1989-12-18IN
WN OF
LCEMSER
AGE NG eA.
MIN UTE t
WARPINGER ..ONjNG BOARD
18, 19s3
PUBLIC HEARINGS:
m
TOWN HALL
WAPPINGER FALLS, NV
AFPEAL #1079 AT THE Rb -'q ZEST OF =tOBER� SEEKING ASPECIAL USE PERMIT
F ARTICLE IV SECTION 445 OF THE TOWP� �F F'F'7NGER ZONING ORDINANCE T
PERMIT AN ACCESSORY APARTMENT ON PROPERTY LOCATED AT 23 CADY LANE AND
BEING PARCEL #6250-03-476053, IN THE TOWN OF WAPPINGER.
APPEAL_ 41021 AT THE REQ UEST OF OENNIS R. SEEKING A SPECIAL USE
PERMIT OF ARTICLE CV SECTION 445 OF THE TOWN OF WAPPINGER ZONING ORDINANCE
TO PERMIT AN ACCESSORY APARTMENT ON PROPERTY LOCATED AT 392 OLD HOPEWEL.L.
POAC, AND PFING PARCEL #6257-04—S46351, IN THE TOWN OF WAPPINGER.
�.i
IKM
V
TOWN OF WAPPINGER ZONING BOARD
DECEMBER 18, 1989
MINUTES
ROLL CALL:
MEMBERS PRESENT:
Mr. Brooker
Mr. Lehigh
Mr. Hirkala
Mrs. Roe
MEMBERS ABSENT:
Mr. Tompkins
OTHERS PRESENT:
in
TOWN HALL
20 MIDDLEBUSH ROAD
WAPP. FALLS. NY 12500
RTTM.@16-1@
Mr. Herbert Levenson/Zoning Administrator
Lia Scianna/ Zoning Board Secretary
MINUTES:
JAN 7 1 90
ZONING BOARD OF APPEALS Q
PoliING BOARD
`ilr. Lehigh made a motion to table the minutes to the January meeting.
Mr. Hirkala seconded the motion.
Vote: All ayes.
The motion carried.
PUBLIC HEARINGS:
APPEAL #1079 AT THE REQUEST OF ROBERT MAHIG. SEEKING A SPECIAL USE PERMIT OF
ARTICLE IV SECTION 445 OF THE TOWN OF WAPPINGER ZONING ORDINANCE TO PERMIT
AN ACCESSORY APARTMENT ON PROPERTY LOCATED AT 23 CADY LANE AND BEING PARCEL
##6258-03-476053, IN THE TOWN OF WAPPINGER.
Mr. & Mrs. Robert Mahig present.
Mr. Brooker: Do you have an accessory apartment in your house now?
Mr. Mahig: Yes.
Mr. Levenson: I'd like to inform the board, the discovery was made from an
anonymous phone call to my office, I wrote the Mahig's a letter and they
,; have been cooperative, I have inspected the premises. The Mahig's purchased
—t,he property in April, the property was sold as a full one family house with
an accessory apartment, the Mahig's were never notified what the conditions
were for them to continue a two family operation. I explained this to
Mr. Mahig and he filled out the applications. I inspected the premises
and it's in full compliance with the building code.
-2-
You have a copy of the premises and a survey.
Mr. Hirkala: When you bought this house from the Realtor, did they ad-
vertise it as a two family house?
Mr. Mahig: It'had been listed has a house with an accessory apartment.
Mr. Hirkala: Do you realize that the people that occupy this accessory
apartment has to be blood relative. Is there anybody living in there now?
Mr. Mahig: No.
Mr. Hirkala: Well if it's empty.... what are they in here for?
Mr. Levenson: They are trying to legalize it.
Mr. Hirkala: The only way they can legalize it is to have a blood relative
living there.
Mr. Mahig: I have my parents who are elderly, and I have a cousin who
would like to move in.
`6400qr. Hirkala: In other words, you have someone from your immediate family
who wants to move into that apartment.
Mr. Mahig: Yes.
Mr. Hirkala: Can I just ask what Realtor you, dealt with?
Mr. Mahig: Robert Mark Realty
Mr. Hirkala: Was this on multiple listing?
Mr. Lehigh: Special Use Permits in this Town are granted by you the app-
licant proving a hardship. Do you have a hardship?
Mr. Brooker: This has nothing to do with this particular type of apartment.
Mr. Lehigh: Your asking for a renewal without a hardship?
Mr. Hirkala: well they have a right, as long as they move one of their
blood relatives into the apartment.
Mr. Levenson: A Special Use Permit does not create a hardship, it is a
right, providing you meet the criteria as said in the ordinance.
r. Brooker:
Mr. Levenson:
It says it has to be a blood relative.
The house has a C/O that's over five years of age.
ThEy Ave not built outside the parameters of the structure, and ther,_
Prezent, conforming into the building code.
Mr. Brooker; Does everything conform right now?
Ar. Levenson, yes, it's definitely in conformaric
mr.
Brookepi
The
only thing I see, is that we grant this, but it must lj,��
a blood
relative
that goes into the place,
Mr.
Erooker
asked
if there was anyone who would like to speak for or aqain�t
the
applicant.
Mrs. Bocoagna - 21 Cady Lankl�
We had people come to our door asking about an apartment for rent. we dici
nGt knuw C any apartment in the area for rent. I did not think that
qariance was givan.
mi"' , Hirkala: First of all, this will notbe a varianit is a Inecial
Permit. There's an ordinance in the town that allows a conversion of _-
single family dwelling into a temporary two family dwelling for the purpos:,
--of housing blood relatives. The Town does not have a law that AWs tw_>
QW; amily housing.
H -s. Boacagna: That's another point, I thought, I didn't think they werz�
here baror".
Hn. Hickala made a motion to grant the Special Use Permit and to recommend!
the Decision and Order with an affidavit fullnotarize for court evidenuk,..-
provinq that Nhoever lives there shall be a blood relative. Also, yeanl,;
inspections by the Zuninq Administrator and Fire inspector, and a yearIv
inspection for the certification,
hr. Hirksla made a motion to close the public hearinq,
Mr. Lwhigh seconded the motion.
Vote, All ayes.
The motion carried.
Mr. oehigh seconded the motiun for granting a Special Use Permit,,
Votp, All ayes.
The motion aarried,
OAK 0
4 '� KAL 0 1079 Granted.
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