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1984-09-11a �1_ ZONING BOARD OF APPEALS SEPTEMBER 11TH, 1984 - 7:00 P.M. AGENDA TOWN HALL MILL STREET WAPP. FALLS, NY PUBLIC HEARINGS: 1. Appeal #7%4, at the request of Herbert Redl, seeking a variance of Article IV, Section 422, of the Town of Wappinger Zoning Ordinance, to allow 36% building coverage where 25% is allowed, on property located on Route 9, across from Lawrence Farms, being Parcel #6156- 02-774941, in the Town of Wappinger. 2. Appeal #775, at the request of Herbert Redl, seeking a variance of Article IV, Section 422, of the Town of Wappinger Zoning Ordinance, to allow a 3 foot sideyard where 10 feet is required, on property located on Route 9, across from Lawrence Farms, being Parcel #6156- 02-774941, in the Town of Wappinger. 3. Appeal #776, at the request of Antonino Licari, seeking a variance of Article IV, Section 404.32 of the Town of Wappinger Zoning Ordinance, to alter a non -conforming building, on property located on Middlebush Road, being Parcel #6157-01-414840, in the Town of Wappinger. 4. Appeal #777, at the request of Angelo Petrillo, seeking a variance of Article IV, Section 422, of the ToNp of Wappinger Zoning Ordinance, to allow an 18 foot sideyard setback Aere 20 feet is required, on property located on Marlorville Road, being Parcel #6157-01-059700, in the Town of Wappinger. 5. Appeal #778, at the request of William & Miao-Chen Chin, seeking a variance of Article IV, Section 404.3, of the Town of Wappinger Zoning Ordinance, to enlarge a non -conforming use, on property located on 6 Kent Road, being Parcel #6258-03-213123, in the Town of Wappinger. 6. Appeal #779, at the request of George Urciouli, seeking a variance of Article IV, Section 473.2, of the Town of Wappinger Zoning Ordinance, to allow 9 x 20 parking spaces when 1.0 x 20 is required, on property located on Route 9D, being Parcel #6157-01-070628, in the Town of Wappinger. UNFINISHED BUSINESS: 1. 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, being Parcel #6358-01-1_02523, in the Town of Wappinger. 2. 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. I ZONING BOARD OF APPEALS -2- SEPTEMBER 11TH, 1984 3. Appeal #772, at the request of William C. Gross, seeking a variance of Article IV, Section 473.2 of the Town of Wappinger Zoning Ordinance, to allow 9:,.x 18arkin spaces when 10 x 20 are P g P required, on property located on Route 9, being Parcel #6156-02-737984, in the Town of Wappinger. 4. Appeal #773, at the request of William C. Gross, seeking a variance of Article IV, Section 422 of the Town of Wappinger Zoning Ordinance, to allow a 35 foot setback where 75 feet is required, on property located on Route 9, being Parcel #6156-02-737984, in the Town of Wappinger. ZONING BOARD OF APPEALS TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12590 TEL. 297-6257 MEMO TO: Zoning Board Members FROM: Linda Berberich DATE: September 3rd, 1984 SUBJECT: Addition to the Agenda Please add the following: 1. Dr. DeTullio - Discussion on a Chiropractic office in an existing residence. 2. Mr. Klein - RE: Fieldstone Farms - Interpretation of yard, rear, as defined in the Zoning Ordinance. 9 ZONING BOARD OF APPEALS TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TEL. 297-6257 Memo To: Zoning Board Members From: Linda Berberich Date: September 10th, 1984 Subject: Additions to the Agenda Please add the following: 1. Barbatos - interpretation on Retail uses. 2, Lee Myles - Discussion on Special Use Permit request, 3. Discussion on Land Use Department. 11 Zoning Board of Appeals Minutes September 11, 1984 Town Hall Mill Street Wappingers Falls, NY 12590 The regular meeting of the Zoning Board of Appeals was held on Tuesday, September 11, 1984, at the meeting room of the Town Hall, Mill Street, Wappingers Falls, New York. The meeting was called to order at 7:00 P.M. and attendance was taken: Member Present: Joseph Landolfi, Chairman George Urciuoli Charles Cortellino Members Absent: Angel Caballero Carol Waddle Mr.Landolfi asked if abutting property owners had.been notified. Ms. Berberich replied that they had accroding to the records available in the assessor's office. Mr. Landolfi announced the first appeal as being: Appeal #774, at the request of Herbert Redl, seeking a variance of Article Iv, Section 422, of the Town of Wappinger Zoning Ordinance, to allow 36% coverage where 25% is allowed, on property located on Route 9, across from Lawrence Farms, being parcel # 6156-02-774941, in the Town of Wappinger. Representative: Herbert Redl Mr. Redl showed the board pictures of a similar site in Hyde Park. He stated that his daughter had completed a survey of tenants to indicate traffic in a mini - warehouse situation. He stated that the results of the survey showed that this kind of business calls for very little activity as far as traffic goes. Mr. Cortellino stated that he understands what the survey shows but he doesn't understand what it has to do with the variance request for 36% coverage where 25% coverage is allowed. Mr. Landolfi asked Mr. Redl to convince the board why this variance was necessary. It was clarified by Mr. Redl that he already had a variance for 33% coverage but because of extra parking spaces needed will take 36% coverage. He assured the board that no drainage problems would be caused by the additional coverage. Mr. Landolfi asked if there was anyone in the audience to speak for or against this variance. There was no one. The appeal was closed. Discussion followed. Mr. Cortellino stated he didn't think Mr. Redl met the requirements for a variance. Mr. Urciuoli asked if the board had received any comments from Dutchess County Department of Planning. Mr. Landolfi said the county had felt it was a local decision. n 11 Zoning Board of Appeals September 11, 1984 Mr. Urciuoli made a motion to grant the variance. Mr. Landolfi seconded the motion. Vote: Motion was granted. Mr. Landolfi - aye Mr. Urciuoli - aye Mr. Cortellino - nay Mr. Landolfi announced the next appeals as being: Page 2 Appeal # 775 - at the request of Herbert Redl, seeking a variance of Article IV, Section 422, of the Town of Wappinger Zoning Ordinance, to allow a 3 foot sideyard where 10 feet is required, on property located on Route 9, across from Lawrence Farms, being Parcel # 5156-02-774941, in the Town of Wappinger. Representative: Herbert Redl Mr. Redl told the board that the nearest building is over 100 feet away. .Pamela Farnsworth discussed setbacks with the board. Mr. Landolfi asked if there was anyone in the audience who wanted to speak for or against this variance. There was no one. The appeal was closed. Mr. Cortellino moved to deny the variance. There was no second. He stated that he felt that there was no reason given to grant this variance. He stated it is the Zoning Board's function to uphold the Zoning Ordinance and not to override the law. He said he did not feel that Mr. Redl had proven practical difficulty and he didn't feel the county should be the one to decide. He stated that everyone said the business was useful, he certainly would not set up a business that wasn't useful. Mr. Urciuoli made a motion to grant the variance. He felt that if one was granted, this second should be granted. Mr. Landolfi seconded the motion. Vote: Motion was granted. Mr. Landolfi - aye Mr. Urciuoli - aye Mr. Cortellino - nay Mr. Cortellino questioned Ms. Berberich as to whether his comments would be included in the minutes of the meeting and she assured him that they would be. Mr. Landolfi announced the next appeal as being: Appeal # 776 - at the request of Antonino Licari, seeking a variance of Article IV, Section 404.32 of the Town of Wappinger Zoning Ordinance, to alter a non -conforming building, on property located on Middlebush Road, being Parcel # 6157-01-414840, in the Town of Wappinger. Zoning Board of Appeals September 11, 1984 Page 3 Representative: Ken Charles, East Fishkill Builders Mr. Licari Mr. Charles explained to the board that the portion of the building is presently used as the laundry room and the pipes frequently freeze in the winter. The cost to partially fix this problem is not much less than doing the whole thing over. Instead of a 10 x 10 room it will be a 14 x 18 room that will square off that portion of the building. Mr. Landolfi asked if there was anyone who would like to speak for or against this variance. There was no one. The appeal was closed. Mr. Landolfi explained that the reason Mr. Licari was before the board was because he had a non -conforming building and any changes that are made need the board's approval. Mr. Cortellino moved to grant the variance. Mr. Urciuoli seconded the motion. Vote: All ayes. Motion was granted. Mr. Landolfi announced the next appeal as being: Appeal #777 - at the request of Angleo Petrillo, seeking a variance of Article IV, Section 422 of the Town of Wappinger Zoning Ordinance to allow an 18 foot sideyard setback where 20 feet is required,on property located on Marlorville Road, being Parcel # 6157-01-059700, in the Town of Wappinger. Representative: Angelo & Franc Petrillo Mr. Petrillo explained to the board that he is building an extension on his home for his mother-in-law to live in. She is not able to get around easily by herself and is too old to live alone. He explained there would be 3 room living area. Mr. Cortellino explained that if his mother-in-law no longer lived there that he would not be able to rent it. Mr. Petrillo said he understood that. Mr. Urciuoli asked if Mr Petrillo had the same setback as he did. Mrs. Farnsworth stated that he may indeed be requesting a mother/daughter set-up. Mr. Landolfi explained the differences to Mr. Petrillo. Mr. Petrillo stated that there would be no kitchen in the addition. His mother- in-law would have access to their kitchen. Zoning Board of Appeals September 11, 1984 Page 4 Mr. Landolfi asked if there was anyone who would like to speak for or against this variance. There was: Mr. Marc Delaney who stated he was concerned that a precident might be set and other neighbors may want to add extensions also. He felt that the area should remain the way it was. Edith Newman also stated that if they (the Petrillos) are allowed, the rest can do it also. Beverly Newman, objected also to this addition. Ann Delaney stated that they bought the house with the existing 20 foot right- of-way and thought it would remain that way, also concerned with fire and emergency vehicles having access to back of property. The appeal was closed. Mr. Petrillo stated that he would be putting a driveway in front of his house so that the right of way would not be blocked to emergency vehicles. Mr. Landolfi informed Mr. Petrillo that he could build the extension without a variance if he made it 2 feet narrower. The other alternative was to let the Zoning Board refer the matter to the Highway Superintendent and the Fire District and see what they come back with. If they had negative answers, he still could go ahead with the narrower addition. Mr. Cortellino moved to table waiting for response from Fire District and Highway Superintendant. Mr. Urciuoli seconded the motion. Vote: All ayes. Motion to table was granted. Mr. Landolfi announced the next appeal as being: Appeal # 778 -at the request of William and Miao-Chen Chin, seeking a variance of Article IV, Section 404.3 of the Town of Wappinger Zoning Ordinance, to enlarge a non -conforming use on property located on 6 Kent Road being parcel #6258-03-213123, in the Town of Wappinger. Representative: Mr. Rahemba, lawyer Mr. Chin Mr. Rahemba explained that Mr. Chin recently purchased this property and it had always been taxed as a 5 family house. Upon purchase, they found only 3 C.O.'s had indeed been issued to the previous owner. They have since obtained the 4th and now wish to obtain .the 5th. Mr. Chin is in need of the 5th income to cover his expenses as because of reassessment, his taxes went up $800.00. Mr. Urciuoli felt that the board did not have enough information to make a decision. Mr. Landolfi asked if there was anyone who wished to speak for or against this variance. Zoning Board of Appeals September 11, 1984 Page 5 Mr. Urciuoli also stated he may thought an on site inspection g p y be a good idea. He then moved to table this matter until an inspection of the premises was completed. Mr. Landolfi seconded the motion. Vote: All ayes. Recess was called for 10 minutes at 8:05 P.M. Mr. Landolfi announced the next appeal as being: Appeal # 779 - This was tabled until next meeting. 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 where 75 feet is required, on property located on Myers Corners Road, being parcel # 6358-01-102523, in the Town of Wappinger. Representative: Bill Malloy, Pres. Mr. Landolfi explained that the Zoning Board would be meeting with the Town Board on 9/20/84 and one of the subjects to be spoken about is frontyard as opposed to frontage. Mr. Cortellino moved the matter be tabled until next meeting. Mr. Landolfi seconded the motion. Vote: All ayes Appeal was tabled until after workshop with Zoning and Town Boards. Next appeal: Appeal # 770 - at the request of Dom D'Agostino 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 fee, on property located on Route 9 being parcel #6156-02-666989, in the Town of Wappinger. Representative: Mr. D'Agostino Mr. D'Agostino explained that they had site plan approval to build, need variance because of shape of property. He also stated that they have a tentative tenant who sells pools. They designed their 7 acres without subdividing so that they would not have to make 3 driveways onto route 9. Legally they could have had 3-2acres parcels but they chose to make less driveways onto Route 9. Mr. Urciuoli stated that they were at this meeting for the lesser setback and will not discuss retail uses and multiple uses at this time. Zoning Board of Appeals September ll, 1984 Page 6 Mr. Cortellino stated that at the September 20, workshop with the Town Board, the Zoning Board will discuss retail and multiple uses. Ms. Farnsworth stated that they had site plan approval with building #2 with the appropriate setback, however, the planning board has changed the location of the second building. Mr. Landolfi closed this appeal. Mr. Urciuoli moved to grant the variance for a lesser setback. Mr. Cortellino seconded the motion. Vote: All ayes. Mr. Cortellino asked that Mr. D'Agostino be sent a letter stating that this variance is just for the lesser setback approval and not for rental of his property. Mr. Landolfi announced the next appeal as being: Appeal #772 - at the request of William C. Gross, 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 #6156-02-737984 in the Town of Wappinger. Mr. Landolfi stated that the planning board has recommended this change and this was one of the subjects to be talked about at the workshop on 9/20/84 with the Town Board. Mr. Cortellino moved to table this appeal. Mr. Urciuoli seconded the motion. Vote: All ayes. Motion is tabled until after the workshop. Mr. Landolfi announced the next appeal as being: Appeal # 773 -at the request of William C. Gross, seeking a variance of Article IV, Section 422 of the Town of Wappinger Zoning Ordinance, to allow a 35 foot setback where 75 feet is required, on property located on Route 9, being Parcel # 6156- 02-737984, in the Town of Wappinger. Mr. Gross explained that this was a non -conforming lot and the building had to be moved forward to put the septic in the back. Mr. Landolfi asked if there was anyone who would like to speak for or against this appeal. There was no one. L9 Zoning Board of Appeals September 11, 1984 Page 7 Mr. Cortellino made a motion to grant the variance. Mr. Urciuoli seconded the motion Vote: All ayes. Motion was granted. Additions to the Agenda included: Dr. Ditullio asking how he would go about applying for a special use permit to have an office in his home. He is a Chiropractor. Mr. Cortellino stated that a site plan would be needed. He also stated that an office use may come under incidental use. Dr. Ditullio stated that it would be a satellite office, his main office is in Hopewell. Ms. Farnsworth stated that there could be one use per lot, this was a residential lot, a special use permit for office use is allowed but 2 equal uses are not allowed. She also stated it the Zoning Board's decision as to incidental use. Mr. Cortellino said that the decision as to incidental use would be dependent on the answers to questions such as how many employees? how many square feet? what the hours will be? Dr. Ditullio stated the office will be used about 3 days per week and the size will be about 20 x 21 and he would be the only employee. Mr. Cortellino asked that incidental be added to the workshop list to be discussed. He also stated that Dr. Heaney lived and practiced in his house. Mr. Landolfi suggested that the Dr. get the paperwork done and return next month. The next item was the subject of retail uses and Jack Railing asked that he be allowed to attend the workshop meeting to ask some questions of the board. It was suggested that he call the Supervisor and he said he would. The next item was discussion of special use permit for Lee Myles. Bob Arnouts, Architect stated that Lee Myles purchased the property 4 years ago from Aamco who had approvals already. However, those approvals have expired. He felt that Lee Myles had submitted virtually the same plan that Aamco-had with some improvements to drainage and parking. They had gone to the planning board with the plan and spent additional time and money and then were turned down by planning board. Ms. Farnsworth pointed out that the planning board had denied the site plan. The wording was confusing and somehow the subject never got back to the Zoning Board. Mr. Cortellino stated that the special use permit should be gotten first and then they should go to the Planning board with the site plan. M Zoning Board of Appeals September 11, 1984 Page 8 Mr. Arnouts requested that the Zoning Board schedule a public hearing for Lee Myles. Mr. Cortellino added he felt the planning board's request to turn the building around was not necessary. Mr. Arnouts stated that this business was to be purely functional, not for a magazine cover. Lee Myles had taken the planning boards suggestions as just that, advice, not a mandate. He felt the planning board thought that when the advice was not taken it was a hostile action and voted to deny the site plan. Ms. Farnsworth stated that the attorney had questioned why it had not gotten back on the Zoning Board Agenda. The next item was in reference to Land Use Department. Ms. Farnsworth hoped that the members of the board had read her report so they would be ready to defend and make changes. She stated that the report would come before the town board on 9/13/84 at the workshop and it includes a planner, deputy zoning administrator and requires much more money than has ever been spent in that department for personnel. Mr. Urciuoli moved to adjourn the meeting. Mr. Cortellino seconded the motion. Vote: All ayes. The meeting was adjourned at 9:15 P.M.