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2013-11-12 (2)Town of Wappinger Zoning Board of Appeals MEETING DATE: November 12, 2013 TIME: 7:00 PM Acceptance of the 2014 meeting dates. Public Hearing: Appeal No. 13-7506 Town Hall 20 Middlebush Road Wappinger Falls, NY Prestige Mini (Krisujen Realtv, L.P.)-Is seeking an area variance of Section 240-37 & 240.29 F (2) (a) of Zoning Regulations in an HB Zoning District. -Where an automobile disulav structure must be 75 feet from the urouerty line when located on a state or county road, the applicant can only provide 53 feet for an automobile display structure, thus requesting a front yard variance of 22 feet. The property is located at 1162 Route 9 and is identified by Tax Grid No. 6157-04- 674155 in the Town of Wappinger. Appeal No. 13-7511-Is seeking an area variance of Section 240-37 of Zoning Regulations in a R40/80 Zoning District. -Where in no case shall accessory structures be uermitted in the front yard, the applicant has an existing I/G 15' X 24' pool in their front yard. -Where in no case shall accessory structures be permitted in the front yard, the applicant has a hot tub in their front yard. -Where in no case shall accessory structures be permitted in the front yard, the applicant has a uavilion for wood storage in their front yard. The property is located at 68 Diddell Road and is identified by Tax Grid No. 6359- 03-383254 in the Town of Wappinger. ,.. { Town of Wappinger Zoning Board of Appeals Town of Wappinger Zoning Board of Appeals November 12, 2013 Summarized Minutes Members: Mr. Prager Mr. Della Corte Mr. Casella Mr. Johnston Mr. Galotti November 12, 2013 Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Member-Absent Member Member Member Others Present: Mrs. Barbara Roberti Ms. Sue Rose Mr. Horan MINUTES Zoning Administrator Secretary Attorney SUMMARY Prestige Mini Granted Ray Alexander & Melandie Williamson Site Visit & Public Hearing Town of Wappinger Zoning Board of Appeals November 12, 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- --Absent AI Casella-----------Here Bob Johnston-------Here Peter Galotti--------Here Mr. Prager: Do I have a motion to accept the meeting dates for 2014? Mr. Casella: I make a motion to accept the meeting dates. Mr. Galotti: Second. Mr. Prager: The first item on the agenda is a Public Hearing on: Appeal No. 13-7506 Presticte Mini (Krisuien Realty, L.P.)-Is seeking an area variance of Section 240-37 & 240.29 F (2) (a) of Zoning Regulations in an HB Zoning District. -Where an automobile disnlav structure must be 75 feet from the property line when located on a state or county road, the applicant can only provide 53 feet for an automobile display structure, thus requesting a front yard variance of 22 feet. The property is located at 1162 Route 9 and is identified by Tax Grid No. 6157-04- 674155 in the Town of Wappinger. Mr. Prager: Can I have a motion to open the Public Hearing? Mr. Johnston: I make a motion to open the Public Hearing. Mr. Casella: Second. Mr. Prager: All in favor? Board : Aye. Ms. Van Tuyl: My name is Jennifer Van Tuyl and I am representing Prestige Mini. We are here for a single area variance. A setback variance where 75 feet is required, we can only provide 53 feet for a display structure for a single mini vehicle. We reviewed this the last time and you have a photograph in your packet. Mini is a dealership that 2 Town of Wappinger Zoning Board of Appeals November 12, 2013 Minutes doesn't like to have a whole row of cars on the front property line. In the Town of Wappinger you are permitted to have cars displays in the front of a dealership. Ironically, this display of a single car requires a variance because it is considered a structure. The nature of the land is causing all this. As you saw when you went out there, the property to the south of it is a higher elevation. There is a curve in the road and there is a lot of excess right away. Mr. Paggi: I don't know what more can be said after Jennifer's explanation. There is a safety factor with this. We are hoping between the sign and the little cube that the folks will be able to see the dealership. They can be prepared to pull into the site without passing it and having to turn around to come back. Mr. Casella: If you are going North on Route 9, it is right after the Valvoline. Mr. Paggi: Correct. Mr. Casella: It is kind of tough to see when you come around that corner. Do you think the sign is going to be in the right location? People are doing 55-65 MPH. Mr. Paggi: Other then coming forward more it is really the only spot for it. Mr. Casella: Are you going to cut down any of that brush? Mr. Paggi: Yes and I have a landscape plan. Right in the middle of this (looking at the map) is going to be the cube and we are hoping it is visible. Mr. Prager: If it is where it is, people will slow down before the entrance. Mr. Paggi: It is a bright color and the mini is very distinguished. Mr. Prager: Does anyone on the board have any questions? Anyone in the audience have any questions? Mr. Bettina: As the councilman for this area, I think it is a great project and it will generate jobs. Mr. Prager: Thank you. Mr. Horan: For the record, within the SEQRA review the Planning Board issued a Negative Declaration. This board now can vote on this variance. 3 Town of Wappinger Zoning Board of Appeals November 12, 2013 Minutes Ms. Rose: Mr. Prager, for the record all the mailings were in order. Mr. Prager: Thank you. Mr. Prager: Can I have a motion to close the Public Hearing? Mr. Johnston: I make a motion to close the Public Hearing. Mr. Galotti: Second. Mr. Prager: All in favor? Board : Aye. Mr. Prager: Can I have a motion to grant or deny this variance? Mr. Galotti: I make a motion to grant this variance. Mr. Casella: Second. Mr. Prager: Roll call vote. Ms. Rose. Mr. Johnston Yes Mr. Casella Yes Mr. Galotti Yes Mr. Prager Yes Mr. Prager: Next on the agenda is a discussion on: Appeal No. 13-7511 Rav Alexander & Melandie Williamson-Is seeking an area variance of Section 240- 37 of Zoning Regulations in a R40/80 Zoning District. -Where in no case shall accessory structures be permitted in the front yard, the applicant has an existing I/G 15' X 24' pool in their front yard. -Where in no case shall accessory structures be permitted in the front yard, the applicant has a hot tub in their front yard. -Where in no case shall accessory structures be permitted in the front yard, the applicant has a pavilion for wood storage in their front yard. The property is located at 68 Diddell Road and is identified by Tax Grid No. 6359- 03-383254 in the Town of Wappinger. 4