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1979-10-09The regular meeting of the Zoning Board of Appeals of the Town of Wappinger was held on Tuesday, October 9th, 1979, beginning at 8:00 p.m., at the Town Hall, Mill Street, Wappingers Falls, New York. Members Present: Joseph E. Landolfi, Chairman Charles A. Cortellino Donald Mc Millen Howard Prager Members Absent: Carol A. Waddle Others Present: Hans R. Gunderud, Bldg. Inspector/Zoning Admin. Betty -Ann Russ, Secretary The Chairman asked the secretary if the appellants and abutting property owners had been notified. The secretary replied that the appellants and abutting property owners according the the records in the Assessor's office had been notified. The Chairman explained that it was the procedure of the Board to hear all the cases, then take a short recess and reconvene at which time the Board may or may not render a decision on each appeal. PUBLIC HEARINGS: Appeal ## 450, at the request of David Alexander and James A. Klein, seeking a Special Use Permit pursuant to Section 423, District AI, paragraph 1 of the Town of Wappinger Zoning Ordinance, for proposed 40,000 square foot warehouse to be located on the corner of St. Nicholas Road and New Hackensack Road, being parcels 6259-03- 188070 and 148073, in the Town of Wappinger. The Chairman read the legal notice. Mr. James A. Klein and Mr. Kenneth C. Russ of Richard G. Barger, P.E. & L.S.'s office, were present. il Zoning Board of Appeals -2- October 9th, 1979 Mr. Russ noted that they had an application pending before the Planning Board for site plan approval, the property is zoned AI and it does allow this type of use. He added that the plan had been reviewed by James Howes, Commissioner of Aviation for F.A.A. compliance, the Engineer to the Town, and the Highway Superintendent which had made some comments which come under the site plan approval. Mr. Russ also noted that there was no specific tenant at this time and probably wouldn't know until the building was up. Mr. Klein noted that they had a few interested persons but couldn't divulge their names at this time. Mr. Russ noted that there would probably be 12 persons working there. Mr. Mc Millen commented that he would recommend a limit of twenty. Mr. Klein noted that they anticipated 12 persons and that he had other warehouses and this is about the maximum to run this type of operation. Mr. Mc Millen asked about the noise factor. Mr. Klein replied that this would be subject to the Town of Wappinger rules and regulations and that they could have put in an industrial building which would generate noise and that the warehouse was at the low end of the scale and there would be less noise and noted the Sabra jets make more noise. Mr. Landolfi noted that some residents had expressed some concern about the hours of operation. Mr. Klein noted that they had agreed with the Planning Board to limit the hours to 6:00 a.m. to 10:p.m. and it would also be subject to any other regulations on noise that the Town may have. Mr. Russ noted that if the tenants did not agree, the building could not be leased to them. Mr. Klein added that they must conform with the regulations. Mr. Mc Millen noted that he wanted to make them aware of the concern. Mr. Russ noted that they have to have a special use permit, site plan approval, a building permit and a certificate of occupancy. Zoning Board of Appeals -3- October 9th, 1979 Mr. Klein noted that it was a sophisticated process, check everything,;may want to change in the future, would come in, but this is something at present time we don't anticipate. Mr. Cortellino then asked that without a tenant how is it related to AI. Mr. Klein replied that they try to make the best decision they can, zone was created for that reason, not rezoning. Mr. Russ then noted that in the proposed zoning ordinance, this AI zone was more than doubled and that this is the only zone which does not allow residential uses and that probably the most innocuous use is a warehouse. He also noted that the County does not want them to come out on New Hackensack Road and that they could make improvements on St. Nicholas Road and are discussing this with the Engineer to the Town and the Highway Superintendent. Mr. Russ added that to accomodate fire company access they were elongating the parking lot to provide access to the building and could make this as a fire lane Leith no parking. Mr. Cortellino noted that to enforce this, the fire company needed a release. Mr. Russ noted that they flipped the parking to provide this area and it will remain open. Mr. Prager suggested putting up no parking signs. Mr. Russ noted that the plan had been revised since the fire company's initial review. Mr. Klein then noted that it would be standard tractor trailers going in and out. Mr. Mc Millen asked about getting in. Mr. Russ replied it is a 100 foot swing. Mr. Landolfi asked if there would be an automatic sprinkler system. Zoning Board of Appeals -4- October 9th, 1979 Mr. Klein noted that this is required depending on what is put in the warehouse but that if it is over 40,000 square feet you have to have it uniform with the code and that there is a list of what is flammable and if flammables stored would have to have sprinkler. Mr. Mc Millen asked if the Planning Board was happy with the entrance as he would like to see it come in on off the corner. Mr. Russ replied that the Dutchess County Department of Public Works, Bill Horton and Rudy Lapar have gone over this and that they can make three lanes as the Town has a large right-of-way, the pavement can be widened one more lane and this will be an improvement and that Bill Horton had asked for a couple of hundred feet to make the turn and this had been discussed with Mr. Lapar on the other lane and there should be no problem until you get to Dave Alexanders and All Angels Hill Road intersection. Mr. Cortellino commented that there are problems with the intersection there now. Mr. Russ then noted that he thought there was a misunderstanding on what a warehouse is, it is not like.the one Grand Union has in Westchester which is really a terminal, and what they planned and are talking about is storage where literally days go by when you don't have any trucks at all and that under AI that type of use such as Grand Union has is really a terminal with in and out and we are talking about a warehouse and that there is a distinct difference between a terminal and a warehouse and noted that plumbing and wholesalers such as the type of use N. & S. has is specifically excluded so you don't have this in and out. The Chairman then asked if there was anyone present Who wished to be heard. Mrs. Barbara Otis of New Hackensack Road noted that she lived next door to the proposed site and that she had some questions. Mrs. Otis then asked if this building would be an improvement as Mr. Alexander's present site on New Hackensack Road is not an improvement, and questioned the need for a warehouse as there were five ads in the newspaper for rental of warehouses and that now this is in for a Special Use Permit, was this from a prior list which determines when this is required. She contined noting that her next point a Zoning Board of Appeals -5- October 9th, 1979 was that the road is dangerous, what will widening do, what conditions will there be, the hours of operation, the number of trucks, lighting, landscaping, will the building be attractive, and the other question on what will be stored and is it related to the airport. Mr. Cortellino noted that the Board could not really say whether or not the new building would be an improvements to the area and that it is a permitted use subject to site plan approval and a special use permit. Mr. Russ then commented that with regard to Dave Alexander's present site it should be noted that this existed prior to zoning and site plan approval so that lighting and landscaping were not addressed, however, today this is all looked at by the Planning Board and required and if the newer sites are checked you will find provisions for lighting and landscaping. The Board then showed Mrs. Otis the site plan. Mr. Mc Millen added that in leaving the natural foliage Mrs. Otis should not even see the building. Mrs. Otis replied that on the side of her house there were not that many trees. Mr. Russ noted that according to the letter from the Commissioner of Aviation a pine would hit Mrs. Otis' house before the proposed new building. Mr. Klein added that he did not see how Mrs. Otis would even see the building. Mr. Russ added that they had advised the Planning Board, even though Mrs. Otis' house is not -permitted in an AI zone, we indicated that we would put screening up along the open areas which boarder Mrs. Otis' property and the Board is considering this although no action has yet been taken on the site plan. He added that you are talking about an area up on the hill. Mrs. Otis then asked if there was really a need for a warehouse. Mr. Russ then referred to a job their office did in La Grange which was 700,000 square feet of commercial and office space and that Mr. Page had this sitting empty for some time and was a master plan for the entire property but until construction starts tenants aren't interested and that IBM took over the building on Route 55 but not until the construction was started and that one building remained empty for a year or two but Miller Beer has recently taken Zoning Board of Appeals cm it over and this is really Mr. Klein's perogative. October 9th, 1979 Mrs. Otis noted that she thought this was a reasonable question. Mr. Cortellino noted that the Board cannot stop a building because there is not presently a tenant, this is the applicant's perogative and a chance he takes, if it is permitted it can't be stopped. Mrs. Otis then commented if built, then empty, why. Mr. Klein replied it is based upon supply and demand. Mrs. Otis noted that New Hackensack Road is presently dangerous and only inviting more problems by having a warehouse there. Mr. Russ then noted that when Fairchild went into All Angels Hill Road there had not been improvements but there have not been problems and if an office with 300 employees at this site would be a problem and perhaps if there is more action the County might do something. Mrs. Otis then added that she would like to see a limit on the hours of operation, that the business be permitted by certain hours, would like to see that they are open only for certain hours. It was noted that it had been agreed that there would be no operation from the hours of 10:00 p.m. til 6:00 a.m. Mrs. Otis replied that this is saying she may sleep only until 6:00 in the morning and what about the building design and appearance. Mr. Klein replied that it would be a standard Butler building such as the two he has on Sheafe Road now and it will look like them. Mr. Russ noted that the former tennis court on Sheafe Road is now a warehouse and has been for the last six years and you rarely see trucks coming in and out and that the ordinance specifically excludes contractors' establishments such as an operation similar to N. & S. because of the constant traffic and that type is excluded from this zone. �4- Zoning Board of Appeals 0►C October 9th, 1979 Mrs. Otis then presented the Board with a letter from residents of St. Nicholas Road. Mr. John Dugue of 195 New Hackensack Road commented that he was concerned about New Hackensack Road with large trucks as they can't accelerate quickly, on the curve by Linge Lumber and Jackson Road there are many accidents, cars are traveling at a high rate of speed, there is reckless driving along there, there have been editorials on the speed limit, this doesn't stop them, tractor trailers can't compensate. He added that the traffic is backed up on peak hours and should be aware that these large trucks can't quickly get in traffic flow. Mr. Russ commented that New Hackensack Road is basically traveled at all times of the day, there is not a constant rate, they travel at a high rate of speed, it is a connector road and 40 to 50 trucks go by now, not really changing. Mrs. Otis then asked that the letter she presented be read. Mr. Landolfi then read the following letter: October 9, 1979 Zoning Board Wappingers Falls, New York GENTLEMEN: We, as residents of St. Nicholas Road, Wappingers Falls, would like to present the following concerns for the proposed warehouse facilities slated for the corner of St. Nicholas Road and New Hackensack Road: 1. What type of warehouse operation will this be? How many vehicles will be using this facility daily and during what hours will this be in operation? Will there be a 24-hour security force? What will the vehicles be transporting? 2. How will entrances and exits be constructed? At present, the intersection of New Hackensack Road and St. Nicholas Road, we feel, is not suitable for large vehicles. The combination of narrow road, no guard rails on the lake side, no speed limits and the pitching of the roadway on the curve by the lake (which incidently was made worse when the road was repaved several years ago) all add up to an extremely dangerous condition. Checking police Zoning Board of Appeals -8- October 9th, 1979 records of the last six years will prove this. Accidents have involved one vehicle being forced off the road by another. More often, though, the accidents involved single vehicles from passenger cars to vans to dump trucks and larger running off the road. We challenge any one on the board to take The Lake Curve on St. Nicholas Road at more than 20 miles an hour and stay on the roadway when it is slightly damp. Many Wappingers Falls School District buses use this as a cut -through road in between runs. Drivers have stated in the presence of residents at pick up stops and school meetings that they consider the road extremely danger- ous especially by the lake. Also, please note, St. Nicholas Road narrows even more at places between New Hackensack and Widmer Road. Even passenger cars have been forced to .ride, the edge of road when meeting another car. Autos have actually had to stop when meeting a bus or delivery truck on the road. 3. Again referring to the hours of operation, we would not like to see late-night operations. It would be too noisy in a residential area but more than that it would be too dangerous due to the above road conditions. Truly yours, S/ Mrs. Maybelle Paskey Mr. Narareno B. Renzi Mrs. Margaret A. Renzi Mr. Robert Rainboth Mrs. Jackie Rainboth Paula Nicholson Mr. Mc Millen commented that he did not forsee any need for trucks to travel down St. Nicholas Road to Widmer Road. Mr. Klein added that they would be going to New Hackensack Road not to St. Nicholas Road. Mr. Russ noted that they could install "No Right Turn" sign and felt that in widening the road in accordance with what the Highway Superintendent wanted would help the situation. The Chairman asked if anyone else present wished to be heard. No one present wished to be heard. The hearing was closed at 8:43 p.m. Zoning Board of Appeals -9- October 9th, 1979 Appeal # 451, at the request of John & Virginia Inness, seeking a variance of Section 422, paragraph 5 of the Town of Wappinger Zoning Ordinance, to permit a newly constructed single-family dwelling to remain at a lesser sideyard setback than required, being twenty-two feet where twenty-five feet is required, on property located on Route 376, being.parcel # 6358-01-210842, in the Town of Wappinger. The Chairman read the legal notice. Mr. John Inness was present and noted that he thought he had indicated in the appeal the reasons the variance was needed. Mr. Landolfi asked who the builder was. Mr. Inness replied Parr Homes-. Mr. Landolfi asked if they had built any other homes which required variances. The secretary replied that she was not aware of any. Mr. Gunderud commented that Parr Homes had built in the Town before. Mr. Inness commented that he had never heard anything bad about the builder. Mr. Cortellino then asked if the house was built on a lot that Mr. Inness owned. Mr. Inness replied yes and noted that Mr. Barger had done the survey. Mr. Gunderud commented that he found that a foundation survey was not done and they would have found out at that point that the foundation was too close to the line and could have moved the foundation at that time but that an inspection was not called for until the house was finished. Mr. Inness added that he presently had a temporary Certificate of Occupancy and did not know whose responsibility it was to have had the foundation survey done. Mr. Mc Millen asked if the contract didn't say all plot plans, approvals, permits, etc. in compliance with regulations was in the hands of the builder. Zoning Board of Appeals -10- October 9th, 1979 Mr. Inness replied that he had gotten the original survey done by Mr. Barger and that he went into contract last October and was supposed to move in the house in February and had sold his home in Peekskill and didn't move in until September, and it cost over $1,000 to put a drive in even before the house could be built and had to cut and put in a bank run drive before building could start and that they had had problems with the Board of Health, wouldn't give a map of the septic from the original map and had to go to the Board of Health and make a sketch myself and it had been one delay after another. The Chairman then asked if there was anyone else present who wished to be heard. No one present wished to be heard. The hearing was closed at 8:50 p.m. Appeal # 452, at the request of Dr. Barry Abrahamson, seeking a variance of Section 422, paragraph 5 of the Town of Wappinger Zoning Ordinance, to permit the construction of a 12' by 32' attached garage at a lesser sideyard setback than required, on property located on Fox Hill Road, being parcel # 6257-01-467821, in the Town of Wappinger. The Chairman read the legal notice. Mr. Heinz Getz noted that he was the builder and was representing Dr. Abrahamson. Mr. Landolfi asked how many people there were in the family. Mr. Getz replied that there were two children and two adults, they had two cars and Dr. Abrahamson was a dentist. Mr. Cortellino asked if he was the original builder. Mr. Getz replied no, he was putting on the addition. Mr. Landolfi noted that he had looked at the existing garage and it did not appear to have much room, what things would be stored. RI Zoning Board of Appeals -11- October 9th, 1979 Mr. Getz replied bikes, lawnmowers, garden tools, and the addition was planned in order to get of the dilemma. Mr. Landolfi added that it appeared that the house had been added onto in the past. Mr. Getz replied yes and then showed plans to the Board noting that there was a livingroom, familyroom and fireplace on the one side and it made it almost impossible to put the addition on there and all the windows are on that side, what could you do. Mr. Cortellino replied extend like a railroad car, extend and swing through, come in and drive around. Mr. Getz replied that there are beautiful trees there and an open porch and it is 10 to 15 years old. Mr. Mc Millen then asked how far from the back corner. Mr. Getz replied about 20 feet and that there was 68 feet between the houses. The Chairman then asked if there was anyone else present who wished to be heard. No one else present wished to be heard. The hearing was closed at 8:57 p.m. Appeal ## 453, at the request of Vera Ward seeking a variance of Section 422, paragraph 6 of the Town of Wappinger Zoning Ordinance, to permit the construction of a 12' by 16' addition to the existing house, at a rear yard setback of three feet where a forty foot setback is required, on property located on Route 9D, in Hughsonville, being parcel # 6157-01-057654, in the Town of Wappinger. The Chairman read the legal notice and noted that he had been out to look at the property and the Board may have a few questions. Mr. and Mrs. Ward were present. 14 Zoning Board of Appeals -12- October 9th, 1979 Mr. Landolfi then asked the purpose of the addition. Mrs. Ward replied that it would be for her invalid mother and her daughter could take care of her and the daughter has a husband and three children and the room is needed. She added that her mother was temporarily staying with her in her home but can't get up and down the stairs. Mr. Landolfi commented that the main purpose would be to make room for the mother. Mr. and Mrs. Ward replied yes. The Chairman then asked if there was anyone else present who wished to be heard. No one present wished to be heard. The hearing was closed at 8:59 p.m. The Board then recessed and reconvened at 9:20 p.m. With regard to Appeal # 450, at the request of David Alexander and James A. Klein, a motion was made by Mr. Cortellino, seconded by Mr. Mc Millen, that the request for a Special Use Permit be granted subject to restrictions to be placed by the Planning Board as part of site plan approval. With regard to Appeal # 451, Inness, a motion was made by Mr. to grant the requested variance. Charles A. Cortellino - nay Motion Was Unanimously Carried By Those Members Present at the request of John & Virginia Prager, seconded by Mr. Mc Millen, Motion Was Carried With regard to Appeal # 452, at the request of Dr. Barry Abrahamson, a motion was made by Mr. Mc Millen, seconded by Mr. Prager, to grant the requested variance. Charles A. Cortellino - nay Motion Was Carried With regard to Appeal # 453, at the request of Vern Ward, a motion was made by Mr. Prager, seconded by Mr. Mc Mille, to grant the requested variance. Charles A. Cortellino - nay Motion Was Carried Zoning Board of Appeals -13- October 9th, 1979 A motion was then made by Mr. Prager, seconded by Mr. Mc Millen, to accept the minutes of the August 14th, 1979 meeting. Motion Was Unanimously Carried By Those Members Present 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 9:25 p.m. br UNAPPROVED 91 Respectfully submitted, (Mrs.) etty-Ann Russ, Secretary Zoning Board of Appeals