1989-09-26m
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I A rI A.L d4 1067 AT THE RE'WUCST 0�9�?TJ f.w 1
tiE IrwFE: I�,L USE PERMIT I_IfJI;'E R' ARTICLEI\' wE':TI','r.! 421 t'ARa'�%�"�F H G w'1=
I!iL Ff..,WN )F '4AFF'1N,3EK Z'w'NIPJ'G ORDINANCE TO ERECT A NE -,W C,AR t: i A1..ER HIP _t.N
IE HE', — 2A C,I RIi;T ON TKE. WE .i.. c IDE: 'w'F R0LITE #9 ANC' BEINC� PA RC Et #
s3i ;' t7;',..a3=�:'`a5, Ii,! THE rC',WN 'w'F WAF'F'Ii^•GER
I I. #1068 AT THE F.E'. UE'Ef OF '7A%d (EEKIN(, A :--^P' CAA.i..
.14.0ER. ART TV ' TI4wN 421 PARAGRAPH 4 OF THETOWN O
;l,-,FwIN' EI' 1 '_)CERATE A DAYAF;F ;N1 ER ON PR!w'FERTY L'0,",ATEC' ON 2 :Ii
E F I N G P A R'w L L # C � C3 — (� 3 — 14 1091 5 IN THE TOWN F tn! A f P i. P� a E F� .
Ai PEAL #1069 AT T H E R E(). I I F f3 T O F�"'� I I �:_..'a?�.�..�...�! �x..�.�� S E E. K I N Ci A
VA F: C A N c ('; i= A, F,: t r rw L E IV w, E : TI rW td4 . ` 1 C' F THE: TOWN '� F 1h1,`a F' F' l: P ! C r E F C ') p,1 T �� C;
rw IJ. T N A N E:
Ae r`i l! A.RE IR ;:UIRED —10 MAINTAIN A 25 F 0 0 T IC'E YAIRD AND YC1,UIR aHC—]W1N
AN E RFC-fRFC—f ED I"C't. + FE ET FF'i)i5 THE SIE) F, YARD REQUIRING AN 'i 8 F OCT V.AR C'ANO'E .
i'''IJ ,'�,RE i F I.1II E�"C' Ti MAINTAIN A 25 FOOT SIDE YARD AND YOU AREH'�'1,�,r�'Ji;.;
C)E:CK IS 10 FE::E T. FROM THE SIDE: YARD AND FEQU1FINC-, A 15 F"DOT
N I~R' PF TY I_'w'��AI'EL, (M PVE LANE AND BEING F'AF EL #t�:"s5C_.C,
T i" I C if '. ,11;1 N l.'1 F= W A PP I N G L I-,'
.
A F) P EA L# 10 f U A I rH E Fr E'w' i_I E E T C) F T N �' h1 A, ._..-------- —_ `' E. E K I No ; A, S P E a I A. L I I G.
F' .Mf9]I JNC'c::F Af,•TI—LE j;1 L',::TIoI',! 430 OF THE TOWN OF 4Af f -'IN QEF TONING
THE PREPARATION OF A FOi,)C' DELIVERING SERVICE FOR
111E. t_Ukl('.Ii H 11R N QE's F;TY LC)C:�•�TED AT ALL ANGELS HILL ROAD AND BEJN
AR'CE::E #Ca: 5 .. '0d� cIi)'3'i ± 1 Ii'� THE TOWN OF WAPPIN'GEiR.
0
N��PI#�ER 2DNIWQ BOARC-
9
PTFM�ER 26, 98O -7:�O P.M.
ADDITIC, W4L
F:
T0�N HALL
2O MIODLE8USM kI'D AD
V;APIr, . FALLS. NY
APPEA.L #1841 - At t t o Petroleum, Ino. seeking
h-�ar)'`9 utfun O Speoial Use Permit, to amend the
dated uguat 15, 1O8�, with regard to Para�raph �,
0
WN OF WAPPINGER ZONING BOARD
PTEMBER 26, 1989
INUTE S
n
TOWN HALL
20 MIDDLEBUSH ROAD
WAPP. FALL, NY
The regular meeting of the Town of Wappinger Zoning Board was held on
Tuesday, September 26, 1989, at the Town Hall, Middlebush Road, Wappinger
Falls, N.Y. beginning at 7: 30 p.m.
ROLL CALL:
MEMBERS PRESENT:
Mr. Brooker
Mrs. Roe
Mr. Tompkins
Mr. Lehigh
Mr. Hirkala
OTHERS PRESENT: '
Mr. Levenson/ Zoning Administrator
Lia Scianna/ Zoning Board Secretary
The meeting was called to order at 7:30 p.m.
77
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tor. Brooker explained how the meeting was going to be conducted.
YUBLIC HEARINGS:
1. APPEAL #1067, AT THE REQUEST OF MITSUBISHI MOTORS OF WAPPINGERS FALLS
SEEKING A SPECIAL USE PERMIT UNDER ARTICLE IV SECTION 421 PARAGRAPH 4 OF
THE TOWN OF WAPPINGER ZONING ORDINANCE TO ERECT A NEW CAR DEALERSHIP IN
THE HB -2A DISTRICT ON THE WEST SIDE OF ROUTE #9 AND BEING PARCEL #6157-
04-539355.
Mr. Levenson: This action was before the Planning Board, the Planning
Board is waiting for your actions. The drawings are pretty complete,
they have done all the screening.
Mr. Brooker: Has this been reviewed by the Fire Prevention Bureau?
Mr. Levenson: They had no comments, originally when the Planning Board
discussed this with the applicant the initial need had been the land-
scaping. Here you will notice it off centered every 10 feet on the
triangle. When this lot was subdivided and in the subdivision it was
required that the entrance to Mitsubishi be thru the exits of Friendly
Acura, and I had a meeting with the DOT, we convinced them with a
trailer coming out, and somebody coming in the opposite direction would
be a dangerous situation, so they approved the center cut at the center
lot.
Brooker: What concerns me if the cars were parked right here (pointing
Map), I couldn't get my fire truck in there.
-2 -
kyr. Kehrer: You would have 30 feet.
Mr. Brooker: I did not see that.
Mr. Lehigh: What is back here?
Mr. Kehrer: We have 10 feet of buffer.
n
Mr. Hirkala: The applicant satisfies all the concerns of the abutting
property owners. They're going to put a buffer in that five foot double
lines of double spurs which would be five feet apart, and they curb it.
There was only one concern I had. I don't know whether they are in the
Planning Board resolution. The question has been brought up about the
see thru window on the south side of the building and I don't know if it's
in the resolution.
Mr. Levenson: It has been addressed.
Mr. Hirkala: They would have glass, but not see thru glass, and also at
the Public Hearing of the Planning Board, the applicants stated that they
would not wash any cars on the property. I think that should be included
in the Special Use Permit. If there was any car washing on that property,
they would have to come back in and re -use the Special Use Permit and put
in a wash system.
r. Brooker: What's your plan to get the cars washed? Are you going to
send out to wash them?
Mr. Kehrer: Yes.
Mr. Tompkins: I see the proposed one. Is there a pond back there?
Ed Selber - Fowlerhouse Road
There is just swamp back there.
Mr. Kehrer: At the request of the Town Engineer whenever you do make an
improvement to the site, your off flows have to be as if it wasn't pre -
develop before the site was there. You have to maintain the key flow,
so you put a retention pond in so when it rains, the run off comes down,
and the pipes limit the amount of water coming out. The pond will always
be dry.
Mrs. - Fowlerhouse Road - What will be done with the property right
next to the pond?
Mr. Levenson: There are no plans for construction on the triangle.
Mrs. You're not going to do anything with this area, except
year it out.
M
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. Levenson: The DOT requires that this property be clear, or they
i
would be fined.
Mr. Ed Selber - Fowelerhouse Road - I heard that there would be no
washing cars.
Mr. Kehrer: None at all.
Mr. Selber: So, if we see anybody washing cars......
Mr. Brooker: Call Mr. Levenson.
Mr. Selber: The second thing is kids have been over near the house, and
do you know that there is oil in the oil tank. I just don't want them
flooded down with oil.
Mr. Hirkala: There was one other thing that I saw Ed, on the erosion
floor plan make sure that those half bails are put down there. If we
do have any heavy rains it does not run up to your property.
Mr. Selber: A lot of people coming out of our road will be coming in
there and turning around. There is no place on the highway to turn
around.
Brooker: You are going to block off the exit from South Fowlerhouse
,oad.
Mr. Hirkala: Eventually what is going to happen is that the State will
close off all of them.
Mr. Phiffer - Fowlerhouse Road.
Mr. Phiffer: Is there going to be any blasting?
Mr. Kehrer: No.
Mr. Phiffer: Also, there was testing of water tables, was it done?
Mr. Hirkala: Were you talking about the wells?
Mr. Levenson: The wells have not been drilled.
Mr. Phiffer: In the summer months, the people tend to run out of water,
when we don't have any rain. Now, will this cause more draw on the table?
Mr. Tompkins:
room.
Mr. Levenson:
The only use they're going to have is the Employees' bath -
It's all going to the septic tank.
cm
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In
�r. ;hiffer: I� ther� �ofng to be a of nn the huildfng? #haz
om��erne� about is the front secton famfny the aouth oida.
Nr, Broo�er� They ooly gu ]� feet high in the 7own Llnyw�y.
#r- Levsns�n� You have a drop, but you wnot aee -1t^
�sked if anyone else would litu speak.
hr. Grnuker made a motfon to close the publio heer�ng,
N,. L�hi8h s�oonded tIt; mot��n.
Y:te: All ay�s'
The uut�un oa,r�ed.
h made a mutfun to deolare a Negative Declaratio-n.
' Mr�. Ro� s��ondad Lh� mwtiun.
�he motion oarri�d.
hr. T�mpkinc mde e motiun to approve the 5pecjal Use F ermit wiLh t|/e
follo�ing o"Iitiona.
1. N� �ar wash�nQ
�utside phone speaker
horn Ir, lmwfn',_1
4. Aonual inspeotion by the Zoniog Administrator and Fire ZnspeuLmr.
�. Iny�ection mn Second Fl�Vr - (No window f�oing reidenal ar�a�
6. Nntest driving on publio resfdential area. (Fowlerh�use anJ Card
Nr' LehY�h se�ondad the mot iun.
The m*t/on carr��d.
2^ AP�EAi �1O58 �T THE REQUEST OF DZ&NE STACKZE�I�Z SEEKING A%S�ECTAL
K� a USE �EPiZT UWDER ARTICLE I ECTZDN 421 P4RAGR4PH THE 7DWN OF
�A�PZ#GER TO "PERATE A DAY CARE CENTER ON PROPERTY LOCATED ON 2 ST.
' �ICHCL, R0AD AND 8EZNG PARCEL V,O25A-O3Q1, I T1 TO#W OF W�P�IN(�LC.
�
St�ok�ewicz present^
44wo� -5-
Mrs. Stackiewicz: It's a nursery school, with a three hour program, and
it's children ages run from six months to Pre -K. I worked with another
lady that ran the program and she retired a couple of months ago. I wanted
to keep the school, and have it set in the Town of Wappinger.
Mr. Tompkins: Where was it held before?
Mrs. Stackiewicz: It was held at her home on Malmous Terrace, right of
Vassar Road.
Mr. Hirkala: It wasn't in the Town of Wappinger.
Mrs. Stackiewicz: We found Oak Grove and we were very happy about this
new place. It was a brand new building, and we would like it to be in
the Wappingers community because I think there is a need for a day care
center.
Mr. Brooker: How may children are there?
Mrs. Stackiewicz: Fifteen.
Mr. Tompkins: what license are you required to have?
"rs - `�Aiewicz: For a nursery school with just a few hours, we did not
license.
Mr. Brooker: Did the Fire Prevention look at this?
Mr. Levenson: Yes.
Mr. Hirkala: Did the Planning Board look at this?
Mr. Levenson: They did not want to look at this?
Mr. Lehigh: Are you going to have any outside use?
Mrs. Stackiewicz: We have a playground area, which is fenced in.
Mr. Lehigh: Do you have it fenced in now?
Mrs. Stackiewicz: Yes.
Mr. Levenson: It's a four feet chain link fence, it's in back of the
building.
Mr. Hirkala: The Zoning Board is not in the site planning business, it
will be referred for an advisory opinion.
ser. Levenson: The Planning board said that they don't have any problems
continue with the Special Use Permit.
Mr. Hirkala: So, the Planning Board doesn't want to look at this?
���
-G-
Mr. Levenson: I/ll send you a letter from the Planning 2oard.
Mr. Lehigh: is the limit going to be fifteen chi}dron? Hoy man,,,
teachers are you going to have?
Mrs. Stackfewicz: The limit is fifteen children, and there will be anotter
teacher.
Mr. Lehigh: About 7 a piece. You/re not making any provisions for feedfn8
these children?
Mrs. Staohiewicz: No.
Nr. Hirka)a: We just got through with a Special Use Permit with a day
care center and we said that any time the kids have to be in o fenced
in area at all times. The traffic patterns were looked at too cn where
the kids would be when the other kids are dropped off. How about if the
kids break loose from their parent and go where the other kids wre, and
here we see that the Planning Board does not want to look at it, and we
hava fifteen kids running around.
Mr. Levenson; The kids that are getting dropped off, the parents ara
taking them directly into the building,
Mr. Hi -kala: They are always in the building?
Mrs. Staokiawicz: No, unless they are going to the playground which is
an unprmteotive area, the children would then use the buddy syotem form.
Nr. WrkOa:
Mr.
We
have had applications before, where we specifically
forced
the people
that
to increase the fence area, so the kids are never
outside
of a
completely
closed in area.
Nr, Grnoker: You had a different problem right thore. You had Old Rout:
#8 and Old State Road coming together at the point.
Mr. H1r|ala: The problem was because of children being dropped off mnd
picked up, that's why the fence was there.
Nr. Brooker: if you look at this, the building is completely off th�,
road.
Mr.
Levenson:
There is
no
traffic in
that
perking lot,.
�
Mr.
Hirkala;
Thu fact
that
it is not
being
looked at.
L�venson:
The Planning
Board looked
at
this and their comment was,
they
havv no
concerns because
of the
way the building is laid out, and
the
way the playground
is laid
out.
There
is no road on this property.
Al
of the property
is
all
grass area.
n
F5
-7-
r. Tompkins: As Mr. Hirkala stated, you have the same situation as the
other one. We are the ones that demanded the fence.
Mr. Brooker: OK, simple enough, then we demand the fence.
Mr. Tompkins: You have to cut off half of the parking lot back there.
Mr. Levenson: But, you don't have a traffic pattern there at all, except
the parent dropping off and picking up these children. That is the only
traffic pattern you have.
Mr. Tompkins: To me, you are in 20 feet of New Hackensack Road. That is
a dangerous situation. You're walking the kids out to the recreation
area, suppose one kid breaks away, and they can. What happens if a kid
runs out onto New Hackensack Road? Don't tell me there's no traffic there.
There's traffic there all day long. The recreation area in any day care
center is required to be attached or fenced in so the kids cannot run
loose. You got a problem the way it's laid out there because you're
going to cut off the parking lot.
Mr. Lehigh: It's already going to be a fenced in area.
Mr. Brooker: They're going to go with their teacher?
1161- s. Stackiewicz: A mother does come in and helps us bring out the
lildren at that time.
Mr. Lehigh: The Planning Board does not have a problem at this time.
Mr. Brooker made a motion to close the public hearing.
Mr. Lehigh seconded the motion.
Vote: All ayes.
The motion carried.
Mr. Lehigh made a motion to declare a Negative Declaration.
Mrs. Roe seconded the motion.
Vote: All ayes.
The motion carried.
Mr. Tompkins made a motion to grant a Special Use Permit with the following
conditions.
1. Open inspections by the Fire and Zoning Administrator at any time.
Any foreseen hazard with the playground area, where a hazard could
cur with any kid with this permit, be brought back for review to close in
the recreation space.
-8 -
No cooking on premises while children are there.
Mr. Lehigh seconded the motion.
Vote: Mr. Brooker - aye
Mrs. Roe - aye
Mr. Lehigh - aye
Mr. Tompkins - aye
Mr. Hirkala - nay
The motion carried.
3. APPEAL # 1069 AT THE REQUEST OF LOUIS AND JEAN BALDUCCI SEEKING A
VARIANCE OF ARTICLE IV SECTION 421 OF THE TOWN OF WAPPINGER ZONING
ORDINANCE AS FOLLOWS:
A: YOU ARE REQUIRED TO MAINTAIN A 25 FOOT SIDE YARD AND YOUR SHOWING
AN ERECTED POOL 7 FEET FROM THE SIDE YARD REQUIRING AN 18 FOOT VARIANCE.
B: YOU ARE REQUIRED TO MAINTAIN A 25 FOOT SIDE YARD AND YOU ARE SHOWING
THAT THE DECK IS 10 FEET FROM THE SIDE YARD AND REQUIRING A 15 FOOT
VARIANCE ON PROPERTY LOCATED ON PYE LANE AND BEING PARCEL #6358-03-167090,
IN THE TOWN OF WAPPINGER.
Balducci present.
Mr. Balducci: The reason I'm before you is that we have a septic system
that prevents us from putting a pool behind the porch we have. I also
want to make a correction with the sidelines, we have an additional five
feet which I was not aware of it at the time.
Mr. Tompkins: Do you have anything to show for that?
Mr. Balducci: I was not aware of it, my neighbor made me aware of it.
Mr. Brooker: I believe that this is incomplete tonight. The board
would like a survey of this property.
Mr. Hirkala: If that's the case, the application is wrong. You have an
additional five feet. It's not a proper application. This board has to
operate under the law, and anything you present before us is part of the
record and is evidence, and it has to be treated as evidence, and what
you are giving us here is something that says seven feet; you say it's
twelve and you have to prove it.
Mr. Brooker: We will have to table this case.
Mr. Tompkins: How old is your house?
�- Balducci: 25 years old.
�e. Levenson:
Mr. Lehigh:
Mr. Balducci:
F]
-10-
Will look at the subdivision map.
Can you point out and tell us where your septic system is?
Right behind the porch.
Mr. Lehigh: What date was the porch built and what date was the deck
built? Do you remember?
Mr. Balducci: No, but I'll guess around 30 years ago.
Mr. Lehigh: The pool too?
Mr. Balducci: I would guess, I don't have any papers.
Mr. Lehigh: Is the pool above ground?
Mr. Balducci: Yes, it's above ground.
Mr. Tompkins: Do you know the approximate length of time the average
ground pool is going to last?
Mr. Balducci: It should last a life time. It was actually meant to be
an inground pool, but we put an above ground pool with a deck coming
�40i
.
Mr. Brooker: We are going to carry this over to the'next meeting.
Mr. Tompkins: You should come up with some kind of service map or
something.
Mr. Brooker made a motion to adjourn the public hearing.
Mr. Tompkins seconded the motion.
Vote: All ayes.
The motion carried.
Mr. Brooker: Make sure that we have an updated site plan with the five
feet in there.
APPEAL #1070 AT THE REQUEST OF THOMAS ACITO SEEKING A SPECIAL USE PERMIT
UNDER ARTICLE IV SECTION 430 OF THE TOWN OF WAPPINGER ZONING ORDINANCE TO
ALLOW THE PREPARATION OF A FOOD DELIVERING SERVICE FOR THE LUNCH HOUR
ON PROPERTY LOCATED AT ALL ANGELS HILL ROAD AND BEING PARCEL
#6257-04-999171, IN THE TOWN OF WAPPINGER.
Mr. Brooker: This would only happen during lunch hour?
. Acito: Yes.
In
r. Hirkala:
Mr. Brooker:
Mr. Hirkala:
-10-
You're asking for a Special Use Permit?
For preparing meals on site?
For preparing meals?
F5
Mr. Levneson: It's not even a home occupation, that's not even allowed
in your ordinance, or even making a reference to the proposed Zoning Law.
I think what the applicant should know is that a Special Use Permit is a
right of providing to meet the requirements of the law. By coming before
this board it sets up the criteria that the Zoning Administrator, Building
Inspector, or the Fire Inspector can administer the Special Use Permit.
Mr. Brooker: Yes, but according to this, this is not allowed under the
existing law.
Mr. Hirkala: A home occupation is defined under state law. A Food Busi-
ness is not a home occupation. What you are actually asking for is per-
mission to use your residence for commercial purposes. You would have
to ask for re -zoning and you don't have the authority to that.
Mr. Levenson: Re- Zoning is a legislative act of the Town Board.
Mr. Brooker: The problem is the law doesn't exist providing granting
1ch a thing. The occupation is not allowed in the home?
Ms. Acito: What happen if I did do it in the home?
Mr. Brooker: You could get fined for it, right!
Mr. Levenson: If somebody calls up and says that something is going on,
I would go out and take a look at it.
Mr. Hirkala: The guidelines that we follow does not even mention any
relations to food.
Ms. Acito: Can I rent space from an operation restaurant and use their
kitchen?
Mr. Lehigh: If it is in a commercial area.
Mr. Brooker: You are in a residential zone now, and the law specifically
says, no such use is permitted.
Mrs. Roe: I should think that an existing restaurant, and the facilities
were adequate, it really shouldn't be a problem.
Mr. Hirkala: I would imagine if she can find somebody with a operating
restaurant, you would not have to come back to us.
r. Tompkins made a motion to close the public hearing.
gla4/�9 -11-
. Lehigh seconded the motion.
The motion carried.
M
Mr. Lehigh made a motion to deny the application because it is not covered
in the laws of the Town of Wappinger.
Mr. Tompkins seconded the motion.
Vote: All ayes. (Mr. Brooker abstain)
APPEAL # 1041, AT THE REQUEST OF ART-TEX PETROLEUM INC. SEEKING A RE-
HEARING OF SECTION 430 SPECIAL USE PERMIT, TO AMEND THE DECISION AND ORDER
DATED AUGUST 15, 1989, WITH REGARD TO PARAGRAPH 8.
Mr. Levenson: Mr. Lieberman came into my office, and we had a discussion
on Paragraph 8, and ask that the board re -read it, there they shall not
have no snack bar or food services on the premises.
Mr. Brooker: Do we have any comments on Mr. Lieberman's letter?
Mrs. Roe: I think somebody should explain the definition of a snack
bar.
��il Levenson: Has everybody on the board been in Paino's Service, that is
Ndal t we are talking about, that is the same type of service.
Mr. Hirkala: I don't have any problem with that as long as he will not
have such a case as a dairy bar, with a refrigerator without selling milk.
Mr. Levenson: should the Board re -consider removing Item 8 completely and
re -work Item 8.
Mr. Hirkala: Well you are not going to sell any sandwiches right!
Mr. Lieberman: No, I'm not.
Mr. Hirkala: Why don't we put in there that there will be no food
preparation. In your letter you said you would not have a problem
concerning sandwiches.
Mr. Lieberman: If you walk into Paino's, they have a microwave right
when you walk in, and they have package sandwiches.
Mr. Tompkins: There shall be no sit down locations.
Mr. Levenson: There will be no food preparation at any time, and no sit
down area.
Hirkala: It should only be a snack bar.
Mr. Brooker made a motion to close the public hearing.
a, —12—
r. Tompkins seconded the motion.
Vote: All ayes.
The motion carried.
Mr. Lehigh made the motion to amend the site plan under the conditions that
there shall be no food preparation on premises, and no sit down area for
eating.
Mr. Hirkala seconded the motion.
Vote: All ayes.
The motion carried.
Vote: All ayes.
The motion carried.
Mr. Brooker made a motion to adjourn the meeting.
Mr. Tompkins seconded the motion.
ate: All ayes.
The motion carried.
;:L
sp ?Scianna
ully submitted,
ia
Zoning Board Secretary