2006-01-24
ZONING BOARD OF APPEALS
January 24, 2006
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Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: January 24, 2006
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve minutes for December 14, 2005.
Discussions:
Appeal No. 06-7294
Ralph & Dorothy Giammarino- Seeking an area variance of Section 240-53B (4) of District
Regulations in an R-40 Zoning District.
-Where the code states: Maximum size. An accessory apartment shall be subordinate in area to
the principal dwelling. The accessory apartment shall not exceed 35 % of the l!ross floor area
of said principal dwelling, and in no event shall exceed 1,000 square feet of gross floor and you
provide a l!ross floor area of 50 %.
The property is located at 41 Brothers Road and is identified as Tax Grid No. 6258-04-835280
in the Town of Wappinger.
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Appeal No. 06-7295
Trans Star Enterprises- Seeking an area variance of Section 240-53B (4) of District Regulations
in an HB Zoning District.
-Where a minimum lot area of 2 acres is required, the applicant is proposing a lot size of 1.484
acres, thus reQuestinl! a variance of .516 acres.
-Seeking an area variance of Section 240-70C of District Regulations in an HB Zoning
District.
- Where the location of overhead doors shall not face any street, the applicant is proposing the
doors on the existinl! buildinl! to stay, thus requestinl! a variance be l!ranted on this existinl!
condition.
The property is located at 783 Old Route 9 and is identified as Tax Grid No. 6158-04-531030 In
the Town of Wappinger.
Executive Session
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Town of Wappinger
Zoning Board of Appeals
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MINUTES
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Town of Wappinger
Zoning Board of Appeals
January 24, 2006
Summarized Minutes
Members Present:
Mr. Fanuele,
Ms. McEvoy-Riley
Mr. DellaCorte,
Mr. Warren,
Members Present:
Mr. Prager,
Others Present:
Mr. Caviglia,
Mrs. Lukianoff,
Mrs. Roberti,
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Page 1
Minutes of January 24,2006
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member
Member
Member
V ice-Chairman
Special Counsel
Zoning Administrator
Secretary
SUMMARY
Discussions:
Ralph Giammarino
Trans Star Enterprises
Executive Session
'-'
-Public Hearing on February 14,2006
-Public Hearing on February 28, 2006
Page 2
Town of Wappinger
Zoning Board of Appeals
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Mr. Warren:
Mr. DellaCorte:
Vote:
Minutes of January 24,2006
Motion to approve Minutes for December 14, 2005.
Second the motion.
All present voted aye.
Appeal No. 06-7294
Ralph & Dorothv Giammarino- Seeking an area variance of Section 240-53B (4) of District
Regulations in an R-40 Zoning District.
-Where the code states: Maximum size. An accessory apartment shall be subordinate in area to
the principal dwelling. The accessorv apartment shall not exceed 35 % of the 2:rOSS floor area
of said principal dwelling, and in no event shall exceed 1,000 square feet of gross floor and you
provide a eross floor area of 50 %.
The property is located at 41 Brothers Road and is identified as Tax Grid No. 6258-04-835280
in the Town of Wappinger.
Present:
Mr. Giammarino:
Mr. Fanuele:
""'
Mr. Giammarino:
Mrs. Lukianoff:
Mr. Fanuele:
Mr. Giammarino:
Mr. DellaCorte:
Mr. Giammarino:
Mr. Warren:
Mr. Giammarino:
Ms. Giammarino:
"'""
Ralph Giammarino
Laura Giammarino
I built an apartment for my daughter and grandkids upstairs in 1993.
We had all professionals do the job and it was all inspected.
Do you have a CO for the house?
No.
That is why he is here. He is trying to legalize the apartment after it
was found due to a fire in the house.
So you will acquire a CO once all this is done, correct and this
apartment is already constructed?
Yes it is. In the future I would like to construct a rear entrance so that
my daughter has a rear exit.
Would it be only external?
It would be both external and interior.
How long are you there?
45 years, since 1960. I put a new roof on it in 1980 and it was just
empty until 1993 when my daughter got pregnant and I decided to finish
it for her and the baby.
It is a loft apartment. I will come up and show you the plans for it. At
this time Laura Giammarino approached the dais and showed the
members the plans for both floors of the house.
Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of January 24,2006
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Mr. Warren:
I would like a site inspection.
Mr. Fanuele:
We will do a site inspection on Saturday, January 28,2006 at 9:30 am.
Your public hearing we will set for February 14,2006.
Mrs. Lukianoff:
The DCHD has already ok'd the septic for this property.
Mr. Giammarino:
Thank you.
Appeal No. 06-7295
Trans Star Enterprises- Seeking an area variance of Section 240-53B (4) of District Regulations
in an HB Zoning District.
-Where a minimum lot area of 2 acres is required, the applicant is proposing a lot size of 1.484
acres, thus reQuestine: a variance of .516 acres.
-Seeking an area variance of Section 240-70C of District Regulations in an HB Zoning
District.
-Where the location of overhead doors shall not face any street, the applicant is proposing the
doors on the existine: buildine: to stay, thus reQuestine: a variance be e:ranted on this existine:
condition.
The property is located at 783 Old Route 9 and is identified as Tax Grid No. 6158-04-531030
in the Town of Wappinger.
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Present:
John Sarcone, Attorney for applicant
Mr. Fanuele:
You have an existing piece of property with buildings on it?
Mr. Sarcone:
Yes. This is a pre-existing non-conforming under-sized lot. The new
updated doors were installed in 1998 and they have a CC signed by
Mark Liebermann. The last time I came before you was for a
interpretation but since that time we have come to an agreement with
the town.
Mr. Fanuele:
How many doors face the street?
Mr. Sarcone:
Six doors face the street. His business is exporting motors and he has a
fence surrounding the rest of the property. There is nothing in front of
the garage doors and they are approximately 20 feet from the street.
Mrs. Lukianoff:
They are existing overhead doors.
Mr. Sarcone:
Yes the doors were there prior to 1998 and it was only then that the
applicant upgraded them.
Mr. Fanuele:
We will do a site inspection on Saturday after the first one; say around
10:00 am. We will set your public hearing for February 28,2006.
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Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of January 24,2006
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Mr. Sarcone:
For the record we are withdrawing the previous request to have Mr.
Caviglia replaced and it will be fine with us to have him represent you
on this. Also at this time the interpretation is now mute and we are
withdrawing that application. Good night.
Mr. Warren:
Vote:
At this time I would like to motion to go into executive session for a
discussion on some litigation.
Second the motion.
All present voted aye.
Mr. DellaCorte:
Mr. DellaCorte:
Mr. Warren:
Vote:
Motion to adjourn.
Second the motion.
All present voted aye.
Meeting ended at 9: 15 PM
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Respectfully Submitted,
Barbara Roberti, Secretary
Secretary - Zoning Board of Appeals
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