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1995-02-14n Town of Wappinger February 14, 1995 Public Hearing - AMENDED AGENDA Zoning Board of Appeals 7:30 P.M. Approval of January 24, 1995 minutes. PUBLIC HEARING n Town Hall 20 Middlebush Road Wappinger Falls, N.Y. Appeal 41187 - At the request of Joseph P. Paoloni who is seeking a variance of Article IV, Section 415.41 whereas you are not permitted to erect a satellite dish antenna on the roof of a residence and you are requesting a variance to put on the roof of your residence located at 3 Hearthstone Drive, Wappinger Falls, N.Y. and is identified as Tax Grid X19-6258-01-099578-00. Appeal 11192 - At the request of Pizzagalli Development Co. who is seeking a variance of Article IV, Section 416.62 whereas you are allowed one (1) permanently freestanding sign measuring twenty-five (25) sq. ft. and you are requesting a second twenty-five (25) sq. ft. sign, thus requiring'a -ariance for a second sign on property located on Myers Corners Road and entified as Tax Grid ##19-6258-03-350303-00 in the Town of Wappinger. Appeal X1193 - At the request of Pizzagalli Development Co. who is seeking a variance of Article IV, Section 422.2.5 where you are required to maintain fifteen (15%) percent lot coverage and you are requesting thirty (30°) percent lot coverage, thus requiring a fifteen (15%) percent variance on property located on Myers Corners Road and Identified as Tax Grid #19-6258-03-350303-00 in the Town of Wappinger. Appeal 41194 - At the request of Pizzagalli Development Co. who is seeking a variance of Article IV, Section 422.25 where you are required to maintain 0.2 maximum floor area ratio and you requesting 0.4 floor area ratio, thus requiring a 0.2 floor ratio on property located on Myers Corners Road and identified as Tax Grid ##19-6258-03-350303-00 in the Town of Wappinger. Appeal #1195 - At the request of Pizzagalli Development Co. who is seeking a variance of Article IV, Section 472 where you are required to have 372 parking spaces and you are proposing 259 parking spaces, thus requiring a variance of 11.3 parking spaces on property located on Myers Corners Road and is identified as Tax Grid ##19-6258-03-350303-00 in the Town of Wappinger. M ADJOURNED PUBLIC HEARING M Town of Wappinger Zoning Board Agenda - February 1.4, 1995 Page 2 1. Appeal 41175 - At the request of CLY Realty Corp. who is seeking two (2) variances of Article IV, Section 412 of the Zoning Law of the Town of Wappinger to allow the issuance of two (2) variances of two lots which do not have legal frontage on a town road. The property is located on Smithtown Road and is identified as Tax Grid i19-6257-03-092038-00 and #19-62.57-03-030050-00 in the Town of Wappinger. The Zoning Board of Appeals has declared itself Lead Agency and has made a Negative Declaration of Significance for this project on October 11, 1994 as there will be no environmental impacts with regard to this appeal. DISCUSSION Donald Silvestri - Appeal #1191 requesting a 6.7 ft. variance for an existing shed at 3 Sabra Lane in the Town of Wappinger_ kw Town of Wappinger Zoning Board of Appeals 14; 19nc Memhers Present Mr. Lehigh: Member (Acting as Chairman) Mr. Praaer: Member Mr. Fanu.ele: Member Memher-c Ahsent tlr . S,- = ser : Chairman Mr. l -i- rl l a : Vice Chairman Other: Present Mr. ',e_.venson, Zoning Administrator Mrs. Nguyen, Secretary to the Z.B.A. Town Hall 20 Middlehush Fca' Wappinger Falls, N.Y. FE6 95 PLANNING 80, N� 4 Mr. Lehigh: I call the Town of Wappinger Zoning Board of Appeals meeting to order. The exits are in the back of the room and on the sides. There is .o smoking in the building. The first order of business is the. -jzroval of the January 24, 1995 minutes. "sir. Prager: I make a motion to accept the minutes of January 24. Mr. Fanuele: Second. Vote : All ave.; . Mr. Levenson: Mr. Paoloni is not here. He will be here shortly. Neither Mr. Silvestri and Mr. Adams. I suggest Mr. Chairman that you wait. ir. LeM g, Do I hear a motion for a 10 minute recess? Mr. Prager: So moved. Mr. Fanuele: second. Vote: All ayes. t•r. Lehigh: Do I hear a motion to reconvene? Mr. Ta; ztlele: So moved. '14r . Prager: Second. Vote: All ayes. a f s LWA Wappinger 70ii iii' R"J 1 - Minutes - February 14; 1x95 Page 1 Mr- Leli i gIi : Appeal � 1187 - At the request of Joseph P. Paoloni who i see?�ing a variance of Article IV, Section 415.41. whereas you are not z)ermitted to erect a satellite dish antenna on the roof of a residence and you are requesting a variance to put on the roof of your residence located at 3 Hearthstone Drive, Wappinger Falls, N.Y. and is identified as Tax Grid '1^ -X258 -C1 -C99578-00. Mr. Levenson: Mr. Chairman and the Board, this matter has been advertised in tl-e ^<<thPrn Dutchess News on the February 8th date. We did not get the abutting property owners list. There was a little hi_t of a mix-up In -"he ,office. However, the law says that if you wish to Bear testimony yo, can hear testimony and we will write an adjourned public hearing notice for the 28th. I have discussed this with Mr. Paoloni and he says fine. He is not really anxious to get his antenna up and get his variance mucI; before the end of March. Pair. Fanuele: We can't give approval? Mr. Levenson: You can't give an approval, but you can hear testimony. Pair. Lehigh: What is the feeling of the Board? Do you want to open it or do yoi; want to postpone it until the 28th? Levenson: You are going to have to adjourn it. ✓r. Fannele: If you adjourn it you have to open it. Mr. Levenscn! You have got to open it and then adjourn it. "ir. Lehigl-.: Can I have a motion to open it? 14r. Prager: So moved. Pair. Fai7UeIe: second. Vote: All avec. Mr. Fanuele: The only thing that I want to say is when you are done with the antenna it must come down. Mr. Lehigh: Do we have all the information? Mr. Levenson: Mr. Chairman, you have the bill that Mr. Paoloni submitted .and it gave the decision of the installer and we have the pir.tures right. here. Mr. Prager: Yes, that is what I was interested in. , 4 Wappinger ?oning P` ._.,-d Minutes - February 14, 1995 Page 2 Mr. Levenson: We can circulate them now or the 28th. Mr. I,�high: I would rather do the whole thing on the 28th. Mr. Prager: As long as we have them. Mr. Lehigh: You have any testimony? -Er. Paolani:T went to the professional satellite installation r.om, and they came over. He took a look and said yes, it is the only spot.. He came out with the meter and he billed me and I filled out a form and T aave that- to Herb. Cdr. Lehigh: I don't really have any more questions. Mr. Prager: Yes, I think we can .. Mr. Lehigh: Can I have a motion to adjourn this until. the 28th? Mr. Prager: So moved. Mr. Fanuele: Second. te: All ayes. ,sir. Lehigh: We will see you on the 28th. Appeal 111.175 - CLY Realty. Mr. Adams: The Fire Prevention Bureau is meeting next door. They are reviewing the issue of the specifications and they will give us a verhal report sometime in the course of this meeting. "If r. Lehigh: Can I hear a motion to open the public hearing? Mr. Prager: I make a motion that we open the public hearing. <'r. Fanuele: second. vete: All ayes. Mr. Lehigh: The public hearing is now open. Go ahead Mr. Adams. Mr. Adams: As you recall at the last meeting the issue arose as to which specification we was talking about. T sent letters to Mark and the Highway Superintendant. I received no written response from the Highway Superi.ntendant. T tried to call him both yesterday and today to get hi_s reaction and I have had none yet. That is meaningful in two respects. one was on clarification of the specifications, that is the driveway verses the highway. Secondly, as you recall Mr. Roberts recommended that we add some language to the proposed covenants. I have been unable, Bence any communication from the Highway Superintendant to get his reaction to that or whether he even wants that provision in there. So that is uncertain at this time. Additionally, I spoke to Mr. Roberts by telephone as to the language on re -subdivision. I believe we worked that out. He indicated to me that he was going to correspond directly with the n Wappinger "onina .,oai-d Minutes - February 14, 1995 Paae Board, but my conversation with Mr. Levenson this afternoon, my impression is that the Board has not yet received the letter. Mr. Levenson: Mr. Adams, the last letter received for this file was February 1st. Mr. Adams: He was going to write the letter today and something came up and he didn't do it. Based on that I have to defer to the Board in terms of in which direction they want to go. Mr. Lehigh: Well, we only have three members here tonight. We are light two members. I don't know if you want to continue this here now or? Mr. Adams: we have gotten to the point now that we have contracted sale, but we would like to go forward. At the same time, I have to defer to the Board on that. Mr. Lehigh: I am perfectly willing to make a decision on it tonight. We have the Fire Prevention Bureau meeting in there. We can get a opinion from them. The legality of the letter in the agreement without the Town Attorney giving us an affirmative opinion in my opinion anyway I don't think I could vote for it. Adams: That was my sense to Mr. Lehigh. I wouldn't fault you for ying you heed that input. Mr. Praaer: Not only that, but I definitely want to hear something from Graham Foster, the Highway Superintendant. I don't understand what happened here. Why we are not hearing from these people. Mr. Adams: Is there a meeting on the 28th of this month? Pyr. Levenson: Yes. Mr. Adams: That is not so far in the distance. Mr. Lehigh: If you want to we can get an opinion from the Fire Prevention Bureau? At least you would have that much of it. Then, all you have is the Highway Superintendant and our legal department to give us the word on this agreement. Actually, both of them is going to give an opinion on the agreement. FIRE PREVENTION BUREAU ENTERS Mr. Lehigh: This is a public hearing on CLY Realty's request for a variance on a road. One of the inputs we needed was from the Fire Prevention Bureau. Their recommendation as to the driveway across the lot. That is what we are looking for right now. Liebermann: This is our Vice Chairman, Kyle Pottenburgh, past Chief New Hackensack. It is his district. Mr. Pottenburgh: We would like see the proposal go and meet the Town. Highway Specifications not the Driveway Specifications which is M n Wappinger "oning Roard Minutes - February 14. 1995 + Page 4 highlighted in the Town Highway Specifications. We have concerns, one on the size of the acreage that will be serviced by this roadway. We have concerns about the ability of putting fire apparatus up into that area. Having apparatus being able to pass itself going back and forth as they shuttle water in an emergency situation. Secondary concern, What we have presently is the way that the land is broken out and the proposed driveways, if you had some individual in section 1 who really didn't get along with somebody in another section, it is a hypothetical situation where he parked his vehicle out in the middle of the driveway. We would not have the availability to get access to get up into the other parcr-l.s it would be blocked by his vehicle. We are looking for the Roadway Specifications to be upheld on these parcels instead of the ig?, ay. We want the highway not the driveway. 14r. Adams: I am not that familiar with the Highway Specs, but I that the Highway Specs addresses other things including width, the contents of the road in terms of the layers of subface and the hard top. My belief is that the Highway Specs address, one item I would be concerned about is the width. I don't think we need for three lots, correct me if I am wrong, lets assume that the Highway Specs are 321. Does anybody herr have a sense of dimensions in terms of width in the Hiahwav Specs? Mr. Lehigh: I think they are more then 32. . Levenson: 24 or 22. Mr. Liebermann: The Driveway Specs are like 10' wide. Mr. Levenson: Chief Pottenburgh said Highway Specs only. That is what. the Fire Prevention Bureau wants. tv1r. Lehigh: You can question them, but they are really giving their opinion. Mr. Adams: I just wanted clarification to whether they meant that across the board or certain components of it because as I said, I suspect without knowing the specifics of the specs that there are a number of dimensions to the specs. Again my concern is primarily the width. I don't think you need 24. I don't even think it would be appropriate. I think it would be excessive. So, if there were a modification, in fact perhaps I should have Mr. Railing get back to you with a specific recommendation incorporating certain components and perhaps a modification of that. MIXED DISCUSSION Mr. Liebermann: What about future expansion? Are there going to be any other homes added up there or any other lots besides the three? Mr. Adams: This might help you. There is going to he a prohibition ainst further re -subdivision of the interior lots. So, the objective is build a road that is suitable for three residences and no more.. There is going to be a provision in the restricted covenants that we talked .about that there could be no further re -subdivision of those interior lots until the owner, whoever that might be comes back to both this Board and the Plannina Board. Mr. Liebermann: We were unaware of that. In Wappinger ^oning Pcarcl Minutes - February 14. 1995 + Pacr5 Mr. Adams: The power in intent right now to re -subdivide, but I don't want to create a restriction in perpetuity and who knows what is going to happen in 'S years from now. I think with those safeguard or, re -subdivisions there will be no automatic right to re -subdivide. That is why I suggested that they also have an input at that time. They will have their files to go back to and review the history of this. Mr. Liebermann: We don't want a driveway or a roadway 10' wide servicing three houses or three parcels because then we have a problem. Mr. Adams: I think that it is a engineering issue to some extent. When is your next meeting? Mr. Liebermann: Second Tuesday each month. Mr. Adams: Let me talk to Mr. Railing and pursue the issue further because I think the blanket approach may not be appropriate in terms of incorporating certain features that are good and some that are not necessary so I would like to get back to you on that. . Lehigh: Thank you gentlemen. FIRE PREVENTION BUREAU LEAVES Mr. Levenson: When do you want it on? Mr. Adams: We have to work with them so lets just do it once. '14Mr. Lehigh: Well, then there is no sense coming hack the 28th then. Mr. Adams: I can't accept the Highway Specs. I think we need further refinement of this. Mr. Fanuele: I have got to tell you right now that I have a serious problem with putting a private road in there. We do not want to create another private road in the Town of Wappinger. If one exist you might have to give approval to build upon it, but to create another road .. Mr. Adams: Well, lets let the engineer look at it. Mr. Fanuele: I am trying to tell you whatever: the engineer says that I still might have a major feeling on it. Mr. Adams: I hear you Victor_ �k✓. Lehigh: Would you like to adjourn this until the 20th of March? Mr. Prager: That doesn't sound right_ Mr. Levenson: They have to wait for the Fire Prevention Bureau. Wappinger Zorn i rlg Board Minutes - February 14, 1995 Page E Mr. Prager: That is the second Tuesday of the month, isn't it? The 14th of March is the second Tuesday. That is the same night that we meet. Mr. Levenson: Will you take a verbal_? Mr. Adams: When is your first meeting in March? Mr. Prager: The 14th. Mr. Adams: Maybe the best way to do it is the direct input is the hest input Mr. Levenson: Mark it for the 14th of March. Do you have the papers on the discussion of Appeal 1191? Mr. Lehigh: Yes, #1191 is 3 Sabra Lane. Is it already built? Mr. Levenson: Yes, it is a pre-existing condition. Mr. Praaer: Have you seen it? What is it made out of? Metal or wood? Mr. Levenson: Yes, wood. %*. Fanuele: How long has it been up? Mr. Lehigh: Is it a bi.g problem having to move it? Mr. Fanuele: How long has it been tip? Mr. Levenson: Since 1957. Mr. Fanuele: How did we find out? Is it a violation that somebody turned him in? Mr. Levenson: He is refinancing his mortgage. Mr. Lehigh: Anybody need anything else? Mr. Fanuele: No. I make a motion that we adjourn. Mr. Prager: Second. Vote: All aves. MEETING ADJOURNED 7:50 P.M.. Respectfully submitted, A a nn Linda. Nguyen, ose6Ietary Town of Wappinger Zoning Hoard of Appeals