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1999-11-23 "-" MINUTES APPROVED DEe 14 1999 ....." ......... Zoning Board of Appeals Summarized Minutes November 23,1999 page 1 MINUTES Town of Wappinger Zoning Board of Appeals November 23,1999 Time: 7:30 p.m. Town Hall 20 Middlebush Road Wappinger Falls, NY Member Present: Mr. Prager, Chairman Mr. Lehigh, Vice Chairman Mr. Fanuele, Member Members Absent: Mr. diPiemo, Member Mr. Warren, Member Others Present: Ms. DiPaola, Secretary to Zoning SUMMARIZED Public Hearing: John & Christine Durr -Public hearing December 14,1999 ........ Discussions: Troy & Shontae Swain -Public hearing December 14,1999 Mr. Fanuele: Made a motion to approve the October 26,1999 minutes as revised. Mr. Lehigh: Second the motion. All present voted aye. Mr. Lehigh: Made a motion to approve the November 9,1999 minutes. Mr. Fanuele: Second the motion. All present voted aye. Public Hearing Appeal No. 99-7035 at the request of John & Christine Durr who is seeking an area variance of Article VIII, Section 2240-53 B(1) - Supplementary Special Use Permit - Whereas a 20,000 square feet is required, the appellants are proposing 15,000 square feet, thus requiring 5,000 square feet in order to have a current basement convert into a legal accessory apartment on property located at 56 Robert Lane and is identified as Tax Grid No. 6158-04-896108 in the Town of Wappinger. The Zoning Board of Appeals had not made a determination of significance pursuant to State Environmental Quality Review Act and hereby reserves its right to make such -.. determination after the conclusion of the public hearing. ""-' MINUTES APPROVED ..."", DEe 14 1999 ..."... Zoning Board of Appeal Summarized Minutes November 23,1999 page 2 Mr. Prager: From what I understand that there was a problem with the mailings? We can not have a public hearing until it is straighten out. Ms. DiPaola: I made the copies. After I make the copies I put them in the folder until they get sent out. I send everything out, but somehow it did not get to Mrs. Durr's house. Mrs. Durr: I did not realize either that I had to do the certified letters again. Mr. Prager: We are going to have to do it all over again. Mrs. Durr: Did you come to any reconciliation on being zoned in the R-20? Mr. Prager: Yes, R-20 really has nothing to do with it. I found that out by the attorney. What this all pertains to is that you have 15,000 square feet in a 20,000 square feet zone. Mrs. Durr: Is the bill and everything for the legal notice ok? Mr. Prager: That is fine. Ms. DiPaola: I just have to give her the abutting property owners. Do I have to redo the legal notice? Mr. Prager: Yes, just send her that. No you should not have to redo the notice. All the mailings have to be set up. I will make it for the next meeting which is December 14,1999. Do you have a document from when you purchased the house? From the real estate stating that you purchased it under the understand that it was a legal accessory apartment. Mrs. Durr: I do not know where it is. You know when they run of the spec sheets, I went looking for it. I do not have it. I asked the Realtors if they can go back and research and get that for me. Mr. Lehigh: Multi- listings are the ones that list the accessory apartments. Mr. Prager: Can you explain to them what kind of bind that you are in. ...... Mrs. Durr: I have already said that to them. Mr. Prager: It would be a big help if we had that. Mrs. Durr: I got a letter from Mr. Weichert himself, and it said congratulation of purchasing your new home and it was hand signed by him. I even wrote a letter back to him stating that the house was sold to me under false pretenses. Mr. Prager: Have you talked to Weichert yourself? Mrs. Durr: I can not get him. No one will give me his number. Mr. Fanuele: I have a question. Ifthe legal notice was dated for tonight's meeting then Christina will have to do it all over again. Mr. Prager: That is right. Yes, you have to redo it. DISCUSSIONS 1. Troy & Shontae Swain Appeal No. 99-7036 seeking 2 variance rear and side yard setback for a shed to remain where it is. The property is located at 10 Tuscarora Drive in the Town of Wappinger. Mr. Prager: I see that the Swains are not here tonight. We have all the information that we need to do a public hearing. From my understanding is that they were suppose to come back to the meeting tonight. Ms. DiPaola: I was even in the minutes that they should of came tonight. Mr. Prager: We knew that there was a meeting the following night afterward the last Zoning Board meeting. The meeting pertained to the changes in the Zoning. As it turned out that meeting which had nothing to do with ~ the changes in the Zoning. I am going to set a public hearing. If you can contact the Swain and let them know Ms. DiPaola: I will write them a letter. "-" ....." MINUTES APPROVED .. DEe 14 1999 Zoning Board of Appeals Summarized Minutes November 23,1999 page 3 ....... Mr. Prager: Notify them and let them know that there will be a public hearing the next meeting. December 14,1999. Mr. Lehigh: Made a motion to adjourn the meeting. Mr. Fanuele: Second the motion. All present voted aye. MEETING ENDED 7:45 p.m. Respectful Submitted, ("r\1J...~~"- DI PcLcfc^, Christina DiPaola, Secretary Zoning Board of Appeals .... ......