2012-04-26
Revised 04-25-2012
Town of Wappinger Zoning Board of Appeals
MEETING DATE: APRIL 26, 2012
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve Minutes for February 28, 2012.
Adiourned Public Hearine::
Appeal No. 11-7442 - At the request of Reed Swenson who is seeking a variance of Section
240-37 of District Zoning Regulations for an R-20 Zoning District.
- Where a front yard setback of 75 feet is required on a State/County Hie:hway, the applicant
is proposine: a front yard setback of 50 feet. to allow for the construction of new residential
housing, thus requestine: a variance of 25 feet.
The property is located at New Hackensack Road and is identified as Tax Grid No. 6158-02-
948876 in the Town of Wappinger.
Public Hearine::
Appeal No: 12-7460
J. Mathiasen Seeking a variance of Section 240-37 of District Zoning Regulations for R-40/80
Zoning District.
- Where the front yard setback of 50 feet is required, the applicant is proposine: a front yard
setback of 19.3 feet. to allow the construction of an attached 2 car garage thus requestine: a
variance of 30.7 feet.
The property is located at 8 Conner Rd. and is identified as Tax Grid No. 6157-01-038921 In
the Town of Wappinger.
Appeal No. 12-7461
Co Campbell & V. Johnson Seekine: a vanance of Section 240-37 of District Zoning
Regulations for R-20/40 Zoning District.
- Where the front yard setback of 50 feet is required, the applicant is proposine: a front yard
setback of 41 feet. to allow the demolition of front porch and construct new mudroom, thus
requestine: a variance of 9 feet.
The property is located at 125 Curry Rd. and is identified as Tax Grid No. 6157-02-515620 in
the Town of Wappinger.
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Discussion:
Appeal No. 11-7452
David S Crawford - Seeking a Use Variance of Article IV, Section 240.83 and Section 240-37
in the District Zoning Regulations for an NB Zoning District.
Applicant is seeking a Use Variance for the use as a contractor's yard in a
neighborhoodlbusiness district.
The property is located Old State Road and Rt 9D and is identified as Tax Grid No. 6057-
04-826136 in the Town of Wappinger.
Town of Wappinger
Zoning Board of Appeals
Town of Wappinger
Zoning Board of Appeals
April 26, 2012
Summarized Minutes
Members:
Mr. Prager
Mr. Dellacorte
Mr. Casella
Mr. Johnston
Mr. GaIotti
Others Present:
Mrs. Roberti
Mrs. Rose
Mr. Horan
April 26, 2012 Minutes
MINUTES
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member
Member
Member
Member-Absent
Zoning Administrator
Secretary
Attorney
SUMMARY
Reed Swenson
James Mathiasen
Camobell & Johnson
David S Crawford
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-Discussion - Postponed to June 26, 2012
-Public Hearing - Postponed May 8, 2012
-Variance- Approved April 26, 2012
-Discussion-Continue May 22, 2012
Town of Wappinger
Zoning Board of Appeals
April 26, 2012 Minutes
Mrs Rose:
Mr. Prager did everyone attend the site visits.
Mr. Prager:
Yes.
Adiourned Public Hearing:
Appeal No. 11-7442 - At the request of Reed Swenson who is seeking a variance of Section
240-37 of District Zoning Regulations for an R-20 Zoning District.
- Where a front yard setback of 75 feet is reauired on a State/County Highwav, the applicant
is proposing a front yard setback of 50 feet. to allow for the construction of new residential
housing, thus reauesting a variance of 25 feet.
The property is located at New Hackensack Road and is identified as Tax Grid No. 6158-02-
948876 in the Town of Wappinger.
Mr. Prager:
I have a letter here from Mr. Swenson's attomey, I would like to read.
I would like a motion to open the public hearing then I will read the letter
from the attomey. Do I have a motion to open the hearing?
Mr. Casella:
Mr. Johnston:
Motion to open the public hearing.
Second the motion
Mr. Prager:
All in favor.
Board Members:
Aye
Mr. Prager:
Explains that Mr. Olsen, who is the attomey for Mr. Swenson, will be in
Rhinebeck on May 1ih and would like the Public Hearing be moved to
June 26th. We will accept this. Do I have a motion to adjoum the hearing?
Mr. Horan:
Please ask if there is anyone in attendance.
Mr. Prager
I believe there is no one here for this public hearing.
Mr. Casella:
Mr. Johnston:
Motion to adjourn the public meeting.
Second the motion
2
Town of Wappinger
Zoning Board of Appeals
April 26, 2012 Minutes
Appeal No: 12-7460
J. Mathiasen Seeking a variance of Section 240-37 of District Zoning Regulations for R-40
Zoning District.
- Where the front yard setback of 50 feet is required, the applicant is proposin2: a front yard
setback of 19.3 feet. to allow the construction of an attached 2 car garage thus requestin2: a
variance of 30.7 feet.
The property is located at 8 Conner Rd. and is identified as Tax Grid No. 6157-01-038921 In
the Town of Wappinger.
Mr. Prager:
Sue, are the mailings in order.
Mrs. Rose:
No Sir.
Mr. Prager:
None of them have been sent back.
Mrs. Rose:
No
Mr. Prager:
We will have this republished and have the public hearing on May 8th.
Mr. Prager:
Is anyone here for this public hearing?
Mr. Prager:
We did have the site inspection for this.
3
Town of Wappinger
Zoning Board of Appeals
April 26, 2012 Minutes
Appeal No. 12-7461
C. Campbell & V. Johnson Seeking a vanance of Section 240-37 of District Zoning
Regulations for R-20/40 Zoning District.
- Where the front yard setback of 50 feet is required, the applicant is proposin2 a front yard
setback of 41 feet. to allow the demolition of front porch and construct new mudroom, thus
reQUestin2 a variance of 9 feet.
The property is located at 125 Curry Rd. and is identified as Tax Grid No. 6157-02-515620 In
the Town of Wappinger.
Mr. Prager:
Are all the mailings in order?
Mrs. Rose:
Yes
Mr. Prager:
Can I have a motion to open the public hearing?
Mr. Johnston:
Mr. Casella:
Board Members:
I make the motion to open the public hearing.
Second the motion
All in favor.
Mr. Campbell:
Explains the work that he is requesting the variance for.
Mr. Prager:
We did get your drawings and we did do a site visit.
Mr. Prager:
Is anyone in the audience for or against the appeal?
Mr. Prager:
Let the records show that there is no one in the audience.
Mr. Prager:
I would like a motion to close the appeal.
Mr. Casella:
Mr. Johnston:
I make a motion to close the appeal
Second the motion
Mr. Prager:
Does anyone want to make a motion to grant this variance.
Mr. Casella:
Motion to grant the variance: It's not undesirable change to the
neighborhood, it's only 9 feet, it's not a detriment to nearby
properties, and there are no adverse effects to the environment - I
make a motion to grant the variance.
Mr. Johnston:
I second the motion
Mr. Prager:
Roll call vote.
4
Town of Wappinger
Zoning Board of Appeals
Mr. DellaCorte:
Mr. Johnston:
Mr. GaIotti:
Mr. Casella:
Mr. Prager:
Mr. Prager:
Mr. Prager:
Mr. Casella:
Mr. Johnston:
Mr. Prager:
Board Members:
Discussion:
Appeal No. 11-7452
April 26, 2012 Minutes
Yes
Yes
Absent
Yes
Yes
Motion has been granted and will be filed in 5 days.
Before we go any further, can I have a motion to accept the minutes from
February 28,2012.
I make a motion to accept the February 28, 2012 minutes
I second the motion
All in favor
Aye
David S Crawford-Seeking a Use Variance of Article IV, Section 240.83 and Section 240-37
in the District Zoning Regulations for an NB Zoning District.
Applicant is seeking a Use Variance for the use as a contractor's yard in a
neighborhoodlbusiness district.
The property is located Old State Road and Rt 9D and is identified as Tax Grid No. 6057-04-
826136 in the Town of Wappinger
Mr. Prager:
Mr. Crawford:
Mr. Prager:
Mrs. Roberti:
Mr. Crawford if there is any other information we need we would ask you
to bring it to another meeting. Tell us what you need and why you are
here.
I have a triangle piece of property on Old State and Route 9D. My
business has been there for 36 years it was originally part of the farm
that was my grandfathers. My father ran Chelsea door company which
is now run by my sister. Years ago they deemed it a neighborhood
business.
Mrs. Roberti, do you know when zoning started?
1963
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Town of Wappinger
Zoning Board of Appeals
April 26, 2012 Minutes
Mr. Crawford:
Continues to explain to the board the neighbors adjacent to his property
and what their businesses are and how they were deemed neighborhood
business. Continues to explain how far back the property has been in his
family.
Mr. Prager:
What do you do with the property in question?
Mr. Crawford:
Storage. I run a little remodeling business. Three or four guys work for
me, depending on how busy I am.
Mr. Prager:
Is there a building on the property.
Mr Crawford:
No. One shed and three trailers.
Mr. Crawford:
Explains to the board where on Old State Road he and his family live and
what house belongs to what family members. Explains all the property
was in Frank Crawford's name until 1997 then was broken up.
Mr. Casella:
What do you actually want to do?
Mr. Crawford:
Keep running my business and make a living.
Mr. Horan:
What was the violation that was issued?
Mrs. Roberti:
Unpermitted contractor's yard.
Mr. Horan:
Unpermitted contractor's yard. What we need to look at in addition to a
use variance is if this is a continuation to a prior nonconforming use.
Mr. Prager:
What kind of trailers are on the property?
Mr. Crawford:
Tractor trailers. Only the trailers.
Mr. Prager:
Is that where you store your tools?
Mr. Crawford:
Yes
Mr. Horan:
Explains to the board the process of looking at the use variance compared
to the continuations of the nonconforming use and the time line. We will
need to do an investigation.
Mr. Prager:
Yes, I would like to ask Mr. Crawford if you could get the board for the
next time we meet a time line; from 1963 on. What was on the property
when was the trailer brought on?
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Town of Wappinger
Zoning Board of Appeals
April 26, 2012 Minutes
Mr. Horan:
Even if you go back earlier, like the 1950's.
Mr. Crawford:
I could back to 1939.
Mr. Prager:
That would be great. Whenever there was a change I would like to know
about it. Especially, when did you put those trailers on there for storage?
Mr. Prager:
Jim, anything else?
Mr. Horan:
At one point you said there was a wood cutting type of operation?
Mr. Crawford:
Yes fire wood and stuff. It's been the family property since 1939.
Mr. Horan:
Addresses the board about the use variance versus neighborhood business.
Mr. Crawford:
Again explains the history of the property in respect to his family.
Mrs. Roberti:
Explains to the board the violation that was issued and the length of time
this has been going on.
Mr. Prager:
Mr. Horan, what is your recommendation?
Mr. Horan:
Because the nature of this property, it may qualify for a use variance.
It has a weird shape, triangular shape. The question will ultimately be,
what other uses would be permitted? Mr. Horan continues to explain what
other uses are excitable for this property.
Mr. Crawford:
What I am looking at is 4th generation to use the property.
Mr. Prager:
The storage started with you. We really need to get the time line.
Mr. Crawford:
The storage goes back to my grandfather.
Mr. Prager:
What did he store on it?
Mr. Crawford:
Boats and stuff. We had a shop set up.
Mr. Johnston:
Was there a structure there?
Mr. Crawford:
Yes but it fell down years ago.
Mr. Horan:
Questions if there are any wet lands?
Mr. Crawford:
On the other side of the power lines.
Mr. Horan:
Any flood plain issues?
7
Town of Wappinger
Zoning Board of Appeals
April 26, 2012 Minutes
Mr. Crawford:
Yes on the other side of this. (Looking at map)
Mr. Horan:
There may be some constraints on this property that may entitle Mr.
Crawford to get a use variance.
Mrs. Roberti:
I can go on GIS and check the hydrology of the property.
Mr. Prager:
Weare going to need more information to continue this discussion.
Mr. DellCorte:
Are you going to make changes to the property?
Mr. Crawford:
No I have no plans to change anything.
Mr. DellCorte:
So the shed and trailer will be left there with no additional
Mr. Crawford:
Yes, in fact one of them is going to go. We don't park there, or work
there. I'm down there maybe once a day. I get what I need and I leave.
Mr. Horan:
Is the property fenced.
Mr. Crawford:
No.
Mr. Prager:
Is there a drive way into the property.
Mr. Crawford:
Off of Old State Road.
Mr. Prager:
Board Members and Mr. Crawford review map.
Mr. Prager:
Explains the criteria of a use variance.
Mr. Horan:
Explains to the board some of the criteria that has been met and what
needs to be met.
Mr. Crawford:
This is my son Luke.
Mr. Luke Crawford: Would wood working and craft artisan work?
Mr. Horan:
I think it would probably work.
Mr. Luke Crawford: Building cabinets
Mr. Casella:
Does retail sales or services stretch the rules?
Mrs. Roberti:
He is not selling the stuff out of the trailers.
8
Town of Wappinger
Zoning Board of Appeals
Mr. Casella:
Mrs. Roberti
Mr. Horan:
Mr. Crawford:
Mr. Johnston:
Mr. Crawford:
Mr. Johnston:
Mr. Crawford:
Mrs. Roberti:
Mr. Horan:
Mr. Prager:
Mrs. Roberti:
Mr. Prager:
Mrs. Rose:
Mrs. Roberti:
Mr: Prager:
Mr. Casella:
Mr. Johnston:
Mr. Prager:
Board:
April 26, 2012 Minutes
But he is storing stuff to sell.
He is just storing.
I think the craft artisans and wood working may work.
Chelsea Woodworking is my business. We do renovations. We are not
contractors.
Where do you do the drawings?
My house and my backyard and garage are where we do the building.
What is in the shed?
Pressure washer, some motorcycle parts, pumps jacks.
Do you have a map that precedes this one?
If we say this is a craft artisan and wood working business in a NB Zone
working out of the shed.
Get the time line in and come back May 8th I'm not going to make a
public hearing yet. As long as we are talking the court date can be
adjourned.
You can't wait for every. You need to get the information and bring it in
so Sue and get the copies to the board so they can review them.
Why don't we move it out to two meeting?
That would be May 22nd.
But try to get the information to us in the office by May 8th. So that would
give them a week and a half to review it.
Can I have a motion to go into executive session.
I make a motion to go into executive session for legal advice.
I second the motion
All in favor
Aye
9
Town of Wappinger
Zoning Board of Appeals
April 26, 2012 Minutes
After Executive Session:
Mr. Prager: Mr. Prager reads a letter from the Zoning Administrator concerning Sinclaire &
Kunzer. Did they submit a change of occupancy yet?
Mrs Roberti: I believe so. I was on vacation.
Mr. Casella: What do you consider as soon as possible? A month?
Mrs. Roberti: I asked Mark to sign off on it. With my letter I said consider this my signature.
Mr. Prager: With no further business I make a motion to adjourn.
Mr. Johnston-Motion to Adjourn
Mr. Casella-Second
All in Favor- Aye
Meeting ended: 8:50PM
Respectfully Submitted,
Susan Rose, Secretary
Zoning Board of Appeals
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