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2004-02-10 ZONING BOARD OF APPEALS February 10,2004 ~ Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: February 10th, 2004 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve Site Minutes for January 17, 2004. Approve Minutes for January 13, 2004. Public Heario2s: 03-7211 Ramesh & Hansa Naik -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 17.5 feet to allow for an existine in eround pool thus reauestine a variance of 22.5 feet. The property is located on 3 Deer Run Road and is identified as Tax Grid No. 6358-03- 096026 in the Town of Wappinger. \w 03-7212 Robert & Judith Albert -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 reauired, the applicant is proposing a side yard setback of 10 feet to allow for a 2-storv addition thus reauestine a variance of 10 feet. The property is located on 14 Dovle Drive and is identified as Tax Grid No. 6257-02- 846550 in the Town of Wappinger. 03-7213 Michael Aeunzo -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a front yard setback of 75 feet is reauired, the applicant is proposing a front yard setback of 40 feet to allow for a 12 X 31 foot addition thus reauestine a variance of 35 feet. The property is located at 71 Osborne Hill Road and is identified as Tax Grid No. 6156- 02-620877 in the Town of Wappinger. -...... 1 ZONING BOARD OF APPEALS February 10, 2004 '-" 03-7214 SLD Holdines. LLC -Seeking six area variances of Section 240-37 of District Regulations in an HB Zoning District. 1. -Where a rear yard setback of 30 feet is reauired, the applicant is proposing a rear yard setback of 9 feet to allow for the construction of a seweraee treatment system. thus reauestine a variance of 21 feet. 2. -Where a rear yard setback of 30 feet is reauired, the applicant is proposing a rear yard setback of 28 feet to allow for the construction of pads to support air conditionine units. thus reauestine a variance of 2 feet. 3. -Where a rear yard setback of 30 feet is reauired, the applicant is proposing a rear yard setback of 28 feet to allow for the construction of a pad to support a back-up electricity eenerator. thus reauestine a variance of 2 feet. 4. -Where a front yard setback of 75 feet is reauired, the applicant is proposing a front yard setback of 41 feet to allow for the construction of a pad to support a dumpster for refuse removal. thus reauestine a variance of 34 feet. 5. -Where a side yard setback of 10 feet is reauired, the applicant is proposing a side yard setback of 4 feet to allow for the construction of a pad to support a dumpster for refuse removal. thus reauestine a variance of 6 feet. 6. -Where a minimum lot size of 2 acres is reauired, the applicant is proposing a lot size of .52 acres for a commercial office buUdine. thus reauestine a variance of 1.48 acres. 1:.. -Where a minimum street frontaee of 150 feet is reauired, the applicant is proposing a street frontaee of 149.33 feet, thus reauestine a variance of 8.04 inches. The property is located on Route 9 and is identified as Tax Grid No. 6156-02-737984 in the Town of Wappinger. \., ~ 2 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of February 10,2004 '-" MINUTES MiNUTES APPROVED MAR ~) ~-) 2nU4 Town of Wappinger Zoning Board of Appeals February 10, 2004 Summarized Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Mr. Fanuele, Mr. Prager, Mr. diPiemo, Mr. Warren, Mr. DellaCorte, Chairman Vice-Chairman Member Member Member Members Present: Others Present: Mr. Caviglia, Special Counsel Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary ~ SUMMARY Public Hearines: Ramesh & Hansa Naik -Variance Granted. Robert & Judith Albert - Variance Granted with a condition. Michael Agunzo -Variance Granted. SLD Holdings, LLC -Variances Granted with conditions. '--" Town of Wappinger Zoning Board of Appeals "-" Mr. diPierno: Mr. Prager: Vote: Mr. diPierno: Mr. Prager: Vote: Page 2 Minutes of February 10, 2004 Motion to approve Minutes for January 13th, 2004. Second the motion. All present voted aye. Motion to approve Site Minutes for January 17th, 2004. Second the motion. All present voted aye. 03-7211 Ramesh & Hansa N aik -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 17.5 feet to allow for an existinl! in l!round pool thus reQuestinl! a variance of 22.5 feet. The property is located on 3 Deer Run Road and is identified as Tax Grid No. 6358- 03-096026 in the Town of Wappinger. Mr. diPierno: Mr. Prager: Vote: \.... Mr. Fanuele: Mrs. Roberti: Mr. Caviglia: Mr. Fanuele: Mrs. Roberti: Mr. Naik: Mr. Fanuele: Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. At this time the applicant was sworn in. Are the mailings in order? Yes. I brought the property in 1979 and the pool came with the property. A couple of months ago I questioned the building department about my property during the shed amnesty and Shelley found my pool had no permit. I applied for the permit and found that my pool didn't meet the zoning setback. Is there anyone in the audience with a question or comment? Mr. Hollingsworth: This pool backs up to my property and I have no problems with where it is. '--' Town of Wappinger Zoning Board of Appeals Mr. Fanuele: '-" Mr. diPierno: Mr. Prager: Vote: Mr. Prager: Mr. diPiemo: Vote: Mr. diPierno: Mr. Warren: Vote: Mr. Prager: Mr. diPiemo: Roll Call: \w. Mr. Fanuele: Page 3 Minutes of February 10, 2004 Anyone else? Hearing none. We had a site visit out at this property a few weeks ago. 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. There doesn't seem to be any adverse effects to the neighborhood, the variance is substantial at 56% but he can't really move it. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. You can keep your pool. Now you will receive your building permit as the process continues. 03-7212 Robert & Judith Albert -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 reauired, the applicant is proposing a side yard setback of 10 feet to allow for a 2-storv addition thus reauestine: a variance of 10 feet. The property is located on 14 Doyle Drive and is identified as Tax Grid No. 6257-02- 846550 in the Town of Wappinger. Present: Mr. Warren: Mr. Prager: Vote: '-' Robert Albert - owner Brett Farisi contractor Motion to open the Public Hearing. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals '-' Mr. Fanuele: Mrs. Roberti: Mr. Caviglia: Mr. Albert: Mr. Fanuele: Mr. Prager: Mrs. Lukianoff: '-' Mr. Albert: Mrs. Lukianoff: Mr. Prager: Mr. Fanuele: Mr. Prager: Mr. Prager: Mr. diPiemo: Vote: Mr. diPierno: Mr. Warren: Vote: '--' Page 4 Minutes of February 10, 2004 Are the mailings in order? Yes. At this time the applicant was sworn in. I'm looking for extra room in my house because I have two children and the house is too small. Because of the hill in the back yard we are limited as to where the addition can be. We'd like to keep it to the side so we save the small backyard for a place for the kids to play. Does anyone in the audience have any questions or comments? Hearing none. At the last meeting I did ask for information regarding other properties in the area. Mr. Albert did mention that several homes had large additions close to the property lines. We researched this and found that there were no variances on that road. We checked the surrounding areas also. I've been there since 1979 and have seen many new additions go onto nearby homes. They apparently did not need a variance for these additions. Susan even went out and drove around looking. Thank you for checking, that's all I need. We did a site inspection on this property and you have quite a hill there. I don't think he has much of an option there. 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. Town of Wappinger Zoning Board of Appeals '-' Mr. Prager: Mr. Warren: Vote: Mr. Prager: Mr. diPiemo: Roll Call: Page 5 Minutes of February 10, 2004 Motion to declare lead agency. Second the motion. All present voted aye. Motion to grant the variance. At 50% this is substantial but it doesn't seem to be detrimental to the character of the neighborhood. I don't think the addition will be undesirable and due to the hill in the rear this is the only place to really put the addition. I would add a condition that the sheds on the property are removed. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. 03-7213 Michael Al!unzo -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a front yard setback of 75 feet is required, the applicant is proposing a front yard setback of 40 feet to allow for a 12 X 31 foot addition thus reQuestinl! a variance of 35 feet. The property is located at 71 Osborne Hill Road and is identified as Tax Grid No. 6156-02-620877 in the Town of Wappinger. '-' Mr. Warren: Mr. diPiemo: Vote: Mr. Fanuele: Mrs. Roberti: Mr. Caviglia: Mr. Agunzo: '-' Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. At this time the applicant was sworn in. This is a small addition on a very small house. I have two children who come over every week and we have no room for them. We have a small bedroom that we would like to remove and add an addition to that side of the house. Town of Wappinger Zoning Board of Appeals '-' Mr. Fanuele: Mr. Prager: Mr. diPierno: Mr. Prager: Vote: Mr. diPierno: Mr. Warren: Roll Call: '-' Mr. Agunzo: Page 6 Minutes of February 10, 2004 Is there anyone in the audience who has a comment or a question? Hearing none. We did a site visit to this property. I just want to make a comment that he is not going further away then where the house is located today. The house is 42 feet from the property line and he is just going sideways. I agree. Motion to close the public hearing. Second the motion. All present voted aye. I'll make a motion to grant the variance because it won't make much change to the neighborhood, it's not substantial and this seems to be the best alternative for him and it presents no adverse effect. Second the motion. Mr. Warren: . Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Thank you gentlemen. 03-7214 SLD HoldiBl!s. LLC -Seeking six area variances of Section 240-37 of District Regulations in an HB Zoning District. 1. -Where a rear yard setback of 30 feet is required, the applicant is proposing a rear yard setback of 9 feet to allow for the construction of a sewera2:e treatment system. thus reQuestin2: a variance of 21 feet. 2. -Where a rear yard setback of 30 feet is required, the applicant is proposing a rear yard setback of 28 feet to allow for the construction of pads to support air conditionin2: units. thus reQuestin2: a variance of 2 feet. 3. -Where a rear yard setback of 30 feet is required, the applicant is proposing a rear yard setback of 28 feet to allow for the construction of a pad to support a back-up electricity 2:enerator. thus reQuestin2: a variance of 2 feet. 4. -Where a front yard setback of 75 feet is required, the applicant is proposing a front yard setback of 41 feet to allow for the construction of a pad to support a dumpster for refuse removal. thus reQuestin2: a variance of 34 feet. '--' Town of Wappinger Zoning Board of Appeals '-' Page 7 Minutes of February 10,2004 5. -Where a side yard setback of 10 feet is reauired, the applicant is proposing a side yard setback of 4 feet to allow for the construction of a Dad to SUDDort a dumDster for refuse removal. thus reauestinl! a variance of 6 feet. 6. -Where a minimum lot size of 2 acres is reauired, the applicant is proposing a lot size of .52 acres for a commercial office buildinl!. thus reauestinl! a variance of 1.48 ~ L... -Where a minimum street frontal!e of 150 feet is reauired, the applicant is proposing a street frontal!e of 149.33 feet, thus reauestinl! a variance of 8.04 inches. The property is located on Route 9 and is identified as Tax Grid No. 6156-02-737984 in the Town of Wappinger. Present: Mr. Fanuele: '-' Mrs. Roberti: Mr. Cantor: '-' Dan Koehler Richard Cantor Arthur DeDominicus At this time the public hearing commenced with Mr. Caviglia stating that Mr. Cantor did not have to be sworn in due to the fact that he is an attorney. Are the mailings in order? Yes. Mr. DeDominicus will be purchasing this property once the approvals are hopefully granted by you and the planning board. He will be building an approximate 5000 sf office building. This is an undersized existing building lot. The Town Board has rezoned this parcel to HB in a limited use. This limits the use to a 3000 sf footprint and only for professional, banking, government or business offices. We reduced the size ofthe building to a 2500 sf footprint. It also provides that at such time that there is public water and sewer along Route 9, the owner ofthe property is obligated to discontinue the onsite water supply and onsite sewerage disposal and connect to the public water and sewerage system. Therefore variance number one is temporary to a span of five years according to Jay Paggi. We are eight inches short of grandfathering. The planning board determined where they wanted the dumpster and the alc units. We have worked long and hard before the planning board and I think we have a site plan they are prepared to approve. I believe they have sent you a letter giving you their recommendation for the variances. Mr. Koehler is still hard at work getting the DEC, DCHD and DOT approvals and I believe that summarizes why we are here. The other issue regarding the rezone I want to clear up. The Town Board wanted the agreement recorded with the DC Clerk and then the Local Town of Wappinger Zoning Board of Appeals ~ Mr. Prager: Mr. Fanuele: Mr. Stein: Mr. Fanuele: Mr. Cantor: .\.., Mr. Fanuele: Mr. diPierno: Mr. Prager: Vote: Mr. Prager: Mr. diPiemo: ~ Page 8 Minutes of February 10, 2004 Law would be sent to the Secretary of State for filing once this was recorded. For reasons that I don't really understand we had a devil of a time getting a Tax J.D. number for Atlantic Mortgage Bankers. We have finally solved the problem and Mr. Roberts now has the documents as of February 2,2004 for the Town Supervisor to sign and have recorded. That was very well explained. Is there anyone in the audience with a question or comment? Donald Stein, 3 Little Road. On the fourth variance regarding the placement of the dumpster, the town is trying to fix up the appearance ofthe town and I don't see anything here about the encroachment to the wetlands. That is a planning board issue as far as the wetlands. The dumpster was discussed and they agreed to screen it well and that can be a condition of our approval. There is no encroachment on the wetlands on this property. There are areas on this property that are federal wetlands under the ACOE jurisdiction, those have been identified by the ACOE and they are satisfied as well as the Town Engineer that this plan is in compliance with the applicable federal wetland regulation. Are there any other questions? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. I motion to grant all the variances as a package. It doesn't seem to be a detriment to the area nor undesirable. There doesn't seem to be an alternative feasible method for this lot. Some variances are substantial but I don't see any adverse effects but I do want the following conditions. 1. The dumpster shall be shielded according to the planning board recommendations. 2. That these variances are a condition of the rezone becoming law. 3. That they don't encroach the wetlands more than the law allows. Second the motion. Town of Wappinger Zoning Board of Appeals '-' Roll Call: Mr. Cantor: Mr. Prager: Mr. diPiemo: Vote: Mr. Warren: Mr. diPiemo: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Page 9 Minutes of February 10, 2004 Aye. Aye. Aye. Aye. Aye. Gentlemen thank you very much. Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM '-' '-' R. .~ os ectfully SU. bm~ "~'. ' rejadrua C<~~ Barbara Roberti, Secretary Secretary - Zoning Board of Appeals