2007-03-13
ZONING BOARD OF APPEALS
March 13,2007
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Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: March 13, 2007
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve minutes for February 27, 2007.
Approve site minutes for March 3, 2007.
Public Hearing:
Appeal No. 07-7337
Paul & Lee Anne Freno- Seeking an area variance of Section 240-37 of District Regulations in an R-80
Zoning District.
- Where a side yard setback of 40 feet is reauired, the applicant is proposine: a side yard setback of 20
feet, to allow for a 12' X 24' wood storage shed, thus reauestine: a variance of20 feet.
-Where the code states...in no case shall Accessorv Structures be permitted in the front yard the
applicant requests a variance for a 12' X 24' wood storage shed in their front yard.
The property is located at 196 Smithtown Road and is identified as Tax Grid No. 6156-01-086987 in the
Town of Wappinger.
Discussions:
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Appeal No. 07-7339
Robert & Sharon Polidore- Seeking an area variance of Section 240-37 of District Regulations in an R-20
Zoning District.
-Where a rear yard setback of 40 feet is reauired, the applicant is proposine: a rear yard setback of 15
feet, to allow for a 20' X 32' above ground pool, thus reauestine: a variance of25 feet.
The property is located at 6 Scotse Road and is identified as Tax Grid No. 6157-02-950742 in the Town of
Wappinger.
Appeal No. 07-7338
JP More:an Chase Bank - Seeking variances of Chapter 240 of the code the Town of Wappine:er in an
HB (Highway Business) Zoning District.
1- Where a front yard setback of 75 feet is reauired from a County/State Hie:hwav, the applicant is
proposing a front yard setback of 38 feet from Route 9, thus reauestine: a variance of 37 feet from
Section 240, Attachment 4 of the code of the Town of Wappinger.
2- Where 75 feet is reauired on a corner lot for a front yard setback from a County/State Hie:hwav,
the applicant is proposing a front yard setback of 49 feet from the Mvers Corners side of the property,
thus reauestine: a variance 0(26 feet from Section 240, Attachment 4 and 240-21(C)ofthe code of the
Town of Wappinger.
3- Where a rear yard setback of 30 feet is reauired, the applicant is proposing a rear yard setback of 27
feet for the proposed drive-thru, thus reauestine: a variance of 3 feet from Section 240, Attachment 4 of
the code of the Town of Wappinger.
4. Where 27 parkine: spaces are reauired for this bankine: office, the applicant is proposing 24 vehicle
spaces, thus reauestinl! a variance of 3 parkine: spaces from Section 240-97 of the code of the Town of
Wappinger.
5. Where 25 feet setback is reauired for freestandinl! sie:ns, the applicant can provide 0 feet, thus
reauests a 25 foot variance from Section 240-29(F)(2)(a) of the code of the Town of Wappinger.
6. Where 0.5 Foot Candle at the property line is the maximum allowed in the town code, the applicant is
proposing 1.5 Foot Candles at the property line, thus reauestinl! a variance for 1 Foot Candle from
Section 240-230fthe code of the Town of Wappinger.
The property is located at 1460 Route 9 and is identified as Tax Grid No. 6157-02-650897 in the Town of
Wappinger.
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Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of March 13,2007
MINUTES
/lJ:>PROVED
MINUTES
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Town of Wappinger
Zoning Board of Appeals
March 13, 2007
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. Fanuele,
Ms. McEvoy-Riley
Mr. Warren,
Mr. DellaCorte,
Mr. Prager,
Chairman
Member
Member
Member
Vice-Chairman
Others Present:
Mrs. Lukianoff,
Mrs. Roberti,
Mr. Caviglia
Zoning Administrator
Secretary
Special Counsel
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SUMMARY
Public Heario!!s:
Paul & Lee Anne Freno
-Granted two variances.
Discussio os:
Robert & Sharon Polidore
-Public Hearing on March 27, 2007.
JP Morgan Chase Bank
-Public Hearing on March 27, 2007.
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Town of Wappinger
Zoning Board of Appeals
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Mr. Warren:
Mr. DellaCorte:
Vote:
Mr. Warren:
Mr. DellaCorte:
Vote:
Page 2
Minutes of March 13,2007
Motion to approve the minutes for February 27, 2007.
Second the motion.
All present voted aye.
Motion to approve the site minutes for March 3,2007.
Second the motion.
All present ~oted aye.
Appeal No. 07-7337
Paul & Lee Anne Freno- Seeking an area variance of Section 240-37 of District
Regulations in an R-80 Zoning District.
- Where a side vard setback of 40 feet is required, the applicant is proposine: a side
vard setback of20 feet. to allow for a 12' X 24' wood storage shed, thus reQuestine: a
variance of 20 feet.
-Where the code states...in no case shall Accessorv Structures be permitted in the
front vard the applicant requests a variance for a detached garage in his front yard.
The property is located at 196 Smithtown Road and is identified as Tax G'rid No. 6156-
01-086987 in the Town of Wappinger. . .
Mr. Fanuele:
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Mrs. Roberti:
Mr. Prager:
Mr. DellaCorte:
Vote:
Mr. Fanuele:
Mrs. Freno:
Mr. Freno:
Mr. Prager:
Mr. Caviglia:
Mrs. Lukianoff:
Mr. Fanuele:
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Are the mailings in order?
Yes they are.
Motion to open the public hearing.
Second the motion.
All present voted aye.
Swore in the applicant.
The shed is existing in our front yard.
We placed the shed there because our property is very hilly and
has slopes.
Yes at our site visit we noticed how hilly your property is.
I recognize Mr. Freno as having a violation in court.
This variance is in response to that violation.
Is there anyone in the audience with a question or comment?
Hearing none.
Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of March 13, 2007
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Mr. Prager:
Mr. Warren:
Vote:
Motion to close the public hearing.
Second the motion.
All present voted aye.
Mr. Warren:
Motion to grant the two variances. This will not be
detrimental to the neighborhood, nor cause any
environmental concerns. The shed is in good shape and the
yard is well kept. This is substantial and it is self-created.
Second the motion,
Ms. McEvoy-Riley: Aye.
Mr. Warren: Aye.
Mr. Prager: Aye.
Mr. DellaCorte: Aye.
Mr. F:anuele: Aye.
Mr. Prager:
Roll Call:
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Appeal No. 07-7339-
Robert & Sharon Polidore- Seeking an area variance of Section 240-37 of District
Regulations in an R-20 Zoning District.
- Where a rear vard setback of 40 feet is reauired, the applicant is proposine a rear
vard setback of 15 feet. to allow for a 20' X 32' above ground pool, thus reauestine a
variance of 25 feet.
The property is located at 6 Scotse Road and is identified as Tax Grid No. 6157-02-
950742 in the Town of Wappinger.
Mr. Polidore:
This pool has been in since 1985.
Ms. McEvoy-Riley:
How did this come about you seeking a variance?
Mr. Polidore:
Because of an open building permit. When they came out they
discovered the pool.
Mr. Prager:
How long are you living there?
Mr. Polidore:
Since July of 1984.
Mr. Prager:
Do you have a survey of your property?
Mr. Polidore:
Yes at home.
Mr. Prager:
Could you bring it in so we can make copies?
Mr. Polidore:
Yes I will and for the record this pool was put in by Mermac
Pools.
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Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of March 13,2007
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Mr. Fanuele:
We will come out and do a site visit on Saturday, March 17,
2007 and we will set your public hearing for March 27, 2007.
Mr. Polidore:
Thank you.
Appeal No. 07-7338
JP More:an Chase Bank - Seeking variances of Chapter 240 of the code the Town of
Wappine:er in an HB (Highway Business) Zoning District.
1- Where a front vard setback of 75 feet is reauired from a Countv/State Hie:hwav,
the applicant is proposing a front vard setback of 38 feet from Route 9. thus
reauestine: a variance of 37 feet from Section 240, Attachment 4 of the code of the
Town of Wappinger.
2- Where 75 feet is reauired on a corner lot for a front vard setback from a
Countv/State Hie:hwav. the applicant is proposing a front vard setback of 49 feet
from the Mvers Corners side of the propertv. thus reauestine: a variance'of26 feet
from Section 240, Attachment 4 and 240-21 (C)ofthe code of the Town of Wappinger.
3- Where a rear vard setback of 30 feet is reauired, the applicant" is proposing a rear
vard setback of 27 feet for the Droposed drive-thru. thus reauestine: a variance of 3
feet from Section 240, Attachment 4 of the code of the Town of Wappinger.
~ 4. Where 27 parkine: spaces are reauired for this bankine: office. the applicant is
proposing 24 vehicle spaces, thus reauestine: a variance of 3 Darkine: spaces from
Section 240-97 of the code of the Town of Wappinger.
5. Where 25 feet setback is reauiredfor freestandine: sie:ns, the applicant can provide
o feet, thus reauests a 25 foot variance from Section 240-29(F)(2)(a) of the code of the
Town of Wappinger. .
6. Where 0.5 Foot Candle at the propertv line is the maximum allowed in the town
code, the applicant is proposing 1.5 Foot Candles at the property line, thus reauestine:
a variance for 1 Foot Candle from Section 240-230fthe code of the Town of
Wappinger.
The property is located at 1460 Route 9 and is identified as Tax Grid No. 6157-02-
650897 in the Town of Wappinger.
Present:
Greg Mapstone - Chazen's
Eric Romanyszyn - JRS Architect, PC
Mr. Mapstone:
We have been at the planning board with this project and pretty
much anything we would build on this site would require variances
from this board short of a dog house. At this time the project was
explained to the board The PB has asked us to move the building
at this angle for better movement. We have been asked to angle
the parking and where the code states we need 27 spaces we can
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Town of Wappinger
Zoning Board of Appeals
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Mr. Fanuele:
Mr. Mapstone:
Mr. Fanuele: .
Mr. Mapstone:
Mr. Prager:
Mr. Mapstone:
Mr. Prager:
Mr. Romanyszyn:
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Mr. Fanuele:
Mr. Mapstone:
Mr. Prager:
Mr. Mapstone:
Mr. Prager:
Mr. Mapstone:
Mr. Romanyszyn:
Mr. Prager:
Mr. Mapstone:
Mr. Prager:
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Minutes of March 13,2007
only fit 24 now. As for the lighting variance we have to have a
certain amount of lighting for security reasons for a bank.
Where will the sign go?
Showed the ZBA on the map where the sign will be placed
Where is the lighting proposed?
Showed the various lighting fixtures on the map for the board. We
can direct the light pretty well away from the road in every area
but these two. Here and here we are not sure we can comply and
NYS banking laws require a certain amount of lighting for safety
and security.
What about existing lighting?
It will all be changed to this photometric plan.
What will this look li~e?
Gave out pictures of the elevations and building colors for the
board
We get a lot of requests for a zero setback and we would like to see
it moved in from the road.
It's not on the road it is from the property line that ends here and
then the ROW has a large grass strip.
Will it be within 5 feet of the existing sign?
I believe so.
Its no more than 25 sf, is it?
1'11 check on that.
Chase has a few standards that they choose from for their designs.
Have you been to the DCHD yet?
Yes, I have a SPEDES permit.
Do you all want to take a look at this?
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Town of Wappinger
Zoning Board of Appeals
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Mrs. Lukianoff:
Mr. Prager:
Mr. Warren:
Mr. Mapstone:
Mr. Fanuele:
Mr. Prager:
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Mrs. Roberti:
Mr. Mapstone:
Mr. Fanuele:
Mrs. Roberti:
Mr. Fanuele:
Mr. Prager:
Mr. Fanuele:
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Minutes of March 13,2007
The code allows a sign of 25 sf and up to 10 feet high although the
PB can waive that up to 35 sf.
We need to know what kind and size the sign will be that you are
putting up bef?re we can consider that.
Will you be using both entrances as exits also?
The NYSDOT only accepts the right in and the DCDPW is
allowing a right in and right out only. So you can't get back to
Route 9 without doing something illegal so we are working on that.
The NYSDOT is thinking of a turning lane there on Route 9 but
there are no definite plans for that right now.
We will go out on a site visit March 1 ih and we will set your
public hearing for March 27th, 2007. . .
Please mark out where the signs will be going with stakes for us.
Also Barbara please make sure this goes out to the NYSDOT,
DCDPW and the DC Planning Board. Has the PB done a Lead
Agency on this yet.
I will send them out to those agencies and I will check on Lead
Agency with the Town Planner.
We will take care of staking out those signs. Thank you.
How much credit do we get for going to the classes in New York?
I have that question in to Mr. Ruggiero at this time.
I have been handed Doug Warren's resignation tonight from the
board effective this evening.
It has been a real pleasure having Doug on this board and he has
been a real asset to us.
I'll second that.
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Town of Wappinger
Zoning Board of Appeals
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Mr. Caviglia:
Mr. Fanuele:
Mr. Caviglia:
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Mr. Prager:
Mr. Caviglia:
Mr. Prager:
Mrs. Lukianoff:
Mr. Prager:
Mr. Warren:
Vote:
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Minutes of March 13,2007
Mr. Chairman, an application for a Use Variance has been
submitted for the Moody's. I note that the use variance according
to this application is going to be relying at least in part on some
appraisals and the argument of some form of financial hardship
unless a use variance is granted. I think that based on past
experience this is the type of case that the board should request an
escrow be deposited by the applicant prior to the first appearance.
I can proceed that an appraiser would be needed and possibly a
CPA to analyze tax returns and other commercial information that
the board might want reviewed by an expert. So accordingly
something in the order of $3,000.00 to $3,500.00 should be
ordered by the board in accordance with Section 240-110.
What type of use variance are they after?
There are several struc.tures on the subject property and one of
them is a single family dwelling which is at this time being used
illegally for a two-family dwelling. I do not know offhand who is
occupying these. I do know that this is an investment property and
that they are in justice court on the violations. That matter had
been temporarily stayed if you remember because they had applied
for an area variance that was dismissed as untimely. They did not
appeal that and now instead now seek a use variance from this
board. So in anticipation of the types of arguments that are being
raised and absent the types of expert knowledge or expertise of the
financial. field or appraisals that will be necessary the escrow
would be in order.
Do you think the $3,000.00 will be enough?
Yes it should.
In situations where we made a dollar amount and find out half way
through it is not even close then do we raise it?
No it would be replenished here.
Motion to require an escrow of $3,000.00 to be submitted prior
to the first appearance before this board.
Second the motion.
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
Page 8
Minutes of March 13,2007
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Ms. McEvoy-Riley: Motion to adjourn.
Mr. DellaCorte: . Second the motion.
V ote: All present voted aye.
Meeting ended at 8: 15 PM
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~oberti' Secretary
I Secretary - Zoning Board of Appeals
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