2006-08-22
ZONING BOARD OF APPEALS
August 22, 2006
Agenda
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Town of Wappinger Zoning Board of Appeals
MEETING DATE: August 22,2006
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve minutes for July 11, 2006.
Approve minutes for July 25, 2006.
Approve site minutes for July 29, 2006.
Adjourned Public Hearing:
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Appeal No. 05-7289-7290-7291-7292
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 reauired, the applicant is proposing a side yard setback of 13.6 feet to allow
for an existinl! metal shed. thus reauestinl! 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 reauired for motor vehicle sales use in buildinl! # L the applicant is proposing a total
lot size of 3.6 acres. thus reauestinl! 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 reauired for a proposed repair l!aral!e use in buildinl! # 3, the applicant is proposing .!!
total lot size of 3.6 acres. thus reauestinl! 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.
Closed the public hearing on April 25, 2006. Expires on June 26, 2006. Applicant granted one day extension to June 27,
2006.
Public Hearing:
Appeal No. 06-7318
Ralph Costa- Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning
District.
- Where a rear yard setback of 40 feet is required, the applicant is prOPOSifil! a rear yard setback of 20.5
feet, to allow for a new single family house, thus reQuestin!!: a variance of 19.5 feet.
The property is located at 64 Kent Road and is identified as Tax Grid No. 6258-03-493027 in the Town
of Wappinger.
Discussions:
Appeal No. 06-7319
Ed Baisley- Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning
District.
-Where a rear yard setback of 50 feet is required. the applicant is proposin!!: a rear yard setback of 15
feet, to allow for a 20' X 40' garage with electric, thus reQuestin!!: a variance of 35 feet.
The property is located at 2 Old State Road and is identified as Tax Grid No. 6057-04-840169 in the
Town of Wappinger.
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ZONING BOARD OF APPEALS
August 22, 2006
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Appeal No. 06-7320
Roseann Basilone- Seeking an area variance of Section 240-37 of District Regulations in an R -40 Zoning
District.
-Where a side yard setback of25 feet is required, the applicant is proposine: a side setback of 15 feet. to
allow for a 16' X 16' addition, thus reQuestine: a variance of 10 feet.
The property is located at 36 Kendell Drive and is identified as Tax Grid No. 6257-01-315538 in the
Town of Wappinger.
Appeal No. 06-7321
Theresa & Anthony Mae:liulo- Seeking an area variance of Section 240-37 of District Regulations in an R-
40 Zoning District.
- Where a rear yard setback of 50 feet is required, the applicant is proposine: a rear side setback of 40
feet. to allow for a 15' X 30' above ground poo~ thus reQuestine: a variance of 10 feet.
The property is located at 35 Nicole Drive and is identified as Tax Grid No. 6257-01-335547 in the Town
of Wappinger.
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Appeal No. 06-7299
John Dee:nan - Seeking an area variance of Section 240-37 of District Regulations in an HD Zoning
District.
- Where a lot depth of 300 feet is required, the applicant is proposine: a lot depth of 260 feet to allow for a
pre-existing condition, thus reQuestine: a variance of 40 feet.
The property is located at 1708 Route 9 and is identified as Tax Grid No. 6158-02-543530 in the Town of
Wappinger.
(Public Hearing was closed on April 11, 2006. 62 days set to expire on June 12, 2006,
extension granted to September 10,2006.)
Applicant is now granting an additional six month extension while they appear before
the planning board. This extension would begin on September 11, 2006 and expire on
March 9, 2007.
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T own of Wappinger
Zoning Board of Appeals
MINUTES
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Town of Wappinger
Zoning Board of Appeals
August 22, 2006
Summarized Minutes
Members Present:
Mr. Fanuele,
Ms. McEvoy-Riley
Mr. DellaCorte,
Mr. Warren,
Members Absent:
Mr. Prager,
Others Present:
Mrs. Lukianoff,
Mrs. Roberti,
Mr. Caviglia
Mr. Holme
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Page 1
Minutes of August 22, 2006
[Q)~ffi\[Fl
T own Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member
Member
Member
V ice-Chairman
Zoning Administrator
Secretary
Special Counsel
Town Planner
SUMMARY
Adiourned Public Hearine::
228 Myers Corners Road
Public Hearine::
Ralph Costa
Discussion:
Ed Baisley
Roseann Basilone
Mr. & Mrs. Magliulo
John Degnan
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-Closed Public Hearing. Granted the
Interpretation and will vote on remaining
variances on September 12,2006.
- Variance Granted
-Didn't show for the meeting.
-Public Hearing on September 12,2006.
-Public Hearing on September 12,2006.
-Accepted extension to March 9, 2007
Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of August 22, 2006
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Mr. Warren:
Mr. DellaCorte:
Vote:
Motion to approve the minutes for July 11,2006
Second the motion.
All present voted aye.
Mr. Warren:
Mr. DellaCorte:
Vote:
Motion to approve the minutes for July 25, 2006
Second the motion.
All present voted aye.
Mr. Warren:
Mr. DellaCorte:
Vote:
Motion to approve the site minutes for July 29, 2006.
Second the motion.
All present voted aye.
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Appeal No. 05-7289-7290-7291-7292
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 yard setback of 20 feet is required, the applicant is proposing a side yard setback of 13.6 feet to
allow for an existing metal shed, thus requesting 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 sales use in building # t, the applicant is proposing a total
lot size of 3.6 acres, thus requesting 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 repair garage use in building # 3, the applicant is proposing
a total lot size of 3.6 acres, thus requesting 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.
Closed the public hearing on April 25, 2006. Expires on June 26, 2006. Applicant granted one day extension to June
27, 2006.
MR. F ANUELE: I'd like to call
3 the Town of Wappinger ZBA to order.
4 Adjourned public hearing appeal
5 Number 05-7289-7290-7291-7292, 228
6 Myers Comers, LLC, seeking an
7 Interpretation of Zoning
8 Administrator's letter of
9 determination dated December 6, 2005
10 for the currently proposed uses of
11 the NB portion of the site.
12 Seeking an area variance of
13 Section 240-37 of District
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Town of Wappinger Page 3
Zoning Board of Appeals Minutes of August 22, 2006
14 Regulations in an NB Zoning District.
'- 15 Where a side yard setback of 20
16 feet is required, the applicant is
17 proposing a side yard setback of 13.6
18 feet to allow for an existing metal
19 shed, thus requesting a variance of
20 6.4 feet.
21 Seeking an area variance of
22 Section 240-37 and 240-67 A of
23 District Regulations in an NB Zoning
24 District.
25 Where a lot 3 acres is required
2 for motor vehicle use in building #1,
3 the applicant is proposing a total
....... 4 lot size of 3.6 acres, thus
5 requesting a combined variance of 3.4
6 acres.
7 Seeking an area variance of
8 Section 240-70. A of District
9 Regulation in an NB Zoning District.
10 Where a lot size of 2 acres is
11 required for a proposed use of
12 building #3, the applicant is
13 proposing a total lot size of 3 .6,
14 thus requesting a combined variance
15 of 3.4 acres.
16 Seeking an area variance of
17 Section 240-70. A of District
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Town of Wappinger
Zoning Board of Appeals
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Minutes of August 22,2006
Regulations in an NB Zoning District.
Where lot size of 2 acres is
20 required for the proposed use in
2] building #2, the applicant is
22 proposing a total lot size of 3.6
23 acres, thus requesting combined
24 variance of 3.4 acres.
25 The property is located 228
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Myers Comers Road and is identified
as Tax Grid No. 6258-02-702520 in the
Town of Wappinger.
Closed the public hearing on
Apri] 25th. Expires on June 26--
MS. ROBERTI: Just sub notes.
MR. WARREN: Make a motion to
reopen the public hearing.
MR. DELLACORTE: Second the
motion.
MR. FANUELE: All those in
favor?
MR. WARREN: Aye.
MS. R]LEY: Aye.
MR. DELLACORTE: Aye.
MS. R]LEY: Welcome back our
chairman.
MR. FANUELE: We adjourned the
public hearing. We got the noise
ordinance document. Anybody wish to
Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of August 22, 2006
22
say anything.
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MR. ADAMS: I'm going to ask my
24 client to testify as to a recent
25 event involving motorcycles at the
2 site.
3 MR. SIMONETTI: lohn Simonetti.
4 I live on 236 Myers Comers Road and
5 I would say it was probably three
6 Sundays ago, I came home from church
7 and there's cones in the road going
8 into 228 Myers Comers Road and
9 people directing traffic and
10 motorcycles going in and out.
II would say they were traveling in
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groups of thirty to forty at a time,
13 ten at a time going in, spending some
14 time in there. I assume it was some
15 kind of rally going on and that went
16 on until around one o'clock in the
17 afternoon. It looked like groups of
18 thirty to forty came, spent a half
19 hour, thirty or forty of them, then
20 another thirty or forty came. It was
21 like a tent set up on the property
22 and maybe getting water or some kind
23 of snack food or breakfast, I don't
24 really know. That went on until one
25 o'clock in the afternoon.
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Town of Wappinger
Zoning Board of Appeals
Page 6
Minutes of August 22, 2006
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MR. F ANUELE: Anybody complain
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about noise?
4 MR. SIMONETTI: Other than I
5 was there listening to it. I spoke
6 to Billy. I didn't know who I was
7 supposed to complain to.
8 MR. F ANUELE: Complain to the
9 Town.
10 MR. SIMONETTI: This is what
11 this whole thing is about. I thought
12 I was waiting to understand how this
13 goes about, because the week before
14 that or the meeting before that they
15 were swearing up and down no one goes
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in there. When I see motorcycles
17 going in there and they were saying
18 they don't do that.
19 MR. WARREN: Do you know who
20 set up the cones.
21 MR. SIMONETTI: No, they
22 weren't like a Town, there was no
23 police there. They were regular
24 civilians directing the traffic.
25 MR. FANUELE: Who set up the so
2 called rally?
3 MR. SIMONETTI: I have no idea.
4 They went in. There was a tent by
5 building two and they were, you know,
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T own of Wappinger
Zoning Board of Appeals
Page 7
Minutes of August 22, 2006
6 congregating there for roughly,
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7
looked like fifteen, twenty minutes,
8 a half hour. A group would go out
9 and another group came in. It did
1 0 that on a half hour basis. I didn't
11 count everyone of them. I knew a few
12 times I checked there was about
13 thirty or forty at a time coming and
14 going.
15 MR. F ANUELE: On a weekend?
]6 Sunday?
]7 MR. SIMONETTI: Yes, a Sunday.
18 I went home. I got home from church.
19 ] went to nine o'clock mass. It was
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around ten o'clock. It was sometime
2] after nine it started. It wasn't
22 before I went to church. It lasted
23 until about one o'clock.
24 MS. RILEY: Talking about July
25 30 or August --
2 MR. SIMONETTI: I'm going to
3 say it was three weekends ago from
4 this past weekend. Right around the
5 end of July.
6 MS. RILEY: 20?
7 MR. SIMONETTI: I would say
8 that.
9 MS. RILEY: July 30?
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Town of Wappinger
Zoning Board of Appeals
Page 8
Minutes of August 22, 2006
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MR. SIMONETTI: Was that the
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last weekend in July.
]2 MS. RILEY: Yes.
13 MR. SIMONETTI: I didn't write
]4 it down. I assumed we were going to
] 5 talk about it today.
]6 MR. PARSONS: I didn't go to
] 7 church. They started about nine
18 o'clock and the volume -- Bill
] 9 Parsons. There's all the noise, I
20 can't see them because the trees are
2] growing up there now. You're
22 bringing up the call about the noise,
23 that was brought up a year ago and we
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were told what they were doing was
25 all right. That's why we sit here
2 continually month after month
3 arguing. It's not all right.
4 There's nobody to call to do anything
5 about it. I don't think Connie is
6 working on Sunday. Even so, the
7 point is, we're not resolving
8 anything by telling her. It keeps
9 coming back to the ZBA and Planning
] 0 Board. That's where it's been and
] ] where it still is.
] 2 MR. F ANUELE: If it gets passed
] 3 and allowing motorcycles to be there,
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Town of Wappinger
Zoning Board of Appeals
Page 9
Minutes of August 22, 2006
14
it could be a condition not on
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weekends then it would be a
16 violation.
17 MR. SIMONETTI: I didn't hear
18 what you said.
19 MR. FANUELE: Ifitgets
20 passed, the motorcycle place to be
21 there, we could put a condition there
22 will be no rallies, especially on
23 Sunday and Saturday. There should be
24 no rallies at all, period.
25 MR. SIMONETTI: I understand.
2 MR. FANUELE: It should be
3 closed on Saturday and Sunday.
4
MR. SIMONETTI: I'm not trying
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5 to say you can't or wouldn't do a
6 thing like that. I sit here the last
7 several months, they keep telling me
8 they're doing absolutely nothing back
9 there. I keep hearing things and
1 0 keep telling people they're doing
11 things. They sit here in front of
12 you and say no, we don't do anything
13 back there.
14 MR. PARSONS: June, July '05 is
15 when I started complaining about this
16 to the Town officials and got
17 nowhere. That's why we continually
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Town of Wappinger
Zoning Board of Appeals
Page 10
Minutes of August 22, 2006
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have been before the board. We're
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still here.
20 MS. RILEY: You all aren't sure
21 if it was the motorcycle sales place.
22 MR. SIMONETTI: I don't know.
23 MR. CA VIGLIA: Please let the
24 board member speak.
25 MS. RILEY: No one knows who
2 actually did this.
3 MR. SIMEONE: Frank Simeone for
4 Mr. Parsons.
5 The indication it was building
6 number two, that's the building where
7 we submitted photographs the last
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session, indicating *fat custom
9 cycles going in, parking in front of
10 building number two. Building number
11 two is where the motorcycle facility
12 is sought, permission is sought.
13 That's the location we're talking
14 about.
15 MS. RILEY: Mr. Parsons just
16 said you can't see them, the trees
17 have all grown.
18 MR. SIMEONE: He couldn't. Mr.
19 Simonetti offered that they were
20 going down to building number two.
21 MR. PARSONS: I couldn't see
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Town of Wappinger
Zoning Board of Appeals
22
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Page 11
Minutes of August 22, 2006
them when they were coming in and
24 and I can see to building number two
out, but I can look out my back door
25 where they're gathering. I saw some
2 one or two people sitting out there
3 in a chair, like one of these. Every
4 time a motorcycle came along, they
5 flagged them in and they went in this
6 small and large groups and met back
7 there. Originally when all this
8 started one, of the many things he
9 said he doesn't do or wouldn't do was
10 anything on Saturday and Sunday.
11 This was on Sunday morning, around
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12 nine o'clock.
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MS. RILEY: Thank you.
MR. F ANUELE: Anybody else wish
to say anything?
MR. ADAMS: I asked my client.
You have made -- your noise
consultant made certain
recommendations in terms of
additional studies. 1 would ask the
board, particularly in view of our
contention that motorcycles often act
in groups or pairs or three or four
rather than singly, you have to
consider the multiple impacts as
T own of Wappinger
Zoning Board of Appeals
Page 12
Minutes of August 22, 2006
2
opposed to one that should be
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3
included in the study done by the
4 consultant as recommended by your
5 consultant.
6 MR. SIMEONE: On behalf of Mr.
7 Parsons, I join in the comments. I
8 think the consultant you brought in
9 highlights the deficiencies and the
10 inadequacies of the report submitted
II by the noise consultant on behalf of
12 the applicant. The methodology is
13 insufficient, certainly the aspect of
14 monitoring, which is covered there,
15 dove tails exactly what the
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16
performance standards, which I think
17 is in your record already on behalf
18 of Mr. Parsons required in this
19 instance.
20 MR. DELLACORTE: Mr. Walsh just
21 walked in.
22 MR. F ANUELE: Do you wish to
23 say anything?
24 MR. WALSH: I asked, when I
25 called Barbara, I was told this would
2 be put on when I got here. I was
3 coming from a separate meeting. I'm
4 delighted that wasn't quite followed.
5 MR. WALSH: Marco and I spoke.
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6
That's immaterial for our being here
Town of Wappinger
Zoning Board of Appeals
Page 13
Minutes of August 22, 2006
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7 at the same time. I note I had sent
8 a letter, which Marco acknowledged he
9 got today, I sent it twenty-seven
10 days ago to Chris' firm asking we get
I I the scope of the work, et cetera, et
12 cetera. I was ignored on that. The
I3 greatest respect, Mr. Fanuele has not
14 been here before, the one matter I
15 want to bring up tonight, you have a
16 letter from your Zoning Administrator
17 here, the Zoning Administrator's
18 letter says a special use permit is
19 required for the use of the site as a
20 motorcycle shop. You have an expert
21 opinion from your expert saying, no
22 that's not right, that it is a retail
23 use and not required in this zone.
24 I'm asking respectfully to vote on
25 that portion of it. That's something
2 that's so crystal clear that no
3 matter what else you do I firmly
4 believe it's incorrect based on the
5 advice you've gotten from your
6 advisors, no matter what 1 ask you
7 respectfully that is something that
8 should be voted on quickly and
9 expeditiously. The letter says a
10 special use permit is required for
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Town of Wappinger
Zoning Board of Appeals
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Minutes of August 22, 2006
this use. It is not. Your own
people told you that. Any delay on
that is inexplicable, not subject to
environmental review. It's in your
Town law. The rest of you have heard
me before. That's the most important
single item. I ask you to consider
that. Thank you.
MR. FANUELE: I've been reading
everything that was written while I
was out. It looks like the meetings
get nowhere. The question is, in my
mind, is a motorcycle shop allowed in
an NB zone, and that's the verdict,
is it allowed in a NB zone? I got my
2 opinion. I could voice it.
3 MR. WALSH: What happened, you
4 weren't here, sir, both you and I
5 were out for medical issues. The
6 real thing came down, this zone had a
7 massive zoning amendment done in '0 I.
8 It changed a lot of laws. Made
9 motorcycle shops, as long as they're
lOin certain criteria under five
II thousand square feet, et cetera, made
12 them a retail use. For some
13 inexplicable reason your Town didn't
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change the uses in the book. For
Town of Wappinger
Zoning Board of Appeals
Page 15
Minutes of August 22, 2006
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IS inexplicable reasons it wasn't
16 published until the end of ' 05.
17 got my hands on it when I had to buy
18 another book. At the same time, it's
19 about as clear as it can be. The
20 Board has a right to turn anything
21 down and hold anything up. That's
22 your law. To ignore your law,
23 everybody ignores it at their peril.
24 MR. CA VIGLIA: In addressing
25 what Mr. Walsh said, I think that the
2 way we left it was that the issue of
3 this noise became more than just
4 whether or not this proposed
5 motorcycle shop would create undo
6 noise, but that it should be looked
7 at, all three buildings at the same
8 time, because of the cumulative
9 effect, if any, that it would have.
10 It's not a question related to just
II the motorcycle shop per se, but
12 rather looking at the noise component
13 in its entirety, which is why the
14 board decided at the last meeting to
15 get the consultation of Doctor
16 Crosser. While he was expected to be
17 here this evening, apparently he's
18 not. He does say in his
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Town of Wappinger
Zoning Board of Appeals
Page 16
Minutes of August 22, 2006
19
recommendations, we're going to get
'--
20 some clarification of that he be
21 present while the applicant's
22 consultants perform the noise
23 monitoring in such a way that all
24 parties would agree in an appropriate
25 and representative fashion. That
2 suggestions to me he might want to
3 consult both parties and see if they
4 can find a common ground to get this
5 thing expeditiously done. He's not
6 here, apparently, so I think we can't
7 go any further at this juncture and
8 that it might be wise to adjourn this
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9
to get some sort of resolution prior
10
to the next meeting.
II
MR. FANUELE: You adjourn or
12
close the public hearing?
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MR. CA VIGLIA: Adjourn. We
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wouldn't have the information.
15
MS. RILEY: Before we do that,
16
can we have a little discussion about
17
this that we just received?
18
It says we can't decide because
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what came first the egg or the
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chicken. Since they don't have
21
approval to do anything, what are
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they going to do noise on, how can
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Town of Wappinger
Zoning Board of Appeals
Page 17
Minutes of August 22, 2006
23
they actually decide what the noise
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level decibels are going to be
25 without anything there. Nothing can
2 be there. I respectfully submit
3 while this gentleman basically says
4 further study is warranted, we may
5 not know the outcome of any of this,
6 whatever we're going to vote on or
7 what the vote is going to be, I do
8 believe the one thing we know whether
9 or not the applicant is successful,
10 whatever party isn't decided on it's
II going to end up in the court. I do
12 believe in the motion of
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13
expeditiousness we get this over with
14 and let them do the further studies,
15 because they're going to be doing
16 this. It's been on our plate since
17 December. I mean, a child can be
18 conceived and born before this is
19 done in the next three weeks. We
20 need to end this discussion. The
21 only thing we actually know is this
22 is going to end up in Court. We do
23 know that.
24 MR. FANUELE: The end of the
25 discussion.
2 We need a motion to close the
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Town of Wappinger
Zoning Board of Appeals
Page 18
Minutes of August 22, 2006
3
public hearing and the motion, aye or
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nay, for the variance.
5 MS. RILEY: The first one would
6 be the question of the letter.
7 MR. F ANUELE: The question
8 would be what?
9 MS. RILEY: The opinion on the
10 December 6 letter.
II MR. WARREN: Were you going to
12 say something?
13 MR. CA VIGLIA: What I was going
14 to say, Mr. Crossen is realizing the
15 adverse parties may challenge each
16 other regarding the findings on any
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noise. He wants to consolidate it so
18 there's common grounds. There's one
19 study done in the fashion acceptable
20 to the parties and just get it done,
21 as opposed to say having the
22 consultant from the applicant and
23 then the consultant, if any, from the
24 opponent present opposing views, and
25 the whole purpose of the consultant
2 was to advise the board if there are
3 adversarial views to reconcile,
4 obviously, since no study has been
5 done to the satisfaction of this
6 consultant.
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T own of Wappinger
Zoning Board of Appeals
Page 19
Minutes of August 22, 2006
7
MS. RILEY: That's really sad,
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when the consultant says I can't
9 decide.
10 MR. WALSH: I asked the
I 1 consultant. I sent a letter to their
12 firm saying, set up a meeting, let's
13 do this. This was ignored.
14 MS. RILEY: Let's move this
15 along. Further study would imply
16 further study. I beg to differ with
17 you. There is no mutual agreements
18 on how the studies should be
19 conducted. I don't think we're going
20 to get one.
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MR. FANUELE: The motorcycle
22 rally that was held wasn't doing the
23 applicant any good.
24 MR. WALSH: Nor was it done by
25 the applicant.
2 MR. WARREN: Mr. Schwartz
3 wasn't involved with that rally?
4 MR. WALSH: The one thing that
5 came up was back in March there was a
6 discussion, several people came on
7 the premises, Mr. Schwartz denied it.
8 If you're talking about something
9 subsequent to that time, I can't
10 answer that. Obviously I can find
'-r
Town of Wappinger
Zoning Board of Appeals
Page 20
II
out if there was anything involved
.........
12
with it at all. Did something come
13 up tonight?
14 MR. FANUELE: The fact that he
15 didn't agree to it makes it a worse
16 problem. Most people come in and out
17 and do what they want, because it's a
18 motorcycle shop.
19 MR. DELLACORTE: You missed the
20 discussion in the beginning. There
21 was a long discussion about a
22 motorcycle rally three or four
23 weekends ago.
24 MR. WALSH: At the premises?
25 MR. DELLACORTE: Yes.
........
2 MR. WALSH: That's something I
3 don't know anything about. If I did,
4 it would have been brought up here.
5 Did any of you gentlemen see it? It
6 may be more horse crap you've gotten
7 before from the other folks, my
8 respectful opinion only. If it is,
9 so be it. If it's something that can
lObe proven by this Board, that's
11 another story. You have no law in
12 this Town motorcycles in the streets
13 or motorcycles anywhere, you have a
14 law that says you may have a
.........
Minutes of August 22, 2006
Town of Wappinger
Zoning Board of Appeals
Page 21
Minutes of August 22, 2006
--...
15 motorcycle sales facility in this
16 zone. That's a letter of August 1 st
17 we're talking about. That's the
18 letter came out that says a special
19 use permit be required for that zone.
20 I'm asking that be overruled. You
21 have the letter from Frederick P.
22 Clark which says that's correct, it
23 is not that permitted in this zone
24 without a special use permit. I'm
25 respectfully requesting that matter
2 be voted on.
3 MR. SIMEONE: I would like to
4 respond to that. This has been
5 brought up before, it's been
6 responded to before. I'll be brief.
7 In effect, what I understand
8 Mr. Walsh to be saying is that your
9 law doesn't say what it clearly seems
10 to say, instead it says what your
11 planner has interpreted it to have
12 intended it to say. Ifthat's, in
13 fact, the case and you want to rely
14 on such an interpretation, the proper
15 way to do it, for a local law to be
16 repassed, restated, let the Town
17 Board pass upon that issue, determine
18 rather than a consultant, rather than
........
........
Town of Wappinger Page 22
Zoning Board of Appeals Minutes of August 22, 2006
19 your planner. That's the intention
'-'" 20 of the law or was the intention of
21 the law at that time. If the law is
22 to be changed based on an
23 interpretation, we've gotten here.
24 MR. WALSH: With the greatest
25 respect to Frank, the law was not to
2 be changed. You had a voluminous
3 SEQRA study, you had letters written
4 in support of that law by the
5 Planning Board's chairman who was on
6 the board at that time, Mr. Parson's.
7 His letter is sitting in the file. I
8 mentioned it in February. I went out
'-- 9 and got the entire file. There's a
10 letter from the supervisor, a letter
11 from Mr. Roberts. Every one of them
12 saying this is what we want to do and
13 they passed it. Now you're asked
14 them, did they really pass it, they
15 forgot to put if in the books, and
16 the answer is yes, they did.
17 MR. CA VIGLIA: My
18 recommendation to the board is that
19 you shouldn't be determining these
20 things piecemeal. Unfortunately, I
21 think we have to consider this as a
22 whole package, because if you pass
.......
Town of Wappinger
Zoning Board of Appeals
Page 23
Minutes of August 22, 2006
23
something piecemeal and something
~
24
develops later on, in effect what you
25 passed on, you're going to be subject
2 to criticism by anyone reviewing this
3 matter. It would be unfair to
4 whoever is prejudiced by it. My
5 recommendation to the board at this
6 time is that the hearing be
7 adjourned, that we press the
8 consultant to consult both of the
9 adverse factions in this matter and
10 try to come to a resolution and have
II a study of some type to the extent it
12 can be done in hand by the next
~
13
appearance, and depending what those
14 are, possibly voting at that time.
15 MR. WALSH: Ask him what his
16 timing was, by the way.
17 MR. CA VIGLIA: I tried to get
18 ahold of him. I spoke to him on the
19 phone yesterday.
20 TANYA: The one that wrote the
21 letter?
22 MR. WALSH: Yes.
23 TANYA: No. I thought he would
24 be here.
25 MR. FANUELE: It's very
2
confusing. I don't think we're
'-"
Town of Wappinger
Zoning Board of Appeals
Page 24
Minutes of August 22, 2006
3
getting anywhere. We're not getting
........
4
anywhere until we make a vote.
5 I'll make a motion to close the
6 public hearing.
7 MS. RILEY: Second.
8 MR. FANUELE: All in favor?
9 (All voted aye)
10 MR. FANUELE: I make a motion
II that we deny the motorcycle shop from
12 going in, we deny putting the
13 motorcycle shop in the area. The
14 noise from the motorcycle, that's
15 what we've been discussing, that's
16 what I've been reading for a long
........
17
time. 1 make the motion we deny it.
18 MR. WALSH: That's not the
19 request.
20 MR. CA VIGLIA: That's not
21 before the board at this time.
22 VOICE: You're not denying or
23 approving the motorcycle shop. The
24 question is whether or not it
25 requires a special permit.
2 MR. CA VIGLIA: The only issue
3 on the noise is to the extent that
4 under the environmental factor of
5 granting a variance or denying it,
6 the objection has been raised by the
........
7
neighbors, it's before the board. It
Town of Wappinger
Zoning Board of Appeals
Page 25
8 turned out to be more complex than it
.......
9 was believed. The Town Planner
10 recommended that it can be looked at
11 cumulatively, meaning how it effects,
12 there are going to be three
13 enterprises on there, not just one,
14 that's the only issue that remains
15 that holds up the vote. It's not a
16 question of denying a motorcycle shop
17 there, because we think it's going to
18 be noisy or not. There's four
19 variances before the -- three
20 variances remaining before the board,
21 two of them are at issue, one ofthem
'-"
22 is not at issue.
23 MR. FANUELE: I'm trying to
24 make the statement that the group
25 will get together and resolve their
2 problems, that's why I'm denying it.
3 Whoever wants to take it any further,
4 so be it.
5 MR. WALSH: Makes absolutely no
6 sense. We're asking on the letter--
7 MR. FANUELE: You've been
8 spinning around and around and around
9 for six months.
10 MS. RILEY: Almost nine months.
11
MR. FANUELE: We get nowhere.
.......
Minutes of August 22, 2006
Town of Wappinger
Zoning Board of Appeals
Page 26
12
MS. RILEY: Can I amend the
........
13
motion, that the motion -- that it
14 does not need a special use penn it,
15 so we can vote on that question.
16 MR. F ANUELE: Can we add that
17 to the motion? It don't need n
18 MR. CA VIGLIA: You're making a
19 motion?
20 MS. RILEY: That the motion is
21 that the interpretation of our very
22 highly qualified Zoning Administrator
23 we're disagreeing with and it does
24 not need a special use permit.
25 MR. CA VIGLIA: You may vote on
2 that.
'-'"
3 MR. HOLME: There's one other
4 issue in tenns of environmental
5 review. I'm wondering if you think
6 this is segmentation?
7 MS. RILEY: I didn't say I was
8 going to vote on the rest.
9 MR. HOLME: I'm bringing it up.
10 Before you take action, you will need
11 to make a SEQRA determination whether
12 it has an impact or not.
13 MS. RILEY: Negative or
14 positive.
15 MR. HOLME: That should be done
.........
before any action. The action in the
16
Minutes of August 22, 2006
Town of Wappinger
Zoning Board of Appeals
Page 27
Minutes of August 22, 2006
17 other variances or this one. So, the
'--
18 SEQRA process needs to finish at that
19 point.
20 MS. RILEY: Okay.
21 MR. HOLME: It's my opinion
22 that there isn't a whole lot of
23 quantitative data right now in terms
24 of noise. If the board was willing
25 to wait for another couple of weeks,
2 you'll have quantitative data and the
3 SEQRA process will be really
4 comprehensibly done.
5 MR. F ANUELE: We've been
6 waiting nine months for the parties
'-'
7
to get together. There doesn't seem
8 to be any movement to get together.
9 This is why I'm denying it, maybe
10 that will force somebody to get
11 together.
12 MR. WALSH: 1 don't understand
13 that at all.
14 MR. HOLME: To clarify the vote
15 now. My understanding is if you vote
16 yeah, that it does not require a
17 special permit, that will enable the
18 motorcycle shop to actually -- that
19 would enable the motorcycle shop to
'-"
20
go into business; is that right,
Town of Wappinger
Zoning Board of Appeals
Page 28
Minutes of August 22, 2006
21
Tanya.
.......
22 T ANY A: The issue is that the
23 motorcycle shop is basically
24 permitted use in that zone. The
25 question was, whether it needed a
2 special use permit, therefore,
3 necessitating the lot size. If this
4 is determined to be not necessary, it
5 still means that that use by itself
6 is not a disallowed use, but it does
7 need Planning Board approval during
8 the site plan process. This is a
9 permitted use.
10 MR. HOLME: But a change of
.......
11 use, so it needs Planning Board
12 approval as well.
13 TANYA: Correct.
14 MR. CA VIGLlA: If you remember
15 -- the motion on the floor before the
16 board, as I understand it, is
17 rendering an interpretation, either
18 upholding or denying the former
19 interpretation of the Zoning
20 Administrator that recently ruled it
21 was not a perm itted use. However, in
22 view of what she said, if you're
23 going to go ahead and vote, this does
.......
24
note effect the noise issue which may
Town of Wappinger
Zoning Board of Appeals
Page 29
Minutes of August 22, 2006
25
effect the other variances. Just so
.........
2 the board is clear on that.
3 MR. WARREN: I would like to
4 vote it as a package. I myself would
5 like to vote as a whole package.
6 MS. RILEY: There's a motion on
7 the floor.
8 MR. CA VIGLIA: There's a motion
9 on the floor that's going to carry or
10 not carry. 1 want the board to be
11 clear the motion is addressing the
12 interpretation, does not address any
13 of the variances.
14 MS. RILEY: The motion on the
.....,
15
floor is that it does not -- is in
16 disagreement with the Zoning
17 Administrator, that it does not need
18 a special use permit. That's the
19 motion.
20 MR. HOLME: I'm wondering --
21 MR. CA VIGLIA: Let them vote.
22 MS. ROBERTI: Repeatthat.
23 MS. RILEY: The motion on the
24 floor is that we, while we hold our
25 Zoning Administrator in high esteem,
2 we respectfully disagree with her
3 decision on special use permit.
4 MR. F ANUELE: I withdraw the
"'-"
Town of Wappinger
Zoning Board of Appeals
Page 30
Minutes of August 22, 2006
5
other motion and second this one.
"--
6
MR. WALSH: That means it's not
7 required?
8 MS. RILEY: Right.
9 MR. F ANUELE: It's not required
10 or is required?
II MS. RILEY: You do not need a
12 special use permit? Yes?
13 MR. WARREN: No.
14 MR. FANUELE: Do we need to
15 adjourn the public hearing? You
16 already closed it. The action is
17 done for Myers Corners Road.
18 MS. RILEY: Can we continue
"--
19
with the rest of the variances this
20 evening?
21 MR. WARREN: We already closed.
22 MR. F ANUELE: We can vote on
23 whether the setbacks for the metal
24 shed and the lot size, we could vote
25 on those. My opinion on that is that
2 the lot is there, the buildings are
3 there, we don't go around --
4 MR. HOLME: I want to point out
5 that the proper way to make -- take
6 action is to make a declaration,
7 either positive or negative, before
8 taking action. So, determining
'-'
T own of Wappinger
Zoning Board of Appeals
Page 31
9
environmental impact before you take
'-
10
a vote, so perhaps, Marco, maybe you
11
can help me, what you could do is
12
rescind your vote, make a
13
determination and vote again so it's
14
in the proper order. Does that make
15
sense?
16
MS. RILEY: On the
17
interpretation of the letter?
18
MR. CA VIGLIA: You need a SEQRA
19
determination prior to the variance
20
votes. The interpretation is just an
21
interpretation of law, not even, a
22
fact finding is theoretically needed.
........
23
We opened a fact finding since it was
24 part of the package. If the board
25 wants to vote this evening, the board
2 has to make a SEQRA determination,
3 whether it's a negative or positive
4 declaration, and proceed to determine
5 whether or not you're going to grant
6 the variances.
7 MR. F ANUELE: Since all you
8 learned people out there are getting
9 myself very confused, I would
10 recommend that, Marco, you write up a
11 resolution that we could standby and
12 we'll adjourn the resolution until
......
Minutes of August 22, 2006
Town of Wappinger
Zoning Board of Appeals
Page 32
Minutes of August 22, 2006
13
next meeting.
~
14
MR. CA VIGLlA: What's the next
] 5 meeting date on that?
]6 MR. WALSH: What was the date.
] 7 MR. CA VIGLlA: September] 2.
] 8 have to leave because] have a trial
] 9 next door.
20 MR. FANUELE: We can adjourn
2] these variances.
22 MS. ROBERTI: You already
23 closed the public hearing, you will
24 set a vote date for September] 2.
25 MR. F ANUELE: Are you confused
2 Mr. Walsh?
'-'"
3
MR. WALSH: You're going to
4 adjourn to next month, I understand.
5 MR. F ANUELE: We have to make a
6 stand and take it where you're going
7 to take it.
8 MR. WALSH: I will eagerly
9 await the ]2th. I'm addressing to
]0 Frank, if the noise consultant has it
] ] backwards, are you going to be
]2 considering the noise consultant's
] 3 report?
]4 MR. SIMEONE: How can they, if
] 5 it the public hearing is closed?
'-'"
Page 33
Town of Wappinger
Zoning Board of Appeals
Minutes of August 22, 2006
Appeal No. 06-7318
Ralph Costa- Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning
District.
_ Where a rear yard setback of 40 feet is required, the applicant is proposinl! a rear yard setback of
20.5 feet, to allow for a new single family house, thus reQuestinl! a variance of 19.5 feet.
The property is located at 64 Kent Road and is identified as Tax Grid No. 6258-03-493027 in the Town
of Wappinger.
.........
Mr. Fanuele:
Mr. Warren:
Ms. McEvoy-Riley:
Vote:
Mr. Fanuele:
Mr. Costa:
Mr. Fanuele:
Mr. Costa:
Mr. Fanuele:
.........
Mr. Costa:
Mr. Fanuele:
Mr. Wiswiewski:
Mr. Fanuele:
Mr. Wiswiewski:
Ms. McEvoy-Riley:
Mr. Wiswiewski:
Mr. Cassatta:
Mr. Fanuele:
Mr. Cassatta:
Mrs. Lukianoff:
......
Motion to open the public hearing.
So moved.
Second the motion.
All present voted aye.
Swore in the applicant.
The reason we are here for a variance is that the town engineer stated that the
house had to be pushed back toward the rear due to wetlands and the buffer which
makes us need 19 .5 feet of a variance.
So this is the only place the house can be put?
Yes.
I believe there was a site inspection done here? (Yes.) I went by but was not able
to walk in. The problem I see is the long driveway and r think the potential is to
tie into the future town road if it happens.
If it happens we probably won't even be the owners anymore. We were told it
could take years for that to happen.
Is there anyone in the audience with a question or a comment?
Edward Wiswiewski, 62 Kent Road.
Swore in the resident.
(At this time he passed pictures up to the board.) This is a traffic impact for
everyone on Kent Road. We have problems here. At this time Mr. Wiswiewski
went on about his feelings regarding the traffic for quite some time.
The question before us is a variance not traffic.
I understand that and I have no objection to the house so go ahead and build it.
Joseph Cassatta, 62 Kent Road.
Swore in the resident.
My question is the environmental impact because this impacts a lake and woods
and r want to know how they will utilize this.
This is an older lot and at the time of the subdivision the house was to be in a
different location. Now the town engineer went to the site and this place was
deemed to be the best place.
Page 34
Town of Wappinger
Zoning Board of Appeals
........
Mr. Cassatta:
Mr. DeJlaCorte:
Mr. Cassatta:
Mr. DeJlaCorte:
Mr. Fanuele:
Mr. DeJlaCorte:
Vote:
Mr. DellaCorte:
Mr. Warren:
RoJl CaJl:
Minutes of August 22, 2006
How wiJl they preserve the wi ldlife?
Are you speaking to the deer?
Yes.
We went to the site but I couldn't see the lake. As for the deer probably just like
my yard, they just walk right through.
Anyone else? Hearing none. Motion to close the public hearing.
Second the motion.
AJI present voted aye.
Motion to grant the variance since this is the best spot for it. It is substantial
and can't be achieved any other way.
Second the motion.
Ms. McEvoy-Riley: Aye.
Mr. Warren: Aye.
Mr. DeJlaCorte: Aye.
Mr. Fanuele: Aye.
Appeal No. 06-7319
Ed Baisley- Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning
District.
-Where a rear yard setback of 50 feet is required, the applicant is proposinl!: a rear yard setback of 15
feet, to allow for a 20' X 40' garage with electric, thus reQuestinl!: a variance of 35 feet.
The property is located at 2 Old State Road and is identified as Tax Grid No. 6057-04-840169 in the
Town of Wappinger.
.........
Applicant did not show.
Appeal No. 06-7320
Roseann BasiIone- Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning
District.
_ Where a side yard setback of 25 feet is required, the applicant is proposinl!: a side setback of 15 feet, to
allow for a 16' X 16' addition, thus reQuestinl!: a variance of 10 feet.
The property is located at 36 Kendell Drive and is identified as Tax Grid No. 6257-01-315538 in the
Town of Wappinger.
Mrs. Basilone:
Mr. DeJlaCorte:
Mrs. Basilone:
Mr. DeJlaCorte:
.......
Mrs. Lukianoff:
We would like to put up an addition that is 16 X 16 feet.
You are a corner lot so which street are you on?
Kendall.
So the addition is in your rear yard but this says the side.
On corners you have to determine which is the rear and which is the side.
Town of Wappinger
Zoning Board of Appeals
Page 35
Minutes of August 22, 2006
'-"
Mr. DellaCorte:
The house will only be 15 feet from the side?
Mrs. Lukianoff:
This house is dimensionally non-conforming and it has a CO.
Ms. McEvoy-Riley:
I see it now.
Mr. DellaCorte:
So its just an extension?
Mrs. Lukianoff:
Yes.
Mr. Fanuele:
We will schedule your site visit for August 28th and your public hearing for
September 12,2006.
Mr. Warren:
How long have you been there?
Mrs. Basilone:
Since 1997. Thank you.
Appeal No. 06-7321
Theresa & Anthonv Ma2:liulo- Seeking an area variance of Section 240-37 of District Regulations in an
R-40 Zoning District.
_ Where a rear yard setback of 50 feet is reQuired, the applicant is proposinl!: a rear side setback of 40
feet, to allow for a 15' X 30' above ground poo~ thus reQuestinl!: a variance of 10 feet.
The property is located at 35 Nicole Drive and is identified as Tax Grid No. 6257-01-335547 in the
Town of Wappinger.
.......
Mrs. Magliulo:
W want to put a pool behind my house and I have 70 feet and the pool is 15 feet
wide. I don't want it right nest to the house either.
Mr. Fanuele:
We will schedule your site visit for August 28th and your public hearing for
September 12,2006.
Mrs. Lukianoff:
If you decide to put a deck on this in the future, put it closest to the house side so
that you will not need an additional variance.
Mrs. Magliulo:
Thank you.
Appeal No. 06-7299
John Del!:nan - Seeking an area variance of Section 240-37 of District Regulations in an HD Zoning
District.
_ Where a lot depth of 300 feet is reQuired, the applicant is proposinl!: a lot depth of 260 feet to allow for
a pre-existing condition, thus reQuestinl!: a variance of 40 feet.
The property is located at 1708 Route 9 and is identified as Tax Grid No. 6158-02-543530 in the Town of
Wappinger.
(Public Hearing was closed on April 11, 2006. 62 days set to expire on June 12, 2006, extension granted to
September 10,2006.)
Applicant is now granting an additional six month extension while they appear before the planning
board. This extension would begin on September 11,2006 and expire on March 9,2007.
......
"'"
.~
,....
T own of Wappinger
Zoning Board of Appeals
Mr. Fanuele:
Mr. DellaCorte:
Vote:
Ms. McEvoy-Riley:
Mr. OellaCorte:
Vote:
Meeting ended at 8:45 PM
Page 36
Minutes of August 22, 2006
Motion to accept the extension.
Second the motion.
All present voted aye.
Motion to adjourn.
Second the motion.
All present voted aye.
Resp~tfUl.~. s~l:~tted, '.
, ;/1 ,4 'CA' /:f:;;(I
L..~rti, Secr tary
:' Secretary - Zoning Board of Appeals