1988-03-22ZONING BOARD OF APPEALS TOWN HALL
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MARCH
AGENDA ARCH 22N0, 1988 - 7:00 P.M. t4 ^ F��L��' N.Y.���LEB0SN ROAD
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ROLL CALL:
MINUTES:
1. Vote on the Minutes of the February 9th, 1988 Special Meeting.
PUBLIC HEARINGS:
1 Appeal #1023, at the request of Dr._Paul_Bsr����ll, seeking a vari-
ance of Article IV, S412 of the Town of Wappinger Zoning Ordinance to
allow for the issuance of building permits and a Right of Way on prop-
erty located on Wheeler Hill Road, and being Parcel #'s 6057-04-677284,
700267, 706292, & 684243, in the Town of Wappinger.
2. Appeal #1030, at the request of �erald_7[._Jackson, seeking a vari-
ance of Article IV, S421 of the Town of Wappinger Zoning Ordinance to
allow a 6 foot sideyard variance where 30 foot is required in the
"Quiet Acres Subdivision" on property located on 6 Helen Drive, and
being Parcel #6157-02-743800, in the Town of Wappinger.
3. Appeal #1031, at the request of Paul_&_Jody_qgj@M99, seeking a
variance of Article IV, S421 of the Town of Wappinger Zoning Ordinance
where 50 foot frontage is required and the applicant is requesting a 20
foot variance and where the sideyard requirement is 25 feet and the
applicant is requesting a 12.33 foot variance on property located on
Old Ketchamtown Road, and being Parcel #6157-01-324995, in the Town of
Wappinger.
OLD BUSINESS:
1. Appeal #1028, at the request of G_S_&_Associates, seeking a vari-
ance of Article IV, S422 of the Town of Wappinger Zoning Ordinance to
allow a 50 foot frontyard setback were 75 feet is required on property
located on Route 82, and being Parcel #6357-03- 255010, in the Town of
Wappinger.
NEW BUSINESS:
1. Appeal #1022, at the request of D��n_��._��Iy���, seeking a Special
Use Permit of Article IV, S430, P1 of the Town of Wappinger Zoning
Ordinance to permit an accessory use to establish a real estate & brok-
erage office on property located on New Hackensack Road, and being Par-
cel #6158-04-614349, in the Town of Wappinger.
2. Appeal #1032, at the request of Glenn, seeking a re -hearing
of Article IV, S477.2 of the Town of Wappinger Zoning Ordinance where
the requirement is not to exceed 15% for the driveway grade and the
applicant has a small section of the driveway at 18% on property
located on Smithtown Road, and being Parcel #6256-01-185810, in the
Town of Wappinger.
P.O. Box 324
20 Middlebush Road
Wappingers Falls, NY 12590-0324
TOWN OF WAPPINGER
Memo. To: Zoning Board of Appeals
From: Linda Berberich, Secretary
Date: March 4th, 1988
Subject: Addition to the March 22nd, Agenda
Please add the following:
ZONING BOARD OF APPEALS
Appeal #1013, at the request of David & Susan Levitan, seeking a variance of
Article IV, §412 of the Town of Wappinger Zoning Ordinance to allow for the
issuance of a building permit on a lot which does not have legal road frontage
on a Town Road on property located on Myers Corners Road, and being
Parcel #6258-02-894596, in the Town of Wappinger.
ZONING BOARD OF APPEALS
MARCH 22ND, 1988 - 7:00 P.M.
MINUTES
THESEMINUTES HAVE NOT BEEN
SUBMITTED TO, REVIEWED OR
APPROVED BY THE:
&�ZOMiNG BOARD OF APPEALS
[]PLANNING BOARD
TOWN HALL
MIDDLEBUSH ROAD
WAPP. FALLS, N.Y.
The regular meeting
of the Zoning
Board of Appeals
was held on Tuesday,
March 22nd, 1988 at
the Town Hall,
Middlebush Road,
Wappinger Falls,
N.Y., beginning at
7:00 P.M..
MEMBERS PRESENT:
Mr. James Brooker, Chairman Mr. Michael Hirkala
Mr. Jim Tompkins Mr. Alan Lehigh
Mrs. Alberta Roe
OTHERS PRESENT:
Ms. Linda Berberich, Secretary
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The meeting was called to order at 7:05 P.M..
MINUTES:
1. Vote on the Minutes of February 9th, 1988 Meeting.
Mr. Tompkins made a motion to approve the Minutes.
Mr. Hirkala seconded the motion.
Vote: All ayes
The motion was carried.
PUBLIC HEARINGS:
Mr. Brooker read the first item:
1. Appeal #1023, at the request of Qql_Pgrrpll, seeking a variance of
Article IV, S412 of the Town of Wappinger Zoning Ordinance to allow for
the issuance of building permits and a Right of Way on property located
on Wheeler Hill Road, and being Parcel #'s 6057-04-677284, 700267,
706292, & 684243, in the Town of Wappinger.
There was no one present.
Mr. Brooker stated, I understand from the letter I have here from the
Zoning Administrator that the notices to the interested parties were
not mailed and has agreed with the applicant's attorney that Dr. Bar-
rell will adjourn until the April 12th, 1988 meeting for final disposi-
tion.
Mr. Hirkala made a motion to table until the next meeting.
Mr. Lehigh seconded the motion.
Vote: All ayes
The motion was carried.
Mr. Brooker read the next item:
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^
2. Appeal #1030, at the request of Ge��ld_T�_J��k�g�� seeking a vari-
ance of Article IV, S421 of the Town of Wappinger Zoning Ordinance
to allow a 6 foot sideyard variance where 30 foot is required in the
"Quiet Acres Subdivision" on property located on 6 Helen Drive, and
being Parcel #6157-02-743800, in the Town of Wappinger.
Gerald Jackson was present.
Due to problems with the tape the following portions of the Minutes are
incomplete.
Mr. Jackson presented the Secretary with the list of the abutting
property owners and the returned green cards.
There was a question as to whether this lot is in a subdivision that
received an average density bonus.
Mr. Brooker asked if there was anyone in the audience who wished to
speak for or against this appeal.
Mrs. Roe made a motion to close the public hearing.
Mr. Tompkins seconded the motion.
Vote: All ayes
The motion was carried.
Mr. Hirkala made a motion to declare a negative declaration.
Mr. Tompkins seconded the motion.
Vote: All ayes
The motion was carried.
Mr. Lehigh made a motion to grant the requested variance subject to
certification from the Zoning Administrator that this lot is in an
average density subdivision.
Mrs. Roe seconded the motion.
Vote: All ayes.
The motion was carried.
Mr. Brooker read the next item:
3. Appeal #1031, at the request of p��l_X�_J���_�gl����, seeking a
variance of Article IV, S421 of the Town of Wappinger Zoning Ordinance
where 50 foot is frontage is required and the applicant is requesting a
20 foot variance and where the saideyard requirement is 25 feet and the
applicant is requesting a 12.33 foot variance on property located on
Old Ketchamtown Road, and being Parcel #6157-01-324995, in the Town of
Wappinger.
Paul & Jody Coleman and Donald Schwartz, Architect were present.
Mr. Brooker asked if there was anyone who wished to speak for or
against this appeal.
There was no one present.
There was a brief discussion on this appeal.
Mr. Lehigh made a motion to close the public hearing.
Mr. HIrkala seconded the motion.
Vote: All ayes
The motion was carried.
Mr. Tompkins made a motion to declare a negative declaration.
Mr. Lehigh seconded the motion.
Vote: All ayes
The motion was carried.
Mr. Tompkins made a motion to grant the requested variance.
Mr. Lehigh seconded the motion.
Vote: All ayes
The motion was carried.
OLD BUSINESS:
Mr. Brooker read the next item:
1. Appeal #1028, at the request of G_S_&_Aqgpqiqtpq, seeking a vari-
ance of Article IV, S422 of the Town of Wappinger Zoning Ordinance to
allow a 50 foot frontyard setback where 75 feet is required on property
located on Route 82, and being parcel #6357-03-255010, in the Town of
Wappinger.
There was no one present.
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Mr.
Mr. Brooker referred to a letter from the Zoning Administrator dated
April 12th, 1988. (Letter on File)
Mr. Hirkala made a motion to adjourn this appeal until the April 12th,
1988 agenda or until a response is received from the N.Y.S. Dept. of
Transportation.
Mr. Lehigh seconded the motion.
Vote: All ayes
The motion was carried.
Mr. Brooker stated that this next appeal was added to the agenda:
2. Appeal #1027, at the request of Jgbn_&_QtEi�iP_Sgk91, seeking a
variance of Article IV, S470 of the Town of Wappinger Zoning Ordinance
to allow a variance of 25 feet where 58 foot is required on property
located on MacFarlane Road, and being Parcel #'s 6157-04-501344 &
828325, in the Town of Wappinger.
There was no one present.
Mr. Hirkala made a motion to table thisappeal.
Mr. Lehigh seconded the motion.
Vote: All ayes
The motion was carried.
Mr. Brooker stated that they would go to Appeal #1013.
3. Appeal #1013, at the request of Dqyid_& _QyiQn, seeking a
variance of Article IV, S412 of the ON mf hJappinger Zoning Ordinance
to allow for the issuance of a building permit on a lot which does not
have legal road frontage on a Town Road on property located on Myers
Corners Road, and being Parcel #6258-02-894596, in the Town of Wap-
pinger.
David & Susan Levitan were present.
Mr. Hirkala made a motion that the Zoning Board not act until the
applicant can prove that this is a legal lot to the satisfaction of the
Attorney to the Town and refer to the Planning Board.
Mr. Lehigh seconded the motion.
Vote: All ayes
The motion was carried.
NEW BUSINESS:
Mr. Brooker read the next item:
1. Appeal #1022, at the request of Dg"n_M�_F!YD9, seeking a Special
Use Permit of Article IV, S430, P1 of the Town of Wappimger Zoning
Ordinance to permit an accessory use to establish a real estate &
brokerage office on property located on Dorothy Heights, and being
Parcel #6158-04-614349, in the Town of Wappinger.
Dawn Flynn was present.
Mr. Brooker read a letter from Mr. Levenson dated April 12th, 1988.
(Letter on File)
Mr. Hirkala made a motion to table this item until the April 12th, 1988
meeting.
Mr. Lehigh seconded the motion.
Vote: All ayes
The motion was carried.
Mr. Brooker read the next item:
2. Appeal #1032, at the request of G1 'i
seeking a re -hearing
of Article IV, S477.2 of the Town of Wappinger Zoning Ordinance where
the requirement is not to exceed 85% for the driveway grade and the
applicant has a small section of the driveway at 10% on property
located on Smithtown Road, and being Parcel #6256-01-185810, in the
Town of Wappinger.
Glenn LaDue was present.
Mr. Brooker read a letter from Mr. Levenson dated April 12th, 1988.
(Letter on File)
Mr. Hirkala made a motion to grant a re -hearing and set the public
hearing for April 12th, 1988.
Mr. Tompkins seconded the motion.
Vote: All ayes
The motion was carried.
Mr. Lehigh made a motion to adjourn.
Mrs. Roe seconded the motion.
0
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Vote: All ayes
The motion was carried.
The meeting was adjourned at 7:55 P.M..
lb
Respectfully submitted,
Linda Berberich, Secretary
Zoning Board of Appeals