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1979-09-11The regular meeting of the Zoning Board of Appeals of the Town of Wappinger was called to order on Tuesday, September 11th, 1979 at 8:00 p.m., at the Town Hall, Mill Street, Wappingers Falls, New York. Members Present: Mrs. Carol A. Waddle, Acting Chairperson Charles A. Cortellino Donald Mc Millen Howard Prager Members Absent: Joseph E. Landolfi Others Present: Hans R. Gunderud, Bldg. Inspector/Zoning Amin. Betty -Ann Russ, Secretary Mrs. Waddle 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 the records in the Assessor's office had been notified. PUBLIC HEARINGS: Appeal # 448, at the request of the Sloper Willen Community Ambulance Service,'seeking a variance of Section 483.81 of the Town of Wappinger Zoning Ordinance, to permit a 2,000 gallon gasoline storage tank to be installed on premises located on Mac Farland Road, being parcel # 6157-04-720271, in the Town of Wappinger. Mrs. Waddle read the legal notice. Mr. Donald Young noted that he was the Chief Paramedic with Sloper Willen and would representing them as John Kloepfer could not be here tonight. Mr. Young noted that one vehicle uses unleaded and the others use hi -test and there are six vehicles and noted that they are on call 24 hours a day. Mr. Cortellino then asked if the service had any contract with a service station to supply gasoline. Mr. Young replied that they have one gasoline tank and one distributor fills this 550 gallon tank but considers it a burden to deliver only 550 gallons. Mr. Cortellino commented that he was asking about a contract with a service station such as those supplied for the school buses. Zoning Board of Appeals -2- September 11th, 1979 - Mr. Young replied that they did not have a contract but that one filling station in the Village gets an allotment for emergency vehicles where they can get gas but on Sundays and holidays it is not available. Mrs. Waddle then asked how much gas is used in a month. Mr. Young replied that in April 1,491 gallons of gas was used for a one month period. Mr. Mc Millen commented that he was advised that they project 1,800 gallons a month. Mrs. Waddle asked if this would be strictly for the emergency and chiefs vehicles. Mr. Young replied yes and that the chief's car was considered to be an ambulance, one of the six. Mrs. Waddle then asked where the tank would be installed. Mr. Young replied that the one is presently underground, would be 25 to 30 feet from the closest building and would store %0" this one another 30 feet from back here. Mrs. Waddle asked if there were any wells in this area. Mr. Young replied no. Mr. Cortellino asked if there was community water. Mr. Young replied not in the immediate area and added that the tank had been ordered 132, months before the passage of the ordinance prohibiting the tanks was passed and that the tank was delivered the day the ordinance was adopted. He added that it took a long time to get the tank because of the demand and that it was delivered the day the ordiance was passed and that they only have one distributor and that 550 gallons was small and was reluctant to come and will only deliver at their convenience and this varies from week to week and have had shortages.. Mrs. Waddle then asked if there was anyone present who wished to be heard with regard to this Appeal. No one present wished to be heard. The hearing was closed at 8:12 p.m. Zoning Board of Appeals -3- September 11th, 1979 Appeal # 449, at the request of Juliana Garofalo - Julfran Farm, seeking a Special Use Permit pursuant to Article IV, Section 413, paragraph 2 of the Town of Wappinger Zoning Ordinance, to permit a 12' by 60' mobile home to be placed on property located on Maloney Road and Smith Crossing Road, in the Town of Wappinger, being parcel # 6359-01-110650. Mrs. Waddle read the legal notice. Mrs. Juliana Garofalo was present for the Appeal. Mrs. Waddle commented that she understood the mobile home would be a temporary dwelling until a permanent structure goes up. Mrs. Garofalo replied yes, that they do have some plans but have to wait until their home is sold. Mrs. Waddle then asked if they had a period of time in mind for the trailer. Mrs. Garofalo replied one to two years. Mr. Cortellino then asked about the plans for the property. Mrs. Garofalo replied that they have the barn completed and that one building will be a small structure and the other will be the main house. Mr. Cortellim noted that the trailer was shown on the right-of-way. Mrs. Garofalo replied it was shown that way when the plans were drawn but it is ten feet further back. Mrs. Russ noted that a Special Use Permit was obtained for the barn for the horses. Mrs. Garofalo noted that the trailer will be to the rear of the barn where the proposed cabin is shown and that they have to have some help and it will be a caretaker in the cabin and the mobile home will be for the caretaker until the cottage is built. Mr. Cortellino commented that the trailer would be for the caretaker. Mr. Mc Millen noted that he understood that the trailer would be removed once the caretaker's cottage is constructed and which would go up first, the cottage or the main house. Zoning Board of Appeals -4- September 11th, 1979 Mrs. Garofalo replied that she really did not know at this point. She added it would depend upon how soon their home is sold and that they hoped to be done in two years. Mrs. Waddle then asked if there was anyone present who wished to be heard. No one present wished to be heard. The hearing was closed at 8:20 p.m. Mrs. Waddle then noted that before the Board recessed she would reopen Appeal ¢# 441, at the request of Heidimarie Geraci. Mrs. Waddle then read the following letter: August 22nd, 1979 Zoning Board of Appeals Town of Wappinger Wappingers Falls, New York 12590 RE: Appeal No. 441 - Geraci Dear Members of the Zoning Board of Appeals: I reviewed the provisions of the present zoning ordinance as they relate to home occupations and it is my opinion that given the definition thereof contained in Section 2(n), the proposed use does not come within that class of home occupations intended to be permitted by the'zoning--ordinance. As the definition indicates, - home occupations which are permitted are those which involve personal skills. The proposed use in question does not involve such use of personal skills but rather is more akin to a retail use. The product being sold is not the skills of the applicant but rather a product such as a television or stereo component. To obtain a use variance, an applicant must demonstrate that application of the zoning ordinance would produce undue hardship, that the hardship created is unique to the applicant and not shared by other properties, and that a variance would not violate the spirit of the ordinance. Your form lists these elements. With respect to the element of undue hardship, the applicant must demonstrate that he or she cannot obtain a reasonable return on their investment in the land under the zoning as presently permitted. In my opinion, it would Zoning Board of Appeals -5- September 11th, 1979 be impossible for this applicant to so demonstrate as the residential property is not intended to be one that produces income, and at the present time the property is capable of being used, namely for a residence. Additionally, I can find no suggestion in the application that the plight of the applicant is unique. It appears that the lot in question is a conventional residential lot capable of being used for that purpose. I trust the foregoing is responsive to your inquiry. Very truly yours, CORBALLY, GARTLAND & RAPPLEYEA S/ Jon Holden Adams JHA/lh CC: Hans Gunderud, Zoning Administrator A motion was then made by Mr. Mc Millen, seconded by Mr. Prager, to deny the requested use variance based upon the Attorney's opinion. Motion Was Unanimously Carried By Those Members Present Mr. Geraci then noted that he would like to apologize and advised that he had a copy of the attorney's letter and had two points he would like to have clarified, the first being the proposed use being a retail use rather than a personal skill advised the Board that he was licensed for repair. Mr. Cortellino then explained that the skills permitted by the ordiance as those of a craft type nature rather than repair work. Mr. Geraci then noted that he would like it explained how he would be violating the spirit of the ordiance. Mrs. Waddle replied that it is a residential use, you are living on the property, therefore, getting a return and you are doing something with the land and it has resale value. Mr. Geraci then asked if he could have 3'k months granted to cover his warranties and that he had purchased the other equipment with his own money as to have the contract for the tvs he had to take the other equipment. Mr. Cortellino asked for a clarification on the contract, was Mr. Geraci commmtted to purchase. Zoning Board of Appeals -6- September 11th, 1979 Mr. Geraci replied that he had purchased $5,000.00 in stock, in the house and is personally committed to, these are stereos, car stereos which are purchased and are my investment. Mr. Cortellino then asked if Mr. Geraci could supply a list of the serial numbers available. Mr. Geraci replied that they are paid for and are his. Mr. Cortellino then asked if he had a bill of sale. Mr. Geraci answered that he had almost $5,000.00 in stereos, car radios and speakers which he was committed to and had paid for and would like three months to the end of the year to sell them. Mr. Mc Millen noted that he wished to withdrawn his previous motion and amend it to read that the variance be denied effective January 1st, 1980 and that all operation of the retail business presently being conducted on premises located on 28 Baldwin Drive cease by January 1st, 1980. The amended motion was seconded by Mr. Prager. Motion Was Unanimously Carried By Those Members Present The Board then recessed at 8130 p.m. and reconvened at 8:45 pm. With regard to Appeal # 448, at the request of the Sloper Willen Community Ambulance Service, a motion was made by Mr. Prager, seconded by Mr. Mc Millen, that the requested variance be granted and that a permit must be obtained from the Building Inspector's office. Motion Was Unanimously Carried By Those Members Present With regard to Appeal # 449, at the request of Juliana Garofalo, a motion was made by Mr. Cortellino, seconded by Mr. Prager, to grant a Special Use Permit for a period of one year. Motion Was Unanimously Carried By Those Members Present Zoning Board of Appeals -7- September 11th, 1979 A motion was then made by Mr. Cortellino, seconded by Mr. Prager, to adjourn. Motion Was unanimously Carried By Those Members Present The meeting was adjourned at 8:47 p.m. Respectfully submitted, Betty n Russ, Secretary br UNAPPROVED