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1983-10-11The regular meeting of the Zoning Board of Appeals of the Town of Wappinger was held on Tuesday, October 11, 1983 beginning at 7:00 PM, at the Town Hall, Mill Street, Wappingers Falls, New York. Members Present: Angel Caballero Charles A. Cortellino Joseph E. Landolfi G. George Urciuoli Members Absent: Carol A. Waddle, Chairperson Others Present: Hans Gunderud, Building Insp./Zon. Adm. Betty -Ann Russ, Secretary Mr. Cortellino: Appeal #710, at request of W. MacGeorge of MacGeorge Automotives, seeking a variance to Article 4, Section 422, of the Town of Wappinger Zoning Ordinance, would allow a building in an NB (neighborhood business) Zone, with a 50 foot setback from county road where 75 foot setback is required of property located on All Angels Hill Road being parcels #6357-03-190015 & 18500 for the Town of Wappinger. Mr. Cappelli introduced himself as the architect representing applicant. The reasoning for being here this evening is actually twofold, one is for a Special Use Permit to allow this automotive facility in an NB Zone as well as for the 50 foot setback. We have already been to the Planning Board for this and have had review with them knowing that we had to come here first and then go back to them and... Mr. Landolfi: I've got a problem with that, in the legal notice he is looking for a variance and not a Special Use Permit. Mr. Cappelli: I am not sure at this time whether the Special Use Permit would require a public hearing. It gets referred to you at this point and to the Planning Board and then back to you, so I'm not sure it has to be publically noted to the newspapers. Bettv--Ann Russ: The public hearing is for the variance, they are also under new business for the Special Use Permit. Mr. Cappelli: Again, we have been to the Planning Board, last month, and went over the preliminary plans with them and they seem to have no problem with the preliminary sketch that we submitted, and seemed to indicate no problem with the 50 foot setback. Basically, we are here to submit the plans and have them forwarded on to the Planning Board to continue the process for the Special Use Permit, and obtain the 50 foot variance. Mr. Cortellino: Why do you wish to build within 50 feet instead of 75 feet? Mr. Cappelli: We are on the corner of All Angels Hill Road and Park Hill and we are maintaining 50 feet from Park Hill and we want to maintain 50 feet from All Angels, basically to stay further away from the residential neighborhood in the rear, in essence, and this is what we went over last month. The building next to it, the 7-11 is right up there on the road also, so this was our main reason, to keep -2 - Zoning Board Of Appeals Meeting, Town of Wappinger, 10/11/83 it as far away from this neighborhood, as you can see from our sight plan, here. Mr. Urciuoli: Can we see that site plan? Mr. Cappelli: Park Hill, we are coming in off All Angels, we didn't want to disturb Park Hill. We have doorways on both sides for the Automotive facility and we tried to conceal them, as you can see by the shape of our building. You can't really see the doors from All Angels at all, we have sufficient plantings, we feel. Mr. Landolfi: The Planning Board is concerned that this will look like a garage. Mr. Cappelli: Yes, that was their basic concern. That was basically the only thing. When you submit it to us make sure that you bring some architectural preliminaries as to what the character of the building is going to be like. We want to keep it residential in character and not have Route 9's fall in that particular area, and we said, no problem. We have kept the parking out of the front, altogether. We have the building right to 50 feet, no blacktop in the front, all lawn. 50 feet to the property line, we have 20 feet to the edge of pavement actually. Mr. Cortellino: Is there anyone who has any questions? Mr. Rubel, 4 Park Hill Drive: One of the fears that we were having about this, is there is an autobody repair place on the corner, Unionvale, and *4.. one of the problems that we have there is that the cars are on the shoulder of the road and alot of us on the block have children and one of the fears that we were having were children playing in the cars while they are parked in the back at night. We wanted to talk about having a 6 or 8 foot fence built in back, but the major problem we were having was the freedom of traffic off All Angels. There is a two lane road over there and if a car is parked out in front, we have fears that accidents will be caused. The last thing we want of do is infringe on anybody's right to build a business as long as they conform to some of the town ordinances. That is why we have great fear about 50 feet. We feel that if they had the initial 75 feet, there would be more room to park in the front and this way, no one will have to park on All Angels. Mr. Cortellino: I have a question to ask you. Since I go through that intersection all the time, you, as a resident of that area, we cannot enforce the law. Why don't you call, number one, about the parking in front of the 7-11 and also the parking on the shoulder? Mr. Rubel: We were here, not in front of this board, many times, meeting with the police, in terms of the robberies and the kids hanging out. We met with Louis Deihl, many times. We met with the State Police. We have been here on many occasion. I don't believe that any of you gentlemen were at the meetings we had. There has been alot of police patrol in the area. With Unionvale, we call up and they are very short of manpower, and we can't get somebody there just to look at a car parked in front, because ,4 as soon as they get thtere the car is back on to the road. We have been working with the police in terms of the 7-11 and they have put signs up regarding hanging out and liquor and things of that nature. -3 - Zoning Board of Appeals Meeting, Town of Wappinger, 10/11/83 Mr. Cortellino: Your first remark would be ligitimate but it would be **AW up to the Planning Board, almost to require it. The other remarks, like if the car parks on the shoulder, Mr. Landolfi will tell you, we had an auto -transport parked on the shoulder, with the cars on it, and our hands are tied. Mr. Rubel: This is why our hands aren't tied now. With the law of 75 feet, rather than getting where you have a Unuionvale situation occur again. Nothing to do against the business that they want to do, I hope that they are very successful. We just want to make sure of the problem of the accidents are alleviated now so we don't have to get involved in calling the police. There is no access on Park Hill Drive, is that correct? That is correct. So there would have to be parking on the blacktop. There is no blacktop in the front, from what he said before. Mr. Cappelli: We are providing for 18 parking spaces which I am sure that Unionvale does not have and I don't think the business is going to have that many cars coming in or out of this or anything like that. Not to have 18 cars plus the parking potential inside the building physical. Mr. Rubel: I don't think anyone could predict how many cars would require in an autobody shop. Mr. Cappelli: We have the minimum requirement of parking spaces, just putting the building back 75 feet isn't necessarily saying that we are going to have additional parking spaces. Mr. Cortellino: The parking spaces are determined by a formula accord- ing to the footage. Mr. Cappelli: Don't we have curving along there? Mr. Urciuoli: There is none on All Angels. Mr. Landolfi: It has to be provided that with the curving and the setback you won't be able to park on the street. Mr. Rubel: Unionvale has curving on some of their property, in the front. Mr. Landolfi: Unfortunately, Unionvale was there long before this board was here. There is nothing you can do about that. However, this is not the same type of operation. Mr. Rubel: Exactly what kind of operation will it be? Mr. Cappelli: Automotive repair. Mr. Cortellino: With more space. Mr. Landolfi: Unionvale is an autobody shop, this is automotive repair. -4 - Zoning Board of Appeals Meeting, Town of Wappinger, 10/11/83 Mr. Cortellino: If they were setback 75 feet there would be no control and all of your objections would be there. It would be closer to Park *ft,r Hill Drive. Mr. Rubel: What would the benefit of being 50 feet be? Mr. Cortellino: It keeps the building and the parking away from Park Hill Drive. Mr. Cappelli: It would keep it 25 feet further away from the first house on the left as you go into Park Hill Drive. Will be 100 feet (approximately) from 2 Park Hill Drive. Mr. John Nardelli, 2 Park Hill Drive: Number one, when they presented this to the Planning Board, they said that an architect was brought in to make this not look like a garage, in a neighborhood business. Is there anything against constructing a service garage. You mentioned it won't look like a garage. Being a fleet manager of 500 vehicles and 100 pieces of equipment, I know that you can have a two bay garage, a three bay garage, you have all kinds of noise and pollution, and I don't know what the Town Ordinance is on how many decibals or what -have -you, in a commercial area. All of this should be taken into consideration. I'm sure when the Planning Board mentioned that it doesn't look like a garage,... Mr. Cortellino: You mentioned the word commercial, this is a neighborhood business. *%. Mr. Nardelli'i Neighborhood business, a service station is commercial. Just because it's being built or modernized so that it doesn't look like a service station, it still will perform the functions of a service station. Am I not correct? Mr. Caballero: Excuse me, Hans, is this an allowable use? Hans: Yes, definitely. Mr. Caballero: This comes before the Zoning Board of Appeals only on the setback. If we deny it, they still have the right to go to the Planning Board and re -submit plans. Our ruling would be strictly on setback. The variance would allow it to be built 50 feet from the property line. Mr. Cortellino: Your objection would put it closer to your house. Mr. Nardelli: What are the dimensions of the Building? Mr. Cortellino: That's almost immaterial, because if they want to move it closer to your house, they can walk out of here. Mr. Nardelli: They are looking for 50 feet from the road, if they get this can they construct a building that is 150 or 100 feet long by 40 feet, is that possible? Mr. Cortellino: Yes. -5 - Zoning Board of Appeals Meeting, Town of Wappinger, 10/11/83 Mr. Nardelli: Right now this plan is going into effect. Is that what you are agreeing on ? Mr. Cortellino: We are just discussing if they can have that 25 feet to move closer to All Angels, and then it will go to the Planning Board for the site plan approval. Mr. Rubel:What we are saying is that we feel the setback of 50 feet we feel, will cuase more traffic on All Angels. If they move it closer to his house, maybe we can come to some kind of a remittance where they can build a large fence in the vack where it would block off the surrounding property. Mr. Caballero: Again, that would be with the Planning Board, when they have that hearing, you should be there. Betty -Ann Russ: It was mentioned that the ZBA will ultimately decide whether a fence would be a requirement, not the Planning Board. Mr. Cortellino: I don' know that there is a need for a fence. It was your concern that children will go back there. If they are concerned about children, they will put up a fence, if they are not concerned about children, and you are, then you should monitor the children. Mr. Rubel: I know when people put up a fence and it is a split rail fence and there is no preventive maintenance. Again, I hope they are very successful, but what I am saying is that maybe there could be some kind of agreement now, where they can build a fence which would protect the kids and allow room for parking cars in the front, because when people pull into a garage they tend to park in the front of the building and not in the side or in the back. Mr Cappelli: We did that on purpose to avoid a stretch of blacktop in the front and cars parking in the front so it would be a little more asthetically pretty. Mr. Cortellino: It has also been practiced in the town to keep the blacktop out of the front and have it looking like a shopping mall, in or near a residential area. James Guarino, All Angels Hill Road: I live directly across from where this is going in. I don't even have any idea of what it looks like, to prevent cars from being in front, because I live directly across the street. How far from my driveway is the access to your place? Mr. Cappelli: I don't have that located on the map. Mr. Guarino: That is what I would like to know. I live directly across the street from what I understand, and I am concerned with cars coming in and out near my driveway, and cars being parked in front, if that is the way it is going to be, and if it is I would want that 75 feet. When I built my house, I was told to have mine back 75 feet. It is well over that. If my house should be back far enough... M `°rrr Zoning Board of Appeals Meeting, Town of Wappinger, 10/11/83 Mr. Cappelli: I thought you driveway was closer to Park Hill, actually. Mr. Guarino: My driveway in on All Angels. Mr. Cappelli: I was concerned with the county or the town engineer having a problem with the driveway being too close to the Park Hill Drive, as opposed to the 7-11 driveway. That would be more of a conflict than where we presently are located. Mr. Guarino: I have no objections to it being there, I would like it to look as well as possible. We have a business right next door, a ceramic shop was just recently opened up and it looks exactly like a house. So I have no objection to that and they have very few cars that go in and out. I believe they only have a 7 car parking lot. I've never seen 7 cars there at the same time. Mr. Cortellino: I move this appeal be closed if there are no further questions, before we deliberate, I would like to read a letter from the county... (read letter from County Planning Department) Mr. Cortellino: Hans, the parking space alotment is based on the floor space and the number of employees? Hans: Yes. Mr. Cortellino: What provisions will be made for the cars that are to be worked on? Wouldn't that require more parking spaces? Hans: No. That comes in the formula, I think it is one space for 150 sq.ft. Mr. Cortellino: And how large is the property? Mr. Cappelli: It is noted in site data, 1.23 acres. (Discussion among board members and Mr. Cappelli) Mr. Caballero: I make the motion that the variance be denied for the 50 foot setback, instead of 75 foot. Mr. Urciuoli: Seconded. Vote: Mr. Cortellino - aye Mr. Caballero - aye Mr. Urciuoli - aye Mr. Landolfi - abstain Mr. Cortellino: So commented, variance denied. You must go back to 75 feet. Mr. Cappelli: Can we get on the next agenda for the Planning Board, barring this one change, I will take it back. Thank you. Respectfully submitted, Betty -Ann Russ SECRETARY