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1988-08-23XL r + r,. �;zv y'• ;� ,,,,, �.. _-.. z ^..« 'S-'c*c••� �{,n+'gA�^'+?`•°rtt?ss: v,�so ..��'P'%c k. T+a�c.,w.'�S y'�i.2'$ti"a.,,'•r�+:f 'u.,�, «'F.�s• �,}.x:, ,.+.: ..t•"ia �v z 'an:. •a6"Y'trr.,_ •y3'++'+t'+e,.3.+ ♦'s: ti"- w,•.�i`Ca+ a ,t:�:v t> ,V ei7J'-�,.e .r"c9''!'.M` �.,�'e-a if.3'`ri.-e.S<a•h,.irsrr✓i+F+.w.,r'rt �w".. a•. 'Y'!-iF'�Si's.;�'..w� �'�+3' '�s ._...... .q.- �.�y trr-..=, wx. ...,.�# rv, `4w._ _. ._-... ... .. ...... ... ".. •. .. ... .... ... x.,�. ,da2r: 1+...,rt�-�,�: - ".- __ Please be _adv ned .... _.. _ the ♦,/ 1 1 V YY i it 1 , {;.. d �:� �t �..� � .i: _ � "' J _ t :� -, Zoning Board c;' . c t i nzer .. _on August `2�_r�����a.•a�_��:_-; 1 1 _ ������.�:�,_:�-C�--�:i-.slc,'1::Lu��-�' �c�� --�c�- . ____�._. .__�__. > pinger•s New York .:,. .._f, at 7.,,Cr•,_ NEW EUSINESS: App3al s #1041 t ' _ r _ , ,,, x FwtrYzum,.1�: C., seeing a p _ - -• T=LQW.: .._ _- 422 Paragraph; ,�_.. . _ .. .. _, __ ,� .�1 :-T i; Inge _ _ •. , . r J v - ., I '•t r 1-aS - i' v r 1.. L 1 '.i CJ ,..� Zoning Ord i nal` _.., 1, i L�. a recyclable f ,, _ I _-.. rr - _ Zo, ' _ l t. � mlocz Corners Road a"d - load N t t 2 1 Being Parcel ;r a_ , -,w _w..=. Appeal #1043 a - !I, a Special Use ... : - 22n 1 :,,,, i 1 , , 7 n: ': , '._.• Az 1707 - 1V 1001, _n o :;f `_ho Tawn of Wappi nger Z .- ... 7 _ w _\; 1 w ,>; 2: _ Tc,l., , _' y zalz or .. -Pl ants and Aro.- nd _ _ . _ S: w,•,A O .& Pv_,u. I.0 _ located .a t 4S Lose Drive _ =_ _.....� _ • _ -. , _ _ _... i .: Parcel #3157-0.... - ,_..rt ` ' OLZ 4L_ _ Appaois 41040 ' 1 Variance of At _ .. _ r 1 r _ _.." Zoning Ordinan_ _ .-_.:_ : _.. ___` :n") fast '__ _-q.,i-ed- and the ".»_ Applicant has --= - _ - 1111 w ==. __ - - �. _ . Z - -'' l_ --_z to erect an at:.a..-__ . L 1 -. — L 1 L � r ___?;_ __- _o __-1 loza_al al. ZZ _ Pine Hill Drive a:_'w M: F _ •_3 =;:.ZU7517=300. Appeal #1012 A L,. , 7:102= - - r: z a seeking a Variance, _ . of Article IV - t � --•, _- . , , f the .-_.. Of --f1 ^r -n1' _ -_� _ .._ _ ♦+IJ1f VL f7 ...�� ay�.� L�. M9 -••1111' Ordinance to allow .,_ 7 _ _ a_ ' = d 7100:2 Five (2 5) Feet is _- a in -_ _ a - __ � E --u s _. �. Property located - _` a��3 \� _ n ' - Ramjet " ADMINISTRATIVE: Appeal #1034 at `_._ ': ::-->- tha _.' Z. __ `�. a rehew_ seeking T_:_� _ - _ , -, - _i e _ s -r.it-C -=-_: `._ - granted at the : �.. _ , � :-�--= - �---•_=__._. of _- dance as attac__:2. XL r + r,. �;zv y'• ;� ,,,,, �.. _-.. z ^..« 'S-'c*c••� �{,n+'gA�^'+?`•°rtt?ss: v,�so ..��'P'%c k. T+a�c.,w.'�S y'�i.2'$ti"a.,,'•r�+:f 'u.,�, «'F.�s• �,}.x:, ,.+.: ..t•"ia �v z 'an:. •a6"Y'trr.,_ •y3'++'+t'+e,.3.+ ♦'s: ti"- w,•.�i`Ca+ a ,t:�:v t> ,V ei7J'-�,.e .r"c9''!'.M` �.,�'e-a if.3'`ri.-e.S<a•h,.irsrr✓i+F+.w.,r'rt �w".. a•. 'Y'!-iF'�Si's.;�'..w� �'�+3' '�s BOARD OF APPEALS 1;-eo&UNSGT 231 1908 MINUTES ROLL_ CALL: MEMBERS PRESENT: Mr, James Brooker, chairman Mr. Jim Tompkins Mr. Al Lehigh TOWN HALL 20 MIDDLEEUSH ROAD WAPP. FLS. NY 12590 Mr. Mike Hi rk.al a Mrs. Alberta Roe '.ETHER:. PRESENT: Ms. Lia Scianna, Secretary Mr. Herb Levenson, Toning Administrator, The meeting was called to order at 7:00 P.M. Mr. Brooker explained how the meeting would be conducted. NEW BUSINESS. Appeal #1041 at the request of Art --Tex Petroleum, Inc., .seeking a Special Use Permit Under Article IV Section 422 Paragraph 7 .and rection 430 of the Town of Wappi nger Zoning Ordinance. 1-�W Brooker asked the Secretary if the all the paper work was back. Mr. Levenson said that everything was returned. Mr. Lieberman was present. Mr. Lieberman said that he received a letter from them. Mr. Lehigh: How much traffic are you going to have besides the fill u p h Mr. Lieberman: I don't have an ,answer for that because I didn't have any plans on that matter. Mr. Lehigh: Does that mean if they don't get gas they can't wash there car..? Mr. Lieberman: I didn't think ,about that. Mr. Lieberman: It's going to be a $3.50 car wash Mr.. Brooker: Traffic Patterns are not good right now. We have many accidents on that road. 21 -2- M r- . 2 -Mr-. Lehigh: Go you have. a car, wash there? How many gallons of water, ar•e you going to use? Mr,. Lieberman: It's a recyclable car, wash with reusable water. Mr,, Hi r•k,al a: What .ar•e you going to do with the r•ecycl ab l e water'? Mr,. Lieberman: It's gets pumped out . Right now the permit is from the IRA G in Newburgh, and its going to be trucked out. i+4r,. Levenson: Where is the source of water, coming from, to fill up the r• ecycl abl e oper•ati on? Mr,. Li eber•man : The new tax code allows up to 1,000 gall ons of water,. Mr,. Lehigh: Ar•e you going to have this water, trucked into the car, was. h? nir. Li ebe•r•man: It depends on the Town. ivir Levenson: The Zoning Admini str,ator' addr,esses the E,oar'd that the applicant be riot allowed to take any water, from the ground or, the water. cii : t ri ct . The water, has to be trucked in and out of the car, wash. i Hi r,kal a: I think w,- set the standard from the pr,evi ous appl i ca- tI c)n . Any water, used in the initial fi 1 1 and waste water, be trucked (aut and disposes! suitable of the DEC. hr,. Hir'kala: The applicant is invalid. Goes your, gas station have a valid permit and application? Mr,. Li eber•man. Yes Mr,. Hir,k,ala: That part of it is false. It should be yes. It does have a permit for a gas station. You want to change the permit to allow .a car, wash on .a gas station. Mr.. Hi rkal a : You have, on your' Application that the Gcver•nment Agency will not have to act, but the agency does have to act on this matter,. stir H i r•kal a: Was this applicant refer,r•ed to the Planning Board? Mr,. Levenson: You have to refer, it. M(,. H i r•k•aIa: I make a motion to refer, this case to the Planning Bo,ar•d for, there rite Plan Review, .and .some of the concerns we have to be addressed to the Planning E,oar,d. Mr,. Lehigh: �,-econded the motion. V ote: All ayes :dome comments from the abutting pr•oper•ty owners: i�9r, . Jung. Concerned with the traffic situation, and the dr,ippi ng water, from the cars, making the roads very icy in the winter, time. Irene Bennett: Concerned if the car, wash was automatic, which it is,, .::also she was concerned with the hours the car, wash would be ,open due to tr,.affic Vic Fanuele: Requested explanation of operation Mi,. Lieberman,, Its a rebate service station. We ar•e no longer, doing mechanical work. I would like to change it to a automatic car, wash, prior, to the gasoline sales, and r•ecycl i ng system. Mr,. Levenson. Is there a Provision on your, Site Plan for the stack ups' Mr,. L i eber,rn;an. Yes, also if you consider, anybody pur•ch,Maw i ng gasoline at the wash will they will have to go inside where the cashier, is. Mi . Lehigh: Another, wor`d's, they will have to go through the cashier, to thr,ough the car, wash . There is no one physically oper,ati ng the car, r � . Mr,. i eber•man: There will be one person to guide the cars, i t' :s an ,`:acl7—s .+or'y use. Mr,. Mi rkal a: I would 1 i ke to see on the kite Plan the amount of cars U -tat would be for, stacking from the car' wash. Mr,. Lieberman: Ten behind the building, plus cars at the gas pumps. M i r,kal,n : I would 1 i ke this to be on the Site Plan because I want to make sure that they don't start parking cars there, .and taking away frena than staking 1 Ines in the future. mr,. Mir kala: I want to see total staking of cars, if you figure on ter car,.:; than show it on the plan. Mr,. . huber•t: Concerned with the entrance on Myers Corner•s Road and right hand turn up Lie,s,rmo Mill Road. M ar,y , cr i ver• : Concer,ned with the pollution of the stream to Route 376, .:also concei,ned with the tr•.Taffic behind the building. kir,. Mirkala: This subject will be looked out closely in Pr,t 2 of the Envi r•onrnental Forms = L -4- 2. Appeal #1043 at the request of John & In9r•i d Col l -ins seeking a var,i once of Ar'ti cl e IV Section 430 of the Town of Wappi neer' Zoning ,-Jr,dinance where to allow the temporary sale of plants and ground cover. 9r•own on the pr•emi ses 'located at 49 Losee Dr,i ve in the R-20 Zoning Di s-- tr•i ct and Being Par•c.el #6157--02--8297 1 1 . Mr,. & Mr.'s. Collins Present Mr Levenson: This is a temporary situation, 8-12 weeks at the most. I don't see any problems with granting this Special Use Permit. i1r,w . Collins: Anybody who is i nter,ested in coming usually calls, and we tell them when to come. Mi,. Lehigh: My only problem was the traffic pattern and the par,kinq. Mr,. Levenson: There were only 2--3 cars there at the most. Mr•s. Collins: We don't have any problems with the neighbors. Mr,. Lehigh; Geo you do .any commer•ci al i zi nq? Col 1 i ns : No, we car,ow ar,e own plants, which is on ar•e own prop ` '/ ° Mr,. Lehigh: I make a motion to grant a Special Use Permit Jk9r' , iii r,kal a : I second under' the Zoning Admi ni str,ator,s inspections, and it St'ay's uncommercial i zed. Vote: All a'ye's The motion car,r,ied. L -D BUwINEJE. Appeal #1040 at the Request of Joseph Fiorini seeking a Variance of Article IV c.ection 421 of the Town of Wappi neer• Zoni nw Or•di nance ��il�er•e 20 feet is r•equi r•ed and the applicant has only 14.6 feet r•equi r,i nq a 5.6 foot V,ar- ince to erect an attached Garage on property located at 25 Park Hill Dr,i ve ,and being Parcel #6356--01-092900 i'lr,. Joseph Fior•ini a+ia'S pr' ;sent: I.9r, Lehi.:�h: Is 33.6 the total footage down? Mr, . F or,i n : Ye•s Mr,. Brooker,: Is it a r•ai sed ranch? i Hir•kal,a: Your looking to ,add 19ft on the side of your, house. What is it wadi nc to be used for,? -a kw Mr•. Fior,ini . A gat -age under, the house. Mr,. Hi r,ka'Ia: Do you want more rooms downstairs? r, . F or, in i : Yew, the other, half of the garage is going to be a sto- rage room. Mr,. Hi r,kal a : So what you have down here is a Standard Raised Ranch. Mr. Fior, ini . Yes Mr,. Hir,kala: The dowostair,s would be a playroom? Mr,. Fior,ini : Ye Mr,. Hi r,kala. What else'? Mt,. Fior,ini: A bathr,00m,1,=_,undr,y, and furnace room. Mr,. Hi r,kala: Cao you want to use the two car, garage for something else, and acid another, two car garage? Mr,. Fior,ini . Yes r�W Hir•kala: Do you taunt to make the house 19ft bigger,? M;'. F1or'ini. Yew Mr,. Lehigh: We need a complete set of plans to see what exactly were looking at, and see what you ar,e going to do. Mr,. Fi ori ni . Or•i gi nal l y, there was supposed to be a complete :net of Plans from my contr,actor•, but for, some reason lie stopped wor•ki rrg after, I paid him. Mr,. Levenson: Do you have any thought of putting a shed at the rear, of your, proper ty, and putting your, goodies in your, two cat-, gar age`' mr,. Fior,ini: If I paid the variance I would have to do something else. ,sir. Lehigh: You can put it on the rear, of the house, with that you coo not need a variance. Mr,, Levenson: I think you should understand that my fir, t conversation with Mr,. Fior'i ni were two weeks ago. I was talking to a young girl and I tried to explain to her, that if you put that fault on the side at the r,eai, of the house,and did the ,attachment, this case would be far, gone. i+1r•. Lehigh: Its not only a garage, its an additional to the house, kw s the rooms in the basement. -6 - Mr. Lehigh: I like to make a motion to table this discussion until we have more information from your contractor. Mr. Tompkins: I :seconded the motion. Mr. Hirkala: I like to table this also, until we get more information. Vote: All ayes 5. Appeal #1012 at the request of E. Primrose seeking ,a Variance of Article IV Sectopm 421 of the Town of Wappinger Zoning Ordinance to .allow 915" rear yard Variance where Twenty -Five feet is required in a Conservation Subdivision on property located at 5 Hamlet Court and being ng Parcel #6126-02-970948. Mn. Primrose was present: Mr. Levenson: In review of the documentation. Mr. Hirkala granted a Variance to Mr. Primrose in which the board was looking at for some- thing. Mr. Hirkala : I'm in agreement with the Zoning Administrator to going a step further. I think its imperative to the board if we take a walk on tk property, and look at the relativity between the building and the 11weervators dititrict.s. Mr. Brooker: What's the board ,availability for next Tuesday. Mr. Levenson: Theres a workshop session next Tuesday. Hr. Brooker: Cao you have a problem with that Mr. Hirkala? Mr. Hirkala: O.K. I didn't think. use had a meeting. Mr. Brooker: Hosni about if we go out to the property ;around 6:30 p.m. Mr. Primrose: Do I need ,anymore paper work ? Mr. Levenson: No, the Board has a copy of everything. Mr. Hirkala: There is •a question as to the distances, and the fact the variance was granted for that building, and the real line di stance between the building and the rear lot line. Mr. Brooker We will meet at. 6:30, next Tuesday. Mr• .H i rkal a: 1 make a motion to Table this discussion until next Tue:s- doy. 1 Lehigh: Seconded motion Vote: All ayes The motion carried. ADMINISTRATIVE: Appel #1034 at the Request of Mathew and C. Theresa Meltzer reeking a Rehearing on the Denial of ,a Special Use Permit granted at the July i 2th, 1988 on the Submission of New Evidence as attached. Mr. Meltzer was not present. Mr. Brooker: I believe everybody has a copy of the letter from Mr. Meltzer. Mr. Tompkins: Are we going to ,act on this if he is not here? Mr. Brooker: We ,are going to grant ,a rehearing. Mr. Tompkins: I snake a motion to grant a rehearing. Mr"::.. Roe. seconded motion Mr. Hi rkal a: I 1 i ke to know the grounds on the Rehearing. h Levenson: New Evidence 9 Lehigh: He say's he's not 'going to have any employees Mr. Hi rk,al a: As the day of this letter, no person other than myself are employed by the formation on the premises. MK Lehigh: That's all we want Mr. Hirk,ala: The basis for my recommendation is that the Special Use Permit be deni ed, i n which it was two principle uses on a piece of property, ,and there were no bases being a home occupation. That busi- ness is not ,a professional business. It was moved to a commercial area to a residential area that was the bases of my recommendation for the tilenia1 Mr. Levenson: I think Mr. Chairman you received the photostatic copies of photostatic copies of the Anderson Studies. I think its a explana- tion xplanation of the home occupation. The bottom of every page is a litigation, I read it twice,and I don't see a Training School as a home occupation. The criteria of a home occupation basically the way Professor Anderson claims you should have a register Certificate from the N.Y.S. Educa- tion. Mr. Hi rkal a : We recognize ,a home occupation with purpose's of operating a business out of a home in M . Y . S . , under the law it has been a Doctor, vjr, and Dentist. if you read the photostatic copy, it is question-� a that a realtor can be a professional under the law. -8 - Mr. Brooker: That's the way the Law reads Mr.Tompkins: I Deny my motion mp < Brooker: Made a motion to deny the re -hearing Mrs. Roe: Denied .second motion Mr. Lehigh: I make a motion that the Re -hearing be denied Mr. Hir•kala: Seconded the motion. Vote. All aVes The motion carried. NEW BUSINESS: APPEA'_ #1042 at the Request of Jon W. Seeger :seeking a Variance under, Article IV Section 421 of the Town of Wappi ager Zoning Ordinance where "twenty feet is required on the Side and the applicant requires a Thir- teen toot Variance in the Northwest Corner and Ten foot Variance in the Southwest corner on property located at 13 Wi l dwood Drive in the R--20 ng District and being Parcel #6158-02-916713. ),''Ivirs Jon Seeger was present. Mr.Brooker: Mr. Levenson, did you review this? Mr. Levenson: ye_ Mn. Lehigh: What 1s the size of your .addition your putting up Mr. Seeger: 24x24 Mr. Lehigh; What's the present distance on the wide of your, house Mr. Seeger: I believe its 33 Mr. Lehigh; I have the pictures that show what its going to look like after the addition, but we don't have ,anything on the way it looks now. There is nothing to show what your r'oom's are, and how your changing them, I likw.to see some -thing like that. Mr. Seeger: T want to ,add a two section with a two car garage. Mr. Iii r•kala: Where is the garage now? Seeger: There is no garage. Mr. H i rkal a : Where are you parking your cars? Seeger, . In ,a dr,i vew.Tay that goes r,i ght back Mr . Hi r'kal a: How marry unr•egi ster'ed cars do you have there? mr` . Seeger, . One Mir,. Hi rkal a: How about the one that is covered? r<<lr,, e9er•, That's r,egisterwd, license, and on the r'o,ad. Mr,. Hir,k,ala: How marry c,ar"s do you have know? Mr•. Seeger•: Fight now there ar,e l=our, cars. rslr', Hirkala. Four' cars. Mr,. Hi r•kal a : How many cans ar,e park in the open media? P•1 r' , .. e e g e r' . i'•1r<. Hir,kala: Ply daughter, parks there. Ar,e you going to continue to park there? i -4r'. E:1 e, e g�;r•. As long as it's legal Hir•kala. Is it legal? i•lr,. Levenson., It's not legal 11r<. Hi r,kal a: I r,eque :,t the Zoning Admi ni str•ator• do something about par,ki ng in the media at Wi 1 dwood dr•i ve . mr• . Levenson: When and if the Zoning ordinance is completed, and ac—iopted lay the Planning and Town Board, I can i nsur•e you -drat the Ili 1 dwood mall would be consi der,ed a no par,ki ng area. ?sir•. Brooker•: Is there parking Hght now? ',lr'. Levenson: There ar,e c.ar,s parked there. Mr• . Levenson: I caret enforce it, but I think the people should I consi d- er'ate that the Town maintains it. Mr,. Lehi _:j,h. Basically we need some more i nfor,mati on ;about this •addi - .i_ iron . Mr,, F,r,00ker, : I would want to see the plans. f-1 r• . Hi r•ka`I a,: I'm r•e,adi ng this that you want a 13' var•i •ante with 20ft requi r,ed, Coes, that mean your, goi ng to be 7f from the property 1 i ne. -ojirjpl wtel y di'wagr,ee without some kind of hardship. I want somebody come rip to ills and tell mw where there is a haar•clship. _10- Splvr�. Ofr c�al< r r I. gr, e Mr, Fiir,kaI a: were cr,eatin'g wall to wall housing on this street. ml-, BF,00ker': The purpose is to have the lot line 7ft from "the lot - mi r, at.mir, . Hi r",kai1 a: I motion to table until the applicant comes up with some kind of har•dw hi p Br,00ker, : I have to agree ��ii th Mr . Hi rkal a . 14�r Hi r,k,al a. I would like to see Mr, . w'ee'ver' be 'appr'ai sed on what the what the conditions ar••e for, a variance. Th:f_i _ wer-e some comrnents from the Public Vit;: Franuel e r This the fi r,st time I saw of his request for, a Variance. He had a concer,ned on where the cars might be pear,ked. Mr,. Brooker, : Ar,e you familiar with this piece of pr,aper,ty? Fanuw'l w. Yes i+9r Br,00ker,: How far, is he's neighbors house? ilrM' Fanuel e: Twenty feet from the pr,oper,ty 1 i ne. In the Zoning Or,di - ri. nce th > harmony of floe nei': -hood has wall to wall housing. The other' section ways if you don't depr,i ve him use of hi s use of hi W pr,op- er•ty, r,easonabl e use of his pr,aper•ty he is then depr,i ved of his pr,op- erty. ?r,en : uonc:er•ned wi th the par•ki ng, anti where the cars mi ght be par,k- i r~9r > H i r`kal ,:.i : my motion is to table until we 'het more i nfor,mati on that ,,je dar''t h9ve r7otro to justify this. 4r Le - h ih : I seconded the motion. mr . 1_e-hi'4i1-,; Cao you have .a need for, the rooms? r11"' . seep er• : I have .a fami 1 y of si x 1 i vi ng i n 1 500 sc1uar•e foot Mouse . hi r• . Hi r•k,::al a : mother", and Father', and four, chi 1 dr,en . Mr, . aee9er' • f e,w Mt Hi r,ka1 a hjh at .::are the ages of the children? m, _seeder,: 5, 18, 19 20. 14fr,. Br,ouker•' Ar`e they in col ler,,je now? - 1 1 - ff. Seeger: There all at home. Mr. Brooker: Vote: All aye . All those in favor. Mr. Brooker: We have to set up .a workshop session Mr. Brooker: Cancel the workshop and carry it to the regular meeting. mr, , Brooker: Made a motion to adjourn the meeting Mr. Hirkala: Seconded motion Jots: Ayes Respectfully submitted, .I-aA Lia J. scianna Zoning Board Secretary Ln