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1984-05-08ZONING BOARD OF APPEALS MAY 8TH, 1984 - 7:00 P.M. AGENDA TOWN HALL MILL STREET WAPP. FALLS, NY 12590 PUBLIC HEARINGS: 1. Appeal # 742, at the request of the Many Construction Corp., seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance to permit them to construct a house with a 27 foot sideyard setback where 40 feet is required, on property located on Cedar Hill Road, being parcel # 6256-01-242792, in the Town of Wappinger. 2. Appeal # 743, at the request of Rafael Valentin, seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to permit him to construct a garden shed with a four foot sideyard setback where ten feet is required, on property located on 17 Blackthorn Loop, being parcel # 6258-03-081021, in the Town of Wappinger. 3. Appeal # 744, at the request of Richard Segal, seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to permit him to construct a screened in porch with a 15 foot sideyard setback where 25 feet is required, on property located on 6 Helen Drive, being parcel # 6158-02-743800, in the Town of Wappinger. 4. Appeal # 745, at the request of Glenn La Due, seeking a variance of Article IV, Section 477.21 of the Town of Wappinger Zoning Ordinance, to permit him to construct a driveway with a grade that exceeds Town requirements, on property located on Smithtown Road, being parcel # 6256-01-185810, in the Town of Wappinger. 5. Appeal # 746, at the request of Michael and Karen Leonard, seeking a variance of Article IV, Section 416.52 and 416.7 of the Town of Wappinger Zoning Ordinance, to permit them to erect a free-standing sign that would exceed the size requirements and have a lesser setback than required, on property located on Route 9, being parcel # 6157-02-594684, in the Town of Wappinger. 6. Appeal # 748, at the request of Lourdes M. Costa, seeking a variance of Article IV, Section _421 of the Town of Wappinger Zoning Ordinance, to permit a 23 foot frontyard setback where 35 feet is required on an existing house, on property located on 3 Scotse Road, being parcel # 6157-02-969724, in the Town of Wappinger. a Page Two PUBLIC HEARINGS: 7. Appeal # 749, at the request of Leo and Emilia Butler, seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to permit a four foot sideyard setback where twenty feet is required, on property located on 27 MacIntosh Lane, being parcel # 6258-04-635041, in the Town of Wappinger. II UNFINISHED BUSINESS: 1. Appeal # 720, at the request of Gina Petroleum, seeking a Special Use Permit pursuant to Article IV, Section 404.31 and 430 of the Town of Wappinger Zoning Ordinance, to permit them to construct a gasoline filling station and a carwash on their property located on Route 376, being parcel # 6259-04-840023, in the Town of Wappinger. 2. Appeal # 735, at the request of Helen Del Vecchio, seeking a Special Permit pursuant to Article IV, Section 445 of the Town of Wappinger Zoning Ordinance, to permit her to construct an accessory apartment in her home located on 18 Balfour Drive, being parcel # 6257-04-827495, in the Town of Wappinger. 3. Appeal # 747, at the request of the Zoning Administrator, seeking an interpretation of Section 416.51 if the Town of Wappinger Zoning Ordinance. III NEW BUSINESS: 1. Appeal # 750, at the request of Robert A. Arnouts, Architect for the new Lee Myles Auto Transmission Center, seeking a Special Use Permit for property located on the east side of Route 9, approximately 1,000 feet south of Old Hopewell Road, in the Town of Wappinger. 2. Appeal # 751, at the request of the Saxton Corporation, seeking an interpretation of Section 416.52 of the Zoning Ordinance of the Town of Wappinger. a ZONING BOARD OF APPEALS TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TEL. 297-6257 VVMTATnVV . IF YOU ARE UNABLE TO ATTEND THE MAY 8TH, 1984 ZONING BOARD MEETING, IT IS ASKED THAT YOU CONTACT THE CHAIRMAN AT 435-8793 OR THE ZONING BOARD OFFICE AT 297-6257. m lw THANK YOU FOR YOUR COOPERATION. ILI ZONING BOARD OF APPEALS MINUTES MAY 8th, 1984 Mr. Landolfi called the meeting to order at 7:05 P.M. He then asked for the roll call. Members Present: Joseph Landolfi Carol Waddle Charles Cortellino George Urciuoli Others Present: Linda Berberich, Secretary Florence Hadshain, Supervisors Secretary' Pamela M. Farnsworth, Zoning Administrator Mr. Landolfi asked if the abutting property owners had been notified. Ms. Berberich responded they had, according to the records available in the Assessor's office. Mr. Landolfi then briefly explained how the meeting would be run, the board would go through each appeal giving everyone the chance to be heard. Mr. Landolfi read the first appeal: Appeal #742, at the request of the Manny Construction Corp., seekin a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance to permit them to construct a house with a 27 foot sideyard setback where 40 feet is required, on property located on Cedar Hill Road, being Parcel #6256-01-242792, in the Town of Wappinger. Mr. & Mrs. Manny Alfonso were present. Mrs. Waddle asked if the house was being built to be sold. Mr. Alfonso replied that it was being built to be sold. Mr. Cortellino asked how come Mr. Howard didn't speak up when there was re -zoning. Mr. Alfonso replied that in 1979-1980, Mr. Howard was going through a divorce. They have been working on this, and were trying to get the Board of Health approval, which they have done. Mr. Landolfi asked Mrs. Farnsworth to what extent has Mr. Howard been involved with Manny Construction. ZONING BOARD OF APPEALS 2 MAY 8th, 1984 Mrs. Farnsworth replied that directly, not to her knowledge. He is the owner but someone else is putting up the house. Mr. Alfonso stated that he had satisfied the Board of Health about a year and a half ago. Mrs. Farnsworth noted that there is 7 feet between Mr. Egloff's sewage disposal system and the Howard property. Mr. Alfonso replied that he had acknowledged that Mr. Egloff has 2 wells on the property and that he has an engineer working on the sewage system, and that it will be at least 100' away from both wells. Mrs. Farnsworth stated that it didn't scale that way. Mr. Alfonso Stated that they wouldn't accpet the driveway slope because it is 33/ grade. Mr. Cortellino stated that looking at the contour line of 380 to 370, it looks like a retaining wall because of the slope. Where is the drainage going to go? Mrs. Farnsworth replied that this was stopped at the point of the setbacks on the Zoning Administrator part, and had not gone through the engineer. It usually starts with the Zoning Administrator, so you have a valid question. Mrs. Waddle, statedthat is the Zoning Board was to address this variance, there would have to have alot of contingentcies put on it, with the Town Engineer and the Department of Health on that paticular piece of property. Mr. Alfonso replied that he had agreed with the Board of Health that no lateral would be any closer than 100'. Mrs. Waddle asked if he had thought of placing the house longway on the property? Mr. Alfonso responded that it would be unmarketable. Mrs. Waddle stated that if'ithe Zoning Board does decide to grant the varinace, there will be some contingencies before they get the building permit. !4 Page 3 May 8th, 1984 There was a discussion about the variance. Mrs. Waddle suggested that this item be tabled and let the Town Engineer inspect the property and come back with a reccomendation for the Zoning Board. She stated she would like that in terms of a motion. Mr. Landolfi asked if anyone is there to speak against or in favor of this appeal. Mr.Doug Engoff, owner of the property on the right. He stated that he was not objecting to the placement of the home. If the house is going to be placed with a 27' sideyard as requested, he is con- cerned where the 100' from his well to the proposed septic system is to be installed. Where the backfill is going to go. Property line discrepency, they didn't know where the property line was being accepted. Mr. Landolfi said thank you, and asked if there was anyone else to speck in favor or against. Mr. Vince Baffaleri came before the board. He stated that he was the prospective buyer of the home. Mr. Alfonso said that if the house was placed as it is they would have a backyard for the children, 18' in diameter, an above ground pool, seemed workable on the paper, and when you walk the lot, it looks workable. When you walk up there it does level off on the top. He stated that he doesn't really see the trouble with the variance on 27' leeway. Mrs. Waddle made a motion to table the requested variance until the Town Engineer is contacted for his advice and council on this matter. The motion was seconded by Mr. Urciouli. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Urciouli - aye The motion was carried. Mr. Landolfi read the next appeal: Mr. Cortellino - aye Mr. Caballero - absent Appeal # 743, at the request of Rafael Valentin, seeking a variance of Article IV, Section 421, of the Town of Wappinger Zoning Ordinance, to permit him to construct a garden shed with a four foot sideyard setback where ten feet is required, on property located on 17 Black- thorn Loop, being Parcel #6258-03-081021, in the Town of Wappinger, Mr. & Mrs. Valentin were present. Page 4 May 8th, 1984 Mr. Valentin stated that there was a rock wall between the properties. They can't do anything with it. Mr. Urciouli asked what is on the property line between their house and the house on the left. Mr. Valentin answered that there is a rock wall, with all woods behind it. Mrs. Waddle asked what did they proposed to do with the shed. Mr. Valentin answered they wanted to put garden tools, mower, etc. in it. Mr. Urciouli asked how large it would be. Mr. Valentin answered that it was 8 x12. Mrs. Valentin stated that to move it further to the right, you would have to take down 6 or 8 trees and then it would be out in the open, which they are trying to avoid, so that you wouldn't see it from the road. They did submit a letter from the neighbors stating there is no problem with this. Mr. Landolfi asked if there was anyone to speak in favor or against. There was no one. Mr. Landolfi then stated the appeal was closed. Mrs. Waddle stated that she had no problem with this as long as it is well screened. Mr. Urciouli made a motion to grant the variance. The motion was seconded by Mrs. Waddle. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Urciouli - aye. The motion was carried. Mr. Cortellino - aye Mr. Caballero - absent Mrs. Waddle asked if they considered a smaller shed. Mr. Valentin stated that it wouldn't fit everything in it. Mr. Landolfi asked if there was anyone to speak in favor or against. There was no one. Mr. Landolfi then stated the appeal was closed. Mrs. Waddle stated that she had no problem with this as long as it is well screened. Mr. Urciouli made a motion to grant the variance. The motion was seconded by Mrs. Waddle. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Urciouli - aye. The motion was carried. Mr. Cortellino - aye Mr. Caballero - absent Page 5 May 8th, 1984 Mr. Landolfi read the next appeal: Appeal #744, at the request of Richard Segal, seeking a variance of Article IV, Section 421, of the Town of Wappinger Zoning Ordin- ance, to permit him to construct a screened in porch with a 15 foot sideyard setback where 25 feet is required, on property located on 6 Helen Drive, being parcel #6158-02-743800, in the Town of Wappinger. Mr. Richard Segal was present. Mr. Segal presented the board with a diagram. Mr. Landolfi asked Mrs. Farnsworth if the figures were accurate. Mrs. Farnsworth answered that the scales don't coincide, when they are copied they change. Mrs. Waddle started that the Zoning Board has to work on three process and then went on to explain them. She said she would like to see him come in conformance with the Zoning Ordinance instead of the board granting the variance. Mr. Landolfi asked if there was anyone there to speak either for or against. Mary Rosett, lives on 4 Helen Drive. Her bedroom window is right under the proposed porch. This would close the gap between the two houses. Mr. Landolfi asked if there were any further questions from the board. There were none. Mr. Landolfi then closed the appeal. Mr. Urciouli made a motion to deny the requested variance. The motion was seconded by Mr. Landolfi. Vote: Mr. Landolfi - afire Mr. Cortellino - aye Mrs. Waddle - aye Mr. Caballero - absent Mr. Urciouli - aye. The mdrion was carried. 9_4 Page 6 May 8th, 1984 Mr. Landolfi read the next appeal: Appeal # 745,at the request of Glenn LaDue, seeking a variance of Article IV, Section 477.21 of the Town of Wappinger Zoning Ordinance, to permit him to construct a driveway with a grade that exceeds Town requirements, on property located on Smithtown Road, being parcel#6256-01-185810, in the Town of Wappinger. Mr. LaDue was present. Mr. Landolfi asked Mrs. Farnsworth about this appeal. Mrs. Farnsworth stated that when she received the appeal and checked it, she was not sure whether a variance was needed because it was difficult to scale it with the thickness of the lines. Also, she talked to Mr. La Due who was concerned about the driveway. Mr. Cortellino stated he would like to see a survey map showing what the actual grade is within a 2' segment and over all. Mrs. Waddle asked Mr. LaDue if he knew what the actual grade will be. Mr. LaDue answered no, it is going to be marginal. Mr. Cortellino stated that he wanted an official survey map. Mrs. Farnsworth said to request that a portion be surveyed. Mrs. Waddle asked if Mr. LaDue had met with Mr. Evangelista, and Mr. Croshier. Mr. LaDue answered that he had and they were not concerned with the grade. Mrs. Waddle asked if they were willing to give him a waiver. Mr. LaDue stated that they didn't discuss that, They were just concerned with the surface of the road and drainage. Mr. Urciouli stated that they could't do anything on this until they get a survey map. L41 Mrs. Waddle asked if he meant it will exceed 12/. Mr. LaDue answered, not by much, but it probably would. Mr. Cortellino stated that he wanted an official survey map. Mrs. Farnsworth said to request that a portion be surveyed. Mrs. Waddle asked if Mr. LaDue had met with Mr. Evangelista, and Mr. Croshier. Mr. LaDue answered that he had and they were not concerned with the grade. Mrs. Waddle asked if they were willing to give him a waiver. Mr. LaDue stated that they didn't discuss that, They were just concerned with the surface of the road and drainage. Mr. Urciouli stated that they could't do anything on this until they get a survey map. L41 Page 7 May 8th, 1984 Mrs. Waddle made a motion to table this appeal until a survey map is received. The motion was seconded by Mr. Cortellino. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Urciouli - aye. The motion was carried. Mr. Landolfi read the next appeal: Mr. Cortellino aye Mr. Caballero - absent Appeal # 746, at the request of Michael & Karen Leonard, seeking a variance of Article IV, Section 416.52 and 416.7 acE the Town of Wappinger zoning Ordinance, to permit them to erect a free-standing sign that would exceed the size requirements and have a lesser setback than required, on p roperty located on Route 9, being parcel #6157-02-594684, in the Town of Wappinger. Mr. Leonard was present. Mr. Leonard stated that he didn't really want to change the setback, just wants a larger sign. The sign has to be high to see over the trees. Mr. Landolfi asked Mrs. Farnsworth about the sign, Mrs. Farnsworth stated that the sign probably meets the requirements on Route 9 but the one on 9D is probably to large. There was a discussion among the board. Mrs. WaddJ64asked if we received anything back from the State or the County Planning Board on this. Mr. Landolfi answered no. Ms. Berberich stated that there was a letter sent but there has been no reply. Mr. Urciouli stated that they can't act on this until they hear from the County. Mr. Landolfi asked if there was anyone to speak either for or against. There was no one. There was a discussion among the board. Page 8 May 8th, 1984 Mr. Urciouli made a motion that the requested variance be denied. The motion was seconded by Mr. Cortellino. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Urciouli - aye. The motion was carried. Mr. Cortellino - aye Mr. Caballero - absent Mrs. Waddle told Mr. Leonard that means you can't have a larger sign out front, but you can paint r -he sign in the back. There was a 10 minute cigarette break. Mr. Landolfi read the next appeal: Appeal #748, at the request of Lourdes M. Costa, seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to permit a 23 foot frontyard setback where 35 feet is required on an existing house, on property located on3 Scotse Road, being parcel #6157-02-969724, in the Town of Wappinger. This appeal was postponed. Mr. Landolfi read the next appeal: Appeal #749, at the request of Leo and Amelia Butler, seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to permit a four foot sideyard setback where twenty feet is required, on property located on27 MacIntosh Lane, being parcel #6258-04-635041, in the Town of Wappinger. Mr. & Mrs. Butler were present. Mr. Butler stated they wanted the variance because his mother-in-law is moving in. They can't build beyond the house because they only havel2' and then a sharp drop. Mrs. Waddle asked what kind of house it was. Mrs. Butler replied it was a high ranch. Mr. Landolfi asked if they would be putting in any kind of kitchen facilities. Mrs. Butler replied that they weren't. Mr. Cortellino asked why they couldn't use the recreation room, and make that into her room. Page 9 May 8th, 1984 Mrs. Butler replied that they need their room to entertain, etc. Mr. Cortellino asked why they couldn't take out the deck and put the room there. Mrs. Butler replied that it would cost to much. Mr. Urciouli asked if there was an existing garage there. Mr. Butler replied that there was, and it was attached to the house. Mrs. Waddle stated that she had a problem with it coming so close to the property line. Mr. Landolfi asked if there was anyone present for or against. Dan & Rose Vasina. Their property is on the corner. They are against this because the garage will be to close to the back of their house. Approximately 30 to 35 feet from the end of the deck. Richard Conti. Adjoining property. There are other alternatives. Andrea Baker. Lives across the street. Doesn't like the crowding and making the houses look so close together. Ruby Penek. Directly across the street. Against this because if it is granted, somebody else could do the same thing, and the houses are to close together. Mr. Landolfi asked if there was anyone else. There was no one. Mr. Landolfi then closed the appeal. Mrs. Waddle stated that they should look into alternatives. Mrs. Waddle made a motion to deny the requested variance, The motion was seconded by Mr. Urciouli. Vote: Mr. Landolfi - aye Mr. Cortellino- aye Mrs. Waddle - aye Mr. Caballero - absent Mr. Urciouli - aye The motion was carried. Mr. Landolfi read the e e h next appeal. Page 10 May 8th, 1984 Appeal # 720, at the request of Gina Petroleum, seeking a Special Use Permit pursuant to Article IV, Section 404.31 and 430 of the Town of Wappinger Zoning Ordinance, to permit them to construct a gasoline filling station and a carwash on their property located on Route 376, being parcel#6259-04-840023, in the Town of Wappinger. Mr. Ed Skorynko was present. Mr. Landolfi made a statement to the Zoning Board Members. This paticular case has come before us. The hang-up originally was the amount of expansion exceeding the 5/ by an considerable amount the first time through. They went back and did their homework. The Planning Board said the plan the Zoning Board supposibly passed on is different than the one sent to them. Unless there is a different set of plans. Mr. Skorynko stated the buildings are the same on both plans. Mrs. Waddle stated that the board asked that they knock down the gas station. This plan is showing a service station and car wash. Mr. Skorynko stated that it is just a canopy. Mrs. Waddle stated that is says service station. Mr. Skorynko said they came before the Zoning Board with this plan and you said it exceedes 50%. You suggested for safety reasons suppose we knock down the building which would increase the amount of buildings on the premises, move the gas pumps 10 to 15' from the road. Mrs. Waddle asked for the minutes on Gina Petroleum. Thought it was going to be just a car wash. Mr. Urciouli stated there are 2 different plans. The secretary went to get the minutes There was a discussion among the board. There were no minutes available. Mrs. Waddle stated that she couldn't understand how the plans went from the Zoning Board to the Planning Board and 'back and everything got added on to it. Mr. Skorynko stated that they asked us to coorilate with the Planning Board the inflamintation of what was granted. We went back to the Planning Board with what we proposed to do with what we thought was in conformance with what you requested or granted. and this is what evolved from that, We are not saying this is it. Page 11 May 8th, 1984 Mrs. Waddle asked where the storage building came from in the back. Mr. Skorynko replied it was requested by part of the variance. That is what threw us over 50%. We asked for a building 15 x 25 feet. Mrs. Waddle stated she didn't want them to do anything on this until she Aad the minutes from the previous meetings before she makes a decision, to see what was said, and what they were asked to do. Mr. Urciouli stated that because of the discrepency, in the plans. Mr. Landolfi stated the problem with this is they asked for a Special Use Permit, and they have exceeded the footage by considerable amounts they are up to over 100/ expansion. That is a glaring factor. Mrs. Waddle stated that this is a misunderstanding. Mr. Cortellino made a motion to table this item until the minutes are transcribed. The motion was seconded by Mr. Urciouli. Vote: Mr. Landolfi - aye Mr. Cortellino - aye Mrs. Waddle - aye Mr. Caballero - absent Mr. Urciouli = absent The motion was carried. Mr. Landolfi read the next item on the agenda: Appeal # 735, at the request of Helen Del Vecchio, seeking a Special Use Permit pursuant to Article IV, Section 445 of the Town of Wappinger Zoning Ordinance, to permit her to construct an accessory apartment in her home located on 18 Balfour Drive, being parcel #6257-04-827495, in the Town of Wappinger. Mr. Ralph Tarentino was present. Mr. Landolfi stated for the benefit of the members, this is the first legal request for a mother/daughter apartment. Mr. Landolfi stated that one concern in the new law, there has to be a sign posted. Mr. Tarentino stated they were posted. Mr. Landolfi asked when and where. Mr. Tarentino said on the property, 10 days before. L' Page 12 May 8th, 1984 Mr. Landolfi stated that they weren't posted. He went out to see. Mr. Tarentino stated that it was just negligence. Mr. Landolfi asked when she would like to move in. Mr. Tarentino replied, as soon as possible. Mr. Cortellino made a motion to follow the procedures. Mr. Landolfi asked to make sure all inspections as noted, have taken place. Mr. Landolfi made a motion to close the appeal. Mr. Urciouli seconded the motion. Mr. Landolfi asked if the members had any problems with this. Mr. Waddle stated that she had no problems. There was a discussion among the board. Mr. Urciouli made a motion to grant the requested Special Use Permit. The motion was seconded by Mrs. Waddle. Vo to : Mr. Landolfi - aye Mrs. Waddle - aye Mr. Urciouli - aye The motion was carried. Mr. Landolfi read the next appeal: Mr. Cortellino - aye Mr. Caballero - absent Appeal #747, at the request of the Zoning Administrator, seeking an interpretation of Section 416.51 of the Town of Wappinger Zoning Ordinance. This item was tabled. The Zoning Administrator was not present. Mr. Landolfi read the next item: Appeal#750, at the request of Robert A. Arnouts, Architect, for the new Lee Myles Auto Transmission Center, seeking a Special Use Permit for property located on the east side of Route 9, approximately 1,000 feet south of Old Hopewell Road, in the Town of Wappinger. Page 13 May 8th, 1984 Mr. Robert A. Arnouts and Mr. Tompkins, the owner, were present. Mr. Arnouts stated this was the same as the one reviewed by the Zoning Board about a year ago, and approved for Amco Transmissions, with the exception that they are adding an additional 1,000 sq. feet to the building. Everything is identical. They have all the setback requirements. The only variance they might need would be on parking. They have 10 spaces less than required. Mr. Landolfi stated that this appeal will go on to the Planning Board and they will make recommendations for us to consider. Mrs. Waddle made a motion to refer this Appeal to the Planning Board. The motion was seconded by Mr. Cortellino. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Urciouli - aye The motion was carried. Mr. Landolfi read the next appeal: Mr. Cortellino - aye Mr. Caballero - absent Appeal #751, at the request of the Saxton Corporation, seeking an interpretation of Section 416.52 of the Zoning Ordinance of the Town of Wappinger. This item was tabled. A motion was made by Mr. Cortellino, seconded 'by Mrs. Waddle, to adjourn. The motion was carried. The meeting was adjourned at 9:45 P.M.. Respectfully submitted, Linda Berberich, Secretary Town of Wappinger Zoning Board of Appeals lb