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2004-01-13 ZONING BOARD OF APPEALS January 13, 2004 ~ Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: January 13th, 2004 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve Minutes for December 9, 2003. Approve Site Minutes for November 29, 2003. Approve Site Minutes for January 10, 2004. Public Hearine:s: 03-7210 Richard & Donna Lone: -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a side yard setback of 25 feet is required, the applicant is proposing a side yard setback of 20 feet to allow for a 2 car detached e:arae:e thus reQuestine: a variance of 5 feet. The property is located on 6 Brown Road and is identified as Tax Grid No. 6357-01- 045709 in the Town of Wappinger. ~ Discussions: 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 existine: in e:round pool thus reQuestine: 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. 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 required, the applicant is proposing a side yard setback of 10 feet to allow for a 2-storv addition thus reQuestine: 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. '-" 1 ZONING BOARD OF APPEALS January 13,2004 \., 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. ~ 03-7214 SLD Holdinl!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 seweral!e treatment system. thus reauestinl! 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 conditioninl! units. thus reQuestinl! 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 I!enerator. thus reQuestinl! 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 reQuestinl! a variance of 34 feet. 5. -Where a side yard setback of 10 feet is reQuired, 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 reQuestinl! a variance of 6 feet. 6. -Where a minimum lot size of 2 acres is reQuired, the applicant is proposing a lot size of .52 acres for a commercial office buildinl!. thus reQuestine a variance of 1.48 acres. 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 January 13,2004 '-' MINUTES ,I' Town of Wappinger Zoning Board of Appeals January 13, 2004 Summarized Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Mr. Fanuele, Mr. Prager, Mr. diPierno, Mr. Warren, Mr. DellaCorte, Chairman Vice-Chairman Member Member Member Members Present: Others Present: Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary ~ SUMMARY Public Hearin2s: Long -Granted Variance with conditions. Discussions: Ramesh & Hansa N aik -Public Hearing on January 27,2004. Robert & Judith Albert -Public Hearing on January 27,2004. Michael Agunzo -Public Hearing on January 27,2004. SLD Holdings, LLC -Public Hearing on January 27,2004. "'" Page 2 Town of Wappinger Zoning Board of Appeals ~ Mr. diPierno: Mr. Prager: Vote: Mr. diPierno: Mr. Prager: Vote: Mr. diPierno: Mr. Prager: Vote: Minutes of January 13, 2004 Motion to approve Minutes for December 9th, 2003. Second the motion. All present voted aye. Motion to approve Site Minutes for November 29th, 2003. Second the motion. All present voted aye. Motion to approve Site Minutes for January 10t\ 2004. Second the motion. All present voted aye. 03-7210 Richard & Donna Lon2 -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. _ Where a side vard setback of 25 feet is required, the applicant is proposing a side vard setback of 20 feet to allow for a 2 car detached 2ara2e thus reQUestin2 a variance of 5 feet. The property is located on 6 Brown Road and is identified as Tax Grid No. 6357-01- 045709 in the Town of Wappinger. ~ Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mrs. Roberti: Mr. Long: Mr. Fanuele: Mr. Long: ~ Motion to open the public hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. I am looking to build a 2 car garage at the end of my existing driveway. I can only reasonably provide a 20 foot side yard setback which is why I need a 5 foot variance. Does anyone in the audience have any comment for or against this? Hearing none. I noticed the shed is close to the property line. Will it stay there? I'd like to keep it and I received a shed amnesty on this. The shed is 12 X 12 feet. Town of Wappinger Zoning Board of Appeals \..... Mr. Prager: Mrs. Lukianoff: Mr. Fanuele: Mr. Long: Mr. Fanuele: Mr. Warren: Vote: Mr. Prager: Mr. diPiemo: Call Roll: ~ Page 3 Minutes of January 13,2004 Tania what size is the shed amnesty? A shed less than 200 sf. How close will this be to the proposed garage? About 2 feet. Does anyone on the board have any questions? Hearing none. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to approve the variance since this is not substantial, there will be no adverse effects to the neighborhood and I don't think this will change the character of the neighborhood. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. DellaCorte: Abstain. Mr. Fanuele: 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 existin2 in 2round pool thus reQUestin2 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. N aik: Mr. Fanuele: '-" Two months ago I came in for a shed amnesty and asked that my property be checked in the building office. They found that my in ground pool didn't have a building permit. I bought the house 25 years ago and it is on my survey. I even have a letter from the assessor from 1979 saying I had it. So now they say I need a building permit and a variance. The rules are getting stricter and the banks require that all properties have no violations. This will save you time eventually if you go to sell. /' Town of Wappinger Zoning Board of Appeals Page 4 Minutes of January 13, 2004 Mr. Naik: This should be grandfathered, but whatever, I already paid different fees to the town so I will do whatever is necessary. ~ Mr. diPiemo: The pool was there when you bought it? Mr. Naik: Yes. Mrs. Lukianoff: In 1979 the code required a smaller setback. In the 90's the setback became more substantial. If the pool had a permit it would have been honored. But since there was no permit opened when it was installed it must now meet today's standards. Mr. Prager: So we are only talking about the pool? Mrs. Lukianoff: Correct. Mr. Fanuele: We are lookin~ at a 56% variance on 22 feet. We'll have a site visit on January 1 i , 2004 and we will schedule your public hearing for January 27,2004. \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 required, the applicant is proposing a side yard setback of 10 feet to allow for a 2-storv addition thus requestin2: 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: Robert Albert - owner Brett Farisi contractor Mr. Albert: My parents bought this home in 1979 and I bought it from them this October 2003. I have three children and need another bedroom. The house is on a hill and I have a small back yard. Mr. Farisi: I brought aerials for the board to see. At this time he brought the aerials up to the board to see. Mr. Prager: What are these in the pictures? Mr. Farisi: Sheds. This one here is going to go. This property has over a 37% incline here. ~ /" Town of Wappinger Zoning Board of Appeals Mr. Fanuele: '-' Mr. Farisi: Mr. Prager: Mrs. Lukianoff: Mr. Farisi: Mr. Albert: Mr. Fanuele: Page 5 Minutes of January 13, 2004 Can we get copies of these plans? Yes, these are revised drawings. In your statement under number 7 you state that there are similar properties in your neighborhood. Tania can you please check to see if other properties in his neighborhood also have similar variances? Yes. Check the property at 10 and at 12 Doyle Drive. Also the house on Balfour at the comer of Carroll is putting up an addition. We will schedule a site visit for January 17,2004 and schedule your public hearing for January 27, 2004. 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. \w-. Mr. Agunzo: Mr. Fanuele: Mr. Agunzo: Mr. diPiemo: Mr. Prager: Mr. Fanuele: "'" I'd like to do an addition on the side of my house. I will be following the same line with the front of the house, 12 feet out to the side and 31 feet to the rear. This will just square off the house. I have a picture to show you. There is a small 8 X 8 foot bedroom there now. So you're not coming closer to the road? When was the house built? I would say in the thirties. I bought this in July of2003. Is this the front or the side? He's extending the front line but it's on a county road with a 75 foot setback. Any other questions? Town of Wappinger Zoning Board of Appeals '-' Mr. Prager: Mr. diPiemo: Vote: Mr. Fanuele: Page 6 Minutes of January 13,2004 Motion to be Lead Agency. Second the motion. All present voted aye. We will schedule a site visit for January 17,2004 and schedule your public hearing for January 27,2004. 03-7214 SLD HoldiDl!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 sewerae:e treatment system. thus reQuestine: 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 conditionine: units. thus reQuestine: 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 e:enerator. thus reQuestine: 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 reQuestine: a variance of 34 feet. 5. -Where a side yard setback of 10 feet is reQuired, 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 reQuestine: a variance of 6 feet. 6. -Where a minimum lot size of 2 acres is reQuired, the applicant is proposing a lot size of .52 acres for a commercial office buUdine:. thus reQuestine: a variance of 1.48 acres. 1:.. -Where a minimum street frontae:e of 150 feet is reQuired, the applicant is proposing a street frontae:e of 149.33 feet, thus reQuestine: 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. Cantor: ~. Dan Koehler Richard Cantor Arthur DeDominicus Mr. Cantor gave an overview of the project from the re-zoning with the Town Board, which changed this from residential to Highway Business to where they are before the Planning Board. I met with Al Roberts and Tania Lukianoffwith Dan Koehler to review the plan and ascertain those variances that would be required to build this proposed building. There is actually one more variance that we will need to add to the Town of Wappinger Zoning Board of Appeals \.... Mr. Koehler: Mr. Fanuele: Mr. Koehler: Mr. Warren: Mr. Koehler: Mr. Fanue1e: Mr. Cantor: '-' Mr. Fanuele: Mr. Prager: Mr. Koehler: Mr. Warren: Mr. Koehler: Mr. Prager: Page 7 Minutes of January 13, 2004 application. The lot is approximately 8 inches deficient of lot frontage, because a few years ago there was a DOT taking for Route 9 which left the lot even smaller than it had been. So that's the overview as to why we are before you. Gave overview of the different variances and the need for them. The sewerage treatment system variance will be necessary until public sewer is brought to this site on Route 9. Where does the out flow run to? To Route 9. The dumpster is in the front but is heavily screened from Route 9 and the neighbor. We need these variances because of the determination that these items are structures. How many gallons a day for the sewerage? We designed it for 600 gallons per day. But it is expected to be less than 510 gallons a day. Has this been re-zoned already? Yes it has been re-zoned. I will provide you with a copy ofthe Town Board resolution. As to the variance for the dumpster in the front, I don't like a dumpster in the front. Can you move it? It's hard to locate this in the rear for the garbage truck movement and we asked Mr. DiNonno since he's the neighbor there and he was alright with it. How big is the dumpster? The pad is 6 X 10 feet. What type of tenants will go in there and how many? Mr. DeDominicus: The whole top floor will be me and I am associated with a financial planning firm that will be downstairs. So pretty much three quarters of the building will be me. Mr. Fanuele: ",. Why are you showing so much fill on the south side and why can't you put the dumpsters there? Town of Wappinger Zoning Board of Appeals Page 8 Minutes of January 13, 2004 '-' Mr. Koehler: The grading plan shows that it drops off there and there wouldn't be any way to get the trucks in there easily. Mr. Cantor: We understand your concern with regards to the site plan but respectfully I think that it is a planning board issue and they are ok with it. Mr. Prager: It looks like a lot of screening is around that. Mr. Fanuele: The sixth one I don't think we have to act on it because it is an existing non-conforming lot. Mr. Cantor: It does require a variance. Mr. Fanuele: I would have to check on that. Mr. Cantor: We meet with Mrs. Lukianoff and Mr. Roberts on this issue. Mr. Prager: I would like to see something from the planning board on their feelings on this project. Mr. Koehler: I'll take care of that. \." Mr. Fanuele: I would like information as to if this was re-zoned by the public hearing. Mr. Cantor: I will provide that for you. Mr. Fanuele: I'll set the public hearing for January 27,2004. Mr. Prager: Mr. diPierno: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM Respectfully Submitted, Barbara Roberti, Secretary Secretary - Zoning Board of Appeals ~