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2008-01-22 Town of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals January 22, 2008 Summarized Minutes Members: Mr. Fanuele, Ms. McEvoy-Riley, Mr. DellaCorte, Mr. McVeigh, Mr. Prager, Others Present: Mrs. Lukianoff, Mrs. Roberti, Mr. Roberts, Mr. Horan, Page ] Chairman Member Member Member Vice-Chairman Minutes of January 22, 2008 MINUTES APPROVED MAR 1 1 2009 Town Hall 20 Middlebush Road Wappinger Falls, NY Zoning Administrator Secretary Attorney to the Town Attorney to the Town SUMMARY Discussions: Stonegate / Berta Extensions: Strang Site Plan Degnan Site Plan -Discussion on February 12,2008 -Accepted 6 month extension for closed Public Hearing. -Accepted 6 month extension for closed Public Hearing. Town of Wappinger Zoning Board of Appeals Page 2 Minutes of January 22, 2008 ~ The schedule for the Zoning Board of Appeals has been accepted and duly posted for 2008. Appeal No. 08-7365 Stonee:ate 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) Appeal No. 08-7366 Stonee:ate 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 Mr. Shah - Architect - Owner Mr. Berta: This is an existing non-conforming building that had a fire last year. We are looking for approval for an additional eight rooms in addition to the original 35 rooms plus a caretaker's cottage. When the fire first took place there was a large open area for recreation that was not being used. This is all currently under construction at this time. ~ Mr. Prager: Which building is this? Mr. Berta: Building B. That is the building that had the fire. At this time a discussion took place as to what is exactly in each of the three buildings. Below is what was accepted by the Planning Board in 1998. Building I is now I-A: First Floor - 5 rooms with bathrooms, no kitchen facilities. Second Floor - 4 rooms with bathrooms, no kitchen facilities. 2 rooms with bathrooms and kitchen facilities (efficiency) Building 2 is now 2-A: First Floor - 2 rooms with bathrooms and kitchen facilities (efficiency) Building 3 is now B: First Floor -4 rooms with bathrooms, no kitchen facilities. 1-2 bedroom apartment for manager Proposed Day Room ~ Town of Wappinger Zoning Board of Appeals Page 3 Minutes of January 22,2008 Second Floor - Not designates. ~ Building 4 is now C: First Floor -8 rooms with bathrooms, no kitchen facilities. Second Floor -9 rooms with bathrooms, no kitchen facilities. The discussion between the ZBA and Mr. Berta resulted in the following determination. Mr. Prager: So it seems where building A added a room, building C removed one. So there is no change in the number of rooms between those two. Now on to building B, I see 4 rooms that are the same as with an apartment for the manager on the old plans. How many rooms was that converted too? Mr. Berta: We made 4 apartments out of the caretaker's apartment and 4 rooms out of the recreation room. Mrs. Lukianoff: So the caretaker's apartment is now on the second floor. Even though they did increase the square footage of apartments, they did not increase the foot print of the building. Mr. Prager: Is the apartment on the second floor brand new? Mr. Berta: Yes. The bath here is where the stairs are shown. Mr. Prager: So you are looking for a Use Variance for the expansion of the non- conforming use for the extra number of rooms. ~ Mr. Shah: We are almost 90 % complete in the renovations and we have had many inspections already form the building departments and each day that we don't finish is costing us money. Mr. Prager; Tania who did you speak to initially? Mrs. Lukianoff: I spoke with Mr. Berta and Mr. Shah and based on the number of units already there we spoke of a day room to be made into rooms only with no kitchen facilities. Then post that time they had the fire and when the plans came in it showed more than we had discussed. Mr. Berta: The plans submitted after the fire where the only plans submitted. Mrs. Lukianoff: I have in my notes our conversation before the fire. Mr. Prager: Anything else from anybody? In order to receive a Use Variance you will need to prove a few things. We will need you to provide your financial documents for review by our CPA and an escrow account in the amount of $3,000.00 will need to be set up. Mr. Shah: I have already given money for an escrow. Mr. Prager: That was for the planning board and we are a separate board that needs to set up our own escrow. '" Town of Wappinger Zoning Board of Appeals Mr. Horan: ~ Mr. Berta: Mr. Horan: Mr. Berta: Mr. Horan: Mr. Berta: Mr. Prager: Mr. Berta: Mrs. Lukianoff: Ms. McEvoy-Riley: Mr. Shah: \.. Ms. McEvoy-Riley: Mr. McVeigh: Vote: Mr. Horan: Mr. Shah: Mr. Prager: Mr. Horan; Mr. Prager: Mr. A. Roberts: Mr. Prager: Mr. A. Roberts: Mr. Prager; "'" Page 4 Minutes of January 22,2008 Is septic in use for this? Yes. It is an existing sand filter but we are with the DCHD for a new system. The review is in the final stages. What about water? It is fine according to the DCHD. How much parking do you have? We have enough to meet the requirements for zoning and we are planning some re-striping. Where is the office now? It was relocated after the fire to a shed on the property . We will keep that as the office. It is not new but it has no building permit and it needs to be reflected on the plans. When did you buy this Mr. Shah? I bought this in December 2005. Motion to request $3,000.00 for escrow. Second the motion. All present voted aye. Is there heat in the shed for the office? We have electric heat. We will schedule a site visit for this Saturday, January 26, 2008. Mr. Horan can you meet us there? I will check my availability. Regarding the interpretation for a kitchen? The Zoning Administrator will issue her determination for that at the public hearing. What about SEQRA on this? Yes, Mr. Berta should fill out the long EAF and send it to you. We will place you on the February lth agenda so please remit the $3,000.00 for the escrow, the long EAF and the financial information. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of January 22,2008 ~ Mr. Berta: Thank you. Appeal No. 06-7333- Jeffrev Stram! - Applicant is granting an additional 6 month extension of the closed public hearing. This extension would run from February12, 2008 through August13, 2008. Seeking area variances of Section 240-37 and Section 240-1 07B (2) (b) [2] of District Zoning Regulations for HB Zoning. 1. -Where 2 acres are required, the applicant is proposing 1.78 acres to allow for a mix of commercial and multi-family housine:. thus reQuestine: a variance of .22 acres. 2. -Where a lot depth of 200 feet is required, the applicant is proposing a lot depth of 107.8 feet to allow for a pre-existine: condition. thus reQuestine: a variance of 92.2 feet. 3.-Where 50 feet from the from the front line of other street (Town Road) is required. the applicant can provide 7.9 feet, thus reQuestine: a variance of 42.1 feet for a front yard setback. 4.-Where a rear yard setback of 30 feet is required, the applicant is proPOsine: a rear yard setback of 13 feet. to allow for the proposed design, thus reQuestine: a variance of 17 feet. The property is located between Old State Road and Old Route 9 and is identified as Tax Grid No. 6157-02-580777/581803 in the Town of Wappinger. (public Hearing closed on February 13, 2007, Expired Apri116, 2007. Applicant granted a 60 day extension to June 15, 2007, a second 60 day extension to August 15,2007.) \wr Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Motion to accept 6-month extension on the closed public hearing. Second the motion. All present voted aye. Appeal No. 06-7299 John Del!I1an - Applicant is now granting an additional six month extension while they appear before the planning board. This extension would begin on March 6, 2008 and run through September 5, 2008. Seeking an area variance of Section 240-37 of District Regulations in an HD Zoning District. -Where a lot depth of 300 feet is required, the applicant is proposinl! a lot depth of 260 feet to allow for a pre-existing condition, thus reQuestine: a variance of 40 feet. The property is located at 1708 Route 9 and is identified as Tax Grid No. 6158-02-543530 in the Town of Wappinger. (Public Hearing was closed on April 11, 2006. 62 days set to expire on June 12, 2006, first extension granted to September 10,2006, second extension granted to March 9, 2007 and third extension granted to September 7, 2007. Applicant is now granting an additional six month extension while they appear before the planning board. This extension would begin on September 8, 2007 and expire on March 6, 2008. Ms. McEvoy-Riley: Mr. McVeigh: Vote: Motion to accept 6-month extension on the closed public hearing. Second the motion. All present voted aye. '" Town of Wappinger Zoning Board of Appeals Page 6 Minutes of January 22, 2008 \w At this time the ZBA went over procedures with the Town Attorney. Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 9:00 PM R.. .espect.fUIIY S.U~bmit.ted.-. ___. "' ,~/? . ~ A / I&-/J ~f Secret , Secretary - Zoning Board of Appeals \." ~