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1978-08-08ZONING BOARD OF APPEALS AUGUST 8TH, 1978 - 8:00 P.M. AGENDA TOWN HALL MILL STREET WAPP. FALLS, NY PUBLIC HEARINGS: 1. Appeal ## 408, at the request of Marion Rolf, seeking a variance of Section 416 of the Town of Wappinger Zoning Ordinance, to permit the replacement and enlargement of an addition to an existing mobile home located on Vandewater Drive, in the Town of Wappinger. 2. Appeal ## 409, at the request of Francis J. Daino, Jr., seeking a variance of Section 422, paragraph 1 "Lot Area" of the Town of Wappinger Zoning Ordinance, to permit the alteration of lot lines to create lots of 22;000 sq. ft. and 17,957.82 sq. ft., in an R-20 zone, being parcels Numbers 6257-01-348962 and 339970, on Plaza Road, in the Town of Wappinger. 3. Appeal ## 410, at the request of Roger A. Owen, seeking a variance of Section 422, paragraph 5 of the Town of Wappinger Zoning Ordinance, to permit a foundation to remain at a sideyard setback of 16.5+ feet on property located on Chelsea Road, being parcel ## 6056-03-283499, in the Town of Wappinger. 4. Appeal ## 411, at the request of Florence Nelson, seeking a kw variance from Section 423, "Permitted Accessory Uses", subparagraph "b", to permit a free-standing sign to remain at a lesser setback than required, on property located on Route 9D, in Hughsonville, being parcel ## 6157-01-073649, in the Town of Wappinger. 5. Appeal ## 412, at the request of Frank H. Mc Enaney, seeking a variance in accordance with the provision of Section 416.031 of the Town of Wappinger Zoning Ordinance, to permit the creation of four additional apartments in his non -conforming building located on Widmer Road, being parcel ## 6258-01-135707, in the Town of Wappinger. II CORRESPONDENCE: Notice of 40th Annual Planning & Zoning Institute Conference At Kutsher's, Monticello, New York - October 15th thru 17th, 1978. The regular meeting of the Zoning Board of Appeals of the Town of Wappinger was called to order on Tuesday, August 8th, 1978 at 8:00 p.m., at the Town Hall, Mill Street, Wappingers Falls, New York. Members Present: Carol A. Waddle, Acting Chairperson Donald Mc Millen Howard Prager Members Absent: Charles A. Cortellino Joseph E. Landolfi, Chairman Others Present: Betty -Ann Russ, Secretary Mrs. Waddle asked the secretary if all the Appellants and abutting property owners had been notified. The secretary replied that they had been notified. PUBLIC HEARINGS: Appeal ## 408, at the request of Marion Rolf, seeking a variance of Section 416 of the Town of Wappinger Zoning Ordinance, to permit the replacement and enlargement of an addition to an existing mobile home located on Vandewater Drive, in the Town of Wappinger. Mrs. Waddle read the legal notice. Mrs. Marion Rolf was present. Mr. John Hauck then came forward and noted that he was speaking in behalf and in favor of the Appeal as it would improve the property. Mrs. Waddle then asked how many people resided in the trailer. Mrs. Rolf replied that just herself resided there. Mrs. Waddle then asked how long the trailer had existed. Mrs. Rolf replied at least twenty-five years and that she wanted the addition as the previous addition was temporary and was the living room area. Mr. Prager asked how large the .addition -would be. Zoning Board of Appeals -2- August 8th, 1978 Mrs. Rolf replied that it was 12' by 151. Mrs. Waddle asked if there were other trailers in the area. Mrs. Rolf replied that there were trailers on both sides of her property. Mr. Hauck noted that the trailers have been there long before zoning. Mr. Prager then asked what the outside would look like. Mrs. Rolf replied that it was siding which would be removed and replaced. Mr. Mc Millen noted that he had gone out yesterday to look at the property. Mrs. Waddle asked if there was anyone present who wished to be heard. No one present wished to be heard. The hearing was closed at 8:05 p.m. Appeal # 409, at the request of Francis`-J`Daino, Jr., seeking a variance of Section 422, paragraph 1 "Lot Area" of the Town of Wappinger Zoning Ordinance, to permit the alteration of lot lines to create lots of 22,000 sq. ft. and 17,957.82 sq. ft., in an R-20 zone, being parcel numbers 6257-01-348962 and 339970, on Plaza Road, in the Town of Wappinger. Mrs. Waddle read the legal notice. Mrs. Gloria Humeston came before the Board and noted that this property was adjacent to her mother's property and was concerned about the location of the existing cottage which is under the ten foot lot line requirement and could the cottage be added on. Mr. Mc Millen replied that this would require a variance if the cottage was added on the other two sides as there was not sufficient setback. Mrs. Humeston asked the Board if they had any idea how far from the line the cottage was. Mrs. Waddle noted that it was difficult to tell from the plan presented but that a survey plot plan would have to be submitted before any construction was started and if there was a violation it Zoning Board of Appeals -3- August 8th, 1978 would be picked up at that time. Mrs. Humeston noted that she wasn't sure where the cottage was located with regard to distance from the lot line but was prettysure it was less than ten feet. Mr. Mc Millen commented that he would assume it is on their property, however, when the property is subdivided a survey will have to be made. Mr. Daino noted that the cottage was probably about six feet to the line on the side. The Board noted that cottage could be added on where there was no problem with setbacks but if an addition was put on where there was a shortage a variance would have to be obtained and the abutting property owners would be notified at that time. Mrs. Waddle asked if there was anyone else to be heard. Mr. Francis Daino noted that he was in favor of the variance as he wanted to move the line and would like to make it into two lots again. Mrs. Waddle then asked how big the cottage was. Mr. Daino replied that it had one bedroom, a kitchen -dining area and a bathroom and was a summer home originally and was about 24' by 40'. He also noted that the lot dimensions were proposals and he could try to make them more conforming but as it is now proposed the one lot is only about 42 square feet short. Mr. Mc Millen then noted that the garage would have to come down as it would be on the line. No one else wished to be heard. The hearing was closed at 8:19 p.m. Appeal # 410, at the request of Roger A. Owen, seeking a variance of Section.422, paragraph 5 of the Town of Wappinger Zoning Ordinance, to permit a foundation to remain at a sideyard setback of 16.5 + feet on property located on Chelsea Road, being parcel # 6056-03-283499, in the Town of Wappinger. %W Mrs. Waddle read the legal notice. Mr. Thomas Hallick of James E. Coombs, Esq. office was present in behalf of the Appeallant. Zoning Board of Appeals -4- August 8th, 1978 Mr. Hallick commented that a honest mistake was made and that the bank was extending the mortgage until August 10th. He noted that there was an iron pin on vacant land and the builder mistook this for the survey line. Mrs. Waddle asked when the foundation was completed. Mr. Owen replied about a month and didn't know it was in violation and when Barger (Richard G. Barger, P.E. & L.S.) looked at it he said it was okay so I didn't think it was a problem. Mr. Hallick commented they would like to straighten it out as it was a honest mistake and he didn't think this was the type of thing you would require Mr. Owen to tear down. Mr. Owen indicated the location of the iron stakes and noted that when he excavated in accordance with the Dutchess County Department of Public Works the stakes were gone and called Barger, said no problem after he had been out. Mr. Hallick commented that the other property was vacant land so this contributed to the problem. Mrs. Waddle then asked if there was anyone else present who wished to be heard. No one wished to be heard. The hearing was closed at 8:25 p.m. Appeal # 411, at the request of Florence Nelson, seeking a variance from Section 423, "Permitted Accessory Uses", subparagraph "b", to permit a free-standing sign to remain at a lesser setback than required, on property located on Route 9D, in Hughsonville, being parcel # 6157-01-073649, in the Town of Wappinger. Mrs. Waddle read the legal notice. Mrs. Florence Nelson was present and noted that she would like to keep the sign in that particular spot as if it was setback 25 feet it would be in her livingroom and was about 10 feet from the road, 2'h feet from the hedges. Mr. Prager asked if the sign could be seen if it was on the porch. Zoning Board of Appeals -5- August 8th, 1978 Mrs. Nelson replied that it couldn't be seen. Mr. Mc Millen noted that the sign appeared to be very small. Mrs. Waddle asked if there was anyone else who wished to be heard. No one wished to be heard. The hearing was closed at 8:28 p.m. Appeal # 412, at the request of Frank H. Mc Enaney, seeking a variance in accordance with the provision of Section 416.031 of the Town of Wappinger Zoning Ordinance, to permit the creation of four additional apartments in his non -conforming building located on Widmer Road, being parcel # 6258-01-135707, in the Town of Wappinger. Mrs. Waddle read the legal notice. LO Mr. Frank Mc Enaney was present for the Appeal. Mr. Mc. Enaney noted that he had stated the reasons for this request in the appeal and that the income from the apartments is much too low to carry the building and am faced with closing the building or developing it in accordance with the plan submitted in which he would convert the three bedroom apartments into three efficiency apartments as the taxes and fuel in the winter are greater than the rentals received and the figures stated in the Appeal do not include insurance, repairs, etc.and one of the present tenants is running a used car lot and he wants to eliminate this kind of tenancy. Mrs. Waddle noted that if a used car lot was being run this would be a violation of the zoning ordinance. Mr. Mc Enaney commented that by having the efficiency apartments he would have singles or couples and not families who create problems and damage the premises. Mr. Prager asked about parking. Mr. Mc Enaney replied that he would spell out where parking would be as presently you couldn't get a fire engineen thru as it is now. Zoning Board of Appeals -6- August 8th, 1978 Mrs. Waddle noted that as owner of the property Mr. Mc Enaney could set down rules and regulations for the tenants to follow. Mr. Mc Enaney replied that he would like to get new tenants but he doesn't have the income to continue unless allowed the variance. Mr. Mc Millen asked that if granted the variance could the driveway be relocated as the site distance is poor and he would like to see the left hand approach blocked off. Mr. Mc Enaney noted that one family generated a mother, children and then their spouses and felt that there would be less traffic with the efficiency apartments. Mr. Mc Millen noted that he had been out on the property and you can't see on Widmer Road and that possibly the wooded area could be cleared and cleaned and this would be an improvement. He then asked about the electrical trucks on the vacant land. Mr. Mc Enaney replied that the trucks were his and were stored in the barn and noted that taxes were for the entire parcel and he could bulldoze the area mentioned and have parking areas in the Le back and felt that there would be less cars than are there now. Mr. Prager noted that the Town has a fire prevention code which states that apartments must be inspected for compliance and numerous requests had been made to inspect the building but replies had never been received. Mr. Mc Enaney replied that the building is always wide open if anyone wants to inspect it and that he lives in Florida a good part of the year but his son-in-law would go out there. He added that he would conform to the fire regulations and that he is not happy with the present situation and he would like to contract to have the work done before he returns to Florida. Mrs. Waddle 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 8:40 p.m. Mrs. Waddle then noted that the Board would recess and then reconvene at which time the Board may or may not have reached a decision on each Appeal. The Board then recessed and then reconvened at 8:55 p.m. Zoning Board of Appeals -7-• August 8th, 1978 With regard to Appeal # 408, at the request of Marion Rolf, a motion was made by Mr. Prager, seconded by Mr. Mc Millen, to grant the requested variance. Motion Was Unanimously Carried By Those Members Present With regard to Appeal # 409, at the request of Francis J. Daino, Jr., a motion was made by Mr. Mc Millen, seconded by Mr. Prager, to grant the requested variance with the stipulation that subdivision approval be obtained from the Planning Board. Motion Was Unanimously Carried By Those Members Present With regard to Appeal # 410, at the Request of Roger A. Owen, a motion was made by Mr. Prager, seconded by Mr. Mc Millen, to grant the requested variance. Motion Was Unanimously Carried By Those Members Present With regard to Appeal # 411, at the request of Florence Nelson, a motion Was made by Mr. Mc Millen seconded by Mr. Prager, to grant the requested variance. Motion Was Unanimously Carried By Those Members Present Mrs. Mary Ann Williams of Dennis Road came before the Board and noted that she was concerned that more apartment buildings would be put on the Mc Enaney property. Mr. Mc Millen replied that to do this they would have to have the property rezoned and all Mr. Mc Enaney wanted to do was to convert the existing apartMents to efficiency apartments. Mrs. Waddle noted that he wanted to redo and improve the building. Mrs. Williams noted that she was concerned about the structure. Mr. Mc Millen commented that Mr. Mc Enaney wanted eight small efficiency apartments and there are more cars now based on family size that there will be and Mr. Mc Enaney wants to eliminate all the cars on the property now. Mrs. Williams then asked if this variance would open up the other 35 acres for apartments. Mr. Mc Millen replied no that this variance would just permit him to make smaller apartments. Zoning Board of Appeals -8- August 8th, 1978 With regard to Appeal #k 412, at the request of Frank Mc Enaney, a motion was made by Mr. Prager, seconded by Mr. Mc Millen, to table action until recommendations are received from the fire department and further study is made by the Board. Motion Was Unanimously Carried By Those Members Present A motion was made by Mrs. Waddle, seconded by Mr. Prager, to adjourn. Motion Was Unanimously Carried By Those Members Present The meeting was adjourned at 9:00 p.m. Respectfully submitted, a (Mrs.) etty-Ann Russ, Secretary br wNal '