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2006-01-10 ZONING BOARD OF APPEALS January 10,2006 ",-" Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: January 10, 2006 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve site minutes for January 7,2006. Adjourned Public Hearing: 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. 05-7289-7290-7291-7292-7293 228 Mvers 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. - Seeking an area variance of Section 240-37 of District Regulations in an NB Zoning District. -Where a side vard setback of 20 feet is reQuired, the applicant is proposing a side vard setback of 13.6 feet to allow for an existin2 metal shed, thus reQUestin2 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 of3 acres is reQuired for motor vehicle use in buildin2 # 1, the applicant is proposing a total lot size of 3.6 acres. thus reQUestin2 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 buildin2 # 3, the applicant is proposing a total lot size of 3.6 acres. thus reQUestin2 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 buildin2 # 2, the applicant is proposing a total lot size of 3.6 acres. thus reQUestin2 a combined variance of 3.4 acres. The property is located at 228 Mvers Corners Road and is identified as Tax Grid No. 6258-02- 702520 in the Town of Wappinger. '" , Town of Wappinger Zoning Board of Appeals MINUTES '-- Town of Wappinger Zoning Board of Appeals January 10,2006 Summarized Minutes Members Present: Mr. Fanuele, Ms. McEvoy-Riley Mr. DellaCorte, Mr. Prager, Mr. Warren, Others Present: Mr. Caviglia, Mrs. Lukianoff, Mrs. Roberti, Page I Minutes of January 10, 2006 MINUTES APPR(NED r E B : L1 jnOh Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Member Member Vice-Chairman Member Special Counsel Zoning Administrator Secretary '-- SUMMARY Adiourned Public Hearin2s: O'Connor Subdivision Public Hearin2s: 228 Myers Comers, LLC '-- -Adjourned to February 28, 2006 -Adjourned Public Hearing on February 14, 2006. Town of Wappinger Zoning Board of Appeals Page 2 Minutes ofJanuary 10, 2006 "- Mr. Prager: Mr. DellaCorte: Vote: Motion to approve Site Minutes for January 7, 2006. 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 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. Present: Thomas O'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. Fanue1e: At the last meeting we had asked for additional information from you. Mrs. Roberti: All the requested information is before you tonight. Mr. Hanig: We also supplied the long EAF and a revised map including a 50 foot pull off. I believe we have supplied all the information that the ZBA had asked of us. Mr. Fanuele: All the new information is on the map but you have widened the driveway and not Johnson Place. Mr. Hanig: Yes that is correct. We widened the driveway so that there would be no question as to fire equipment being able to turn around. Mr. Fanue1e: So you are not dealing with Johnson Place as a whole? Mr. Hanig: No, just the road in front of his property. Mr. Fanuele: The road will need 2 pull offs to support fire trucks, which is what our code says. Since this common drive is 1250 feet, it will need two 50 feet pull offs. You also supplied a road maintenance agreement with three homeowner's who signed it and yet there are six homeowner's. Mr. O'Connor: There are six without myself. "-- Town of Wappinger Zoning Board of Appeals Page 3 Minutes of January 10, 2006 ....... Mr. Fanuele: But we have only three signatures. Mr. Hanig: I think there is an amendment from Mr. Robert's office with the other signatures and Mr. O'Connor will be joining it. Mr. Fanuele: Then we need that document with seven signatures on it. Mr. Hanig: That will be done as part of the condition of approval for the PB. Mr. Fanuele: That should be done before the variance is granted. There should be a document that says that the road will be made wider, a turn around and a cuI de sac at the end and that all seven people are going to agree to that. Mr. Hanig: No we can't do that. We can only deal with our frontage and what we have control of and we cannot go beyond our property line and in the history of the ZBA when the last variance was granted there was no requirement that it go beyond what was within that particular owner's control and if that is the position ofthis board that we have to go beyond our control we are obviously going to have a serious problem because we just cannot do that. So our position is to do what the ZBA asks us for within the area of our control along Johnson and not beyond that. "-'" Mr. Prager: What will the pull off be? Mr. 0' Connor: Asphalt. Mr. Prager: One of the questions that I had and it was mentioned at the last meeting was that I believe your wife mentioned that there was a fire call at your house and they turned around in your driveway? Mr. O'Connor: Yes. Mr. Prager: I did discuss this with the fire chief of your district and from what I understand that was not really true. From what I was told the truck never was able to get into the driveway because a car was in the way. The fire chief is here tonight and he might want to talk about that later. Weare thinking about safety here. Mr. O'Connor: So what you're stating here now is that if there is a fire there now then there is a danger at this moment. Mr. Prager: Yes it certainly looks like it. Mr. O'Connor: So by me putting in this pass by that will improve the conditions right now. .""" Town of Wappinger Zoning Board of Appeals Page 4 Minutes ofJanuary 10,2006 ....... Mr. Fanuele: Yes but only by your house. Mr. O'Connor: I can only control that. Mr. Fanuele: There is a maintenance agreement. . .. Mr. O'Connor: I am not part of that maintenance agreement Sir. Mr. Fanuele: That might be a problem. You do have seven people to sign that agreement to protect the safety of the people on that road and your kind of ignoring the safety of the people beyond that. Mr. O'Connor: I think that they are ignoring the safety of their own safety prior to me even moving there. I am addressing everyone's needs within my control and at my own cost. Mr. Hanig: We have no control of that and we can't agree to any condition like that, only what is within our control. Mr. Fanuele: You also supplied a copy of a variance from 1981 with Harold Price but it does not say what the variance was for and your item number 7 deals with a well log and I don't know what that has to do with this case. ........ Mr. Hanig: We dealt with the well log the last time and it deals with the PB process. Mr. Fanuele: Number 9 is the multiple property listing. Mr. Hanig: It is the listing from when this gentleman bought the property and it showed that as part of the representation ofthe previous owner it was sub dividable. Mr. Fanuele: Then he has an issue with the real estate people not the Town of Wappinger ZBA. You gave us a lot of information but a lot of it is irrelevant. Mr. Hanig: I believe it is proper background. Mr. Fanuele: Is there anyone in the audience with a question or a comment? Mrs. Emory: I live at 147 Johnson Place. I am concerned about the safety of the road and I live at the bottom where the fire truck will have trouble getting too. It was not in such bad condition when I bought there. It has since become that way from the two subdivisions and from the water that runs down the street. We are working to try to fix it and it has gotten a little bit better but it still is dangerous. Mr. Fanuele: Are you part of the maintenance agreement? '-" Town of Wappinger Zoning Board of Appeals ......., Mrs. Emory: Mr. Fanuele: Mrs. Emory: Mr. Caviglia: Mr. Fanuele: Mr. Hanig: Mr. Valentino: ......., Mr. 0' Connor: Mr. Valentino: Mr. Prager: ......., Page 5 Minutes of January 10, 2006 I have never signed the maintenance agreement. I was told there was one but it was never given to me at my closing. I have seen it and I do pay our share for repairs, salt and sand. We are working on a new one. When do you feel it will be completed? I'm not sure, I haven't heard back from her. At this time Mrs. Emory went up to the board where they had a discussion. Can you summarize for the record any factual conversation? One lot is actually two lots which was the former Fay lot, so instead of having six lots you will have seven lots. The people that signed the maintenance agreement do not even live there and there is no new document with the current owners on it. According to this there could be no new agreement. My #5 is the agreement filed at the county and that agreement runs with the land and is binding with the successors. Michael Valentino, Chief of the New Hackensack Fire District. We have been up on Johnson Place for numerous calls. One in particular was in 2003 at 135 Johnson Place where we had a vehicle back over someone and we had to get in there with heavy rescue equipment. We should have had an engine but due to the number of police vehicles and an ambulance we could only get one vehicle down that road. Another was in 2004 at 335 Cedar Hill Road which was an electrical fire and my Assistant Chief Paulo was in charge ofthat one. We couldn't get other equipment other than one engine because of the road and Ijust think having the one pull off will help but there is also a letter here from March 14, 1991 that one of our past chief s took a tanker down the road and said how there was plenty of room to maneuver it and that's fine on a clear day with no other vehicles there and nothing else going on. There is no cuI de sac there where a 33 foot fire truck is going to turn around. If we get a fire down there, we have 900 feet of supply hose and that road is longer than that and there could be a delay to getting to that fire. So I think it is a safety issue. We are only 500 feet down the road and we are proposing an 50 X 24 feet pull off. As long as the pull off is made of the right materials to support a fire vehicle. What's in the road right now in front of your house? Town of Wappinger Zoning Board of Appeals Page 6 Minutes ofJanuary 10, 2006 ........ Mr. O'Connor: Its 14 feet that cuts down to 12 foot +. Mr. Prager: So you're not going to touch that, you're just going to leave that the same and make the pull off. Mr. DellaCorte: Chief did you respond to an electrical fire? Mr. Valentino: I did not the assistant chief did. Mr. DellaCorte: That's the house on the comer of Cedar Hill and Johnson Place? Mr. Lawlor: Frank Paulo, Assistant Chief. Yes. We responded with engine one which turned onto Johnson Place and stopped at the driveway. The rescue pulled into the oncoming traffic lane on Cedar Hill Road. The tanker was sent back because they realized that the road was getting so backed up and they realized they wouldn't need it, was turned around and sent back. When the trucks left we did not turn into the driveway because the car was in the driveway so we had our fire police block the road on Cedar Hill and we backed out of Johnson Place. Mr. DellaCorte: And the truck on Cedar Hill just drove off, correct? They didn't need to turn onto Johnson Place. Mr. Lawlor: Correct. '-'" Mr. Fanuele: Anyone else? Mr. DellaCorte: I think we should adjourn this and wait for the agreement. Mr. O'Connor: I have no control over when they will produce that agreement. I am not part of it and I have no control over it. I asked them to set up a road fund and I would contribute. Mr. Fanuele: We can hold off everything until we get the proper safety. You bought the lot and you want to make two lots out of it. Mr. O'Connor: I'm willing to improve at my own costs and I won't be at risk. Mr. Fanuele: I believe you are at risk sir. If you had a fire and needed a tanker and other trucks..... Mr. O'Connor: Not after I improve the road by this lot. Mr. Fanuele: We can think about this and adjourn the decision and the public heanng. Mr. Hanig: This gentleman is in a different position than anybody else on that road because he has the immediate location of Cedar Hill. The other residents will want him to join and he will. '-'" Town of Wappinger Zoning Board of Appeals Page 7 Minutes of January 10,2006 ""- Ms. McEvoy-Riley: How long are you there? Mr. O'Connor: I bought this on August 29, 2002. Ms. McEvoy-Riley: Mr. Chairman there are a few things I need to look over so can we adjourn this February 28, 2006. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Aye. Aye. Aye. Mr. Prager: Roll Call: Mr. Hanig: Is there anything else in our control to submit to you? Mr. Fanuele: Let me say that I feel a safety issue exists and to add another home creates a bigger safety issue. If you do not want to address that Issue.. ... Mr. O'Connor: We are addressing it to the best of our control. Mr. Hanig: Ok we will be here next time. ........ 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 of the 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 existine: metal shed, thus reQuestine: 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 buildine: # 1, the applicant is proposing a total lot size of 3.6 acres, thus reQuestine: 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 buildine: # 3, the applicant is proposing a total lot size of 3.6 acres, thus reQuestine: 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 buildine: # 2, the applicant is proposing a total lot size of 3.6 acres, thus reQuestine: 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 Frank Simeone - Attorney for the applicant ...... Town of Wappinger Zoning Board of Appeals --.. Mr. Warren: Mr. Prager: Vote: Page 8 Minutes of January 10, 2006 Motion to open the public hearing. Second the motion. All present voted aye. A complete transcript was provided bv J & L Reportin2 Service on Februarv 2, 2006 and is attached for the record. TOWN OF W APPINGERS ZONING BOARD OF APPEALS .......... 2 Appeal No. 05-7289-7290-7291-7292-7293 228 Mvers Corners, LLC HELD AT: Januarv 10, 2006 8:10 a.m. BEFORE: Victor L. Fanuele, Chairman J. McEvov-Rilev Dou!!las Warren J. Howard Pra!!er Tom Dellacorte ALSO PRESENT: Marco Cavi!!lia, Special Counsel Bill Parsons Frank Simeone, Counsel to Bill Parsons J & L REPORTING SERVICE of Westchester, Inc. 200 East Post Road White Plains, New York 10601 (914) 682-1888 Joseph S. Jacobv, Reporter MR. FANUELE: Next item on the a!!enda, a public hearin!! for appeal 3 4 5 6 7 8 9 10 11 12 13 14 15 '-- number 05-7289, 7290, 7291. 7292 and 7293, a bunch of appeal numbers, five. dealin!! with 228 Mvers Corners Road seekin!! an interpretation of Zonin!! Administrator's letter of the determination dated December 6, 2005 for the currentlv proposed uses of the NB portion of the site. Seekin!! an area variance of Section 240-37 of District Re!!ulations in an NB Zonin!! District. Where a side yard setback of 20 Town of Wappinger Zoning Board of Appeals 16 feet is required, the applicant is 17 proposin!! a side vard setback of '-- 18 thirteen point six feet to allow for 19 an existin!! metal shed. thus 20 reQuestin!! a variance of 6.4 feet. 21 Seeldn!! an area variance of 22 Section 240-37 and 240-67 A of 23 District Re!!ulations in an NB Zonin!! 24 District. 25 Where a lot 3 acres is required 2 for motor' vehicle use in buildin!! #1. 3 the applicant is proposin!! a total 4 lot size of 3.6 acres, thus 5 reQuestin!! a combined variance of3.4 6 acres. 7 Seekin!! an area variance of 8 Section 240-70. A of District 9 Re!!ulation in an NB Zonin!! District. 10 Where a lot size of 2 acres is .""-' 11 required for a proposed use of 12 buildin!! #3. the applicant is 13 proposin!! a total lot size of 3.6, 14 thus reQuestin!! a combined variance 15 of 3.4 acres. 16 Seeldn!! an area variance of 17 Section 240-70. A of District 18 Re!!ulations in an NB Zonin!! District. 19 Where lot size of 2 acres is 20 required for the proposed use in 21 buildin!! #2. the applicant is 22 proposin!! a total lot size of 3.6 23 acres. thus reQuestin!! combined 24 variance of 3.4 acres. 25 The propertv is located 22 2 Mvers Corners Road and is identified '- Page 9 Minutes of January 10,2006 Town of Wappinger Zoning Board of Appeals 3 as Tax Grid No. 6258-02-702520 in the 4 Town ofWappinl!er. ......... 5 Do I have a motion to open the 6 public hearinl!. 7 MR. WARREN: So moved. All in 8 favor? 9 (All in favor). 10 MR. FANUELE: Do vou affirm 11 under penaltv ofperiurv to tell the 12 truth? 13 MR. WALSH: Yes. 14 I'm a partner of the firm of 15 Development Stratel!ies Companv in 16 White Plains. I'm here tonil!ht to 17 present the application of 228 Mvers 18 Corners Road. LLC for these 19 variances. 20 This matter has been refe'Ted .......... 21 here bv the Planninl! Board. We're in 22 the middle of a Planninl! Board series 23 of public hearinl!s on the use of the 24 site. It will be remembered bv the 25 members of board. since vou were here 2 last time. four of the five ofvou 3 have visited the site. I don't know 4 if vou've had a chance to I!et there. 5 This is a site that was one larl!e 6 industrial tvpe site within an NB 7 Zone. which mav or mav not have 8 conformed a series of battles over 9 the vears as to the usal!e of the 10 site. The new owners have inherited 11 the site that had a non-conforminl! 12 preexistinl! buildinl! in the front 13 used bv various commercial entities. 14 Ril!ht now a law office. a mortl!al!e ~ Page 10 Minutes of January 10, 2006 Town of Wappinger Zoning Board of Appeals 15 lender. a car sales business, et "- 16 cetera. In manv of its previous 17 lives the buildinl!s in the rear. 18 which we have called buildinl!s two 19 and three. were used in various parts 20 of the overall business which mav 21 have been. an Affidavit on file in 22 the Town Hall. mav have been a iunk 23 vard. salval!e vard and larl!e 24 automotive dealership. You've seen 25 the aerial photol!raphs and vou've 2 seen the extent the owner went 3 throul!h to clean up the buildinl!. 4 Since the new owner took possession 5 of the prooertv we had buildinl!s two 6 and three in the rear which were not 7 occupied as of last Mav and thev have "- 8 been used bv the Internal Revenue 9 Service and various al!ents. Thev're 10 c1eaninl! UP the vehicles beinl! II auctioned on the site. There's a 12 lonl! chain of ownership that l!oes 13 back to the 1940's bv Mr. Parsons and 14 his brother and other members of 15 other owners in the course of this. 16 What we're here for is an 17 interpretation of the letter that we 18 received from the planner. which was 19 that she wanted a site plan to l!0 20 throul!h with the special use permits 21 for these. because there was a time 22 lapse she felt we contested that we 23 felt the buildinl!s had been used for 24 these purposes. were set UP for these "- 25 purposes. or in the alternative Page 11 Minutes ofJanuary 10,2006 Town of Wappinger Zoning Board of Appeals 2 lookinl! fo r variances on them. ....... 3 Here in the audience are 4 members ofthe public that wish to 5 comment. We have two proposed 6 tenants. look at the site everyone. 7 the l!entlemen in the rear there, who 8 are lookinl! to rent buildinl! number 9 three. the portion of it not 10 currently used by Frank Adama. who's 11 c1eaninl! the site, who will be there 12 a year or so, a portion of buildinl! 13 three which is closer to Mr. Parsons' 14 property. Mr. Michael Schwartz. the 15 l!entleman in the back who is the 16 proposed tenant for buildinl! number 17 two. which is the motorcycle shop. 18 At the Planninl! Board meetinl! the 19 openinl! oftheir public hearinl! last '"-' 20 week on the 4th, as 1 mentioned, the 21 members of the board who were at our 22 site on Saturday. there was 23 controversy in terms of both Mr. 24 Parsons and other members of the 25 public, Mr. Simeone here and others 2 who had obiections to the possibility 3 of a motorcycle shop cominl! on the 4 premises. Their chief obiection on 5 the record beinl! the possible noise 6 that it mil!ht enl!ender. We pointed 7 out for the record yOU have a noise 8 ordinance was part of this in Section 9 130 of the code, we would insert that lOin any lease with any tenant that 11 they're under that. This was here ......... 12 for many years on the site. This was Page 12 Minutes ofJanuary 10, 2006 Town of Wappinger Zoning Board of Appeals Page 13 Minutes of January 10,2006 13 a heavy industrial site with heavy "-' 14 industrial machinery. Our proposed 15 use for the site is two small local 16 businesses confined to the buildin!!s 17 and the area immediatelv around them. 18 The code is written so it refers to 19 small automotive shops hayin!! the 20 abilitv to have variances in this 21 area. That's one of the reasons we 22 brou!!ht it here. What we're doin!! in 23 terms of the Plannin!! Board, I 24 brou!!ht this to talk to Mr. Simeone 25 and the llUblic in the rear, earlier 2 toni!!ht was one of the issues they 3 broul!ht UP at the Plannin!! Board, 4 which is not your iurisdiction, 5 screenin!! and fencin!!. You and I "-' 6 talked about that when we walked the 7 site the other day and shown some 8 preliminarv desi!!ns, taldn!! input 9 from them as to what they would 10 prefer in terms offences. That has II absolutely nothin!! to do with this 12 board. That's the discussions !!oin!! 13 on at the Plannin!! Board and probablv 14 will continue to!!O on at the 15 Plannin!! Board to discuss ways to 16 screen the south where Mr. Simonetti 17 is on the south of the site, and Mr. 18 Parsons is on the west of the site. 19 That's the applicant's open in!! 20 statement. I'd like to hear the 21 public comments as far as that is 22 concerned. Some of the members of '- 23 the public here tonil!ht are knew to Town of Wappinger Zoning Board of Appeals Page 14 Minutes of January 10,2006 24 me. ........ 25 MR. FANUELE: Mr. Parsons? 2 MR. PARSONS: Do YOU mind if I 3 sit UP here'! 4 MR. FANUELE: Raise your hand. 5 Do you affirm under the penalty of 6 periury to tell the truth? 7 MR. PARSONS: Yes. Bill 8 Parsons. 224 Myers Corners Road. Town 9 ofWappiU!1er. New York. 10 Okay. as most of yOU know. I 11 liye in front of that property there. 12 the 3.6 acres of neil!hhorhood \3 business. The property is larl!er 14 than that. and years al!o. before 15 there was zoninl!. my mother. brother 16 and I used it for auto sales. salyal!e '- 17 yard and so on. About ten. fifteen 18 years al!O the Town decided they don't 19 want any ofthat there. so they 20 started doinl! some rezoninl!. The 21 first thinl! they rezoned is the auto 22 sales were not allowed there. The 23 reason that the auto sales is there 24 today is because he l!ot 25 l!randfathered. It iust continually 2 has had auto sales there. In the 3 process of the rezoninl! it was 4 decided that any neil!hborhood 5 business that auto repair would be 6 allowed and after some discussion 7 motorcycle sales. it said motorcycle 8 sales. but it also said beinl! the 9 type of businesses that they are that .......... 10 they should be on above normal size Town of Wappinger Zoning Board of Appeals Page 15 Minutes of January 10, 2006 11 and pieces of property. So, it was --..... 12 decided, and I was a partner at the 13 time. that's when Irene Pano was the 14 supervisor. that's when the Town did 15 the master plan and did the complete 16 rezone, it was decided businesses 17 such as that should have a minimum of 18 two acres for the sake of beinl! all 19 around and all the thinl!s that come 20 alonl! with it. Then of cou rse here 21 we had a situation that was unique, 22 in the sense that neil!hborhood 23 business onlv went back six hundred 24 feet. I'm not sure there's a line 25 anyway. there's a line on the map 2 that was to keep it to the road. 3 because it was residential all around ........- 4 it. Thev stuck with that. thinkinl! 5 yOU have to I!ive the proposal. that's 6 before yOU really and trulv and 7 honestlv makes a ioke of our zoninl! 8 ordinance. The auto sales, this 9 takes UP three acres. it's required 10 three acres. Thev have been there. 11 It's three acres. 3.6 acres. they're 12 neil!hborhood business. That leaves 13 six tenths of an acre. where the 14 applicant wants to put two 15 businesses, that are certainlv not 16 what you call neil!hborhood 17 businesses, each reQuirinl! two acres 18 ril!ht in the middle of that. On top 19 of that. which was broul!ht out at the 20 Planninl! Board meetinl!, one of them '-' 21 was a motorcvcle shop. Ifvou've Town of Wappinger Zoning Board of Appeals 22 ever listened to motorcvcles like we ........ 23 have since Julv of last vear, there's 24 a tremendous amount of noise comine 25 from there. They supposedly are not 2 doine business there. Somethine was 3 decided by the zonine people here, we 4 are not here to areue about that. 5 They sit out there and eun the 6 eneines, the windows rattline, the 7 cats and does in the neiehborhood all 8 run and hide, they drive in and drive 9 out. On top of that, if they decide 10 to have a eatherine, I can only II remember one when a half a dozen 12 showed uP. it's Quite a racquet to 13 hear them comine and eoine and so on. 14 That's part of it. The bie part of .......... 15 it is the town came up with a reason 16 behind zonine to have two acres 17 minimum of these auto repair kinds of 18 businesses. They belone someplace 19 where they're on two acres of 20 property with surroundine property, 21 places for their cars and all the 22 thines they do. They don't belone in 23 the neiehborhood such as ours. No 24 matter how yOU eet there. they eo 25 throueh Myers Corners. old aneels, 2 that area is residential and has been 3 for sometime. Our business started 4 there back in the late '40's while it 5 was farm land there. The people 6 moyed in, they accepted us because we 7 were there. We tried to be eood .""'--' 8 neiehbors and we were. We sold the Page 16 Minutes of January 10, 2006 Town of Wappinger Zoning Board of Appeals 9 propertv in 1979. It's continuin!! to ....... lO be an automobile business for awhile, 11 then it kind of dropped out a little 12 of this and a little of that. In '98 13 pick one. a corporation, thev in turn 14 turned it in into a contractor's 15 vard. The buildinl! itself, the 16 motorcvcle shop. which is the one 17 that stands out in this particular 18 request. buildinl! number two was a 19 woodworkinl! shop. I think evervone 20 in the neil!hborhood realizes. I 21 certainlv do, somethin!! commercial is 22 l!oinl! to be back there. it has been 23 and will be. There's a lot of thinl!s 24 that could be back there, thinl!s that 25 don't require two acres. don't .......... 2 require thinl!s to be annovinl! to the 3 neil!hborhood. All of these sorts of 4 situations that are trvinl! to be bv 5 the applicant who lives in White 6 Plains and he isn't l!oinl! to listen 7 to anvthinl!. As far as what it 8 reallv does, it doesn't hurt him. per 9 se. He boul!ht the DroDertv and knew 10 exactlv what he had there, and one 11 time he had it for sale for double 12 what he Daid for it. Good, that's 13 the American wav. As far as 14 increasinl! the value of the Drace. or 15 it needs to have these variances in 16 order to l!ive him the DrODer return 17 on his monev and so on. that don't 18 tlv. It's iust a case he Dut ~ 19 somethinl! in the buildinl! that Page 17 Minutes of January 10, 2006 Town of Wappinger Zoning Board of Appeals 20 doesn't require additional acreaees, ......... 21 which means it doesn't require a 22 variance. That's what we're here 23 about is the variance. We obiect to 24 the variance. I do. and a lot of the 25 neiehbors do. and obiect to it. Why 2 have zonine, ifvou're eivine a seven 3 hundred percent allowance. if yOU 4 have a half acre and yOU want to use 5 it for four acres. that's lauehine in 6 the face of zonine. That's all I 7 have to say for the time beine. 8 Thank you. 9 VOICE: Would yOU like me to 10 answer that or vou want the members 11 of the public? 12 MR. FANUELE: Let's see if ......... 13 anyone else wants to say somethine 14 first. 15 MR. PARSONS: We're havine this 16 open to the public. Can't we hear 17 the public instead of the other side 18 or have a bie contest? 19 MR. FANUELE: We'reeoineto 20 talk to the rest of the board. 21 MR. PARSONS: He's not the 22 public. He's the one that wants the 23 motorcycle shop. 24 VOICE: Ifvou want me to say, 25 I'm a tax paver. 2 MR. FANUELE: He's eoine to 3 talk to the board. He's not eoine to 4 are~e with the other people. 5 MR. PARSONS: I'll areue back ......... 6 aeain. Page 18 Minutes of January 10, 2006 Town of Wappinger Zoning Board of Appeals Page 19 Minutes of January 10,2006 7 MR. FANlJELE: Ifvou want to """ 8 make more comments aftel' the rest of 9 the audience makes comments. 10 State your name. 11 MR. SCHWARTZ: Michael 12 Schwartz. 13 I want to make yoU aware, I've 14 been livin!! in the County twenty-two 15 years. I was fourteen years in law 16 enforcement in Westchester County. 17 watched this county !!o from nothin!! 18 to evervthin!!. The county is 19 !!rowin!!. New York is pro business. 20 I'm not tryin!! to hurt any of these 21 nei!!hbors with my business. I'm sure 22 we're all aware what is all over TVs, 23 in the stores with motorcvcles. .......... 24 We're not trvin!! to make problems for 25 anvofthe people in the area. We're 2 trvin!! to run a business and brin!! 3 the area money. We're involved in 4 school Systems, we're inyolved in the 5 community. I own another store. a 6 computer store down the road. we have 7 been their since 1992. I'm not a 8 newcomer to the town. The last thin!! 9 I want to do is move in and make 10 pro~Iems for people. Mv doors will II alwavs be open to the public. I 12 mean, the area is !!rowin!!. It's a I3 !!reat thin!!. If we're !!oin!! back to 14 the !!ood old boy days and stop 15 pro!!ress. we !!ot trouble. Thank yOU 16 verv'much. "'- 17 MR. DELLACORTE: Can I ask yOU Town of Wappinger Zoning Board of Appeals Page 20 Minutes of January 10,2006 18 a Question? "'-" 19 MR. SCHWARTZ: Yes. 20 MR. DELLACORTE: I don't mean, 21 I want to address what Mr. Parsons 22 said about havinl! l!roups of 23 motorcycles and loud noises l!oinl! in 24 and out. You shook your head as if 25 it can't happen. 2 MR. SCHWARTZ: I can address 3 that. We fell into the spot in July 4 where we thoul!ht evervthinl! was fine 5 about the buildinl!. When I went to 6 apply for the New York State 7 licenses, I came to the town. You 8 have one of the third larl!est 9 wholesalers in the county in the 10 front buildinl!. The front buildinl! '-' II is the one where the motorcycles are 12 l!atherinl! and the cars are cominl! out 13 of. j don't own a motorcycle that's 14 rel!istered to be on the road in my 15 own use. I have motorcycles that I 16 own, none of them are rel!istered. I 17 do not ride a motorcycle. I would 18 like to make that clear. I drive the 19 truck everyday over there. At the 20 Planninl! Board which was spoken about 21 he made reference to a motorcycle 22 that was rattlinl! his windows. It's 23 the owner of the used car lot UP 24 front. He was told it was the owner. 25 He didn't realize it was the owner of 2 the used car lot. I don't own a 3 motorcycle that's rel!istered to be on "-" 4 the road. I have friends that come Town of Wappinger Zoning Board of Appeals 5 up and. ves. there are !!athered bikes "'-'" 6 durin!! the summertime that was with 7 the owner from the car lot. He has a 8 !!roup of people. I'm not !!oin!! to sav 9 what the !!roup is. it's not a club. 10 thev !!et to!!ether a couple of times a II week and thev pull into the lot. Can 12 I add a thin!!'! 13 MR. DELLACORTE: Yes. 14 MR. SCHWARTZ: Where this is 15 all located. this is a Countv road. a 16 busv Cou ntv road. Since the Taconic 17 Parkwav shut the close offs. people 18 are comin!! up and down the road. 19 There's a lot of noise out there. I 20 wish thev were all comin!! into The 21 Spot there. once I'm le!!al. It's a '--.. 22 busv road Route 9 in Pou!!hkeepsie. 23 MR. DELLACORTE: One more 24 Question. You said vou were law 25 enforcement in Westchester? ....,.. 2 MR. SCHWARTZ: Yes. I was with 3 Westchester Countv Corrections. 4 MR. FANUELE: Thank vou. Hold 5 vout Question. Mr. Parsons. 6 MS. W ALENBERG: Darlene. I live 7 at 123 Old An!!els Hill Road. 8 border the propertv. 9 MR. FANUELE: Do vou affirm 10 under penaltv ofperiurv to tell the 11 truth? 12 MS. W ALENBERG: Yes. 13 I a2ree with Mr. Parsons. I'm 14 verv concerned about the noise. I'm "'- 15 verv concerned about the !!atherin!!s. Page 21 Minutes of January 10,2006 Town of Wappinger Zoning Board of Appeals Page 22 Minutes of January 10,2006 16 We live in a neil!hborhood community. ........ 17 we have a firehouse. we have a 18 church. we have the ranl!e is what we 19 have. I also al!ree with Mr. Schwartz 20 that Route 9 is a very busy area. I 21 al!ree somethinl! like a motorcvcle 22 shop belonl!s not in our little 23 community area. that's why the zoninl! 24 has 'all the laws and that's why they 25 need all the variances to l!0 in 2 there. Al!ain. I al!ree with Mr. 3 Parsons. I'm very concerned about 4 the motorcvcle shop l!oinl! in there. 5 about the l!atherinl!s late at nil!ht 6 and the noise. I iust don't believe 7 it belonl!s in a small community area 8 like we are ril!ht there. ........ 9 MR. DELLACORTE: Darlene 10 Walenberl!. 11 MS. W ALENBERG: 123 Anl!els Hill 12 Road. Thank you. 13 MR. FANUELE: Anvbodvelse? 14 MR. SIMONETTI: John Simonetti. 15 236 Mvers Corners Road. Wappinl!er 16 Falls. 17 MR. F ANUELE: Do yOU affirm 18 under penaltv ofperiurv to tell the 19 truth? 20 MR. SIMONETTI: Yes. 21 Al!ain. mv concern is. readinl! 22 thisletter. lookinl! at the amount of 23 variances. I moved back into the area 24 five years al!o. it was a property 25 that was in the familv since the ''"'-- 2 earlv '40s. I know what Billv is Town of Wappinger Zoning Board of Appeals 3 talkin!! about. Mv concern is. a!!ain. """- 4 readin!! this letter and lookin!! the 5 at the amount of activity !!oin!! back 6 in there. it seems like it violates a 7 lot'of ordinances within the town 8 today. I find it hard to accept we 9 had been allowin!! this many variances 10 in the zonin!! and have zonin!! in 11 place~ To me it becomes a ioke if we 12 continue to iust let people do 13 whatever they want. 14 Mv concern is also with the 15 amount of traffic and safety and 16 noise. Just lookin!! at the zonin!! 17 rules I don't understand how we can '. 18 allow this to happen to us. 19 Thank you. "'--' 20 ,MR. FANUELE: Thank you. 21 Anvbodv else? Come on uP. 22 MS. MC CORT: Julia McCort. 23 Iiv~ 226 Mvers Corners Road. 24 MR. FANUELE: Do yOU affirm 25 under penaltv ofperiurv to tell the 2 truth? 3 MS. MC CORT: Yes. 4 .As yOU can reco!!nize bv the 5 address. this falls into mv backyard. 6 Basicallv Mr. Parsons and Mr. 7 Simonetti are on either side of me. 8 as well as the dealership. As I 9 spoke at the last meetin!!. the 10 Phinnin!! Board meetinl!. I voiced mv 11 c~ncerns about the amount of traffic 12 and noise. I a!!ree with Mr. Parsons '- 13 and Mr. Simonetti. The first one ~ Page 23 Minutes ofJanuary 10,2006 Town of Wappinger Zoning Board of Appeals 14 asks for the 6.4 feet. When yOU look "- IS at the !!rand scheme of thi n!!s. twenty 16 feet. 6.4. that's not a heck of a 17 lot. When you look at the other 18 three combined. seven square acres. 19 they're askin!! for that to be on 3.4. 20 that's makin!! a mockery of the zonin!! 21 lot. putlin!! a size ei!!ht into a size 22 four shoe. Pro!!ress needs to be put 23 in certain places. These rules are 24 put into place to make sure we're 25 adeQuatelv usin!! what is !!iven to us. 2 To put somethin!! on the property 3 th~t's not sized for would !!o a!!ainst 4 eve~,thin!! and protectin!! all the 5 land spaces. 6 MR. FANUELE: Anvbodv else wish "- 7 to make any comments? 8 MR. POTTENBERG: Kvle 9 PotteD ber!!. JOMR. F ANUELE: Do yOU affirm II under penaltv ofperiurv to tell the 12 truth. 13 MR. POTTENBERG: Yes. 14 I'm in a!!reeance with all the IS speakers that came here toni!!ht: Mr. 16 Parsons. Mr. Simonetti. Mr. McCort. , 17 I live directlv across the street 18 from the car dealership in Question 19 now: I don't have onlv the noise 20 cori1in!! out of that dealership when 21 his friends are there. we have the 22 problems with the !!as station and the 23 local' establishment The Spot at which "- 24 all hours ofthe ni!!ht there's cars Page 24 Minutes of January 10,2006 Town of Wappinger Zoning Board of Appeals '--' 25 tlvin!! in and out of there. noise. 2 As of last Sunday ni!!ht there were 3 some kids at the !!as station. they 4 had a radio blastin!! that was shakin!! 5 the, windows in the back of mv house. 6 I had to phvsicallv !!O over there and 7 I personallv asked them what their 8 address was. I had a few places I 9 would like to visit and turn mv radio 10 UP and a few thin!!s I have on mv 11 veh'icle. The concern about the noise 12 is the !!reatest thin!! there. As far 13 as the construction company there. in 14 the past they had made very minimal 15 amount of noise that effected mv 16 residence. At eleven. twelve o'clock 17 at ni!!ht there have been !!roups of 18 motorcvcles. The !!entleman doesn't '--' 19 oWll one. I'm misspoken on that. 20 There are vehicles. there are 21 vehicles l!oin!! in and out of there. 22 it disrupts the community and 23 residences alonl! the strip. As it 24 is. if's a very busy strip. 25 MR. FANUELE: Anvbodv else who 2 wishes to make any comment'! 3 MR. SIMEONE: Mv name is Frank 4 Simeone. I'm here on behalf of the 5 Parsons. I'd like to echo his 6 comments. You need to have me 7 affirm. sir? 8 MR. FANUELE: No. 9 MR. SIMEONE: Thank you. 10 Just. first of all. with 11 respect to the Question as to the ....... Page 25 Minutes of January 10, 2006 Town of Wappinger Zoning Board of Appeals Page 26 Minutes of January 10,2006 12 I!enesis or source of that one 13 motorcvcle that was referred to "-'" 14 earlier. or the noise cominl! from the 15 location alreadv. I iust point out in 16 the record before yOU there's a 17 letter from the buUdinl! department 18 sil!ned bv Georl!e Colbv Director of 19 Law Enforcement. November of2005. 20 He states with reference to havinl! 21 monitored onl!oinl! work in the 22 buUdinl!. His detcrmination that it 23 does not rCQuire a buildinl! permit. 24 hc states. the perspective tenant has 25 been contacted about the allel!ed 2 motorcvcle noise. has informed me he 3 owns a motorcvcle and rel!ularlv rides 4 it tocthe sitc. Quote. There's 5 another tenant involved. aside from .........- 6 Mr. Schwartz. and at least with 7 respect to one item your record 8 discloses -- 9 MR. PRAGER: Before YOU I!O 10 further. we do not have a cOPV of 11 that letter. 12 MR. McEVOY-RILEY: How did YOU 13 I!ct it? 14 MR. SIMEONE: I'll provide it. 15 It was a letter to Mr. Kantor. Mr. 16 Parsons' previous attorney in the 17 matter. 18 'MR. PRAGER: We iust don't have 19 a co,pv. 20 MR. SIMEONE: Just Quicklv. 21 I'll try not to -- I would like to 22 remind the board. or point out to the ~ Town of Wappinger Zoning Board of Appeals 23 board the standards that your own 24 zonin!! code compel yOU to follow with --.. 25 respect to an application such as 2 this. This is under the area 3 variances portion. where you're asked 4 to make a determinatiop on 5 application for area variance, the 6 board of appeal shall consider the 7 benefit to the applicant. as well as 8 to t~e health. detriment and safety 9 of the neil!hborhood or community with 10 respect to specific items, whether an II undesirable chan!!e will be 12 considered. also whether the proposed 13 variance will have an adverse effect 14 or Impact on the phvsical 15 environmental conditions on the 16 neil!hborhood. Lastlv, referrinl! to --.. 17 the need to protect and preserve the 18 character of the community. the 19 heal,th. safety and welfare of the 20 community, 21 It's obvious from the comments 22 made tonil!ht. and I believe the 23 comments made at the Plannin!! Board 24 last week, the noise is a maior 25 concern with respect to the 2 nei~.hbors, and I would point out that 3 alslryour codes do require. or do 4 all~w YOU with respect to performance 5 standards under your code, and this 6 is in 14101 of the code. to see to it 7 the Jerformance standards are met and 8 continued, this includes noise 9 standards. includin!! the control of '- Page 27 Minutes of January 10, 2006 Town of Wappinger Page 28 Zoning Board of Appeals 10 noise perceptible bevond the II bou\l,.daries of the site for use and .'- 12 with respect sound level meters shall 13 be emploved. Then with respect to 14 the case of an application for the 15 establishment of the use. that this 16 now I!oes to the Planninl! Board, I 17 believe it should be considered bv 18 vour board that obviouslv various 19 requirements mav be made to the 20 applicant in connection with thcir 21 abilitv to assure this board that in 22 I!rantinl! the area variances those 23 performance standards will be met. 24 would like to point out with respect 25 to matters that are before vou in the Minutes of January 10,2006 ~ , ~ .\. '. ......... Town of Wappinger Zoning Board Qf Appeals , 2 recl/l-d that I reviewed on Friday, I ........ 3 believe your planner has pointed to 4 the need for determination of the 5 number of employees who are lwin!! to 6 be at each of these locations, 7 buildin!!s two and three, so the 8 ap~ropriate parkin!! re!!ulations can 9 be met. That specifically this a!!ain 10 !!oes to the Plannin!! Board, a!!ain it 11 !!OeS to the appropriateness of an 12 area variance here bein!! sou!!ht. The 13 site plan must desi!!nate the area 14 where vehicles will be stored. 15 Lastly, I'd like to point out 16 with Tespect to the conformin!! uses 17 in the matter previously submitted to 18 YOU by Mr. Parsons' prior attorney, ........ 19 or submitted to the zonin!! 20 administrator, in any event, it's in 21 the record, the point was made with 22 respect to your code and conformin!! 23 uses. The burden is on the applicant " 24 to,i:Jemonstrate the preexistin!! non 25 conformin!! uses have not been 2 disc'ontinued by virtue of the min!! 3 which hasn't been made. I haven't 4 seen it in the records and I looked 5 at the record as recently as Friday. 6 It's the applicant's burden there are 7 preexistin!! non conformin!! uses. 8 respectfully disa!!ree with Mr. 9 Walsh's characterization those uses 10 have been discontinued as 11 demonstrated in the record before \ '- 12 you. Page 29 Minutes ofJanuary 10, 2006 Town of Wappinger Zoning Board of Appeals Page 30 Minutes of January 10,2006 13 MR. DELLACORTE: May I see the ""-" 14 letter that YOU were referrinl! to'! 15 MR. SIMEONE: Sure. The 16 portion I read is ril!ht down there. 17 MR. DELLACORTE: This is 18 referrinl! to Mr. Schwartz. 19 MR. SIMEONE: I l!uess there's 20 another applicant. I don't know who 21 it's referrinl! to. 22 MR. FANUELE: We'lIl!et a COpy 23 of that. 24 MR. PRAGER: We're not l!oinl! to 25 make a decision tonil!ht. 2 MR. SIMEONE: I should say. by 3 the 'way. iust to clarify. it's 4 another applicant for the motorcycle 5 sho/>o not an applicant with respect ....... 6 to another buildinl!. We have to have 7 Mr: Coby here to clarify it has to do 8 with another applicant. There's two " 9 names on the application. on the 10 application for the motorcycle shop. II I belieye so. 12 -MR. WALSH: May I ask Mr. 13 Schwartz one Question in public'! 14 Doe.s Jerry drive a motorcycle to . IS work? 16 . MR. SCHWARTZ: Jerry is afraid 17 to sit on a motorcycle. 18 MR. WALSH: While many people 19 drive motorcycles on a rel!ular basis. 20 before I came here today. obyiously 21 my company represents a different 22 number of entities. I was in Garrison '- 23 for the Citl!o station to be on route \ Town ofWappihger Zoning Board of Appeals 24 9, he'rode UP on a Harlev, the ~ 25 president of Citl!o, people travel on 2 motorcvcles, at least one person has 3 a motorcvcle in the area, that's the 4 person in the front buildinl!, 5 evervthinl! else is a total 6 speculation as to noise in the 7 future, While this was broul!ht to 8 our attention bv members of the 9 public, includes the Simonetti before 10 and Mr. Parsons, one of the concerns 11 broul!ht out at the Planninl! Board 12 meetinl! was the owner's concern. 13 That's not Mr. Parsons sittinl! UP 14 here. He advertises this site on the 15 internet as if he owns it, 228 Mvers 16 Coiners Road. I'll submit that YOU ........ 17 have that in there as Parsons, as an 18 automobile dealership YOU own ril!ht 19 no.w on the site. Of course that's 20 not somethinl! -- 21 Mav I see that? 22 Mn.. FANUELE: That's not 23 pertinent. 24 MR. PARSONS: The property was 25 sold in 1979. 2 MR. WALSH: It was still on 3 there as a dealer in this area. 4 MR. FANUELE: Unless YOU could 5 tie it tOl!ether, it has nothinl! to do 6 with the variance. 7 MR. WALSH: In addition to what 8 we't:e talkinl! about with the whole 9 discussion about the Question of a '-- 10 ioke on the site, your zoninl! Page 31 Minutes of January 10,2006 Town of Wappinger Zoning Board of Appeals Page 32 Minutes of January 10, 2006 11 ordinance is very clear, your zonine: ........ 12 ordinance discussed as a neie:hborhood 13 zone on the site. I asked because I 14 was concerned what else yOU mie:ht 15 like to see there. He said I should 16 applv for a zonine: chane:e with the 17 Town Board, tear the buildine: down 18 and make them houses. That's one way 19 of treatinl! the site. That's not the 20 way the Town did it. When the Town 21 put a neil!hborhood zonine: on this, 22 they do allow motorcvcle shops and 23 auto repair shops. they l!ive YOU the 24 power, they write in it the 25 ordinance, YOU have the power, 2 especiallv when the sites comply with 3 the other requirements, there is an ......... 4 auto repair shop, lifts and 5 evervthinl! set uP. It's been that 6 way forever. They savas lone: al!O as 7 yOU have the requirement ofthe site, 8 the minimum acreal!e is somethinl! for 9 your determination. Thev allow that lOin the code, both section 24067 II relative to motor vehicle sale 12 establishments, 24070 section G and 13 24070 section I. 14 ,'Counsel earlier mentioned 15 certain thine:s that apparently he 16 thoul!ht weren't complied with. The 17 Planninl! Board, he's looldnl! at older 18 files, if YOU look at the site plan 19 cu'rrentlv before the Planninl! Board, 20 it investil!ated the number of .......... 21 emplovees in the buildine:, did the Town of Wappinger Zoning Board of Appeals 22 Darkinl! calculation based on those --.,., 23 emDlovees. The Planninl! Board asked 24 the Questions. all were broul!ht out 25 with them. as far as the number of 2 Darkinl! SDaces required for DeoDle 3 cominl! on the site. et cetera. That 4 lot was laid out on the site Dlan at 5 the Planninl! Board's instructions. 6 with the assistance of your 7 Drofessional staff and with the 8 assistance of everybody in the 9 buihlinl! of what is required. What 10 we have here. we have buildinl!s -- II one other Doint. there's a Dackal!e in 12 there. yOU have to look in Tanva's 13 files. addresses on the issue of the 14 I!randfather. how lonl! this was done. 15 It's not somethinl! that her oosition ..... 16 was that the Internal Revenue Service 17 Deoole -- 18 MR. PRAGER: Let's talk to us. 19 MR. WALSH: That the oeoDle who 20 ran the shoo were not oeoole who were 21 caterinl! to the I!eneral DubHe. That 22 was the result of the discussions we 23 had. These were oeoole who were 24 caterinl! to soecific interests: ie. 25 the forty vehicles beinl! auctioned 2 off and that kind of thinl!. She felt 3 very resDectful oDinion that wasn't a 4 continuation beyond the last year or 5 so when the shoos were closed down bv 6 the oeoole. The trick is. they are 7 sho~s. that's what it's there for. .......... 8 The oaintinl! buildinl!. it was a Page 33 Minutes of January 10,2006 Town of Wappinger Zoning Board of Appeals 9 woodworkin!! shop. it's a detailin!! ....... 10 shop for the cars on the premises and 11 beiu!! sold. that's been there and has 12 been there for many many Years. Back 13 to the buildin!! in the front. The 14 buildin!! in the front they discussed IS as an auto dealership reauirin!! X 16 amount of acres. J'eauirin!! three 17 acres. Ri!!ht now they're on 18 approximately point six of an acre. 19 They have been. There's a letter 20 from the Town Attorney discussin!! 21 that the use of the auto sales 22 !!ra~dfathered. they aren't in the 23 ba~k and never have been. they are in 24 the very narrow area UP front. 25 That's the way the lease is and 2 continues. Doesn't say they're in ....... 3 the hu!!e thin!!. You walked the lot. 4 Th('1's nothin!! else in the back. We l 5 had a discussion before we submitted 6 the plan for the public hearin!!. what 7 about ni!!ht use of the premises. 8 There's none whatsoever. Gates 9 closed off. Nothin!!. No occupancy 10 in the back in the evenin!!s. No 11 !!atherin!!s of any sort. This is not 12 the intent of Mr. Schwartz. not that 13 it be a motorcycle shop that attracts 14 !!atherin!!s. sell bikes and his shop 15 will'do custom detailin!!. It will be 16 full~ in the character of the 17 nei!!hborhood business. They're also 18 re!!ulated by and will be re!!ulated --..... 19 by. i-n fact. we told Mr. Schwartz Page 34 Minutes of January 10,2006 Town of Wappinger Zoning Board of Appeals 20 we're puttin!! that in the lease. Your '-' 2] noise ordinance. which is article 240 22 section] 03. Thev have to complv 23 with that. Ifthev don't complv with 24 that. out they !!o. It's 25 notwithstandin!! the fact people in 2 the nei!!hborhood live in the business 3 zone. Thev live in a zone that's a 4 bus(ness zone. Thev should expect 5 the noise. Tanva's office and 6 Geor!!e's office can enforce that. 7 We're interested in makin!! absolutelv 8 certa.in these are the proper kinds of 9 tenants to have in the buildin!!. ]0 Ri!!ht now two buildin!!s that are ] ] shops. two buildin!!s that we have ] 2 potential tenants for them. Even '-' I3 obviouslv we have to come here and to ]4 the plannin!! board. Mr. Simonetti ] 5 ca_~~ UP and spoke about that. ]6 Ob~iouslv at the Plannin!! Board they ] 7 asked for certain thin!!s in terms of 18 fences and we told them in the back 19 toniliht what was comin!!. Here the 20 issue is can we have the two small 2] businesses in the back. and that's 22 !!randfathered. Thev had asked us to 23 ask for a variance. what they termed 24 to Ic!!itimize it in the front. It's 25 a small area in the front of the 2 buildin!! for the automotive repair. 3 Thev !!et a very particular area in 4 the front and have the emplovee 5 parkin!!. I'll pass that alon!! to YOU ........ 6 in a minute. We'll make sure YOU !!et Page 35 Minutes of January 10,2006 Town of Wappinger Zoning Board of Appeals Page 36 Minutes of January 10,2006 7 t,. a COIlV. The site plan has been ......... 8 submitted to the board as our 9 evidence to Tanva on the need for 10 interpretation. .. 11 MR. FANUELE: Anvbodv else that 12 wants to comment? 13 MR. PARSONS: I'd like to clear 14 the business UD who's ridine: the 15 motorcvcle. I look out the back door 16 and I see a motorcvcle come in and 17 Dark in front of buildine: number two. 18 which has four or five ovcrhead doors 19 in front of it. I hear it runnine:. 20 I hear it shut off. I see the Deople 21 walk around to the side where the 22 entrince is to buildine: two. The one 23 !!atherin!! wc had was behind the ......... 24 fence;.;nowhere near the auto dealer 25 there bv buildin!! number two. I want 2 that clear. In the letter that came 3 fronlGeor!!c. Drettv much states the 4 same thin!!. Who is the owner who's 5 ridin!! thc motorcvcle to work and who 6 isn't. I don 't know. Alii can tcll 7 YOU the motorcvcle is not out front 8 in the auto dealership. out back in 9 buildin!! number two. As far as the 10 motor ShOD and it's use. in the past II the~ are no lifts. it was a bear 12 floor with a low ceHin!! used for 13 many thin!!s. We used it for an auto 14 bodY'sh.OD. The last people in there 15 used it for a woodworkin!! shop. Thev 16 remodeled it. did all kinds offancv ......... 17 woodworkin!!. No lifts or anvthin!! in Town of Wappinger Zoning Board of Appeals ,I 18 that,' ".... 19 MR. WALSH: The lifts are in 20 buildin!! three. 21 MR. PARSONS: The business of 22 the zonin!! will end UP in a court of 23 law: The zonin!! ordinance says in 24 order for yOU to have an auto sales 25 there and !!randfathered. whatever yOU 2 have to have. three acres and that 3 has to be three acres taken out of 4 it. That's why they're askin!! for 5 the variance. The auto sales -- the 6 auto sales takes UP three acres. 7 takes Uf) three acres whether it 8 phvsicallv takes it UP. le!!allv. 9 mentallv. whatever. still says three 10 aer,es to be there. Ifvou're !!oin!! '-'" II I to u.se the rest of the property. 12 that's what they want to do. That 13 lea.ves six-tenths of an acre. Thev 14 need four acres for the other two 15 buildin!!s. Thev need the variances 16 and the variances are !!ross. it's 17 hu!!e. Well. how far. how often. 1 18 know vou've been around here a Ion!! 19 time and sat on the board. somebody 20 comes in. I have a half acre and !!ive 21 me a variance for four acres so I can 22 put four businesses in there. 23 MR. WALSH: Let's not for!!et 24 who built the buildin!!s at this site. 25 the Parsons did years a!!o. not done 2 with site plans. When yOU !!o throu!!h 3 the site plans here there was nothin!! '-"" 4 at all. Thev built whatever they Page 37 Minutes of January 10, 2006 Town of Wappinger Zoning Board of Appeals \ '\ 5 wanted, when they wanted, put it UP ........ 6 and ran the businesses and Jay 7 Parsons is listed as the owner now, 8 which- is not this Mr. Parsons, one of 9 them where we're at ril!ht now. 10 MR. FANUELE: The Question of 11 who owned -- 12 MR. PARSONS: I'Ye been a used 13 -- Art Leiberman boul!ht the buildinl!, 14 the property and eyervthinl! else. He 15 wanted to use the Parsons' name. We 16 made it Arty and Judy, and Judy was 17 the sister, and A&J Parsons, that's 18 where it was there on in. Nothinl! to 19 do with myself or my brother. 20 MR. WALSH: That's what he 21 saV' We know it's not as "-" 22 instrumental, as far as this is 23 concerned. It's instrumental in 24 mal{jnl! a determination, how do we 25 want to treat this in the Iil!ht of 2 the neil!hborhood as it is now. 3 Resilectfully submitted, these two 4 small local businesses would be 5 better than one larl!e hUl!e, larl!e 6 institute. 7 MR. FANUELE: We'll have to 8 determine that. If there's nobody 9 else; 10 MR. SIMEONE: A couple of 11 items. First of all, with respect to 12 use at nil!ht, I belieye it's in your 13 file. it's al!ain somethinl! that I 14 received when we reviewed the file on '- 15 Friday, a letter sil!ned by Mike Page 38 Minutes of January 10,2006 Town ofWappi~ger Zoning Board of Appeals Page 39 Minutes of January 10,2006 16 Schwartz dated Julv 29th, 2005. It ........ 17 concludes bv statin!!, we would 18 poss'iblv have one ni!!ht a week we 19 would be open until nine p.m. 20 addressed to the zonin!! 21 administrator. 1 want to point out 22 with respect to a packa!!e that Mr. 23 Walsh savs is in the Zonin!! 24 Administrator's file, I believe vour 25 planner specificallv asked for, with 2 respect to the setback and with 3 respect to the !!randfathered uses, 4 that vou have a findin!! from the 5 zonin!! administrator, not a packa!!e 6 submitted to her. I've seen the 7 packa!!e, it's c1earlv somethin!! that 8 could be ar!!ued, I think verv ',-" 9 effectivelv, a!!ainst what Mr. Walsh 10 sllbmits it demonstrate with respect , 11 to'j!.randfatherin!!. I have not seen 12 anvthin!! in vour file from the zonin!! 13 administrator maldn!! that findin!! or 14 indicatin!! to vou that's the findin!! 15 as vour planner and also the Dutchess 16 Countv Plannin!! and Development Board 17 su!!!!ested that it be made. 18 Lastlv. I would like to assure 19 the- board I will provide a copv of 20 that letter and !!ive it to vou r 21 secretarv, or I'll put it in the 22 mail. 23 MR. DELLACORTE: Submit the 24 other one too, vou iust talked about. 25 MR. SIMEONE: I'm sorrv. 2 Absolutelv. ~ Town of Wappinger Zoning Board of Appeals Page 40 Minutes ofJanuary 10, 2006 3 MR. WALSH: That's not part of 4 this board. We've had many ,...... 5 discussions at the Plannin!! Board 6 level since Julv. That's where there 7 was a lluestionin!! about evenin!! 8 hours. There wasn't anv -- that's 9 been a determination. it was in our 10 lease, it will be a findin!! of them 11 if we !!et to the sta!!e. 12 MR. SIMEONE: With respect to 13 what"the property mi!!ht hold for the 14 future; I'd also point out in the 15 narrative that was filed with the 16 zoninl!. administrator on October 27, 17 2005, the last paral!raph of Mr. 18 Walsh's letter, this is what he calls 19 the narrative to the supplement site 20 plan~lin!!, he states. no ~ 21 application is made at this time for 22 any other use, other than as used in 23 the past. That's ar!!ued further 24 beyond the ei!!hteen emplovee parkin!! 25 spaces permitted in the R40 zone 2 referenced in Mr. Robert's letter. no 3 use of the R40 site is contemplated 4 at this time. However. in the future 5 this may be the subiect of a zonin!! 6 chanl!e petition to the town. It's 7 hard to ima!!ine the use with the R40 8 at the rear. of an automobile 9 facilitv without separate road 10 access. What we can call 11 incremental. This neil!hborhood 12 business zone is rapidlv becominl! 13 somethin!! other than the application ....... 14 before you. would rapid Iv become "- Town ofWapp'inger Zoning Board of Appeals Page 41 Minutes of January 10,2006 15 somethinl!: verv different. ........ 16 MR. FANUELE: We had a lot of 17 comments today, and is there any ,. 18 chance of the board l!:ettinl!: a -- I'll 19 'make a motion we adiourn the public 20 hearinl!: until basically when yOU can 21 l!:et a COpy to us. I don't know how 22 I?nl!: it will take to l!:et a COpy. 23' MR. SIMEONE: Can we l!:0 to the 24 28th of February. 25 MR. FANUELE: 28th of February. 2 MR. WALSH: That's not 3 acceptable. We have public hearinl!:s 4 cdntinuinl!: with the Planninl!: Board. 5 We ask respectfullv to be on 24th of 6 this month. 7 MR. PRAGER: I will not be here 8 on' the 24th. ....... 9 . MR. FANUELE: We have to l!:et a 10 COPy and review it by the 24th. II . MR. WALSH: I'm absolutelv 12 certain the l!:entleman is capable of 13 doinl!: it relativelv Quickly. 14 MR. SIMEONE: Ifvou're willinl!: 15 to pav for a rush COPY. 16 MR. WALSH: You broul!:htthe 17 stenol!:rapher. I don't see why we 18 have to adiourn for two months. 19 MR. FANUELE: It will take her 20 time to put it in the minutes. The 21 two weeks is kind of short. The six 22 weeks mil!:ht be a little too lonl!:, but 23 the bel!:inninl!: ofFebruarv. 24 MR. DELLACORTE: 14th of "-' 25 Februarv mil!:ht be a l!:ood compromise. Town of Wappinger Zoning Board of Appeals Page 42 Minutes of January 10, 2006 2 MR. SIMEONE: I'll have to have "..,. 3 someone else. I'll respect the 4 board's decision. 5 MR. WALSH: I would ask the 6 board keep it on until the 20th of 7 Januarv. 8 MR. FANUELE: It will be kind 9 of short schedule. Februarv 14th 10 will be closer. 11 MR. WALSH: Rel!:ister mv 12 obiection. Obviouslv I'd like to 13 keeu the matter movinl!:. 14 MR. FANIJELE: We heard from a 15 lot of people. We still have to 16 understand what thev said and think 17 about what thev said and put an 18 answer. 19 MR. WALSH: Look at the front ........ 20 buildinl!: al!:ain where the theorv that 21 thev should be on three acres. even 22 thou"l!:h thev never have been. which is 23 ridiculous in mv respectful opinion. 24 MR. PARSONS: It was on three , 25 acres and then some a lonl!: lonl!: time. 2 MR. FANUELE: We need time. 3 MR. WALSH: Ifthe board wants 4 another inspection. I would ask vou 5 to do that after the 24th ofthis 6 month. 7 MR. PARSONS: That was used for 8 three acres and four acres. the sales 9 in the front for a lonl!: time. 10 MR. FANUELE: Adiourn the ~ 12 pu~lic hearinl!: until Februarv 14th. MR. WALSH: Over mv obiection. 11 Town ofWapp'inger Zoning Board of Appeals Page 43 Minutes of January 10, 2006 13 I unllerstand. "'"' 14 MR. FANUELE: All in favor? 15 MR. DELLACORTE: Tuesdav. 16 Februarv 14th. l)Ublic hearin!!. 6 CERTlFICA TlON 9 This is to certifv that the fore!!oin!! 10 is a true and accurate record of the "earin!! 11 as taken and transcribed bv me. Joseph Jacobv 15 Court Reporter Mr. Fanuele: Mr. DellaCorte: Vote: Motion to adjourn the public hearing to February 14, 2006. Second the motion. All present voted aye. J Mr. Fanuele: Just a few items, Trans Star is on hold, RJA is in abeyance, we are still looking for information on Stear Subdivision from Marco and information on the Association of Towns Conference. Mrs. Roberti: I will speak to Marco regarding Stear and Mr. Ruggiero regarding the Association of Towns. .......... Ms. McEvoy-Riley: Mr. Prager: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 9: 15 PM ;..' Respecttl;lly SUbJt1itteC./) ~ . ( ,.,.(J /' /' II/./ ) ".:J!/ill(?i/(/ ~c-t / Barbara RobertI, Secreta Secretary - Zoning Board of Appeals "-'"