1994-10-11,%W
Town of Wappinger Zoning Board of Appeals Town Hall
October 11, 1994 20 Middlebush Road
Rescheduled Workshop - Agenda - 7:30 P.M. Wappinger Falls, N.Y.
DISCUSSIONS
1. O'Donnell Development Corp. - Discuss Appeal #1173 requesting an 8.4'
frontyard variance for an existing house on Lot #10, Spring Terrace,
located on Glenbrook Court.
2. Donald Pessia - Discuss Appeal #1174 requesting an interpretation of
Article IV, Section 421.3, paragraph 5, with regard to the use of a
commercial type trailer on a residential piece of property.
3. Lands of Yanitelli A/K/A CLY Realty Corp. - Discuss Appeal #1175
requesting a variance from Article IV, Section 412 where fifty (50)
foot frontage is required on a Town, County or State Road.
4. Larraine Paaaiotta - Discuss Appeal #1176 requesting an interpretation
of Article IV, Section 422.3, whereas nightclubs and cabarets are not
permitted in zoning district.
*ftW q%W
Town. of wappinger
L'Jli C 1 o
—LnU L
a":etiir,ers Present
Goriing Board of AppealS
•ir. Siasser. chairman
Mr . Lehigh! member
Others Present
Mr. Levenson, zoning Administrator
awn Iema, secretary to the Z.B.A.
Mr. Hirkala:
Mr. Prager:
�-move
Town hall
Ci middlebus 7 Road
wappinger Falls, N . 1 .
vice chairman
Member
APPROVED
NOV 0 8 10
MAWM BOARD
ZONING BOARD N APPFALS
lr. sasser: I call the October 11, 1994 Z.B.A. workshop to order. houid
trig clerk please call the roll:
ROLL CALL
rrr. sasser: For the information of those in the public, there is no
b��ioring allowed in this building. if you smoke, we ask that you pleases
side. Also, there are fire exits to the side of the building here and
out -.he back doorS, anyway you go, once you go out those doors is an exit.
Also, for the information of those here, this is what we refer to as a
worf:Sric p session. we are not here t0 try any 15 Sues, thiS is not a public
hearing. The purpose of this meeting, tonight, is for this board to
gather information on those cases that we are going to hear at the public
hearing. Then we will see if we need more information before the puolic
hearing in order for us to make our decision. The first item on Brie
agenda tonight iS the O'Donnell Development Corp.. Discuss Appeal rt -i-173
requesting an 0;'--.4' frontyard variance for an existing house on Lot 10,
Sp," ng Terrace , located on ulenbrook court.
Levenson: Mr. chairman, this is classified as a contractor's error.
It carne in this way. The contractor realized it and he made an
application for an 8.4' variance on the frontyard, known as a contractor°_s
error.
There is a 50' requirement from the lot line.
sasser: is it an existing house or under construction:
Levenson: It has already been built.
Mr. sasser: It has a c.o. and it is occupied`:`
mr. -Leven-son; It has not been occupied and does not have a C.O..
Mr. H_irkala: He is looking for a C.O.-
Mr. Levenson: He is looking for a variance so that he can now make an
application for a %ertificate of Occupancy.
rir.• •.r v..r
wappinger zoning l board
minutes October 111, 1994
Page
�► i" r . Lehigh : Is rn e any reason 1 don't understand -his .
Just an error. IS there any further in=ormation that y:Ju
require
Mr. nirkala: I'd like to make a motion for a Negative Declaration.
Mr. Prager.- second.
ayes.
-r. riiri-ala. I'll make a motion for Lead Agency.
r. Prager: second.
Vote. Ail ayes.
I=ir. Sasser: Perhaps we should discuss the next meeting now.
Mr. Levenson: The Planning Federation is meeting the 2'rd, '24th, 25th and
427-3th. Al Lehigh and I will not be here.
tiiS: iJSSION of DATES
lir. Levenson: The public hearings will be all held on November otic and :.-.
;.gill advertise tomorrow.
Lehigh: we'll have the workshop afterwards, correct:
M.L. Sasser: Yes, we can do them both. The next item on the agenda is
-ein- ald Pessia. Discuss Appeal *1174 requesting an interpretation of
rirticle Iv, section 421.:1, paragraph 5, with regard to the use of a
commercial type trailer or, a residential piece of property. I receivea
the letter, and I read it again, from Mr. Pessia. I guess
that trailer
haS been there for some number of years. Is it moveable Herb-? Is it
sytting on wheels: Is it one with a tongue:' is it one that you drive:
:-ir. Levenson: I don't know that.
�•r. riirkala: I trunk you have to get that information before the public
stearin g .
Sasser: I would like to know what it is, exactly. Is it mobile or is
it a trailer that was hauled or pulled:
mr. Levenson: In order for it to be mobile it would have to be pulled.
Sasser: well, in lieu of it being driveable, I guess.
mr. PreesSla: Sir, would you like me to answer those questions:'
�►
Mr. Jasser : 'veil, I would like to have that information befol'e tete :.ext
public rlearing. 1 would like t1- Coiling Admliiistrat0l' to �be able L
prUvictc its witrl that information. You Have photographs ei it, 1 beiie've.
i coin Crit' L Le11 1 - r11e vLJpies .
..., -,."
;Vappingon ng Board
1
Yiinutes - october li, i Jit
Faye
lir. irka'la: 'r hese aren't to good.
1-ir. Sasser: I wound also like to know re
what the setbacks are. It appears,
frolti Lire map, 'Fiat it is sitting on the other" side of a fence but I ciorl't
irlow where the property line-- are from triose maps. I would line to '-now
YY_Iat the setbacks are and what is required there.
'even. -on: There is no drawing attached here either.
Mr. Nasser: Yes, I had a drawing attached.
Mr. hirRIala: But that drawing doesn't give you the property lines.
1yll.— Sasser: It didn't give me any information.
Mr. Levenson: we need a survey.
Mr. Jas .er: Yes, I need the survey.
;;awn Idema: would you like to look at the original photographs`.
Mr. Levenson: No, not yet.
Mr. Sasser: Yes, I would like to see ..... the public :hearing is good
enough for the photo's. I just want to really see what it looks like.o
i.► : want the survey and the definition of the setbacks.
iirkala: How big is the lot that is there,
Sasser : The survey will show us that. This doesn't tell us an Y 11.Lilg .
1rir. sasses: Is the Board going to require any other information.
Mr. Prager: I don't think so.
Jasser: I think we can entertain a negative dec..
iris. Leihigil: So moved.
1r. iiil'kaia: SeCGIid.
-Jvt_ . tA11 ayes.
Mr. Lehigh: I make a motion that the zoning Board of Appeals be the Lead
rigerlcy .
I"lr
Prager; Second.
Vote: All ayes.
r. .Jas ser That will be set for the public hearing on NoveMler vLrl •lire
t
�• neyL 'i Lehtl tonight iS Lands of Yanitelli 1-1i•�'/! A LLT Realty Corp. Ui c�.�. .�
n
Hppeal � 11 % _ requesting titiy a variance Lrom Article IV', Section wlle'1'e
"V -% we
wappinger z-Gning BGaru.
MLnu Leu - Vctolier 11, i794
Page 4
�►' iii Ly �:.%li) 1GGL hors l.alje ��+ re:1uir ed Grl a 1Gwrh, i:Gurlty or estate Read.
j L d
'1 ie Se are the two -Land-locked parce.is, righ tf They were subdiviucd lia%rl
111 the 6015 and leas been sitting there ever since like that.
i"ir. LeverLsGrl: Yes, we also have a parcel description from Mr. Logan, tri
:ne. files.
i"ir Sasser: And the driveway cut has been approved by the Towne
i"ir. 1LJensen: No, not yet.
1-1 r.. Hirkala: Is this a Town road:
�. Levenson: Smithtown Road is a county road.
1,1- lleillgh: who owns the other lot on the 'left side: Does that belong
z.: -..e same individual`: The lot on the left, the two in the center are the
ones that are land -locked.
Iir. Levenson: This is part of CLY Realty. It's the same owner. we are
talking about the four lots that are on the survey that you have. Each
Nile are owned by Mrs. Yanitelli A/K/A cLY Realty.
141 . Hirkala: when was- this subdivided:
Mr. Sias -ser: Back in the early bu's.
**AW
Mr. Hirkala: Is there anything on file on this subdivision that we can
Nave for information before the public hearing,:
Jasser: Is that what this deed is?
Mr. Levenson: These properties are owned since January 29, 196�.
M.L. Hirkala: were they owned since that time as separate lots or has it
lie=d subdivided since then:' Had it been subdivided since then, is rdere
arty record of the subdivision that we could read in the minutes,
Mr. Levenson: I'll have to research it.
PIL. Casser: I think that we have some of that. I don't know if you got
it all or not. we got this letter plus all of these deeds.
Hirkala: I didn't see anything about a subdivision.
Sasser: I think this shows when the lots were created which wouii
Show when it was subdivided. I think it was 'b - 'bb.
Mr. Levenson: The deeds will explain when it was done.
��_
1- r . Hirr-lala : if there is anything in the minutes Of the Planning Board
*%r public hearings for the subdivision, I'd like to see that information, if
ptius11.31e .
sir. Sassol': Does the Board require anything else: rice"b, dGesri't rlc
C
'rlappiriger Zoning rioaru
minutes - octorcl' ii 1'37%4
rage
`W �.vti I!LY iia V'' Lo a pi.iUve i.iie art v e w aY Lo Lile Luau.
.ii LC V e n s oil : rhey are coming in for a variance =Toile Article 1.
, b Liv.i
mr. sasser., Herb, correct me if I'm wrong, I read something somewhere
that the driveway is to be built to Town specs and that they have approval
from whoever is going to approve, I thought It was the Town but maybe it
i� rhe County, to do that.
lir. Hirkaia: The driveway has nothing to do with the County. The curb
CUE has to do with the County. The County has to approve the curb cut.
.L tyle County has no choice or if there is no other Way t0 get access to
the property, then they don't have any choice but to grant the curb cut.
rib. Sasser: This is what I read. The Highway superintendent has approved
the location of the driveway where it enters the public road. That is not
really appropriate, is it
Mr. Lehigh: No because that is a driveway, not a road. If it was going
to be a road then they wouldn't need us.
Mr. Levenson: The curb -cut will have to be approved by the County, the
driveway will have to be approved by the Planning Board.
Mr. Sasser: The driveway will be in conformance with the Town specs. 1111
easement maintenance agreement will be provided. Dawn, will you just make
surethat everybody has these deeds and that letter:
Mr. Lehigh: I have the letter and the deeds
iib . er ages' : I have them too.
Dawn Idema: They were all sent out in the package. Does anyone need more
,.pies
-L -he ;oard: we have copies.
lir. 0a-- DG WE have any discussion on �EukFl I dGri't bE11EVE trierE
are any impacts. Can I have a motion:'
ilr. Leigh: so moved for a Negative Dec..
Mr. Prager: second.
VOL=.- i 1 1 ayes.
lir. Lehigh: I make a motion that the the Town of Wappinger ZZ.B.A. be Leat
Pi l�erlt,Y .
111r . Pr ager : Second
*ftw
vote: All ayes.
Mr . asEer: lllat wli.i be set Lou a ptib'11C nearing arilig on i'dGVeltl SJer the C,Lih.
-!-he 1aSt item we have to -night JLS Larr aine Yagcfiotta. D15CUES appeal R l i / b
R
wapp=inger zoning Board
Minutes - i_ictober 11, 19 4
Page o
fir• regt.esting an inLerpretation of Iirticle IV, JeGLlOrt 422.3, whereas-
nightclubs
hereasnightclubs and cabarets are not permitted in t'i'le zoning district. Herb
aces the Town maintain any definitions I see the word "discotegi.e",
used in a number of places but not "nightclubs a cabarets!!. hoes tile Town
have a definition of the difference between them:
LM
Mr. Levenson: The interpretation that I rendered, it's in an HB district.
and It's riot an allowable use inthe district. They are asking for an
interpretation of nightclubs and cabarets.
Mr. gasser: .... vs. disco.
lir. Levenson: I think the law says restaurants.
Mr. gasser: What I read in the ordinance, by special permit, they allow
discoteques.
Mr. Hirkala: That is what he is asking for. He is asking for that
Definition.
Mr. gasser: I would 'Like for Al Roberts to provide some information, some
background, on that. I'm not sure that I would know the difference.
LspeclaiiY', at otic point In time, a dlsCotegUe was where they played
records. Nobody plays records anymore.
Mr. Hirkala: For what it is worth, there are acceptable the law iS
..n-erval, acceptable to the definitions to certain words that are
avaliable to us through the state Department or the Planning Federation.
We could use the guidelines to start with.
Mr. Levenson: I'll give you the definitions that are in our zoning Lair at
tate present time and I'll give you the definitions in the Anderson's boor:
aL trie present time.
;•ir. gasser: well, let me just ask you a question then, what would prevent
tate appilcant from calling himself or herself a disco and then get a
gpeciai re1'miti'
Mr. Levenson: I don't know if it is allowable.
Mr. gasser: In my opinion it is. It's written right in the special
reriiiits .
Mr. Lehigh: Not in Highway Business, it's not.
gasser. I believe it is. Yes it is. Look up 4-12.3, unless I read it
wrong, fi. Recreational Use developments such as swimming, racket course,
heaitit clubs, etc.. Places of amusement, billiard parlors, bowling
ali.ey- , CI1"c"oLeques .
t".r Lehigh : You are right, i missed that.
Mr. Sasser: That 1" the information I'm going to need.
Mr. Leven -con.- i' v e r endere'u an opinion. i ' m the officer that render" the
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•ttiappinger Zoning Board
minutes - October 11, 19y4
Page 7
'1r► opinion. Nly opinion iS appealable to Lice 'Zoning Board.
Mr.
-I _L O e of tree other things we have to take a hard Toon at, i'.i,
fooling for the definitions in our Zoning Law. There is no definition f`:r
discoteque in our Zoning Law. That goes back to what I said before, we
gave to get some guidelines to start with as to what the definition of
Ulf.
rent statements are. It might very well turn out that this boas ca
say tr;at discoteque and nightclub are the same thing.
I—. . Levenson: I'll give you the definitions that exist in the law today.
lir. 7irkala: O.K., I think that is where our starting point would be.
That I would like from the applicant is some sort of statement as to, all
we have 'mere is a basic interpretation request. I'd like to see some sort
o� statement from the applicant as to what they envision the scope of the
operation to be. some more data as to what they envision their operation
LU be.
lir. Sasser: I would agree to that because then we can compare that with
LI -le definitions .
.... Levenson: I'll get you a statement of operation from the applicant
froiu the Contract vendee.
•;r. Hirkala: If it is at all possible Herb, I would like to see as muc1hi
information from the applicant as possible. otherwise, in my view, I
'"" would have to defer the orientation until we go through the Planning board
rd and read the Planning board minutes.
lir . baser. Any other information': Motion to adjourn:
�Yr. Leriigh: so moved.
Mr. Prager: second.
vote: All ayes.
:�i :;n i Ntr ADJJOURNED AT 8:02, P.M..
Respectfully submitted,
Dawn Idema, secretary
Town of Wappinger Zoning board of tippeals
on