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1998-03-240 AGENDA Town of Wappinger Zoning Board MEETING DATE: March 24,1998 TIME -- 7:30 PM Approval of February 24, 1998, minutes. DISCUSSION Town Hall 20 Middlebush Road Wappingers Falls, NY 1. Mid -Hudson Castle, LTD - To discuss Appeal No. 98-7017 requesting a 25' variance to permit 14 valet parking spaces of `stacked' parking without a separate maneuvering aisle. The property is located on Route 376. 2. Jim Fogler - To discuss Appeal No. 98-7018 requesting a 9' side yard variance to permit a deck on his newly constructed home located at 455 All Angels Hill Road in the Town of Wappinger. 3. Mid -Hudson Sikh Cultural Center - To discuss Appeal No. 98-7019 requesting an area variance for a substandard lot. The property is located at 274 Ketchamtown Road in the Town of Wappinger. *MW gn MINUTES Town of Wappinger Zoning Board of Appeals March 24, 1998 Minutes Members Present Mr. Prager: Chairman Mr. diPiemo: Member Member Absent Mr. Lehigh: Member Town Hall 20 Middlebush Road Wappinger Falls, NY Mr. Fanuele: Member Mr. Warren:$ Member i' r APPROVED APR 14 1998. Others Present 'LANNING BOAR© 2 Mr. Donald Close, Zoning Administrator MING BOARD OFAPPEALS s Mrs. Nguyen, Secretary to the Zoning Board SUMMARIZED MINUTES TO BE APPROVED: February 24, 1998 DISCUSSIONS: Mid -Hudson Castle, LTD Jim Fogler Mid -Hudson Sikh Cultural Center MINUTES Mr. Fanuele made a motion to approve the February 24, 1998, minutes. Mr. diPierno seconded the motion. Vote: All present voted aye. DISCUSSIONS 1. Mid -Hudson Castle. LTD - To discuss Appeal No. 98-7017 requesting a 25' variance to permit 14 valet parking spaces of `stacked' parking without a separate maneuvering aisle. The property is located on Route 376. Mr. Bob Gray, PE, was present. 14%W Town of Wappinger Zoning Board of Appeal Summarized Minutes - March 24, 1998 Page 2 MW Mr. Gray, PE, explained the owner's tenant is proposing a catering facility. The Planning Board has requested additional parking. They proposed to stack 14 valet parking spaces. Seven of the parking spaces will have a 25 -foot maneuvering aisle, but the other 7 will not. Therefore, they are requesting a variance. Mr. Fanuele stated the plans show a detailing and restoration shop will be located in the back. He asked if that is a permitted dual use. Mr. Close said yes. Mr. Gray stated the Planning Board had sent a letter to the Zoning Board in favor of the variance. Mr. Prager asked the Board if a site inspection is necessary. The Board said no. Mr. Prager set the public hearing for April 14, 1998. Mr. Warren made a motion for the ZBA to be Lead Agency. Mr. Fanuele seconded the motion. Vote: All present voted aye. *r.• Mr. diPierno made a motion for a Negative Dec. Mr. Warren seconded the motion. Vote: All present voted aye. 2. Jim Fogler - To discuss Appeal No. 98-7018 requesting a 9' side yard variance to permit a deck on his newly constructed home located at 455 All Angels Hill Road in the Town of Wappinger. Mr. Fogler, property owner, was present. Mr. Fogler explained he built his own home. He wanted to extend the deck in the back so he called Mr. Close. He felt there was a communication mix-up because he was under the impression that the 25 feet requirement was from the foundation to the property line. The deck exceeds 16 feet, therefore, they are requesting a 9 -foot side yard variance. Mrs. Nguyen presented photos to the Board. Mr. Fogler stated he built the house in January of 1998. Mr. Prager asked if the deck was shown on the plans when they came in for a building permit. Mr. Fogler said yes. '"W Town of Wappinger Zoning Board of Appeal Summarized Minutes - March 24, 1998 Page 3 Mr. Close stated he saw the plans. He said the deck was shown on the dotted line. He remembered the dotted line and said well that is not there, so he does not have to worry about that. All he had to worry about was the house and that met the setbacks. He said when the final drawings (as -built) came in, he was surprised to see it on the plans. That is when they realized that they put the deck all the way around the side of the house. Mr. Prager asked for a copy of the plans for the next meeting. Mr. Fanuele asked if the owner would have known that 25 feet is required, would there have been any problem moving the house over. Mr. Fogler said no, it could have been moved over a little bit. Mr. diPierno asked for a floor plan of the house. He asked Mr. Fogler to bring it to the next meeting. Mr. Fanuele asked who told him initially that since the porch deck is not part of the foundation, it is not considered a permanent structure. Mr. Fogler said he spoke with Mr. Close. Mr. Close did not remember saying that. He said in the beginning the deck was not on the plans. Mr. Fogler said originally the dotted line represented where the deck was going to go. It was a lot smaller. He called Mr. Close and asked if they could expand the deck. Mr. Prager set a site inspection for March 28`h at 9:00. Mr. Fogler said he will be present for the site inspection. Mr. Warren said he will look at it on his own since he can not be present on March 28'. Mr. diPierno made a motion for the ZBA to be Lead Agency. Mr. Warren seconded the motion. Vote: All present voted aye. The Board agreed to wait on a Negative Dec. Mr. Prager set the public hearing for April 14, 1998. 3. Mid -Hudson Sikh Cultural Center - To discuss Appeal No. 98-7019 requesting an area variance for a substandard lot. The property is located at 274 Ketchamtown Road in the Town of Wappinger. Mr. Alfred Cappelli, Jr. , Architect, was present. 0': .rr Town of Wappinger Zoning Board of Appeal Summarized Minutes - March 24, 1998 Page 4 ... Mr. Cappelli, Jr. explained twenty some years ago the Jehovah's Witnesses built a house of worship on the site. The Sikh Cultural Center purchased the property for the purpose of religious prayer. They are proposing to build a small addition to the rear of the building. The sketches submitted show a vestibule, a stairwell to connect two levels, a couple of small offices and a little apartment for the priest who now lives in the basement. He already presented the drawings to the Planning Board to get their input. He said there is a requirement in the R-15 zone that houses of worship are required to have a minimum of 2 acres. The property consists of .755 of an acre. Mr. Prager read Mr. Close's letter dated March 10, 1998. `Be advised, this project is actually "non -conforming", being an undersized lot. As required by Section 440.8, which ask for a minimum of 2 acres, however, they are showing .755 of an acre. The proposal is to add 864 sq. ft. "footprint", which is less than the 50% maximum allowed for non -conforming site expansion. The site was previously approved by the Planning Board for the Jehovah's Witness Kingdom Hall. The Planning Board felt this addition would not be a problem, however, the "call" should be made by the Zoning Board of Appeals." Mr. Prager said if it is a non -conforming lot and they are under the 50%, he could not see why they would need a variance. He felt they need a variance regarding 440.8.3. "The minimum setback from an adjacent residential properties shall be twice those otherwise required in the district in which the property is located." Mr. Close said he felt because it is an addition to a non -conforming lot, they would have to come into the Zoning Board for that reason. He did not think about the setbacks. The Planning Board was looking for more parking. Mr. Prager said he knows they can expand up to 50% without a variance. He wanted to make sure they are giving the variance for the right thing. He read Section 400.5.3.1 - Non -conforming Use of a Structure, "Further a building or structure which contains a legal non -conforming use shall not be enlarged relative to the size of such use on the effective date of this Law, nor shall any external evidence of such use be increased by any means whatsoever except when authorized by Special Permit by the Planning Board a building containing a non -conforming retail or service use may be enlarged ...." He thought they would need approval for the expansion and up to 30 feet. Mr. Cappelli, Jr. thought maybe the building was built prior to the Zoning Law being adopted or modified. He felt it was built after 1963. Mr. Prager asked Mr. Cappelli to find out when the building was built. Mr. Cappelli, Jr. said he will amend his application to request two variances. Mr. Prager was not sure they could give a variance on the expansion because the Ordinance talks about increasing the use by any means except when authorized by Special Permit by the Planning Board. He said the Planning Board would be the ones to grant permission for the expansion. Mr. Close said yes, but they came to the Zoning Board first and then they will go back to the Planning Board to get a Special Use Permit. Con *40W Town of Wappinger Zoning Board of Appeal Summarized Minutes - March 24, 1998 Page 5 Mr. Prager said the ZBA can not grant a variance on something that the Planning Board is going to give a Special Use Permit on. Mr. Close said the Planning Board sent them to the ZBA. Mr. Prager asked Mr. Close to check with the Town Attorney regarding Section 440.8.3. Mr. Cappelli, Jr. said a 15 -foot setback is required on the side. The Ordinance says it has to be twice that for religious facilities adjacent to a residential neighborhood. Therefore, they need 30 feet. They are showing 25 feet. Prior to the proposed addition they had enough. Mr. Prager asked where the front of the building would be located. He said he figures the front would be the entrance to the church. Mr. Close felt the front would be the part facing the road. Mr. Prager agreed. Mr. Fanuele asked about the living quarters. Also, he wanted to make sure it will be properly landscaped since they plan to increase the parking lot. Mr. Cappelli Jr. said they plan to shield the parking with additional landscaping. Currently there is a road that comes down to the back of the building for a service entrance. They plan to loop it up around in front of Ketchamtown Road. That will eliminate the dead end and it will help to move the circulation of the parking. Mr. Prager asked how long has someone been living in the church. He wanted to know who gave them permission to do that. Mr. Close said in 1995 that was one of the first jobs he had to inspect. The Building Inspector was with him. He said they were living in there at that time. Mr. Keller made them correct the window sizes. Mr. Prager asked Mr. Close to look into when it was approved. Mr. Cappelli, Jr. said presently there is an elderly gentleman living in the apartment. Mr. Close said in 1995 there was a gentleman, a woman and a child living there. Mr. Prager asked Mr. Close to check with Mr. Roberts about what variance is required, if the accessory apartment is an approved use and if so when was it approved, and how old is the building. Mr. Cappelli, Jr. said if it was not approved, that may be part of the approval process with either the ZBA or the Planning Board. In .,rr' Town of Wappinger Zoning Board of Appeal Summarized Minutes - March 24, 1998 Page 6 V4 Mr. Prager said that is something else that Mr. Close should ask Mr. Roberts about. He suggested placing this item on the next agenda for another discussion rather than a public hearing. Mr. Cappelli, Jr. agreed. Mr. diPierno made a motion to adjourn. Mr. Fanuele seconded the motion. Vote: All present voted aye. MEETING ADJOURNED AT 8:30 PM. Respectfully submitted, Linda Nguyen, Secretary Zoning Board of Appeals Town of Wappinger En