2006-03-14
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Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: March 14, 2006
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Discussions:
Appeal No. 06-7300
Jose & Delia P02VO- Seeking an area variance of Section 240-37 of District Regulations in an R-
20 Zoning District.
-Where a front yard setback of 35 feet is required, the applicant is proposing a front yard
setback of 15 feet 8 inches to allow for a 4 X 8. 5 foot front porch, thus reQUestin2 a variance
of 19 feet, 4 inches.
The property is located at 49 Old State Road and is identified as Tax Grid No. 6057-04-720034
in the Town of Wappinger.
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Appeal No. 06-7298
DCH Investments, Inc.- Seeking an use variance of Section 240-37 of District Regulations in an
HB Zoning District.
-Proposing an automobile inventory parking lot without an associated principal use.
The property is located at Old Route 9 & Curry Road and is identified as Tax Grid No. 6157-
02-553618 in the Town of Wappinger.
Appeal No. 06-7301
Herbert H. Redl- Seeking an area variance of Section 240-70 A of District Regulations in an HB
Zoning District.
-Seeking an area variance of Section 240-70C of District Regulations in an HB Zoning
District.
-Where a minimum lot area of 2 acres is required for an automobile repair garage, the
applicant can provide 2.15 acres total and proposes to use 1.7 acres for Inventorv Parkin2,
thus reQUestin2 a variance of 1. 5 acres.
The property is located at Old Route 9 & Curry Road and is identified as Tax Grid No. 6157-
02-553618 in the Town of Wappinger.
Executive Session
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Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of March 14, 2006
MINUTES
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Town of Wappinger
Zoning Board of Appeals
March 14,2006
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members Present: Mr. Prager,
Mr. DellaCorte,
Mr. Warren,
Vice-Chairman
Member
Member
Member Absent:
Mr. Fanuele, Chairman
Ms. McEvoy-Riley Member
Others Present:
Mr. Caviglia,
Mrs. Lukianoff,
Mrs. Roberti,
Special Counsel
Zoning Administrator
Secretary
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SUMMARY
Discussions:
Jose & Delia Pogyo
-Applicant didn't attend meeting.
DCH Investments
-On hold.
Herbert H. Redl
-On hold.
Executive Session
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Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of March 14,2006
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Appeal No. 06-7300
Jose & Delia POI!VO- Seeking an area variance of Section 240-37 of District Regulations in an
R-20 Zoning District.
-Where a front yard setback of 35 feet is required, the applicant is proposing a front yard
setback of 15 feet 8 inches to allow for a 4 X 8. 5 foot front porch, thus reQUestin2 a variance
of 19 feet, 4 inches.
The property is located at 49 Old State Road and is identified as Tax Grid No. 6057-04-720034
in the Town of Wappinger.
Mr. Prager:
It appears Mr. Pogyo didn't come tonight so we will put them off to the
next agenda.
Appeal No. 06-7298
DCH Investments, Inc.- Seeking an use variance of Section 240-37 of District Regulations in an
HB Zoning District.
-Proposing an automobile inventory parking lot without an associated principal use.
The property is located at Old Route 9 & Curry Road and is identified as Tax Grid No. 6157-
02-553618 in the Town of Wappinger.
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Appeal No. 06-7301
Herbert H. Redl- Seeking an area variance of Section 240-70 A of District Regulations in an HB
Zoning District.
-Seeking an area variance of Section 240-70C of District Regulations in an HB Zoning
District.
-Where a minimum lot area of 2 acres is required for an automobile repair garage, the
applicant can provide 2.15 acres total and proposes to use 1.7 acres for Inventory Parkin\!,
thus reQuestin\! a variance of 1. 5 acres.
The property is located at Old Route 9 & Curry Road and is identified as Tax Grid No. 6157-
02-553618 in the Town of Wappinger.
BOTH APPEALS ARE BEING HEARD AS ONE PARCEL OF PROPERTY
Present:
Larry Paggi - Engineer
Lee Bums - General Manager for DCH Investments
Mr. Paggi:
This is a little complicated but I will give you my interpretation and
Tania can help me clarify this. This property is located at the comer
of Curry Road and Old Route 9, the one with the stone garage on it.
Currently this is a motor vehicle repair garage which is an allowed use.
There are also trailers on the rear portion of it for storage which is also
allowed. Mr. Redl owns the property and DCH and Mr. Redl have
come to an agreement to allow DCH to rent the rear portion which is
not being used for the motor vehicle repair. The site as it exists is
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Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of March 14,2006
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rather unsightly and with this deal all the trailers would go. The site
would be cleaned up and used for inventory parking. There would be
some lighting added and extensive landscaping. The planning board
has sent us to you because the site is currently just over two acres and
my understanding is that the 2 acres would have to be attributed to the
motor vehicle use because the zoning code requires two acres even
though they are not using the back property, so that is one of the
varIances.
Mr. Prager:
Who owns the property?
Mr. Paggi:
Herb Redl. He owns the property and building.
Mr. Prager:
What is DCH looking for?
Mr. Paggi:
To rent the rear portion for the storage of their cars.
Mr. Prager:
You do realize what you have to go through to get a use variance? It's
very difficult. You have to prove to us that this property cannot realize
a reasonable return and someone will have to come in here with
financial documents to prove that to us.
Mr. Caviglia:
There are four requirements for a use variance. There is financial
hardship as one of them. You will have to show competent evidence
and the board can still question it.
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Mr. Bums:
Mr. Redl would have to prove that.
Mr. Paggi:
So even though the town wants the trailers cleaned up it doesn't
matter?
Mrs. Lukianoff:
This addresses the fine print as a principal use for an accessory use.
Mr. Paggi:
Is there another avenue for us?
Mr. Bums:
So Herb needs to show to this board that he can't get a financial return
on this?
Mr. Caviglia:
Yes, he has to show no reasonable return and it must be substantial.
The ZBA may also ask you to put up escrow for the review of the use
variance. There are also three other factors that also must be met.
Marco read the section of the code to the applicant.
Mr. Paggi:
So the direction from the ZBA is that we can't meet this and that's the
end of the story?
Mr. Prager:
Yes.
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Town of Wappinger
Zoning Board of Appeals
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Mr. Paggi:
Mr. Prager:
Mr. Caviglia:
Mr. Bums:
Mrs. Lukianoff:
Mr. Burns:
Mr. Lukianoff:
Mr. Bums:
Mrs. Lukianoff:
Mr. Bums:
........
Mrs. Lukianoff:
Mr. Paggi:
Mr. Prager:
Mr. Paggi:
Mr. Prager:
Mr. Paggi:
Mr. Prager:
Mr. Warren:
Mr. DellaCorte:
Vote:
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Page 4
Minutes of March 14,2006
What ifhe rented us the building with the land, then we would have a
primary use on the property.
Then that might be ok.
What would be the use of the building?
Accessory installation on the vehicles.
Would that also be a repair garage?
Not really.
Remember there needs to be a principal use to be able to have the
parking.
We could pretty much use the building however you need us to use the
building.
Then that might be ok.
The existing lease is for at least 8 more months. Is there something we
can agree on as part of a resolution?
You would need to be the contract vendee in writing.
Then we can go back to the PB.
The next step I believe is to go back to Herb Redl at this point.
Can we put this application on hold for now while we look at our
options?
Yes that would be fine.
Thank you.
Mr. Pogyo still didn't show so we will put him on the next agenda.
Motion to go into executive session.
Second the motion.
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of March 14, 2006
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Mr. Warren:
Mr. DellaCorte:
Vote:
Motion to come out of executive session.
Second the motion.
All present voted aye.
Mr. DellaCorte:
Mr. Warren:
Vote:
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 8:30 PM
Respectfully Submitted,
t__;;~l/id:ltt (/[v3-t!tyk--
Barbara Roberti, Secretary
Secretary - Zoning Board of Appeals
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