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1984-07-10ZONING BOARD OF APPEALS JULY 10TH, 1984 - 7:00 PM AGENDA TOWN HALL MILL STREET WAPP. FALLS, NY PUBLIC HEARINGS: 1. Appeal # 760, at the request of John W. Vorndran seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to allow a 50 foot frontyard setback where 75 feet is required, on property located on All Angels Hill Road, no Parcel # on the records, in the Town of Wappinger. 2. Appeal #762, at the request of Brian J. Blazevich seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to permit him to construct a deck with a 5 foot sideyard wh6te 12 feet is required, on property located on 7 Seneca Lane, Wappinger Park, being Parcel # 6157-02-508535, in the Town of Wappinger. UNFINISHED BUSINESS 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 house, on property located on 3 Scotse Road, Pondview Development, being Parcel # 6157-02-969724, in the Town of W06*01 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 foot 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 #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 setback than required, on property of Carl G. Jensen, located on Myers Corners Road, being Parcel #6258-02-795557, in the Town of Wappinger. 4. Virginia B -Shaw, seeks a rehearing of Appeal #755, to expand a non -conforming use per section 404.31 and to appeal a stop work order for lack of a Building Permit as required under Section 521 of the Town of Wappinger Zoning Ordinance. Page 2 July 10th, 1984 "i NEW BUSINESS irrr"' 1. Appeal #761, at the request of John W. Vorndran, seeking a Special Use Permit pursuant to Article IV, Section 421, paragraph 5, of the Town of Wappinger Zoning Ordinance, to construct a Medical Office Building, located on All Angels Hill Road, no Parcel # on the records, in the Town of Wappinger. ZONING BOARD OF APPEALS TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12520 TeL. 297-6257 MEMO TO: Zoning Board of Appeals FROM: Linda Berberich r0w4` DAT15: July 5th, 1984 SUBJECT: Addition to the Agenda Please add the following: UNFINISHED BUSINESS 5. 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. f ` ZONING BOARD OF APPEALS July 10th, 1984 P1 Mr. Landolfi called the meeting to order at 7:05 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, Secretary 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 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. He read the first appeal: "Appeal # 760, at the request of John W. Vorndran seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to allow a 50 foot frontyard setback where 75 feet is required, on property located on All Angels Hill Road, no parcel # on the records, in the Town of Wapppinger. Mr. Vorndran, Mr. Joel Henig - Ritter & Hakan were present. Mrs. Waddle made a motion to table this appeal until we hear from the County. The motion was seconded by Mr. Caballero. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Urciouli - aye Mr. Cortellino - aye Mr. Caballero - aye Mrs. Farnsworth stated that this appeal was scheduled for a public hearing, can't it be heard. Mr. Landolfi responded that the board has elected not to do so. They would like to wait and hear from the County. Mr. Cortellino stated that they adjourned till they heard from the County. He would like to see the original plan before he can entertain this appeal. The motion was carried. Zoning Board of Appeals -2- July 10th, 1984 Mr. Landolfi read the next appeal: "Appeal #762,at the request of Brian J. Blazevich seeking a variance of Article Iv, Section 421 of the Town of Wappinger Zoning Ordinance, to permit him to construct a deck with a 5 foot sideyard where 12 feet is required, on property located on 7 Seneca Lane, Wappinger Park, being parcel #6157-02-508535, in the Town of Wappinger." Brian Blazevich was present. There was a discussion among the board. Mr. Caballero asked if there was any reason you can't have it in the back. Mr. Blazevich answered that there would be no privacy. Mr. Urciouli asked if the deck was going to be elevated. Mr. Blazevich stated that is was 2' off the ground. Mr. Landolfi asked if there were any questions. There were none. Mr. Landolfi closed the appeal. Mr. Caballero stated that it would be to close to the other house. Mr. Caballero made a motion to deny 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 #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, Pondview Development, being Parcel#6157-02-969724, in the Town of Wappinger. No one was present. Mr. Landolfi stated that it was just a question of acting on this appeal. Zoning Board Of Appeals -3- There was a discussion among the board. July 10th, 1984 Mr. Caballero made a motion to grant the requested variance. Mr. Cortellino seconded the motion. Vote: Mr. Landolfi - aye Mrs. Waddle - nay 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 56 Old Route 9, being parcel#6157-02-597715, in the Town of Wappinger. Mr. Jack Railing, Mr. & Mrs. Barbato, Mrs. LeRoy -perspective buyer. Mr. Caballero made a statement for the record. "Generally, the County has a negative opinion on this kind of setback, don't see why this one came in without a negative opinion." Mr. Railing presented the board with a list of potential stores for the building. Mr. Railing stated that is the board looks at the list they could see the intent of the type of facility. The list is pretty comp- rehensive. Mrs. Waddle asked how many tenants do they want to have. Mr. Railing stated that at the most the would have 4. Four small stores. Mr. Landolfi read some of the engineers comments. They talked about the sewage disposal system. Mr. Landolfi asked if there were any concerns of the board. Mr. Cortellino asked Mrs. Farnsworth what the zoning was. Mrs. Farnsworth replied that it was HB -1. Zoning Board of Appeals am July 10th, 1984 Mr. Landolfi stated they would like to have some idea of what is going to be there. Mr. Railing stated that it was going to be consistent with use. Mr. Caballero asked why they couldn't have the building setback 75'. Mr. Railin answered that the way the lot exists, the depths and widths do not meet the minimum for HB -1. The only place the septic system can be placed is on the Old Route 9 side because of the existing drainage pattern and that exists along the Route 9 side. In order to get the septic system, it has been designed to keep the system small. Mrs. Waddle asked that since there is a stream running through there, she thinks the Planning Board would request an EIS. Mr. Railing stated that he will go immideately with the long EIS. There is no problem with that. Mr. Cortellino made a motion to grant the requested variance subject to the long EIS. The motion was seconded 'by Mr. Urciouli. Mr. Caballero stated that no business with high water consumption amn go in there. 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 #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 a lesser setback than required, on property of Carl Jensen, located on Myers Corners Road, being parcel #6258-02-795557, in the Town of Wappinger. Zoning Board Of Appeals -5- Mr. Carl Jensen, owner, was present. July 10th, 1984 Mr. Caballero stated that this didn't sit right with him, most of the recommendations that come from the County have been to maintain the 75' setback. Mr. Landolfi asked Mrs. Farnsworth to fill them in. Mrs. Farnsworth said that this paticular section is not on the improvement schedule for widening. Mr. Cortellino asked what the setback is. Mrs. Farnsworth answered that it is 20 to 25'. There was a discussion among the board. Mr. Cortellino made a motion to grant the request variance. Mrs. Waddle seconded the motion. 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 - nay "Virginia B. Shaw, seeks a rehearing of Appeal #755, to expand a non -conforming use per Section 404.31 and to appeal a stop work order for lack of a building permit as required under Section 521 of the Town of Wappinger Zoning Ordinance. Virginia B. Shaw was present. There was a discussion among the board. Mrs. Waddle stated she did not feel that a hardship exists and made a motion to deny the rehearing. The motion was seconded by Mr. Cortellino. Vote Mr. rLandolfi - aye Mr. Cortellino - aye Mrs. Waddle - aye Mr. Caballero - aye Mr. Urciouli - aye The motion was carried. 0 Zoning Board of Appeals -6- July)10th, 1984 Mrs. Shaw asked, in other words, I can'tbuild a porch. Mrs. Waddle answered yes. Mr. Landolfi read the next appeal: "Appeal # 761, at the request of John W. Vorndran, seeking a Special Use Permit pursuant to Article IV, Section.421, paragraph 5, of the Town of Wappinger Zoning Ordinance, to construct a medical office building, located on All Angels Hill Road, no parcel # on the records, in the Town of Wappinger. Mr. Joel Henig from Ritter & Hakin was present. Mrs. Waddle made a motion to refer this appeal to the Planning Board. 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 #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. Keith Gordon and Jack Railing were present. Mr. Cortellino made a motion to grant the requested variance. The motion was seconded by Mr. Urciouli. Vote: Mr. Landolfi - aye Mrs. Waddle - obstained Mr. Urciouli - aye The motion was carried. Mr. Cortellino - aye Mr. Caballero - aye Mr. Landolfi then stated they would discuss the correspondence. Letter dated 6/29/84, from Mr. Kessler RE: MacGeorge. Mr. Urciouli stated they should have a public hearing. Mrs. Waddle stated that they should ask Mr. Kessler to attend the meeting. ,v r Zoning Board of Appeals -7- July 10th, 1984 Next item under correspondence: Letter dated 6/30/84, from Mr. Kessler, RE: Saxton Corp. Mr. Cortellino stated that the 7 -Eleven Corp. was running the outfit, and they wanted permission to have pumps in addition. No mention was made that it was a seperate owner. It was a misrepresentation by submission. Since both were owners, both should have applied for the variance. Mr. Landolfi stated that he would like Mr. Kessler present for the next meeting of the Saxton Corp. Mr. Landolfi stated that there was anotker item penciled in on the agenda: Appeal #763, Interpretation of the word "uses". Mr. Railing was present. Mr. Railing stated that a portion of the ordinance on HB -1. IL Mrs. Farnsworth's decision was that you could not have more than one store in a building unless all by one owner. Do not see a problem with several tenants. Mrs. Farnsworth stated that in one building you can have a bakitry, shoe store, etc., is a use or a user. Mr. Railing stated that they adress subscrib "f" under 422, the disagreement lies within that portion. Mr. Landolfi suggested that this item be tabled until the August agenda so that it could be researched. Mr. Cortellino made a motion to adjourn the meeting, The meeting was adjourned at 8:25 P.M.. Respectfully submitted, LA Linda Berberich, Secretary Zoning Board of Appeals lb