1998-05-12`8W
AGENDA
Town of Wappinger Zoning Board
MEETING DATE: May 12, 1998
TIME -- 7:30 PM
Approval of April 14 & 28, 1998, minutes
DISCUSSION
Town Hall
20 Middlebush Road
Wappingers Falls, NY
1. Frank Diorio (Contract Vendee) - To discuss Appeal No. 98-7022 regarding side yard
requirements for property located at 703 Route 9D in the Town of Wappinger.
2. Airport Assisted Living Facility (Azzv Reckess. Pres.). To discuss Appeal No. 98-7019 -
Item No. 2 regarding a 2 -Foot Building Height Variance for a tower. The variance is
requested for the conversion of the existing Airport Inn Motel into an Assisted Living
Facility for property located at 1915 Route 376 in the Town of Wappinger.
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MINUTES
Town of Wappinger Zoning Board of Appeals
May 12, 1998
Minutes
Members Present
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Mr. Prager: Chairman Mr. Lehigh: Member
Mr. Fanuele: Member Mr. diPierno: Member
Mr. Warren: Member
Others Present
Mr. Donald Close, Zoning Administrator
Mrs. Nguyen, Secretary to the Zoning Board
PI A
MINUTES TO BE APPROVED
DISCUSSIONS:
SUMMARIZED
J
April 14 & 28, 1998
- __.,.... _...,..,. , ...: ate...
APPROVED '
MAY 2 4 1998,
ZONING
Frank Diorio (Contract Vendee)
Airport Assisted Living Facility
MINUTES
Mr. Fanuele made a motion to accept the April 14' minutes.
Mr. diPierno seconded the motion.
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Vote: All present voted aye except Mr. Lehigh since he was not present for that meeting.
Mr. Warren made a motion to accept the April 28`' minutes.
Mr. Fanuele seconded the motion.
Vote: All present voted aye except Mr. Prager and Mr. Lehigh since they were not present for
that meeting.
DISCUSSION
1. Frank Diorio (Contract Vendee) - To discuss Appeal No. 98-7022 regarding side yard
requirements for property located at 703 Route 9D in the Town of Wappinger.
Mr. Diorio was present.
Town of Wappinger Zoning Board of Appeals
Summarized Minutes - May 12,1998
Page 2
Mr. Diorio explained he is the contract vendee. He is proposing to construct a home on property
previously zoned R-20. It is currently R-40/80. The lot is 100 feet wide. It is the same as 5
other lots. They are proposing the house to be off the left line 22 feet and off the right line 32
feet. The plan was approved in 1961 and revised in 1987. He stated he has a binder on the
property.
Mr. Prager asked when the property was purchased by Mr. Slater. He asked for that information
by the next meeting.
Mr. Fanuele questioned the length of the driveway will be.
Mr. Diorio stated it will be 205+ feet long.
Mr. Lehigh asked what the proposed grade of the driveway.
Mr. Diorio said under 10%.
Mr. Prager said Mr. Diorio's application stated he is requesting a side yard variance. He asked if
he would need a variance for each side. He questioned if a lot width variance would also be
required.
Mr. Close stated the lot was subdivided back when it was zoned R-20.
Mr. Lehigh stated Mr. Close was judging the whole lot as R-20, not R-40/80.
Mr. Close stated if they go by an R-40 zone, he would need a 25 -foot side yard. Mr. Diorio is
proposing 22. He would need a 3 -foot side yard variance.
Mr. Prager stated they would need 125 feet lot width in an R-40 zone. Mr. Diorio is showing
100 feet. He would need a variance for that too.
Mr. Close asked if the Board could look at it as an R-20 lot.
Mr. diPierno said yes, if it was subdivided prior to R-40.
Mr. Lehigh asked for a letter stating it was subdivided prior to R-40.
Mr. Fanuele stated the map does mention a note. Note No. 5 says, "Prior (same configuration)
deed liber 1069 page 228 dated Nov. 13, 1961." According to that it is a non -conforming lot.
He stated it is in an R-40/80 zone presently. The Board could grant them the variance.
Mr. Prager agreed. He stated, in that case, Mr. Diorio will need 2 variances. One for a 3 -foot
side yard variance and the second would be for a 25 -foot lot width. Mr. Prager stated a site
inspection is not necessary.
Mr. diPierno made a motion that the ZBA be Lead Agency.
Mr. Warren seconded the motion.
' Town of Wappinger Zoning Board of Appeals
Summarized Minutes - May 12,1998
Vote: All present voted aye. Page 3
Mr. diPierno made a motion for a Neg. Dec.
Mr. Warren seconded the motion.
Vote: All present voted aye.
Mr. Prager set the public hearing for May 26, 1998.
2. Airport Assisted Living Facility (Azzy Reckess Pres.). To discuss Appeal No. 98-7019 -
Item No. 2 regarding a 2 -Foot Building Height Variance for a tower. The variance is
requested for the conversion of the existing Airport Inn Motel into an Assisted Living
Facility for property located at 1915 Route 376 in the Town of Wappinger.
Mr. Reckess, property owner, the Town of Wappinger Fire Prevention Bureau, and Mr. Morgan,
the Town Building Inspector, were present.
Mr. Liebermann, Fire Inspector, stated Mr. Close told him the ZBA would like some input from
the FPB regarding the tower. He stated they never saw it until this night since it is not indicated
on the site plan. He was concerned about the height of the tower. He proceeded to ask Mr.
Reckess questions regarding fire protection.
Mr. Reckess stated the tower will have a sprinkler system and a fire alarm system. They will use
*AW water from a holding tank located in the rear of the building. He stated there is an existing
swimming pool that will be used for water. It will be covered.
Mr. Prager asked if the Fire Prevention Bureau has a problem with the height of the tower.
Mr. Liebermann said he does not have a problem with it as long as they provide a sprinkler
system.
Mr. Kiel Pottenburgh asked if they are proposing a window or a shutter in the front of the tower.
He questioned if the airport would have a problem with the height of the tower.
Mr. Reckess stated they are proposing a window in front of the tower. Regarding the airport, he
met with Ed Rose from the airport. Mr. Rose submitted the plans to the FAA. They are aware of
it. They are not in the line of the airplanes at all.
Mr. Pottenburgh asked in the top part of the roof area of the steeple, will there be any electrical
services other than a possible smoke detection system.
Mr. Reckess said there may be a hanging light.
Mr. Pottenburgh wanted to make sure the tower will be an unoccupied space with a window on
the front. It will have a 2 hour fire rated separation. He wanted to make sure that they do not use
the tower as a storage area.
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Town of Wappinger Zoning Board of Appeals
Summarized Minutes - May 12, 1998
Page 4
Mr. Prager said that can be a stipulation of the variance. Mr. Prager questioned the building
height.
Mr. Reckess stated to the tip of the tower is 39 feet. However, they do not measure to the tip.
Mr. Close added they measure it halfway up the rafter.
Mr. Prager left the meeting to discuss the building height with the FPB. When he returned he
stated they have no problem with that.
Mr. diPierno made a motion to grant the variance with two stipulations. They are to install
a sprinkler system and the tower is to remain unoccupied at all times. The property will not
be detrimental to nearby properties. The change will not be undesirable. There could be other
alternatives to the plan, but it is architecturally feasible. The variance is not substantial. The
variance will not have an adverse effect or impact on the physical or environmental district. The
difficulty is self-created, but in view of the other circumstances he did not view that as a
detriment.
Mr. Fanuele seconded the motion.
ROLL CALL: Mr. Warren: Aye. Mr. diPierno: Aye.
Mr. Fanuele: Aye. Mr. Prager: Aye.
Mr. Lehigh: Abstained.
Vote: All present voted aye except Mr. Lehigh since he was not present for the workshop.
MISCELLANEOUS
• Mr. Fanuele requested the Secretary to send Mr. Fogler's report to the Town Board and the
Planning Board with a note explaining it came from a gentleman that decided to take on
being the contractor for the construction of a new home. It was a condition of his variance.
• Mr. Fanuele made a motion for Mr. Lehigh to be Vice Chairman.
Mr. diPierno seconded the motion.
Vote: All present voted aye.
Mr. Lehigh made a motion to adjourn the meeting.
Mr. diPierno seconded the motion.
MEETING ADJOURNED AT 8:10 PM.
Respectfully submitted,
fnda Nguyen,ecre ry
Town of Wappinger Zoning Board of Appeals