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1983-01-11The regular meeting of the Zoning Board of Appeals of the Town of Wappinger was held on Tuesday, January 11th, 1983, beginning at 8:00 p.m., at the Town Hall, Mill Street, Wappingers Falls, New York. ®... Members Present: Charles A. Cortellino, Acting Chairman Angel Caballero Joseph E. Landolfi G. George Urciuoli Members Absent: Carol A. Waddle, Chairperson Others Present: Hans R. Gunderud, Bldg. Inspector/Zoning Admin. Betty -Ann Russ, Secretary Mr. Cortellino then asked for the roll call. The secretary called the roll with Chairperson Waddle being absent. Mr. Cortellino presided as Acting Chairman. Mr. Cortellino then asked if the abutting property owners had been notified. The secretacry replied that the abutting property owners and the appellants had been notified according to the records available in the Assessor's office. Mr. Cortellino asked if the legal notices had been published. The secretary replied that they had appeared in the Southern Dutchess News. Mr. Cortellino noted that for people who may be attending for the first time, the way we conduct this meeting is to hear the cases in the order listed and we deliberate, we may come to a decision tonight or we may postpone our decision, either way you would be notified if you don't wish to wait until the end of the meeting. PUBLIC HEARINGS Appeal # 652, at the request of Barbara Guarino, seeking a variance of Article IV, Section 450.5 of the Town of Wappinger Zoning Ordinance, to allow for an extension of a:site plan approval beyond the one year requirement for the operation.of a home for .,,, the aged on property located on Route 82, consisting of 2.5+ acres, Zoning Board of Appeals -2- January 11th, 1983 being parcel # 6356-01-282945, in the Town of Wappinger. Mr. Cortellino read the legal notice. Mr. Vincent Guarino then came before the Board and was sworn in by Mr. Cortellino. Mr. Cortellino then asked him if he wished to explain before the Board asked questions. Mr. Guarino replied that the only thing he could really say the application is in Albany, been in Albany since May 5th of 1982, that is it, we haven't heard anything, that is the first phase of the application, it is a two part application, haven't heard, shouldn't say we haven't heard anything, we have had correspondence back and forth but there has been no decision or issuance of permits. Mr. Cortellino then asked Mr. Gunderud this is just for an extension of the site plan approval, right. Mr. Gunderud replied yes. Mr. Cortellino then asked him if he had no hang ups, any problems with this. Mr. Gunderud replied no. Mr. Cortellino then asked Mr. Guarino how much time he thought he needed, further time. Mr. Guarino re; -lied he didn't know, really don't know, didn't think it would take this long, thought a couple of months, submit the second phase which is the construction part of it, drawings and whatever else they need but haven't even gotten to that point. Mr. Cortellino asked if he could infer that and could understand that you don't want to make an investment, he could start construction without the State, the State has nothing to do with except that it may not be worthwhile, is he correct in that. Mr. Gunderud replied that he could get a building permit from our office and that would meet the one year requirement but apparently the State has to approve in order to get your State license. Zoning Board of Appeals -3- January 11th, 1983 Mr. Cortellino then commented to Mr. Guarino that he did not want to construct unless he got his State permit, is that correct. Mr. Guarino replied yes because there is also another aspect of it that is involved, can't apply for financing until he has the first phase of the application approved. Mr. Cortellino commented that he wasn't sure he followed, in other words, he thinks, let us say that you are not in a home type thing, let us say you are a private person that wished to get a house, okay, as long as you had a building permit you can get mortgage money, right, but think you don't wish to build. Mr. Guarino replied that the only difference here is the amount of money involved, from estimates so far will probably be about $350,000, now don't think we would be able to get that kind of financing without having something from the State that would allow him to do it. Mr. Cortellino then asked that Board if they had any problems with this or any other questions. The Board indicated that they had no other questions. Mr. Cortellino then asked if there was anyone present who wished to be heard. Mr. P.B. Jensen then came forward an noted that he was the new owner of the property next door to this particular parcel and would like to know for the record why he was not notified about this meeting first of all. Mr. Cortellino asked him when he became the owner of the property. Mr. Jensen replied the first of December. The secretary noted that they will probably not get the transfers into the Assessor's office until January, the notice were sent out around December 28th and at that time it was still listed as Dr. Scardapane, the transfers can take thirty to sixty days to have the change reflected. Zoning Board of Appeals -4- January 11th, 1983 Mr. Jensen then commented that he assumed that be would be informed about anything in the future for the simple reason that he would like to know what in the home next to him involves in aspects say what is his future, can he for instance have horse stables there because of the people, etc., etc. Mr. Cortellino replied no, then asked how many acres he had. Mr. Jensen replied 17h acres. Mr. Cortellino replied yes you could have horses there. Mr. Jensen asked irregardless of the home. Mr. Cortellino replied that's right. Mr. Jensen continued noting that he didn't mind the home at all, old people don't bother him, in fact he may like it. Mr. Cortellino noted that the Guarino parcel has no impact. Mr. Jensen noted that he wanted to know if this being there placed restrictions on his property. Mr. Landoli replied that for all intents and purposes Mr. Guarino has permission to go in any way. Mr. Jensen replied that he knows that too. Mr. Cortellino added that it does not affect Mr. Jensen's property, your property is unique, don't mean unique, unique, mean it is considered as a separate entity from Mr. Guarino's property. Mr. Jensen noted that he did look at the site plan and was concerned about this smaller parcel and what is was zoned for but obviously it is approved but also, Mr. Leskow, who is on the other side of it and he had some concerns about the various parcels but obviously it is approved they just have to make sure they stay there so as far as this gentlemen's extension that's not our business, jist want to make sure that we get on the list next time if there is a hearing for whatever reason. Zoning Board of Appeals -5- January 11th, 1983 Mr. Cortellino noted that now that he was on record he would be notified and did anyone else wish to speak. No one else present wished to be heard. Mr. Caballero then made a motion to grant an extension for one year. The motion was seconded by Mr. Landolfi. Vote: Mrs. Waddle - absent Mr. Cortellino - aye Mr. Urciuoli - aye The motion was carried. Mr. Caballero - aye Mr. Landolfi - aye Appeal # 653, at the request of Frank & Juliana Garofalo (Julfran Farm), seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to allow for a caretaker's cottage with full kitchen facilities as an accessory use in an R-40 zoning district, on their property located on Smith Crossing Road, consisting of approximately 130 acres, being parcel # 6359-01-110650, in the Town of Wappinger. Mr. Cortellino read the legal notice. Mr. Frank Garofalo then came forward and noted that he was the owner of Julfran Farm and had a permit to build a groom's quarters for help on the farm but did not have a permit to build a, to provide cooking facilities, well the problem he now has it built just about and he can't get anybody to live in it, there are no cooking facilities and respectfully request that this be considered, we have a 37 horses on the property now and the horses vary from anywhere from 30 to 40 because we transport them to the racetrack, race them back and forth and as he has previously told the Board and they very kindly acceded to his requests, that he is a retired physician and no longer physically capable of handling the horses himself and, therefore, to handle these type of animals you have to have expert help and you cannot obtain expert help unless you have facilities for these people, just can't get anybody unless he has, you know, where they can cook, this particular plan is a stallion barn that has a very small cottage as a part and under the same roof, the cottage consisting of two bedrooms and an open room for Zoning Board of Appeals -6- January 11th, 1983 our grooms for exercise the horses and it is very difficult to conduct a business unless he has that facility, this is a family operation and he has eight children but they are all gone, that's the problem. Mr. Cortellino asked Mr. Garofalo where he lives at this time. Mr. Garofalo replied that he lives on the farm on Maloney and Smith Crossing Roads. Mr. Cortellino commented that when he first applied he was in Connecticut, wasn't he. Mr. Garofalo replied that he was in Bedford Hills, we recently sold that property and now we are living up here. Mr. Landolfi asked how many people did they empl-oy right now. Mr. Garofalo replied we have right now six employees. Mr. Landolfi asked if they were full time. Mr. Garofalo replied that they have four full time and two part time and in order to train the horses we have to have additional *ftw jockeys to exercise them, which we are at that stage now, so he tried to talk a couple of fellows from the race track to come up and use the facilities that are in the barn and they said "forget it mister, we're not animals, we're human beings, we're not going to live in barns", at the race track they don't live in barns, they have very nice dormatories and private cottages, the things is he has horses to train and he is at an impasse, so he said he would a hot plate or something, they said"listen I am not taking my wife in here, to ride horses and worry about hot plates", you know there are a lot of people out of work but there are no jockeys out of work, that is the difference. Mr. Cortellino commented that he seemed to be discussing it in plurality, you are saying jockeys. Mr. Garofalo replied that you need more than one jockey to train horses. Mr. Cortellino added but you have one cottage. Zoning Board of Appeals -7- January 11th, 1983 Mr. Garofalo replied yes but there are two separate bedrooms, have the plans submitted, so that there will be two separate W.. bedrooms, they are not there all year round, our training period starts around the middle of May and ends around the first of December when the surface gets hard we can't train anymore, so they come and go, these people are not there all the time, they come like for a season, you pay them for a season, whey come and go, there are no small people in Wappingers Falls that can ride horses. Mr. Cortellino commented in Saratoga Springs there are a lot, you are saying that two couples would occupy the cottage. Mr. Garofalo replied that he couldn't afford two couples right now but in the future he might have two men come or a couple that both ride horses, the ideal thing is to have a couple both of which are riders, which is what a lot of farms have, all the farm areas have to have that facility you know, don't see how the farm could survive without training the horses because when he first built the farm it cost about $28 a day to train a horse at Aquadact or Belmont, right now it cost $55 to $60 so with that price if you can't do it yourself you can't train horses, you get priced out of the market, that's not really your problem, could sell the whole thing and move but don't really want to do that, am here to stay, provide a tremendous economy to the neighborhood, employ six people who live in the neighborhood, buy great amounts of feed from Agway in La Grangeville, not talking about a hunder or two hundred dollars worth, talking about several thousands of dollars a month, bought $10,000 worth of hay from two different farmers in his neighborhood, so he is contributing to the economy somehow, of course, he put Wappingers on the map too, Wappinger has the two best fillys in New York State right now, both born on hisfarm, unfortunately not owned by him, they were sold, in a nutshell that is his problem, that land was just a hangout for hoodlums when he bought it from Mr. Reynolds now it is oretty nice looking, wouldn't you say that. Mr. Gunderud replied yes, it is an asset. Mr. Caballero asked how many acres are involved here. Mr. Garofalo replied that there are actually 138 acres to be exact, everything is about a half a mile from the road, very far from the road, nobody sees anything that we do, we don't do anything illegal and wasn't going to put that kitchen in there and then three years from now Hans would come over and say "listen mister you have to pull that out", haven't done anything illegal so far that he knows of. Zoning Board of Appeals -8- January 11th, 1983 Mr. Caballero asked if the use of the cottage and the kitchen facilities part of their salary or. Mr. Garofalo replied yes, you don't give them food but you must give them lodging, they won't work for you unless they have lodging. Mr. Caballero then asked if the facility in no way would be rented. Mr. Garofalo replied no and you can put that right in the deed, don't rent anything, have no facilities to rent, we have people on the farm now that we are going to shift now from a mobile home because Hans says we have exceeded our time in the mobile home and these people have to move in there so we can make the mobile home into an office. Mr. Cortellino asked if this was legal. Mr. Gunderud replied yes. Mr. Cortellino then noted that the Board had received a letter from a neighbor, Cartwheel Farms, which he would read. "As neighboring landowners, we appreciate the watchful services provided by the various Town Official and Boards, especially within our historic area. The Garofalos should be commended for their most appropriate farmland resurrection - a positive contribution to a desireable rural atmosphere. As a matter of public record, we, the undersigned, support granting of a variance to allow for the accessory cottage. Considering the acreage, and it's present use, we cannot cite any objections to said request." Mr. Garofalo noted that he had received a copy of the letter and didn't know who the man is, he is a neighbor of Sid Corbin but don't know who he is. Mr. Gunderud noted that Mr. Koerner's property, Cartwheel Farms" borders Mr. Garofalo. Zoning Board of Appeals -9- January 11th, 1983 Mr. Cortellino then asked if there was anyone present who wished to be heard. No one wished to be heard. Mr. Caballero noted that he had no problem with this as long as it was not rented. A motion was then made by Mr. Landolfi that the requested variance be granted with the restriction that it be limited to work personnel and employees. The motion was seconded by Mr. Caballero. Vote: Mrs. Waddle - absent Mr. Cortellino - aye Mr. Urciuoli - aye. Mr. Caballero - aye Mr. Landolfi - aye It was then noted that a letter had been received from the Kennedys on removing their mobile home and the secretary was asked to send a letter to them advising them to submit an appeal before the Board could act on the matter. Mr. Gunderud then noted that an application for a Special Use Permit had been received from Stephen Ossenkop for a campground to be located on Robinson Lane. The Board advised Mr. Gunderd that the application could be forwarded to the Planning Board if it was acceptable to him. The secretary then noted that Mr. Cortellino's term expired next month. The other members of the Board advised the secretary to send a letter to the Town Board asking that Mr. Cortellino be reappointed for another term. A motion was then made by Mr. Caballero, seconded by Mr. Urciuoli, to adjourn. The .motion was carried and the meeting was adjourned at 8:25 p.m. Respectfully submitted, ( rs.) ty-Ann Russ, Secretary Zoning oard of Appeals br