1979-05-08The regular meeting of the Zoning Board of Appeals of the Town
of Wappinger was called to order on Tuesday, May 8th, 1979 at 8:10 p.m.
at the Town Hall, Mill Street, Wappingers Falls, New York. ,
Members Present:
Joseph E. Landolfi, Chairman
Charles A. Cortellino
Donald Mc Millen
Members Absent:
Howard Prager
Carol A. Waddle
Others Present:
Robert G. Ruit, Bldg. Inspector/Zoning Admin.
Betty -Ann Russ, Secretary
The Chairman then asked the secretary if the appellants and
abutting property owners had been notified.
The secretary replied that the appellants and abutting property
owners according to records in the Assessor's office had been notified.
The Chairman then explained that it was the procedure of the Board
to hear all the cases, then take a short recess and reconvene at which
time theBoard may or may not render a decision on each appeal.
L& -1 PUBLIC HEARINGS:
Appeal # 431, at the request of John A. Ubbens, seeking a
variance of Section 422, paragraph 5 of the Town of Wappinger
Zoning Ordinance, to permit the construction of a garage within
sixteen feet of his sideyard lot line, on property located on
19 Pippin Lane, being parcel # 6258-04-551171, in the Town of
Wappinger.
The Chairman read the legal notice.
Mr. John A. Ubbens was present for the Appeal.
Mr. Cortellino noted that Mr. Ubbens had a one car garage and
wanted to convert it to a three car garage and then asked how long
Mr. Ubbens had been in the house, how many were in the family and
how many cars there were.
Mr. Ubbens replied that he was in the house two years in May,
there were three in the family and had two cars. He added that
he wanted the garage to be flush with the existing house and would
have a double size door next to the single garage door and as he
had no basement in the house he needed the additional space for storage
and kept his cars in good shape and wanted them indoors.
Zoning Board of Appeals -2- May 8th, 1979
Mr. Landolfi noted that it appeared that work had been started
on the garage.
Mr. Ubben explained that the builder had started work, had
taken some siding down and then indicated to the Board where the
garage would be added.
The Chairman then asked if there was anyone else present
who wished to be heard.
Mr. Tom Delahoyde, the contractor on the job, came forward and
noted that he had applied for the permit and wasn't aware of the angle
the property took and when he found out then applied for the variance
although he hadn't been sure the requirement was twenty feet and thought
perhaps it was fifteen feet and added that in the future he would be
more careful about checking a little closer before he starts any
work at all.
Mr. Delahoyde then explained to the Board about the proposed'
placement of the garage and that a variance would probably be necessary
if only one car was added due to the sharp angle and the pie shape of
the lot. He added that they wanted to keep the same roof line.
The Chairman then asked if there was anyone present who wished
to be heard for or against the appeal.
No one present wished to be heard.
The hearing was closed at 8:14 p.m.
Appeal # 432, at the request of Harry Shukat, seeking a variance
of Section 416.06 of the Town of Wappinger Zoning Ordinance, to permit
the construction of a 24' by 24' attached garage within twenty four
feet of the lot line, where a thirty-five foot setback is required,
on property located on the corner of Bungalow Lane and Lake Onaid Drive,
being parcel # 6257-01-453969, in the Town of Wappinger.
The Chairman read the legal notice.
Mr. Pierre Travis noted that he was the contractor on the job
and was representing Mrs Shukat who was in California on business.
Mr. Cortellino then asked if this was the only spot where
the garage could be located.
Mr. Travis replied that the other side is where the living area
is and you would have to go through there to get to the garage.
Mr. Landolfi then asked how many people were residing on the
property.
Mr. Travis replied that it was just Mr. Shukat and his wife
and they spend weekends here and that it was originally a bungalow
but had been added onto and felt that this was the best location for
the garage.
Zoning Board of Appeals -3- May 8th, 1979
The Chairman asked if there was anyone present who wished
to be heard for or against the Appeal.
No one present wished to be heard.
The hearing was closed at 8:17 p.m.
Appeal # 433, at the request of Stanley Zablocki, seeking a
Special Use Permit pursuant to Section 421, paragraph 15 of the Town
of Wappinger Zoning Ordinance, to construct and operate a medical clinic
to be located on Widmer Road, in the Town of Wappinger, approximately
1,700 feet from the intersection of New Hackensack Road and Widmer Road,
being parcel # 6158-02-735535 and consisting of 2.5 acres.
The Chairman read the legal notice.
Mr. Peter Guftafson of Lawrence Engineering was present in
behalf of the appellant.
Mr. Guftafson noted that he had heard that there was some
concern about the use and added that it would be doctors' offices,
in and out, examination and treatment and they would be medical doctors.
Mr. Cortellino asked if there would be any accessory offices.
Mr. Guftafson replied that it would be similar to Doctor's Park
in Poughkeepsie, there would be four doctors, two downstairs and two
upstairs.
Mr. Cortellino asked if the doctors didn't come in what would
happen to the building.
Mr. Guftafson replied that it would be empty.
Mr. Landolfi asked about advertisements.
Mr. Guftafson replied that there would be a small sign with
the doctors' names, possibly illuminated, would be subdued lighting.
Mr. Landolfi then asked about proposed hours of operation.
Mr. Guftafson answered they would probably be 8:00 a.m. to
five or six o'clock at night with one late night to eight or nine
p.m., tops would be a six day a week operation, although it is
usually a half day on Saturdays.
Mr. Landolfi noted that four doctors proposed to go in, would there
be nurses, etc.
Zoning Board of Appeals -4- May 8th, 1979
Mr. Guftafson replied that each doctor has an assistant,
there would be receptionists so they figured there would be
sixteen personell and they had estimated twelve trips a hour
being patients coming in and out.
Mr. Cortellino then noted that there might possibly be
radiation equipment which might interfer with television reception
but did not know how this would be monitored.
Mr. Guftafson replied that this was a possibility but he did not
know, although there could be an x-ray machine in one of the offices.
The Chairman then asked if there was anyone for or against the
application for a Special Use Permit who wished to be heard.
Mr. Denis Mc Mahon of Widmer Road came forward and indicated
that he was the adjacent property owner and had several concerns
which he wanted to discuss. The following letter was read by
the Chairman which stated Mr. Mc Mahon's concerns.
May 8 - 1979
To: Jos. E. Landolfi, Chairman
Zoning Board of Appeals
Wappingers Falls, NY
Dear Sir:
Pertaining to your legal notice pursuant to the request of
Stanley Zablocki seeking a special use permit to construct and operate
a medical clinic on Widmer Road, approximately 1700 feet from
New Hackensack Road, the following questions and comments come
immediately to mind.
1. Who specifically is the owner of the property and what is
Mr. Zablocki's relationship?
2. What kind of doctors will be practicing in this proposed
medical clinic eg. medical, vets, psychiatrists, surgeons.
3. What would be the type and size of the building anticipated on
the property?
4. How many doctors will be using the proposed facility?
5. How long would this property be committed to a medical clinic
ie, could they convert it to a gas station within a few years?
6. In the past, rumour had it that a private house use was refused
a permit to build because inadequate septic drainage and other problems.
This clinic is bound to be bigger than a private house.
7. What about traffic congestion in an already heavily traveled road?
Zoning Board of Appeals -5- May 8th, 1979
8. Will it impact the water wells of the neighbors and if so how?
Until satisfactory responses are received we are against this
proposal and hope you will do the same.
Sincerely,
S/Denis & Anne Mc Mahon
He also added that he was additonally concerned about interference
with television reception and how long the building would be occupied,
what is the guarantee?
Mr. Guftafson noted that there would be interference if there
is an x-ray machine, but it would not be a continual thing and would
last only for a moment or two.
Mr. Mc Mahon also noted that they did not want to see a dope
problem or abortion clinic and would like to avoid this.
Mrs. Tenna Jensen of Widmer Road noted that the letter said a
clinic which is the term in the zoning ordinance and felt there was
some confusion because of the term, however, it had now been indicated
that it would be strictly medical offices. She added that she was
concerned that this was being built on speculation.
Mr. Cortellino added that it was conceivable that some minor
operations could be performed and asked if this was a possibility.
Mr. Guftafson replied that there would be no in-house facilities
for patient care, therefore, any surgery would have to be very minor.
Mr. Guftafson then advised the audience that a one story structure
was planned which would look like a residence, they had provided a
parking area to accommodate 42 cars and the setback of the building
was one -hundred and five feet from the front yard lot line on Widmer
Road.
With regard to the septic and well situation, the Board noted
that the Health Department would have to look at this, perform tests,
etc. before giving any kind of approval and a building permit could
not be obtained without Health Department approval.
Mr. Guftafson replied that as far as the concerns about contamination
of neighboring wells and septics, the Health Department has specific
requirements on distances between wells and septics.
The Board then explained that uses of this type were permitted
in residential districts in the town and the applicant was not seeking
a rezoning and the Special Use Permit procedure would allow the Board
to examine what was proposed and would permit them to place whatever
restrictions were necessary and that site plan approval from the
Planning Board might also be involved.
Zoning Board of Appeals -6- May 8th, 1979
Mr. Ruit, Zoning Administrator, advised the Board that the Zoning
Ordinance does not take residential areas into the Planning Board,
under Section 421 it comes to the Zoning Board under paragraph 15 and
he would not send it to the Planning Board.
Mr. Cortellino then noted that the Board would consider
Mr. Mc Mahon's concerns.
Mr. Arthur Windrach of Widmer Road noted that he lived across
the street from the proposed clinic with his wife and children and
added that he was himself in the medical profession and was concerned
that this might be a psychiatric clinic or drug rehabilitation clinic
and the residents of the area do not want to see this in the neighbor-
hood.
The Board noted that the applicant's representative had
indicated that four doctor's offices were proposed.
The Chairman then asked if there was anyone else present who
wished to be heard for or against the application.
Several ladies in the audience indicated that they were in
agreement with what the men had said.
The hearing was then closed at 9:10 p.m.
UNFINISHED BUSINESS:
Appeal # 427, at the request of Laurence Siena, seeking a
Special Use Permit pursuant to Section 421, subparagraph 16 of the
Town of Wappinger Zoning Ordinance, to permit a nursery school
to be known as the "Aspen Day School" and to be located on 1 Aspen
Court, Lot 28 of the Primrose Hill subdivision, in the Town of Wappinger.
Mr. Siena noted that at the last meeting no decision was rendered,
and if granted the use permit he would convert the basement into a
day school with eight to ten children, September to June, no summer
classes, they would have all indoor activities as he does not have
the type of lot which would provide for outdoor activities. He added
that he was on a corner lot, there was a cul-de-sac and the entrance
would be off Blackthorn Loop and would be strictly drop off and pick
up.
Mr. Siena also advised that the classes would probably run from
8:00 a.m. to 11:45a.m. and 1:00 p.m. to 3:45 p.m. and that the classes
teach basic motor skills, art classes, crafts, etc. and that his wife
would be assisting a licensed elementary teacher who would run
the school.
Dr. Sychukok of 3 Aspen Court noted that he had received a
registered letter and was surprised to learn of this application
as when he bought the property he thought it was residential
and was very concerned about traffic, children playing in the road,
Zoning Board of Appeals -7- May 8th, 1979
and felt that children this age could not and should not be contained
within a basement. He added that he felt that there was not enough
time to comment as all of the houses in the area were not built and
felt that very few people were unaware of the application.
It was then explained that it was the procedure of the Board
to submit a legal notice to the Wappingers Southern Dutchess News
and to notify the abutting property owners, properties which abut
the actual property lines of the appellant, and this information
is obtained from the Assessor's office and in this particular
instance at the time the abutting property owners were checked
the property was listed under the name of A.Y. Homes.
Several other residents and buyers of lots in the development
also came forward and expressed concerns similar to Dr. Sychukok and
indicated that they had left the Yonkers and Mount Vernon areas to get
away from these types of commercial establishments.
Mr. Cortellino then read the number of permitted uses in
residential districts permitted in the Town of Wappinger from the
zoning ordinance and added that the Town's ordinance was probably
similar to thousands of other ones perhaps even Mount Vernon's
ordinance. A copy of this section of the Zoning Ordinance is
attached to these minutes.
The people who came forward then identified themselves as
Mr. and Mrs. Dennis Inzeo; owners of Lot 31 - 7 Aspen Court,
Gladys Padilla of 27 Blackthorn Loop and Mr. and Mrs. Richard Davies
of 5 Aspen Court.
Discussion on this application was closed at 9:27 p.m.
NEW BUSINESS:
Discussion with James V. Brands, Esq. regarding the Robert's
Running Creek Mobile Home Park located on the corner of Pye Lane
and Montfort Road, in the Town of Wappinger.
Mr. James Brands and Mr. Robert Rawls were present.
Mr. Brands noted that they had submitted an application, had
an affadavit of publication on the E.A.F. form and added that there
had been much discussion regarding this property but this is the only
use (Trailers) that he (Mr. Rawls) can make of the property. He added
that they are getting information available and had been in touch
with Jon Adams (Attorney to the Town) and realized that there is a
long history and that the request for an expansion of the non -conforming
use had been denied and had been to the courts where a decision was
rendered, but this doesn't answer the question of what should be
done with the remainder of the land. Mr. Brands commented that they
submitted forms for variance, had asked for discussion and had sent
copies to Mr. Ruit and the Zoning and Planning Board and realized that
Mr. Ruit would first have to disapprove the application before they
could proceed.
Zoning Board of Appeals -8- May 8th, 1979
Mr. Ruit then asked how many acres were involved.
Mr. Rawls replied that there were 13 acres that were
unoccupied and they wanted 39 trailers more.
Mr. Brands noted that they were aware that it can't be
an expansion and were looking for an area variance and that there
were presently 88 trailers on the property and that the engineer
would address questions regarding the flood plain area.
The Board then asked about financial hardship.
Mr. Brands indicated that accountants could show what you
wanted them to.
The Board then discussed the requirements of financial
hardship with Mr. Brands and Mr. Rawls.
The Board then noted that the next meeting would be
June 12th and they would go over the information and advise
Mr. Brands of their decision.
Mr. Ruit then noted that the Town presently had a flood
plain ordinance pending and that this application may become
academic.
The Board then recessed at 9:35 p.m. at reconvened at 10:00 p.m.
With regard to Appeal # 431, at the request of John A. Ubbens,
a motion was made by Mr. Mc Millen, seconded by Mr. Cortellino,
to grant the requested variance.
Motion Was Unanimously Carried
By Those Members Present
With regard to Appeal # 432, at the request of Harry Shukat, a
motion was made by Mr. Cortellino, seconded by Mr. Mc Millen, to
deny the requested variance as other alternatives were available
to the Appellant.
Motion Was Unanimously Carried
By Those Members Present
With regard to Appeal # 433, at the request of Stanley Zablocki,
a motion was made by Mr. Mc Millen, seconded by Mr. Cortellino,
that action be trded pending the report of the Highway Superintendent.
Motion Was Unanimously Carried
By Those Members Present
The Board was then asked if there would be another opportunity
to be heard on the application. The Board advised that the hearing
had been held and closed but written statements would be accepted
and the next meeting would be held on June 12th at which time
a decision might be rendered.
31
31
Zoning Board of Appeals -9-
With regard to Appeal # 427, at the request
a motion wasmmade by Mr. Cortellino, seconded by
that the Special Use Permit be granted with the
May 8th, 1979
of Laurence Siena,
Mr. Mc Millen,
following conditions:
1. The applicant shall supply the New Hackensack Fire Company
with a set of floor plans and shall comply with the recommendations
of said fire company.
2. The applicant shall comply with the requirements of the
Department of Social Services with regard to Day Care Centers.
3. No signs advertising the nursery school shall be permitted
on the premises.
4. There will be no parking on the road permitted. Discharge
of children for safety reasons shall be in the driveway only.
5. Student enrollment shall be limited to ten children.
6. Hours of operation shall be 8:30 a.m. to 4:00 p.m., Monday
through Friday, September to June according to the Wappinger
Central School District schedule.
7. All activities shall be conducted indoors.
8. Any change to these conditions would require ah amendment
to the Special Use Permit. Violations of said conditions could
result in the revocation of said Special Use Permit.
Motion Was Unanimously Carried
By Those Members Present
The Board then directed the secretary to send a letter to
Mr. Brands advising him that following review of the statements made
tonight and the existing records regarding the trailer park property,
the Zoning Board of Appeals finds no reason to reconsider this application.
A motion was then made by Mr. Cortellino, seconded by Mr. Mc Millen,
to adjourn.
Motion Was Unanimously Carried
By Those Members Present
The meeting was adjourned at 10:05 p.m.
br
Attachment
Respectfully submitted,
(Mrs. Betty -Ann Russ, Secretary