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1984-03-20ZONING BOARD OF APPEALS TOWN HALL MARCH 13TH, 1984 - 7f00 PFM. MILL STREET AGENDA WAPP. FALLS, NY »� I. UNFINISHED BUSINESS: I., Appeal # 724, at the request of Vincent Cappelletti, seeking a'spedial use permit pursuant to section 422, NB zone #6 of the Town of Wappinger Zoning Ordinance, to permit him to have.motor vehicle sales.,and rental on property located on the corner of Route 376 and Maloney Road, in the Town of Wap- pinger, being parcel n.p.:6259r02-550835. 2. Appeal # 726, at the request of Jeff Hunt Developers, seeking a variance of Article IV, Section 421, R-20 standards sideyard lot line requirement, to permit an attached 10' by 20' deck to be located within fourteen feet of the sideyard lot line where twenty -feet is required, on,property located on the corner of Mina Drive and Nancyaleen Drive, lot #9 of the Pondview Subdivision, being parcel # 6157-02-989753, in the Town of Wappinger, II. PUBLIC HEARINGS: 1. Appeal # 729, at the request of Allan Zahn, seeking a variance of Article IV, Sections 416.514 and 416.73 of the Town of Wappinger Zoning Ordinance, to permit him to erect a 23.5 square foot sign nine feet from the property line, and to place a sign on a building facing a residential district, on property located on Route 376, being parcel no. 6259-03-482346, in the Town of Wappinger. 2. Appeal # 730, at the request of Dr. W. C. Johnston, seeking a variance of Article IV, Section 200, and Secion 412 of the Town of Wappinger Zoning Ordinance, to permit him to subdivide his parcel and create a lot without 25 .foot frontage on an improved Town road, on property located on Cedar Hill Road, being parcel no. 6256-01-440852, in the Town of Wappinger. 3. Appeal # 731, at the request of Jeff Hunt Developers, seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to permit a 31 foot front line set- back instead of a 35 foot one on an existing house, on property located on Bell -Air Lane, being parcel no. 6157-02-891803, in the Town of Wappinger. 4. Appeal # 732, at the request of Richard J. Lanni, seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to permit him to construct an addition onto his house that would not meet the sideyard re- quirements, on property located at 21 Baldwin Drive, being parcel no. 6257-02-589968, in the Town of Wappinger. ZONING BOARD OF APPEALS MINUTES MARCH 20, 1984 Mr. Landolfi called the meeting to order at 7:15 P.M. He then asked for the roll call. Members present: Joseph Landolfi Angel Caballero Charles Cortellino G. George Urciouli Others present: Lorraine Crosby, Acting Secretary Pamela Farnsworth, Zoning Administrator Mr. Landolfi asked if the abutting property owners had been notified. Ms. Crosby responded they had been according to the records available in the Assessor's office. Mr. Landolfi then brielfly explained how the meeting would be run; the board would go through each appeal, giving every one the chance to be heard. He read the first appeal. "Appeal # 724, at the request of Vincent Cappelletti, seeking a special use permit pursuant to section 422, NB Zone #6 of the Town of Wappinger Zoning Ordinance, to permit him to have motor vehicle sales and rental on property located on the corner of Route 376 and Maloney Road, in the Town of Wappinger, being parcel #6259-02- 550835." Representative: Vincent Cappelletti Mr. Landolfi read the letter from the NYSDOT. Their recommendment was to close the southerly entrance to Route 376 and to redesign the northerly entrance to accomodate two-way traffic. Mr. Cappelletti offered to block off the drive with parked cars. Mr. Cortellino requested a more permanent type structure such as a concrete curb. Mr. Cappelletti agreed. There was a discussion among the board members and Mrs. Farnsworth. Mrs. Farnsworth read the comments from the various departments on the site plan. Mr. Cortellino made a motion to grant the requested permit with the restrictions set by the Planning Board and a concrete curb be used to block off the southerly entrance. Mr. Urciouli seconded the motion. Vote: Mr. Landolfi - aye Mr. Urciouli - aye Mr. Cortellino - aye Mrs. Waddle - absent Mr. Caballero - aye The motion was carried. Zoning Board Minutes 2 March 20, 1984 Mr. Landolfi read the next appeal. "Appeal #726, at the request of Jeff Hunt Developers, seeking a variance of Article IV, Section 421, R-20 Standards, sideyard lot line requirements, to permit an attached 101-x 20' deck to be located within fourteen feet of the sideyard lot line where twenty feet is required, on property located on the corner of Mina Drive and Nancy- aleen Drive, lot #9 of the Pondview Subdivision, being parcel #6157- 02-989753, in the Town of Wappinger." Representative: Jeff Hunt Bob Campbell, engineer Mr. Landolfi told the appellants what happened at the workshop meeting regarding this type problem. There was a discussion among the board members. The main problem seems to be that the house is already existing. Mr. Hunt explained that decks are up to the owner, not the builder. His company offers the option of a sliding glass door, not decks for the house. His company does not know what size deck a home owner may plan to build. There was a discussion as to the size of the variance needed and the position of the deck. It was determined to be a 6 foot variance and the deck would run parallel to the house. The deck would have to be 4' by 20' to avoid getting a variance. Mr. Campbell explained that the problem stemmed from using R-20 zoning standards on a 15,000 foot lot. The R-20 standards require a 1200 square foot house which creates difficulties with lot lino setback requirements. The question was raised concerning how many houses in this develop- ment will have the same problem. Mr. Campbell stated that this was the first, but he could not say it would be the last. Mr. Landolfi suggested that the deck should be taken into considera- tion when designing the house. Mr. Hunt explained that the decks are up to the home owners, his company does not build the decks. He is just applying for this var- iance as a favor to the owner. 1. Mr. Campbell stated that in all fairness to Jeff Hunt Developers, they have worked the problems out wherever it was possible before. Mr. Cortellino asked what if anything is in the contract about decks. Mr. Hunt said the only option offered is a sliding glass door, no decks. Zoning Board Minutes 3 March 20, 1984 Mr. Cortellino asked if anyone tells the owners about the setback requirements. Mr. Hunt replied that there is nothing in the contract like that. The discussion continued along the same lines. Mr. Landolfi asked if there were any further questions. Mr. Caballero made a motion that the requested variance be denied. Mr. Urciouli seconded the motion. Vote: Mr. Landolfi - abstain Mr. Urciouli - aye Mr. Cortellino - aye Mrs. Waddle - absent Mr. Caballero - aye The motion was carried. Mr. Landolfi read the next appeal. "Appeal #729, at the request of Allan,Zahn, seeking a variance of Article IV, Sections 416.514 and 416.73 of the Town of Wappinger Zoning Ordinance, to permit him to erect a 23.5 square foot sigri nine feet from the property line, and to place a sign on a building facing a residential district, 6n property located on Route 376, being parcel # 6259-03- 482346, in the Town of Wappinger. of y Representative: Allan Zahn Mr. Landolfi asked if there was anyone in the audience that wished to be heard. There were none. Mr. Zahn showed the board the plan and explained what he would like to do. He would like to erect a 23.5 square foot sign nine feet from the property line, but is taking down the current sign that is only two feet from the line and is larger, therefor making the signage more conforming on the whole. He would also like to place a sign on his building facing a residential district. There was a discussion among the board members, Mrs. Farnsworth, and Mr. Zahn. Mr. Landolfi asked if there were any further questions, Mr. Urciouli made a motion to grant the requested variance. Mr. Cortellino seconded the motion. Vote: Mr. Landolfi - aye Mr. Urciouli - aye Mr. Cortellino - aye Mrs. Waddle - absent Mr. Caballero - abstain ' The motion was carried. Zoning Board Minutes 4 March 20, 1984 Mr. Landolfi read the next appeal. "Appeal #730, at the request of Dr. W.C. Johnston, seeking a variance of Article IV, Section 200 of the Town of Wappinger Zoning Ordinance, to permit him to subdivide his parcel and create a lot without 25 foot frontage on an improved Town road, on property located on Cedar Hill Road, being parcel #6256-01-440852, in the Town of Wappinger." Representative: Dr. W. C. Johnston Dr. Johnston showed the board the plan and explained why he wanted to subdivide his parcel. There was a discussion among the board members. Mr. Landolfi explained some of the problems that may occur with a lot not having Town road frontage. For example: school buses , oil trucks, etc. may not elect to come in, road must be plowed in the winter, etc. Dr. Johnston told the board that he had lived there since 1956 and had always coped with any problem that occured. There was a discussion among board members. The only problem seems to be the Town road frontage. Mr. Landolfi asked if there was anyone in the audience that wished to be heard. Mr. Daniel P. Supchak, Cedar Hill Road. Mr. Supchak had no objections to Dr. Johnston's plans. Mr. Urciouli made a motion to grant the requested variance. Mr. Caballero seconded the motion. Vote: Mr. Landolfi - aye Mr. Urciouli - aye Mr. Cortellino - aye Mrs. Waddle- absent Mr. Caballero - aye The motion was carried. Mr. Landolfi read the next appeal. "Appeal #731, at the request of Jeff Hunt Developers, seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to permit a.31 foot front line setback instead of a 35 foot one on an existing house, on property located on Bell -Air Lane, being parcel #6157-02-891803, in the Town of Wappinger." Representative: Jeff Hunt Bob Campbell, engineer Zoning Board Minutes 5 March 20, 1984 Mr. Campbell showed the board the plan. There was a discussion among the board members, Mr. Campbell and Mrs. Farnsworth. The key issue seemed to be that a temporary Certificate of Occupancy was issued. Mrs. Farnsworth tried to explain why one was issued. The as built plot plans showed an inadequate setback which forced the Zoning Admin- istrator to reject the plans, which forced the developer to seek a variance. Mr. Cortellino complained that in the meantime the people move in, as if they assume the variance will be granted as a matter of course. Mrs. Farnsworth said they had discussed other ways to solve the problem, but none were appropriate. Mr. Landolfi asked if.there was anyone in the audience that wished to be heard. There were none. He then asked if the board had any further questions. There was a discussion between the board members and Mrs. Farnsworth in which Mrs. Farnsworth explained that part of the problem is that when foundation plans are submitted, they do not show whether or not an overhang is planned for the house. Mr. Cortellino made a motion that the requested variance be denied. There was a discussion among the board members and Mrs. Farnsworth as to the possible alternatives available to the developer if the variance is denied. Mr. Cortellino withdrew his motion to deny the variance. Mr. Caballero made a motion to table the variance for three months. Mr. Urciouli seconded the motion. Vote: Mr. Landolfi - aye Mr. Urciouli - aye Mr. Cortellino - aye Mrs. Waddle - absent Mr. Caballero - aye' The motion was carried. There was a general discussion among the board members about the situation. Mr. Landolfi called a ten minute cigarette break. Mr. Landolfi called the meeting back to order and read the next ap- peal. It Zoning Board Minutes 6 March 20, 1984 "Appeal #732, at the request of Richard J. Lanni, seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to permit him to construct an addition onto his house that would not meet the sideyard setback requirements, on prop- erty located at 21 Baldwin Drive, being parcel #6257-02-589968, in the Town of Wappinger." Representative: Mrs. Betty Jean Lanni Mr. Landolfi asked if there were any drawings for this appeal. The secretary replied that she had none. Mrs. Lanni said they had turned one in. Mrs. Farnsworth suggested that it might be in the building permit file. The secretary ran upstairs to check the building permit file. Mr. Cortellino asked how much of a variance was requested. Mrs. Lanni figured the setback would probably only be ten feet instead of twenty. There was a discussion among the board members, Mrs. Lanni and Mrs. Farnsworth as to possible alternative ways to expand without needing a variance, whether or not the neighbors have any objections, and the zoning of the area - R-20 or R-40. It was determined to be zoned R-20. Mr. Landolfi asked if there was anyone in the audience that wished to be heard. There were none. The discussion continued. Mr. Cortellino made a motion to table the variance for three months. Mr. Caballero seconded the motion. Mr. Landolfi explained to Mrs. Lanni why the board wished to table the appeal. Mrs. Lanni said it would fowl her up. Mr. Landolfi told her that if she wanted, the board would vote but he did not know what the outcome would be. The vote was taken -to table the appeal. Vote: Mr. Landolfi - aye Mr. Urciouli aye Mr. Cortellino - aye Mrs. Waddle - absent Mr. Caballero - aye The motion was carried. Zoning Board Minutes 7 March 20, 1984 Mr. Landolfi read the next appeal. "Appeal #733, at the request of the Many Construction Corp., seeking a variance of Article IV, Section 421 of the Town of Wap- pinger Zoning Orciance, to permit them to construct a house with a 21 foot side yard where a 40 foot one is required, on property located on Cedar Hill Road, being parcel #6256-01-242792, in the Town of Wappinger." Representative: Many Alfonso Anna Robinson Mr. Alfonso explained some changes from the plan. - The requested setbacks are: Right side - 25 feet, house 46 feet, Left - 29 feet. There was a discussion among the board members and Mr. Alfonso and Mrs. Farnsworth. Mrs. Farnsworth brought out her main comments, one of which was that the lot would have to be 120 feet wide, not 100 feet to meet the sideyard requirements. Mr. Cortellino asked why the house could not be placed farther back on the lot to meet the requirements. Mr. Alfonso replied that the lot was too steep to build that far back. Mr. Cortellino stated that it seemed less steep at the back according to the contours shown at the back then where they proposed the house. Mr. Landolfi stated that there seem to be several problems with this appeal; One of which is the legal notice, it is misleading, all the items should have been noted. Mrs. Farnsworth explained to Mr. Landolfi that she was unable to obtain the necessary information. Mr. Landolfi said the other major problem is the controversy over the survey. He then asked if there was anyone in the audience that wished to be heard. Doug Eglauf, Cedar Hill Road. Mr. Eglauf explained the problem with the survey. He brought the old survey and a new one which showed the true property line. He told the board that he believed Many Construction was aware of the problem. His other concern was with Many Construction's septic system. He has a two well water system and does not want it contaminated. Mr. Joon Woo Nam, Cedar Hill Road. Mr. Nam's concern was also with the septic system affecting his water. Mr. Alfonso asked the board some questions. He wanted to know the reasoning behind the board not wanting to talk about the situation any further. Mr. Landolfi explained that part of it was the inaccuracy of the leg- al notice and part was the problems Mrs. Farnsworth had mentioned. Zoning Board Minutes 8 March 20, 1984 There was a discussion between Mrs. Farnsworth and the board. Mr. Landolfi asked what the wishes of the board were. Mr. Cortellino made a motion to deny the requested variance. Mr. Urciouli seconded -the motion. Vote: Mr. Lnadolfi - aye Mr. Urciouli - aye Mr. Cortellino - aye Mrs. Waddle - absent Mr. Caballero - aye The motion was carried. Mr. Landolfi then read the next appeal. "Appeal #734, at the request of Joseph Regh, seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance to permit him to construct a house with a cantilevered porch with a 44 foot setback where 50 feet are required, on property located on Sherwood Heights Road, lot #57, being parcel #6258-04-753310, in the Town of Wappinger." Representative: Joseph Regh Mr. Regh showed the plans to the board. Mr. Landolfi asked the size of the variance needed. It was determ- ined to be six feet. Mr. Regh explained that the problem was that this was the smallest lot in the subdivision and that that created the problem. Mr. Cortellino asked why he wanted the porch wrapped around the house. Mr. Regh said the porch was already a minimum size, 4 foot on one side and 6 foot on the other, and that only the corner sticks out. Mr. Landolfi asked if there was anyone in the audience that wished to be heard. There were none. Mr. Regh asked that since he was trying for a variance of six feet, could that be split into two variances of three feet each by moving the house three feet forward. There was a discussion about the amount of room to play with. Mr. Regh may not need a variance at all. Mr. Cortellino suggested that Mr. Regh get a new drawing with the house moved and if he still needs a variance to come back in. There was a discussion among board members and Mr. Regh. Mr. Urciouli made a motion to table the variance `til the next meeting. M Zoning Board Minutes Mr. Caballero seconded the motion. Vote: Mr. Landolfi - aye Mr. Cortellino - aye Mr. Caballero - aye The motion was carried. P] March 20, 1984 Mr. Urciouli - aye Mrs. Waddle - absent Mr. Landolfi read the next appeal. Appeal # 736, at the request of. Herbert Redl, seeking an inter- pretation of Article IV, Section 422 of the Town of Wappinger Zoning Ordinance regarding HB2A zoning regulations, the definition of the word "rental", one residence use, and the billboards, for property located on Route 9, being parcel #6258-04-548355, in the Town of Wappinger." Representative: Herbert Redl Bob Campbell, engineer Mr. Redl showed the board the plans and explained what he wanted to do. He wanted to know if he should buy the parcel in two deeds or one in order to keep the right-of-way to New Hackensack Road open. He would also like to know about the residential use. Mr. Cortellino said he considered the the residential use a dual use, and he felt the property would have to be subdivided. - There was a discussion among board members, Mrs. Farnsworth, and Mr. Redl. Mr. Redl asked if the billboards would be considered a continuing 1."'. use and if so could he have his own sign. There was a discussion between the board, Mr. Redl and Mrs. Farnsworth concerning the billboards, and the.deeds. It was determined to purchase the property in two parcels. Mr. Landolfi and Mr. Cortellino both suggested not taking any action as far as the signs go until they can check into it further. The discussion continued. Mr. Caballero requested that Mr. Redl provide proper notification of what he wants. Mrs. Farnsworth tried to explain what was being asked for in the interpretation. 1. The issue of residence in an HB2A zone, added to the storage facility use and the position of caretaker. 2. The possible need for a free standing sign due to the continuing non -conforming use of the billboards. 3. The definition of the term "rental". Mr. Cortellino asked that one more interpretation be added to the list, the definition of "caretaker". L Zoning Board Minutes 10 There was a discussion as to residential uses. March 20, 1984 Mr. Caballero stated that he preferred three separate interpretations. Mr. Landolfi stated that he would rather not take any action until he has conferred with the attorney to the Town. Mr. Redl stated that U -Haul was doing exactly the same thing in Pough- keepsie and showed the board a letter from Wilson Shook of the Town of Poughkeepsie. Mr. Caballero stated that he would like more information. Mr. Redl asked the board what his next step should be. Mr. Cortellino made a motion to table the appeal until the next meet- ing for more information. Mr. Urciouli seconded the motion. Vote: Mr. Landolfi - aye Mr. Urciouli aye Mr. Cortellino - aye Mrs. Waddle - absent Mr. Caballero - aye The motion was carried. Mr. Urciouli made a motion to adjourn the meeting. Mr. Cortellino seconded the motion. The motion was carried. The meeting was adjourned at 9:20 P.M. Respectfully submitted, Lorraine Crosby, Actin Secretary