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2004-10-26 ZONING BOARD OF APPEALS October 26, 2004 '-" Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: October 26, 2004 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for September 28, 2004. Approve minutes for October 13, 2004. Public Hearing: Chelsea Rid2e. LLC -Seeking an area variance of Section 240-29F.(2)(a) of District Regulations in an NB Zoning District. - Where a front yard setback of 25 feet is reQuired, the applicant is proposing a front yard setback of 10 feet to allow for a freestandin2 si2n. thus reQuestin2 a variance of 15 feet. The property is located on 1-8 Chelsea Rid2e Mall and is identified as Tax Grid No. 6056-02-635539 in the Town of Wappinger. 04- 7244 Frank & Elsa Nicodemus/Mid-Hudson Castle \..,. -Seeking an area variance of Section 240-29F.(2)(a) of District Regulations in an CC Zoning District. - Where a front yard setback of 25 feet is reQuired, the applicant is proposing a front yard setback of 0 feet to allow for a freestandin2 si2n. thus reQUestin2 a variance of 25 feet to allow the si2n to be placed in the DOT ri2ht of way. - Where a sign may not exceed 25 square feet in size, the applicant is proposin2 a double faced free standin2 li2hted si2n in the size of 45 SQuare feet, thus reQUestin2 a variance of 20 sQuare feet. The property is located on 1090 Route 376 and is identified as Tax Grid No. 6358-01- 296627 in the Town of Wappinger. 04-7245 Auto Ele2ance -Seeking an area variance of Section 240-70A of District Regulations in an HM Zoning District. - Where a minimum lot area of 2 acres is reQuired, the applicant is proposing a lot size of .32 acres. thus reQUestin2 a variance of 1.68 acres. ~ 1 ZONING BOARD OF APPEALS October 26, 2004 '-' -Seeking an area variance of Section 240-70C of District Regulations in an HM Zoning District. - Where the location of overhead doors shall not face any street, the applicant is proposing the doors on the existinf! buildinf! and the proposed buildinf! to stay. thus reQuestinf! a waiver on this variance. -Seeking an area variance of Section 240-70G of District Regulations in an HM Zoning District. - Where the location of a repair f!araf!e shall not be permitted within 200 feet of a place of worship, the applicant is proposing that the buildinf! alreadv exits. thus reQuestinf! a waiver on this variance. -Seeking an area variance of Section 240-37 of District Regulations in an HM Zoning District. - Where the minimum of 75 feet to a state hif!hwav is required, the applicant can provide 6.8 feet that currentlv exists, thus reQuestinf! a variance of 68.4 feet. The property is located on 3 Marlorville Road and is identified as Tax Grid No. 6157- 01-073649 in the Town of Wappinger. Discussions: '-' Appeal No. 04-7239 Lucien & Linda Cicif!line -Seeking an area variance of Section 240-37 of District Regulations in an R-l 0 Zoning District. - Where a side yard setback of 12 feet is required, the applicant is proposing a side yard setback of 2 feet on each side to allow for a 26 X 40 foot 2-car f!araf!e. thus reQuestinf! a variance of 10 feet. - Where a rear yard setback of 25 feet is required, the applicant is proposing a rear yard setback of 10 feet to allow for a 26 X 40 foot 2-car f!araf!e. thus reQuestinf! a variance of 15 feet. The property is located on 376 River Road South and is identified as Tax Grid No. 5956-12-926552 in the Town of Wappinger. 00-7068-04 Gasland Petroleum Co. - To revisit application of Real Holding Corp. The property is located on Route 9 & Old Hopewell Road and is identified as Tax Grid No. 6157-02- 610544 in the Town of Wappinger. '-" 2 ZONING BOARD OF APPEALS October 26, 2004 \.... Amended on October 25, 2004 Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: October 26, 2004 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for September 28, 2004. Approve minutes for October 13, 2004. Public Hearing: MINUTES APPROVED NOv'e,g .. Chelsea Rid2e. LLC -Seeking an area variance of Section 240-29F.(2)(a) of District Regulations in an NB Zoning District. - Where a front yard setback of 25 feet is required, the applicant is proposing a front yard setback of 10 feet to allow for a freestandin2 si2n. thus reQUestin2 a variance of 15 feet. The property is located on 1-8 Chelsea Rid2e Mall and is identified as Tax Grid No. 6056-02-635539 in the Town of Wappinger. \.r 04- 7244 Frank & Elsa Nicodemus/Mid-Hudson Castle -Seeking an area variance of Section 240-29F.(2)(a) of District Regulations in an CC Zoning District. - Where a front yard setback of 25 feet is reQuired, the applicant is proposing a front yard setback of 0 feet to allow for a freestandin2 si2n. thus reQUestin2 a variance of 25 feet to allow the si2n to be placed in the DOT ri2ht of way. - Where a sign may not exceed 25 square feet in size, the applicant is proposin2 a double faced free standin2 li2hted si2n in the size of 45 square feet, thus reQUestin2 a variance of 20 square feet. The property is located on 1090 Route 376 and is identified as Tax Grid No. 6358-01- 296627 in the Town of Wappinger. 04-7245 Auto Ele2ance -Seeking an area variance of Section 240-70A of District Regulations in an HM Zoning District. - Where a minimum lot area of 2 acres is required, the applicant is proposing a lot size of .32 acres. thus reQUestin2 a variance of 1.68 acres. ~ 1 Town of Wappinger Zoning Board of Appeals \.... Mr. Warren: Mr. diPiemo: Vote: Mr. Warren: Mr. diPiemo: Vote: Page 2 Minutes of October 26, 2004 Motion to approve Minutes for September 28, 2004. Second the motion. All present voted aye. Motion to approve Site Minutes for October 13, 2004. Second the motion. All present voted aye. Chelsea Ridl!:e. LLC -Seeking an area variance of Section 240-29F.(2)(a) of District Regulations in an NB Zoning District. - Where a front yard setback of 25 feet is reauired, the applicant is proposing a front yard setback of 10 feet to allow for a freestandinl!: sil!:D. thus reauestinl!: a variance of 15 feet. The property is located on 1-8 Chelsea Ridl!:e Mall and is identified as Tax Grid No. 6056-02-635539 in the Town of Wappinger. \... Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mrs. Roberti: Mr. Fanuele: Mr. Leery: Mr. Fanuele: ~ Motion to open the public hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. Swore in the applicant. Scott Leery, Great American Signs. We are proposing an illuminated sign within sign regulations, approximately 4 foot by 6 Y2 feet. We have drawings and identifications as to where it will be placed. Because of the elevations of the property we are asking to have it moved closer to Route 9D in order to gain some visibility. This will also minimize the amount of property used for this sign. Its location is going to be next to where it was originally approved by the planning board in 1981. We received a letter from the DOT and they wrote that this will have no impact to the State Highway. We also received a letter from a neighbor across the street who objected to it. Does anyone on the board have a comment in the placing ofthis sign? Town of Wappinger Zoning Board of Appeals ~ Mr. diPiemo: Mr. Leery: Mr. Fanuele: Mr. diPierno: Mr. DellaCorte: Vote: Mr. diPierno: Mr. Warren: Roll Call: \.... Page 3 Minutes of October 26, 2004 Is the sign that was previously approved there? Actually there was a sign there many years ago that wasn't on the plan or in the location specified on the plan. That sign is no longer there. It was set back further on the property and we want to follow more closely to what was originally approved. Does anyone in the audience have a comment or question? Hearing none. For the record we did do a site visit on this property. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. It will not be detrimental to the surrounding properties. It will not create an undesirable affect, there are alternatives, it is not substantial and it is self-created. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. 04-7244 Frank & Elsa Nicodemus/Mid-Hudson Castle -Seeking an area variance of Section 240-29F.(2)(a) of District Regulations in a CC Zoning District. - Where a front yard setback of 25 feet is required, the applicant is proposing a front yard setback of 0 feet to allow for a freestandine: sie:n. thus reQuestine: a variance of 25 feet to allow the sie:n to be placed in the DOT rie:ht of way. - Where a sign may not exceed 25 square feet in size, the applicant is proposine: a double faced free standine: lie:hted sie:n in the size of 45 square feet, thus reQuestine: a variance of 20 square feet. The property is located on 1090 Route 376 and is identified as Tax Grid No. 6358-01- 296627 in the Town of Wappinger. Mr. diPierno: Mr. Warren: Vote: Mr. Fanuele: Mrs. Roberti: \.,. Motion to open the public hearing. Second the motion. All present voted aye. Are the mailings in order? Yes. Town of Wappinger Zoning Board of Appeals '-' Mr. Fanuele: Mrs. Nicodemus: Mr. Fanuele: Mr. diPiemo: Mr. Fanuele: Mr. diPierno: Mr. DellaCorte: Vote: Mr. diPierno: \.. Mr. Warren: Roll Call: Page 4 Minutes of October 26, 2004 Swore in the applicant. This building has a huge setback from the road. We need a sign to allow people to see what's there in the building and what's going on there. We have needed a sign for a good number of years. The DOT has a 40 foot setback so if! go in another 25 feet, I'm offthe road 65 feet. So even with a zero setback I would still be 40 feet off the road where cars drive 50 mph. Does anyone on the board have a question or comment? We also did a site inspection here. Is there anyone in the audience with a question or comment? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the variance. This will not be undesirable or detrimental to nearby properties. This is substantial and is self created but should have no adverse effect on the area. The condition is that the sign be placed entirely on your property and not on the DOT ROW. Second the motion. Mr. Warren: Aye. Mr. diPiemo: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. 04-7245 Auto Elel!ance -Seeking an area variance of Section 240-70A of District Regulations in an HM Zoning District. - Where a minimum lot area of 2 acres is required, the applicant is proposing a lot size of .32 acres. thus reQuestinl! a variance of 1.68 acres. -Seeking an area variance of Section 240-70C of District Regulations in an HM Zoning District. - Where the location of overhead doors shall not face anv street, the applicant is proposing the doors on the existinl! buildinl! and the proposed buildinl! to stav. thus reQuestinl! a waiver on this variance. \... Town of Wappinger Zoning Board of Appeals \... Page 5 Minutes of October 26, 2004 -Seeking an area variance of Section 240-70G of District Regulations in an HM Zoning District. - Where the location of a repair 2ara2e shall not be permitted within 200 feet of a place of worship, the applicant is proposing that the buildin2 already exits. thus reqUestin2 a waiver on this variance. -Seeking an area variance of Section 240-37 of District Regulations in an HM Zoning District. - Where the minimum of 75 feet to a state hi2hwav is required, the applicant can provide 6.8 feet that currently exists, thus reqUestin2 a variance of 68.4 feet. The property is located on 3 Marlorville Road and is identified as Tax Grid No. 6157- 01-073649 in the Town of Wappinger. Present: Mr. Fanuele: Mr. Cappelli: Mr. Fanuele: \...- Mrs. Roberti: Mr. Cappelli: Mr. Fanuele: Mr. Cappelli: Mrs. Lukianoff: ~ Mr. Fanuele: Al Cappelli - Architect Glen Castelli - Owner You don't have a Route 9D address? No. The address id Marlorville Road Swore in the applicant. Are the mailings in order? Yes. My client is looking to expand his business facility. The house next door had a fire a short time ago and we are looking to remove the house and build an addition that would be smaller than the existing house. We will be improving the overall green space, the setbacks, the parking, the fenced area, the paving and overall appearance. The variances that we are seeking are basically pre-exiting issues to the exiting property. The doors facing 9D will remain and any new doors will be in the rear of the property. This is a non-conforming lot. The location of the doors and the church across the street and the distance are all pre-exiting to zoning. My question is do I need a variance for the addition that is going in now? I went from the closest point which is the existing building and I am stepping back the new addition from that point. So then I went with the distance to the existing part which is closer. I think the 75 feet can cover both sites so if you grant the variance you could say it's for both buildings. What's the new buildings setback? Town of Wappinger Zoning Board of Appeals ~ Mr. Cappelli: Mr. Fanuele: Mr. Besset: Mr. Conklin: Mr. Fanuele: Mr. Cappelli: Mr. DellaCorte: ~ Mr. Castelli: Mr. DellaCorte: Mr. diPierno: Mr. Warren: Mr. DellaCorte: Mr. Castelli: Mr. Fanuele: Mr. Castelli: Mr. DellaCorte: ~ Page 6 Minutes of October 26, 2004 It is 12 feet to the porch and 16 feet to the actual building. Does anyone in the audience have any comments for or against? Mr. Besset, 2369 Route 9D. I'm next door and I'm not opposed to it. I am happy with the way it will look. Charles Conklin, 2357 Route 9D. They are good neighbors and I have no objections. Does anyone on the board have any comments? The only question that really came up was the doors that face 9D. That there is too much activity there and it's so close to the road. We don't want to have any activity there and we want the doors to remain closed. That was brought to my attention this past week and the owner has since submitted a letter to this board hopefully to address those concerns. He is spilling over into the street and once he builds out he will spray paint in the rear as well as rinsing the cars. I would also like to see the doors kept closed except when moving cars in and out. In the summertime it gets extremely hot in there and we really need the air movement for ventilation. I go by 2 or 3 times a day and they are almost always open. Do you need both ofthem open? The main reason is for ventilation. Do you have equipment to clean the environment? It's not for paint fumes it is open for the dust. Do you need state approval? No I am grandfathered. I had no room before but I would like to put in an EP A booth in and right now I have no way of doing that. Today for example you had a car half in and half out. It's very unappealing. The neighbors don't seem to care but.... Town of Wappinger Zoning Board of Appeals '-' Mr. Castelli: Mr. DellaCorte: Mr. Castelli: Mr. Fanuele: Mr. diPierno: Mr. DellaCorte: Vote: Mr. diPierno: \.... Mr. Warren: Roll Call: Page 7 Minutes of October 26, 2004 Another thing too from my point is that a lot of people don't even know we are a body shop. Our sign is small but they see us working on nice cars and that draws them in. Are you also selling cars there? No, only my personal cars. Once we add on we can work in the rear. Anyone else? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Motion to grant the four variances with the following conditions. We are putting restrictions on the work in the front. All car washing and repair or painting will be done only in the rear subject to Mr. Castelli's letter. There are alternatives but it is not detrimental to the neighborhood according to his neighbors. There will be no substantial change to the character of the neighborhood since the business is already there. It is self- created but will cause no adverse affects and he is making this more conforming. Second the motion. Mr. Warren: Aye. Mr. diPierno: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Appeal No. 04-7239 Lucien & Linda Cicie:line -Seeking an area variance of Section 240-37 of District Regulations in an R-IO Zoning District. - Where a side yard setback of 12 feet is required, the applicant is proposing a side yard setback of 2 feet on each side to allow for a 26 X 40 foot 2-car e:arae:e. thus reQuestine: a variance of 10 feet. - Where a rear yard setback of 25 feet is required, the applicant is proposing a rear yard setback of 10 feet to allow for a 26 X 40 foot 2-car e:arae:e. thus reQuestine: a variance of 15 feet. The property is located on 376 River Road South and is identified as Tax Grid No. 5956-12-926552 in the Town of Wappinger. '-' Town of Wappinger Zoning Board of Appeals ~ Mr. Cicigline: Mr. diPiemo: Mr. Cicigline: Mr. Fanuele: Page 8 Minutes of October 26, 2004 I have no garage and my property is not squared offbut is a comer piece of property. There is no house near where I want to put my garage. I have two antique vehicles, a truck and a car that I would like the garage for. If I put the garage in the yard without a variance I would be obstructing the river views from my neighbors. How big is your lot? It is .46 of an acre. Usually we grant variances because there is not enough room. In your case you have plenty of room for this. Ifthere was no room this would be different. Mr. Cicigline: But then I would be blocking the views from my neighbors. It would be among another garage and a bam. Mr. diPiemo: So you want it in this panhandle? Mr. Cicigline: Yes. '-' Mr. Warren: How long are you there? Mr. Cicigline: 4 years. Mr. DellaCorte: Is that a wrap around driveway? Mr. Cicigline: Yes but I wouldn't be using it. Mr. Fanuele: If you have the room you should be using it. Mr. Fanuele: Mrs. Lukianoff: Mr. Fanuele: \..- At this time Mr. Cicigline went up to the board to show them pictures. Can he put this garage so close to that bam? He shows a two foot setback and three feet is the minimum allowed although if you increase the fire rating it could work. He must have a minimum of 6 feet from the other building though. We will do a site visit this Saturday, October 30,2004 and your public hearing will be on November 9,2004. Town of Wappinger Zoning Board of Appeals Page 9 Minutes of October 26, 2004 '-' Mr. diPierno: Mr. DellaCorte: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 8:30 PM Respectfully Submitted, ~&M/~<<~r Bif?;a Roberti, Secretary Secretary - Zoning Board of Appeals \.,. ~