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1999-04-27V"' MINUTES APPROVED Town of Wappinger Zoning Board of Appeals April 27, 1999 Summarized Minutes Members Present Mr. Lehigh: Vice Chairman Mr. diPierno: Member Members Absent Mr. Prager: Chairman Others Present MINUTES Mr. Fanuele Mr. Warren: MAY 111999 Town Hall 20 Middlebush Road Wappingers Falls, NY Mr. Liebermann, Acting Zoning Administrator Mrs. Nguyen, Secretary to the Zoning Board of Appeals SUMMARIZED Minutes to be approved: April 13, 1999 -- Accepted Member Member Public Hearing: Neaves Landscaping Inc. -- Reversed Acting Zoning Administrator's Determination Discussion: Richard Pesther -- Set Public Hearing for April 27, 1999 Rocky Mountains Enterprises, Inc. -- Applicant withdrew MINUTES Mr. Warren made a motion to accept the April 13, 1999, minutes. Mr. Fanuele seconded the motion. Vote: All present voted aye. PUBLIC HEARING Appeal No. 99-7006 - At the request of Neaves Landscaping Inc., who is seeking an Interpretation of Article IV, Section 420.2.34 - Warehouse and Storage - To determine whether or not a tenant, Dutchess County Truck & Fleet Supply Inc., is conducting a permitted warehouse business consistent with site plan approval given to Neaves Landscaping Inc. by Planning Board resolution dated August 3, 1998. The property is located in an Airport Industry Zoning District at 269 Airport Drive and is identified as Tax Grid No. 19-6259-04- 679493-00 in the Town of Wappinger. The Acting Zoning Administrator has determined Dutchess County • ,,�,, MINUTES APPROVED Town of Wappinger Zoning Board o7Appeals Summarized Minutes - April 27, 1999 Page 2 Truck & Fleet Supply Inc. is conducting a retail business which is not authorized in the Airport Industry Zoning District. Please be further advised that the Zoning Board has not made a determination of significance pursuant to the State Environmental Quality Review Act and hereby reserves its right to make such determination after the conclusion of the public hearing. Mr. Neave was present. Mr. diPierno made a motion to open the public hearing. Mr. Fanuele seconded the motion. Vote: All present voted aye. Mrs. Nguyen stated all the mailings were in order. Mr. Lehigh stated the Board had asked for Truck & Fleet Supply Inc. certificate showing if they collected sales tax. Mr. diPierno stated the Board did not ask for Truck & Fleet Supply Inc. to provide the certificate of authority. The Board asked him if they have one. Mr. Neave stated he was asked to supply a quarterly report. He stated he buys from wholesale every day and he pays tax. Mr. diPierno stated when Truck & Fleet Supply Inc. asked permission to do business in NYS, he completed a form. If the owner checked off retail, then he has to apply for a certificate of authority. If he did not check off retail, then he is running a wholesale business and he does not need a certificate of authority. Mr. Neave stated Mrs. Nguyen asked for a quarterly report. Mr. Lehigh said yes. Mr. diPierno said based upon what he saw at the site inspection he did not feel they are maintaining a retail business. Mr. Fanuele said he might do some retail, but not enough to classify it as a retail business. Mr. diPierno agreed with Mr. Fanuele. He said the substantial part of his business is not retail. Mrs. Nguyen left due to an emergency at home. Mr. Fanuele made a motion for a Neg. Dec. Mr. diPierno seconded the motion. *..- Vote: All present voted aye. Mr. Fanuele made a motion to close the public hearing. MINUTES APPRO EO Town of Wappinger Zoning Board of Appeals MAY ,�� Summarized Minutes - April 27, 1999 Page 3 Mr. diPierno seconded the motion. Vote: All present voted aye. Mr. diPierno made a motion to reverse the decision of the Acting Zoning Administrator in view of the Board's site inspection. He stated he is not conducting a retail business. Mr. Warren seconded the motion. Vote: All present voted aye. DISCUSSIONS 1. Richard Pesther - To discuss Appeal No. 99-7008 seeking a 15 -foot side yard setback variance to construct a 2 car garage on property located at 61 Carroll Drive in the Town of Wappinger. Mr. Mark Paolillo (General Contractor) was present. Mr. Paolillo stated his customer, Mr. Pesther, needs a 2 car garage. He presently has a 1 car garage under his raised ranch house. It is not being used as a garage since he uses it for a workshop. Mr. Pesther has 3 vehicles. ,%. Mr. Lehigh asked how close the proposed garages will be to the neighbor's house. Mr. Paolillo stated they are proposing 5 feet from the property line. He said there is actually 5 '/2 feet, but he stated 5 feet on his application. Mr. Lehigh asked if there is any other way to construct the garage. Mr. Paolillo stated the owner told him an attached garage would not work for him because he has a vary small driveway. He is also concerned about other vehicles being parked in his driveway. Mr. Paolillo felt they would lose footage, not gaining footage by attaching the two cars garage because the property line comes closer to his driveway as you pull forward towards the road. Mr. Fanuele said the size of the variance would be approximately the same whether they attach the garage or not. Mr. Lehigh stated the applicant is seeking a substantial variance. Mr. Joseph Dell stated he is an abutting neighbor and he has no problem with the 2 car garage next to his property. Mr. Lehigh asked if they could reduce the size of the 2 car garage. Mr. Paolillo stated he spoke to his client about that. He has three vehicles and he is hoping to put two in the garage. MIN • '`inr APPROVED MAY 111999 Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 27, 1999 Page 4 Mr. Lehigh set the site inspection for May 8, 1999. He asked Mr. Paolillo to stakeout the proposed garage. He suggested the Board should wait on a Neg. Dec. He set the public hearing for May 11, 1999. Mr. diPierno made a motion for the ZBA to be Lead Agency. Mr. Warren seconded the motion. Vote: All present voted aye. 2. Rocky Mountain Enterprises - To discuss Appeal No. 99-7007 seeking a front yard setback variance for property located on Losee Road in the Town of Wappinger. Rocky Mountain Enterprises faxed in a letter dated April 27, 1999, withdrawing their application. Mr. diPierno made a motion to adjourn the meeting. Mr. Fanuele seconded the motion. Vote: All present voted aye. MEETING ADJOURNED AT 7:51 PM. r.. Respectfully submitted, Linda Nguyen, Secretary Town of Wappinger Zoning Board of Appeals On