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1997-08-26Vaw AGENDA Town of Wappinger Zoning Board MEETING DATE: August 26, 1997 TIME -- 7:30 PM Approval of August 12, 1997, minutes. DISCUSSION Town Hall 20 Middlebush Road Wappingers Falls, NY LMM Carl Grabala & Randall Steller - Discuss Appeal No. 1247 requesting a variance to allow a 90 -foot amateur radio tower on property located at 10-16 Old State Road (Wheeler Hill). on r.. MINUTES Town of Wappinger Zoning Board of Appeals August 26, 1997 Minutes Members Present Mr. Prager: Chairman Mr. Warren: Member Member Absent Mr. Lehigh: Vice Chairman Others Present Mr. Don Close, Zoning Administrator Mrs. Nguyen, Secretary to the Zoning Board Mr. Prager: Call please. Town Hall 20 Middlebush Road Wappinger Falls, NY Mr. Fanuele: Member Mr. diPierno: Member ��� ROVED I would like to call the Town of Wappinger Zoning Board of Appeals to order ROLL CALL: Mr. Warren: Here. Mr. diPierno: Absent. Mr. Fanuele: Here. Mr. Lehigh: Absent. Mr. Prager: Here. Vote: All present except Mr. diPierno and Mr. Lehigh. Mr. Prager: The first item of business tonight is the approval of the August 12, 1997, minutes. Can I have a motion please? Mr. Warren: I make a motion that we accept. Mr. Warren: Second. Vote: All present voted aye. Mr. Prager: The next item of business agenda tonight the adjourned discussion on Appeal No. 1247. Carl Grabala & Randall Steller requesting a variance to allow a 90 -foot amateur radio tower on property located at 10-16 Old State Road, know as Wheeler Hill. Mr. Steller and Mr. Grabala are here. Just to bring you up to date, the last meeting we adjourned the workshop mainly because we found there was ... We had a letter brought to our attention that there was an illegal existing violation on the property that the antenna is on. We asked the Zoning Inspector, Don Close, to check it out and come back with information about the violations. Which he actually did because we have an Order to Remedy on some violations. Don, maybe you would just like to explain what you found. ti *Am - 1"W Town of Wappinger Zoning Board of Appeals Minutes - August 26, 1997 Page 2 ""' Mr. Close: When we were up there, the height of the tower, that is when we saw the other two violations. We wrote the OTR about the tower and then I am going to guess, it was two days later, three days later, we wrote the OTR for the other two violations to Ed. He is supposed to be in this Friday with drawings and his narrative regarding those two violations. Mr. Prager: Mr. Niemcyk? Mr. Close: Right. Mr. Prager: Because I noticed the Order to Remedy violation here and it is for mobile homes. Mr. Close: One. Mr. Prager: One, okay and operating an automobile repair shop without the benefit of a special use permit. Those are the only two violations you found up there? Besides obviously the antenna. Mr. Close: Yes. Mr. Prager: Since we do have a written notification of the violation, this Board can not act on your antenna until these other violations are either remedied or removed. That is all we can do on the antenna. What I would like to find out now Don is what is your next step? Mr. Close: My Order to Remedy is to remove the tower. I have talked to Carl.. Carl called me and he said he is taking it down, to give him a couple of weeks. Then, he changed it to a month and I said okay, by the time he got equipment there. I said that is all right. Mr. Prager: Do we have a date now that it will definitely be down? Mr. Grabala: It should be down in 30 days. Mr. Prager: From when? Mr. Grabala: From a week ago. I have to get the equipment to take it down. When that is settled, then I will climb up there and start disassembling it. So, probably in about three weeks it should be down. Mr. Close: That is fair enough to me. Mr. Prager: So, by the 16' of September? Do you agree with that? Mr. Grabala: Yes, if there are any problems with that, I will let you know. Mr. Prager: That is all right with you Don? Mr. Close: Sure. ,mow Town of Wappinger Zoning Board of Appeals Minutes - August 26, 1997 Page 3 Mr. Prager: That is where we stand until these other things are rectified. Anybody on the Board have any questions? Mr. Fanuele: If the antenna comes down, then this case is closed? Mr. Close: The antenna is closed, right. The other OTR is opened. That is not your concern yet. Carl has agreed it is coming down. If it doesn't come down, then the next thing is to write a summons and we would go to court. Mr. Fanuele: They choose not to have a variance on the antenna because they are taking it down. Mr. Steller: No, we chose to have a variance. We are taking it down in the meantime until the variance can be granted. Mr. Fanuele: You will be back for a variance, that is your intent? Mr. Steller: That is correct. When the matter is taken care of with the other problems on the property, then we will be back for a variance on the antenna. That is correct. Mr. Close: Okay, I didn't understand that. • Mr. Grabala: It is our hopes that by removing the antenna, that the other little problems that have surfaced all of a sudden will probably be eliminated. It will probably make it easier on Mr. Niemcyk. Mr. Prager: Can you hear this Linda? Can you hear this gentleman? Mrs. Nguyen: Yes, I think so. Mr. Prager: Do you have anything Else? I would like to entertain a motion to adjourn then. Mr. Warren: I make a motion that we adjourn. Mr. Fanuele: Second. Vote: All present voted aye. MEETING ADJOURNED AT 7:40 PM. Respectfully submitted, 12 Linda Nguyen, Secretary Town of Wappinger Zoning Board of Appeals