2012-06-12
"',. ~
Town of Wappinger Zoning Board of Appeals
MEETING DATE: June 12, 2012
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Revised 6/8/12 2:41pm
Discussion:
Appeal No. 11-7452
David S Crawford - Is seeking a Use Variance of Article IV, Section 240-83 and Section 240-
37 in the District Zoning Regulations for an NB Zoning District.
-Applicant is seeking a Use Variance for the use as a contractor's yard in a
neighborhood/business district.
The property is located Old State Road and Rt 9D and is identified as Tax Grid No. 6057-
04-826136 in the Town of Wappinger.
Appeal No. 12-7464
Douglas MurDhy-Seeking an area Variance of Section 240-37 of District Regulations in an R-40
Zoning District.
-Where the code states...in no case shall Accessory Structures be permitted in the front
un! the applicant requests a variance for a detached garage/workshop in his front
un!.
The property is located 178 Ketchamtown Road and is identified as Tax Grid No. 6157-03-
242012 in the Town of Wappinger
Appeal No. 12-7466
lOseDh Belliveau- Is seeking an area Variance of Section 240-37 of District Zoning Regulations
in an R-15 Zoning District.
-Where a rear yard setback of 30 feet is required, the aDplicant can only provide 10 feet
for the installation of a 21 ft. above ground pool. thus requesting a 20 ft. rear vard variance.
-Where a side vard setback of 15 feet is required, the applicant can on Iv provide 10 feet
for the installation of a 21 foot round above ground pool, thus requesting a 5 ft. side yard
variance.
-Where a side vard setback of 15 feet is required, the applicant can only Drovide 11 feet
3 inches to side vard for the legalization of pre-existing deck. thus reauestin9 a 3'9"
side vard variance.
The property is located at 24 Dennis Road and identified as Tax Grid No 6258-01-096648 in
the Town of Wappinger.
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NOV 0 1 2012
TOWN OF WAPPINGER
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Appeal No 12-7465
Gene Lois-Is seeking a use variance of Section 240.37 and 240-107(B) (2) of District Zoning
Regulations in a HB Zoning District.
-Where the applicant is seeking a Use Variance to allow a pre-existing singly family house
to be used for a residence in an HB lone. This property has been used as an office since 2002
when it was granted site plan approval.
The property is located at 1176 Route 9 and is identified as Tax Grid No. 6157-02-604765.
T own of Wappinger
Zoning Board of Appeals
June 12,2012 Minutes
MINUTES
Town of Wappinger
Zoning Board of Appeals
June 12,2012
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Members:
Mr. Prager
Mr. Della Corte
Mr. Casella
Mr. Johnston
Mr. GaIotti
Chairman
Member
Member
Member
Member
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Summarized Minutes
Others Present:
Mrs. Robelii
Mrs. Rose
Mr. Horan
Zoning Administrator
Secretary
Attomey
SUMMARY
Dou2;las Murphy -Discussion- PH scheduled for June 26th
Joseph Belliveau -Discussion - PH scheduled for June 26th
David Crawford -Discussion-PH scheduled for August 14th
Gene Lois -Discussion - PH scheduled for July 10th
Mr. Prager: I would like to call the Town of Wappinger Zoning Board of Appeals to
order. Roll call please
Mrs. Rose: Howard Pragern---Here
Town of Wappinger
Zoning Board of Appeals
June 12,2012 Minutes
Tom Dellacorte-----Here
Al Casella----------- Here
Bob Johnston-------Here
Peter Galotti--------Here
Barbara Roberti----Here
Jim Horan--u-------Arrived 7:35pm
Appeal No. 12-7464
Douglas Murphy-Seeking an area Variance of Section 240-37 of District Regulations in an R-40
Zoning District.
-Where the code states...in no case shall Accessory Structures be permitted in the front
yard the applicant requests a variance for a detached garage/workshop in his front
yard.
The property is located 178 Ketchamtown Road and is identified as Tax Grid No. 6157-03-
242012 in the Town of Wappinger
Mr. Prager:
Mr. Murphy:
Mr. Prager:
Mr. Murphy:
Mr. Prager:
Mr. Casella:
Mr. Murphy:
are
Mr. Casella:
Mr. Murphy:
Mr. Murphy come on up and state your name for the record.
Douglas Murphy
Explains to Mr. Murphy and the audience the process of the ZBA
discussion.
I need a garage up by the road; my house is up in the back. I have
been snowed in one too many times. The last time trees fell across
the driveway my wife and daughter were upset because they were
stuck there for a few days. I would like to put a garage and a
workshop up by the road this way we won't get stuck anymore
It looks like you have about 5 acres of land there.
Where is it exactly you want to put the garage? (Looking at the map)
Looking at map-shows the ZBA members where he is going to put it.
It's 100 feet back from the road. The setbacks are all there. There
five other homes on my block that have their garage in the front of
their houses.
Won't it be less expensive to cut down some trees.
There are no more trees down there. Mr. Murphy points to the
map and describes where the trees are and what has come down.
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Town of Wappinger
Zoning Board of Appeals
Mr. Johnston:
Mr. Murphy:
Mr. Prager:
Mr. Gaiotti:
Mr. Murphy:
Mr. Gaiotti:
Mr. Murphy:
Mr. Roberti:
Mr. Murphy:
Mr. Della Corte:
Mr. Murphy:
Mr. Prager:
Mr. Murphy:
Mr. Della Corte:
Mr. Prager:
June 12,2012 Minutes
How long have you lived there?
9 yea rs
Does anyone have any other questions?
It shows here you have two driveways.
Yes I have two driveways.
You're not going to cut another drive?
I put them in when I developed the property.
When did you put this one in?
When I put this one in. (Pointing to the map)
25 feet deep is the driveway.
Only on this one. This one is over 1000 feet long (pointing to the
map). Graham actually visited the site.
We will have a site inspection.
I don't have to be there do I?
The only thing we ask is that you mark the location where you are
going to put the garage.
The public hearing will be set for the next meeting date. Which will be
the 26th of June?
Apoeal No. 12-7466
Joseph Belliveau- Is seeking an area Variance of Section 240-37 of District Zoning Regulations
in an R-15 Zoning District.
-Where a rear yard setback of 30 feet is required, the applicant can onlv provide 10 feet
for the installation of a 21 ft. above ground pool, thus requesting a 20 ft. rear yard variance.
-Where a side vard setback of 15 feet is reauired, the applicant can only provide 10 feet
for the installation of a 21 foot round above ground pool, thus requesting a 5 ft. side yard
variance.
-Where a side yard setback of 15 feet is required, the applicant can onlv provide 11 feet
3 inches to side yard for the legalization of pre-existing deck, thus requesting a 3'9"
side yard variance.
3
Town of Wappinger
Zoning Board of Appeals
June 12,2012 Minutes
The property is located at 24 Dennis Road and identified as Tax Grid No 6258-01-096648 in
the Town of Wappinger.
Mr. Prager:
Mr. Belliveu:
Mr. Prager:
Mr. Belliveu:
Mr. Prager:
Mr. Belliveu:
Mrs. Roberti:
Mr. Prager:
Mr. Belliveu:
Mrs. Robelii:
Mr. Prager:
Mr. Della Corte:
Mrs. Roberti:
Mr. Prager:
Mr. Belliveu:
Mr. Casella:
Mr. Belliveu:
Please state your name for the record.
Joseph Belliveu
Please give us a little infonnation of what you need.
The deck is already there.
Just the deck.
There is no pool yet. The deck has a C/O and they suggested that I get a
vanance.
When I knew that the pool would be denied and when I was going through
the file to get setbacks I noticed that the deck was approved but did not
meet the setbacks. So I thought while he was here he should get the deck
legalized. So going forward, if he decided to enlarge it or sell it there
would be no problems down the line.
Why did you build a deck before putting up the pool?
I purchased the house that way.
The deck is against the house.
I'm sorry. I thought the deck was around the pool.
Barbara did I hear you say he doesn't need a variance for the
pool.
You do. It started when the poor gentleman came in for a pool permit
and I had to deny him back and side but while investigating his grid file
I saw the deck he has does not meet the setbacks and this is a good time
to legalize everything.
My other question is why so far back?
The pool. I don't have a lot of land in the back yard.
About 1f4 acre.
Yes and the front yard is much larger than the back. There are some
trees back there and there is not a whole lot of space to put it.
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Town of Wappinger
Zoning Board of Appeals
June 12,2012 Minutes
Mr. Casella:
You are town water and sewer so you don't have to worry about the
septic. You could move the pool closer to the house.
Mr. Belliveu:
I could but it would make me a little nervous with the kids.
Mr. Casellla:
I would think you would want it closer to the deck. You're going to need
something around the pool anyway.
Mr. Belliveu:
It's an above ground pool and the only thing I was told is that I would
need a pool alarm.
Mr. Prager:
There is no way to move it 5 feet in the side yard?
Mr. Belliveu:
No because if you come and look the way the deck is there is all brush
there. I had some of it moved out but not enough of it.
Mr. Johnston:
How big is the pool?
Mr. Belliveu:
It's 21 round.
Mr. Johnston:
They do make smaller ones.
Mr. Belliveu:
I know but the problem is I already purchased it and I could not return it.
The thing is my kids love to swim. They both have special needs.
Mr. Jolmston:
Do you plan to put a deck around the pool.
Mr. Belliveu:
I thought about it but it's not something I plan right away.
Mr. Prager:
Does anyone else have any questions? We will set the site inspection for
Saturday.
Mr. Belliveu:
That's fine.
Mr. Prager:
Just mark it out. Also mark your side and back with paint.
Mr.Casella:
Can you show me on the map, where you property line is and the
neighbors fence and the brush.
Mr. Belliveu:
Shows the board the information they questioned.
Mr. Prager:
We will be there Saturday morning and set the Public Hearing for our next
meeting
5
Town of Wappinger
Zoning Board of Appeals
June 12,2012 Minutes
Appeal No. 11-7452
David S Crawford - Is seeking a Use Variance of Article IV, Section 240-83 and Section 240-
37 in the District Zoning Regulations for an NB Zoning District.
-Applicant is seeking a Use Variance for the use as a contractor's yard in a
neighborhood I business district.
The property is located Old State Road and Rt 9D and is identified as Tax Grid No. 6057-
04-826136 in the Town of Wappinger.
Mr. Prager:
Come on up. We got your time line here. Where are we with this
Barbara?
Mrs. Roberti:
We left it with him to bring in the time line.
Mr. Prager:
We understand that this property has been in the family forever.
Mr. Crawford:
Since 1939
Mr. Casella:
What I was trying to figure out is that from 1999 to present a Denise
Crawford runs the Chelsea Doors. What is stored on that property?
Mr. Crawford:
On mine or hers?
Mr. Casella:
On the propeliy we are talking about today. What I'm trying to figure out
is what is stored on it today? Is the woodworking business you are talking
about on that property?
Mr. Crawford:
Three storage trailers and the farm too.
Mr. Prager:
No other structures?
Mr. Crawford:
There is a shed.
Mr. Johnston:
Do you still have the three trailers?
Mr. Crawford:
Yes.
Mr. Casella:
What is in the storage trailers?
Mr. Crawford:
One is filled with my tractor and my stuff for the fa1111. The other has
6
Town of Wappinger
Zoning Board of Appeals
Mr. Casella:
Mr. Crawford:
Mr. Jolmston:
Mr. Crawford:
Mr. Prager:
Mr. Horan:
Mr. Crawford:
Mr. Della COlie:
Mr. Crawford:
Mr. Della Corte:
Mr. Crawford:
Mr. Prager:
Mr. Crawford:
Mr. GaIotti:
Mr. Johnston:
Mr. Crawford:
Mr. Horan:
Mr. Della Corte:
Mr. Crawford:
June 12,2012 Minutes
wood and the other tools.
Tools for the wood working business.
Yes.
The wood that is in there is for the woodworking business?
Yes.
Mr. Horan do you have anything you would like to add?
I'm always uncomfOliable with the definition of a contractor's yard. We
have visited that numerous times.
I have no dump trucks, backhoes, or bulldozers.
Jack's Auto Body.
He bought that propeliy from my grandfather.
That's not part of your proposal because it looks part of your land.
No, we're just neighbors. He sold it to Daly and he sold it about 2 years
ago. I don't know to whom because I never see the guy.
We are talking about this (points to map) that says 1997 Crawford wood
working. .
That's when I purchased it; up to that point Frank Crawford
owned everything. My grandfather died in 1963 but the estate was not
settled until 1997. So everyone's property was under Frank Crawford until
1997.
So the piece we are talking about is right here. (Pointing to map)
Your property is next to Central Hudson.
Yes.
The subdivision plot is right here. (Pointing to map)
That piece was part of the original farm?
] 4 acres were on the other side of Old State and the rest on the other side
of9D.
7
T own of Wappinger
Zoning Board of Appeals
June 12,2012 Minutes
Mr. GaIotti:
What is the real use of property?
Mr. Crawford:
What it has been for the last 36 years.
Mr. GaIotti:
Woodworking.
Mr. Crawford:
Yes.
Mr. GaIotti:
Where did the contractor's yard come from?
Mr. Prager:
Is that because of the trailers?
Mr. Crawford:
I have no idea.
Mr. Horan:
In essence, procedurally where we are is that a violation was written for a
contractor's yard so the applicant is asking for a use variance to allow for
a contractor's yard or the alternative an interpretation saying existing use
would be permitted in the neighborhood business district and the
suggestion was that atiisan and craft shops permitted in a
neighborhood/business district. It is a principal pennitted use and the
suggestion is that a wood working business would fit in the definition.
Mr. Casella:
Did you say would or would not?
Mr. Horan:
Would but I'm not sure how to handle trailers on it.
Mr. Prager:
That's the problem.
Mr. Horan:
Are they structures?
Mr. Casella:
They are not permanent structures.
Mr. Crawford:
They are still on their wheels.
Mr. I-loran:
There is a definition of arts and crafts occupation. Mr. Horan explains
the definition.
Mr. Johnston:
How long have the trailers been on the property?
Mr. Crawford:
22 maybe 25 years.
Mr. Prager:
Are they full?
Mr. Crawford:
Fairly full.
8
Town of Wappinger
Zoning Board of Appeals
Mr. Prager:
Mr. Crawford:
Mr. GaIotti:
Mr. Crawford:
Mr. Della Corte:
Mr. Crawford:
Mr. Della COlie:
Mr. Crawford:
Mr. Casella:
Mr. Horan:
Mr. Casella:
Mr. Horan:
Mr. Casella:
Mr. Horan:
Mr. Prager:
Mr. Crawford:
Mr. Prager:
Mr. Crawford:
Mr. Prager:
Mr. GaIotti:
Mr. Horan:
June 12, 2012 Minutes
Do you need all three?
I could organize better and probably go down to two.
How big are they?
They're regular tractor trailer beds. Forty-Forty Five long.
It says her that Margaret and Frank bought the farm in 1939 and Frank ran
the boat shop. He built, repaired, and restored boats.
Yes
There?
Behind the farm. That propeliy as a kid was used mostly for hay.
Jim, who makes the interpretation of the use variance.
You do.
With your guidance.
Sure.
What are your thoughts?
I don't think this falls into the detem1ination of a contractor's yard. So
now the question is what it is. I don't think parking storage trailer on a
si te makes it a contractor's yard.
Is there anywhere else you can put those trailers?
That's my property.
Is there anywhere else you can put what's inside the trailers?
No. My house is 720 sq feet with a one car garage.
It looks like the trailers are going to be a problem.
Is there anything that addresses that this use has been here for the last 30
years?
There is a potential for a continuation of a non conforming use which is
9
Town of Wappinger
Zoning Board of Appeals
June 12,2012 Minutes
short hand for a phrase that fully states that legally existing prior non
confonning. There are a number of things that need to happen. One the
use must have been legally established. Two it must have been legally
before the present zoning board before restrictions applied to that property
which made that particular use non confonning.
Mr. Prager:
It doesn't sound like it if it was purchased in 1997.
Mr. Horan:
You can track to prior owner ship. The question is when the use was
started not when the owner ship started. The problem becomes if you
have propeliies that have a change in use. The question here is that there
are minor changes in use and then the question becomes let's say you have
trailer there to be used on a farm but now it's used for wood working.
Technically it is a different scenario. Has there ever been a structure on
this lot?
Mr. Crawford:
No
Mr. Horan:
The other issue is that it is a vacant lot. There hasn't even been a structure
on the lot which makes it more complicated. The issue here is for a
contractor's yard. The farming use on the property hasn't even been
addressed. The other question is the code talks about the principle
uses. It's fair to say that any conti nuation of farming can continue on the
lot.
Mr. GaIotti:
If this was called something other than a contractor's yard, would this be
an issue?
Mrs. Robelii:
The reason he was sighted for a contractor's yard was because he was
bring in a lot of rock and big piles of dirt and there were a lot of other
things going on over the last two years which has since stopped. You're
not bringing in anymore rock or dirt or anything?
Mr. Crawford:
We always bring in top soil and compost for the farm.
Mrs. Robelii:
That is not what I'm talking about you had piles of rocks.
Mr. Crawford:
Me not personally. If I go back there and there is stuff there, all I can say
is I go home and people have put stuff there.
Mrs. Roberti:
If this is your property, you are responsible.
Mr. Crawford:
I don't want a contractor's yard. We build cabinets and install cabinets.
Mr. Johnston:
How long has the shed been there?
10
Town of Wappinger
Zoning Board of Appeals
Mr. Crawford:
Mrs. Roberti:
Mr. Crawford:
Mr. Horan:
Mr. Crawford:
Mr. Della Corte:
Mr. Crawford:
Mr. Jolmston:
Mr. Crawford:
Mr. Della Corte:
Mr. Crawford:
Mr. Horan:
Mr. Johnston:
Mr. Crawford:
Mr. Casella:
Mr. Della COlie:
Mr. Crawford:
Mr. Horan:
June 12,2012 Minutes
It's been there longer then the trailers. A good 25 years.
How big is it?
12X16
Is there any electric in the shed?
No septic, well or electric.
Is the farming commercial?
Do we make money? No. It's more like a co-op fatm. Friends, my ex-
wife do a lot down there. I have a friend that plays with the bees and
chickens.
Do you market any of it?
No.
So the fal111ing is just for you.
Yes
Farming seems to be an aloud use.
Do you have anything growing on this piece of property and if so what?
Tomatoes, broccoli, onions, peas, and garlic.
If there is no electric on the property, how are you doing the woodwork?
So it is basically storage.
I have a generator if we need to do something.
Under the use issue, there is something called warehouse and storage.
It states contractor's office storage and sale of construction materials,
supplies and equipment including plumbing, electrical and similar
contractor's establishment provided that any outdoor storage is suitable
screened in accordance with 24025D and meets all other applicable
provisions of this chapter. That's permitted in an HB district by special
pennit. It's a principal permitted use in a GB district also in an AI and PI.
It's not permitted in many districts.
11
Town of Wappinger
Zoning Board of Appeals
Mr. Casella:
Mr. Johnston:
Mr. Crawford:
Mrs. Roberti:
Mr. Casella:
Mr. Della Corte:
Mr. Casella:
Mr. Crawford:
Mr. Horan:
Mr. Crawford:
Mr. Horan:
Mr. Crawford:
Mr. Johnston:
Mr. Crawford:
Mr. Della Corte:
Mr. Crawford:
Mr. Prager:
Mr. I-loran:
Mr. Crawford:
Mr. Horan:
June 12,2012 Minutes
Would you consider this a working farm?
When were you sited?
About a year ago, I guess.
You got your first order to remedy in 2010 than the ticket was issued in
2011 and as long as he is here he does not have to pay the ticket.
So the whole thing is you have three trailers and a shed and you need a
variance. It's not a working farm, it's not a contractor's yard it's not a
woodworking farm. You just need a variance for the trailers and shed.
Is that the bottom line?
F or storage, AI?
That is what I am assuming, storing things in the trailers.
That's what I've been doing the last 36 years.
What was stored on that property? Other than farming, where other things
stored on the property?
Going way back, when we were kids we stored cars on it.
In the narrative, you mention firewood.
I had a firewood business for a while.
Is this your only source of income?
Yes this is it. My son works with me and I have three other guys that work
with me. If this goes, we have four families that are unemployed.
That's not good.
No, I could think of better things.
Do we have any other way around this use variance?
Where there every pesticide used on the propeliy?
Not that I am aware of and there never any orchards there.
Has the property ever been offered for sale.
12
Town of Wappinger
Zoning Board of Appeals
Mr. Crawford:
Mr. Prager:
Mr. Crawford:
Mr. Prager:
Mr. Crawford:
Mr. Horan:
Mr. Crawford:
Mr. Prager:
Mr. Horan:
Mr. Della Corte:
Mr. Horan:
Mr. Crawford:
Mr. Prager:
Mr. Crawford:
Mrs. Robelii:
Mr. Della Corte:
June 12,2012 Minutes
Not outside of the family since 1939.
You work from your house?
I do my book work from my house. This has been my livelihood for the
last 36 years.
Basically it's not your livelihood it's your storage.
Without that I cannot work. I need that to run what I do for a living.
If I may Mr. Chairman, can I suggest we put it down for a public hearing
and see what the public has to say.
To my knowledge no one has complained about it.
It's not just that, as I said before if you go for a use variance there are four
criteria we have to go by and that means a lot for you. First, you cannot
realize a reasonable return substantial as shown by competent financial
evidence. This means, you have to go to an accountant.
The standard is somewhat different. He could not erect a business on that
property that would comply with zoning. One of the concerns having to
do with the woodworking if the board determined that a woodworking
was considered a craft use and he erected a building on that lot he
wouldn't qualify for a use variance. If for example, the board detel111ines
that a woodworking shop was consistent with allowed uses in that district
then it would be difficult for him to prove that he could get a use variance
for a contractor's yard that is not allowed in that district. If he built a
building for his woodworking business he would not need a use variance
He's not building a shop on the propeliy so where do we stand?
He would be entitled to build a building for the woodworking shop and
then he would not need a use variance.
So if I build a shop I would not need a variance.
That is correct.
I got to do what I got to do.
Then you would need a site plan.
If the shed became a shop that would be a permitted use.
13
Town of Wappinger
Zoning Board of Appeals
June 12,2012 Minutes
Mr. Prager:
If we allowed that.
Mr. Casella:
Ifhe did his book work out of his shed then he would qualify.
Mr. Prager:
No
Mr. Horan:
He has to do the actual woodworking in the shed.
Mr. Della Corte:
I think we have gone a stray from whether or not that this is something
that has been ongoing.
Mr. Horan:
That's a separate issue.
Mr. Della Corte:
I don't want to lose this ongoing thing because if you look at the time line
it provides information of ongoing.
Mr. Horan:
The board can make that determination based on the evidence. It is
another option for the board. Which is more limiting and then there is the
issue of the trailers.
Mr. Della C0l1e
The trailer is an issue because of?
Mr. Horan:
Because it's a structure but not a structure. The definition of structure is a
trailer that sits in the same location for years probably loses its movable
nature.
Mr. Casella:
It does have wheels on it.
Mr. Prager:
Let's see if we could work something out.
Mr. GaIotti:
Ifhis shed was a legal working shop then the issue goes away.
Mr. Prager:
He would need a site plan.
Mrs. Robc11i:
Technically, unless you found it a pre existing non conforming use. That
is why he is here.
Mr. Casella:
Of which we could.
Mr. Horan:
The other question is when the other site plan amendments came in.
The site plan requirements probably didn't come in to much later than the
zoning requirements came in. He might be in the position where the
trailers came on site after the zoning prohibited him but before the
time a site plan was required. The adoption of zoning and the adoption of
the site plan are not the same time.
14
Town of Wappinger
Zoning Board of Appeals
June 12,2012 Minutes
Mr. Della Corte:
When was the adoption of the site plan?
Mr. Horan:
Probably in the '90. The town code requirements were earlier. Maybe the
'80.
Mr. Della Corte:
What do we want to do know?
Mr. Prager:
Set up a Public Hearing and take it from there. We got all the information
we can get. This Saturday we will have a site visit.
Mrs. Roberti:
Can we make it the last meeting in July. Jim's firm is working on a very
big project.
Mr. GaIotti:
I won't be able to make the next meeting.
Mr. Prager:
Well this is serious enough and I want the whole board here. August 14th.
Appeal No 12-7465
Gene Lois-Is seeking a use variance of Section 240,37 and 240-107(B) (2) of District Zoning
Regulations in a HB Zoning District.
-Where the applicant is seeking a Use Variance to allow a pre-existing singly family house
to be used for a residence in an HB zone. This property has been used as an office since 2002
when it was granted site plan approval.
The property is located at 1176 Route 9 and is identified as Tax Grid No. 6157-02-604765.
Mr. Prager:
Please explain what you need.
Mr. Lois:
It's the small blue house that sits just to the south of Giggle's and I'm
guessing 6 or 7 hundred feet off the road. We bought it in the late 80 and
used it as our office. Then we moved up to 680 Old Rt 9 about 3 years
ago. We made an effort to rent it with Tom Cerbone and now Richard
Leaks. It is commercial use and I have had no luck renting it. I came to
the town to ask if we could rent it to get through the recession. I was told it
is tough to get a use variance but I thought I would try. It's set up as a
residence.
Mr. Prager:
What is it zoned for right now?
Mrs. Roberti:
HB. They bought it as a residence and they could have kept it as a
residence. They went in front of the Planning Board and get site plan
approval to change it into an office.
Mr. Prager:
How about the inside of it?
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Town of Wappinger
Zoning Board of Appeals
June 12,2012 Minutes
Mr. Lois:
The bedrooms were not knocked down they were used as offices.
Mr. Prager:
So you are going to use this for offices or just want to rent it as a house.
Mr. Lois:
Yes but I didn't want to change the zoning back to residential.
Mr. Horan:
The use variance would pelmit either. If the board grants the use variance,
to allow for the residential use then it could be used as a residence or if it
stops being a residence back to commercial
Mr. Johnston:
Does it have a kitchen?
Mr. Lois:
Yes
Mr. Prager:
Why change the use?
Mr. Horan:
Because single family residence is not allowed in a HB district.
Mr. Lois:
The lot is just less than 3 acres.
Mr. Horan:
I t would be appropriate to grant the variance for as long as this structure
remains to the extent the house is knocked down. You're not going to
allow it to continue and I think any reasonable property owner with a
commercial lot on Rt 9 is not going to want to put a single family house on
lot.
the
Mr. Prager:
Have you ever thought about knocking the house down.
Mr. Lois:
The property has been marketed for three years. We need water to come
down to that part of Rt 9.
Mr. Prager:
I'm going to need some kind of financial records.
Mr. GaIotti:
Was this always a HB zone?
Mrs. Roberti:
There were a lot of residences on Rt. 9
Mr. I-loran:
Do you know when the house was built?
Mr. Lois:
I think in the fifties but I'm not certain.
Mr. Johnston:
Predates zoning.
Mr. Prager:
Let me see if I'm getting this right. There are offices in there now that are
not being rented. It's been vacant for 3 years. You're going to take
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Town of Wappinger
Zoning Board of Appeals
June 12,2012 Minutes
anything that resembles an office out of there and make it a residence.
Mr. Lois:
There is nothing there that resembles an office. No desks, nothing. It's
been empty for 3 years.
Mr. Casella:
You're hoping to rent or lease it.
Mr. Lois:
I won't sell it only rent it. I would only rent it as a house and then develop
it as a commercial piece.
Mr. Johnston:
How big is it?
Mr. Lois:
900 as a foot print. My neighbor wrote and has no problem with it.
Mr. Horan:
We can't force him to develop the property. It's not generating any
income as it is.
Mr. Prager:
How long have you owned it?
Mr. Lois:
I believe since' 88
Mr. Della Corte:
Is it well and septic?
Mr. Lois:
Yes, we had to keep the power on.
Mr. Della Corte:
Basically the first step is to supply financial evidence.
Mr. Horan:
He would need to prove what the canying costs are and a statement of
expenses for the property.
Mr. Della COlie:
There are celiain criteria that need to be meet for a use variance.
Mr. Lois:
I understand and I have made a good effOli.
Mr. Prager:
What happens when this goes back to commercial? Can this automatically
go back?
Mr. Horan:
Yes
Mrs. Robelii:
It is in a commercial zone.
Mr. Prager:
Even though we are changing the zone.
Mr. Horan:
No you're giving pel111ission to allow a use that is not permitted in a zone.
Mr. Casella:
Can we put a time limit on it? I'm not going to grant it indefinitely.
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T own of Wappinger
Zoning Board of Appeals
June 12,2012 Minutes
Mr. Horan:
The one issue is can we allow a use that is not permitted.
Mr. Johnston:
We should make a site visit.
Mr. Prager:
Yes
Mr. Horan:
Does Elgin Asso. own any other property?
Mr. Lois:
680 Old Route 9. We have an office building there.
Mr. Della Corte:
Are you Elgen Asso.?
Mr. Lois:
My mother is Ellen and my father is Gene.
Mr. Horan:
Do you want to see the tax returns for the last 3 years.
Mr. Prager:
Yes. We will have a site visit this Saturday.
Mr. Lois:
Do you need me there.
Mr. Prager:
No. We will have a Public Hearing on July 10th.
Mr. Lois:
Between now and then I will get the financial papers.
Mr. Prager:
Can we go into executive session.
Mr. Casella:
I make a motion
Mr. Prager:
Second
Mr. Prager:
All in favor.
Board:
Aye
Meeting ended: 9:20pm
Respectfully Submitted,
Susan Rose, Secretary
Zoning Board of Appeals
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