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1990-09-11m TOWN OF WAPPINGER BOARD SEPTEMBER 11, 1990 MINUTES TOWN HALL 20 MIDDLEBUSH ROAD WAPPINGER FALLS, NY THE SPECIAL MEETING OF THE TOWN OF WAPPINGER ZONING BOARD, WAS HELD SEPTEMBER 11, 1990 AT THE TOWN HALL, 20 MIDDLEBUSH ROAD WAPPINGER FALLS,NY 12590, BEGINNING AT 7:30 P.M. MR.HIRKALA- CHAIRMAN MR. TOMPKINS MR. LEHIGH MRS. ROE . BROOKER OTHERS PRESENT GAY ANN HARDISTY- SECRETARY MEETING WAS CALLED TO ORDER AT 7:30 P.M. kA 1*1 • ►Dr.111 aPpQO��D �ZS90 am APPEAL # 1091 AT THE REQUEST OF PAULA AND FRANK PIETRAPOLO, SEEKING A SPECIAL USE PERMIT OF ARTICLE IV SECTI014 421, PARAGRAPH 4 OF THE TOWN OF WAPPINGER ZONING ORDINANCE. TO PERMIT A FAMILY DAY CARE FACILITY ON PROPERTY LOCATED AT 13 LIBERTY STREET, CHELSEA AND BEING PARCEL 6056-09-015547, IN THE TOWN OF WAPPINGER. MR. HIRKALA: ASKED THE APPLICANT TO STEP FORWARD,STATE NAME MRS. PIETRAPOLO STATED HER NAME. MR .LEHIGH : THE BOARD MEMBERS WENT TO THE APPLICANTS HOME AND LOOKED AT IT. HIS CONCERN WAS THE SAFETY OF THE CHILDREN. HIS OPINION WAS THAT THE PROPERTY SHOULD BE COMPLETELY FENCED IN. AT LEAST 3 FEET HIGH FROM THE NORTH WEST CORNER OF THE HOUSE TO THE TREE LINE. *fRS. PIETRAPOLO : DO YOU MEAN YOU WANT A FENCE ALL AROUND? MR. LEHIGH: NO YOU COULD USE YOU HOUSE AS PART OF THE FENCE. YOU CAN COME FROM THE NORTH FRONT SIDE OF YOUR HOUSE OVER TO THE FENCE LINE DOWN THE FENCE LINE HOWEVER HOW FAR YOU WANT TO MAKE IT. (2) BACK. TO THE POOL AREA. MRS. PIETRAPOLO: I WANT TO KNOW IF THERE IS A ZONING ORDINANCE THAT EVERY DAY CARE HAS TO HAVE A FENCE. MR. LEHIGH : I AM WORRIED ABOUT THE SAFETY AND WELFARE OF THE CHILDREN, AND IF THE PROPERTY IS FENCED IN THE CHILDREN CANNOT GET OVER. AND WITHOUT IT THE CHILDREN COULD GET OUT, THAT IS MY OPINION. MRS. PIETRAPOLO : YOU DON'T THINK THAT THERE IS ENOUGH PROPERTY FOR THE CHILDREN TO PLAY? MR LEHIGH: THAT HAS NOTHING TO DO WITH IT , I WANT A FENCED IN AREA. IF YOU WANT TO MOVE THE FENCED IN AREA TO THE BACK YARD THAT IS FINE TO. MRS. PIETRAPOLO: SAID SOMETHING ABOUT THE BOARD OF HEALTH SAYING THAT HER PROPERTY WAS SAFE. MR LEHIGH: I DON'T CARE WHAT THEY HAD TO SAY I WAS APPOINTED TO THE BOARD TO DO THE BEST FOR THE TOWN OF WAPPINGER AND I DON'T THINK IT IS THAT MUCH OF A PROBLEM FOR YOU TO PUT IN A FENCED AREA FOR THE CHILDREN TO+ PLAY IN, AND THIS IS MY OPINION. MR.HIRKALA: IS THERE ANY OTHER OPINIONS? MRS. ROE: ONLY A SUGGESTION THAT IT DOESN'T HAVE TO BE A CHAIN LINK FENCE. AS A MATTER OF FACT YOUR WEAKER MADE FENCES ARE HARDER TO GET OVER. AND THEY ARE MUCH LESS EXPENSIVE. MRS. PIETRAPOLO: I STILL WANT TO KNOW IF THERE IS ANYTHING THAT STATES THAT ALL DAY CARE NEED A FENCE? MR. HIRKALA: THEN READ THE ORDINANCE. MR. PIETRAPOLO: ASKED IF THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY DOES THIS COME UNDER THE PROBLEM OF NAILS IN THE ROAD? MR. HIRKALA : I CAN'T ANSWER THAT, PUT I AM SURE IT MUST. MR PIETRAPOLO; I JUST ASKED THIS BECAUSE BEFORE NO ONE COULD DO ANYTHING ABOUT THIS. MR HIRKALA; THE PERSON YOU SHOULD ASK IS THE PERSON WHO JUST LEFT. (REFERRING TO CONNIE SMITH WHO HAD JUST LEFT.) MR HIRKALA : AGAIN READ PART OF THE ORDINANCE TO MR PIETRAPOLO. ALSO EXPLAINING WHY A SPECIAL USE PERMIT IS NEEDED. S. PIETRAPOLO: MY QUESTION IS , IS THERE A LAW THAT STATES THAT ALL DAY CARES NEED FENCES? MR. HIRKALA: ANY CARE FACILITY THAT HAS COME THROUGH THIS BOARD (3) AND IS OPERATING LEGALLY, HAD TO UPHOLD TO THE STANDERS SET BY THIS BOARD. MR. LEHIGH: THAT IS WHY EACH ONE OF THESE CASES HAVE TO BE HANDLED SEPARATELY. THAT IS WHY WE TOOK THE TIME TO GO DOWN AND LOOKED AT YOUR PROPERTY, AND THAT'S WHY I SAID YOU DON'T HAVE TO FENCE THE WHOLE THING IN I DON'T WANT TO SEE YOU GO THROUGH A BIG EXPENSE. YOU ONLY HAVE 4 KIDS THERE. BUT I DEFINITELY FEEL THAT YOU SHOULD HAVE A FENCE AT LEAST 3 FEET HIGH TO KEEP THE KID SAFE, AND NOT GETTING OUT OF THE YARD IN THE ROAD OR WHAT EVER, THAT'S THE REASON THIS WAS DONE AND WE ARE EXPLAINING THIS TO YOU. MRS. PIETRAPOLO: I DON'T UNDERSTAND WHY THEY CAN'T PLAY IN THE BACK? MR. LEHIGH I DON'T CARE WHICH EVER AREA YOU FENCE IN AS LONG AS YOU HAVE A FENCED IN AREA. MR. PIETRAPOLO: ASKED WHERE THEY WANTED THE FENCE. k.I.LEHIGH : AGAIN EXPLAINED WHERE. MR.HIRKALA:I DON'T HAVE ANY PROBLEMS WITH NOT FENCING ONLY WHAT I'M CONCERNED WITH IS A WIDE OPEN AREA WHERE KIDS CAN RUN AROUND IN . AND WHERE THEY CAN GET OUT OF IF YOUR BACK IS TURNED. MRS. ROE: MY CONCERN ABOUT YOU PROPERTY IS THAT FROM YOUR HOUSE CORNER WHERE THE TREES GO THE SIDE LINE . I FELT THAT THE BACK LINE WAS SOLID ENOUGH THAT EVEN A KID COULD NOT GET AWAY. AND IF THE OPEN PARTS WERE FENCED IN , THAT WOULD BE ALRIGHT. AMY MC QUEENY: BEING A SINGLE PARENT, I HAVE CHECKED OUT A LOT OF DAY CARE CENTERS, AND HAVE FOUND THAT MRS. PIETRAPOLO'S IS THE MOST CARING, AND SHE IS AFRAID THAT IF THE PIETRAPOLO'S COULD NOT AFFORD TO BUT UP THE FENCE ,THAT SHE WOULD HAVE TO FIND ANOTHER DAY CARE. MR. LEHIGH : THANKED MRS. MC QUEENY FOR HER OPINION. MR. HIRKALA : THERE HAS TO BE SOME KIND OF BOUNDARIES. SOMETHING TO STOP THE KID FROM RUNNING AWAY. THERE IS TO MUCH OF A WIDE OPEN AREA. MR. LEHIGH: I JUST WANT SOMETHING TO MAKE SURE THE KIDS DON'T GET OUT AND ONTO THE ROAD. MRS. ROE : IT IS PRETTY WELL ENCLOSED , ESPECIALLY THE BACK. DUT ACROSS THE FRONT THE KIDS COULD GET AWAY. kbo MR. HIRKALA : IS THERE ANY OTHER RESTRICTION? MR. LEHIGH: I THINK THAT THE FENCED IN AREA AT LEAST IN THE FRONT OF THE HOUSE WILL BE NEEDED. m (4) MR. TOMPKINS: THE ONLY OTHER RESTRICTION THAT I CAN SEE RIGHT NOW IS THE YEARLY INSPECTION BY THE FIRE INSPECTOR. WHICH IS NORMAL. OTHER THAN THAT I HAVE NO OTHER REGULATIONS TO BUT ON THIS. MR. PIETRAPOLO: HOW FAR OVER DO WE HAVE TO GO WITH THE FENCE? MR. HIRKALA: TO THE TREE LINE. MR PIETRAPOLO: HOW FAR BACK? MRS. ROE : ONLY WHERE YOU CAN SEE AN OPEN SPACE. MR. PIETRAPOLO: IF I CAN COME ACROSS THE FRONT AND FORM A BARRIER AND THAT'S IT THEN I HAVE NO PROBLEMS. I JUST DON'T WANT TO LOST MY BACK YARD. MRS. ROE : NO, YOU DON'T WANT TO SPOIL THAT LOVELY BACK YARD. MR. LEHIGH : I THINK YOU ARE WRONG, I DON'T CARE IF HE LOSES HIS BACK YARD OR NOT WHAT I'M LOOKING OUT FOR IS THE SAFETY OF THE CHILDREN. HIRKALA: I AGREE, BUT WHAT I'M TALKING ABOUT IS THE NATURAL BARRIER ERE . MR.LEHIGH WHAT I'M TRYING TO SAY IS THAT IF YOU CAN PROVE TO ME THAT THOSE KIDS WILL NEVER RUN OUT OF YOUR YARD , I WOULD SAY NO FENCE. BUT YOU CAN'T PROVE THAT. MR. PIETRAPOLO: I'M NOT GOING TO STAND HERE AND SAY I CAN PROVE THIS. MR.LEHIGH: AGAIN EXPLAINED TO MR. PIETRAPOLO WHERE THEY WANTED THE FENCE. MR. PIETRAPOLO : A SPLIT RAIL FENCE ? MR.•LEHIGH:I DON'T CARE. MR HIRKALA: THAT IS WHAT I WAS GOING TO SUGGEST,IF YOU COULD PUT UP A SPLIT RAIL FENCE AND PUT CHICKEN WIRE ALONG THE BOTTOM. ANY KID WILL HAVE TROUBLE GETTING OUT. MR. LEHIGH: NO ONE THERE IS TRYING TO GIVE YOU A HARD TIME, WE ARE TRYING TO WORK WITH YOU. BUT WE WANT THE SAFETY OF THE KIDS TO COME FIRST. THATS WHAT WE ARE LOOKING FOR. NOT JUST YOU BUT ANYONE ELSE COMING IN WILL HAVE TO GO THROUGH THE SAME THING. NOBODY IS PICKING ON YOU,OR WANTS TO GIVE YOU A HARD TIME,OR ANY THING ELSE,WE WANT TO MAKE IT AS EASY AS WE CAN ON YOU,ALL YOU HAVE TO DO IS WORK WITH US. WE WILL LEAVE IT UP TO THE RrJILDING INSPECTOR, AFTER YOU GET YOUR FENCE PUT UP, HE CAN COME DOWN AND %goOK AT IT AND TELL YOU WHAT HE THINKS OF IT. OK? MR. PIETRAPOLO : OIC. MRS. ROE : THE NATURAL BARRIER ACROSS THE BACK IS ENOUGH TO STOP A KID IF (5) HE TAKES OFF. MR. LEHIGH: I AM NOT GOING TO FIGHT WITH YOU ABOUT THIS, THIS IS MY OPINION THAT A FENCE SHOULD BE PUT AROUND THE WHOLE BACK. MR. PIETRAPOLO : ASKED MR. TOMPKINS TO COME DOWN AND SEE WHAT COULD BE DONE. HE HAS SOME IDEAS OF WHAT COULD BE DONE, AND HE WANTS MR. TOMPKINS TO SEE IF THEY ARE OK OR NOT. MR. TOMPKINS: SAID HE WOULD STOP BY. MR. HIRKALA : THE PROBLEM THERE IS THAT MR. LEHIGH WANTS THE WHOLE YARD FENCED IN , WHILE I FOR ONE DOES NOT FEEL IT IS NECESSARY. SO THIS WILL HAVE TO COME TO A VOTE. AND IT IS A MAJORITY VOTE. MR LEHIGH: I THINK WE SHOULD MOVE THIS ALONG ONE WAY OR THE OTHER. MR. HIRKALA: DOES ANYONE WANT TO MAKE ANY FURTHER COMMENT ? ANY ONE WANT TO MAKE A MOTION? MR. TOMPKINS: MADE A MOTION TO CLOSE THE PUBLIC HEARING. Sc. ROE : SECONDED MR. HIRKALA : ALL IN FAVOR ? VOTE : ALL AYES. MR. TOMPKINS : MADE A MOTION FOR A NEGATIVE DECLARATION. MRS. ROE:SECONDED THE MOTION. VOTE: ALL AYES. MRS. ROE : MADE A MOTION THAT WE WILL GRANT THIS PERMIT WITH THE PREVISION THAT THE ENCLOSURE BE FROM THE HOUSE TO LOT LANE BACK WHERE THE WOODS START. MR. HIRKALA: ENCLOSED IN WHAT MANNER? MRS. ROE: WHAT MANNER? ANY FENCE THAT A KID COULD NOT GET OVER. OR ENCLOSURE THAT THEY CAN'T OR WON'T GO OVER. FENCE CAN BE OF CHICKEN WIRE. IN OTHER WORDS IS DOES NOT HAVE TO BE CHAIN LINKED. MY MOTION WILL ALSO INCLUDE WHAT THE BUILDING INSPECTOR 'S OK. ALSO YEARLY FIRE INSPECTION. MR. TOMPKINS : SECONDED. dTE ; 3 TO I IN FAVOR OF PARTIAL ENCLOSURE. THE MOTION CARRIED. in sm MR. HIRKALA : NEXT CASE. r APPEAL # 1092 AT THE REQUEST OF CAROL AND CHRIS VAN BERGEN SEEKING A SPECIAL USE PERMIT OF ARTICLE IV SECTION 421 PARAGRAPH 4 OF THE TOWN OF WAPPINGER ZONING ORDINANCE TO PERMIT A FAMILY DAY CARE FACILITY ON PROPERTY LOCATED AT 21 CAYUGA DRIVE AND BEING PARCEL # 6157-04-548470 IN THE TOWN OF WAPPINGER, WILL MRS. VAN BERGEN COME FORWARD. MRS. VAN BERGEN: STATED HER NAME. MR. HIRKALA: ANY COMMENTS? MR. TOMPKINS : YOU HEARD WHAT WENT ON BEFORE ITS NO DIFFERENT THAN WITH YOUR HOUSE. MRS. ROE : THEY HAVE LESS AN AREA TO FENCE. MR. TOMPKINS: YES YOU HAVE A LESS AREA TO FENCE. R. LEHIGH : YOU HAVE MORE OF A NATURAL AREA. MR. HIRKALA: YOU CAN COME ACROSS FROM THE AREA WHERE YOU PARK THE CARS. MR. LEHIGH: WE DON'T HAVE A DRAWING OF YOUR HOUSE OR YOUR PROPERTY. MRS. VAN BERGEN HAD A DRAWING WHICH SHE SHOWED. MR LEHIGH WANTED TO KNOW WHERE SHE WAS GOING TO PUT THE FENCE. THEY WERE GOING TO PUT IT ACROSS THE BACK. MR. LEHIGH JUST WANTED TO KNOW WHERE. MR. HIRKALA: FROM THE CORNER OF THE HOUSE ON AN ANGLE TOWARD THE RIGHT. MR. LEHIGH AND MRS. VAN BERGEN WENT OVER THE DRAWING. MR. LEHIGH : WANTS AN ENCLOSED AREA WHERE A CHILD COULD NOT GET OUT. MR. TOMPKINS : MADE A MOTION TO CLOSE THE PUBLIC HEARING MRS. ROE : SECONDED VOTE : ALL AYES. MR.TOMPKINS : MADE A MOTION FOR A NEGATIVE DECLARATION MRS. ROE SECONDED. PE: ALL AYES MOTION CARRIED. (7) MR. HIRKALA: THE PLEASURE OF THE BOARD MR. TOMPKINS : MADE A MOTION THAT THE PERMIT BE GRANTED WITH THE PROVISION THAT THE FOLLOWING BE ENCLOSED, FROM THE SOUTHEAST CORNER OF THE BUILDING TO THE WALL ANGLED POST ABOVE WALL, AND THE NORTH SIDE OF THE HOUSE TO THE CORNER.AND THE PROVISION OF THE FIRE INSPECTOR AND ZONING ADMINISTRATOR DO YEARLY INSPECTIONS MRS. ROE SECONDED. VOTE ; 3 TO 1 VOTE MOTION CARRIED. THE MEETING WAS ADJOURNED AT 8:45 P.M. RE PECTFULLY SUBMITTED, GAY/ ANN �HARDISTY ZONING BOARD SECRET RY