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2010-09-28ZONING BOARD OF APPEALS September 28, 2010 AMENDED ON SEPTEMBER 27, 2010 Agenda Town of Wappinger Zoning MEETING DATE: Septem~~ TIME: 7:30 PM Adjourned Pu Board of Appeals G°~C~C~[~OM[~D NOV O 1 2012 '~.n TOWN OF WpPPINGER Town Hall 20 Middlebush Road Wappinger Falls, NY Appeal No. 10-7424 I T~OV1,-N CLERK ~ Kenneth & Joan Kerrs :Seeking variances ~of Section 240-37 & 240-53 of District Zoning Regulations for R-20 Zoning. -Where an accessory apartment shall not exceed 35% of the gross floor area or 1000 sf of the principal residence, the applicant is proposing 1202 sf for the accessory apartment, thus requesting a 20% variance over the maximum allowed. -Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 16'6" feet, to allow for an expansion of an existing accessory apartment, thus requesting a variance of 3'6" feet. The property is located at 39 Carroll Drive and is identified as Tax Grid No. 6257-04- 867463 in the Town of Wappinger. Public Hearing: Appeal No. 10-7425 Adams Wappingers, LLC: Seeking variances of Section 240-29 (5) of District Zoning Regulations for HB Zoning. -Where No more than one temporary sign is permitted and shall not exceed 6 sa fz in area, whether it is for construction or sales. The applicant is proposing 2 temporary signs during construction, thus requesting a variance of 1 sign. -Where No more than one temporary sign is permitted and shall not exceed 6 sa fz in area, whether it is for construction or sales. The applicant is proposing 2 temporary signs of 36 sa. ft. during construction, thus requesting a variance of 30 sa. ft. for the signs. The property is located at 160 Old Post Road and is identified as Tax Grid No. 6157-04- 614375 in the Town of Wappinger. Appeal No. 10-7426 Friendly Motorcars: Seeking variances of Section 240-29 (5) & 240-27.1 (C) of District Zoning Regulations for HB Zoning. -Where No more than one temporary sign is permitted whether it is for construction or sales, The applicant is proposing 3 temporary signs during construction, thus requesting a variance of 2 signs. ZONING BOARD OF APPEALS September 28, 2010 -Where a temporary construction or sales trailer shall be permitted as a temporary accessory use to residential and nonresidential development projects, and a building permit shall be issued therefor, subject to the following condition. No more than one trailer, whether it is for construction or sales, is permitted per development project, or approved phase thereof. The applicant is proposing 6 temporary construction trailers, thus requesting a variance of 5 temporary trailers. -Where No more than one temporary sign is permitted and shall not exceed 6 sa fz in area, whether it is for construction or sales, The applicant is proposing 3 temporary sins: ls` sign is 32 sf and double sided for a total of 64 sf. 2"d sign is single sided and 32 sf.. 3r° sign is 16 sf and double sided for a total of 32 sf All three signs total 128 sa. ft. during construction, thus requesting a variance of 122 sg. ft. total for the signs. The property is located at 134 Old Post Road and is identified as Tax Grid No. 6157-04- 633403 in the Town of Wappinger. Discussions: Appeal No. 10-7427 Richard Finnerman: Seeking a variance of Section 240-29 (5) of District Zoning Regulations for GB Zoning. -Where No more than one temporary sign is permitted and shall not exceed 6 sa. f~ in area, whether it is for construction or sales, The applicant is proposing a temporary "For Lease" sign of 24 sa. ft., thus requesting a variance of 18 sa. ft. for the sign. The property is located at 1515-1525 Route 9 and is identified as Tax Grid No. 6158-04- 572057 in the Town of Wappinger. Appeal No. 10-7428 Stage Door Furniture: Seeking variances of Section 240-29 (5) of District Zoning Regulations for HB Zoning. -Where No temporary sign shall exceed 6 sa. fz in area, whether it is for construction or sales, the applicant is proposing (2) temporary signs of 240 sa. ft. each and (1) freestanding sign of 28 s.f., thus requesting a variance of 490 sg. ft. for the three temporary signs. -Where No more than one temporary sign is permitted on each street frontage the applicant is proposing (2) ttemporary wall signs and (11 temporary freestanding sign, thus requesting a variance of 2 temporary signs. The property is located at 1 Stage Door Road and is identified as Tax Grid No. 6156-02- 777824 in the Town of Wappinger. 2 Town of Wappinger Page 1 Zoning Board of Appeals Minutes of September 28, 2010 Town of Wappinger Zoning Board of Appeals September 28, 2010 Town Hall 20 Middlebush Road Wappinger Falls, NY Summarized Minutes -"~-~-J-~~--___ W ~ ~~``_-----_ Members: Mr. Prager, Chairman ~Q~~~ Mr. De1laCorte, Vice-Chairman Mr. McVeigh, Member NOV Mr. Casella, Member ~ ~ ZQ'~ TpwN CAF W'~P~'rN~ Members Absent: ___ T Q wN ~~,~R~ ~~ Mr. Kuzmicz, Member °~--~~.~-..,_,~_~ Others Present: Mrs. Dao, Secretary Mrs. Roberti, Zoning Administrator Mr. Horan, Town Attorney SUMMARY Ads ourned Public Hearing: Kenneth & Joan Kerrs -Variance Granted. Public Hearings: Adams Wappingers, LLC -Variances Granted. Friendly Motorcars -Variances Granted. Discussions: Richard Finnerman -Public Hearing on October 12`", 2010. MINUTES Stage Door Furniture -Public Hearing on October 12`h, 2010. Town of Wappinger Page 2 Zoning Board of Appeals Minutes of September 28, 2010 Appeal No. 10-7424 Kenneth & Joan Kerrs :Seeking variances of Section 240-37 & 240-53 of District Zoning Regulations for R-20 Zoning. -Where an accessory apartment shall not exceed 35% of the gross floor area or 1000 sf of the principal residence, the applicant is proposing 1202 sf for the accessory apartment, thus requesting a 20% variance over the maximum allowed. -Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 16'6" feet, to allow for an expansion of an existing accessory apartment, thus requesting a variance of 3'6" feet. The property is located at 39 Carroll Drive and is identified as Tax Grid No. 6257-04-867463 in the Town of Wappinger. ~~~~~ LSD Present: Denise Suraci -Architect for applic t NOV p 1 2012 Mr. Casella: Motion to open the public hearin TQwN OF I~/gppjNGE Mr. De1laCorte: Second the motion --..._._7-O R N ~LER Vote: All present voted aye. ---~-._K __ Ms. Suraci: We have cut the addition down by 9.5 %. Now we only need 2' 11" to the side yard and we have reduced the room sizes. Mr. Prager: Any questions from the board members? Mr. Casella: I thought you were going to take out the den? Ms. Suraci: The owners still want the den. Mr. Prager: Is there anyone in the audience with a question or comment. Mr. Fontana: Michael Fontana, 41 Carroll Dr. I'm a neighbor and I don't have a problem with the addition. Mr. McVeigh: Do you want landscaping there Mr. Fontana? Town of Wappinger Page 3 Zoning Board of Appeals Minutes of September 28, 2010 Mr. Fontana: I would like to see it properly landscapgFi~_ Mr. Prager: Anyone else? Hearing none. ~~~~ ~ o Mr. Casella: Mr. De1laCorte: Vote: Mr. McVeigh: Motion to open the public Second the motion All present voted aye. _-~a ~ AWN OF p r ~~~? ~`~T°~, w~P,~~ ~. ~' ~~~ NGFR Motion to grant the variances. They will not be ~k detrimental to the neighborhood. One is substantial and one is not. There will not be an adverse affect to the environment and this is self-created. Proper screening to be installed on the side property line. Mr. De1laCorte: Second the motion. Vote: All present voted aye. Mr. Horan: Let's get on the record that the office in this accessory apartment is due to a person having a handicap. Otherwise this sets a precedent for the future. Sothis variance is because of special circumstances involving a handicapped family member. Appeal No. 10-7425 Adams Wappingers, LLC: Seeking variances of Section 240-29 (5) of District Zoning Regulations for HB Zoning. -Where No more than one temporary sign is permitted and shall not exceed 6 sg. ft. in area, whether it is for construction or sales, The applicant is proposing 2 temporary signs during construction, thus requesting a variance of 1 sign. -Where No more than one temporary sign is permitted and shall not exceed 6 sg. fz in area, whether it is for construction or sales, The applicant is proposing 2 temporary signs of 36 sq. ft. during construction, thus requesting a variance of 30 sg. ft. for the signs. The property is located at 160 Old Post Road and is identified as Tax Grid No. 6157-04-614375 in the Town of Wappinger. Town of Wappinger Page 4 Zoning Board of Appeals Minutes of September 28, 2010 Present: Michael Augello -Construction manager for Adams Mr. Prager: Are the mailings in order? vim' Mrs. Dao: Yes they are. .~O ~ ~o Mr. De1laCorte: Motion to open the public hearing. ,~` ~ G ~l~ Mr. Casella: Second the motion. ,~~,.0,~` ~,t Vote: All present voted aye. ~` ~~ G~. `~°~ ~'~ ~~ ~ Mr. Augello: Gave overview of the needed variances. ~ .,~,~~ ,,'r" ~,f Mr. Prager: Will the signs be removed when the construction is clon . Mr. Augello: Yes. Mr. Casella: The road is steep there, will it be changed? Mr. Augello: Yes it will be changed and a traffic light installed. Mr. Prager: Were permanent signs approved ? Mrs. Roberti: Yes, they were approved at the PB. Mr. Prager: Is there anyone in the audience with a question or comment. Hearing none. Mr. Casella: Motion to close the public hearing. Mr. De1laCorte: Second the motion. Vote: All present voted aye. Mr. Casella: Motion to grant the variance for temporary signage. They will not cause any detriment to the neighborhood and are temporary. Mr. McVeigh: Second the motion Vote: All present voted aye. Town of Wappinger Page 5 Zoning Board of Appeals Minutes of September 28, 2010 Appeal No. 10-7426 Friendly Motorcars: Seeking variances of Section 240-29 (5) & 240-27.1 (C) of District Zoning Regulations for HB Zoning. -Where No more than one temporary sign is permitted whether it is for construction or sales, The applicant is proposing 3 temporary signs during construction, thus requesting a variance of 2 signs. -Where a temporary construction or sales trailer shall be permitted as a temporary accessory use to residential and nonresidential development projects, and a building permit shall be issued therefore, subject to the following condition. No more than one trailer, whether it is for construction or sales, is permitted per development project, or approved phase thereof. The applicant is proposing 6 temporary construction trailers, thus requesting a variance of 5 temporary trailers. -Where No more than one temporary sign is permitted and shall not exceed 6 sq. f~ in area, whether it is for construction or sales, The applicant is proposing 3 temporary signs: 1St sign is 32 sf and double sided for a total of 64 sf, 2"d sign is single sided and 32 sf., 3rd sign is 16 sf and double sided for a total of 32 sf. All three signs total 128 sg. ft. during construction, thus requesting a variance of 122 sg. ft. total for the signs. The property is located at 134 Old Post Road and is identified as Tax Grid No. 6157-04-633403 in the Town of Wappinger. Present: Jennifer Suite -For the Applicant (Michael Ostrow's Daughter) ~ ~~ ~~~~D Mr. Prager: Are the mailings in order? NOV O 1 212 Mrs. Dao: Yes they are. TOWN OF WApPINGER . WN CLERK Mr. Casella • Motion to open the public hearing. -_.._T~. - - -- _ - -.--.---. ------ Mr. De1laCorte: Second the motion Vote: All present voted aye. Ms. Suite: I am here seeking variances for multiple trailers and two temporary signs. Town of Wappinger Page 6 Zoning Board of Appeals Mr. Prager: What is the Claris sign for? Minutes of September 28, 2010 Mrs. Roberti: It is the name of the contractor. Mr. Horan: The signs requested are due to the construction set to begin. They convey who is on the site with contact information for the engineering. Ms. Suite: There is an emergency telephone number listed on the sign. Mr. Prager: Is there anyone in the audience with a question or comment. Mr. Zorillo: William Zorillo, 17 Beechwood Circle. Is it 6 more trailers for storage? Ms. Suite: It is seven total. They may be used for an office or storage. Mr. Prager: Will there be additional signage? Ms. Suite: Only what was approved on the plans. Mr. Zorillo: Will the trailers be in the back? My house backs up to this property. Ms. Suite: I can make sure the trailers stay on the south side. Mr. Prager: How long will the construction take? Ms. Suite: Hopefully they will be done by next summer. Mr. De1laCorte: Mr. Casella: Vote: Motion to close the public hearing. Second the motion All present voted aye. G°~[~GG'COMCD NOV p 1 2012 TGWN OF WAPPINGER ~+C~~~' °~1 CLERK Town of Wappinger Page 7 Zoning Board of Appeals Minutes of September 28, 2010 Mr. DellaCorte: Motion to grant a variance for 6 additional temporary construction trailers and three temporary signs for the construction phase. This will not be detrimental to the neighborhood, is self-created but is temporary. Mr. Casella: Second the motion. Vote: All present voted aye. Appeal No. 10-7427 Richard Finnerman: Seeking a variance of Section 240-29 (5) of District Zoning Regulations for GB Zoning. -Where No more than one temporary sign is permitted and shall not exceed 6 sA. fz in area, whether it is for construction or sales. The applicant is proposing a temporary "For Lease" sign of 24 sg. ft., thus requesting a variance of 18 sg. ft. for the sign. The property is located at 1515-1525 Route 9 and is identified as Tax Grid No. 6158-04-572057 in the Town of Wappinger. Present: Sam Finnerman - Brother of property owner Mr. Finnerman: We are looking for a temporary sign in order to market the property. Pizza Hut will be leaving as of March 2011 and we would like to start now looking for a tenant. Mr. Prager: When do you want the sign up? Mr. Finnerman: ASAP. Mr. Prager: How long will the sign be up, it could take years to lease the property. Mr. Finnerman: I don't think it will take that long. 0 p z ~ Mr. Casella: Where will it be? ~ ~ Mr. Horan: i~~ ~ Part of this property is actually in the Village o~z ~ o ~ Wappingers. ~ ~ ~ '~ r ' -r~ o ~ _ T I /~ ~ (V ~ ~ rn Town of Wappinger Page 8 Zoning Board of Appeals Minutes of September 28, 2010 Mr. Prager: Can there be a stipulation of time for the sign. Mrs. Roberti: Mr. Horan: Mr. Prager: Mr. Finnerman: According to 240-29 (5) the sign can be up no longer than 6 months. They can renew the sign. We will set Thank you. Appeal No. 10-7428 Stage Door Furniture: Seeking vat Zoning Regulations for HB Zoning. ' c o er 2, 2010. G3CC~(~pMC D NOV O 1 2012 TOWN O~ WAPPIIVGER iance~~ti-~~~TM~-t5) of District -Where No temporary sign shall exceed 6 sg. f~ in area, whether it is for construction or sales, the applicant is proposing (2) temporary signs of 240 sq ft. each and (1) freestanding sign of 28 s.f., thus requesting a variance of 490 sg. ft. for the three temporary signs. -Where No more than one temporary sign is permitted on each street ronta e the applicant is proposing (2) temporary wall signs and (1) temporary freestanding sign, thus requesting a variance of 2 temporary si ns. The property is located at 1 Stage Door Road and is identified as Tax Grid No. 6156-02-777824 in the Town of Wappinger. Present: Jed Ackerman -owner of property and business. Mr. Ackerman: I am requesting two temporary signs to help while we close the store and move to my Pawling location. I would like them up for 75 days. Mr. Casella: We have seen many of your going out of business signs in the past. Mr. Prager: Why 75 days? Mr. Ackerman: We will be closing the store by the end of the year. Town of Wappinger Page 9 Zoning Board of Appeals Minutes of September 28, 2010 Mr. Beale: As a councilman for the town, I have received many calls about all your signs stating your going out of business. Including you putting signs up and down Route 9. Mr. Ackerman: I don't do that. Discussion continued between Mr. Beale and Mr. Ackerman. Mr. Prager: I want a site inspection on this Saturday. Your public hearing will be October 12`h, 2010. Mr. Ackerman: Thank you. Mr. McVeigh: Motion to adjourn. Mr. DellaCorte: Second the motion Vote: All present voted aye. Meeting ended at 9:00 PM G3CC~CaMCD NOV O 1 212 Susan Dao, Acting Secretary Town of Wappinger Zoning Board Respectfully submitted, Barbara Roberti, Zoning Administrator July 18, 2012 TOWN OF WApPINGER ~I"QWIV i.LERK__