27 foot above e:round pool. thus reQuestine: a variance of 10 feet. The property is located on 41 Wildwood Drive and is identified as Tax Grid No. 6258- 01-048647 in the Town of Wappinger. '-' Town of Wappinger Zoning Board of Appeals '-' Present: Mr. Fanuele: Mr. Warren: Mr. DellaCorte: Vote: Mr. Fanuele: Mrs. Roberti: Mrs. Cuevas: Mr. Fanuele: Mrs. Cuevas: ...... Mr. Fanuele: Mr. DellaCorte: Mr. Warren: Mr. DellaCorte: Vote: Mr. Fanuele: Mr. DellaCorte: Vote: Mr. DellaCorte: Mr. Warren: Roll Call: -' Page 4 Minutes of April 27, 2004 Mrs. Cuevas. Swore in the resident. Motion to open the public hearing. Second the motion. All present voted aye. Are the mailings all in order? Yes. I would like to put in a 27 foot AG pool You need two variances I see. 2 feet to the side and 10 feet to the rear. If you move the pool just 2 feet toward the inside you would not need the side variance. Would that be a problem? No I don't think so. At this time does anyone in the audience have any comments or questions? Hearing none. We also did a site visit at Mrs. Cuevas home. 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 grant the variance for the rear yard only. The side yard variance will not be needed since you have agreed to move the pool in 2 feet closer. Second the motion. Mr. Warren: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of April 27, 2004 Appeal No. 04-7219 Betty-Joyce Montaaue -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 24.5 feet to allow for a 15 X 24 foot addition. thus reauestine a variance of 25.5 feet. The property is located on 1 Harbor Hill Road and is identified as Tax Grid No. 6259- 04-764313 in the Town of Wappinger. ...... Mr. Fanuele: Mr. Warren: Mr. DellaCorte: Vote: Mr. Fanuele: Mrs. Roberti: Mrs. Montaque: '-" Mr. Fanuele: Mr. DellaCorte: Mrs. Montaque: Mr. Fanuele: Mrs. Montague: Mr. Warren: Mr. DellaCorte: Vote: Mr. DellaCorte: Mr. Warren: Roll Call: ." Swore in the resident. Motion to open the public hearing. Second the motion. All present voted aye. Are the mailings all in order? Yes. We needed 10 more feet on the back line to expand our deck into an addition for a bedroom. We have been out there and looking at it, this is an older house that was there before zoning. The house has been put all on one portion of the lot leaving little room in the rear. Is there anyone in the audience who have any comments or questions? Hearing none. Did the septic guy come yet? I'm still waiting and I even called him today. You'll need that ok'd before you get a CO. Yes I know that. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. Second the motion. Mr. Warren: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Town of Wappinger Zoning Board of Appeals Page 6 Minutes of April 27, 2004 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. ~ Present: Mr. Martin: Mr. DellaCorte: Mr. Martin: Mr. Fanuele: ~ Mr. Martin: Mr. Fanuele: Mr. Martin: Mr. Fanuele: Mr. DellaCorte: Mrs. Martin: Mr. Martin: Mr. DellaCorte: Mr. Martin: ., Mr. & Mrs. Martin The land behind us belongs to the Town of Wappinger. I called the town and I was told I needed 20 feet to the rear and now I found out I need 40 feet. You poured the foundation without a permit? I didn't think that I needed one for that. I only poured the slab but I have no lumber yet. Your really pouring it at your own risk in case the variance doesn't come through. I know but I only thought I needed 20 feet. Which recreation is near you? I don't know ifits true or not. I know Victor Gannody who developed that whole property and he told me that it was town property in the back. We'll do a site visit on Saturday at 9:00 am. We will schedule a public hearing on May 11, 2004. Are you Tracy? Yes. I'm Renanto. Will we know where your property line is? There are red flags in the woods. Town of Wappinger Zoning Board of Appeals Page 7 Minutes of April 27, 2004 '-' Mr. Fanuele: Mr. Warren: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:00 PM Respectfully Submitted, A aJ;tlliL t?~ ' ~a Roberti, Secretary Secretary - Zoning Board of Appeals ....... ..."