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2005-12-14 ZONING BOARD OF APPEALS December 14, 2005 Agenda .......... Town of Wappinger Zoning Board of Appeals MEETING DATE: December 14, 2005 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for November 22,2005. Approve site minutes for December 1, 2005. Adjourned Public Hearings: Appeal No. 05-7285 O'Connor Subdivision -Seeking an area variance of Section 217-21 (D) of Subdivision Regulations in an R-40 Zoning District. The applicant is proposing access to an adjacent privately maintained road for a new lot being created. The property is located at 335 Cedar Hill Road & Johnson Place and is identified as Tax Grid No. 6256-01-457875 in the Town of Wappinger. Public Hearings: '-" Appeal No. 05-7284 Verizon Wireless-ORP New Hackensack - Seeking an area variance of Section 240-37 & 240-81 (G)(4)(c)[2]ofDistrict Regulations in an AI Zoning District. -Where a cell tower needs to be 750 feet from an existin2 dwellin2. the applicant is proposin2 the tower to be within 750 feet of seven existin2 dwellin2s located off of Hackensack H2tS. Road. thus reQUestin2 seven variances in the amount of 1 foot to 208 feet. The property is located at 80 Airport Drive and is identified as Tax Grid No. 6259-04-647405 in the Town of Wappinger. Interpretations: Appeal No. 05-7289 228 Myers Corners. LLC - Seeking an Interpretation of the Zoning Administrator's letter of determination dated December 6,2005 for the currently proposed uses of the NB portion of the site. The property is located at 228 Myers Corners Road and is identified as Tax Grid No. 6258-02- 702520 in the Town of Wappinger. Discussions: Appeal No. 05-7290 228 Myers Corners. LLC - Seeking an area variance of Section 240-37 of District Regulations in an NB Zoning District. -Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 13.6 feet to allow for an existin2 metal shed, thus reQUestin2 a variance of 6.4 feet. ~ 1 ZONING BOARD OF APPEALS December 14, 2005 The property is located at 228 Myers Corners Road and is identified as Tax Grid No. 6258-02- 702520 in the Town of Wappinger. ~ Appeal No. 05-7291 228 Myers Corners, LLC - Seeking an area variance of Section 240-37 & 240-67 A of District Regulations in an NB Zoning District. -Where a lot size of 3 acres is reQuired for motor vehicle use in buildinl! # 1, the applicant is proposing a total lot size of 3.6 acres, thus reQuestinl! a combined variance of 3.4 acres. The property is located at 228 Myers Corners Road and is identified as Tax Grid No. 6258-02- 702520 in the Town of Wappinger. Appeal No. 05-7292 228 Myers Corners, LLC - Seeking an area variance of Section 240-70. A of District Regulations in an NB Zoning District. -Where a lot size of 2 acres is reQuired for a proposed use in buildinl! # 3, the applicant is proposing a total lot size of 3.6 acres, thus reQuestinl! a combined variance of 3.4 acres. The property is located at 228 Myers Corners Road and is identified as Tax Grid No. 6258-02- 702520 in the Town of Wappinger. .~ Appeal No. 05-7293 228 Myers Corners, LLC - Seeking an area variance of Section 240-70. A of District Regulations in an NB Zoning District. -Where a lot size of 2 acres is reQuired for the proposed use in buildinl! # 2, the applicant is proposing a total lot size of 3.6 acres, thus reQuestinl! a combined variance of 3.4 acres. The property is located at 228 Myers Corners Road and is identified as Tax Grid No. 6258-02- 702520 in the Town of Wappinger. --... 2 Town of Wappinger Zoning Board of Appeals MINUTES ~ Town of Wappinger Zoning Board of Appeals December 14,2005 Summarized Minutes Members Present: Mr. Fanuele, Ms. McEvoy-Riley Mr. DellaCorte, Mr. Prager, Mr. Warren, Others Present: Mr. Caviglia, Mrs. Lukianoff, Mrs. Roberti, Mr. Kolb Page 1 Minutes of December 14, 2005 MfNtJ-TES AP~IItf)\A;D , ji ... ''Iii r~ JAM 2 4 's Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Member Member Vice-Chairman Member Special Counsel Zoning Administrator Secretary Building Inspector '-'" SUMMARY Adiourned Public Hearine:s: O'Connor Subdivision Public Hearine:s: Verizon Wireless Discussion: 228 Myers Comers, LLC ....... -Adjourned to January 10,2006 -Granted six variances. -Public Hearing on January 10, 2006. Town of Wappinger Zoning Board of Appeals Page 2 Minutes of December 14, 2005 ....... Mr. Prager: Mr. Warren: Vote: Motion to approve Minutes for November 22, 2005. Second the motion. All present voted aye. . Mr. Prager: Mr. Warren: Vote: Motion to approve Site Minutes for :t;>ecember 1, 2005. Second the motion. ; All present voted aye. Appeal No. 05-7285 O'Connor Subdivision,. -Seeking an area variance of Section 217-21 (D) of Subdivision Regulations in an R-40 Zoning District. The applicant is proposing access to an adjacent privately maintained rbid for a new lot being created. The property is located at 335 Cedar Hill Road & Jdhnson Place and is identified as Tax Grid No. 6256-01-457875 in the Town of Wappinger. , . Present: Thomas 0' Connor Joel Hanig Don Miller - Attorney - Barger Engineering . Mr. Prager: Mr. Warren: Vote: Motion to open the adjourned public hearing. Second the motion. All present voted aye. . Everyone who spoke at this hearing was sworn in by Mr. Fanuelefor the record. ....... Mr. Fanuele: We had the public hearing for this applicant one month ago. We had asked for this to be looked at by Graham Foster the Highway Superintendent who responded that there would be no significant impact with one more driveway. Mr. Paggi the ,"own Engineer stated that there was no distance for the turning of a fire truck. The Fire Prevention Bureau was of the opinion that there should be no furthe~driveways added. We also received a letter from one ofthe residents on Johnson Place, Mrs. Rose Marie Emory. Mr. Prager: I will read Mrs. Emory's letter into the record. Dear Mr. Fanuele and Mr. DiNonno: My name is Rosemarie Emory; I live on 147 Johnson Place in Wappinger Falls, New York. I am writing this letter to the Wappinger Zoning Board of Appeals and the Planning Board in reference to Appeal No. 05-7285 O'Connor Subdivision. My husband Robert and I did not receive a letter concerning this appeal (per Mrs. Roberti our land would need to abut Mr. O'Connor's property) and therefore were unaware of original meeting of November 9,2005. We had intentions of attending the second Tuesday of the month meeting, December 13th but found ~ ........ Town of Wappinger Page 3 Zoning Board of Appeals Minutes of December 14, 2005 out it was moved to the 14th instead. Unfortunately, we have a conflict and are not able to attend. After speaking with Mrs.Roberti, who was extremely helpful, she suggested I voice my concerns via this letter. My concern is the treacherous condition of the road. The water has and continues to produce massive potholes which are moving uphill. We've been living on Johnson Place for 6 years. When we first arrived the road was in good condition. Since that time it has eroded into a terribly hazardous state. The original road was intended to accommodate three houses. It currently is collapsing as it accommodates seven. I had mentioned to Mrs. Roberti that I'd like to come to Town Hall to investigate the original specifications of Johnson Place (or as it was originally named Johnston Place), specifically how many houses it was designed to maintain. She stated that the office was currently quite busy and recommended I do the investigation at a later date. I will schedule an appointment with your office after the holiday to investigate the history of this road. ....... When Mr. Fay subdivided his land and added two houses in 1993 and 2000, it caused significant water problems and in turn road safety issues. Although, my land does not abut Mr. O'Connor's subdivision, it will have to reap the repercussions of the additional water that will come downhill. As the land is disturbed there will be less land area for the snow and rain to absorb into. As more land is used for additional homes more water will run down a road that is currently not constructed correctly. There are four other parcels of land on Johnson Place that can be possibly subdivided, some of the parcels possibly twice. Making a total of 15 houses on a road that is crumbling with 7. As the bottom of the road deteriorates it will no longer support the top of the road. Infact, just this past week a tree located on 135 Johnson Place fell into the road due to the saturation of the ground and a Town of Wappinger vehicle sunk his/her tires into my front lawn in an attempt to turn around. I am aware that as a private road, the homeowners are responsible for road upkeep and we are currently repairing the pothole damage. However, this 'patch job' will only hold for so long, it is not a long-term fix. Mr. Fay had been required to add three feet to his side of the easement, which I don't believe was done, and it is not even close to the 'normal' width of a road. It is not wide enough for two cars to pass. In recent months, there have been renovations, well digging and large deliveries which cause it to be temporarily impassable. ........ During the winter months our road is treated as a driveway. When there is a major storm the road is not plowed or sanded until it is over. When freezing rain or ice is present it is not addressed until we call for the salt and sand contractor to come and then it doesn't happen until he is able to get to us. The water in front of my home turns into a slab of ice from December through April Town of Wappinger Zoning Board of Appeals Page 4 Minutes of December 14, 2005 ....... that just continues to become thicker and more slippery. If you've visited Johnson Place you'll see it's a steep incline and during winter months nearly impossible to exit from. I have witnessed countless terrifying problems. Two drivers of the Bottini Fuel truck refused to come down one winter when I was, of course, out of fuel. Finally, a wonderful man decided to try it, for my children's sake, and got stuck on the ice in front of my home. He eventually got out because we keep sand barrels on the side of the road and we kept sanding it manually, but it took a half hour in freezing temperatures. Since that time, I'm on the list of treacherous driveways and get fuel delivered more frequently and always right before a major storm. I have had a FedEx van stuck for over an hour as my neighbor and I, both women home with our children, tried to teach him how to 'gun it and pull tight to the left to avoid the ice.' I've watched multiple cars go off into the ditch on the side of the road and one woman slid backwards with her two small children in her car praying she wouldn't hit a tree. And of course the many people, usually children, slipping on the ice and getting hurt. My children have missed school because I was unable to get out. I reserve all my sick, personal and vacation days at work for snow days because unless you have a four wheel drive vehicle, you won't get out. If I had been aware of all these issues, I probably wouldn't have purchased my home. However, I'm here now and I feel as a resident of Wappinger I have a right to safety. "-' If a fire occurs during a snowstorm not only will the truck have a problem getting in, it most likely will not get out. That puts not only my family in danger but also the family who has an emergency immediately following us. An ambulance would not make it in or out of Johnson Place, so lives could be in danger. The structure of my home is not as important as are the lives of my children. I personally dump my own garbage because it is impossible in the winter to get the can up the hill. As a town resident, I feel we don't receive normal town services. We don't have the benefits that all residents are entitled to. And again, one would say but you have a private road no one can come in or out or change what you have. But many people travel in and out of our road and changes, such as these, are beginning to occur. ~ Please consider these major issues as you come to a decision of zoning variances and building permits. If a major homebuilder were to subdivide land he or she would be required to have a safe and passable road for the homeowners to come and go. I would hope that it would be a requirement of any subdivision. Shouldn't the roads be safe to the residents who will reside on the road, new and old? Mrs. Roberti stated that a variance was needed due to a Town of Wappinger Law stating that one cannot Town of Wappinger Zoning Board of Appeals ....... Mr. Hanig: ..... Ms. McEvoy-Riley: Mr. Hanig: Mr. Miller: Ms. McEvoy-Riley: Mr. Miller: Ms. McEvoy-Riley: Mr. 0' Connor: Mr. Fanuele: ""-" Page 5 Minutes of December 14,2005 create a subdivision that creates a driveway on a road that the town does not care for. Before any changes are made to this road it should be brought up to code so that it can be maintained by the Town of Wappinger. It would be a great service to the residents of Johnson Place. I have read the minutes of the November 19th meeting and want to thank you, Mr. Fanuele, for your concern for our safety. It's wonderful to have people on these boards who take these matters into consideration. Sincerely, Rosemarie Emory I am Joel Hanig, an attorney and I represent the applicant's on this issue and do have some additional material to submit to the board tonight. With regard to that letter, obviously that letter is an application that should be made to the Town Board rather than the ZBA to take over Johnson Place. She appears to be at the end and Mr. O'Connor is at the very beginning. ( At this time Mr. Hanig handed out material to the ZBA.) There are 10 items to be entered into the record. 1. Decision from 1991, from Judge John King. 2. Letter from Mr. Liebermann 3. Letter from Mr. Levensen from 1991 4. Road maintenance agreement. 5. Road maintenance agreement. Someone mentioned easements to widen the road? When I went there I noticed one yard with a 25 foot easement with a fence across it. My fear is that once people start fencing in property even with an easement that they have no intention of actually allowing that easement to go through. I'm not sure of what happened but I think Mr. Fay was supposed to widen Johnson Place. Everyone owns 25 feet to the center. So when are you widening the road? The ROW of the road itself is being made 50 feet wide. Every town road is 24 to 26 feet wide. That would be up to the homeowners. When I went down there, there were fences. Jack who owns the fence will move it ifhe needs too. It was there prior to him moving there. If the fence is within the 25 feet then it can't be used. Do all the other houses on that street belong to the maintenance agreement? Town of Wappinger Zoning Board of Appeals Page 6 Minutes of Decemher 14, 2005 Mr. Hanig: I believe they do. I have the maintenance agreements right here. The first one exhibit 4 & 5. Number 4 was the Fay agreement and then it was Fay, Price and Hernandez. Number 5 was the same people with the addition of Fay. Certainly Mr. O'Connor's predecessor was not part of that agreement but he is intending to become part of that agreement as a condition of allowing him to subdivide his property. 6. Variance for Harold Price. 7 . Well drilling log to support a well. 8. Documentation from Mr. Barger's office that talks about the fees that he is charging so far. 9. Listing by the previous owner from 2002 that the 1.5 acres is sub dividable. 10. Evidence of a 2-19-04 fire call from the New Hackensack Fire Department that three vehicles showed up to Mr. O'Connor's property and that they had no problem leaving. Mrs. O'Connor will come up and tell you where the vehicles were at that call but first Mr. O'Connor will make a statement. .~ Mr. Fanuele: But the town never said it was subdividable, just the previous owner correct? Mr. Hanig: That is correct, but it is something the ZBA can consider of the present owner believing this to be an existing situation at the time. Mr. Fanuele: But they never bothered to come to the town and verifY that? ~ Mr. Hanig: That is correct. Mr. O'Connor: We closed on the house in August of2002. This home had appeal because Mr. Sopchak told us it was able to be subdivided. Mr. Hanig: Item # 6 is a variance granted to Harold Price in 1981 for other property on that road for subdivision purposes. Mr. Sopchak: Daniel P. Sopchak and I lived at Cedar Hill Road for 47 years. I made attempts myself to subdivide the land and it was always a problem but when Mr. Fay got approval to subdivide then my understanding at the time was that I could also. Mr. DellaCorte: Did Mr. Fay tell you that you could subdivide? Mr. Sopchak: To my knowledge it was a true statement. Mr. Hanig: Did you discuss this with Mr. O'Connor? Mr. Sopchak: Not at length. Mr. Fanuele: Did you check with the town then? Mr. Sopchak: No. ......... Town of Wappinger Zoning Board of Appeals Page 7 Minutes of December 14, 2005 Mr. Panuele: Do you consider this a driveway or a private road? ......... Mr. Hanig: A private road. Mr. Miller: (Went over Mr. Paggi' s letter for the board.) We propose a 20 foot wide driveway with an 80 foot length which is adequate for a three point turn. Mr. Panuele: But the roadway will remain the same. Mr. Hanig: The PB had required Mr. Pay to expand the road from 12 feet to 15 feet along his length and I believe that will probably be the same req uiremen t. Mr. Miller: Our grades are nearly as steep. Emergency vehicles will most likely use Mr. O'Connor's driveway to turn around. A town road is usually 10% and a private road can get a variance anywhere from 12 to 15% in the past. Ms. McEvoy-Riley: You mean driveway. Mr. Miller: No road. Mrs. O'Connor: We had an electrical fire and I believe three trucks showed up at our home. There was no problem with them arriving or leaving as far as I could see. They turned around in my driveway. .'-" Mr. Panuele: Is there anyone else in the audience with a comment or question on this application? Hearing none. Ms. McEvoy-Riley: My concern is the common driveway. Should it be 28 feet with a turn around? Mr. Panuele: Ifwe classify it as a driveway it exceeds the maximum access to it. Also there should be a pull off every 500 feet. If there is a fire further down the road I would have a totally different problem. The HOA should get together and solve the problems of the road by expanding the road and putting a shoulder on it so when two cars pass they don't go over to the ditch or the water. There is an awful lot of water at the bottom that has no where to go. Another house will increase the amount of water to the bottom. Mr. Hanig: I think that is an issue that is reviewed by the PB as far as how to deal with it. My client has no control of houses further south on the road. Mr. Fanuele: Your client is not part of the maintenance agreement, correct? Mr. Hanig: No he is not. The intent is for him to join the agreement as part of the subdivision approval. ""-" Town of Wappinger Zoning Board of Appeals Mr. Fanuele: ~ Mr. Hanig: Ms. McEvoy-Riley: Mr. Caviglia: Mr. Fanuele: Mr. Hanig: Ms. McEvoy-Riley: Mr. Hanig: Ms. McEvoy-Riley: Mr. Miller: ~ Mr. Fanuele: Mr. Sopchak: Ms. McEvoy-Riley: Mr. Began: Mr. Fanuele: Mr. Hanig: Mr. Caviglia: Mr. Prager: Mr. Warren: Vote: ......... Page 8 Minutes of December 14, 2005 Can we have a plan with a timetable to join the agreement and what will be done with the road. We can't make promises to this board and Mr. Caviglia can verify that. We as a board can set conditions, correct? That's correct. I feel setting conditions now without an EAF would be inappropriate. I would like to have an EAF with the road width, length, the road maintenance, sand barrels and drainage that is going to go down to the bottom of the hill and come up with a plan of what Johnson Place should look like when the plan gets implemented. We can only give this board assurances as to improvements that can be made within the area of Johnson Place which is our frontage. We can not go beyond that. I would still like to see the long EAF. As Mr. Miller has said, one was submitted to the planning board. That's a short form. SWM Phase II now requires us to contain anything in excess of runoff that would leave the site. Where does the water at the bottom of the hill go? Into a stream. I drove down there and it is very scary and I have a small car. Eric Began, 152 Johnson Place. The road runs straight down to my property and into my driveway. There is a bridge that goes over the stream. So we would like the long EAF. We can't increase the problems to others. We can only provide a proposal within the limits of our frontage and that is what we will do. Also send additional copies of the 10 exhibits. Motion to adjourn the public hearing to January 10, 2006. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals Page 9 Minutes of December 14, 2005 Mr. Fanuele: So before January 10th we will get the long form EAF dealing with the road, drainage and access. "'-- Mr. Hanig: We will do what we can. Mr. Fanuele: If this is a road I will need road specs and ifit is a common driveway it can only have three homes so you are somewhere in between. Mr. O'Connor: I will do whatever is within my power. Mr. Fanuele: It will improve your variance if you can get a plan in place. Mr. Hanig: Weare certainly willing to move forward but we can only make a proposal within the limits of our frontage and that's what we will do. Appeal No. 05-7284 Verizon Wireless-ORP New Hackensack - Seeking an area variance of Section 240-37 & 240-81 (G)(4)(c)[2]ofDistrict Regulations in an AI Zoning District. -Where a cell tower needs to be 750 feet from an existin2 dwellin2. the applicant is proposin2 the tower to be within 750 feet of seven existin2 dwellin2s located off of Hackensack H2tS. Road. thus reQUestin2 seven variances in the amount of 1 foot to 208 feet. The property is located at 80 Airport Drive and is identified as Tax Grid No. 6259-04-647405 in the Town of Wappinger. ...... Present: Randy Wilson - Real Estate Manager for Verizon Wireless Henry Collins - Attorney Mr. Prager: Ms. McEvoy-Riley: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Fanuele: Are the mailings in order? Mrs. Roberti: Yes they are. Mr. Fanuele: I believe we are now down to 6 variances because you moved the tower back? Mr. Wilson: Yes. Gave overview to the public. We are proposing a wireless facility at 80 Airport Drive. This will be an 80 foot monopole at the North West section ofthe site with a 12 X 30 foot equipment shelter. At the November 9th meeting we made changes to our proposal which reduced the number of variances needed from seven to six by moving the tower further away. We re-did our balloon test on December 1,2005 at which time the balloon was flown at 80 feet high. We took pictures from the cuI de sac and from down the street. The board wanted to see what this would look like with the leaves off. We have submitted a photo simulation also of the tower with the antenna. "'- Town of Wappinger Zoning Board of Appeals Page 10 Minutes of December 14, 2005 Mr. Collins: This is an appropriate use within the airport industrial district. According to your code 208-81 (G) 4(C) 2, requires the tower be located no closer than 750 feet from among other things existing dwellings. There are six residential parcels that range from 543 feet to 640 feet away from the proposed tower. Accordingly we seek six individual variances from this board. It is our position that this is not substantial, not detrimental and will not change the character of the neighborhood. We have done everything within our power to mitigate the distance. "'-' Mr. Fanuele: Is there anyone in the audience with a question or a comment? Mr. Simonson: Charles Simonson, 41 Hackensack Hgts. Road. I'm not concerned so much with what's behind me but I am part of the Airport Advisory Committee and I'm wondering how this affects the GCA. Mr. Wilson: As part of our due diligence we do what is called an asacks study and we are below the FAA guidelines at the 80 foot height that we are proposmg. Mr. Simonson: When I built my home I found out that the property behind me would be re-zoned airport industry I was a little upset. Why do we keep modifying and changing the guidelines and allow these variance's. It's very alarming. .'-" Mr. Fanuele: Not every piece of property is cookie cutter straight so when someone comes in for a variances we look at it to determine if that lot is uniquely different than the other ones and then we decide whether to give the variance or not. I'm sure just from the previous one you can see that they don't all come easy but some of them are quite simple. We represent both sides and we try to compromise for both the applicant who wants the variance and the neighbor. Mr. Simonson: In an AI zone what is allowed and what is not allowed and it is restricted to one story buildings but how come Neave and other buildings are two stories? Mr. Fanuele: That would be a building question for the building inspector. Mr. Wilson: The FAA will want us to register before we construct this tower. Mr. Blumenthal: Robert Blumenthal, 71 Hackensack Hgts. Road. I am the father of three kids and what kind of power will this send out and will it interfere with the house electronics? Mr. Wilson: We have submitted to the planning board a McMillan Study of federal guidelines. We are 500 % below the federal guidelines and the PB has also hired their own RF consultant to confirm this. It basically operates at very low power. ........ Page 11 Town 0 f Wappinger Zoning Board of Appeals Mr. Blumenthal: ~ Mr. Wilson: Mr. Blumenthal: Mr. Prager: Mr. Wilson: Mr. Fanuele: Mr. Prager: Mr. DellaCorte: Vote: Mr. Fanuele: "-" Mr. Prager: Ms. McEvoy-Riley: Mr. Prager: Mr. Blumenthal: Mr. Prager: Mr. DellaCorte: Roll Call: Mr. Wilson: ."'- Minutes of December 14, 2005 So Verizon feels it's perfectly safe. Are there plans to camouflage this tower? The PB has asked us to look into a pine tree design which we will after the balloon test and we will then ask for feed back. At one time this was farm land and that's when a lot of these homes were built and now it is an industrial park behind us. We also brought that up and I don't know if we have really made a decision on that yet. A pine tree looks silly at 150 feet but I'm on the fence at this height. But remember there are no other pine trees in the area so we can continue to discuss that. The conditions are seasonal in this area. Anyone else? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. We are here to approve the distances from the six property lines. Looking at this in the summertime you can't see it and in the winter you will. The evergreen look does not blend in and it is my opinion that it doesn't have to look like a tree. That is more of a planning board issue These pictures don't look good at all. With technology they should put in a real tree. It should be left alone. Would you like to see the pictures? Leave it alone, I thought it would be a deciduous tree. Motion to grant the six variances since they don't seem to be detrimental to nearby properties nor will it change the character of the neighborhood. They are not substantial at 15 to 28 %. It will have no adverse physical change and it is self-created. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Aye. Aye. Aye. Thank you. Town of Wappinger Zoning Board of Appeals Page 12 Minutes of December 14, 2005 "'........ Appeal No. 05-7289-7290-7291-7292-7293 228 Myers Corners. LLC - Seeking an Interpretation of the Zoning Administrator's letter of determination dated December 6,2005 for the currently proposed uses of the NB portion ofthe site. - Seeking an area variance of Section 240-37 of District Regulations in an NB Zoning District. - Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 13.6 feet to allow for an existinl! metal shed. thus reQuestinl! a variance of 6.4 feet. - Seeking an area variance of Section 240-37 & 240-67 A of District Regulations in an NB Zoning District. -Where a lot size of 3 acres is required for motor vehicle use in buildinl! # 1, the applicant is proposing a total lot size of 3.6 acres. thus reQuestinl! a combined variance of 3.4 acres. - Seeking an area variance of Section 240-70. A of District Regulations in an NB Zoning District. - Where a lot size of 2 acres is required for a proposed use in buildinl! # 3, the applicant is proposing a total lot size of 3.6 acres. thus reQuestinl! a combined variance of 3.4 acres. - Seeking an area variance of Section 240-70. A of District Regulations in an NB Zoning District. -Where a lot size of 2 acres is required for the proposed use in buildinl! # 2, the applicant is proposing a total lot size of 3.6 acres. thus reQuestinl! a combined variance of 3.4 acres. The property is located at 228 Myers Corners Road and is identified as Tax Grid No. 6258-02- 702520 in the Town of Wappinger. Present: Don Walsh ..-., Mr. Walsh: This property is under new ownership and I represent that owner. This used to be a junk yard, car sales lot, a service center and a salvage yard. This is all documented in the town's files. The most recent owner, Piqwon had run into financial difficulty and the new owner acquired this site in a sale with the IRS. This owner has done a lot of work cleaning this junk yard out. This is also a 2 zone lot with the front being NB and the back is an R-40 site. It just is where the town drew the line. The reason we are here is that this is a site with three buildings already on the site. Building number one in the front is a car dealership, building 2 and 3 in the rear have been a detailing shop in # 2 and in #3 it has lifts etc. for auto repair. Once the owner finished the clean up of the site he listed the two buildings for rent with a local realtor. Those buildings were intermittingly used over the year by the IRS. They became empty sometime last May and then one of the prospective tenants, Michael Schwartz who is in the motorcycle repair business came in to get a letter for the state for zoning conformance and couldn't get one from the Zoning Administrator given her determination. The buildings in the rear are buildings the owner would like to rent for the purposes that they were established. Mr. Schwartz is proposed as a tenant for building two and Bill Lipro has a lease that he hasn't signed yet that would move his auto repair business into building three. The issue comes up that this is an area variance where each business needs a certain amount of acreage. The business in the front is limited to .8 acres between them and the rear. I am here to ask you to look at this and ask any questions you may have. We ....... Town of Wappinger Zoning Board of Appeals Page 13 Minutes of December 14, 2005 will be doing major landscaping on this property for screening from the neighbors. ........ Mr. Fanuele: Do you have a public hearing before the planning board? Mr. Walsh: Yes on January 4,2006. Mr. Fanuele: We can set you're public hearing on January 10,2006. Mr. Prager: We need an explanation for variance number 2, 3 and 4. Mr. Walsh: Explained to the board why these variances are necessary. Auto Sales need three acres and the other uses each need two acres and we can only provide 3.6 acres in total. Mr. Fanuele: We need to schedule a site visit. Mr. Walsh: Have Barbara coordinate with me and Frank Adamo our property manager. Thank you. Mr. Prager: Mr. Warren: Vote: Motion to adjourn. Second the motion. All present voted aye. ....... Meeting ended at 9:45 PM Respectfully Submitted,) "::- ,.-'0'-'''.' / ' ,., ("." t/1 /C / ) .{,(,t't L ?l,_ '/v'Ltu1;.' Barbara Roberti, Secretary Secretary - Zoning Board of Appeals ~