2000-08-15
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TOWN OF WAPPINGER
ZONING DEPARTMENT
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS, NY 12590-0324
TELEPHONE: (914) 297-6257
FAX: (914) 297-4558
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CONSTANCE O. SMITH
Supervisor
August 15,2000
Planning Board Members
Town of Wappinger
RE: Proposed Rock Ridae Apartmentsl Zonina Issues
Tax Grid # 6157-01-240641
Dear Board Members:
As per your request I reviewed the file on the above referenced project and also
met with the applicant, Mr. Keith G. Capolino on Friday, August 11 tho Mr.
Capolino wishes to construct four eight-2 bedroom rental units for a total of 32
apartments. He wishes to do so on a 11.238 acre parcel, zoned RMF-3, which
is also the location of his own single-family dwelling.
I see two zoning issues here: one regarding the placement of multi-family units
on a lot already occupied by a single family dwelling and the question as to
minimum lot size for developing a RMF-3 zoned parcel.
1. Multi-family and sinale-family dwellina on same lot:
Our zoning ordinance states that in the RMF-3 zone both the single-family dwelling
and multi-family units are permitted uses. The question is whether they are both
allowed on the same lot at the same time. It is my understanding that a lot in each
of the residential districts has the right of having one principal use, with any
accessory uses relative to the principal use.
.'
The New York Zoninq Law and Practice. 3fd Edition. bv Robert M. Anderson.
Section 17.04 gives the definition of a "Lot" as a parcel of land occupied or
capable of beinq occupied by one principal buildinq and lor use...."
The Code of the Town of Wappinger, 1981 Ordinance, included in its definition of
"Lot" the words "devoted to a particular use....."
The present Code of the Town of Wappinqer - Schedule of Use Requlations
shows a one-family dwelling ( not to exceed 1 dwelling on each lot) to be a PP, a
permitted PRINCIPAL use. It also designates multi-family dwellings as a PP,
permitted PRINCIPAL use, albeit subject to the restrictions of Section 240-38 of
said Code.
As such I find that the above referenced project is attempting to have two principal
uses on the same lot. I find it difficult to designate either of the two as being an
accessory usp to the other's principal use.
The applicant has three options on how to proceed:
A. Subdivide into two (2) lots, one with the permitted multi-family principal
use and one with the existing single-family dwelling principal use. A
subdivision would, of course, have an impact on the proposed development
in terms of density per acre and the placement of the buildings due to
setback requirements. I anticipate that variances would be required.
B. Convert the existing single-family residence into a multi-family rental
unit. This action would require a variance from Section 240-56 A. - the
house to be converted must have been constructed prior to 1962. Mr.
Capolino's existing house was built in 1981.
C. Appeal this determination to the Zoning Board of Appeals.
2. Minimum' Lot Reauirements for RMF-3 Zone
SEWER: I have been given to understand that there is, on the parcel, a main
sewer trunk line which can be tapped into.
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WATER: Mr. Paggi, the Town Engineer, indicated in his letter to the Planning
Board dated July 25,2000, that the water supply is adequate for the proposed
multi-family structures.
Based on the above information, the 15 acre minimum rule is not in force and the
minimum lot size is 15,000 sq.ft.
Thank you for your consideration.
Very truly yours,
~~~
Tatiana Lukianoff
Zoning Administrator
cc: Mr. Keith G. Capolino, Applicant
Mr. Albert P. Roberts, Esq.
Mr. Jay Paggi, Jr., P.E.
Mr. Daniel Wery, AICP