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1999-04-13*AW *saw MINUTES Town of Wappinger Zoning Board of Appeals April 13, 1999 Summarized Minutes Members Present -MEW MINUTES APPROVED APR 2 7 1999. Town Hall 20 Middlebush Road Wappingers Falls, NY Mr. Prager: Chairman Mr. Lehigh: Vice Chairman Mr. Fanuele: Member Mr. diPierno: Member Mr. Warren: Member MINUTES Others Present APPROVED Mr. Close, Consultant to the Building Dept. APR 2 7 1999 Mrs. Nguyen, Secretary to the Zoning Board of Appeals Minutes to be approved Public Hearing: Discussion: MINUTES SUMMARIZED March 23, 1999 Jose & Patrice Anjos Neaves Landscaping Inc. -- Approved -- Granted w/ a condition -- Set Site Inspection for April 15, 1999 Set Public Hearing for April 27, 1999 Rocky Mountains Enterprises, Inc. -- Rescheduled for April 27, 1999 Mr. Fanuele made a motion to approve the March 23, 1999, minutes. Mr. Lehigh seconded the motion. Vote: All present voted aye. PUBLIC HEARIN Appeal Nos. 99-7004 & 99-7005 - At the request of Jose & Patrice Anjos, who are seeking two (2) area variances of Article IV, Section 420.3 - Schedule of Dimensional Regulations; 1) Appeal No. 99-7004 - Whereas a 25 -foot side yard setback is required, the appellants are proposing 13 feet, thus requiring a 12 -foot side yard setback variance in order to construct a 456 sq. ft. addition (garage / storage area); and, 2) �.•► Appeal No. 99-7005 - Whereas a 50 -foot front yard setback is required, the appellants are showing 38 feet, thus requiring a 12 -foot front yard variance to align the addition with the existing home. The property is located at 178 Riverview Drive and is identified as Tax Grid No. 19-6256-02-627735-00 in the Town of '%r vow •.rr Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 13, 1999 Page 2 Wappinger. 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. MINUTES Mr. & Mrs. Anjos were present. APPROVED Mrs. Nguyen stated all the mailings were in order. APR 2 % 1999 Mr. Lehigh made a motion to open the public hearings. Mr. diPiemo seconded the motion. Vote: All present voted aye. Mr. Anjos explained that he wants to construct a 500 sq. ft. attached garage. He submitted a letter to the Board from his neighbor in favor of the variances. Mrs. Nguyen read the letter dated April 12, 1999, into the minutes. "We Eileen & Fausto Varrone reside at 182 Riverview Drive, Fishkill, NY 12524 and we are in favor of Appeal Nos. 99-7004 and 99-7005 (side yard and front yard variances located at 178 Riverview Drive. Sincerely, Eileen and Fausto Varrone." , Mr. Prager stated a site inspection was held on April 10, 1999. Mr. Lehigh suggested, for esthetic purposes only, the applicants could bring the garage out a couple of feet so it aligns with the porch. He stated that would tie it into the house. Mr. Anjos said that is something he will consider. Mr. Lehigh asked if Mr. Anjos has considered any shrubbery along the side of the house to help screen the garage from his neighbor. Mr. Anjos stated there is a couple of shrubs there already. He stated he would not object to putting some vegetation on the side of the property. Mr. Lehigh suggested Mr. Anjos could plant 2 to 3 foot high evergreens every 5 feet. Mr. Prager stated the Board received a letter dated March 25, 1999, from Mr. Close. Mr. Close stated in his letter that the front yard setback in 1974 was 35 feet. The bottom of the letter says, `Be advised the original plot plan submitted was rejected for the rear yard setback of 20 feet, where 50 feet is required." He noted that has been dropped. He asked if anyone on the Board or the audience wanted to speak. Hearing none; Mr. Fanuele made a motion to close the public hearings. Mr. Warren seconded the motion. Vote: All present voted aye. `ow var Mr. Lehigh made a motion for a Negative Dec. Mr. Warren seconded the motion. Vote: All present voted aye. ...r+''° Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 13, 1999 Page 3 MINUTES APPROVED APR 2 7 1999 Mr. Fanuele made a motion to grant the variances with the condition that the applicant's are to plant evergreens 2 to 3 feet high every 5 feet the distance of the addition along the side property line. Mr. Prager stated he does not feel an undesirable change will occur to the character of the neighborhood. There aren't any alternative methods to achieve the addition. The variances are substantial. It will not have adverse effects on the physical or environmental conditions of the neighborhood. Mr. diPiemo seconded the motion. ROLL CALL: Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Aye. Mr. Prager: Aye. ,y„ Vote: All present voted aye. DISCUSSION 1. Neaves Landscaping Inc. - To discuss Appeal No. 99-7006 seeking an interpretation for property located on Airport Drive in an Al Zone. Mr. Bill Neave, property owner, and Mr. Scott Valentine, tenant, were present. Mr. Neave explained that Mr. Liebermann stopped by his place of business a couple of weeks ago. Mark told him he is in violation of the Town Zoning Ordinance because he is running a retail business from his location. He disagrees with Mark's interpretation. He explained to Mr. Liebermann that Mr. Valentine is running a wholesale business, not a retail business. He stated Mr. Valentine strictly distributes from the site. UPS occasionally drops off parts. The Town itself buys from Mr. Valentine. Everything is delivered. He stated he does not want the traffic at his site. Mr. Lehigh stated he knows Mr. Neave very well. He did not know whether or not Mr. Neave would want him to sit in judgment. He was not sure it would be a conflict of interest. His son is in the same business. Mr. Neave stated the business has nothing to do with it. Mr. Close went to get Mr. Liebermann who was in a Fire Prevention Meeting. Mr. Liebermann entered the room. *4"' ""' MINUTES • APPROVED Town of Wappin er Zoning Board of Appeals Summarized Minutes - April 13, 1999 APR 2 7 1999 Page 4 Mr. Liebermann explained that he went to do an inspection and found they had sectioned off the middle - storage in the back for parts and there was a car there. When he walked in he saw a counter with sales displays out where people can walk in and purchase stuff. To him it looked like a retail business. Mr. Valentine explained the purpose for the sales displays is for salesmen who sells him products. He has to display their products. He only takes phone orders. There is a counter so he can keep his counter books. There is no over the counter sales. Mr. Prager said to him warehousing is storage; not selling. From what Mr. Valentine said it sounds like retail. Mr. Neave stated Mr. Valentine stores stuff. Mr. Prager asked if he sells anything. Mr. Valentine said no. Mr. Lehigh asked if they someone can buy something over the counter. Mr. Valentine said no. He stated he sells parts by phone. No one can come in and buy something over the counter. *, . Mr. Prager said they are still selling. Mr. Liebermann said when he went into do an inspection, it looks just like a retail store. He said there isn't anything on the door saying `wholesale only' or `not open to the public'. Mr. Valentine stated there is no sign on the door at all. Mr. Close said there is a sign on the roadway which is illegal. It was supposed to be removed two weeks ago. Mr. Prager said to him selling over the phone is selling. Mr. Neaves disagreed. He said retail is going to a store and buying something. Mr. Valentine stated he does not sell anything over the counter. People do not come to his business. Everything is done over the phone. Mr. Fanuele asked how people know what he sells. Mr. Valentine said mostly it is word of mouth. Mr. Fanuele asked if anyone ever comes into the business to see what parts are new. Mr. Valentine said no, everything is drop shipped. They call in the order and it is shipped out. Mr. Liebermann stated the Town Highway Superintendent told him that he has gone out to pick up parts. MINUTES Town of Wappinger Zoning Board of Appeals APPROVED Summarized Minutes - April 13, 1999 APR 2 7 1999 Page 5 Mr. diPierno asked if Mr. Valentine has a cash register. Mr. Valentine said no. Mr. diPierno asked if Mr. Valentine has a permit to collect taxes. Mr. Valentine said yes, he has a State permit - a Tax Id. Number. Mr. diPierno requested Mr. Valentine to have his Certificate of Authority available at the time the Board comes out for the site inspection. Mr. Prager's opinion is that warehousing is only for storage. Mr. Neave said for instance if Mr. Valentine buys a part from Chicago and UPS drops it off at his property, he stores until he ships it out. SITE INSPECTION SET FOR THURSDAY, APRIL 15, 1999, at 6:00 PM. Mr. Fanuele stated the Board is not interpreting the Zoning Ordinance. They would be interpreting whether or not Mr. Valentine's business is a retail business. He interprets the Ordinance to say no retail is permitted. Mr. Prager said from Mr. Liebermann's letter, Mark interpreted it is being changed from warehousing to retail. Mr. Liebermann said Mr. Neaves has approval for storage and an accessory office and storage for the rest of the building. Mr. Lehigh said the Law says no retail is permitted. Therefore, they are judging whether it is a retail business or wholesale distributor. Mr. diPierno said the Board is not judging the business. They are there to make judgment on Mark's assessment. The only way they can do that is by doing a site inspection. Mr. Prager suggested the legal notice should say they are interpreting the use of the property. Mr. Lehigh suggested the legal notice should say they are seeking an interpretation of his business whether or not it is in conflict with the Zoning Law. Mr. Prager said the Board should interpret Section 420.2.34 - Warehouse - that the business falls under that category and not Section 420.2.8 -Retail. He set the public hearing for April 27, 1999. 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. Mr. Prager stated Mr. Bastone faxed in a letter requesting this item to be rescheduled for April 27, 1999. He requested this item be placed on the April 27`h agenda. He said he will speak to the Town Supervisor about having Mr. Roberts, the Town Attorney, present for that meeting. �r.. MINUTES AppRo\JED '"0011 2 �ggg Town of Wappinger Zoning Board of Appeals pPR Summarized Minutes - April 13, 1999 Page 6 Mr. Lehigh made a motion to adjourn the meeting. Mr. diPiemo seconded the motion. Vote: All present voted aye. MEETING ADJOURNED AT 9:05 PM. Respectfully submitted, *ki�' yl� Mrs. Linda Nguyen, Secretary Town of Wappinger Zoning Board of Appeals