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2006-10-24 ZONING BOARD OF APPEALS October 24, 2006 Agenda '-" Town of Wappinger Zoning Board of Appeals MEETING DATE: October 24, 2006 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for September 12, 2006. Approve minutes for September 26, 2006. Discussions: Appeal No. 06-7327 Dutchess LandscapiDl! Supplv- Seeking an area variance of Section 240-37 of District Regulations in an AI Zoning District. -Where a rear yard setback of 50 feet is reauired, the applicant is proposin2 a rear yard setback of25 feet, to allow for a in-ground pool for display purposes, thus reauestin2 a variance of 25 feet. The property is located at 30 Airport Drive and is identified as Tax Grid No. 6259-04-578332 in the Town of Wappinger. Appeal No. 06-7319 Ed Baislev- 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 reauired, the applicant is proposin2 a rear yard setback of 15 feet, to allow for a 20' X 40' garage with electric, thus reauestin2 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. '-" Appeal No. 06-7328 Lann Rubin 11- 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 proposin2 a side yard setback of 7.7 feet, to allow for a 20' X 26' two-car garage, thus reauestin2 a variance of 17.3 feet. The property is located at 3 Hi View Road and is identified as Tax Grid No. 6358-01-014569 in the Town of Wappinger. Appeal No. 06-7329 AIIen Kin2- 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 proposin2 a rear yard setback of 28 feet, to allow for a 12' X 17' open rear deck, thus reauestin2 a variance of22 feet. The property is located at 26 Thompson Terrace and is identified as Tax Grid No. 6256-02-619904 in the Town of Wappinger. Appeal No. 05-7290-7291 228 Mvers Corners, LLC - Seeking an area variance of Section 240-37 of District Regulations in an NB Zoning District. - Where a side yard setback of 20 feet is reauired, the applicant is proposing a side yard setback of 13.6 feet to aIlOW for an existin2 metal shed, thus reauestin2 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 buildin2 # 1, the applicant is proposing a total lot size of 3.6 acres. thus reauestin2 a com bined 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. ( Public Hearing was opened and closed on August 22, 2006. 62 day clock expires on October 24, 2006. ) Gasland Petroleum Co. - To revisit the application of Real Holding Corp. The property is located on Route 9 & Old HopeweIl Road and is identified as Tax Grid No. 6157-02-610544 in the Town of Wappinger. '-" ZONING BOARD OF APPEALS October 24,2006 ~ East Fishkill Traininl! Session: Two hour training course on general ZBA issues. Hosted by Dutchess County Planning office on November 30,2006. It will start at 7:00 pm at the Town Hall in East Fishkill on Route 376. Please RSVP to Barbara if you plan on attending. ..... '-" 2 Town of Wappinger Zoning Board of Appeals '-- MINUTES Town of Wappinger Zoning Board of Appeals October 24, 2006 Summarized Minutes Members Mr. Fanuele, Ms. McEvoy-Riley Mr. DellaCorte, Mr. Warren, Mr. Prager, Others Present: Mrs. Lukianoff, Mrs. Roberti, Mr. Caviglia Page 1 Chairman Member Member Member Vice-Chairman Minutes of October 24, 2006 lQ)lRii&\~l Town Hall 20 Middlebush Road Wappinger Falls, NY Zoning Administrator Secretary Special Counsel '-'" SUMMARY Discussion: Dutchess Landscaping Ed Baisley Lann Rubin II Allen King 228 Myers Comers Road Gasland Petroleum Co. '-" -Applicant didn't show. -Public Hearing on October 28, 2006. -Public Hearing on October 28, 2006. -Public Hearing on October 28, 2006. -Discussion on November 14,2006. -Discussion on November 14,2006. Town of Wappinger Zoning Board of Appeals ......... MINUTES Town of Wappinger Zoning Board of Appeals October 24,2006 Summarized Minutes Members Mr. Fanuele, Ms. McEvoy-Riley Mr. DellaCorte, Mr. Warren, Mr. Prager, Others Present: Mrs. Lukianoff, Mrs. Roberti, Mr. Caviglia Page 1 Chairman Member Member Member Vice-Chairman Minutes of October 24, 2006 Town Hall 20 Middlebush Road Wappinger Falls, NY Zoning Administrator Secretary Special Counsel '-- SUMMARY Discussion: Dutchess Landscaping Ed Baisley Lann Rubin II Allen King 228 Myers Comers Road Gasland Petroleum Co. ....... -Applicant didn't show. -Public Hearing on October 28, 2006. -Public Hearing on October 28, 2006. -Public Hearing on October 28, 2006. -Discussion on November 14,2006. -Discussion on November 14,2006. Town of Wappinger Zoning Board of Appeals ........ Mr. Warren: Mr. Fanuele: Vote: Mr. Warren: Mr. Fanuele: Vote: Page 2 Minutes of October 24, 2006 Motion to approve the minutes for September 12,2006. Second the motion. All present voted aye. Motion to approve the minutes for September 26, 2006. Second the motion. All present voted aye. Appeal No. 06-7327 Dutchess Landscapinl! Supplv- Seeking an area variance of Section 240-37 of District Regulations in an AI Zoning District. -Where a rear yard setback of 50 feet is reauired. the applicant is proposinl! a rear yard setback of25 feet. to allow for an in-ground pool for display purposes, thus reauestinl! a variance of 25 feet. The property is located at 30 Airport Drive and is identified as Tax Grid No. 6259-04-578332 in the Town of Wappinger. Applicant did not appear before the board. Appeal No. 06-7319 Ed Baislev- 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 reauired, the applicant is proposinl! a rear yard setback of 15 feet. to allow for a 20' X 40' garage with electric, thus reauestinl! 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. ........ Mr. Baisley: Mr. Prager: Mr. Baisley: Mr. Prager: Mr. Baisley: Mr. Prager: Mr. Baisley: Mr. Fanuele: Mr. Baisley: Mr. DellaCorte: Mr. Baisley: Mr. Prager: Mr. Baisley: ....... I need a garage 20' X 40' with electric for a few vehicles that I have and that is really the only place that I can see to put it. There is a circular drive around the house and it is level there. These dimensions on this are from a site plan? Yes. How long have you owned this property? Three years. What type of building would this be and can you bring the site plan to the next meeting? Yes I will bring it and it will be wood construction. What will you be storing? Vehicles for personnel use. Is this property very wooded? It is pretty wooded to Route 9 D, the house is on Old State Road. The garage will be set pretty well in. I will set the site visit for October 28,2006 and your public hearing for November 14,2006. Please stake out the building and the property line. Thank you. Town of Wappinger Zoning Board of Appeals '- Page 3 Minutes of October 24, 2006 Appeal No. 06-7328 Lann Rubin 11- 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 proposin!! a side yard setback of7.7 feet. to allow for a 20' X 26' two-car garage, thus reQuestin!! a variance of 17.3 feet. The property is located at 3 Hi View Road and is identified as Tax Grid No. 6358-01-014569 in the Town of Wappinger. Mr. Rubin: Mr. Prager: Mr. Rubin: Mr. Prager: Mrs. Lukianoff: Mr. Prager: Mr. Rubin: Mr. Prager: '-'" Mr. DellaCorte: Mr. Rubin: Mr. Prager: I gave information for you to look at tonight. On page 7, to the left we put in a pool and hot tub. We received permits for them and the neighbors approved of it. On page 8, is the downstairs entrance which is for the day care and is where the garage will go in. We can't dig out the bushes since the septic is also there. The garage is coming from the Amish Country and it will match the house. The area between the house and the walkway is 18.5 ft., so what is the reason why this can't be next to the house? We need the entrance for the daycare. Tania, what is the minimum the building can be from the house for separation? Six feet. This seems rather wide and the septic comes all the way over here. Yes with the leech field also We will set the site visit for October 28,2006 and your public hearing for November 14,2006. Mark out on the ground where the garage will go. Also stake out the property line. I'm not positive where the line is? Use the survey as a guide. Appeal No. 06-7329 Allen Kin!!- 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 proposin!! a rear yard setback of 28 feet. to allow for a 12' X IT open rear deck, thus reQuestin!! a variance of 22 feet. The property is located at 26 Thompson Terrace and is identified as Tax Grid No. 6256-02-619904 in the Town of Wappinger. Ms. Bronson: Mr. Prager: Ms. Bronson: Mr. Prager: Mr. Fanuele: Ms. Bronson: Mr. Prager: '-" Ms. Bronson: I am Debbie Bronson and I am a friend of the owners and representing them as they are living out of town now. The deck has been up for at least 26 years to my knowledge. Currently the house is up for sale and we need to legalize this. How old is the house? About 40 years old. I have a survey map with me tonight. Bring that up to us please. How long has the deck been on the house? At least 20 years. Do you know where the rear line is? No. Town of Wappinger Zoning Board of Appeals Mr. Prager: '-'" Ms. Bronson: Page 4 Minutes of October 24, 2006 We will use the map at the site visit on October 28,2006. and the public hearing will be on November 14,2006 Thank you. Gasland Petroleum Co. - To revisit the application of Real Holding Corp. The property is located on Route 9 & Old Hopewell Road and is identified as Tax Grid No. 6157-02-610544 in the Town of Wappinger. Present: Mr. Prager: Mr. Siebert: Mr. Caviglia: Mr. Cappelletti: ~ Mr. Caviglia: Mr. Siebert: Mr. Prager: Mr. Siebert: Mr. Caviglia: Mr. Prager: Mr. Siebert: Judson Siebert Vincent Cappelletti We are re-visiting this appeal tonight. The last time we were here we were seeking a series of variances for this gas station. The board granted all of the variances say one, the variance for the separation between the 7/11 store and the corner lot. We commenced the proceeding under Article 78 of the civil practice law and rules. Last December, Judge La Cava heard our proceeding and issued a decision and order dated and entered on December 14, 2005 which remained the application back to you for re-consideration. The court said it was unclear whether the ZBA complied with the Town Law as the exact manner in which it weighed the benefit to the petitioner if the variance was granted as against any health, safety and detriment to the community. That is why we are back. I will need an opportunity and I do apologize because I didn't realize this would be an issue, I'll need to study the opinion to recommend to the board whether we proceed as Mr. Siebert suggests or if some sort of factual imput is either allowed and if so necessary. You've had ten months to study this. We are back before you to proceed. This has already cost me $15,000.00. We will need to set a public hearing. No the Judge said no further hearings. I understand your frustration but I am going to go by the recommendation of our attorney. Can we get on the next agenda for that purpose? 1 will have something ready by the next appearance. We will put you on the 14th of November. Thank you. Appeal No. 05-7290-7291 228 Myers Corners. LLC - Seeking an area variance of Section 240-37 of District Regulations in an NB Zoning District. -Where a side yard setback of20 feet is required, the applicant is proposing a side yard setback of 13.6 feet to allow for an existinl!: metal shed. thus reQuestinl!: a variance of 6.4 feet. - Seeking an area variance of Section 240-37 & 240-67 A of District Regulations in an NB Zoning District. - Where a lot size of 3 acres is required for motor vehicle sales use in buildinl!: # 1, the applicant is proposing a total lot size of 3.6 acres. thus reQuestinl!: a combined variance of 3.4 acres. The property is located at 228 Myers Corners Road and is identified as Tax Grid No. 6258-02-702520 in the Town of Wappinger. ( Public Hearing was opened and closed on August 22, 2006. 62 day clock expires on October 24, 2006. ) Present: ~ Don Walsh Peter Karis Town of Wappinger Zoning Board of Appeals Page 5 Minutes of October 24, 2006 Mr. Prager: As everyone knows by now I have recused myself from this project. ........ Mr. Walsh: I think I said on September 22,2006 that I don't think that I need a SUP on building number three and your professional said yes you can drop that and why don't you drop building number I also since you have the three acres. But my biggest problem with that is that I certainly have the three acres that you have to have for building one and the auto dealership occupies far less space then that so I rather not do that. So I had my engineer go out and measured that site. Mr. Karis: At this time Mr. Karis described the acreage that each building occupies. For the front area .338 acres is used for the car dealership, exterior parking is .33 acres. There is an overlap in required parking because of the overlap of offices. Mr. Caviglia: So if you look at the building and the parking area and the used car inventory area the total is .44 acres? Mr. Karis: Correct. The rest of the area is parking and aisle areas associated with the other buildings and uses on the site. We have prepared a parking calculation which not only takes into account the specific users but other permitted uses in other areas that we don't have specific users in and we have taken an approach using a retail parking calculation which is a more conservative number. Mr. Walsh: When I sat with David Stolman we used overlays with three different parking plans since we didn't know which tenant would be in there and this is the most spaces that would ever be demanded under your code and this plan is going back to the PB. '-'" Mr. Caviglia: The only issue that comes up is that the board is aware that subsequent to the meeting on September 22, I received a sort of a summary of it. I was not part of that meeting between the town attorney who is also the planning board attorney, Dave Stolman the town planner and Mr. Walsh and I had that information conveyed to me and I then forwarded a letter of which Mr. Walsh only received on Friday. Today is when I received the revised site plan for the ZBA. Mr. Stolman had asked for specific acreage allotments for a number of things and this was the purpose of the letter so we could know conceptually what the footprint would be for buildings 2 and 3 and we could subtract buildings 2 & 3 and compute how much of a variance they actually need. That is really the sole purpose. Mr. Karis: On sites with multiple buildings we typically look at the parking calculations and we total them for the site. So in essence what we have shown is by calculating out the users for each of the three buildings we come up with a total applied parking of 87 spaces. With the parking as shown on the plan and including the used car sales areas and the amount of cars stored in there we come up with a total of 123 parking spaces on the site which is in excess of what is required. What we are showing is actual striped parking areas of 59 spaces shown and we do have the ability to increase the amount of striped parking areas if its determined that this used car storage area does not count in the total number of spaces on the site. Mr. Caviglia: I have been advised that they do not count because they are specific for used car inventory and can't be included for the others. So I guess what I am asking is how much space acreage wise your footprint and your anticipated parking areas will be for buildings 2 & 3? We are just looking for raw figures so we can determine a calculation. ....... Town of Wappinger Zoning Board of Appeals Page 6 Minutes of October 24, 2006 Mr. Karis: That will require a revision to the plan. "-' Mr. Caviglia: Based on your calculations at this time the way you have laid it out, can you come up with a figure? Mr. Karis: No not tonight. Mr. Caviglia: The problem we have is that the variance has to be precise. Depending on what you do later you may need a variance for future use. Mr. Walsh: We will do the maximum, whatever that is. We will extend this extension through the meeting on November 14th, 2006 which will give us enough time to give you the information. Ok, so Pete you can figure that out and get that to the board so they have time to go over it and Pete will be here at the next meeting as I will be in the hospital. Mr. Simonetti: Are they only looking for a variance for building one tonight and that they only use .4 of an acre? Mr. Caviglia: Yes and also the shed. We are trying to determine how much off of the three acre requirement it would normally need and we need some hard figures to subtract from three acres in order for the board to know exactly how big a variance it would be giving. Mr. Simonetti: I'm concerned that since there is a car dealership there now that does wholesale business, what if they sell it and a car dealership goes in to use the same amount of land. You have already given the variance to use that land for business on .4 acres. Well that's not truly what's done today. I want to make sure I can't buy this or take this over from these guys and lease it tomorrow and change it to a real dealership. "-' Mr. Caviglia: Ifthere is a decided difference between a used car and a new car dealership then I am sure the requirements would have to be met. If it is deemed to be the same legal use then.. .. Mr. Simonetti: I guess I don't look at it that way and what's there is different to me then a used car dealership. Mr. Caviglia: I don't think there is a legal distinction between the two under our code. Mr. Simonetti: Would they need to come back for variances on these two back buildings? Mr. Walsh: Not if they are a permitted use. Mrs. Lukianoff: Once the use is established if they are permitted fine but you also mentioned not permitted uses. If it is not permitted it is not permitted. We are only dealing with permitted uses. Mr. Walsh: Yes according to your law it says if it is not on your list then its deemed prohibited. So we are trying to find tenants that are on the list and permitted with the amount of acreage that is left there. So I have to have the parking spaces for the tenants in the back. So when we have the calculations we will get them up to Barbara and we will be back on the 14th of November. .'-r' Mr. Simonetti: And you will come back if you have a repair garage? Town of Wappinger Zoning Board of Appeals Mr. Walsh: .~ Page 7 Minutes of October 24, 2006 Yes. Goodnight. East Fishkill Trainine: Session: Two hour training course on general ZBA issues. Hosted by Dutchess County Planning office on November 30, 2006. It will start at 7:00 pm at the Town Hall in East Fishkill on Route 376. Please RSVP to Barbara if you plan on attending. Jennifer McEvoy-Riley and Howard Prager announced they would be attending. Mr. Prager: Mr. Warren: Vote: Mr. Warren: Ms. McEvoy-Riley: Vote: Motion to go into executive session. Second the motion. All present voted aye. Motion to come out of executive session. Second the motion. All present voted aye. 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. ...... Mr. Prager: Ms. McEvoy-Riley: Mr. Warren: Roll Call: Ms. McEvoy-Riley: Mr. Fanuele: Vote: Meeting ended at 9: 15 PM ........ Motion to dismiss the Interpretation of Brian & Irene Moody. It's the resolve of this board to dismiss it because of a time lapse on it and according to Town Law 267-a (5) (b) and Town Code 240-107 C (2) (a). So moved. Second the motion. Mr. Fanuele, Aye. Ms. McEvoy-Riley Aye. Mr. DellaCorte, Aye. Mr. Warren, Aye. Mr. Prager, Aye. Motion to adjourn. Second the motion. All present voted aye. R~.~IIYS~~ed~........ .....,'.' l <4:f,. /fA ,,/ ~ M i1 Ga~~b~t ~'/ Secretary - Zoning Board of Appeals