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2008-06-24 Town of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals June 24, 2008 Summarized Minutes Members: Mr. DellaCorte, Ms. McEvoy-Riley, Mr. McVeigh, Mr. Casella, Member Absent: Mr. Prager, Others Present: Mr. Horan, Mrs. Lukianoff, Mrs. Roberti, Page 1 V ice-Chairman Member Member Member Chairman Minutes of June 24, 2008 MINUTES APPROVED JUL 22 2008 Town Hall 20 Middlebush Road Wappinger Falls, NY Town Attorney Zoning Administrator Secretary SUMMARY Adiourned Public Hearim!s: David Estremera RJA Holdings Public HeariDl!s: Peter & Donna Colucci Bre-Del Enterprises Discussions: Edward & Anne Williams -APH to July 8, 2008. -Variance Granted. -APH to July 8, 2008. - Variance Granted. -Public Hearing on July 8, 2008. r.=:'\ ~ i.\ r;::::I c::-;:::I Town of Wappinger Zoning Board of Appeals Page 2 Minutes of June 24, 2008 ~ Mr. Casella: Mr. McVeigh: Vote: Motion to approve the site minutes for May 31, 2008. Second the motion. All present voted aye. Mr. Casella: Mr. McVeigh: Vote: Motion to approve the site minutes for June 14, 2008. Second the motion. All present voted aye. Appeal 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 yard setback of 40 feet is re~uired, the applicant is proDOsiDl! a side yard setback of 26.7 feet. to allow for a 22'X 26' Elliptical in-ground pool, thus reouestine a variance of 13.3 feet. -Where a side yard setback of 40 feet is re~uired, the applicant is proDOsine a side yard setback of 28.6 feet. to allow for a 13'X 15' CabanaIPool House, thus reouestine 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 Ms. McEvoy-Riley: Motion to open the adjourned public hearing. Mr. Casella: Second the motion Vote: All present voted aye. '-' Mr. DellaCorte: The applicant is still waiting for the HD approval so we will adjourn this to July 8, 2008. Ms. McEvoy-Riley: Motion to adjourn this to July 8, 2008. Mr. Casella: Second the motion Vote: All present voted aye. Appeal No. 08-7372 R..J.A. Holdines. Inc.- Seeking area variances of Section 240-20 9(a) of District Regulations in an R-40 Zoning District. -Required is access over own frontage, the applicant can provide access however it is through the Federal Wetlands. Seeking an area variance for two driveways to utilize the existing driveway after a proposed lot line re-alignment. The property is located at All Aneels Hill Road and is identified as Tax Grid No. 6259-03- 410112/486056 in the Town of Wappinger. Present: Dick Barger - Engineer Robert Macho - Applicant Mr. McVeigh: Mr. Casella: Vote: Motion to open the public hearing. Second the motion All present voted aye. Mr. Barger: The applicant built a house on All Angels Hills Road and then bought the property in the rear that also fronts New Hackensack Road. They would like '-" Page 3 Town of Wappinger Zoning Board of Appeals '-' Mr. DellaCorte: Mr. McVeigh: Mr. Casella: Vote: Ms. McEvoy-Riley: Mr. McVeigh: Roll Call: Mr. Barger: Minutes of June 24, 2008 to take 50 foot from the existing house and add it to the larger vacant piece in the rear and at the same time allow the existing lot to retain access of the newly created drive. Is there anyone in the audience with a question? Hearing none. Motion to close the public hearing. Second the motion All present voted aye. Motion to grant the variance to allow the existing house to continue to use the proposed new drive. We did a site visit and the only other option is to encroach into the wetlands. This will not be detrimental to the neighborhood and this would not create an adverse affect on the area, this is self created. Second the motion Mr. McVeigh: Ms. McEvoy-Riley: Mr. Casella: Mr. DellaCorte: Aye. Aye. Aye. Aye. Thank you. ADDeal 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) WAITING FOR APPRAISAL ~ Present: Mr. DellaCorte: Ms. McEvoy-Riley: Vote: Mr. Mole': '-' Peter Colucci Anthony Mole' - Applicant - Attorney Motion to open the public hearing. Second the motion All present voted aye We have a very unique situation here. There was a stipulation between the town and the previous owners which allowed 2 two-families and 1 one- family. In October 2004 Mr. Colucci bought this property for $1,500,000.00 with the understanding that he purchased 2 two-families and 1 four-family home. That was incorrect but when my client purchased the property the title report did not reveal that. The building department file did not reveal that and the stipulation was not disclosed by the seller. My client has been renting this out as 8 rental units and they are only permitted to have 5 rental units. Based on the papers that I have submitted to the board as well as the financial records submitted my by clients, if they are Town of Wappinger Zoning Board of Appeals Page 4 Minutes of June 24, 2008 unable to rent 8 units they will really be unable to keep payment on the mortgage and maintain the property. '-' Ms. McEvoy-Riley: The mortgage is held by the former owners, (Yes.) and does the contract stipulate that this was a four family or a one family? We also want a copy of that. Mr. Mole': This was in court a year ago regarding this and I am here for a Use Variance as the court proceeding is still pending based on the outcome of this board. Went over the case for the board and the public. Ms. McEvoy-Riley: How did this get uncovered in the first place? Mr. Mole': The building inspector posted a violation for the use as multi-family. Mr. McVeigh: Were the prior owners ever fined? Mr. Mole': No. They never disclosed the information to the Colucci's. Mr. Casella: Did you use separate attorneys? Mr. Colucci: Yes. Mr. Mole': This board can grant a conditional variance that could state that when this is subdivided then all the homes would revert back to single family homes. ~ Mr. Casella: Do you believe you will be able to subdivide off of DeGarmo Hills Road. Mr. Colucci: Yes. Mr. DellaCorte: Is there anyone in the audience with a comment? Mr. 0' Angelis: George 0' Angelis, 63 DeGarmo Hills Road. I've known that land for 60 years and there were never farm hands there, they were always just homes. That land floods out all the time and there is a lot of wetland there. They are trying to sell land that the town says they can't. Mr. Tate: Tom Tate, 64 DeGarmo Hills Road. I have been there for 35 years. This was never a farm and it always floods out and I believe it should all be one family homes. Mrs. Tate: Linda Tate, 64 DeGarmo Hill Road. Is this still under the Federal Wetland Act? Mr. Horan: I don't know that's not under this appeal. Mrs. Tate: Is this apartments or a boarding home? Ms. McEvoy-Riley: Our understanding is that it would be two 2-families and one 4-family homes. ~ Town of Wappinger Zoning Board of Appeals Page 5 Minutes of June 24, 2008 '-' Mr.& Mrs. Huff: Bob & Doris Huff, 65 DeGarmo Hills Road. In the R-40 Zoning District it should be only one family residence. We believe variances should be for sheds and pools not a business looking to create rental units. Mr. & Mrs. Ventura: Robert & Maryann Ventura, 87 DeGarmo Hill Road. The people who have lived here for years are being impacted with illegal problems at this property. Since Colucci bought it, it has been better but we are still concerned with them using the driveway to ride their quads. It is also very wet in there. Mr. DellaCorte: Are they also driving the quads on the road? Mr. Ventura: Mostly on the roads. Mr. DellaCorte: How long are you there? Mr. Ventura: Since 1994. Mr. & Mrs. Gilman: Peter & Lori Gilman, 89 DeGarmo Hills Road. We agree with all of their sentiment as well. We do not want multi-family in our neighborhood. Mr. Gaglione: Ken Gaglione, 66 DeGarmo Hills Road. Trash is always over flowing and at clean up time they put everything right on the road in one monster pile and Royal refuses to touch it. It has stayed there for as much as 6 months. The grass is not maintained around the garbage and I am separated by the wetlands. '-' Mr. Horan: I have a couple of questions regarding the material that was submitted. First, according to the leases there are three houses; main house, blue and tan houses. Which house are you seeking the variance on? Mr. Colucci: The main house. Mr. Horan: How many leases do you have now? Mr. Colucci: Two leases on the top and two leases in the basement. Mr. Horan: I believe this document was submitted by you, was this as a result of the C of 0 search at the time of purchase? Mr. Mole': This is something I got from the building department file. I don't know if my clients had this before I did. Mr. Horan: Do you recall seeing this before buying this? Mr. Colucci: I couldn't really say, there was a lot of paperwork. \.. Town of Wappinger Zoning Board of Appeals Page 6 Minutes of June 24, 2008 '-' Mr. Casella: When you purchased the property did you assume you were going to have 2-2 and 4 or 2-2 and I? Mr. Colucci: 2-2 and 4 apartments. Mr. Casella: Is that what the contract said? Mr. Mole': I thought I had submitted the contract but I guess I hadn't. I will submit a copy to this board. Mr. Casella: Is that what the previous owner told you, that it would be a four family? Mr. Colucci: Yes. Mr. Mole': With regard to the wetlands that is a PB matter. As far as the marketing of the property it is my understanding that it was marketed as one parcel. As to what constitutes a family it would be four apartments. The property is already multi-family legally by the town. The only way this reverts back to single family is if my client chooses or if a variance is issued as conditional on the subdivision. With regard to the trash piling up I'll let my client speak to that. Mr. Colucci: With Royal Carting you can only get one can per customer. The town also hasn't cleaned up in two years. We get the notice and then they never come and I had to go out there and clean it up. '-' Mr. DellaCorte: If that happens call the town to come and pick it up. Mr. Mole': These people didn't buy this to deceive the town. Mr. Casella: We don't believe that you are trying to deceive the town. We understand that he bought this under false pretenses. Mr. Horan: When you subdivide are you keeping these buildings? Mr. Mole': That would be up to the PB. Mr. Horan: I have nothing further for now but I would like the contract of purchase. Mr. Mole': We will send that to you. Ms. McEvoy-Riley: Motion to adjourn to July 8, 2008. Mr. Casella: Thank you. Vote: All present voted aye. Mr. Mole': Thank you. .... Page 7 Town of Wappinger Zoning Board of Appeals Minutes of June 24, 2008 Appeal No. 08-7374 Bre-Del Enterprises. Inc.- Seeking area variances of Section 240-37 of District Regulations in an NB Zoning District. -Where a front vard setback of 75 feet is reauired, the applicant is proposin2 a front vard setback of 43 feet to allow for a commercial office building, thus reauestin2 a variance of 32 feet. The property is located on Route 376 and is identified as Tax Grid No. 6259-02-508806 in the Town of Wappinger. ~ Present: Mr. McVeigh: Ms. McEvoy-Riley: Vote: Mr. Barger: Ms. McEvoy-Riley: '-" Mr. Barger: Mr. DeLuccia: Mr. DellaCorte: Mr. Horan: Mr. Barger: Mr. Casella: Mr. DeLuccia: Mr. Horan: Mr. Barger: Mr. Horan: Mr. Casella: Ms. McEvoy-Riley: Vote: \w Dick Barger - Engineer Nick DeLuccia - Applicant Motion to open the public hearing. Second the motion All present voted aye. This is on the north side of Route 376 just south of Maloney Road. The proposed building needs a variance because of the stream in the rear and the closeness to the road. This will allow the building to be in line with the existing buildings. Are the parking spaces in the bookworm 9 feet wide? I don't know. We staked out the building so that you could see where the building would go and hope everybody had a chance to go out and take a look at it. Yes we all did. Is there anyone in the audience with a comment? Hearing none. Are we only looking for a front setback? Yes. We don't need one from the creek. Do you need a retaining wall? No. What kind of septic will you have? A bio-filter. I think it's a good use of the setback. Motion to close the public hearing. Second the motion All present voted aye. Page 8 Town of Wappinger Zoning Board of Appeals Mr. Casella: '-' Ms. McEvoy-Riley: Roll Call: Minutes of June 24, 2008 Motion to grant the variance. This will not cause an undesirable affect on the environment, no detriment to nearby properties and this will be a lot nicer on this lot. Second the motion. Mr. McVeigh: Ms. McEvoy-Riley: Mr. Casella: Mr. DellaCorte: Aye. Aye. Aye. Aye. Appeal 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 reauired, the applicant is proposin2 a front yard setback of 28.75 feet to allow for an 8' X 40' front porch with steps, thus reauestin2 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. Williams: Mr. DellaCorte: '-" Mr. Williams: I want to put a full porch in front of my house. We live across the street now and will move into this house and give ours to our daughter. There are many homes just like this one on our street. We will do a site visit on June 28, 2008 and your public hearing will be on July 8, 2008. Please make sure you stake this all out for us. No problem. Also the reason for the variance is because of the steps. Thank you. Ms. McEvoy-Riley: Motion to adjourn. Mr. Casella: Second the motion. V ote: All present voted aye. Meeting ended at 8:30 PM ~ ara Roberti, Secretary (Zoning Board of Appeals