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1984-08-14ZONING BOARD OF APPEALS TOWN HALL AUGUST 14TH, 1984 - 7:00 P.M. MILL STREET AGENDA WAPP. FALLS, NY PUBLIC HEARINGS: 1. Appeal #764, at the request of Jason R. Morse, seeking a variance of Article IV, Section 421, of the Town of Wappinger Zoning Ordinance, to allow a right of way access when 25 foot frontage on an improved road is required, on property located on Route 9D, being Parcel #6157-03-017302, in the Town of Wappinger. 2. Appeal #757, at the request of the New York Telephone Company, seeking a Special Use Permit pursuant to Article IV, Section 430, of the Town of Wappinger Zoning Ordinance, to permit them to construct a mini hut, on property of Carl G. Jensen, located on Myers Corners Road, being Parcel#6258-02-795557, in the Town of Wappinger. 3. Appeal #765, at the request of Granite Homes Inc., 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 Myers Corners Road & Taryl Court, being Parcel#6358-01-102523, in the Town of Wappinger. 4. Appeal#766, at the request of Steven Amendola, seeking a variance of Article IV, Section 404.3 of the Town of Wappinger Zoning Ordinance, to approve an expansion of a non -conforming use, on property located on Diddell Road, being Parcel #6359-04-526478, in the Town of Wappinger. 5. Appeal #767, at the request of Richard M. Dombroski, seeking a variance of Article IV, Section 422, of the Town of Wappinger Zoning Ordinance, to permit him to construct a deck with a 24 foot rearyard setback where 40 feet is required, on property located on 26 Mina Drive, being Parcel #6157-01-970748, in the Town of Wappinger. 6. Appeal #772, at the request of William C. Gross, seeking a variance of Section 473.2 of the Town of Wappinger Zoning Ordinance, to allow 9' x 18' parking spaces when 10' x 20' spaces are required, on property located on Route 9, being Parcel #6156-02-737984, in the Town of Wappinger. 7. Appeal_# 773, at the request of William C. Gross, seeking a variance of Section 422 of the Town of Wappinger Zoning Ordinance, to allow a 35 foot setback when 75 feet is required, on property located on Route 9, being Parcel #6156-02-737984, in the Town of Wappinger. 8. Appeal #768, at the request of Carl & Marjorie Sitler, seeking a variance of Article IV, Section 421, of the Town of Wappinger Zoning Ordinance, to allow an 18 foot sideyard setback when 20 feet is required on property located on 33 Alpert Drive, being Parcel #6257-02-783687, in the Town of Wappinger. i Zoning Board Agenda -2- August 14th, 1984 9. Appeal #769, at the request of REMS Associates, seeking a variance of Article IV, Section 473.2, of the Town of Wappinger Zoning Ordinance, to allow a 18 x 19' parking spaces when 20 x 10' are required, on property located on Route 9, being Parcel #6157-02- 608885, in the Town of Wappinger. 10. Appeal #770, at the request of Dom D'Agostino's, seeking a variance of Article IV, Section 422, of the Town of Wappinger Zoning Ordinance, to allow a lesser setback from Smithtown Road than the required 75 feet, on property located on Route 9, being Parcel #6156- 02-666989, in the Town of Wappinger. 11. Appeal #771, at the request of Dom D'Agostino's, seeking a variance of Article IV, Section 416.51, of the Town of Wappinger Zoning Ordinance, to allow up to an additional 2 signs on a new building when 1 is allowed, on property located on Route 9, being Parcel #6156-01-666989, in the Town of Wappinger. UNFINISHED BUSINESS: 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. ZONING BOARD OF APPEALS MINUTES AUGUST 14TH, 1984 Mr. Landolfi called the meeting to order at 7:05 P.M. He then asked for a roll call. Members Present: Mr. Landolfi Mr. Urciouli Mrs. Waddle Mr. Cortellino Mr. Caballero Others Present: Linda Berberich, Secretary Pamela M. Farnsworth, Aoning Administrator Mr. Landolfi asked if the abutting property owners had,'been notified. Ms. Berberich replied they had according to the records available 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: Appel #764, at the request of jason R. Morse, seeking a variance of Article IV, Section 421, of the Town of Wappinger Zoning Ordinance, to allow a right of way access when 25 foot frontage on an improved road is required, on property located on Route 9D, being Parcel #61.57- 03-017302, in the Town of Wappinger. Mr. Jason Morse was present. Mr. Morse stated that the property has a 50 foot right of way. Mr. Cortellino asked if he knew he didn't have frontage when he bought the property. Mr. Morse replied yes, but he wasn't aware of the Zoning Laws. He also stated that the Board of Health had already approved the Septic. Mr. Landolfi read the recommendation from the County. Mr. L�ndolfi asked if there was anyone to speak either for or against this appeal. There was no one. Mr. Landolfi then closed the appeal. sion among the 'board. There was a brief discus g Zoning Board Minutes -2- August 14th, 1984 Mr. Caballero made a motion that the variance be granted. The motion was seconded by Mr. Urciouli. Vote: Mr. Landolfi - aye Mr. Urciouli - aye Mrs. Waddle - aye The motion was carried. Mr. Cortellino - aye Mr. Caballero - aye Mr. Landolfi read the next appeal: Appeal #757, at the request of the New York Telephone Company, seeking a Special Use Permit of Article IV, Section 430, of the Town of Wappinger Zoning Ordinance, to permit them to construct a mini hut, on property of Carl G. Jensen, located on Myers Corners Road, being Parcel #6258-02-795557, in the Town of Wappinger. Don Mc Manus - New York Telephone & Richard Chasen - Consulting engineer. Mr. Landolfi stated that they have a letter from the Planning Board and they recommend that this Special Use Permit be granted. Mrs. Waddle made a motion to grant the Special Use Permit. The motion was seconded by Mr. Urciouli. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Urciouli - aye The motion was carried. Mr. Cortellino - aye Mr. Caballero - aye Mr. Landolfi read the next appeal: Appeal #765, at the request of Granite Homes Inc., seeking a variance of Article IV, Section 421, of the Town of Wappinger Zoning Ordinance, to allow a 50 foot frontyard setback where 75 is required, on property' located on Diddell Road, being Parcel #6358-01. 102523, in the Town of Wappinger. Bill Malloy, President of Granite Homes Mr. Malloy stated that the original concept was to do large custom homes, originally 75' in lenght. The project was originally approved for a 50 foot setback from Myers Corners Road. Right after that decision the Town changed the Zoning Ordinance to 75 feet from any County Road. He wants the houses about the same size, style, etc. If it stays at 75 feet, they will have to turn one house sideways and that will defeat the purpose of the whole subdivision. Zoning Board Minutes -3- August 14th, 1984 Mr. Cortellino asked if the subdivision was approved or did he apply for a building permit for that paticular lot. �"Mr. Malloy answered no. There was a discussion on the Map. Mr. Landolfi asked Mrs. Farnsworth if he has the only one that has gone through the proceedings with the plot plans. Mrs. Farnsworth replied that she believes so. She doesn't think there are any others on a County Road. Mr. Landolfi asked if there was anyone to speak either for or against. There was no one. Mr. Landolfi then closed the appeal. There was a discussion among the board. Mrs. Waddle made a motion to table this item until the next meeting so they can do more investigation into this problem. 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 #766, at the request of Steven Amendola, seeking a variance of Article IV, Section404.3 of the Town of Wappinger Zoning Ordinance, to approve an expansion of a non -conforming use, on property located on Diddell Road, being Parcel #6359-04-526478, in the Town of Wappinger. Steven Amendola was present. Mr. Landolfi stated th?t he went out to the house and looked. Mr. Amendola stated that it is a 2 bedroom house. There is not much closet space. The property is on 2� acres and would not be able to see the addition from the back. There is a shed there that will be torn down. Not visible from anyone elses house. Mr. Landolfi asked the board if they had any questions. There were none. Zoning Board Minutes -4- August 14th, 1984 Mr. Landofi asked if there was anyone to speak either for or against. Tony Sabia - 7C White Gates Drive. Soon to be a resident of Diddell Road. Would like to see what the addition will look like. His house will be right next door. There was a discussion between them. Mr. Sabia stated that he had no problems with it. Mr. Landolfi then closed the appeal. Mr. Caballero 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 - aye Mr. Landolfi read the next appeal: Appe-1 #767, at the request of Richard M. Dombroski, seeking a variance r+ of Article IV, Section 422, of the Town of Wappinger Zoning Ordinance, to permit him to construct a deck with a 24 foot rearyard setback where 40 feet is required, on p roperty located on 26 Mina Drive, being Parcel# 6157-01,-970748, in the Town of WAppinger. Richard Dombroski was present. Mr. Landolfi asked if it was in the contract when he bought the house if he was going to put the deck on or was the developer. Mr. Dombroski replied that he was going to put it on himself. Mr. Landolfi asked if then he only contracted just for the sliding glass doors. Mr. Dombroski stated just for the sliding glass door. It was boarded up. Mr. Caballero asked if he knew at that time that a variance would be required. Mr. Dombroski replied that he did not. Zoning Board Minutes -5- August 14th, 1.984 Mr. Caballero asked if the builder let him know about it. Mr. Dombroski replied that he didn't . Mr. Urciouli asked him how long he had been in the house. Mr. Dombroski answered that he had been in since January. Mr. Caballero asked who the builder was. Mr. Dombroski replied that it was Jeff Hunt Developers. Mrs. Waddle stated she thinks they have a problem with Jeff Hunt. Mr. Cortellino asked why couldn't he just put in a patio. Mr. Dombroski replied that someday they wanted to put in a pool. Mr. Landolfi asked if he would consider putting on a smaller deck. Mr. Dombroski replied that they have all ready decreased the size. Mrs. Waddle suggested that he put on a patio. Mr. Dombroski replied that he would rather have something off°the ground. Mr. Landolfi stated he could do that but they would have to make it alot smaller. Mr. Landolfi asked if there was anyone to speak either for or against. Richard Felipe - 4 Scotse Road, his house is next door. He st?ted that he had no problem with this. Mr. Landolfi asked if there was anyone else. There was no one. Mr. Landolfi then closed the appeal. Mr. Landolfi asked what the wishes of the board were. Mr. Cortellino made a motion to deny the variance. The motion was seconded by Mr. C-ballero. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Urciouli - aye The motion was carried. Mr. Caballero - aye Mr. Cortellino aye Zoning Board Minutes -6- August 14th, 1984 Mr. Landolfi read the next appeal: Appeal 4-772,at the request of William C. Gross, seeking a variance a of Section 473.2 of the Town of Wappinger Zoning Ordinance, to allow 9 x 18 parking spaces when 10 x 20 spaces are required, on property located on Route 9, being Parcel #6156-02-737984, in the Town of Wappinger. Mr. William Gross was present. Mr. Gross presented the 'board with a proposed site plan that was presented to the Planning Board. He had discussions with the Planning Board relative ro rhe proposed site plan. It w?s the suggestion of the board that he make this appeal and seek a variance. The Planning Board wanted him to try to get as much of the parking in the back of the lot. For that reason he is making this appeal. Mrs. Farnsworth stated that Mr. Gross has reauested something very similar to what Rems requested and both aMeals came in on the same day and both went to the Planning Department. We don't find the same response. Mr. Landolfi stated that they also have aletter from the Zoning Administrator. He then read the letter. Mr. Gross stated that on the site plan there is an allowance for handicapp parking. Mr. Landolfi asked if there was anyone to speak either for or Pgainst. Peter schanella - Stated that this land is swamp land and there is a gulley between Bottini and his site. He would like to say that gulley must stay open. That is his only concern. Mr. Landolfi asked if there was anyone else. He then closed the appeal. Mrs. Waddle stated that she would like to wait on this until they get a response from the County. There was a discussion among the board. Mr. Cortellino made a motion to deny this variance and to inform the Town Board that the Planning Board is aesthetically involved with changing parking spaces and if the Town Board goes along with it, fine. Mr. Caballero asked for a discussion. It might take the Town Board a long time to act on this. Mrs. Waddle made a motion to table this appeal until they hear something from the County. Zoning Board Minutes -7- August 14th, 1984 Mr. Urciouli seconded the motion. Vote: Mr. Landolfi - aye Mr. Urciouli - aye Mrs. Waddle - aye The motion was carried. Mr. Cortellino - aye Mr. Caballero - aye Mr. Landolfi read the next appeal: Appeal #773, at the request of William C. Gross, seeking -a variance of Section 422 of the Town of Wappinger Zoning Ordinance, to allow a 35 foot setback when 75 feet is required, on property located on Route 9, being Parcel #6156-02-737954, in the Town of Wappinger. Mr. William C. Gross was present. Mr. Gross stated that the problem is that they ran out of room for the septics. They can't place it in the front because there is -n existing well. They won't be able to keep the distance between. Mr. Landolfi asked if that was the rule for the Board of Health. Mrs. Farnsworth replied yes it was. Specifics do come from the Board of Health. Mr. Cortellino asked how far the well was to his property. Mr. Gross replied that it was 40 or 50 feet. Mr. Landolfi asked if there was anyone to speak either for or against. Peter schanella - same problem with the gulley. Mr. Landolfi then closed the appeal. Mrs. Waddle asked if ther was anything from the County. Mrs. Waddle made a motion to table this appeal until they hear from the County. The motion was seconded by Mr. Urciouli. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Urciouli - aye The motion was carried. -F- Mr. Cortellino - aye Mr. Caballero - aye ZONING BOARD MINUTES -8- August 14th, 1984 Mr. Landolfi called for a ten minute break at 8:00 P.M. Mr. Landolfi called the meeting to order at 8:10 P.M. He read the next appeal: Appeal #768, at the request of Carl & Marjorie Sitler, seeking a variance of Article IV, Section 421 of the Town of Wappinger Zoning Ordinance, to allow an 18 foot sideyard setback when 20 feet is required on property located on 33 Alpert Drive, being Parcel#6257- 02-783687, in the Town of Wappinger. Mr. & Mrs. Sitler were present. Mr. Cortellino asked why they needed the full 16 feet instead of 14. Mr. Sitler replied that was the size (best) they came up with. Mr. Landolfi asked Mr. Sitler to explain about his backyard. Mr. Sitler stated he had powerlines going through it. In that case the variance and the right of way is for the powerlines.to 1.4 feet of where the house sets itself. The area in there is unuseable. Mr. Landolfi asked if there was anyone to speak either for or against. Mr. Landolfi then closed the appeal. Mrs. Waddle made a motion to grant the variance. The motion was seconded by Mr. Caballero. 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 #769, at the request of Rems Associates, seeking a variance of Article IV, Section 473.2, of the Town of Wappinger Zoning Ordinance, to allow 9 x 18 parking spaces when 10 x 20 are required, on property located on Route 9, being parcel #6757-02-608885, in the Town of Wappinger. Mr. Alex Diachishin - Engineer, Brad Perkins - Architect, Morton Marks - Rems Associates. Mrs. Waddle asked about the handicapped spaces. Mr. Diachishin stated that there is a fairly substaintial isle to break up the parking area. There is not a big change. It adds alot Zoning Board Minutes -9- August 14th, 1984 to the appearance of the lot. It enhances the building. Mr. Marks stated that the property has a great deal of exposure. The Planning Board felt that having that green area would add to the aesthetics. Since they are on the corner, you are required to have setbacks on both sides. Mr. Landolfi asked if there was anyone to speak either for or against. Mr. Caballero stated that he would like to hear what the County said. Mr. Landolfi read the letter from the County. Mr. Landolfi then closed the appeal. Mr. Urciouli made a motion to grant the variance. The motion wps se c onded by Mrs. Waddle. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Urciouli - aye The motion was carried. Mr. Cortellino - nay Mr. Caballero - aye Mr. Landolfi read the next appeal: Appeal # 770, at the request of Dom D'Agostino's, seeking a variance of Article IV, Section 422, of the Town of Wappinger Zoning Ordinance, to allow a lesser setback from Smithtown Road than the recuired 75 feet, on property located on Route 9, being Parcel #6156-02-666989, in -the Townof Wappinger. Mr. Dom D'Agostino was present. Mr. D'Agostino stated they would like to build toward Rte.9 and would like to have the option to rent this space. They needsome relief financially. They aren't doing as well as they thought. Mr. Caballero asked if they wanted to make it longer toward Rte 9. Mrs. Waddle asked what type of retail operation. Mr. D'Agostino replied maybe garden furniture,Ben Franklintype store. Mr. Cortellino asked Mrs. Farnsworth if that would be 2 businesses. on one lot. 7'Mrs. Farnsworth replied that it was another retail use. There are two fronts. Zoning Board Minutes -10- August 14th, 1984 Mr. Landolfi asked if there was anyone to speak for or against. There was a discussion among the board. Mrs. Waddle stated that his problem was with the side of the building. Mr. Landolfi read the letter from the County. Mr. Landolfi closed the Appeal. Mrs. Waddle made a motion to table this appeal ?nd resubmit it to the County for all the information. The motion w,.s seconded 'by Mr. Cortellino. Vote: Mr. Landolfi - aye Mrs. Waddle - iye Mr. Urciouli- aye The motion was carried. Mr. Cortellino - aye Mr. Caballero - aye Mr. Landolfi read the next appeal: Appe?1 #771., Pt the request of Dom D'Agostino's, seeking a variance of Article IV, Section 415.51 of the Town of Wappinger Zoning Ordinance , to allow up to an additional two signs on a new building when one is allowed, on property located on Route 9, being Parcel #6'56-01_=666989, in the Town of Wappinger. Mr. D'Agostino was present. Mr. Landolfi read the recommendation from the County. There was a discussion among the 'board. Mr. Landolfi asked if there was anyone to speak either for or against. Mr. Landolfi closed the appeal. Mrs. Waddle made a motion to deny the variance. The motion was seconded by Mr. Cortellino. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Urciouli - aye L, The motion was carried. Mr. Cortellino - aye Mr. Caballero - aye Zoning Board Minutes -11- August 14th, 1984 Mr. Landolfi read the next 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 front yard setback where 75 feet is required, on property located on All Angels Hill Road, no parcel number on record, in the Town of Wappinger. Mr. John Vorndran and Joel Hanig - Attorney. Mr. Hanig stated that the County took road takings and that is why he needs a variance. They took over 50 feet. Mr. Landolfi read the letter from the County. Mr. Landolfi asked if there was anyone to speak either for or against. Mr. Hanig stated they cut off arsliceof his property from the rest of the land. There was a discussion over the map. Mr. Landolfi asked if there were any other questions of the -board. Mr. Urciouli made a motion to grant the variance. The motion was seconded by Mr. Caballero. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Urciouli - aye The motion was carried. Mr. Cortellino - aye Mr. Caballero - aye The meeting was adjourned at 8:55 P.M. Respectfully submitted, Uk-6k Com, Linda Berberich, Secretary Zoning Board of Appeals a