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2008-03-25 Town of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals March 25, 2008 Summarized Minutes Members: Mr. Prager, Mr. DellaCorte, Mr. McVeigh, Mr. Casella, Members Absent: Page 1 Minutes of March 25, 2008 MINUTES APPROVED iAPR 22 2008 Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Member Member Member Ms. McEvoy-Riley, Member Others Present: Mr. Roberts, Mr. Horan, Mrs. Lukianoff, Mrs. Roberti, Town Attorney Attorney Zoning Administrator Secretary SUMMARY Public Hearin2: Stonegate / Berta Discussions: Raymond Karasinski Peter & Donna Colucci -Discussion on April 22, 2008. -Public Hearing on April 22, 2008. -Discussion on April 22, 2008. Town of Wappinger Zoning Board of Appeals Page 2 Minutes of March 25, 2008 '--' ADneal No. 08-7365 Stone2ate I Berta - Seeking a Use Variance of Article IV, Section 240-16 and Section 240-37 in the District Zoning Regulations for an HD & R-20 Zoning District. Applicant is seeking a Use Variance to allow the expansion of their existing legal non- conforming use, boarding house with a caretaker apartment, a use not permitted in a single family residential zoning district. The property is located Old Post Road and is identified as Tax Grid No. 6157-02-641504 in the Town of Wappinger. (Berta) ADDeal No. 08-7366 Stone2ate I Berta - Seeking an Interpretation of the Zoning Code as to what constitutes a kitchen. The property is located Old Post Road and is identified as Tax Grid No. 6157-02-641504 in the Town of Wappinger. (Berta) Present: Michael Berta - Architect Mr. Shah - Applicant Rick Romig - Attorney Mr. Prager: Are the mailings in order? Mrs. Roberti: Yes they are. ~ Mr. DellaCorte: Mr. McVeigh: Vote: Motion to open the public hearing for the Use Variance. Second the motion All present voted aye. Mr. Berta: This is a rooming complex on Old Post Road. We are looking to add 8 rooms without expansion but just by converting a dancehall/meeting room into those rooms. Mr. Prager: I have two site plans up here. One is from January 9, 1998 which was the older approved plan. The new plan is dated November 2007. Was this approved by the planning board yet? Mr. Berta: No. This is pending the outcome here before they can hear this. Mr. Prager: This looks like four new rooms where the caretakers room was, room 6B was here before. Mr. Berta: Yes it was one large room. Mr. Prager: For the record I want the following information on file. 1,2,3,4 (B), these are existing rooms. The meeting room is now 7,8 and 12 (B) and the caretaker's room is now 5,9,10 and 11(B). Mrs. Roberti: For the record where is 6(B)? ~ Mr. Berta: 6(B) used to be in the existing meeting room, it was like a private meeting room. Town of Wappinger Zoning Board of Appeals Page 3 Minutes of March 25, 2008 '-' Mr. Prager: 6(B) looks like the storeroom on the old prints. The new prints also show it as a store room. Mr. McVeigh: What is upstairs? Mr. Berta: The caretaker's room is there now. The original asbuilt from 1998 didn't really reflect what was there now. Mr. Prager: Is there anyone in the audience with a question? Mr. Fortini: Ryan Fortini, 23 Beechwood Avenue. I am a State Police Officer and this property abuts mine. Typically from my experience boarding houses create problems and noise. Mr. Berta: Mr. Fortini: Mr. Berta: Mr. Prager: Mr. Shah: ~ Mr. Casella: Mr. Shah: Mr. Romig: Mr. Casella: Mr. Shah: Mr. Casella: Mr. Romig: Mr. Casella: Mr. Berta: We have never had a complaint to the police. Fine but you are adding eight additional rooms. Mr. Shah the owner removes anyone who creates a problem. When did you purchase this property? In December of 2005. I see you paid $1,350,000.00 for this property. When this was purchased what was the fair market value and who did the appraisal. The Town Assessor placed a value of $1,200,000.00. That would be from July of 2006 for the last re-assessment. Was this performed by MJW? (?) Can you break out the $110,000.00 in expenses? The loses are on the re-building and renovations. I expect with the new apartments it will raise the yearly gross. This project doesn't include any additional footprint it is just a reallocation of the square footage. Have you ever tried to remove a tenant? There are no leases. This is a week to week rental and these tenants have no expectations of additional housing and they know that up front. Mr. Casella: So these are six month rentals or less? ~ Mr. Shah: The minimum is two weeks but we have some that stay longer. Page 4 Town of Wappinger Zoning Board of Appeals '-' Mr. Fortini: Mr. Shah: Mr. Fortini: Mr. Romig: Mr. Fortini: Mr. DellaCorte: Mr. Fortini: Mr. DellaCorte: Mr. Fortini: Mr. Shah: ~ Mr. Fortini: Mr. Prager: Mr. Horan: Mr. Shah: Mr. Prager: Mr. DellaCorte: Mr. Casella: Vote: Mr. Prager: Mr. DellaCorte: Mr. Casella: Vote: Mr. Berta: \..- Minutes of March 25, 2008 Do you do credit checks on these people? They pay by money order or cash. We do check ill. We have rules and regulations that we go over with them and they agree to it and sign it. In my experience it can take months and months to evict someone. It takes about 30 days actually. Ijust evicted someone from a rooming house on the other side of Wappinger and it took 30 days. My concern is that I live right there with my family. How long are you there? Two years. Any problems so far? No. What about the health department approval? We are in discussion with them now. We have sand filter belts and the DCHD wants us to convert to a conventional septic system now. That's 1000 sf of trees which is my buffer that will have to come down. That is more of a PB issue so be sure to go to them when this is before them if we approve this here. Have you looked at the financial report? Yes I have. Motion to close the public hearing. So moved. Second the motion All present voted aye. We will address the decision on another night Motion to open the public hearing for the Interpretation. Second the motion All present voted aye. In the new units we are looking to add bar sinks. No stoves and this is just for convenience. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of March 25, 2008 Mr. Prager: This would be new and you have not had this before? '-" Mr. Berta: True. Mr. Prager: Read Tania Lukianoffs letter into the record regarding her determination on what a kitchen is. Is there anyone on the board with a question? Hearing none. Is there anyone in the audience with a question? Hearing none. Mr. Romig: We don't really disagree with the Zoning Administrator. Mr. Prager: You won't be able to have a sink. Mr. Berta: But this is more for re-heating than for cooking. Mr. Romig: A sink doesn't define a kitchen since they are in almost every bathroom. Mr. McVeigh: I agree with washing up but we didn't make up the definition. Mr. Romig: There are sinks in my office as well as the office of the town attorney's where we prepare lunch. Mr. Horan: We have a sink, refrigerator and microwave. ~ Mr. Berta: The state classifies that as a dormitory. Mr. Prager: Is there any other comments? Hearing none. Mr. Casella: Mr. DellaCorte: Vote: Motion to close the public hearing. Second the motion All present voted aye. Mr. Prager: We will render a decision on April 22, 2008. Mr. Romig: Thank you. Appeal No. 07-7367 Raymond Karasinski- Seeking area variances of Section 240-37 of District Regulations in an R- 20 Zoning District. -Where a side yard setback of 20 feet is required, the applicant is proposine: a side yard setback of 10 feet. to allow for a 2-car detached 22' X 24' garage with electric, thus reQuestine: a variance of 10 feet. The property is located at 7 Rowell Lane and is identified as Tax Grid No. 6257-02-897587 In the Town of Wappinger. Mr. Karasinski: The last time I was here I was denied because I wanted my garage 5 feet from the side. You asked me to make it farther from the side. Now my garage would only be 10 feet from the side and I no longer '-' Town of Wappinger Zoning Board of Appeals Page 6 Minutes of March 25, 2008 ~ need a rear variance, I am attaching it to my house now and there was no opposition from any of my neighbors. Mr. Prager: I see this is one foot larger. Mr. Karasinski: Yes but only in the front. It is actually 19 feet wide against the house on the side but in the rear it is wider in the back of it against the house. Mr. Prager: Do you want a site visit? Mr. Casella: It's not necessary. Mr. Karasinski: I also plan on landscaping the side and the rear. Mr. DellaCorte: Barbara do the neighbors need to be notified again? Mrs. Roberts: Yes they do. Mr. Prager: I will set your public hearing for April 22,2008. Mr. Karasinski: Thank you. ~ Appeal 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 - Applicant Jennifer Herodes - Attorney Ms. Herodes: I am representing the Colucci's this evening for my partner Mr. Mole. When we reviewed the financial documents we found some inaccuracies. This was in a discussion between Mrs. Lukianoff and Mrs. Colucci. The CPA was to re-do the report and correct them. So we are here tonight seeking an adjournment until that is received. Mr. Colucci: We bought this three years ago and started using all the units. A tenant of ours has some issues and complained to the town which is when they found out that three of the apartments were illegal. Mrs. Lukianoff: No inspection had been done on this house. Ms. Herodes: I believe we know that from letters from the town stating this building is a two family, this is a one and this is a two. There was a stipulation with the prior owner and the town which we bought subject too but my client was unaware. \..r Town of Wappinger Zoning Board of Appeals Page 7 Minutes of March 25, 2008 '-" Mr. Casella: Can we do a site visit because I haven't seen it. Ms. Herodes: That won't be a problem. Mr. Prager: We will do a site visit on April 51h at 9 am. We will also schedule a discussion on April 22m! and we will call the CPA for the revision report. Ms. Herodes: Thank you. Mr. McVeigh: Mr. DellaCorte: Vote: Motion to go into executive session. Second the motion All present voted aye. Mr. McVeigh: Mr. Casella: Vote: Motion to corne out of executive session. Second the motion All present voted aye. .~ Mr. DellaCorte: Mr. Casella: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 9: 15 PM .RespectfullY S~U.... mitte. ~.~. / ~ ~. ~ , ar a Roberti, Secre ary Zoning Board of Appeals '-'