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2002-12-10 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of December 10,2002 MINUTES Zoning Board of Appeals December 10, 2002 Summarized Minutes Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, NY MI"i~TII A"'~ Members Present: JAN ~.IIJ Mr. Lehigh, Mr. Prager, Mr. diPierno, Mr. Warren, Mr. Fanuele, Chairman Vice-Chairman Member Member Member Others Present: Mr. Albert Roberts Mrs. Lukianoff, Zoning Administrator Mrs. Gale, Acting Secretary SUMMARY Public Hearing: Zacarias Mendoza Granted variance for two sheds and for % of lot coverage. Phil & Vicki Grillot , Granted variance for garage. Adjourned Public Hearing on January 14, 2003. Adjourned Public Hearing to February 25, 2003. Public Hearing on January 14, 2003. Discussion: David Varco Wappinger Toyota F ernwoodlHettinger Town of Wappinger Zoning Board of Appeals \...r Page 2 Minutes of December 10, 2002 Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: Vote: Mr. diPierno: Mr. Warren: Vote: Motion to approve Minutes for November 26, 2002 as amended. Second the motion. All present voted aye. Motioned to approve Site Minutes for November 16, 2002. Second the motion. All present voted aye. Motioned to approve Site Minutes for November 30,2002. Second the motion. All present voted aye. Appeal No. 02-7146 Zacarias Mendoza -Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Whereas a rear yard setback of 40 feet is reauired, the applicant is DroDosina a rear yard setback of 36 feet for a 22 X24 foot aaraae, thus reauestina a variance of 4 feet. - Whereas a side yard setback of 20 feet is reauired, the applicant is DroDosina a side yard setback of 15 feet for a 22 X24 foot aaraae, thus reauesting a variance of 5 feet. The property is located at 436 All Anaels Hill Road and is identified as Tax Grid No. 6357-03-072064 in the Town of Wappinger. ~ Present: Mr. Prager: Mr. diPiemo: Vote: Mr. Lehigh: Mr. Mendoza: ~ Mr. & Mrs. Mendoza Motion to open the adjourned public hearing. Second the motion. All present voted aye. This also went from a 15% to 17% of lot coverage, so this will also need a variance. We will have to incorporate that into this variance. We have four vehicles plus a motorcycle that we need to store in the bad weather which is why we would like the garage. We are only Town of Wappinger Zoning Board of Appeals ~ Mr. Prager: Mr. Mendoza: Mr. Lehigh: Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mr. Prager: Vote: Mr. Fanuele: Mr. Warren: Roll Call: \..,. Page 3 Minutes of December 10, 2002 asking for a two-car garage instead of a four-car garage so we can at least store two of them. Is there any reason that you are having a detached garage instead of an attached garage? Because of the cost. It is less expensive to build it this way. Any questions from the audience? Hearing none. Motion for a neg. dec. Second the motion. All present voted aye. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the variance for the rear and side yard setbacks. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Aye. Appeal No. 02-7149 David & Nadia Va reo -Seeking an area variance of Section 240-37 of District Regulations in an R- 20 Zoning District. Whereas a side vard setback of 20 feet is reauired, the applicant is DroDosing a side vard setback of 16 feet for a 24 X 36 aaraae, thus reauesting a variance of 4 feet. The property is located at 40 MacFarlane Road and is identified as Tax Grid No. 6157-04-790331 in the Town of Wappinger. Present: Mr. Prager: Mr. diPiemo: Vote: ~ Mr. Varco Motion to open the public hearing. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals '-' Mr. Varco: Mr. Prager: Mr. Varco: Mr. Prager: Mr. Lehigh: Mr. Prager: Mr. diPiemo: Vote: Mr. Prager: Mr. diPiemo: Vote: Mr. Prager: \.r Mr. Fanuele: Roll Call: Page 4 Minutes of December 10, 2002 I am requesting a variance for a two-car garage for cars and the back for storage. It is only part of the garage that you need the variance for, correct? Yes. It's probably only 10 feet of one comer, so it's quite minimal. We need a motion for a neg. dec. Motion to grant a neg. dec.. Second the motion. All present voted aye. Motion to close the Public Hearing. Second the motion. All present voted aye. Motion to grant the variance of 4 feet for a side yard setback for a 24 X 36 feet garage. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. Prager: Aye. Mr. Fanuele: Aye. Mr. Lehigh: Aye. Appeal No. 02-7150 Wappiol:er Falls Toyota-Subaru -Seeking an area variance of Section 240-23 of District Regulations in an HB Zoning District. - Whereas no alare bevond the DrODertv line in excess of 0.05 foot- candles is reauired, the applicant is DroDosina a ranae between .1 and 2.7 foot-candles alona the Route 9 DrODertv line, thus reauestina a variance on the liahtina Dlan as set forth on the Dhotometric maD. The property is located at 1349 Route 9 and is identified as Tax Grid No. 6157-02-585606 in the Town of Wappinger. ~ Town of Wappinger Zoning Board of Appeals '-' Mr. diPierno: Mr. Warren: Vote: Mr. Hamburger: Mr. Lehigh: Mr. Fanuele: Mr. Hamburger: Mr. Fanuele: Mr. Hamburger: '-' Mr. Lehigh: Mr. Fanuele: Mr. Lehigh: Mr. Colsey: Mr. Lehigh: Mr. Colsey: Mr. Hamburger: \... Page 5 Minutes of December 10, 2002 Motion to open the Public Hearing. Second the motion. All present voted aye. I am here representing Toyota/Subaru. I see we received the letter with the lighting plan that we asked for at the last meeting so we could make a comparison. When where the lights put in? I'm not completely sure. I got involved in the store in February 2002, so it was prior to that. We purchased the store from the Greer's approximately 12 months prior to that. So you bought a piece of property with a violation on it? I think we created the violation. Previous management at the store, after we purchased it, increased the lighting and changed the poles. I think he was acting on what he thought was a verbal approval and since there were bases there, he thought he could use them all. Unfortunately he is not available to answer our questions. Anything else from the board. You say in your letter that you are working with the Town to get some approval. Yes, the Planning Board. We have a letter of recommendation from them asking us to accept this plan. Any more questions? Chris Colsey, 92 Fieldstone Blvd. I notice this is in excess of .05 and even the lowest candlepower here is double that. What would be the average candlepower for this, because we range up to 2.7? That's quite a bit beyond the maximum there. The second question is what is the effect on safety on Route 9 with glare? This is going to cut down considerably from the glare you have right now. This is why they are doing this. I understand that, but they are still why beyond the maximum. Chris, I don't have the average foot-candle at the property line, all though I can get that for you. There were a couple of concerns that Town of Wappinger Zoning Board of Appeals '-" Mr. Colsey: Mr. Hamburger: Mr. Cosley: Mr. Fanuele: Mr. Lehigh: \... Mr. Roberts: Mr. Lehigh: Mr. Roberts: Mr. Lehigh: Mr. Hamburger: Mr. Roberts: Mr. Prager: Mr. Warren: Vote: ~ Page 6 Minutes of December 10, 2002 we were working with, not just the glare on Route 9, but also after the reduction of the foot-candle, still creating a safe environment for our employees and our customers. I can tell you that from what it is right now, the reduction in foot-candle at the property line is over 92 Y2 % reduction of what's there right now. Not only are we going to replace the bases and the wattage of the lights, but we are also having shields on them as well. Would you say that the average is much closer to the .1 ? Then the 2.7, no question about it, absolutely. Ok, he satisfied my questions. I feel that the excess lighting has the same effect as the increase size in signage. As soon as you give one your going to get the second, third, fourth, etc. asking for the same thing. Weare very strict on the signs staying within the limits and I think we should be very strict on what the lighting should be also. Anyone else, hearing none. I'll ask for a neg. dec. since this has been in front of the planning board. I won't ask for lead agency since it's been before them. Has this been circulated for lead agency status. This is the first I'm hearing this application but is it subject to SEQRA and if so they should have submitted an EAF. I'm not familiar with this one at all. I'm sorry but you're going to have to have an EAF. You could defer your decision if you're going to have a quick meeting. Let's get Dan Wery to examine the SEQRA. Ok, then I'll entertain a motion for an adjournment to January 14, 2003. Can you get the information by then? Can you tell me what's being requested? Question is whether or not this application is subject to SEQRA? They are going to refer this to the Town Planner. Motion to adjourn the Public Hearing to January 14,2003. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals Page 7 Minutes of December 10, 2002 \... Appeal No. 02-7144 Phil & Vicki Grillot -Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. Whereas a frontae:e of 50 feet is required, the applicant is proposing .!! fronta~e of 20.28 feet, thus requestine: a variance of 29.72 feet. The property is located on Diddell Road and is identified as Tax Grid No. 6359-02-630650 in the Town of Wappinger. Present: Dan Koehler Mr. Lehigh: Have you received our Graham Fosters suggestion on the trimming of the bushes. Mr. Koehler: The applicant has been in contact with the property owner, Mr. Helmire whose property is adjoining his. Today they came up with a preliminary agreement in respect to relocating the vegetation that is there. I have a copy here for you. We just need to review it before he signs it. Mr. Lehigh: We would like an accepted copy after it is signed. '-' Mr. Roberts: The final document should be reviewed to my office for sufficiency. Mr. Lehigh: We will put you down for January 14,2003 for a Public Hearing. Mr. Fanuele: The landscaping should also be reviewed by Mr. Foster. Mrs. Lukianoff: I received a visit from Mr. Helmire in regards to this project and the only concerns that he had was waiting until spring to move the vegetation in question for survival. I did direct him to reach some kind of agreement with the Grillots. Mr. Lehigh: Ok, get an agreement in here and we'll get it to the Town Attorney and the Town Highway Superintendent. Mr. Roberts: Submit it to the Zoning Administrator. ..... Town of Wappinger Zoning Board of Appeals '-'" Page 8 Minutes of December 10, 2002 Appeal No. 00-7071 Fernwood Floral Garden Style Inc.lR.B. Hettin~er. Inc. Seeking a use variance of Section 240-37 of District Regulations and 240-16 (C) (3) Article IV Application of Regulations, Nonconforming use of a building. The property located at 51 Myers Corners Road. is identified as Tax Grid No. 6157-02-899988 located in the Town of Wappinger. Present: Mr. Adams: Mr. Roberts: \... Mr. Lehigh: Mr. diPierno: Mr. Warren: Vote: ~ Mr. Adams Before you open the Public Hearing I would like to state that I represent Mrs. Hettinger, I was just recently retained and then just got back from vacation. I suggested to the applicant to take some additional steps and they have agreed and for that reason I ask that this matter be adjourned until January. I have spoken to Mr. Canter and he is not available on your regular meeting dates in January. I'd like to make a statement Mr. Chairmen. There are two matters that have come to my attention within the last two days. First and foremost, the Zoning Administrator had indicted to me yesterday that she had advised the property owners that she deemed tonight's application a continuation of a prior application that had been made. I advised her that it was improper and that this application had to rise and fall on the evidence presented at this Public Hearing and in connection with this application. So all evidence to be considered by this board has to be presented with this present application. Secondly, I don't even know the details because I only heard about this recently, but the owner of Fernwood, Rocco Trenkler had attempted to employ an attorney from my office on an unrelated matter. It was caught by Jay Renfro from our office and we informed him we could not represent him. I just want this made part of the record. I think we will have to open the Public Hearing and then adjourn it. Motion to open Public Hearing. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals \.... Mr. Adams: Mr. Cantor: Mr. Lehigh: Mr. Cantor: Mr. Adams: Mr. Cantor: \.r Mr. Lehigh: Mr. diPierno: Mr. Prager: Vote: Page 9 Minutes of December 10,2002 I have made certain recommendations to the applicant's and certainly in light of what Mr. Roberts has said we need some additional time. I am here on behalf ofthe Pace family and I would ask that my clients and I not be made the victims ofthat adjournment since we are here tonight to listen to whatever proof they have. So I would ask that an adjourned date be set that I can make. I have obligations on January 14, 2002. My Tuesday's in January are all booked, so I will ask that if you are going to extend the courtesy to Mr. Adams that you consider extending it two months. When is your February meeting dates? February 11 th and 25th. Can you extend it two months. Fortunately I think we can work with that schedule. How's the 25th of February, Jon said it is ok with him. Ok, we will re-schedule this for February 25t\ 2003. Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM ~ Rg:;::nri~~ ' Barbara Roberti, Secretary Secretary - Zoning Board of Appeals