Loading...
2003-08-12 ZONING BOARD OF APPEALS August 12, 2003 Revised August 12, 2003 "-" Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: August 12th, 2003 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappingers Falls, NY Approve Minutes for July 8,2003. Approve Minutes for July 22, 2003. Approve Site Minutes for July 26, 2003. Public Hearin2s: ........ 03- 7186 John Hen2el Jr. -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a side yard setback of 10 feet is reQuired, the applicant is proposing a side yard setback of 2 feet 8 inches to allow for a 15 X 12 foot shed. thus reQUestin2 a variance of 7 feet 4 inches. - Where a rear yard setback of 10 feet is reQuired, the applicant is proposing a rear yard setback of 3 feet 6 inches to allow for a 15 X 12 foot shed. thus reQuestin2 a variance of 6 feet 6 inches. The property is located on 3 Davies Drive and is identified as Tax Grid No. 6257-02- 882503 in the Town of Wappinger. Appeal No. 03-7187 John & Rosemarie Perillo -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a rear yard setback of 40 feet is reQuired, the applicant is proposing a rear yard setback of 13 feet to allow for a 16 X 14 foot shed with a 7 X 8 foot roof over a 2ravel pad. thus reQuestin2 a variance of 27 feet. The property is located on 8 Henry Drive and is identified as Tax Grid No. 6157-02- 842912 in the Town of Wappinger. 03- 7189 Martin & Deborah Novick -Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning District. -Where a side yard setback of 15 feet is reQuired, the applicant is proposing a side yard setback of 2 feet 2 inches to allow for an addition and 2ara2e. thus reQuestin2 a variance of 12 feet 10 inches. ---- 1 ZONING BOARD OF APPEALS August 12, 2003 - Where a front yard setback of 35 feet is required, the applicant is proposing a front yard setback of 24 feet to allow for a front foyer. thus reQUestin2 a variance of 11 feet. ........ The property is located on 9 Bowdoin Lane and is identified as Tax Grid No. 6057-02- 772582 in the Town of Wappinger. 03-7191 Lawrence & Jill Wood -Seeking an area variance of Section 240-37 of District Regulations in an R-80 Zoning District. - Where a front yard setback of 50 feet is required, the applicant is proposing a front yard setback of 11 feet to allow for an additional bedroom. thus reQuestin2 a variance of 39 feet. The property is located on 136 Stonykill Road and is identified as Tax Grid No. 6056- 02-897684 in the Town of Wappinger. ........ 03-7188 Judy & Michael Haase -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a side yard setback of 10 feet is required, the applicant is proposing a side yard setback of 6 feet to allow for a deck on their pool. thus reQUestin2 a variance of 4 feet. The property is located on 14 Amherst Lane and is identified as Tax Grid No. 6057-02- 772582 in the Town of Wappinger. Discussions: Appeal No. 03-7190 Robert Molitoris -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 28 feet to allow for a family room and breakfast addition. thus reQUestin2 a variance of 12 feet. The property is located on 20 Circle Drive and is identified as Tax Grid No. 6056-01- 261793 in the Town of Wappinger. 03-7193 Geor2e & Joan Coffey -Seeking an area variance of Section 240-37 of District Regulations in an R-15 - Where a front yard setback of 35 feet is required, the applicant is proposing a front yard setback of 25 feet to allow for a front porch. thus reQuestin2 a variance of 10 feet. ........ 2 ZONING BOARD OF APPEALS August 12,2003 The property is located on 12 Ronsue Drive and is identified as Tax Grid No. 6156-01- 489861 in the Town of Wappinger. .... 03-7195 Don & Mary Ann Mesuda -Seeking an area variance of Section 240-37 of District Regulations in an R-20j40 Zoning District. - Where a side yard setback of 20 feet is reQuired, the applicant is proposing a side yard setback of 10 feet to allow for a 14 X 20 foot shed. thus reQuestin2: a variance of 10 feet. - Where a rear yard setback of 40 feet is reQuired, the applicant is proposing a rear yard setback of 28 feet to allow for a 14 X 20 foot shed. thus reQuestin2: a variance of 12 feet. The property is located on 2 Boxwood Close and is identified as Tax Grid No. 6356-01- 130945 in the Town of Wappinger. "-- 03- 7194 Mark & Brid2:et Habinowski -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a rear yard setback of 40 feet is reQuired, the applicant is proposing a rear yard setback of 23 feet to allow for a 15 X 30 above 2:round pool. thus reQuestin2: a variance of 17 feet. The property is located on 75 New Hackensack Road and is identified as Tax Grid No. 6158-02-648597 in the Town of Wappinger. Appeal No. 02-7156 Jeff Hunt -Seekin2: an area variance of Chapter133-16( a) of the Code of the Town of Wappinger. The code requires that any Residential Structure in an AE flood zone have the lowest floor elevated to or above the Base Flood Level. The applicant's basement is at 260.7 feet, where it should have been placed at the flood level of 264 feet elevation. The property is located on 1061 Route 376 and is identified as Tax Grid No. 6358-03- 414490 in the Town of Wappinger. Appeal No. 03-7161 Hettin2:er/Fernwood Floral To vote on rescinding the Interpretation approval previously granted. The property is located on 51 Myers Corners Road and is identified as Tax Grid No. 6157-02-899988 in the Town of Wappinger. ........ 3 Town of Wappinger Zoning Board of Appeals Town of Wappinger Zoning Board of Appeals August 12th, 2003 Summarized Minutes Members Present: Mr. Prager, Mr. Fanuele, Mr. Warren, Mr. diPierno, Members Absent: Page 1 Minutes of August 12th, 2003 MINUTES Town Hall 20 Middlebush Road Wappinger Falls, NY Vice-Chairman Member Member Member i.l:!f")UTES :-> ::1C)\;/t c AUG ~) 6 2./)02 . ~,,1 -) Mr. Lehigh, Chairman Others Present: Mr. Roberts, Town Attorney Mr. Bice, Acting Town Planner Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary SUMMARY Public Hearings: Hengel, Jr. Perillo Novick Wood Haase Discussions: Hunt Hettinger Molitoris Coffey Mesuda Habinowski Granted variance with conditions. Granted variance. Granted I variance, denie<;f second. Granted variance. Granted variance. Public Hearing on September 9th, 2003. V oted on rescinding previous approval. Public Hearing on September 9th, 2003. Public Hearing on August 26th, 2003. Public Hearing on September 9th, 2003. Public Hearing on August 26th, 2003. Town of Wappinger Zoning Board of Appeals ~ Mr. Fanuele: Mr. diPiemo: Vote: Mr. Fanuele: Mr. diPiemo: Vote: Mr. Fanuele: Mr. diPiemo: Vote: Mr. diPierno: Mr. Warren: Vote: Page 2 Minutes of August lih, 2003 Motion to approve Minutes for July 8th and July 22od, 2003. Second the motion. All present voted aye. Motion to approve Site Minutes for July 26th, 2003. Second the motion. All present voted aye. Motion to go into executive session. Second the motion. All present voted aye. Board went into executive session at 7:35 pm and came out of executive session at 7:55 pm. Motion to come out of executive session. Second the motion. All present voted aye. 03-7186 John Henl!el Jr. -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a side yard setback of 10 feet is reauired, the applicant is proposing ~ yard setback of 2 feet 8 inches to allow for a 15 X 12 foot shed. thus reQuestinl! a variance of 7 feet 4 inches. -Where a rear yard setback of 10 feet is reauired, the applicant is proposing a rear yard setback of 3 feet 6 inches to allow for a 15 X 12 foot shed. thus reQuestinl! a variance of 6 feet 6 inches. The property is located on 3 Davies Drive and is identified as Tax Grid No. 6257-02- 882503 in the Town of Wappinger. ...... Mr. diPierno: Mr. Warren: Vote: Mr. Prager: Mrs. Roberti: ....... Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. Town of Wappinger Zoning Board of Appeals ......... Mr. Hengel: Mr. Roberts: Mr. Prager: Mr. Fanuele: Mr. Prager: Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: ....... Mr. diPiemo: Roll Call: Page 3 Minutes of August 1 i\ 2003 My shed is 30 years old. I am there since 1988 and the shed is on a concrete slab. So I can't move it. Have you applied for the shed amnesty before seeking a variance? The shed has electric so it's not eligible for it. There are similar sheds in the vicinity of his. The place is clean and he is not storing anything around it. Any other questions from the board? Anyone in the audience have any comments? Hearing none. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the variance because the request will not produce any undesirable effect on the neighborhood. The variance is not substantial but was self created by a previous owner. The condition that we will set is that if it ever is removed, than he will have to meet current building codes. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. Appeal No. 03-7187 John & Rosemarie Perillo -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a rear yard setback of 40 feet is reQuired, the applicant is proposing a rear yard setback of 13 feet to allow for a 16 X 14 foot shed with a 7 X 8 foot roof over a l!ravel pad. thus reQUestilll! a variance of 27 feet. The property is located on 8 Henrv Drive and is identified as Tax Grid No. 6157-02- 842912 in the Town of Wappinger. Mr. diPierno: Mr. Warren: Vote: ..... Motion to open the Public Hearing. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals ..... Mr. Prager: Mrs. Roberti: Mr. Perillo: Mr. Prager: Mr. Fanuele: Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: ..... Mr. diPiemo: Roll Call: Page 4 Minutes of August 12th, 2003 Are the mailings in order? Yes. I have an existing legal shed of 10 X 14 and I have a co for it. I had been informed by the Building Inspector that as long as I put any open overhang over it I would be alright. During the shed amnesty I decided to check it and was told that I am now in violation. The hardship is that the house has a one-car garage and I use this for lawn furniture, etc. Does anyone in the audience have a comment for or against this? Hearing none. For the record the overhang comes into his property, not toward his neighbor. It does hide his equipment in a nice way. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the variance because the request will not produce any undesirable effect on the neighborhood. It is self created but is not substantial. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. 03-7189 Martin & Deborah Novick -Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning District. - Where a side vard setback of 15 feet is reauired, the applicant is proposing a side yard setback of 2 feet 2 inches to allow for an addition and I!aral!e. thus reQuestinl! a variance of 12 feet 10 inches. -Where a front vard setback of 35 feet is required, the applicant is proposing a front vard setback of 24 feet to allow for a front fover. thus reQuestinl! a variance of 11 feet. The property is located on 9 Bowdoin Lane and is identified as Tax Grid No. 6057-02- 772582 in the Town of Wappinger. ~ Town of Wappinger Zoning Board of Appeals ....... Mr. diPierno: Mr. Warren: Vote: Mr. Prager: Mrs. Roberti: Mr. Novick: Mr. Fanuele: Mr. Novick: Mr. Fanuele: Mr. Novick: Mr. Prager: '- Mr. Rodriguez: Mr. Novick: Mr. Prager: Mr. Rodriguez: Mr. Prager: Mr. Fanuele: ....... Page 5 Minutes of August lih, 2003 Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. The front variance is for a foyer so we can all get in dry at once. The side variance is for a dining room and two car garage. The garage is under the house now and the new addition will line up with the driveway. Instead of 24 feet we shrunk the addition to 22 feet to the side. So now you need a 4 foot variance from the side? Yes. We are also enlarging the family room and adding a bath. Does anyone in the audience have a comment for or against this? Mark Rodriguez, 7 Bowdoin Lane. I am his neighbor on the side of this addition. Marty and I had discussed this and I have no problem if it's at least seven feet. I do care if it's less than seven feet because than it will be too close to my property line and he will be putting his garage right under my kid's bedrooms. All of my neighbors saw these plans including him. So now that I have a stamped copy now he doesn't like it. Explain these plans to this board. At this time Mr. Novick went up to the board and explained his plans to the board using the plans that he brought with him. What exactly is he asking for now? Four feet from the side. The problem I have is that you're expanding greatly. I would not grant this at this size, maybe if it were smaller. Town of Wappinger Zoning Board of Appeals ,.... Mr. Novick: Mr. Fanuele: Mr. Warren: Mr. Prager: Mrs. Novick: Mr. Prager: Mr. Rodriguez: Mr. Novick: '-'" Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mr. Novick: Mr. Fanuele: Mr. diPiemo: Roll Call: Page 6 Minutes of August 12th, 2003 But I want something that looks good. Maybe if you were putting in a smaller structure but it's unfair to your neighbor. I look at this big addition and it deprives your neighbor of his open space and fresh air. I agree with Vie. Anyone else in the audience? Hearing none. How big an addition would you grant? Would you grant an addition at all? A smaller one, but we would have to see new drawings. I would be ok with at least 7 feet. I would have to speak with my engineer. Motion to close the Public Hearing. Second the motion. All present voted aye. How big will the foyer be? Eleven feet out toward the front and seven feet wide. Motion to grant the variance for the foyer and to deny the variance for the addition to the side. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. 03-7191 Lawrence & Jill Wood -Seeking an area variance of Section 240-37 of District Regulations in an R-80 Zoning District. - Where a front yard setback of 50 feet is required, the applicant is proposing a front yard setback of 11 feet to allow for an additional bedroom. thus reQuestinl! a variance of 39 feet. ...... Town of Wappinger Zoning Board of Appeals .......... Page 7 Minutes of August 1 i\ 2003 The property is located on 136 Stonvkill Road and is identified as Tax Grid No. 6056- 02-897684 in the Town of Wappinger. Mr. Fanuele: Mr. Warren: Vote: Mr. Prager: Mrs. Roberti: Mrs. Wood: Mr. Fanuele: Mrs. Wood: Mr. Fanuele: .~ Mr. Prager: Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mr. Warren: Roll Call: ..... Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. We want to add a bedroom and our home pre-dates zoning and is within 4 feet of the road. The house is just 18 inches from the property line. We want to turn the porches into the bedroom. We did a site visit and saw that the house is just 4 feet from the road and if you look the house is very old. The house was built in theI800's. So you're knocking down the porches and rebuilding the bedroom. Does anyone in the audience have any comments? Hearing none. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the variance due to the age of the house and that the road is 4 feet lower than the house. It won't change the character of the neighborhood and it is not substantial. Second the motion. Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. Town of Wappinger Zoning Board of Appeals ...... Page 8 Minutes of August 12th, 2003 03-7188 Judv & Michael Haase -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a side yard setback of 10 feet is required, the applicant is proposing a side yard setback of 6 feet to allow for a deck on their pool. thus reQuestin!! a variance of 4 feet. The property is located on 14 Amherst Lane and is identified as Tax Grid No. 6057- 02-772582 in the Town of Wappinger. Mr. diPierno: Mr. Warren: Vote: Mr. Prager: Mrs. Roberti: Mrs. Haase: -- Mr. Prager: Mr. Prager: Mr. Warren: Mr. diPiemo: Vote: Mr. diPierno: Mr. Warren: Roll Call: ....... Motion to open the Public Hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. I need a variance for the deck on my pool in the amount of 4 feet. I have a letter from my neighbor and we have a fence between us. I couldn't put it on the other side of the pool because our septic was there. May we see the letter from the neighbor? Letter from neighbor was brought up to the board. Read the letter to the board. Is there anyone in the audience to speak for or against this variance? Hearing none. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the variance because it will not affect any near by properties. It is not substantial but it is self created. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. Town of Wappinger Zoning Board of Appeals Page 9 Minutes of August lih, 2003 Appeal No. 02-7156 Jeff Hunt -Seekine an area variance of Chapter133-16(a) ofthe Code of the Town of Wappinger. The code requires that any Residential Structure in an AE flood zone have the lowest floor elevated to or above the Base Flood Level. The applicant's basement is at 260.7 feet, where it should have been placed at the flood level of 264 feet elevation. The property is located on 1061 Route 376 and is identified as Tax Grid No. 6358-03- 414490 in the Town of Wappinger. '-" Mr. Roberts: ~ Mr. Prager: Mr. Roberts: Mr. Hunt has asked my office to get this project moving and the reality is that there has never been a Public Hearing. He has retained an attorney named Richard Cantor. Mr. Cantor has asked that the Public Hearing be scheduled for September 9th, 2003. Mr. Hunt I am going to refer you to Chapter 133 of the Town Code where there are specific criteria in that code, specifically Section 133.20 which establishes the criteria upon which variances may be granted. It's going to be your obligation to establish that you meet those criteria at the next meeting. Yau should have your engineer and attorney present. Mr. Hunt had proposed to grant the Town a release in event the variance was granted. I have reviewed the proposed release, made some amendments to it and I have presented draft copies to the Zoning Board for their review. I will supply your attorney with a copy. We will than set the public hearing for September 9, 2003 and we will do a site visit on August 23, 2003. I will try and attend. Appeal No. 03-7161 Hettineer/Fernwood Floral To vote on rescinding the Interpretation approval previously granted. The property is located on 51 Mvers Corners Road and is identified as Tax Grid No. 6157-02-899988 in the Town of Wappinger. Mr. Prager: Mr. Prager: Roll Call: ........ I have in front of me a resolution that I would like to read. Mr. Prager proceeded to read from the resolution to rescind their vote without prejudice. A copy is attached. Please call a Roll Call. Mr. Warren: Aye. Town of Wappinger Zoning Board of Appeals .~ Mr. Roberts: Page 10 Minutes of August lih, 2003 Mr. diPiemo: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. Howard you will sign that and I need that filed with the Town Clerk tomorrow and I will need a certified copy for the Supreme Court. Appeal No. 03-7190 Robert Molitoris -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 28 feet to allow for a family room and breakfast addition. thus reQuestin2: a variance of 12 feet. The property is located on 20 Circle Drive and is identified as Tax Grid No. 6056-01- 261793 in the Town of Wappinger. Mr. Cappelli Mr. Cappelli: "'-'" Mr. Prager: Mr. Cappelli: Mr. Prager: Mr. Cappelli: Mr. Prager: Mr. Fanuele: Mr. Warren: Vote: ......... Applicant's Architect We are looking to construct a small family room, mud room and breakfast room. We found the property on the side and back is in a pie shape. This caused a problem with trying to construct this addition. The side has a lot of room and the rear is shallow, if we could reverse them we would be fine but we can't. The existing house is only 20.9 feet from the rear? That's correct. Can we have copies of the proposed plan? I'll drop them off tomorrow. We'll set your public hearing for September 9, 2003 and we'll do a site visit on August 23,2003. Motion to declare the ZBA Lead Agency. Second the motion. All present voted aye. Page 11 Town of Wappinger Zoning Board of Appeals Minutes of August 12th, 2003 03-7193 Geore:e & Joan Coffey -Seeking an area variance of Section 240-37 of District Regulations in an R-15 - Where a front yard setback of 35 feet is reQuired, the applicant is proposing a front yard setback of 25 feet to allow for a front porch. thus reQuestine: a variance of 10 feet. The property is located on 12 Ronsue Drive and is identified as Tax Grid No. 6156-01- 489861 in the Town of Wappinger. ....... Mr. Coffey: Mr. Fanuele: Mr. Coffey: Mr. Prager: Mr. Coffey: Mr. Prager: '-'" Mr. diPierno: Mr. Warren: Vote: I need to make a front porch to cover up an old concrete slab. What do you have now? Just cinder block. We would like a wood porch now. Just a deck a little larger than what is there, right? Yes. We will come out to look at it on August 23,2003 and we'll set your public hearing for August 26, 2003. Motion to declare the ZBA Lead Agency. Second the motion. All present voted aye. 03-7195 Don & Mary Ann Mesuda -Seeking an area variance of Section 240-37 of District Regulations in an R-20j40 Zoning District. -Where a side yard setback of 20 feet is reQuired, the applicant is proposing a side yard setback of 10 feet to allow for a 14 X 20 foot shed. thus reQuestine: a variance of 10 feet. -Where a rear yard setback of 40 feet is required, the applicant is proposing a rear yard setback of 28 feet to allow for a 14 X 20 foot shed. thus reQuestine: a variance of 12 feet. The property is located on 2 Boxwood Close and is identified as Tax Grid No. 6356- 01-130945 in the Town of Wappinger. Mrs. Mesuda: ....... I have lived here for 12 years and I have 3 children. We have a hill in the rear of our property that is lined with trees. Weare also on a Page 12 Town of Wappinger Zoning Board of Appeals ........ Mr. Prager: Mrs. Mesuda: Mr. Prager: Mrs. Mesuda: Mr. Prager: Mr. diPierno: Mr. Warren: Vote: ........ Minutes of August 1 ih, 2003 comer. My husband is an Electrical Contractor and he needs to store a small amount of equipment at night. We also have an enormous amount of bikes, lawn equipment and toys. We would like to put a shed in the back a little closer to the road because of the shape of our yard. So you're putting it back here? Yes, with the door facing us. We had originally said it would be 14 X 20 feet but it was too expensive. So we are purchasing one that is 12 X 24 feet. I have pictures to show you. Why can't you bring it closer to the pool? Then it would be in the middle of my yard. We'll have to come out and look at this on August 23, 2003. We will set your public hearing for September 9,2003. Motion to declare the ZBA Lead Agency. Second the motion. All present voted aye. 03-7194 Mark & Bride:et Habinowski -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a rear yard setback of 40 feet is reQuired, the applicant is proposing a rear yard setback of 23 feet to allow for a 15 X 30 above e:round pool. thus reQuestine: a variance of 17 feet. The property is located on 75 New Hackensack Road and is identified as Tax Grid No. 6158-02-648597 in the Town of Wappinger. Mr. Habinowski: We have 2.1 acres and most of it is on the side and in the front. Our kids want a pool and to put it in we will be removing a swing set and that is where we would like to place it. Our woods are 30 feet wide and run about 170 feet across the back. Mr. Prager: I guess we will come out and take a look at yours also on August 23, 2003. Please make sure it's staked out and we will set your public hearing for August 26,2003. ...... Town of Wappinger Zoning Board of Appeals Page 13 Minutes of August 1 i\ 2003 ...... Mr. diPierno: Mr. Warren: Vote: Motion to declare the ZBA Lead Agency. Second the motion. All present voted aye. Mr. diPierno: Mr. Fanuele: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 9:15 PM Re~tfu]lY St;'lIledo Jt?!dm~ecr ary I / Secretary - Zoning Board of Appeals "IliIr ...... ~ RESOLUTION ..... At a regular meeting of the Zoning Board of Appeals of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the lih day of August, 2003, at 7:30 P.M. The meeting was called to order by Alan Lehigh, Chairman, and upon roll being called, the following were present: PRESENT: Chairman i!~~I!~ Members :W:g"(~ Pr'Pger Gerald diPiemo Douglas Warren Victor Fanuele ABSENT: ...... The ~ollowing Resolution was introduced by a .jiAf~ ~ .j{/:;AM~ and seconded by WHEREAS, by Application dated March 7, 2003, H&B Office Products, Inc. (hereinafter referred to as "HE") and FemwoodFloral Gardens (hereinafter referred to as '~ERNWOOD") made an application for an interpretation from a written determination made by the Zoning Administrator dated March 7,2003; and WHEREAS, by Decision dated May 13, .2003, the Zoning Board of Appeals made a determination that the premises occupied by HE of 51 Myers Comers Road, Wappingers Falls, New York could be used by FERNWOOD for the retail sales at florist products asa continuation of the non-conforming permitted use of the building for retail sales; and '-' O:\W APPIN GE\ZBA\Hettinger-lnterpretation\Resolution.doc WHEREAS, by Notice of Petition and Petition dated May 30,2003, Salvatore Pace and ........ Regina Pace made Application to the Supreme Court, State of New York, County of Dutchess, seeking a judgment nullifying and invalidating the aforementioned Decision; and WHEREAS, it has been reported that FERNWOOD has indicated it no longer intends to occupy 51 Myers Corners Roadto use same for retail sale of florist products; and WHEREAS, it has been determined that HB-has contracted to sell the subj ect property to be developed and used for single f~ly residential purposes. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as iffully set forth and adopted herein. 2. The Zoning Board of Appeals hereby rescinds, WITHOUT PREJUDICE, its .r- Decision on Interpretation Application dated May 13, 2003 in connection with the property ~ owned byHB and located at 51 Myers Comers Road, Wappingers Falls, New York, a copy of said Decision is attached hereto .marked and designated Exhibit "An. 3. The Zoning Board of Appeals hereby authorizes and directs Attorney to the Town, Albert P. Roberts, to take whatever steps are necessary to discontinue the Article 78 Proceeding commenced by Salvatore Pace and Regina Pace by Notice of Petition and Petition dated May 30,2003, WITHOUT PREJUDICE, to the rights of either the Petitioners or the Respondents. 4. The Zoning Board of Appeals further determines that this action in rescinding its Decision, WITHOUT PREJUDICE, is a Type II action under State Environmental Quality Review Act (SEQRA) and accordingly, requires no environmental review as a precondition to making its determination hereunder. ....... O:\W APP INGE\ZBA\Hettinger-lnterpretation\Resolution.doc "-- The foregoing was put to a vote which resulted as follows: ALAN LEHIGH, Chairman Voting ~A!j HOWARD PRAGER, Member Voting ~, GERALD diPIERNO, Member Voting ~.' DOUGLAS WARREN, Member .. Voting -- life. VICTOR F ANUELE, Member Voting Dated: Wappingers Falls, New York August 12,2003 "-- STATE OF NEW YORK,. COUNTY OF DlITCHESS, TOWN OF WAPPINGER The Resolution is hereby duly declared adopted. ~ ;./~ (r/I{~fi{-W' A1 ehi, C~' ! ".: I, GLORIA J. MORSE, Town Clerk of the Town of Wappinger, N.Y., do hereby certify that I have compared the foregoing copy of a Resolution adopted by the Zoning Board of Appeals on August 17, 20.0.3, rescinding, without prejudice, their decision on the Hettinger/Fernwood Interpretation, ~ with the original record thereof now remaining on file or of record in this office and have found the same to be a correct transcript therefrom a,nd the whole of such original record. . . IN TESTIMONY WHEREOF, I have hereunto set my hand, and !Iffixed my seal of office, this ./.2-._ day of .~~_____._, 20Q3 . ~-----~7'--------"'--' TOWn Cler~ By --5 ~_.__ t:,.. -~~::L:__, Deputy Clerk o:\w APP'NGE\Z8A\~ettinger.lnterpretatiOn\ResOllition.doc '. "'-' TOWN OF WAPPINGER ZONING BOARD OF APPEALS DECISION ON INTERPRETATION APPLICATION Applicants: H&B Office Products, Inc. and Femwood Floral Gardens Premises: 51 Myers Comers Road Tax Grid No.: 6157-02-899988 By Application dated ~aIch 7,2003, H&B Office Products, Inc. (hereinafter referred to as "HE") and PemwoodFloral Gardens (hereinafter referred to as "Femwood") submitted an InterpretationApplication from a written determination made by Zoning Administrator, Tatiana Lukianoff, dated March 7, 2003. HelenHettinger, an officer ofHB, had previously requested a determination from the Zoning..~.:dministrator, Tatiana Lukianoff,that the proposed use of the above premises for "'-" sales and service offiorist products was a continuation of the current use of the premises for sales and service of office products. Zoning Administrator Lukianoff, by letter dated March ~; 2003, in response to the inquiry from Helen Hettinger, stated that ''the proposed use.is not one permitted in a residential..zone1' .andreferred to the Town of Wappinger Zoning Code g240-16( c)(3) which states .thata'~non-confonning use of abuilding may be changed only to a conforming use". ~ O:\WAPPINGE\ZBA\Hettinger-lnterpretation\Decision - Approval.DOC PUBLIC HEARING ...... A. A Public Hearing on this Application was conducted on April 8, 2003, which was adjourned to April 22, 2003 and closed on May 13, 2003. B. At the Apri122, 2003 Public Hearing, Helen.Hettinger oiHB provided testimony on behalf of the Applicants. In addition, she produced various documentation - pursuant to subpoena duces tecum requested by- Richard Cantor on behalf of a neighboring property.' Chairman Alan Leblgh-identified a list of the evidence presented which includes the following: 1. March 7, .2003 -:letter from Mr. Adams to Zoning Board of Appeals 2. 3. 4. ....... 5. 6. 7. 8. 9. March 10,2003 -letter from Mr. Cantor's office to Zoning Board of Appeals . March 11, 2003 -letter from Mr. Roberts' office to Zoning Board of Appeals March 14,2003 -letter from Mr. Roberts' office to Zoning Board of Appeals March 17,2003 -letter from Mr. Roberts' office to Zoning Board of Appeals March31,2003-letter from.Mr. Cantor's office to Zoning Board of Appeals Apri13~ 2003 - Zoning Administrator Interpretation Appeal April 7, .2002-1etterfrom Mr. Roberts' office to Zoning Board of Appeals April 8,2003 - 'letter from Mr.. Cantor's office to Zoning Board of Appeals 10. April 10, 2003 -letter from Mr. Roberts' office to Zoning Board of Appeals 11. April 11 , .2003 -letter from Mr. Cantor's office to Zoning Board of Appeals 12. April 17, 2003 -letter from Mr. Roberts' office to Richard Cantor and Jon Adams 13. April 22, 2003 -letter from Mr. Cantor's office to Zoning Board of Appeals 14. Federal Income Tax Forms ofHB ....... 15. Telephone Statements for HE 2 O:IWAPPINGE\Z8A\Hettfnger-lnterpretationIDecision - Approval.DOC ....... ~ .'-" 16. New York State Sales Tax Income Statement ofHB 17. Certificate of Occupancy and Variance for HE 18. Deed for RB Hettinger, Inc. dated July 17, 1975. 3 O:\WAPPINGE\Z8A\Hettlnger-lnterpretation\Decislon - Approval.DOC FINDINGS ....... Based upon information and evidence provided at the Public Hearings, the Zoning Board of Appeals makes the following findings: 1. The premises in question is located at 51 Myers Comers Road on a 0.26 acre' parcel in a R-20 residential zone. 2. The property has been used for at least 32 yearS for sales of office equipment and supplies. 3. Applicant HE, through testimony provided by Helen Hettinger, has indicated that HB has negotiated the sale of the existing premises presently occupied by ''HE to Femwood'~. Fernwood seeks to operate,its retail sales of florist products from this site. 4. By joint Application dated March 7, 2003, HE and Femwood requested to the . . Town of Wappinger Zoning Board of Appeals to interpret and decide whether the proposed ....... use of the building by F emwood for retail sales of florist products is a permitted use of the premises or constitutes a change of use. 5. Testimony revealed that Helen Hettinger is an officer ofHB and has standing to represent.ihe corporate application ofHB. 6. 'On April 22, 2003, Helen Hettinger testified on behalf of the applicants that she was present fora Town of Wappinger Zoning Board of Appeals meeting in 1971 at which time a variance was issued for the subject premises "to change Normandy Farm [resta:~t] to a H&B Office [supplies]. It was changed and it was legal" according to Mrs. Hettinger. 7. A variance was granted on July 2, 1971 and a Certificate of Occupancy was issued as a result thereof "for use as a legally non-conforming commercial building" with respect to the premises at issue. The Building Permit further characterized the premises as a ....... "legally non-conforming commercial building". 4 O:\WAPPINGE\ZBA\Hettlnger-lnterpretation\Decision - Approval.DOC 8. This Interpretation Application is exempt from environmental review pursuant ....... to NYCRR g617.5(c)(31) (SEQRA) as it is properly classified as a Type II action. 9. The Zoning Board of Appeals :finds that testimony of Mr. Rocco Trenkle provided on April 8, 2003 helpful in its determination of the following facts: A. The premises appearance or structure will not change as of the use proposed by the applicants; B. There-ts-nOexpected significant change with respect to the occupants or clientele that would be conducting their business at the premises; C. The essential character of the prior use of a "legally non-conforming commercial building", as it is characterized according to the . - variance granted to the property on July 2, 1971, has not changed; ........ D. The essential character of the property as a commercial building will not change by substituting floral products for office products; E. A variance fora legally non-conforming commercial building was issued on July 7,1971 which runs with the land; .F. :the proposed use is incident to the prior use of the premises as a 'legally non-conforming commercial building engaging in retail sales of consumer products. '''-'' 5 O:\WAPPINGE\ZBA\Hettinger-lnterpretation\Decision - Approval.DOC DECISION ,--. 10. The ZBA is ofthe opinion that the use of the premises for the sale and service of office products is essentially the same as if the premises were used for the retail sale and service of florist products. The predominant use of the premises for the last 32 years while occupied by HE was sales and service of office business equipment and supplies. Throughout . this period, the predominant use of the premises was for retail sales. 1"1. This Board noteitIiaHhe Applicant HE had previously received a variance for a "commercial building" and on October 29, 1971 subsequently received a C/O for "use 8:5 a. legally non-conforming commercial building". 12. The ZBA notes the Town's Zoning Code no longer simply refers to' "commercial" uses. The current Zoning Code categorizes uses as either "residential" or "non- . . residentIal". Retail uses are permitted in HE, HM,:ME, GB, ce, SC, HO, and HD Districts. ...... "Service" uses are permitted in the same Districts. Retail sales of office equipment or florist products are not separately identified in the Zoning Ordinance - although. "copy centers" are referenced under the category of "service". The ZBA also notes there is no definition of the term "retail" within the Zoning Code. The ZBA references the above permitted uses for non- residential districts only as .a guide for what may be permitted in non-residential districts. 13. The ZBA determines that since HB has obtained a variance for a "legally non- conforming commercial building" and since the demonstrated principle use of the premises by HE was that of retail sales and service business, it is our Decision that the use of the premises for retail sales of florist products is a continuation of the non-conforming permitted use of the building for retail sales. ...... 6 O:\WAPPINGE\ZBA\Hettlnger-lnterpretatlon\Decision - Approval.DOC . THEREFORE, BE IT RESOLVED, that it is the determination of the Town of '''-' Wappinger ZBA that the change in use requested by the Applicants is in effect a continuation of the use of the property for retail sales and is a permitted use under the Town of Wappinger Zoning Code. Accordingly, Appeal No. 03-7161 is hereby approved and the decision of the Zoning Administrator dated March 7, 2003 is hereby overruled. The question of the adoption of the foregoing Decision-was duly put to a vote on roll call, whi~h resulted as follows:--===- . Alan Lehigh, Chairman voting Gerald diPiemo, Member voting Douglas W men, Member voting Howard Prager, Member voting Victor Fanuele, Member voting .-.. Dated: May 13, 2003 Wappingers Falls, New York Alan Lehigh, Chairman Zoning Board of Appeals, Town of Wappinger ....... 7 O:\WAPPINGE\ZBA\Hettlnger-lnterpretation\Decision - Approval.DOC