2006-09-12
ZONING BOARD OF APPEALS
September 12, 2006
Agenda
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Town of Wappinger Zoning Board of Appeals
MEETING DATE: September 12, 2006
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve site minutes for August 26, 2006
Public Hearing:
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 of 25 feet is reauired, the applicant is proposinl! a side setback of 15 feet, to
allow for a 16' X 16' addition, thus reauestinl! 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 Mal!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 reauired, the applicant is proposinl! a rear side setback of 40
feet, to allow for a 15' X 30' above ground poo~ thus reauestinl! 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.
Discussions:
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Appeal No. 06-7322
Brian & Irene Moody - - Seeking an Interpretation of the Zoning Code in connection with two tickets,
numbers 00853 & 00854 issued in connection with the structure on the subject property. One ticket refers to
the dwelling being used as a two-family dwelling and the second refers to the property operating a business
in a residential district.
The property is located at 287 Middlebush Road and is identified as Tax Grid No. 6157-01-394824 in the
Town of Wappinger.
Appeal No. 06-7323
Ernest & Jennifer Acampora
-Seeking an area variance of Section 240-37 of District Regulations in an R-40/80 Zoning District.
-Where the code states...in no case shall Accessory Structures be permitted in the front yard the
applicant requests a variance for a detached l!aral!e in the front yard in the size of 40 X 60 feet.
The property is located at 46 Smith Crossinl! Road and is identified as Tax Grid No. 6359-03-089462 in
the Town of Wappinger.
Appeal No. 06-7324
Jean & Judson Glover - Seeking an area variance of Section 240-37 of District Regulations in an R-20
Zoning District.
_ Where a side yard setback of 20 feet is reauired, the applicant is proposinl! a side setback of t 6 feet, to
allow for a basement egress, thus reauestinl! a variance of 4 feet.
The property is located at 69 Losee Road and is identified as Tax Grid No. 6157-02-806785 in the Town of
Wappinger.
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Appeal No. 06-7325
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ZONING BOARD OF APPEALS
September 12, 2006
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Daniel Wernikoff - DRMJ Assoc.- 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 31.5
feet. to allow for an open wood deck, thus reQuestinl! a variance of 18.5 feet.
The property is located at 20 Dose Road and is identified as Tax Grid No. 6258-04-982333 in the Town of
Wappinger.
Appeal No. 06-7326
Nashir Kaba- 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 7.5 feet. to
allow for a 16' X 16' deck, thus reQuestinl! a variance of 17.5 feet.
- Where a rear yard setback of 50 feet is required, the applicant is proposinl! a rear side setback of 23
feet. to allow for a 16' X 16' deck, thus reQuestinl! a variance of 27 feet.
The property is located at 12 Lennv Court and is identified as Tax Grid No. 6257-01-359561 in the Town
of Wappinger.
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Appeal No. 05-7290-7291-7292
228 Mvers Corners. LLC
- Seeking an area variance of Section 240-37 of District Regulations in an NB Zoning District.
-Where a side vard setback of20 feet is required, the applicant is proposing a side vard setback of 13.6 feet to allow
for an existinl! metal shed. thus requestinl! a variance of 6.4 feet.
- Seeking an area variance of Section 240-37 & 240-67 A of District Regulations in an NB Zoning District.
-Where a lot size of3 acres is required for motor vehicle sales use in buildinl! # L the applicant is proposing a total
lot size of 3.6 acres. thus requestinl! a combined variance of 3.4 acres.
- Seeking an area variance of Section 240-70. A of District Regulations in an NB Zoning District.
- Where a lot size of 2 acres is required for a proposed repair l!aral!e use in buildinl! # 3. the applicant is proposing .!!.
total lot size of 3.6 acres. thus requestinl! 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.
Miscellaneous:
Appeal No. 05-7285
O'Connor Subdivision - Seekinl! clarification of decision
-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.
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Town of Wappinger
Zoning Board of Appeals
MINUTES
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Town of Wappinger
Zoning Board of Appeals
September 12,2006
Summarized Minutes
Members Present:
Mr. Fanuele,
Ms. McEvoy-Riley
Mr. DellaCorte,
Mr. Prager,
Members Absent:
Mr. Warren,
Others Present:
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Mrs. Lukianoff,
Mrs. Roberti,
Mr. Caviglia
Mr. Roberts
Mr. Stolman
[Q)[R1~~~
Page 1
Minutes of September 12,2006
T own Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member
Member
Vice-Chairman
Member
Zoning Administrator
Secretary
Special Counsel
T own Attorney
Town Planner
SUMMARY
Public Hearin2:
Roseann Basilone
Theresa & Anthony Magliulo
Discussion:
Brian & Irene Moody
Ernest Acampora
Jean & Judson Glover
Daniel Wernikoff
N ashir Kaba
228 Myers Corners Road
O'Connor Subdivision
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- V ariance Granted
- Variance Granted
-Public Hearing on October 24,2006.
-Public Hearing on September 26, 2006.
-Public Hearing on September 26, 2006.
-Public Hearing on September 26,2006.
-Public Hearing on September 26, 2006.
- To rescind vote.
-Public Hearing on September 26, 2006
for clarification of original decision.
Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of September 12, 2006
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Mr. Prager:
Mr. DellaCorte:
Vote:
Motion to approve the site minutes for August 26, 2006.
Second the motion.
All present voted aye.
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 proposinl!: a side setback of 15 feet, to
allow for a 16' X 16' addition, thus reQ uestinl!: 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.
Mr. Prager:
Mr. DellaCorte:
Vote:
Motion to open the public hearing.
Second the motion.
All present voted aye.
Mr. Fanuele:
Swore in the applicant.
Mrs. Basilone:
We want to make an addition that will be 16 X 16 feet.
Mr. Fanuele:
You're on a corner lot and the addition is in the rear and I see you are not going
out farther then the house on that side.
Mr. Basilone:
Correct.
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Mr. Prager:
What is the reason for the addition?
Mr. Basilone:
A kitchen expansion.
Mr. Fanuele:
Are there any questions in the audience? Hearing none.
Mr. Prager:
Mr. DellaCorte:
Vote:
Motion to close the public hearing.
Second the motion.
All present voted aye.
Mr. DellaCorte:
Motion to grant the variance. There seems to be no other means to
achieve this. It won't cause an environmental or adverse change, is not
substantial and it is self-created.
Second the motion.
Ms. McEvoy-Riley:
Mr. Prager:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Aye.
Aye.
Ms. McEvoy-Riley:
Roll Call:
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Appeal No. 06-7321
Theresa & Anthony Mal!: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 pool, 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.
Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of September 12, 2006
Mr. Prager:
Barbara are the mailings in order?
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Mrs. Roberti:
Yes they are.
Mr. Prager:
Mr. DellaCorte:
Vote:
Motion to open the public hearing.
Second the motion.
All present voted aye.
Mr. Fanuele:
Swore in the applicant.
Mrs. Magliulo:
I am looking to put in a 15 X 30 foot pool but I need another 15 feet to be able
to place it away from the house.
Mr. DellaCorte:
We went on a site visit and it looks like the only spot to put the pool in.
Ms. McEvoy-Riley:
The address is so strange since the house is on Lenny but you have a Nicole
Drive address.
Mr. Fanuele:
Are there any questions in the audience? Hearing none.
Mr. Prager:
Mr. DellaCorte:
Vote:
Motion to close the public hearing.
Second the motion.
All present voted aye.
Ms. McEvoy-Riley:
Motion to grant the variance. This will not cause an undesirable nor
adverse affect in the neighborhood, this is not substantial and this also is
self-created.
Second the motion.
Ms. McEvoy-Riley:
Mr. Prager:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Aye.
Aye.
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Mr. DellaCorte:
Roll Call:
Appeal No. 06-7322
Brian & Irene Moodv - - Seeking an Interpretation of the Zoning Code in connection with two tickets,
numbers 00853 & 00854 issued in connection with the structure on the subject property. One ticket refers
to the dwelling being used as a two-family dwelling and the second refers to the property operating a
business in a residential district.
The property is located at 287 Middlebush Road and is identified as Tax Grid No. 6157-01-394824 III
the Town of Wappinger.
Present:
John Sarcone - Attorney for the applicant
Mr. Sarcone:
My clients the Moody's purchased this property in 1991. Prior to that it had
been used as a two-family with an existing daycare when the Moody's
purchased it. They rented one apartment and lived in the other and they also
ran a business called Mobile Concepts from there which is the big SUV's and
Winnebago's. At one time they even did business with the town and I have
attached exhibits to my application. I would also like to submit some pictures
tonight which would be exhibit L. This has been on the tax rolls as a
commercial homestead for years. There are also a number of other commercial
establishments next door and across the street.
Mr. Fanuele:
This property is zoned R20/40 and you received the tickets in December of
2005?
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Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of September 12, 2006
Mr. Sarcone:
Yes and I was retained in June 2006. I also offered to sit down with your
Zoning Administrator and Counsel for the ZBA to see if there was any way to
work something out.
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Mr. DellaCorte:
What happened?
Mr. Sarcone:
It hasn't happened yet. I sent letters to them just before Labor Day.
Mr. Fanuele:
Are you willing to meet with him?
Mr. Caviglia:
Just so it is clear, I don't specifically recall this proposed meeting but the status
is that we were scheduled to go to trial this month or early next month and the
instant the Interpretation was proposed, it resulted in an adjournment until
January 9, 2007. So the town's position is not subject to the ZBA's
interpretation.
Mr. Sarcone:
As far as the court is concerned, if the interpretation of the ZBA is that my
client should be committed to use the property as he has always used it then
those tickets would be dismissed and that is why it has been adjourned to
January to give us time here. My clients are willing to make reasonable
accommodations.
Mr. FanueIe:
If the neighbors of this property are also in violation that too should be cited.
Mr. Sarcone:
Our position here is that the town has acknowledged their use since 1991 and
has encouraged their use.
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Mr. Fanuele:
Something must have triggered them getting two tickets.
Mr. Caviglia:
Give me a call and we will talk.
Mr. Fanuele:
We will set a public hearing for October 24,2006 and we will do a site visit on
September 16,2006.
Mr. Sarcone:
Fine I'll contact you tomorrow Marco.
Appeal No. 06-7323
Ernest & Jennifer Acampora
-Seeking an area variance of Section 240-37 of District Regulations in an R-40/80 Zoning District.
-Where the code states...in no case shall Accessory Structures be permitted in the front yard the
applicant requests a variance for a detached !!ara!!e in the front yard in the size of 40 X 60 feet.
The property is located at 46 Smith Crossin!! Road and is identified as Tax Grid No. 6359-03-089462 in
the Town of Wappinger.
Mr. Acampora:
I would like to put up a pole barn in my front yard about 250 feet from the
road.
Mr. Prager:
How big is the pole barn?
Mr. Acampora:
40 X 60 feet and I need it because I just acquired a fire truck.
Mr. Prager:
It looks like you have a lot of room in the rear of your yard.
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Mr. Acampora:
It would be to expensive to build it in the rear.
Town of Wappinger
Zoning Board of Appeals
Page 5
Minutes of September 12, 2006
Mr. Fanuele:
Is your lot flat?
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Mr. Acampora:
It grades up and we have wetlands here and this is the buffer.
Ms. McEvoy-Riley:
Why can't this be put in the rear?
Mr. Acampora:
Because of my septic fields here.
Mr. Prager:
What kind of a barn will this be?
Mr. Acampora:
It will be a pre-fab one.
Mr. Fanuele:
We will do a site visit on September 16,2006 and your public hearing will be
on September 26, 2006.
Appeal No. 06-7324
Jean & Judson Glover - Seeking an area variance of Section 240-37 of District Regulations in an R-20
Zoning District.
-Where a side yard setback of20 feet is required, the applicant is proposinl! a side setback of 16 feet, to
allow for a basement egress, thus reQuestinl! a variance of 4 feet.
The property is located at 69 Losee Road and is identified as Tax Grid No. 6157-02-806785 in the Town
of Wappinger.
Mr. Fanuele:
Are you looking for a place to get down to your basement?
Mr. Glover:
Yes, the house is there, it was a modular and the foundation was done for a
basement entrance and I wanted to put bilko doors in to protect it. It's on the
left side and with the trees on the side you really can't see it from the road or
the neighbors.
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Mr. Fanuele:
We will schedule your site visit for September 16th and your public hearing for
September 26, 2006.
Mr. Glover:
The bilko doors are actually already there and it was the interim plot plan that
brought the problem to everyone's attention.
Appeal No. 06-7325
Daniel Wernikoff - DRMJ Assoc.- 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 31.5
feet, to allow for an open wood deck, thus reQuestinl! a variance of 18.5 feet.
The property is located at 20 Dose Road and is identified as Tax Grid No. 6258-04-982333 in the Town
of Wappinger.
Mr. Prager:
So you are DRMJ?
Mr. Wernikoff:
Yes. I bought this property in October of2005 and there was a sunroom there
that had a bad foundation. It had been built in 1965 and I removed it because
it was unsafe. So now I'm looking to put a deck in its place.
Mr. Fanuele:
In the same place?
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Town of Wappinger
Zoning Board of Appeals
Page 6
Minutes of September 12, 2006
Mr. Wernikoff:
Yes, between the pool and the house.
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Ms. McEvoy-Riley:
Tania, he needs a variance for this?
Mrs. Lukianoff:
Yes because there are no records of approval for that.
Mr. Fanuele:
We will schedule your site visit for September 16th and your public hearing for
September 26,2006.
Appeal No. 06-7326
Nashir Kaba- 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 7.5 feet,
to allow for a 16' X 16' deck, thus reQuestinl!: a variance of 17.5 feet.
- Where a rear yard setback of 50 feet is required, the applicant is proposinl!: a rear side setback of 23
feet, to allow for a 16' X 16' deck, thus reQuestinl!: a variance of27 feet.
The property is located at 12 Lenny Court and is identified as Tax Grid No. 6257-01-359561 in the
Town of Wappinger.
Mr. Fanuele:
Do you have a survey for this property?
Mr. Kaba:
I thought I gave one in.
Mr. Prager:
If you could locate that and bring it in to Barbara, she could send us copies
before the next meeting.
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Mr. Fanuele:
So this will not extend to the side any further than the house?
Mr. Kaba:
Correct.
Mr. DellaCorte:
How long are you there?
Mr. Kaba:
18 years. I bought it brand new.
Mr. Fanuele:
We will also schedule your site visit for September 16th and your public
hearing for September 26, 2006.
Mr. DellaCorte:
Stake out your property line for us and where the deck will go.
Mr. Kaba:
Thank you.
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Appeal No. 05-7290-7291-7292
228 Mvers Corners, LLC
- Seeking an area variance of Section 240-37 of District Regulations in an NB Zoning District.
-Where a side vard setback of20 feet is required, the applicant is proposing a side vard setback of 13.6 feet to
allow for an existinl! metal shed, thus reQuestinl! a variance of 6.4 feet.
- Seeking an area variance of Section 240-37 & 240-67 A of District Regulations in an NB Zoning District.
-Where a lot size of 3 acres is required for motor vehicle sales use in buildinl! # I, the applicant is proposing a total
lot size of 3.6 acres, thus reQuestinl! a combined variance of 3.4 acres.
- Seeking an area variance of Section 240-70. A of District Regulations in an NB Zoning District.
-Where a lot size of2 acres is required for a proposed repair l!aral!e use in buildinl! # 3, the applicant is proposing
a total lot size of 3.6 acres, thus reQuestinl! a combined variance of 3.4 acres.
The property is located at 228 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
Page 7
Minutes of September 12, 2006
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MR. FANUELE: Appeal Number
05-7289-7290-7291-7292, 228 Myers
Corners, LLC, seeking an
Interpretation of 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 and 240-67 A of
District Regulations in an NB Zoning
District.
Where a lot 3 acres is required
for motor vehicle use in building #1,
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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
Regulation in an NB Zoning District.
Where a lot size of 2 acres is
required for a proposed use of
building #3, the applicant is
proposing a total lot size of 3.6,
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 lot size of 2 acres is
required for the proposed use in
building #2, the applicant is
Town of Wappinger
Zoning Board of Appeals
Page 8
Minutes of September 12, 2006
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proposing a total lot size of 3.6
acres, thus requesting combined
variance of 3.4 acres.
The property is located 228
Myers Corners Road and is identified
as Tax Grid No. 6258-02-702520 in the
Town of Wappinger.
MR. CAVILIGIA: One of the
things, just to place on the record,
there was in our review of the
transcript from the last appearance
when this matter was on, it was
evident there were some difficulties
with the motion and vote that took
place, that being that it was not
abundantly clear what exactly the
board was voting on. Preferably a
better articulation in reference to
what was being approved from the
viewpoint of all parties hopefully
would be needed. To that effect, I
had a conversation today with John
Adams, and also with Mr. Walsh to the
extent of finding out if there was a
motion to rescind the vote and revote
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with a better worded resolution
preferably in writing in order to be
clear on what exactly was being
approved. The only party I haven't
spoken to is Mr. Simeone.
MR. SIMEONE: I understand.
MR. CAVIGLIA: We want to see
if there was an objection on his
part. We would rescind the vote and
revote on it with a written
resolution so that regardless of the
posture of any parties in this case
it would be very clear on the record
as to what the vote was, so that
there would be no confusion here or
in another forum.
MR. SIMEONE: I have no problem
with that.
MR. CAVIGLIA: We have a
Town of Wappinger
Zoning Board of Appeals
Page 9
Minutes of September 12, 2006
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consent by all parties. On that
basis, we turn it over to the board
as to what their pleasure is as to
when they would like to schedule the
motion to rescind and at some --
MR. FANUELE: Schedule it for
the next meeting, 9/20 I can is he.
MR. SIMEONE: I'm sorry, I was
aware that might be the schedule and
I had another meeting scheduled for
that time and I attempted to change
the other meeting. I absolutely
cannot do it. If I may request the
board put it over to a further date,
I'll make sure I'm available.
MR. FANUELE: October?
MR. WALSH: The delay would be
difficult for my people.
MS. RILEY: Is it possible to
do a special meeting that Monday
before?
MR. FANUELE: Just the Planning
Board meets at seven-thirty.
MS. RILEY: Could we meet at
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six o'clock?
MS. ROBERTI: We could meet in
the senior room.
MS. RILEY: Is that possible?
MR. DELLACORTE: That wouldn't
work for me. That week may be bad.
Do the next one.
MR. CAVILIGIA: Which date?
MR. DELLACORTE: September
25th.
MR. CAVIGLIA: That's a Monday.
MR. DELLACORTE: Right, that's
a special meeting.
MS. RILEY: Is there a way we
can do it on the Thursday preceding
that, the 21st of September?
MR. WALSH: 18th is a Monday.
MR. CAVIGLIA: I won't be here.
That's the problem I had with next
week.
Town of Wappinger
Zoning Board of Appeals
Page 10
Minutes of September 12, 2006
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MR. WALSH: Any other time that
everyone is available.
MS. RILEY: What about
Wednesday?
MR. DELLACORTE: That whole
week is going to be bad.
MR. FANUELE: We have to make
it.
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MR. DELLACORTE: That may
change right now. It isn't
MR. WALSH: Isn't the public
hearing closed, so there is no
participation by us anyway? If
you're voting on rescinding the vote,
I don't know, I'm certainly -- I
wouldn't say a word, much to the
delight of the board I'm sure.
MR. SIMEONE: There's a
resolution that's going to be passed,
as you said, a written resolution,
that could be circulated, that would
be fine.
MS. RILEY: Go back to the
26th?
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MR. SIMEONE: Sure.
MR. CAVILIGIA: I won't be here
physically -- actually the 26th --
MS. RILEY: A normal meeting.
MR. CAVIGLIA: Tuesday the 26th
looks okay. Yes.
MS. RILEY: That's on the
schedule.
MR. FANUELE: Yes, on the
schedule for the 26th.
MR. DELLACORTE: You don't
require me for that. That week is
bad for me. The 25th through the
29th.
MR. CAVIGLIA: You'll have a
quorum on that meeting.
MR. FANUELE: If Doug could
make it.
MS. RILEY: It's a regularly
scheduled meeting, so it's on Doug's
Town of Wappinger
Zoning Board of Appeals
Page 11
Minutes of September 12, 2006
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calendar.
MR. WALSH: Barbara will let us
know?
MR. CAVILIGIA: Okay on that
item.
VOICE: From an agenda point of
view, can it be early that night?
MR. FANUELE: We can make it
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early.
MS. ROBERTI: Public hearings
are supposed to go first.
MR. FANUELE: We have quite a
number of public hearings.
MR. WALSH: I asked Counsel two
meetings ago, so you all remember,
building three is the one slated for
an auto shop, it's no secret Mr.
Libro has withdrawn as a tenant.
That whole application was started as
far as Mr. Libro was concerned
because he filed an application for a
special use permit. He filed an
application to occupy the premises
that was denied. He's no longer
here. Now, it's come up since he's
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no longer here, and obviously we're
only trying to rent the property to
somebody who wouldn't need a special
use permit. Why don't I just
withdraw that request to make it,
because we're dropping variances, as
you notice that would be the variance
where lot size of two acres is
required for proposed repair garage
in building three. That would leave
building one as the only building
that would need three acres, because
that has an existing, and I'm not
trying to put words in the Town
attorney's mouth, you have a letter
in your files from Mr. Roberts that
Mr. Adams and I have given you, which
says the auto repair use in the front
building.
Town of Wappinger
Zoning Board of Appeals
Page 12
Minutes of September 12, 2006
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MR. STOLMAN: Auto sales.
MR. WALSH: In the front
building is a preexisting, non
conforming use. It's a whole -- you
don't make any difference in the code
between wholesale and retail. My
biggest problem, I'd love to drop it
and make it much easier, we're not
contesting the variance and I have
been speaking on the 6.4 feet on the
shed. So, that really makes things a
littler easier, moves things along a
lot quicker. If I end up with the
building in front as a preexisting
non conforming auto sales facility
and it requires three acres, even
though it exists on point six acres,
that's before the Planning Board in
the site plan measuring it exactly.
It takes up all the space just about
on the commercial area of the site.
You have certain requirements in the
Town for parking and employee
parking. It seems if anybody for any
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other building completely in
compliance with the zoning I wouldn't
be able to use it. What I need,
somehow it's really a clarification,
may come from Mr. Roberts, it is the
point six acres it occupies is part
of the non conforming use. That law
requiring three acres was passed way
after the auto facility was there. A
lot of that parking area in front has
to be used for employees of the other
offices in the main building. I
expect to use some parking, when the
layouts we did in the back showed ten
or twelve spaces for each building,
everything will be taken up by the
giant amorphous change thing. I'd
love to drop number one. We don't
have to do it tonight. Somehow
building one, is a preexisting non
Town of Wappinger
Zoning Board of Appeals
Page 13
Minutes of September 12, 2006
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conforming use, which is a statement
on the record, it occupies the space
it occupies, so I don't lose
everything else on the premises. The
NB zoning, I can't put anything in
the R40 in the back. Frank, I think
I expressed that.
MR. SIMEONE: That's what we
discussed.
MR. CAVILIGIA: Something you
want to add?
MR. SIMEONE: No, not at this
time, not other than has already been
stated to the board.
MR. CAVIGLIA: The one
observation I would make to Mr.
Walsh, if the three acres is
pertinent to building one being used
in its present form, the solution is,
since you'll have to go to the
Planning Board anyway, and you'll
have to specify specific uses for
building two and three, at least
generically so you can determine what
sort of requirement would be needed
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for parking for building two and
three. At that point in time if you
needed a variance concerning building
one, then that would be a more
limited variance application you can
make at that time, because many of
the issues that exist right now with
your application as it stands would
expire or cease to exist, the way I
see it, because we presumably will
have a resolution on building two and
with regard to building three,
depending what you put in there and,
in fact, put into building two. So,
what I am saying is that aside and
apart from a determination that the
prior non conforming use brings along
with it the point six acres as you
say, or whatever that amount actually
Town of Wappinger
Zoning Board of Appeals
Page 14
Minutes of September 12, 2006
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is, by my way of thinking, if the
board does decide it's three acres,
you would have to come back after you
designate uses of two and three
anyway, because if it did require a
variance for building one, you would
then know how much of a variance to
ask the board. Really we'll be
limited to that. Since it is a prior
non conforming use on building one
and we don't know what building two
and three are being used for, I would
say many of the issues that have
slowed this process down tremendously
will no longer exist. It will be a
straight forward area variance, if
you need one on building one. Your
experience, your client it would be
different.
MR. WALSH: I can't rely on
that. With the greatest respect to
everybody here, boards can change and
people can change. No matter what I
do, I have a feeling somebody will
oppose anybody going in there. That
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may happen. I can see, you know, any
retail shop there will be something
wrong with a kite store or something
wrong with a hardware store or a
fireworks shop, whatever comes up.
We don't have to do it tonight. I
wouldn't mind withdrawing completely
that variance request with a
stipulation everybody recognizes,
rather than going backwards so I have
to figure out what I'm doing first,
where I don't have tenants in the
other building. I want to say I have
point six acres in the front and
we'll never exceed with that or stay
with that and I'll come back to this
board and then I know what I got and
I can play with that in the future.
This seems to be a good forum for
Page 15
Town of Wappinger
Zoning Board of Appeals
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Minutes of September 12, 2006
that. I don't think there's anything
wrong putting a stipulation on the
record later where I withdraw that
and I don't have to worry about that.
You may have to meet Mr. Roberts
because he wrote the original letter.
I'm not making that up. That's what
exists on that now. I don't want the
huge vacuum of three acre requirement
that comes years and years after the
auto sales facility was put in
building one that sucks up the rest
of the site and I can never get a
tenant. That's the only point.
Doesn't have to be done tonight. I
want to bring that up in front of
everybody.
MR. FANUELE: We would like to
see the buildings put to use and do
what you can to put something in
there. The buildings exist and we'd
like to use them.
MR. WALSH: Thank you very
much.
Appeal No. 05-7285
O'Connor Subdivision - Seekinl!: clarification of decision
-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:
Mr. Hanig:
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Thomas O'Connor
Joel Hanig
- Applicant
- Attorney
We were here in the beginning of the year for a variance that would allow my
client with a subdivision application before the PB. There was a full discussion on
the private road that this is on. The board made specific requirements and I have
a full recognition that I told the board that not all the residents would sign the
maintenance agreement and that was totally out of our control.. Rod and Bev
Wellington would not sign the agreement but would contribute every year as that
have done in the past. We had a discussion then of everyone that would sign
except for the Wellington's. Their attorney had the maintenance drawn up and
filed and I thought we left it that the Town Attorneys would decide what was
proper. But now it does not comply with your decision and so we are back here to
ask for re-consideration by the ZBA under the circumstances of allowing the town
attorney to decide whether the road maintenance agreement signed by less than
100% of the property owners is satisfactory.
Page 16
Town of Wappinger
Zoning Board of Appeals
Mr. Fanuele:
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Mr. O'Connor:
Ms. McEvoy-Riley:
Mr. O'Connor:
Mr. Caviglia:
Mr. O'Connor:
Mr. Caviglia:
Mr. Fanuele:
Mr. Hanig:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
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Meeting ended at 9:00 PM
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Minutes of September 12,2006
Where does that owner live?
He is on the corner of Cedar Hill Road and Johnson Place.
It's important that you and that other owner all help maintain that road.
Yes he pays his share but just doesn't want to sign. He has been there for 10 years
and allows helps out.
So regardless of this non-participation the road is still being taken care of?
Yes.
The board and attorneys went over the names of all the owners and checked that
all the others had signed
If you are going to contemplate changing this there should be a public hearing.
We will set the public hearing for September 26, 2006.
Thank you.
Motion to adjourn.
Second the motion.
All present voted aye.
Respectfully Submitted,
~~./ Q~~
/ Z2(~LaCc~~ ~T{.( />- -
!l ara Roberti, secreta~ Lil 7
"Secretary - Zoning Board of Appeals