1996-05-280
Town of Wappinger Zoning Board of Appeals
`4ay 28, 1996
,,`,,,genda - 7:30 P.M.
Approval of January 23, 1996 minutes.
PUBLIC HEARING
u
Town Hall
20 Middlebush Road
Wappinger Falls; N.Y.
Ant)eal #1217 - At the request of Pie Shaped Development Corp. who is
seeking (3) three area variances of Article IV, Section 420.4:
1. Whereas they are required to maintain 10 acres and they are showing
3.669, thus requiring a 6.331 acre variance;
2. Whereas they are required to maintain 300 foot frontage and they are
showing 284.52, thus requiring a 15.48 foot frontage variance;
3. Whereas they are required to maintain a 50 foot side yard and they are
showing 10 feet, thus requiring a 40 foot side yard variance;
to construct and operate a restaurant on property located at 1261 Route 9
and is identified as Tax Grids X19-6158-04-623038-00 &
19-6158-04-665003-00 in the Town of Wappinger.
DISCUSSIONS
'wR. Maruaret Mora & Ihsan Khouri - To discuss Appeal #1218 requesting to
legalize an existing 3 family residence in a 2 family zone for
property located at 111 Rosewood Drive in the Town of Wappinger.
2. Gina Giaculli - To discuss Appeal #1219 requesting to permit an
accessory use to allow an existing trailer to remain on property
located at 1887 Route 9 in the Town of Wappinger.
3. Gina Giaculli - To discuss Appeal #1220 requesting a variance for a
front yard setback on property located at 1887 Route 9 in the Town of
Wappinger.
- i !'Ou�- } fivi?e-aIC T': Yv-- H ,
-A ✓ _
�§c3.ii=i ._t3,
""low ,
_ii
.4l'ie2ii'yh: `Jlce i nalr?+'id?':
Mr d i P ierl'tO: Mt'_?l?ii er
tiCiMember
�r�-��eliL
-. 1- ,- -, i-
_., A d.Ill _'._ i 1 i_ C-
a
�_7 r
er.:. Secl-etary to tl
, r Fi'a ter: I call the Town of Wdppiliger Zoliiiig Ecard of Appeal to
R ,11 ^all p:tease.
-
LL:
Mr,
Warren:
Here. Mr. diPierno:
Here.
-
Mr.
Fanuele :
Here_.. Mr. Lehigh :
HP..r e
Mr.
Forager:
Here_
Eleasr
excuse the
little room that we have
2:pr^ btt
,-:
'.ely
we have d number-
of meetings because yesterday cam;
a� are
ging
t^ try to get everything dobe a; qu Lc'
'.-
Otit Of
2iE rE _ T21E
f lr fit item of businPss is
t'_ie .I=;p1 :Ja _
�•_. _ �
�. <= r. , i t : ,- J
c� '� � �i n
�i iii i Ii 11 t e ;� ,
- : i w mah? that mot 1. n
Mr it-dg� 1 for that meetllig Mr. Fanuele ti
was dbent: .
_.. i a-itt'rle : T withdraw my second.
T w'.l SeCOiid that .
=1? ayes
t ght � agenda 1 s the ptibi i s hea
Th E next item Oil Oli.i -
17 T,mI
- ,.,ij_ the re gt_ieSt of Pie 52ialJed. DeyelC�� ?it C �, u. w2i --,
('1Jthree area variances of Article TV, Section 420 .4:
y,ls_. =FzS t2iev are required to maintain iv 3^1'E�S aria they' are :�2i(�wlii
=; t2ius regti;_ra ng a 6 "1 acre variance;
;n -.,- _ inn foot f!-t%Iitae d?id rl,,v
t e_eaS t21ey dry required. to iiiailita]_ii _ vv fi
_, L,o4 F t,iitS requlrllig a 15.48 fOOt f17 mage variance;
.'^llo in 1.1 - ,
w'-ereas
they 'ar are r eq'tiir ed. t0 maintain a 50 f o o t -= ide yard and they c.?-.
2 Owil:u 10 feet; thus requiring a 40 foot side yard variance;
trL ct and ciperate a restaurant on property located at 12 ;1. F`'-
411 ,,V id-I'_t- red as Tax Grid: 19-6158-04-6'23038-00
d _
n l �T^-n0 iii the TO'vTn of Wappinger. Linda; O GiE 2iaVe pT' -_
ilt_�t.�.__.
it
W ap�
MinuteF
l,r P7 age, a motion to ope2 the public hearing?
Second
Z r l l
day ^ . ,
^rq��
Pace 2
= a''i TiiLL7i T Ldlil Start. 14y name IS Jennlfer Vd21 TY1`_Ji a;7d T :ani it
r - .�-tir,: Cutback. This is Cindy Greer who represents the corner lie
r,_."• e..ty, Pie Shaped 'Development Corp. This is Larry Pagai who is 1 -.
+l * T think what we would like to do with the
Cr r r r �e proj ec L.
have e�'.plaili t(1 yO' thF
s to start of and }
:e proposal by reference to the site plat: and describe the exact
} the
L11.. variances we -Ire requesting and the reasons for the ti'tE-,- .
__.. t=i_ .pie ori_
1 take it from there and respond to any questions that yo,,' •%i
might have.
l- my seat. The preopc; .a`
P. -,a T_f you don t �,ind, I will spear, from I
y i -, front of you is to construct ro'_Ighly a 6000 sq. ft_
z., �r :- , _ ,� Dave _I
'7i_Yralit with an associated parking area. The building would be
abr:rcxiiat.ely 70 feet wide by 100 feet long.
TF, How long, 70 by 100?
Mr. Paggi. Yes, the proposed capacity is roughly 220 seats. The
;if ficuA that we arrive with on the property is the restaurant is a
se. but. by the fact that it was zoned shopping center w�=
'^-; - -'� •-mo i%ami td t� One i:� :i %c. ty,ili ed fro lit
i
def l'... it t h ;J,L �.YC 1 _ i_a 1 .-•t •,.• ., .
h
cres as .mart of the shopping center zone. We have only ' . r -
__ =- - i
j-�-� i- t in Se yar,-r
The. third area that we Lal1 a a little e bit short :� iCi
What we tried to do is to orientate the proposed bili lCIA
l
e_ t,: a manner that would first of all be most practic.a� an '_
s Yah' ;: iYi imi ze `1n e. variances . What we tried to do is t Limit. thLe - 1
-backs to one direction only. We kept the building basically to 0
at tli; point we, require. only one setback variance. which is
urOper ty !line. We're showing 10 feet at the one corner,
;i 5r feet is required. The property nar7--ovas immediately from t.ie
2. 2,4 foot front -age, immediately down to a width whiCli is v _ L 1 _ 1
J_mp ,ib1e to get a building to meet both setback;. Rather than
ntating a buildi-ng in the front and makiIig a narrow drive. G'•l=- X, -pc. iL
r :ide. What I really did to act as a guideline is I used the
-., -,-c_
S ivcx - b IsiIiESS zoite as a guideline. The highway business _ClY1e ld. -z.
tbl•a is 1G feet. I think that the property is just across the �tzp_,t
us,. across Route 9, so I tried to maintain the Name nature of
lenrat-'_,n_ I don't know if there is anything else I can tell y n I t
l.iaVe SpECif1.0 ?I.ie_st-lons that T might be, able to answer.
'4""r_ Fr•_aer: What is the distance from the front of the building t t_,t_
.« �Ii DWa.�:,_?t _ y�l,.�l .Ji.it a '�•�ale" y;Jia ai i0C
l:i!ia at ._•J- ,ji. - ._
009
'"W
_ -
a_ we ':ave two differenv
t laps _ + Nla
Y tl
Y e that iS the f inal (=,ite- that wa y S1tjbm, + tk d fGl fC")iii? 31 =1 tE
-
-what_l'- you took th!'Se pal"liilla spots out .._. thi limit=' C
77, Cie
move the building over a little bit?
i agi We can. but theI1 you will end up . . We have right now at_
: _ht there; yoti 1 -Lave got 75 feet for the side yard setb�xc }:. -
1 "M111111 dl ivaway Width of 26 feet so you are already down DF-i_c)"uv
-, +- 1-, - ,- +-
- c t _ point - That
is; what tale figured.
eCi.
t
yeF , to trV to .stay to ( 11 S ide. .
..--. i : xi�so for emergency access we tried to keep one side. at �
arge and also by eliminating those parking :paces we would virtLlall
accessible by the building.
77.11 'Tuyl : One c)tller consider. anon goes with the fire acce:;s and
r?ur ie :c ,r exits , going to the 10 feet on the northern side still al
lir'= tri.'icIKs and other emergency vehicles to gain access richt , tlhe
r. Cl t trGlll the ad.j:�=�i1111G pI'operty . That 4Ja5 ailOt;ier reason Wil `T we
(_]C:'M feel there Was any great loss there. Another words we w2re11 L
i Ci tilll t a stone wall or anything. At the Same time we were keepir!g tl�e
rla n'_nl airlct..tllt of maneuverability for cars coming in. One of the � 11-1 JL
r-Lanninra Board had been concerned about was they wanted t =. al:c_
'1_ire tier e Was enough Space here coming in So the cars wouldnt Stack-
1"-1
tack -
_ .... 'Y:n _�w how the cars comina ill here and wait.i.na?
_ r ager. Yes.
'7a 1
? yl :
in tact we originally had. the idea of trying to get SO?lle
_ °indy
_.t
li file
front and t'_eV told us eliminate that right off
he D 3, -;
11 . I aot a letter from
didn't
want a car coming in and hold. tip traf f is . S:
�T
_It
r _led i., E1C r i:: witih 1r Ss
_; :✓eI;
the maximum width possible. As Larry had said; it
real
a
W111 ituati
on in the sense that the width of the property
1.e:
t
even thi
Ilk yoLt could put a dinner in Dere and not Beed a
set';a ~f;
1 _ - -0
de or
the other.
raC(er: While we're. talking about the entrance way; I kn+_w T Ld3:
".c the Planning Board's minutes and they mentioned that yOu were
lila +-o,aE-t ail entrance way in from the Shopping celhter •�y2r lel"E T=
y A.pplebee I is that the one?
Tuy 1_
_ °indy
Gr-er: 1n fact we have letters on that. We went
>--+-•_
_,0!_1,
11 . I aot a letter from
Foam & Wash (Bayrite
owners ; 11hd ^l;
_It
r _led i., E1C r i:: witih 1r Ss
and '-t ' u s t wa:=,n I t f tt,-
t t -
: 1 1a c Fli i!
,
+-a4 fi(- So: Piave a
tl' at
letter �caiilha i it
i_� I�')
-L
Z ent tit
aentIe'm, is L1i7Ci i:� t17E'
C32h1�T J _ =
1 _ - -0
h
`%W
v
L
P aa e 4
',,F-: -1 -ind j--, hFIlz o, L
w, I j 1,-j a v ��,i`h m e,Er
me back or at least call me. T m i ;,,z; a 6, e
-I- F t 4.� where we'4z-id
are i: -; gilt I- now. He Baan' t voic
e. r way. b".,,t T ascume s no only because Have -a
p
I
t about t-hings. 7- wanted him to give me a iet +
n t sJ
I -D _LIi. i O i1 4V s
vc_jj come right back to Hollowbrook.
also mentioned -ed in the Planning RoarC_
I 4--i-.1ink that was
a,
h
k I ward Hollowbrook is
I-. sur h Hollowbrook has an access road right thro-,igh. Waldbaum' .
but they travel it .
is a legal access road or not,
1 ow _L- legal
a i:Have you looked into that?
r.-17-wav into the Wappinger Pla7.F,
P - -oliowbrocIl- does have a right
J
J-DYC)'C&ZtV 11 Ot We don't have legal access.
-n to where s that access, road is' T f +-
c e d o y o u c o,e
r)
is e Hollowbrook property, you must be bo,fd e r i n g r i 9 n
E, c4 yes we do.
s thev mentioned at the Planning
7' e IC T think Al one of the thin-
at- -3
-iem.. is if you go out that t w, Y y01.1w
ay et e t i; il a and T agree wit' them;
off A -' c nut on 'Myers Corners
I i a hI they came through Hollowbrook into Wa_ldba7L.M,1' s Plaza
jht goll
-her way. This is 17 i gh t hand turn i5 a fairly
L LI,
a either
e,�- co -'I c3 a e t o u, t that w a y . t 171 e 1`1 VOI 117 not tL r n 1 n g again
Th e D rah I rLi _L s
T,,.ivl: We, ar_� --ying to get the consent - -
an't piggy h a
h F, v o exit through here.. we c
t legal rJght t, I if we could get .;C)mP
I- -,rough. So. even
�wlz-lr:-;vii , s 17 j- cT! t tu go tl
HA_icwhrook entrance, that doesn't mean we. have the right. we� -a
1 1- - center al. -Id we have
a;- d a guy named Ricc,--) at the Waldbaum' s
a Z; o ...
7,7- 7j I t voti show the Ef-jard where. we are pr P(:,,L I na - have
i a' t b el- nd Appl e_h;z� 4�
We L
Cg are e -o 17 o ID,-
)slnq to take access i
L front it
s a 17- e, the drive lane right in of the Plaza_
a,,- fiCai t at we 1 exit and Crim righ, out -
he bacT,_
j 4- is what we a -1-e trying to do.
a -p
y f that. w c I I s h o w ac_
sent Inim
_11D v 017 what we are propos il-,a
-7-
is t, & -late that y,,7)u Sella �',at
aj What
The, letter is cd a -L e d t- h e,- 17 t I :mac) i t would h e +[-
!--all. i i e f t a ii,,e,,-;age evervday. H
7 -1 3.
on
Iwo
t -
_,:zi. '"Iiii�iiiU al�y p_�3 e 41 i. it iLiv a ietv.a•_f.
n You would need a variance where. ever you put- It .
i That is Correct .
TLI�.'i It only gets
narrower. Tt gets Warne.
_.. Even with a different shaped building?
Tf tle building is :charter ...
I thii-k.
ilid Gree -r. The only SOiLlt1O11 they had was going 1o21gei ii
That didn't
work either. `iT(il.l have 16 0 feet and IF
�-
-- t ialidillg up So Voll could1
_ Stay within the 60 feet;
l,v you could have a 60 foot wide building and still stay
the road.. They would have to reduce the size Of tl�e
blaildlllg. 1'_t would be a. Smaller square foot. A smaller foot �'-i.i1t.
__ _ _._ Have: the .)a} ed into that?
IIIIW- *' i1 i' I daii } think that it l even a . . .
i" . a ��
V Freer: I think their pretty :yet with what their ::t( -)re a-,--
T y have t! W S LVi of tares that they `v]il.l d be
1E'
_ng
in. I don't think that is an option .
`Jori Ttlyl: They are a chain C?p.E'.ratlon as val_1 know. They have the
1..C_i u-vwll i-(-.) a CieilCe Thic property; yaLl Can ee t11e Wa,l i}
t,
cit an �1nusual shape . It gets so narrow back here t11at by c
rc
;IH- camp ging with the front; then we. are getLLllg more of a prob _er:.
h&le and here. It is Just because of the shape of the land.
+i - T'ai'iLlelt'.: FOr t1-iiS pal'tiClliar Ilse?
41. �'aggi and Mrs. Van Tuyl: Right.
1�. 7a1-uele: For some reason or other it was zoned Shopping tenter. Tn
','uy n iild, changing it with these variances reduces its zone of a :,hope illg
:-rte to 1":igl"iway bLlsines s. We as the Zoning Board can not make zani_n.
That is where I am coming from. If you want 3 Zan�1 q chaI g
haves to go to the Town Board aIld they would make the. iieCe_s.�c3_i
ii C e: .
T think they are the oIles that told US we d'ic-In' t heed <
_ � .- _, i 1 i ice- u •_a i `-' c .�
Y : ? 1 :1L f
4
and all 00"_
V, 1,lce . On c 1 1
_r
�,I C an
d., .
T1"_+-' Ot1iF i
+'v,C l t'til to �.al gC
�,.1e
building i.11
:z d;.ffar'.ieii% ioL
i.� _�;�s c�.�'.,..1.- i�:.t�.
on
Cm
0
17
a{1i LILc:
ial.
T. 1,
p
We ll tih? your 'ot twVal lances rattier than olhe . 1 =e
-•,1 _ nC1gi ei: iii a:i.'iih� ro
ate l wi Cali' t i bviollt L get ariil lid . We, hair what we have.
ttiroWiiig percentagesout the windoW and t
�1laC YCJL L.L L.Ltk a�J-.�-t2>
t yical.ly oriertd
c, that me serine, you,knoww It Il.IS p t,.s�
y C larger access t0 one Side t?:'he e:i
1 1 C e _y providing a
r Li oned is very accessible from the neighboring propert,'.-
iLL, f_ct; I think we have a letter from Bayrite stating their
1 eally that we ju„t keep it aesthetically pleasiPlg on that
Bayrite is in the Village . We keep talking about how bc.'
-
Ll]e iii g� ioo'.tis. Here we. are extending the Village further Doti
7
r ,a c Ftorn a Town prospective I' m against what is in the Vil! a r,
all lots and here we're adding to -”
_ler >>t de all _ 'H
)f these .�.
::. an rayl: I can certainly see your conr_ern about the sicrnifi:-alic e f
I;t r��ia =-17>f the variancec! That if--, certainly one of the
1 _ --ard addresses. is the variance_,, requested SLIbStalht_L d:
requirement?At fir: t blush, two of these do seel<<
t a,h`it__.T think the frontage one, 15 feet out of 30'0 is not. i
- 1 g -he balancing that you have to do, yol.l have to
y.i'_,;� ,a- a 1L y of the requested valiance in light of evervthlI"1Cj else t'bat
i - r on. Thi,, piece of land is what it i.s. It is interestilIg hat_
iLi i�J called Fie Shaped Development Corp. because the piece of_ property
- _,l -fared. ;fie o�.ri Ihothillg here, nothing to the north.. nothing tc the,
sunt This property has existed for a long time. I don't disauree with
V IIr �lan.ing principle either. We don't want to extend the Village; bilt
W& h -,,a a situation of a lot, single and separate ownership; that i= not
-t hi.ng. you said other possible uses. I think it will b :
vtty raid to find a use that doesn't require something
aliil: �
long as it remains a shopping center. You d get t':t•.it
eleAs
Cihallycu.
;'i i lJicl'iiL The problelli is Voll can't build a Shopping center ilh :=
(t3ot able to transcribe.)
vall Tuy1: What Happened here, and I looked back I tried to
rs.
investigate file history of this lot and look at the zonilhg back
to the
It has always been SC. I think a shopping center
was built and
Veal: o17e.
land was left over. This happens a lot
of times in
Lr.isttle piece of
deals with the big picture and not the little
T'Dwlis because zoning
That is why you Have Zoning Board in this sense to
deal with
Iite.
difficult results of the big picture analysis. I don't even
disagree with
that it is theoretically possible to go to the Town
Board for
t.lvic
_ezoliing. I would submit that the proper answer of the Town
Board if we
did would be to say, "We are not going to rezone this to HE
because that
l-&,. s,. ct z ;,;, '- It is Dile tiny lot here. Tf_ you have
difficult_
LiJll_iig
'n u
7
T - -
ed it ie ';_n e
It is for area only.
or s Are vou thp ")WI-tP.r
-)f
17 s r et e, i I have a COUPle
v Freer: Actually, my dad is and I represent him.
t- h e property?
When did he, purchase
creel I know in 1990 1 changed it to Pie Shaped. Develonmel-It
name persons --1 V. That is when I act a 11 v i n 1 v �- C2
wilt i cll-ianged it to the corporation. It wa iii tie la t- e 8 0 0 8 10
t h -n a like that. which I have -)bvjoi TD
slv copies of the deed.
r. first name?
!'r a q E� t: is your fathers
n dy Greer: William.
'.
The other thing .. water and sewer
is coming from where`
L
1v C From the Village. I have letters on that also_
t going to be open as far as ho,"rs?
W en is the restaiiu,an
d U -L
Greer: In the evening.
From 4 to 11.
Fgg-:
TI.iv-' They do, not serve lunch
T gsi '\j1iC answered my question. This is the Village.
Van Tuyl That is the line and they were notified.
Lehigh: That answered my question.
Van Tuvl think again just to respond a little more to the con—err
--jt- vic was stressing and others had raised, we certainly hope that W-�-
W71-1 heable to reacI an accommodation with the owners of the sho--opinci
esiter to u.se that as a secondary access. The interesting thing niahoi7t-
'
cel Zone is the hucre minimum acreage. hut once vou get +M -it t -
control how many things you can put on it. The density C)f:
development isn't a lower density use than anything else. If we cari
fain 1t, we w-; " Iwe are doing everything within our p(wer,but we
e r jul-, t of condemnation. We don't have t 11 e right t(:) g (=, t t In a
he ni�-:xt door ref give it to 11�;. We have 'an
t
t h e DOT.
-d bac) from them?Ha e yo -_I I
earL
d "o f- 1- en-, t- gh . VF:
`4ww
71
r i u
I`, iii i.i t
agc
LiiC= f --.i..... W-;
f _ r I
Flet witlh DOT
on tele Site.
Basically; tiiev '.Wade t'Ii'e :=:I ile
that
everybody has
st..lbseguent to them to please try to Frranre
ieui.le,t
light if
you possibly
can. If not we canI.Ilide�_:=talid i t.
; tliili
your power;
then we will
Have to deal with aur _':lte a; �r-
SLS aih i�
Me uL"i�--
�.� ase tli�.ir
property.
which i-.� ;,::.thin
_ ll d_V Freer : I
Just want to mention that I had J bliS ile .:�E S that
_e �;": fC, in there. Trust me, VO -i wouldn't want some of the other ones
rhe Outback I choose because I enjoy looking at iii.ce 1^ll i7 dilig ar
of the whole thing. It is a beautiful looking building. we
ga-•.-e c)ut packets and you can see the picture of the building and it "i -
711Ce -
That 1_ not my "irobl,em Regardless
Of what business ��Ut.i uil`.
- -jl vriil have the same problems. Tlie size of the lot i li=
and the Zoning as f ar as I i m concerned.
=r: Ts there anyone else that would like to speak: for or
_ le'_ Didli it you mention something about whet: they had c,wne
i� ager. Yes, 1988 or 1^89
t'cii_ ie e: The_'e was basically two zoning Changes then. That 1-ia
:'ie ey been addressed to be changed.
V. 1. van. T}-iyl: That i.; exactly right. Its been at least 10 acre minim rl
riClllt from the. beginning. I believethe reasoIthat is 11-111i3t
at the large picture. Again; if we were to ao and. seek .=1
i Jihllhg v011 would Have a map with a ? acre Spot Zone oil it . T ' '
=`ar_ i.- ,,,hat Flakes thi s a situation where a variance is certainly
1 ti_ieu and is the proper remedy. It 1: Une C)f the. situationswl'iei' =.;
probably isn't the best remedv because of the spot zoning
was a request made to change the ;'onina It was Illldel
,:.. Jan Tllyl: No, we don't believe that would be the proper remedy
_ec«use that woilld be spot zoning.
Cindy Greer: My father was always told it would be detrimental to do
t at i_;ecau:;e we- should -,be able to put anything on it because it is zone;'_
. iGQpL11Cj :;enter; he was told.
;ir. t'aliuele: 'tenable to transcribe.) As far as I am concerned the
variance woli't change it now. That wal.Ild have to be dine by the Town
L"UcY .i d.
_
'7
U,7-- ate
(-t-� 1 l Thi^ i^
LS_.t_1 Varhal_c Ps— 1
��
a li.;} -il1 Qi!' aihd
ll. Vay, 1 1V
1 1CiN
1.
.
even
a L.cnl.-t_l�{a1
dllllPn. ��l-
���.-i C11 L1L� V-YliL
1i 1�4.� llel�
.1 J. l
1 tc)
ab :�--� J
u e them r,_nd ih:'%t
dep i Jl 1C y )p
i.�re:ehitiisy
SLS aih i�
Me uL"i�--
�.� ase tli�.ir
property.
which i-.� ;,::.thin
the purer ar:i�_
09
rr/'
7!:
a C',
M, i n 11 t e s M a Y
Pace
14%W
2 t -D "J c, b w h J,
f + a ,,- - 1 11 -
V-1
n y J
1 i g g b u t I C e U t a I y don't want
t C)
f f t h e f actor. tha+L- a r P, -.- e v aiif F. rj C
bright line distinction.
o t- 11-i t -t hja an c i n c -T es t There is no
tical difficulties. It is no longer that an applicant hac-
any particular burden. We are talking here of balancing t11 -,e
applicant and the harm to the community. Overall; we
community because this dne-�-, not.
there is not a harm, to the coi-ri
we. are keeping the setback. We, Certain -1v ha v e
darty. We certainly amply meet the coverage requirer„alit rind t=ie
rements. It is not like we are tying to put more cm t'
Itjustified. This is really the classic situation- -1 M
s
I u had hardship beca-i�Qku� (-F
law of practical difficulty where - votell
I --
t -) t e This 1 s
a -pe f L
j the lot. That is what they used c -11 us
I t h i n I-,, because of that thk��-,
where a variance is; deserved.
a
gall`* Hardship We are not building
-L �-i ncardsh- to the community.
rept c
r ha-ve central utilities that we, c' a ”, 11 S e 'r think that ov c- r a 1 IL . I I
a e i s in keeping with all ttll-.
-,f the development and the c,:,,vei--,g
Cif 11 - no alt-erriative.,
i zone. We. have
n.- Shopping center
ive f ,,,i o v i 1-1a 11 - J
ianCe. we cllo have the alternatt-
t� L L a a va
T joi-.'+, think that get,:; ns any gain. As I h
se (2 'n e f o re two. of the v ar latices ar P substantial , but J C) -
y
zectly imDact'li-Da
-tb- + -intialitv relates to a requiremerit that s d i,
zh aEetand welfare. We happened + Co be dealing with I. a Folie t iat TV
tl(:- Mage: t minimum -lot size in the Town. That acreage doer;,n'--
a-UT-'-'mat-,1ca!ly connect to cleaner air, better this or better that. Th
at
r has nothina t -C) do witl- '
--yP..a-re� Jn the shopping center zone I I s
once you meet the threshold. The same thing for the ide v,--ucl-
+- . which w e c e r t. a i n 1. ,Y
I- C. the narrowness of the lot,
think k i + s I
think environmentally thi,-�
LiicaT: riL L i i -j
-as about the difficulty. I
d use we have central note that
a i_L a�.---L�-L-,e JfficL.ilty because he nP.ighl-n- e 4-
'verything within our power to work with t L
n a I t h i n k your C) h I e c +- I
to qe--t- access. we. hope we- do. If we do I -,
the shopp-Lng
f goe= away in a sense that then we are a part of , -
- ` - - ill that, the Planning Board has La�;kecll
a I I i�� -L 171 C, wise. we w� obtain
E., -)i: that as you can see from the, minutes. DC Planning 11-Depart-111ent hac,
i+-h-Lna
t in your letter and I am sure they will say the same
L referral letter
+-
-s to them. Slo. we art---
goes
et
that. The bottom 'line is we have economic Com -r) 1 to
F, 131V e Q 1W e L i Its . I couldn't guarantee to YO'L! +-! they wu-�."Ic-
tO do this
i-- P ie r 11, C t I corporative
they probably won't De
TI -1a, is why
Tl yl T1 tii0ilgiit we s a i d to him.. and this s actually J
C "I IS1 Ct epeople are in outbac"Ni and go out throng! the "Dp110j e they ighE ;top in the ;hopping center. The overall. t J -I
-, 11- 1
Celit
We are not talking
s Something there somethii for them too. It is; a win win.
L f.c) rj the shopping center nter going out through us. We
are talkincr,
rout. e i t C) U, t . Because I think Vic your right, the entrance in il f Lll,- .
w4w
V0A1 will have to xet traf f c both way: -
T'l y p�-1-jt. Oj-,u cut w,- urn only. But,V T -)uld he, right t
nvhody
f
""lal- -he shopp
T + Ing cenL.�-
a �1 ': -� . -
m
1 ...
1'11 n t1 i. P .-, _• 1�1 Ci _. _ _ r% `_". ._
?' x g i
t� _
C; 'iiLF t they wG_ d i avP. to go L :11L; _ IlOi i; til_=1
arCul7C and, COlile back. Nobody is going to do that.
i ir.: Tiley cxrP oniy open fol dinner so all of file rP.= iIl th2
Ci .i1 i ilt EL` wi 11 he cl"i
,%or
Lon
C, n
P :1 •� -- 1 K
V arl, an ✓t,. are suh.-,taii+.ict' 1 iIi far a� i L acres t'1C are _
icu..tireCi G11iQ �iiCr are (inly .'i1.60 acres. Also a 50 foot., de yai�
i t i .il i c.0 chili diel e Is Onl V 10 f e t- shown -19 on the not-t]'i
i d e , T]'t
ii Jii .i to
requirement i .�:; minimal in so far as to ? 00 feet are r cCi'iil-ea
Lie1c ,re «4.5� showing. The variance will not cause adverse effect:, ti
Life V:=; .Cal and/or environmental
conditions int]iP neighborhood OI']7tiOd inc e
waze'r dill Lnewei w11i come from the Viliagt Of Wapp1I7CIer. The I"P: t3i11'8'1t
will 'i- V -C1pen for dinner, ; which will keep the amount of traffic LClnwn
be t ,.irin , t]ie day. Tine difficLtlty is not "s elf -created" since the Appel�al�t
cati riotchange the shape of the property. Second please.
Ir . di lame, : Second.
>. _
_:�•�-� a•%.�i"_e.ti: i'y �T r-__ mu. dP_L f-'i_ilt=: :jam-_•
Mr. Fanuele: Nay. Mr. Lehigh: Aye.
1,4u. P, -,-ager: Ave.
n �ti' ] a, been passed. to grant the variance and that.
7117
- -If t7l r Yes Lead FQ2iLCv will be t]7P Plalinlna no -._d. 1 , e, s- _
o c', i i'i t]; c t_
Dc. VOu have to put that in the form of a Vote?
er: Yes G,;] y dosi't t.ae da that to make it form 9" . make a m( t
Lead Agency be the Planning Board.
e c o n d .
ayes -
1 Jai, uyl: We thank the Board for its consideration and their time
. _ <<,:, r: -lie Next item of business on the agenda for tonight
Arpeal lulu by Margaret Mora & shSan Khour1. RPauesting t0
L _ = S
- i;- e� Sting three family residence in a two family zone loc°LV,
11'1 rosewood Dri-'✓e in the Town of Wappinger. Please state yo,lr Ii=xr
1Vi L_11e 17 ecoid.
Ivicir a : Margaret Mora.
Prager: Tell_ us about the appeal and what
youwouldlike.
Ba:=ically, we bought the house assuming it was a three fa<<ily
eL _-v- IiCe _ v�' - lived in one apartment and we.. had- the other two apa 't'sl, .tit:;
,%Wre,ited out fI: r a' c;ttt a year or two; then because of Some-
'
bac]C t0 live faith try mother and we.
c la L a i
} ti''i:rt ]i 3ptiell'r.d N7, someone moved l itC7 t]ie ll i 'i�.
l d the ` lty and tl f- i -i
-; ],Nie wa:� i_!ak_ Anyway.. shP _. cal e
was;n 1 t le a or part of it warn' t legal T]iel: e w e-
- +-``-,_. -t-; l he d:. iii? i 4, r: doe,S,n' ,,
} _ _
T �
.J L 1 = � 1 : -: L � I 1 _ 1
on
Owl
,"NO,
-1
Mayr
P:a cT t_' 1 '7
t:,
...,.
keep it empty becau.e_
,- , w
we didn' �. , _
Ty f t 1` a _
�. _ �� �_
intil about
December
of 1995 - My husbands brother
T ed :1
sJhi_Ie. They
really can't afford
to move. I don't
__ l 3 family.
What I
would like -is
perm .scion fct
them tc.)
gal
if there is anyway
to
do that .
When did yc)1.t purchase the house?
i 1 I'iGr_ In 1991 .
You did supply some drawings. What we will probably Deed.;
to hake a list and I'm going to request it at the Ile;
-
11i:_Ctiil�i fi:ir a public hearing. I noticed V'ou p11t in the de5cr=ipti")1. _ � ..__.-
Ii c'_ i. lour pl?Ii;.. but there is no mea uremellt:, . No. 1.- wi1a`
r ll'ic_ li1_e to knew first of all on the first sheet; doe= everybody '?.av-
f t11e floor plan? This is the one I'm referring to. Is tI-, z all
_lPiii i.. y that is living on this one. floor or are there a 1711111- et Of
Lf :_lir: lie. ?. I see there are three bedrooms on the basement level.
family. There is two people in thel e. n m:.,t'- ;
;�... _.
t basement level elow .-2 ;
r. F 1a4ier: l Oily? fatally. IS �11� b9U; 111
Dc" ci , _:rid" What _., thi s a raised rand:'?
c It ]_S a rdIlcii. Tile entraIlCe iS ar01.111d tO file back Gild that i.'
Illtil+`telt/ above around. Then; as you go to the rear: bedroom cine, tw
3iil file ilii -`ng area art=' partly below around, blit thele are windows iii
`' - e i o0ms
_11�J `� -
:sir. P eager: That is one family right there.
,..r.L What is thi_: space riaht here?
4r. Pa.;er: Right; the blank space next to the stair:.
1 1v r; t ::
T diel this myself. It is not part of the apartment. Th
a ._ _._y the first level of the third apartment. It is oil the d.e li1 a
It not directly
° r . Z: %'li'iah I W011ld like to .^-�L1agE� t that We ao out and inspect.
�.
Cie 17 We will; yes. What I would like you to do; I'm going tc neec
i1�e i L til: I bdo ild like to have the dimensions Of the COmpiete ii011:. � _ I
sc. like dimenc;ic,ls c the floor space per family. Another Word:7;
i 1 '(Dike-=avii_l that a.Li tile. bedrooms ; kitchens ; dinnin 7 rooms ; :ire f of
- t reel I waist that floor space becalle e 0IcaV we have a till 3
a0j,Ytmeiit here. I'm cOI: f11: -ed. I would. also like. a Site. llispection ')ii
want to set that ri aht now,
.. --- .:mT•.- ,-.Cm 7r+-`}
til cSt .,-_ I: _. a17t W tri v;-
*MW
*%W
rM
-r
te _ i��[ay
Page 1'
=t_'_: Vii';: 1 think tl E overall dime..nsions too because tr'E ii tvE
f I G".otild like to See if your over.
ir. Prager: It look, like you have the acreage on the one drawing. Ycu
I,1«vt_ ,J5 acres. Is that correct? I would like to see a copy of your
will need the names of the people living in the Douse.
_ Far__, '.� : I would like to know the person who told you it was a
y gaiized three family.
Prager: If you have that in writing; I would like to see that.
Mc ra: _ Dave a copy of the contract of sale; one page. I have th-
wcl� Ll:in• but I made a copy of that one page.
[,[ Pracrer: Hand that back to Linda.
as you can to us Linda.
Air. Fan -,lie! What is this part of?
Then, what Poll do is send that c;1 -1-
i14 G r a
1_11
i,iora: It is part of the contract of sale. I didn't know I would
i1t-•_'�1 l.. Li r' L%�:'J1� L1_11'1g-
- Sht=' will -make COpieS .
That i:; okay. �l�e Linda a ropy and 1
Fn'o+-her thing I haveDere is we had an inspection done L_c the
c `-1--v were under the impression also tllclt it- wa � f3liili`?. I '?J•=
fir: t page of that and I have the whole thing he 'e
wive Linda a copy of the whole thing and she will r:oi)v elle
card_ I: there any other questions anybody would 1.i_ke to aQk'7'
?'1tis iS ba• 1caIIy teiling me. What he" 17e2'SOIi app ra41si?lg
ficrt.lred the physical conditions of the house; nothing lEgali .i,c
e=:
1: He far?i.1'_v'.
- i•Sora: I didl�" t put that third apartment it there _ Tl':i_s ti =
w a a when I bought it . That was years back.
FaiiuEle : Now, another question; we are going to get the deed; bait was
a private ?le or was this sold to yot? by a realtor?
:.. iiJrci: it wa through a realtor.
p;tr e' : I 12e the one that Said this was a three f am- 1 J iLoil.;e .
P -ag .
-ley
didn't say
three family.
said '-w,-i family
with ali
r= . [,[crC
_
'1
{_
It _
1.-' 1-
7They
--'} LL
11L.`!.- 11�J 1L� �. iy. Z2
9- C1I1 t kii!ivJ
T C1
ti''c" �.s
aI1G �)I_ii-.
i:!
i i ,11L
11I i:l 6 11 ii L i �
Iii t . ✓ e Saw a
lit.ili�rCil t ;7 t'. -.:-,
�.: 5_^
,y _.
?
1111"', c...._e. �.all,ed
�
+
a -o
.. _. .C.i..
C-1.1 '._ t:1
lilt/t1if:I- �d.cztigilter
t�L. E- L:r (..111 st..1_I,tA.-1
/L 1: �11,i-:"'.-• Li./.L
L11 r1.:t�
11 all a.i1'l:J.w
1.-1li
} v }
:..artt. _, �.i?•. ,�.ie :i. ia�
7 _
y�-`_ fdii �_ _
�r
\..
EM
iL N °i 7`y' v
n
a EF ..
ii i t Ili ii}O you Know what col titilteS a 11iOt11eY'-dallylitel 1.1r 1 E
Honestly don't know. As far as I know; I guess it is tw:
SdIl1e last ilame
i fii_ : 4tiE 1'1 . in order to have a mother-datighteT yJ"ti �_'-� r C' t
e at They have to have a permit. You lust don't go Out and -10it
111 17 s e S_
Axid it is updated every year.
eY cl:'i'_iel2.: YOi1 Cali t t bl.ly an existing mother -daughter w1.thiIZ tl"ie T"Wtl .
have to apply for It yourself. If the previous OWner had a
6�Ti1eY1 they Sell it that drops Then, �TO11 ilaVe 't0 wait
e « fore you can apply for it.
Someone like me really doesn't know. It is advertised as a
?iOt"ic'L - ucil.lCTiit�?1
and you say Okay fine mV lllOtller Caii
live 1.I1 tilF re Ci :i.: i1iY
CI_1 -
r aCiCr: If- y01.1 Have something from the rc�altor that Statc;- tliatr T
'1Ir,•iT''.__l`.- ;;L!1g.q:e:zt that you bring it in definitely. We would like to know tl-i=
_ `:1l :� name and the WllO.— tillYlg .
ra.
I found something. but I didIl't
bring
l.t 1't1. Tile Origll'l:xi
h t
tiieV :�liOWed us. It acid, the way
It
Wac di :qtr i�,11t d said.
_ i':c
i'. their _ t aid it seemed to
be
divided uiD he. cause, +lie,'
Jci`:i
y,
thef11' t fi00r Was a OY1e familly apartmlent
aYid there was tl^Tt,
Cu at
L rocas and a bathroom upstairs over a slimmer
kitchen.
this the multiple li sti-119
form that yol.lr talking «bc .t .
-
- - - there to see what el: -,e had.
iOCliliiy )li
t
I1 '.
no . pn-incr. that with you.
fir. ✓rarer: All of tliiS paperwork; what I wOlzld like you tc dc; to hely' 1:n
out al ;o i, if you could get it to Linda. Linda if you could get it al1:i
.het us copies right away before the site inspection. The sooner the
oet.�;r because it will help us Out. The deed; the contract of sale
`r. di--erllo: The ml_lltiple listing forme.
Prater:
P,ight,
anything from the realtor that might have
stated
wi1.1_ need
the dimensionsOf all the floor plans of
each
y
'
l deed,
the contract and the reciitOr listing
-
- - - there to see what el: -,e had.
iOCliliiy )li
t
I1 '.
o_( tic �.Ulitl apt of e T real I V dLd,i' t
_
jj 1y�� .]
' ,l L. t'- llr:e bl{�a.J`. S_in tJf tli�
iAidn t
09
EM
1'4 1 1 i 1.1 t P Yc
Page1 C_
Y agC 1..
t_ '. 't ,l .� 7 , f _ + ��`J _1 Cti -i -
T;
_
a� id ii:ri t.
i 1 i l !jC31 v W:)-1 cilit QCii Ui 111:, 3
vttght it from=otileone funder those- pretense:; iwhat ;-a^ Will-
can't
ail.'_can't promise it will help; but
The rarh:=,on T didn' t bring it is, because the way tlh2y Ila e L}
1y_ r first f loon one f amily apartment . Somehow then s .iv two beds oo ,1 olid
I' the second. floor or secc)nd level they have anotln2r
-zLlli %iu rind c_,hP.Ih
witl-. a ; uruler kitchen behilid the garag
rci- e I would be interested in knowing also, you Said you bGu,..Iiht
1'13'i i . When was this originally built? Cir at lea:=t wl:e.l '_id
..ihc �4•ru i_ciilii.iy COlile about?
MIL> . r i s ilii not really sure. I know the permit to have two beds:"ii''itl:
i:iu ci
- - - J«throon for the third apartment built way, taken out in 196? . A`
�hd� i iiit it wa:; already an ex1_sting 2 family.
rr ,.�: Alivthing
-1se you Can thi_na of? Any ques+ o_ :_^ Can I 1-._ ve:
r i. ead Age_11CV?
t gel igl_: Ye. I make a motion for Lead Agency.
iii°ic lio: nd.
l
avec -
T Ma',,:2 a mot -on for a Negative Dec.
l
C_
-
^ l `
.�...�_. y1 av2...
r dGfe : L iliake a motion to Set the public hearing for the next meetin'
Second.
l
�itC Ai J. . ayes _
AS soon a5 you Can get those form -s together ; get them to
' [ olid she will make copies.
We will. see you on the third at 7 PM_
it c)ra: You will need to get into the house?
r . Prager. Ye : , T would definitely like tc, get into the house.
iiorai finnti
e ; thak you very much .
Iir. rrac;er:
The ne=xt item of business on ton i_ghts agenda is, to di=.cu.;:=.
'rrr- ,-, , .- ' t i n g
4opeal -121 t Ghia Giaculli to permit an accessory t Se to allow all exiS
�rai�er renlalli ol_, property located at 188" P, -Li lh
te ?76 1n the Tcwof
.ray is __ 'VVlh�_ would. like to }peak?
Ede
rie Gal _ .
w`
09
BaCfe- 16
pi . PrciUel:: Are v(,u 1 epr es eating the Owner
•"ii 'u it ut: .ii :
Yes. What we are proposing to do is the property is OIi
Do you have a map?
roger Before we begin; Linda, for some reason T mIlSt iiaVF lost t' -''-
p a g e
''' -page of this.
second page of what?
r r _ Prager : The se,,cond page of the environmental statement. There T,tias
ne i;r Appeal 1220. They filled out the environmental assessment f;_,rm.
iLL'er : 1 thick they expected you to use the same one for belt':
app^al:. Ts that right Eric?
it. Lar�zeII: Yes. This is Just north of Fraser's property on Route 376.
T1i Air -Ort is in the back and the gas station is across the street. What
we are proposing to do is to renovate file exi stiff-ir bti : l '
a deli and luncheonette. I think everything is adequate as far
syZc the lot.
_ . _ - ; _. �;,•; larg= that lot?
4- 1 y 4-1 17 _ ^x r Ei t 7
thel4 ql'_1-� . _ -.t
ii ciy c[i ,
Exactl V
y T _ _3ijer W1iP_.n wll that be removed?
ia1 : Before the restaurant/deli is in operation.
z•;iei: T ii ave a COpV of the Plannina POard minute"-"• r0 T l liCW a
%-
t the n1ee+ ng you went to.
This is the storage a r-
���.tle �
'4--1-. Lehigh: Tt has to be removed before we can even entertain tl�e
%c rLc,nce -
iardeli: ^h, okay
-otherwise it is illegal and you can't do it.
Prager Actually; they both <3re.
; r iaC'_ll1i: t'"i�;_ aht the one mobile home was grandfathered in.
There P, no gu—aiidf;xt iF'1. C III ', P :ail t T"_;Wn f Wa-'),o xc p
^s e . Wliel, y�;ti iiiipr OVe property that i. OiiCi 17f: rn'Ii. u ; t1, L'=_
}' rP.1TiClVe the trall_er. Your suyppi7sed t^ if
._.
Vt; it prorert�T. �TOur 51.1 c0i:�C Seii t D i 111-0rove it O It 7f
T`�il: t, tIi iilk yt71.1 Ccill e�.I E'.r 7 tliit bPL
,�ali:,e
OOT
M
te - !''1i1; 2S,, _1
+ - 11�_i_i.C( c+s�30-it t' e,
I11obi.le lioille 11 ow
re _
�l i'r1
sayi.I�c; eve�i if sire d.id
remove tl�e mobile
horn
lir:!
17_
too cl o rye to the road
so it will still be
rm,
nonconform
0 1r .,ti
I
the key here is
your making it more
1 11 :nfo-lniiic7.
LJ .
guess
_ , ?el : -he problem with the mobile home that is now ;cc 1piec l",r
to ISe the mObi ie home in the deed. They are. kind of i_t1 bifid c1;
ri:ey re obligated to leave that one there and provide continuous
�. Brauer: When dial you purchase the property?
i,�ci111i= About. ? or 4 years ago; 199'. Mrs. White and her li'-1-�=3Iid
,,rTe lived there since about 1945. They lived in the older trailer. W
:ia_' ought some property from Mrs- White in Highland and we bought this
e ;?f p' C'rpertV in Wappinger Falls also . She has 1 ived the=re fou :moo
1, a
i�aiiy T.;eal�:, t��a� we did.n't waft to say to her to move. She is an elderly
_air we have respect and we said you can live here for the rest of
r f that is what you would like and that is what we did. We y�ut
deed saying that sht
e can live there for the rest"
of er l f.
V .l l!LV het
-t to kick her off -
,q
c- d�u:: r
want
Nrayer: No. 1, T will Deed a copy of that deed.
-i1 a I; -i7: l._. i i'tav - a copy hE:I_t=..
:•j 'r ciC` r : =sive it to Linda and she will make copies. wh z.re did
lime. ir! trailer-'
a Fiat :.11i. ye:= , iIi the old trailer.
What was the house used for?
acl_tlli : TI -ie house hasn't been lived in for Years. That i:; w:i T
.i ;71ii,i `_'- d.✓ So111 -thing with it
The house is in rather bad shape .
it -ia:ulli: Yes, it is so disgusting. That 1s why T'm trying to do
S onlething with it. The structure is very good. It is lust the nsi:le
that is dis gusting -
=r .-ardell : It is bas=ically gutted.
iaet.111_ : It i.: : uch a beautiful piece of property I don't walit to
siL
hln,„,- i.rl_!nC>: Ts it :;trl,,ctl.11' fly sound?
-L i -
04'
v'
CM
0
,app=
Minutes, _. I1- 19,
ci y"
Pane 18
r. Y c�a 1 v"d,2EIi ,'t;i. pL72 Ci >sPd. the, 1�roperty; GJIi`' �-it' volt pl rClla�e
did 'ctl think you were going to d.o wi_tii it?
I knew it was zoned general business . I wanted +[--) pitt
E.
ili C hitt} it a luncheonette /deli .
ri:ri vour attorney know this at the time that by having a.
e idP itla:� trader c)ni
flip prc_),,P ty tl:tat n Itself wollid he
1::. 11c, we. bought the property and he didn't know a iv°tlii_,u
}'
: r .1 at that time.
?`r_ =raga r: I believe that is one of the main points that with tI:
that is residential now. Even though it is gPlier al
Yo l know what I mean. Yoll
can't have two YCilI aI7' t Iia`l
�
-,,-.iliess --and residential.
How old. i.s Mrs. White?
? Ci = r : Iii 1Ci(:)Iiil:iCi tilr ol_lgh the Pl.anning rn }oard 1T ii -nates Iter e Iif1�n; T
tli re was some discussion about the Eoard of Health. I apes;
vaw era is aseptic system there that had Bever been approved.
'SJ ,<ill1 What had happened Who Was the building ?lispe .to.L at
Mr. Tlm Classy.
'fr -; . 3 iacull i : He told me that I didn't need. a Hermit to remove an
ti: a : epti.c system. This is what he told me o I d -L I have any
went ol.lt and I knew a couple of people that would put the
illfor me. They did it .
Then, when I went back to Mr.
r 1 0, ;i that time; he said everything was fine.
LeI-ii h: Let me ask one question on the septic system, do yoll have 11
aiilis or plans from the people that installed it'
;iaculli: Yes, the Building Tnspector has that.
would like to see a copy of those.
There really isn't anv requi.rer lent on the pl�rt of the
�,.
e - _ _
l ��rcell:
gid_ ! iilPiit
t0 approve a
replace_.ment system . 'T'he Town might r Pgll it"e
He
�_3I"tilleIlt
approval and
the Town' in general L'erV often d,"% i f tI
l
be
different.
Like if your going to add a bedroom ;r itiat'i
-0
they
miaht sav we want to see Health Bepa� tr e-
>>t tl,
replace an existing system for a res id l C-
�_
'�" d: e._n'
�CPaI }ltle�t t J
t iia'Je a requirement that they have. t �
i, t. LS.— L.1_
" c •._
., +- ..: -i
li_vv
t I L JJ i.1 l.l�.-_� .... lJ 11, �M! �,1aT _ .' 11
_ }
r9
r►'`
Millute:�
n
r' d CI
���cs C) III ol-e� the sleet there. We will h t`a�
is no qu-s,i, about that aIld the. Health � y�..rti11 iit �Jil
X701 ove it .
5 uiacLil.i : I l m really sorry. Mrs. White is in the trailer i,tlt I
idn t 'i4 _i-: tC) kick her off. What am I going t0 C�.U? ! 170, Ur
T -f 11rt;i :i T :did happen . to MrsWhite In the
� i Sv, '
yo, tc remove that trailer?
No problem. If Lhat 4s what it t-akes to get file v sir
is3i"C E ii : Would you like that in LbE variance?
_ g i would also li'Ke the Plai -1, -1 Board' S frEiliigti Ui t}il.= T
1,•rol ld l�,_� letter stating their opinion. I see it ha:- been
Z -1r e Pr avention Bureau.
'There is ::;,,:)me concern about Using the building, f )r an
a��;artilleilt .
'rczyer: Tiaat iS for the. ne:r;t variance. All we are interested iii; T
I White i t
;ieeping the one mobile .1UlIlE that Mrs. . to 1 Ve:= iii C)l1 L:_
= r .-arCl211_ : The til r V3riall "E that we. are asking f or 1 thie front
`•i ? -;: -, Okay lets get this done. IS there ally other Witte:=:t1 U 1 ; fC L
what do we heed? We Beed the deed, a copy of the septic.
av i• 3l:"J 1ilk,e to have a Site insiDectlon on this.
Lam' l t?1: �ti; defi .itel_ .
I would like to do it on the same night if pc)ssible .
t. �_;l loll . T here won't be any problem to get into tie bLi L;1..,g: .
gager: If either of you could be there
I T'E Iii 'PE=ION SET FOR JUNE 3, 1996 approximately 7:30 PM.
� . ehigli: I make a motion the Zoning Board of Appeals be declarEd T :irl
a' tanuele: i would think that this would have to gni through .:;itE plan
1 iJ i_i iv b'rt
talking a1_)ou. Appeal ? 19 t
.�1
CM
11. -L . AY I l ' C,,
,moi_,
i'1 a gci 1 WCi}-lid like to Set a public hearing for U1.111e 1 i L.11.
ite.: of ], iiie : on tonights agenda is Appeal 1220 requesting a v_�r_aii:_e
Ul front yard setback. Un property located 11ii
827 Route - 6 ithe Town
wappinger. !Gina (;iaculli) .
Carrell: We have approximately a 20 foot setback Fran the existiiicr
t the right-of-way. The right-of-way is further back than what
i..i l�llL1i'C.,� J
:amu w.-_,uld Normally think it would be because this is a turn -Dike and the
ire �1 I i_ d far 66 feet. So; those numbers are small and that 1, the
l!: Your not challenging any of the numbers tho'Lgh, ri:.h
-,-'; �o; the numbers are correct. I'm just try _ng to gi��G1
ittleprospective a:: far as how far the building is off the existing
o d. Ii is further than the ... 20 or 22 feet. The building of co'.lrse
:a_- Li":e i e proha�_,ly 1010 years before zUi7ing. What we would like tU CaO; t lE
u luiii loon f a -I' rlv c_iean from the front, we te ahop 21 ( tC; dC) SUmet,: i :5
�ii LiiC iliie of c7 porch and some steps to dress It up arCiliteCttlydliy.
v&, That 1::, t;'i.e only reason. Actually; there isn't even going to be a door�!a,,
ICIDDS d to enter onto the porch. It is strictly for architectural
c ,,,
i r i:hyer: SO; _Lf LOr Soiiie r2aSUn It WaS dented;
they you d sti_L ..
Yes.. of col.lrse .
},, ,.:
for the
_ . T-__ a.j Ana apartment upc:tcl117 .
�.. iac yes.
i
- moi; dell: That is a little different situation. I don't believe tl:a
lt.
uric i heeded for that; but we Have a problem with the Fire Code.
at l; Ldi t� .r study right now. The way I read the zoning; and I li^pF t
;U l�lid_ bice an expert because Tim not, but it sounds like the building
_7uald be used as a residence if it is the owner of tl e business That i
at t v :rid.:� like tc Ina when I read. the zoning, hilt they couldn't
`:e:"Parate residence according to the zoning. It sounds to me like it
�ac,l_lld
t+ _ t:r fitted use .
F1: i :.; t r : i J1 L -A t look into that .
l It
soulids like it would
be. a permitted use; wl.ich
would
rde
but not
a variance.
That is Just 'MY reading Of it
ii
�r7.
a
a
1. em
there as far
aS the code and -IL-1-1at,,:;not
i"e 3' i. F,
+gti til;
v'Ic la Je
prob
E: r v -.
.111 V t_i.1111 `l url)l]1 1 F'' -a L.L Vltl�g l� for•.
ilt L11._.'.
fC.,�uec
to be
pl ac: eC-� �.).ii tLi l -ie i.l �.ldi Ai�� .
En
W a D 1D a
Iv, i n u I[_ e - i�la y 2
Page 2, 1
on
life and safety -, f
-v ha�� to do witvariance.variancethat
1,ys F- -e- c -ode, then you ca-�-ilt do it. T won't vr)t- fo It.
You can't clo it Mavbe T didn't make it clear -
L a -r
-Ling about the residence and the businps�--?
." 7- your tall
That is correct. The only thing we' re discuss J_IIC_T ton irql__ t
be al -le to put a
foot porch on the front.
Lel' iq PI We' re going to lock at the properties
Prager: yes; right.
T saw pictures of both sides of me. .......... . I don't
if yci, can see it on the, plans to see how far away his building i,
-o
m mi�_:-- a: -Id hishisbuilding went u- after mil -Ie
.
% -ar,7CA Ts that something you can consider.. the nature of the other
the area?
Clot if it is illegal. Again. obviously we will. be there that
this ore. We need a motion for Lead Agency.
i.
r.rhigh: T third,_ this should belong to the Planning Board.
F a i Thev have to go for the whole site plan approval.
Prager: Again, the only thing they are asking for is the porch.
You wai
-it to be, Lead Agency for Just a porch?
Trager: Well.. that is al -I w I— P- C
.-T- all their asking fc;r-
make a motion to be. Lead Agency for ttst the porch.
do with the
apartment vers;la!s
T
P`ern o Pcn d .
«v
'low
w a 1_1 I dK P to S e t it f c r a puhf is 1- Pa, r n 7,1
1A i r, ul
p
r a C T t-- r Do T hear a motion to adlourn.
I, 11 So moved.
Warren second -
D URNED AT 2:41
,
Respectfully submitted,
;(rs. Linda Ntuy,6'n, Secretary
Town of Wappinger Zoning Board. of Appeal.;