1995-04-11AMENDED AGENDA
Town of Wappinger Zoning Board of Appeals
April 11, 1995
Public Hearing - 7:30 P.M.
Approval of March 28, 1995 minutes.
PUBLIC HEARINGS
9
Town Hall
20 Middlebush Road
Wappinger Falls, N.Y.
Appeal #1192 - 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
variance for a second sign on property located on Myers Corners Road and
Identified as Tax Grid #19-6258-03-350303-00 in the Town of Wappinger.
Appeal #1193 - At the request of Pizzagalli Development Co. who is seeking
a variance of Article IV, Section 422.25 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.
k0opeal 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 Pizzaaalli 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 113 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.
REQUEST FOR INTERPRETATION
Appeal #1199 - At the request of Rabco Landscaping & Contracting Inc.
(Contract Vendee - Guarino property) seeking an interpretation of the
Zoning Administrator's opinion on the use of the subject property under
Article IV, Section 422.8 paragraph 7. This paragraph limits the size of
the building to 2000 sq. ft. and the applicant is requesting a 4000 sq.
ft. building, plus or minus and this property is identified as Tax Grid
#19-6357-03-220050-00 in the Town of Wappinger.
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Town of Wappinger Zoning Board of Appeals
April 11, 1995
Minutes
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Members Present
d
Town Hall
20 Middlebush Road
Wappinger Falls, N.Y.
Mr. Sasser: Chairman Mr. Lehigh: Member
Mr. Prager: Member Mr. Fanuele: Member
Mr. diPierno: Member
Others Present
Mr. Levenson, Zoning Administrator
Mrs. Nguyen, Secretary to the Z.B.A.
APR 2 5 1995
PLANNING BOARD
7f%RllRlf% 00AR'1 AC Art.... -
Mr. Sasser: Would the clerk call the roll please?
ROLL CALL
Mr. Prager: Here. Mr. Fanuele: Here.
Mr. Lehigh: Here. Mr. diPierno: Here.
Mr. Sasser: Here.
Mr. Levenson: All present, Mr. Chairman.
Mr. Sasser: We will dispense with the formalities of the smoking in the
zilding. We have minutes from March 28th to approve. Everyone received
�Rocopy? Any comments?
Mr. Lehigh: I make a motion that they be approved as written.
Mr. Prager: Second.
Vote: All ayes.
Mr. Sasser: Why don't we move ahead and change the order of this appeal
around and do the request for the interpretation now?
Mr. Levenson: Do you think we should wait? Mr. Millardi is coming in the
door.
Mr. Sasser: Do you have somebody here for interpretation?
Mr. Levenson: No, not yet.
Mr. Sasser: We are just going to move it on.
Mr. Levenson: I think you should wait until they come inside.
Mrs. Nguyen: There is Rabco now. Everybody is here now.
rTSCUSSION
Mr. Sasser: You gentlemen need some time?
Mr. Millardi: Maybe 30 seconds and we will be all set.
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Wappinger Zoning Board
Minutes - April 11, 1995
Page 1
Mr. Sasser: I will read the appeal. The first item for business tonight
is a public hearing for Appeal 1192 at the request of Pizzaaalli
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 variance for a second sign on property
located on Myers Corners Road and identified as Tax Grid
#19-6258-03-350303-00 in the Town of Wappinger. For the sake of speeding
things up tonight we are going to have public hearings on all four of
these appeals tonight and we are going to take a vote on the appeals at
the conclusion of the presentation and the public input. We have already
had a Negative Dec. on this. Has the publication been ..?
Mr. Levenson: Yes, the publications are completed and the mailings are
correct.
Mr. Lehigh: I make a motion that we open the public hearing.
Mr. diPierno: Second.
Vote: All ayes.
Mr. Millardi: You ready? What we have here for our exhibit
Ian of the proposed change that Laerdal would like to make
zzagalli's building as a tenant. Lets take this in order
Mr. Sasser: if I could
vote until the end just
whole thing that would
Mr. Millardi: Sure.
is a site
to
just make a suggestion? We are going to hold the
for speediness. if you want to go through the
be fine.
Mr. Sasser: If you do it from the beginning then, it will be easier for
you to say it all instead of chopping it up.
Mr. Millardi: O.k., I just want to make sure we get all of the ideas that
we are talking about. First, there is several elements that we will look
at, but the first element that has to deal with a variance is an addition
of a sign that will identify at the westerly entrance that Laerdal's
entrance will be the second left. The easterly entrance, which is right
here. Beyond that we have got the request for the change in the floor
area ratio on site coverage. This drawing really shows two phases.
Initially, as a tenant in the short term, there will be no proposed
additions to the building. But, there is possibly a future addition that
we are looking at here, which would be warehouse expansion. With that we
would need the variance on the floor area ratio and the site coverage. I
believe the fourth item we have is the change to the parking. We are
showing right now the deleation of one double row of parking right here
and the installation of landscaping. This reduces the parking down to 259
k,pm the existing 372, which is below the actual zoning requirements, but
well within any parking that Laerdal needs. The staffing for the building
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Wappinger Zoning Board
Minutes - April 11, 1995
Page 2
is projected at about 200 people. This would leave them sufficient
parking for one car per person and plenty of visitor parking spaces. When
we get into the second phase, which is shown by the dotted line here, in
the event that they were to build an addition we would then restore the
parking. That can be done by basically taking out the landscaping, and it
can be put in very easily. There might be another solution that could
come up later, but there is plenty of room on the site for restoring the
parking to the number we are requesting, 259. Also, at that time they
will take down the link building, 922. That is essentially the story
unless there is more information that you need to have filled in.
Mr. Sasser: Thank you. I would like to limit questions and input at this
point and time just to keep the matter straight to the sign variance first
before we open the other public hearings. Is there anyone in the public
tonight who would like to speak with regard specifically to the sign
variance? Let the record show that no one was here. Gentlemen, do you
have any further comments? O.k., we will move on to Appeal #1193. I am
sorry lets have a motion to close the public hearing.
Mr. Prager: I make a motion that we close the public hearing.
Mr. diPierno: Second.
Vote: All ayes.
r. Sasser: The next public hearing is Appeal #1193 at the request of
Pizzagalli Development Co. who is seeking a variance of Article IV,
Section 422.25 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%) variance on property located on Myers
Corners Road and identified as Tax Grid #19-6258-03-350303-00 in the Town
of Wappinger. Motion to open the public hearing?
Mr. Lehigh: So moved.
Mr. Fanuele: Second.
Vote: All ayes.
Mr. Sasser: Is there anyone in the public who would like to speak with
regard to the variance and lot coverage? Let the record show there was
nobody. Gentlemen, do you have any questions regarding the ..?
Mr. Lehigh: I make a motion that we close.
Mr. Prager: Second.
Vote: All ayes.
Mr. Sasser: The next appeal is 41194 at the request of the Pizzagalli
velopment Co. who is seeking a variance of Article IV, Section 422.25
where you are required to maintain a 0.2 maximum floor area ratio and you
are requesting 0.4 floor area ratio, thus requiring a 0.2 floor ratio on
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Wappinger Zoning Board
Minutes - April 11, 1995
Page 3
property located on Myers Corners Road and identified as Tax Grid
#19-6258-03-350303-00 in the Town of Wappinger. Motion to open the public
hearing?
Mr. Prager: I motion to open the public hearing.
Mr. Lehigh: Second_
Vote: All ayes.
Mr. Sasser: Is there anyone in the public who would like to speak
specifically with regard to the floor area ratio? Let the record show
there was no one.
Mr. Fanuele: I make a motion to close the public hearing.
Mr. Lehigh: Second.
Vote: All ayes.
Mr. Sasser: The next appeal is 41195 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 113 parking spaces on
roperty located on Myers Corners Road and is identified as Tax Grid
%#'"19-6258-03-350303-00 in the Town of Wappinger. Motion to open the public
hearing?
Mr. diPierno: So moved.
Mr. Lehigh: Second_
Vote: All ayes.
Mr. Sasser: Is there anyone here in the public that would like to speak
with regard to the parking spaces? Yes sir. Can you give us your name
and address?
Mr. Herzog: My name is John Herzog. I live on Four Fields Road, which is
a private road off of Myers Corners. To the west end of the building. I
have just one question with regard to the parking that our road, which
goes to a dead end into the back area lot here, it would kind of be off
into this area, still be designated not for use by the public access at
all?
Mr. Sasser: Herb, you could probably answer that question.
Mr. Levenson: Four Fields Road is a private road.
Mr. Herzog: It is a private road owned by the Pizzagalli Development Co.
I just want to make sure that in either reducing the parking or
changing access to the property ...
Wappinger Zoning Board
Minutes - April 11, 1995
Page 4
Mr. Sasser: This particular appeal wouldn't address that. That would be
the Planning Board. However, it is my understanding there is no change to
whatever it is now.
Mr. Levenson: There is going to be no change.
Mr. Herzog: There is no change to that or make .. Pizzagalli main
entrance?
Mr. Levenson: None whatsoever. There is no change.
Mr. Millardi: In fact sir, if I could add to that? There is actually two
parcels of land there. The private driveway is on the second parcel of
land.
Mr. Herzog: Yes, I know. I just wanted to come and make sure.
Mr. Sasser: This Board is not dealing with that particular issue at all.
If it was to be dealt with it would be a Planning Board issue, but these
are the people who will also be before the Planning Board so they can
probably answer your questions.
Mr. Levenson: Everything will remain the same.
Herzog: Everything will remain the same. All right, is there a
M,-anning Board meeting?
Mr. Levenson: Planning Board meeting is going to be on the 17th. You
should have gotten notice.
Mr. Herzog: Yes, I got a notice. I guess last week.
Mr. Levenson: You should have gotten notice last week.
Mr. Herzog: Thank you.
Mr. Sasser: Thank you Mr. Herzog. Is there anyone else who would like to
speak with regards to the matter of parking? Let the record show there
was nobody else. Gentlemen?
Mr. Lehigh: I motion to close the public hearing.
Mr. Fanuele: I would like to make one comment. The reason that we are
not commenting on this, for the people in the audience, is that we went
through this a couple of times, a couple of meetings, so we are looking
for public input now. We already had our discussions.
Mr. Sasser: Thank you Mr. Fanuele. I am glad you pointed that out.
Mr. Levenson: Who made the motion?
Mr. Sasser: We have a motion by Mr. Lehigh to close.
Wappinger Zoning Board
Minutes - April 11, 1995
Page 5
%WMr. Prager: Second.
Vote: All ayes.
Mr. Sasser: With regard to Appeal ##1192, can I have a motion please?
Mr. Lehigh: I would like to make a motion that we, ##1192, 1193, 1194, and
1195 that all deal with the same piece of property be granted the
variances. It affects the same piece of property and it is a good thing
for the Town.
Mr. Sasser: Very good.
Mr. Lehigh: And it affect nobody other than that one piece of property.
Mr. Sasser: Very good. I would like to make sure just so we can have
some discussion before the second, does anyone have a problem with one
vote for all of these because you have the right to vote differently on
each one?
Board: No.
Mr. Sasser
OLL CALL
Very good and a second by Mr. Prager.
Mr. Fanuele: Aye. Mr. Prager: Aye.
Mr. diPierno: Aye. Mr. Lehigh: Aye.
Mr. Sasser: Aye.
Mr. Levenson: Mr. Chairman, all vote unanimously in favor of granting the
four variances ##1192, 1193, 1194 and 1195.
Mr. Sasser: That will be filed with the Town Clerk, probably Friday.
DISCUSSION
Mr. Sasser: The last item on the agenda tonight is a request for
interpretation. It is Appeal #1199 at the request of Rabco Landscaping &
Contracting Inc. (Contract Vendee - Guarino property) seeking an
interpretation of the Zoning Administrator's opinion on the use of the
subject property under Article IV, Section 422.8, paragraph 7. This
paragraph limits the size of the building to 2000 sq. ft. and the
applicant is requesting a 4000 sq. ft. building, plus or minus and this
property is identified as Tax Grid ##19-6357-03-220050-00 in the Town of
Wappinger. This is a workshop item and we are here for input. Is there
anybody here representing Rabco? Gentlemen, can we have your names?
Mr. Ron Rabasco: I am Ronald Rabasco.
Mr. Al Rabasco: Al Rabasco_
* Sasser: You are the principles of Rabco? One of the provisions of
t'fie Zoning Board of Appeals is to issue interpretations when there is a
difference of opinion as to what the Zoning Law is in this particular
Wappinger Zoning Board
Minutes - April 11, 1995
Page 6
Town. That is what you have asked us to do. What we are doing at this
point and time is this is a very informal process tonight that we call a
workshop. Thats where we get an idea of what it is that you are looking
for. We ask for any additional information that we think we might need
from you in order to come up with our determination. Our decision will
not be rendered until the next Z.B.A. meeting. We are going to have to
take this information and study the laws and determine what our opinion is
with regard to that. Our next meeting is scheduled for the 25th of
April. At that point and time we would ask all of the members of the
Board to be here and and you would as well, so we can actually discuss it
and allow the public to be here even though it is not a public hearing,
but we would allow the public to be here to make the decision, but
basically we are putting it off for two reasons. Because I, and I am sure
the rest of the Board does as well, want to be able to understand exactly
what you are looking for and have time to digest that information before
we make a decision on that. Can you tell us what you are looking for?
Mr. Ron Rabasco: We are going to run a landscape retail operation. I
produced a narrative that describes exactly about our company. It is all
in there.
Mr. Sasser: I don't have one. It was probably mailed to me and I just
don't have it_
Levenson: The narrative was sent to you with the application.
Mr. Sasser: I probably .. I don't have the application either. I blame
myself for that.
Mr. Prager: While Mr. Sasser is reading that, I just have a question. Do
you have any kind of a drawing of what you are going to build or I know
there is a building there now or it isn't?
Mr. Ron Rabasco: No.
Mr. Prager: There is nothing there now?
Mr. Levenson: vacant land.
Mr. Prager: O.k., do you have a drawing at least for the next meeting?
Mr. Ron Rabasco: We don't have a drawing yet. That is one thing we are
waiting to see if it was going to be ..
Mr. Prager: All right_
Mr. Sasser: Let me just ask you about the process. The Zoning Law as it
is interpreted by the Zoning Administrator is that a 2000 sq. ft. building
would be allowed as of right.
iRon Rabasco: We were informed that it was 2000 sq. ft. total
ncluding exterior storage, which ..
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Wappinger Zoning Board
Minutes - April 11, 1995
Page 7
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Mr. Levenson: That is correct.
Mr. Sasser: O.k., but you are looking to put up a 4000 sq. ft. building?
Mr. Levenson: The request is 4000, plus or minus, with some outside
storage which would be screened and hidden.
Mr. Sasser: O.k., let me .. just so I am clear on what ..
Mr. Al Rabasco: We looked at this piece of land and it's not like a 1/2
acre.
Mr. Levenson: 7 1/2.
Mr. Sasser: I understand, but I guess what I am getting at is are you
also of the opinion that if you follow the strict letter of the Zoning Law
that you would need a variance or do you believe what you are doing is
allowed without a variance?
Mr. Ron Rabasco: I find if the interpretation is 2000 sq. ft. of exterior
as well as the size of the building, I just don't find that realistic on 8
acres of land.
Mr. Sasser: I understand that. It may not be realistic and it may be a
eal poor law and it may inhibit. That is one of the reasons that the
oning Board exist. It's to provide relief to people who have a special
set of circumstances that the law should be broken for. That is one of
the things that we do and that is when we hear appeals. In addition to
that, we also provide interpretations and what I am trying to get at
actually is are you really looking for an appeal or are you just looking
for our opinion on who is right in the matter?
Mr. Ron Rabasco: One thing we were thinking of is the possibility that
.. We received a document listing what could be done on that Hamlet Mixed
Business Zoning. It wasn't clear. It just said, 2000 sq. ft. of retail
space. It didn't say, I was thinking possibly per acre. It didn't
clarify.
Mr. Sasser: I would just make a suggestion. It is only a suggestion, but
I would just make it just for the sake of your own time. You might
tomorrow want to go down to the Zoning Administrator's office and file an
appeal of his decision to get that process started because what can happen
here if you come back in two weeks and we say the Zoning Administrator is
absolutely correct, your wrong. We find that he is right in denying you.
That is when you still have the right to appeal it, but you will start
your appeal process then and you will be two weeks ahead of time if you do
it now. It just may save you a little bit of time.
Mr. Al Rabasco: So, you are saying it will save us time for a
interpretation. Obviously, we need an interpretation.
N7r. Sasser: In two weeks when we meet here again, and we make our
interpretation, we just tell you what we think. We just say he is right
Wappinger Zoning Board
Minutes - April 11, 1995
Page S
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your right and if he is right, you can't build there. You can't do
what you want without getting a variance. Then, you will have to appeal
again through him and come back before us again for the public hearing
process. So, what I am suggesting is perhaps you continue to do what you
are doing and we will meet in two weeks and give you the interpretation.
Pay the fee, it's not that much of a fee. He has denied you and appeal
his decision and then you will be back before us again sooner if the
decision that we render is not one that you find favorable.
Mr. Levenson: You save four weeks.
Mr. Sasser: Does that make sense?
Mr. Ron and Al Rabasco: Great, yes.
Mr. Sasser: Never the less, go ahead and tell us exactly what you are
looking to do so we will understand.
Mr. Ron Rabasco: It is all in that narrative. In a nut shell it is a
landscape retail operation.
Mr. Sasser: Are you gentlemen clear on it? Do you have any other
questions on it?
r. Lehigh:
Mr. Prager:
Yes.
If you like just give us a little synopsis of it.
Mr. Ron Rabasco: I don't know if you are familiar with Riggio's, but is
very similar to that type of operation. Decorative stone. We work a lot
with the unilock system. I don't know if you are familiar with the paver
system in which we would provide sales of that product.
Mr. Sasser: Will you have displays in piles out in the yard?
Mr. Ron Rabasco: That is correct.
Mr. Lehigh: Are you figuring on having that in the 2000 feet?
Mr. Ron Rabasco: In the 4000 sq. ft.? No. That is clear in my narrative
that obviously in a landscape retail operation, exterior storage has to be
significant. This is the reason that we are looking at a 7 1/2 acre
parcel of property.
Mr. Sasser: Are these gentlemen going to have to go before the Planning
Board for this?
Mr. Ron Rabasco: We have already done so with a discussion.
mr. Sasser: Oh, you have. I will have to pull those records and read
% oat again.
Mr. Ron Rabasco: There seemed very little resistance from the Planning
Wappinger Zoning Board
Minutes - April 11, 1995
Page 9
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Board as far as that. That is why we decided to pursue this further.
That is basically the type of operation. As far as the exterior storage,
that is even more important as far as the square footage area that is
interpretated with that.
Mr. Lehigh: That isn't part of it at all then? None of this is going to
be closed in or like a shed over the ..?
Mr. Ron Rabasco: If you are selling plants, because we have a nursery
stock, you don't have them inside a building.. That is absolutely
correct. As well as the storage of the decorative stone. This is all
exterior storage stuff.
Mr. Lehigh: You still need 4000 ft. of enclosed space for your retail?
Mr. Ron Rabasco: Well, I really didn't want to be restricted to 2000
figuring as far as to be able to keep the Zoning Administrator's concern
was to be able to keep interior storage of the equipment that would be
necessary to run this operation. The equipment not being unsightly. That
was part of the reason for that size building. To be able to keep
interior storage.
Mr. diPierno: When you say equipment you are referring to fork lifts and
things like that?
r. Ron Rabasco: That is correct.
Mr. Sasser: The actual building would be 4000 sq. ft.?
Mr. Al Rabasco: We are flexible. We haven't even decided ourselves.
Mr. Sasser: But, more than 2000?
Mr. Al Rabasco: Right.
Mr. Ron Rabasco: Yes.
Mr. Prager: ..... Potential for expansion.
Mr. Al Rabasco: We don't want to start out and realize we are out of room
the first year we are in business. See what I mean? That is our problem.
Knowing we have the land there, we don't want to be restricted.
Mr. Sasser: Well, as long as you are over 2,000 sq. ft. you are
definitely looking for an interpretation. Again, my suggestion is that
you go down tomorrow and file an appeal.
Mr. Ron Rabasco: There is a very good change that we would be able to
come up with a design once we meet with our engineer. We are waiting for
this process in all honesty before we invested the money into the
awings.
Mr. Sasser: I would also advise you to wait on that also. I wouldn't
Wappinger Zoning Board
Minutes - April 11, 1995
Page 10
want to see you spend a lot of money on all kinds of .. and come back here
and just have us .. and I am not suggesting that we would say no, but
there is always the possibility ..
Mr. Al Rabasco: Right, while we are waiting for it.
Mr. Ron Rabasco: There is a possibility that we would be able to come up
with a design that was 2000 sq. ft. of building space that would be
sufficient to us. There is that possibility.
Mr. Al Rabasco: Not including storage though.
Mr. Ron Rabasco: Right, not including exterior storage. It is very
important to know what the interpretation is.
Mr. Sasser: One thing that is important for you to know is that we are
bound by several criterion when we make a decision. It is not just a
matter of do we think it is a good idea or don't we think it is a good
idea. There are five very stringent set of rules that we apply to
everybody who is appealing things. One of those things that we have to
consider is that we must grant you the minimum variance necessary in order
to provide you the relief. So, when the time comes that you do appeal, if
you know that you can get by with a 2800 sq. ft. building, don't appeal
r a 4000 sq. ft. building. If you don't need it, we are not going to be
"o
le to grant that to you. We are here to help you and provide some
relief from stringent zoning laws that don't particularily apply to you.
Mr. Ron Rabasco: This is why as far as the exterior storage situation is
extremely significant as far as the interpretation because we may opt if
it is not in fact the 2000 sq. ft. limit, if that is the case, for the
whole 7 1/2 acres of property. If that is the case, not including
exterior storage, then we may consider purchasing this piece of property
and constructing a 2000 sq. ft. building and figuring at the point of time
of expansion if necessary then go for a variance at that point and time.
So, the exterior storage situation is definitely important to us.
Mr. Lehigh: Have you ever considered the possibility of doing 2000 for
retail and another building to put your equipment in?
Mr. Al Rabasco: That was another thing that we didn't know if you could
do that_
Mr. Lehigh: I assume that is two different buildings and you should be
able to put two different buildings on 9 acres of land_
Mr. Al Rabasco: According to that we still need the interpretation
thought, right? I mean can you do that?
mr. Sasser: Not necessarily.
Mr. Levenson: Not necessarily. That question was never brought up.
Mr. Al Rabasco: Another words, technically we could actually have ..
i
Mr. Sasser: Depending on what the zoning is.
buildings on 9 acres.
Wappinger Zoning Board
Minutes - April 11, 1995
Page 11
I am sure you could put two
Mr. Al Rabasco: The question did come up as far as not the specific
situation as far as two buildings, but the situation was that it was 2000
sq. ft. of total storage interior and exterior storage.
Mr. Levenson: That is the way that I interpreted the law.
Mr. Al Rabasco: Per building he is saying. He said you could put more
than one.
Mr. Ron Rabasco: Wait, that is why we need the interpretation. If it is
in fact 2000 sq. ft. total storage. If we wanted two buildings that would
mean one, one thousand and another one thousand sq. ft. building. If it
is in fact the situation where you can have a 2000 sq. ft. buildings no
more for each building. That is also important to have that
interpretation.
Mr. Al Rabasco: Obviously, if I can put two, two thousand sq. ft.
buildings up that can not include outside storage?
'r. Sasser: Herb, your interpretation is that the storage of plants and
�406locks out in the yard is included in this ..
Mr. Levenson: 2000 sq. ft.
Mr. Sasser: 2000 sq. ft. O.k.
Mr. Fanuele: This district is a hamlet mixed business. It is not highway
Mr. Levenson: No, it is not highway business because highway business
they wouldn't be in_
Mr. Fanuele: I think we have to keep in mind that what he is asking for
is in the hamlet mixed zoning.
Mr. Lehigh: We will have to take a look at the lot. I don't even know
where it is to tell you the honest truth.
Mr. Fanuele: The ..... reason for hamlet mixed is what we are talking
about here. Hamlet mixed in my mind is something where it is more or less
of a community service .. an operation this size. I don't know. I will
have to think about it.
Mr. Ron Rabasco: It describes it as a retail business, community and
nature. If a nursery is not community and nature by definition what is
,re of a community retail?
Mr. Fanuele: They have a size here for the reason to keep it small.
a 7 1/2 or 8 1/2 acre business.
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Wappinger Zoning Board
Minutes - April 11, 1995
Page 12
Mr. Al Rabasco: Well, I don't think it is going to be that big.
Mr. Fanuele: Well, you have that much property.
Mr. Al Rabasco: No, we have a lot more to deal with this property.
Mr. Ron Rabasco: It is physically impossible to use the full 7 1/2
acres. There is no question in our mind that we are not going to be able
to use the full 7 1/2 acres here. There is a creek there. That means 100
ft., the whole length of that creek which borders that property is not
useable. So, it is not going to be a 7 1/2 acre operation to be run out
of there_
Mr. Levenson: The water shed rules require 100 foot.
Mr. Sasser: What does it border, the Wappinger Creek?
Mr. Ron Rabasco: Yes.
MIXED DISCUSSION
Mr. Al Rabasco: I check with the .. There is no wetlands there as far as
tate wetlands_
Mr. Sasser: We have to be careful though to make sure that there is not
another agency that we have to notify. I'm not sure that there is, but
there might be in this situation.
Mr. Lehigh: That could be if they are going to infringe on it ..
Mr. Al Rabasco: We have federal wetlands. We already notified them. We
have state wetlands and we already notified them. Federal, what they do
is if you say all right Al, if I get past this point then I have to hire a
.. They are not like D.E.C. They don't have anything mapped out. We have
to hire an engineer to tell them if there is wetlands there and then they
come and tell you if you are right_
Mr. Sasser: Right, because you are bordering a creek, which may very well
Mr. Al Rabasco: Which is the D.E.C. and the federal.
Mr. Levenson: Bordering the creek requires a 100 foot buffer on each
side.
Mr. Fanuele: About how much useable land do you think you have?
Mr. Al Rabasco: Our border is the creek so useable you probably have got
,r
or 6.
Mr. Prager: Is this next to the buildings that are there now or is it in
back of it'd
K
Wappinger Zoning Board
Minutes - April 11, 1995
Page 13
Mr. Al Rabasco: Do you know where Royal Carting is? Actually, we are
next .. Royal Carting is in East Fishkill, but then you cross the bridge.
As soon as you cross that bridge that is the boundary of the property.
There is a building down in there now low, which like in the back there,
there is garbage all in there. There is some old buildings and stuff in
there that is really off the property. This property butts almost up to
it. Another words, it comes up right to that little shed in the back.
Other people have tried. I don't know if you guys know, the problem with
this land is that it is in the flood zone. It is, I realize that. It is
only in by a couple of feet. So, where you put the building, you have to
bring it up a couple of feet and you are out of the flood zone.
Mr. Ron Rabasco: This is the reason why the Planning Board felt this was
a good type of an operation for this piece of property because of that.
Mr. Al Rabasco: You can't have any kind of a business there really.
Mr. Lehigh: Now, you are behind those stores?
Mr. Ron Rabasco: No, next to them.
Mr. Levenson: Next to then.
r. Al Rabasco: We own from that store, it would be from that store all
the way over to the bridge. Right to the creek.
Mr. Lehigh: How far back?
Mr. Al Rabasco: It goes back all the way to the back of the creek again.
Mr. Levenson: Way back to the creek_
Mr. Lehigh: It used to be a junk yard in there.
Mr. Ron Rabasco: It is. It still is.
Mr. Al Rabasco: It would probably take 50 dumpsters to clean it out. It
is incredible how much stuff is in there.
Mr. Sasser: Gentlemen, are you going to need anything else before ..?
Mr. Lehigh: I know where it is now. I didn't know where it was before.
Mr. Sasser: O.k., in two weeks we will be back for the interpretation and
discuss it again and at that point and time we will render a decision on
the interpretation. Mean while it is your choice if you want to go ahead
and .. It just might save you a little time -
%w:,. Ron Rabasco: O.k.
Mr. Al Rabasco: Thank you guys for your time.
9
Wappinger Zoning Board
Minutes - April 11, 1995
Page 14
Mr. Sasser: Can I have a motion to adjourn?
Mr. Lehigh: So moved.
Mr. diPierno: Second.
Vote: All ayes.
MEETING ADJOURNED AT 8:08 P.M.
Respectfully submitted,
Mr'§ . Nguyen,USeretary
Town of Wappinger Zoning Board of Appeals