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1978-06-13ZONING BOARD OF APPEALS JUNE 13TH, 1978 - 8:00 P.M. AGENDA TOWN HALL MILL STREET WAPP. FALLS, NY I PUBLIC HEARING: 1. Appeal # 403, at the request of Joan Clark, seeking a variance of Section 413 of the Town of Wappinger Zoning Ordinance, to permit her to place a mobile home on property located on Route 9D, known as Woodcrest Farm, in Hughsonville, being parcel # 6157-01-180640, in the Town of Wappinger. II NEW BUSINESS: 1. Appeal # 401, at the request of Paris Dziadik, seeking an interpretation to establish whether or not cake decorating for sales is a customary home occupation. 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. III _ UNFINISHED BUSINESS: 1. Appeal # 394, at the request of Patrick Falciano, seeking a variance of Section 414.06 of the Town of Wappinger Zoning Ordinance, to permit him to erect a 20' by 24' attached garage within 20 feet of his sideyard lot line on property located on 47 Cider Mill Loop, in the Town of Wappinger. 2. Appeal # 399, at the request of Robert -Mark Realty, Inc. seeking a variance of Section 421, paragraph G of the Town of Wappinger Zoning Ordinance, to permit them to erect a 4' by 6' free-standing sign on Lot 54 of the Spook Hill Estates Subdivision, being parcel # 6257-01-172676, in the Town of Wappinger. 3. Appeal # 400, at the request of Robert G. Ruit, Zng. Admin., seeking an interpretation regarding number of uses permitted in commercial zones and definition of "use". 4. Appeal # 357, at the request of Bruce Stotz - Proposed amendment to Action on Appeal. IV MINUTES: Regular Meeting of May 9th, 1978. M The regular meeting of the Zoning Board of Appeals of the Town of Wappinger was called to order on Tuesday, June 13th, 1978 at 8:05 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: Robert G. Ruit, Bldg. Inspectoi/Zoning Admin. Betty -Ann Russ, Secretary The Chairman asked the secretary if all the Appellants and abutting property owners had been notified. The secretary replied that they had been notified. The Chairman then explained that it was the procedure of the Board to hear all the cases and then retire to executive session to review the information presented and then the Board LO reconvenes at which time they may or may not render a decision on each case. PUBLIC HEARING: Appeal ## 403, at the request of Joan Clark, seeking a variance of Section 413 of the Town of Wappinger Zoning Ordinance, to permit her to place a mobile home on property located on Route 9D, known as "Woodcrest Farm, in Hughsonville, being parcel ## 6157-01-180640, in the Town of Wappinger. The Chairman read the legal notice. Joseph Clark and Joan Clark were present for the Appeal. Mr. Landolfi asked if the intent was of a permanent nature or would the trailer be on the property temporarily. Joseph Clark noted that it would not be there for eternity but he was retiring and wanted to help children take over the property but at present it was impossible to work out a deal and Mrs. Clark and her son wanted to reside in the trailer. Zoning Board of Appeals -2- June 13th, 1978 Mr. Prager noted that on the drawing which was given to the Board a septic was indicated and did this presently exist. Mr. Clark replied no adding that this was where he thought it should go as it was no closer than 100 feet to the house. He noted that the well did exist. Mr. Prager then asked Mr. Clark if he had an engineer or the Board of Health look at the proposed septic location. Mr. Clark replied no. Mr. Cortellino noted that in the Appeal form it indicated that the variance was being sought to help with the expenses of the home and the land. Mr. Clark replied that presently his daughter and her family were in the house and that he hoped to retire by September lst and that money is tight and the bank wants a large down payment and this is prohibitive for them to bud the house. Mr. Cortellino noted that the Appellant was pleading financial hardship but in this case Mr. Clark owns the house and land and couldn't he continue . . . Mr. Clark responded that the bank, Joan (Mrs. Clark) and himself owned the house. Mr. Landolfi then asked if different arrangements could be made from a financial standpoint to help and couldn't the children just continue to make the mortgage payments. Mr. Clark replied that there were other children involved who don't live in the house and would not benefit. Mr. Cortellino then asked if there would be a financial hardship if the property and house were sold to a stranger and the money was split with the children. Mr. Clark replied that it was his desire to try to keep the property in the family. Zoning Board of Appeals -3- June 13th, 1978 Mr. Cortellino then asked if the trailer would be occupied by Mrs. Clark and her son. Mrs. Clark replied yes and noted that she was in an apartment presently and didn't have any idea on the size of the trailer other than she would like a two bedroom trailer. Mr. Louis D. Diehl, Supervisor of the Town of Wappinger, noted that it was his feeling that during these difficult economic times the Board should seriously consider this request as he felt that the Town did not want to cause financial hardship and would want to keep a family together and that these people were baring their souls in making this request and he hoped that the Board could work within the law to solve this problem at least temporarily. Mr. Cortellino noted that trailers run around $12,000 and that on 5.8 acres it appeared that the house could be expanded without a variance and this would solve the problem. Mr. Clark noted that the house had been added on to three different times and there were pegged beams and you couldn't cut thru without a great expense and that it was a stone foundation and the pipes, etc. had been in the ground for many years. The Chairman then read the following letter which the Board had received. June 13, 1978 Town of Wappingers Falls Zoning Board of Appeals Town Hall Wappingers Falls, New York Attention: Joseph E. Landolfi Dear Mr. Landolf is I, William Auffarth oppose the request of Joan Clark seeking a variance of section 413, of Town of Wappingers Falls zoning ordinance, to permit her to place a mobile home on property located on Route 9-D, known as Woodcrest Farm's in Highsonville, and being parcel # 6157-01- 180640 in the town of Wappingers Falls. Zoning Board of Appeals -4- June 13th, 1978 Yours, truly, S/William Auffarth Hopewell Road Wappingers Falls, New York 12590 The Chairman then asked if there was anyone present who wished to be heard for or against the Appeal. No one present wished to be heard. The hearing was closed at 8:18 p.m. Appeal # 394, at the request of Patrick Falciano, seeking a variance of Section 414.06 of the Town of Wappinger Zoning Ordinance, to permit him to erect a 20' by 24' attached garage within 20 feet of his sideyard lot line on property located on 47 Cider Mill Loop, in the Town of Wappinger. The Chairman read the legal notice. Mr. Patrick Falciano was present for the Appeal. Mr. Falciano noted that he had one child and was expecting another and needed more room. Mr. Landolfi asked Mr. Falciano-if-he could put the garage out on the side facing All Angels Hill Road. Mr. Falciano replied no that there was not enough room. Mr. Landolfi noted that the property being a corner lot limited what could be done on the lot and asked how many vehicles Mr. Falciano owned. Mr. Falciano replied that he had two cars and the garage is presentlyunder the house and the new garage would give more space and he would make another bedroom and enlarge the playroom. Mr. Mc Millen asked if he would be moving the wall and bringing the peak up. Zoning Board of Appeals -5- June 13th, 1978 Mr. Falciano replied yes. The Chairman then asked if there was anyone else present who wished to be heard for or against the Appeal. No one present wished to be heard. The hearing was closed at 8:22 p.m. Appeal # 399, at the request of Robert -Mark Realty, Inc. seeking a variance of Section 421, paragraph G of the Town of Wappinger Zoning Ordinance, to permit them to erect a 4' by 6' free-standing sign on Lot 54 of the Spook Hill Estates Subdivision, being parcel # 6257-01-172676, in the Town of Wappinger. Mr. Mark Droumbakis of Robert -Mark Realty, Inc. was present and noted that the attorney had been present at last month's meeting. Mr. Droumbakis noted that he had taken three pictures of the proposed location of the sign. Mr. Landolfi noted that the firm name had no relationship to the development. Mr. Cortellino added that the sign is located where there are no lots for sale and asked if just the telephone number could be on the sign. Mr. Ruit replied that this was against the law and that you must identify yourself as a broker. Mr. Droumbakis noted that James Klein Builders would be constructing homes in the subdivision and Robert -Mark Realty was the exclusive agent for Klein. Mr. Cortellino then asked how long they thought they would need the sign. Mr. Droumbakis replied probably until the winter of next year. Mr. Mc Millen noted that the proposed locaton.was the vacant lot in the front and was parallel rather than perpendicular and was basically an advertising sign for Robert -Mark and not the development. Zoning Board of Appeals -6- June 13th, 1978 Mr. Landolfi noted that the proposed location for the sign was quite a distance from the lots to be built upon and was on quite a sharp curve and it didn't direct anyone to the building area. He then noted that Royal Estates sign as a directory type sign and asked if there was any alternative to this sign proposal. Mr. Droumbakis replied that this was what they normally do and he didn't know of any alternative. The Board then indicated to Mr. Droumbakis which homes in the subdivision were occupied. Mr. Droumbakis then gave the Board three photographs of the proposed location of the sign. The Board indicated that they would borrow the pictures and would return them to Mr. Droumbakis. No one else present wished to be heard. Discussion was closed at 8:35 p.m. NEW BUSINESS: Appeal # 401, at the request of Paris Dziadik, seeking an interpretation to establish whether or not cake decorating for sales is a customary home occupation. Mr. Paris Dziadik of New Hackensack Heights Road was present. Mr. Dziadik noted that he had talked to Mr. Ruit, Zoning Administrator, and was told that cake decorating was not listed as a customary home occupation and advised me to seek an interpretation. He added that if it was a customary home occupation he would have to get a Special Use Permit and the Board of Health has some requirements but that is no problem if it is okay with the Board. Mr. Dziadik added that his wife would be doing this as she has had schooling in this and has done this for relatives and friends and that it would be strictly on a contract basis and would advertise in the paper with the telephone number and there would be no signs. The Board had no questions and the discussion was closed at 8:36 p.m. Zoning Board of Appeals -7- June 13th, 1978 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 Wapping er. Mr. Vincent Germano and Mr. Charles Gumpert were present. Mr. Cortellino asked if the site was legally non -conforming. Mr. Ruit replied that the property was zoned HB -1 in front and RD -20 in the back and in the front portion of the property was rezoned in 1970 from GB to HB -1 and everything on the site is non -conforming. Mr. Germano noted that on a map dated revised 1974 the 18 room boarding house was indicated and was built since zoning was adopted. Mr. Mc Millen asked if there were 18 rooms. Mr. Germano replied that it was substantially complete as it was framed and roofed and there was some insulation and sheetrock up but the building permit had expired. Mr. Mc Millen commented that he felt this appeared to be an expansion of a non -conforming use. Mr. Landolfi then asked about what zoning papers there were that had been referred to. Mr. Ruit replied that a site plan had been approved for a tourist home in the GB zone but that the building permit had expired during construction and in the interim the zoning had changed. Mr. Ruit added that it was his interpretation that extensions on building permits are not allowed and a new permit must be taken out. Mr. Landolfi asked why this wasn't followed up when the permit expired. Mr. Gumpert replied that he didn't have enough money and he had put $40,000 of his own money into the building. The Board then looked at the building plans. Zoning Board of Appeals -8- June 13th, 1978 Mr. Ruit noted that he requires the stamp and seal of an engineer on building plans which are signed by the Building Inspector and added that he had the Gumpert permit files upstairs in his office. Mr. Cortellino commented that he noticed where the one story frame building would be removed there was a six car parking lot. Mr. Germano replied that in completing the 18 rooms it would require more parking. Mr. Cortellino noted that when he checked the site there was a truck parked which covered five parking spaces. Mr. Germano replied that when he took over the property there would be rules and regulations. Mr. Cortellino then asked about the ownership of the triangular piece of property as there were five unregistered vehicles on the property, one truck and four cars. Mr. Germano noted that if there were on his property he would object to them being there but he believed this was the State's property. He also noted that if the Board saw fit to allow him to finish the building he would submit complete site plans and building plans. Mr. Ruit noted that he would accept the Board's interpretation on what they will allow on the property. Mr. Germano commented that he would upgrade the property as outlined in his application regarding drainage, parking, refurbishing, etc. He added that he would be carrying the use as Mr. Gumpert planned and would rent the rooms. Mr. Cortellino asked what was the population of the apartments, bungalow, the number of renters. Mr. Gumpert replied that there were five in the front and fourteen in the large structure. Mr. Mc Millen asked if this was a motel type operation. Zoning Board of Appeals -9- June 13th, 1978 Mr. Germano replied that they would be carrying on in the kw same fashion and that the building was framed in but not finished inside nor occupied. It was noted that the residential use was in the HB zone and the trailers were in the RD zone. Mr. Mc Millen noted that he felt this was an expansion of a non -conforming use and only 50 percent would be permitted. Mr. Germano noted that Mr. Gumpert had a building permit and had invested substantial monies. Mr. Cortellino asked if there was a connection from the 1h story building. Mr. Germano replied that there was a staircase connecting the buildings. Mr. Mc Millen noted that it seemed to him that this would be at least a 100 percent expansion of a non -conforming use. Mr. Germano replied that the property isn't saleable without the completion of the building and Mr. Gumpert had gotten site LO, plan approval and a building permit for it. Mr. Mc Millen also noted that there was a heavy concentration of population on A acres. Mr. Germano replied that the site predates the Zoning Ordinance essentially. The Board then recessed for executive session at 8:55 p.m. The Board reconvened at 9:22 p.m. With regard to Appeal # 402, at the request of Joan Clark, a motion was made by Mr. Cortellino, seconded by Mr. Prager, to deny the variance as there are other alternatives available. Mr. Landolfi - abstained Motion Was Carried By Those Members Present Mn, Zoning Board of Appeals -10- June 13th, 1978 With regard to Appeal # 401, at the request of Paris Dziadik, it was the Zoning Board of Appeals' interpretation that cake decorating was not a customary home occupation. With regard to Appeal # 402, at the request of Vincent Germano, a motion was made by Mr. Prager, seconded by Mr. Cortellino, to table action. Motion Was Unanimously Carried By Those Members Present With regard to Appeal # 394, at the request of Patrick Falciano, a motion was made by Mr. Cortellino, seconded by Mr. Mc Millen, to grant the requested variance. Motion Was Unanmously Carried By Those Members Present With regard to Appeal # 399, at the request of Robert -Mark Realty, Inc., a motion was made by Mr. Mc Millen, seconded by Mr. Prager, to deny the requested variance due to the traffic hazard which exists. Motion Was Unanimously Carried BY Those Members Present With regard to Appeal # 357, at the request of Bruce Stotz, a motion was made by Mr. Prager, secpnded by Mr. Cortellino, to accept the amendment to the Board's action as prepared by Mr. Jon Holden Adams, Attorney to the Town. 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 9:30 p.m. Respectfully submitted, (Mrs.) tty-Ann Russ, Secretary br UNAPPROVED