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1983-03-08Zoning Board of Appeals Meeting March 8, 1983 The regular meeting of the Zoning Board of Appeals was held on March 8, 1983 in the meeting room of the Town Hall, Mill Street, Wappingers Falls. `f.. Mrs. Waddle called the meeting to order. She then asked the secretary for the roll call. Members Present: Carol Waddle, Chairperson Joseph Landolfi Charles Cortellino George Urciouli Members Absent: Angel Caballero Othere present: Hans Gunderud, Building Inspector/Zoning Administrator Dottie Hirsch, Acting Secretary Mrs. Waddle asked if the abbutting property owner had bee notified. Mrs. Hirsch replied they had been according to the records available in the assessor's office. Mrs.Waddle explained how the meeting would be run. She then announced the first appeal. She explained that appeals #'s 656 and 657, at the request of Nils Anderson and Henry Mierzwa respectively, had been postponed until June. #658 - Mrs. Waddle asked if there was anyone present for this appeal. Mr. Gunderud told the board that Mrs. Kennedycalled yesterday and explained 11%W that she would have difficulty getting to the meeting at 8:00. He had told her she was third on the agenda and probably would not be up until 8:15 PM, which she said would be fine. Mrs. Waddle stated she would go on to the next appeal for now. She read the next appeal #659 and asked if anyone was present to speak for this appeal. #659 - Representative - Harold Riley Mr. Riley stated the property was located on Route 9D in Hughsonville. The parcel is improved by 2 rather ancient structures, one is presently occupied by Mr. Stark, who is present this evening, who operates a motor vehicle repair ship, and the second one was up until recently occupied and used by Miss Abbott and her sister as a hardware store. Her sister died within the past year and she has been unable to continue it. Part of the structure is rented by Mr Laher, who is also here this evening. Mr. Stark and Mr. Laher each propose to purchase the respective structures that are occupied by them. Mr. Stark has been there at least 8 years, Mr. Laher has been there 8-10 years also. It is impossible to sell property without subdivision approval. Doing so would increase non -conforming due to the side - yard requirements but decrease it because there would be one structure on each lot. It is virtually impossible at the present time to sell the property in one parcel. Miss Abbott would like to liquidate the properties due to her advancing age. The property is unique in that it is the only parcel in the Hughsonville area that has been improved with 2 structures and it would not harm the character of the community because the structures have been there for *Saw a long time; they will not be removed and they will be maintained in the same condition they are now. He will be happy to answer any questions the board may have. Zoning Board of Appeals March 8, 1983 Page 2 Mrs. Waddle asked what Mr. Laher proposed to do with that building, storage? Mr. Laher, Rt. 9D, Hughsonville, stated he would continue using the portion he is now renting for storage and would probably rent the other half for something like a hardware business. Mr. Landolfi asked Mr. Gunderud if the legal notice covers all the requested variances. Mr. Gunderud replied that it appeared 4 variances were needed and the legal notices only covered two. Mrs. Waddle asked if the abutting property owners were present. There were none. Mr. Cortellino asked if Mr. Laher would be continuing to rent the building he is in currently. Mr. Riley stated that Mr. Laher has entered into an agreement to purchase the building he is occupying since the original application had been filed. Mr. Cortellino wanted to be sure the agreements would be executed. Mr. Riley stated they had been subject to proper approval. (the ZBA's and the planning board.) Mrs. Waddle asked if there was anyone to speak in favor of this variance. There was no one. She then asked if there was anyone to speak against this variance. There was no one. The board discussed the appeal. Mr. Landolfi's concern was that the legal notices cover the necessary variance requests. Mr. Gunderud stated the section stated did but the words themselves did not. He felt that they would be okay since the information was mentioned in tonights testimony. Mrs. Waddle asked for a motion. Mr. Urciouli made a motion the requested variance be granted. Mr. Cortellino seconded the motion. Vote: 4 ayes. 1 absent. Motion carried. The variance was granted. Mr. Gunderud stated that Mrs. Kennedy was not present yet. Mrs. Waddle stated they would move on the the Special Use Permit for a campground. She stated she had some correspondence from the Town Board on this subject. She then read the letter. 0 Zoning Board of Appeals Meeting March 8, 1983 Page 3 Mr. Osenkop came in shortly after she started, so she re -read the letter. The letter stated the camp gound should come under the recreation use and therefore should come under Town Board control. It was requested that the variance be denied so it could go before the Town Board. Mr. Gunderud stated he, as Zoning Administrator, felt it did not come under the recreation and should not go to the Town Board. Mrs. Waddle stated the Town attorney felt it did. Mr. Gunderud had received no correspondence to that effect. Mrs. Waddle read the letter from the Town attorney to the Town Board, stating he felt it was a recreational vehicle use and was not under the ZBA jurisdiction. She stated this was the first recreational camp to come into the Town of Wappinger and perhaps the Town Board should review it. Discussion - attorney letter, interpretation of the word "private", what the Town Board considers recreational use. Mr. Gunderud explained he had accepted the application as a campground under Section 7 of the permitted uses. He had not received a copy of the letter so could not research it. Mrs. Waddle stated she had just received it at the beginning of the meeting. Mr. Osenkopf stated he felt it would only be fair that the variance be post- poned until his attorney had a chance to review the letter and answer it. Discussion - when letter received, no advance notice, possivility to discuss further with the attorney. Mr. Ossenkop stated he thought his attorney should have a chance to go over the letter before the request was denied. Mrs. Waddle stated the only reason it would be denied was to allow it to be turned over to the Town Board to be reveiwed by them. Mr. Gunderud stated he would like to submit an interpretation as the ZA because he felt that what Mr. Ossenkop had submitted was a private campground, and since other prople felt differently, he felt the proper solution was to submit an interpretation to the ZBA, which has the power to make the final determination. Mr. Landolfi asked what Mr. Gunderud's interpretation of a private camp was. Mr. Gunderud stated the alternate would be a public camp, run by the State, Town, etc. Discussion. Mr. Waddle agreed with Mr. Adam's. NOW Mrs. Waddle asked that the item be tabled and a meeting with the attorney, the Zoning Administrator, and the chairman of the Ordinance committee from the Town Board, be set up. Zoning Board of Appeals Meeting March 8, 1983 Page 4 Mr. Landolfi seconded the motion. Vote: 4 ayes, 1 absent. '\r Motion carried. Mrs. Waddle asked if Mrs Kennedy was here yet. She stated Mrs. Kennedy was asking for an extension of the decision of the Zoning Board to remove her mobile home on Smithtown Road. Representative: Mary Jane Kennedy, Smithtown Road. Mrs. Waddle asked what the problem was. Mrs. Kennedy stated they were unable to find anyplace to move the mobile home to. She has looked extensively but all the trailer courts require the prospective resident purchase a trailer from them They have thought about selling their trailer and moving into a new one but realtors have told them that if the trailer can't stay where it is they would be unable to sell it in this area. Mrs. Waddle asked when the previous )first) extension had been granted. It was granted in August. Mr. Landolfi asked when the trailer was first put in place. (1973) He wanted to find out how long this had been going on. Mrs. Waddle stated they were only asked to move the trailer in July or August and they asked for the 6 month extension, which is not up. Mrs. Kennedy stated they were allowed 6 months to move the trailer, it was not an extension. Now, they were asking for the extension. Mr. Landolfi asked Mrs. Kennedy what she thought was a reasonable length of time. Mrs. Kennedy suggested at least 6 months so they could do something. Mrs. Waddle asked what they were trying to do that had not been done yet. Mrs. Kennedy stated they were trying to clear the hold-up on the deed because there were so many names on it. If they could get that cleared, they could build a home in there. There were no more questions from the board. Mrs. Waddle asked if there was anyone present to speak in favor of the variance. No one was present. She then asked if there was anyone present who wished to speak against this variance. Mr. Lilly, off Smithtown Road. He explained that he and his neighbors had agreed not to poopose this application for an extension as long as the ZBA set a difinite date for the "trailer and everything that with it" to be removed and no more extensions be granted. Zoning Board of Appeals March 8, 1983 Page 5 Mrs. Waddle read a letter in regard to the appeal stating the same thing as Mr. Lilly had just said. It was signed by Jeff Greenland, Dennis Holt, John Jackson, S.A. Rega, and Seth Lilly. Mr. Cortellino made a motion to grant the extesnion until the first day of October. Mr. Urciouli seconded the motion. Vote: 4 aye, 1 absent. Motion carried. Mrs. Waddle asked if there was any other business to come before the board. There was none. Mr. Cortellino made a motion to adjourn the meeting. Mr. Landolfi seconded the motion. Vote: 4 ayes, 1 absent. Motion carried. The meeting was adjourned. Respectfully submitted, Dorothy Hirsch Acting Secretary LC/fh 975