Loading...
1994-05-24Town of Wappinger *,,,,May 24, 1994 Agenda - 7:30 P.M. Zoning Board of Appeals Approval of the March 22nd and April 26th minutes. ..V Town Hall 20 Middlebush Road Wappinger Falls, N.Y. PUBLIC HEARINGS 1. Appeal #1166 - At the request of 7 - Eleven Stores / Northeast Div. which are seeking a variance from Article IV, Section 416.62 of the Town of Wappinger Zoning Law (sign law) where you are required to maintain 25 square feet of signage and you are showing 49.8 square feet, requiring a 24.8 square foot variance. The property is located at the intersection of Route 9 and Old Hopewell Road and identified as Tax Grid #19-6157-02-614569-00 in the Town of Wappinger in accordance with map depicting proposed sign location dated March 17, 1994 and prepared by Gray, Railing & Heinsman, Engineering & Surveying, P.C.. PLEASE TAKE FURTHER NOTICE, the Zoning Board of Appeals has declared itself Lead Agency and has made a Negative Declaration of Significance for this project on April 26, 1994. 2. Appeal #1167 - At the request of Robert & Antonette Monte who are seeking a variance of Article IV, Section 412 of the Town of Wappinger *... Zoning Law to allow the issuance of a building permit on a lot which does not have legal frontage on a Town Road on property located on Myers Corners Road and identified as Tax Grid #19-6258-02-894596-00 in the Town of Wappinger. PLEASE TAKE FURTHER NOTICE, the Zoning Board of Appeals has declared itself Lead Agency and has made a Negative Declaration of Significance for this project on April 26, 1994. 3. Appeal #1168 - At the request of Philip DiNonno, D/B/A B & B Auto Specialists, who is seeking two (2) variances from Article IV, Section 422.25 of the Town of Wappinger Zoning Law as follows: A. Front setback requires 50' and you are showing 401, requiring a 10' variance; B. Rear setback requires 50' and you are showing 421, requiring an 8' variance. The property is located on Route 9 and Smithtown Road and identified as Tax Grid #19-6157-04-730008-00 in the Town of Wapppinger. PLEASE TAKE FURTHER NOTICE, the Zoning Board of Appeals has declared .itself Lead Agency and has made a Negative Declaration of Significance for this project on April 26, 1994. En ,.me Wappinger Zoning Board Agenda - May 24, 1994 Page 2 4. Appeal #1169 - At the request of Frederick J. Becker, Jr. who is seeking two (2) variances of Article IV, section 412 of the Town of Wappinger Zoning Law to allow the issuance of variances on two lots which do not have legal frontage on a Town Road_ The property is located on the southwest side of Old Ketchamtown Road and identified as Tax Grid #19-6156-01-317948-00 in the Town of Wappinger. PLEASE TAKE FURTHER NOTICE, the Zoning Board of Appeals has declared itself Lead Agency and has made a Negative Declaration of Significance for this project on April 26, 1994. rn OWA 1"1W Town of Wappinger Zoning Board of Appeals Town Hall May 24, 1994 20 Middlebush Road Minutes Wappinger Falls, N.Y. 'fir► Members Present Mr. Sasser: Chairman Mr. Hirkala: Vice Chairman Mr. Lehigh: Member Mr. Bitterlich: Member Mr. Prager: Member APPROVED Others Present Herbert J. Levenson, Zoning Administrator Jv:� Dawn Idema, Secretary to the Z.B.A. P'iJ11MNNG 80MD ZONN 90W Of APPS A Mr. Sasser: I call the May 24, 1994 Town of Wappinger Zoning Board of Appeals to order. Will the clerk please call the roll? ROLL CALL Mr. Levenson: Mr. Chairman, all marked present. Mr. Lehigh: I make a motion to accept the March 22nd and April 26th minutes. Mr. Bitterlich: Vote: All ayes. Second. Mr. Sasser: Both sets of minutes have been approved. The first item on the agenda tonight is Appeal 41166. At the request of 7 - Eleven Stores / Northeast Div. which are seeking a variance from Article IV, Section 416.62 of the Town of Wappinger Zoning Law (sign law) where you are required to maintain 25 square feet of signage and you are showing 49.8 square feet, requiring a 24.8 square foot variance. The proposed property is located at the intersection of Route 9 and old Hopewell Road and identified as Tax Grid #19-6157-02-614569-00 in the Town of Wappinger in accordance with map depicting proposed sign location dated March 17, 1994 and prepared by Gray, Railing & Heinsman, Engineering & Surveying, P.C.. Please take further notice, the Zoning Board of Appeals has declared itself Lead Agency and has made a Negative Declaration of Significance for this project on April 26, 1994. Do we have proof of publication? Mr. Levenson: Yes, we have proof of publication on all of the cases pending before this Board tonight. Mr. Sasser: Is there someone here from 7 - Eleven? Mr. Adams: Mike Tackas and myself. Wappinger Zoning Board Minutes - May 24, 1994 Page 2 %ow Mr. Hirkala: I make a motion to open the public hearing. Mr. Lehigh: Second. Vote: All ayes. Mr. Adams: 7 - Eleven is requesting two variances. The first one is a height variance. The ordinance limits the height of signs to ten (10) feet, we are requesting twenty (20) feet. The current sign, another reason why I gave you that picture, is actually taller than the sign that we proposed to put in place, six inches or so. Never the less, it is relevant if you want to take the scale of the existing sign that they measured in comparison, we are actually coming down a little. We are not going up any higher. Mr. Sasser: How much are you coming down? Mr. Tackas: 8/10's of a foot. Mr. Sasser: How much is 8/10's of a foot? Mr. Tacas: About 711. Mr. Adams: Additionally, we are requesting a variance in terms of the size of the sign. The factor that makes our sign larger here is the informational portion of the sign. If you look at the sign detail you'_i %aw see that approximately half the size of the sign is allocated to the gas prices. If that was not there we would be in conformity. As you all know, we are obligated to despose to the public as well as possible the current price being charged for gas. We believe that sign is consister_= with our obligation. The current signs have an aggregated area of 34 square feet. There is, to some extent, an increase if you want to use -he current situation as a standard comparison. There is an increase here of 16 sq. ft. from the 34 sq. ft.. The sign that we propose to design is a standard 7 - Eleven sign. It is also somewhat similar to what the Teta-1 industry is doing in the gasoline business. That is to say, I'm sure you've all seen as you drive up and down Route 9, newer signs of comparable layout of that size. Obviously, we are in a very compe-�itiv= business. One of the factors which we have to consider is that our competitors up and down Route 9 have comparable signs. We are not t_ry-n= to out -sign them. It is simply to have something that is comparable tc them. In going through the standards for an area variance which we are seeking here, the first issue that we have to address is whether or no= any undesirable changes will be produced in the neighborhood by th-= variance. I think the sign is compatible with the neighborhood. You =-e in a commercial neighborhood. You are in a very heavily traveled corridor. I don't think the sign detracts at all from the neighbc_hoc-_ It is consistent with the character of the neighborhood. I would a] -so suggest that in considering the sign that you consider not only the si -s of the Town, but the Village and Fishkill. Route 9 is really one commercial corridor. There aren't really any big, bold landmarks :s vc-= ,., go from one town to another that says that you are in one town. T e character of one town is not easily distinguished. The Village, T-,wn =_ Poughkeepsie and the Town of Wappinger all sort of blend together t=_= you have one consistent character, at least in this portion of Rou--e 9_ cm Wappinger Zoning Board Minutes - May 24, 1994 Page 3 One of the other issues that we have to address is whether or not the size of the sign will have any adverse impacts on the physical or environmental conditions of the neighborhood. Again, you have a very well developed commercial corridor. I think your Negative Declaration shows that you are confident of that. This is consistent with your interpretation that the size of the sign will not have any adverse environmental impacts. Conceivably, we could plan a smaller sign, that is always possible. But again we don't think it is consistent with what we are trying to obtain at that location in terms of harmonizing the size of the sign with the other site improvements that have been recently put in, for instance the canopy. A sign of this size, that canopy will sort of dwarf a smaller sign. You need to have some type of compatibility between the two. We believe that sized sign will achieve that compatibility without being offensive in terms of being excessive in size. The other point I seem to need to make again is that, actually, when you look at the figures, the existing sign is acceptable in size. The proposed sign, I think, is more attractive and will accomplish better our objective. That is, to make it easy for the traveling motorist to see the price on the sign and make a decision as to whether or not he wants to pull in or go to another competitors service station and obtain gas there. Mr. Bitterlich: How did they get the sign there in the first place? Mr. Sasser: Did it come from the old station that was there? Mr. Levenson: It predates the existing sign ordinance. `ftwl Mr. Bitterlich: How much bigger is this new sign than the one that is there? Mr. Sasser: 34 sq. ft. vs. 49 sq. ft.. It is 7" less in height. Mr. Lehigh: Do you feel you have to advertise that 7 - Eleven along with the gas prices even though you have a rather large 7 - Eleven sign that is on the face of the building that can be well seen from Route 9? Mr. Adams: We want the gas prices to be linked with the .... Mr. Lehigh: Well, I go by it everyday and see the gas prices with the sign that is there, existing. I have no problem telling what the prices are. I don't know why we have to advertise 7 - Eleven again with a big high sign like that. Mr. Sasser: What were the other changes that took place when you did t---e=- remodeling _=remodeling there? You put the canopy in. Mr. Tackas: We put in the canopy, islands and new lighting. Mr. Sasser: Is there any other signage that went out there? Any new signage? Mr. Levenson: No. r`, Mr. Sasser: Nothing on the canopy? Wappinger Zoning Board Minutes - May 24, 1994 Page 4 - Mr. Levenson: No. Mr. Sasser: The canopy is only colors. It doesn't say 7 - Eleven.on it. Mr. Levenson: It is only colors_ Mr. Adams: Actually, the canopy somewhat obscures the store. Mr. Hirkala: How are we handling those canopies now? Mr. Tackas: They are permitted as of 1989. Mr. Levenson: The Planning Board permits them by a use. Mr. Hirkala: There is nothing in the ordinance as far as it being a structure? Mr. Levenson: No, but they have to be sprinkled according to the rules pertaining to gasoline. They are all heavily sprinkled through the ceiling. Mr. Hirkala: The reason I am asking that is because we went through that whole situation with the guy across the street, with the canopy and everything. I think it was legally non -conforming on setbacks and everything else. I'm very confused as to how these things are handled anymore. There is nothing in the ordinance that says anything about them. Mr. Levenson: The Planning Board is handling it .... necessary requirements. Mr. Hirkala: In other words, the Planning Board is allowing it regardless of whether or not it is in the ordinance_ Mr. Levenson: Within reason. You can't cover the whole place with a canopy_ Mr. Lehigh: There is a Citco sign on it with a name on the canopy also. Mr. Hirkala: Which brings me to my next question. Some years back we had discussed the new requirements of the Federal Government that prices be posted_ Mr. Levenson: That has to be adopted by the County. Mr. Hirkala: Was there ever any discussion, to your knowledge, of how it was going to be handled in our sign ordinance? Mr. Levenson: No_ Mr. Hirkala: It seems to me that we have gone through ..... Mr. Levenson: The major oil companies are posting signs over .... Mr. Hirkala: I seem to recall there being some discussion on the post --'ng of prices and that it was not going to be handled by variances as long as Wappinger Zoning Board Minutes - May 24, 1994 Page 5 I it was on the pumps_ Mr. Levenson: That is the way it is. Getty has signs on it. Mobil has signs on it. They have signs on their pumps. That is about the only ones. All of the pumps on 9D .... Not like the ones you have ..... Mr. Hirkala: There is nobody else in the Town Mr. Levenson: Not like the ones you have at Mobil or .... Mr. Hirkala: So nobody else in the Town has a sign that advertises the pricing out on the ..... Mr. Levenson: That is right. Mr. Sasser: Would anyone in the public like to either speak for or against this? Let the record show that there was nobody. Does the board have any further questions? Mr. Levenson: I would like to make a comment with regard to Mr. Adams's statement about the conformity of signs in adjacent towns. We worry about the Town of Wappinger. We don't worry about any other place. You go into the Village and there is no conformity of signs there at all. Up until that huge sign at Imperial Plaza was there ..... many times I thought I would throw a stick of dynamite and ride by and blow it up_ Environmentally signs that big are dangerous to the motorists. They are driving down the road and looking at the sign and before you know it you have a pile up. It's happened there, Jon. Mr. Adams: I would like to see a study that says that Mr. Levenson. I only illuded to the other municipalities to show that the character of _he area isn't going to be effected. The character of the area has to be measured, not by geographical boundaries, but by .... Mr. Levenson: I can't interject a personal comment that was made by a relative of mine with regard to the signs in Wappinger and the signs in Fishkill and Poughkeepsie. That comment is not admissible into the evidence. Mr. Sasser: I would just like to make a comment on my opinion. I thin'-- that hin'-that the canopy is out there and I think when you drive by it you can t.l that, obviously, gasoline is being sold. I have driven by it several times since this application has come in and I can easily tell what the price of the gasoline is. There is a sign, it doesn't say 7 - Eleven, _- does say Citco. It is almost a 50% increase which I think is a substantial variance. I think that it is a busy intersection and there are a lot of signs there and I personally don't feel that this is necessary. Do we have any further comments? Would someone like to mak= a motion? Mr. Hirkala: I make a motion to close the public hearing. *4W Mr. Bitterlich: Second_ Vote: All ayes. cm eon Wappinger Zoning Board Minutes - May 24, 1994 Page 6 '+►Mr. Hirkala: I make a motion to decline the variance based on the conformity of the structure and the existing signage. Mr. Sasser: I would like to add my comments into there based on the worksheets we are using. Mr. Prager: Second. Roll call: Mr. Prager: Nay, yes to deny. Mr. Bitterlich: Nay_ Mr. Lehigh: I vote against the variance. Mr. Hirkala: I vote against the variance which is for the resolution. Mr. Sasser: Yes. Mr. Levenson: Mr. Chairman, all vote in favor of denying the variance. Mr. Sasser: That will be written up and filed with the Town Clerk - Mr. Adams: Fine. Thank you for your consideration. Mr. Sasser: You are certainly welcome. Mr. Bitterlich: Just out of curiosity, they can keep the signs they've got'?' Mr. Levenson: Yes, sure. Mr. Hirkala: The sign they have is based on what the previous .... Mr. Sasser: On the Shell station ._ Mr. Hirkala: Prior to zoning. It's not as big as anyone elses. Mr. Sasser: It is already bigger than .... The next item on the agenda is Appeal 41167 - At the request of Robert & Antonette Monte who are seeking a variance of Article IV, Section 412 of the Town of Wappinger Zoning Law to allow the issuance of a building permit on a lot which does not have legal frontage on a Town Road on property located on Myers Corners Road and identified as Tax Grid #19-6258-02-894596-00 in the Town of Wappinger. Please take further notice, the Zoning Board of Appeals has declared itself Lead Agency and has made a Negative Declaration of Significance for this project on April 26, 1994. Proof of publication? Mr. Levenson: I have proof of publication and the mailings are in order. I have one response to your request. There was a request made at the last meeting with regard to Mr. & Mrs. Parlapiano's variance. They were granted a variance, #86883, on March 18, 1986. . Mr. Sasser: That was for the other house that was built there. Mr. Hirkala: Was that 1986? wappinger Zoning Board Minutes - May 24, 1994 Page 7 r.- Mr. Levenson: 1986, yes_ Mr. Sasser: Is that the big modern wood sided house? Mrs. Monte: Yes. Mr. Sasser: It is, O.K.. It is a very pretty house. For the record, who is going to ... ? Mr. Hirkala: I make a motion to open the public hearing. Mr. Bitterlich: Second. Vote: All ayes. Mr. Sasser: For the record, can we know who has visited this lot? Mr. Hirkala: I didn't drive down the driveway but I drove up to it, looked down, went down and back. I had visited the site previously for the previous applicant also_ REMAINDER OF BOARD HAD ALSO VISITED THE SITE. Mr. Sasser: I want to make sure that the board got everything that was sent out. Everybody got all of the new maps? We received this packet, which I presume Mr. & Mrs. Monte had made, showing us what the '%—expenditures were. We also, tonight, got this from the Fire Prevention Bureau_ Mr. Lehigh: I don't know what it means. Mr. Sasser: I'm not sure what it means either. Herb, can you explain that? Mr. Levenson: Their comment is that the house can be built in conforming with the Fire Prevention Law_ Mr. Lehigh: That is not what we asked for. Mr. Hirkala: That is not what we asked for. We didn't ask him to give us an opinion as to whether or not the house should be built in conformance or not in conformance with the fire code. Mr. Levenson: Well, that is the answer they sent us. Mr. Sasser: Wait a minute, no, he's talking about the driveway. Mark Liebermann and Mrs. Tompkins were there. It doesn't really say that much. It says they approve as long as it complies with the Town Ordinance. Mr. Prager: What does that mean? *OwMr. Lehigh: Well, the Town Ordinance would call for a road. Mr. Sasser: I think what we were looking to find out was if they felt there was a safety matter with equipment for getting down that driveway. 09 Wappinger Zoning Board Minutes - May 24, 1994 Page 8 `"" Mr. Hirkala: What we are trying to find out is what the fire people have to deal with, with that driveway. What they had to say about the condition of it and whether or not they want to comment. Who is this Joanne Tompkins? Mr. Levenson: Yvonne. Mr. Hirkala: She's the chairman. Mr. Sasser: There is another lot that was issued a variance. Correct? Mr. Lehigh: No. Mr. Bitterlich: It doesn't have a variance. Mr. Sasser: It certainly does as far as I am concerned, that there was another variance that was granted for the same purpose. It does have a variance and I can certainly say that my opinion is that we have to follow our own criteria. Mr. Hirkala: In my opinion, personally, I don't think there is any way that we can deny a person from using their property. You can't. Whether it is a private road or it is a public road. They own the property, they have a legal right-of-way. You have to give them a permit to build. The situation is not whether or not we deny a variance. The situation is whether or not there is a condition on the variance to satisfy any other concerns that might exist. Mr. Sasser: The public hearing is already open. Let's hear from the people that are here to speak. Is there. -anyone here who would like to speak? Mr. Parlapiano: Yes we are. Mr. Sasser: Can I have your names please. Mr. Parlapiano: Paul Parlapiano and my wife Regina. Mr. Sasser: You reside on the road? Mr. Parlapiano: Correct. Just as it was stated earlier, I don't see any reason they shouldn't be granted the variance. Along the grounds that my wife and I have a variance for property which is adjacent to theirs. There were already two established homes off of that driveway. Another home was just built two years ago on it. The driveway is a solid shale driveway, which everyone has a maintainance agreement to up keep. Mr. Cappelli owns the driveway itself. He owns the driveway. Mr. Levenson: They have to go into contract. Mr. Lehigh: You have no right-of-way on that driveway? Mr. Parlapiano: Yes, everyone there has a right-of-way. Mr. Sasser: Just for the record, everyone on there, in their deeds, has ,..r' Wappinger Zoning Board Minutes - May 24, 1994 Page 9 '%w an easement across that right-of-way. Everybody, by their deed, also is required to maintain that road. Mr. Monte: We have a road maintenance agreement. Mr. Sasser: There is an agreement to maintain it. Mr. Lehigh: We don't actually have a copy of it. Mr. Sasser: We do have it. Mr. Hirkala: We do, it's in this package. Mr. Levenson: You've got the contract. Mr. Hirkala: We got this at the last meeting, didn't we. Mr. Prager: By mail. Mr. Lehigh: I don't have a copy of it. Mr. Sasser: There is a road maintenance contract and agreement. Everyone is a part of that. Mr. Parlapiano, is that all that you had to say? Are you immediately adjacent to them? Mr. Parlapiano: Yes, we are just north. Mr. Hirkala: That would be the third lot in on the left. Mr. Parlapiano: That is correct_ Mr. Sasser: Is there anyone else who would like to speak? The applicant? I know you have provided us with a lot of things here. Is there anything that you wanted to add? Mr. Monte: Hopefully we have assisted the board enough that you can make a valid decision. We have provided the site plan and a booklet, hopefully it is informative. Mr. Sasser: What was that, a 1.2 acre lot? Mr. Monte: 1.2, correct. Mr. Sasser: It's a buildable lot? Mr. Levenson: It's a buildable lot. Mr. Parlapiano: The only other thing that I should mention is that frc-_ time to time some of us have required service from Central Hudson to cc down and service the electric. They didn't have any problems with their trucks. Mr. Sasser: You are getting town water there? Mr. Parlapiano: We have town water. When I built, I had two tractor D Wappinger Zoning Board Minutes - May 24, 1994 Page 10 trailer trucks come down, not to mention all of the contractors, but as far as the solidness of the driveway, it is solid shale. I know, I built a water line through it. Mr. Sasser: These people all have a contract to maintain this road. They have to keep it to driveable standards. I don't have a problem with it. Mr. Lehigh: Is there any reason why the pillers are so close? They couldn't be farther apart? It seems like you have a lot more road there that is graveled and stoned and taken care of. There is a considerable amount of room. That could be made into a road without any problem what -so -ever. Mr. Sasser: Well, there is a lot more to making it a road than just widening the pillers_ Mr. Lehigh: If you widened the whole road and didn't move the pillers, it wouldn't do you much good_ Mr. Levenson: It wouldn't do you any good. Mr. Sasser: Nobody is talking about widening the road here, are they? Or did I miss something? rr Mr. Lehigh: I asked a question. Mr. Sasser: About moving pillers. Mr. Hirkala: And widening the road too.. Mr. Sasser: Oh, and widening the road. Mr. Lehigh: I asked a question but you're not giving me a chance to get an answer. I wasn't asking you, I was asking them. Mr. Sasser: I understand but I want to understand what is going on also. Mr. Lehigh: Listen, I was asking if there was any reason that the pillers are set in so narrow' Mrs. Parlapiano: Just that it was established. It was there from the very beginning when the first property was ever sold. It is a very old farm. It's been there for years. Mr. Lehigh: There are no reasons why the pillers are that close. I understand, to get the house in, one has to be taken down and you are talking about taking it down and putting it back. What I am saying is, looking at it as a viable and easy way to get in, it would make it a lot easier ...... - Mr. Monte: To put it back in a different spot and make it bigger. Mr. Lehigh: That's right. Mr. Monte: That's no problem. Nw cm VAWO" Wappinger Zoning Board Minutes - May 24, 1994 Page 11 Mr. Hirkala: Has any of the people that lived there ever considered the problem that might occur in the case of an emergency, trying to get emergency vehicles down that road? Mrs. Parlapiano: There have been fire trucks, not that there have been any fires, but a couple of times they have had to come down looking for a location. They have come down in the middle of the night with no problem with their search lights. My own father, who lives with us and is disabled, I want to make sure that I could get emergency vehicles down there if there was a problem_ Mr. Hirkala: You do realize that if there is a problem, one truck gets down there .... nothing else gets down there. That driveway is blocked. Mr. Lehigh: You have to look at the worst time. When you have 8" of new snow on the ground and somebody gets sideways in that driveway because it is not properly taken care of and the ambulance is on the other side .... you're out of luck. Mrs. Parlapiano: Yes, but who says that it's not plowed or properly taken care of. We all have ._ Mr. Lehigh: Looking at the road, it's not a very wide road. It is a steep road, and I'm calling it a road and I shouldn't be because it's a ,,,,driveway. When you have a fire down there, the firemen are all volunteers, you are not going to see just one truck there. 'If you have a fire you are going to see about 30 cars along with trucks. They come from home, they don't come from the fire station. What we are saying to you is that the pillars in at the road .... I think there is a hazard there. Mrs. Parlapiano: Maybe that is a good idea to move the pillars and widen that up but as far as ..... like I said, there have been trucks that have come down there with the other little fire trucks that come behind them and the big, big fire truck and all of the other ones. They have all come down there. Mr. Sasser: I don't believe the applicant .... you are not the owner of the pillars, are you? Mrs. Parlapiano: No. Mr. Sasser: That is owned by an individual. if they want to. Mr. Monte: Al Cappelli. Mr. Sasser: The owner must move them. Mrs. Parlapiano: Yes, he's a reasonable man. They can't move the pillars *ft,..Mr. Prager: Also, it has nothing to do with their variance. Mr. Sasser: It has nothing to do with their variance. You are absolutely right_ En Mr. Hirkala: I wouldn't agree with that at all that. Mr. Sasser: Why not? lame Wappinger Zoning Board Minutes - May 24, 1994 Page 12 I wouldn't agree with Mr. Hirkala: Because of the fact that any variance that we grant, we are responsible for granting the variance. If there is any dangerous condition that exists and we grant a variance then we are liable. Mr. Sasser: Yes, but those pillars are not in a situation .... the pillars themselves that create any type of danger at all. Mr. Hirkala: No but in your opinion.... Mr. Sasser: What couldn't fit through because of the pillars? A house, that is about it. Mr. Hirkala: I don't know. Mr. Parlapiano: The dangerous condition also exists for the people that already live down there_ Mr. Lehigh: That's right. Mr. Hirkala: That's right, it does. Mr. Parlapiano: It takes a lot of cash to do that, sewer system, paving, curbing, etc._ Mrs. Parlapiano: If the Town wants to make that a road, I'd be all for it. MIXED DISCUSSION Mr. Sasser: Wait, let's stop right now. We are not going to get the dialogue back and forth. This is a public hearing and that is not going to happen. Make your point. Mr. Hirkala: The reason you have to have town road frontage is because the Town, legislatively years ago, made a determination that they did want private roads as a matter of course in the town. They wanted roads to be Town roads in the town. That is why you have a condition in the ordinance that states that you have to have road frontage. That is why you are here for the variance. If you want to have a Town road, you can petition the town, but I can tell you right now that you would have to up -grade that road to Town specifications. which means, do exactly, widening it to Town specifications, making the depth to Town specifications, put drainage in to Town specifications at your expense, prior to the Town taking it over. So before anymore further discussion comes along that line .... the point I am trying to bring up is, one of my concerns is granting a variance ,thereby putting the Town in a position where there is a liability for a future problem that might occur because of an emergency situation. You, as a resident of the town, have said that there is no problem with that. You, as a resident, with the road , said there is no problem with that. Mould you go on record to say that you would not hold the Town liable for Cm rm Wappinger Zoning Board Minutes - May 24, 1994 Page 13 any emergency's that might occur because of the road situation down there? Mr. Parlapiano: I would think that would be up to each individual home owner. Mr. Sasser: Mike, you are not even talking to the applicant. Mr. Hirkala: I'm trying to make ._ Mr. Sasser: You are talking to a member of the public, not the applicant. Mr. Hirkala: I'm trying to make a determination in my own mind as to how important this is to anybody that lives there. Mr. Sasser: But that has nothing to do with the applicant making an application. Mr. Hirkala: It bares directly on what my consideration is for the variance. Doesn't it? Does it? Mr. Sasser: I don't think so. Mr. Hirkala: Well, that's your opinion. To me, it bares directly on it. We've been here before. We were in other situations the same way and as a matter of fact in another situation we put a fire truck down that road and ""'"that was coming back out of it. This road was finished and wider than the one that exists and I had to turn off the road, into a driveway, to allow the fire truck down there. Which means that only one vehicle can get in there and out of there at one time_ Mr. Levenson: I put my car along side of the tanker and we drove down along side of each other to the bottom of the hill of Johnson Place. Mr. Hirkala: Well, I was coming out of there with my pick up truck and I couldn't fit. I had to pull into the driveway. Mr. Levenson: I took my Town car and put it right along side of the tanker. Mr. Sasser: Does the board have any specific questions they would like to ask the applicant? Mr. Lehigh: Yes, I do. I would like to know just how wide that right-of-way is. Mr. Sasser: Is it on the map? Mr. Lehigh: I didn't see a measurement on it. I thought that maybe in the minutes that you got, there might have been something, but I didn't. *MW Mr. Levenson: Twenty feet. Mr. Sasser: Twenty feet? Mr. Levenson: Yes. 0 OWA Wappinger Zoning Board Minutes - May 24, 1994 Page 19 Mr. Larry Paggi: Right and that setback, you should note, the reason the setback really is only 151. For this zone, the fact that we have a residential property next door, adjacent to it .— Mr. Sasser: Is that a stockade fence there? Mr. Larry Paggi: It exists. There is a lot of existing natural vegetation there. Mr. DiNonno: Mr. Chinella is very happy with us. That is his property, that lime_ Mr. Hirkala: How about Mr. Henzler? Mr. DiNonno: Mr. Henzler? That is all swamp back there. There is about 400' of swamp there. Mr. Levenson: The interesting thing that you should know about it is that 2 or 2 1/2 years ago Phil put up a fence and created that yard. He provided it. I've gone by there two years since the fence is up and you never see a car outside when he is not operating. Mr. Sasser: There is no detriment nearby and it really is screened well. The neighborhood is not going to change at all. There are other means to change it but I don't know that they are practical means. Mr. Levenson: I would recommend, Mr. Sasser, that you refer this to Mr. Sasser: As normal, as usual, we are probably going to ignore whatever you recommend.. Mr. Lehigh: I make a motion that we close the public hearing. Mr. Prager: Second_ Vote: All ayes. Mr. Bitterlich: I make a motion to accept the variance as requested. Mr. Prager: Second. Roll call: Mr. Pager: Aye. Mr. Lehigh: Aye. Mr. Hirkala: Aye. I would like to put in the findings of fact that the lot is an odd shaped lot. Mr. DiNonno: If the building was 10' over, we wouldn't be here. Mr. Sasser: I would like to add my findings as well that it is not .•detrimental because of the screening. There is no change ...... Mr. Levenson: That is in the printed form that we use_ Mr. Sasser: I would like it in the record with regards to my vote in 09 -"d` Wappinger Zoning Board Minutes - May 24, 1994 Page 20 findings of fact. Mr. Levenson: Oh, fine. Be my guest. Mr. Sasser: We find that the variance is insubstantial because it is a small request. I vote Aye. Mr. Bitterlich: Aye. Mr. Sasser: It will be filed within five days. Thank you gentlemen. Mr. Larry Paggi: Thank you. Mr. Sasser: The next item on the agenda is Appeal 41169. At the request of Frederick J. Becker, Jr. who is seeking two (2) variances of Article IV, Section 412 of the Town of Wappinger Zoning Law to allow the issuance of variances on two lots which do not have legal frontage on a Town Road. The property is located on the southwest side of Old Ketchamtown Road and identified as Tax Grid #19-6156-01-317948-00 in the Town of Wappinger. Please take further notice, the Zoning Board of Appeals has declared itself Lead Agency and has made a Negative Declaration of Significance for this project on April 26, 1994. Proof of publication? Mr. Levenson: They are all in order Mr. Chairman. Mr. Sasser: Thank you. Can I have a motion to open the public hearing? Mr. Bitterlich: I'll make a motion to open the public hearing_ Mr. Levenson: You have a letter dated May 6th .... ? Mr. Sasser: I'll second the motion to open the public hearing. Vote: All ayes. Mr. Levenson: Do you have any questions with regard to the letter? Mr. Hirkala: I have a question in regards to the final resolution of who adjoins the property to the east. Is it Stonykill? Mr. Levenson: Yes, Stonykill. Mr. Hirkala: Was the State notified? Mr. Levenson: Yes. Mr. Sasser: Did the State respond? Mr. Levenson: They did not respond. They sent a card back. � Mr. Hirkala: Who signed the card? Mr. Bitterlich: They sent the card of registration back. Mr. Sasser: Right, which is the only thing .... Wappinger Zoning Board Minutes - May 24, 1994 Page 21 Mr. Hirkala: Where was it sent to? Stonykill? Mr. Sasser: No, the Department of State. or do you notify the County? Mr. Hirkala: It wouldn't be the County. It is a State function. Mr. Levenson: N.Y.S. Department of Education. Mr. Hirkala: The Department of Environmental Conservation owns it. Mr. Levenson: No, the property is owned by the N.Y.S. Board of Education. Mr. Sasser: That is correct. Mr. Hirkala: Herb Eshpock is the manager there. He works for the D.E.C.. Mr. Levenson: The Board of Education operates the property. D.E.C. is in there either on a lease agreement or some sort of an agreement. Mr. Sasser: Is there anyone in the public that would like to speak for or against this in the public? As a member of the public, you certainly are. Mr. DiNonno: As a Planning Board member? NO Mr. Sasser: Can I have your name please? No, I think you can speak as Mr. Hirkala: As a member of the Planning Board, he is in the minutes. Mr. DiNonno: Can I clarify the notes that were sent to you? Mr. Sasser: Sure. Mr. DiNonno: In my opinion, what I was trying to bring out at the Planning Board meeting was that according to our Town Ordinances Mr. Becker could, if it fit, a six lot subdivision on that piece of propert- . He could bring a Town road out right there. I, myself, don't see the difference between a 25' wide Town road coming out on that road, which -s Old Ketchamtown Road. It's off ... Mr. Sasser: Or a driveway. Mr. DiNonno: or a double -wide driveway. So that is why I was recommending for a variance. I also see an easier use of the property as far as emergency equipment. Two houses back there, that is all you have to worry about. Two houses, two septics, two wells, vs. six wells, si:= septics .... Mr. Sasser: That is a good point. One of the things that I am concern=a about though, and this is different than the last case, here you have rrrsuppose we do need a driveway ... two lots .... What is going to happen when it comes to six months down the road and someone else wants to div_=de it? Mr. Hirkala: They would want to do the same thing. Nw Wappinger Zoning Board Minutes - May 24, 1994 Page 22 Mr. Sasser: Then I think we are setting bad precedence. Mr. Hirkala: What they would want to do then is establish a private drive and they would have to get a variance to do that. They would want to subdivide a piece of property off a private drive. They would have to come to us to do that. Mr. Lehigh: One characteristic of this subdivision, he is land -locked by lots. Mr. DiNonno: May I add something? When they did the subdivision of this piece of property, at that time, the Zoning Ordinance provided 25, frontage for a driveway, which they allowed for plus 101. Since then the Zoning Ordinance has changed. Mr. Hirkala: I would like, right now, to stop that statement from going any further. The reason for that is, if that thought, if that kind of reasoning was allowed to exist then everybody who had something before a change in zoning is entitled to it. That doesn't make sense. The person who owns the property .... Mr. DiNonno: Something was brought up at our Planning Board meeting, by one of the members, that he did this to himself by subdividing the property that way. But at the time he was subdividing it, it did conform. So, he did do it to himself, but at the time it would have allowed for a two lot subdivision. Mr. Hirkala: The thing that has to be looked at is the person that, if that were the case every time, was under legal ...... legally notified through the legal notices that this was going to happen then he had an opportunity to comment on it at the public hearing. He also would have had an opportunity to make an application for a subdivision prior to that happening, so that he could come in with a prior request. I know people, as a matter of fact, somebody in this room did it. They went through that whole package because of that. There is recourse in what you are bringing. up. To me, that is not a valid consideration. Mr. Sasser: Mr. Becker, could you tell us what you are looking to do with the property, exactly? Mr. Becker: Probably sell it, to build one house. It's got 60' of road frontage there. It's wide open, no problem. Two driveways can go back. As the property goes back it gets wider. Mr. Sasser: Have you considered putting a cul-de-sac in there? Mr. Becker: I can't afford it. Mr. Hirkala: I was reading here in the minutes from the Planning Board the discussion. I didn't realize that you had that subdivision on this - property. How many lots ... Mr. Becker: In 1984 I built this house that I live in now, which is the one in the middle of the 10 1/2 acres. Ray Kihlmire did it. I checked, legally, to see what I would need if I wanted to put another subdivision En ,GeV, Wappinger Zoning Board Minutes - May 24, 1994 Page 14 Mr. Larry Paggi: Right here? Ten feet_ Mr. Levenson: Ten feet, I'm sorry. Mr. Larry Paggi: Eleven feet_ Mr. Levenson: I'm sorry, I was looking at the wrong scale. Mr. Sasser: I don't think granting the variance changes anything. Herb, what year was that other variance granted? Mr. Levenson: 1986, ##86883 on March the 18th. Mr. Parlapiano: I believe the right-of-way itself is 20' in width but the road itself, he just measured it, is 11' or 121. That should be on the site plan, the width of the right-of-way. Mr. Hirkala: It's not. Mr. Parlapiano: Isn't it on my site plan Mr. Levenson? Mr. Hirkala: There is a scale and the driveway is on it. Mr. Levenson: Measuring it on the scale, it's about ill. It's probably yam, 20' wide on Mr. Prager: Isn't there some specifications for driveways in the town? Mr. Levenson: No, we only have road site. Mr. Prager: None for ... Mr. Hirkala: The highway specs..... Mr. Lehigh: Grades. Mr. Levenson: All you have to ... Mr. Sasser: You are right, there are grade specs. Mr. Levenson: Grading specs, but that is not specs for the driveway. The only thing, when you build a single family house and you are on a real road, you have to put 25' of black top on the bottom of the driveway. That is all that is required. Mr. Hirkala: What you are saying is that you have to put 25' in, that's it- Mr. t_Mr. Levenson: That's it. ,. Mr. Hirkala: The top half.... Mr. Levenson: You can put gravel. Mr. Sasser: Can we have a motion to close the public hearing? M 0" Wappinger Zoning Board Minutes - May 24, 1994 Page 15 Mr. Bitterlich: So moved. Mr. Prager: Second. Vote: All ayes. Mr. Bitterlich: I make a motion that we grant the variance. Mr. Sasser: I'll second that motion. I would like to add that I think it should be granted because there is no change to the property. I don't think it is going to change the character of the neighborhood at all. The only other feasible method to achieve and benefit is to widen that road and have everyone share the cost, perhaps. I don't think the variance is substantial. I believe that there is a precedence and I believe it should be followed. Mr. Hirkala: What precedence? Mr. Sasser: I believe that there .... Mr. Hirkala: What are you setting on a precedence? Mr. Sasser: We just got the road in. I think that other people felt that this was not exactly the same situation so there was no precedence. I *AW feel that it is. Mr. Hirkala: Same situation as what? Mr. Lehigh: As the other ... Mr. Sasser: I believe that we are bound to follow it. There was another variance granted on that road. Mr. Hirkala: I made a comment at the beginning of the meeting, at the opening of the public hearing, of my opinion. I still feel ... I think legally you are going to find that opinion, there is no way that you cannot grant this variance. Do you know what I'm saying? Mr. Sasser: I believe what you said was that there was no way we could deny the homeowner the use of the property. Mr. Hirkala: That's right. There is no way that we can deny this variance. Mr. Bitterlich: I don't believe that this request for a variance has any relationship to a prior request for a variance. Mr. Sasser: And I believe that it doesn't without the .... can we have a roll call vote on this please. ,,.,.Roll call: Mr. Prager: Aye. Mr. Bitterlich: Aye. Mr. Lehigh: Nay_ Mr. Hirkala: I'm going to vote aye primarily because of my previous comments that we cannot deny the people use of their property. I strongly Wappinger Zoning Board Minutes - May 24, 1994 Page 16 suggest that somebody approach the problem of the front of the driveway that have an access problem for emergency purposes. I think legislatively ..... or somebody should get a hold of that problem and really take a look at it and maybe they can come up with some answers. We are bound by law and by the rights of the owner. Mr. Sasser: Aye. Mr. Levenson: Mr. Chairman, a four to one vote in favor of the variance. Mr. Sasser: It has been granted and will be filed within five days. Mr. Levenson: Through the process of discussing taking down the pillars, let's talk to Mr. Cappelli_ Mr. Monte: Well, I spoke to him about it. I had his approval to .... Mr. Sasser: And put it back_ Mrs. Monte: We can move it but we have to put it back. Mr. Monte: Well, not destroy it. In other words, he thinks that the pillers look nice. Mr. Sasser: That is fine. MUFFLED VOICES Mr. Monte: I think that I can agree with him on that. He is very sociable. Mr. Levenson: If you have any problems, I'll be glad to talk to you. Mr. Monte: Thank you for your assistance. Mr. Sasser: The next item on the agenda tonight ...... Mr. Hirkala: Based on what I said before about the possibilities of having .... we have a member of the Planning Board here. Could you bring that up at the Planning Board at a meeting sometime? Mr. Levenson: In order to bring that up to the Planning Board ..... we will go to the Town Planner first. we will bring it up at the .... Mr. DiNonno: The situation that we have run into is that you can't do i_ now, new. Because there is property on private driveways. What are you going to do with it? Mr. Hirkala: Check with the Planner. it_ 'r..r Mr. Sasser: We just did. Mr. DiNonno: All we can do is deny it. I think there are ways to deal wi,�:h cm On Wappinger Minutes - Mr. Hirkala: You have access to the Planner. We don't. Mr. Sasser: Appeal 41168 - At the request of Philip DiNonno, Mr. Lehigh: Denied.. Mr. Hirkala: Denied. Zoning Board May 24, 1994 Page 17 Mr. Sasser: D/B/A B & B Auto Specialists, who is seeking two (2) variances from Article IV, Section 422.25 of the Town of Wappinger Zoning Law as follows: A - Front setback requires 50' and you are showing 401, requiring a 10' variance; B - Rear setback requires 50' and you are showing 42' requiring an 8' variance. The property is located on Route 9 and Smithtown Road and identified as Tax Grid #19-6157-04-730008-00 in the Town of Wappinger. Please take further notice, the Zoning Board of Appeals has declared itself Lead Agency and has made a Negative Declaration of Significance for this project on April 26, 1994. Proof of publication.? Mr. Levenson: All of the receipts are in order. Mr. Chairman, well you might as well open it because I want to read this letter. Mr. Lehigh: Motion to open the public hearing. Mr. Bitterlich: Second.. Vote: All ayes. Mr. Levenson: You received a letter dated May 9th from me that gives you the history of this project. (Reading letter) As per your request, we list below the history of the building permits that have been issued to date on the above parcels. The interesting thing about this history is, all of the building permits that were issued have been C.O.'d and are in order. You see, in the letter, new construction on 11/27/92, alteration of the commercial shop. Line 1 was new construction of a building. Mr. Hirkala: Is that date, 1992, true? Shouldn't it be 1972? Mr. Levenson: 1972, I'm sorry. I will have to tell my secretary. Mr. Bitterlich: Put this off for another month. Mr. Levenson: I thought you were going to put it off until Christmas and you were going to give it to him for a Christmas present. Line 2 - was 10/28/76 and that was an alteration to the existing building. Eight sheetrock's, steel doors, spray booth and a wooden front door installed C.O.'d on the 23rd of November, 1976. 11.1r3 - 9679 was in the Commercial District. Additional commercial building, automotive - C.O. 791681218: - that was an addition to the rear of the building. Line 4 was building permit 84167 - additional commercial. Addition to a building for a spray booth. As I say, gentlemen, all of these, it is one of the few commercial jobs that we have in our posession where when you look over on the right hand side of the print out, you see that a C.O. is issued. T^ey are all legal changes_ on Wappinger Zoning Board Minutes - May 24, 1994 Page 18 Mr. Hirkala: They are all legal changes? Mr. Levenson: Yes sir. Mr. Sasser: Were there any variances granted for this? Mr. Levenson: No. Mr. Hirkala: So, the discussion that we had at the last meeting as to whether any of this pre -dated zoning ..... none of this pre -dated zoning. It all comes in under the zoning. What about the setbacks? Were the setbacks back -dated? Mr. Levenson: The setbacks were conforming with the ... then .... Mr. Hirkala: So, the setbacks today are legally non -conforming. Mr. Levenson: Right. Mr. Sasser: They are legally non -conforming because .... Mr. Hirkala: Because at the time of construction, they were conforming. Mr. Sasser: O.K.. Mr. Hirkala: Whatever is there was put there based on what setbacks existed at the time. Mr. Sasser: O.K.. Mr. Levenson: You all know where this is located, right? Mr. Sasser: Yes. Does the board have any questions? Is there anybody in the public that would like to speak for or against this? Mr. Levenson: Mr. Paggi? Mr. Larry Paggi: I think you guys pretty much know what has happened here. Do you need any additional information? What we are trying to do Mr. Hirkala: Let me get this clear now. You are looking for 10' on the front setback and 8' on the rear setback. Mr. Larry Paggi: Right. Mr. Levenson: It is the one spot. Mr. Sasser: Isn't that where it says proposed storage there? The back is the closest? Mr. Larry Paggi: That rear setback .... Mr. Sasser: That is the closest point. `4w Wappinger Zoning Board Minutes - May 24, 1994 Page 23 in there. It was 25'. I put an extra 10' on it. That is how I did it. I guess they changed it in 1987. Mr. Hirkala: What was the original line? There were two lots cut out of it? Mr. Becker: Yes, there is two buildings out front. Mr. Hirkala: Off of the original parcel? Mr. Becker: Right, they were existing buildings. It was all one big lot. I believe it was 12 or 13 acres there. To build a new house, I had to subdivide and put the two buildings out front, separate. I did that and I tried to follow everything .... Mr. Hirkala: There is an apartment house there? Mr. Becker: Now it is a family house. I sold it. The people own it. it is not an apartment house anymore. It was, when I owned it, an apartment house. Mr. Sasser: What kind of a driveway do you plan on putting in there? What is the difference between putting a driveway there and a Town road? Mr. Becker: Expense. Mr. Sasser: I understand that but I mean physically. What are you doing differently? Are you putting a gravel path? A dirt road? Mr. Becker: That is up to the buyer. I don't know, If I sell it. It would have to be whatever has to be. Whether it be blacktop or 25' from the driveway .... Mr. Hirkala: This was done in 1984? Mr. Becker: Yes it was. Mr. Lehigh: The only problem I have is, by what means are you going tell us that you aren't going to subdivide the rest of it? Mr. Sasser: I think that we are setting up .... Mr. Becker: You can't subdivide the rest of it, just the way the property is laid out. Mr. Sasser: Yes you could. You have 3 acres is that lot that you are going to piece off. Mr. Becker: 3 1/2. Mr. Sasser: What is the zoning there? Mr. Becker: We don't have the road frontage. Mr. Sasser: You don't have it now but you are looking to subdivide. En Wappinger Zoning Board Minutes - May 24, 1994 Mage 24 Mr. Becker: But there is two driveways that you could put along side of each other. If you get to where the extra property is to the right, where the land is to the right of my house, there is about 6 acres there. There is no way to get to it. Therefore we can't subdivide it. There is no way in hell we can subdivide it. Mr. Hirkala: Herb, what is the standard width of the Town Board? Mr. Levenson: I don't have the highway specs. Mr. Larry Paggi: Right-of-way is 50' and the road is ....... Mr. Sasser: I would like very much to be able to see Mr. Becker be able to do this .... Mr. Hirkala: Let me try and lay out what is going through my mind. What I am afraid of is as Joel brought out. The fact of subdividing and selling the lot, the person in two or three years comes back in and wants to put in a private road with a subdivision. We can always turn him down, but that is us. The next board might be pressured to do something different, who the heck knows. But the other thing is that we've set precedences in the past by denying, as much as I would like to see him have some use and sell the lot, we've set precedences in the past by denying variances. I can't think of any off hand, but we have. Because of the fact, when he originally subdivided in 1984, I sat at Planning *'"Board meetings for many many years. As a matter of fact, I,think I missed one in twenty years. Up until the last three or four years, I haven't been to any. Many times the Planning Board would come in and block this side ...... at least come in with a sketch plan. At least come in with a sketch plan and show me what you envision this lot to be able to provide to you. You can ask but I know in previous times that has occurred. A lot of this thing is, you've got two lots out because of the structure. You've got a big piece of property. You could always leave 601. 601 could be for many reasons. The two lots could also .... for the Town alone. Potential for the Town alone, whichever way it is going to fall. Along comes the Town Board and widens it from 25' to 501, again, it wouldn't pay off. This is what has happened in the past with other people. One of the problems that I'm concerned about is granting a variance and not having a reason, other than the fact that gee, it's nice to give the guy two lots. Mr. DiNonno: Just to clarify on that, when people come forth, we want them to show, we just did that at the last meeting. Those are lots that can be legally subdivided without variances. Those are major lots. Mr. Hirkala: When this subdivision was originally done in 1984, there were lots there that could be done legally. Mr. DiNonno: Right. ,,.Mr. Levenson: Yes, but we just had that 257 acre piece. The guy is making two lots and they asked him, can you tell me what is going to happen? They couldn't tell him. Mr. Hirkala: If someone requests a subdivision and they have a big parcel LJ Irr ITM Wappinger Zoning Board Minutes - May 24, 1994 Page 25 of land and they just want to cut off one corner, normally, what the Planning Board will do is informally or officially ask the applicant to tell them what they envision for the rest of the property. The applicant will say, I want to do this and this or I don't know. I've actually seen where the engineer, as a matter of fact Ted Russ is the one that had to do it, and that property off of Ketchamtown Road, the best he could do with some of the lots was 12 acres because of the wetlands. You guys recently subdivided that property again. This is a matter of precedence that the Planning Board has done. I would have to assume that the Planning Board did that on this. Mr. Becker: They asked me about subdividing. I said, "how much road frontage do I need?" I asked that and they told me at that time it was legal. Mr. Hirkala: No, we are talking about two different things. You are talking about how much road frontage you need for a lot. I am talking about what you envision with the rest of the acreage there. You have ten acres left after you cut off two lots in the corner_ Mr. Becker: They are all hills and low lands. You can only do so much. Mr. Hirkala: That is one of my problems. Mr. Sasser: Does the board have any other questions? Does anyone in the "'public have anything else to add to this? Can I have a motion to close the public hearing? Mr. Bitterlich: I make a motion to close the public hearing. Mr. Hirkala: Second.. Vote: All ayes. Mr. Lehigh: My whole problem with the thing is that I don't want to go back to where we were in Johnson Lane. The variance was needed in here and you are putting houses in on driveways. I have a problem with that, a personal problem. If he is doing two houses, I don't really see a real problem with two houses. But I don't know how you lock him in .... Mr. Sasser: You can't and that is the issue. I'm going to make a motion to deny ... Mr. Becker: Excuse me, there is only one house there. I am not doing two houses. Mr. Sasser: I understand that. Mr. Becker: One house is in the middle of that six acres. ,41W Mr. Sasser: We understand that. Mr. Becker: O.K.- Mr. Sasser: You are looking to subdivide ..... `W ..r► Wappinger Zoning Board Minutes - May 24, 1994 Page 26 Mr. Becker: I thought you said I was ._ Mr. Sasser: My motion to deny is based on the fact that I believe we are setting a precedence and when that continues on, it will be a detriment to other properties and it will change the neighborhood. I believe he does have another method and that is to put a road in there. Even though it is a self created difficulty and that doesn't stop him from doing it, it is a self created difficulty and I would like to make a motion to deny it. Mr. Bitterlich: I will second that motion. Roll call: Mr. Prager: Aye. Mr. Bitterlich: Aye. Mr. Lehigh: I guess I am going to have to go along with the denial. Mr. Hirkala: I'm going to vote for the denial. I would like to also sav that the Town Board, legislatively, went to the .... Mr. Levenson: It's not over and he's walking out. Mr. Hirkala: Can I .... Mr. Sasser: You are on the record, go ahead. Mr. Hirkala: I would like say that the Town Board, legislatively, changed it from 25' to 50' and I think the applicant has the option,to go to the Town Board and request that it be dropped back to 25' again. Mr. Sasser: Any further business? Mr. Levenson: Did you vote in favor ....? Mr. Sasser: I made the motion. Mr. Levenson: Mr. Chairman, all vote unanimously to deny. Mr. Sasser: Any further business before the board? Mr. Bitterlich: I make a motion to adjourn. Mr. Prager: Second. Vote: All ayes. MEETING ADJOURNED AT 8:35 P.M.. Respectfully submitted, Dawn Idema, Secretary Town of Wappinger Zoning Board of App= -=--Is