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1978-07-11ZONING BOARD OF APPEALS JULY 11TH, 1978 - 8:00 P.M. AGENDA TOWN HALL MILL STREET WAPP. FALLS, NY PUBLIC HEARINGS: 1. Appeal # 404, at the request of Noel Thomas Slocum, seeking a Special Use Permit pursuant to Section 421, permitted accessory uses in residential district, paragraph "A" of the Town of Wappinger Zoning Ordinance, to permit him to establish an insurance office in his residence located on 14 Blfour Drive, being parcel # 6257-04-845460, in the Town of Wappinger. 2. Apppeal # 405, at the request of Dr. Daniel Hannigan, seeking a Special Use Permit pursuant to Section 421, Permitted Principal Use in Residential District, paragraph 17 of the Town of Wappinger Zoning Ordinance, to permit him to construct an animal hospital on his premises located on Myers Corners Road, in the Town of Wappinger. 3. Appeal # 406, at the request of Art -Tex Petroleum, Inc., seeking an amendment to their Special Use Permit pursuant to Section 423, Local Business District, Paragraph 8 of the Town of Wappinger Zoning Ordinance, to permit the erection of canopies over gasoline pumps on premises located on the corner of Myers Corners Road and De Garmo Hills Road, being parcel # 6258-02-730572, in the Town of Wappinger. 4. Appeal # 407, at the request of Richard & Virginia Sabatelli, seeking a variance of Section 422, paragraph 5 of the Town of Wappinger Zoning Ordinance, to permit them to construct a proposed 12' by 22' deck within approximately four feet of their sideyard lot line, a lesser setback than required, on their property located on 330 Myers Corners Road, in the Town of Wappinger. II UNFINISHED BUSINESS: 1. Appeal # 400, at the request of Robert G. Ruit, Zoning Admin., seeking an interpretation regarding number of uses permitted in commercial zones and definition of "Use". 2. .Appeal # 402, at the request of Vincent Germano, seeking an interpretation of what uses would be permitted on premises located on Old Route 9, presently known as Sunset Knolls, in the Town of Wappinger. 7 The regular meeting of the Zoning Board of Appeals of the Town of Wappinger was held on Tuesday, July 11th. 1978, 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 Carol A. Waddle Members Absent: None -, Others Present: Robert G. Ruit, Bldg. Inspector/Zoning Admin. Betty -Ann Huss, Secretary The Chairman asked the secretary if the abutting property owners had been notified. The secretary replied that the abutting property owners and appellants had been notified. The Chairman then explained that it was the procedure of the Board to hear- all the cases, take a short recess and then reconvene at which time t1jA Board may or may not render a decision on each case. PUBLIC HEARINGS: Appeal # 404, at the request of Noel Thomas Slocum, seeking a Special Use Permit pursuant to Section 421, permitted accessory uses in residential district, paragraph "A" of the Town of Wappinger Zoning Ordinance, to permit him to establish an insurance office in his residence located on 14 Polfour Drive, being parcel # 6257-04- 845460, in the Town of Wappingers The Chairman read the legal notice. Mr. Noel 'Thomas Slocum was present. Mr. Landolfi noted that the Board may have a few questions and then asked how long Mr. Slocum had been in the insurance business. Mr. Slocum replied since 1968 and he has lived on Balfour Drive for eight years. Mr. Landolfi then asked how the office would be operated. Zoning Board of Appeals -2- July 11th, 1978 Mr. Slocum replied that it was not the walk in type, specialize in commercial and better than 70 persent is out of town and travels , 20,000 to 26,000 miles a year and there would not be a problem with traffic flow. Mr. Landolfi then asked why an office was needed. Mr. Slocum replied that he had a tremendous amount of paper work, wants to hire a girl to take care of the work for at least four hours a day and had been in another agency with partners but was now on his own. Mr. Landolfi asked about svening.hours. Mr. Sicum replied that he would have probably 90 percent would be commercial, this would be the agency's specialty, and would go to the customers' homes at night. Mr. Landolfi asked what other alternatives he would have. 11 !-4 Mr. Slocum replied that he could rent in places, on Myers Corners Road and Route 9 and there is office space in Plaza 9 but this is expensive. Mr. Landolfi then asked wouldn't it be better to have more exposure in a commercial building. Mr. Slocum replied that he didn't work that way, he specialized in commercial and this wasn't necessary. Mr. Cortellino then asked about the house. Mr. Slocum replied that he had a bi-level, eight rooms, 1 car garage, would seal the garage off. He also noted that his wife had just had twins and noted that he had the parking area for the required spaces and there were just two drivers in the family. Mr. Landolfi asked if there would be any special equipment, zerox, etc. Mr. Slocum replied no, there would be no chemicals, he would maintain a desk, have a filing cabinet, a phone and would want another desk and an additional filing cabinet for the secretary. �14 Zoning Board of Appeals -3- July 11th, 1978 The Chairman then asked if there was anyone present who wished to be heard. Mr.Louis D. Diehl noted that he would like to request that this be granted at least temporarily til Mr. Slocum could find office space, and that this be considered favorably. Mr. Slocum then noted that if it was approved it would be permanent. No one else present wished to be heard. The hearing was closed at 8:09 p.m. Appeal # 405, at the request of Dr. Daniel Hannigan, seeking a Special Use Permit pursuant to Section 4219 Permitted Principal Uses in Residential Districts, paragraph 17 of.the Town of Wappinger Zoning Ordinance, to permit him tconstruct Road anianimal in the Thospital on his premises located on Myers Corners own of Wappinger. The Chairman read the legal notice. Dr. Daniel Hannigan was present. Mr. Cortellino commented that Dr. Hannigan was legally non -conforming. Dr. Hannigan replied that he was conforming, have ten acres zoning land, it is itwwasodecidedthat youneed could haveial Use a kenneleretc. when zoning went in you had ten acres of land. Mr. Ruit commented that Section 4210 paragraph 17 says use is permitted but requires a Special Use Permit. Mr. Mc Millen asked if he had been operating since 1963. Dr. Hannigan replied since 19519 more than doubling space. Mr. handolfi noted that there were ten employees in 14 parking spaces. Dr. Hannigan noted that he esite p2aniapproval� costs to 25 cars, if these are necessary, have $20,000. The Chairman asked if there was anyone present who wished to be heard. Zoning Board of Appeals -4- July 11th, 1978 Mr. Louis D. Diehl noted that he was in favor of granting, services are needed, it is an asset, dollar figures tax wise, like to see businesses expand also some time ago the Planning Board granted final approval subject to conditions, did not stipulate Special Use Permit, was under impression he had done what was required. No one else present wished to be heard. The hearing was closed at 8:15 p.m. Appeal # 406, at the request of Art -Tex Petroleum, Inc., seeking an amendment to their Special Use Permit pursuant to Section 423, Local Business District, Paragraph 8 of the Town of Wappinger Zoning Ordinance, to permit the erection of canopies over gasoline pumps on premises located on the corner of Myers Corners Road and De Garmo Hills Road, being parcel # 6258-02-730572, in the Town of Wappinger. The Chairman read the legal notice. No one was present for the Appeal. Appeal # 407, at the request of Richard & Virginia Sabatelli, seeking variance of Section 422, paragraph 5 of the 'Town of Wappinger Zoning Ordinance, to permit th6m to construct a proposed 12' by 22' deck within approximately four feet of their sideyard lot line, a lesser setback than required, on their property located on 330 Myers Corners Road, in the Town of Wappinger. The Chairman read the legal notice. Mr. Richard Sabatelli was present. Mr. Cortellino asked when the property was purchased. Mr. Sabatelli replied in 19729 had a survey done after he closed on the house. Mrs. Waddle asked if the deck was an extension of the house. Mr. Sabatelli replied it was off the livingroom, was surprised to find there was only four feet. Mr. Cortellino asked about the other side. Mr. Sabatelli replied that this was about 37 feet. Zoning Board of Appeals -5- July 11th, 1978 Mr. Mc Millen asked does it have to have 27 feet. Mr. Sabatelli replied that he would like to make it symetrical. He added that he had spoken to Mr. Ruit about the footings. Mr. Mc Millen asked if there would be a roof. Mr. Sabatelli replied no. The Chairman asked if there was anyone present who wished to be heard. Mr. Sal Prestianni noted that he had no objection to the porch and that in due time they will straighten the line and give ten feet, going to the stone wall would be the property line. No one else wished to be heard. The hearing was closed at 8:20 p.m. UNFINISHED BUSINESS: Appeal # 402, at the request of Vincent Germano, seeking an interpretation of what uses would be permitted on premises located on Old Route 9, presently known as Sunset Knolls, in the Town of Wappinger. Mr. James E. Coombs, Attorney at Law, was present and that he was represent Peter Marolius who should be here shortly and that the appellant wanted to complete the structure per the original building permit, and the original owner had begun construction and expended some forty to fifty thousand dollars and then ran out of funds, could not obtain funds to complete the structure and would know like to sell to Mr. Germano. He added that they would leave the trailer park as is, would be remove the two extensions in the front of the property and would be glad to answer any questions that he could. Mr. Mc Millen commented that he has more than thirty percent land coverage, the demolition of some of the buildings which were indicated would benefit him, the land coverage is above and beyond. Mr. Coombs added that it isn't a change of anything, just wants to complete the building and demolish the ones indicated. A Zoning Board of Appeals -6- July lith, 1978 The Board recessed at 8:25 p.m. and then reconvened at 9:30 p.m. With regard to Appeal #4049 at the request of Noel `Phomas Sloculh, a motion was made by -Mr. Cortellino, seconded by Mr. Me Millen, that the Special Use Permit be granted with the stipulation that no additional signs are erected, no additional parking is provided and that there be only one employeeion Was Unanimously Carried With regard to Appeal # 405,at the request of Dr. Hannigan, Mr. Prager asked if the present building was for a kennel and office. Dr. Hannigan replied that it would remain as a kennel, will eventually phase it out, but would not set a date -on when this would happen. A motion was then made by Mr. Mc Millen, seconded by Mrs. Waddle, to table action based upon the answer Motion Unanimously Carried Dr. Hannigan noted that he has expended $200000 based upon an approval. Mr. Landolfi replied that when new animal.hospital goes in, you discard use, we don't feel this would be a problem. Dr. Hannigan replied he had done everything he was told to do, have been working for this county and Town, taking care of dogs forthis Town, no reward. Mr. Landolfi noted that this was the first time before the Zoning Board. Dr. Hannigan replied that he did not think this would be necessary. With regard to Appeal # 406, at the request of Art -Tex Petroleum, amoon ecialwas Usemade by Mr. Permit withthethatt seconded Mr. MnoMsigns, to emend thea SpSp he attached to the canopies. Motion... Was Unanimously Carried With regard to Appeal #, 407, at the request of Richard and Virginia Sabatelli, a motion waamade by Mrs. Waddle, seconded by Mr. Prager, to grant the requested, Variance. Motion Was Unanimously Carried Zoning Board of Appeals -7- July 11th, 1978 With regard to Appeal # 400, at the request of Robert G. Ruit, Zoning Administrator, seeking an interpretation regarding the number of uses permitted in commercial zones and definition of "use", Mr. Cortellino read the following: INTERPRETATION OF PERMITTED USES IN BUSINESS & INDUSTRY DISTRICTS 1. Each property owner or leasee shall choose any one of the paragraphs listed within the applicable zoning district. Any use or uses within the paragraph chosen shall be permitted. 2. A generic interpretation shall be applied to any use listed within the paragraph of the business and industry districts. 3. In reference to Section 424 - maximum building coverage percentages shall be applied to the total acreage of each parcel, therefore, not being limited by the minimum lot areas listed in Section 424. Mr. Cortellino moved that the interpretation be adopted, Mrs. Waddle seconded the motion. Motion Was Unanimously Carried With regard to Appeal # 402, at the request of Vincent Germano, Mr. Landolfi moved that it was the interpretation of the Zoning Board that the uses as stated in Mr. Germano's letter of June 1st, 1978 are permitted and that no other uses than those stated shall be permitted on the premises and the structures to be removed as indicated in said letter shall be demolished before a Certificate of Occupancy is issed for the tourist home. Mr. Cortellino seconded the motion Motion Was Unanimously Carried Mr. Peter Maroulis commented that he would like the Board to understand Mr. Germano is requesting permission to take down these structures, what if the deal doesn't go through. Mr. Mc Millen replied that the Board's interpretation applies to Mr. Germano, the buyer. Mr. Germano added that it would be a benefit if Mr. Germano purchases and completed the building and then the two shed buildings would be removed. Zoning Board of Appeals -8- July 11th, 1978 A motion was then made by Mr. Cortellino, seconded by Mrs. Waddle, to adjourn. Motion Was Unanimously Carried The meeting was adjourned at 9:40 p.m. Respectfully submitted, (Mrs. Betty -Ann Russ, Secretary Zoning Board of Appeals br