2003-01-14
..
ZONING BOARD OF APPEALS
January 14,2003
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Revised January 10, 2003
Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: January 14, 2003
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappingers Falls, NY
Approve Minutes for December 10, 2003.
Adjourned Public Hearing:
Appeal No. 02-7150
Wappinl:er Falls Toyota-Subaru
-Seeking an area variance of Section 240-23 of District Regulations in an
HB Zoning District.
Where the code states, no qlare beyond the property line in excess of 0.5
foot-candles is required, the applicant is proposinq a ranqe between .1 and
2.7 foot-candles alonq the Route 9 property line, thus requestinq a
~ variance on the Iic;lhtinq plan as set forth on the photometric maD. The
property is located at 1349 Route 9 and is identified as Tax Grid No. 6157-02-
585606 in the Town of Wappinger.
Public Hearing:
Appeal No. 02-7144
Phil & Vicki Grillot
-Seeking an area variance of Section 240-37 of District Regulations in an R-
40 Zoning District. Where a frontal:e of 50 feet is required, the applicant is
proposing a frontal:e of 20.28 feet, thus requestinl: a variance of 29.72
feet. The property is located on Diddell Road and is identified as Tax Grid
No. 6359-02-630650 in the Town of Wappinger.
Appeal No. 02-7146
Zacarias Mendoza
As per the Schedule of Use Regulations for Residential Districts, the maximum lot
coverat:e in an R-20 zone is 15%. The apolicant is proposint: a 22' X 24' t:araee that
would raise the total lot coveraee to 17%, which requires a variance of 2%.
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ZONING BOARD OF APPEALS
January 14,2003
The property is located at 436 All Aoeels Hill Road and is identified as Tax Grid No.
'-" 6357-03-072064 in the Town of Wappinger
Discussions:
Appeal No. 02-7153
Performance Motors
-Seeking a area variance of Section 240-23 of District Regulations in an
HB Zoning District for the following:
Where the code states, no qlare beyond the DroDertv line in excess of 0.05
foot-candles is required, the applicant is proDosinq a ranf;le maximum of 1.4
foot-candles alonq the DroDertv line, thus requestinq a variance of .9 foot-
candles over the maximum Dermitted.
-Seeking a area variance of Section 240-96 (B)(1) of District Regulations in
an HB Zoning District for the following:
Where an aisle width of 26 feet is required for 18 foot deep parking spaces,
the applicant is proposinl: an aisle width of 25 feet. thus requestinl: a
variance of 1 foot for the aisle width.
The property is located at 1401 Route 9 and is identified as Tax Grid No. 6157-
02-598733/597715 in the Town of Wappinger.
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Appeal No. 02-7152
Stephen Thone
-Seeking an area variance of Section 240-37 of District Regulations in an R-
15 Zoning District. Where a side yard of 15 feet is required, the applicant
is proposing a side yard setback of 10 feet for a 15 X 18 foot pool deck,
thus requestinl: a variance of 5 feet.
_ Where a rear yard setback of 30 is required, the applicant is proposing ~
rear yard setback of 26 feet for a 15 x 18 foot pool deck, thus requestinl: a
variance of 4 feet.
The property is located on 8 Malstrome Road and is identified as Tax Grid
No. 6158-02-983535 in the Town of Wappinger.
~
Appeal No. 03-7154
Steer Subdivision-Lots 1 and 2
-Seeking an area variance of Section 240-20 of District Regulations in an R-
40 Zoning District. The applicant is proposing access from the rear of the
property, utilizing an adjacent paper road. The property is located on Pine
Ridl:e Drive and is identified as Tax Grid No. 6256-02-767947/784956 in
the Town of Wappinger.
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Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of January 14,2003
MINUTES
Zoning Board of Appeals
January 14,2003
Summarized Minutes
Town of Wappinger
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Members Present:
r/;:-:UT2S
/~,:~ i~ r",,J \, 'i:I)
Mr. Lehigh,
Mr. Prager,
Mr. diPierno,
Mr. Warren,
Mr. Fanuele,
Chairman
Vi ce-Chairman
Member
Member
Member
r:'-.~ <I' r;;'H~ ~
,........ - ~ ...;..~....~
Others Present:
Mrs. Lukianoff, Zoning Administrator
Mrs. Roberti, Secretary
SUMMARY
Adjourned Public Hearing:
Wappinger Falls Toyota Adjourned Public Hearing for January 28,
2003.
Public Hearings:
Phil & Vicki Grillot
Adjourned Public Hearing for January 28,
2003.
Granted variance for 2% extra lot
Coverage.
Zacarias Mendoza
Discussion:
Performance Motors
Stephen Thone
Stear Subdivision
Public Hearing on January 28,2003.
Public Hearing on January 28,2003.
Never appeared before Board.
Page 2
Town of Wappinger
Zoning Board of Appeals
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Mr. Fanuele:
Mr. diPiemo:
Vote:
Minutes ofJanuary 14,2003
Motioned to approve Minutes for December 10,2003 as
amended.
Second the motion.
All present voted aye except Mr. Prager who abstained.
Appeal No. 02-7150
Wappineer Falls Toyota-Subaru
-Seeking an area variance of Section 240-23 of District Regulations in an
HB Zoning District.
Where the code states, no glare bevond the property line in excess of 0.05
foot-candles is reauired, the applicant is proposina a ranae between .1 and
2.7 foot-candles alona the Route 9 property line, thus reauestin9 a
variance on the lightina plan as set forth on the photometric map. The
property is located at 1349 Route 9 and is identified as Tax Grid No. 6157-02-
585606 in the Town of Wappinger.
Present:
.......
Mr. Prager:
Mr. Warren:
Vote:
Phil Hamburger
Move to open the Adjourned Public Hearing.
Second the motion.
All present voted aye.
Mr. Hamburger: One of the questions that came up at the meeting was a distance
between the.l and the 2.7 Most of the readings are geared toward the
.1 than the 2.7.
Mr. Lehigh:
Mr. Prager:
We received the EAF statement.
Is this the correct drawing of what you're speaking about?
Mr. Hamburger: Yes.
Mr. Lehigh:
Mr. Fanuele:
........
(At this time Mr. Hamburger went to the front dais and the men all
looked at the drawings together.)
Does anyone in the audience have any questions?
I have some questions on this letter from Toyota. (Mr. Fanuele read
from a letter dated November 27,2002, from Wappinger Falls Toyota
to the Town of Wappinger ZBA.) So you state for the safety of
customers & employees. Why not over here on the back lot?
Page 3
Town of Wappinger
Zoning Board of Appeals
Minutes ofJanuary 14,2003
Mr. Hamburger: Actually there are some lights that are on the property back in through
here. But they don't provide any glare up onto Route 9. (Mr.
Hamburger goes to the dais and proceeds to show lights on the
photometric.) This pole will be shut off completely and there will be
over a 90% reduction from what's there now.
........
Mr. Fanue1e:
How do other car dealers do it?
Mr. Hamburger: I never questioned other lots but the Town Planner has stated to us that
this proposal does bring us into line with what other dealers are going
to be.
Mrs. Lukianoff: Weare dealing here with an existing business with existing poles on the
property line. The others were new projects with the lights placed
strategically to what the code states. In this instance we are trying to
fix something that has already been there. Weare trying to make the
best out of it. Now I know this still doesn't meet the code but Phil and
Dan have worked on this with many variations and contractors. They
have played with the numbers and have tried to make it satisfactory.
Mr. Fanue1e:
.........
Mr. Lehigh:
This business has been here for years and we never had a problem until
recently. I would like to address a letter to our planner that before he
gives out information on how our Town should look, he ought to
address the Zoning and Town Laws to get some facts and the different
boards feeling on the projects since we are the appointed.
Let's take that up at the end ofthe meeting.
Mr. Hamburger: I worked hard on this with the planner and the planning board to try to
achieve the best results possible.
Mr. Fanue1e:
Mr. Lehigh:
Mr. Prager:
Mrs. Roberti:
Mr. Fanue1e:
'--
I just feel that I'm now going to get variances from Volvo, Nissan,
Volkswagen and Mercedes Benz. That will light up the whole Town.
Anyone else? Do you want to entertain a motion on the neg. dec.?
I saw the copy tonight from Dan Wery's office. Does anyone know
why we got that tonight?
This was faxed to us at around 3:30 today.
I have trouble approving this because its rewarding him for reducing
the lighting 89% but its still in a bad situation. I don't reward
somebody for doing something bad and then saying I'm sorry 1'11 only
do Yz bad. I don't understand that.
Page 4
Town of Wappinger
Zoning Board of Appeals
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Mr. Lehigh:
Mr. Fanuele:
Mr. Prager:
Mr. Warren:
Roll Call:
Mr. Fanuele:
Mr. Lehigh:
.......
Minutes of January 14, 2003
That's part of the neg.dec. Whether you choose to accept that or not is
up to you. Do I hear a motion for a neg. dec.? I think we should send a
letter to the planner that we need to have this material before the night
of the meeting and the last minute so we have time to sit down and read
the information.
I think we should table this since it says it's a draft and they must want
our comments on this.
Motion to adjourn this meeting to January 28, 2003.
Second the motion.
Mr. Warren: Aye.
Mr. diPiemo: Aye.
Mr. Prager: Aye.
Mr. Fanuele: Aye.
Mr. Lehigh: Aye.
Lets set a meeting with the Town Planner and any other people
involved before we make a decision.
I'll call him tomorrow and try to set a date.
Appeal No. 02-7144
Phil & Vicki Grillot
-Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning
District. Where a frontaee of 50 feet is reauired, the applicant is proposing a frontage
of 20.28 feet, thus reauesting a variance of 29.72 feet. The property is located on
Diddell Road and is identified as Tax Grid No. 6359-02-630650 in the Town of
Wappinger.
Present:
Mr. Prager:
Mr. Warren:
Vote:
Mr. Koehler:
Mr. Lehigh:
Mr. Koehler:
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Dan Koehler
Oswald & Gillespie
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Gave overview of project to the public.
We went out and looked at this. We had bushes that had to be moved.
Do you have any paperwork on this yet?
The work is going to be done in the spring. My client and the neighbor,
Mr. Helmeyer, have worked out an agreement. Right now it is verbal,
but they plan on putting it to paper after the lawyers get involved.
Page 5
Town of Wappinger
Zoning Board of Appeals
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Mr. Fanuele:
Mr. Koehler:
Mr. Fanuele:
Mr. Koehler:
Mr. Lehigh:
Mr. Fanuele:
Mr. Milito:
Mr. Lehigh:
Mr. Milito:
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Mr. Koehler:
Mr. Milito:
Minutes of January 14,2003
That property cannot be further subdivided can it?
No it can't.
Can you put it as a condition?
I have no problem with that.
Until we get this in writing with some kind of a legal paper that those
bushes are going to be moved, I don't think that we can grant a variance
anyway.
Graham has to approve the agreement.
Frank Milito, Diddell Road. My property abuts next to this. There is a
stonewall and a tree line that exists there and I want to make sure that it
does not get affected by this. Also is this just one house and one
driveway?
Just one house and driveway.
My property, it seems runs through the stone wall. I want to make sure
that he can't take down the wall or even half of it.
The stone wall seems to be the property line, so I don't see that being
disturbed.
Can that be part of the variance?
Mrs. Lukianoff: Today's zoning requirements is a 12-foot driveway with 4 foot on
either side of it.
Mr. Milito:
Does it have to be 4 feet on either side?
Mrs. Lukianoff: It could be 2 feet on one side and 6 feet on the other.
Mr. Milito:
Mr. Lehigh:
Mr. Fanuele:
There's a tree line there that provides shade onto my property and I
would like to see that remain.
There has to be clearance on both sides, which will affect the driveway.
I think the question is, can the driveway be right on the property line?
Mrs. Lukianoff: It can be, depending if the driveway remains off the property line.
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Town of Wappinger Page 6
Zoning Board of Appeals Minutes of January 14, 2003
Mr. Milito: Also this is a tough turn onto Diddell and that is a safety issue. The
telephone pole is also in the way.
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Mr. Lehigh:
Mr. May:
Mr. Fanue1e:
Mr. Milito:
Mr. Lehigh:
Mr. Milito:
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Mr. Prager:
Graham Foster looked at the safety issue and only felt the bushes
needed to be moved.
Arthur May, 167 Diddell Road. It is a safety issue coming out of that
driveway.
Both neighbors went on about the telephone pole and safety issue for
quite some time.
Let's send a letter to Graham to look once more at this and also the
telephone pole.
What about my stone wall.
You can get yourself an attorney to look into it. At this time we are not
making any decisions until they come back with legal papers regarding
the bushes. You are welcome to come back to the next meeting.
Does the Zoning Board sign off on the map as to where the driveway
will be placed?
No that goes to the building department.
Mrs. Lukianoff: It would be reviewed by the Town Engineer, Graham Foster, Building
Inspector and myself before approval to construct the driveway would
be given.
Mr. diPierno:
Mr. Prager:
Vote:
Motion to adjourn to January 28, 2003.
Second the motion.
All present voted aye.
Appeal No. 02-7146
Zacarias Mendoza
As per the Schedule of Use Regulations for Residential Districts, the maximum lot
coverage in an R-20 zone is 15%. The applicant is proposing a 22' X 24' garage that
would raise the tota110t coverage to 17%, which requires a variance of 2 %.
The property is located at 436 All An~els Hill Road and is identified as Tax Grid No.
6357-03-072064 in the Town of Wappinger.
Mr. Prager:
Mr. Warren:
Vote:
'-'"
Motion to open the Public Hearing.
Second the motion.
All present voted aye.
Page 7
Town of Wappinger
Zoning Board of Appeals
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Mr. Lehigh:
Mr. Prager:
Mr. diPierno:
Roll Call:
Mr. Prager:
Mr. diPierno:
Roll Call:
Mr. Lehigh:
.........
Minutes of January 14, 2003
I'm sorry that you had to come back with this. It was our oversight
that this wasn't included with the other variance. So we are just
clearing up some paperwork.
Motion to close the Public Hearing.
Second the motion.
Mr. Warren: Aye.
Mr. diPierno: Aye.
Mr. Prager: Aye.
Mr. Fanuele: Aye.
Mr. Lehigh: Aye.
I make a motion to grant the 2% variance.
Second the motion.
Mr. Warren: Aye.
Mr. diPierno: Aye.
Mr. Prager: Aye.
Mr. Fanuele: Aye.
Mr. Lehigh: Aye.
That's it, you're done. Sorry you had to come back.
Appeal No. 02-7153
Performance Motors
-Seeking a area variance of Section 240-23 of District Regulations in an
HB Zoning District for the following:
Where the code states, no alare beyond the DroDertv line in excess of 0.05
foot-candles is reauired, the applicant is DroDosina a ranae maximum of 1.4
foot-candles alona the DroDertv line, thus reauestina a variance of .9 foot-
candles over the maximum Dermitted.
-Seeking a area variance of Section 240-96 (B)(1) of District Regulations in an HB
Zoning District for the following:
Where an aisle width of 26 feet is required for 18- foot deep parking spaces, the
applicant is proposin2 an aisle width of 25 feet, thus requestin2 a variance of 1 foot
for the aisle width.
The property is located at 1401 Route 9 and is identified as Tax Grid No. 6157-
02-598733/597715 in the Town of Wappinger.
Present:
Phil Cerniglia
Jacob Lavian
Mr. Cerniglia: This site was originally the northerly lot. Mr. Lavian recently purchased
the southerly lot, which used to be Choice Seating and we have now
combined them. Everything in green on the map is considered Phase II on
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Town of Wappinger
Zoning Board of Appeals
Page 8
Minutes of January 14,2003
the map. Everything in yellow is the lighting in Phase 1. Phase I is the
--.... renovation of the Choice Seating building to be used as a showroom. The
Planning Board has required Mr. Lavian to return within 24 months to
address the lighting and the landscaping. We only need the lighting
variance along Route 9. The highest number is 1.4 candlepower.
Mr. Prager: Actually it's only 2 of them that need the variance?
Mr. Cerniglia: Correct. We tilted the lights, we did everything possible and that's the
best we could get.
Mr. Prager: Are the lights in now?
Mr. Cerniglia: No. The other variance we need is because we have created an island so
that we can get the lights 18 inches off the property line. The existing
curb right now is on the property line and then the only place to put the
lights is off the property line.
Mr. diPierno: So it's only this one area?
Mr. Cerniglia: Yes that's correct.
Mr. Prager: I'm ok with that.
........
Mr. Lehigh: We will set the Public Hearing for January 28, 2003.
Appeal No. 02-7152
Stephen Thone
-Seeking an area variance of Section 240-37 of District Regulations in an R-15 Zoning
District. Where a side yard of 15 feet is reauired, the applicant is proposing a side
yard setback of 10 feet for a 15 X 18-foot pool deck, thus reauestine a variance of 5
feet.
_ Where a rear yard setback of 30 is required, the applicant is proposing a rear yard
setback of 26 feet for a 15 x 18-foot pool deck, thus requestine a variance of 4 feet.
The property is located on 8 Malstrome Road and is identified as Tax Grid No. 6158-
02-983535 in the Town of Wappinger.
Present: Stephen Thone
Mr. Thone: I'm looking to correct a violation that came about recently. This deck
was put in two years ago. The pool is 26 feet from the rear and it has a
e.O. The pool passed at 26 feet and only now I find that it needed to be
30 feet. I didn't realize that I needed a permit for the deck.
Mr. Lehigh: Is this pool above ground?
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Town of Wappinger
Zoning Board of Appeals
Page 9
Minutes ofJanuary 14,2003
Mr. Thone:
Yes, 52 inches high.
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Mr. Lehigh: Any questions? (No.) I think we will come out Saturday and take a look
at it around 9:00 am.
Mr. Prager: Can you put markers where the property line is.
Mr. Thone: There is a fence to the side of the pool that is my property line. In the
back the only way I can tell is to look from the end of the fence to the
next property owner.
Mr. Prager: Ok, I'll be away but I'll more than likely do it during the week.
Mr. Lehigh: Ok, we are set for Saturday and we'll set a public hearing for January 28,
2003.
Mr. diPierno: Motion to declare the ZBA lead agency.
Mr. Prager: Second the motion.
V ote: All present voted aye.
........
Appeal No. 03-7154
Steer Subdivision-Lots 1 and 2
-Seeking an area variance of Section 240-20 of District Regulations in an R-40 Zoning
District. The applicant is proposing access from the rear of the property, utilizing an
adjacent paper road. The property is located on Pine Rid~e Drive and is identified as
Tax Grid No. 6256-02-767947/784956 in the Town of Wappinger.
No one showed to represent the applicant.
Mr. Prager: Regarding the agendas, what are we doing?
Mr. Lehigh: Al Roberts is drawing up a format as of today.
Mr. diPierno: Motion to adjourn.
Mr. Warren: Second the motion.
V ote: All present voted aye.
Meeting ended at 9:00 PM
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Respectfully Submitted,
13 ttv6 tll/t Q~fJ,
Barbara Roberti, Secretary