2007-01-09
ZONING BOARD OF APPEALS
January 9, 2007
Agenda
~
Town of Wappinger Zoning Board of Appeals
MEETING DATE: January 9, 2007
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve minutes for October 24, 2006
Adjourned Public Hearing:
Appeal No. 06-7332
Tech Air Site Plan - Seeking area variances of Section 240-37 for reauests lA throueh 5E and Section 240-97 for
variance 6F of District Zoning Regulations for HO (Highway Office) Zoning.
lA- Where a lot area of one acre is reauired. the applicant is proposing a lot area of .51 of an acre. thus reauestine a
variance of .49 acre.
2B- Where a lot width of 150 feet is reauired. the applicant is proposing a lot width of 87 feet for a pre-existine
condition. thus reauestine a variance of 63 feet.
3C- Where a front vard setback of 50 feet is reauired alone Smithtown Road. the applicant is proposing a front vard
setback of 5 feet for the corner of the proposed buildine from the property line. thus rea uestine a variance of 45
feet.
4D:Where 50 feet is reauired on a corner lot for a side vard setback eaual in depth of the front vard setback, the
applicant is proposing a side vard setback of 15 feet from the Route 9 side ofthe property, thus reauestine a
variance of 35 feet. The proposed building is to be located 15 feet from the side property line that runs along Route 9.
5E-Where a side yard setback of 10 feet is reauired. the applicant is proposing a side yard setback of 5 feet for the
proposed buildine from the property line, thus reauestine a variance of 5 feet.
6F- Where 21 parkine spaces are reauired for retail business includine offices and storaee, the applicant is
proposing 11 vehicle spaces includine 1 Handicap Space. thus reauestine a variance of 10 parkine spaces.
The property is located at 1123 Route 9 ( Corner of Smithtown Road and Route 9) and is identified as Tax Grid No.
6157-04-671026 in the Town of Wappinger.
\.
Public Hearings:
Appeal No. 06-7333-
Jeffrev Strane - Seeking an area variance of Section 240-37 and Section 240-1 07B (2) (b) [2] of District Zoning
Regulations for HB Zoning.
- Where 2 acres are reauired. the applicant is proposing 1.78 acres to allow for a mix of commercial and multi-
familv housine, thus reauestine a variance of .22 acres.
-Where a lot depth of 200 feet is reauired. the applicant is proposing a lot depth of 105 feet to allow for a pre-
existine condition. thus reauestine a variance of95 feet.
The property is located between Old State Road and Old Route 9 and is identified as Tax Grid No. 6157-02-
580777/581803 in the Town of Wappinger.
Discussions:
Appeal No. 07-7334
John O'Donnell- Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District.
- Where a front yard setback of 50 feet is rea uired. the applicant is proposine a front yard setback of 40 feet. to
allow for a single family dwelling, thus reauestine a variance of 10 feet.
The property is located at 6 Whites Corner Lane and is identified as Tax Grid No. 6257-04-936302 in the Town of
Wappinger.
Appeal No. 07-7335
Elias Levba- Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District.
- Where a front yard setback of 75 feet is reauired. the applicant is proposine a front yard setback of 52 feet, to
allow for a 19' X 6' enclosed front porch, thus reauestine a variance of 23 feet.
The property is located at 65 New Hackensack Road and is identified as Tax Grid No. 6158-02-614557 in the Town
of Wappinger.
'-"
1
Town of Wappinger
Zoning Board of Appeals
Page 1
\r...-
MINUTES
Minutes of January 9, 2007
[D)[R1iA\~1
Town of Wappinger
Zoning Board of Appeals
January 9, 2007
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. Fanuele, Chairman
Ms. McEvoy-Riley, Member
Mr. Prager, Vice-Chairman
Members Absent:
Mr. DellaCorte,
Mr. Warren,
Member
Member
Others Present:
Mrs. Lukianoff,
Mrs. Roberti,
Mr. Caviglia
Zoning Administrator
Secretary
Special Counsel
\r...-
SUMMARY
Adiourned Public Hearine:s:
Tech Air Site Plan
-Adjourned Public Hearing to January 23,
2007.
Public Hearine:s:
Jeffrey Strang
-Closed Public Hearing. Decision on
February 13, 2007
Discussions:
John O'Donnell
- Public Hearing on January 23, 2007.
Elias Leyba
- Public Hearing on January 23,2007.
\-,.
Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of January 9, 2007
\...
~
Appeal No. 06-7332
Tech Air Site Plan - Seeking area variances of Section 240-37 for reauests lA throul!:h
5E and Section 240-97 for variance 6F of District Zoning Regulations for HO (Highway
Office) Zoning.
lA-Where a lot area of one acre is reauired, the applicant is proposing a lot area of .51
of an acre. thus reauestinl!: a variance of .49 acre.
2B- Where a lot width of 150 feet is reauired, the applicant is proposing a lot width of
87 feet for a pre-existinl!: condition. thus reauestinl!: a variance of 63 feet.
3C- Where a front yard setback of 50 feet is reauired alonl!: Smith town Road, the
applicant is proposing a front yard setback of 5 feet for the corner of the proposed
buildinl!: from the property line. thus reauestinl!: a variance of 45 feet.
4D: Where 50 feet is reauired on a corner lot for a side yard setback eaual in depth
of the front yard setback. the applicant is proposing a side yard setback of 15 feet
from the Route 9 side of the property. thus reauestinl!: a variance of35 feet. The
proposed building is to be located 15 feet from the side property line that runs along
Route 9.
5E-Where a side yard setback of 10 feet is reauired, the applicant is proposing a side
yard setback of 5 feet for the proposed buildinl!: from the property line. thus
reauestinl!: a variance of 5 feet.
6F- Where 21 parkin I!: spaces are reauired for retail business includinl!: offices and
storal!:e. the applicant is proposing 11 vehicle spaces includinl!: 1 Handicap Space, thus
reauestinl!: a variance of 10 parkinl!: spaces.
The property is located at 1123 Route 9 ( Corner of Smithtown Road and Route 9) and
is identified as Tax Grid No. 6157-04-671026 in the Town of Wappinger.
Mr. Prager:
Ms. McEvoy-Riley:
Vote:
Motion to adjourn this APH to January 23, 2007.
Second the motion.
All present voted aye.
Appeal No. 06-7333-
Jeffrey Stranl!: - Seeking an area variance of Section 240-37 and Section 240-107B (2)
(b) [2] of District Zoning Regulations for HB Zoning.
- Where 2 acres are reauired, the applicant is proposing 1.78 acres to allow for a mix of
commercial and multi-family housinl!:. thus reauestinl!: a variance of .22 acres.
-Where a lot depth of200 feet is reauired, the applicant is proposing a lot depth of 105
feet to allow for a pre-existinl!: condition. thus reauestinl!: a variance of 95 feet.
The property is located between Old State Road and Old Route 9 and is identified as
Tax Grid No. 6157-02-580777/581803 in the Town of Wappinger.
Present:
Eugene Ninnie
Jeffrey Strang
~
Mr. Prager:
Are the mailings in order?
-
Town of Wappinger
Zoning Board of Appeals
'-"
Mrs. Roberti:
Mr. Prager:
Ms. McEvoy-Riley:
Vote:
Mr. Fanuele:
Mr. Ninnie:
\..,
Mr. Fanuele:
Mr. Thompson:
Mr. Fanuele:
Mr. Thompson:
Mr. Prager:
Mr. Thompson:
Mr. Prager:
Mr. Thompson:
\..-
Page 3
Minutes of January 9, 2007
Yes.
Motion to open the public hearing.
Second the motion.
All present voted aye.
The public hearing is now open for comments to the board. All
comments are to be exclusively addressed to the board. We may
ask questions of any speakers, but we will not answer questions, as
that is not the function of the board. We shall review all
information properly submitted and make our deliberations at some
point after the public hearing is closed. Each speaker must clearly
state his or her name and address, and will be placed under oath
before speaking. Any speaker must first be recognized by this
chair before speaking.
Explained the project to the public. We are looking to construct
three 2-story buildings for mixed use. It comprises about 7800 sf
of commercial space and 78 sf of residential space on the second
floors. I have an artist rendition of what this proposes to look like
for the board. The public is also welcome to come up and see
them. There will also be two parking lots with parking for 41 cars.
The ZBA Chair has outlined the variances in the notice.
Do the members have any comments or questions? (No.) Does
anyone in the audience have a question?
Wayne Thompson, 17 Hasbrouck Drive, Poughkeepsie.
Swore in the resident.
I am here on behalf of the residents that own houses that border the
property on Old State Road.
Are you representing these residents?
Speaking on behalf of the residents, yes sir.
Who are they?
The residents on Old State Road. They are listed on your mailing
list. Several are in attendance tonight.
Town of Wappinger
Zoning Board of Appeals
'-"
Page 4
Minutes of January 9, 2007
Ms. McEvoy-Riley: I'm sorry Wayne, I don't see them on a list.
Mr. Thompson:
Mrs. Roberti:
Mr. Caviglia:
Mr. Thompson:
Mr. Liardo:
Mr. Bishoff:
Mrs. O'Dell:
Mr. Caviglia:
Mr. Liardo:
~
Mr. Caviglia:
Mr. Thompson:
Mr. Fanuele:
Mr. Thompson:
Mr. Caviglia:
Mr. Thompson:
Mr. Caviglia:
'-"
Mr. Thompson:
On Barbara's mailing list.
There were a lot of names on that list.
I think the board is asking who specifically do you represent when
you say I speak on behalf of them.
They are here. Will you stand and state your name.
Vince Liardo, 566 Old State Road.
Howard Bishoff, 568 Old State Road.
Trudy O'Dell, 570 Old State Road.
Are you retained to represent them in some capacity?
He is speaking on our behalf and there were other residents that
couldn't make it tonight.
My question is just so the record is clear what capacity do you
represent them?
Representing their interest clearly stated before the board.
These three people that are here say you are but the others you
have nothing documenting that you are represent them.
These three individuals have been working with me on this project
and who I represent right now.
As a spokesman?
Yes is that alright? I have here a letter that I have prepared and
that I would like to read it into the record. This is in addition to the
ones I have sent already.
Would it be alright to just stipulate this as an exhibit that is being
submitted on behalf of the three persons so we don't have to go
through and read the three pages since it is a lengthy letter?
It will only take about two minutes to read.
Town of Wappinger
Zoning Board of Appeals
'-'
Mr. Caviglia:
Mr. Prager:
Mr. Thompson:
Mr. Caviglia:
Mr. Thompson:
Mr. Caviglia:
Mr. Thompson:
~
Mr. Caviglia:
Mr. Thompson:
Mr. Fanuele:
Mr. Thompson:
~
Page 5
Minutes of January 9, 2007
Well if you are submitting it I'm just trying to....
Yes and we will have it in our record anyway.
I would like to discuss some of the issues after I read the letter.
Then I would like to submit some pictures about the neighborhood.
If I could just interject as I am glancing over this it looks like these
are citations to legal cases and so forth more in the nature of a legal
memorandum, am I right?
Correct.
The submission is fine but if you have factual matter that you wish
to present I think it would more productive if you did that since
this is in the record.
Then let me present these pictures for you to keep. (Brought up to
the ZBA members.) This is the neighborhood there coming down
Old State Road.
May I suggest that you label them for identification.
Ok this will be A.
B. Picture of the roadway from the other direction.
C. Picture of the property as it now exists.
D. This is the property from Old Route 9
E. This is looking at the widest part of 125 feet.
F. These are the houses across the street.
Where will the dumpsters be?
Right here. These buildings will stand 40 feet in the air and
change the character here. In my letter today I've listed our
concerns. This is still at the PB and still has other issues to be
looked at. The town code calls for something different then a 75
foot setback. It calls for a 75 foot setback from a town road. One
building is 7.5 feet from the front lot line. The board should also
consider changing the front yard to the rear yard. The impact to
the residents is drastic. When you go from the pictures that I have
shown you to the rear of a building is drastic. We think the ZBA
should not grant these variances.
Town of Wappinger
Zoning Board of Appeals
\.,.
Mr. Bishoff:
Mr. Liardo:
Mrs. O'Dell:
Mr. Fanuele:
Mr. Ninnie:
Mr. Liardo:
Mr. Fanuele:
~
Mr. Prager:
Ms. McEvoy-Riley:
Vote:
Mr. Fanuele:
Page 6
Minutes of January 9, 2007
Howard Bishoff, 550 Old State Road. Go down to Old Hopewell
Road and look at all the garbage. I don't want to look at the back
of a building.
Vince Liardo, 566 Old State Road. Thank you for listening to our
concerns.
Trudy O'Dell, 570 Old State Road. I have been a resident for over
40 years and there are only 5 residences here now. One of the
neighbors is very ill and we have a lot of concerns.
Any comments from the board members? (No.)
The engineering concerns are no greater than any other project.
We can surely move the dumpster if that is a concern
It's not just the dumpster.
Anyone else? Hearing none.
Motion to close the public hearing.
Second the motion.
All present voted aye.
We will hold our decision until February 13,2007 in order to get
the minutes and to review the information submitted.
Appeal No. 07-7334
John Q'Donnell- Seeking an area variance of Section 240-37 of District Regulations in
an R -40 Zoning District.
- Where a front yard setback of 50 feet is required, the applicant is proposine: a front
yard setback of 40 feet. to allow for a single family dwelling, thus reQuestine: a
variance of 10 feet.
The property is located at 6 Whites Corner Lane and is identified as Tax Grid No.
6257-04-936302 in the Town of Wappinger.
Mr. O'Donnell:
~
I am looking to get a house moved forward that I am building. I
have a 38' X 24' envelope and a 90' easement for the power lines
behind me. That has me restricted as to where I can place the
house. I am looking to build a house between 2800 sf and 4300 sf
depending on what the buyer chooses. This will allow me to build
a house with a front porch and a comparable house to the rest of
the subdivision.
Town of Wappinger
Zoning Board of Appeals
\....-
Mr. Fanuele:
Mr. O'Donnell:
Mr. Fanuele:
Mr. O'Donnell:
Mr. Fanuele:
Mr. O'Donnell:
Mr. Caviglia:
Mr. O'Donnell:
\...-
Page 7
Minutes of January 9, 2007
In regards to the power company there was a letter with three
conditions, do you have any objections to these three conditions?
Originally I had gone to them to see if they would give me an 80
foot setback instead of a 90 foot setback and they agreed to that but
I don't think the town.....
If you're at the 90 foot setback you don't need these conditions,
correct? (Yes.) Then this is only if you reduce it to 80 foot.
Yes. It's a good size lot but the setbacks have me squeezed in
there a little.
So the septic is approved and is staying where it is shown?
Yes nothing else is changing.
How big is the house you are proposing?
About 38 X 24 which is 2700 sf., but I would like to make it a little
larger. The way is it now I can only get about 2100 sf.
Ms. McEvoy-Riley: Is this already marked out and if not can you mark it out?
Mr. O'Donnell: I will take care of that.
Mr. Fanuele: Ok we will set your PB for January 23, 2007 and a site visit for this
Saturday, January 13,2007.
Mr. O'Donnell: Thank you.
Anneal No. 07-7335
Elias Levba- Seeking an area variance of Section 240-37 of District Regulations in an R-
20 Zoning District.
- Where a front yard setback of 75 feet is required, the applicant is nronosinf! a front
yard setback of 52 feet. to allow for a 19' X 6' enclosed front porch, thus reQuestinf! a
variance of 23 feet.
The property is located at 65 New Hackensack Road and is identified as Tax Grid No.
6158-02-614557 in the Town of Wappinger.
Mr. Fanuele:
\...-
Is there anything there in front now?
&
Town of Wappinger
Zoning Board of Appeals
~
Mr. Leyba:
Mr. Fanuele:
Mr. Fanuele:
Ms. McEvoy-Riley:
Vote:
Page 8
Minutes of January 9, 2007
Yes. It is a little porch that has collapsed and I want to add that
space to the living room. I needed to go out 2 feet to put in the
footings and that's when I decided to add it to my living room
since my home is very small. I will still be using the same steps.
We will do a site visit on January 13,2007 and your public hearing
will be on January 23, 2007.
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 9:00 PM
"-'
\....
Resp~llY Supmitted,
~~ret
Secretary - Zoning Board of Appeals
)
/