1984-06-12ZONING BOARD OF APPEALS
JUNE 12TH, 1984 - 7:00 P.M.
AGENDA
TOWN HALL
MILL STREET
WAPP. FALLS, NY 12590
PUBLIC HEARINGS:
1. 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 33 foot frontyard setback where
35 feet is required on an existing houses, on property located on
3 Scotse Road, being parcel # 6157-02-969724, in the Town of Wappinger.
2. Appeal # 752, at the request of Peter F. & Lucille R. Barbato,
seeking a variance of Article IV, Section 422, footnote "d" of the
Town of Wappinger Zoning Ordinance, to permit them to have a frontyard
setback of 48 feet where 75 feet is required, on property located
on 59 Old Route 9, being parcel # 6157-02-597715, in the Town of Wappinger.
3. Appeal # 753, at the request of Navin Gupta, seeking a
variance from Section 422 and Sections 404.31 and 404.33 of the Town
of Wappinger Zoning Ordinance, to change (expansion) a non -conforming
residential and commercial use in an HB-lA zone to allow for conversion
of a commercial use to a residential use, 1z connection with premises
located on Old Route 9, being parcel # 6158-04-557004, in the Town
of Wappinger.
4. Appeal # 754, at the request of Jon Phillips, seeking a
variance of Article IV, Section 421, R-20 District Lot Size Requirements
of the Town of Wappinger Zoning Ordinance, to permit the subdivision
of property to allow for lots of 18,394 square feet (Lot 1) and 20,404
square feet (Lott2) in a district which requires 20,000 square feet
per lot, in connection with prop6rty located on Middlebush Road, being
parcel # 6157-01-414840, in the Town of Wappinger.
5. Appeal # 755, at the request of Virginia B. Shaw, seeking a
variance of Section 404.3 of the Town of Wappinger Zoning Ordinance,
to allow a 40 foot by 12 foot porch to be constructed on a non -conforming
mobile home, located on 8 Roberts Road, being parcel # 6257-01-035915,
in the Town of Wappinger.
6. Appeal # 756, at the request of the New York Telephone
Company, seeking a variance of Article IV, Section 421 - Front, Rear
and Sideyard Setback Requirements of the Town of Wappinger Zoning
Ordinance, to permit them to construct a 10.x 6 x 8 foot above ground
telephone but at lesser setbacks than required, on property of
Carl G. Jensen, located on Myers Corners Road, being parcel # 6258-02-
795557, in the Town of Wappinger.
Page Two
I PUBLIC HEARINGS:
7. Appeal # 758, at the request of Mr. & Mrs. Zronathan Peck,
„r seeking a variance of Article IT, Section 220 of the Town of Wappinger
Zoning Ordinance, to permit them to construct a one family house
on a lot without Town road front" -e-, on property located on
Dugan Lane, being parcel # 6256-02-970944, in the Town of Wappinger.
II UNFINISHED BUSINESS:
1. Appeal # 720, at the request of Gina Petroleum, Inc., seeking
a Special Use Permit pursuant to Article IV, Sections 404.31 and 430
of the Town of Wappinger Zoning Ordinance, for a gasoline filling
station and a carwash, on property located on Route 376, being
parcel # 6259-04-840023, in the Town of Wappinger.
2. 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 yard 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.
3. Appeal # 732, at the request a -f Richard 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 side yard setback requirements, on property located
at 21 Baldwin Drive, being parcel # 6257-02-589968, in the Town of
Wappinger.
4. Appeal # 742, at the request of Manny 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.
5. 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.
6. Appeal # 747, at the request of Pamela M. Farnsworth, Zoning
Administrator, seeking and interpretation of Section 416.51 of the
Town of Wappinger Zoning Ordinance.
I
Page Three
UNFINISHED BUSINESS:
7. Appeal # 751, at the request of the Saxton Corporation,
seeking an interpretation of Section 416.52 of the Town of Wappinger
Zoning Ordinance with regard to canopy sign, in connection with
premises located on Old Hopewell Road and Route 9, in the Town of
Wappinger.
III NEW BUSINESS:
1. Appeal # 757, at the request of the New York Telephone
Company, seeking a Special Use Permit pursuant to Article IV,
Sections 430 and 421, paragraph 14 of the Town of Wappinger Zoning
Ordinance, to construct an above ground telephone but on property
of Carl G. Jensen, located on Myers Corners Road, being parcel #
6258-02-795557, in the Town of Wappinger.
IV CORRESPONDENCE:
1. Letter dated May 16th, 1984 from Marc W. Kelley, Executive
Director of Greystone House, Inc. - RE: Proposed Sign.
2. Letter dated May 22nd, 1984 from Richard Birch, Senior
Planner of the Dutchess County Department of Planning - RE: Leonard
Sign Variance Application,
ZONING BOARD OF APPEALS MINUTES JUNE 12TH, 1984
Mr. Landolfi called the meeting to order at 7:02 P.M. He then asked
for a roll call.
Members Present:
Mr. Landolfi
Mrs. Waddle
Mr. Urciouli
Mr. Cortellino
Mr. Caballero
Others Present:
Linda Berberich, Secfetary
Pamela M. Farnsworth, Zoning Administrator
Mr. Landolfi asked if the abutting property owners had been notified.
Ms. Berberich responded they had been according to the records avail-
able in the Assessor's office.
Mr. Landolfi briefly explained how the meeting would be run; the board
would go through each appeal, giving everyone the chance to be heard.
He read the first 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 33 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.
Lourdes Costa was present.
Mr. Landolfi asked her is she was represented by legal council when
she moved into the house.
Mrs. Costa replied that she was, by Mr. Wolfson. She found out on
the 13th,of March that the setback was 33 feet as apposed to the
35 feet. She was to have the closing on the 22nd of March. She
would have lost the house if she didn't close.
Mr. Landolfi asked Mrs. Costa who built the house.
Mrs. Costa replied that Jeff Hunt Developers built the house.
Mr. Landolfi stated that he would like to take steps that no future
CO'S be given out unless it is clear.
Mrs. Waddle stated that the Town Board or the Planning Board has to
get some relief. She recommended the Zoning Board write to the
Town Board and tell them that the Zoning Board will not act on any
of these variance and they will deny these variances until the Town
Board sees fit to do something about the development.
Zoning Board Minutes -2- June 12th, 1984
Mr. Cortellino made a motion to deny the requested variance. The
motion was seconded by
Mrs. Waddle suggested to table this item, and go to the Town Board
and find out what they intend to do to grant relief in that area.
Mr. Landolfi asked Ms. Berberich to make a note to set up a workshop
on Pondview.
Mr. Cortellino made a motion to table the appeal until the workshop
is held. The motion was seconded by Mrs. Waddle.
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 - aye
Appeal #752, at the request of Peter F. & Lucille R. Barbato, seeking
a variance of Article IV, Section 422 ,footnote "d" of the Town of
Wappinger Zoning Ordinance, to permit them to have a frontyard
setback of 48 feet where 75 feet is required, on property located
on 59 Old Route 9, being parcel # 6157-02-597715, in the Town of
Wappinger.
Lucille Barbato & Peter Barbato were present.
Mrs. Waddle asked if this was the same property that they came in for
a variance before.
Mrs. Barbato replied yes.
There was a discussion among the board.
Mrs. Waddle made a motion to table this appeal until they have direction
from the County.
Mr. Landolfi asked Ms. Berberich if she had heard anything from the
County.
Mrs. Waddle stated that they haven't seen any plans on this.
Mr. Urciouli asked if it was going to be a garage or a restaurant.
Mrs. Barbato stated that she wanted to put, like a deli, a couple of
stores of that type.
JVxs. Waddle asked what she meant by a couple of stores.
. . Zoning Board Minutes -3- June 12th, 1984
Mrs•..Barbato stated retail use.
Mr. Cortellino aske if there would be one store or a multiple of
stored.
Mr. Barbato answered, one store, but they are not sure.
Mrs. Waddle made a motion to table this item and ask the gentleman
interested in the property to come to the next meeting and explain
what his plans are. Mr. Urciouli seconded the motion.
Mr. Cortellino stated that he would like to see where the septic
lines are going.
Vote:
Mr. Landolfi - aye
Mrs. Waddle - aye
Mr. Urciouli - aye
The motion was carried.
Mr. Cortellino - aye
Mr. Caballero - aye
Mr. Landolfi asked Ms. Berberich to send a letter to the Town Engineer
and ask him to look into the drainage prior to the next meeting,
Mr. Landolfi read the next appeal:
i
Appeal #753, at the request of Navin Gupta, seeking a variance from
Section 422 and Sections 404.31 and 404.33 of the Town of Wappinger
Zoning Ordinance, to change (expansion) a non -conforming residential
and commercial use in an HB-lA zone to allow for conversion of a
commercial use to a residential use, in connection with premises
located on Old Route 9, being parcel #6158-04-557004, in the Town
of Wappinger.
Gordon Mohrman was present.
Mr. Mohrman stated that he wanted to make 2 small studio apartments,
Mrs. Antanelli, Old Route 9, doesn't like the idea of changing
from commercial to business.
Mr. Landolfi stated that they are not changing zones.
Mrs. Waddle asked haw many apartments are rented.
Mr. Mohrman replied that they all were.
LOOP Mr. Waddle asked where the septic systems were.
Mr. Mohrman answered that they were in the back.
Zoning Board Minutes -4- June 12th, 1984
There was a discussion on the Septic System.
Mrs. Waddle asked when were the wells last tested by the Board of
Health.
Mr. Mohrman replied that they are tested monthly.
Mr. Urciouli stated that he would like to see dimensions on the
the septic system.
Mrs. Farnsworth stated that she was not satisfied with what she found.
Needs more research.
Mrs. Antanelli said they had a water problem, because of a swamp
on the back.
Mr. Masiola, property next door, thinks the property is to small.
Mr. Urciouli made a motion to deny the variance. Mr. Caballero
seconded the motion.
Vote:
Mr. Landolfi - aye Mr. Cortellino - aye
Mrs. Waddle - aye Mr. Caballero - aye
Mr. Urciouli - aye
The motion was carried.
i d.
Mr. Landolfi read the next appeal:
Appeal #754, at the request of Jon phillips, seeking a variance of
Article IV, Section 421, R-20 District Lot Size Requirements of the
Town of Wappinger Zoning Ordinance, to permit the subdivision of
property to allow for lots of 18,394 square feet (Lot 1) and 20,404
Square feet (Lot 2) in a district which requires 20,000 square feet
per lot, in connection with property located on Middlebush Road,
being Parcel # 6157-01-414840, in the Town of Wappinger.
Mr. Jon Phillips was present.
Mr. Caballero stated that he wasn't getting reasonable use of the
property.
Mr. Phillips said that the house is not being used, they are just
using the warehouse.
Mrs. Waddle stated that she really didn't have a problem with this.
Mr. Landolfi asked if there was anyone there to speak for or against.
Zoning Board Minutes -5- June 12th, 1984
Mr. Joseph Stafani, 32 Middlebush Road, lives across the street.
He would like the house to be sold and fixed up. He doesn't want
another warehouse.
Mrs. Waddle stated that area is zoned residential. The warehouse
was there before zoning.
Mr. Landolfi closed the appeal.
Mrs. Waddle made a motion to grant the variance. 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 - aye
Appeal #755, at the request of Virginia B. Shaw, seeking a variance
of Section 404.3 of the Town of Wappinger Zoning Ordinance, to allow
a 40 foot by 12 foot porch to be constructed on a non -conforming
mobile home, located on 8 Roberts Road, being parcel # 6257-01-
035915, in the Town of Wappinger.
Virginia B. Shaw was present.
Mrs. Waddle asked her how long she lived in the mobile home.
Mrs. Shaw replied that she lived there about 14 years.
Mrs. Waddle stxated that she wanted a drawing from the builder so we
can see what it is going to look like.
Mr. Landolfi asked if there was anyone to speak either for or against.
Richard Tallman, 22 Roberts Road,asked the board to come out and
look at what she has done.
Mr. Prassel, 15 Spook Hill Road,stated that the porch is almostbuilt
and it is nearly the size of the existing trailer. She put up a
car port without a permit.'
Mary VanDe Car, 21 Roberts Road, stated that the carport was left
by a Mary Thompson, a former tenant. It is not visible from the
front.
Zoning Board Minutes -6- June 12th, 1984
Mr. Landolfi closed the appeal.
There was a discussion among the board.
Mr. Urciouli made a motion to deny the variance, structure without
a building permit, and no plans were submitted.
Vote:
Mr. Landolfi - aye Mr. Cortellino - aye
Mrs. Waddle - aye Mr. Caballero - aye
Mr. Urciouli - aye
The motion was carried.
Mr. Landolfi called a 10 minute cigarette break.
Mr. Landolfi read the next appeal:
Appeal #756, at the request of the New York Telephone Company,
seeking a variance of Article IV, Section 421 - front, rear and
sideyard setback requirements of the Town of Wappinger Zoning
Ordinance, to permit them to construct a 10 x 6 x 8 foot above
grounf telephone but at lesser setbacks thatn required, on property
of Carliensen, located on Myers Corners Road, Being Parcel #6258-
02-795557, in the Town of Wappinger.
Richard Chasin, Engineer, Ray Bass, and Carl Jensen, owner were
present.
Mr. Cortellino asked them if they had a copy of the 3 way test
from the variance request.
Mr. Chasin replied that he had.
Mr. Chasin stated that they want to install an above ground "mini
but". It is a facility that will house electronic switching equip-
ment that will enhance the distribution in the area. Mr. Jensen
okayed this to go on his property.
Mrs. Waddle asked if there is anything from the County.
Mr. Landolfi replied that they hadn't received anything yet.
Mr. Chasin stated that it will be a very small structure, and that
it has to be in that general vicinity.
Mrs. Waddle asked what the problem would be if they came to the
correct setback.
Zoning Board Minutes -7- June 12th, 1984
Mr. Jensen stated that if he had it where it is on the plans, nobody
could see it.
Mr. Cortellino stated that they should be going for another variance
for dual use.
Mrs. Waddle said there is nothing to stop it from being in the
required setback.
Mr. Urciouli said that he could not consider a lawn a hardship.
Mr. Caballero made a motion to table this appeal until there is
something from the County. 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 - aye
Appeal #758, at the request of Mr. & Mrs. Jonathan Peck, seeking a
variance of Article II, Section 220 of the Town of Wappinger Zoning
Ordinance, to permit them to construct a one family house on a lot
without Town road frontage, on property located on Dugan Lane,
being parcel #6256-02-970944, in the Town of Wappinger.
Jonathan & Patty Peck were present.
Mr. Landolfi stated that if the variance is granted and they went
ahead, sometimes the oil companies, school buses, etc., don't like
to go in on those roads.
Mr. Landolfi asked if there was anyone to speak for or against
this appeal.
There was no one.
Mr. Caballero made a motion that the variance be granted, The motion
was seconded by Mrs. Waddle.
Vote:
Mr. Landolfi - aye
Mrs. Waddle - aye
Lo� Mr. Urciouli - aye
The motion was carried.
Mr. Cortellino - nay
Mr. Caballero - aye
Zoning Board Minutes -8- June 12th, 1984
Mr. Landolfi read the next appeal:
Appeal #720, at the request of Gina Petroleum, Inc., seeking a
Special Use Permit pursuant to Article IV, Section 404.31 and 430
of the Town of Wappinger Zoning Ordinance, for a gasoline filling
station and a carwash, on property located on Route 376, being parcel
#6259-04-840023, in the Town of Wappinger.
No one was present.
Mrs. Waddle stated that they need the minutes from the previous
meetings.
Mr. Caballero made a motion to table this appeal. 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 - aye
Appeal # 732, at the request of Richard 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 property located at
21 Baldwin Place, being parcel #6257-02-589968, in the Town of
Wappinger.
Richard and Betty Jean Lanni were present.
There was a discussion on setbacks.
Mr. Landolfi asked if the board had any questions or concerns.
Mr. Lanni stated that the addition can't go on the back because
it is not useable.
There was a discussion among the board.
Mr. Landolfi asked if there was anyone there to speak for or against.
There was no one.
Mr. Landolfi made a motion to close the appeal.
L/
Zoning Board Minutes
-9- June 12th, 1984
Mr. Caballero made a motion to deny the requested variance. 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 - aye
Appeal #741, at the request of 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 #6256001-242792, in the Town of
Wappinger.
Mrs. Waddle asked if the hearing was closed and they had to make
a decision now.
Mr. Landolfi stated yes, the hearing was closed.
There was a discussion among the board.
Mrs. Waddle stated that there was no hardship.
Mrs. Waddle made a motion that the requested variance be denied.
The motion was seconded by Mr. Caballero.
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 - aye
Appeal # 747,.at the request of Pamela M. Farnsworth, Zoning Administrstor,
seeking an interpretation of Section 416.51 of the Town of Wappinger
Zoning Ordinance.
Mrs. Farnsworth stated that this regards signs of fixed and parallel
to the outer wall of the structure. Does each building have a sugn.
Mr. Cortellino stated that only one sign on the building.
Mrs. Waddle made a motion to contact the Town Attorney for his inter-
pretation. The motion was seconded by Mr. Caballero.
Zoning Board Minutes - 10 - Junel2th, 1984
Vote:
Mr. Landolfi - aye Mr. Cortellino - aye
Mrs. Waddle - aye Mr. Caballero - aye
Mr. Urciouli - aye
The motion was carried.
Mr. Landolfi read the next appeal:
Appeal #751, at the request of the Saxton Corporation, seeking a
interpretation of Section 416.52 of the Town of Wappinger Zoning
Ordinance with regard to canopy sign, in connection with premises
located on Old Hopewell Road and Route 9, in the Town of Wappinger.
Mrs. Waddle asked if there was any response from the Town Attorney.
Ms. Berberich stated that he was sent a letter on May 21st, 1984.
Mr. Landolfi asked Ms. Berberich to call Mr. Kessler and ask him to
send a letter as soon as possible.
Mr. Cortellino stated that he will not accept 2 corporations on the
same peice of property. The pumps are Shell's and they are on
7 -Eleven store, that is two uses on the property.
Mrs. Waddle made a motion to table this item until they have received
the comments from the Town Attorney. Also, the minutes from the
previous meetings. The motion was seconded by Mr. Urciouli.
Vote:
Mr. Landolfi - aye Mr. Cortellino - aye
Mrs. Waddle - aye Mr. Caballero - aye
Mr. Urciouli - aye
The motion was carried.
Mr. Landolfi read the next appeal:
Appeal #757, at the request of the New York Telephone Company, seeking
a Special Use Permit pursuant to Article IV, Section 430, and 421,
paragraph 14 of the Town of Wappinger Zoning Ordinance, to construct
an above ground telephone but on property of Carl Jensen, located on
Myers Corners Road, being Parcel#6258-02-795557, in the Town of
Wappinger.
Mrs. Waddle made a motion to refer this appeal to the Planning Board
for their approval and recommendation. The motion was seconded 'by
Mr. Urciouli.
Zoning Board Minutes
Vote:
Mr. Landolfi - aye
Mrs. Waddle - aye
Mr. Urciouli - aye
The motion was carried.
-11- June 12th, 1984
Mr. Cortellino - aye
Mr. Caballero - aye
Mr. Landolfi read the next appeal:
Appeal #759, Rems Associates, an interpretation.
Mr. Morton Marks and Mr. Brad Perkins were present.
Mrs. Waddle suggested that this appeal be sent to the Hughsonville
Fire District for their comments on the building.
Mr. Marks utated that he wants to fit a building, to set in with
the land. On the upper elevation it would be 2 stories, and on
the lower elevationtit will be 3 stories.
Mr. Perkins stated that the ceiling of the lowest level is 2' to 3'
above the average grade and the way the ordinance reads is that
if the ceiling is less than 5 feet it is considered a basement.
Mrs. Waddle stated that if they stay within the 35' it is more
important than whether it is 2 or 3 stories. That is our inter-
pretation.
CORRESPONDENCE
Greystone House - letter dated May 16th, 1984 from Marc W. Kelley,
Executive Director of Greystone House, Inc. - RE Proposed sign.
Mrs. Waddle stated that all they wanted was "Greystone House" printed
on the sign, and that is all they can heave because it is a residen-
tial area. It looks like a privated residence and it fits in with
the character of the neighborhood.
Mr. Landolfi asked Ms. Berberich to write a letter stating that only
Greystone House can be printed on the sign.
The meeting was adjourned at 10:30 P.M..
R--enspectfully submitted,
1--, pljj�
/�
V Il��
Linda Berberich, Secretary
Zoning Board of Appeals