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1981-05-12The regular meeting of the Zoning Board of Appeals of the Town of Wappinger was held on Tuesday, May 12th, 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 Mc Millen Members Absent: Vacancy on the Board Others Present: Betty Ann Russ, Secretary Mrs. Waddle asked if the abutting property owners and the appellants had been notified. The secretary replied that the appellants and abutting property owners according to the records available in the Assessor's office had been notified. Mrs. Waddle then explained that it was the procedure 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 the Beard may or may not render a decision on each appeal. PUBLIC HEARINGS: Appeal ## 536, at the request of Gary and Elizabeth Mensching, seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to permit a proposed garage addition to be located within eight feet of thein sideyard setback, at a lesser setback than required on 4 Split Tree Drive, being parcel ## 6158-02-950566, in the Town of Wappinger. Mrs. Waddle read the legal notice. Mr. Mensching noted that he lived at 4 Spl t Tree Drive and the appeal was being made to extend a single garage to a two car garage, to protect the cars, most homes in the neighborhood have two car garages and feed: we are entitled to the same. Zoning Board of Appeals -2- May 12th, 1981 Mrs. Waddle then asked if the proposed addition would be seven feet. Mr. Mensching replied yes, this was the minimum width on a garage. Mrs. Waddle then asked about the extension in the back. Mr. Mensching noted that he was extending his storage area in the back, for mowers and freezer. Mr. Mc Mc Millen noted that he had looked at it todwy, eight foot is narrow. Mr. Mensching replied that he was told the zoning was ten feet. Mr. Landolfi noted that in this area fifteen feet is the required setback. Mr. Mensching noted that he was told ten feet, would be eight foot. It was noted that the setback for accessory structures would be ten feet but that the attached gara4e mould have to be fifteen feet from the lot line. Mr. Landolfi then noted that there are some homes in the area with two car garages, some are and some are not. Mr. Mensching commented that he felt that about ninety percent were and the appearance of the neighborhood is better with the cars away. Mr. Landolfi then asked Mr. Mensching how long he had lived there. Mr. Mensching replied eleven years, family has grown, has doubled. Mr. Landolfi then noted that he was'familar with the property. Mrs. Waddle then asked if there was anyone present who wished to be heard for or against the Appeal. No one present wished to be heard. ip The hearing was closed at 8:07 p.m. Zoning Board of Appeals -3- May 12th, 1981 Appeal # 537, at the request of John J. Fiore, Sr., seeking a variance of Article IV, Section 421, permitted accessory uses, paragraph 5 of the Town of Wappinger Zoning Ordinance, to permit a boat and trailer to remain to be stored at a lesser setback than required, on property located on 10 Gold Road, being parcel # 6258- 04-817461, in the Town of Wappinger. Mrs. Waddle read the legal notice. Mr. John J. Fiore, Sr. was present and noted that he has owned the property since 1961, the house was built in 1962 and the driveway was established, there was no zoning in effect, the driveway was established and the design of the house used the side so it had to be 30 to 35 feet, purchased the boat in 1967 and stored it there until the present day, in order to utilize the garage the 10oat had to be stored there since 1967, now there is a complaint, don't know if the setback is enforced, they lived in the dame location and now have made a complaint. He added that he would like to enter information regarding the zoning violation, it talks about suitable screening, have tam pictures which do show the boat and feel it is properly screened and doesn't create an eyesore to any other property in the area, that is only reason for the Appeal. Mr. Landolfi then asked where the boat was stored in the winter. Mr. Fiore replied in the same location, cover it, the end of the drive has a drop, that is why it is stored there, if on other side would have to move shrubs. Mr. Landolfi then asked how often the boat was used. Mr. Fiore replied last year not -asciauch, usually several times a season, member of the New Hamburg Yacht Club, don't leave the boat in the ricer. Mrs. Nancy Mc Closkey then asked who complained and that there is a dump on her property, live at 16 Park Street but own property on ":Gold Road and people dump there, am trying to clear it and get a building permit. Mrs. Waddle then asked if there was anyone present who wished to speak for or against the appeal. Mr. Peter Hennet of 12 Gold Road noted that he had made the complaint, went away in October and found t#at his bushes had been „r cut and the boat was moved into the property three feet, cut these shrubs and moved the boat. He added that he had his property surveyed and had pictures of how far the boat was in on his property and had asked Mr. Fiore to move the boat and received choice comments from him, asked twice and still nothing happened, had to get nn attornev. Zoning Board of Appeals -4- May 12th, 1981 Mrs. Waddle then asked about the fence. Mr. Hennet replied he put it up and contacted the zoning office, the bushes are mine, isYmy property, put the boat on his drive or his property, don't want it on mine and what will the variance entail, how much would be varied, what lines are affected, used to be parked in the back, there is plenty of room, don't see where we have to'crowd the property. Mr. Hennet then presented his ghatns to the Board. Mrs. Waddle then asked about the survey. Mr. Hennet replied that it was on file in the County Clerk's office. Mr. Mc Millen then asked if this survey corresponded with Mr. Fiore. Mr. Hennet replied that it corresponded with the original stakes, put a line down and every fifty feet had pegs put in. Mr. Fiore noted that he was,having his property surveyed, have engaged the original surveyor. Mr. Mc Millen then commented that he didn't think the Board could do anything until the property line is resolved. Mr. Cor-t,%Uino noted that the Board would need a property line determination. Mr. Hennet then commented that whatever surveyor Mr. Fiore gets it will be close and that his had been picked up from the map and from a bench mark. Mr. Fiore noted that he had his survey coming. Mr. Cortellino then asked what was the height of the boat. Mr. Fiore replied that it was an eighteen foot fiberglass, need a car to pull, 10" wheel trailer. Mrs. Waddle asked if there was anyone else to be heard. Zoning Board of Appeals -5- May 12th, 1981 Mr. Eugene Acree- of 14 Gold Road asked if the Board can't make a decision because of the property line dispute. Mr. Cortellino replied that the Board would have to know before they could make a determination. Mrs. Waddle added that according to the Zoning Ordinance Mr. Fiore needs ten feet. Mr. Cortellino.added that in the past there have been prblems on surveys, have had differences. Mr. Acree noted that the shrubbery had been cut, don't think he had the right to cut the shrubs. Mrs. Waddl6 noted that the boat had been stored since 1967 but in the fall changed,;that is what the dispute is about. Mr. Cortellino added that it was customary to ask for a survey, insist where there is a problem, the Board couldn't grant a variance until the survey is made. Mrs. Waddled added that the Board must know where the lot line is. Mr. Fjcxxeadded that this would be in litagation, have attorney, Rosen and Rosen and Van De Water and Van De Water involved. 'Mr. Cortellino then asked what would be a reasonable time to get the survey done. Mr. Fiore noted that he had engaged the surveyor who did the original survey, don't know when. Mr. Landolfi noted that he thought there should be a time table. Mr. Cortellino then suggested that the matter be tabled for two months and that both surveys then be submitted to the Board and would make this a motion. Mrs. Waddle noted that this would allow Mr. Fiore two months to have a survey made. Mr. Landolfi then seconded Mr. Cortellino's motion. The motion was carried by those members present. Zoning Board of Appeals -6- May 12th, 1981 Mrs. Waddle then noted that the appeal had been tabled for two months and the secretary would notify both parties. Mr. Mc Millen then asked if it would be possible to move the boat over somewhat until a determination is made. Mr. Fiore noted that he had moved it to allow Mr. Hennet to put the fence up. Mrs. Waddle also suggested that the LboaEt might be moved over. Mr. Cortellino noted that the comp4tant had been made when the boat had been moved closer. Mr. Fiore replied that he had pruned the forsythia; thought I was doing him a favor. Mrs. Waddle noted that the Board would like to see this resolved and the survey should be done within two months. No one else present wished to be heard. The hearing was closed at 8:35 p.m. NEW BUSINESS: Raymond & Theresa Langer - Request for a rehearing to permit them to erect a 20' by 30' attachedg1w4ppe within eleven feet of their sideyard lot line where twenty feet is required on property located on 4 Russett Lane, in the Town of Wappinger. The secretary noted that the Zoning Administrator had said that Mr. W61fsori11s office had called him and advised that they could not be present. The Board took no action on the request. UNFINISHED BUSINESS: Appeal ## 534, at the request of the Nycrest Corporation for the Handy Stop Food Shop. The secretary noted that at the last meeting the Board had requested that the appellant supply a drawing of the sign and indicate its proposed location. Mr. Norman Johansen was present and noted that Mr. Robert Cappelli of Cappelli Erectors could advise the Board on what was planned. Zoning Board of Appeals -7_ May 12th, 1981 ign Mr. Cappelli noted that the swound with yellow letters, h Food Mart, it will have an orange backg +` it is the registered trademark, will have a plastic face and be internally lite. Johansen noted that it would be 3' by 10', present signs Mr. signs on the side and the were 3' by 12' and also had existing front of the building, hope to get a variance to mount one sign, can't see feel we have a problem with setback and the sa pob able sign there until right on tmp of the business, there is a p nt sign will bmore wl w and feel the permanee Convenientctiverood, now sends be advertising thru the mailer that t out rather than advertising specials on the sign. elli noted that they are trying to cut down on visual Mr. Capp .pollution, this sign does generally conform. Mr. Johansen noted that south of the hstore ere there uld beare no several ing visual other pole signs or fluorropose�would would be with what pollution, feel what we P P is in the area. at 8:45 p.m• and reconvend at 8:55 P.M. The Board recessed of Elizabeth. and Gary With regard to Appeal # 536, at the request Mensching, a motion was made by pect rnbelfi, that requestedatolon be verify the tabled and that the Building Insp proper footage and reppond back to the Board for the June meeting. pro Pelino The motion was seconded by Mr. CortMlotion•was Unanimously Carried By Those Members Present Appeals # 533 (New Hackensack Pharmacy) and With regard to App Mc Millen, # 535 (Arnold's Health Food Store), a,motion was made by Mr. that variances be granted tg permit .window sig1°e„to--remain for a of six months. Themmotion was seconded r.dCarried period Motion Was Unanimously By Those Members Present st With regard to Appeal # 534, at the request of trantcae gvariance to g Corporation, a motion was made by Mr. foot free-standing rsignito,be erected at a to permit a 32 square curb with setback of at least fifteen feet from thesigns be removed. that pulation the temporary rsigns and the building motion was seconded by Mr. Mc Millen. Carried Motion Was Unanimously By Those Members Present Zoning Board of Appeals -8- May 12th, 1981 A motion was then made by Mr. Mc Millen, seconded by Mr. Cortellino, to adjourn. Motion Was Unanimously Carried By Those Members Present The meeting was adjourned at 8:57 p.m. Respectfully submitted, (Mrs) Betty -Ann Russ, Secretary Town of Wappinger Planning Board M.