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2001-01-09 MINUTES APPROVeD fJAN 16 2001 MINUTES \... Town of Wappinger Zoning Board of Appeals January 9,2001 Summarized Minutes Town Hall 20 Middlebush Road Wappinger, NY Members Present Mr. Lehigh, Chairman Mr. diPierno,Member Mr. VVarren,Member Mr. Fanuele, Member Mr. Prager, Member Others Present Mr. Roberts, Town Attorney Mrs. Lukianoff, Zoning Administrator Mrs. Gale, Secretary Zoning Board of Appeals SUMMARY Minutes to be approved: December 12,2000 -- Accepted ~ Adjourned Public hearing: Genova -- VVithdrawn application Public hearing: Jeffrey Tomlins --Variance Denied Discussions: Gasland Petroleum --Referred to D. VV ery ZBA as Lead Agency GALS --Sent letter-They would Not be present. Kozuch --No show MINUTES Mr. Fanuele made motion to accept the December 12, 2000 minutes. Mr. Prager seconded the motion V ote: All present voted aye. Adjourned Public hearin2 \.., 1 Appeal # 00- 7072 -Thomas & Dianna Genova - Applicant withdrew this request. \w- Appeal #00-7076. 00-7077 & 00-7079 GALS sent letter that they would not be on the agenda for this meeting. Mr. Lehigh: Called next item on agenda, Jeffrey Tomlins Appeal No. 00-7070 variance For shed to keep shed where it is..... Mr. Tomlins: Asking for a variance on shed, should be 10' setback can provide 6'. Mr. Lehigh: 10' require - you can provide 6' - asking for a 4' variance. Mr. Tomlins: Yes Mr. Lehigh: We went out and looked at it - you had the area staked out - where the permit put it in. The shed should have gone where it was staked out - not where it is now. Mr. Prager: I believe it was your mother who came in to speak? ~ Mr. Tomlins: She was here for the first meeting, I had to work. Mr. Prager: She was there for the inspection, it was staked out for the building permit for 10'. Mr. Fanuele: The building permit had 35' side and 50' rear on plot plan. Who decided to put it where it is? Mr. Tomlins: The company that put it in, I wasn't there, I was working, when I came home it was done. Mr. Fanuele: They had to take more than a day; they had to put in cement pylons. Mr. Tomlins: They did - they told me that whatever they used would dry in a couple of hours. Everything was delivered on site - they put it up that day. It was just a matter of putting the sides up. Mr. Fanue1e: I thought I saw the pylons with cardboard around the outside. Mr. Prager: Did they pour those or were they pre-cast. '- 2 Mr. Tomlins: I don't know - I wasn't there. '-'" Mr. Prager: Nobody was there? Mr. Tomlins: I think my mother might have been. Mr. Lehigh: I'd like to motion to open the Public hearing. Mr. Prager: Motion to open Mr. diPiemo: Seconded the motion Mr. Lehigh: All in favor say aye. All: Aye Mr. Lehigh: Are all the mailing in on this? Mrs. Gale: Everything but the one card didn't come back Mr. Lehigh: You've got a complaint with the company that put the shed there. Anybody else have any questions? ~ All: Agreed with what Mr. Lehigh stated. Mr. Fanuele: Your complaint is with the shed company - they put it in the wrong place. Mr. Tomlins: That's why I'm here - I didn't want to fight with them to get the shed moved. Mr. Fanuele: They're the guilty party, they should be held accountable. Mr. Tomlins: That's why I applied for a variance. Mr. Lehigh: A variance isn't to get around the law - you have another recourse - and you do - tell the people that put the shed in the wrong place to move it to where it supposed to be - then you have another recourse - other than coming here. I can't grant you a variance under those conditions. Mr. Tomlins: I did everything I was supposed to do. The guy came in to inspect, I came to the Zoning Board filled out the papers. . ... Mr. Lehigh: Move for a NEG DEe \-. Mr. Fanuele: Approve 3 \.. '--' '-' Mr. Prager: Second Mr. Lehigh: All in Favor All: Aye Mr. Lehigh: Anybody else wishes to speak for or against this? Motion to close Public hearing Mr. Fanuele: Motion Mr. Prager: Seconded the motion Mr. Lehigh: All in Favor? All: Aye Mr. Lehigh: What's you pleasure gentlemen? Mr. Fanuele: I don't feel we should grant a variance - shed company comes in pours concrete footings - put the shed in the wrong spot - should take more than a day - someone should have been aware. I make a motion to Deny. Mr. Prager: Seconded the motion Mr. Lehigh: All in Favor? Mr. Prager: That's 40% - substantial variance, the shed can be moved, if they have to. Mr. Lehigh: Mr. Prager requests a roll call vote. Roll Call: Mr. diPiemo - Deny Mr. Warren - Deny Mr. Lehigh - Deny Mr. Prager - Deny Mr. Fanuele - Deny 4 '-' Next Item: Appeal No. 00-7068 Gasland Petroleum - Seeking 2 area variances in order to have a gas station. The property is located at the comer of Route 9 and Old Hopewell Road and is identified as Tax Grid No. 617-02-610544 in the Town of Wappinger. Mr. Lehigh: Called Representative Mr. Judson Siebert of Keane & Beane Mr. Siebert: I here to represent the applicant - after two work sessions there were questions raised; 1). What are the precise variances we made applications for? 2). What are the impacts of the easements that are noted on the plan - that being, the variances that are requested. \.,. We provided to the Board by letter dated Dec. 22, 2000, copy to Mr. Roberts & Dan Wery copy of deed from which the easement areas - 3 areas all derived for the same deed _ provided deed to Board - what they mean - who's burdened by these easements - who Gets benefits by these easements - what do they mean, that being, the contours of the property. That deed is a deed from Charles Albert & Samuel Albert to Texaco which was initial operator at the Gasland station site - 3 easement areas, first is the area to the rear of the parcel (which is noted in the parting easement) the question that the Board had was "The two boundaries that are shown here - What's the property line of the real holding corp. of the parcel- it's the rear line. Mr. Lehigh: The property belongs to that.. ...(pointing out map exhibit) Mr. Siebert: Here's what the applicant owns. These are the contours of the line. (On map - applicant explained how the property lines run, contours are really a rough square) This is the property. _ Depth variance because we don't have lot depth with data as required under Town Code. Lots size area, because we don't have the totality of the square footage of this lot because we don't have the 2 acres. This is a parking easement that was granted by that deed adjoining property owner - but it is our property - so to, this little area that is called an egress easement, our property provided for the adjoining property owner (proceeded to describe the layout of parking and signage). It doesn't affect - Depth - Lot Size from your bulk schedule. \... 5 # '-' Two Special permit area - 2,500 feet separation between gas stations, because of the 711, should have been shown separate from the application and the residential district - which lies in the back of the property. Those are the four (4) easements -letter has been sent describing amended - you have that - you have the deed - you have full EAF, and what we as is to process the application with the declaration of it's intention to serve as Lead Agency, because you are working with other local agencies on this and to schedule a Public hearing with enough lead time to establish a Lead Agency status. Mr. Lehigh: The property behind that - Who owns that? Mr. Siebert: Listed on plan is now or formally the Hurley. Mr. Lehigh: this is no way belongs to you, at all or Capalliti? Mr. Siebert: No - Hurley owns the L shape, the property we have - the Texaco piece is strictly this piece, Mr. Capalliti has not at anytime owned this parcel- it's Hurley. Mr. Lehigh: Another question - What we're supposed to do, and you're supposed to prove - that piece of property cannot be used for anything else and financially prove that, there was an application made for a donut store at one time, that never got off the ground. Mr. Siebert: What's before the board is an application for an area variance and code, our intention at the public hearing is to make a full presentation as to what... .unique ~ characteristics that surrounds the site, that inhibit our ability to use it for purposes other . than what was there historically, which was a gas station 66-68 Texaco, that what it was. Looking at this - not necessarily a legal obligation for the public hearing, we want to provide information that's going to make you comfortable that this is unique situation, we need a public hearing. Mr. Roberts: Are you asking this be a coordinated review under SEQR? Mr. Siebert: Yes Mr. Roberts: I think you're going to have to solicit the services of Fredrick P. Clark to coordinate, going to have to be a circulation for lead agency status. You need 30 days to respond before you can even proceed - bring in Dan Wery & Fredrick P. Clark as quickly as possible. Mr. Lehigh: Only thing we should be concerned is the variances that you're asking for, they still have to go in front of the Board for a Special Use Permit. We should not be lead agency for anything other than the variances. Mr. Roberts: He's asking that you be treated as lead agency - notice gets sent out if you want to request the Planning Board act as lead agent in this - the applicant is requesting \... 6 . ~ '-' \...- ~ . that you act as lead agent - you are probably the critical agent here - in terms whether this project goes forward or does not go forward. Mr. Lehigh: We can do it - no question. Mr. Roberts: That would be coordinated by Dan Wery in conjunction with the Planning Board - recommend you request a formal recommendation from Planning Board as to how they might perceive this application, that you can do under the Town Zoning Code. Mr. Lehigh: Thought we requested that you send this information to Dan Wery. Mr. Siebert: Yes you did - Dan has all the application materials, the full EAF and the deed information - couple of things - this issue oflead agency, this doesn't throw into your laps, everything that the Planning Board would decide on the special permit and site plan - the SEQR doesn't take jurisdiction away from one board and put it in another, We will go back to the planning board for site plan and special use permit, get the notice circulated, that process completed. Mr. Lehigh: Do you think we should have a meeting with the Planning Board before? Mr. Roberts: Not the Planning Board - someone make a motion, declare yourself Lead Agency - refer to D. Wery's office - so he can coordinate the circulation of notice when period expires, you can proceed with SEQR and schedule a Public hearing. Mr. Lehigh: Do I hear a motion? Mr. diPiemo: I make a motion. Mr. Warren: I second Mr. Lehigh: All in Favor? All: Aye Mr. Fanuele: Why not make your case here, now. Mr. Siebert: I don't have all the people - I have my own consultants I have to bring in to do that. Mr. Lehigh: Would not want to do anything as a public hearing, until we hear from Dan Wery. Mr. Roberts: The Public hearing is the forum where the evidence should be presented - that's where the case is made - formal record. Public notification, if any objections, that can be heard. 7 " \.r ~ ~ . r . . Mr. Siebert: I'll contact Dan Wery Mr. Lehigh: Zoning Administrator is here - contact Dan Wery and tell him we're the Lead Agency on this. Mr. Lehigh: Motion to close meeting? Mr. diPierno: Motion Mr. Warren: Seconded the motion Mr. Lehigh: All in Favor? All: Aye Meeting adjourned at 8:00PM Discussion followed, ended at 8:30PM Respectfully Submitted, 0;.-L.~ tt& D ~&- Michelle D. Gale Secretary Zoning Board of Appeals 8