Loading...
2000-08-22 MINUTES APPROVED SEP 12 2000 Zoning Board of Appeals Summarized Minutes August 22,2000 page 1 '-" MINUTES Town of Wappinger Zoning Board of Appeals MEETING DATE: August 22,2000 TIME: 7:30 p.m. Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Lehigh, Chairman Mr. diPierno, Member Mr. Fanuele, Vice Chairman Mr. Warren, Member Mr. Prager, Member Others Present: Ms. Lukianoff, Zoning Administrator Mr. Roberts, Attorney to Town SUMMARIZED Ms. DiPaola, Secretary to Zoning Mr. Wery, Planner to Town Public Hearing: Albert Berberich Craig Sinn - Withdrew Application - Variance Granted Luigi Benigni Cellular One - Site Inspection 8/26/00 - Discussion 9/12/00 Discussions: "-" Mr. Fanuele: Made a motion to approve the August 8,2000 minutes. Mr. Prager: Second the motion. V ote: All present voted aye. PUBLIC HEARINGS Appeal No. 00-7060 - At the request of Craie Sinn, who is seeking an area variance of Section 240-37 District Regulations - Whereas 30 foot rear yard setback is required, the appellant is proposing a 25 foot rear yard setback, thus requestine 5 foot rear yard setback in order to construct an open wood deck. The property is located at 13 Kendell Drive and is identified as Tax Grid No. 6257-03-346459 in the Town of Wappinger. Craig Sinn is present for the meeting. Mr. Warren: Made a motion to open the public hearing. Mr. Prager: Second the motion. V ote: All present voted aye. Mr. Sinn: As we talked two weeks ago we were waiting to get conformation of the setbacks. I went to the county clerks office to see the setbacks of the subdivision map. I did find that the setbacks are 30 feet. At this time I would like to request a site visit for you to come and look at my property. .~ "" MINUTES APPROVED SEP 12 2000 Zoning Board of Appeals Summarized Minutes August 22,2000 page 2 Mr. Lehigh: Weare going to waive that since you had some problems with the setbacks. Mr. Sinn did bring us the proof of the setbacks so I would like to add that into the record. Is there anyone in the public who would like to speak for or against this variance? No one spoke for or against this variance. That is an L shape deck? Mr. Prager: Mr. Sinn: Mr. Prager: Mr. Sinn: Mr. Prager: Mr. diPierno: Vote: Mr. Fanuele: Mr. Sinn: ........ Mr. Prager: Mr. diPierno: Vote: Yes. You bought the house in September 1999? Yes. Made a motion for a negative declaration. Second the motion. All present voted aye. Did you get a building permit to put up the deck? Yes, I was denied, which is why I am here. Made a motion to close the public hearing. Second the motion. All present voted aye. Mr. Fanuele: Made a motion to grant the variance. Mr. diPierno: Second the motion. Roll Call: Mr. Prager, aye Mr. Warren, aye Mr. Fanuele, aye Mr. Lehigh, aye Mr. diPierno, aye Appeal No. 99-7043 - At the request of Albert Berberich, seeking an interpretation of Section 240-16 - Rules and Reeulations to determine whether a mobile home park is non conformine or not. The property is located at 79 Widmer Road and is identified as Tax Grid No. 6158-02-915594 in the Town of Wappinger. Albert Berberich the applicant and Lou Vigolitti the applicant's attorney were present for the meeting. Mr. Warren: Made a motion to open the public hearing. Mr. Prager: Second the motion. V ote: All present voted aye. '-' Mr. Vigolitti: At this time Mr. Berberich would like to withdraw his application for an interpretation. Mr. Lehigh: Ok. MINUTES J.\PPROVtD Zoning Board of Appeals Summarized Minutes August 22,2000 page 3 SEP 12 2000 ........ Mr. Prager: We accept the wishes of the applicant. Mr. Prager: Made a motion to close the public hearing. Mr. diPiemo: Second the motion. V ote: All present voted aye. Mr. Roberts: There was no action taken, because the application has been withdrawn. DISCUSSIONS 1. Luiei Beni~ni - Seeking an area variance to have existing shed remain where it is. The property is located at 9 Onondaga Drive in the Town of Wappinger. Luigi Benigni is present for the meeting. ~ Mr. Benigni: I bought the house in 1978. Mr. Prager: Do you have clearer pictures of the shed? Mr. Benigni: Yes. Mr. Lehigh: This is a temporary shed? There is no foundation? Mr. Benigni: No. Mr. Lehigh: It can be moved you are just asking for it not to be moved? Mr. Benigni: Yes. Mr. Lehigh: Is the fence yours? Mr. Benigni: Yes. Mr. Prager: What is the size of the shed? Ms. Lukianoff: 12x12. Mr. Roberts: Did the Town require building permits for shed back in 1978? Ms. Lukianoff: It had setbacks for the shed back then. As far as building permits no, but they do now. Mr. Roberts: It's been there since 1978. Ms. Lukianoff: In 1977 the setback was 5 feet. Even though it is 5 foot, he still requires a variance. '-'" Mr. Prager: How did you end up here? Mr. Benigni: I would like to sell the house in a couple of years. '-' MINUTES APPROVED Zoning Board of Appeals Summarized Minutes August 22,2000 page 4 SEP 12 2000 Mr. Lehigh: Weare going to come out and look at the shed. You are asking for quite a bit for a variance. SITE INSPECTION August 26,2000 at 9:30 a.m. 2. Cellular One - Seeking 3 area variance to construct a cell tower and have greater security for the property. The property is located at 20 Middlebush Road in the Town of Wappinger Chris Fisher the applicant's attorney is present for the meeting. You should have received our applications. One is an appeal of the Zoning Enforcement Officers determination that 1500 foot and 750 foot setbacks are requirements of the local law. The other one to be able to put upon 8 foot fence for greater security. This is on Town property, and we have a lease agreement with the Town. The Town Board reviewed proposal and adopted a negative declaration and resolutions approving on these. We are here tonight to answer your questions. We know that there is some additional information to get to you. We would like to have this board schedule a public hearing some time in September. Mr. Lehigh: We would like to determine what questions the board might have. Then we will go to our legal experts and see if we can mediate the situation. We do not want to grant any variances that you do not have to grant. If you can move that tower or anything else other than grant the variances. Mr. Fisher: '-' Mr. Fisher: ~ That is what we will do. I will prepare to submit some information. Assuming that 1500 foot and 750 foot are setbacks, on this property there is a large area of State Wetlands. Any area that is on this property that will not be disturbed by the Wetland is at the rear of the property. The location of the tower was chosen not just in consultation with the Town Board, but also with the Planning Board recommending it. If we move the tower further back on the property you are getting closer to one and further from the other. This is the location that we believe that maximizes the distances to the dwellings. We will get you the rest of the information that is needed by this Board. How come the Randolph School is not located on the map that is provided? If you look at the site map and the tax map we believe that it is off of it. I don't think there is any concern for it. It is 1500 feet away. Do you do 50% of your business in the Town of Wappinger as opposed to Highland? In terms of combined services, we have known for a while that the Town of Wappinger needed a cell tower. The closest ones are Fishkill, Poughkeepsie, and also Highland. The primary area to be covered is Wappinger. Mr. Lehigh: I didn't see it in the record or the Ordinance. You did answer my question. The electromagnetic field, is there any documentation on it? We can get some additional information on some of the other facilities. We did submit a site analysis to the Planning Board verifying that we comply with the FCC standards. That information was reviewed by the municipality and verified. I would like to know how it came up or was it pulled out of the air? It could be one of two things. It was pulled out of the air or it was a disguise for trying to regulate the admissions from certain areas. This site does comply. Do you know why? We lifted some of the information from other municipalities. I think this came from Massachusetts. Mr. Prager: Who is the municipal consultant? Mr. Fisher: Flack, and Kurtz is the firm and a gentleman by the name of Mr. Flowers. Mr. Roberts: The applicant also provided their own consultant at the Planning Board. Mr. Lehigh: The pictures that you took, I would like to see the pictures not the copies of it. Mr. Roberts: Can you have your site engineer identify where the two closest homes are? Mr. Fisher: We have a drawing of it, and we will provide it to you. We have an outline of single family dwelling, we are trying to maximize the distance from any dwellings. Mr. Lehigh: I would like to have another discussion and have all the information before we set a public hearing. We will provide all the information to you. Has the Planning Board approved the site plan? .'-" Mr. diPierno: Mr. Fisher: Mr. Lehigh: Mr. Fisher: Mr. Prager: Mr. Fisher: Mr. Prager: "-" Mr. Fisher: Mr. Prager: Mr. Robert: Mr. Fisher: "-" Mr. Lehigh: MINUTES APPROVED Zoning Board of Appeals Summarized Minutes August 22,2000 page 5 SEP 12 2000 '-- Mr. Roberts: Mr. Lehigh: Mr. Roberts: Mr. Lehigh: Mr. Roberts: Mr. Fisher: Mr. Lehigh: MINUTES APPROVED SEP 12 2000 Zoning Board of Appeal Summarized Minutes August 22,2000 page 6 No, they have not. They are waiting the outcome of this board. We can not do anything until the Planning Board approves the EAF first. I believe that the Planning Board recommended that the variance be granted and the Town Board recommended that the variances be denied. Usually we don't grant a variance until the Planning Board has passed the EAF. I do not believe that this is a type 1 action, it can be handle separately. If you look at the lease in paragraph 19, it says that the Town Board supports any application including variances. (He read the paragraph out loud to all) They might support you legally but there is a letter from the Town Board. If you would like I will give you a copy of it. I would like to go out and look at the site. SITE INSPECTION August 26,2000 at 10:00 a.m. '-- Mr. Lehigh: I would like to open it up to the public at this time, but keep in mind this is not a public hearing. 30 Middlebush Road: I would like to see the map of the coverage of the tower. I would like to see how much coverage is going to be in the Town of Wappinger. I don't understand why this has to be put here right by the schools, I think it should be put somewhere else. Those issues have nothing to do with this board. Like you said, that has to do with the Planning Board. The Planning Board has those records that is public information. There are transmitters all over by the school, there is one on the school, on the water tower. This will not make much difference. Mr. Fanuele: Can that map be available? Mr. Fisher: Yes, we will get that map to you for the Zoning Board. Tom Stenson: There are so many other places to put the tower. You can put the cell tower on top of the water tower. The schools that exists is 1500 feet away. If you look at the FCC for establishing cell towers, it talks about maximum municipal exposure. From what I read in the file, Cell One is talking about have 3 tenants on the tower. Bill Henry Mr. Lehigh: Mr. Fisher: .~ MINUTES APPROVED SEP 12 2000 Zoning Board of Appeals Summarized Minutes August 22,2000 page 7 ........... Mr. Fisher: We do not need to do anymore analysis, whether or not we comply with the FCC standard. The admissions are so low, that the FCC says, it is not an issue. Mr. Stenson: Who is going to control the towers? Steve 37 Middlebush Road I am not too familiar with the way these things work. I know that there is an ordinance to keep the way oflife. I know that there isn't a person in here who would want a cell tower in their back yard. Mr. Lehigh: All these statements that are being said, really do not have anything to do with this board. What this Board does, is vary the law. We are sitting here as ajudge, but we do not judge everything. If you have something that has to do with this variance we will sit here and listen to it. Other than that we have nothing else to do with this. Steve: Is property value an issue? Mr. Lehigh: Yes, it is. Steve: I would like to know how the tower would effect the property value of the surrounding homes? '- Robert Miller Middlebush: I was in touch with the DEC and they are the people who determine the limits of the wetlands. It changes year after year. Nobody ever got in touch with the DEe. How do you know where the wetlands end. Mr. Roberts: The wetlands were flagged when the building is being built. It is shown on the map of the boundaries. To my knowledge they do not come out after the site plan has been approved. Robert Valdati Route 9D When myself and my colleagues voted to pass this law, it was the purpose of the Town to have some control. We did adequate research to see what was consensus in neighboring towns and other communities, where they felt the quality of life, for the protection of property value. We would have setbacks placed in there to govern the position of towers. There is other property that is available. We purchased the Greystone parcel. There are acres and acres of land that there are no dwellings nearby. r don't think that it has been demonstrated at that site. r would like to see Greystone as an alternate site, which can satisfy the requirements of the Zoning Law. We put that law for a purpose. Mr. Lehigh: Some of the information that r have read it stated it has to be within 3 quarters of a mile of one .... specific location, or it doesn't fit into their plans. MINUTES APPROVED Zoning Board of Appeals Summarized Minutes August 22,2000 page 8 SEP 12 2000 '-" Mr. Fisher: These are all Planning Board issues. As far as this board is concerned we are not asking for a use variance we are talking about dimensional variances on this lot. Mr. Stenson: My understanding was, before they came in here they were to look at several other sites. looked at the file for an hour and could not find documentation of the alternative sites. The only site I know of is from the mouth of the applicant. I would like to know the other sites and who looked at them? Mr. Lehigh: I would like to know too, but it is not up to us. Mr. Fanuele: The questions that were asked, I think you should answer instead of saying that isn't part of this board. You just expanded our vision of this area. Mr. Brennan: We have answered all the questions. There are questions from the board. We have not kept anything from the public. You ask us for information, we will give it to you. Mr. Fanuele: If I have to answer a variance that is large I am going to need more information. This is not like a deck or pool setback. ........ Mr. Fisher: The fact that people are opposed to this and people have a perception about it, I am not going to be able to comment. That doesn't change the legal standard of it. Mr. Miller: Didn't you say in the beginning that you will not grant the variance and you want them to move it to an alternative site? Mr. Lehigh: No, I did not. I know that there is more to be considered and more to be looked at. We are doing the best we can. Jerry Webb Pleasant Lane: I thought the reason for them to get a variance they have to have a reasonable reason? Mr. Lehigh: You will have to read all the material that has been handed in. We asked for more pictures, the FCC standards and we are also going to talk to the gentleman who drew up the ordinance. Mr. Valdati: I would like the thank the board for using their professional attitude tonight. I know that this IS not a public hearing and you didn't have to let us talk. I would like to say thank you. Mary Zimmermann Roberts Road: I never heard of a cell phone company being on the same level as a telephone company. Are they considered a public utility? Mr. Lehigh: Yes, they are. ........ MINUTES APPROVED SEP 12 2000 ........ Mr. Fanuele: Made a motion to go into executive session. Mr. diPiemo: Second the motion. V ote: All present voted aye. Gone into executive session at 8:50 p.m. For some legal advice. Mr. Warren: Made a motion to come out of executive session. Mr. Prager: Second the motion. V ote: All present voted aye. Came out of executive session at 9:30 p.m. Mr. Prager: Made a motion to adjourn the meeting. Mr. diPiemo: Second the motion. Vote: All present voted aye. ~ MEETING ENDED 9:30 p.m. "-' Zoning Board of Appeals Summarized Minutes August 22,2000 page 9 Respectfully Submitted, CJl;Ll~/Y\t'A.-D I PUC'~" Christina DiPaola, Secretary Zoning Board of Appeals