Loading...
1981-10-13The regular meeting of the Zoning Board of Appeals of the Town of Wappinger was held on Tuesday, October 13th, 1981, beginning at 8:00 p.m., at the Town ffall, Mill Street, Wappingers Falls, New York. Members Present: Carol A. Waddle, Chairperson Charles A. Cortellino Joseph E. Landolfi G. George Urciuoli Members Absent: Donald Mc Millen Others Present: Hans R. Gunderud, Bldg. Inspector/Zoning Admin. Betty -Ann Russ, Secretary Mrs. Waddle asked if the abutting property owners and the Ap-pel41aht-o-s 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 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 name and address for the record, the Board then takes a short recess and then reconvenes at which time the Board may or may not render a decision on each appeal, the public is welcome to stay or they may call the secretary in the morning. PUBLIC HEARINGS: Appeal ## 560, at the request of Russell Betters, seeking a Special Use Permit pursuant to Section 422 of the Town of Wappinger Zoning Ordinance to operate a transmission repair business on property located on Old Route 9, being parcel ## 6157-04-630435, in the Town of Wappinger. Mrs. Waddle read the legal notice. Mr. Russell Betters was present for the Appeal. Mrs. Waddle then asked Mr. Betters what he planned to do. Mr. Betters replied that his partner Dr. Schaefer and himself planned to put up a metal building for an Aamco transmission business. He then referred to the said plans noting the proposed building design, the proposed sign and its location and that they would want a variance to move the sign. Zoning Board of Appeals -2- October 13th, 1981 Mrs. Waddle commented that Mr. Betters would have to apply for a variance separately, this application is for the Special Use Permit. Mr. Betters then referred to the building plan noting that in the front there would be six garage doors, office space and would have a flat roof and that the proposed sign on the building would be less than the permitted 100 square foot maximum. It was noted that the building plans would have to be reviewed by the Fire Prevention Bureau. Mrs. Waddle then asked if there was anyone present who wished to be heard. Mrs. Alice Robylack of Beechwood Circle commmented that she lives directly behind the property in question and the back of this property is a swamp six to seven months of the year, concerned about our wells, what type of a septic is proposed and what kind of waste materials will be discharged. Mr. Betters replied that there would be no transmission fluid emitted, have a furnace system which burns this, would be a standard septic design, it is quite an elaborate system and has to be approved by the Dutchess County Department of Health. He added that the front half isbonvdl4rme way and the back is zoned another, can't use the back. Mrs. Robylack asked about the drainage in the back. Mrs. Waddle noted that any work to be done would have to be approved by the Health Department and the Engineer to the Town. Mrs. Robylack then asked about the proximity of the septic to the wells and her concern about this. Mrs. Waddle then advised Mrs. Robylack to contact the Dutchess County Health Department and they would be able to give her information about this. Mr. Betters commented that there has to be a 300 foot minimum and the waste oil tank material will be burned in the furnace, therg would be no discharge of this material into the septic system. Mrs. Robylack then asked about the building location. Mr. Betters then spread the site plan on the tableland explained the location of the proposed building. Zoning Board of Appeals -3- October 13th, 1981 Mrs. Waddle noted that the transmission business was proposed, one principal use permitted. Mr. Betters noted that there were two different zones on the property, believed in the back it is residential, maybe would put a house up in the back later. Mrs. Robylack noted that she was concerned about the water situation, drainage and a junk yard appearence. Mrs. Waddle noted that the water concerns should be -addressed to 'the County Hearth .Depa[rtment;.r ,, ,,, _ -- :, 1. Mrs. Waddle then asked if there was anyone else present who wished to be heard. No one else present wished to be heard. The hearing was closed at 8:10 p.m. Appeal # 567, at the request of d seeking a ` hearing for a variance of Article IV, Section 412 of the Town of Wappinger Zoning Ordinance, to allow for the issuance of a building permit on a lot which will not have the required legal road frontage, on property located on Johnston Lane, being parcel # 6256-01-490759, in the Town of Wappinger. Mrs. Waddle read the legal notice. Mr. Har©ld Price was present and noted that he was seeking a variance and that the Board could grant this in cases due to extreme hardship and that if he did not get the variance it might be necessary for him to sell his home, went to quite an expense on the septic system, owe money and noted that the Board had been sent a financial statement, what is a hardship, the last time the Board suggested that he get together with his neighbor tp pave the road, this would be about a $50,000 expense, there is a sincere real hardship and would like the Board to consider this, concerned about my family, like this area and would hate to have to sell, ask that the Board look at his invest- ment, building would not take away from the area, the lots are all larger than required, this would enable us to balance our budget, the Cedar Hill area is desirable. Zoning Board of Appeals -4- October 13th, 1981 Mrs. Waddle noted that the Board had received copies of the financial statement and this information would not be divulged. Mrs. Waddle then asked if there were any other questions and did anyone wisheto be heard. There were no further questions and no one present wished to be to be heard. The hearing was closed at 8:13 p.m. Appeal ## 568, at the request of Arthur Eichler, seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to permit the subdivision of a lot that would result in a lot being 85 feet wide where 100 feet is required and Article IV, Section 412 to allow for the establishment of a lot with 15 feet frontage where.25 feet is required on property located on Route 9D, being parcel ## 6057-04-930352, in the Town of Wappinger. Mrs. Waddle read the legal notice. Mr. Eichler noted that they were requesting a fifteen foot right of way rather than twenty-five feet, and wanted to sell a half acre and there was no zoning in effect when the property was purchased and would like to keep the lot at 85 feet feet also, this would keep it further wry. Mrs. Waddle then asked about the other lot Mr. Eichler owned. Mr. Eichler replied that he would keep this, don't plan to build there. Mrs. Waddle then asked if there were any questions. There were no questions and no one else present wished to be heard. The hearing was closed at 8:15 p.m. Appeal # 571, at the request of Central Hudson Gas and Electric Corporation, seeking a Special Use Permit pursuant to Article IV, Section 421, paragraph 14 of the Town of Wappinger Zoning Ordinance, for a substation to be located on property now or formerly Mary E. Humeston, parcel # 6258-03-376432 and overhead transmission lines on parcels numbered 6258-01-219803, 6258-01-325728,and 6258-03-376432, in the Town of Wappinger. Zoning Board of Appeals -5- October 13th, 1981 Mrs. Waddle read the legal notice. Mr. Paul Feeney of 10 Edmond Road of the Town of Poughkeepsie noted that he was a real estate representative from Central Hudson, and wanted to establish a substation, have subdivision and site plan approvals, want to run transmission lines 8/10ths of a mile adjacent and parallel to three properties, this would serve the Pizzagalli site, the Cranberry Hills property and others, this is a permitted use in an R-20 zone, looking for permission to develop this corridor for the lines. Mr. Cortellino then asked about radiation. Mr. Feeney replied that they would be 69,000 volt lines, would be minimal, would tap into the lines in Wildwood. Mr. Cortellino noted that there was television interference, this has not been taken care of previously, am concerned about radiation. Mr. Feeney noted that this was probably caused by a cracked insulator and that they would look into this. Mr. Cortellino commented that Mr. Conte was familar with the problem. Mrs. Waddle then asked if there was anyone present who wished to speak. No one present wished to be heard. The hearing was closed at 8:21 p.m. Appeal # 572, at the request of John Lawrence, seeking a variance of Article IV, Section 416 of the Town of Wappinger Zoning Ordinance, to permit him to erect a free-standing sign of fifty square feet where 25 feet is permitted and to be located at a lesser setback than permitted, on property located on Route 9, being parcel # 6156-02-710921, in the Town of Wappinger. (adjacent to Ship's Wheel) Mrs. Waddle read the legal notice. Mr. John Lawrence was present and noted that he resided on Kelley Circle, RD 1 in the Town of Poughkeepsie and according to the site plan the setback .# 65 to 70 feet, this would take him back almost 100 feet, would like to move it to the State right-of-way, would also like to have the size of the sign increased to fifty square feet and that in checking with a bi.11-company they recomsended that to see it 350 feet away at the rate of speed permitted in this area you would need the. size of the lettere to be one foot high. um Zoning Board of Appeals -6- October 13th, 1981 Mrs. Waddle noted that she could understand them wanting the sign closer to the road, have had this problem up and down Route 9, however, most of the signs are within the maximum size permitted. Mr. Gunderud noted that there is more of a setback in this particular area of Route 9. Mrs. Waddle then asked if there was anyone present who wished to be heard. No one present wished to be heard. The hearing was closed at 8:25 p.m. Appeal # 574, at the request of the Mobil Oil Corporation, seeking an amendment to a Special Use Permit to allow for the sale of take-out convenience items and a variance of Article IV, Section 422 of the Town of Wappinger Zoning Ordinance to allow a canopy to be located within 15 feet of the property line where 100 feet is required, on property located on the corner of Route 9 and Myers Corners Road, being parcel # 6157-02-648928, in the Town of Wappinger. Mrs. Waddle read the legal notice. Mr. James Goodno, Real Estate Representative of Mobil Oil was present and noted that he resided in Bethel „ Connecticut. Mr. Goodno noted that they wished to convert the existing station to a full 50iff service outlet with a convenience type store in the present sales office for sale of tobacco products, soda, etc. Mr. Cortellino noted that this could be done by vending machines, why depart from this. Mr. Goodno noted that the vending machines are: limited, want to offer about twenty items. Mrs. Waddle wondered why they wanted the convenient items as there is a shopping plaza right behind the service station. Zoning Board of Appeals -7- October 13th, 1981 Mr. Goodno replied that these are convenient items rather that going into a supermarket to shop, there is no problem with OV the traffic, people would pay for their gas and pick up these items inside and we would like to construct the canopy over the pumps to protect the customers during inclement weather, in the present service area we would put up shelves and refrigeration unit. He added that the canopy would be fifteen feet from the front property line rather than 100 feet, this was an HB zone where there was only a 25 foot setback but was changed to Shopping Center which is 100 feet, the self service concept is now popular and Mr. Paino must compete with the other stations and that Mr. Paino had the tbatibati&nce 1968 and had to have this to remain competitive, the canopy would not block the visibility. Mr. Landolfi asked if this would be a standard canopy. Mr. Goodno replied that it was the standard size, the width is standard. He then presented the Board with pictures of this type of operation in another location. Mrs. Waddle commented that the sales area is a rather small space. Mr. Urciuoli commented that it would still be basically a service station. Mr. Goodno replied yes, they would still use the three bays. Mrs. Waddle then noted that the vending machines would supply the same type of merchandise. Mr. Goodno replied that there was not sufficiafitwwall space for all of these vending machines. Mrs. Waddle then asked if there was anyone present who wished to be heard. No one present wished to be heard. The hearing was closed at 8:35 p.m. Appeal # 575, at the request of Zvi Segal, seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to allow a newly constructed single-family dwelling to remain at a sideyard setback of 19.06 feet where 20 feet is required on property located on Plaza Road,.being parcel # 6258-03-305007, in the Town of Wappinger. Mrs. Waddle read the legal notice. Zoning Board of Appeals -8- October 13th, 1981 Mrs. Waddle then asked if there was anyone present who wished to be heard. No one present wished to be heard. Mrs. Waddle then made a motion to grant the requested variance. Mr. Landolfi seconded the motion. Motion Was Unanimously Carried The hearing was closed at 8:37 p.m. NEW BUSINESS: Appeal #p 573, at the request of Robert T. and Sandra A. Clopp, seeking a Special Use Permit pursuant to Article IV, Section 421, paragraph 4 of the Town of Wappinger Zoning Ordinance, to permit them to establish and operate the "L'll Friends and Company Nursery School" on their property located on 25 Wildwood Drive, in the Town of Wappinger. Mr. Robert Clopp was present and noted that they wished to open a nursery school. Mrs. Waddle then asked if the nursery school was in operation. Mr. Clopp replied that they had six to eight children presently, they are kept in the morning from 9:00 a.m. to 12:00, want to expand into the afternoon, can't exceed twenty children in the house and we have plenty of room outside on the patio and a play area, two teachers will be employed, will have them drop off the children on Brian Road which is a cul-de-sac. Mr. Cortellino then asked how they could enforce the dropping off on Brian Road. Mr. Clopp replied that they are asked to drop the children off on Brian Road which is a wide road where it intersects, will advertise in newspapers and by flyers and that this would be his wife's source of income. Mr. Cortellino then asked about the employees. Mr. Clopp replied that his wife is a teacher, one is a nurse and one is an art major who will take care of arts and crafts. Mrs. Waddle then asked if they had considered a larger place F as this appeared to be more of a school type operation rather than a typical nursery school. Mr. Clopp replied that this was a possibility if they grew, but not at this time they could not justify an outlay. Im Zoning Board of Appeals -9- October 13th, 1981 Mrs. Waddle then asked if anyone present wished to be heard. No one present wished to be heard. There was no further discussion and the Board recessed at 8:40 p.m. The Board then reconvened at 9:10 p.m. With regard to Appeal # 560, at the request of Russell Betters, a motion was made by Mr. Cortellino, std ,:bar•.-1+4r-..--,andolfi, to recommend t�ltdt the SpeciaT-Vse ° Pettit be granted with the cond-itions stipulated in the proposed resolution. (Said resolution is on file.) Motion Was Unanimously Carried With regard to Appeal # 567, at the request of Harold Price, a motion was made by Mr. Urciuoli, seconded by Mr. Cortellino, to grant the requested variance. With regard to Appeal # 568, a motion was made by Mr. Landolfi, grant the requested variance. Motion Was Unanimously Carried at the request of Arthur Eichler, seconded by Mr. Urciuoli, to Motion Was Unanimously Carried With regard to Appeal # 571, at the request of Central Hudson Gas and Electric Corporation, a motion was made by Mr. Cortellino, to recommend that the Special Use Permit be granted with the conditions stipulated in the proposed resolution. (Said resolution is on file.) Motion Was Unanimously Carried With regard to Appeal # 572, at the request of John Lawrence, a motion was made by Mr. Landolfi, seconded by Mr. Cortellino, to grant a variance on the setback of the proposed sign, the setback of the sign is to be approved by the Building Inspector prior to its installation and the request for a variance for increased size of the sign is denied. Motion Was Unanimously Carried Zoning Board of Appeals -10- October 13th, 1981 With regard to Appeal # 574, at the request of the Mobil Oil Corporation, a motion was made by Mr. Urciuoli, seconded by ' Mr. Landolfi, to grant the requested variance for,the installa- tion of the canopy at a lesser 9xbbtLykrd setback than required and that an amendment to the Special Use Permit be granted with the stipulation that the sales area cover only that area specified on the site plan on file with the Zoning Board. Motion Was Unanimously Carried With regard to the applications for Special Use Permits for Robert and Sandra Clopp, Maaco Auto and Barbara Guarino, it was noted that these applications would be forwarded to the Planning Board for their recommendations. A motion was then made by Mr. Landolfi, seconded by Mr. Urciuoli, to adjourn. e br Motion Was Unanimously Carried The meeting was adjourned at 9:15 p.m. Respectfully submitted, (Mrs. etty- Ann Russ, Secretary Zoning Board of Appeals