TOWN OF HYDE PARK, N.Y.
ZONING BOARD OF APPEALS
FEBRUARY 27, 2002
PRESENT: Mary Donohue, Chair
Stanley Frangk, Vice Chair
Diane DiNapoli
Donald Matera
John Scanlon
OTHERS PRESENT: George Rodenhausen, Town Attorney
Peter Setaro, Town Engineer
Kathleen Moss, Zoning Administrator
Lorraine Turra, Secretary
Mary Donohue welcomed everyone to the regular meeting of the Zoning Board of Appeals. She introduced the new member of the Zoning Board, Diane DiNapoli who was appointed by the Town Board on Monday, February 25th.
MOTION made by Mr. Matera, seconded by Mr. Scanlon to open the meeting at 7:15 p.m. VOICE VOTE – ALL IN FAVOR
(4) AYES (0) NAYS – MOTION CARRIED
MINUTES:
MOTION made by Mr. Matera, seconded by Mr. Scanlon to approve the minutes dated October 24th, 2001, November 28th, 2001 and January 23, 2002. VOICE VOTE – ALL IN FAVOR
(4) AYES (0) NAYS – MOTION CARRIED
Mrs. Donohue noted that there will be some applications not being heard tonight; Mobil “On the Run”, Deer View, Inc. and Crofton Mews
NEW APPLICATIONS :
#688-2001 MOBIL “On The Run”
Route #9 & St. Andrew’s Road, Hyde Park, NY
SPECIAL PERMIT - to allow a convenience store with (6) gasoline dispensers, canopy and single stall car wash. - Section 108-21E(4)
Mrs. Donohue explained that on January 23rd it was requested that this application be continued as a New Application to March 27, 2002.
#755-2001 PAUL & HENRIETTA D’SOUZA
5098 Albany Post Road, Staatsburg, NY 12580
VARIANCE – rear yard setback from 35 ft. to 10 ft. (Section 108-16)
lots bordering streams from 100 ft. to 50 ft. (Section 108-40)
for the construction of a storage shed
Mr. Paul D’Souza was present to answer questions pertaining to this application. The Chair clarified that on January 23, 2002 a motion was made to set a Public Hearing; however, in the meantime the Zoning Administrator, Mrs. Moss noted some zoning violations on the property. Therefore, this Public Hearing was not published and it has been held over as a New Application.
MOTION made by Mr. Matera, seconded by Mr. Scanlon to rescind the Public Hearing motion offered at the January 23rd meeting until the violations can be clarified. VOICE VOTE – ALL IN FAVOR
(4) AYES (0) NAYS – MOTION CARRIED
Mrs. Moss explained that a complaint was made regarding a business being operated in a residential district. Upon inspection, there were several commercial vehicles parked on the property and at various times it appeared that construction materials were being deposited on the property. A Letter of Complaint was sent to Mr. & Mrs. D’Souza and Mrs. D’Souza responded in a letter to Mrs. Moss. Mrs. Moss stated that on Sunday when she drove by there was only one commercial vehicle parked on the property. Today, again, there was only one commercial vehicle on the property. Mr. D’Souza noted that the additional vehicles were relocated and the materials on the site were there for personal home use, not business related uses.
Regarding the tent, the distance to the creek and rear yard setback are the only issues that need to be clarified at this time. After much discussion, it was agreed that the tent is located more than 100 ft. from the stream (103 ft.) After the correct measurement from the rear property line is determined (35 ft. is required) that setback will have to be added to the application in order to hold the Public Hearing on March 27th, 2002.
MOTION made by Mr. Matera, seconded by Mr. Scanlon to set a Public Hearing for Application #755-2001 on March 27, 2001 if correct measurements are submitted to the Zoning Administrator before that time. VOICE VOTE – ALL IN FAVOR
(4) AYES (0) NAYS – MOTION CARRIED
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#769-2002 JAMES J. O’KEEFE
22 Park Place, Hyde Park, NY
VARIANCE – front yard setbacks (corner lot) from 20 ft. to 8 ft. to
for the construction of a 2-story addition to the house (Section 108-16)
Mr. James O’Keefe was present to explain his application to the Board. Mrs. Donohue commented that the application does not appear to be clear as to what variances are being requested. He stated that actually from the edge of the porch to the corner is 8 ft. Mrs. Moss agreed that by definition, this variance does require two front yards (Section 108.2.) After discussion it was agreed that the property is a corner lot and the correct variances would be two front yard setbacks from 40 ft. to 8 ft.
MOTION made by Mr. Matera, seconded by Mr. Scanlon to classify Application #769-2002 as a Type II action, advertise and schedule a Public Hearing on Wednesday, March 27th. VOICE VOTE – ALL IN FAVOR.
(4) AYES (0) NAYS – MOTION CARRIED
PENDING & INCOMPLETE:
#554-98 DEER VIEW, INC. (Willard Boice, Sr.)
1103 Route 9-G, Staatsburg, N.Y.
VARIANCE - to replace fuel tanks
Mrs. Donohue commented that a letter from Attorney Mangold explained that an agreement is being worked on with NYS Department of Transportation and Dutchess County. This agreement will allow
Mr. Boice the opportunity to purchase the land needed to replace his fuel tanks. A previous motion was made to continue this application as Pending & Incomplete to March 27, 2002.
PUBLIC HEARINGS:
#569-1999 CROFTON MEWS
SPECIAL PERMIT - To Renew an Expired Special Permit
Route 9-G, Hyde Park, N.Y.
Mrs. Donohue explained that a motion was made to continue this application to the March 27, 2002 meeting and that the Public Hearing will be continued on that date.
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#740-2001 MID-HUDSON ALCOHOLISM RECOVERY CENTER, INC./Welch
Hook Road, Poughkeepsie, NY 12601 (Hyde Park)
SPECIAL PERMIT – adult domicile (women with children)
on a site not less than ten (10) acres - Section 108-10D(11)
Mrs. Donohue explained that this is a continued Public Hearing. Attorney Harold Mangold was present representing the applicants. The Chair asked Mr. Mangold if he received a letter from Mr. Setaro to correct some of the items on the EAF and he replied that he did receive the letter dated February 26, 2002 which was preceded by a fax. Copies of the corrected EAF were given to the Board members present.
Mr. Mangold stated that at the last meeting he requested that the Public Hearing be closed and the Chair reserved tonight’s meeting for a presentation by a real estate expert to give testimony on behalf of those opposed to this application. Mrs. Donohue clarified that the Public Hearing was kept open in order that a new Board member could ask any pertinent questions and also to give Mr. Scanlon, who was absent from the last meeting, a chance to ask questions.
Mrs. Donohue asked Mr. Scanlon if he had any additional questions after reviewing the minutes sent to him by the secretary. He asked, if the State will be maintaining the property on a real time basis how that would be accomplished? Mr. Mangold explained that MARC receives grant money and part of that money is used for maintenance, i.e. mowing, cleaning, snow removal, painting, etc. All of the buildings are subject to inspection by OASAS and they become part of the State organization that is responsible for running these programs. Along with the water, sewage and infrastructure the premises must be maintained in a safe and adequate manner. That is the reason for the sprinkler system with the 500-gallon tank to guarantee the safety of the residents. Most not-for-profit organizations are maintained a lot better than privately owned residences.
Mr. Matera asked whether or not the Zoning Board has any purview regarding the agreement between the Town of Hyde Park and MARC for payment in lieu of taxes? Mr. Mangold replied that this agreement is between the Town Board and the owner of the property; however, the Town Attorney will have input and the Zoning Board can certainly submit a recommendation to the Town Board. The agreement usually covers a couple of years and could be graduated over time. It is filed in the office of the Clerk of the County of Dutchess – it is a public record.
Ms. DiNapoli asked if the programs that the clients are involved in are on site or do they go off site.
Mr. Mangold replied that he believes it is both; however, he introduced Andrea Tysic who, at the present time, is in charge of Bolger House. Ms. Tysic explained that this program would be both off and on site. The program usually runs from 9:30 a.m. to 3:30 p.m. There will be some night programs or groups at the house staffed by the manager – it is a 12-step program. Ms. DiNapoli asked where the clients come from; how are they referred? Ms. Tysic explained that the majority comes from Dutchess County and MARC usually requires at least 28 days of a person being sober before they can enter this program.
In answer to a question about the staffing, Ms. Tysic stated that there has to be at least one credentialed alcoholism counselor. Also outside resources will be used, i.e. if it is St. Francis Clinic it would be a CSW and if they go to an Astor program it will be the Astor staff. They are required by the State to have so many credentialed counselors or CSW’s.
Mrs. Donohue commented that the Board is finished asking questions and she will now allow the public to come up with their questions or comments. She noted that it is not the Board’s intent to go over all the previous issues and would like only new information submitted.
Tory Galante – 6 Hook Road
Mr. Galante stated that he is 100% against this application. He asked what the duration was of the funds or grant money from the State? Ms. Tysic explained that there is no limit. It is not a pilot program; once you receive an OASIS grant they just continue. In answer to a question from Mr. Galante, Ms. Tysic noted that it could go on for life, the oldest program MARC has is over twenty years old and that will continue. Once you receive the initial grant, then you become self-supporting and although there is no guarantee, there is no indication that it would be a short period of time either. One of their programs is 22 years old, another has been in existence for over 14 years and they have no intention of ending any of these programs.
Cathy Galante – 6 Hook Road
Mrs. Galante stated that she spent a lot of time in the Zoning office during the last month and has really gone through a lot of records. She asked if the actual program has already been approved by OASIS and the Department of Mental Health. Attorney Mangold stated that this application is for a Special Use Permit and whether or not the use would be deleterious or affect the neighborhood is not found in the Law and is not a necessary issue as to whether or not the program has been approved.
Ms. Tysic explained that when you try for a grant like this one, you need letters from all the community agencies that will support you if you get this grant. MARC has many letters from Dutchess County Department of Mental Hygiene, St. Francis Clinic, Astor Early Childhood Programs, from the Department of Health, Grace Smith House, etc. The actual day by day program is still contingent upon a lot of factors. For example, if MARC does not get the house on Hook Road and they have to locate in Fishkill, then they would be more likely to use the Beacon Clinic or Turning Point. The philosophy of the program is in place and all the policies and procedures have been submitted to the ZBA.
Ms. Tysic continued to explain that you put your program together and then the State comes in and evaluates the program and issues a Certificate of Operation. The State oversees and evaluates the programs, but they have already been approved. Mrs. Galante is not sure how this application can be before the Board today if MARC is not sure of the details. Mrs. Donohue stated that the Zoning Board must go forward on the information that has been submitted and go forward with that.
Mrs. Galante stated that during the November 28th meeting Mr. Mangold explained that the house would consist of a community kitchen, living room, dining room, recreation room, conference room, bathrooms and eight bedrooms. Mrs. Galante does not see a recreation room noted on the site plan and
Mrs. Donohue reminded her that those are issues that the Planning Board will decide on. The Zoning Board of Appeals only decides one issue – the Special Use Permit and they are going by the standards for that permit. If the Special Permit is approved, it then goes to the Planning Board for site plan review.
Ms. Tysic explained that there are program policies and procedures that have already been put together that apply to other facilities. The Executive Director, Mr. Pendegar, who has not been at the last several meetings, is seriously ill and they are starting to take over some of the work for this grant. They are working with two other women/children facilities in the State to get more specific information in regard to the children because that is the piece that is somewhat new to them.
Mrs. Galante asked if the residents can be granted walking privileges? Ms. Tysic noted that walking privileges do not allow residents to come and go on their own. There are usually two or three residents that go together; however, before they get the OK to come and go, the person is evaluated - this facility is not a prison. Mrs. Galante continued that the affidavit stated that volunteer work is encouraged as a means of career exploration and career building. She asked how that would work and if it meant that they are going to be working or volunteering, will it create more trips out of the facility and thus more traffic.
Attorney Mangold pointed out that Exhibit “C” refers to Bolger House, which is a city residential facility, not the facility being proposed as part of this application. Ms. Tysic explained that when a person is ready for volunteer work that usually does not come within the first three months. It is based on the clinical input of the treatment team as to whether or not the person is ready. When they are ready to do volunteer work, that person should be ready to come and go on their own or perhaps someone will pick them up. The one or two people in the volunteer program should not impact the amount of traffic generated by the facility.