2013-09-10Town of Wappinger Zoning Board of Appeals Town Hall
MEETING DATE: September 10, 2013 20 Middlebush Road
TIME: 7:00 PM Wappinger Falls, NY
Acceptance of the minutes from August 27, 2013
Adjourned Public Hearina•
Aoueal No. 13-7500
]ennifer Younae-Is seeking an area variance of Section 240-37 of Zoning Regulation
in an R-40/80 Zoning District.
-Where a 40 foot side yard setback is required for an existing 20 x 12 car port shed,
the applicant can only provide 15 feet to the rear property line, thus requesting a 25
foot variance.
-Where the code states...in no case shall Accessory Structures be permitted in
the front yard the applicant requests a variance for an existing 12 x 20 shed in her front
yard.
The property is located at 20 Skv Too Drive and is identified by Tax Grid No. 6056-
01-296750 in the Town of Wa~ninaer
Discussion:
Anneal No. 13-7505
DCH-Is seeking an area variance of Section 240-67D of Zoning Regulation in a HB
Zoning District.
-Where displaying of vehicles along sites frontage shall not exceed one vehicle for every
40' of frontage. The applicant can only provide 31' suacina at the south end of
the site & 35' suacina at the north end of the site, these requesting a 9' and 5'
variance to allow 10 cars suaced at 31' and 9 cars suaced at 35'
The property is located at Route 9 & Old Route 9 North and is identified by Tax Grid
No. 6157-02-589645/585606 in the Town of Wanuinaer
Town of Wappinger
Zoning Board of Appeals
Town of Wappinger
Zoning Board of Appeals
September 10, 2013
Summarized Minutes
Members:
Mr. Prager
Mr. Della Corte
Mr. Casella
Mr. Johnston
Mr. Galotti
Others Present:
MINUTES
Chairman
Member
Member
Member
Member
September 10, 2013 Minutes
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Mrs. Barbara Roberti Zoning Administrator
Ms. Sue Rose Secretary
SUMMARY
Jennifer Younge Denied
DCH (Memorial) Zoning Administrator to give Interpretation
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Town of Wappinger
Zoning Board of Appeals
September 10, 2013 Minutes
Mr. Prager: I would like to call the Town of Wappinger Zoning Board of Appeals
to order. Roll call please.
Ms. Rose: Howard Prager-----Here
Tom Della Corte- --Here
AI Casella-----------Here
Bob Johnston-------Here
Peter Galotti--------Here
Mr. Prager: The first item on the agenda is an Adjourned Public Hearing:
Appeal No. 13-7500
Jennifer Younge-Is seeking an area variance of Section 240-37 of Zoning Regulation
in an R-40/80 Zoning District.
-Where a 40 foot side vard setback is required for an existing 20 x 12 car port shed,
the applicant can only provide 15 feet to the rear properly line, thus requesting a 25
foot variance.
-Where the code states in no case shall Accessory Structures be permitted in
the front vard the applicant requests a variance for an existing 12 x 20 shed in her front
yard.
The property is located at 20 Skv Top Drive and is identified by Tax Grid No. 6056-
01-296750 in the Town of Wappinger.
Mr. Prager: Do I have a motion to open the Adjourned Public Hearing?
Mr. Johnston: I make a motion to open the Adjourned Public Hearing.
Mr. Casella: Second.
Mr. Prager: All in favor?
Board: Aye.
Mr. Prager: We did go over this material before and tonight we basically
want to have a motion to grant or deny this variance. We have
enough information from everybody. I would now like a motion to
close the Public Hearing.
Mr. Galotti: I make a motion to close the Adjourned Public Hearing.
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Town of Wappinger
Zoning Board of Appeals
Mr. Johnston: Second.
Mr. Prager: All in favor?
September 10, 2013 Minutes
Board: Aye.
Mr. Prager: Can I have a motion to grant or deny this variance.
Mr. Galotti: I make a motion to deny this variance. It is very difficult to grant
the variance when there are certain criteria's we need to follow.
Basically in order to grant the variance, you don't meet any of
those criteria.
Mr. Casella: Second.
Mr. Prager: Roll call vote.
Ms. Rose: Tom Della Corte
Mr. Della Corte: How do I disagree?
Mr. Horan: Since it is a motion to deny, if you disagree you would vote no.
Mr. Della Corte: No.
Ms. Rose: Bob Johnston Yes
AI Casella Yes
Peter Galotti Yes
Howard Prager Yes
Mr. Prager: The variance has been denied.
Mr. Prager: Next on the agenda is a discussion on:
Appeal No. 13-7505
DCH-Is seeking an area variance of Section 240-67D of Zoning Regulation in a HB
Zoning District.
-Where displaying of vehicles along sites frontage shall not exceed one vehicle for every
40' of fronta4e. The applicant can only provide 31' snacin4 at the south end of
the site & 35' saacin4 at the north end of the site, these requesting a 9' and 5'
variance to allow 10 cars spaced at 31' and 9 cars spaced at 35'.
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Town of Wappinger
Zoning Board of Appeals September 10, 2013 Minutes
The property is located at Route 9 & Old Route 9 North and is identified by Tax Grid
No 6157-02-589645/585606 in the Town of Wanuin4er.
Ms. Mc Nish: I name is Jamie and I am from Larry Paggi's office and
representing DCH Toyota. The variance is to reduce the spacing
between the display parking. (Pointing to the map) this being the
north side. This is where we are looking for the 5 foot variance.
Mr. Prager: Please explain why you need this.
Ms. Mc Nish: DCH agreed to let the town provide a memorial here (pointing to
the map) in the front corner of their property. Previously our site
plan approval had the correct spacing. We had display parking all
the way out to that corner. In order to provide the memorial there,
we had to squeeze our spacing in.
Mr. Casella: When were they given the original approval?
Mrs. Roberti: Around March.
Mr. Horan: There was a prior variance application on the site.
Mr. Casella: I thought that was for the buildings themselves.
Mr. Horan: Correct. It was for the buildings not the parking.
Ms. Mc Nish: That was for the overhead doors.
Mrs. Roberti: Just for the record I would like to say; when they got approval for
the site, all of these display parking spaces met the code. It is only
due to the fact, that only recently, they agreed to allow a memorial
be put on the property and as such they have to get a re-approval.
They are also downsizing the building from a two story to a one
story.
Mr. Prager: Do they feel they need these extra cars there.
Ms. Mc Nish: They do. If you look at the code, the amount of frontage they have
they could have 22 spaces. We show 19 display spots. I don't think
you can see much of a difference. It will be landscaped.
Mr. Della Corte: Are these spots raised?
Mr. Mc Nish: No, these are regular parking spots.
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Town of Wappinger
Zoning Board of Appeals September 10, 2013 Minutes
Mr. Horan: For the board edification the code-Section 240-67 D it reads as
follows:
It has been determined by the Wappinger Town Board that large
unbuffered expanses of parking, stored and/or displayed vehicles
represent impairment to the visual environment of the Town. The
Town Board's purpose in promulgating the following provisions is to
minimize such impairment while balancing the rights of the
business community with those of the general public. The number
of vehicles on any given site shall not exceed a maximum of 70 per
gross acre; this maximum density pertains to all vehicles on the
site, including but not limited to display, storage, repair, and
customer and employee vehicles. Said vehicles shall be
confined to the portions of the site designated for them on the
approved site plan. Further, the parking, storage and display of
vehicles along the site's roadway frontage(s) shall not exceed a
maximum of one vehicle for every 40 feet of frontage.
It does not say a 40 feet spacing. In respect to this site, there is
road frontage along Old Route 9. In some respects, you can
interpret to include the frontage on both sides of the lot and then
a variance is not required.
Mr. Casella: Then it would be an interpretation. This would be something the
Zoning Administer could make a determination on.
Mr. Horan: You could have her make the determination.
Mr. Casella: We have two options. We decide on the variance or the Zoning
Administer makes a determination.
Mrs. Roberti: What is the pleaser of the board?
Mr. Horan: The speediest way would be having the Zoning Administer make a
determination.
Mr. Prager: I would be very happy with that. You don't need a variance and
Mrs. Roberti will be in touch with you.
Mr. Prager: Can I have a motion to adjourn?
Mr. Galotti: I make a motion to adjourn.
Mr. Johnston: Second.
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Town of Wappinger
Zoning Board of Appeals
Mr. Prager: All in favor?
Board: Aye.
September 10, 2013 Minutes
Respectfully Submitted,
Susan Rose, Secretary
Zoning Board of Appeals