Loading...
1994-04-26En Tow?-, of Wappinger Zoning Board of Appeals, =.pri1 ? G 91)4 Worl =iiGp Agenda - 7:30 P . M . Approval of the March 22, 1994 minutes. PISS-+JceT ' Town Hall 20 Middlebush Road Wappinger Falls, I.Y. - EIe'len Stores / 'Northeast Div. - Discuss variance application =? 1 F,=• With regard to height and size of permanently mounted free standing in connection with premises located on Route 9 and Old Hopewell ^-,ad in the Town of Wappinger. Qobert & Antonette Monte - Discuss variance application -1167 with regard to insufficient Town Road frontage for proposal to build .a single family house on property located at 263E Myers Corners Read in the-- Town of Wappinger. (Re: Property formerly Levitan) _ Philip. DiTloiulG D/B/A B & B Auto Specialists - Discuss vari a -�c- application -"1168 with regard to two variances as follows: 1. Article IV, Section 422.25 requiring 40' in front; need -in- a variance: 2. Article IV, Section 422.25 requiring 50' in rear; needing a 2' variance '-0i property located at Route 9 and Smithtown Road in the Town of Wappinger. L. Becker Subdivision - Discuss variance application ?=1169 with regard to _lfficient Town Road frontage for proposal of a two lot __._division located on the southwest side of Old Ketchamtown Road. cm `W ..r Town of Wappinger Zoning Board of Appeals Town Hall April 26, 1994 20 Middlebush Road Minutes Wappinger Falls, N.Y. Members Present Mr. Sasser: Chairman Mr. Hirkala: Vice Chairman Mr. Lehigh: Member Mr. Bitterlich: Member Mr. Prager: Member Others Present APPROVED Mr. Levenson, Zoning Administrator MAY 2 4 ON Dawn Idema, Secretary to the Z.B.A. RAOMNN WW i0NNG MW OFAPPEXI Mr. Sasser: I would like to call the meeting of April 26, 1994 of the Zoning Board of Appeals to order. This is just a workshop session. Mr. Levenson: Are you going to approve the March 22, 1994 minutes? Mr. Sasser: I hadn't planned on doing it until the public hearing. If you would like to do it, we could. Mr. Lehigh: I'll make the motion. r..- Mr. Hirkala: I have something to say about the minutes. Mr. Lehigh: I'll rescind my motion. Mr. Hirkala: Refresh my memory. When you sent me that Decision & Order, wasn't a part of that motion to ratify the 9' ..... Mr. Levenson: That was covered. I wrote that in there. I'll check it again for you. Mr. Sasser: Why don't we put these minutes off until the public hearing. The first item for discussion tonight is 7/ -Eleven Stores / Northeast Div. Discuss variance application #1166 with regard to height and size of permanently mounted free standing sign in connection with premises located on Route 9 and Old Hopewell Road in the Town of Wappinger. Is there anybody here from 7 -Eleven? Mr. Adams: Yes, my name is Jon Adams, I am the attorney for the applicant. Also present tonight is the engineer for the applicant, Jack Railing. Also, a representative from the 7 -Eleven Company, Mike Pernia. Mr. Sasser: Am I correct that this proposed sign is replacing the existing sign that currently displays the price of gasoline? Mr. Adams: Yes. En ',%W ,..r° Wappinger Zoning Board Minutes - April 26, 1994 Page 2 '.r Mr. Sasser: You are requesting two variances? One on height and one is on square footage on area. Mr. Adams: That is correct. The height variance permitted, as I interpet the law, is approximately 101. We are asking for a 20' sign and we are also asking for a variance as to the face area of the sign. We do have an elevation in front of you, I think on page 2, the elevation speaks for itself. Before you enter the technical details of the variance application, I would just like to briefly note that the purpose of putting the sign in, on part, is to compliment the renovation work and upgrade that has recently taken place at the site. The canopy has been put in place. There has been some renovations to the exterior of the building. Quite frankly, I think you might all agree, that with the canopy in particular, the current sign is sort of warped. It is undersized now in the sense that it doesn't stand out anymore. We propose to put in a contemporary sign which, quite frankly, is comparable to what is going on in the gasoline industry. I'm sure as you travel around Dutchess County you've seen a number of comparable signs given by our competitors. Obviously, that is one of the factors that we have to respond to, what is going on in the gasoline business and what do we need to do to at least maintain the status quo, if not do better. Mr. Sasser: My interpretation is the area allowed is 25 sq. ft. on that sign. Mr. Levenson: Yes. '`, Mr. Sasser: And the requested amount is 100 sq. ft.? Mr. Adams: No, we are requesting, perhaps Mr. Railing can give you that technical information. Mr. Railing: I think that is counting both sides. Mr. Levenson: 49.8 sq. ft. in area and it's 20' high. Mr. Hirkala: What is the maximum ordinance ... ? Mr. Sasser: Height is 10' and area is 25 sq. ft. and they are looking for 49 sq. ft., plus or minus. I didn't mean to interrupt you. I just wanted to know what we are talking about. This is just for informational purposes. Mr. Adams: Jack, would you also outline the height of the canopy. I think that is somewhat relevant to the size of the sign. Mr. Railing: I don't have it right here, right now, Jon. Let me just find it. You want the exact dimensions of the canopy? Mr. Adams: Well, I think the board should have some sense because they can relate the size and height of the sign to the canopy. I think it is a good focal point. The canopy, I believe, is 16 or 17 ..... Mr. Sasser: What we are looking for at the workshop session is just to find if there is anymore specific information that we would need prior to cm Wappinger Zoning Board Minutes - April 26, 1994 Page 3 - the public hearing. Mr. Adams: I won't go into an elaborate presentation then, I will save that for the public hearing. Mr. Sasser: Right, that probably is more appropriate. Mr. Hirkala: One question I had was, I noticed the location of the sign. Is there a variance that goes along with this sign or is it prior to zoning? Mr. Railing: This is pre-existing. I think you will find the original site plan, when we went to the Shell gas station, 8 - 10 years ago. I can't really remember, I did it. We just replaced it where it was and maintained it at the original location. Mr. Sasser: Are you talking about the setback? Mr. Lehigh: Yes. Mr. Sasser: Herb, when you are determining area, I see this mounted on steel tubes. That hollow area underneath, is that included in the area? It seems to me that when we were talking about Parson's Auto Body, weren't we discussing the same kind of thing? Mr. Hirkala: Yes, but the sign went from the bottom to the top. Mr. Levenson: It was solid all of the way. He had inserted slots. Mr. Sasser: So the area is actually the sign itself. Mr. Adams: As I understand it, it's double faced, you still only compute one side. Mr. Levenson: That is correct. Mr. Sasser: It's all pretty clear cut to me. Does anybody have any questions or anything they will need before the public hearing? Mr. Bitterlich: Could you just explain a little bit about what is there now? Mr. Lehigh: How far is that sign going to sit back from the road? How far is it off there right now? I see an arrow for an existing sign but It doesn't give any mention to how far off the road it is. Mr. Railing: It is only a foot or two off the property line now. Mr. Adams: There was a site plan review associated with the renovations and I believe our sign location was addressed as part of that process. They new that we had to come before this board but we disclosed to them the proposed dimensions of the sign so they were able to take that into consideration as part of the review. Obviously, it couldn't pass under sign conformance because .. Wappinger Zoning Board Minutes - April 26, 1994 Page 4 Mr. Sasser: You are currently showing the prices of gas on the sign now, correct? Mr. Adams: Yes. Mr. Sasser: You are looking just for a more modern sign. Mr. Adams: Also more visible. If you are on the west side of Route 9, it just isn't that readily visible. This would be far more visible. Mr. Bitterlich: I would like to know a little bit more about the sign that exists. What size is it? Mr. Railing: As I recall, it's probably around a 6' X 41. Mr. Adams: Are you talking about the aggregate size or the 7 -Eleven portion as in contrast to the pricing portion? Mr. Sasser: The whole sign because that is what we are considering now. Mr. Railing: It's in two parts. One part is the 7 -Eleven portion which is approximately 4' X 6' plus it has below that a listing of the prices of the different types of gas they sell. That is approximately about the Same size as we have here except this is now a formal sign. Both of those signs are at least 10 years old, out of date. `%aw Mr. Sasser: I'd like to entertain a motion for declaration of Lead Agency. Mr. Bitterlich: So moved. Mr. Prager: Second. Vote: All ayes. Mr. Sasser: We need a Determination of Significance for SEQRA. Mr. Hirkala: I'll move for a Negative Dec. Mr. Bitterlich: Second. Vote: All ayes. Mr. Sasser: I presume that this is going to be set down for a public hearing at the next meeting. Mr. Levenson: Under the new rules, you don't have time. Mr. Sasser: What are the new rules? Mr. Levenson: Ten days. ,%W Mr. Sasser: When is our next public hearing? Mr. Levenson: You'll have to make your next public hearing, according to NOW Wappinger Zoning Board Minutes - April 26, 1994 Page 5 ,,, the new rules, four weeks from today. Mr. Sasser: Why can't you make it May 10th? That is within the time period. Mr. Levenson: We don't have enough time. Ten working days. Mr. Sasser: June 14th then. That's the next public hearing. Mr. Hirkala: That is why we went for workshop session and then public hearing. Mr. Levenson: You'll have to flip-flop your workshop and public hearing. Mr. Sasser: Do you want to set it for May 24th? Mr. Levenson: It's O.K. with me. Mr. Sasser: We'll make it May 24th for the public hearing. Mr. Levenson: That gives us enough time to get it into the paper. Mr. Sasser: The next item for discussion is Robert & Antonette Monte. Discuss variance application #$1167 with regard to insufficient Town Road frontage for proposal to build a single family house on property located at 263B Myers Corners Road in the Town of Wappinger. (Re: Property -formerly Levitan) Mr. Levenson: Gentlemen, before we start on this application, this application is a take -off of the infamous Levitan case. Just to bring you up to speed, the Levitan's never got a variance. It got to a point and then the case died before the Zoning Board of Appeals and we never heard anything from them. Mr. & Mrs. Monte have since acquired this piece of property and now are pursuing the same variance that was pursued back in 1987 by the Levitan's. Mr. Sasser: The Levitan's what, were looking to subdivide? Mr. Levenson: No, the Levitan's owned a piece of property that the Monte's now own that is on a private road. Do you know where it is? Heading east on Myers Corners Road, just before you get to Hulsair, there are two brick pillers. They are pursuing the variance under Section 412, "Required Street Frontage - Where no building permit shall be issued for the establishment of any use or construction of any structure unless the lot upon which the use is to be established or such structure is to be built has frontage of at least 50' on a street or highway which has been suitably improved to Town Road standards or a bond posted therefor, and unless the actual access to such use or such structure will be over such frontage, all in accordance with the provisions of Section 280-a of the 'down law. I should tell you that the Monte's are owners of record of the lot. ,%W Mr. Sasser: It is a 1.22 acre lot, is that correct? Mr. Levenson: Yes. In Wappinger Zoning Board Minutes - April 26, 1994 Page 6 .. Mr. Hirkala: There are a couple of things that I would like to know before the public hearing. I would like to know the length of the private drive and I would like to know how wide the private drive is. Is there some way we could find out the condition of the drive for emergency vehicles. Mr. Levenson: My suggestion, as we did on Johnson Place, was we should have a site plan visit where all of us go. Mr. Hirkala: But that was .... Mr. Sasser: I happen to agree with Mike, I think there ought to be some expert testimony on it. I don't believe that we should just go and look at it .— Mr. Hirkala: I think expert testimony, but besides which, I think we have to take a hard look at the fact that these people own the lot and they are looking for permission to build on that one lot. We are not looking at something like Johnson Place where there was a subdivision request. I would like to know if there is a possibility of any conditions that might go along with the variance. Mr. Sasser: Do you want to see if we could get together for a site inspection? Mr. Lehigh: I think that is a good idea and I also think we ought to give it to the Fire Prevention Bureau and have them take a look at it. Mr. Prager: I definitely do. Mr. Bitterlich: How far away off of Myers Corners Road is this? Mr. Sasser: Let's see if we can come up with a date first. Do you want to do this in the late afternoon, 5:00 - 5:30? Mr. Hirkala: For me, 5:30 - 6:00 P.M. is probably the earliest I can get there. Mr. Prager: That would be good. Mr. Sasser: How is Tuesday, May 3rd? Mr. Lehigh: That is not good for me. Mr. Palapano: Excuse me, gentlemen, can I add one important fact to this? I'm Mr. Palapano. I own the property directly boardering the Montes. Just, may I add, there are already three families which live down from this. Mr. Hirkala: We know that. We have the tax maps of the entire town so we know how many lots are on there. *or Mr. Palapano: No, I know that. I just heard you talking that there should be access for fire vehicles .... Wappinger Zoning Board Minutes - April 26, 1994 Page 7 Mr. Sasser: In addition to that, anybody who wants to speak on this is going to have a chance to speak at the public hearing which we will set tonight and give you a date on that. At that point in time, anyone who wants to talk about it will be able to get up and .... Mr. Lehigh: He has brought up a good point because this map doesn't show any other houses here ..... Mr. Sasser: No, but we are going to see that on the site inspection. Mr. Hirkala: That might be something we should also .... Mr. Levenson: That is one of the reasons I asked for the site inspection. My previous file doesn't have the houses .... Mr. Sasser: How about Wednesday, the 4th? Mr. Lehigh: That's fine. Mr. Prager: No good for me. Mr. Sasser: Thursday the 5th? Mr. Lehigh: Yes. Mr. Prager: 5:30 P.M., yes. Mr. Sasser: Let's make it at 6:00 P.M. for Mike. Can you make it at 5:30? Mr. Hirkala: It would be close at being 5:30 P.M.. Mr. Sasser: Let's make it at 6:00 P.M.. Mr. Levenson: May 5th at 6:00 P.M.. Mr. DiNonno: We've got something going on at the Home Center on the 5th. Mr. Levenson: That's the Planning Board. Well, you guys can go yourself. Mr. Sasser: Yes, we don't need you. Mr. Hirkala: We don't need you. Mr. Levenson: I'll send each of you a letter. Are you going to meet at the site or are you going to meet at a central location? Mr. Hirkala: At the site. Mr. Lehigh: At the site would probably be best. Mr. Sasser: I don't think that I need anything else ahead of time. Are you going to refer this to the Fire Prevention Bureau? Mr. Hirkala: This gentleman brought up an interesting point. For your on 0 Wappinger Zoning Board Minutes - April 26, 1994 Page 8 information, the purpose of this meeting tonight is a workshop session. It is for us to determine what information that we don't have that we would like to have prior to the public hearing. I would like to see an area map that would give us an indication of what the other properties are on that road.. Mr. Monte: I'm Robert Monte. I could probably provide .... I gave Eric Gardel a topographical map which would give you a better view of the whole subdivision area. Mr. Sasser: Great, I think that is what we are looking for. Mr. Levenson: If you can get that Mr. Monte, get it to my office. Mr. Monte: Sure, no problem. Mr. Levenson: I'll be able to distribute it to the Fire Prevention Bureau. Mr. Monte: As a matter of fact, I contacted him last week and I expected to have the topographical map by now. Mr. Levenson: Tell him, when he makes them up, to make up eight copies and I will distribute them to the board and to the Fire Prevention Bureau. Mr. Monte: I was going to get more of the site plans, I believe you are '�► looking at now. Mr. Sasser: No, I think we are O.K. with that. Just so I am clear, you are referring this to the Fire Prevention Bureau? Mr. Levenson: As soon as Mr. Monte gets me the new maps. DISCUSSION, Mr. Hirkala: ..... County Health Department? Mr. Levenson: We should have them. I think they need the second proof Mr. Hirkala: Seeing as that is on a Dutchess County Road, is that a referal to the County Health Department? Mr. Levenson: No, there is an old referal in the Levitan file that I will pass on to you also. Mr. Hirkala: I'm saying, does it get referred to the County Health Department:' Mr. Levenson: No. '4r Mr. Sasser: Anything else? I need a declaration of Lead Agency. Mr. Lehigh: So moved.. ..+ Vappinger Zoning Board Minutes - April 26, 1994 Page 9 *""' Mr. Bitterlich: Second. Vote: All ayes. Mr. Sasser: SEQRA? I move for a Negative Dec. Mr. Bitterlich: Second. Vote: All ayes. Mr. Sasser: Let's set it down for a public hearing for May 24th. Mr. Hirkala: Which date is our public hearing date? Mr. Sasser: It would have been June 14th. We are going to do it May 24th because we are flipping the meetings to get them on. Mr. Levenson: You are going to have to flip them under the new rules. One month it will be the end ... Mr. Sasser: May 24th is when it will be set down for a public hearing at 7:30 P.M.. Mr. Monte: Can I provide the board members with an over -view I prepared? Mr. Sasser: Sure. If you will leave it with Herb, he will have copies distributed to everybody. Mr. Monte: I have enough copies_ Mr. Levenson: No, give them to me and I'll get them out. Mr. Sasser: Next item for discussion is Philip DiNonno D/B/A B & B Auto Specialists. Discuss variance application #1168 with regard to two variances as follows: 1. Article IV, Section 422.25 requiring 40' in front, needing a 5' variance; 2. Article IV, Setion 422.25 requiring 50' in rear, needing a 8' variance; on property located on Route 9 and Smithtown Road in the Town of Wappinger. Mr. Levenson: Mr. Chairman, the #2 item should be a 10' variance. Mr. Sasser: The front variance? Mr. Levenson: The rear variance should read a 10' variance. Look at the tabulation on the drawing and you'll see that one column has 50' and the other 4b'. Mr. Sasser: So the first part is going to be a 10' variance. Mr. Levenson: The second one. The rear variance. Mr. Sasser: 50' in the rear? Mr. Levenson: 50' in the front. En Wappinger Zoning Board Minutes - April 26, 1994 Page 10 Mr. Larry Paggi: 50' in the front but the rear is also 50' because there is residential property back there. Mr. Levenson: And you'd need a 10' variance there. Mr. Larry Paggi: An 81, we're only going to 421. Mr. Levenson: And you need the 10' in the front. Mr. Larry Paggi: Correct. Mr. Sasser: Right, so it's only the first variance that is changing. Do you all understand this? It's the first variance. It will read, Article Iv, Section 422. 25 requiring 50' in front, needing a 10' variance. The second part does not change. Mr. Hirkala: Some of the things that I have noticed from reading the minutes of the Planning Board, I would like to clarify the non-conformance factors involved in this particular site plan. It's like we did with Wappinger Associates, it becomes a matter of legality that there is a non -conforming status for parts of this particular building, and setbacks. Mr. Larry Paggi: If you take a look at the site dated chart, it kind of outlines it. On the area, it's an existing non-conformance because we've got 1.4 acres where we are required 2 acres. The lot width is O.K.. The depth, because of the orientation of the lot, is non -conforming. At the shallowest point, we've only got 1411. Mr. Hirkala: Lot size is lot size. You can't do anything about that. There is a standard non-conformance for lot size. What I'm talking about is the setbacks of the building. That building was there prior to zoning, right? Mr. Larry Paggi: Correct. The building currently, for front line, is currently set back 45'. Mr. Hirkala: So 45' was what it was originally built, for setback. Which means the setback of 45' is legal. Mr. Larry Paggi: O.K., so then we are only looking for a 5' variance. Mr. Hirkala: What I am trying to get to is the 45' position, is it a regally non -conforming position to be in? Or isn't it? Do you see what I am saying' Mr. Larry Paggi: No, I don't understand. Wn `'%w DISCUSSI OW Mr. Larry Paggi: Well, that's the case. It was. Mr. Levenson: When it was built, it was legal. Mr. Hirkala: So, at 45' it's a legal position. ..r Wappinger Zoning Board Minutes - April 26, 1994 Page 11 Mr. Larry Paggi: O.K., so then we are really looking for a 5' variance. Mr. Levenson: Five foot. Mr. Lehigh: Five foot. Mr. Hirkala: That's the confusing part. The first determination that has to be made is what is the legal position of the building as it sits now, as it exists. Then determine what variances you want from that point. Mr. Levenson: You're right. Mr. Sasser: Let's change that tonight so that we understand. That way you get on for a public hearing. Mr. Levenson: That's a five foot variance. Article IV, Section 422.25 requiring 50' in the front needing a five foot variance. Mr. Larry Paggi: Right. Mr. Levenson: Now let's go to the rear. Mr. Sasser: O.K. Mr. Lehigh: You only have the one spot that you really need that 81. Mr. Larry Paggi: That is correct. Right in that one corner. Mr. Levenson: And we need an 81. Mr. Larry Paggi: Well, if you are reading it the way that Mike is saying, we need 71, because it exists at 491. Mr. Hirkala: I'm not saying he's right. He's got the position of a building .... Mr. Levenson: I think he ought to say 8' and be safe. Mr. Hirkala: For the record, what we have to do in a lot of these cases, the same we did with Wappinger Associates .... Mr. Levenson: You have to analyze ... Mr. Hirkala: You have to establish what is legally existing. What is existing, is it legal or isn't it? Make it legal or otherwise or whatever and then go from that point. What we are finding a lot of, in the records, is we don't know exactly where we stand because we don't know Ln low Vappinger Zoning Board Minutes - April 26, 1994 Page 12 where the heck ..... Mr. Levenson: What it was .... Mr. Hirkala: .... changed or whatever, you know what I mean? Mr. Levenson: So we are basically..... Mr. Hirkala: ... the property owner in a better position. Mr. Levenson: We are basically in good shape on this here. Mr. Sasser: Are you looking .... Mr. Hirkala: It all depends on whether he gets it or not. Mr. Levenson: No, I'm talking about the non -conforming requirement. Mr. Hirkala: O.K. Mr. Levenson: We are going to have.... Mr. Sasser: Do you want some kind of assurance that the non -conforming Mr. Hirkala: No, I don't need any assurance I just want everybody in agreement that ... Mr. Sasser: I agree with you. Mr. Hirkala: It should be in writing that this is the legality. It is legal, it's in writing and now we are going to vary from what is legal. Mr. Levenson: You have that in the table. The table says it right on the drawing. Mr. Hirkala: No, the table doesn't say it is legal, it says it exists. Mr. Sasser: Herb, can you provide that? Mr. Levenson: A letter? Mr. Sasser: Yes. Mr. Hirkala: There is a difference between what is legal and what exists. Mr. Sasser: What is existing and that it is legal. Mr. Levenson: Larry, we have to have a meeting. Mr. Larry Paggi: O.K. Mr. Sasser: O.K., anything else? Can I have a declaration of Lead Agency? 07 Mr. Lehigh: So moved. Mr. Bitterlich: Second. Vote: All ayes. Mr. Sasser: SEQRA? Mr. Lehigh: Negative Dec. Mr. Bitterlich: Second. Vote: All ayes. !n Wappinger Zoning Board Minutes - April 26, 1994 Page 13 Mr. Sasser: This will be set down for May the 24th. The last item on the agenda is the Becker Subdivision. Discuss variance application ##1169 with regard to insufficient Town Road frontage for proposal of a two lot subdivision located on the southwest side of Old Ketchamtown Road. Herb, I have a question, is this property touching Stonykill in the back? Mr. Becker: No. Mr. Sasser: It seems pretty close. Are we within the area that we would have to notify the state because of this? Mr. Hirkala: What is that big lot right next to it on the south side? Mr. Sasser: I think we might be close enough that we would have to put the state on notice. Mr. Becker: The state sold that land, as far as I know, behind me. Mr. Hirkala: Sold it? The state couldn't sell it if it was Stonykill because it is under ...... Mr. Becker: There was a logger in there logging. Mr. Hirkala: No, they had a cutting program on state property a few years ago. Mr. Becker: Somebody told me that, I don't know. Mr. Sasser: Herb will be able to tell that soon enough by looking at the roll and to find out if we have to notify anybody. Mr. Hirkala: See this right here (referring to map)? Is that Stonykill? Mr. Sasser: Well, that's what I'm asking. I don't know, I think it might be. Herb, you will check that? Mr. Levenson: Right. Mr. Hirkala: I think it is. Mr. Sasser: I think it is too but I'm not sure. NOW Wappinger Zoning Board Minutes - April 26, 1994 Page 14 Mr. Becker: I think it was. Mr. Sasser: I'm not even sure what the distance is, what the number of feet are, to have to notify them. Mr. Becker: The point of the subdivision isn't going to go ..... Mr. Levenson: 5001. Mr. Sasser: Any variance that we grant .... Mr. Levenson: 500'. Mr. Sasser: ..... we have to notify all of those other people. This is the ten acre parcel, right? Mr. Becker: Yes. Mr. Sasser: And you don't have the required road frontage, right? Mr. Becker: Correct. Mr. Sasser: Have you considered putting a road in? Mr. Becker: Yes, but I don't want to do that. I don't want to do it on the subdivision. I just don't want to do the one. I live in the big house right in the middle of it. There will be 6 1/2 acres left with that house. Mr. Sasser: What do you want to do? Subdivide and build another house? Mr. Hirkala: Is this what you have here? Mr. Becker: It comes in 3 1/2 acres. It is on the bottom parcel. It will be parcel 4-S. Mr. Levenson: You don't have the 501. If this board denies it, your next step is to put a road in there with a cul-de-sac. Mr. Becker: I can't afford to put the road in there. Right now I have 60'. There will be two driveways there. That's all clear up here. There is nothing there. It's wide open. Mr. Sasser: You don't want to put a road in there is what you are saying. Mr. Becker: Right. Mr. Sasser: Are you selling the piece of property? Mr. Becker: Probably going to sell it. I really don't know yet. Mr. Hirkala: Where is the existing house? Mr. Sasser: I've highlighted mine, it's easier to see. Here is the entire parcel and here is what he wanted to cut off of it (referring to En vow Wappinger Zoning Board Minutes - April 26, 1994 Page 15 m ap ) . Mr. Hirkala: And this is the existing house over here. Mr. Sasser: Right. So his problem is right here, he doesn't have enough frontage. Mr. Lehigh: How long is that road back in there? Mr. Becker: It's about 750' to the house. Mr. Sasser: That is a driveway, correct? Mr. Becker: Yes it is. Mr. Lehigh: Is that black -topped at all? Mr. Becker: No, it's item 4. Mr. Sasser: But that wouldn't be on the extra lot anyway. I don't have any other questions. Can I have a ....? Mr. Hirkala: I guess, like he said, whether or not it borders Stonykill Mr. Sasser: Can I have a declaration for Lead Agency? Mr. Bitterlich: So moved.. Mr. Prager: Second. Vote: All ayes. Mr. Sasser: I think we are safe for a SEQRA determination on this. Mr. Prager: Shouldn't we wait? Mr. Hirkala: I think we ought to wait on the SEQRA determination. Mr. Sasser: I think, even boardering state land, I don't think a SEQRA determination on a two lot subdivision really is going to .... Mr. Lehigh: Well, with the pond and so forth in there, I think we ought to take a look at it or something. Mr. Hirkala: I would like to refer this to the Planning Board. Mr. Levenson: The Planning Board referred it to you. Mr. Hirkala: Well, the Planning Board didn't refer it to us. He came to Nor us because he has illegal road frontage. Mr. Sasser: What do you want to refer it to the Planning Board for? Mr. Hirkala: I want to get their opinion. ..► Wappinger Zoning Board Minutes - April 26, 1994 Page 16 Mr. Levenson: Their opinion is no. Mr. Hirkala: Well, let's get it formal. Mr. Levenson: I'll write you a letter. Mr. Sasser: O.K. Mr. Hirkala: The reason that I am saying it is it is an extremely odd shaped situation. Mr. Levenson: You are mirroring the conversations of the Planning Board. Mr. Lehigh: The pond, I don't see a flow in or out of that either. Mr. Becker: It is more or less a swamp. It dries up in the summer. Mr. Lehigh: It is a swamp? It dries up? There is no flow through there or anything else? Mr. Becker: No, it's like a low end. It fills up and then it goes down as the summer goes on. Mr. Sasser: Do we want to have a motion for SEQRA? Mr. Bitterlich: I'll move for a Negative Dec. Mr. Sasser: I'll second it. vote: All ayes. Mr. Sasser: We'll set this down for a public hearing on May 24th, at 7:30 P.M.. Mr. Hirkala: Can we get information back from the Planning Board that quickly? Mr. Levenson: Yes, there meeting is May 2nd. Mr. Sasser: You understand that you have to put legal notice out and so forth? Mr. Becker: Yes, for the straddling properties. Mr. Sasser: Any other business? Mr. Levenson: You are going to the school, right? The Board: Yes. Mr. Sasser: This meeting is adjourned. MEETING ADJOURNED AT 8:05 P -M. �r on Wappinger Zoning Board Minutes - April 26, 1994 Page 17 Respectfully submitted, Dawn Idema, Secretary Town of Wappinger Zoning Board of Appeals