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1991-05-28'%w Town of Wappinger Zoning Board of Appeals Town Hall May 28, 1991 20 Middlebush Rd. Minutes Wappinger Falls, NY The regular meeting of the Zoning Board of Appeals was called to order at 7:30PM Roll Call Mr. Hirkala, Chairman Mr. Lehigh, vice, Chairman Mrs. Roe, Member Mr. Sasser, Member Mr. Brooker, Member others Present PresentPresent )�1 Present CSD Present Present JUN 2 5. 91 MN BQW of APPM RMiNG BM p Mr. Levenson, Zoning Administrator Mr. Emanuel Saris, Esq. Mrs. Hardisty, Secretary to the Zoning and Planning Boards Lehigh: Made a motion to approve the minutes of 4/18/91 and 4/23/91. Mr. Sasser: Seconded. Vote: All Ayes Mr. Lehigh: Made a motion to open the Public Hearings. Mr. Sasser: Seconded. Vote: All Ayes. Motion carried. Mr. Hirkala: First item on the agenda Appeal # 1101, the Zoning Board of Appeals of the Town of Wappinger will hold a Public Hearing pursuant to Sec- tion 513 of the Town of Wappinger Zoning ordinance. At the request of Herman Knoller, seeking a variance of Article IV Section 422 of the Town of Wappinger Zoning Ordinance, requiring you to maintain a 25' rear yard and that the pro- posed addition will require a 13' foot rear variance on property located at Route 9D West Side in Hughsonville known as ( Dairy Mart) and being parcel # 6157-•01-015608 in the Town of Wappinger. Who is here representing the appli- cant? Mr. Levenson: Mr. Chairman, under the circumstances the applicant has not filed a paid bill, with us for the legal advertising in the Southern Dutchess News. i`,id under Section 513 of the Town of Wappinger Zoning Ordinance and 267 of the State Law, I would recommend the Board adjourn this hearing until the next meeting. Mr. Hirkala: So there is no way we can confirm the fact that the Public Notice vori (2) was published. Mr. Levenson: We have the receipts from the abutting property owners, but we do not have the paid bill about the published notice. The requirement rules of this Board is that we must have a paid bill on file, before the Public Hearing. Mr. Sasser: In light of that I would move that we adjourn this until the next Public Hearing. Mr. Hirkala: Any comments? Mr. Brooker: Seconded. Roll Call Vote: Mr. Sasser: aye Mrs. Roe: aye Mr. Lehigh: aye Mr. Brooker: aye Mr. Hirkala: aye Motion Carried. Mr. Levenson: Those of you that are here for this Public Hearing please give your names to the secretary, and she will make sure you get a notice about the next hearing on the above. Mr. Hirkala: Next item on the agenda Appeal # 1108 - The Zoning Board of Appeals of the Town of Wappinger will hold a Public Hearing pursuant to Section 513 of the Town of Wappinger Zoning Ordinance. At the request of Henry and Lorraine Santis, seeking a variance of Article IV Section 421 of the Town of Wappinger Zoning Ordinance requiring that you maintain a 40 foot rear yard and that the proposed addition will require a 10 foot rear variance, on property located at 5 Schnabl Court, and being parcel # 6258-03-284174, in the Town of Wappinger. Is the applicant present? Mr. Henry Santis: I live at 5 Schnabl Court, Wappinger. Mr. Levenson: Mr. Chairman, we have the paid notice and the receipts. Mr. Santis: Since I bought the house my family has grown larger, and I don't have a formal dining -room or a bathroom on the main floor. I have a large fam- ily now, and I don't have a dining -room or bathroom on the main floor. Mr. Levenson: Would you explain to the Board what your family was when you moved into the house and how many there are now. Mr. Santis: I had one child at the time I moved into the house, and now I have three children. Sasser: I would like to ask you a question if I may, on the map we have *ere it seems to me that the 40 feet is measured from the easement, is that correct? Mr. Santis: Yes. M n (3) Mr. Sasser: There is also an easement in there between you and your neighbor? Mr. Levenson: But the lot line is through the easement. There was a discussion on this. Mr. Sasser: I see it is measured to the center of the easement. What is the side yard set back on that? Mr. Santis: 30 feet. Mr. Sasser: And you are moving your driveway to the side of the house? Mr. Santis: well it is going to be a circular driveway. There was a discussion on the plans and what Mr. Santis wanted to do. There was also a discussion on what type of house it was, and what was in the house now. There was a discussion on the building plans. ( The Board looked over the building plans.) Mr. Hirkala: Is there anyone in the audience that would like to speak for or against this application? Mr. Brooker: Made a motion to close the Public Hearing. Mr. Lehigh: Seconded. Vote: All Ayes. Motion Carried. Mr. Lehigh: Made a motion to declare a Negative Declaration. Mr. Brooker: Seconded. Roll Call Vote: Mr. Sasser: aye Mr. Brooker: aye Mrs. Roe: aye Mr. Lehigh: aye Mr. Hirkala: aye Motion Carried. Mr. Sasser: Made a motion to Grant the variance. Mr. Lehigh: Seconded. Roll Call Vote; Mr. Brooker: aye Mr. Sasser: aye Mrs. Roe: aye Mr. Lehigh: aye Mr. Hirkala: aye Mr. Levenson: Mr. Chairman, all members vote aye. Motion Carried. n n (4) Mr. Hirkala: Next item Appeal # 1110 - The Zoning Board of Appeals of the Town of Wappinger will hold a Public Hearing pursuant to Section 513 of the Town of Wappinger Zoning Ordinance. At the request of Ker Associated, seeking a vari- ance of Article IV Section 416.5 which requires that no temporary sign shall be larger than six (6) square feet, where Ker Associates is requesting a 32 square foot sign, on property located at 1426 Route 9 and being parcel # 6157-02-567518 & 563544, in the Town of Wappinger. Mr. Levenson: Mr. Chairman, let the records indicate that we have a paid bill for the public advertising and we received the receipts in the mail. Mr. Klein: Basically what we are looking for, we have three buildings and we feel that because we have three building, we should be able to try and get a larger sign for the buildings. Our occupancy rate is not that great, and we really need a sign that advertises the Plaza. Something that can be seen from the road, that basically is why I am here. Mr. Lehigh: Do you have a permanent sign there now? Mr. Klein: We have a permanent sign that's Hark Plaza, it just says Hark Plaza. The sign we are looking for is a temporary sign, until our occupancy gets up. %_. Levenson: Mr. Lehigh, what Mr. Klein is looking for is a for lease, a large ror lease sign, measuring 32 square feet. The Ordinance 416.5 requires, only allows six (6) foot. Mrs. Roe: Don't you have some signs up that say for lease? Mr. Klein: Yes, we have signs up, but we have been asked to take them down, and that is why I appealed. Mr. Sasser: Mr. Klein, you said you have three buildings there, is that your formula for requesting this? Mr. Klein: Yes. Mr. Sasser: Herb, is there any provisions that calls for that? Mr. Levenson: Not the way the Ordinance is written now. Mr. Hirkala: The problem we have, is once we grant a variance, the variance goes with the land, that means forever, and ever and ever you can put a sign up, that's the problem. Mr. Klein: Well we have 60,000 feet, three 20,000 foot buildings, so actually a building of 2,000 feet is entitled to the same sign as a 60,000 foot. And it is not practical from a point of view of someone being attracted to it. `ar'here was a discussion on this, and what Mr. Klein could do. Mr. Hirkala: Actually what should be done here is a legislative request from the Town Board, to make exceptions for other types of buildings. In other words if ,lack Railing came in for a variance, he has a building that is one half of M 0 (5) In one of yours. we would be hard pressed to say yours is different, do you know what I mean other then it is a smaller building. As I read the ordinance it is six feet and that's it. There is no height requirement, if there was a requi- rement for the variation, that could be granted. Say subject to the Planning Board or something like that, based on what the subject is, that would be a different story, but it says six square feet and that is it. If we give you a variance to go to 32 square feet that means forever and ever. Mr. Klein: Actually we could put six feet, we have three subdivided parcels, two of the parcels have signs on them. Mr. Hirkala: If you have three subdivided parcels you have the right to put three six foot signs up, as high as you want them. Mr. Klein: I think you would rather see one sign. There was a discussion on this, and if the Town Board changes the Ordinance. Mr. Hirkala: Suggested that you request from the Town Board, that there be an addition to 416.65, to suit a situation such as yours, and see what there feelings are. MMr. Klein: I don't know of any other situation like this that has three build- ings, along the road. Three separate parcels, and there should be a provision for one sign. Mr. Lehigh: You have one sign there now, right? Mr. Klein: Yes, we have two signs that say Hark Plaza. There was further discussion on this, Mr. Klein stated that he would like to go to the Town Board and have the decision adjourned until June 25, 1991. Mr. Hirkala: Is there anyone in the audience that would like to speak out for or against this? There was no comments from the audience. Mr. Lehigh: Made a motion to adjourn the Public Hearing until June 25, 1991. Mr. Brooker: Seconded. Roll Call Vote: Mr. Brooker: aye Mrs. Roe: aye Mr. Sasser: aye Mr. Lehigh: aye Mr. Hirkala: aye •Dtion carried. 1%r Mr. Hirkala: Next item is Appeal 4 1056 - the Zoning Board of the Town of Wappinger will hold an adjourned Public Hearing pursuant to Section 513 of the Town of Wappinger Zoning Ordinance. At the request of Richard Fav, seeking a M (6) variance of Article IV Section 421 of the Town of Wappinger Zoning Ordinance specifically Section 412, required street frontage, and a variance under 280A of the Town Law on Johnson Place not being a Town Road, and also a remanding order by Mr. Justice Juidice, Supreme Court Dutchess County, dated February 26, 1987 and being parcel # 6256-01-482814, in the Town of Wappinger. I think that we are looking at one in this notice here this is not an adjourned Public Hearing. The Public Hearing had been adjourned. Mr. Levenson: It is an adjourned Public Hearing. Mr. Hirkala: I thought we adjourned the Public Hearing, or we closed the Public Hearing last meeting. Mr. saris: This is a Public deliberation you are correct. The hearing was closed. Mr. Hirkala: In other words, there is no further public comments. Mr. Sasser: I would like to make a motion we go into Executive Session, with our attorney to discuss possible lawsuit. *,,c. Lehigh: Seconded. Roll Call Vote: Mr. Sasser: aye Mrs. Roe: aye Mr. Hirkala: aye Mr. Brooker: Mr. Lehigh: Motion carried. The members of the Board left the meeting room at 8:PM Members returned at 8: 20PM Mr. Sasser: Made a motion to close the Executive Session. Mr. Lehigh: Seconded. Roll Call Vote: Mr. Brooker: aye Mr. Sasser: Mrs. Roe: aye Mr. Lehigh: Mr. Hirkala: aye Motion Carried. Mr. Hirkala: Motion carried we now go back into the meeting. aye aye aye aye Mr. Saris: Mr. Chairman, the public hearing is closed, however Mr. Stenger has asked to address the Board on behalf of the applicant, as is his right. And without objection Mr. Stenger would like to so proceed. rrr. Stenger: I just wanted to inform the Board, of a very recent development that was not communicated, before because I was not in the country to do so. On April 10., 1991 a letter was drafted by my office a copy of which was sent to the Zoning Administrator's office, which embodied terms and conditions of a agreement reached in Mr. Price's house with one of the neighbor's on that M 0 (7) In road. And I would like to inform the Board in the presents of Mr. O Reilly who is here as representative of all the people that live on that street, that an agreement has been reached, between Richard Fay and everyone that lives on that street, to widen that street, improve that street, an agreement has been reached that benefits all parties. And here in front of Mr. 0 Reilly, to say that everyone that has previously spoke in opposition to this application, is now here to say please, for the benefit of everyone who lives on that road, please consider this favorably. Thank you. Mr. Saris: Let's just get something clear on the record. The record has been established and the hearing has been closed, and you have to take Mr. Stenger's statement for exactly what it was. That statement, the Public Hearing has been closed. Mr. Hirkala: Does anyone on the Board have any comments? Any questions of Mr. Stenger, or Mr. Fay? Mrs. Roe: I assume since these neighbors have agreed, that it is in writing? Mr. Stenger: Mr. Fay has signed it, Mr. O Reilly and Mrs. O Reilly, have signed '-he agreement, we are hopeful that Mr. Price would be here and Mr. and Mrs. *,,�rnandez as well, but as of this hour they have not shown up. I spoke to Mr. Price, who advises that the agreement is in place. Mrs. Roe: That is not legal without their signatures. Mr. Stenger: As far as I am concerned Mr. Fay has signed the agreement, so it is enforceable against Mr. Fay, and that is from whom the concessions is being sort. So it is binding as far as Richard Fays obligations is addressed. Mrs. Roe: How does that stand in regard to legality? Mr. Saris: Well it would be binding against Mr. Fay, but I think that you would have to have all the parties sign it, in order to create the intent that was there. Moreover I am not very sure that it is one of the issues on the table here, Ok, so lets not get caught up in that aspect. However, if the Board is interested in seeing this fully executed document for the public deliberation, and if you want that, and you want to request an adjournment and have that considered, have that submitted, that maybe something that the Board would take up. Mr. Stenger: Let me address that, I would like to know that, that would be all would be necessary. The Board would say, give me that and we are all done, I would be happy to do that. But if not, and I go all through that and the vote is going to be against me anyway I might as well, 'r. Saris: Ken that is something we cannot do because, we haven't had a public *Weliberation and no one knows what any other Board Member is going to respond. So I would respond to you be saying, that if you ask for an adjournment without conditions and without any representation somehow, which way this Board is going to go. [in] Mr. Hirkala: I don't think it is possible for the Board publicly now, state prior to a vote, I am going to tell you honestly right now, there are five members and five individual heads going on here. And I don't know which way anyone is going to jump. So it is up to you. Mr. Levenson: May I ask a question? We are going to have a workshop meeting on the 11th of June, Mr. Stenger: Can the vote happen on the 11th of June? Mr. Levenson: Well we can publish it. Mr. Hirkala: We can make it a public meeting. But from this seat, I want you to understand that, that is an accommodation to your feelings as to what you want to do. Mr. Stenger: Let me respond to this, and say if we can do this on the 11th, I would very much like to do this on the 11th, and the reason I want to do this on the 11th is, because I think that I would like this Board to know that the neighbors in that area, Beyond any other argument I made to you in favor of }his application, I would like this Board to know that the people that live on *#,,zat street, are now in harmony and have worked out an arrangement, and that best way you will know that is if I give you a signed agreement. So if you can do this on the 11th I would be very happy. Mr. Hirkala: So on that light, I would like to hear, are there any one on the Board who would not be in favor of delaying this for another couple of weeks. No one on the Board had any problems with this. Mr. Lehigh: Made a motion that this be extended to June 11, 1991. Mr. Sasser: Seconded. Roll Call Vote: Mr. Sasser: aye Mrs. Roe: aye Mr. Lehigh: aye Mr. Brooker: aye Mr. Hirkala: aye Motion Carried. Mr. Brooker: Made a motion to adjourn the meeting. Mr. Lehigh: Seconded. Vote all ayes. `4feeting was adjourned at 9:30PM Very respectfully your Gay Ann Hardisty, Zoning & Planning Sect.