1129
TOWN OF WAPPINGER
PLANNING .,BOARD.' ,
~APPI~:ER F~LS., NEW ~ipJ!.rtnl - J J!rtn it 'Jb~l " , ." ,,:fiiJ' .-<:';
Name . OfAP~~licant;. Diane & Robert Henshaw ',;,:' ~::::f~I~~~, 'j', ',:l,i2:i '.:',: : .;',:",>.': ,-::~i' . "
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Addre~s: 425 'All Angels Hill Road,' ,'Wappinger Fall NY' , .. ~ ,. - ,-08 1 l' :.':":;;
" 'LocatJ.!)n of Property; , Same as above . s,., 'i; . 'Zone';' 'R~40' , " ,I.,,:,';:';
. Nature 'of Req~es t: , ::: . ....... i!(:~:.':',~f',:
. ." " , Seeklng a Special Use Permit of Articel IV Section 446 Paragrapp. 806 .;!; :.; ,: !:\
to.. er.ect a':Catetakers/ Guest House. ' . ,..." '''t,
,,: D~te of'Adve;tisement; Al'ril I: 1992 Southern Dutchess N'ewsD~ ':,;,';i':
Date of Public nearing;' April 20,1992 adjourned re-opened July 13, 19-92 . , .;.!,
:. Place of l1ear~,ng.: T~wn llall, 20 Middlebush Rqad, wappi~ge.r x:a11Sr Ne~ ~~~~.,,;:'
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The matter having duly come on to be heard before a duly convened meeting of;:, the Planning'
Board on the 13' day of Julyand all facts" matters and ~,vidence produced py the appli,fant."
the Zoning Administrator and interested parties having been duly heard, rece1ived and ::' ,....' ,
consider~d,and due deliberation having been ha~".the following are the' '!:
CllAIRMAN Donald Keller
VICE CHAIRMAN Bill Parsons
MEMBER Mike Franzese
MEMBER
MEMBER
MEM,BER
MEMBER
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Phil DiNOn1llo
Hugo Must~f ,
Chris Simo.fi:etty
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. MEMBERS: PRESENT
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A short EAF has been submitted as per SEQRArequirements and a Negative Declaration is
in order since it appears that there will be no major imp~cts on the environment.
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FINDING OF FACT:
Pursuant to 421.2 of the Zoning Law, a Guest house and/ or .Caretakers
Cottage is permitted in a R-40 District by S~ecial Permit of the Planning Board on lots
of at least 10 acres and subject to Section 446.601.'
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THEREFORE, based upon the above findings of fact it is hereby ordered GRANTl;Ip, subject :,; .,
to: 1. The stipulations that are part of the. DECISION & ORDER (attached".) ......1.,','...:.. :!
2. Letter ftom the Town Attorney. (attached).' .'
3. All the concerns of the Engineer to the Town be satisfied as copy of his :!t'oncernsatta~he~.
4. Must comply with all the conditions and st.ipulations of Section 446. 'j
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THEREFORE, based upon the above findings of fact, it is hereby ORDERED that jthe applicadjon'"
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be .and ..the same is hereby GRANTED :1 ." ::!:~
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L a 'i)f:I"Y'~- ~ / AD-/:/('/;1. . / :,' .::'!
cCler~/, 0 th'7 Plann ng Board .. ClIAIRMAN ,rJl'. . r: .')
~~46~~a~O:' ~UN?J~;: ~~~:~: ::: personally came,! ,. ,r - .',:' .' ::,;[:;
Chairman of: the Pla~oard of the TOWN of WAPPINGER, N ~ Y ~ to me known as the " .j:.' ,':: ,
individual' described in and who executed the' foregoing ins~rument, and acknowledged'tha,t;,:l:',:.;.
~ execueed same. J!i~d~ .tU~~' ':.!1rr;,,(.;
NOTARY . No,23I1720 ,::;:'.'~
Wappinger Fal~EW YORK ~uallf,ed rnoutc~~~3:i:':\':,,;:
~_ \ mls~lon EXPIr~~ 10 1/1 . '. :il~':,':':;i:
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TO CLERK' :i .' !
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This Special Use Permit is granted for a period 1 years and may be renewed
thereafter.
Wappinger Falls, New York, this
Filed in th~ Office of
on. the CX1 ~ day of
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'ZONING BOARD OF APFEALS , \
. l~llppingers Falls, 'New 'York 12590
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Name of Applicant: Diane & Robert Henshaw
Address: 425 All Angels Hill Road, Wappinger Falls,NY.' Grid ~o,~1J 19-6357-03-088161-00
Location of Property: same as above Zone: .", R-40
Nature of Request: An Interpretation of Article IV Sec.tion.446.~06.;.!(,.
Caretakers/Guest House regarding the square footage. r' I"~ '.' . 'f;;.
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Date of Advertisement: June 3, 1992 - Southern Dutchess News
Date of Public Bearing: June 9, 1992 ;!:,
Place of Bearing: Town Hall, 20 Middlebush Road, Wappingers
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MEMBERS PRESENT:
Mr. Joel Sasser Chairman
Mr. Michael Hirkala' Vice' 'Chairman
Member
The ~atter having duly come on to be heard before a duly convened meeting of the
Board on' the 9th day of June, 1992 and the facts, matters "and evidence
produced by the applicant, the Zoning Administrator and interestedparties.having
been duly heard, received and considered and due deliberation having been had, the
following are the " i,:
FINDINGS OF FACT:
Mr. Alan 'Lehigh
,: Mr. James Brooker
Member
Member
The subject premises are located in the R-40 District w~th the following setbacks:1.
Front, county/state highway, c/l street 75'; Front lot line 50'~ side, 25'; rear,50'.
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"Pursuant to 421.2 of the Zoning Law,
in aR-40 District by Special Permit
and subject to Section 446.601;1
a guest house and lor
of the Planning ,Board
,caretakers ,cottage i~ permitted
on.lotsofat least 10 acres
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Pursuant to 446.601 the following provisions must be met prior to issuance of.a Special
Use Permit by the Planning Board; 446.806.1 Itlinimum lot size' 10 acres; 446.806.2"
maxi~um density one per estate; 446.806.3 Parking as required by Section 470; 446.806.4
buffering none; 446.806.5 signs none; 446.806.6 architectura~ considerations none;
446.806.1 compatibility with surroundings none; 446.80~.8 other conditions (a) each
structure shall be placed in a manner that will allow a future subdivision based upon
compliance with current Zoning regulftions;;(b) each structure shall contain at least
800 square feet of' usable floor area. . ;':' '; ,1,:;<:'
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The applicant has r~quested that the Zoning 'Board of, Appeals: interpret Article IV Section
446.8060f'the Town'.pf Wappinger Zoning Law regarding the square footage of a caretakers
cottage/guest h6us~to be 19cated at 425 All Angels Hill Road. The .Board notes that the
current Zoning Lawd,oes not provide for a maximum amount of usabel'.flaor area. The Board
further notes that if. ther.eis any ambiguity in the Zoning Law, any'such ambiguity must
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be construed against .the Town and in favor o~ the landowner.: In the;'absence of express
definitions contained within the Zoning Law itself, words'andphases-use~are construed
in their ordinary ~hd usual manner.' ' . "7.', : ;,,:,':' .;..,-::-'., ::;"~k:.~;'~:'-'"':'::", ~
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The ~pplicant has satisfied the Board that"the proposed structure ~ill not b~ r~nted an~/
or will be provided as compensation in lieu or in addition,;to wages earned.'
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The Board has determined .that the usual and customary,definitionofguest house or
caretakers cottage infers tha~ the building will be smaller in s,\uare footage than the
main house. (CONTINUED N~T PAGE).. '.',' .' . . ;;':, ,:, "
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'TOWN OF WAPPINGER,
P.O. Box 324
20 Mlddlebush Road
Wapplngers Falls, NY 12590-0324
ZONING BOARD OF APPEALS
PAGE 2
DECISION & ORDER
DIANE & ROBERT HENSHAW. :
THEREFORE, based upon the above findings of fact,it is hereby ORDERED that Section
446.806 be interpreted that the definition of guest house and/or.caretakers cottage
refer to a structure that is a minimum of 800 usable square feet and a maximum that
is smaller than the main house.
Dated, Wappinger Fal)f' N.Y.
this /,y day of /,/~) 191,,2,
STATE OF NEW Y ORK, CO~TY OF DUTCHESS ss: . ~
On the ~l/#) day of ~,(,~"r\./9'z. before me personally came,
Chairman of the Zoning Board of Appeals of the Town of, Wappinge.t;.,Fal,ls, N. Y. to me
known as the individual described in and who executed ' the foregoing:statements, and
asknowledged that he executed the same.
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Notary
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No. 2381720
, OuallfJed In Dutchess cou~t17-..3
Commission expires 10/31/1
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Falls, N.Y.
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TOWN CLERK
Filed, O~ice of the Town Clerk, Wappinger
on ~3~. day' of ju (\e- I ( qtf;)-
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GELLERT S CUTLER" P.C.
ATTORNEYS AND COUNSELORS AT LAW
SHELDON CUlLER
LEONARD KLEIN
ARTHUR L. GELLERT
STEPHEN E. EHLERS
PAUL J. GOLDSTEIN"
JOHN A GEOGHEGAN
ALBERT P. ROBERTS
LILLIAN S. WEIGERT
CARL P. BARONE
STEPHEN E. DIAMOND..
RAINA E. MAISSEL.
DAVID R. WISE""
EMANUEL F. SARIS
TERRY D. HORNER
75 WASHINGTON STREET
POUGHKEEPSIE, NEW YORK 12601
JOSEPH H. GELLERT
(1907-1989)
(914) 454-3250
FAX, 914-454.4652
June 3, 1992
WESTCHESTER OFFICE
35 PURCHASE STREET
RYE. NEW YORK 10580
(914) 967-6200
FAX 914 967-6236
. ADMITTED IN NY e FL
.. ADMITTED IN NY, FL a MA
. ADMITTED IN NY a ENCLAND
.. ADMITTED IN NY a CT
LONG ISLAND OFFICE
2001 MARCUS AVENUE. SUITE W95
LAKE SUCCESS. NEW YORK 11042
(516) 355-0905
PRIVILEGED & CONFIDENTIAL
lTp fro: (0\ ~. r! \\fl IF 'r!")
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Zoning Board of Appeals
Town of Wappinger
20 Middlebush Road .
P.O. Box 324
Wappingers Falls, NY 12590
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Attn: Perry Sasser, Chairman
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L I~ I.d . \,i1,,,' 1111 ",I,
Re: Appeal of Henshaw
Our File No. 5456.4826
Dear Joel:
Reference is made to the Notice of Appeal for Interpretation
filed by Robert and Diane Henshaw on May 27, 1992 and the
memorandum of Herbert J. Levenson dated May 28, 1992 in
connection therewith. Per my conversations with both you and
Herb, it is my understanding that the primary issue before the
Zoning Board is the interpretation of the term "Caretakerls
Cottage". A review of the file indicates that the subject
property is loca~ed in a resid~ntial district, and an analysis of
the Town Zoning Law indicates that a guest house or caretaker's
cottage is permitted in single-family residential districts by
special permit (Zoning Law 421.2 Subd. 6) and subject to the
further provisions of section 446.806:
1. Minimum lot size of 10 acres;
2. One guest house "per estate";
3. Parking requirements as required by Section 470;
4. Structure must be located in such a manner that will
allow a future subdivision of the land basea on
compliance with current zoning regulations; and
5. The structure must contain at least 800 square feet of
usable floor area.
GELLERT S CUTLER" P.C.
^TTORNEYS ^ND COUNSELORS ^T L^W
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The map supplied showing the location of the proposed structure
does not give any courses of the portion of the lot where the
structure is to be located. However, subject to confirmation by
the applicant's surveyor, it would appear that the proposed
location of the caretaker's cottage provides sufficient area to
allow for a future subdivision. This should clearly be
delineated on the map when presented for final review.
As a general rule, uses permitted by "special permit" are uses
permitted as of right, and so long as the applicant complies with
the conditions required of the special permit, the municipality
is obligated to grant the special permit. However, by
definition, a "caretaker's cottage" is a subordinate or accessory
use and should be considered in that light.
If there is any ambiguity in the Zoning Law, any such ambiguity
must be construed against the Town and in favor of the landowner.
In the absence of express definitions contained within the Zoning
Law itself, words and phrases used in the Zoning Law will be
construed in their ordinary and usual manner.
The Zoning Law is completely void of any definitions of the terms
"guest house", "caretaker cottage" or "estate". In the absence
of finding definitions in our Z0ning Law, I explored elsewhere.
There were no definitions of such terms in Black's Law
Dictionary. The American Heritage Dictionary, Second College
Edition, defines "caretaker" as "one that is employed to look
after or take charge of goods, property, or a person; custodian".
"Cottage" is defined as "a small, single-storied house,
especially in the country" and "guest" is defined as "a person
who is a recipient of hospitality at the home or table of
another". In the context of the above principles and
definitions, a caretaker's cottage would be a dwelling to be
utilized by a resident caretaker of the estate or property on
which it is located, with a main building presumably occupied by
the owner. A guest house would be a dwelling to be utilized by
visitors to the home of the property owner. While there is a
minimum of 800 square feet required for such a dwelling, there is
no maximum size, and consequently, the only restrictions in that
regard would be the financial limitations of the property owner.
The concern has been expressed that the so-called proposed
caretaker's cottage is going to be larger than the existing
dwelling house, with the implication being that the prop~sed
dwelling is either going to be occupied by the property owner or
utilized for purposes other than as a caretaker's cottage or
guest house. It is my judgment that if the dwelling is going to
be approved as a caretaker's cottage, the occupant would have to
be employed by the property owner for the purposes of caring for
the property. Similarly, if it is to be utilized as a guest
house, ~t can only,be used for transient occupancy. Any other
uses of the dwelling would be prohibited (e.g. rent). The
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GELLERT S CUTLER.. P.C.
ATTORNEYS AND COUNSELORS AT LAW
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applicant should also provide assurance that the structure will
be utilized for the purposes proposed.
If it appears that the property owner is actually going to occupy
the proposed new dwelling, then perhaps the older structure could
be designated as the caretaker's cottage, subject to the
guidelines set forth above.
If further assistance is required, please contact me immediately.
Very truly yours,
GELLERT & CUTLER, P.C.
ALBERT P. ROBERTS
APR/aml
Herbert J. Levenson~
RaYmond Arnold
cc:
PAGGI & MARTIN
Consulting Engineers & Land Surveyors
54-56 Main Street
Poughkeepsie, New York 12601
9 14-47 1-7898
April 30, 1992
15".G.i:'~1 ~ \/ltr::n
J1~~Jc.I~VJ [t:..llJ
Planning Board
Town of Wappinger
P.O. Box 324
Wappingers Falls, New York 12590
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Reference:
Henshaw
Dear Board Members:
I am in receipt of the above plan dated revised April 22, 1992, and
advise the following:
Please note for the record, that the numbers below correspond to the
numbers listed in my March 30, 1992 review letter and Mr. Gardell's
April 24, 1992 response letter.
1 . Accepted.
We recommend that the plans not be signed until the
Dutchess County Department of Public Works' approval is
received.
2. Accepted.
However again, the Dutchess County Department of Public
Works must approve the driveway permit.
3. Accepted.
We recommend the Building Inspector verify this prior
issuance of the Building Permit.
4. Accepted.
However, we would recommend that the depth of the pond
that will be created be stated on the plans and that it be
reviewed and acknowledged by the Planning Board.
5. Accepted.
Joseph E. Paggi,Jr., P.E.
Ernst Martin, Jr., P.E., L.S.
April 30, 1992
Page Two
Planning Board
Town of Wappinger
P.O. Box 324
Wappingers Falls, New York 12590
Reference:
Henshaw
If there are any other questions or comments, please do not hesitate to
contact me.
Very truly yours,
~~ E' jJ~.~/~
Joseph E. Paggi, Jr., P.E.
JEP:law
cc: Eric Gardell
92-003(28)
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Town of Wappinger
ZONING BOARD OF APPEALS
Wappingers Falls, 'New York 12590
irrt.ainn & {@rbrr
Name of Applicant: Diane & Robert Henshaw
Address: 425 All Angels Hill Road, Wappinger
Location of Property: same as above
Nature of Request: An Interpretation
Caretakers/Guest House regarding the
Falls,NY Grid No.n 19-6357-03-088161-00
Zone: R-40
of Article IV Section 446.806
square footage.
Date of Advertisement: June 3, 1992 - Southern Dutchess News
Date of Public Hearing: June 9, 1992
Place of Hearing: Town Hall, 20 Middlebush Road, Wappingers Falls, New York
MEMBERS PRESENT:
Mr. Joel Sasser
Mr. Michael Hirkala
Chairman
Vice Chairman
Member
The ~atter having duly come on to be heard before a duly convened meeting of the
Board on'the 9th day of June, 1992 and the facts, matters and evidence
produced by the applicant, the Zoning Administrator and interested parties having
been duly heard, received and considered and due deliberation having been had, the
following are the
FINDINGS OF FACT:
Mr. Alan Lehigh
Mr. James Brooker
Member
Member
The subject premises are located in the R-40 District with the following setbacks:
Front, county/state highway, c/l street 75'; Front lot line 50'; side, 25'; r~ar, 50'.
Pursuant to 421.2 of the Zoning Law, a guest house and lor caretakers cottage is permitted
in a R-40 District by Special Permit of the Planning Board on lots of at least 10 acres
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and subject to Section 446.601;
Pursuant to 446.601 the following provisions must be met prior to issuance of a Special
Use Permit by the Planning Board; 446.806.1 minimum lot size 10 acres; 446.806.2"
maxi~um density one per estate; 446.806.3 Parking as required by Section 470; 446.806.4
buffering none; 446.806.5 signs none; 446.806.6 architectural considerations none;
446.806.7 compatibility with surroundings none; 446.806.8 other conditions (a) each
structure shall be placed in a manner that will allow a future subdivision based upon
compliance with current Zoning regulftions; (b) each structure shall contain at least
800 square feet of'usable floor area.
The applicant has requested that the Zoning Board of Appeals interpret Article IV Section
446.806 of'the Town of Wappinger Zoning Law regarding the square footage of a caretakers
cottage/guest house to be 19cated at 425 All Angels Hill Road. The Board notes that the
current Zoning Law does not provide for a maximum amount of usabel floor area. The Board
further notes that if the~is any ambiguity in the Zoning Law, any such ambiguity must
be construed against the Town and in favor of the landowner. In the absence of express
definitions contained within the Zoning Law itself, words and phases use4 are construed
in their ordinary and usual manner.
The applicant has satisfied the Board that the proposed structure ~ill not be rented and/
or will be provided as compensation in lieu or in addition to wages earned.
The Board has determined that the usual and customary definition of guest house or
caretakers cottage infers that the building will be smaller in square footage than the
main house. (CONTINUED NEXT PAGE).
Dated, Wappingers Falls, N. Y.
this day of
Chairman
ZONING BOARD SECRETARY
STATE OF NEW YORK',. COUNTY OF DUTCHESS ss: ,
On the day of' before me personally. came
Chairman:of the-Zoning Board of Appeals of the Town of ~appingers Falls, N. Y.
known as the indiv~du~A described inandwho executed the foregoing statements,
acknowledged""that he executed the same. .
to me
and
Notary
Filed, Office of the Town Clerk, Wappingers Falls,N.'Y.
on day of
TOWN CLERK
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TOWN OF WAPPINGER
P.O. Box 324
20 Middlebush Road
Wappingers Falls, NY 12590-0324
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ZONING BOARD OF APPEALS
PAGE 2
DECISION & ORDER
DIANE & ROBERT HENSHAW :
THEREFORE, based upon the above findings of fact, it is hereby ORDERED that Section
446.806 be interpreted that the definition of guest house and/or caretakers cottage
refer to a structure that is a minimum of 800 usable square feet and a maximum that
is smaller than the main house.
Dated, Wappinger Fa~, N.Y.
this /~ day of //~j /1)1,z.
STATE OF NEW YORK, CO~TY qF DUTCHESS ss: ~
On the ';:I./-H, day of ~ 91- before me personally came
Chairman of the Zoning Board of Appeals of the Town of Wappinger Falls, N.Y. to me
known as the individual described in and who executed the foregoing statements, and
asknowledged that he executed the same.
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Notary
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No. 2381720
Qualified In Dutche.. ~ ~3
Comml..lon Expir..10131J1
Filed, Office of the Town Clerk, Wappinger
on d31/, day of ju (\~ ; ( CfCj ;)-
Falls, N.Y.
~CWu. \-\ Swwck
TOWN CLERK