2008-07-08
Town of Wappinger
Zoning Board of Appeals
Page ]
Minutes of July 8, 2008
MINUTES
APPROVED
MINUTES
JUL 22 2008
Town of Wappinger
Zoning Board of Appeals
July 8, 2008
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. Prager,
Mr. DellaCorte,
Mr. Casella,
Chairman
V ice-Chairman
Member
Member Absent:
Ms. McEvoy-Riley, Member
Mr. McVeigh, Member
Others Present:
Mr. Horan,
Mrs. Lukianoff,
Mrs. Roberti,
Town Attorney
Zoning Administrator
Secretary
SUMMARY
Adiourned Public Hearings:
David Estremera
-APH to July 22, 2008.
Peter & Donna Colucci
-Closed PH, Decision on July 22, 2008.
Public Hearings:
Edward & Anne Williams
-Variance Granted.
Town of Wappinger
Zoning Board of Appeals
Page 2
Minutes of July 8,2008
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Anneal No. 08.7369. Amended
David & Diana Estremera- Seeking area variances of Section 240-37 of District Regulations in an R-
40/80 Zoning District.
-Where a side vard setback of 40 feet is required, the applicant is nroDOsine: a side vard setback of 26.7
feet. to allow for a 22'X 26' Elliptical in-ground pool, thus reQuestine: a variance of 13.3 feet.
-Where a side vard setback of 40 feet is required, the applicant is nronosine: a side vard setback of 28.6
feet. to allow for a 13'X 15' CabanaIPool House, thus reQuestine: a variance of 11.4 feet.
The property is located at 67 Red Hawk Hollow Road and is identified as Tax Grid No. 6359-02-882592
in the Town of Wappinger.
WAITING FOR DCHD APPROVAL AND MAP TO SHOW WASTE LINES
Mr. Prager:
The applicant is still waiting for HD approval so we will postpone this until
July 22, 2008.
Mr. McVeigh:
Mr. DellaCorte:
Vote:
Motion to adjourn to July 22, 2008.
Second the motion
All present voted aye.
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Aooeal No. 07-7356
Peter & Donna Colucci - Seeking a Use Variance of Article IV, Section 240-16 and Section
240-37 in the District Zoning Regulations for an R-40 Zoning District.
Applicant is seeking a Use Variance to use the existing property and the structures thereon as
multi-family dwelling units in a single family residential zoning district. The property is on
12.431 acres and is located at 1471 Route 376 and is identified as Tax Grid No. 6259-04-
762010 in the Town of Wappinger. (Mole)
Present:
Peter Colucci
Anthony Mole'
- Applicant
- Attorney
Mr. Casella:
Mr. DellaCorte:
Vote:
Motion to open the adjourned public hearing.
Second the motion.
All present voted aye.
Mr. Mole':
I was asked to provide the contract, which I did and today I received the
real estate files and title report.
Read into the record.
This states that it was multi-family and the stipulation was not offered by
the seller at the time of closing. If my client had been aware it would have
been self-created but he did not.
Mr. Prager:
The contract states 5 units.
Mr. Mole':
The client believed that to be 3 units and a shop.
Mr. Prager:
What is Schedule A?
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Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of July 8,2008
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Mr. Mole':
It was a previous sale.
Mr. Prager:
Schedule B gives the names of tenants, which unit are you seeking the
variance for?
Mr. Colucci:
Unit 4, Longhitano. We are proposing a conditional variance while I
subdivide.
Mr. Casella:
When purchased according to schedule B, only $3,400.00 shows in rent so
you needed an additional $8,000.00 a month.
Mr. Colucci:
I thought when all apartments were rented I would have enough. We based
the mortgage on all 8 units being rented. Last time at the PH all the
speakers who came were from DeGarmo Hills Road and only one of the
residences are there and exits from there.
Mr. Casella:
What goes out to Route 376?
Mr. Colucci:
Brought map up to Dais and explained the layout of the parcel to the board
members.
Mr. Casella:
Do you have enough today with all the rents to cover your mortgage and
the taxes?
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Mr. Colucci: No. Just the mortgage.
Mr. Mole': We have submitted all the financial information and that should be looked
at by you.
Mr. Casella: I'd like to know what rents you collected.
Mr. Colucci: With all the units rented it is about $9,500.00 a month. It covers the
mortgage and some oil and the grass cutting.
Mr. Casella: This list here states $12,000.00 in rents roughly.
Mr. Colucci: One of the rents there is me personally paying $2,000.00 to keep the
property going.
Mr. Prager: Is there anyone in the audience with an additional question or comment?
Mr. & Mrs. Gilman: Peter & Lori Gilman, 89 DeGarmo Hills Road. We have been here for 20
years and the grass is not cut regularly and they had a table over garbage
for over a week there. I live directly across the street and yes the tenants
have been better but 4 more families will bring my property values down.
Mr. Prager: Anyone else? Hearing none.
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Page 4
Town of Wappinger
Zoning Board of Appeals
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Mr. Casella:
Mr. DellaCorte:
Vote:
Mr. Prager:
Mr. Mole':
Minutes of July 8,2008
Motion to close the public hearing.
Second the motion
All present voted aye.
We will make our decision at the next meeting, July 22, 2008.
Thank you.
Apneal No. 08-7375
Edward & Anne Williams- Seeking area variances of Section 240-37 of District Regulations in
an R-20 Zoning District.
-Where a front yard setback of 35 feet is required, the applicant is proposine: a front yard
setback of 28.75 feet to allow for a 8' X 40' front porch with steps, thus reQuestine: a variance
of 6.25 feet.
The property is located at 8 Scott Drive and is identified as Tax Grid No. 6257-02-932653 In
the Town of Wappinger.
Mr. Prager:
Mrs. Roberti:
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Mr. DellaCorte:
Mr. Casella:
Vote:
Mrs. Williams:
Mr. Prager:
Mrs. Dao:
Mr. Casella:
Mr. DellaCorte:
Vote:
Mr. Casella:
Mr. DellaCorte:
Roll Call:
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Are the mailings in order?
Yes they are.
Motion to open the public hearing.
Second the motion
All present voted aye.
We would like a front porch the length of the house with steps.
We did a site inspection out at the house. Are there any comments from
the audience.
Susan Dao, 3 Dwyer Lane. Front porches look very nice and I live in the
neighborhood and many people have them there.
Motion to close the public hearing.
Second the motion
All present voted aye.
Motion to grant the variance. This is not unique to the neighborhood,
we see no adverse affect, it will not be undesirable although it is self-
created.
Second the motion.
Mr. DellaCorte,
Mr. Casella,
Mr. Prager,
Aye.
Aye.
Aye.
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Town of Wappinger
Zoning Board of Appeals
Mr. Casella:
Mr. DellaCorte:
Vote:
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 8:15 PM
Page 5
Minutes of July 8, 2008
Respectfully Submitted,
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Zomng Board of Appeals