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2007-09-25 Town of Wappinger Zoning Board of Appeals Page 1 Minutes of September 25,2007 ~ MINUTES APPROVED MINUTES OCT 09 2007 Town of Wappinger Zoning Board of Appeals September 25, 2007 Town Hall 20 Middlebush Road Wappinger Falls, NY Summarized Minutes Members: Mr. Fanuele, Chairman Mr. DellaCorte, Member Ms. McEvoy-Riley, Member Mr. Prager, Vice-Chairman Absent: Mr. McVeigh, Member Mr. Caviglia, Special Counsel \., Others Present: Mrs. Lukianoff, Zoning Administrator Mrs. Roberti, Secretary "'\ o W SUMMARY Public Hearings: Nicholas & Linda Geremino -Variance granted. Discussion: Peter & Donna Colucci -To resubmit information to the CPA \..r Page 2 Town of Wappinger Zoning Board of Appeals ~ Mr. Prager: Mr. DellaCorte: Vote: Mr. Prager: Mr. DellaCorte: Vote: Mr. Prager: Mr. DellaCorte: Vote: Minutes of September 25,2007 Motion to approve the site minutes for August 28, 2007. Second the motion. All present voted aye. Motion to approve the site minutes for September 11, 2007. Second the motion. All present voted aye. Motion to approve the site minutes for September 15,2007. Second the motion. All present voted aye. Aooeal No. 07-7355 Nicholas & Linda Geremino- Seeking area variances of Section 240-37 of District Regulations in an R-40 Zoning District. -Where a rear yard setback of 50 feet is required, the applicant is orooosine: a rear yard setback of 36.5 feet. to allow for a 12' X 16' open wood deck, thus reQuestine: a variance of 13.5 feet. The property is located at 303 Route 82 and is identified as Tax Grid No. 6356-01-199863 in the Town of Wappinger. \.., Present: Mr. Prager: Mrs. Roberti: Mr. Prager: Mr. DellaCorte: Vote: Mr. Fanuele: Mr. Geremino: Mr. Fanuele: Mr. Prager: Mr. DellaCorte: Vote: ~ Nicholas Geremino Mark Lontco - Builder Are the mailings in order? Yes they are. Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. I would like to make my deck larger in order to fit a table so that my family can eat out there. The original one is very small. We did a site visit out at your home and your home is set very far back. Is there anyone in the audience with a question? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals Page 3 Minutes of September 25,2007 '-' Mr. Prager: Motion to grant the variance. This will not be detrimental to any nearby properties. It will not be environmentally sensitive and there really is not an alternative to achieve this. It is self-created but is not substantial. Second the motion. Ms. McEvoy-Riley: Mr. Prager: Mr. DellaCorte: Mr. Fanuele: Aye. Aye. Aye. Aye. Mr. DeIlaCorte: Roll Call: Aooeal No. 06-7356 Peter & Donna Colucci - Seeking a Use Variance of Article N, Section 240-16 and Section 240-37 in the District Zoning Regulations for an R-40 Zoning District. Applicant is seeking a Use Variance for the continuance of a pre-existing non-conforming use as (two) two-family residence's and to change the use of a one-family residence into a four family residence where only single family residences are permitted. 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 - Owner Anthony Mole - Attorney ~ Mr. Mole: My clients purchased this property in October 2004 from the Longhitano's. They purchased two 2-families and one four family home. They used it as two 2-family structures and one 4-family structure. The Longhitano's had a stipulation agreement with the town to allow the two, 2-families and a one family. This was not evident in the title report or the municipal search that was done so my client's were not aware that the four-family was not permitted. They were under the understanding that it was permitted. About two years after they purchased the property they received a violation from the town that it was not in accordance with the zoning in the Town of Wappinger in that area, which is single family zoning. The violation they received was not for the two 2-families but only for the one-family being used as a four family. So the subject of this application is that one structure. I have submitted an application with some documentary evidence of losses and expenses. I understand a CPA will submit a letter to us requesting further information. Mr. Prager: On this map which building is it in question? Mr. Colucci: Shows the ZBA which structure is in question. Mr. Prager: So when you purchased this property this was already a four family house? Mr. Colucci: As far as I knew it was. \..- Town of Wappinger Zoning Board of Appeals Page 4 Minutes of September 25, 2007 '-" Mr. Mole: The attorney that actually handled the closing is from my office. I spoke with him regarding this and he said all the reports came back with no violations, the title report did not disclose anything to that affect so the buyer had no reason to believe it was not legal. Mr. Fanuele: The seller never mentioned it? Mr. Mole: The seller led my client to believe it was pre-existing non-conforming as the two 2-families were. Mr. Prager: Obviously you inspected the property before you bought it? Mr. Colucci: Yes and only the owner was living in the four families. Mr. Prager: And he led you to believe it was legal? Ms. McEvoy-Riley: Wouldn't the title company pick this up? Mr. Mole: The stipulation was never signed by the judge only by Mark Liebermann the Fire Inspector. Mr. Fanuele: If the seller never told the buyer then isn't this an issue with the seller? '-" Mr. Mole: That is really a separate issue. Mr. Fanuele: What are you doing with the rest of the property? Mr. Colucci: We would like to subdivision the balance and we are working on that. It's a long process. Mr. Mole: If he subdivides it, the goal was to subdivide into conforming lots and sell those lots as single family homes. So even if the variance was granted the ultimate intention is to make this property all single family lots. My client would not have a problem with that being a stipulation either. Mr. Fanuele: Is it rented now with 8 families? Mr. Colucci: Yes. Mr. Mole: We are in court right now. Mr. Fanuele: I don't feel a use variance is proper for this since the seller didn't tell him the truth. Mr. Mole: But that supports that this is not self-created since the seller lied to him. '-" Ms. McEvoy-Riley: Since this is already 5 residences in a one family zone and to turn that into 8 families is changing the zoning law. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of September 25, 2007 \..r Mr. Mole: Yes but the town recognizes that this is already a multi-family parcel for so many years. Mr. Fanuele: I feel the stipulation says 5 families and if the buyer bought it with the intention to be more then it's the buyer's problem. Mr. Mole: But the town has certain criteria for a use variance and I believe we can meet that and the ZBA can't deny this based solely on self-created hardship. Ms. McEvoy-Riley: On a use variance we can. We have to vote yes to each question. Mr. Mole: Respectfully I have a hard time with the board already telling me they will deny it. Mr. Fanuele: If you want to go through the process fine. Ms. McEvoy-Riley: You will need to put up an escrow of $5,000.00 so that we can hire someone to help us. (Went through the criteriafor a use variance for the applicant. ) Mr. Mole: Why is the escrow so high? ~ Mr. Fanuele: We don't know what we will be charged. Mr. Mole: When you purchase a property it is hard to discover some things. This wasn't in the title search, the building dept. records and not supplied by the seller so this is not a self-created hardship. Mr. Fanuele: You still have issue with the seller. Mr. DellaCorte: I would like to see how you discovered that. Mr. Mole: Fine. Mr. Fanuele: Ok set up the escrow and we can't schedule a public hearing until we get answers from the CPA. You have been collecting rents from 8 families? Mr. Colucci: Yes. Mr. Prager: How much did you pay for the property? Mr. Colucci: $1,500,000.00. Mr. Fanuele: So in 2006 with collecting from 8 families you are still in arrears? Mr. Colucci: Yes. This is just not working out at all. \...- Mr. Prager: You're in court right now? '-' ~ '--' Town of Wappinger Zoning Board of Appeals Mr. Mole: Mrs. Lukianoff: Mr. Prager: Ms. McEvoy-Riley: Vote: Mr. Prager: Mr. Mole: Page 6 Minutes of September 25, 2007 Yes but it is on hold until we are done here. I don't recall starting before 2006 but the charges go back to 2005. Motion to set the escrow at $5,000.00 Second the motion. All present voted aye. We will discuss with Mr. Caviglia what you will actually need. Thank you. Ms. McEvoy-Riley: Motion to adjourn. Mr. DellaCorte: Second the motion. Vote: All present voted aye. Meeting ended at 8:00 PM IIYSUbmiW~ . arbara Roberti, Secretary Secretary - Zoning Board of Appeals