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2008-01-08 Town of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals Januar)' 8,2008 Summarized Minutes Members: Mr. Fanuele, Ms. McEvoy-Riley, Mr. DellaCorte, Mr. McVeigh, Members Absent: Mr. Prager, Others Present: Mrs. Lukianoff, Mrs. Roberti, Mr. Caviglia Page 1 Minutes of January 8, 2008 Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Member Member Member V ice-Chairman Zoning Administrator Secretary Special Counsel MfNUTES APPROVED MAR 1 1 2008 SUMMARY Discussions: Raymond Karasinski Stonegate Apartments - Variance Denied. -Discussion on January 22,2008. Town of Wappinger Zoning Board of Appeals Page 2 Minutes of January 8,2008 \..r Appeal No. 07-7364 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 5 feet. to allow for a 2-car detached 2 t ' X 24' garage with electric, thus requestine a variance of 15 feet. -Where a rear yard setback of 40 feet is required, the applicant is proposine a rear yard setback of 33 feet. to allow for a 2-car detached 2 t' X 24' garage with electric, thus requestine a variance of 7 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. Fanuele: We had a public hearing on this at the last meeting and are here tonight for a decision. We postponed our decision to have another look at this. The rear is ok for the setback but I feel the side is too close. Ms. McEvoy-Riley: The variance is so great at 75 %, can you reduce this to at least 50 % ? Mr. Karasinski: Then I can't have a two-car garage. Mr. Fanuele: It's not so much about the garage as it is the size of the variance. Are you willing to shrink this down to a smaller size. Mr. Karasinski: The minimum would probably be t 8' X 24'. I can take off 3 feet at most. '-' Mr. Fanuele: Maybe your property just won't allow this. Ms. McEvoy-Riley: I think anything over 50 % is too close. I'm not inclined to approve more than that. Mr. McVeigh: It's over 50 % at this point. Mr. Fanuele: It's just too large. Mr. Lukianoff: If the applicant agrees to change the size he must be aware that he will also be required to change his plot plan first and then come back to this board. Mr. Karasinski: Your really disappointing me. I'm not going to do that. Mr. McVeigh: I make a motion to deny this variance. The reason being that this is just too substantial a variance. It is self-created and we looked at the neighborhood and didn't see any this close. Second the motion. Mr. McVeigh: Mr. Ms. McEvoy-Riley: Mr. DellaCorte: Mr. Fanuele: Denied. Denied. Approved. Denied. Ms. McEvoy-Riley: Roll Call: \.. Town of Wappinger Zoning Board of Appeals Page 3 Minutes of January 8,2008 \..,. Appeal No. 07-7365 Stonee:ate Apartments -Seeking a Use Variance and Interpretation in a HB and R-20 zoning district. Present use is a non-conforming rooming house. The property is located on Old Post Road and is identified by Tax Grid No. 6157-02-641504 in the Town of Wappinger. Present: Michael Berta Mr. Shah Architect Owner Mr. Berta: This is an existing non-conforming use. The permit was issued in error and needs planning board approval and this variance. We are going from 35 units to 40 units although we are not increasing the footprint but re-utilizing the existing space. We are also seeking an interpretation as to what constitutes a kitchen. We have counters, sinks and cabinets. Webster's dictionary says a kitchen is a room for the preparation of food. Ms. McEvoy-Riley: So this is a rooming house? Mr. Berta: Yes it is transient furnished rooms for a single occupant and for short term stays. Mr. Fanuele: So there are 35 rooms there now? ~ Ms. McEvoy-Riley: How long have you owned this? Mr. Shah: 2 years. Mr. Berta: This has been used like this since 1996. Mr. DellaCorte: Why was this increased in rooms in the first place. Mr. Berta: There was a fire here last year and when we began looking at renovating we found a lot of unused and wasted space for storage and thought we would utilize it. Ms. McEvoy-Riley: What is the size of the rooms? Mr. Berta: 12' X 12' is the smallest room. It is building B that needed the renovating after the fire. The new rooms created are larger to give extra space. We are almost 80 % complete. Mr. McVeigh: I'd like to look at this. Mr. Berta: We increased building B in the number of rooms not the floor space. This is a legal non-conforming use and by expanding this is why we need a use variance. ~ Mr. Fanuele: We need to have a definition of a kitchen. \... '-" '-" Town of Wappinger Zoning Board of Appeals Mr. Berta: Mr. DellaCorte: Mr. Berta: Mr. Fanuele: Mrs. Lukianoff: Mr. Fanuele: Mr. Berta: Mr. Fanuele: Mr. Berta: Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Meeting ended at 8:05 PM Page 4 Minutes of January 8, 2008 These units have a refrigerator, microwave and counters. The new units have cheap cabinets from Home Depot. They also have sinks? Yes. Four of the units have full setups. Can we get the state code definition of a kitchen? Yes. What's on the second floor? A caretaker's apartment. I will review the information on a kitchen and I will place you on the January 22, 2008 agenda for further discussion. Thank you. Motion to adjourn. Second the motion. All present voted aye.