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2014-03-25Town of Wappinger Zoning Board of Appeals Town of Wappinger Zoning Board of Appeals March 25, 2014 Summarized Minutes Members: Mr. Prager Mr. Rexhouse Mr. Casella Mr. Johnston Mr. Galotti Others Present: MINUTES March 25, 2014 Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman-Absent Member Member-Acting Chair Member Member Mrs. Barbara Roberti Zoning Administrator Ms. Sue Rose Secretary SUMMARY Michael Goodwin Adjourned until April 22na Carl OToole Site Visit March 29tH Public Hearing April Stn 1 Town of Wappinger Zoning Board of Appeals March 25, 2014 Minutes Mr. Casella: I would like to call the Town of Wappinger Zoning Board of Appeals to order. Roll call please. Ms. Rose: Howard Prager-----Absent Brian Rexhouse- --Here AI Casella-----------Here Bob Johnston-------Here Peter Galotti--------Here Mr. Casella: Do I have a motion to accept the minutes from and February 11, 2014? Mr. Galotti: I make a motion to accept the minutes. Mr. Johnston: Second. Mr. Prager: All in favor? Board : Aye. Mr. Casella: The next item on tonight's agenda is an Adjourned Public Hearing on: Appea114-7515 Michael Goodwin-Is seeking an area variance of 280 A of NYS Town Law and 240-20A of the Town of Wappinger Zoning Code in and R 20/40 Zoning District. -Where any construction of any structure unless the street or highway giving access to said use or structure has been suitably improved to Town road standards for the construction of a modular home, consisting of 3 bedrooms, 1 family room, 1 dining room, 1 bath, central air, and a garage. -The property is located at 35 Dugan Lane and is identified by Tax Grid No. 6256-02-970944 in the Town of Wappinger. Mr. Casella: Can I have a motion to open the Adjourned Public Hearing? Mr. Johnston: I make a motion to open the Adjourned Public Hearing. Mr. Rexhouse: Second. Mr. Casella: All in favor? 2 Town of Wappinger Zoning Board of Appeals March 25, 2014 Minutes Board: Aye. Mr. Casella: I understand that there are some people in the audience that have some comments on this application. Please come up and state your name. Ms. Chan: My name is Catherine Chan and I live at 13 Shady Brook Lane. My property abuts the property on Dugan Lane. We are now in the process of getting our property surveyed because there has been some tree removal which we feel is on our property. We have not been notified of any site inspection. The boundaries are not clearly marked. We feel if the variance is granted it will greatly affect our property. We would like to wait for our survey because we feel some of this construction will be on our property. We feel if this variance is granted we might run into other legal issues. The subject lot does not have the required frontage. Our question is, how is the board going to rectify the fact that there is not enough frontage on this property? The frontage on the Elm Street side is all filled with rocks. The frontage on the Dugan Lane side is not even a road, it's just a trail. We oppose this area variance because according to your code, there is a section that speaks directly to the welfare of the community. Another speaks of no permit for a building should be given unless on a paved street. Here there is no street access, obviously. If the board grants this to be built, how will this affect our well water and drainage. If you look at the property from an aerial view, we have 3.2 acres. Mr. Goodwin has 3 acres; above him is over 12 acres and to the right is 5 acres. We all have carefully planned emergency vehicle access. We are concerned about the drainage and well water and how this will financially affect our property. If he builds and needs an easement, whose property is it going to be on? We think this will be a detriment to the community. We feel he caused this problem because of the quick claim deed because quick claim deeds do not come with any guarantees. We have problems getting oil trucks to us; I don't know how he would get a fire truck back to his property. Mr. Johnston: What piece of property is yours? (Looking at the map) Mrs. Roberti: Is this your property? (Looking at the map) you exit on Martin from Shady Brook? Ms. Chan: Yes. Mrs. Roberti: You exit on a paper road. Ms. Chan: Reviews map with board. Mrs. Roberti: He is not looking to come through here. He wants to come through here. (Reviewing the map) Town of Wappinger Zoning Board of Appeals March 25, 2014 Minutes Ms. Chan: Our concerns are that if this is granted, he will start cutting down all the trees. Mrs. Roberti: If this variance is granted, he would have to come in for a building permit. He needs a certified as built and show where the house is. We will be very careful to where the setbacks are; on the sides and the rear. He has to have Health Department approval. Then after it is built he has to do an interim once the foundation is in. Then a surveyor has to go back out to make sure the foundation is where it is suppose to be. So he would not be building on anybody else's property. Ms. Chan: We still believe he is coming on to our property. Mr. Johnston: Did you ever have a survey done? Ms. Chan: Yes but the markings are no longer clear and the new survey will be done this week. Will the report show anything about drainage and well? Mrs. Roberti: If this goes through, the town engineer will review the drainage issue. Mr. Casella: If we do grant this, there are many other steps he has to go through before building the house. Ms. Chan: We want to make sure he is not on our property. Mrs. Roberti: If trees are being removed from your property, it is a civil matter. Were you notified of the first Public Hearing? Ms. Chan: No, I found out this on my own. Mrs. Roberti: For the record, I do have the list of mailings and yours was sent. The green card was not sent back. Mr. Casella: Is there anyone else that would like to speak for or against this variance? Mr. Utter: William Utter from 25 Elm Place. I am just here to get information and I have nothing to say at this time. Mr. Casella: Is there anyone else in the audience that would like to speak before we adjourn this Public Hearing? Mr. Johnston: I make a motion to adjourn this Public Hearing until Apri122na Mr. Rexhouse: Second. Mr. Casella: All in favor? 4 Town of Wappinger Zoning Board of Appeals March 25, 2014 Minutes Board: Aye. Mr. Casella: The next item on the agenda is: Appea114-7517 Carl O'Toole- Is seeking an area variance of Section 240-37 of the Town of Wappinger Zoning Regulation in an R-20 Zoning District. -Where 75 feet is required to the front yard property line, the applicant can only provide 51 feet, thus requesting a 24 foot variance for the new construction of a 32' X 32' single family two story residence with an attached 24' X 24' garage and demolishing existing residence on the site. -The property is located at 222 Old Hopewell Road and is identified by Tax Grid No. 6157-02- 735509 in the Town of Wappinger. Mr. Cappelli: My name is Alfred Cappelli and I am the architect representing the applicant. Mr. O'Toole closed on the property five or six month ago and his intent was to renovate the existing building. The house is in pretty bad shape. We came to the conclusion that the money spent in fixing this house up would be better used on new construction. The new house will be 32' X 32'. The original house will stay while construction is taking place and will be used as storage. The house will be taken down after the c/o is obtained for the new house. We are on a county road and we need 75 feet. Since it is a small piece of property, I came up with a 50 foot or so frontage to still be able to maintain a descent back yard. In doing so, trying not to create a side yard variance or a rear yard variance. Mr. Johnston: What about the well and septic? Mr. Cappelli: We are going to use the existing well and trying to locate the existing septic. Mr. Casella: Why are you having a detached garage? Mr. Cappelli: There is going to be a breeze way between the two. Mr. Johnston: What is the measurement of the breeze way? Mr. Cappelli: Maybe eight or ten feet. The applicant wanted a breeze way. Mrs. Roberti: Al and I have spoken about this and I am in favor of this. If they pushed the house back, they would have to come back for a rear variance if they wanted a pool or a shed. Better one variance now, then a lot later. Mr. Casella: Why can't you build on the original foot print? 5 Town of Wappinger Zoning Board of Appeals March 25, 2014 Minutes Mr. Cappelli: They would be sitting right on the road. Mr. Casella: We will have a site visit this Saturday, March 29t" and a Public Hearing for April 8`" Mr. Casella: Any other questions? Can I have a motion to adjourn this meeting? Mr. Galotti: I make a motion to adjourn this meeting. Mr. Johnston: Second. Mr. Casella: All in favor? Board: Aye. Respectfully Submitted, .~_,__ Susan Rose, Secretary Zoning Board of Appeals Meeting ended 7:55PM 6 Town of Wappinger Zoning Board of Appeals Town of Wappinger Zoning Board of Appeals March 11, 2014 Summarized Minutes Members: Mr. Prager Mr. Rexhouse Mr. Casella Mr. Johnston Mr. Galotti Others Present.• Mrs. Barbara Roberti Ms. Sue Rose Mr. Jim Horan MINUTES Chairman Member Member Member Member March 11, 2014 Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Zoning Administrator Secretary Attorney SUMMARY Antonella & Gennaro Mauro Michael Goodwin Variance granted Adjourned until March 25tH Aaron Kellner & Krystal Campbell Variance denied 1 .~ , Town of Wappinger Zoning Board of Appeals March 11, 2014 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 Brian Rexhouse- --Here AI Casella-----------Here Bob Johnston-------Here Peter Galotti--------Here Mr. Prager: Mr. Casella: Mr. Johnston: Mr. Prager: Board: Mr. Prager: Appeal No. 14-7516 Do I have a motion to accept the minutes from November 2, 2013 and February 25, 2014? I make a motion to accept the minutes. Second. All in favor? Aye. The next item on tonight's agenda is a Public Hearing on: Antonella & Gennaro Mauro Is seeking an area variance of 240-37 of the Town of Wappinger Zoning Regulation in an R-40 Zoning District. -Where a 30 foot rear yard setback is required for the installation of a 24' above ground pool with no deck, the applicant can only provide 20 feet to the rear property line, thus requesting at 10 ft. variance. The property is located at 10 Kendell Drive and is identified by Tax Grid No. 6257-03-372438 in the Town of Wappinger. Mr. Prager: Are all the mailings in order? Ms. Rose: Yes sir. Mr. Prager: Do I have a motion to open the Public Hearing? Mr. Casella: I make a motion to open the Public Hearing. Mr. Johnston: Second. 2 Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes Mr. Prager: All in favor? Board: Aye. Mr. Prager: Please explain why you need this variance. Mr. Mauro: My name is Gennaro Mauro. The property isn't that deep and we are looking fora 10 foot variance fora 24 foot round above ground pool. Mr. Prager: We did have a site visit. Does anyone on the board have any question? Is there anyone in the audience have any question? Ms. Ciccarello: My name is Marilyn Ciccarello and I live at 14 Kendell Drive. I would like to know if there is anyway a different size pool could be installed because I think they are going into the conservation area. I don't have a problem with the pool; my concern is the conservation area. Mrs. Roberti: (Pointing to the map) it appears the conservation area is beyond the area they are looking to put the pool in. Mr. Prager: The conservation area is beyond the pool area according to the map. Ms. Ciccarello: That is my only concern. Thank you. Mr. Prager: Is there anyone else in the audience with any questions? Hearing none, can I have a motion to close the Public Hearing? Mr. Galotti: I make a motion to close the Public Hearing. Mr. Casella: 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: Mr. Prager Second. Roll call vote. Ms. Rose: Al Casella Aye Peter Galotti Aye Brain Rexhouse Aye 3 Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes Bob Johnston Aye Howard Prager Aye Mr. Prager: The next item on the agenda is an Adjourned Public Hearing: Appeal 14-7515 Michael Goodwin-Is seeking an area variance of 280 A of NYS Town Law and 240-20A of the Town of Wappinger Zoning Code in and R 20/40 Zoning District. -Where anv construction of anv structure unless the street or hi~hway giving access to said use or structure has been suitably improved to Town road standards for the construction of a modular home, consisting of 3 bedrooms, 1 family room, 1 dining room, 1 bath, central air, and a garage. -The property is located at 35 Dugan Lane and is identified by Tax Grid No. 6256-02-970944 in the Town of Wappinger. Mr. Prager: Can I have a motion to open the Adjourned Public Hearing? Mr. Casella: I make a motion to open the Adjourned Public Hearing. Mr. Johnston: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: Please come up and state your name. Mr. Goodwin: Michael Goodwin and Joshua Indorf. Mr. Horan: Since the last meeting, we did do some research. We did receive a title search from Mr. Indorf's attorney. In looking at the title and some of the town's records it indicates the Dugan Lane was a farm lane created in 1812. It ran all the way to All Angels Hill Road, the length of it was about a mile. In 1962, several owners of the property, at the All Angels end of Dugan Lane, made a petition that the Town Board take over Dugan Lane as a town road. In 1965, the Planning Board sent a letter to the Town Board recommending to accept as a town road. As far as Locust Drive, looking at the maps we don't know if it intersects with Dugan Lane. There was also a discussion in 1965 about requiring a quick claim deed from the property owner. And that is it; there is no subsequent discussion from the Town Board accepting Dugan Lane. The town Highway Superintendent does maintain Dugan Lane up to the black top. It is not a road by dedication but because the town has maintained it for more than ten years and it was used as a public road, it is called a highway by usual. (Pointing to the map) the property here, 4 Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes Dugan Lane would be a private road. The property to the west, does not gain access from Dugan Lane. It gains access from Shady Brook or Martin Blvd; which is a private road. There doesn't seem a need to continue Dugan Lane. It looks like in 1945 the properties were carved out and used other accesses. It appears in 1984, there was a variance that was issued before this lot for a single family home. The one thing that it does not say is how Dugan Lane is to be improved. The implication is that Dugan Lane had to be extended to that property. The minutes are not clear and allows for discussion. It allows a house to be constructed but is unclear how Dugan Lane is to be constructed on the property. Based on the prior variance, the applicant has the right to construct the house. As the code is written, it appears that Dugan Lane would have to be constructed to the town highway standards. The portion of Dugan Lane to the east is not improved to the current town highway standards. This board has the authority to grant a waiver to allow the construction of something less than the highway specifications. At the last meeting I discussed if the town has title to Dugan Lane because if the town does own Dugan Lane then the law would require the applicant to improve the road to town highway standards. Since it is a private road and we don't have ownership, which gives this board a lot more flexibility. In talking to the Highway Superintendent, he would like to see a turnaround at the end of the town maintenance, where ever it would be. The tax map shows a 50 foot right away for Dugan Lane. I have not seen any right away width in the deed. I sent an e-mail to Mr. Indorf s attorney asking if he could get us information on the width. The other option is to extend the black top to Mr. Goodwin's lot and put the turn around on the lot and have the driveway connect to that. Mr. Galotti: Maybe we could make some type of hammer head there. Mr. Horan: From the town's point of view, it makes sense to put a turnaround at the end of the existing maintenance. It maybe easier to extend the pavement and make the turn around on your property. Mr. Indorf: We can't be paying for a turnaround for everyone on the road. Mr. Prager: Can we have Graham Foster way in on this? Mrs. Roberti: The Fire Prevention Bureau reviewed the plans and their answer was -a driveway can be paved and a pull off midway and a turnaround near the house site with a minimum driveway width of 14 feet. Mr. Prager: We are going to wait to hear from Mr. Foster. We will adjourn this until the next meeting. Mr. Prager: Can I have a motion to adjourn this until March 25tH Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes Mr. Galotti: I make a motion to adjourn this until March 25tH Mr. Rexhouse: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: Can 1 have a motion to have an escrow account started in the sum of $2,000? Mr. Galotti: I make a motion to have an escrow account started. Mr. Casella: Second Mr. Prager: The next item on the agenda is: Appeal No. 13-7504 Aaron Kellner & Krystal Campbell - Is seeking an area variance of Section 240-20(A) of the Town of Wappinger Zoning Regulation and 280-a of Town Law in an R-20 Zoning District. -The applicant (Kellner) proposes to access his lot over an easement which has been created over the 1.48 acre Campbell lot, two other lots on Easter Road would also gain access over the Campbell property with the granting of this variance. The properties are located at 76 & 80 Easter Road (Kellner) 54 & 62 Easter Road & 14 Circle Drive (Campbell) and are identified by Tax Grid Nos. 6056-01-294696/326668 (Kellner) & 6056-01-259729/276713/259750 (Campbell) in the Town of Wappinger. Mr. Prager: Can I have a motion to open the Adjourned Public Hearing? Mr. Johnston: I make a motion to open the Adjourned Public Hearing. Mr. Galotti: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: I believe you have some information for us Mr. Adams. Mr. Adams: I would like to submit some estimates that Mr. Kellner has obtained from a local contracting company. Mr. Kellner: We have been talking about the replacement of the culvert and or bridge on Easter Road. There is a long history with this. Mr. Kellner gives board hand outs. Over the years, in attempting to make repairs, we have come up 6 Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes with a lot of problems. They have made it a risky proposition. (Showing pictures to the board) this is some of the water we have seen coming under the bridge during the Irene Storm. The town wanted to see a hydrological study; the study shows there is a lot of water that flows through here. We past on his plan because it was very complex and expensive. His plan was to put in a 16 foot by 7 foot culvert that would replace the bridge. In addition to that, it would need the removal of 1 foot of bedrock under the bridge because if it is not removed there would be too much water to hold up. The plan came to approximately $100,000. The town engineer recommends a small culvert. If I put a culvert in there, who is responsible for that? I am. If this happens again, this little culvert will get washed out. This is not a good thing forme. It is risky and is not nearly as good of a solution as using a bypass road. That estimate is four or five years old so I know it would be higher now. This is why we want to go with the bypass road and not the bridge. Ms. Campbell: I am Krystal Campbell. My husband and I would be against replacing that bridge. If someone gets water in their basement, it would be our fault. People on that road don't want to help but would be out there with their hands out if they know they could get money from us. Aaron's estimate is just for the bridge. It does not include what needs to be done below that. We are talking about a lot of money; the road needs drainage. We will pave across our property and we will build it to whatever the specifications are. This would be a safer alternative. Mr. Kellner: In the future we are looking at the development of the Chelsea Farms Development. With the development of more homes, there will be additional runoff. If you remember, we have been having problems since the Chelsea Ridge Apartments. Mr. Prager: Can I have a motion to close the Public Hearing? Mr. Johnston: I make a motion to close the Public Hearing. Mr. Rexhouse: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: Can I have a motion to go into Executive Session? Mr. Casella: I make a motion to go into Executive Session. Mr. Johnston: Second. 7 Town of Wappinger Zoning Board of Appeals Mr. Prager: All in favor? Board: Aye. March 11, 2014 Minutes Mr. Prager: Can I have a motion to come out of Executive Session? Mr. Johnston: I make a motion to come out of Executive Session. Mr. Galotti: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: I have a decision which reads as follows: TOWN OF WAPPINGER ZONING BOARD OF APPEALS APPLICATION FOR VARIANCE FINDINGS & DECISION Appeal No. Application Date: Applicant Premises Located at: Tax Grid No.: Zoning District(s): Record Owners of Properties: Variance of Code Sections: 13-7504 August 29, 2013 Aaron Kellner & Krystal Campell Lots on Easter Road 6056-01-294696 (76 Easter Road) 6056-01-326668 (80 Easter Road) 6056-01-259729 (54 Easter Road) 6056-01-276713 (62 Easter Road) and 6056-01-259750 (14 Circle Drive) R-20 and R-40/80 Aaron Kellner and Peter and Krystal Campell NY Town Law § 280a & Zoning Code § 240-20 Description of the Premises & Proposed Variance Applicant Aaron Kellner owns two lots designated as tax parcels 6056-01-294696 (76 Easter Road) and 6056-01-326668 (80 Easter Road). Applicants Peter and Krystal Campbell own two lots located on Easter Road: 6056-O1-259729 (54 Easter Road) and 6056-01-276713 8 Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes (62 Easter Road). Peter & Krystal Campbell also own a 1.48 acre lot designated as tax parcel 6056-01-259750 having an address of 14 Circle Drive. Lot 294696 (76 Easter Road) is improved with a structure. A single family house was constructed on Lot 326668 (80 Easter Road) in 1954, according to a letter from Kellner to the Town. Prior to 1960, the Town of Wappinger did not require building permits for the construction of structures. The house on Lot 326668 owned by Kellner was destroyed by fire on June 29, 2004. The Town Fire Inspector and Code Enforcement Officer declared the fire damaged building unsafe and it was removed. In August of 2006, Kellner met with officials of the building department to discuss rebuilding the house at 80 Easter Road. At that time Mr. Kellner was told that the bridge on Easter Road was unsafe and needed to be repaired. He was also informed that in addition to repairing the bridge, Easter Road had to be improved in certain areas to insure access for emergency vehicles and no building permit would be issued unless and until the improvements to Easter Road were made. In 2011, Kellner approached the Town of Wappinger with a proposal to gain access to 80 Easter Road by a right of way over the property of Campbell at 14 Circle Drive (Lot 259750). Under this proposal, the bridge on Easter Road would not be repaired. The Town advised Kellner that a variance pursuant to Town Law §280-a and Town of Wappinger Zoning Code § 240-20 was required in order to obtain a building permit since access to 80 Easter Road was no longer from a street shown on a filed map but rather by a driveway out to Circle Drive. On January 29, 2013, Aaron Kellner applied for a building permit for a structure on Lot 326668 (80 Easter Drive). By letter dated February 20, 2013, Engineer to the Town, Robert Gray, P.E. rejected the building permit. Aaron Kellner appeals the denial of that letter. The letter from the Engineer to the Town provided two separate paths to obtain a building permit. The first path was to obtain authorization under NY Town Law 280-a and Town of Wappinger Code § 240-20 to allow access by means of a driveway over the Campbell Property. The Engineer to the Town noted that "the entire driveway from Circle Drive to the Kellner property will be paved since a significant portion of the access is greater than 6% grade." Under this path a new driveway would be created that would be required to comply with existing Town Code provisions for driveways. The second path outlined by the Engineer to the Town was to replace the existing stream crossing on Easter Road. The Engineer to the Town noted that on Easter Road the "existing bridge is in a state of disrepair and should be restored or replaced with an adequately sized culvert. The culvert could be installed at the same size as the existing culvert downstream at River Road. Prior to approval of this installation, any NYSDEC approvals would be required or proof that the stream is not in a classification that requires NYSDEC permitting." The Applicants Aaron Kellner and Peter and Krystal Campbell seek a variance from the strict provisions of NY Town Law 280-a and Town of Wappinger Code § 240-20. The variances are required because the Applicants seek to gain access to the lots on Easter Road over a 9 Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes driveway to Circle Drive that is not a public highway and is not shown on a map filed in the Office of the County Clerk. Findings of Facts Easter Road Easter Road is shown on a subdivision map entitled "Property Subdivision of Dominick J. Gavin, Old Chelsea Road, Town of Wappinger, Dutchess County" dated July 30, 1948 filed in the office of the Dutchess County Clerk as map number 2259 on May 1, 1950. Filed Map 2259 shows 6 lots. FM 2259 and Easter Road is referred to in a deed from Dominick J. Gavin and Frances Davis Gavin to Hudson-Shannon Corporation dated April 29, 1950 which transferred Lots 1-4 on FM 2259 to Hudson-Shannon Corporation. The April 29, 1950 deed reserved to the Gavins a right of way over the 50 foot wide private road (known as Easter Road). On July 31, 1951, a second subdivision map entitled "Property of Hudson-Shannon Corp. and D.J. Gavin & Others, Old Chelsea Road, Town of Wappinger, Dutchess County" dated July 2, 1951 was filed in the office of the Dutchess County Clerk on July 31, 1951 as Filed Map 2332. FM 2332 showed 9 lots. Lots 1-4 retained the same configuration as shown on FM 2259 and are shown to be owned by Hudson-Shannon Corp. Lot 8 on FM 2332 shows its owner to be W. Wilson and is now Lot 294696 (76 Easter Road) and is also owned by Kellner. William Wilson received title to the premises from Dominick J. Gavin and Frances Davis Gavin in 1950. The conveyance into Wilson included a right of way in common with others along the northerly line of lands of Gavin and Hudson- Shannon Corporation from the Old Chelsea Road. The deed from Gavin to Wilson reserved to the grantors (Gavin) a right of way over a strip of land 50 feet wide along the northeasterly line of the lands conveyed and the power to dedicate said land as a public highway and to grant easements for public utilities. Thus a 50 foot right of way over Lots 1-8 out to Old Chelsea Road was created. Aaron Kellner received title to Lot 294696 (76 Easter Road) by deed from Bertha Kellner dated August 20, 1986 which was recorded in the office of the Dutchess County Clerk at Liber of Deeds 1720 page 752. Lot 9 on FM 2332 shows its owner to be P. Kellner and is now Lot 326668 (80 Easter Road) and is presently owned by Kellner. Aaron Keller is the owner of Lot 326668 (80 Easter Road) by virtue of a deed from Bertha Kellner dated August 20, 1986 which was recorded in the office of the Dutchess County Clerk at Liber of Deeds 1720 page 754. The deed for Lot 9 includes the grant of "a right of way in common with others along the Northeasterly line of lands of Gavin and Hudson-Shannon Corporation to and from the Old Chelsea Road aforesaid." The Applicant argued that there was no reservation of a right of way for lots 7, 8 and 9 in the deeds from Hudson-Shannon Corporation, however the reservation of the right of way was made by Gavin prior to the transfer into Hudson-Shannon Corporation. Subsequent deeds from Gavin transferred the right of way to Wilson and thence to the current owner Kellner. 10 Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes The deed from Gavin to Wilson provides a legal right of way for all lots on Easter Road, including lots 7, 8 and 9, over a 50 foot right of way out to Old Chelsea Road (now River Road). This deed also gives the successors to Gavin the right to dedicate Easter Road as a public road. The attorney to the ZBA caused a search of the Town Clerk's records to be made and there is no offer to dedicate Easter Road to the Town as a public road. Current Owners on Easter Road The followine is a list of the owners of the lots on Easter Road: Properties on Easter Road Record Owner Tax Parcel ID Address Lot Area FM 2332 Reference 1 Stache/Enrico 6056-01-169808 6 EasterRoad 3.4 acres Lot 1 2 Toth 6056-01-197783 20 EasterRoad 1.04 acres Lot 2&p/o 3 3 Bums 6056-01-216765 30 Easter Road 1 acre Lot 4 &p/o 3 4 Hernandez 6056-01-230755 36 Easter Road 0.50 acre Lot 5 5 Leggiero 6056-01-239747 40 Easter Road 0.56 acre p/o Lot 6 + Circle Drive 6 Subrize 6056-01-248739 Easter Road 0.49 acre p/o Lot 6 7 Campbell 6056-01-259729 54 Easter Road 0.7 acre p/o Lot 6 8 Campbell 6056-01-276713 62 Easter Road 1 acre Lot 7 9 Kellner 6056-01-294696 76 Easter Road 1 acre Lot 8 10 Kellner 6056-01-326668 80 Easter Road 3.5 acres Lot 9 Lot 169808 has approximately 300 feet of frontage on River Road. Lot 239747 has 35 feet of frontage on Circle Drive. All of the other lots derive their legal access from Easter Road. Lot 6056-01-239747 (40 Easter Road) During the proceedings it was noted that access to Easter Road was obtained across Lot 239747 with an address of 40 Easter Road. The property is now owned by Noreen Leggiero by virtue of a deed from James F. Bosch, III dated December 22, 2005 and recorded in the office of the Dutchess County Clerk on December 22, 2005 at Document No. 02-2005-11493. The current configuration of Lot 6056-01-239747 was created on July 30, 1995 when former lot 6056-O1-243764 which was 0.18 acres in size having an address of 12 Circle Drive was merged into prior Lot 6056-01-239747 which was 0.38 acres and Lot 243764 was deleted. The two former lots met at a single point, they did not share a boundary line. According to the records of the Town Assessor, Lot 6056-01-243764 (12 Circle Drive) was created by a deed from Arthur Joseph Gadapee and Marjorie Elizabeth Gadapee to Albert Martinet and Carmen Q. Martinent dated February 18, 1961 which was recorded in Deed Book 1051, Page 104 in the office of the Dutchess County Clerk. The 12 Circle Drive lot was trapezoidal in shape having dimensions of: 67 feet along Easter Road, 154 feet perpendicular to Easter Road out to Circle Drive, 35 feet along Circle Drive and thence 157.4 feet at an angle 11 Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes back to Easter Road. The Martinets were owners of a lot on Easter Road at the time they acquired the 12 Circle Drive parcel. Lot 239747 is burdened by a right of way to use the driveway that is recorded in a deed from Rudolph and Hilda Schneider to Carmen Q. Martinet dated January 30, 1980 recorded at Liber 1529 Page 148. The Schneiders were predecessors in title for 14 Circle Drive (Lot 259750) which is now owned by Campbell. A deed from Carmen Q. Martinet to Lucy Martinet dated July 15, 1977 and recorded at Liber of deeds 1466 at page 118 grants the owner of Lot 230755 (36 Easter Road) the "right to cross over the parcel of land on the northerly side of Easter Road acquired by said Albert and Carmen Q. Martinet by deed recorded in Book 1051 Deeds, page 104 for access to Circle Drive." No other deeds have been presented granting the rights of others to cross Lot 6056-01- 239747 (40 Easter Road). The parcel of land recorded in Book 1051 Deeds, page 104 for access to Circle Drive was never offered as a public or private road. A deed into the current owner of Lot 239747, Noreen Leggiero, from James F. Bosch III recorded at Document No. 02-2005- 11493 notes that it is subject to an easement of others but there is no record of other easements than the two noted at Liber of deeds 1466m Page 118 and Liber 1529 Page 148. The applicants have contended that they are entitled to a building permit by virtue of the fact that there is a right of way over Lot 239747 but that is not the case. As this is not a road, only the owner of the Lot 239747 can use the access to obtain a building permit. Even the owner of Lot 230755 (36 Easter Road) may not obtain a building permit as there is no frontage on a Town Road; the deeded right of way is not sufficient. Even if the Applicants could establish that they have a prescriptive right to cross over Lot 239747, such access does not establish the right to a building permit under Town Law § 280-a or Town Code § 240-20 as they no longer have suitably improved access over a road on a plat as Easter Road is not suitably improved. Public Hearing A public hearing on the application was held on January 28, 2014 and continued on February 11, 2014, February 25, 2014 and March 11, 2014. Aaron Kellner, Alex Kellner, Peter Campbell, Krystal Campbell, and their attorney Jon Adams, Esq. spoke in support of the variance. Town of Wappinger Superintendent of Highways Graham Foster testified that he believed the variance should be denied and that the bridge on Easter Road should be replaced by a culvert as outlined by the Engineer to the Town. Superintendent Foster noted that the Campbell Lot on Circle Drive only has 20 feet of frontage on Circle Drive while the Town Code requires 50 foot. Clara Toth, the owner of 20 Easter Road spoke at the public hearing. She testified that she is 9 years old. She stated that the para-transit bus provided by Dutchess County "Dial a Ride" which would take her to doctors' appointments and shopping will not pick her up at her home because Easter Road is in such poor condition. She is force to pay for taxicab service 12 Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes which is costly for her. Ms. Toth testified that she would be willing to contribute to the maintenance of Easter Road and had done so in the past. Review of Town Law 280-a Variance Pursuant to NY Town Law § 280-a(3) a variance to permit a structure on a lot that does not abut a public highway that is suitably improved is to be reviewed by the ZBA in accordance with the standards for an area variance. In determining whether to grant an area variance, a zoning board must consider "the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant" (Town Law § 267-b [3][b]). The zoning board should also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (3) whether the requested area variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. Pursuant to NY Town Law § 280-a(3), the ZBA "may in passing on such appeal make any reasonable exception and issue the permit subject to conditions that will protect any future street or highway layout." In addition to the variance under Town Law §280-a the applicant requires a variance from Town of Wappinger Zoning Code provision § 240-20(A) which requires 50 feet of frontage on a road improved to Town highway specifications. The two variances should be reviewed under the same standard. The ZBA determines that the evidence presented result in the following determinations regarding the above noted factors: Easter Road Not Suitably Improved The Zoning Board of Appeals has visited Easter Road and reviewed the documents submitted regarding its condition. The Zoning Board of Appeals determines that the Engineer to the Town is correct when he states that the bridge on Easter Road is in disrepair and is in need of replacement. In addition to the dilapidated bridge, portions of Easter Road to the east of the Subrize property, Lot 248739 are also not suitably improved. 13 Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes The fact that the bridge is not suitable is corroborated by the testimony of Clara Toth who lives at 20 Easter Drive who stated at the public hearing that she fears traveling on the road and that Dutchess County paratransit will not pick her up at her house, she has to take a cab. There is also an email sent by the Chelsea Fire District stating that the grade of the road is steep and it has question as to the load carrying capacity of the existing bridge. The Applicants note in their application that the bridge was damaged following the approval of the Chelsea Ridge Apartments. The Applicants have submitted that a building permit must be issued because Easter Road is "grandfathered" and that there was a structure previously on the lot which burned down. Town Law 280-a requires that the street or road must be suitably improved at the time of the issuance of the building permit. There is no grandfathering of a substandard road because there are structures on it. Standard for Easter Road Improvement under Town Code 240-20 Town of Wappinger Code §240-20 provides: No building permit shall be issued for the establishment of any use or construction of any structure unless the street or hi~hway giving access to said use or structure has been suitably improved to Town road standards or a bond posted therefor, in accordance with the provisions of § 280-a, Subdivisions 1 and 2, of the Town Law. It should be noted that Easter Road is a private road and is obviously not improved to Town road standards. See Town Code Chapter 214, Article V. The Engineer to the Town has determined under the circumstances, improving Easter Road to the lesser driveway standards where improvement is needed is satisfactory for emergency vehicle access. In light of the history of drainage and erosion issues along Easter Road, suitable drainage must be provided. The Applicants have not requested any variance with respect to improving Easter Road. Change in Character of the Neighborhood Granting of the variance would mean that the lower portion of Easter Road will essentially be abandoned since the bridge would not be repaired. Such abandonment would result in a change in the neighborhood. Abandonment of the bridge on Easter Road would most affect 20 and 30 Easter Road which are the lots closest to the bridge. The Applicant has argued that traffic to and from Easter Road currently traverses Lot 6056-01-239747 (Leggiero) out to Circle Drive and that no additional traffic is being added to Circle Drive. At present, all five lots to the east of Leggiero are vacant: the four lots owned by Campbell and Kellner and the lot owned by Subrize. Issuing building permits to construct or alter residences on these lots would necessarily increase traffic onto Circle Drive. If the variance is granted and the bridge is closed, all access to the structures on Easter Road will be rerouted to two driveways on Circle Drive; one on the Leggiero property and the 14 Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes other on the Campbell property. These two driveways are quite close to each other and enter Circle Drive on a curve. These two driveways exist presently, but neither has a driveway permit issued by the Town as the driveways were created prior to 1970. The Leggiero lot has 35 feet of frontage on Circle Drive and the Campbell lot has only 20 feet of frontage on Circle Drive. The Town Highway Superintendent testified that he was opposed to creating additional traffic over the existing Campbell Driveway which cannot comply with the common driveway specifications. Granting the variance will produce an undesirable change in the neighborhood. Can Benefit Sought Be Obtained By Other Feasible Means The Applicants have taken the position that it is not feasible for them to replace the bridge on Easter Road that crosses an unnamed stream just east of River Road. The Applicants provided a document entitled "The Story of the Easter Road Bridge Replacement Effort" dated February 11, 2014 by Aaron Kellner. At page 3 of the document under the heading "Hydrology & Culvert" there is a discussion of construction estimates that range from $29,000 to $95,000. By letter dated February 11, 2014, Engineer to the Town Robert Gray, P.E. provided his estimate that the cost of replacing the unsafe bridge with two 54" diameter High Density Polyethylene culverts at 20 feet in length would be $35,000. This estimate falls within the range obtained by the Applicant. Based on the estimate of the Engineer to the Town, the cost of repair the bridge is feasible in light of the fact that the cost of improving the private road maybe apportioned among the lots that benefit from the bridge, that is nine lots on Easter Road excluding 6 Easter Road which does not obtain access over the bridge. A cost of $35,000 divided proportionally among nine lots would be $3,888.89 per lot. At the public hearing, Clara Toth the owner of 20 Easter Road stated that she would contribute to the repair of the bridge. Kellner and Campbell own four of the nine lots benefitted by the bridge. Replacing the bridge with two culverts as suggested by the Town Engineer is a feasible method which can be pursued without the need for a variance. The Applicants own four ninths of the lots to the east of the bridge. These four lot owners may seek contribution from the remaining lot owners on Easter Road. At common law, property owners along a private road are required to share ratably in the costs of maintaining the road/and or bridge and would be liable to any person injured for failing to maintain the road and/or bridge. By repairing the bridge, the liability against the property owners along Easter road is reduced. The applicant has another means to achieve the benefit without the need for a variance. Substantial Nature of the Variance The Applicants are essentially requesting that Easter Road be abandoned and a new private road be created. This variance is substantial in nature. 15 Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes The variance proposes that a fifty foot wide private road right of way be replaced with a twelve foot wide driveway. The Applicants propose to use the existing driveway on Campbell Lot 259750 to access three lots on Easter Road. The Applicant proposed to meet common driveway standards by making an 18 foot wide driveway but that does not seem to be possible. The driveway entrance onto Circle Drive shown on the Grading Plan for Easter Road and Access Easement prepared by Paggi, Marin & Del Bene, LLP dated 5/1/2013 is 12 feet in width and takes up the entire 20 foot road frontage of the Campbell parcel because it is not perpendicular to the road frontage. To comply with the requirements for common driveways in the Town of Wappinger Zoning Code, the Applicant proposes to restrict the number of building permits that can be issued off the common driveway to three lots, even though there are five lots on the easterly portion of Easter Road. It is unlikely that this restriction can be equitably enforced without requiring the merger of existing lots. Eliminating a 50 foot private road in favor of a 12 foot driveway is a substantial variance. The Applicants are asking the Zoning Board of Appeals to grant a variance that does not affect just one lot. The variance is substantial because the Applicant is in essence asking the Zoning Board of Appeals to create an open development area within the Town of Wappinger, rather than asking for a variance for a single lot. The authority to grant an open development area lies with the Town Board pursuant to Town Law § 280-a(4) and not the Zoning Board of Appeals. Granting a variance for more than one lot is a substantial variance. Adverse effect on the physical or environmental conditions in the neighborhood As noted above, granting of the variance is tantamount to abandonment of the bridge on Easter Road which have an adverse effect on at least two of the lots on Easter Road nearest the bridge. The time for emergency vehicles to respond to the these properties would be increased because they would have to travel up Lake Drive to Circle Drive, then along Circle Drive to the Campbell driveway and then back down Easter Road, rather than just across the bridge on Easter Road. It is further submitted that it would be easy for emergency response vehicles that were unfamiliar with the street layout to navigate the circuitous route. Furthermore, granting the variance would alter the relationship among the Easter Road lot owners for the maintenance of Easter Road. Granting the variance would cause hardship to the residents at 20 and 30 Easter Road as those two lot owners would now bear the cost of repairing the bridge as there is no incentive for the other lot owners to do so. Hardship Self-Created Since an earlier structure owned by Kellner was destroyed by fire, the hardship on that lot was not self-created. With respect to the two lots owned by the Campbells on Easter Road, that difficulty was self-created as they purchased the lots knowing of the substandard condition of Easter Road. 16 Town of Wappinger Zoning Board of Appeals Decision March 11, 2014 Minutes Applying the standards of Town Law §267-b(3)(b), an area variance cannot be granted because the requested variance will alter the essential character of the neighborhood, the variance can be achieved by other feasible means, the variance is substantial, there will be an adverse effect on the physical conditions in the neighborhood and the alleged hardship has been partially self created. VOTE Application for Variance DENIED. Denial of the permit by the Engineer to the Town dated February 20, 2013 is sustained. The foregoing is the decision of the ZBA. Evidence Presented 1) Application of Kellner & Campbell dated August 29, 2013; 2) Variance Application Supplement revised 11/26/2013 3) Grading Plan for Easter Road and Access Easement prepared by Paggi, Marin & Del Bene, LLP dated 5/1/2013 4) "The Story of the Easter Road Bridge Replacement Effort" dated February 11, 2014 by Aaron Kellner. 5) Letter of Jon Holden Adams re Prescriptive Rights dated March 11, 2014 6) Subdivision map entitled "Property Subdivision of Dominick J. Gavin, Old Chelsea Road, Town of Wappinger, Dutchess County" dated July 30, 1948 filed in the office of the Dutchess County Clerk as map number 2259 on May 1, 1950. 7) Subdivision map entitled "Property ofHudson-Shannon Corp. and D.J. Gavin & Others, Old Chelsea Road, Town of Wappinger, Dutchess County" dated July 2, 1951 filed in the office of the Dutchess County Clerk on July 31, 1951 as Filed Map 2332. 8) Deed from Dominick J. Gavin and Frances Davis Gavin to Hudson-Shannon Corporation dated Apri129, 1950. 9) Deed from Dominick J. Gavin and Frances Davis Gavin to William Wilson dated 1950. 10) Deed from Bertha Kellner to Aaron Kellner dated August 20, 1986 which was recorded in the office of the Dutchess County Clerk at Liber of Deeds 1720 page 754. 11) Deed from Arthur Joseph Gadapee and Marjorie Elizabeth Gadapee to Albert Martinet and Carmen Q. Martinent dated February 18, 1961 which was recorded in Deed Book 1051, Page 104 in the office of the Dutchess County Clerk. 12) Deed from Rudolph and Hilda Schneider to Carmen Q. Martinet dated January 30, 1980 recorded at Liber 1529 Page 148. 13) Deed from James F. Bosch, III to Noreen Leggeiro dated December 22, 2005 and recorded in the office of the Dutchess County Clerk on December 22, 2005 at Document No. 02-2005-11493. 14) Deed from Carmen Q. Martinet to Lucy Martinet dated July 15, 1977 and recorded at Liber of deeds 1466 at page 118. 17 Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes 15) Letter from Town of Wappinger Assessor Thomas E. Logan to Dutchess County Real Property Services dated July 29, 1995 re combining lots. 16) Memo from Town of Wappinger Assessor to Thomas E. Logan dated July 30, 1995 re combining lots. 17) Timeline prepared by Barbara Roberti. Mr. Galotti: I make a motion to deny the variance. Mr. Johnston: Second. Mr. Prager: Roll call vote. Ms. Rose: Al Casella Mr. Casella: Is the yes the denial? Mr. Horan: The motion on the floor is to deny the variance. A firmament vote would deny the variance. Ms. Rose: Al Casella Yes Peter Galotti Yes Brian Rexhouse Yes Bob Johnston Yes Howard Johnston Yes Mrs. Kellner: How do you propose that we rebuild our house? What is your recommendation? Mr. Prager: You are going to have to fix the bridge and fix the road so it is passable. Mrs. Kellner: It is unfortunate that you did not recognize our legal access to Easter Road by Leggiero. For the record, we did not propose to relinquish the legal entity of our private road. This has put undue hardship on us. We did not request the abandonment of Easter Road at any point. We have sustained a financial hardship as a result of this. We have people on the road that are at risk. At the last meeting the consensus from the engineer said millings and oil are acceptable on that hill. The only other person that disagreed was Mr. Foster. He wants to impose highway stipulations on us. Which technically, you cannot because it is a private road. We have made a good faith effort to correct this problem. We are willing to post signs on the bridge as to pass on your own risk, alternate access through Circle Drive. We are willing to put a sign at the end of River Road suggesting using alternate roads via Circle Drive. You say it is going to cause hardship from the people down the street because they have to drive around. Everyone drives around that way anyway. We don't have EMS access. The liability is equally shared. People bought that property 18 Town of Wappinger Zoning Board of Appeals March 11, 2014 Minutes knowing it was a private road. We are putting the town on notice that we the residents do not feel that this issue has not been address adequately. The town needs to step up to the plate and what we are asking is that a committee be formed with the EMS, with planning people, with someone that knows how to change maps. What we are asking is; if could get Leggerio's right away. We have sustained a very large financial loss. With you not recognizing that we have easement by prescription, and we have deeded rights. You have refused to recognize that everybody uses Leggerio's easement. The fact that you will not issue a permit is despicable. We will argue this legally. Mr. Prager: Can I have a motion to adjourn? Mr. Johnston: I make a motion to adjourn. Mr. Rexhouse: Second. Mr. Prager: All in favor? Board: Aye. Respectfully Submitted, r r Susan Rose, Secretary Zoning Board of Appeals Meeting ended 9:45PM 19 Town of Wappinger Zoning Board of Appeals Town of Wappinger Zoning Board of Appeals February 25, 2014 Summarized Minutes Members: Mr. Prager Mr. Rexhouse Mr. Casella Mr. Johnston Mr. Galotti Others Present: Mrs. Barbara Roberti Ms. Sue Rose Mr. Jim Horan MINUTES Chairman Member Member Member Member February 25, 2014 Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Zoning Administrator Secretary Attorney SUMMARY Aaron Kellner & Krystal Campbell Adjourned until March 11th Antonella & Gennaro Mauro Public Hearing March 11th 1 Town of Wappinger Zoning Board of Appeals February 25, 2014 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 Brian Rexhouse- --Here AI Casella-----------Here Bob Johnston-------Here Peter Galotti--------Here Mr. Prager: The next item on tonight's agenda is an Adjourned Public Hearing on: Appeal No. 13-7504 Aaron Kellner & Krvstal Campbell - Is seeking an area variance of Section 240- 20(A) of the Town of Wappinger Zoning Regulation and 280-a of Town Law in an R-20 Zoning District. -The applicant (Kellner) proposes to access his lot over an easement which has been created over the 1.48 acre Campbell lot, two other lots on Easter Road would also gain access over the Campbell property with the granting of this variance. The properties are located at 76 & 80 Easter Road (Kellner) 54 & 62 Easter Road & 14 Circle Drive (Campbell) and are identified by Tax Grid Nos. 6056-01-294696/326668 (Kellner) & 6056-01-259729/276713/259750 (Campbell) in the Town of Wappinger. Mr. Casella: Do I have a motion to open the Adjourned Public Hearing? Mr. Johnston: I make a motion to open the Adjourned Public Hearing. Mr. Rexhouse: Second. Mr. Casella: All in favor? Board: Aye. Mr. Casella: Can I have a motion to adjourn this application to a date certain? Mr. Johnston: I make a motion to adjourn this application to March 11tH Mr. Rexhouse: Second. 2 Town of Wappinger Zoning Board of Appeals February 25, 2014 Minutes Mr. Casella: All in favor? Board: Aye. Mr. Casella: The next item on the agenda is: Aapeal No. 14-7516 Antonella & Gennaro Mauro Is seeking an area variance of 240-37 of the Town of Wappinger Zoning Regulation in an R-40 Zoning District. -Where a 30 foot rear yard setback is required for the installation of a 24' above ground pool with no deck, the applicant can only provide 20 feet to the rear property line, thus requesting at 10 ft. variance. The property is located at 10 Kendell Drive and is identified by Tax Grid No. 6257-03- 372438 in the Town of Wappinger. Mr. Mauro: We are looking to install a 24 foot round pool and the shape of the property is narrow but wide. The salesman came out to the house and suggested the size of the pool and the area to have it installed. Where we want to put it would have the least amount of a variance. Mr. Casella: Is there a pool there today? Mr. Mauro: No. Mr. Casella: Is there anywhere else you can put the pool to have a smaller variance? Is the ground level? Mr. Mauro: We did remove some trees; the pool would be over some stumps. The salesman suggested this spot and we would like the pool behind the house for privacy. Mr. Casella: Are you well and septic or town water and sewer? Mr. Mauro: Town water and sewer. Mr. Rexhouse: How far away from the house are you going to put the pool? Mr. Mauro: It will be closer to the deck. One of the reasons why we picked that spot is because we have a three season room with a deck. In the future we would like to expand the deck to the pool. Mr. Casella: You will have a ladder for the pool. 3 Town of Wappinger Zoning Board of Appeals Mr. Mauro: Yes. February 25, 2014 Minutes Mr. Casella: Do you have a fence to go around the pool? Mr. Mauro: No. Mr. Johnston: Do you have a fence around your property? Mr. Mauro: I have a small decorative fence at the back of my property for the ivy to grow on. Mr. Johnston: Is the pool going to be 48 inches high? Mr. Mauro: It is going to be higher than that. Mrs. Roberti: Above ground pools higher than 48 inches do not need a fence around them. Mr. Rexhouse: You mentioned a three season room and a deck. Is it one or the other or both? Mr. Mauro: Both. Mr. Horan: The only variance that is needed is the rear yard? Mr. Mauro: Yes, we were good with the sides. Mrs. Roberti: This zone is a bonus zone. It is a R40 but it is Kendell Farms, they are only required to have 15 feet to either side and 30 feet to the rear. Mr. Mauro: Even if we went with an oval pool, we would have needed a variance. Mr. Casella: Did you purchase the pool already? Mr. Mauro: There is a deposit down on it. Mr. Casella: We will have a site visit this Saturday, March lst. Is there any way you can mark out where the pool is going to go? I know with the snow it might be difficult. Mr. Casella: Can I have a motion to go into executive session for legal advice? 4 Town of Wappinger Zoning Board of Appeals February 25, 2014 Minutes Mr. Johnston: I make a motion to go into executive session for legal advice. Mr. Rexhouse: Second. Mr. Casella: Can I have a motion to come out of executive session? Mr. Johnston: I make a motion to come out of executive session. Mr. Rexhouse: Second. Mr. Casella: Can I have a motion to adjourn this meeting? Mr. Johnston: I make a motion to adjourn this meeting. Mr. Rexhouse: Second. Mr. Casella: All in favor? Board: Aye. Respectful y Submitted, ~~ Susan Rose, Secretary Zoning Board of Appeals 5 -~ Town of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals February 11, 2014 Summarized Minutes Members: Mr. Prager Mr. Brian Rexhouse Mr. Casella Mr. Johnston Mr. Galotti Others Present: Mrs. Barbara Roberti Ms. Sue Rose Mr. Jim Horan February 11, 2014 Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Member Member Member Member-Absent Zoning Administrator Secretary Attorney SUMMARY Mousa Nesheiwat Variance Granted Michael Goodwin Adjourned until March 11th Aaron Kellner & Krystal Campbell Adjourned until February 25th 1 Town of Wappinger Zoning Board of Appeals February 11, 2014 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 Brian Rexhouse-----Here AI Casella-----------Here Bob Johnston-------Here Peter Galotti--------Absent Mr. Prager: The first item on tonight's agenda is the acceptance of the minutes from January 28thth. Do I have a motion to accept these minutes? Mr. Casella: I make a motion to accept these minutes. Mr. Johnston: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: The next item on tonight's agenda is a Public Hearing: Appeal 14-7514 Mousa Nesheiwat- Is seeking an area variance of 240-37 of the Town of Wappinger Zoning Regulation in an R-40 Zoning District. -Where 50 feet is required to the front yard property line, the applicant can only provide 28.7 feet, thus requiring 21.3 feet for an existing front porch and steps. -The property is located at 94 Robinson Lane and is identified by Tax Grid No. 6459- 03-070409 in the Town of Wappinger. Mr. Prager: Are all the mailings in order? Ms. Rose: Yes sir. Mr. Prager: Can I have a motion to open the Public Hearing? Mr. Johnston: I make a motion to open the Public Hearing. Mr. Rexhouse: Second. 2 Town of Wappinger Zoning Board of Appeals Mr. Prager: All in favor? February 11, 2014 Minutes Board: Aye. Mr. Nesheiwat: I need to get the c/o for my house and this was a very difficult lot to work with. Mr. Prager: Why wasn't the porch on the original drawings? Mr. Nesheiwat: My understanding was and so was my engineer that the variance was for the house. The calculation was from the house; that is where the confusion came from. Mr. Prager: We did have a site visit. You really have no back yard and we did get the letter from your neighbor giving you permission to clear the back yard. Did you plant some trees? Mr. Nesheiwat: I did tell them that I would clean up and plant some nicer trees. Mr. Prager: The only thing that I worry about is the property line. We would like to make sure, if the property was sold to someone else, that the new owners would know where their property line is. We were thinking about the same trees that you already planted on the other lot. Mr. Nesheiwat: I can plant some boxwood bushes. Mr. Prager: Is there anyone in the audience that would like to speak for or against this variance? Mr. Prager: Hearing none from the audience, does anyone on the board have any questions? Mr. Johnston: Did you have a subcontractor build those steps? Mr. Nesheiwat: When we poured the foundation, we also poured for the steps. We had it inspected and I thought everything was alright. Mrs. Roberti: Just for clarification, when the preliminary plot plan came in for the house, this house was going to be a rehab for an existing old house. He had to come in with new plans as he was starting from scratch. The stairs were not on the preliminary, just the box house. The first round of variances was for the front setback and the rear setback. The interim plan only showed the house again. Then he 3 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes came in for his final as built and to get his c/o and that is when the steps where being shown and that is when we discovered he needed this variance. Mr. Horan: For the record, in reference to the prior variance it would be important to note the number of the prior variance. Ms. Rose: The prior variance is 13-7483. Mr. Prager: Can I have a motion to close the Public Hearing? Mr. Johnston: I make a motion to close the Public Hearing. Mr. Casella: Second. Mr. Prager: Can I have a motion to grant or deny this variance? Mr. Casella: I make a motion to grant this variance with a stipulation. I want bushes planted on the property line so when the property is sold the new owners know where their property line is. 5 to 6 5 gallons boxwood bushes. Mr. Prager: Barbara, do you need a cash bond? Ms. Roberti: Yes, it will be inspected to make sure these have been planted and then the bond will be returned. Mr. Nesheiwat: How would that work with the c/o? Mrs. Roberti: It would be a condition on the c/o. It will also be noted that a bond has been put into place with the town so those buyer know that there is something that has to be put in. Mr. Horan: When they are put in, the bond will be refunded. Mr. Rexhouse: Second. Mr. Prager: Roll call vote: Ms. Rose: AI Casella Aye Brian Rexhouse Aye Bob Johnston No Howard Prager Aye 4 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes Mr. Prager: Next item on the agenda is another Public Hearing: Appeal 14-7515 Michael Goodwin-Is seeking an area variance of 280 A of NYS Town Law and 240- 20A of the Town of Wappinger Zoning Code in and R 20/40 Zoning District. -Where any construction of anv structure unless the street or hiahwav aivina access to said use or structure has been suitably improved to Town road standards for the construction of a modular home, consisting of 3 bedrooms, 1 family room, 1 dining room, 1 bath, central air, and a garage. -The property is located at 35 Duaan Lane and is identified by Tax Grid No. 6256- 02-970944 in Appeal No. 13-7509 Mr. Prager: Are the mailings in order? Ms. Rose: Yes sir. Mr. Prager: Do I have a motion to open the Public Hearing? Mr. Casella: I make a motion to open the Public Hearing. Mr. Johnston: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: Please state your name for the record. Mr. Indorf: My name is Joshua Indorf and I am interested in developing a property on Dugan Lane. Mr. Goodwin: My name is Michael Goodwin. Mr. Prager: We did have a site visit. Mr. Prager: (Looking at the map) please explain why you need this. Also explain where the black top ends. Is the person that owns that back lot, did he put that in? Mr. Indorf: Not that I know of. We did have a survey done. 5 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes Mr. Goodwin: Since I have owned the property, the driveway has always been there. He is making a mess down there and I sent him a letter. Mr. Prager: (Pointing to the map) please come up here. This is the road and this is the driveway. Mr. Horan: Is there an existing driveway? Mr. Goodwin: That is an existing driveway. (Pointing to the map) Mr. Prager: (Pointing to the map) this is where the house is going to go? Mr. Goodwin: Yes. Mr. Johnston: (Pointing to the map) it is all undeveloped from here on in? Mr. Goodwin: The whole driveway is proposed. (Pointing to the map) that is a private road back there. Mr. Horan: I don't know if all of Dugan Lane was accepted by the town. At looking at the Town Clerk's records, back in the 60's, down towards this part of Dugan (Pointing to the map) it was a private road and the property owners along the road got a petition up to have the town accept the road. The Planning Board started in 1962 and the plat was done prior to that. There was no typical subdivision process. Back then the requirement was, if you wanted to sell property you have to file the plat in the County Clerk's office. The question becomes and I haven't found anything. Did you have a title search done on this property? Mr. Goodwin: Yes. Mr. Horan: Is there any reference to a map being filed in the County Clerk's office? Mr. Goodwin: I have that information but I haven't looked at it in a while. Mr. Horan: If you can get us the title search, it would be helpful. There are two issues here. One is whether or not this is a town road. There is a quick claim deed referenced in the Town Clerk's office. It seems to have stopped in one particular place. Where it is I don't know. The quick claim deed can go over to Martin Drive. Is it used? Mr. Goodwin: Not really but there are telephones that go down there. 6 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes Mr. Horan: That may indicate that it was a town road because the telephone poles, under New York State Corporation Law, the utilities have the right to put poles in the town's right away without an easement. Did you buy this at a tax sale? Mr. Goodwin: Yes. (Pointing to the map) this road may not have been deeded to the town. We may own all the way out to here. We could have a maintenance agreement from the road that we would take care of it. Mr. Horan: True. The second issue is how good does the road have to be. If the town doesn't own it, and it is a private road, we could consider it as a driveway and you don't have to improve it to town standards. There may be a right away in the future. I don't see an issue with granting you the right to build. There are other lots along here (Pointing to the map). I believe there was an application to build on one of these two. There is an old ZBA application, which I will look up. It is one of these two (Pointing tc the map). One in the 70's and one in the 80's. Mr. Goodwin: These both look like 70's houses. I could go back to Barger to get some more information and then we can schedule another meeting. Mr. Horan: We can move it out a month. I don't have an issue granting the building permit. The road is going to be the issue. Mr. Goodwin: We don't have a problem maintaining the road. Mrs. Roberti: Graham states that they maintain the road up to the black top. Mr. Casella: How would you maintain the road? Mr. Goodwin: It is a family member and it is written in the deed. Mr. Horan: My suggestion would be that where the town maintenance would end put a cul de sac and then a driveway to the house. Mr. Casella: So they can get emergency vehicles up there. Mr. Prager: In the past it was not done and if an emergency they can get in but would have to back out all the way. I know we have a letter from the chief of the Fire Department and the one thing he is 7 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes recommending is a cul de sac. You know that road because if you get a large truck up there it is almost impossible to back out. Mr. Indorf: Would that be our responsibility if it is a town road? Mr. Prager: Everybody is thinking that portion of the road is not a town road. Mr. Johnston: On that Dugan Lane, I noticed that no signs were posted for snow ordinances. I noticed that there are sign on all other town roads. Mr. Horan: There has to be a map someplace. On paper roads that don't go through, the town does not accept more roads than it needs. Mr. Indorf: If we make the road wide enough for fire trucks, for everyone else on that road, they would have to now back out of the other driveways. For us to put a big cul de sac in for the last lot down there we have to figure this out. Mr. Horan: The lot next door is developed. Mr. Indorf: The lot on both sides. Mr. Horan: I'm going to ask Graham if he wants a cul de sac or put the road all the way to Shady Brook and I pretty much know the answer. Mr. Indorf: We are thinking of a driveway 12 or 14 foot wide. Mr. Horan: The driveway would have to comply with the town's specifications. The question is where does the town road end. (Pointing to the map) if this is the end of the town maintenance you have to have an agreement with this owner of this lot. Mr. Indorf: (Pointing to the map) this driveway ends here. Mrs. Roberti: Does this gentleman have two driveways? Mr.Indorf: No. Mr. Goodwin: What we were going to ask if we could have maintenance agreement to where the driveway starts here. (Pointing to the map). Mrs. Roberti: Let's look up his house permit and this house and see if they just kept extending the road. 8 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes Mr. Prager: The quality of the black top didn't look the same. Mr. Goodwin: He does have heavy trucks on it. Mr. Prager: That could be it. Mr. Goodwin: I sent him a letter to let him know he has to get his stuff off my property because he has been dumping on it. Mr. Indorf: He is also dumping on town property. Mr. Prager: (Pointing to the map) it is safer coming in from Dugan Lane. Mr. Horan: (Pointing to the map) I would say put a cul de sac here, a town from here and a driveway here. Mr. Indorf: We would have to do it to the town's standards or will we get a break from the town because it wouldn't pay to build the house. Mr. Prager: What are we going to do now? Mr. Horan: We are going to have the owner provide the title search to the property and I will ask the Town Clerk to find the quick claim deed for Dugan Lane. Mrs. Roberti: I will check on those other two lots to see when they were approved and if they extended the road. Mr. Horan: Depending on how good the title search is, they should have done a street search to see if Dugan Lane is a town road. Mr. Utter: My name is William Utter and I live a 25 Elm Place. My property is in the back. Mr. Horan: Is that a private road? Mr. Utter: Yes. I am really here to get information. Mrs. Roberti: Did you build your house? Mr. Utter: My father did. Mrs. Roberti: Do you know if he needed a variance to build that driveway? 9 Town of Wappinger Zoning Board of Appeals Mr. Utter: I can find that out. February 11, 2014 Minutes Mrs. Roberti: Do you have a maintenance agreement with the other people on Martin? Mr. Utter: We all chip in and pave when it is needed. Mrs. Roberti: So it is more of a gentleman's agreement. Mr. Utter: Yes. Mr. Indorf: Who plows the road? Mr. Utter: My father. Mr. Johnston: I make a motion to adjourn this until March 11tH Mr. Casella: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: The next item on the agenda is an Adjourned Public Hearing on: Appeal No. 13-7504 Aaron Kellner & Krystal Campbell - Is seeking an area variance of Section 240-20(A) of the Town of Wappinger Zoning Regulation and 280-a of Town Law in an R-20 Zoning District. -The applicant (Kellner) proposes to access his lot over an easement which has been created over the 1.48 acre Campbell lot, two other lots on Easter Road would also gain access over the Campbell property with the granting of this variance. The properties are located at 76 & 80 Easter Road (Kellner) 54 & 62 Easter Road & 14 Circle Drive (Campbell) and are identified by Tax Grid Nos. 6056-01-294696/326668 (Kellner) & 6056-01-259729/276713/259750 (Campbell) in the Town of Wappinger. Mr. Prager: Can 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? 10 Town of Wappinger Zoning Board of Appeals Board: Aye. February 11, 2014 Minutes Mr. Horan: I think we should discuss the correspondence we have received. Mr. Prager: We have a time line from our Zoning Administrator, Barbara Roberti and it is dated January 24, 2014. It is for 80 Easter Road building permits. There are a number of letters I would like to get into the record. (Mr. Prager reads time line-a time line is attached to these minutes and is available upon request.) Mr. Johnston: Who took out the permit to fix the bridge? Mrs. Roberti: I couldn't find it. I looked for it because I thought it would be important to see who took it out. Since it would not be Mr. Kellner's grid, I couldn't find a grid that had it. Mr. Prager: Why did Mr. Adams questioned Leigh? Mr. Horan: Because of your relationship with Leigh, he was concerned about you being prejudice. Mr. Prager: I'm not prejudice. Mr. Horan: As we discussed, I don't feel there is a conflict in anyway. For the record, this morning Mr. Adams requested an adjournment of this evenings meeting because of miscommunication concerning Leigh. I sent him an a-mail on February 3~d indicating that I had no problem with him retaining Leigh but Mr. Adams had not read my e-mail. We then received an a-mail from Mr. Kellner stating he was going to get an estimate from a contractor, Stony Kill Excavators, and he still wanted to be on. I would, for the record, go over some of the things that were omitted from the ZBA meetings. In Mr. Kellner's letter dated 3-26-13 building department meeting we had agreed to the terms outlined in Bob Gray's letter, we were given two alternatives. One to re-grade the slope and add some fill and two was to repair the bridge culvert. We chose option one. In choosing option 1 it was subject to obtaining a variance from this board. They have come up with a preconceived notion that based on that letter they have an entitlement to the variance. Bob Gray makes it clear, that if they obtain the variance they need to do certain things and if they don't get the variance they would need to fix the culvert. As I have said along, I think it would be permissible to have the board say you can have the variance and get access over the Campbell property and you still have to fix the culvert. I 11 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes don't think it is necessarily off the table and they would be upset if that is one of the conditions. One of the things that has become evident is there is more going on here and Bob Gray's letter makes it clear that the cost here for the culvert repair is approximately $35,000. I had a conversation this afternoon with Bob Gray concerning his letter and one of the issues Mr. Kellner pointed out in the past is how expensive it would be. I don't know who he spoke to or if he spoke to anyone at all. One of the facts that Bob Gray pointed out is that the stream is a Class C stream. Which means it is not regulated by the DEC. If you have a regulated stream, in those cases the DEC has a fairly detailed stream disturbance process. Since this is a Class C stream, the applicant has the ability to go in with a backhoe dig out the stream and replace the bridge with two appropriate sized culvert pipes. Then fill over those culvert pipes. If it was a regulated stream, you would need something with an open bottom. From an engineering point of view, a circular shape is much stronger than an arch shape. You have the ability to put two pipes next to each other which you could not do if this was regulated. That reduces the cost because you don't have a big span. Bob Gray did point out that the joists on the bridge are high and go deep into the stream flow and that probably has a chance to catch logs and debris and that may have caused some of the damage that is there. Bob Gray is of the opinion that replacing the bridge with two culverts would be a better idea. Bob's letter states that HDPE, which is a plastic pipe, has a modest cost. With respect of $35,000 being the cost of that culvert, there are ten lots on Easter Road, nine are behind the bridge. If you split it up, you have $4,000 a lot; which is not that expensive of a cost. Bob Gray did say that the estimates that were thrown around were for precast concrete bridges. This would have to be trucked to the site and place in with a crane. Another issue which is very troubling, which has been stated over and over again by the Kellner's, is that Easter Road is grandfathered. The whole point of 280-A of the town law is that there is no such thing as grandfathering for the access for the structure. You cannot put a structure on a substandard road. The requirement that the road be improved applies to whether it is a town road or a private road. In respect to Mr. Kellner, if this is a town road that was badly maintained and if his house was still standing he could petition the town to maintain the road but here it is a private road. It doesn't matter how long the road existed, it doesn't get grandfathered, it needs to get suitable improved. The question to this board is what is suitable improved. It becomes difficult, it is a private road and we don't have specifications for a private road. It doesn't make 12 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes sense to have it brought to the standards of a town road. Our town code 240-20 requires that a building be on a street approved in accordance with town code specifications. It doesn't say town driveway specifications. The town had the ability to require Easter Road be improved to highway standards even though we didn't own it. We were cutting you a break and you continue to be stupid. It is not grandfathered. At looking at the drawings that were submitted, the applicant had said that they were willing to expand the driveway from 12 feet to 18 feet which is common driveway standards. In looking at the plot plan that was submitted, there is an issue where the driveway crosses the Campbell property boundaries out to Circle Drive on the map prepared by Ernie Martin. In the northern corner of the property, the driveway is shown on the plat as being 12 feet wide, from edge of pavement to edge of pavement. As that crosses on to Circle Drive, that 12 foot wide pavement takes up all of the frontage that this lot has on Circle Drive. The Campbell's only have 20 feet of frontage at an angel. You can't get any more than a 12 foot driveway without going onto an adjoining lot. The board then has a question with respect to the width of the driveway and driveway permits. The town code requires a driveway permit whenever a new driveway is constructed or repaired. In this case, they are preparing some repair to the driveway. No driveway permit has ever been issued for the Campbell lot or the Leggerio lot. Mrs. Kellner has made great show in talking about how the access over Leggerio is grandfathered and it is, as it stands. No new permit is required as long as it stays as it is. With respect to the Leggerio lot, I referenced this the last time because I didn't have the deeds in my procession, I asked Jon Adams to provide to me the deed that created the strange lot that is now out on River Road, that is now owned by Leggerio. That lot was created in 1961 and I will scan it and get it into the record; it is the lot that is 35 feet in the front and 100 and some in the back. Mr. Prager: Who is this owned by? Mr. Horan: It is owned by Leggerio. That is the small lot that is on Circle Drive. It was created by taking a piece from Joseph Gadapee and Marjorie Gadapee which I believe is this lot (Pointing to the map) I believe is to the south; on the opposite side from the Campbell Lot. It is not on Circle Drive. (Pointing to the map) lot 5 is Hernandez and the strange Leggerio lot is, the lot going out to Circle Drive, is in front of that lot, or just a portion of it. It looks like the piece was the piece that was cut from here. Just to get 13 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes a driveway from Easter Road. I think the Martinent owned .... Mr. Prager: Who owns lot 5? It is just a little lot. Mr. Horan: Lot 5 is now Hernandez. (Pointing to the map) in the memo I just gave you there is a listing. Mrs. Roberti: Leggerio is lot 5, Hernandez is lot 4, Sabrize is lot 6. Mr. Horan: Unfortunately they do not match up. Mr. Prager: I noticed that. Mr. Horan: What happens is, if you look, lot 1 is still lot 1. Toth has a 1 acre lot. On the original plat that was a ~/2 acre lot. Toth is lot 2 and 3. Mrs. Roberti: According to this lot 4 is Hernandez, lot 5 is Leggerio, lot 6 is Sabrize, lot 7 is Campbell now. Mr. Prager: Toth should be 2, right? Mr. Horan: Toth is actually 2 and 3. Burns is also an acre. Nothing matches up. Mrs. Roberti: Lot 1 got enlarged from Toth. Mr. Prager: Kellner should be lot 9. Mrs. Roberti: That would be 8 and 9. Lot 6 and 7 is Campbell. Mr. Horan: Lot 6 is 3 different lots. Mrs. Roberti: Kellner owns 2 lots and Sabrize isn't that big now. Mr. Horan: Originally there were 9 lots shown on the plat and there are 10 lots out there now. With respect to the deeds, the lot on Circle Drive goes with Martinent. At one point in time, mother and daughter, Lucy and Carmen, owned the adjacent lots. The lot that goes out to Circle Drive was a separate tax lot up until 1995 when it was combined. There is a deed in 1983 that says the two lots of Donald Sabrize and Sabrize transferred that lot to Bosch who transferred it to Leggerio. At one point in time that was owned by Donald Sabrize. Mrs. Roberti: This map show Sabrize cut in half. Mr. Kellner brought this map in 14 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes back in '11. Mr. Casella: There is a dirt road that is always being blocked off; just tell Mr. Kellner to buy the property put the road there, it's a private road anyway, it would probably be cheaper than what you are going through now. Mr. Horan: The deed chain that I have seen, the only two lots that have a right to cross out to Circle Drive over that piece is Hernandez and Leggerio. The deeds says those two lots can use that piece of land to get out to Circle Drive. Mr. Casella: My point is that the dirt road, near Leggerio, there is already something there, it is deeded to come out to Circle Drive and it connects to Easter Road, why would you not buy that piece of road, it is a small piece and put a road in. It's got to be cheaper than anything else that is being done here today. Mrs. Roberti: It only gives approval for two lots to use it. Mr. Horan: The issue becomes, they would still need a variance. Mr. Prager: Just fix the road and be done with it. From a safety stand point, the person on the other side of that bridge has a heart attack and the ambulance cannot go over that bridge. They would have to go all the way up to Circle Drive and then came back down. Look at how much time that takes. Mrs. Roberti: And that is if the EMT's can find it. Mr. Horan: And frankly, the cost to repair that bridge would be less than what Leggerio would want for that property. Mr. Casella: So if he fixes the bridge, he would only need to put down item 4. Mr. Horan: The issue is not the item 4, it is the grading. The other issue is, he has the right to seek contribution from the other property owner on Easter Road and he has never tried to do that. If these people cooperated, we wouldn't be here. Mr. Prager: That is the problem. Mr. Casella: Has Mr. Kellner asked for an extension from the insurance 15 Town of Wappinger Zoning Board of Appeals company? Mrs. Roberti: He has repeatedly. Mr. Casella: And? February 11, 2014 Minutes Mrs. Roberti: They stated on the record, back in November and again at the last meeting, that their drop dead date is sometime this April. In my timeline, the letter Mrs. Kellner wanted me to sign, as a town official, that we were holding them up. But from 2006 to 2011, you did not see them and if they were having issue where were they. Mr. Horan: From the timeline, in 2006 they approached the town and the town told them the bridge needed to be fixed. He did not propose an alternative. Mr. Rexhouse: I think this all has to do with the conflict they have with Leggerio. The proposed way Bob Gray is suggesting is less costly. Mr. Prager: And it is the right way of doing it. Mr. Rexhouse: It will take care of the woman down below who states she is willing to participate. Mr. Prager: I would like copies of those deeds to be part of the record. Mr. Horan: One of the issues that Mr. Adams has raised in his memo, regarding whether or not they had the right to use Easter Road; there is a deed, from the filed map 2332, was filed by a Mr. Gavin and a Hudson Shannon Development Corp. (Mr. Horan reads deed-which is attached to these minutes). At this point Kellner owned the property originally at the time this map was filed. Kellner said the house was built in 1954 and this map was filed in 1951 and according to the map his father already owned the property. This map is confirming an existing right away. Mr. Prager: We will need those maps in the record too. Mrs. Roberti: June 29 2004, when the fire burnt the house down, Mr. Kellner was taken to the hospital and he stated that he did not have insurance on the house. There was an emergency meeting with the Town Board that night with a resolution, because the building inspector at that time felt the house was unsafe; and at a cost to the town of $1,600 the resolution approved it to be taken down and bill Mr. 16 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes Kellner. The question is what insurance did he fight for all these years or was it a misspoken statement at the time he was going to the hospital. Jim, correct me if I am wrong, if they come through Campbell property and they are not creating a road but a driveway the common driveway law, which has only been on the books for a few years, only allows three lots. Each lot has to show and demonstrate that they have an alternative means, which is technically Easter Road but then it would be more than 3 lots. Mr. Horan: I don't think the Campbell driveway is within the towns regulations. They would have to be incompliance with the regulations or get a variance from this board. 240-100 deals with says driveway alignment, specilfy 240-100 C: 5 '4C~--I O(J Driveways. A. __ - __ General. For reasons of fire protection, on-site and off-site vehicular and pedestrian traffic safety, as well as to provide for possible future road widening or other improvements, ail new driveways and sidewalk crossings entering onto any street shall comply with all requirements of these regulations and shall be subject to the approval of the Superintendent of Highways, except where such are part of a use subject to special permit or site development plan approval by the Planning Board, in accordance with Article VII and Article iX. B. Driveway grades. One-family residences. The maximum grade for any new driveway far cone-family dwelling shall be 12% except that where it can be demonstrated to the satisfaction of the approving authority that, because of practical difficulty or unreasonable hardship affecting a particular 'property, the construction of a driveway shall be permitted, provided the increase in driveway grade is the minimum increase required and further provided that in no case shall such driveway grade be permitted to exceed 15%. No driveway serving asingle-family dwelling shall have a grade in excess of 4% within 35 feet of the center line of the traveled way of the street or within 10 feet of the right-of-way line of the street, whichever distance is greater. All other uses. The maximum grade for new driveways for uses other than one-family dwellings shall not exceed 7%, except that the approving authority shall have the same power to permit increased grades here as in § 240-100B(1) above, provided that such grades in no case exceed 10%. No driveway serving a use other than asingle-family dwelling shall have a grade in excess of 3% within 50 feet of the center line of the traveled 17 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes way of the street or within 25 feet of the property line of the street, whichever distance is greater. The Planning Board may require increased platform areas of this type in situations where, because of the nature of the proposed use, substantial traffic volumes are anticipated. All positive grade driveways shall continue at positive grade to the point of connection to the paved roadway to prevent ponding. [Added 8-5-2002 by L.L. No. 10-2002] C. Driveway alignment and location. Any driveway entering onto a street shall be located and aligned in such a way as to create the minimum possible traffic hazard. The platform portion of the driveway, as required by § 240-100B above, shall be aligned at approximately right angles at the street. Access to all off-street parking and loading facilities serving multifamily and nonresidence uses shall be not less than 20 feet in width and shall be connected to the street with a radius return at each comer of not less than 15 feet. D. Sight distance. Clear visibility shall be provided in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway} and so that the driver of an automobile traveling on the highway shall have a similar view of the automobile in the driveway. E. Driveways and access roads shall be so designed so as to provide Fire Department apparatus access to within a distance of 75 feet or less of the structure that may be called upon to be protected, and such driveways and access roads shall be designed so as to meet the following requirements: [Amended 9-24-2001 by L.L. No. 5-2001; 8-5-2002 by L.L. No. 10-2002] Driveways under 500 feet long shall have a minimum width of 12 feet; driveways over 500 feet long shall have a minimum width of 12 feet and, in addition, shall have afifty-foot by twelve-foot pull-off every 500 feet to accommodate aforty-foot-long piece offire-fighting apparatus. The driveways shall have and maintain an overhead clearance of 15 feet, free of any obstructions such as tree branches, personal light poles, utility wires, etc. The driveway base shat( be sufficient to support athirty-ton fire-fighting apparatus. No turns shall be of such a degree as to prevent access of Fire Department apparatus 18 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes ...Here you have two driveways on top of one another. (Mr. Horan reads the town code) We require 50 feet of frontage on a town road and Campbell has 20 feet. I also did a search to see if Mr. Gavin every made an offer of dedication of Easter Road to the town and it doesn't seem to be. Mr. Prager: Can I have a motion to go into Executive Session for receipt of legal advice? Mr. Johnston: I make a motion to go into Executive Session. Mr. Rexhouse: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: Can I have a motion to come out of Executive Session. Mr. Johnston: I make a motion to come out of Executive Session. Mr. Rexhouse: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: I make a motion to have AI Casella Acting Chairman. Do I have a second? Mr. Johnston: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: Do I have a motion to adjourn this meeting? Mr. Johnston: I make a motion to adjourn this meeting. Mr. Casella: Second. Mr. Prager: All in favor? 19 Town of Wappinger Zoning Board of Appeals Board: Aye. EASTER ROAD TIMELINE FEB 2014. F February 11, 2014 Minutes RespectFully Submitted, ~~~ ~~ ~ Susan Rose, Secretary Zoning Board of Appeals 20 S Town of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals January 28, 2014 Summarized Minutes January 28, 2014 Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Members: Mr. Prager Chairman Mr. Brian Rexhouse Member Mr. Casella Member-Absent Mr. Johnston Member Mr. Galotti Member Others Present: Mrs. Barbara Roberti Zoning Administrator Ms. Susan Dao Acting Secretary Mr. Jim Horan Attorney Mr. Graham Foster Highway Superintendent SUMMARY Mousa Nesheiwat Site Visit & Public Hearing February l ltn Michael Goodwin Site Visit & Public Hearing February l lcn James Geraghty Variance Granted With Stipulations James Sanborn Variance Granted With Stipulations Greenbaum & Gilhooley's Variance Granted With Stipulations Aaron Kellner & Krystal Campbell Adjourned until February 11th 1 Town of Wappinger Zoning Board of Appeals January 28, 2014 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 Brian Rexhouse-----Here AI Casella-----------Absent Bob Johnston-------Here Peter Galotti--------Here Mr. Prager: The first item on tonight's agenda is the acceptance of the minutes from January 14th. Do I have a motion to accept these minutes? Mr. Galotti: I make a motion to accept these minutes. Mr. Johnston: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: The next item on tonight's agenda is: Auaeal 14-7514 Mousa Nesheiwat- Is seeking an area variance of 240-37 of the Town of Wappinger Zoning Regulation in an R-40 Zoning District. -Where 50 feet is required to the front yard property line, the applicant can only provide 28.7 feet, thus requiring 21.3 feet for an existing front porch and steps. -The property is located at 94 Robinson Lane and is identified by Tax Grid No. 6459- 03-070409 in the Town of Wappinger. 2 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Nesheiwat: My name is Mousa Nesheiwat and I need this variance so I can get my c/o. Mr. Prager: I know you came in for a variance to build this house. Mr. Nesheiwat: Correct. Mrs. Roberti: The variance was for the front and the rear. Mr. Prager: You have the porch on already. Why would you do that? Mr. Nesheiwat: I never calculated the front step of the porch. Mr. Prager: What was done in the back? Mr. Nesheiwat: There was a lot of debris back there. Mr. Prager: Was it your property? Mr. Nesheiwat: Part and I did get consent to clean it up from the owner. Mr. Prager: I would like to see that letter. Mrs. Roberti: What caused this variance was the final as built. When the building inspector went out for the inspection it was noticed that the steps did not comply and the back was cleared and seeded. Mr. Prager: If we grant this variance, one of the stipulations will be shrubbery be planted on your property line. This way when you sell the house the new owner will know where the property line is. We will do a site visit and please mark the back property line. Mr. Johnston: The front porch was already built before your engineer realized you needed a variance. Mr. Nesheiwat: I was going with what my engineer told me. Mr. Johnston: Did you build it yourself? Mr. Nesheiwat: Yes. Mr. Johnston: When did you change the plans to include a front porch? Mr. Nesheiwat: We changed it because of the elevation in the front. 3 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Prager: We will have a Public Hearing on February 11tH Mr. Prager: The next item on the agenda is: Aupeal 14-7515 Michael Goodwin-Is seeking an area variance of 280 A of NYS Town Law and 240- 20A of the Town of Wappinger Zoning Code in and R 20/40 Zoning District. -Where any construction of anv structure unless the street or highway giving access to said use or structure has been suitably improved to Town road standards for the construction of a modular home, consisting of 3 bedrooms, 1 family room, 1 dining room, 1 bath, central air, and a garage. -The property is located at 35 Dugan Lane and is identified by Tax Grid No. 6256- 02-970944 in the Town of Wappinger. Mr. Indorf: My name is Joshua Indorf and I am interested in developing a piece of property on Dugan Lane. Mr. Prager: I am a little familiar with Dugan Lane. It is a private road. Mr. Indorf: I don't think so. Mr. Foster: It is a paper road. Beyond the black top is a paper road. Mr. Prager: Does it stop before your property? Mr. Indorf: It comes in about 75 to 100 feet short of the property. It is the end lot. Mr. Johnston: The house behind yours on Martin Road does that gets the egress from Martin also? Mr. Indorf: There is a road around the back. Mrs. Roberti: That is Elm. Mr. Prager: We will have a site inspection and we would like you to be there and a Public Hearing on February 11tH Mr. Prager: The next item on the agenda is a Public Hearing on: 4 Town of Wappinger Zoning Board of Appeals Appeal No. 13-7509 January 28, 2014 Minutes ]amen Geraghty-Is seeking an area variance of Section 240-37 of Zoning Regulations in an R-15 Zoning District. -Where 12 feet to the side yard property line is required, the applicant can only provide 9 feet, thus requesting a 3 foot variance for an existing 12' X 20' deck (with no stairs). - The property is located at 14 Ardmore Drive and is identified by Tax Grid No. 6257-03-268482 in the Town of Wappinger. Mr. Geraghty: My name is James Geraghty. Mr. Prager: Are all the mailings in order? Mrs. Dao: Yes. Mr. Prager: Can I have a motion to open the Public Hearing? Mr. Johnston: I make a motion to open the Public Hearing. Mr. Galotti: Second. Mr. Prager: All in favor? Board : Aye. Mr. Prager: We did have a site visit. Mr. Johnston: We did measure that somewhat. It was more about 7 feet than 9 feet. Mr. Prager: The best way to do it is to leave at 9 since that is what the legal notice says. Mr. Galotti: It does look like you have some shrubs along the property line. As part of the variance, I think a stipulation should be some more shrubs since it is close to the property line. Mr. Geraghty: No Problem. 5 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Prager: Since Brian is new; the three of us will do the voting. Is anyone in the audience for or against this variance? Mr. Prager: Let the record show no one is in the audience for or against this variance. Hearing none, 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. Johnston: I make a motion to grant this variance. Mr. Galotti: Second. Mrs. Roberti: Before roll call, are you going to add a stipulation? Mr. Prager: Yes, 3 shrubs 4 to 6 feet high. Mr. Prager: Roll call. Mrs. Dao: Peter Galotti: Yes Bob Johnston: Yes Howard Prager: Yes Mr. Prager: The next item on the agenda is: Apueal No. 13-7513 James Sanborn-Is seeking an area variance of Section 240-37 of the Town of Wappinger Zoning Regulations in an R-40 Zoning District. -Where 50 feet to the rear yard property line is required, the applicant can only provide 25 feet, thus requesting a 25 foot variance for the placement of a 12 foot X 20 foot shed. -The property is located at 12 Dose Road and is identified by Tax Grid No. 6258- 04-930355 in the Town of Wappinger. Mr. Cappelli: My name is Alfred Cappelli and I am the architect for the applicant. 6 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Sanborn has a 12 x 20 shed at his current location and would like to move it to the new house that is being built here in Wappinger. There are drainage swales and a septic system in the back. These are preventing us from putting the shed in any other part of the yard except the right back corner. Mr. Prager: Can I have a motion to open the Public Hearing? Mr. Johnston: I make a motion to open the Public Hearing. Mr. Galotti: Second. Mr. Prager: All in favor? Board : Aye. Mr. Prager: Are all the mailings in order? Mrs. Dao: Yes. Mr. Prager: We did do a site visit. It looks to us that even with that swale it could be moved up closer to the road about 5 to 10 feet. Mr. Cappelli: Moving the shed up makes sense from a variance point of view but you would want the shed tucked in. Mr. Galotti: So we are going to move it up 5 feet. Mr. Prager: Instead of it 25 feet it will be 30 feet from the property line. Mr. Prager: Is there anyone in the audience for or against this variance? Mr. Long: My name is Christopher Long and I live at 51 Gold Road. I am concerned with noise coming from that shed. Mr. Prager: There are some limitations to that property. Ms. Petrella: My name is Kim Petrella and I live at 9 Dose Road. They cut down every single tree and now there is no buffer. Mr. Prager: The trees where cut down for the septic system. There is no other place to put the shed. Mr. Cappelli: Mr. Sanborn will be planting some trees on the property line. 7 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mrs. Russell: My name is Barbara Russell and I live at 11 Dose Road. It is going to be on a slope on the property. Since I will be looking at it I would like it to be level. Mr. Cappelli: It will be level; we will be digging the ground to make it level. Mr. Prager: We would like to see shrubs on the back property line and along the shed. Mr. Cappelli: We could put white pine along the property line. Mr. Prager: 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. 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 with the stipulation that landscape screening be planted. Mr. Prager: What kind? Mr. Cappelli: 6-6 foot white pines. Mr. Johnston: Second. Mr. Prager: All in favor? Ms. Cowell: My name is Ruth Cowell and I live at 10 Dose Road. White Pines are very soft trees; I think you should look into something else. Mr. Galotti: White Pines or something similar. Board: Aye. Mr. Prager: Roll call vote. 8 Town of Wappinger Zoning Board of Appeals Mrs. Dao: Peter Galotti Aye Bob Johnston Aye Brian Rexhouse Aye Howard Prager Aye January 28, 2014 Minutes Mrs. Roberti: For the record, we are changing this variance from 25 feet to the rear to 30 feet to the rear. Mr. Prager: Yes. Mr. Prager: The next item on the agenda is: Appeal No. 13-7510 Greenbaum & Gilhooley's-Is seeking the following (5) variances of Section 240- 18(f), and 240-37of Zoning Regulations in an HB Zoning District. The property is located at 1379 Route 9 and is identified by Tax Grid No. 6157-02-594684 in the Town of Wappinger. Where as 2 acres are required in an HB zoning district, the applicant is proposing to develop apre-existing non-conforming undersized lot, the applicant can only provide 1.89 acres, thus requesting a O.iiacre variance. 2. Where as 200 feet minimum lot depth is required, the applicant can only provide 149 feet 4 inches, thus requesting a variance of 50 feet 6 inch for the proposed development of a pre-existing non-conforming under sized lot. 3. Where as 30 feet from the bank canopy roof, is required for a rear yard setback, the applicant can only provide 13feet 4 inches, thus requesting a 16 feet 8 inch variance. 4. Where as 75 feet front yard setback is required to a state or county highway, the applicant can only provide 69 feet 8 inches, for an existing front wall of the existing building, thus requesting a 5 feet 4 inch setback. 5. Where as 25% is required for landscaping, the applicant can only provide 12%, thus requesting a 13% variance. (As part of the mitigation that is being proposed, the applicant will obtain a Use & Occupancy permit from the NYS Department of Transportation. This will allow for the use of a portion of the NYSDOT right-of-way for landscaped planting beds. This will reduce the variance required for the minimum landscaped open space to 4.4 %.) Mr. Prager: Are all the mailing in order? Mrs. Dao: Yes. 9 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Johnston: I make a motion to open the Public Hearing. Mr. Galotti: Mr. Prager: Board: Second. All in favor? Aye. Mr. Prager: Read letter from DOT (dated December 13, 2013) giving permission for landscaping along Rte. 9. (Copy of letter available on request). Mr. Tinkelman: I will go over all the variances. Mr. Horan: The first two variance-are required because of a existing non- conforming lot. Under our code anon-conforming existing lot can be developed provided that the setbacks on the lot are complied with but in this case since variance #3 is requesting a setback they need to get the variance for the size of the lot and the lot width. So 1, 2 and 3 run together. Mr. Tinkelman: If you include the DOT property, we are over 2 acres. Even though we don't own it. The bank canopy is another variance. We had the bank in another direction. We did rotate it to request less of a variance. So right now it is only the overhead canopy that needs the variance. Mr. Prager: We did have a site visit and walked the whole area. Mr. Prager: Is there anyone in the audience for or against this variance? Mr. Munoz: My name is Angel Munoz and I live at 110 Curry Road. The teller lanes are facing Old Route 9, say they get the variance, in the future if they decide to expand the bank and get rid of the teller lanes would they be able to put a building up that far. (Pointing to the map) Mr. Prager: Not without a variance. Mr. Munoz: My issue is with the teller lanes. The teller lanes have speakers and you can hear what is going on in the teller lanes. (Pointing to the map) my property is down here. I will hear all the noise like I hear all the Toyota noise. I would like a buffer or some protection. l0 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Tinkelman: (Pointing to the map) Mr. Munoz's property is here and the teller's drive thru is here. I don't think he will hear anything. Mr. Munoz: I disagree because I'm about 200 feet away from Toyota and I can hear the loud speakers they installed outside. Mr. Horan: They would have to obey the noise code that was adopted last year. Mr. Munoz: Where is their water runoff going? Mr. Foster: They have some drainage on site. Mr. Horan: They have to comply with the State Law. Mr. Munoz: There is no buffer facing Old Route 9. It's building after building and it is unsightly. Mr. Tinkelman: We have two fronts to this building and it will be landscaped. Mr. Prager: Let the record show there is no one else in the audience that has questions. 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 variance number 1? Mr. Galotti: I make a motion to grant the applicant variance number 1. Mr. Johnston Mr. Prager: Board: Second. All in favor? Aye. 11 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Prager: Can I have a motion to grant or deny variance number 2? Mr. Galotti: I make a motion to grant the applicant variance number 2. Mr. Johnston: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: Can I have a motion to grant or deny variance number 3? Mr. Galotti: I make a motion to grant the applicant variance number 3. Mr. Johnston: Second, with the stipulation that the noise is taken into consideration when doing the landscaping. Mr. Prager: All in favor? Board: Aye. Mr. Prager: Can I have a motion to grant or deny variance number 4? Mr. Johnston: I make a motion to grant the applicant variance number 4. Mr. Galotti: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: Can I have a motion to grant or deny variance number 5? Mr. Johnston: I make a motion to grant the applicant variance number 5. Mr. Galotti: Second Mr. Prager: All in favor? Board: Aye. Mr. Horan: This is contingent on Site Plan approval from the Planning Board and a Negative Declaration has already been done. 12 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Prager: The next item on the agenda is: Appeal No. 13-7504 Aaron Kellner & K stal Cam bell - Is seeking an area variance of Section 240- 20(A) of the Town of Wappinger Zoning Regulation and 280-a of Town Law in an R-20 Zoning District. -The applicant (Kellner) proposes to access his lot over an easement which has been created over the 1.48 acre Campbell lot, two other lots on Easter Road would also gain access over the Campbell property with the granting of this variance. The properties are located at 76 & 80 Easter Road (Kellner 54 & 62 Easter Road & 14 Circle Drive (Campbell) and are identified by Tax Grid Nos. 6056-01-294696/326668 jKellner) & 6056-01-259729/276713/259750 (Campbell) in the Town of Wappinger. Mr. Prager: Are all the mailings in order? Mrs. Dao: Yes they are. Mr. Prager: Can I have a motion to open the Public Hearing? Mr. Johnston: I make a motion to open the Public Hearing. Mr. Galotti: Second. Mr. Prager: All in favor? Board : Aye. Mr. Adams: The applicant is seeking a variance to use a common driveway to serve 3 lots. Two owned by the Campbell's and one by the Kellner's. We plan to construct a common driveway to the standards of the town. (Pointing to the map) there will be a turnaround at the end for emergency vehicles. Some courts have said this type of variance has to meet an area variance standard to Town Law. Will the granting of the variance change the character of the neighborhood? I will ask Krystal Campbell to come up and explain the use of Circle Drive as contrasted to Easter Drive. Ms. Campbell: My name is Krystal Campbell and I live at 14 Circle Drive. We are proposing and have given up this land freely. We have also prepared a maintenance agreement so all of us can safely access Easter Road. We are proposing to come in on our driveway go 13 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes across the lower pond and go up Easter Road. The maintenance agreement and the request is for Kellner and ourselves. There are other people that live down here (Pointing to the map). They don't have good access. Mrs. Toth is here and she sometimes needs emergency vehicles to come in. The letter we received, those of us that live on Easter Road, stated that it is dangerous icy deep slope. What we are saying is that any ambulance can go across our property and go down and it is relatively flat. Nobody would be at risk and nobody's health would be at risk. We are not going to say that others cannot use the driveway. There are 3 other lots here in the middle that already have an easement and they go across (Pointing to the map) right here. Mr. Kellner: (Pointing to the map) it is this lot right here. This is the Leggerio property. The intention on this lot years ago seem to have been a connection to Easter Road. It is a narrow lot and it was not developed like it should have been. The person eventually bought it and turned it into his driveway. It was given up as an easement for everyone to use. Ms. Campbell: For 30 years everyone has used it, up until 5 years ago. This just happened this summer; there were people on Circle Drive that had their oil tank split and they needed trucks to come in and bring gravel. Ms. Leggiero would not let them cross. They wanted We built a hall road across our property because Mr. Kellner was trying to put down gravel on the road and they want a $100 a truck or $50,000 to bring the stuff across her property. We said just bring it across our property. At that point we were not talking about a right away but we need a way to get across there too. We also need to maintain our pond. I think it is criminal to charge someone to be able to cross your property. I think this plan will be helpful to the neighborhood and make it easier for everyone else. We would notify emergency services to let them know they can use that entrance because it would be a much safer way. Mr. Adams: One of the things that need to be talked about is the cost of maintenance. If we had to use the access on River Road, you would have 1500 feet of roadway which maintenance is required. You have a steep road in the first 1000 feet. Mrs. Campbell: It is very steep and then levels off after the bridge and then it goes up steep again. It is very dangerous. 14 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Adams: With our proposed common driveway, we are going to have a paved roadway. We are going to grade the one hill that goes to Mr. Kellner's property. It will be to the town's grading code. Another question is, are the alternatives for the applicant. The first practical problem is, and I did submit documentation, we don't believe we have a right away from River Road along the length of Easter Road to where the 3 lots are located. Spending money on an improvement at River Road on the culvert, why put money into something you don't have a right to. That is why we don't have an alternative feasible. You have a much higher cost of maintenance for 1500 feet than 500 feet. It is unfair to penalize the last 2 owners on the end of Easter Road by making them pay all the maintenance for the entire length when you have 5 other properties. Since there is no maintenance agreement along the length of Easter Road, if my clients have to maintain the entire length they are inviting a liability issue. As I said in my letter, we do not think this is a feasible alternative using the entire length of Easter Road for the access of the 3 lots in question. Another question is, is the variance substantial? Normally variances have to do with setbacks; this is not pertinent to this variance. Will this have an impact on the neighborhood? As Mrs. Campbell said, we are not changing any of the physical environment. This will be a private common driveway. As Ms. Campbell said, you will have a better emergency vehicle access. Mr. Horan: Frankly, I agree with some of the frame work. The difficulty here is that this is different than any other variance that the Zoning Board of Appeals hears. There are a number of ways to approach this issue. Under 280-A it looks at all 3 boards at the same time. The Town Board, Planning Board, and the Zoning Board has jurisdiction over road access. The laying out of roads is left to the Planning Board; for new roads. The first part of 280-A is an official map and we don't have one. If Easter Road was on an official map of the town, this would have been an easier question. Another section of 280-A talks about a plat; Easter Road pre dates the Planning Board. Easter Road is shown on a filed map in the County Clerk's Office which arguably met the standard. It appears that the lots were created prior to the existence of Easter Road. There are some references to right away. There is some question to whether the right away on its creation but I think over time the showing on the plats there is an easement by prescription for all of the lots along Easter Road to use it as a private road. We get to the other issue under 280-A, a determination has been made in the past that a building permit could be issued because it was on a plat filed in the 15 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes County Clerk's Office prior to the establishment of the Planning Board. Easter Road has to be suitably improved for access to the property, particularly for emergency vehicles. Under our town code suitably means by highway standards. Graham and I have had conversations about this. We do not have standards for private roads or maintenance for private roads. I think we are deficient in the code because other municipalities have addressed this. I do agree that 2 or 3 residents on Easter Road should not be burdened with the maintenance. We all agree that Easter Road does need improvement; the bridge and some of the other areas. Because of the topography and some of the steepness, there really isn't much grading you can do. The applicant has raised the issue that there is not a maintenance agreement in place for Easter Road that it would be burdensome for the applicant. The Common Law says where there is no maintenance agreement in place; the deeds and the properties are silent, all the properties along there have to ratably contribute to the maintenance of the right away. All the residents along Easter Road would share the cost of improvement. That would be helpful if we had town legislation. With respect to the applicant, there is ability for them to engage the other property owners for contribution for the improvements that are to be made. We all agree that the bridge and certain areas on Easter Road need improvement. The other issue of concern is the applicants now indicate they wish to have 3 lots of the common driveway. I have some concerns because right now the plan that was submitted shows that the driveway crosses over 7 different lots. The question would then become as an issue with respect to going forward, what controls could be placed on the lots that are not included. If this was an application before the Planning Board, for the establishment of a Town Road, you could combine those lots and you could do a reverse subdivision and make them into 3 separate lots. We can't do that. As it appears to be on the plat that was submitted, it looks like going around the pond, the driveway goes on to Leggiero property in the right away. It then goes on to Surbrize and then over the 2 Campbell lots. Leggiero's access has been noted. There is a question on how the Surbrize lot would play out here. This goes back to there are 3 boards that have jurisdiction over this application. An application under 280-A state that the Town Board creates what is called an open development area. This typically deals with a number of lots; which don't have direct access to an existing town road. The typical area variance is for one lot but in this case it is multiple lots. Does the board have any questions? 16 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Prager: Mr. Kellner, do you know what this is going to cost you? Do you know what is involved putting in a common driveway? Mr. Kellner: We already agreed to driveway standards for the length of the road from Circle Drive to my property. We estimated about $30,000. Most of the grading work has already been done; maybe a little topping off and then it can be paved. Mr. Prager: What is the width of the paved driveway? Mr. Foster: 18 feet. The problem I am seeing is that this is not near to what the common driveway law calls for. A common driveway must prove access to a town road and none of these lots have access to a town road. I have been involved with this for about 10 to 15 years. I have all kinds of different estimates; no one wants to fix the bridge. I have heard from $50,000 to $90,000. I don't know where these numbers are coming from. The town engineer already said if they match the existing box culvert going under River Road, which I went down and measured myself, which is a 5 x 6 culvert. If they match that culvert with a pipe going under Easter Road, that would be sufficient. Mr. Prager: To take place of the bridge, correct. Mr. Foster: Correct. A 89 X 59 arch pipe would take the place of a 5 x 6 box culvert. That sells in galvanized at $125.00 a foot and $150.00 for aluminized. If you are saying you need 40 feet of pipe, which would be from end to end, plus end sections, you are looking at my cost and buying from my vendors, $5,000 to $6,000 for the pipe. Where $50,000 or $90,000 estimate is coming from, I don't know. Say we go across the Campbell property, in itself is a non- conforming parcel. It does not have 50 feet of frontage to a town road. If you continue to let that culvert deteriorate, there will be no access to any lot on Easter Road. If in 20 years the Campbell's move, the new owner my shut down the common driveway and there would be no access to Easter Road. I think the logical thing is to fix the culvert. I am estimating 10,000 to 15,000 dollars. I have never seen a design or an engineering drawing only estimates. It is a filed map and a subdivision. We have a road, we have access. Just fix the road and everybody would be happy. Mr. Kellner: Would you agree that there is an old bridge there? Mr. Graham: Yes, you take it out and put in a box culvert. 17 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Kellner: We have gotten estimates for the removal and taking away of the bridge. The estimate was about $20,000 because it is a large bridge. It is about 16 or 17 feet long and 12 feet wide. It is a big heavy structure. Mr. Prager: With all this paper work, I have never seen any estimates. Mr. Kellner: We can get those to you. $20,000 is just for the removal. The next problem is getting the culvert in such a way that you don't raise up the road way too much. Putting in a culvert requires putting a top on it. You would need to raise up the sides and there is a lot of filling to do. The road way comes down to bridge because there is a depression in the earth. The wash comes through and it is deep there. You would need to bring in a lot of fill to fill in that culvert. Then you would need to make a roadway over the culvert. The culvert themselves cannot handle any loading. That would involve some cost too. You have to put in abutments to hold the roadway. To do all that we have had estimates between $50,000 and $90,000. Mr. Adams: I will be asking for an adjournment so our excavator can be here. He had another job and could not make it tonight. Mr. Prager: What does our town engineer say? Do we need that or not need that. Mr. Foster: We would have to ask Mr. Gray. Mr. Adams: I can get a written estimate in advance and we can set up a time. Mr. Foster: They do not need a concrete deck. Mr. Prager: Let the engineer determine that. Mr. Adams: It doesn't address the maintenance. Mr. Prager: Either Barbara or Susan, someone needs to contact our town engineer to see what we need for the culvert. Mrs. Roberti: I'll have him write you something. Mr. Prager: Mr. Foster talked about black topping all of this (Pointing to the map). Do you know what it is going to cost you? 18 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Kellner: We don't think it is going to cost as much as the bridge. Mr. Prager: I think you should get an estimate. Mr. Kellner: I called a company in Poughkeepsie and they quoted me about $21,000. Mr. Prager: Oil and stone or blacktop? Mr. Kellner: Oil and stone. Mr. Foster: The specks call for blacktop. Mr. Prager: We will have to straighten that out before we even think about this. Mr. Galotti: Stone and blacktop costs between $5 and $6 a square foot to install. That is not grading just installing the blacktop. Mr. Prager: You say there is a maintenance agreement in place now and who is that with? Mr. Kellner: With the Campbell's; it takes in all the properties on the east side of Easter Road. Mr. Prager: It does not involve anyone down below. As far as the town, if you are going to have a maintenance agreement you should have one for everyone on that road. That is my feeling. Mr. Kellner: (Pointing to the map) the lot on the end, the Sayke property, they are on River Road they just use River Road. Mr. Prager: I'm talking from the bridge on up. Mr. Kellner: 783 and 765 is not on the agreement. (Pointing to the map) Mr. Prager: If this gets granted, they would be on the maintenance agreement? Mr. Kellner: Are you suggesting they would be using the easement? Mr. Prager: Yes, definitely. Mrs. Campbell: We don't have a problem with that. 19 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Prager: You are talking about another easement. What is going to stop others to ask for easements? Mrs. Roberti: Mrs. Campbell's property has a grading permit that does not include this driveway. The driveway was put in, in violation of the grading permit. The town has not taken a position on it until this is settled. Then that would need to be engineered to make sure that her property with that driveway, which now has to be 18 feet wide, can still take care of the storm water; the two basins where originally there to hold and then dispel the water. Mr. Campbell: My name is Peter Campbell. I can extend the height of the berm and increase the volume inside the drainage feature. Mrs. Roberti: For the record, there is a violation and that is another issue. Mr. Campbell: Violation or open permit? Mrs. Roberti: You have an open permit to create those two basins. Nowhere on that permit did you have permission to bring in that volume of dirt to create that road. When I brought it to Mrs. Campbell's attention she said she couldn't remove it because it would be in violation with the Kellner's. After discussing it with town personal, we decided due to this situation, to have her remove it, with the thought this may go through, we would just have a wait and see attitude. If this doesn't go through, you will be bring it up to town standards. Mr. Prager: We are not even done with the building of this temporary driveway. Mr. Prager: Mr. Foster, other than the culvert, what needs to be done to Easter Road to make it so we can get up to Mr. Kellner's property. Mr. Foster: You would need to bring in some millings or item 4 and make it a minimum of 14 feet wide right up to the top of the hill. This would be a minimum standard for a private road. Mr. Prager: If Mr. Kellner decides to put the culvert in, what else needs to be done? Mr. Foster: Item 4, preferably millings. Mr. Prager: For the whole stretch? 20 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Foster: You would need to bring them in and grade them off. Bob Gray could give you an estimate of the cost. I think putting in a bridge would cost less than the driveway. The common driveway doesn't even come close to the common driveway law. Mr. Prager: Let's talk to Mr. Gray and ask him what he thinks need to be done to make this road passable. Mr. Horan: The discussions in the past from the Campbell property up, I understand there are drainage issues on the road. Mrs. Campbell: That was fixed years ago. Mr. Horan: What was done to fix that? Mr. Campbell: Above the pond there is a drainage ditch. The drainage will not be totally fixed until we get the road in. Mr. Horan: Regardless what happens here concerning the access, whether the culvert is installed or the easement is granted, that doesn't eliminate any of the other requirements. Mr. Kellner: According to the plan, Mr. Gray spoke with the engineer Ernie Martin, he gave him a full set of specifications that he wanted to see on Easter Road. That how this plan was developed; Mr. Gray also toured the property and made comments. Mrs. Campbell: That is a long road and it would take a lot of gravel. Mr. Prager: My concern is everyone else on that road. Mrs. Campbell: There is already that one easement that takes 3 people out of the mix. The person on the bottom uses River Road. There are 2 people left and we are willing to allow them to use this easement for safety reasons. Mr. Prager: Mr. Adams, you keep saying 3 lots and I see 7 lots. How did you get to that number? Mr. Adams: Only 3 lots would be eligible for certificates of occupancy if this common driveway would be granted. The other lots would have to come in on their own to seek their own certificate of occupancy. 21 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Galotti: About a year ago, we received a letter from Bob Gray. It says, prior to a variance application being granted, the outstanding issues on the Campbell property must be completed. Mr. Adams: I think the outstanding issues on the Campbell property have already been discussed. Mrs. Roberti: When did you bring in the dirt to make that temporary road? Mrs. Campbell: About 2 1/z. years ago. Mr. Roberti: This letter is a year old and wasn't it last spring you had some wash out? Mrs. Campbell: That was 3 years ago. Mrs. Roberti: This letter is stating that there are still things that need to be done on your property. Mrs. Campbell: He didn't realize that we already took care of the drainage issue. Mr. Galotti: The letter also states that there is sediment in the pond. He is very specific in his letter saying that these issues have to be corrected before this application can be considered. Have they been taken care of? Mr. Campbell: Not totally corrected. I pursued getting the bottom thing down. I had a topographical map down. The completion of that permit was denied. A variance is waiting on me getting this done. I also did not have guidance on how to complete this. I asked and got an extension for that permit. At a meeting it was said that the road has nothing to do with this permit. Mrs. Roberti: We have a little of the chicken and the egg thing. They brought in a final as built that doesn't meet the grading permit because they brought in all that soil to build the road. We don't know at this time if that soil and that temporary driveway is going to stay as permanent. Bob and I would wait for the outcome of this to see what is going to happen to their storm water. If this was to pass, everything would have to be engineered. They will have to build this up and pave it. Mr. Prager: Is there anyone in the audience that would like to speak? 22 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Ms. Toth: My name is Clara Toth and I live at 20 Easter Road. It is the 2~d property coming in from River Road. I am on the other side of the bridge. Since I am at that end and when I bought the property I was told it was a private road. I was told everybody had to chip in and fix the road. That was fine with me and I'm willing to chip in now. The Town of Poughkeepsie has a bus serves that helps disable people and they refuse to come in on that road. Last year I got a letter from the fire department saying they would not send a truck in there because they are afraid of the bridge. Why won't the town take over the road? Mr. Prager: Unfortunately that is the problem with private roads. Mr. Horan: Under Town Law Section 200, where the residents along a private road can petition the Town Board and ask the town to take over the road. Ms. Toth: The road is in terrible condition. Mr. Prager: We have seen it. Mr. Horan: Graham and I had a conversation concerning the maintenance of private town roads. There are other private town roads that have similar issues. This is something we should consider. Ms. Toth: It would be very nice. I would rather have the road fixed. If that road is approved, we are at the bottom and would have to pave the road to get there. Mrs. Kellner: Let's try to apply some common sense. Historically everyone that lived on Easter Road came up from River Road and crossed the bridge or they used Leggiero's access. Leggiero's deed stipulated that certain people... Mr. Prager: Is that a legal deed? Mrs. Kellner: Thank you for asking that question because we have a situation that the Kellner's are also on that deed giving us the right to use that roadway. When Subrize owned Leggerio's property, my husband had a verbal maintenance agreement. Is it legal? He never wrote it on the deed. Subrize sold it to Bosch then sold it to Leggerio. My husband had a verbal maintenance agreement with Bosch also. In 1986 it was written on the deed. There was a verbal agreement that we could use that easement; plus the maintenance 23 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes agreement. We would access our property that way. We preferred not to go over the bridge because we didn't want to drive over other people's property to get to the bridge. Now all of a sudden Leggerio is uncooperative and she doesn't want to do a maintenance agreement. We have made a good faith effort with her to get a maintenance agreement. Can you regulate us at this point in time to get a maintenance agreement? We cannot force her hand. Our house burnt down and we have plans to rebuild. 70% of the house will be the same foot print of the previous house. The town classifies it as a new build. As far as I am concerned it is a rebuild. Do we have legal access? We are grandfathered. The road was there and we had a verbal agreement. Again we spent $70,000 and that came out of our building fund. I spoke to Chris from the Fire Department and told him to access the road from the Leggerio's property. It is not on the map or GPS, there is a whole spider web of problems. Was it the responsibility of Bosch to put it on the deed? Probably. Everybody has made a good faith effect to correct this wrong. We don't use the bridge and every effort has been made to rebuild our house. When the town would not acknowledge our legal access, by Leggerio's, because of our misfortune, are we responsible for the cost of the whole road. I don't think so. The Campbell were nice enough to step up to the plate. This will also benefit the other people. Mr. Prager: I understand what you are saying. Mr. Horan: With the issue of the grandfathering the Leggiero easement out to Circle Drive, Mr. Adams and I have gone through some of the property records and according to the assessor's record there is a land hook between the 100 foot Leggiero lot and another lot that goes out here (Pointing to the map). The deed history shows that it was created back in 1961 by Martinet which is now the Leggeirro piece. It also show the when Bosch sold it he move two separate lots into one. That small piece that goes out to Circle Drive was never a town road. It was never on a Plat as far as we can tell. To qualify under 280-A it either has to be a town road shown on a plat and approved by the Planning Board or shown on a plat prior to the Planning Board. For the purpose of our law, if you are requesting access by any other means you are now in essence a driveway because you are no longer a town road or a private road. The reason why the application here, Mr. Gray has made a determination that it needs to be paved as a driveway is because it seeking access by means other than that shown on the original 24 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes plat for Easter Road. Mr. Prager: Easter Road would have to be paved. Mr. Foster: If it was a driveway, as long as it remains a private road we could have an item 4 base. I believe the applicant has spent more on the consultants and still has nothing. I think the bottom line is the road needs to be fixed. If $70,000 was put into the culvert, the Kellner's would be living in their house now. I think the bottom line is we need to fix the bridge and fix the road. Mrs. Kellner: Why are you making us responsible for the bridge when other people are involved? Mr. Foster: I am following the rules of the town. Your access has clearly been Easter Road. Mrs. Kellner: The easement by prescription has always been the Leggiero's. We have lived in that house for 40 years and have maintained the road. Mr. Foster: A hand shake agreement does not go with the deed. If the Campbell's sell their home, the new owners could cut that right off. Mr. Prager: In reading a lot of these documents, there have been a lot of meeting about this and there has been no resolution. We have to get this straighten out and find the cheapest and safest way to fix this. Is there anyone new that would like to say something? Mr. Prager: You are going to get some information from your excavator and information from the town engineer. I am going to adjourn this until February 11tH Mr. Prager: Can I have a motion to go into executive session? Mr. Johnston: I make a motion to go into executive session. Mr. Galotti: Second. Mr. Prager: All in favor? Board: Aye. 25 Town of Wappinger Zoning Board of Appeals January 28, 2014 Minutes Mr. Galotti: I make a motion to come out of executive session. Mr. Rexhouse: Second. Mr. Prager: All in favor? Board: Aye. Mrs. Roberti: The format of the minutes came up at the Planning Board meeting and the Planning Board has agree that the Public Hearing will still be typed out. New business, discussions and conceptual can do a synopsis and type the audio is available at the Town Clerks office. Do you want your minutes to stay in the same vain as they are now? Mr. Prager: Yes. Mr. Johnston: I make a motion to adjourn this meeting. Mr. Galotti: Second. Mr. Prager: All in favor. Board: Aye. Respectfully Submitted, Susan Ro e, Secretary Zoning Board of Appeals 26 4 Town of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals January 14, 2014 Summarized Minutes Members: Mr. Prager Mr. Della Corte Mr. Casella Mr. Johnston Mr. Galotti Others Present: January 14, 2014 Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Member-Absent Member Member Member Mrs. Barbara Roberti Zoning Administrator Ms. Sue Rose Secretary Mr. Jim Horan Attorney SUMMARY Kevin Prunty James Geraghty James Sanborn Greenbaum & Gilhooley's Variance Granted Public Hearing January 28tH Public Hearing January 28tH Public Hearing January 28th 1 Town of Wappinger Zoning Board of Appeals January 14, 2014 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: The first item on tonight's agenda is the acceptance of the minutes from December 10, 2013. Do I have a motion to accept these minutes? Mr. Johnston: Mr. Casella: Mr. Prager: Board: Mr. Prager: Appeal 13-7512 I make a motion to accept these minutes. Second. All in favor? Aye. The next item on tonight's agenda is a Public Hearing on: Kevin Prunty-Is seeking an area variance of Section 240-34 of Zoning Regulations in an R-40 Zoning District. -Where 50 feet to the front yard property line is required, the applicant can only provide 45 feet 3 inches, thus requesting a 4 foot 9 inch variance for an existing 13 foot 10 inch X 33 foot 10 inch front vard deck. -The property is located at 10 Lydia Drive and is identified by Tax Grid No. 6257- 03-092235 Mr. Prager: Can I have a motion to open the Public Hearing? Mr. Casella: I make a motion to open the Public Hearing. Mr. Johnston: Second. Mr. Prager: All in favor? 2 Town of Wappinger Zoning Board of Appeals January 14, 2014 Minutes Board: Aye. Mr. Prager: Are all in the mailings in order? Ms. Rose: Yes sir. Mr. Prager: For the record, please state your names. Mr. & Mrs. Prunty: Thomas Prunty and Jo Ann Prunty. Mr. Prager: We did do a site inspection and we did speak to you at the last meeting. So again, for the record please explain why you need this. Mrs. Prunty: The deck has been there for many years. My son bought the house in 2005 and he did do some repairs on the deck but left it as is. When he went to get other work done on the house and he went to get building permits for that work we realized that the deck did not have a c/o. We are now trying to get everything legalized. Mr. Casella: The deck is the same size but just repaired it. Mr. Prunty: Yes. Mr. Prager: Is there anyone in the audience for or against this variance? Mr. Prager: Hearing none, do I have a motion to close the Public Hearing? Mr. Casella: I make a motion to close the Public Hearing. Mr. Johnston: Second. Mr. Prager: Do I have a motion to grant or deny this variance? Mr. Johnston: I make a motion to grant this variance. Mr. Casella: Second. Mr. Prager: Roll call vote. Ms. Rose: AI Casella Yes Peter Galotti Yes Bob Johnston Yes Howard Prager Yes 3 Town of Wappinger Zoning Board of Appeals January 14, 2014 Minutes Mr. Prager: Next on the agenda is a discussion on: Auaeal No. 13-7509 James Geraghty-Is seeking an area variance of Section 240-37 of Zoning Regulations in an R-15 Zoning District. -Where 12 feet to the side yard property line is required, the applicant can only provide 9 feet, thus requesting a 3 foot variance for an existing 12' X 20' deck (with no stairs). - The property is located at 14 Ardmore Drive and is identified by Tax Grid No. 6257-03-268482 in the Town of Wappinger. Mr. Prager: Please come up and state your name. Mr. Geraghty: My name is James Geraghty and I live at 14 Ardmore Drive. The deck was built by the previous owner approximately 18 years ago. Mr. Prager: How long have you owned the house? Mr. Geraghty: About 7 years. Mr. Johnston: Are you replacing the deck? Mr. Geraghty: No. Mr. Horan: It never had been approved. Mr. Prager: You didn't build the deck. It was already there. Mr. Geraghty: Yes. Mr. Prager: You are stating that you can provide 9 feet to the side yard. Mr. Geraghty: Right now it is 6 feet. Mr. Prager: On the plot plan you provided it says 6 feet. Sue, please make the changes. Mr. Johnston: Did you own the house in 2007? Mr. Geraghty: My son owned the house. 4 Town of Wappinger Zoning Board of Appeals January 14, 2014 Minutes Mr. Johnston: Where you issued a violation notice then? Mr. Geraghty: No. Mrs. Roberti: On your original building permit in 2007, the plot plan you included said you had 9 feet. So you remeasured, and now you only have 6 feet? Mr. Geraghty: It may be about 6 ~h feet. Mr. Prager: Do you have markings at your property line? Mr. Geraghty: Yes there are markings. Mr. Horan: I think for notice purposes it should be 6 feet. Mr. Johnston: I have questions about the violation notice back in 2007. Mrs. Roberti: What happened was in 2007, Sal Morello, one of our building inspectors, had found this. It was during the c/o search. He issued it on July 1, 2007. Mr. Geraghty came in and opened a building permit on July 3, 2007. Mr. Johnston: Was it to legalize the deck? Mrs. Roberti: Yes. I guess you bought the house around then. Mr. Geraghty: Yes. Mrs. Roberti: He opened the building permit and it was denied and he never came in to get the variance. We are now looking at expired building permits that were never issued and there are copies of letters to him to come in and get a variance. He is now trying to rectify his violation. Mr. Prager: We don't have a site plan on this, do we? How do you know where your property line is? Mr. Geraghty: There is a marking on the ground and there is a hedge between the two properties. Mr. Horan: Was there a survey when you bought the house? Mr. Geraghty: I don't think so. 5 Town of Wappinger Zoning Board of Appeals Mr. Prager: And you don't have a site plan. Mr. Geraghty: No. January 14, 2014 Minutes Mrs. Roberti: Does the deck over hang the house? Mr. Geraghty: No. Mr. Prager: We will do a site inspection this Saturday and the public hearing for the next meeting. Mr. Prager: The next item on the agenda is: Appeal No. 13-7513 James Sanborn-Is seeking an area variance of Section 240-37 of the Town of Wappinger Zoning Regulations in an R-40 Zoning District. -Where 50 feet to the rear yard property line is required, the applicant can only provide 25 feet, thus requesting a 25 foot variance for the placement of a 12 foot X 20 foot shed. -The property is located at 12 Dose Road and is identified by Tax Grid No. 6258- 04-930355 in the Town of Wappinger. Mr. Cappelli: My name is Alfred Cappelli and I am the architect for James Sanborn. We have recently designed a home that is under construction. The owner is looking to transport his 12 x 20 shed to this new location. There are some situations on the lot. Current drainage swales and curtain drains suggest we have limited locations for this shed. We are looking to put it in the upper right hand corner (pointing to the map). If I moved the shed up towards the front, I would be encroaching on the swale. Mr. Casella: Why are you moving the shed from its current location? Mr. Cappelli: The shed is on another lot and we are building this new house on Dose Road. He will be taking the shed from his existing house and placing it on his new lot. We have the same situation on the other side of the new house with curtain drains. Mr. Prager: We will do a site visit this Saturday and have a public hearing at our next meeting. Mr. Cappelli: The building is framed and is under construction. 6 Town of Wappinger Zoning Board of Appeals January 14, 2014 Minutes Mr. Johnston: Can you stake out where the shed is going to go. Mr. Cappelli: Yes. Mr. Horan: There are two different setbacks in the code for accessory structure depending on the size of the structure. This would be subject to the larger setback. Mr. Prager: The next item on the agenda is: Appeal No. 13-7510 Greenbaum & Gilhooley's-Is seeking the following (5) variances of Section 240- 18(f), and 240-37of Zoning Regulations in an HB Zoning District. The property is located at 1379 Route 9 and is identified by Tax Grid No. 6157-02-594684 in the Town of Wappinger. Where as 2 acres are required in an HB zoning district, the applicant is proposing to develop apre-existing non-conforming undersized lot, the applicant can only provide 1.89 acres, thus requesting a O.iiacre variance. 2. Where as 200 feet minimum lot depth is required, the applicant can only provide 149 feet4 inches, thus requesting a variance of 50 feet 6 inch for the proposed development of a pre-existing non-conforming under sized lot. 3. Where as 30 feet from the bank canopy roof, is required for a rear yard setback, the applicant can only provide 13feet 4 inches, thus requesting a 16 feet 8 inch variance. 4. Where as 75 feet front yard setback is required to a state or county highway, the applicant can only provide 69 feet 8 inches, for an existing front wall of the existing building, thus requesting a 5 feet 4 inch setback. 5. Where as 25% is required for landscaping, the applicant can only provide 12%, thus requesting a 13% variance. (As part of the mitigation that is being proposed, the applicant will obtain a Use & Occupancy permit from the NYS Department of Transportation. This will allow for the use of a portion of the NYSDOT right-of-way for landscaped planting beds. This will reduce the variance required for the minimum landscaped open space to 4.4 %.) 7 Town of Wappinger Zoning Board of Appeals January 14, 2014 Minutes Mr. Tinkelman: My name is Steve Tinkelman and I am the architect on this project. With me tonight is Bob Turner, Joseph Thompson from De Graw Architects, and Nick Citera who is one of the principals in this project. We are in front of the Planning Board and at the next meeting there will be a vote for a Neg Dec. We have worked with the professional from the town and where able to reduce the needed variances from 10 down to 5. The project will include the reusing of the Greenbaum & Gilhoolely's restaurant and the additional construction of retail space and a bank. The Greenbaum & Gilhooley's building is a two story building and the second story will be designed to be office space. Variance 4 has to do with the setback of the existing building. This site is long and narrow and has great visibility. Another variance that is needed is because the property is long and narrow and your code requires 2 acres but we only have 1.89 acres. As part of this application, one of the pieces we were able to work out is that there is going to be a permit for this area (pointing to the map) in the front which is about ~/4 of an acre. Right now it is only a grassed area, what would be nice now is we would be able to landscape this area. If you add this piece to the application, even though he does not own it, it becomes 2.13 acres. Mr. Galotti: Is that the DOT right away? Mr. Horan: The DOT has a pretty wide taking. What happened was DOT has taken that property back in the '60 and they took additional property. There is an access there in case an additional lane needs to be added and at this time they have no plans for that. They agreed to a lease agreement for the excess property. The applicant explained to the Planning Board that they tried to purchase that property but the DOT want to keep their options open and decided to just lease it. Mr. Prager: What happens in the future if the lease is revoked? Mr. Horan: That is why they are here for the variance. Mr. Tinkelman: There is some drainage in that area and the DOT didn't want to lose that control. Mr. Horan: This is contingent on site plan approval from the Planning Board. With reference to variance 1 and 2, the code allows the development of a substandard lot as long as you meet all the requirements. 8 Town of Wappinger Zoning Board of Appeals January 14, 2014 Minutes Mr. Tinkelman: The original plan for the bank was not turned. Since it was turned (pointing to the map) we are going to need a front yard variance because of the canopy. From a planning perspective this is a better plan to rotate the bank. We would like to ask the board if we had a better plan. The variance is for the canopy and not the building. Mr. Johnston: Is the canopy covering the teller portion and the exit lane? Mr. Prager: (Looking at the map) the canopy is here? Mr. Tinkelman: The canopy will not be covering the exit lane. Mrs. Roberti: It is 13' 4" to the property line. Mr. Casella: Is it a large canopy or does each teller have their own canopy? Mr. Thompson: My name is Joseph Thompson and I work for De Graw Architects and we are designing the bank. (Showing the board the drawings of the bank). Mr. Prager: Sue, we are reviewing the drawing of Ulster Savings Bank. (Drawings are available for review). Mr. Tinkelman: Nick Citera does like landscaping and plans to landscape this development and make it very attractive. Mr. Johnston: The percentage that you need for the variance, 25% is required, with the DOT property, what is the percentage you are going to need? Mr. Tinkelman: Your code requires 20,473.2 square feet and the numbers that Bob Turner came up with is 19,169 square feet. This leaves us with a short fall of 1,304.2 square feet. Which is .03 acres, which come out to 3 %? Mr. Tinkelman: We are in front to the Planning Board next Wednesday and the board will vote on a Negative Declaration, and then come back to you at the next meeting for a Public Hearing. Mr. Prager: We will make a Public Hearing for the next meeting and have a site visit this Saturday. We would like some markings on the ground where the buildings are going to be or have someone out there to 9 Board: Aye. Mr. Prager: Can I have a motion to come out of executive session? Mr. Galotti: I make a motion to come out of executive session. Mr. Johnston: Second. Mr. Prager: All in favor? Board : Aye. Mr. Prager: Can I have a motion to adjourn this meeting? Mr. Johnston: I make a motion to adjourn this meeting. Mr. Casella: Second. Mr. Prager: All in favor? Board: Aye. Town of Wappinger Zoning Board of Appeals January 14, 2014 Minutes point out the locations of the buildings. Does anyone have any other questions? The public hearing will be at the next meeting. Mr. Prager: Can I have a motion to go into executive session? Mr. Galotti: I make a motion to go into executive session. Mr. Johnston: Second. Mr. Prager: All in favor? Respectfully Su fitted, Susan Rose, Secretary Zoning Board of Appeals 10 MINUTES Town of Wappinger Planning Board Town Hall January 6, 2014 20 Middlebush Road Time: 7:00 PM Wappinger Falls, NY Members Present: Mr. Valdati: Chairman Mr. Malafronte: Member Ms. Leed: Member Mr. Fanuele: Member Ms. Bettina: Member Mr. Dao: Absent Ms. Visconti: Absent Others Present: Mr. Gray Engineer to the Town Ms. Roberts Attorney to the Town Mr. Stolman Planner to the Town Mrs. Roberti Zoning Administrator Ms. Rose Planning & Zoning Secretary SUMMARIZED PROJECTS DISCUSSED: Calvary Chapel of the Hudson Valley Stonegate (Alterations for Saz, Inc.) St. Gregory's Church OUTCOME Adjourned until January 22nd Resolution moved Resolution moved Greenbaum & Gilhooley's Site Plan Neg Dec and go to ZBA Smart Subdivision Formal Submission Town of Wappinger Planning Board Summarized Minutes -January 6, 2014 Page 2 Mr. Valdati: Please rise for the Pledge Allegiance. Mr. Valdati: First item on the agenda is: Acceptance of the minutes from June 17, 2013 and August 5, 2013 Mr. Valdati: Do I have a motion to accept the minutes? Ms. Leed: I make a motion to accept the minutes. Ms. Bettina: Second. Mr. Valdati: Next on the agenda is: Adjourned Public Hearing: 10-3199 /Calvary Chapel of the Hudson Valley: -The Town of Wappinger Planning Board will conduct an adjourned public hearing pursuant to Article IX, Section 240-87 and 240-57 to discuss a site plan for a place of worship that would consist of 24,000 sq. ft. and 200 parking spaces and 133 proposed parking spaces to be land banked for a total of 333 spaces on 48.86 acres in a CC & R-40 Zoning District. The property is located on Route 376 and Diddell Road and is identified as Tax Grid No. 6359-03-176082 in the Town of Wappinger. (Berger)(LA June 1, 2010)(Neg Dec 9-16-13 ) Mr. Valdati: Do I have a motion to open and adjourn this? Ms. Malafronte: I make a motion to open and adjourn this until January 22na Mr. Bettina: Second. Mr. Valdati: Next on the agenda is: 07-3146/Stonegate (Alterations for Saz, Inc.) - To vote on a resolution for the application of Stonegate (Alterations for Saz, Inc) for an Amended Site Plan and for a Special Use Permit of the Town Code for the modifications to the site plan. The property is 2.86 acres in a HB zone 2 Town of Wappinger Planning Board Summarized Minutes -January 6, 2014 Page 3 and is located at 1316 Route 9 and is identified by Tax Grid No. 6157-02-641504 in the Town of Wappinger. (Berta) (Neg Dec 9/16/13) Mr. Valdati: We have a resolution that has been prepared. Do I have a motion to move this resolution? Mr. Fanuele: I make a motion to move this resolution. Ms. Bettina: Second. Mr. Malafronte: There is a new law in our code concerning the boarding house and it is being presented to the state. Mr. Stolman: It is effective now. Mr. Roberts: What happens is it is effective upon adoption by the Town Board. Mr. Stolman: It was adopted by the Town Board in the middle of November. Mr. Malafronte: Have the comment in David's letter concerning the engineer's comments been addressed? Are they still pending? Mr. Gray: Some of them are. Mr. Stolman: They don't need to be at this time. They are conditions of the approval. Mr. Gray: The approval is subject to these conditions. Mr. Malafronte: And the Board of Health review? Mr. Stolman: This is how the Planning Board normally operates. Mr. Malafronte: What is the time frame before you see an approval? 3 Town of Wappinger Planning Board Summarized Minutes -January 6, 2014 Page 4 Mr. Stolman: A resolution has an expiration date. As long as the conditions are fulfilled before the expiration date, the applicant is fine. Basically the applicant has one year to fulfill their obligations. Mr. Valdati: Can I have a roll call vote? Ms. Rose: Victor Fanuele Aye Angela Bettina Aye Frank Malafronte Aye Marsha Leed Aye Robert Valdati Aye Mr. Valdati: Next on the agenda is: 13-3295 / St. Gregory's Church-To vote on a resolution for the replacement of an existing open stairs with terraced steps and landing, covered by an open canopy structure. The property is located at 1500 Route 376 and is identified as Tax Grid No. 6259-04-715115 in the Town of Wappinger. Mr. Valdati: Would anyone like to move the resolution? Ms. Leed: I make a motion to move the resolution. Ms. Bettina: Second. Mr. Malafronte: Barbara, you made a couple of changes in the resolution at the last minute. Was that because of SEQRA? Mrs. Roberti: There were a few places that Al wanted the wording changed. Mr. Malafronte: They are putting the steeple in the front and they also have a steeple on the roof in the middle of the building. It wasn't there in 2010. Mrs. Roberti: The steeple may have been part of phase 1. Fr. Alex: I would like to explain. (Showing the board the model) This is the old church and it had a steeple and an old navy bell here. When the roof was redone, the steeple was removed and the bell was put into storage. 4 Town of Wappinger Planning Board Summarized Minutes -January 6, 2014 Page 5 That steeple will not return and a new one will be put over the canopy including the bell. Mr. Valdati: Ms. Leed made a motion to move the resolution and Ms. Bettina seconded it. Roll call vote? Ms. Rose: Victor Fanuele Aye Angela Bettina Aye Frank Malafronte Aye Marsha Leed Aye Robert Valdati Aye Mr. Valdati: Next on the agenda is: 13-3279/Greenbaum & Gilhooley's Site Plan-To discuss the proposed site plan to include the current restaurant, an additional retail building and a standalone bank on 1.89 acres in an HB zoning district. The property is located at 1379 Route 9 and is identified as Tax Grid No. 6157- 02-594684. (Robert Turner [Tinkelman Architecture])(Neg Dec 9-16-13 ) Mr. Valdati: We have reviewed the information we have received from our professionals, DOT, DC Planning and other government agencies. It would seem appropriate that a Negative Declaration be drafted. Do I have a motion? Ms. Bettina: I make a motion to draft a Negative Declaration. Mr. Valdati: This needs to be in place so they can go to the ZBA to get approval for their variances. This would give us a leg up on the SEQRA process. Mr. Roberts: Maybe it would be helpful to see the revised plans first. Mr. Tinkelman: Since we were here last, we have spent a great amount of time talking to your professionals and working on the weaknesses of this project. The project is a little smaller than you saw last time. The bank has been rotated. This way the front line landscaping is consistent. It has made the circulation of parking better. When we first started we were looking at 10 variances, with some of these new Town of Wappinger Planning Board Summarized Minutes -January 6, 2014 Page 6 changes we were able to now only need 4. The site is 1.89 acres and the ordinance requires a minimum of 2 acres. David Stolman picked up any restaurant in this area has to have 2 acres. Mr. Stolman: Let me clarify that, any restaurant with a drive thru or a fast food restaurant. Mr. Tinkelman: There was a piece of property that we were going to try to buy from the state. The state has agreed to give us a license to it. The reason they didn't want to sell the piece is because they have some drainage in front of the site. We did get the ability to landscape it. We also got tentative approval for the curb cuts. The second variance has to do with lot depth which is 200 feet and we have only 175 feet. In rotating the bank you can see the facade in a nice way and we are able to take the parking here (pointing to the map) and create a more normal parking field; in doing so the canopy will need a variance. We will need to come back to you for signage. We would like to put signage in the back of this because there is traffic on both sides of the building. Mr. Stolman: The Planning Board has the authority to modify to vary from specific requirements that are in the signage provisions. Mr. Tinkelman: I don't have any signage plans with me tonight but I will come back to the board with plans. Mr. Valdati: We don't have any objection to that and this is something we did that with the old Pizza Hut location. Mr. Fanuele: If the tenants vary, do the parking spaces vary? Mr. Stolman: It depends on the total kinds of land use. If the total amount of the restaurant does not exceed 5,000 square feet it doesn't really matter where it is necessarily or how many restaurants there are. Mr. Tinkelman: Your ordinance allows the board to consider a shared parking. We have asked Phillip Grealy to do a parking study for us. The project would require 120 spaces. If these would be 10 x 20 spaces, there 6 Town of Wappinger Planning Board Summarized Minutes -January 6, 2014 Page 7 would be 100 spaces. We understand there is consideration in front of the Town Board to reduce the parking space size to 9 X 8. That would raise the count to 110; so right now our short fall is 10. Mr. Grealy: Besides being asked to do a traffic study, we were also asked to do a parking study. We have referenced studies that have recommend share parking. At different times of the day, there would be peaking. To avoid over parking areas, it recommends looking at the individual uses and look how they would be used over the course of the day and to see what benefit there would be with shared parking. The other study was the space size. Currently the size is 10 x 20 but the industry standard now is 9 x 18. There would be a benefit going to the 9 X 18. We came up with 95 spaces needed at the maximum time; with this study we feel that shared parking is the way to go. This is consistent with the county's recommendation. Mr. Fanuele: Suppose you don't put a bank there, would the parking spaces change? Mr. Grealy: If a bank doesn't go there, what would that space be used for? Something would have to go there and parking would be needed. Ms. Leed: What concerns me is not meeting the landscaping requirements. It doesn't seem like a large percentage. Mr. Grealy: I think if the town goes with the 9 x 18 space sizing and we would be able to pick up those additional 10. Then some of those 10 could be land banked and used for landscaping. Mr. Malafronte: Are you putting an additional fast food in there or is Greenbaum & Gilhooley's going to be the only fast food restaurant in there. Mr. Tinkelman: There are no leases signed currently. The only thing that is solid and confirmed is the bank. Mr. Malafronte: So the retail can vary? If you have two, they would have different peak times and that would change the patterns. 7 Town of Wappinger Planning Board Summarized Minutes -January 6, 2014 Page 8 Mr. Grealy: From traffic and parking stand points, at a high end of traffic generation I think there would be more traffic in and out. In terms of the parking requirements, would it be higher, I don't think so because there would be quicker trips in and out. I think it is two separate issues. Ms. Leed: Do the 9 x 18 parking spots need a variance? Mr. Stolman: Al and I are working on a local law having to do with this. Mr. Tinkelman: With your permission and with our risk, we would like to submit with the 9 x 18 parking spaces and if it is not passed it would be on us to go back and resubmit. Board: Mr. Malafronte: Mr. Tinkelman: Mr. Malafronte: Mr. Stolman: Mr. Malafronte: Mr. Tinkelman: Mr. Valdati: Mr. Malafronte: Ms. Bettina: Mr. Valdati: Ms. Rose: Ok I know the county addressed sidewalks on the Old Route 9 side; are putting sidewalks back there? We have cross walks that we are proposing. David, has everything been addressed. To the point where a Neg Dec can be drafted. Will the retail area have a basement? There will be no basements. Do I have a motion to draft a Negative Declaration? I make a motion to draft a Negative Declaration. Second. Roll call vote. Victor Fanuele Aye 8 Town of Wappinger Planning Board Summarized Minutes -January 6, 2014 Page 9 Angela Bettina Aye Frank Malafronte Aye Marsha Leed Aye Robert Valdati Aye Mr. Valdati: Do I have a motion to have a letter drafted to the Zoning Board of Appeals informing them that we have reviewed this project and we give our approval for this project and a Negative Declaration is also being drafted. Ms. Bettina: I make a motion. Mr. Malafronte: Second. Mr. Fanuele: I vote no. The ZBA should make their own decision. Mr. Valdati: Let the record reflex Mr. Fanuele's decision. Mr. Tinkelman: We will not start the engineering process until we know we have the variances. I would like to introduce the architect for the bank. Mr. De Graw: My name is Jeff De Graw. I think there were some concerns at the last meeting but since the building was rotated I think your concerns have been met. (Distributed drawings of bank) There are also drawings of the interior of the bank. Mr. Valdati: Thank you. Does anyone have any questions? Mr. Horan: The encroachment should also be included in the variance so it will become conforming instead of staying nonconforming. Mr. Malafronte: If you don't get anything from the DOT, which way are you going? Mr. Tinkelman: They already got approval. Mr. Valdati: The plans look good and contact Ms. Rose when you want to be put on the agenda. 9 Town of Wappinger Planning Board Summarized Minutes -January 6, 2014 Page 10 Mr. Valdati: Next on the agenda is: 13-3194 /Smart Subdivision- To discuss a proposed 2-lot subdivision where the existing home will remain on lot 1 and a second lot will be created in the rear of the parcel. Each lot will be served by private wells and subsurface sewage disposal systems and the existing driveway will continue to be used as a shared driveway for both lots. An individual paper driveway is shown on the plan as an alternate means of ingress/egress for Lot 2. The property is 2.059 acres and is located at 191 River Road North and is identified as Tax Grid No. 6056-01-241913 in an R-40 Zoning District in the Town of Wappinger. (Hudson Land Design) Mr. Koehler: My name is Dan Koehler and I am with Hudson Land Design. The subdivision calls for 2 lots. One new building lot and one with the existing structure on it. (Pointing to the map) this over here is the DEC property. With the description of the wells, as town water makes its way here it would be our discretion to connect to it. We will have sewer disposal systems. We did do soil testing at the sites and they are suitable for septic. We did site distant calculations and we met the site distance along River Road which is posted at 40 miles per hour. We did show a secondary driveway for the rear lot in the event there was an issue with shared driveways. We are here for comments on this conceptual application. Mrs. Roberti: A question came up to the nonconformity of the front house having 3 units in it. Each unit should have 20,000 square feet. It has that with 2 acres but split this in half and leaves approximately 40,000 square feet for the existing home it would increase the nonconformity. Mr. Koehler: As I understand it, they have an operational permit from the town as it is; so the existing use as a 3 family is has a permit. Mrs. Roberti: On 2 acres but now being subdivided you are increasing the nonconformity. 10 Town of Wappinger Planning Board Summarized Minutes -January 6, 2014 Page 11 Mr. Koehler: 240-56, article 8 of your zoning code, supplementary specialty use regulations and those only apply to special use permits which we are not asking for. We are asking for a subdivision. Mr. Stolman: What Barbara is saying is a legally non-conforming situation. There are roughly 3 dwelling units on 2 acres. By asking to put 3 dwellings on 40,000 square feet increases the non-conformity. That is the position Barbara is taking and she is the Zoning Administrator. Barbara is offering 240-56 as a way of subdividing the property without needing a variance. Mr. Koehler: We wouldn't be proposing a variance. We have treated this as a non- conforming use. Mr. Stolman: With all due respect, Barbara is the Zoning Administrator and she is the person in the town to make that determination if you need a variance or not. The position that she has taken is that you would need a variance. Mrs. Roberti: I will put it in writing and you can appeal to the ZBA. Mr. Koehler: What if we could work out a deed restriction, where the back lot can only be a single family lot. Mr. Stolman: I don't think it is a matter of negotiation. What the Zoning Administrator is trying to say it is not in the Planning Board`s purview or authority to put that 3 family dwelling on a 40,000 square foot lot. Mr. Koehler: I look at the code that as a special use permit and that is not what we are asking for. If we have to go to the ZBA, we can do that too. Mr. Stolman: You have two choices. One is going to the Zoning Board of Appeals. Mr. Horan: What would the variance be? Mr. Stolman: We had a conversation this afternoon and Al is going to recues himself from this project. 11 Town of Wappinger Planning Board Summarized Minutes -January 6, 2014 Page 12 Mr. Horan: Mr. Stolman: Mr. Valdati: Mrs. Roberti: You can ask for an interpretation and ask if Barbara's interpretation of the code is correct. The other is that you can ask for a special permit. Would the Planning Board give their recommendation to the ZBA or should we wait. I think you should wait for me to write my letter of determination and a formal application. Mrs. Roberti: 1070-1072 Route 9 pulled themselves from the agenda tonight. I did print up some pictures. Mark Day could not get his clients in compliance. December 27th was the date they were supposes to clear up the violations. They were told that if the dead line is not meet I would start issuing tickets. They were informed that the port a potties were to be moved and they have not been moved. Mr. Valdati: Can I have a motion to go into executive session. Ms. Bettina: I make a motion to go into executive session. Mr. Malafronte: Second. Mr. Valdati: Can I have a motion to adjourn this meeting? Ms. Bettina: I make a motion to adjourn this meeting. Ms. Leed: Second. Mr. Valdati: All in favor? Board: Aye. Respectfully, 12 Town of Wappinger Planning Board Summarized Minutes -January 6, 2014 Page 13 Sue Rose, Secretary Planning Board 13 ~, Town of Wappinger Planning Board January 22, 2014 Time: 7:00 PM Members Present: Mr. Valdati: Ms. Leed: Ms. Bettina: Ms. Visconti: AMENDED MINUTES Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Mr. Malafronte: Member Member Mr. Fanuele: Member Member Mr. Dao: Absent Member Others Present: Mr. Gray Engineer to the Town Mr. Roberts Attorney to the Town Mr. Stolman Planner to the Town Mrs. Roberti Zoning Administrator Ms. Rose Planning & Zoning Secretary SUMMARIZED PROJECTS DISCUSSED: Adjourned Public Hearing: Obercreek Subdivision Calvary Chapel Discussion: Greenbaum & Gilhooley's Durants Tents & Events Osborne Inn Restaurant Prestige Mini OUTCOME Public Hearing closed Negative Declaration to be drafted Public Hearing closed Next meeting discussion of tree cutting Negative Declaration accepted Board to make site visit January 25tH Update survey Resolution accepted Discussed the possible purchase of the adjacent property Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 2 Mr. Valdati: Please rise for the Pledge Allegiance. Mr. Valdati: First item on the agenda is the acceptance of the minutes from January 6, 2014. Mr. Valdati: Do I have a motion to accept the minutes? Ms. Visconti: I make a motion to accept the minutes. Ms. Bettina: Second. Mr. Valdati: Next on the agenda is an adjourned Public Hearing: 11-5159/Obercreek Subdivision and Lot Line Re-alignment: The Town of Wappinger Planning Board will conduct an adjourned public hearing pursuant to Section 276 to discuss a proposed 14 lot subdivision and lot-line re-alignment on 32.95 acres in an R-40/80 zoning district. The property is located on New Hamburg Road & Marlorville Road and is identified as Tax Grid No. 6057-02-997768/ 6157-01-030738 in the Town of Wappinger. (Chazen)(LA April 8, 2011) Mr. Valdati: Do I have a motion to open the adjourned Public Hearing? Ms. Visconti: I make a motion to open the adjourned Public Hearing. Ms. Bettina: Second. Mr. Cantor: I believe all the questions have been answered. I hope you will see fit to have David Stolman prepare a Negative Declaration and preliminary subdivision approval. Mr. Valdati: Is there anyone in the audience or on the board that would like to speak on this application? Ms. Visconti: David, has everything been addressed? Mr. Stolman: In a memo dated November 13"', we have stated that all our comments have been satisfied. Mr. Valdati: Do I have a motion to close the Public Hearing? 2 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 3 Ms. Visconti: So moved. Ms. Leed: Second. Mr. Valdati: All in favor? Board: Aye. Mr. Valdati: Do I have a motion to have Mr. Stolman draft a Negative Declaration and preliminary approval? Ms. Visconti: I make a motion to have Mr. Stolman draft a Negative Declaration and preliminary approval. Ms. Bettina: Second. Mr. Valdati: All in favor? Board: Aye. Mr. Valdati: The next item on the agenda is an adjourned Public Hearing: 10-3199 /Calvary Chapel of the Hudson Valley: -The Town of Wappinger Planning Board will conduct an adjourned public hearing pursuant to Article IX, Section 240-87 and 240-57 to discuss a site plan for a place of worship that would consist of 24,000 sq. ft. and 200 parking spaces and 133 proposed parking spaces to be land banked for a total of 333 spaces on 48.86 acres in a CC & R-40 Zoning District. The property is located on Route 376 and Diddell Road and is identified as Tax Grid No. 6359-03-176082 in the Town of Wappinger. (Berger)(LA June 1, 2010)(Neg Dec 9-16-13) Ms. Visconti: Move to open the adjourned Public Hearing. Mr. Malafronte: Second. Mr. Valdati: All in favor? Board: Aye. Mr. Cantor: There was a meeting on site with the town's representatives, DOT representatives and traffic experts on behave of the applicant. After the meeting it was decided that the access point is going to be moved 10 or 15 feet. A traffic report was submitted by Mr. Grealy. I understand that the professionals have 3 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 4 some additional questions. There are trees on the property that need to be cut and these need to be cut before March 31St due to the roosting of the Indiana Bats. Mr. Valdati: Is there anyone in the audience that would like to comment on this project? Mr. Valdati: Hearing none, does anyone on the board have any questions? Ms. Leed: Do you have a map showing the old location and the new location? Ms. Zerfas: (Pointing to the map) explains locations. Mr. Grealy: We did collect speed and traffic data at that site. We looked at it during the day and on the weekend. Mr. Grealy discusses his finding in the report. Mr. Cantor: DOT does agree with this plan. Mr. Valdati: I think the DOT was premature in agreeing with this. Ms. Visconti: My concern is going in and leaving. Coming around the turn and having a line of cars waiting to enter, the driver may not be able to stop and will rear end the cars in the line. Mr. Grealy: Reads his report concerning speed data. (Reports available upon request) Mr. Valdati: One moment of hesitation and an accident can happen. We are going to review this very carefully. Ms. Leed: Has a traffic light or warning lights been considered? Mr. Grealy: A traffic light would not be warranted here. To get a traffic light you would need a certain amount of traffic during certain periods of the day. The warning beacons may be a condition that the DOT gives us. Ms. Visconti: Will DOT take into consideration our concerns? Mr. Roberts: The DOT has the authority to approve or disapprove any improvements to a state road. That also includes any intersection on a state road. Mr. Stolman: We did send them a letter stating our concerns with their conceptual approval of this site. We will be reviewing the traffic study. 4 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 5 Mr. Cantor: May I ask for you to close the Public Hearing and we can take this project in pieces? Also, can you have David draft a resolution for the next meeting for preliminary approval if he receives the information he needs? Mr. Stolman: It would be too much to accomplish in 2 weeks. There were a number of issues in our last memo that were supposed to be resolved after the Negative Declaration. I believe there has not been another submission since our last memo last November. Ms. Zerfas: Not of the site plan just the DOT information. Mr. Stolman: I think a resubmission of the site plan in needed. It needs to address Bob's comments and my comments. Mr. Valdati: Can I have a motion to close the Public Hearing? Mr. Malafronte: I make a motion to close the Public Hearing. Ms. Visconti: Second. Mr. Valdati: All in favor? Board: Aye. Mr. Valdati: Now about the trees. Would it be alright to have them cut down the trees while this project is still open? Mr. Stolman: You have done this before with a restoration bond. Mr. Cantor: Why would you need a restoration bond? If for some reason the project does not go through, the cutting of the trees impact no one. Ms. Visconti: How many trees are we talking about? Mr. Cantor: I don't know. Mr. Roberts: If the project doesn't go through, there needs to be replanting. Ms. Zerfas: (Pointing to the map) it will be these trees. Mr. Cantor: Can the Planning Board make a motion saying that the board has no objection in the trees being cut subject to the advice of the consultants? Mr. Stolman: I think the board should make the decision. 5 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 6 Mr. Valdati: I make a motion that we hold this until we get a recommendation from Mr. Stolman and Mr. Roberts as to the issue of the cutting of the trees and what is required. I would like this on the next agenda. Mr. Malafronte: Mr. Valdati: Board: Mr. Valdati: Second. All in favor? Aye. The next item on the agenda is: 13-3279/Greenbaum & Gilhooley's Site Plan-To vote on a Negative Declaration for the proposed site plan to include the current restaurant, an additional retail building and a standalone bank on 1.89 acres in an HB zoning district. The property is located at 1379 Route 9 and is identified as Tax Grid No. 6157-02-594684. (Robert Turner [Tinkelman Architecture])(LA 8/26/ 13) (Neg Dec 1 /22/ 14) Mr. Tinkelman: We have nothing new to show you having to do with the drawings. We did meet with the ZBA and had a site visit. Ms. Visconti: I make a motion to accept the Negative Declaration. Ms. Bettina: Second. Mr. Valdati: Roll call vote Ms. Rose: June Visconti Aye Victor Fanuele Aye Angela Bettina: Aye Frank Malafronte No Marsha Leed Aye Robert Valdati Aye Mr. Valdati: The next item on the agenda is: 13-3289/Durants Tents & Events-To discuss the proposal of combining their two lots and removing 1,138 square feet from an existing building to add a 3,600 square foot addition to the northwest corner. With the proposed modification/addition, the building will contain 4,799 square feet of retail and 7,248 square feet of storage. In addition 4 additional parking spaces will be added. The property is located at 5 Osborne Hill and 1155 Route 9 and is identified by Tax 6 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 7 Grid No. 6157-04-632086(Route 9) and 6157-04-627103(Osborne Hill Road) in the Town of Wappinger. (Povall) Mr. Povall: We were here before you about 2 month ago with a conceptual application. (Pointing to the map) this is the building for Durants Tents & Events. This is Rt. 9 southbound and this is Osborne Hill Road. There are 2 parcels. Parcel A and the smaller Parcel B. There was a house on Parcel B that burnt and was taken down for safety reasons. We are looking to square off the building. It will be a 3600 square foot addition that will be used for storage. We are proposing to extend the parking lot and we are required to add 18 new parking spaces because of this new addition and we are proposing land banking half of them. The fenced in area will remain for some storage and their delivery trucks. (Pointing to the map) there will be a display area in this front corner. There will be low landscaping along the perimeter. We will have to relocate the septic with this new plan. We would need a variance for this addition. By combining these two parcels it will get us closer to our 2 acre minimum. Mr. Valdati: I would like to see photos of the display area. Mr. Malafronte: Do you have tractor trailers in the back? Mr. Lois: No. Mr. Valdati: Would the board like to do a site visit? Board: Yes. Mr. Valdati: This Saturday, January 25th at loam. Mr. Gray: You would need to update the survey and we need a subdivision application to combine the lands. Mr. Fanuele: Will the exit be out to Osborne Hill Road? Mr. Lois: No, it will be Rte. 9. Mr. Valdati: The next item on the agenda is: 13-3287 / Osborne Inn Restaurant- To vote on a resolution concerning the architectural changes to the south side of the existing restaurant. The applicant has constructed a small addition to the south side and is proposing on enlarging the original outside deck for dining. The 7 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 8 property is located at 146-150 Osborne Hill Road and is identified as Tax Grid No. 6156-01- 485668 in the Town of Wappinger. Mr. Valdati: We do have a resolution, what is the pleasure of the board? Mr. Fanuele: I make a motion to move the resolution. Ms. Bettina: Second. Mr. Valdati: Roll call vote. Ms. Rose: Frank Malafronte Aye Marsha Leed Aye June Visconti Aye Victor Fanuele Aye Angela Bettina Aye Robert Valdati Aye 1/22/14 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: OSBORNE INN - RESOLUTION OF SITE DEVELOPMENT PLAN APPROVAL At a regular meeting of the Planning Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the day 2014 at 7:00 P.M. The meeting was called to order by the Chairman Robert L. Valdati and the Planning Board member attendance was as follows: Robert L. Valdati Angela Bettina Max Dao Victor Fanuele Marsha Leed Francis Malafronte June Visconti 8