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1978-10-10Rl III ZONING BOARD OF APPEALS OCTOBER 10TH, 1978 - 8:00 P.M. AGENDA TOWN HALL MILL STREET WAPP. FALLS, NY PUBLIC HEARINGS: 1. Appeal # 415, at the request of James and Joan Baisley, seeking a Special Use Permit pursuant to Section 421, Permitted Principal Uses, Paragraph 17 of the Town of Wappinger Zoning Ordinance, to permit a public stable on their property located on the north side of Stoneykill Road, being parcel # 6056-02-813825, in the Town of Wappinger. 2. Appeal # 416, at the request of G. Harvey Barrett, D.V.M. and Barbara S. Barrett, seeking a Special Use Permit pursuant to Section 421, Permitted Principal Uses, Paragraph 17 of the Town of Wappinger Zoning Ordinance, to establish a veterinary clinic on their property located on Diddell Road, being parcel # 6359-03-274312, in the Town of Wappinger. 3. Appeal # 417, at the request of Shell Oil Company, seeking variances of Section 423, District LB, Permitted Accessory Uses, Paragraph "B" of the Town of Wappinger Zoning Ordinance, to permit a 64 square foot sign to be erected at a lesser setback than permitted, on premises located on the corner of Route 9 and Hopewell Road, in the Town of Wappinger. UNFINISHED BUSINESS: 1. Appeal # 412, at the request of Frank H. Mc Enaney - Letter dated September 22, 1978. 2. Follow-up on recommendations to the Town Board on revisions to the Zoning Ordinance. MINUTES: Regular meeting of August 8th, 1978. The regular meeting of the Zoning Board of Appeals of the Town of Wappinger was called to order on Tuesday, October 10th, 1978 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 Carol A. Waddle - arrived at 9:15 p.m. Members Absent: Howard Prager Others Present: Robert G. Ruit, Bldg. Inspector/Zoning Admin. Betty -Ann Russ, Secretary The Chairman asked the secretary if notices had been sent to the Appellants and abutting property owners. The Secretary replied yes. The Chairman then explained that it was the Board's procedure to hear all the Appeals, then retire to executive session to go over the material presented and then the Board reconvenes at which time they may or may not have reached a decision on each case. PUBLIC HEARINGS: Appeal # 415, at the request of James and Joan Baisley, seeking a Special Use Permit pursuant to Section 421, Permitted Principal Uses, Paragraph 17 of the Town of Wappinger Zoning Ordinance, to permit a public stable on their property located on the north side of Stoneykill Road, being parcel ## 6056-02-813825, in the Town of Wappinger. The Chairman read the legal notice and then asked if there was anyone present who wished to be heard. Mr. Alexander Stevens of Stoneykill Road noted that he saw no reason why these people could not engage- in that type of thing as they had been good neighbors and have a good business which he thought should be sustained. Zoning Board of Appeals -2- October 10th, 1978 Mr. Louis Fallon of Old State Road noted that the stable was an attribute to the community and the Baisleys were doing a professional job. Mr. Mc Millen noted that he had a few questions and asked who the property was purchased from. Joan Baisley replied 011ie Husted. James Baisley added there had been cattle grazing there for about forty years and there were cows and horses on the property when we purchased it. Mr. Mc Millen commented that the property had been in farm use since before zoning and asked how many horses were now on the property. Joan Baisley answered that there were eight horses. Mr. Mc Millen then asked when lessons are given do the pupils stay on the property. Joan Baisley replied mostly on the property although sometimes they do go on Stoneykill Road up and back. Mr. Landolfi then asked that since the Baisleys had been renting the adjacent property since 1971 had they considered the purchase of the property they rent. James Baisley commented that they had considered this a few time but were working on something with the property in the back that is owned by a company from New Jersey who may be doing something within the next year or two. Mr. Landolfi noted that the Board had received letters from Stuart T. Webber, Dr. Thomas M. Murray and Mr. and Mrs. Howard Roycroft that were in favor of the Baisleys application. (Said letters are on file.) Mr. Landolfi then read the following letter which was received by the secretary at 3:35 p.m. on October 10th, 1978. Zoning Board of Appeals -3- October 10th, 1978 Mr. & Mrs. Victor Chain kw Stoneykill Road Wappingers Falls, N.Y. 12590 To The Town Board of Appeals We (Mr. & Mrs. Victor Chain) of Stoneykill Rd., Wapp. Falls, object to a riding academy on James & Joan Baisley's property on Stoneykill Road, Wapp. Falls, N.Y. (a) They do not have the proper amount of acreage to operate a riding academy. (B) Traffic on the road is constant with cars bringing children and adults for riding lessons at the present time. (C) The road is narrow and winding and has many blind corners and besides it has a 55 m.ph. speed limit and would be very dangerous for people on horses. (D) The stacking of horse manure and droppings along the road are a health hazard and also the horseflies and smell in the summer are unbearable. (E) They are presently operating a riding academy and boarding of horses which they have been in violation since the last year. (f) Stoneykill Road is the dividing point of the Beacon and Wappingers school district in which both Beacon and Wappingers buses travel through this road. Signed, Mr. Victor Chain Mrs. Victor Chain - 9-10-78 Mr. Mc Millen then asked if horses were being boarded. Joan Baisley replied that there was one person who boards a horse, and some people do use the road to go to Chelsea but she did not feel that her operation would contribute to any traffic problem. Mr. Cortellino then asked who gave permission to use the adjacent land. Joan Baisley replied Emma (Ferguson-Blondin) allowed us and we cleared the land for her. Mr. Landolfi then asked if there was anything else Mrs. Baisley wished to say. She answered that she enjoys children and working with the horses and that Al and Gracie (the Steven's) can see the property and they are in favor. Joan Baisley added that she didn't think the Chairr. understood the situation and that she keeps the children in twl her yard and has not had a problem and was not trying to do anything Zoning Board of Appeals -4- October 10th, 1978 illegal just doing what I like to do and it appears that the Chains don't want to look into this and just want to be nasty. Mrs. Greggo noted that as far as the Chain and Baisley vendetta, Mr. Chain could be against anyone and the Baisley's bother no one and the girl (Mrs. Baisley) is just trying to make a living. Joe Winkler noted that he boards a horse with the Baisleys and they keep the horse in excellent condition and his son takes lessons there and it is very clean and the children enjoy themselves. Mr. Zeke Rose noted that the barn the Baisleys put up was one of the finest in the county and was a rural area and many were listed as farms and my place is no where as neat as the Baisley property and there is no harm in seeing well groomed horses was certainly in favor of the conduct of this type business. Mr. Jim Husted noted that his uncle used to own the property and there had always been cattle and horses on the property and felt this was just a continuation of that use of the property and was past history. He added that people benefit from the lessons and the road is not used extensively and was a neat and clean operation and was in favor of it continuing. Mr. Stuart Webber commented that Joan (Mrs. Baisley) runs a nice place, the children love her, it is neat and clean and he would like to see her continue. A student of Mrs. Baisley then came forward and noted that she took lessons from Mrs. Baisley as this was the only way she could have a horse and it is very nice and clean and she didn't think it should be taken away. Mr. Stevens noted that most of Stoneykill Road is twenty miles an hour and had no qualms about Mrs. Baisley. Mr. O'Rourke of Fishkill noted that he frequently rides back and forth on the road and the Baisleys was the nicest looking place on the road. The Chairman then asked if there was anyone present who wished to be heard for or against the application. Zoning Board of Appeals -5- October 10th, 1978 No one present wished to be heard. The hearing was closed at 8:35 p.m. Zippeal # 416, at the request of G. Harvey Barrett, D.V.M. and Barbara S. Barrett, seeking a Special Use Permit pursuant to Section 421, Permitted Principal Uses, Paragraph 17 of the Town of Wappinger Zoning Ordinance, to establish a veterinary clinic on their property located on Diddell Road, being parcel # 6359-03-274312, in the Town of Wappinger. The Chairman read the legal notice. Ms. Judith Hillery, Attorney at Law, was present and noted that she was representing Dr. and Mrs.. Barrett. Mr. Landolfi asked if the garage was attached. Ms. Hillery replied yes and noted that they would just be altering the inside of the structure. Mr. Ruit commented that plans would have to be supplied at the time a building permit is applied for but did not require this until applicant is through with the Zoning Board. Mr. Cortellino noted that there was a barn shown. Mrs. Barrett replied that they were not using this but was previously used for horses. Mr. Mc Millen noted that it was his understanding that this would just be a clinic. Dr. Barrett replied that there would be no boarding, that the hours would be by appointment during the daytime and some evenings. Mr. Landolfi asked if there would be any advertising. Dr. Barrett replied that a veterinarian was limited on what could be advertised. Mr. Cortellino aksed when the appointements would be set for. Dr. Barrett answered late mornings through the afternoon and some evening hours. Zoning Board of Appeals -6- October 10th, 1978 Mr. Mc Millen asked if Dr. Barrett has any objections to the recommendation of the Highway Superintendent. Dr. Barrett replied that he had no objection. The Chairman then asked if there was anyone present who wished to be heard for or against the application. Mr. Ed Corbin came forward and noted that he had no objection and that he owned the farm that is next door to Dr. Barrett. No one else wished to be heard. The hearing was closed at 8:40 p.m. Appeal # 417, at the request of Shell Oil Company, seeking variances of Section 423, District LB, Permitted Accessory Uses, Paragraph "B" of the Town of Wappinger Zoning Ordinance, to permit a 64 square foot sign to be erected at a lesser setback than permitted, on premises located on the corner of Route 9 and Hopewell Road, in the Town of Wappinger. Mr. David Hagstrom, Esq. of Van de Water and Van de Water, and Mr. Dennis Sullivan were present for the Appeal. Mr. Hagstrom noted that the proposed sign was almost in the same location and the existing pole is shown on the plan and there has always been a sign on the corner. He added that the proposed sign will have two poles and it is larger than what is permitted in the Zoning Ordinance and was at a lesser setback, however, if it was measured from the pavement it would be well within the required setback and was within the spirit of the ordinance and they proposed to eliminate the other signs such as the pricing signs which would now be placed between the two poles and also advertise the specials. He also noted that the Federal government requires that the price signs be visible. Mr. Hagstrom commented that the elimination of signs would create a neater look and the advantage would be a more recognizable and bigger sign. Mr. Cortellino then asked about the line of site distance. Mr. Hagstrom explained that as you come down the road there is a slight bend and there is foliage which causes a problem with visibility. Mr. Cortellino asked approximately how many feet you would iw have on identifying the Shell station. Mr. Hagstrom replied 400 to 500 feet. Zoning Board of Appeals -7- October 10th, 1978 There was a question about what hours the sign would be on. Mr.Hagstrom replied that the hours of operation would be 6:00 a.m. to 10:00 p.m. Mr. Landolfi then asked about local and transient customers and the percentages of said customers. Mr. Hagstr-mmnoted that about ninety percent stop for gas only rather than repair work and f=eel at least fifty percent is transient and the larger sign would increase that percentage. Mr. Landolfi noted that Mr.Hagsttom had indicated that the other signs would disappear. Mr. Hagstrom commented that signs such as the moped sales would be part of this proposed sign and this sign would still be within the existing curbing. Mr. Landolfi noted that two variances were involved. Mr. Mc Millen then asked if the size of the sign could be cut down. Mr. Sullivan noted that their standard sizes were five by five and eight by eight. Mr. Hagstrom noted that from the pavement the sign would be well within the setback requirement, however, from the property line it is less and there is a problem as to where the sign could be located due location of the tanks, pumps, etc. Mr. Landolfi then asked what would the impact be cost wise if the Board disapproved the request for the 64 square foot sign. Mr. Sullivan replied that if this was denied they would have to stay with the existing sign. Mr. Hagstrom moted that the sign with the stanchion would eliminate the extra signs other than those required by Federal regulations and felt that the sign would be of significant economic benefit. He then showed the sign detail to the Board. Mr. Mc Millen asked how high- the sign would be. LO Mr. Sullivan replied thirty feet. The Chairman then asked if there was anyone present who wished to be heard. Zoning Board of Appeals -8- October 10th, 1978 No one present wished to be heard. The hearing was closed at 8:50 p.m. The Board then recessed for executive session and reconvened at 9:30 p.m. With regard to Appeal # 415, at the request of James and Joan Baisley seeking a Special Use Permit, a motion was made by Mr. Cortellino, seconded by Mr. Mc Millen to grant a Special Use Permit for a public stable with the following conditions: 1. One horse per acre shall be permitted. 2. Horse shows shall be limited to those horses boarded or owned by the Baisleys. No other horse shows, rodeos or similar events with the exception of three 4-H Shows a year shall be permitted. 3. There shall be no commercial tack shop on the property. 4. Recommendations of the Dutchess County Department of Health shall be complied with and their approval for an operation of a public stable shall be obtained. 5. Adequate buffer zones shall be provided to keep the horses, stable and manure storage areas at least 100 feet from buildings used for human habitation and at least 100 feet from streets and highways. 6. The fire department shall be contacted to inspect the premises and their recommendations shall be followed. 7. The Zoning Board of Appeals reserves the right to review the parking area for adequacy within a period of one year of operation. 8. All signs must meet the requirements of the Town of Wappinger Zoning Ordinance. 9. The property shall be adequately fenced to contain the horses. 10. Should the applicant lose the right to lease the adjacent property to meet the ten acre requirement for stables, the Special Use Permit shall be revoked. 11. Appellants' attorney shall verify ownership of the Blondin property (parcel # 6056-02-785830) to the satisfaction of the Attorney to the Town. 12. As the lease to the adjacent property is renewed each year, a copy of said lease shall be supplied to the Zoning Administrator. Motion Was Unanimously Carried By Those Members Present L01 Zoning Board of Appeals With regard to Appeal G. Harvey Barrett, a motion by Mr. Cortellino, to gran following conditions: -9- October 10th, 1978 # 416, at the request of Dr. and Mrs. was made by Mr. Mc Millen, seconded t the Special Use Permit with the 1. Recommendation of the Dutchess County Department of Health shall be complied with and their approval for an operation of an animal hospital, kennel,, clinic, shelter, etc. shall be obtained. 2. The fire department shall be contacted to inspect the premises and their recommendations shall be followed. 3. Normal hours of operation shall be 8:00 a.m. til 9:30 p.m. 4. Animals shall be kept indoors during the evening hours. 5. The Zoning Board of Appeals reserves the right to review the parking area for adequacy within a period of one year of operation. 6. All signs must meet the requirements of the Town of Wappinger Zoning Ordinance. 7. Driveway shall be blacktopped for a distance of 26 feet back from Diddell Road in accordance with the recommendation of Mr. William P. Horton, Highway Superintendent. Motion Was Unanimously Carried By Those Members Present With regard to Appeal # 417, at the request of the Shell Oil Company, a motion was made by Mr. Cortellino, seconded by Mr. Mc Millen, to table action pending the receipt of the recommendation of the Dutchess County Department of Planning. Motion Was Unanimously Carried By Those Members Present A motion was made by Mr. Mc Millen, seconded by Mr. Cortellino, to adjourn. Motion Was Unanimously Carried By Those Members Present The meeting was adjourned at 9:45 p.m. Respectfully submitted, (Mrs.) etty-Ann Russ, Secretary LV br APPROVED 11/14/78