2008-03-11
Town of Wappinger
Zoning Board of Appeals
MINUTES
Town of Wappinger
Zoning Board of Appeals
March 11, 2008
Summarized Minutes
Members:
Mr. Prager,
Ms. McEvoy-Riley,
Mr. DellaCorte,
Mr. McVeigh,
Mr. Casella,
Others Present:
Mrs. Lukianoff,
Mrs. Roberti,
Mr. Roberts,
Page 1
Minutes of March 11, 2008
MINUTES
APPROVED
APR 0 ~ 2008
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member
Member
Member
Member
Zoning Administrator
Secretary
Attorney to the Town
SUMMARY
Discussions:
Stonegate / Berta
Brian & Irene Moody
-Discussion on February 12, 2008.
-Public Hearing on April 22, 2008.
Town of Wappinger
Zoning Board of Appeals
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Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote: .
'-'
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
Ms. McEvoy-Riley:
Mr. McVeigh:
Vote:
Page 2
Minutes of March 11, 2008
Motion to approve the minutes for October 23, 2007.
Second the motion.
All present voted aye.
Motion to approve the minutes for November 13, 2007.
Second the motion.
All present voted aye.
Motion to approve the minutes for November 27, 2007.
Second the motion.
All present voted aye.
Motion to approve the minutes for December 11,2007.
Second the motion.
All present voted aye.
Motion to approve the minutes for January 8, 2008.
Second the motion.
All present voted aye.
Motion to approve the minutes for January 22, 2008.
Second the motion.
All present voted aye.
Motion to approve the minutes for February 12,2008.
Second the motion.
All present voted aye.
Motion to approve the minutes for February 26, 2008.
Second the motion.
All present voted aye.
Appeal No. 08-7365
Stone2ate I Berta - Seeking a Use Variance of Article N, 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)
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Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of March 11, 2008
\...
Appeal No. 08-7366
Stoneeate / 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
Mr. Prager:
We have had meetings on this in January and as of yet the financial
information has not yet come in.
Mr. Berta:
We have also submitted the Long EAF as requested.
Mrs. Roberti:
The financial information will be sent by March.20th according to the
CPA.
Mr. Prager:
The next meeting that we will have is March 251~ and we can set your
public hearing for that date.
Mr. Roberts:
I suggest that the record include the resolution from the Planning
Board 1998 c1arifyif.lg the approved uses on this project.
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Mr. Prager:
Fine and the public hearing will be March 25th. Regarding the second
item Appeal #08-7366 for the Interpretation of what constitutes a
kitchen, we will also schedule that public hearing for March 25th as
well.
Mr. Berta:
Kitchenette, the wording is really the problem because a microware
isn't really for cooking but rather for heating.
Mrs. Lukianoff:
That's the definition in our code.
Mr. Prager:
We will take this up at the public hearing.
Mr. Berta:
Thank you.
Appeal No. 07-7340
Brian & Irene Moodv - Seeking a Use Variance of Article N, Section 240-16 and Section 240-
37 in the District Zoning Regulations for an R-40/80 Zoning District.
Applicant is seeking a Use Variance for the use as a two family residence in a single family
residential zoning district. The property is located 29 Middlebush Road and is identified as Tax
Grid No. 6157-01-394824 in the Town of Wappinger. (Sarcone)
Present:
John Sarcone - Attorney
Brian & Irene Moody - Applicant
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Town of Wappinger
Zoning Board of Appeals
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Mr. Sarcone:
Mr. Roberts:
Mr. Sarcone:
Mr. Prager:
Mr. Sarcone:
Mr. Prager:
Mr. Roberts:
\.
Mrs. Lukianoff:
Mr. McVeigh:
Mr. Roberts:
Mrs. Lukianoff:
Mr. Sarcone:
Mr. Roberts:
Mr. Sarcone:
Ms. McEvoy-Riley:
Mr. Casella:
Vote:
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Page 4
Minutes of March 11, 2008
We understand you are going to set a public hearing and we request a
decision at its closing.
You are waiving any commercial use on the site and limiting this to
only two one-family apartments, correct?
Yes. .They will waive their right on that. The two family non-
conforming is not up to Town Code but if granted the applicants will
comply with all fire codes, building codes, etc.
We also wanted an estimate of converting this back to a one family
residence?
We did one and included it in our first submission and it was also
forwarded to the CPA. So clearly the standard has been met.
We will schedule your public hearing for April 22, 2008 since Jennifer
is out on the 25th of this month and I will be out on the 8th of April.
Tania if this has a positive vote will they be eligible for a certificate of
legal non-conformity?
Yes I believe so. Are you also are relinquishing your right for a home
occupation?
Can you define that?
Under our code a home occupation is allowed in a single family zone.
That is my concern.
Of course not.
Do you mind if I talk to them in executive session because I don't
think its appropriate to allow a two family in a single family zone and
then be permitted to have two home occupations. Let me address that
John and I will get back to you.
Fine. Thank you everyone, goodnight.
Motion to go into executive session.
Second the motion
All present voted aye.