1995-11-28
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~n of Wappinger Zoning Board of Appeals
November 2B, 1995
Agenda - 7:30 P.M.
Town Hall
20 Middlebush Road
wappinger Falls, N.Y.
Approval of November 6, 1995 minutes.
PUBLIC HEARINGS
1.
Appeal #1214 - At the request of Robert Deshonq who is seeking a
variance of Article IV, Section 420.3, where you are required to
maintain a 25 ft. side yard and you are showing 1B.3 ft., thus
requiring a 6.7 ft. side yard variance to add an addition to a single
family residence for property located at 24B Pine Ridge Drive and is
identified as Tax Grid #19-6257-04-7400B7-00 in the Town of wappinger.
2.
APpeal #1215 - At the request of Dimitrious Diamantopoulos who is
seeking a variance of Article IV, Section 420.3, where you are
required to maintain a minimum 50 ft. rear yard and you are showing 34
ft., thus requiring a 16 ft. rear yard variance to add an addition on
a single family residence for property located at 19 Brothers Road and
is identified as Tax Grid #19-625B-04-765406-00 in the Town of
wappinger.
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ADJOURNED PUBLIC HEARINGS
Appeal #1210 & 1213 - At the request of Gasland Petroleum Co., Inc. who
are seeking a variance of Article IV, section 446.6 whereas they are
required to maintain 2500 ft. between filling stations and they are
seeking a variance of Article IV, Section 440.3.1 whereas no gasoline
filling station shall be within 1000 feet of the boundary line of any
residence. The property is located on old Hopewell Road and Route 9 and
is identified as Tax Grid #19-6157-02-610544 in the Town of Wappinger.
DISCUSSIONS
1. spotted Owl Development Corp. - To make a determination on Appeal
#120B for an existing undersized lot located at 6 Montfort Road in the
Town of Wappinger.
2. Charles J. Palazzo - Discuss Appeal #1216 requesting a 1.7% variance
for a driveway grade for property located at 27 Dugan Lane in the Town
of Wappinger.
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Town of Wanninger Zoning Board of Appeals
November 28, 1995
Minut.es
Town Hal]
20 Middlebush Road
Wappinger Falls, N.Y.
M~ers Present
Mr. Prager:
Mr. Fannele:
Chairman
Member
Mr. T,eh; gh: Vi C"-' ,..,1.
Mr. di Pi erno: Mpmb~T
others Present
Mr. Albert P. Roberts, Town Attorney
Mr. Don Close, Zoning Administrator
Mrs. T.inda NguYl?n, Secret.ary to the Z. B. A.
APPROVED
lite , , IWS
Mr. Prager:
order. Can
fIlANNING DRD 0-
r call the Town of Wappinger Zoni~'~05"''P~e~s
I have the roll call please?
to
ROLL CALL - All present.
Mr. Prager: Just for everybody's information if your new here, I know a
number of you have been here for a number of weeks, but this is a no
smoking building. Your emergency exits are to your left. That is the one
with the note that says do not open. We also have doors in the rear that
are also emergency exits. The first item for business on the agenda
tonight is the approval of the November 1, 1995 minutes.
M.... Lehigh: I move that they be accepted as written.
Mr. diPierno: Second.
Vote: All ayes.
Mr. Prager: The next item on tonights agenda is a public hearing on
Appea] # 1214 . At. the request of Robert Deshona who is seeking a vari ance
on Article IV, Section 420.3, where you are required to maintain a 7S ft.
side-yard and you are showing 18.3 ft. side-yard, thus requiring a 6.7 ft.
side-yard variance to add an addition to a single family residence for
oronertv located at 248 pine Ridae Drive and it is identified as Tax Grid
.. --... ... ."
19-6257-04-740087-00 in the Town of Wappinger. Linda do we have proof of
publication?
Mrs. Nguyen: Yes.
Mr. Prager: Can I have a motion to open the public hearing?
Mr. Lehigh: So moved.
Mr. Fanuele: Second.
Vote: All ayes.
M~ Prager:
Mr. Deshong could you just state your name for the record?
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Wappinger Zoning Board
Minutes - November 28, 1995
Page 1
~. Deshong: I'm Bob Deshong and I live at 248 Pine Ridge Drive and I was
here at the workshop two weeks ago requesting this variance so I may have
a bedroom onto the existing property that I live in now. I think I gave
you most of the reasons why I did.
Mr. Prager: Maybe you could just go over them again.
Mr. Deshong: Pat's mom has just been through some major medical problems
and she would be staying with us for some time. My father spends, pretty
much, a good part of the summer with me. He is getting older and I need
the room. I just need the extra space in my house, or a bedroom. I have
had an architect come and render the addition for me and I've tried many
ways to cut it back or move it or change it in any way that I could and
this is the only appropriate spot that he could find. I couldn't make it
any smaller, I've tried. I've already shortened it to a point and I am
here appealing to you that I could use the extra 6.7 feet to extend to
extend this enclosure.
Mr. Prager: I know at the last meeting you mentioned that this was just
about the only place that you could put that addition.
Mr. Deshong: That is correct. I also have had landscape architects draw
up all different types of landscape architecture to make it, certainly,
appropriate to the rest of the house and the rest of the property. I plan
r~ keeping it in line with the house, not to change the environment in any
~. I keep a pretty appealing house. I assure you that it would remain
that way once it was completed.
Mr. Prager: O.K., is there anyone in the audience that would like to
speak for or against this appeal?
Mr. Schaeffer: I'm Fred Schaeffer I'm an Attorney with Corbally,
Gartland & Rappleyea in Poughkeepsie. I represent Mrs. Rosa Corbeels, who
is the next door neighbor that owns a house on the side of the property
where the addition is going. I have submitted a letter, the original and
a couple of copies, which I will read to the Board in opposition to this
variance. I'm speaking for Mrs. Corbeels, but she is going to say a few
words. She is recently widowed and very nervous so she felt she really
needed some professional assistance in this. Even though it may not seem
like a major matter to this board, it is a major matter to her since she
is the immediate neighbor next door. So, as I said, Mrs. Corbeels is
opposed to this application for a number of reasons. First, it will
greatly reduce the value of her property and the value of all properties
in the neighborhood. The area is zoned for lots of one acre and has side
lot restrictions of 25 feet in order to establish a comfortable distance
between the dwellings. Mrs. Corbeels and her late husband were motivated
to buy their property in reliance upon these standards. They paid a price
consistent with those standards. The applicants house is already on a
substandard lot. I would believe it is on about a half acre lot. If this
variance is granted it will enlarge the existing residence to cover almost
~y whole width of the applicants lot so that it would look like the
~ses are right on top of each other. This will seriously devalue the
Corbeels house and other houses in the neighborhood. In addition, the
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Wappinger Zoning Board
Minutes - November 28, 1995
Page 2
L-Pse proximity will shorten the distance between the houses to the extent
~at noise from the Deshong residence will invade the quiet sanctity of
the Corbeels home. Although, you have the power to grant variances, it
should not be done lightly, but only where a true hardship exists.
Otherwise{ zoning standards have no meaning at all. To justify an
encroachment of this side lot setback the applicant should have to show
more than that he needs just because he expects visitors to occupy
additional room. The applicant has not shown practical difficulties in
living on the premises. In fact, Mrs. Corbeels tells me that it had
previously been occupied very comfortably by a family of four. The
applicant created his own hardship by putting in a pool some years ago,
otherwise the addition could have gone where the pool is. The applicant's
architect could have designed a room which stayed within the sideline
restrictions if he or she was directed to do so. Mrs. Corbeels submits
that this addition is just for the convenience and not to overcome a
hardship. Finally, Mrs. Corbeels well is located in the area between the
houses. She is concerned that a foundation built so close to the well
will adversely effect the water supply. Mrs. Corbeels has spoken to other
neighbors and she is going to submit some material about that. But most
of them share the same feelings and want to keep the current 25 foot
setback standards in tact. In conclusion, we are asking that you deny
this application. I am going to ask Mrs. Corbeels to do the best she can
to speak for a couple of minutes to you and that she can address some of
the ideas.
~-'s. Corbeels: I am Rosa Corbeels and I live next door to my neighbors on
~ Pine Ridge Drive. I have lived there since 1966, almost thirty years
now. I would take up something in the application here where on the
remarks Mr. Deshong wrote down there at the bottom, "The addition will not
produce any undesirable change to the neighborhood or nearby properties"
Well, I take issue with that. If this variance is granted and Mr. Deshong
is aloud to build this massive, it's not a small one, 480 square foot
master bedroom addition. He is not building anymore rooms now. He is
using his other master bedroom and, from the plans that you probably saw,
into a big bathroom. If this addition is in between the two houses it
will bring my house and Mr. Deshong's house so close together that it will
destroy the open space character of our development. It is one of the
areas where we have all open spaces. It will devalue my home and property
in my situation. I have to keep my property in good condition to be able
to sell it for whatever. How many people would pay top dollars for a
house that has two acres of land and then be crowded in there? They like
space and privacy when they buy a house with two acres of land. That was
there when Mr. Deshong planned this thing. I am not alone in my feelings
about the importance of upholding the current Zoning Law and to maintain
the open space character of our neighborhood. I have a petition here of
neighbors who all agree with me that we should keep that. The law is on
my side, I think, to keeping the 25 feet separation on the sideline, that
is not to much to ask. Mr. Deshong has still 13 feet that he can work
with. He can go upstairs and add an addition on the top. So, I would
like to ask the Board to deny this variance.
~. Prager: Thank you.
Mrs. Corbeels: I had eleven people sign and it is all close by
neighbors. Mr. Deshong, also, has already gotten a variance on this side
of the property to build an additional garage, enclosed garage, plus a
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Wappinger Zoning Board
Minutes - November 28, 1995
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~-port.
Mr. Prager: Thank you.
Mr. Deshong: Yes, I would like to comment. In 1979 I built a swimming
pool on left side of my property only because it was the only place I
could put it. It is a shame that this neighbor is still carrying this
grudge against me for putting my swimming pool on that side of the
property. As I told you, Pat and I both work and we are alone. We have
done major renovations to this to this house since we have moved in there.
As far as decreasing the value of the property, I think you all know that
if someone increases the value of there home it certainly increases the
value of the rest of the homes in the neighborhood. It doesn't decrease
it; so I disagree with that. When I put my swimming pool in there; every
night from the property line, I use to have the line cut and these people
took it very seriously that we put in the swimming pool. When we did this
addition we went over to see this neighbor to discuss this with her, to
work this out with her, to try and tell her. she would have nothing to do
with it. She didn't even listen to anything that I had to say. Now I ask
you, as this Board, that we were suppose to send five letters to five of
our close neighbors, which we did. Which I believe went back or came back
as the way they should. These neighbors that she said signed this letter,
I don't believe live anywhere near my house. They live a block away or
two blocks away. Did any of the neighbors in my local area sign that
letter?
~. Deshong: of the five ...
Mr. Deshong: Of the five that we sent, did anyone sign that letter?
Mrs. Corbeels: I don't know. I don't have the letter.
Mr. Deshong: You've got the letter. We have a right to see the letter
and who signed it, am I correct?
Mr. Schaeffer: Sure.
Mr. Deshong: We have a right to see it. I don't believe that there is
anybody in that neighborhood or in my vicinity.
Mr. Prager: what number are you?
Mr. Deshong: 248 pine Ridge Drive.
Mr. Prager: 254 . . .
Mr. Deshong: That is around the corner.
Mr. Prager: Is that 259 or 254? I'm not sure.
Mr. Deshong: All down . . . around the corner.
~ Prager: 155 . . .
272, 269, 264; 258 ....
Mr. Deshong: None of these people have access to see my house from that
vicinity. The five people that do, are there any? There are none.
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Wappinger Zoning Board
Minutes - November 28, 1995
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~. Prager: I was going to ask if there was anybody else.
Mrs. Corbeels: No, however,
Mr. Deshong: I have two letters from people who live, one who lives
directly across from me, which states in his letter, as you can see, that
I maintain my property to the utmost and keep the landscaping to the best
that I can.
Mrs. Deshong: There are two of the five that you were asked to send them
too.
Mr. Deshong: This is another one, also has no objection to the variance.
of the five people that you have asked me to send this letter to, the only
one who is objecting, is naturally my next door neighbor who is carrying
this grudge from the time that I put the swimming pool in there. I still
to this day, you can not see her house from that property. I have
pictures stating that you can. There are trees there, which I'm not going
to take one tree out. There is shrubbery there. I have a fence around my
pool. You can't even see the fence at times. I really don't know if any
environmental impact that I would have against my neighborhood by putting
this addition on. It is a 20 by 24 addition. 6.7 feet, I'm not going for
the moon here.
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~~s. Corbeels: Can I answer this please? I don't have any grudge toward
~ese people. When he put in that pool, what happened was he put the pool
in without a building permit.
Mr. Deshong: This is not a court of law right here. This has no bearing
on that. This is not anything that we need to bring up here right now.
Mrs. Corbeels: I can not bring that up?
Mr. Prager: That is not really..
MIXED DISCUSSION
Mr. Lehigh: wait a minute now, don't address each other. Address the
Board up here. That is who your talking to is this Board.
Mr. Corbeels: I don't have a grudge to them. My husband went over to
them to just say that we didn't even do it. We didn't even send that
thing over. All of a sudden there was this big ditch next to me. If he
had come over and told me there was going to be a swimming pool built, but
he did it without a building permit. I don't have a grudge against him.
Mr. Deshong: Permit has been gotten and permit has been made.
Mrs. Deshong: Can I just say one thing?
~. Prager: Sure.
Mrs. Deshong: I took the Z.B.A. 's advice when I first came and they said
go talk to your neighbor. I did try to do that. I have to tell you from
the moment that I tried to explain it and asked her to come out, she
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Wappinger Zoning Board
Minutes - November 28, 1995
Page 5
L~uldn't corne out. She wasn't very reasonable and willing to talk about.
~really tried to heed the advice of what you guys had told me to do.
Mr. Prager: You said you have trees between where the addition is going
to be?
Mr. Deshong: Yes, I do. This tree is not going down. The tree is
staying right there. All this shrubbery will stay there. I have a
Landscape Architect and if she wants I could put up a row of trees, if
necessary. Whatever is necessary. Two different plans from Lawrence
Farms that you guys can.. Putting up a row of Hemlock or putting other
decorations around there.
Mrs. Deshong: At our own expense.
Mr. Deshong: At our own expense. I have invested a great deal of money
into my property and my house. I constantly have neighbors corning by
telling how nice the property looks, how well it looks. It is a shame
that my neighbor doesn't think so, but I take a lot of pride in my house
and I keep it well. I don't think she could ever deny me of doing that.
I take very good care of my house and my property. I have a lot of people
in the neighborhood who constantly tell me that the house looks beautiful.
I can't, for the life of me, say that if there is any environmental impact
upon our neighborhood this would effect anybody. To the people who signed
the letter, there is nobody who lives in direct contact with my house who
~igned that letter..... if you tell me who that is, that would be fine.
~s. Corbeels: No and I just answered this question. The neighbors who
sent these letters live about two or three hundred feet away from him.
The person, Mrs. .......
Mr. Deshong: Mrs. Knauss, she lives right across the street from me.
Mrs. Corbeels: Three hundred feet from you.
Mr. Deshong: They look at my house all day, mam.
Mrs. Corbeels: The people across don't see the thing in between. I am
crowded in, that's all.
Mr. Deshong: May I also say one other thing about being crowded in?
Before I moved into this property, there is a piece of property behind my
house that was purchased or that was owned by all four of these people,
Mrs. Corbeel, the guy who lived in my house and the two other people.
There is a right-of-way in there that I guess they wanted to protect,
which is fine. When I left, when I bought this house the gentleman who
lived in my house sold that piece of property to the other three people so
that they would have it. Just recently, the guy that has lived on the
other side of the street sold this other property now to Mrs. Corbeel.
I'm under the understanding of that. So being isolated.... Mrs. Corheel
owns all of the property next to me and now all behind me. I would call
l. " .... she owns two acres of land. I wouldn't call that isolated. I
~l if anything, I'm the one that has the half acre and I feel isolated.
So there is no isolation there.
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Wappinger Zoning Board
Minutes - November 28, 1995
Page 6
~. Prager:
Mr. Deshong: Absolutely correct. There is no distortion to where it
would be on this chart.
And the addition will be in the same .....
Mrs. Deshong: Possibly you would like to come and inspect?
Mr. Deshong: If Mr. Close would come and inspect.... no question.
Mr. Lehigh: I, personally, would like to go up and view the property and
look at it before I pass a decision on it.
Mr. Prager: O.K.
Mr. Deshong: Well; you know.....
Mr. Lehigh: I would like to come up and see and look at it for myself to
see if there is anything that we can do to mitigate this variance.
Mr. Deshong: I have been here last week. You asked me to come to a
workshop. I came to the workshop. You asked me .... now I would have
liked for Mr. Lehigh to have you come up last week and to see this. I am
delaying this and delaying this and I thought this was a process that I
could go through today. You also told me if there would be any
environmental impact on my neighborhood. I informed you that my neighbor
~Uld not appreciate me doing this. I informed you then.
Mr. Prager: Right.
Mr. Deshong: Had you. .... now, why back then didn't you tell me that you
should go up and take a look at it? I invited Mr. Close to come up and
take a look at it. See what I am doing. I am not trying to hurt anybody
here. The point is, why didn't we do this last week? Why are we putting
this off to another meeting?
Mr. Lehigh: I would still like to make an on sight inspection.
Mr. Fanuele: Well, I think we should do some litigation, and landscaping
is one of the
Mrs. Corbeels: There is no landscaping that has to be done. In between
the pieces I have in between the houses I put Forsythia. Since 1966 there
have been pine trees planted that is why you can't see my house but I can
see his:.
Mr. Fanuele: Well, he is willing to put some of these and landscaping
down ...
Mrs. Corbeels: But I don't want the houses so close together. It is 25
feet, the sideline in the Town of Wappinger. Why do I have to come here
and beg you not to grant this variance. If there is a Zoning Law; what
~es it mean? I don't understand that? Explain to me.
Mr. Lehigh: The Zoning Law has a Zoning Board of Appeals to grant
variances to people.
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Minutes - November 28, ]995
Page 7
\.is. Corbeels:
Mr. Lehigh:
were happy with
o.k., ..
so they have a legal right to a variance.
it or not has no effect upon it.
Whether you
Mrs. Corbeels: Yes, but ....
Mr. Lehigh: Out of respect for you I would like to come out and look at
the site.
Mrs. Corbeels: O.K.
Mr. Prager: How do you feel about it?
Mr. diPierno: I don't see any harm in it, but I'm in a different position
because I know the property very well. I probably know the property
better than anybody on this Board.
Mr. Prager: What are your feelings? I mean it sounds to me like it
really doesn't matter if we see it or not.
Mr. dipierno: To me it doesn't because I have already been there several
times.
Mr. Lehigh: You haven't been, what do you think?
~. diPierno: If Al feels so strongly about it, I don't see anything
wrong with it.
Mr. Fanuele: Well, actually, try and mitigate the problem by putting some
landscaping around the new addition. whether it be these proposed or
something that would be created by talking to Mrs. Corbeels. I'm hoping
it would be something that would be suitable for both of you to try and
mitigate the problem.
Mr. Deshong: Around my swimming pool I didn't put just a fence. I put a
beautiful fence. I've done a real quality investment here. I don't do
things slip shot and this is not something that I understand. This fence
here is not just a picket fence going around a pool area. I invested some
money here. I am willing to spend some money to put Hemlocksl treesl
whatever it takes to get this done.
Mrs. Deshong: In addition to the $50,000 estimate.
Mr. Deshong: That it is going to cost me to do it.
Mrs. Deshong: If we thought that it was going to effect our property and
bring our value down, then we wouldn't be doing it.
Mr. Deshong: I wouldn't be doing it. I certainly don't want to make her
property go down either and I don't think that is the case.
~. Prager: Jerry, then you don't feel that we need to go see it? I
don't see any information that I'm going to gain by seeing it.
Mr. diPierno: No.
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Wappinger Zoning Board
Minutes - November 28, 1995
Page 8
~. Fanuele: I would like to
reasons, but try and mitigate
willing to talk to change the
would be more pleasing. Once
this problem.
go out and see it, not to see it for my
the problem. Would the two people be
landscaping, we could do something that
you get down and talk, you might resolve
Mr. Prager: Mrs. Corbeels, do you feel that if there is screening of any
kind that you would possibly change your opinion on this?
Mrs. Corbeels: O.K., I will answer that.
there. I had my Forsythia there already.
feet tall?
He put the beautiful fence
The fence is, I think, eight
Mr. Deshong: Seven feet tall.
Mrs. Corbeels: O.K., so this is preventing light and sun to come through
to the Forsythia already. It is just growing on the top. It is thinning
out on the bottom because it doesn't have any light.
Mr. Prager: So your feeling is that it wouldn't matter what type of
screening was up there it wouldn't. .?
Mrs. Corbeels: It is a massive building. It's not just... It is an
addition, a massive thing. It will be
~. Deshong: We have also lowered the pitch of the house another step so
it would be lower so that it won't effect light in any direction. I'm
doing everything that I can.
Mrs. Deshong: We really are, but as you can see there is no ......
Mr. Deshong: I can't see the environmental impact on anything. My
neighbor, who stares at my house, has given you a letter telling you that
Mr. Fanuele: We could go out and see it and hopefully we could ....
Mr. Prager: It doesn't sound to me like it is going to work out.
Mr. Fanuele: Give them the opportunity to ....
Mr. Deshong: I have tried to do that. I have tried to do that and it
doesn't seem to be getting us anywhere.
Mrs. Deshong: I have to share with you, after I heard Mr. Corbeel's died,
I actually went over and introduced myself to Mrs. Corbeel's, because I
wasn't there when the pool was put in, to send my condolences and to give
her my unlisted number in case god forbid she needed somebody at night.
She wouldn't talk to me then either. This is not about this.
~. Deshong: This is about something deeper.
Mr. Prager: I still feel by the sounds of this, and Mrs. Corbeels is
saying is it doesn't really matter what type of screening it doesn't
matter. Am I correct Mrs. Corbeels?
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Wappinger Zoning Board
Minutes - November 28; 1995
Page 9
~s. Corbeels: No;
Zoning Law. He can
add a big bedroom.
I just want him to work into the framework of the
add 13 feet to it. It doesn't matter. He could still
Mr. Prager: Is there any possible way of doing that?
Mr. Deshong: I can't_
Mrs. Corbeels: He will still have a bathroom.
Mrs. Deshong: We tried_
Mr. Deshong: We tried.
Mr. Deshong: We have lowered it down and we have made it small enough. I
can't do it.
Mrs. Deshong: A 484 sq. ft. bedroom; that is big enough isn't it? And he
eliminates a bedroom if he was just to add a bedroom. o.k., but now he is
eliminating one bedroom.
Mr. Lehigh: I would still like to see it just to set it in my mind one
way or the other; but if you don't think that we need to I ..-
~6~. Fanuele: A lot of issues came up here and I think I would like to
~ink about it a little bit and reflect on some of the issues.
Mr. Lehigh: Then, why don't we just go out and look at it and
Mr. Fanuele: We could come up to you and come out and talk to you and see
if something could be done and try to work out a solution that will
satisfy both of you..
Mrs. Deshong: Despite the fact that one of you gentlemen have already
seen it'?
Mr. Fanuele: The gentlemen that already saw it, that is fine, but he
can't make my decision.
Mr. Deshong: Well, your decision was that if I worked something out with
the neighbor
Mr. Lehigh: I would like to look at the site. I'm not particularly
interested in working something out. I'm trying to look at the situation
and be as fair to you and as fair to the Town, the neighborhood and
everybody else. To do that in my mind I would like to come out and look
at the site.
Mr. Deshong: Well, why didn't you do this last week? I'm really annoyed
about this because I really think A] you sat here at the workshop at the
"-,,st meeting ...
Mr. Lehigh: Well, we could take a vote on it tonight and you might go
down the tubes. Without me looking at it, I'm not going to vote for it.
I will tell you that right now. There is four of us here so you need
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wappinger Zoning Board
Minutes - November 28, 1995
Page 10
~ery vote.
Mr. Deshong: I was under the impression that you would have to give me
some viable reason why you wouldn't under an environmental issue.
Mr. Lehigh: I don't remember that it was an environmental issue.
Mr. Deshong: Oh, O.k.
Mr. Lehigh: Your bring that up. I think we declared a Negative Dec. on
this.
Mr. Deshong: Yes, you did.
Mr. Prager: Well, lets not start an argument here. We're going to go out
and look at this property.
DISCUSSION FOR DATE OF SITE INSPECTION - saturday, December 2, 1995 -
Saturday morning. (Mr. & Mrs. Deshong will not be present.D
Mr. diPierno: I don't see any reason why we need you there.
Mr. Prager: We will have to adjourn this until the next meeting which is
December 12th.
,-,. Deshong: It's nothing personal. I wish that it could have gotten
over with.
Mr. Fanuele: I make a motion to adjourn this to December 12th.
Mr. diPierno: Second.
Vote: All ayes.
Mr. Prager: The next item for business on the agenda tonight for a public
hearing for Appeal #1215. At the request of Dimitrious Diamantopoulos who
is seeking a variance of Article IV, Section 420.3, where you are required
to maintain a minimum 50 ft. rear-yard and you are showing 35 ft., thus
requiring a 16 ft. rear-yard variance to add an addition on a single
family residence for property located at 19 Brothers Road and is
identified as Tax Grid #6258-02-765406-00 in the Town of wappinger.
Linda, do we have proof of publication?
.
Mrs. Nguyen: Yes.
Mr. Prager: Can I have a motion to open the public hearing?
Mr. diPierno: So moved.
Mr. Prager: Second?
~.
Lehigh:
Second.
Vote: All ayes.
~
~ J
~
Wappinger Zoning Board
Minutes - November 28, 1995
Page 11
~. Prager:
~
Mr. Diamantopoulos:
19 Brothers Road.
of my house.
Sir; please state your name for the record.
My name is Dimitrious Diamantopoulos and I reside at
I'm seeking a variance to build an addition on the back
Mr. Prager: I believe it is a 16 by 24 addition, is that correct?
Mr. Diamantopoulos: Yes sir.
Mr. Prager: I believe at the last meeting you mentioned that is the only
place that it is possible to put this. Could you go into that a little
bit maybe, why and what your going to use it for?
Mr. Diamantopoulos: Yes, it is going to be basically a family room
upstairs and a playroom downstairs. That is the only place that I could
put the addition in the back because I have a driveway on the left and I
can't go towards the right because I don't have any room.
Mr. Prager: I know when you sent in your application; you also had your
neighbors sign some letters that they all agreed to your addition and had
nothing against it. Is there anyone else in the audience that would like
to speak for or against this variance? Please let the record show that no
one has spoken for or against. Any comments from the Board, any
questions? Can I have a motion to close the public hearing?
~
..,. Fanuele: So be it.
Mr. diPierno: Second.
Vote: All ayes.
Mr. Prager: I would like to make a motion to grant the variance for the
following reasons. The requested variance is not detrimental to nearby
properties. An undesirable change will not occur in the character of the
neighborhood. The variance is not substantial. The variance will not
cause an adverse effect on the physical or environmental conditions of the
neighborhood. Can I have a second please?
Mr. Lehigh: Second.
ROLL CALL
Vote: All ayes.
Mr. Prager: The variance has been granted and it will be filed within 5
davs. The next item of business on tonights agenda is an adjourned public
he~ring is Appeal #1210 and #1213 at the request of Gasland Petroleum Co. ,
Inc. who are seeking a variance of Article IV, section 444.6 whereas they
~required to maintain 2500 feet between filling stations and they are
seeking a variance of Article IV, Section 440.3.1 whereas no gasoline
~ling station shall be within 1000 feet of the boundary line of any
idence. The property is located on Old Hopewell Road and Route 9 and
it is identified as Tax Grid #19-6157-02-610544-00 in the Town of
Wappinger. who would like to speak for..?
'-'
~
.J
Wappinger Zoning Board
Minutes - November 28, 1995
Page 12
....
Mr. Ninnie: My name is Eugine Ninnie. I represent Gasland Petroleum. We
were at the Planning Board meeting last week. I'm sure your well aware of
the outcome..
Mr. Prager: Yes, in fact I would like to mention we did get a letter from
the Planning Board. Did you all get a letter? (All had received it.~
Mr. Ninnie: A lot of things were brought up about the property giving an
environmental impact one of which was a water supply which is locate~
directly across from Route 9. Their concern was contamination of that
water supply by out action of putting in new tanks and what not. That is
unfounded. The tanks and all the impertinens associated with the pumps
will all be in compliance with 1996 EPS regulations. The same risk is
there with the Seven Eleven Gasoline Station which is directly across the
street. Whether or not this gas station goes in or not. The risk is
still the same. If anything we pose less of a risk because of the
facilities that we have which are a lot better than what they have in the
ground across the street based on our 1996 compliance.
Mr. cappelletti: 1998.
Mr. Ninnie: As far as the detriment to the local neighborhood, we feel
there isn't any. It is maintaining the same character as it always has
p~en. As you ride by the gas station, it looks like a gas station. In
~t we would be taking out the bays so it won't look like a repair shop.
It will be a convenience store, exactly what is across the other side of
the street. It is primarily the same thing that is on the other side of
the street. We also feel that the hardship which was created not by us.
This was a hardship that was created by circumstances beyond anyonels
control. The original tanks leaked under the original owner. The DEC
took over the site and therefore nobody would touch that property with a
10 foot pole. Not even a bank or any individual. The owners of the
property, Mr. Cappelletti, took it upon himself to clean up the site,
which he has done on his own. The reason it took so long to clean up the
site is because the original owner and Mr. Cappelletti are not a major
corporation. They don't have a lot of money. Seven Eleven went in with
Southland Corporation and cleaned up the site with the backing of
Corporate America behind it. There is a definite hardship. There is a
whole circle of things that have to be taken into consideration here when
you make your decision. We would like to see a favorable outcome. We
would like to return the site to a condition better than it is now. We
still have to go before the Planning Board to go through there workings of
traffic, landscaping, and things of this nature. You have seen the type
of work that the applicant does. It's top quality work. There is no
reason why that site should be the same way.
Mr. Prager: At the last meeting, we had asked about and Mr. Cappelletti
had mentioned about the cost of cleaning up the property. I had mentioned
that obviously that would have had to be done no matter what went in
~re. He also mentioned about trying to market it and he has not been
e to .. He has not been marketing it that long, am I correct? I mean
how long have you been actually tying to market that property? Has it
been since the DEC gave you the approval to go ahead and do that, is that
correct;!'
\.I
:\
\,J
wappinger Zoning Board
Minutes - November 28, 1995
Page 13
~!
'-' cappellet.ti: Yes, I fi rst. t.ried t.he car use and when t.hat. fai led t.hen
we ... (Too low to transcribe.) I even thought about tearing down the
building and putting up a new strip mall; but. the size of the propert.y
doesn't lend itself to putting in a bigger building than what is there
now.
Mr. Prager: Right, but until that clean up was done really there was
nothing you could really do, is that correct?
Mr. cappelletti: Well, nobody would touch the property. I had people who
thought, about it; but even with the clean up the banks will not put money
on t.he property.
-Mr. Prager: Right, so basically your talking about since that clean up?
That is what I'm trying to get. st.rai ght in my mind. Once it was cleaned
up you had the DEC or the environmental
Mr. rappelletti: No; we were marketing it before that we had the final
letter from DEC. The letter brings the people in that will get involved.
The anI y person who can get. invol ved is someone who has the money to
invest themselves.
Mr. Ninnie: There was also mentioned at the meeting about a possibility
of turning that property into something else other than a gas stat.ion. In
~~r to make it work you would have to sink a considerable sum into that
.. ~ion to turn it into something else. We will call it office space. To
g_. back the money.. In order to have that property pay for itself, you
will get a very high lease rate per square foot if your going to get
somebody in there. You know as well as I do that real estate in this
County is not moving. So, to turn it into something else and bury that
cost into a mortgage, if a bank comes and helps you, that is very remote.
Mr. Cappelletti: The banks won't get involved into it. The only reason
poughkeepsie ~avings stayed involved is because they were already stll~k.
So, when I actually took it over they worked with me. When T get involved
it was already contaminated. I worked together with DEC specifically on
that property to take care of whatever had to be done to get that property
to a stable state. I agreed with them in letting them copy a letter to
take measures to There was a definite decrease in the contamination
on the property. That went by testing the wells every two months or three
month. They had charts showing the continued decrease. That is when I
finally got the letter saying o.k. that is it, there is nothing else
Hr. Ninnie: Furthermore, I would like to add one more thing that my
2lient, Gasland Petroleum, has considerable investment up until this point
wi thollt. i'lny rea Idee is ion. He. has al ready ] ost a coup1 e months rent in
addition to my fee and whatever legal fees he has on top of that. That in
itself is an indirect hardship as well.
Hr Prager: Does anybody else have anything else to say in favor of this
~~gainst. t.his variance? I not.ice we do have a coup] e of ] et.t.ers here
ft..f t.he T,aw Offi ce of Healey and Healey. One from them and of course one
from Mr. Cappel 1 etti . Unfortunate] y; we weren 't ab] e. to get. t.he ] ast
meetings minutes. Without those, I'm not going to make any kind of a
decision tonight.. T would like t.O adjourn this meeting, this publ ic
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