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1999-12-14 ;If MINUTES APPROVED ~JAN 11 2006 Zoning Board of Appeals Summarized Minutes December 14,1999 page 1 ......... MINUTES Town of Wappinger Zoning Board of Appeals December 14,1999 Time: 7:30 p.m. Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Prager: Chairman Mr. Warren: Member Mr. Lehigh: Mr. Fanuele: Vice Chairman Member Members Absent: Mr. diPiemo: Member Others Present: Ms. DiPaola, Secretary to Zoning Board of Appeals SUMMARIZED ~ Public hearing: John & Christine Durr Troy & Shontae Swain - Granted variance - Public Hearing 1/11/00 Discussions: Marie & Bradley - Public Hearing 1/11/00 Site Inspection 12/15/99 Betty Joyce Montague -Buy property & then go to Planning Board Mr. Lehigh: Made a motion to approve November 23,1999 minutes after they were corrected. Mr. Fanuele: Second the motion. V ote: All members voted aye. Mr. diPiemo was not present. PUBLIC HEARING Appeal No. 99-7035 - at the request of John & Christine Durr, who is seeking an area variance of Article VIII, Section 240-53 B(l) - Supplementary Special Use Permit - Whereas a 20,000 square feet is required, the appellants are proposing 15,000 square feet, thus requirin~ 5.000 square feet variance in order to have a current basement convert into a le~al accessory apartment on property located at 56 Robert Lane and is identifies as Tax Grid No. 6158-04-896108 in the Town of Wappinger. The Zoning Board of Appeals has not ~ made a determination of significance pursuant to the State Environmental Quality Review Act and hereby reserves its right to make such determination after the conclusion of the public hearing. MINUTES APPROVED IJAN 11 2000 Zoning Board of Appeals Summarized Minutes December 14,1999 page 2 '--" Paul EUision and Christine DUff is present for the public hearing. Mr. Lehigh: Made a motion to open the public hearing. Mr. Warren: Second the motion. V ote: All present voted aye. All the mailings are in order. Mr. Prager: This is a public hearing you will have to start over from what we have done before in the workshops. Explain what you need and if we have any questions we will take it from there. Mr. Ellision: What we would like to do is take an existing basement, that is not an official apartment and covert the garage into a dining room and make the main access through the garage. Mr. Prager: Is that what the apartment is now? Mr. Ellision: The apartment right now is basically a complete apartment. It has a living room, bedroom, kitchen a full bathroom. It has base board heat through out the apartment. The only thing that they are really missing is the entrance to the apartment. What we would like to do is take the garage door out and make it a entry door. Mr. Prager: I know at the last workshop there was some confusion. I talked to the Town Attorney and the Town Planner. Basically what they have stated was that even though it is a R-20 zone that has nothing to do with it. In order to have an accessory apartment you have to have 20,000 square feet not 15,000 which basically what you have. When you were at the last meeting I asked you if you could contact the Realtor again. '--" Mrs. DUff: I called but they would not give me any new information. It was all the same information. This time they told me a mother daughter not legal mother daughter. It does not mean that it is legal. Mr. Ellision: They used the term strictly mother daughter apartment, not legal mother daughter. Mr. Lehigh: We have a map ofthe area, basically your lot was the same as all ofthe other lots. I have to tell you my own personal feelings on that. I do not think we can rewrite the law and the law says 20,000. I think it is unfortunate, but I do not know what else to do. I just can not vote in favor of this variance. If we granted you that variance then everyone in that development can have a mother daughter. Mr. Ellision: I appreciate that. There are so many rules governing the use of the mother daughter in the Town of Wappinger. In this case this is only for our parents, which we were told ifit was not for our parents it would not be granted to us anyway. I understand what Mr. Lehigh is saying. There is no real game for anybody in the Town of Wappinger to do this, expect to help their parents. Mr. Prager: I think what Mr. Lehigh is saying in order for us to do a variance you have to have a really good reason. If you were the only one with 15,000 square feet and there was 20,000 square feet all around you, then yea we would probably grant you,the variance. Your parents can still live in the house, you will not have a legal kitchen. We are not stopping you from having your parents there. I think that is what Mr. Lehigh is saying. Mr. Lehigh: Yes. It is a inconvenience and I do not agree with it, it is not my decision. If we grant this variance, and your neighbor throws an Article 78 on it, you are liable to get all your repairs done to your house and end up having to take them out. It would be illegal for us to grant you a variance. Mr. Ellision: Under those circumstances, it is my understanding that we can convert the garage, what we are asking for is that they are able to cook their own meals. The worst that could ever happen in this situation is if someone uses an Article 78. What does that mean? Mr. Lehigh: I would think it would be that you would have to abandon the whole thing. When you are building something strictly for your mother or father that is one way. That is not what you are allowed to do. ~ My interpretation of this is that you are not allow to remodel the house unless we grant you the variance. MINUTES APPROVED IJAN 11 2000 Zoning Board of Appeals Summarized Minutes December 14,1999 page 3 ....... Mr. Ellision: That part has been done. When we went before the Planning Board and that is where we came out with the percentages of the house. Mr. Lehigh: At that time we were going to grant you the variance. Mr. Ellision: That was not it. This was all done prior to coming to the Zoning Board of Appeals. The real issue is that this comes down to is the fact that all the construction they we would like to do. We found out that we did not have to go to anybody for this. All we have to do was go to the building inspector. The whole issue comes down to is allowing the people cook there. Mr. Prager: I hate to keep saying this but that is the law. Mr. Fanuele: You know the rules when you sell the house it has to convert back to the way it was. Mr. Ellision: Yes, we have talked to the Town Attorney about that. We are only having this apartment for them. Mr. Fanuele: I would think if the house was bought as a mother daughter and it change to someone else living there then I would lean toward the variance not to be granted. Here your elderly parents are going to be living there. Mr. Ellision: We did not want to come here and look for sympathy but I think you have to understand how important it is for them to cook their own meals. It has to be that way. As of right now they relay on my sister to bring their meals down everyday. Mr. Fanuele: This is a hard decision. I would lean towards granting them the variance. Mrs. Durr: In the declaration it does say that the occupancy of dwelling shall be father, mother, son, daughter, brother, grandparent or grand child of the occupant. It does say it can be inspected any time. ........ Mr. Prager: What I have done here was answer some questions that were on the application. This is what I have answered (he reads the questions and then answered the questions). Out of those five questions I come up with 2 no's and 3 yes's. Mr. Ellision: Can I challenge one of them. Mr. Prager: Yes. Mr. Ellison: The one that reads is there another alternative. There is no other alternative if they are going to be able to cook their own meals. You did not make another alternative, you altered the whole point of what they are doing. Mr. Prager: You bought the house for your parents, so they are still living there. Yes, you are right they can not cook their own meals. Mr. Ellision: What we bought it for we can not use it for. Mr. Prager: Right. Mr. Ellision: There is no other alternative. The only alternative is if you grant us the variance to do it. I would question on how you responded to that. My personal feeling is there is not an alternative if they are going to live as if their own apartment, there is no alternative. You change them being self sufficient to being dependent upon my sister. That was the whole purpose of moving there was so they would maintain their independence and be self sufficient. Mr. Warren: I understand where you are coming from. I did at one time. I really believe we are not taking their self independence away from them, you are only talking about a matter of cooking a meal. I am sure you are very good to your parents. Are they comfortable where they are at, at this point? Mr. Ellision: No. Mr. Warren: Why not? Mr. Ellision: My parents don't want to give up the freedom of their independence and they will not live there. ,..,.., did not want to bring this up because they are personal. MINUTES APPROV~D IJAN 11 2000 Zoning Board of Appeals Summarized Minutes December 14,1999 page 4 .......... Mrs. Durr: I work full time. They watch my son and daughter after school. My mother can not climb stairs. They have to go up a flight of stairs to get to my house. My father in that matter can not either. I do not do their breakfast or lunch. The only time that I am there for is to do dinner. Mr. Prager: That can help us we did not know that. Mr. Lehigh: I think that changes everything. Mr. Prager: I think it makes quite a big change to me. Mr. Lehigh: I think it is because of health reasons. Mr. Ellision: My mother has a heart condition, my father has severe diabetes. That was the whole point of this vanance. Mr. Prager: They are downstairs? Mr. Ellision: Yes, they are. Mr. Lehigh: Made a motion to grant the variance under health reasons. Mr. Fanuele: Second the motion. Roll Call: Mr. Prager: aye Mr. Lehigh: aye Mr. Warren: aye Mr. diPierno was not present. Mr. Fanuele: aye Mr. Lehigh: Made a motion for a negative declaration. Mr. Warren: Second the motion. V ote: All present voted aye. .......... Mr. diPierno was not present. Mr. Warren: Made a motion to close the public hearing. Mr. Fanuele: Second the motion. V ote: All present voted aye. Mr. diPierno was not present. Mr. Prager: There was suppose to be a public hearing for the Swains but due to deaths in the family we will have to do the public hearing again on January 11,2000. DISCUSSIONS 1. Marie & Bradley DiCairano Appeal No. 99-7037 - Seeking an area variance for a rear yard setback for existing pool to remain where it is. The property is located a 7 Blackthorn Loop in the Town of Wappinger. Marie DiCairano is present for the discussion. Mr. Prager: What we do is talk about what you need and then if we need anymore information we will do a public hearing. Mr. Lehigh: How long has the pool been there? '-"' Mrs. DiCairano: 14 years. Mr. Prager: It is a above ground pool. What kind of shape is it in? Mrs. DiCairano: It is in good shape. MINUTES APPROVED IJAN 11 2000 Zoning Board of Appeals Summarized Minutes December 14,1999 page 5 ..... Mr. Prager: When did you purchased the house? Mrs. DiCairano: We bought it in 1986. The pool was up for a year before we bought it. Mr. Prager: I believe it is a R-20 zone down there. Do you know the size of your acreage? Mrs. DiCairano: I think about 3 quarters. Mr. Prager: Is there a fence or screening around it? Mrs. DiCairano: There is a fence that is in the shape of a L. It blocks the front and side of the pool. Behind the pool is my neighbors shed and bushes. Mr. Prager: We might want to have a site inspection on this. You do not have to be there. Mrs. DiCairano: Well no one lives in the house right now. It is vacant, we are trying to sell it. We can not sell it without a CO for the pool. The building inspector granted us a temporary CO the people who were going to buy the house were going to follow through and get the variance themselves. We ended up having a flood in the kitchen and they backed out. So I am going to follow through on the variance. This way when we go to sell it again we will have the CO for the pool. Mr. Prager: Site Inspection December 15,1999 at 4:15 p.m. Mrs. DiCairano: I am going to drive by there tonight. I know a piece of the fence blew down with the wind. I have a carpenter there doing the work. Is there anything else that you require. Mr. Prager: We will get a lot of information when we go see it. ... Mr. Warren: Made a motion to be Lead Agency. Mr. Fanuele: Second the motion. Vote: All members voted aye. Mr. diPiemo was not present. Mr. Prager: There will be a public hearing for January 11,2000 2. Betty Monta~ue - Appeal No. 99-7038 - seeking area variance for acreage ofland to have commercial grooming and boarding kennel for 25 dog runs. The property is located at 83 Diddell Road in the Town of Wappinger. Betty Joyce Montague is present for the discussion Mr. Prager: Can you tell what you need to be done. Mrs. Montague: I need a variance because I am short 6 acreage and the law requires 10 acreage for commercial zoning. I realize that I am asking a lot. The only reason that I came forward is this property boarders the Corbin Farm which is commercial excavating business, across the street is a commercial riding academy for horses and to the right of the property is a resident. I have gone to all the neighbors and got signed consents, that they were ok with this. Mr. Prager: We will need copies of those. .. Mr. Montague: Listening to you this evening I do not see that there is any other way I could do this without ~. . gettmg a vanance. Mr. Prager: I will be honest with you that is a huge variance. MINUTES APPROVED Zoning Board of Appeals Summarized Minutes December 14,1999 page 6 IJAM 11 2000 """ Mr. Lehigh: That is 60 %. Mrs. Prager: There is no zoning district on this variance. Ms. DiPaola: I think it is R-40/80. Yes right here in the letter it is R-40/80. Mr. Prager: Do you own the property now? Mrs. Montague: No. Mr. Prager: You are purchasing it? Mrs. Montague: I would like to, pending this. Mr. Prager: I have notice in the application that you have 240.71a which is the 10 acres. If you are going to have a B. Where is the building going to be? Let me read section B for you (he read it out loud to her) Mrs. Montague: Do you have a survey map? Mr. Prager: I have this. Mrs. Montague: Yes. Mr. Prager: It looks like you have a pond. Mrs. Montague: Yes. Mr. Prager: It looks like that building is down in the right comer by Diddell Road. Mrs. Montague: The garage? Mr. Prager: Yes, is that where you were planning to have the runs? Mrs. Montague: I want to expand that. Right now it is a 3 bay garage. I want to add on another 3 bay garage in a shape of an L and have the runs go out the back of the addition towards the pond. I did do some drawing. Mr. Prager: My feeling is I think that size of a variance I would deny it. You are talking about 25 dogs? """ Mrs. Montague: 20 to 25 dog runs. Mr. Lehigh: You are going to have a majority of them out on a run? Mrs. Montague: No, this is to accommodate my already establish grooming business. We plan on having central air, heat, stereo, and TV so they have all the comforts of a home. In theory that works. I do not intend to open up an old fashion kennel. Mr. Lehigh: You are just doing grooming and that is it? Mrs. Montague: Right now I only groom. I am not zoned for a kennel area now. Mr. Lehigh: You plan to do more on this property? Mrs. Montague: On this property I wanted to be able to board 20 dogs, to help me back up with my grooming. I am alone and last summer I got hurt, and I did not get income. I figure I could also board the dogs, and if something happens to me I can still get some income. Mr. Corbin was the most encouraging, he was not bothered by it. Mr. Lehigh: I think we will have to take a look at the area. Like he says 60 % that is a huge variance. Mr. Prager: When you get that size variance you are basically changing zoning. Mr. Lehigh: You have not talked to anyone from the Planning Board or anything else. Mrs. Montague: I was told to see you first. Mr. Prager: Would you consider lowering the number of kennels? Mrs. Montague: When I did the drawing, it looks like I will only be able to have 20, not 25. I was considering that building there. If you can add to that, that would be great. Mr. Gillespie has not been out there yet to see it. The other spot that might be good is behind the house. There isn't any residents down there. Mr. Lehigh: Who is across the street from you? Mrs. Montague: That is commercial riding academy. Mr. Lehigh: There is a house next to that? ...... Mrs. Montague: Yes there is. The guy in that house said that he is fine with the idea. Mr. Lehigh: You realize that you have to notify all the neighbors within 500 feet of the house. MINUTES APPROVeD IJAN 11 2000 Zoning Board of Appeals Summarized Minutes December 14,1999 page 7 ......... Mrs. Montague: Yes. I only went and did this because I was told eventhough they are all going to get a letter in the mail still go and shack hands and see how the neighbors feel. So that is what I did. There is a guy deep in the back, he too is ok with it. There is one other thing I can do. What if! was to purchase the acreage that I am lacking from Corbin on a lease bases. Mr. Lehigh: Then you will be complying with the acreage. Mrs. Montague: Can you lease property, is that legal? Mr. Lehigh: You can not just lease it you have to buy it. I do not know if that is commercial property or not but if the property that you are on is commercial and you comply with the 10 acres, then you do not need to be in front of us. Mrs. Montague: I have already spoke a little bit about this to Mr. Corbin and he was not totally against it, but see if you can get this done with out purchasing the property. Why is it 10 acres, I have asked Mr. Liebermann and he said it was more sound ordinance for the neighbors. If I was to purchase this, I would be going behind the house deep. It would still be between Corbin and myself. Mr. Lehigh: You would not need a variance but you will still need to go before the Planning Board, because you are a business. I do not think it is zoned business. You are really asking for a use variance also. Mrs. Montague: So what do I need? I need 6 acres and what else? Mr. Prager: This was a letter made out to you from Mark Liebermann. (he read the letter to Mrs. Montague). You will have to make proper application to the Planning Board. Mr. Lehigh: If you are a contract vendee. If you have a contract provided 6 acres that you need that allows you to go in front of the Planning Board and then they will tell you what you can and can not do. ...... Mrs. Montague: So I still need to purchases 6 acres? Mr. Lehigh: What you will have to say to Sid is I want to buy 6.3 acres from you to comply with the 10 acres and I will give you $100 deposit. Then you are a contract vendee and then you come in to the Planning Board and talk it over with them. If everything is kosher with them and they will let you do it, then you sew up your deal with Corbin when you are done. You do not need a variance. You will comply with the Special Use Permit and the acreage. Mrs. Montague: Ok. The Planning will probably still want a central location? Mr. Prager: You have to talk to the Planning Board about that. Mr. Lehigh: They will bring you in and sit you down and talk to you about it. Mrs. Montague: That is the problem the guy that is selling the house, wants it to be sold yesterday. He does not want to wait for this. Mr. Lehigh: I would call Sid in the morning and talk to him. That is up to you. Mrs. Montague: I would have to reapply for a discussion again? Mr. Lehigh: What you would do if you get that acreage from Corbin you do not have to come back to us. You have to go to the Planning Board. Mr. Prager: If you can not get the acreage you can come back and try to get a variance. Mrs. Montague: Should I get all 6 acres? Mr. Prager: I would if! was you. Mrs. Montague: Ok thank you. Mr. Lehigh: Made a motion to adjourn the meeting. Mr. Warren: Second the motion. V ote: All present voted aye. ....... Mr. diPierno was not present. MINUTES APPROVED IJAN 11 2000 Zoning Board of Appeals Summarized Minutes December 14,1999 page 8 ......... MEETING ADJOURNED 8:30 p.m. Respectfully submitted, L~vu_bf~ 0 S)Q(f~ Christina DiPaola, Secretary Zoning Board of Appeals ~ .......