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2007-10-09 '-" \., '-" Town of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals October 9, 2007 Summarized Minutes Members: Mr. Fanuele, Mr. DellaCorte, Ms. McEvoy-Riley, Mr. Prager, Mr. McVeigh, Others Present: Mr. Caviglia, Mrs. Roberti, Page I Minutes of October 9,2007 MINUTES AIilPFlO\lEO OCT 2 3 2007 Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Member Member Vice-Chairman Member Special Counsel Secretary SUMMARY Discussion: John & Rita McGrath -Public Hearing on October 23,2007. Timothy & Margaret Rifenburg -Public Hearing on October 23,2007. Hughsonville Auto Body Potter Bros. Ski & Patio -Public Hearing on October 23,2007. -Public Hearing on October 23,2007. Town of Wappinger Zoning Board of Appeals Page 2 Minutes of October 9, 2007 "-' Mr. Prager: Ms. McEvoy-Riley: Vote: Motion to approve the site minutes for September 25, 2007. Second the motion. All present voted aye. Appeal No. 07-7358 John & Rita McGrath- Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. -Where a side vard setback of 25 feet is required, the applicant is proposinl! a side yard setback of 20 feet. to allow for a 6'8" X 20'7" addition, thus requestinl! a variance of 5 feet. The property is located at 40 Sherwood Heil!hts and is identified as Tax Grid No. 6258-04- 768283 in the Town of Wappinger. Mr. McGrath: We have only one small closet in our bedroom and we would like to build a bigger one with a sitting room and also add room to the downstairs. Mr. Prager: Is that this sitting area on the plans? Mr. McGrath: Yes. Mr. Fanuele: Any questions from the board? ~ Mr. Prager: We will do a site visit on October 13,2007. Mr. Fanuele: We will also set your public hearing for October 23,2007. Mr. McGrath: Thank you. Apoeal No. 07-7360 Timothv & Marl!aret Rifenburl!- Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where the minimum of 75 feet to a state or county hil!hway is required, the applicant can provide 56 feet to construct a 10' X 16' dining addition, thus requestinl! a variance of 19 feet for a front yard setback. The property is located at 95 Old Hooewell Road and is identified as Tax Grid No. 6157-01- 153596 in the Town of Wappinger. Ms. McEvoy-Riley: Does your house pre-date zoning because even the house doesn't have 75 feet. Mrs. Rifenburg: The house is over 50 years old. Ms. McEvoy-Riley: Could you put this addition in the rear? Mrs. Rifenburg: We already have a porch in the rear and we are really only going out 5 feet in the front. '-' Town of Wappinger Zoning Board of Appeals Page 3 Minutes of October 9,2007 \... Mr. Prager: When did you purchase this home? Mrs. Rifenburg: About 10 years ago. Mr. Prager: Do you have a surveyor this? Mrs. Rifenburg: I will look to see if we have one. Mr. Prager: If you do bring it the next time. And we will set your site visit also for October 13, 2007. Mr. Fanuele: Your public hearing will also be on the 23rd of October. Mrs. Rifenburg: Thank you. \..r Aooeal No. 07-7357 Huehsonville Auto Body -Seeking an area variance of Section 240-70A of District Regulations in an HM Zoning District. 1.) -Where a minimum lot area of 2 acres is reauired, the applicant is proposing a lot size of 1.529 acres. thus reauestine: a variance of .471 acres. -Seeking an area variance of Section 240-37 of District Regulations in an HM Zoning District. 2.) -Where the minimum of 75 feet to a state or county hiehway is reauired, the aoolicant gn orovide 70.75 feet from an existine: buildine:. thus reauestine: a variance of 4.25 feet. 3.) -Where a side yard setback of 12 feet is reauired, the aoolicant can orovide 7.5 feet from an existine: buildine:, thus reauestine: a variance of 4.5 feet. -Seeking an area variance of Section 240-70C of District Regulations in an HM Zoning District. 4.) -Where the location of overhead doors shall not face any street, the applicant is proposing the doors on the existine: buildine: to remain. thus reauestine: a waiver on this variance. The property is located on 86 Old Hooewell Road and is identified as Tax Grid No. 6157-01- 041593 in the Town of Wappinger. Present: Marty Novick John Miller - Owner - Engineer Mr. Miller: This is an existing building and we have been referred by the PB to come to you. We had spoken with Mrs. Lukianoff which at that time she said we would need a variance for lot coverage. The PB has left it up to Mrs. Lukianoff to make a determination on the remaining three variances and whether they would be necessary. We should have her decision this Thursday. Mr. Fanuele: How old is this building? '-' Town of Wappinger Zoning Board of Appeals \.- Mr. Miller: Mr. Fanuele: Mr. Novick: Mr. Miller: Mr. OellaCorte: Mr. Miller: Mr. Prager: Mr. Miller: Mr. Fanuele: ~ Mr. Miller: Mr. Prager: Mr. Novick: Mr. Miller: Mr. Prager: Mr. Miller: Mr. Fanuele: Mr. Miller: Mr. Fanuele: Mr. Miller: '-' Page 4 Minutes of October 9,2007 It was built in 1976, approximately. We are before the PB for a SUP. How many cars can you fit inside the building while you're working? Between 10 and 12 cars. This building is empty right now. It had been used for M & G Sanitation in the past. All the vehicles will be stored in the rear or inside the building. The front spaces will be used for patron parking only and there is not a lot of traffic with this type of business. The back property shown here also belongs to this? Yes it is all part of the same acreage. The underdeveloped property will stay the same and there are no plans on the table to develop it at this time. Is this your well? Yes. What about septic? It's here and was done in the early 1990's. We will obtain a letter from the HD for that. What are these? They are old dumpsters that are no longer there. The planning board gave us permission to remove scrub and the falling down fence in the front. What will be up front here? We will add a stone fa~ade and are proposing landscaping in the front here and here and new signage. You will only be doing painting on the inside? Yes. That will be a requirement of the PB. Fine, we will set your site visit for Saturday and your public hearing for October 23,2007. Thank you. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of October 9,2007 ~ Appeal No. 07-7359 Potter Brothers Ski and Patio -Seeking an area variance of Section 240-59A of District Regulations in an HB Zoning District. -Where the code states ''No structure or combinations of structures for said temporarv use shall exceed 1.000 SQuare feet in I!I"OSS floor area", the applicant is proposing to use a 30' X 75' tent that would eQual 2.250 SQuare feet. thus reQUestin2 a variance of 1.250 SQuare feet for the proposed tent size. -Seeking an area variance of Section 240-59H of District Regulations in an HB Zoning District. -Where the code limits temporarv events to three times a vear, the applicant is proposin2 to have five temporarv events per year, thus reQuestin2 a variance of two additional temporary events per year. The property is located on 1083 Route 9 and is identified as Tax Grid No. 6156-02-710924 in the Town of Wappinger. Present: Dan Potter - Business Owner John Lawrence - Mall Owner Mr. Fanuele: This is the Lawrence Farms Center? Mr. Lawrence: Yes. ~ Ms. McEvoy-Riley: You have no problem with this? Mr. Lawrence: No. It will be an attention getter for the other stores. Mr. Potter: We have been in business for 63 years and these tent sales create excitement. If the weather is bad the tent protects us and allows the sale to go on. We are looking at a 30' X 75' with 8 spikes or a 30' X 60' tent with 6 spikes. The sales will go on for 5 days and in the spring we will sell patio furniture. Mr. Fanuele: How many parking spaces do you need and many will be eliminated by the tent? Mr. Lawrence: The tent will use only 7 spaces plus the grassy area. We almost never fill up the back row of spaces. Mr. Potter: The tent will have a fence around it and security will be posted during the evening and overnight. Mr. Prager: What is the distance from the tent to Route 9? Mr. Lawrence: 33 feet. Mr. Prager: Is that enough for site distance? \....r Mr. Lawrence: I believe so. Town of Wappinger Zoning Board of Appeals Page 6 Minutes of October 9,2007 ~ Mr. Prager: Mark out for our site visit where this will be so we can see the amount of space this will take up. Also the lights at night may cause a distraction. Mr. Lawrence: We can leave the parking lot lights on during the sale. Mr. Potter: The security people come with a camper that they stay in. Mr. Lawrence: Also this aligns with our road sign. Mr. McVeigh: What would be the dates of this? Mr. Potter: Actually the first one will be in a few weeks, November 27th through December 3rd. The sale is three days with one day to set up and one day to take it down. This will be our grand opening sale. Mr. Fanuele: Well, we will see you on Saturday and your public hearing will be on October 23,2007. Mr. Potter: Thank you. ~ Ms. McEvoy-Riley: Motion to adjourn. Mr. Prager: Second the motion. Vote: All present voted aye. Meeting ended at 8:30 PM '-'