1984-04-10�« - 4,. ZONING BOARD OF APPEALS TOWN HALL
APRIL 10, 1984 - 7:00 PM MILL STREET
AGENDA WAPP. FALLS, NY
ANY BOARD MEMBER UNABLE TO ATTEND THE
EITHER THE CHAIRMAN OR THE SECRETARY
UNFINISHED BUSINESS:
MEETING IS EXPECTED TO NOTIFY
OF THE BOARD.
1. 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 # 6258-04-7533100
in the Town of Wappinger.
2. Appeal # 736, at the request of -Herbert Redl, seeking an in-
terpretation of Article IV, Section 422, to define the term of
use", for property located on Route 9, being parcel #6158-04-548355,
in the Town of Wappinger.
3. Appeal # 739, at the request of Herbert Redl, seeking an in-
terpretation of Article IV, Section 422 of the Town of Wappinger
Zoning Ordinance, to define the term "residence" for an HB 2A
Zone, on property located on Route 9, being parcel #6258-04-548355,
in the Town of Wappinger.
4. Appeal # 740, at the request of Herbert Redl, seeking an in-
terpretation of Article IV, Section 422,of the Town of Wappinger
Zoning Ordinance, to discuss the status of the existing billboards
and signage on the property located on Route 9, being parcel
# 6258-04-548355, in the Town of Wappinger.
II. PUBLIC HEARINGS:
1. Appeal # 735, at the request of Helen Del Vecchio, seeking a
special permit, Article IV, Section 445 of the Town of Wappinger
Zoning Ordinance, to permit hear;rvto construct an accessory apart-
ment in her home on 18 Balfour Drive, being parcel #6257-04-827495,
in the Town of Wappinger.
2. Appeal # 737, at the request of the Wappinger Masonic Lodge
#671, seeking a variance of Article IV, Section 422, of the Town
of Wappinger Zoning Ordinance, to permit htem to install a
temporary, fast food operaltion, (Karl Ehmer Food Stand), on prop-
erty located on Myers Corners Road, being parcel #6258-03-322214,
in the Town of Wappinger.
3. Appeal # 738, at the.request of the Immanuel Christian Reformed
Church, seeking a variance of Article IV, Section 416.33 of the
Town of Wappinger Zoning Ordinance, to permit them to construct a
free-standing sign that would exceed the permitted ten square feet,
on property located on Myers Corners Road, being parcel #6258-02-
845570, in the Town of Wappinger.
III.F
ESPONDENCE:emo dated March 14, 1984, from Pamela Farnsworth, Re: Masonic
e.
m -=o dated March 27, 1984, from Frank. Versace;: Rea' videotape
pecial Permit Process.
. _ss .r
%Zoning Board Of Appeals Minutes April 10, 1984
Mr. Landolfi called the meeting to order at 7:05 P.M. He then
asked for the roll call.
Members Present:
Mr. Landolfi Mr. Cortellino
Mr. Caballero Mr. Urciouli
Others Present:
Lorraine Crosby, Acting Secretary
Pamela Farnsworth, Zoning Administrator
Mr. Landolfi asked if the abutting property owners had been
notified.
The secretary responded that they had been according to the records
in the assessor's office.
Mr. Landolfi gave a brief description of how the meeting would
be run; each person wishing to be, would be given the opportunity
to be heard. He then read the first 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 board the map of Carmel Heights, pointing out
his lot, (#57), and noting its size in relation to the other lots.
He then showed them a plot plan for his lot with overlays to show
the possible positions of his house and porch.
There was a discussion among the board members, Mr. Regh, and Mrs.
Farnsworth. It was determined that a variance would be needed,
even if the house were moved.
Mr. Regh requested that since he needed the variance anyway, could
he center the house on the lot?
Mr. Cortellino made a motion to grant the requested variance.
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 April 10, 1984
Mr. Landolfi read the next appeal.
"Appeal #736, at the request of Herbert Redl, seeking an -
interpretation of Article IV, Section 422 of the Town of Wappinger
Zoning Ordinance, to define the term "rental use", for property
located on Route 9, being parcel #62.58-04-548355, in the Town of
Wappinger."
Representatives: Herbert Redl
Bob Gray, engineer
Mr. Redl reiterated his intentions to the board as to what he would
like to do with the property.
There was a discussion pertaining to what "rent -all" encompasses.
Mr. Caballero said he would be inclined to take a broad interpretation.
Mr. Urciouli agreed.
Mr. Cortellino brought up the idea of different classes of items,
not just different items..
Mr. Caballero said the only difference between the rent -alts
already established and Mr. Redl�'s plans was the storage rental
aspect.
Mrs. Farnsworth considered storage, space rental as opposed to item
rental.
Mr. Landolfi said that since this was an interpretation, no formal
vote was needed.
The board came to the general agreement that "rent -all" would en-
compass
ncompass all.
Mr. Landolfi read the next appeal,
"Appeal #739, at the request of Herbert Redl, seeking an in-
terpretation of Article IV, Section 422 of the Town of Wappinger
Zoning Ordinance, to define the term "residence" for an HB 2A Zone,
on property located on Route 9, being parcel #6258-04-548355, in
the Town of Wappinger."
Representatives: Herbert Redl
Bob Gray, engineer
Mr. Redl explained that there were four existing residences on
the oronerty now. He would like to use two, one for his daughter,
the owner/operator, and one for a caretaker/manager.
Mr. Cortellino didn't believe he could have the two uses.
Mr. Redl asked if the residence use meant one use or one residence.
The discussion continued with Mrs. Farnsworth giving some addition-
al information.
Mr. Urciouli stated that the Zoning Ordinance contradicts itself.
The paragraph could be read either way.
Zoning Board Minutes
The discussion continued.
Mr. Cortellino felt the
was the second use.
3
April 10, 1984
business was one use and the residence
Mr. Caballero, Mr. Urciouli, and Mr. Landolfi felt the business
with a residence was one use and the second residence was the
second use.
Mr. Caballero requested sending a letter to the attorney to the
Town for clarification.
Mr. Landolfi read the next appeal.
"Appeal#740, at the request of Herbert Redl, seeking an in-
terpretation of Article IV, Section 422 of the Town of Wappinger
Zoning Ordianance, to discuss the status of the existing billboards
and signage on the property located on Route 9, being parcel
#6258-04-548355, in the Town of Wappinger.,
Representatives: Herbert Redl
Bob Gray, engineer
Mr. Redl wanted to know if he could use the billboards for him-
self or if he could have an additional free standing sign.
Mr. Landolfi and Mr. Caballero said they couldn't do anything about
the billboards now but if he decided he wanted another sign
he can come in again.
Mrs. Farnsworth asked if they would want him to apply for a variance
for an additional sign. The Zoning Ordinance says one sign
per property.
There was a discussion between the board, Mr. Redl, and Mrs. Farns-
worth. Mrs. Farnsworth read pertinent areas of the Zoning Or-
dinance.
Mr. Cortellino stated that he wanted the billboards to be taken
down.
Mr. Landolfi stated that when Mr. Redl knows what he wants in re-
gard to signage, he should check it out with the Zoning Administrator
and if need be apply for a variance.
The board agreed.
Mr. Landolfi called a ten minute cigarette break at 8:00 P.M.
The meeting reconvened at 8:10 P.M.
Mr. Landolfi read the next appeal.
"Appeal #735 at the request of Helen Del Vecchio, seeking a
special permit, Article IV, Section 445 of the Town of Wappin-
ger Zoning Ordinance, to permit her to construct an accessory
Zoning Board Minutes 4 April 10, 1984
apartment in her home on 18 Balfour Drive, being parcel #6257-
04-827495, in the Town of Wappinger."
Representative: no one
Since there was no one to represent the appellant, it was decided
to wait until the end of the meeting to table the appeal in case
some one showed up.
Mr. Landolfi read the next appeal.
"Appeal #737, at the request of the Wappinger Masonic Lodge
#671, seeking a variance of Article IV, Section 422 of the Town
of Wappinger Zoning Ordinance, to permit them to install a tempor-
ary, fast food operation, (Karl Ehmer Food Stand), on property
located on Myers Corners Road, being parcel #6258-03-322214, in
the Town of Wappinger."
Representative: Ed Valentine, trustee Wappinger Masonic Lodge
Mr. Urciouli asked what was meant by a temporary fast food stand.
Mr. Valentine replied it would be seasonal, spring through fall.
The Lodge was having a financial hardship trying to meet its
expenses. (The utility rates had gone up, etc.) The food stand
would bring in approximately $200.00 per month rent.
There was a discussion among the board members and Mr. Valentine.
The questions of who approached who, the type of structure (trailer),
hours of operation, and the effect on other businesses (restaurants)
in the area were addressed.
Mr. Landolfi asked if there was anyone in the audience who wished
to be heard. Ken Brown, 11 Sherwood Heights Road
Mr. Brown was against this appeal. The pedestrian traffic, es-
pecially from IBM, would create a dangerous hazard.
Mr. Caballero made a motion to deny the requested variance.
Mr. Cortellino 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 #738, at the request of the Immanuel Christian Reformed
Church, seeking a variance of Article IV, Section 416.33 of the
Town of Wappinger Zoning Ordinance, to permit them to construct
a free-standing sign that would exceed the permitted ten square
feet, on property located on Myers Corners Road, being parcel
#6258-02-845570, in the Town of Wappinger."
Zoning Board Minutes 5 April 10, 1984
Representative: Roderick Mac Leod
Mr. Mac Leod explained what the church would like to do and why
they designed the sign the way they did. The lettering portion
of the sign does not exceed the permitted ten square feet.
Mr. Landolfi asked where the bulk of the parishoners came from.
He was questioning whether the larger sign would bring in more
parishoners.
Mr. Mac Leod said the larger sign would allow the church to ident-
ify itseld within the community and would make the church easier
to find since it has now become an official poling place.
There was a discussion among the board, Mr. Mac Leod, and Mrs.
Farnsworth as to what constitutes the sign: the lettering area
alone,= the lettering area, the supports, and the frame. It
was determined to be the entire sign.
Mr. Urciouli made a motion to grant the requested variance.
Mr. Cortellino seconded the motion.
Mr. Landolfi asked if there was anyone present for appeal #735, at
the request of Helen Del Vecchio. There was no one.
Mr. Urciouli made a motion to table the appeal until the next
meeting.
Mr. Caballero seconded the motion.
Vote:
Mr. Landolfi - aye
Mr. Urciouli - aye
Mr. Cortellino - aye
Mrs. Waddle - absent
Mr. Caballero - aye
w.°
The
motion was carried.
Mr.
Landolfi read the next appeal.
"Appeal #741, at the request of
Herbert Redl, seeking a special
use
permit of Article IV, Section 422
of the Town of Wappinger
Zoning
Ordinance, to permit him to
rent trucks and related acces-
sories
on property located on Route
9, being parcel #6258-04-548355,
in
the Towrniof Wappinger."
Mr.
Urciouli made a motion to refer
the appeal to the Planning Board.
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 asked if there was anyone present for appeal #735, at
the request of Helen Del Vecchio. There was no one.
Mr. Urciouli made a motion to table the appeal until the next
meeting.
Mr. Caballero seconded the motion.
Zoning Board Minutes 6 April 10, 1984
Vote:
Mr. Landolfi - aye Mr. Urciouli - aye
Mr. Cortellino - aye Mrs. Waddle - absent
Mr. Caballero - aye
The motion was carried.
The board requested the secretary send a letter to the Town Board
and the attorney to the Town suggesting rewording of the Zoning
Ordinance to clarify and define residence as referred to in Section
422, Note f .
The board discussed the situation with Jeff Hunt Developers. Ad-
ditional information from a privious appeal to the board showed
that Mr. Hunt had lied to the board at the previous meeting. (March
20, 1984) The question of possible actions was discussed.
Mr. Urciouli made a motion to adjourn the meeting.
Mr. Cortellino seconded the motion.
The motion was carried.
The meeting was adjourned at 9:05 P.I.
Respectfully submitted,
Lorraine Crosb Acti
y, Secretary