1995-06-13a
down of Wappinger Zoning Board of Appeals Town Hall
June 13, 1995 20 Middlebush Road.
Minutes Wappinger Falls, N.Y.
Members Present
Mr. Sasser: Chairman Mr. Lehigh: Member
Mr. Prager: Member Mr. Fanuele: Member
Mr. diPierno: Member
Others Present APPROVED
Mrs. Linda Nguyen, Secretary to the Z.B.A. JUN 2 7 1995
ROLL CALL
PLANNING BOARD
4ppr+� c'
BOA, t!f -
❑
Mr. Sasser:
Just for the
�ONING
information of those here onightj there
are no
public hearings.
This is
what we call. a workshop session. The purpose
to
for tonight
is to prepare
for the public hearing and for the Poard
to need
determine if
there is any
additional information we are going
item the agenda tonight
is the
prior to the
public_ hearing. The first on
Did everybody receive a copy?
approval of
the May 23rd
minutes.
. Prager! I make a motion that we accept the minutes.
Mr. diPierno: Second_
Vote: All ayes.
Mr. Sasser: The first item on the agenda tonight is Stella Heady. Appeal
#1203, requesting an 18.54 ft. front -yard variance to erect a deck on the
front of the house located at 30 Dugan Lane in the Town of Wappinger. 2s
there someone here with regard to this matter? Would you come forward and
spell_ your name so she could have it for the record please?
Mr. Heady: Richard Heady.
Mr. Sasser: Richard Heady? Are you Stella Heady's husband or son?
Mr. Heady: Son, I live there.
Mr. Sasser: Did everyone receive a copy of the map? It appears Mr. Heady
that you are looking to put a new deck on the front of this house, is that
correct?
Mr. Heady: There was a deck up there before, but it wasn't very big.
There is nothing up there now.
Sasser: so, this is new construction.
Mr. Headv: Yes.
IR
Wappinger Zoning Board
Minutes - June 13; 1995
Page 1
kaov
Mr. Sasser: It appears from the map that your well is on one side of the
de of the
house and you have
k back from the property tolput it. T house
also too far bac that the reason
that you are putting it on the front of the house?
Mr. Heady: Well; T have no way to get in the front of my house either. T
have no stairs. I have a door there and that is it.
Mr. Sasser: Does the Board need anything else?
BOARD: No.
Mr. Sasser: Do you want a photograph of the front of the house? Mr.
Heady, Linda will help you. You have to send notices out to all of the
adjoining property owners. Linda will help you and tell you exactly what
you need to do. Actually, I need a motion to declare Lead Agency_
Mr. diPierno: So moved.
Mr. Fanuele: Second.
Vote: All avec.
�,01. Sasser: Can T have a SEQR Declaration.
Mr. Fanuele: Negative Dec.
Mr. Sasser: We have a motion for a Negative Dec. by Mr. Fanuele.
Mr. Prager: Second.
Vote: All ayes.
Mr. Sasser: That will be set down for a public hearing for June 27th at
7:30 P.M. Just he sure to speak with Linda tomorrow to arrange for the
uubli.cations and you can get them out. The next item on the agenda
tonight is Rabco Landscaping & Contracting, Inc (Contract Vendee)._
Appeal #1204, whereas you are requesting a building of 4000 sq. ft., plus
or minus as well as outside storage of nursery retail sales material on
property located at Route 82 & All Angels Hill Road in the Town of
Wappinger. Ts someone here for Rabco?
Mr. Rabasco: Ron Rabasco_
Mr. Sasser: You are looking to put a 4000 sq
correct?
Mr. Rabasco: Yes, that is correct.
ft. building up, is t.hat.
Wappinger 7oni.ng Board
Minutes - June 13; 1995
Page 2
Mr. Sasser: Tn addi_tion to that you are looking for outside storage for
landscaping materials and things of that nature?
Mr. Rabasco: Right.
Mr. Sasser: How much of that area would you be using for that?
Mr. Rabasco: T am expecting restrictions from the Army Corps of Engineers
on the property; but we were hoping to be able to use around 5 or 6 acres
of the property.
Mr. Lehigh: Do you have a map of the property?
Mr. Rabasco: We have submitted one.
Mr. Lehigh: Here?
Mr. Rabasco: Yes.
Mr. Sasser: I think that was probably submitted when you were before the
Zoning Board once before and you have been before the Planning Board so T
imagine that the file probably has that. We would want to see a copy of
that Map.
Mrs. Nguyen: O.K.
Mr. Prager: Does it have a building on it?
Mr. Lehigh: There is a building on it, right?
Mr. Rahasco: No.
Mr. Lehigh: Nothing on it?
Mr. Rabasco: That is correct. There is nothing on it.
Mr. Prager: If it is possible, I would like to see maybe an idea of where
you are going to put the building.
Mr. Rabasco: As a matter of fact, there was a proposal drawn up by
Dandelion Oil, in which actually we got his map. The map is from him
instead of having it re -surveyed. He had a building proposed on there and
we were going to do some slight changes to that, but the proximity would
be somewhat similar.
Mr. Sasser: How big is the building that they proposed?
Mr. Rahasco: T think his was around 3000 sq. ft. and i_t may very well be
%w we haven't hired an engineer to draw up anything yet.
Mr. Prager: I don't want to put you at a lot of expense, but basically T
would like to be able to see where the building is going to be and kind of
ai_ve me an idea to where the storage would be.
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Wappinger Zoning Board
Minutes - June 13; 1995
Page 3
Mr+r' Rabasco: This type of operation would be similar to like a Riggio's
type thing. You know, selling decorative stone and other landscape
supplies? The need for exterior storage for this type of operation is
absolutely necessary.
Mr. Prager: Now, you don't own the property yet?
Mr. Rabasco: That is correct.
Mr. Lehigh: Where i.s the entrance and exits going to be?
Mr. Rabasco: On Route 82. There is an access from All Angels Road. We
wouldn't have any need to have that for any commercial access.
Mr. Sasser: Ron, I think it would help me if you would get the map that
the town had, the Dandelion map that you talked about. Perhaps scale
where the building is and the area you intend on using. Tf you could
color it in like you would normally for the Planning Board so we could get
the general idea of where it is going to be and how much property it is
going to take up. showing where the entrances and exits and so forth
are. I don't want you to go out and spend a lot of money to do that, but
T would like something so we could see to help us understand exactly what
you want to do.
. Rabasco: Tn doing that my partner and myself will sit down and try to
get a good idea, but obviously not sitting down with an engineer. Just so
it is understood that it woul-dn't be etched into stone.
Mr. Sasser: I understand.
Mr. Rabasco: That is fine. T can make sure that I have that. We can
submit that.
Mr. Lehigh: You have applied to the Army Corps of Engineers?
Mr. Rabasco: No, we haven't. We are waiting.
Mr. Sasser: Is that a result of the wetlands?
Mr. Rabasco: Right; there is no DEC wetlands on this property. The
property line goes .right along the creek so obviously there is going to bP
a 100 ft. buffer all along the creek and T_ am aware of that.
Mr. Sasser: Your property borders the creek?
Mr. Rabasco: That is correct.
Mr. Sasser: Are you aware, and T_ am not sure exactly what it is, T would
have to look it tip, that you have special notifications that you have to
because you border the creek?
. Rabasco: Special notifications to whom?
Mr. Lehigh: State and federal and probably the town.
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Wappinger Zoning Board
Minutes - June 13, 1995
Page 4
Mr. Rabasco: Federal I knew we would, but no part of this property is on
the state wetlands map.
Mr. Sasser: We will look that up before the public hearing, but T think.
that you need to speak perhaps with your attorney and with the town to
ensure that all your notifications are proper because you are bordering a
creek and that might very well make a d.i.fference. Tf you border federal
land or state land or wetlands there is certain things that you have to do
which are different than someone who is not bordering these properties.
Again, T am not familiar enough just to ..
Mr. Rabasco: Tt was my understanding that it is our responsibility to
hire an engineer to come in or have it surveyed as far as where the
federal wetlands would be and then we would notify the Army Corps of
Engineers in which they would then check it and make any adjustments to
that. which we would be restricted on the use of that property. That is
my understand on how it is. We were to have it marked off first and then
they would come in and make any adjustments to that.
Mr. Sasser: T will know for sure myself tomorrow. Again, my suggestion
would be that you speak with an attorney who is familiar with the Town of
Wappinger Toning Law and make sure that you meet all of those
gual if ications .
. Rabasco: O.K. and as far as DEC, we contacted DEC and they said they
have no wefil_ands on that property and that they wouldn't be involved.
Army Corps of Engineers would only be involved if we cleared more then one
acre of property. So, if we stayed within one acre we wouldn't even have
to deal with them, but we are looking to do that.
Mr. Sasser: Have you been before the Planning Board with this _vet?
Mr. Rabasco: Yes.
Mr. Sasser: I know you were originally once before. Ts that still a
pending matter right now?
Mr. Rahasco: No, they pretty much had us come to you.
Mr. Sasser: so, you started again with the Pl-anning Board and they
referred you to us for the variance?
Mr. Rabasco: That is correct.
Mr. Sasser: Gentlemen is there anything else that you are going to want
to Sep..?
Mr. Lehigh: Move for Lead Agency.
�,,WSasser: Well, I am not sure that we should he Lead Agency. T think
�at perhaps the Planning Board should be.
Mr. Fanuele: You do need a site plan. T think it might make more sense
for the Planning Board.
Wappinger Zoning Board
Minutes - June 13; 1995
Page 5
Mr. Sasser: Yes; he is going to go before them. T think that we should
gut that off. Actually, I even feel that we may delay the SEOR
determination because of the traffic and the proximity of the
Mr. Lehigh: Definitely.
Mr. Rabasco: We also have extensive pictures of the property. It is
basically like a dump site. People have been dumping stuff all over the
Alace_ .
Mr. Lehigh: I would like to go up there and look at the site myself.
Mr. Sasser: I was actually going to say that. I think in this situation
we are all familiar basically where the site is. I know myself looking at.
it, I can't drive by and look at it.
Mr. Lehigh: There is a building down in the back. I thought that was on
that property?
Mr. Rabasco: No, it just goes right along .. The driveway that goes down
in there is actually part of that property and there is a buil-ding that
goes off to the left. If you go down in and the property line as you go
down; the property line goes off to the left and goes like right in front
,-f that garage and that building. So, that is an actual right of way,
rat driveway.
Mr. Lehigh: You are going to use the access for the other people to come
out that driveway on 82?
Mr. Rabasco: That is correct.
Mr. Lehigh: They have access to it now and you don't, but you are going
to have to use that access to get in and out.
Mr. Rabasco: First of all, that would be on that parcel of property.
Another_ words, they would have access to what would be our entrance.
Mr. Sasser: I would like to schedule an on site inspection_
Mr. Lehigh: Yes, I think that is appropriate.
STTE INSPECTION SET FOR JUNE 19, 1995 at 6:00 P.M.
Mr. Rabasco: Is somebody from my company to attend that?
Mr. Sasser: T would kind of like you to be there.
Mr. Rabasco: I would love too. T just didn't know if I was welcome or
not_
. Lehigh: You are going to show us around.
Mr. Sasser: Linda; could you get the maps to us?
Mrs. Nguyen: Yes.
n
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Wappinger Zoning Board
Minutes - June 13; 1995
Page 6
Mr. Sasser: Just so you know when we get to that meeting; because we are
meeting at that site, it becomes an official meeting. That would just be
an adjournment of the workshop meeting. It is not going to be a public
to discuss the merits of what is going
meeting and we won't really be able
on there. we would just like you to point out what it is you are looking
to do so we will understand that.
Mr. Rabasco: T understands_
Mr. Sasser: Anything else gentlemen?
Mr. Prager: T think that should do it.
Mr. Sasser: Then, lets set this down for a public hearing for the next
meeting; June 27th. Will you be prepared by the 27th?
Mr. Rabasco: Yes.
Mr. Sasser: Lets set it down for a public hearing for Tuesday the 27th at
7:30 P.M. and we will see you at the site on Monday.
Mr. Rabasco: By that point and time, I guess I will contact the office to
make sore that they do have a copy of the plan and I will bring one with
to that meeting to make sure.
Mrs. Nguyen: That would be a good idea.
Mr. Sasser: That is fine and Linda has said that she will have copies for
us prepared so we will bring our own as well.
Mr. Rabasco: So, I will see you Monday at 6:00. Thank you very much.
Mr. Sasser: The next item on the agenda is Bertha & Donald Geraghty.
Appeal #11206, whereas you are required to maintain a 10 ft. side -yard and
you are showing 5 ft., thus requiring a 5 ft. variance for an existing
Lydia Drive in the Town of Wappinger.
shed on property located at 1.1
Mr. Geraghty: About 12 or 13 years ago I built the shed and at that time
I wasn't aware of even needing a building permit or any regulations as to
where it has to be _located. I wound up building it to close to my
neighbors yard. T work at the Tarrytown Plant at General Motors and if
anybody doesn't know, we are closing next year. About three months ago I
applied down in Mar_tinsberg, West Virginia, the GM facility down there.
On Monday T got a notice that I got that job down there. T am here more
seeking your advice than seeking a variance.
Mr. Sasser: A couple of things. How did this come about? How did they
find out? Are you trying to sell or are you refinancing?
. Geraghty: No, I knew I eventually I would be selling the house
whether we were going to move out of state or I got another job with GM.
Mr. Sasser: So, you are trying to take care of this on your own ahead of
wo options that you have available to you. one..
time. Well; there is t
M
Wappinger Zoning Board
Minutes - June 13; 1995
Page 7
very simply is to move the shed. 5 ft. closer and then you don't need a
proceed as you are proceeding now.
variance. The other is to
Mr. Geraghty: Time is my enemy now though.
Mr. Sasser: The soonest we would be able to hear this is the 27th because
the steps that are required is you have to put a Legal_ notice in the
newspaper; certified notices have to be sent to all property owners within
500 feet and then you have to come back to give the public time to sneak.
Tt probably could be resolved on the 27th, but no sooner then that. T_
don't foresee it going any longer then that.
Mr. Geraghty: You could make the decision on the 27th?
Mr. Sasser: Absolutely.
Mr. Geraghty: O.K., I thought -it took much longer then that.
Mr. Fanuele: It depends on the size of the application. On a shed. it
Groes a little faster.
Mr. Geraghty: O.K.; let me ask. your advice on this. I am going to put my
house on the market on Monday because I have a reporting date of August
Ith. How would that work?
. Sasser: What will happen is .. It should not affect it at all. Lets
just say on the 27th we have the meeting andif it were approved and T am
not saying it would or would not, but if it were approved we would sign
it. As of right then and there you become legal. We would sign something
that would be filed with the town and whoever had the property would have
a variance for that existing shed. Tf it were denied there is severaI
things that could happen.
Mr. Geraghty: I would have to tear it down.
Mr. Sasser: You would have to tear it down or you would have to move it
or you would have the ability to appeal. it.
Mr. Fanuele: What shape is it in?
Mr. Geraghty: The shed is in very good shape. I have pictures of it. T
just didn't bring them tonight.
Mr. Sasser: You have already taken the first step and without hearing
anything it appears to be a rather minor variance. My advice to you would
be to go forward.
Mr. Lehigh: Do you have a plot plan of your house?
Geraghty: No, I lost my original survey. You are talking about the
r. vey?
Mr. Sasser
Right.
Mr. Geraghty: No, I don't.
Wappinaer Zoning Board
Minutes - June 13; 1995
Page S
M
Mr.
Fanuele:
How does your neighbor feel?
Mr.
Geraghty:
He couldn't rare less.
Mr.
Fanuele:
Could you get a note from h.i.m?
Mr.
Geraghty:
Yes, T will do that.
Mr.
Lehigh:
Could you also get a little picture of your lot and
the
sizes,
dimensions
and where the shed sits?
Mr.
Geraghty:
I submitted that on the original application. I
took all
the
measurements.
Mr.
Sasser:
Linda, who went out there? Mark or Herb?
Mrs.
Nguyen:
I don't know_
Mr.
Prager:
If you could bring the pictures to the next meeting
that
would be a big help_
Mr.
Geraghty:
I will.
.
Sasser:
Photos of the shed.
Mr.
Geraghty:
o.K., should I bring photographs of the rest of the
land
because there is really no place else on the land that the shed
could be
l.ocate_d?
Mr.
Sasser:
No, we will listen to your explanation. I think the
photographs
will do. Even for five feet I wouldn't want him to
go out and
get
a survey.
Mr.
Fanuele:
Tt really depends on the neighbors.
Mr.
Geraghty:
They really don't have a problem.
Mr.
Sasser:
Can I have a motion for Lead Agency?
Mr.
Lehigh:
So moved.
Mr.
Fanuele:
Second.
Vote: All apes.
Mr.
Sasser:
A SEOR?
Mr.
Lehigh:
So moved, Negative Dec_
!".
Prager:
Second.
Vote. All ayes_
Mr.
Sasser:
O.K., this will be set down for the 27th. Just be
back at
Wappinger Zoning Board
Minutes - June 13; 1995
Page 9
7:30 on that date with the photographs and then we will have the public
hearing. We open it to the public a.nd ask if anyone wants to comment for
or against it and then we close the public hearing and we will take our
vote.
Mr. Lehigh: See if he has a drawing.
Mrs. Nguyen: Yes; I wanted to ask him; you said you have a drawing. Ts
that from when you went for a building permit?
Mr. Geraghty: Yes; it was the sketch that just ask for the dimensions.
Mrs. Nguyen: O.K.; I will make copies of that and give that to the Board.
Mr. Sasser: The next item on the agenda tonight is Spotted Owl
Development Corin. To discuss Appeal #1207 for an existing undersized lot
located at 6 Montfort Road in the Town of. Wappinger.
MIXED nTSCTTSSTON
Mr. Sasser: With regard to this particular thing, maybe you had better
aive us a little history on it. We are not hearing the matter tonight;
but T think it is unusual.
� � Hanig: T think it is a little unusual. I think that is why thev got
Mme involved in this. This lot was marketed through a real estate broker
and there was a meeting that T was told about that took place between Mr.
Levenson and the real estate broker and the two principles of. Spotted Owl.;
who is Vince Murphy and Mark ........ At that meeting, T am told;
obviously T wasn't there, but I am told that the question was, can another
house be built on this property and yet I am told that Mr. Levenson said
no problem..
Mr. Sasser_: When was this alleged meeting?
Mr. Hanig: Well, before they bought the property.
Mr. Sasser: Was it this year, last year, five or 10 years?
Mr. Hanig: T have the history here. It would have been before June 7.4;
1993 because that is when they took title to the property from Dime
ly, i.t was a foreclosure property. What happened
Savings Bank. Apparent
then
Mr. Sasser: Tt was a foreclosure?
Mr. Hanig: It apparently was a foreclosure property. They didn't buy it
from the referee, but T guess Dime bought it at the foreclosure and bought
it back and then they bought it from Dime_
lam. Sasser: When they bought it, did they buy just that vacant parcel_ or
f
Mr. Hanig: No; what happened was Dime foreclosed two lots right next to
each other. I will go through the history because T think it is important
Wappinger Zoning Board
Minutes - June 13; 1995
Page 10
M
to know the history. We did a history on this. In 1962; one of the lots
and the tax grid is #134524 and I have a picture of it.
Mr. Sasser: Is that an improved. lot?
Mr. Hanig: Let me do this. Let me pull this out because I think it is
easier. Maybe I will keep one copy and I will hand a ropy up to the Board
to pass around because that is how I am looking at these. 134524 which. I
am calling lot 1.
Mr. Sasser: That is the one with the house on it?
Mr. Hanig: That is the one with the house on it. 134524 was sold by Gold
probably Chauncey or Monroe, one of the others. You know these names
apoear all over these deeds in this area to somebody named Cosgrove. That
was in 1962..
Mr. Sasser: What was sold, just lot 524?
Mr. Hanig: Yes, just lot 524 was sold_
Mr. Sasser: Just so I understand, the person selling that lot, was that
person also the owner of lot 515?
04W
. Hanig: No. I am sorry, it was. At that time, he was the owner of
lot 515. Then; in 1964 lot 51.5 was sold to somebody named Caputo.
Mr. Sasser: So, by 1964.we have Caputo owning 515 which is vacant and
Cosgrove owning 524 with a house on it?
Mr. Hanig: Yes, with a house on it because the assessors card shows that
there was a house built in 1962, so Gold either built the house or
Cosgrove built the house at or about the time that the property was
transferred to Cosgrove. It was one or the other. Then, in 1965 Caputo
who is the owner of. lot 515 sells his lot to Cosgrove.
Mr. Sasser: So, Cosgrove owns the house and the lot next door.
Mr. Hanig: Now, Cosgrove owns house and lot next door. Then, 1987,
Cosgrove sells both property to a person named Capohianco. It Looks like
Capobianco then owns that property until Dime forecloses on it.
Mr. Sasser: Which was?
Mr. Hanig: Probably 1992 or 1993. I think it was 92 because it looks
like the referee in 1992 gave out a referee's deed to .. and there is a
messed up title here very honestly.
Sasser: Mr. Hanig, do you know by any chance, you may have researched
is already, when this zoning ordinance went into effect? The current
Town of wappi-nger Zoning Ordinance?
Mr. Hanig: I am a little confused on that too because the section that we
are having a problem with and maybe if you have a copy of the zoning
ordinance her; ..
Mr. Sasser:
M
I do. It is 411.7-
Mr.
11.7.
Mr. Hanig: Yes, that is correct, 411.7.
11
Wappi_nger Zoning Board
Minutes - June 13; 1995
Page 11
Mr. Sasser: 411.7 does allow a undersized lot to be used. However, the
lot must meet the zoning requirements at the time the most recent deed to
the lot was recorded. 411.73 says; If the owner of such lot owns other
lots contiguous thereto, such other lots, or so much thereof as may he
necessary; shall he combined with the first named lot to make one or more
conforming lot." That is what we are looking for a variance for.
Mr. Hanig: Yes; because what apparently the position is; and there was a
letter from Mr. Roberts that was issued by Mr. Roberts. It was his
opinion that this lot was combined as a matter of ordinance and based upon
that the Building Inspector was directed not to issue a building permit on
this second lot. This was after the owner had actually gone forward to
Board of Health and had gotten Board of Health Approval for what T call
lot number two. What has actually happened is that the lot number one has
been sold to people named DeCarlo and at no point prior to the time that
the lot was sold to DeCarlo _.
NT Sasser: Wait a minute, when was it sold it DeCarlo?
Mr. Hanig: January 94.
Mr. Sasser: O.K., Dime forecloses and DeCarlo buys the lot?
Mr. Hanig: No, Dime forecloses and Murphy and Spotted Owl in effect buy
the lot.
Mr. Sasser: O.K., where does DeCarlo come in?
Mr. Hanig: DeCarlo comes in when spotted Owl., who is the owner; sells lot
number one to DeCarlo.
Mr. Sasser: O.K., so DeCarlo buys the house?
Mr. Hanig: DeCarlo buys the house and then the owner is told in April 95
that we can not build on the other lot because the ordinance has deemed
the property to have been consolidated.
Mr. Sasser: I have a pretty good understanding of it. One thing that I
am going to want to see is a copy of the last two deeds for the property
at the public hearing. I am going to want to know, and if you would
direct this to Al Roberts please Linda, the date the zoning ordinance was
adopted .
FanuPIP..:
November
26, 1990 and ...
Mr. Sasser:
T want to
definitely confirm that with Al just
to make sire.
I also would
like to know
the size of similar lots in that
neighborhood.
It appears from the piece that was given to me that there
are smaller
existing
in there,
but I would like to know what size
some of those
.lots
other lots are just to
be certain at the puhlic hearing.
I would like
a
Wappinger Zoning Board
Minutes - June 13, 1995
Page 12
copies of any correspondence that your client might have had from the
Town, Mr. Levenson, or Mr. Roberts and make sure that we have those.
Mr. Lehigh: Also from the Planning Board. I would like to see something
from the Planning Board.
Mr. Sasser: I don't think it has been before the Planning Board at all.
Mr. Hanig: No, it wouldn't be before the Planning Board.. I have a copy
of the letter from Mr. Roberts to Mr. Keller.
Mr. Sasser: Has the Planning Board addressed this at all?
Mr. Hanig: No, this was simply a letter saying do not .issue the building
permit..
Mr. Lehigh: How about the original development that was in front of the
Planning Board; was it not?
Mr. Sasser: That would have been back in the early 60's.
Mr. Lehigh: It was passed in 63. The original ordinance.
Hanig: Yes, and this was before then and these lots were created
before then.
Mr. Sasser: Right, but if you read the zoning ordinance now, what we have
to refer to is the last zoning ordinance and not anything before because
they are talking about the requirement of .... consolidating the lot.
Mr. Lehigh: Consolidating the lots for any particular reason? I would
Like to know why.
Mr. Hanig: I don't think anybody can answer that.
Mr. Sasser! I don't think so either. That is what you are saying; they
were never consolidated. The town's view point is that they were
consolidated
Mr. Hanig: There is no question that the same lots were at the point and
time that Caputo sold to Cosgrove in 1965 this same owner became the owner
of both lots.
Mr. Sasser: Mr. Hanig, does Mr. DeCarlo own the lot with the house?
Mr. Hanig: Yes, he does_
Mr. Sasser: Your client currently owns the lot. They are not looking to
Iv it. It is done_
Mr. Hanig: It is done. They own the adjoining lot.
Mr. Sasser: I think that is all the information ..
Mr. Prager: We are going to get copies of that map?
Mr. Sasser:
Mr. Hanig:
Mr. Sasser:
well..
Yes; we will even get bigger copies.
Yes; T will have this typed out.
D
Wappinaer Zoning Board
Minutes - June 13, 1995
Page 13
We will go through that extensively at the public hearing as
Mr. Hanig: Probably the problem that didn't ti_p off my client when they
bought the property is that these properties have always had separate tax
identification numbers. So, when they got to a closing and there was
separate tax hills and separate tax identification numbers there was no
hint to them that there was supposedly a consolidated lot.
Mr. Sasser: I am also going to request from the Town Attorney his opinion
on this.
Mr. Lehigh: Definitely, I would also like to hear from the Planning
Board.
Mr. Hanig: His opinion is right here.
Mr. diPierno: Who's opinion is that?
Hanig: Al Roberts, his opinion is right here.
Mr. Sasser: What is the date of that letter?
Mr. Hanig: It is dated April 24, 1995. Tt says please look at a deed
dated January 25, 1991 from Patrick Capobianco to Joanne Capobianco. T
think that was probably a divorce or something. The deed consolidates
both parcels into one lot. The two parcels are consolidated into one. Do
not issue building permit unless proof establishes separate lot. P.S.
deed from Cosgrove to Capobianco; going back years consolidates both
parcels and it is the same description used by bank to foreclose. No
building permit.
Mr. Sasser: Linda, T would like Al Roberts to attend the public hearing.
Mr_. Hanig: Al's opinion is that these lots were consolidated.
Mr. Sasser: We would like a copy of that also, but I would also like to
ask him to attend the public hearing that night. Can we have a motion for
Lead Agency?
Mr. diPi.erno: So moved.
Mr. Fanuele: Second.
�Aote: All ayes.
Mr. Sasser: SEQR determination?
Mr. Prager: Negative Dec.
Wappinger Zoning Board
Minutes - Tune 1.3; 1995
Page 14
Mr. diPierno: Second.
Vote: All ayes.
Mr. Hanig: Vince says that this was before the Planning Board because
they tried to straighten it out.
Mr. Sasser: Was it a lot line realignment?
Mr. Hanig: Yes; a small lot line realignment because there is a corner of
the house that encroached over the lot line.
Mr.
Sasser!
I
haven't read those minutes. What
happened?
Mr.
Murphy:
It
just got bogged down in there and
we said forget it.
Mr. Sasser: So; you are doing this in lieu of doing that?
Mr. Murphy: It was too complicated, too involved. The engineer said what
are you doing that for?
Mr. Sasser: I would ask for Mr. Parsons comments if he has any with
regard to this as well then. Will you be ready on the 27th or do you need
little time?
Mr. Hanig: What would be the next meeting after the 27th?
Mr. Sasser: After the 27th is July 11th, a month.
Mr. Hanig: I think Tuly lith is probably better.
Mr. Sasser: All right, we will set it down for public hearing on July
11th. You are familiar with all the things that you need to do?
Mr_. Hanig: I am going to have Vince get together with Linda. and workout
t -be publication and notifications.
Mr.
Sasser:
Is there any
other business before
the
Board?
Mr.
Fanuple:
Can we meet
with Al so he can give
us
the history?
Mr. Sasser: That is why I want him to attend the public hearing. Would
you rather do it .. no we can't really do it before hand because it is not
a personnel matter so we can not meet privately. This Board can only meet
privately if it a matter of personnel or litigation to the town.
Mr. Fanuele: I was thinking
Ir.
�w��,,ySasser: Well, we can't because they have the right to be present for
hat _
Mr. Hanig: I have to work on the basis that Al is right and that is the
only way to approach it is that Al's opinion is the correct opinion and
the only relief that the land owner can have is to get a variance from the
Zoning Board. That is the approach that I have to take. I do not want to
wappi_naer 7oni_ng Board.
Minutes - June 13; 1995
Page 15
I
fight with Al over the effective date of the ordinance.
Mr. Prager: I think we just want to get an idea of why he said that.
Mr. Sasser: Right; so I would like hi -m at that meeting_
Mr. diPierno: Motion to adjourn.
Mr. Fanuele: Second.
Vote: All ayes.
MEETING ADJOURNED AT 8:08 P.M..
7W
Respectfully submitted,
Mfs . Linda 13fjutP-n, secretary
Town of Wappinger Zoning Board of Appeals