2013-10-22 (2)Town of Wappinger
Zoning Board of Appeals October 22, 2013 Minutes
Mr. Carrie: There are no windows facing us at all.
Mr. Della Corte: Are there anymore questions?
Mr. Della Corte: Hearing none, can I have a motion to close the Public
Hearing?
Mr. Galotti: I make a motion to close the Public Hearing.
Mr. Johnston: Second.
Mr. Della Corte: Can I have a motion to grant or deny this variance?
Mr. Galotti: I make a motion to grant this variance.
Mr. Johnston: Second.
Mr. Horan: Before the meeting, I had the Zoning Administrator pull
what files had variances that were granted in the area. The
record should show that in 1986 there was a side yard
variance for a house on Robinson Lane and it was 10 feet.
In 1999 there was a variance granted for 112 Robinson
Lane. There was a 7 foot variance granted at 123 Robinson
Lane. In 2002 on Paulette Lane had a variance granted. On
Rose Lane there was a variance granted for a garage with a
7 foot setback. On Joan Lane there was a 20.5 variance for
the construction of a house a house. 94 Robinson Lane there
was a variance for 17.7 foot front yard setback that was
granted. In respect to this being substantial, there have
been variances in this area that are the same substantial
nature as this and they were granted. Legally this would not
necessarily be considered out of precedence for this area.
Mr. Della Corte: Roll call vote.
Ms. Rose: Tom Della Corte Aye
Bob Johnston Aye
AI Casella Aye
Peter Galotti Aye
Mrs. Roberti: A letter was sent today from Jennifer Van Tuyl, the attorney
for Mini Prestige, they are withdrawing the variance for the
height of the sign and they are going to continue with the
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Town of Wappinger
Zoning Board of Appeals October 22, 2013 Minutes
Public Hearing just for the cube. At last night's Planning
Board meeting they decided to included the height of the
sign.
Mr. Horan: And the setback.
Mrs. Roberti: And the size of the sign.
Mr. Della Corte: The sign will be coming down?
Mrs. Roberti: No, the height of the sign will be equal to the other signs
but they have a much lower location.
Mr. Horan: There is a provision in the Town Code, with respect to signs,
that allows the board to grant waivers for all of the sign
criteria's. The setback, the height, and the sign size
providing it is consistent with the site plan. In the past,
probably the chairman of the board did not want the
Planning Board to exercise the jurisdiction and instead sent
them before the Zoning Board of Appeals to go through the
process to get the variance rather than a waiver. From our
point of view, it is much better. I think it is a good thing for
the ZBA.
Mr. Johnston: The same as we issue a use variance goes with the
property. When they issue a waiver, is that only for that
one.
Mr. Horan: It would go with the site plan. It is probably a better way of
doing it because if you grant a variance it goes beyond the
site plan.
Mrs. Roberti: Say Mini Cooper moves out and Mercedes moves in and they
want a different sign in a different location, they are back to
square one. They would have to go to the Planning Board
but if you granted a variance they could put another sign in
that spot but not a bigger sign.
Mr. Casella: Is this going to be a permanent change by the Planning
Board?
Mrs. Roberti: We'll have to see because this is the first time they exercised
it. We are trying to change some of the zoning code because
some of it is very old. We have meetings called quick fixes
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Town of Wappinger
Zoning Board of Appeals October 22, 2013 Minutes
and right now we are discussing signage.
Mr. Casella: What does it take to change the code?
Mrs. Roberti: I sit with the planner, attorney and the engineer.
Mr. Casella: Does it have to go through New York State?
Mr. Horan: No, it has to go through County Planning. One of the
problems with the code is the sign code is uniformed no
matter where you are in the town.
Mrs. Roberti: It would go to the Town Board and the County Planning for
them to weigh in on it and then there would be a Public
Hearing. If it gets voted in, then the Town Clerk sends it up
to the state.
Mr. Horan: The reason it takes so long is because of the process it is a
multitude of change. We don't do one at a time.
Mrs. Roberti: We are doing between 20 and 25 code changes at this time.
Mr. Horan: When a code is change, you have to track down references
in other places. I think in the case of signs it is better if it
stays with the Planning Board.
Mr. Johnston: What is going on with Easter Road?
Mr. Horan: I haven't heard anything yet.
Mr. Johnston: Does the 911 system recognize Easter Road?
Mrs. Roberti: It is a paper road and each house has a number.
Mr. Horan: What about common driveways?
Mrs. Roberti: We allow up to 3.
Mr. Horan: I think by law if there are 4 homes on a common driveway
you have to give it a street name.
Mrs. Roberti: Yes but we only allow 3.
Mr. Galotti: I make a motion to adjourn.
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Town of Wappinger
Zoning Board of Appeals
Mr. ]ohnston:
Mr. Della Corte:
Board:
Second.
All in favor?
Aye.
October 22, 2013 Minutes
Respectfully Submitted,
Susan Rose, Secretary
Zoning Board of Appeals
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