TOWN OF HYDE PARK, N.Y. ZONING BOARD OF APPEALS MINUTES. March 24, 2004

The applicant is seeking a variance from Section 108-31 for the subdivision of a land-locked parcel and subsequent construction of a one-family dwelling. The Zoning Board of Appeals granted a variance for the Frank parcel to have access over a right-of-way from Cardinal Road to their property. The application will have to be circulated under the SEQRA regulations to Dutchess County Planning.

1 TOWN OF HYDE PARK, N.Y. ZONING BOARD OF APPEALS MINUTES March 24, 2004 PRESENT: Mary Donohue, Chair ABESENT: Stanley Frangk Dennis Eagan Anthony Scano Herbert Sweet OTHERS PRESENT: Kathleen Moss, Zoning Administrator Peter Setaro, Town Engineer Scott Volkman, Town Attorney Lorraine Turra, Secretary The Chair, Mrs. Donohue, opened the regular meeting of the Zoning Board of Appeals at approximately 7:15 p.m. The secretary was asked to note the roll. The next regular meeting of the Zoning Board of Appeals will be held on Wednesday, April 28, Since there have been a few telephone calls this week in regard to the Special Permit application submitted by Gigglesworld Corporation, the Chair announced that they are not on t he agenda this evening. People can check with the Zoning Administrator, Mrs. Moss or the Zoning Board Secretary, Lorraine Turra for any latest update regarding this application. Also, the agenda items are posted on the Town of Hyde Park web site, Mrs. Donohue then went over the agenda items and announced the following:? Mobil on the Run - continued to 5/26/04? Scott Farmer - continued to 5/26/04? Amerada Hess - continued to 5/26/04? Michael S. Kristofik - contnued to 4/28/04 MOTION made by Mr. Sweet, seconded by Mr. Scano to continue the applications as noted above. VOICE VOTE ALL IN FAVOR MINUTES: MOTION made by Mr. Scano, seconded by Mr. Sweet to approve the minutes dated January 28, The minutes dated December 10, 2003 will have to be approved at the April 28 th meeting when both Mr. Sweet and Mr. Frangk are present to approve them. VOICE VOTE ALL IN FAVOR 1

2 NEW APPLICATIONS : # MOBIL On The Run (continued to 5/26/04) Route #9 & St. Andrew s Road, Hyde Park, NY SPECIAL PERMIT - to allow a Motor Vehicle Service Station with (8) gasoline dispensers, convenience store, canopy and single stall car wash. - Section E(4) # MICHAEL S. KRISTOFIK (continued to 4/28/04) Two Woodfield Road, Hyde Park, NY VARIANCE to allow non-owner occupied Home Occupation (Section Definitions) # PHILIP AHEARN 242 Mills Cross Road, Staatsburg (Hyde Park) NY SPECIAL PERMIT to allow an accessory apartment in a single - family dwelling - Section & Section 108-7J(2) Mrs. Jill Ahearn was present to explain her application to the Board and respond to questions or concerns. She and her husband would like to construct an accessory apartment in a single -family dwelling that is just in the process of construction. In the meantime, her father died and she would like to have an apartment for her mother. The proposed apartment is 1,111 sq. ft. which is 28% of the proposed finished area (can not be over 35%.) Board members looked at the plans submitted and noted that Mr. Barger is the Engineer. A letter from Dutchess County Department of Health was submitted for the file and the applicant was advised that a letter from the engineer is required stating that, in his opinion, the water and SDS system will be sufficient to handle both the new house and the proposed apartment. It was noted that no site plan approval is required in a residential area for an accessory apartment in a single-family dwelling. MOTION made by Mr. Sweet, seconded by Mr. Scano to process this application as a Type I action, schedule a Public Hearing for Wednesday, April 28, 2004 and circulate to interested and involved agencies under SEQRA as noted in the file. VOICE VOTE ALL IN FAVOR # JOANNE B. SQUIER 18 Gilbert Drive, Hyde Park, NY VARIANCES front yard setback from 50 ft. to 20 ft. and front yard setback from 50 ft. to 24 ft. for the placement of a pool (Section ) Mrs. Squier has appeared before the Board before and was present this evening to explain her application to the Board and answer questions or concerns. This parcel is a corner lot and in addition to the pool she has a fabric temporary garage structure located on the property. Another structure was taken down because she had a problem with a neighbor because his vision was obstructed when coming out of his driveway. 2

3 Mrs. Squier agreed to call Mrs. Moss, Zoning Administrator with the correct measurements for advertisement in the Poughkeepsie Journal as required by the Zoning Code. The Board looked at the final plan and Mrs. Squier confirmed that they are not placing a deck on the pool at this time. Instead, in order to obtain a building permit, there will be a locked gate and door to enter the pool. Also, the entire property has a chain link fence around it and in answer to a question from the Board, Mrs. Squier confirmed that there is a small garage located on the property. Mrs. Donohue asked if they are planning to move whatever is in the fabric temporary structure into the garage and the applicant s son explained that when they clean up the property, that is something they are planning to do. Mrs. Moss clarified that the Town Highway Superintendent has no concern about the fence located in the Town s right-of-way. Mrs. Squire agreed to submit a plot plan indicating the placement of the SDS system before the next meeting, April 28, There were no further questions from the Board. MOTION made by Mr. Sweet, seconded by Mr. Scano to classify Application # as a Type II action and schedule a Public Hearing on Wednesday, April 28, VOICE VOTE ALL IN FAVOR. # DALE BLUE 20 Dutchess Hill Road, Poughkeepsie (Hyde Park) NY SPECIAL PERMIT to allow a horse stable on a lot zoned R40 and with an established principal use of single -family dwelling - Section 108-9D(17) # DALE BLUE 20 Dutchess Hill Road, Poughkeepsie (Hyde Park) NY VARIANCE to allow lot size for a animal husbandry from 10 acres to 4.72 acres and setback from a property line from 100 ft. to 70 ft. Section and 108-9D(17) Mr. Dale Blue was present to explain his application to the Board and answer questions or address concerns. In answer to a question from the Board, he clarified that there would only be a single horse on the property and there will be more than enough pastureland. The regulations for Animal Husbandry were explained to the applicant, i.e. 100-ft. from a lot line and 250 ft. from any adjacent residence. Mr. Blue stated the house on the adjoining property sits very close to the road and he is pretty sure that it is far enough away and will not require a variance. Board members looked at the map submitted and pointed out that the applicant will have to establish a fence line for the one horse that will be on the property, 100 ft. from the lot lines and 250 ft. from an adjacent residence. There is no restriction as to what type of fence must be erected. Mrs. Donohue pointed out that this parcel is on a County Road and explained that the application will have to be circulated under the SEQRA regulations to Dutchess County Planning, Roosevelt Fire Department, Dutchess County Soil and Water and Town of Hyde Park Planning Board. In addition, the applicant was asked to submit a plan before the next meeting indicating the location of the fence as well as adjacent wells. 3

4 MOTION made by Mr. Scano, seconded by Mr. Eagan to classify Application # and Application # as Type I actions, circulate under SEQRA to involved and interested agencies and set a Public Hearing date for Wednesday, April 28, # DUTCHESS COUNTY BOARD OF COOPERATIVE EDUCATIONAL SERVICES 578 Salt Point Turnpike, Poughkeepsie (Hyde Park) NY VARIANCE size & type of sign to be constructed (Section B) A letter dated March 17, 2004 was submitted for the file granting permission for Mr. David Witherwax and Mr. Walt Niemiec to represent the applicant at this meeting. Mr. Witherwax explained that Dutchess County BOCES would like to construct an electronic bulletin board type sign perpendicular to the road. They are trying to do this tastefully and tactfully but require variances for the sign in accordance with Section B. Mrs. Moss clarified that it appears that the one proposed sign is 40-sq. ft., which is well over the 24 sq. ft. allowed under Section A. Also, no plot plan or map was presented to indicate where the sign will be located and Mrs. Moss pointed out that under Section H site plan approval would also be required. Mrs. Moss also clarified that the 24-sq. ft. signage allowed in a residential district includes all of the signs on the property. In answer to a question from Mr. Scano, the applicant confirmed that the message would be changed digitally. It was also pointed out that although they want to place the sign so people have a chance to read it, they would do their best to keep the sign away from the very busy intersection of Crum Elbow and Salt Point Tunrpike. Mrs. Donohue explained that the application could not be processed at this time since it is not complete. The applicant will check how the right-of-way is determined and call Mrs. Moss with that information. Mr. Niemiec, Director of Operations pointed out that they first have to figure out who in their organization will pay for the sign and will seek input from Dutchess Co unty Department of Planning and NYS Department of Transportation. PUBLIC HEARINGS: # SCOTT M. FARMER (cease & desist letter sent) 5348 Albany Post Road, Staatsburg, NY VARIANCE to permit an apartment in an accessory building with kitchen facilities - Section 108-7G(2) # SCOTT M. FARMER (cease & desist letter sent) 5348 Albany Post Road, Staatsburg, NY SPECIAL PERMIT to allow an apartment in a dwelling in accordance with 108-7J & Section 108-9D(19) # KAREN FRANK 201 Cardinal Road, Hyde Park, NY VARIANCE to allow requirement for 25 ft. road frontage to 0 road frontage for the subdivision of a land-locked parcel and subsequent construction of a one-family dwelling (Section ) 4

5 Mr. Bauer and Mrs. Frank were present to answer further questions from the Board and the Public. The secretary confirmed that notice of Public Hearing for Application # was published in the Poughkeepsie Journal on Friday, March 19, MOTION made by Mr. Eagan, seconded by Mr. Scano to open the Public Hearing for Application # VOICE VOTE ALL IN FAVOR The applicant is seeking a variance from Section for the subdivision of a land-locked parcel and subsequent construction of a one-family dwelling. In June 2002 the Zoning Board of Appeals granted a variance for the Frank parcel to have access over a right-of-way from Cardinal Road to their property. Originally, they went to the Planning Board to subdivide the property and were referred to the Zoning Board for a variance for the road frontage. At this time they are seeking a second variance in order to allow a brother and sister to both own land and have homes on this parcel via the same right-of-way. Since the last meeting, Mr. Bauer submitted case law to the Town Attorney, Scott Volkman for his review. At this time, they are trying to divide the 30-acre parcel into two 15-acre pieces. The deed does not have any restrictions other than they have to build and maintain a roadway. Any further restrictions that should be applied to the parcel should have been stated in the deed. At this time, Mrs. Frank has a 50-ft. right-of-way and this should be sufficient for the granting of this variance. Mr. Bauer also noted that the applicants would be willing to have a condition attached to the approval, i.e. that the property will not be subdivided again. He also pointed out that a Public Hearing was scheduled approximately one year ago and there was no objection at that time from the property owner of the easement. Mrs. Donohue asked why the Public Hearing was not concluded and voted on if permission was granted by Mr. Miller who owns the 50 ft. right-of-way? Mr. Bauer explained that at that time he went to speak to Mr. Miller and the only issue was a personal issue with Mrs. Frank s Grandfather. He was told that he would not lift a finger to help Mrs. Frank obtain the approvals; however, he would not object. At this point in the meeting, Board members looked at the survey map and Mr. Bauer noted that Mrs. Frank has an agreement for a utility easement with another neighbor. In answer to a question from the Board, Mr. Bauer clarified that the applicant would have zero road frontage but would have a 50-ft. right-of-way. Mrs. Donohue does not agree that the intention at that time was to allow the building of two houses on this parcel. It was clarified that the right-of-way was granted in The delay is the result of one person waiting for the other before the houses can be built. In answer from a question from Mr. Eagan regarding whether or not the right-of-way is permanent or not, it was clarified that the question is whether or not the use of the right-of-way is being expanded. A letter from the prior Deputy Town Attorney, Ms. Berson dated April 8, 2003 was read for the record. Mr. Volkman noted that there is another applicant with the same problem and it seems to be an unresolved issue. However, it could easily be resolved if the owner of the right-of-way would agree to allow a second parcel the use of that right-of-way. It was also pointed out that the first variance granted could have expired by now. 5

6 Since there were no further questions from the Board, the Chair asked if there was anyone present to speak for or against this application. Mr. Robert L. Miller, Jr. 191 Cardinal Road Mr. Miller explained to the Board that he personally does not want to grant permission for two houses on that parcel. However, he has no objection to one home being built. In answer to a question from the Board, he noted that he purchased the right-of-way from his father. Mr. Miller commented that with a second house would just mean more traffic over the right -ofway. Town Attorney, Scott Volkman read the granting of the right-of-way stating that a 50-ft. right of way is granted with the condition that the owner must build and maintain a road. The Planning Board in dealing with this issue did not disagree with the granting of a variance for one lot, but did not think it was appropriate for allowing two lots off this right-of-way. A letter in the file from Steve Allen, prior Chair of the Planning Board dated March 7, 2003 was also read for the record. In that letter, he noted that, if the intent is that every new lot have a minimum of 25 ft. of actual fee title frontage abutting a road, then every new lot should have a minimum of 25 ft. road frontage. Mr. Bauer reminded the Board that after the second house is built, the rest of the property will remain as is and will have no further building. Mrs. Donohue commented that she does not understand how the Board can take action if the owner of the right-of-way has an objection. Town Attorney, Mr. Volkman suggested that the Public Hearing be continued to Wednesday, April 28, MOTION made by Mr. Eagan, seconded by Mr. Sweet to continue the Public Hearing for Application # to Wednesday, April 28, VOICE VOTE ALL IN FAVOR # AMERADA HESS CORPORATION (continued to 5/26/04) 3694 Albany Post Road (Route #9), Hyde Park, NY VARIANCES setback of underground tank from 35 ft. to 15 ft. Section (E)(7)(c) and 100 ft. separation from the stream bank - Section (A) # HANI FAKHOURI (Deerview) 1103 Route 9-G, Staatsburg (Hyde Park) N.Y. VARIANCE - to replace fuel tanks (Sections A, B & C) front yard setback from 50 ft. to 10 ft. and side yard setback from 20 ft. to 10 ft. (Section ) Mr. Hani Fakhouri, Harold Mangold, Attorney, William Boyce, former owner of the property and Tim Lynch, Engineer were present to explain the application to the Board and answer questions or concerns. The secretary confirmed that notice of Public Hearing for Applicatio n # was published in the Poughkeepsie Journal on Friday, March 19,

7 MOTION made by Mr. Eagan, seconded by Mr. Scanlon to open the Public Hearing for Application # VOICE VOTE ALL IN FAVOR Attorney Harold Mangold explained that the application before the Board has been amended and extended since 1998/1999. For the new Zoning Board members present who are not familiar with this application Mr. Mangold gave a verbal presentation, with the assistanc e of the former owner, Mr. Boyce. Mr. Mangold presented old photos of the business, which is a gas station just past Connolly Drive on Route #9G called, Deerview and has been in business at that location since the early 1940 s. Through a series of questions presented to Mr. Boyce, the following facts were noted:? Mr. Boyce was the prior owner of this property.? Mr. Boyce purchased the property from Mr. Talbert whose father owned the property since the early 1940's.? The property has always been a gas station with a small amount of service and repair done on that site.? An old sign presented to the Board showed a sign American Gas and the pumps shown in the photo are in the same place as they are now.? The old sign is what the gas station looked like at that time and the garage was placed on the property by Mr. Talbert.? Two photos were presented to the Board, the small photo from 1940 showed the gas islands and pumps and the smaller photo from about 1947 showed that the highway had already been moved to straighten out Route #9G.? Mr. Boyce confirmed that repair services were offered at the gas station, including tire repair, and before he purchased the station in 1994 he took his own car there for gas and repairs.? Mr. Boyce noted that while he was still operating the gas station, he sold accessories and there was a space in the deli for that purpose.? Mr. Boyce received a letter dated April 8, 1999 from the NYS Department of Environmental Conservation informing him that the metal tanks would have to be replaced with newer fiber glass tanks. He would have been sanctioned if he did not replace the tanks within a certain period of time.? Mr. Boyce confirmed that there is a deli located on the property with an apartment upstairs but he had no idea when the building was constructed.? In 1998 Mr. Boyce asked the Zoning Board for a permission to move the gas tanks and at that time the Zoning Board noted that the land running across his property belonged to the NYS Department of Transportation. 7

8 ? Mr. Boyce was advised that under those circumstances, the Zoning Board could not grant permission to move the tanks because the tanks were not on his property.? After a long period of time, with the assistance of Attorney Mangold working with the NYS Department of Transportation, Mr. Boyce was allowed to purchase a piece of land from the County so that the tanks could be replaced.? It was a very long and time-consuming process in order for Mr. Boyce to purchase the strip of land from Dutchess County. Mr. Mangold confirmed that it took 2 years, 9 months and 8 days from the date of the application to the date when Mr. Boyce received title.? Title to this piece of property finally placed the island and pumps on th e Deerview site and Mr. Boyce then, in turn, sold the property to Mr. Hani Fakhouri.? Mr. Boyce confirmed that the NYS Department of Transportation advised that he would have to turn off the tanks and have them pumped out.? The gas station sits all by itself on Route #9G; the next station is ten miles away.? The Deerview property has Crum Elbow Creek running through it with a building setback of 100 ft. required. At this point in the meeting, Mr. Mangold asked if there were any questions from the Board. Mrs. Donohue asked if the tanks are still in the ground and if any tests have been done regarding soil contamination. Mr. Mangold explained that once the tanks are removed, then the soil could be tested and the tanks would have to be pressure tested. Mrs. Donohue then asked if Mr. Boyce ever did repairs on the site? Mr. Boyce explained that the property was basically used as a gas station and convenience store however, he explained that although he did not do extensive repairs, at times he did put cars on the lift to check for leaks and change the oil. A letter from Dutchess County dated March 23, 2004 was read for the record and is attached. The secretary confirmed that the County was sent a complete package of information, including future plans to rebuild the deli and the application may have to be re-circulated with only the plan for the gas tanks. At this point in the meeting, Mr. Lynch passed out a new Map C1.03 showing the removal of the existing garage with the island staying in the same place there will be two pumps with one nozzle for diesel fuel. Mr. Mangold pointed out that by having larger tanks, the amount of gas that is pumped would be the same as what was pumped before. The storage will be larger but the amount of gas pumped will be the same. Regular, Super and Diesel will be pumped from the station and there will be no change in the building or the shed. The only change will be the larger tanks and on the positive side there will be less traffic and parking of the deli very trucks on the road. 8

9 Mr. Lynch pointed out that they are working with an existing non-conforming setback for the garage; the setback for #1 is 50 ft. and for #2 is 35 ft. and there is nothing on the parcel to the north. Several different options were presented to the Board for their review and comments and it was noted that two out of the three options would not require a variance for setbacks. However, the applicant would still require a variance for the non-conforming use. Mr. Eagan asked how large the delivery truck would be and the applicant explained that it would be a two-wheeler about 30 ft. long; however, it would not be a tractor-trailer The delivery truck itself has different compartments for the various grades of gasoline. In answer to a question from the Board, it was determined that there is 27 ft. from the building to the property line. At this time, the plan showing the extension of the building was withdrawn. He also commented that the back yard of the parcel is very limited, i.e. out of a 1.22 acre parcel only.33 acres can be used or 27% of the entire parcel. Mr. Volkman, Town Attorney reminded the Board that they are obligated to grant the minimum variance necessary or no variance at all. At this point in the meeting, Mrs. Donoh ue asked for comments or questions from the public. Ms. McBride and John Fassett 1907 Route #9G They explained to the Board that they own the house to the south of this property and their well is about 300 ft. from the property line. Their concerns ar e that when they purchased the house in November there was not an operating gas station 100-ft. from the Crum Elbow Creek. Although the new tanks are much safer than the older tanks, their concern is the possible leakage from the gas station into the creek. The first they heard about this was the notice they received about tonight s meeting and they have not even had the time to discuss this with anyone. Ms, McBride stated that the well is located to the north of the house, between the house and the gas station. Their driveway comes off North Cross Road and in answer to a question from the Board, they clarified that the house is only two years old. According to their survey map, the garage is right on the property line. They purchased the house already built and although they knew the Deerview building was there when they purchased it, they had no idea that the gas station would be reopened. Their well was tested for bacteria, but not for gasoline additives. Mr. Volkman commented that there is no urg ency to proceed since this application has been going on for a long time. After the letter from Dutchess County Planning is considered, the Zoning Board of Appeals should narrow the scope down and see whether or not the Planning Board has any comments and this would depend on what proposal the applicant wants to go forward with. Mrs. Donohue was in agreement and noted that she would like the Planning Board to weigh in and give the Zoning Board their opinion as an interested agency. Attorney Mangold asked the Zoning Board to come up with a plan that they would prefer and noted that he has no objection to re-circulating the application as an Unlisted Action under SEQRA. The only section of the Zoning Code relating to non-conforming uses (Sections A.,108-45B. and Section D). determines that this application is an Unlisted Action. Mr. Mangold reminded the Board that the basic application is for a permit to replace the tanks and it is only the underground storage tanks that are being expanded. The determination that the tanks are considered structures brings in the setback variances. 9

10 It was pointed out that the Dutchess County Department of Planning was concerned about the total amount of gasoline stored on the site. Mr. Volkman pointed out that even if the Board approved the two 8,000 gallon tanks and one 1,000 gallon tank for diesel, it is still not less than what is on the property now. MOTION made by Mr. Scano, seconded by Mr. Sweet to re-advertise Application # change the type action from Type II to Unlisted and schedule a Public Hearing for Wednesday, April 28, VOICE VOTE ALL IN FAVOR # THE CULINARY INSTITUTE OF AMERICA ADMISSIONS BUILDING (Grid # s & ) VARIANCES - side yard setback from 15 ft to 0 ft. (Section ); parking stall size from 10 ft. x 20 ft. to 9 ft. x 18 ft. and aisle width from 26 ft. to 24 ft. - Section (D) # THE CULINARY INSTITUTE OF AMERICA ANTON PLAZA (Grid #906630) VARIANCES parking stall from 10 ft. x 20 ft. to 9 ft. x 18 ft. and aisle width from 26 ft. to 24 ft. (Section (D) # THE CULINARY INSTITUTE OF AMERICA Albany Post Road, Hyde Park, NY SPECIAL PERMIT Commercial Storage Trailers (Section ) Mr. Jon Adams, Attorney, Thomas Hurst, Becky Oetjen and John Gaci were all present to represent the applicant. MOTION made by Mr. Eagan, seconded by Mr. Sweet to open the Public Hearings for all three applications: # Variances for the Admissions Building, # Variances for the Anton Plaza and Application # Special Permit for Commercial Storage Trailers. VOICE VOTE ALL IN FAVOR Mr. Herbert Sweet read and completed Part 2 of the SEQRA application. There was some discussion regarding the merging of parcels. It was determined that since the variance for the building setback is not substantial and the property line is irregularly shaped, as well as the fact that the school will become owner of record in due time, makes the merging of properties unnecessary. MOTION made by Mr. Sweet, seconded by Mr. Scano to issue a Negative Declaration for The Culinary Institute of America: Admissions Building; Anton Plaza an d Student Housing. VOICE VOTE ALL IN FAVOR 10

11 MOTION made by Mr. Scano, seconded by Mr. Sweet to close the Public Hearings for all three applications: # Variances for the Admissions Building, # Variances for the Anton Plaza and Application # Special Permit for Commercial Storage Trailers. VOICE VOTE ALL IN FAVOR A Resolution granting Application # and dated March 24, 2004 ADMISSIONS BUILDING (Grid # s & ) for a side yard setback from 15 ft to 0 ft. (Section ;) parking stall size from 10 ft. x 20 ft. to 9 ft. x 18 ft. and aisle width from 26 ft. to 24 ft. - Section (D) was read by Mr. Sweet, seconded by Mr. Scano. Offered by: Mr. Sweet The Board was polled as follows : Seconded by: Mr. Scano Dennis Eagan - AYE Stanley Frangk - ABSENT Anthony Scano - AYE Herbert Sweet - AYE Mary Donohue - AYE A Resolution granting Application # and dated March 24, 2004 ANTON PLAZA (Grid #906630) to allow parking stall size from 10 ft. x 20 ft. to 9 ft. x 18 ft. and aisle width from 26 ft. to 24 ft. (Section (D) was read by Mr. Eagan, seconded by Mr. Scano. Offered by: Mr. Eagan The Board was polled as follows : Seconded by: Mr. Scano Dennis Eagan - AYE Stanley Frangk - ABSENT Anthony Scano - AYE Herbert Sweet - AYE Mary Donohue - AYE A Resolution granting Application # and dated March 24, SPECIAL PERMIT for Commercial Storage Trailers (Section ) was read by Mr. Scano, seconded by Mr. Sweet. Offered by: Mr. Scano The Board was polled as follows : Seconded by: Mr. Sweet Dennis Eagan - AYE Stanley Frangk - ABSENT Anthony Scano - AYE Herbert Sweet - AYE Mary Donohue - AYE # PAULO RUSSO 28 Cedar Lane, Hyde Park, NY VARIANCE frontage from 25 ft. to 0 ft. (with access through an adjoining parcel owned by the applicant (Section & Section 280a) Mr. Russo was present to explain his application to the Board and answer questions or concerns. The secretary confirmed that notice of the Public Hearing for Application # was published in the Poughkeepsie Journal on Friday, March 19,

12 MOTION to open the Public Hearing for Application # was made by Mr. Sweet, seconded by Mr. Scano. VOICE VOTE ALL IN FAVOR Mr. Russo explained that he owns a 74-acre parcel on Cedar Lane and he wants to build one house on that parcel. He also owns the right-of-way from Cedar Lane to four other properties located on that road. At the request of the Board, Mr. Russo pointed out on the site plan the properties that he owns and noted that the right-of-way he owns allows access to the 74-acre parcel. In answer to a question, Mr. Russo noted that there are four houses that have access over his right-of-way. Mrs. Donohue asked why the lots could not be merged and Mrs. Moss commented that with four houses already having access over this right-of-way there could be future problems. Town Attorney, Scott Volkman asked the applicant if there is a Maintenance Agreement for the right - of-way? Mr. Russo explained that each property owner maintains his or her section of the right - of-way and there is no official agreement for the maintenance. However, Mrs. Moss, Zoning Administrator, pointed out that a Maintenance Agreement was signed as part of an application for the Buotte s and it was not clear why Mr. Russo, the owner of the right-of-way, was not a part of that Maintenance Agreement. In answer to a question from Mr. Volkman, Mr. Russo noted that he purchased the right -of-way in 1975 at the same time he purchased the property. The right-of-way is a dirt/gravel road and there was a question as to whether emergency vehicles can access the property. Mr. Russo would like to give the right-of-way to the Town of Hyde Park since at one time the property was all one piece and now there are six properties having access from a right -of-way that Mr. Rus so owns. Mr. Ray Travis representing his father, Rich Tanner explained that the first house was built in 1953 and the owner of that property maintained the road. In 1980 he and his father spent thousands of dollars to maintain the road and it was all set to turn the road over to the Town. He questioned how many new houses could be built without the road being maintained? Mr. Travis noted that he has tried every angle to have the Town take over this road. It was pointed out that Mr. Russo owns the right of way and has access to a Town Road. After much discussion it was determined that this has been an evolving problem. Eight years ago the homeowners spent $4,500 to put a pipe under the road Attorney Volkman pointed out that he will have to put together a Chain of Title to clear up how a Maintenance Agreement was signed without the owner of the property named in the document. He suggested that the Public Hearing be continued to allow time to research this matter. MOTION made by Mr. Sweet, seconded by Mr. Eagan to continue the Public Hearing for Application # to April 28, VOICE VOTE ALL IN FAVOR # SCOTT TRAVIS 137 Forest Drive, Hyde Park, NY VARIANCE setback from a stream from 100 ft. to 88 ft. for an already constructed one-family dwelling (Section ) 12

13 Mr. Travis was present to explain his application to the Board. The secretary confirmed that notice of Public Hearing for Application # was published in the Poughkeepsie Journal on Friday, March 19, MOTION made by Mr. Sweet, seconded by Mr. Scano to open the Public Hearing for Application # VOICE VOTE ALL IN FAVOR Mr. Travis explained to the Board that when he was building the house he found it was too close to the stream because of a stone ridge that runs on the property. At the time, he did not think there would be a problem. Mr. Eagan asked the applicant if he picked the position where the foundation was to be built and Mr. Travis commented that he did an estimated line from the road to where the foundation would be placed. However, he had to go up and down and tried to over compensate for this measurement. In answer to a question from the Board, Mr. Travis replied that this is a two-lot subdivision. There was no one present to speak for or against this application. In answer to a question from Mr. Eagan, the applicant noted that he is probably even with the knoll but the stream is greater in elevation. MOTION made by Mr. Scano, seconded by Mr. Sweet to close the Public Hearing for Application # VOICE VOTE ALL IN FAVOR A Resolution granting Application # and dated March 24, 2004 to allow the setback from a stream from 100 ft. to 88 ft. for an already constructed one-family dwelling (Section ) was read by Mr. Sweet, seconded by Mr. Eagan. Offered by: Mr. Sweet The Board was polled as follows : Seconded by: Mr. Eagan Dennis Eagan - AYE Stanley Frangk - ABSENT Anthony Scano - AYE Herbert Sweet - AYE Mary Donohue - AYE OTHER BUSINESS: # DORIS PEARSON (removed from agenda ) 171 Cardinal Road, Hyde Park, NY SPECIAL PERMIT to allow an accessory apartment in a single - family residence - Section 108-9D(19) Planning Board Lead Agency Request : The Commons at Hyde Park, LP Route #9, Hyde Park, NY 732 Apartments north of The Ledges 13

14 MOTION made by Mr. Sweet, seconded by Mr. Scano to allow the Town of Hyde Park Planning Board to act as lead agency for The Commons at Hyde Park, LP VOICE VOTE ALL IN FAVOR Since there was no further business to be discussed, the meeting was adjourned at approximately 11:00 p.m. Respectfully submitted, :lt Lorraine Turra Secretary 5/5/04 Atts. 14