1984-10-09ZONING BOARD OF APPEALS TOWN HALL
OCTOBER 9TH, 1984 - 8:00 P.M. MILL STREET
AGENDA WAPP. FALLS, NY
PUBLIC HEARINGS:
1. Appeal #750, at the request of Lee Myles Auto Transmissions,
seeking a Special Use Permit of Article IV, Sections 432 & 444, of
the Town of Wappinger Zoning Ordinance to permit them to construct
a garage, located on the East side of Route 9, approximately 1.,000
feet South of Old Hopewell Road, being Parcel #61,57-04-630435, in
the Town of.Wappinger.
2. Appeal #782, at the request of Virginia B. Shaw, seeking a
variance of Section 404.3 of the Town of Wappinger Zoning Ordinance
to expand a non -conforming use (mobile home), on property located on
Roberts Road, being Parcel #6257-01-035915, in the Town of Wappinger.
UNFINISHED BUSINESS:
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 permit him to construct
a Medical Office building, located on All Angels Hill Road, no Parcel
# on record, in the Town of Wappinger.
2. Appeal #763, at the request of Peter & Lucille Barbatos,
seeking a interpretation of Section 442, fiubscript f, "uses" of the
Town of Wappinger Zoning Ordinance.
3. Appeal #765, at the request of Granite Homes, 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 #
6358-014102523, of the Town of Wappinger Zoning Ordinance.
4. 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 9x18 parking spaces when 10x20 are required on
property located on Route 9, being Parcel #6156-02-737984, in the
Town of Wappinger.
5. Appeal #777, at the request of Angelo Petrillo, seeking a
variance of Article IV, Section 422,of`the Town of Wappinger Zonirg
Ordinance to allow an 18 foot sideyard setback where 20 feet is
required on property located ih Marlorville Road, being Parcel #
6157-01-059700, in the Town of Wappinger.
6. Appeal 0778, 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.
7. Appeal #779, at the request of George Urciouli, seeking a
variance of Artitke IV, Section 473.2 of the Town of Wappinger Zoning
Ordinance to allow 9x20 parking spaces when 10x20 are required on
property located on Route 9D, being Parcel #6257-01-070628, in the
°L Town of Wappinger.
NEW BUSINESS:
1. Appeal #781, at the request of Dr. Joseph DeTullio, seeking
an interpretation of Section 220, definitions, of the Town of Wappin-
ger Zoning Ordinance.
ZONING BOARD OF APPEALS MINUTES OCTOBER 9TH, 1984
Mr. Landolfi called the meeting to order at 7:05. He then asked for
a roll call.
Members Present:
Mr. Landolfi Mr. Cortellino
Mr. Caballero Mrs. Waddle
Mr. Urciouli
Others Present:
Ms. Linda Berberich, Secretary
Mrs. Pamela M. Farnsworth, Zoning Administrator
Mr. Landolfi asked if the abutting property owners were notified.
Ms. Berberich replied that 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:
Appeal #750, at the request of Lee Myles Auto Transmissions, seeking
a Special Use Permit of Article IV, Section 432 & 444 of the Town
of Wappinger Zoning Ordinance to permit them to construct a garage,
located on the east side of Route 9, app. 1,000 feet sotth of Old
Hopewell Road, being Parcel #6157-04-630435, in the Town of Wappinger.
Mr. Robert Tompkins,- owner, Robert Arnouts - Architect, Joel Hanig -
Attorney.
Mr. Hanig stated that this is an application for a Special Use Permit
which is required by the Zoning Ordinance. The use which is proposed
is a permitted use in that zone, with a Special Use Permit, From our
reading of the ordinance we have proposed a structure and a. use for
the area which is permitted under the ordinance with a SUP:;; We
satisfy the acerage reauirements,all the other requirements of this
particular use. We have previously submitted a complete application
for this board's consideration, including a site plan, comments by
the architect responding to the Town Engineer's concerns and we have
a letter from Dutchess County back to this board and we feel that the
matter is ready for action by this board. We have been before this
board once before, and you refered it and it has come back, and that
is where we are.
Mr. Arnouts -opresented the board with the site plan.
Mt. Landolfi asked Mrs. Farnsworbh if there was anything pending for
say.
Mrs. Farnsworth suggested he check with the Planning Board Secretary.
Zoning Board Minutes -2- October 9th, 1984
Mr. Landolfi asked Ms. Berberich if there was anything pending relative
to this site.
Mrs. Farnsworth stated that the Planning Board made a negative recom-
endation.
Mr. Hanig stated that the Planning Board did not like the way the
building was facing. We felt that we had no other choice except to
leave it where it was and that is why we could not accomodate the
Planning Board.
Mr. Hanig stated that he would call to this board's attention that
this particlular site has previously received a SUP for the same
proposed use. That was for a pviorowner of the property and that
has expired. We didn't do anything different except add TO feet to
the building.
Mr. LandoIfi asked if the Board had any further Questions. He then
asked if there was anyone to speak either for or against this appeal.
Joyde D'Andrea - Beechwood Circle, which is in the back of this piece
of property. Not sure I am for or against it, other thah she
doesn't know that much about it. Her concern was how far the building
was going to be set in and how large. Is the wooded area in the
back was going to be taken down.
Mr. Tompkins stated they have no intentions of doing anything back
there.
Mrs. Waddle stated that if we do grant this there will h1ave to be
some type of screening to protect the residential area.
Ms. D'Andrea asked where the doors could be facing. Will they face
the front?
Mr. Tompkins answered that they would.
Ms. D'Andrea asked about the sewer coming out.
Mrs. Waddle asked if there was going to be that much.
Mr. Tompkins stated there will be very little, and it has -to be
approved by the Board of Health.
Mr. Landolfi asked if there was anyone to speak either for or against.
There was no one.
Mr. Landolfi stated that they will now close this appeal.
Zoning Board Minutes -3- October 9th, 1984
Mrs. Waddle made a motion to grant the Special Use Permit and we ensure
that they put screening across the back to sheild the residential
neighborhood. The motion was seconded by Mr. Cortellino.
Vote:
Mr. Landolfi - aye
Mr. Caballero - absent
Mr. Urciouli - aye
The motion was carried.
Mr. Cortellino - aye
Mrs. Waddle - aye
Mr. Landol.fi read the next appeal.:
Appeal #782, at the reauest of Virginia Shaw, seeking a variance of
Section 404.3 of the Town of Wappinger Zoning Ordinance to expand a
non -conforming use (mobile home), on property located on Roberts Rd,
being Parcel #6257-01-035915, in the Town of Wappinger.
Mr. Leo Ritter - Attorney, Mrs. Shaw - applicant, Robert Short -
attorney.
Mrs. Waddle asked that they adjourn until 8:00 because they can't
hear. There was voter registration in the room.
The meeting was called back to order at 8:07 P.M..
Mr. Landolfi announced that they will hear Appeal #782, Virginia Shaw.
Mr. Ritter stated that this is an application for aniexpansion of a
non -conforming use. -we-did-apply most recently, however, I don't
beli6ve that the board at that time could allow the expansion because
at that time it was over 50%, and the ordinance provides that it
must be under 50/, and thats the way we have calculated presently
by way of expansion. This is a mobile home that has been on a
foundation for, since 1962. There is a layout that I have supplied
to the board, and underneath this particular layout there is a
garage for a vehicle. Basically it is a property that is heavily
wooded with not only trees and many evergreens which substaintially
protect the area where the mobile home is located. The expansion
was -started without the full knowledge that we needed to have this
application.
Mr. Landolfi added without a building permit. There are several
documents in questions, and that is one.
Mr. Ritter stated that they apologize for anything that has transpired
in the past and certainly want to remedy that kind of problem. This
particular property is somewhat unique, it is sloping up from Roberts
Road, particilarly in the rear where the addition is planned. It
really cannot be seen from any of the adjoining property owners and
I have some pictures for the board to review. -T-,do have a signed
Zoning Board Minutes
-4- October 9th, 1984
statement from two of the neighbors, Jessie Hintonand Joseph Carara
that they do not have any objection to the expansion.
Mr. Landolfi asked where these people are located.
Mrs. Shaw stated that they live on each side.
Mr. Ritter stated that he also has a copy of a statement from Dr. Cochran
relating to Mrs. Shaw's physical condition in which there is a
rusitation that shm is suffering from a discongenic and arthritic
......spine and that it would potentially worsening in the future and
it would be most helpful if she could have this expansion because
of this hardship situation in which it would allow her to put some
of her storage out into this expanded area and therefore have more
living space within the mobile home itself.
Mrs. Waddle asked if this doctor is a specialist.
Mrs. Shaw stated that he is her medical doctor.
Mrs. Waddle asked if hb was a GP.
Mr. Ritter answered yes.
Mr. Landolfi asked how many people are living in this trailer.
Mrs. Shaw stated that only herself, and my grandson is with me while
he is going to college.
Mr. Landolfi stated that it is a fairly large trailer to live in
for one personw
Mrs. Waddle asked Mrs. Shaw if she was employed.
Mrs. Shaw answered yes.
Mrs. Waddle asked if she went to work everyday.
Mrs. Shaw stated that she does.
Mr. Landolfi read a letter from neighbors Virginia & Howard Keeler,
would like to go on record as opposing this Appeal. (letter in the
file)
Mr. Ritter stated that he would like to add an additional point. Those
of you who have observed it, recognize that this does have aluminum
siding on it presently. I believe that the siding that will go on
the addition will also blend in as an enhancement of the neighborhood.
Mr. Landolfi asked what in essence have they changed from the last
appeal.
M
Zoning Board Minutes
-5- October 9th, 1984
Mr. Ritter stated that this is less than 50%
Mrs. Shaw stated that it is 70 feet long, we are askin for 34 feet
11 inches.
Mr. Ritter stated that she needs the space --and they are trying to
conform with the ordinance to the extent she needs to use the house
that is the only place that she has and we are trying to allow the
board to grant this. I believe, although I don't know, I wasn't
hear for the last hearing, that the basis for the denial was
that you could not grant it because it was more than 50%.
Mr. Landolfi stated that that was one of the many criteria that we
used. There were several.
Mrs. Waddle stated that the property is being used for a home for
Mrs. Shaw at this time, I really can't see where there is any hard-
ship upon that property because it is being utilized by you as a
home, and I don't know what you are basing your facts on at this
point.
Mr. Ritter asked if she was referring to the hardship situation.
Mrs. Waddle stated that she is referring to the land hardship which
is what we really have to go on, and the land is b6ing utilized as
a home at this point. I don't know what the hardship is.
Mr. Ritter stated that there is a use hardship by virtue of her
inability to use the property in her physical condition.
Mrs. Waddle stated that she didn't know if that is true, because there
is probably some redesigning within this trailer that she could do
to utilize this space that is there. By her own admission she lives
alone there, her grandson is with her now which would take up one
bedroom, By your own admission you are working full time and you
go to work everyday now, so I don't see at this point where there
is any health hardship. Down the line there may be, I think we would
have to consider that at that time, but I don't see where there is
a hardship at this point,and please correct me if I am wrong.
Mr. Ritter stated that there is no ctuestion that we have to plan ahead,
and if the doctor says that you are going to have problems in the
future, in all fairness you can't wait until...
Mrs. Waddle stated that this is a GP, it is not even a specialist.
Mr. Cortellino stated that he weazeled his way through it,,' he did
not make any definite statements. He said it is extremely possible.
Mr. Landolfi stated that they are looking for some facts to help
them understand what the hardship is.
Zoning Board Minutes
-6- October 9th, 1984
Mrs. Waddle stated that it is not absolutely necessary for the conti-
nuation of the property being used, because the property has been
used, and how long have you lived there Mrs. Shaw?
Mrs. Shaw answered 15 years. I will be retiring in 2 to 3 years
and will be on a fixed income, I will not be able to borrow money
to put this addition on when I need it, now is when I can pay for
the loan bo put it up. When I am on a fixed income I won't be able
to do it.
Mr. Cortellino answered that if you expect to retire in 3 years, you
are going to take out a loan now, you circumvent that by. putting
the money you would have to repay the loan for the next three years
and.....
Mrs. Waddle stated that you have to do some financial planning for
your retirement -before this sort of thing. It is a non -conforming
use, if it was going to be less non -conforming I think we would
consider it alot more than being more non -conforming.
Mr. Landolfi stated that you are going the wrong way. It is a non-
conforming use right now, by you adding on is only, it is going to
be more non -conforming. We want to see non -conforming uses become
less non -conforming, or eliminated.
Mr. Ritter stated that the ordinance provides for the allowance for
an expansion.
Mr. Landolfi responded that is correct. Provided.
Mr. Cortellino answered that if a need is demonstrated.
Mrs. Shaw asked if I came back to you in two years, would you tell
me the same thing?
Mr. Cortellino stated the circumstances would change.
Mr. Landolfi asked if there was anyone to speak either for or against.
Flo Grassis - Spook Hill Road. This is a eyesore. About ready to
call the Health Department. It is a non -conforming use.
Mr. Landolfi asked if there was anyone else to speak.
There was no one.
Mr. Landolfi asked if there were any further questions from the
Board.
Mr. Ritter stated that he would like the board to take into cognizance
¢f the fact that we do have the adjoining neighbors who would not
object to it. It really would increase or enhance the value and
Zoning Board Minutes -7- October 9th, 1984
appearance overall.
Mr. Landolfi stated that we will now close the appeal.
Mrs. Waddle stated that I would recommend that this memo from the
Dutchess County Planning Department on use variance be given out to
the applicant.
Mr. Landolfi stated that they do, they get it.
Mr. Landolfi asked what the wishes of the board were.
Mrs. Waddle made a motion that the valiance be denied. The motion
was seconded by Mr. Cortellino.
Vote:
Mr. Landolfi - aye
Mr. Caballero - absent
Mr. Urciouli - nay
The motion was carried.
Mr. Cortellino --aye
Mrs. Waddle - aye
Ms. Berberich asked for the reasons why this appeal was denied.
Mr. Cortellino stated that no hardship was demonstrated at this
time.
Mrs. Waddle stated that there was no dollar and cents proof of the
applicants inability, not to have a reasonable return
existing residence.
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 permit him to construct a
medical office building, located on All Angbls Hill Road, no Parcel
# on record, in the Town of Wappinger.
Mr. John Vorndran, Jack Railing - Engineer.
Mr. Landolfi stated that this has been before the Planning Board. Mr.
Landolfi asked Ms. Berberich if there was anything outstanding from
the Planning Board.
Ms. Berberich stated that there isn't any.
Mrs. Waddle stated that she has a problem with -:-All Angels Hill Road.
All that is out there is a manufacturing facility, the rest of it
is residential, am I correct?
Mr. Landolfi answered correct.
Zoning Board Minutes
-8-1, October 9th, 1.984
Mrs. Waddle asked what are we going to do for this Town as we
continue to put these things in residential neighborhoods, I have
a concern on that.
Mr. Railing stated to answer that question, the Planning Board was
also concerned with the appearance with this particular building
and we have provided them with a sketch of what it is going to look
like. In general, it is going to be residential type structure,
resembling a ranch type structure. That.was a concern with them,
and aparently they have bden satisfied. The entrance is off the
Old All Angels Road.
Mrs. Waddle stated that she could see a doctors office in a house,
but to put a medical building in the middle of a residential area,
I really have a concern with that.
Mrs. Farnsworth stated that she is not sure this has to have a public
hearing for a Special Use Permit.
Mr. Landolfi stated that there is,
Mrs. Farnsworth stated that it has been sent to the Planning Board,
but usually after the Planning Board makes their recommendation that
you have a public hearing.
Mrs. Waddle asked if it was put in the paper as a public hearing.
Ms. Berberich replied that it has not.
Mrs. Farnsworth stated that before they take any action you should
follow the procedures of the Zoning Ordinance.
Mrs. Farnsworth stated that it didn't meet the requirements for a
public hearing. The Planning Board's decision was on September 24th,
the calander is a little tight.
Mrs. Waddle stated that it should be put on for next month, we really
can't do anything with it.
Mr. Cortellino stated that he moves that since there has been no
public notice, that we disregard this appeal at this time. The motion
was seconded by Mr. Urciouli.
Mr. Landolfi read the next appeal:
Appeal #763, at the request of Peter & Lucille Barbatos, seeking an
interpretation of Section 422, subscript f, "uses", of the Town of
Wappinger Zoning Ordinance.
Zoning Board Minutes -9- October 9th, 1.984
_ Mr. Jack Railing stated that he just has a very brief question.
Obviously, we have talked at Town Board meetings, and I think I
really need stated for the record the position of the Board, whether
it was to act on the request for the interpretation or what other
action.
Mr. Landolfi stated that at the workshop session, this was one of the
we challenged the uses, as you well know, you being present at the
meeting, and they are supposed to get back to us to help us clarify.
Mr. Railing asked could we just again, so that the Board might know
my clients feelings, obviously he is, has a site plan before the
Town Planning Board. It has been reviewed by the Town professionals
and we are making the final changes, now, and of course he is ready
to start construction shortly, and unfortunately the Town Board
may not be able to act as quickly as he would like, and he, within
the month, say, ready to apply for a building permit, which causes
him some problems, in that he doesn't know what to do with the
building, :.S hhve spoken with representative of the Town Board,
and because it is budget time, Ahd understandably so, the decision
I don't think will be coming within the next month, possibly the next
month or two or three.
Mr. Landolfi asked Ms. Berberich to get off a note to Mr. Incoronato,
is head of the Zoning Board committee, for some promt action on
Appeal #763, definition.
Mr. Railing asked so what you are saying to me is that the Board will
not take an action until they receive word from the Town Board relative
to their feelings on this parti.ctlar portion of the Ordinance.
Mr. Landolfi stated that is right.
Mr. Railing said okay.
Mr. Landolfi read the next appeal:
Appeal #765,aat the request of Granite Homes, seeking a variance of
Article IV, Section421 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.
Mr. Bill Malloy was present.
Mr. Landolfi stated that this is one that we went to a workshop
„r session with and this was, as:�a result of a change that took place
after the plot plan was filed before our Board.
Mrs. Waddle made a motion to grant the requested variance. The motion
was seconded by Mr. Cortellino.
Zoning Board Minutes
} Vote:
Mr. Landolfi - aye
Mr. Caballero - absent
Mr. Urciouli - aye
The motion was carried.
-10- October 9th, 1984
Mr. Cortellino - aye
Mrs. Waddle - aye
Mr. Landolfi read the next appeal:
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 9x18 parking spaces when 10x20 are required on property
located on Route 9, being Parcel #6156-02-737984, in the Town of
Wappinger.
Mr. William C. Gross was present.
Mr. Landolfi stated that this was another workshop session. It
was recommended by the Town Board for consideration, where possible
to try adhere to the Zoning Lawwhich, unless there is some exceptional
hardships.confronted, so on.
Mr. Gross stated that in this situation, I might just advise the Board
once again that this is a non -conforming lot, as a result of a
non -conforming lot,. -and --given the size of the building, and the
number of square feet involved, it does present a problem, if the
parking spaces are greater than what *as requested.
Mrs. Waddle stated that the problem is that it is a non -conforming
lot, we are going to make it more non -conforming by giving you the
9x18 parking spaces, at this point until the Town Board can look
at it and 'see if they are going to make changes in their Zoning
Ordinance.
Mr. Gross stated that the County Planning Board had discussed it,
and I guess it even advised the Board, that the Board should reconsider
it. With that I would again ask the Board to give me some considera-
tion here. I am appl*ing at this point in time, if -.the -Tom later
on decides to change that part of the ordinance as it is being
discussed know, I hhve got the engineering done at that point to
conform with something that may or maynot change at this point.`
Mr. Cortellino made alTmotion to deny the variance.
Mrs. Waddle made a motion to grant the variance since we are going
with standards on most of the parking lots around Town was granted
variances on this before.
Mr. Cortellino stated that he would like a remark on the record.
The guidelined which we go by for a variance was not demonstrated,
we had a workshop session which most people who attended were in
Zoning Board Minutes, -11- October 9th, 1984
agreement that to keep the parking lots at the size they are know,
since nothing has been demonstrated tonight for, to give a variance,
the variance should not be granted.
Mr. Urciouli stated that he will have to second the motion based on
the workshop that we had with the Town Board and the comments in the
past.
Mr. Cortellino made a motion to deny the requested variance. The
motion was seconded by Mr. Urciouli.
Vote:
Mr. Landolfi - aye
Mr. Caballero - absent
Mr. Urciouli - aye
The motion was carried.
Mr. Cortellino - aye
Mrs. Waddle - nay
Mr. Landolfi read the next appeal:
Appeal #777, at the request of Angelo 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 recuuired on
property located on Marlorville Road, being Parcel #6157-01-059700,
in the Town of Wappinger.
Mr. Petrillo was present.
Mr. Landolfi stated that we had this hearing before, what we asked
is the Town Highway to go down and look at this property, there
was a question about the right away. If I recall the last time
you were in you were going to look at possibly trying td cut two
feet so that you wouldn't need the variance.
Mr. Petrilloostated that with talking to the contractor; and trying
to get everything into the 18 foot space is quite tight, and I still
would wish to have the extra two feet so that the construction would
be of more of an agreeable mature, the question^was whether or not
emergency vehicles had enough space to get down there, is the issue
of the greivance.
Mrs. Waddle stated that the spoke to the assistant chi6f of the
Fire Department was in -.and he said that the fire engine could get
trough and approximately 12 feet of space, they would have to try
to back the fire engine out.
Mr. Petrillo stated that at the last meeting on tape I indicated
that I was going to, while the construction was there, remove a
partial of my land and make it so that you could turn around any
type of vehicle, because I have the same type of problem with oil
trucks at the present time. I am going to remove a section of the
front lawn and make a parking, turn in there.
Zoning Board Minutes -12- October 9th, 1984
Mr. Cortellino asked if they have to back out.
changed;: they have to back out know.
Nothing has been
Mr. Petrillo stated that he is going to remove a section so that
you could turn around, because for my own convenience plus the oil
trucks, and emergency vehicles, I am just going to have my front
lawn cut out and blacktopped, that will be perminant.
Mrs. Waddle asked if a bathroom going to be added back there, because
some sections in there are very low and when they have alot of water
in that, the drainage coming out into the street.....
Mr. Petrillo stated that in that particular area there isn't a
problem. Last year I just installed a new 1,000 gallon cement tank
plus two 500 dry wells which would probably handle numerous number
of people, I am just adding my mother in law into this. There is
only three in the house.
Mr. Landolfi asked the board if they had any further questions.
Mr. Urciouli made a motion to grant the requested variance. The
motion was seconded by Mr. Cortellino.
Vote:
Mr. Landolfi - aye
Mr. Caballero - absent
Mr. Urciouli - aye
The motion was carried.
Mr. Cortellino - aye
Mrs. Waddle - aye
Mr. Landolfi read the next appeal:
Appeal #778, at the request of William & Miao-Chen Chin, seeking a
variance of Articl& IV, Section 404.3 of the Town of Wappinger
Zoning Ordinance to enlarge a non -conforming use of property located
on 6 Kent Road, being Parcel #6258-03-213123, of the Town of
Wappinger.
Mr. Chin, Mr. Rahemba - lawyer were present.
Mr. Rahemba stated that at the last meeting we adjourned for having
on site inspection. We have pictures of the inside. He then presen-
ted the board with pictures of the inside.
Mr. Rahemba stated that the area right there is not totally residen-
tial. You have the Taylor structure, also behind that the chiroprac-
ter has hie-businessr_-.so-that it is not like we are asking to change
the character of that area, it is such nature that it does have multi
family dwellings existing there, and we are not going into a totally
residential area. The land has numerous buildings, it has one
building, we are not asking to add on, the apartment is already
there.
Zoning Board Minutes
-13- October 9th, 1984
Mrs. Waddle asked how many families are living there `-now.
Mr. Chin answered four. It is 1 acre.
Mr. Rahemba, stated that that is a unique corner. It is not that
you have a straight row of residential. It has been taxed for many
y*ars as five units and that was one of the basis that we are askein
that it has been taxed as five and we would like to bring everything
into conformity, and to be allowed to have a CO for the fifth apart-
ment, we are not asking for renovation, we are not going to expand.
Without that apartment ft is going to cause a hardship because of
what the mortgage we are carrying on it and the rents that the four
apartments yield versus the five apartments.
Mrs. Waddle asked if they ]brought any financial proof of that.
Mr. Rahemba stated that they didn't bring it tonight.
Mrs. Waddle asked that this be tabled until they bring in the
financial statement.
Mr. Rahemba stated that he would bring it in.
Mr. Landolfi addes that it has to be a notarized financial statement.
Mrs. Waddle made a motion to table this appeal until they come back
with a financial statement, The motion was seconded by Mr. Cortellino.
Vote:
Mr.
Landolfi -
aye
Mr. Cortellino - aye
Mr.
Caballero
- absent
Mrs. Waddle - aye
Mr.
Urciouli -
aye
The
motion was
carried.
Mr.
Landolfi read the next
appeal:
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 9x20 parking spaces when 10x20 are required.�on property
located on Route 9D, being Parcel #6257-01-070628, in the Town of
Wappinger.
Mr. Urciouli stated that he would like to withdraw his appeal.
Mr. Landolfi read the next item:
Appeal #781, at the request of Dr. Joseph DeTullio, seeking an
interpretation of Section 220, definitions, of the Town of
Wappinger Zoning Ordinance.
Zoning Board Minutes -14- October 9th, 1984
Dr. Joseph DeTullio was present.
Mr. DeTullio stated that what we are looking for is a interpretation
of the Law of putting a chiropractic office in a residence, it
seems to be some discrepency on what incidental use and willit
be considered a medical clinic if I do that,
Mrs. Waddle asked how many offices do you want to put in.
Mr. DeTullio answered it is just myself.
Mr. Landolfi stated that his plan was to purchase this home on All
Angels Road to be used as a residence and a satellite office.
Mr. DeTullio stated at this point it is up in the air on what I am
going to do. I just wanted to know if it is a.permitted use, and
can I think in those terms. Have my office where I live.
Mrs. Farnsworth stated that the SUP would be necessary if he
wanted to have a medical doctors office in a residential zone. The
question is whether or not he can live in the home where he has a
office.
Mr. DeTullio stated that he would like to have regular office hours,
but this wuestion I have is that what is the word incidental mean.
Mrs. Waddle asked if he was going to have his regular office in
Hopewell Junction with regular office hours.
Mr. DeTullio answered yes.
Mrs. Waddle asked if he was going to have office hours in his home
on Tuesday from 5 to 7, that would be an incidental use to the home.
Mr. DeTullio stated that they would be less than 18 hours a weekq,
with the incidental use, if I am living in the house 24 hours a day
seven days a week, thats its main purpose, so if 1 have an office
and I don't have, and I have maybe 18 hours a week is that considered
incidental.
Mrs. Waddle stated that if you had 10 hours a week it would be incid-
ental then because the main purpose would be to live in the house.
Mr. DeTullio stated that that is the point he would like to make.
It is the main purpose to live in the house, and I am,not going to
have a business more that I live there.
Mr. Landolfi asked if in his occupation you don't need all the
necessary equipment as a medical doctor.
Im
Boning Board Minutes
-15- October 9th, 1984
Mr. DeTullio stated that he requires no special plumbing, just an
office, a table„ Ido chemicals or lab.
Mrs. Farnsworth stated that the Special Use Permit asteric is
listed by a principle permitted use that includes medical office,
or clinic, or some sort of health care activity. Now that is a
princiible permitted use. In the other corner there is accessory
or incidental uses, you could have an office, when you said he might
need a SUP that would be the principle permitted use and his disc-
ission with you know is that he wants his principle use to be his
home. Is he haviAg two principle uses, that is the interpretation
question at this time,
Mr. Urciouli suggested that they look at it as two uses and go right
from there. Who is going to regulate how many hours. Look at it
as two uses and go from there this way he can do whatever he wants.
You can't control what he is going to do in his house once he is
there.
Mrs. Waddle stated that the board should consult the Town Attorney.
Mr. Landolfi asked Ms. Berberich to as Mr. Kessler to assist us
on the legal points on this interpretation.
Mrs. Waddle made a motion to table this appeal until they hear from
the Town Attorney. Mr. Urciouli seconded the motion.
Vote:
Mr. Landolfi - aye
Mr. Caballero - absent
Mr. Urciouli - aye
The motion was carried.
Mr. Cortellino - aye
Mrs. Waddle --aye
Mr. Coatellino asked that a letter go to the Assessor asking him to
check his books because we have had many cases that they say they
are paying for -two lots and now we are saying he can't build. Check
through what will be non -conforming.
The meeting was adjourned at 9:30 P.M.
Respectfully submitted,
Linda Berberich, Secretary
Zoning Board of Appeals