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1981-01-13The regular meeting of the Zoning Board of Appeals of the Town of Wappinger was held on Tuesday, January 13th, 1981, beginning at 8:00 p.m., at the Town Hall, Mill Street, Wappingers Falls, New York. Members. Present: Carol A. Waddle, Chairperson Charles A. Cortellino Joseph E. Landolfi Donald McMillen - arrived at 8:15 p.m. Howard Prager Others Present: Hans R. Gunderud, Bldg. Inspector/Zoning Admin. Betty -Ann Russ, $ecretary The meeting was called to order at 8:00 p.m.. Mrs. Waddle then asked if the abutting property owners and the appellants had been notified. The secretary replied that the appellants and abutting property owners had been notified according to the records available in the Assessor's office. Mrs. Waddle then explained that it was the precedure of the Board to hear all the appeals and give everyone present an opportunity to be heard, it is asked that they give their names and addresses for the record, the Board then takes a short recess and then reconvenes at which time they may or may not render a decision on each appeal. PUBLIC HEARINGS: Appeal #518, at the request of Stephen Wilantewicz, seeking a variance of Article IV, Section 416.73 of the Town of Wappinger Zoning Ordinance, to permit a free standing sign at a closer setback than permitted from the front yard line on property located on 280 New Hackensack Road, being parcel # 6259-03-435163, in the Town of Wappinger. The Chairperson read the legal notice. No one was persent to be heard and the Appeal was tabled until later. Appeal #519, at the request of Joseph Zeller, seeking a variance of Article IV, Section 422 of the Town of Wappinger Zoning Ordinance, to permit a mobile home to remain as a caretakers cottage in a district that does not allow mobile homes or residential uses on property located on Maloney Road, being parcel # 6259-02-840815, in the Town of Wappinger. Zoning Board of Appeals -2- The Chairperson read the legal notice. January 13th, 1981 Mr. Joseph Zeller was present and asked that the Board ask questions regarding his Appeal. Mr. Prager asked how long the trailer had been on the propefty. Mr. Zeller replied that the trailer had been there for three or four months. Mrs. Waddle asked what the purpose of placing the trailer on the property was. Mr. Zeller replied that he intended to have one of his sons living in the trailer. Mr. Landolfi asked the size of the trailer. Mr. Zeller replied that the trailer was 12' X 651. Mr. Prager inquired as to the size of the property. Mr. Zeller stated that he owned approximately 24 acres. Mrs. Waddle asked if the mobile home could be seen from the road, �r commenting that she had not been able to find it. Mr. Zeller replied that it could not be seen and was in fact located 300 feet from the road. He then described the outlines of his property adding that there was a double screening of pine trees to hide the trailer from view, and that the only adjoining property that could see the trailer is the apartment house. Mrs. Waddle then read the Dutchess County Department of Planning's recommendation to disapprove the Appeal adding that it was their feeling that the matter should be taken to the Town Board for a Zoning Amendment to change the land use. . Mrs. Waddle then asked if the mobile home was new or used and if there was a specific length of time that Mr. Zeller would need the mobile home. Mr. Zeller replied that the mobile home was used and that his son, who is divorced, would be living there. Also that the sons' two chUften were also there on weekends. The Chairperson asked if the Board had any further comments. No one had any comments or questions. The hearing was closed at 8:10 p.m.. Zoning Board of Appeals -3- January 13th, 1981 Appeal #520, at the request of Edwin B. Niemck, seeking a variance of Article IV, Section 421 of the Town of !Wappinger Zoning Ordinance to permit an auto repair and parts business on residential property located on Old State Road, being parcel ## 6057-04-744305, in the Town of Wappinger. The Chairperson read the legal notice. Mr. Edwin Niemcyk was present and informed the Board that he had lived on this property for approximately the last 14 years, during which time his father had operated Jack's Auto Body on Rt. 9-D. Since his father's retirement a year ago, when the business property was sold, he has been operating a small auto repair and welding business in the barn. He stated that cars had been stored on the property for as long as they have had it, at times numbering as many as 30 or 40 cars. At present he has approximately 10 cars left which will be dismantled and removed and that there will be no more junk cars stored on the property with the exception of wrecked cars which would be towed in, but would be disposed of within a matter of a few weeks. The present barn would be used for the shop, and with the exception of a small trailer used for parts storage, there would be no changes made to the property. The auto repair business is his livelihood and he has no intention of doing anything which would,be detrimental to his neighbors. Mr. Cortellino commented on Mr. Niemcyk's letter stating that his wife comld help him with the bookkeeping if the business was conducted from his home and asked if it was necessary that this work be done on the same premises as the business. Mr. Niemcyk replied that his wife also assisted him in other ways. Mr. Cortellino then asked if it were possible for his wife to be away from home during the day, if in fact, the children weren't in school most of the day. Mr. Niemcyk replied that it was possible for his wife to be absent from home. Mr. Cortellino then asked if it was not then possible to locate the business elsewhere. Mr. Niemcyk replied that he would then have the additional expense of buying or leasing more property and of travel back and forth. He also pointed out that large parcels suitable for this purpose are not available in this area. Mrs. Waddle then asked if there was a right-of-way into his property from Old State Rd. and how wide the road was. Mr. Niemcyk replied'�that there was a right-of-way, a 20 foot wide road leading to his property which was also his residence. Zoning Board of Appeals -4- January 13th, 1981 Mrs. Waddle then asked how long he had been fixing cars on this property. Mr. Niemcyk answered that he had been repairing cars as a 1'censed business since last February, but that repairs had been conducted there for years. Mrs. Waddle Oen asked Mr. Niemcyk if he was aware that this was illegal when he started it. Mr. Niemcyk replied - more or less. Mr. Landolfi asked about the possibility of signs and of advertising. Mr. Niemcyk replied that there would be no signs or advertising, that he has his won clientele. The Chairperson asked if there was anyone present to speak against this case. Mr. Joseph Townsend of Wheeler Hill Road addressed the Board saying that he opposed this Appeal because of the following reasons. 1. Granting of this Appeal would serve no public interest. 2. That this business, -.,in this area, would create a depreciation of value to the surrounding properties. 3. That there are enough business'of this nature nearby and that there is no need for another. Mr. Edward Cooper, Wheeler Hill Road, whose property is adjacent to Mr. Niemcyk said that he was opposed because there would be no assurance that in the future this business would not be expanded or turned into a large junk yard. Dr. Paul Garell, Wheeler Hill Road said that his property adjoins the property of Mr. Niemcyk, and that he is within eyesight of the house and barn.. He is opposed to a full time repair business at this location and sighted the fact that this area is zoned R-80 and one of the higher class residential areas in the Town, and it would be objectional to the property owners to have a repair business located there. Mr. McMillen asked Dr. Garell how long he had lived at the Wheeler Hill property. Dr. Garell replied that he had lived there for 14 years. Mr. McMillen then asked if he had ever seen 50 or 60 cars on Mr. Niemcyk's property. Dr. Garell replied that he had seen no more than ten cars at a time, and that they were not objectional because they were across Zoning Board of Appeals -5- January 13th, 1981 the field approximately 500 to 1000 feet -from the house, but would object to a permanent full time business that could be passed on to the next buyer. Helen Fuimarello of Wheeler Hill Road stated that she had lived there for 21 years, coming here for the sole purpose of having country living, and that she and her neighbors have purchased acreage and paid the taxes with this thought in mind and does not believe that a commercial establishment should be in this area. Mrs. Waddle then read a letter from the Dutchess County Department of Planning in which they recommend that the Zoning Amendment process would be more applicable than granting a variance and therefore suggests that the Appeal be disapproved. Mr. Ralph Hancock, a resident of Tall Trees development addressed the Board, stating that he was in favor of Mr. Niemcyk's business in view of the fact that Mr. Niemcyk had such a large property and felt that stipulations could be made to prevent it from becoming a junk yard and that the property be well kept, and trees be planted for screening. Mr. Alfred Weston also a resident of Tall Trees, told the Board that he had had occasion to visit Mr. Niemcyk's property last Fall, and that he was impressed with the neatness of the buildings and the grounds and is in favor of allowing the business to continue. Mr. McMillen then asked Dr. Garell if Mr. Niemcyk had cars on the property 14 years ago when he came to the area. Dr. Garell replied that the land was vacant at that time and was in fact owned by someone else. Mr. Niemcyk then made a final statement saying that he would positively get rid of all the cars and would not allow any junk cars in the future with the exception of the wrecked cars that would be towed in with plates on them, but that these cars would only stay for so many days before being removed. The hearing was closed at 8:37 p,m.. The Chairperson then asked if there was anyone present to speak with regard to Appeal ##518. No one was present. The Board then recessed at 8:37 p.m. and reconvened at 9:10 p.m.. Zoning Board of Appeals -6- January 13th, 1981 With regard to Appeal #518, at the request of Stephen Wilantewicz, a motion was made by Mr. Cortellino, that the requested variance be denied on the grounds that denial will not create a hardship for the individual. The motion was seconded by Mr. Landolfi. Motion Was Unanimously Carried By Those Members Present With regard to Appeal #519, at the request of Joseph Zeller, a motion was made by Mr. Landolfi, that the requested variance be disapproved on the grounds that the property in question is being utilized for the purpose it was originally intended and recommend that six (6) months be allowed for the trailer to be removed and further, if the variance had been granted this would have allowed a land use which is not allowed unless a change is permitted by Zoning Ordinance amendment. The motion was seconded by Mr. McMillen. Motion Was Unanimously Carried By Those Members Present With regard to Appeal #520, at the request of Edwin B. Niemcyk, a motion was made by Mr. Prager, that the requested variance be denied because a variance of this type would allow a land use which is not allowed by the present Zoning Ordinance, the property is being presently used as a residential property use for which it was originally intended and further, recomment that the Appellant try for a Zoning Ordinance amendment and that six (6) months be given'ro close the business. The motion was seconded by Mr. McMillen. Motion Was Unanimously Carried By Those Members Present With regard to Appeal #493, at the request of Hans R. Gunderud, a motion was made by Mr. McMillen to table for further action by the Town Board. UNFINISHED BUSINESS: Appeal #515, at the request of Herbert K. Lea, seeking a special use permit pursuant to Article IV, Section 430 of the Town of Wappinger Zoning Ordinance, to permit him to establish a place of worship, including a parish house and religious school as permitted by Section 421, Paragraph 4 of the Town of Wappinger Zoning Ordinance, on property located on All Angels Hill Road, consisting of 4.2 acres, being parcel # 6258-04-594428, in the Town of Wappinger. The Chairperson read the legal notice. Mr. Herbert Lea was present and addressed the Board. He explained that he was back again to ask that the special use permit be issued contingent upon being able to obtain a proper entrance to the property Zoning Board of Appeals -7- January 13th, 1981 and one satisfactory to the County Planning Board. As of the present date, they cannot get the property to permit an entrance from Old Meyers Corner Rd., but that the situation could change. After some discussion by the Board concerning access to the property from All Angels Hill Rd., a motion was made by Mr. McMillen to table this application until information is received from the Dutchess County Department of Public Works. The motion was seconded by Mr. Cortellino and carried by the Board. The Board then heard comments from the floor. Mr. Joseph Lutri, 143 All Angels Hill Road informed the Board that he could not see the necessity of another place of worship since there were already six within '.the radius of a mile. Also, it would create a traffic hazard if the access were to be on All Angels Hill Road since it is impossible tb have a clear view of the traffic from the Hayes property driveway. Mrs. Joseph Lutri then commented that she had been hit once coming out of.the driveway and nearly missed being hit on two other occasions. Mr. Vincent Valentino of 144 All Angels Hill Road told the Board that although the traffic light was visible from Mr. Lutri's driveway, by the time his driveway was reached, that there was no way to see up the road or see the traffic light due to a dip in the road along that section. He observed that it was a very dangerous traffic situation. Mr. Bob Silvestri of 140 All Angels Hill Road also told the Board of the lack of visibility along this section of road. Mrs. Kay Valentino asked the Board if the special permit would be issued without another hearing. Mrs. Waddle explained that this request had been tabled for the present time. Mrs. Lutri then told the Board that she objected to another church or school in the area because of the effect upon the tax base of the Town in addition to the traffic hazard. The Board then explained that the tax question was not within the jurisdiction of the Zoning Board and that if the people objected to the number of churches within the immediate area, that they should go before the Town Board to ask for a Zoning Amendment to limit the ,r number. Zoning Board of Appeals -8- January 13th, 1981 Mr. Herbert K. Lea then told the Board that at present, they only have Sunday School and that there are no plans at the present time to have a regular school. A speaker from the floor voiced concern over the effect that another concentration of people would have on his well. Mr. Gunderud explained that an Envirmental Statement had been submitted with the application and had been reviewed by the Planning Board and that any septic and water would have to be reviewed by the County Board of Health. Mrs. Waddle again noted that this action has been tabled. Mr. Zeller then came forward and the Board explained their decision. NEW BUSINESS: Salvator Rega - Request for a rehearing on a previously denied variance - Appeal #512. Mr. Salvator Rega was present and read a statement giving the reasons why he wishes his Appeal to be reheard. There was a question as to the width of the right-of-way and whether one or both lots would be undersized. Mr. McMillen then made a motion, seconded by Mr. Landolfi, to rehear the case. The motion was unanimously carried. A motion was made by Mr. McMillen, seconded by Mrs. Waddle, to adjourn the meeting. Motion Was Unanimously Carried By Those Members Present The meeting was adjourned at 9:55 p.m.. Respectfully submitted, (Mrs.)/ Betty -Ann Russ, Secretary Zoning Board of Appeals