2010-09-14
ZONING BOARD OF APPEALS
September 14,2010
Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: Se
TIME: 7:30 PM
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Town Hall
20 Middlebush Road
Wappinger Falls, NY
Public Hearine:
NOV 01 2012
TOWN OF WAPPINGER
__I9WN CLERK
Appeal No. 10-7424
Kenneth & Joan Kerrs : Seeking variances of Section 240-37 & 240-53 of
District Zoning Regulations for R-20 Zoning.
- Where an accessory apartment shall not exceed 350/0 of the 2ross floor
area or 1000 sf of the principal residence, the applicant is proposin2 1202
sf for the accessory apartment, thus requesting a 20% variance over the
maximum allowed.
- Where a side yard setback of 20 feet is required, the applicant is
proposin2 a side yard setback of 16'6" feet. to allow for an expansion of an
existing accessory apartment, thus reQUestin2 a variance of 3'6" feet.
The property is located at 39 Carroll Drive and is identified as Tax Grid
No. 6257-04-867463 in the Town of Wappinger.
Discussions:
Appeal No. 10-7426
Friendly Motorcars: Seeking variances of Section 240-29 (5) & 240-27.1
(C) of District Zoning Regulations for HB Zoning.
- Where No more than one temporarv siJ!n is permitted whether it is for
construction or sales, The applicant is proposin2 3 temporary si2ns
durin2 construction, thus reQUestin2 a variance of 2 si2ns.
- Where a temporarv construction or sales trailer shall be permitted as a
temporary accessory use to residential and nonresidential development
projects, and a building permit shall be issued therefor, subject to the
following condition. No more than Q!1.!}. trailer, whether it is for
construction or sales, is permitted per development project, or approved
phase thereof The applicant is proposin2 6 temporary construction
trailers, thus reQUestin2 a variance of 5 temporary trailers.
ZONING BOARD OF APPEALS
September 14,2010
- Where No more than ~ temoorarv si/ln is oermitted and shall not exceed
6 sq. ft. in area, whether it is for construction or sales, The applicant is
proposin2 3 temporary si2ns: 1 sf si2n is 32 sf and double sided for a total
of 64 sf. 2nd si2n is sin21e sided and 32 sf.. 3rd si2n is 16 sf and double
sided for a total of 32 sf. All three si2ns total 128 SQ. ft. durin2
construction, thus reQUestin2 a variance of 122 SQ. ft. total for the si2ns.
The property is located at 134 Old Post Road and is identified as Tax Grid
No. 6157-04-633403 in the Town of Wappinger.
2
Town of Wappinger
Zoning Board of Appeals
Page 1
Minutes of September 14, 2010
MINUTES
Town of Wappinger
Zoning Board of Appeals
September 14,2010
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. DellaCorte,
Mr. McVeigh,
Mr. Casella,
Mr. Kuzmicz,
Vice-Chairman
Member
Member
Member
Member.\' Absent:
Mr. Prager,
Chairman
----...
~~CGIiW~
NOV 01 2012
TOi~~FWAPPINGER
-""'" N CLERK
Others Present:
Mrs. Dao,
Mrs. Roberti,
Mr. Horan,
Secretary
Zoning Admini
Town Attorney
SUMMARY
Public Hearin~
Kenneth & ] oan Kerrs
-Adjourned to September 28th, 2010.
Discussions:
Friendly Motorcars
-Public Hearing on September 28th, 2010
Page 2
Town of Wappinger
Zoning Board of Appeals
Minutes of September 14, 2010
Appeal No. 10-7424
Kenneth & Joan Kerrs : Seeking variances of Section 240-37 & 240-53 of
District Zoning Regulations for R-20 Zoning.
_ Where an accessory apartment shall not exceed 350/0 of the 2ross floor
area or 1000 sf of the principal residence, the applicant is proposin2 1202
sf for the accessory apartment, thus requesting a 20% variance over the
maximum allowed.
- Where a side yard setback of 20 feet is required, the applicant is
proposin2 a side yard setback of 16'6" feet~ to allow for an expansion of
an existing accessory apartment, thus reQUestin2 a variance of 3'6" feet.
The property is located at 39 Carroll Drive and is identified as Tax Grid
No.6257-04-867463 in the Town of Wappinger.
Present:
Mr. DellaCorte:
Mrs. Dao:
Mr. Kuzmicz:
Mr. Casella:
Vote:
Ms. Suraci:
Mr. Casella:
Ms. Suraci:
Mr. Casella:
Ms. Suraci:
Denise Suraci - Architect for applicant
Are the mailings in order?
Yes they are.
Motion to open the public hearing.
Second the motion
All present voted aye.
The owners need to expand their home for their daughter
and her family.
Explained addition to the house for the audience.
Can you make this addition any smaller?
Anything can be made smaller but this is not really a
large addition.
What is the reason for the den and the office?
The daughters husband has medical issues and he needs
the office to work from.
Page 3
Town of Wappinger
Zoning Board of Appeals
Mr. Casella:
Ms. Suraci:
Mr. Kuzmicz:
Ms. Suraci:
Mr. Casella:
Mr. Horan:
Mr. McVeigh:
Mr. Horan:
Ms. Suraci:
Mrs. Kerrs:
Minutes of September 14, 2010
Is there enough parking spaces?
There will be four spaces as the driveway widens in the
property. Only three spaces are required by the code.
What zone is this house? It appears you are making a
three family out of this. There seems to be an excessive
amount of space here.
This can't be made into a 3 family or a third apartment.
With the accessory apartment the town inspects the
apartments once a year for compliance.
What happens when this house gets sold?
According to 240-53 of the town code, the Zoning
Administrator can inspect this yearly to see if it is in
compliance. We haven't been doing these inspections
due to the limited employees at this time.
What's the difference between a two-family and an
accessory apartment.
An Accessory cannot be rented to outsiders, only a
family member by application. It also is limited to 35%
of the gross floor space. It can only have one apartment
and a limit of three persons. If the person it is created for
leaves it must be returned to a one-family.
It cannot be sold as a two-family either.
Discussion took place regarding what constitutes an
accessory apartment.
If we had the money we would move but financially this
is the only option we have at this time.
Page 4
Town of Wappinger
Zoning Board of Appeals
Mr. Kuzmicz:
Ms. Suraci:
Mr. Kuzmicz:
Mr. DellaCorte:
Ms. Suraci:
Mr. Casella:
Mr. Kusmicz:
Vote:
Minutes of September 14, 20 10
I still am unhappy with the size, I believe it sets a
precedent.
Ifwe reduce the size of the bedrooms they would not
meet the building code.
It might be worth trying, reducing the size.
Instead of closing the public hearing tonight you might
want to wait until we have 5 members present on the 28th.
Ok we will wait and I will look at the size again with my
clients.
Motion to adjourn the public hearing to September
28th, 2010.
Second the motion.
All present voted aye.
Appeal No. 10-7426
Friendly Motorcars: Seeking variances of Section 240-29 (5) & 240-27.1
(C) of District Zoning Regulations for HB Zoning.
- Where No more than !l!llI. temporarv siJ!n is permitted whether it is for
construction or sales, The applicant is proposint! 3 temporary sit!ns
durint! construction, thus requestint! a variance of 2 sit!ns.
_ Where a temporarv construction or sales trailer shall be permitted as a
temporary accessory use to residential and nonresidential development
projects, and a building permit shall be issued therefore, subject to the
following condition. No more than !l!llI. trailer, whether it is for
construction or sales, is permitted per development project, or approved
phase thereof The applicant is proposint! 6 temporary construction
trailers, thus requestint! a variance of 5 temporary trailers.
- Where No more than one temporarv sif!n is permitted and shall not
exceed 6 SQ. ft. in area, whether it is for construction or sales, The
applicant is proposint! 3 temporary sit!ns: 1st sit!n is 32 sf and double
Page 5
Town of Wappinger
Zoning Board of Appeals
Minutes of September 14, 2010
sided for a total of 64 sf. 2nd si2n is sin2le sided and 32 sf.. 3rd si2n is 16
sf and double sided for a total of 32 sf. All three si2ns total 128 SQ. ft.
durin2 construction, thus reQuestin2 a variance of 122 SQ. ft. total for
the si2ns.
The property is located at 134 Old Post Road and is identified as Tax Grid
No. 6157-04-633403 in the Town of Wappinger.
Present:
Mr. Ostrow:
Mr. DellaCorte:
Mr. Ostrow:
Mr. Casella:
Mr. Kuzmicz:
Vote:
Mr. Casella:
Mr. Kuzmicz:
Vote:
Michael Ostrow - Applicant
I am here seeking variances for multiple trailers and signs
while my business is under construction. The south
entrance on Old Post road will be closed for at least
seven days and I need enough signage to let my
customers know we are still open and how to get into the
site.
Discussion took place at the dais as to where the
construction would be and where the trailers would be
located.
No site visit will be necessary but we will schedule your
public hearing for September 28th, 20 I O.
Thank you.
Motion to go into executive session.
Second the motion.
All present voted aye.
Motion to come out of executive session.
Second the motion.
All present voted aye.
Town of Wappinger
Zoning Board of Appeals
Page 6
Minutes of September 14, 2010
Mr. Casella:
Mr. McVeigh:
Vote:
Motion to adjourn.
Second the motion
All present voted aye.
Meeting ended at 8 :25 PM
Susan Dao, Acting Secretary
Town of Wappinger Zoning Board
Respectfully submitted,
Barbara Roberti, Zoning Administrator
July 18,2012