1989-02-07 - Laserfiche WebLink

Home Browse Search

MINUTES OF REGULAR MEETING OF THE ZONING BOARD OF APPEALS HELD AT MESIER HOMESTEAD, WAPPINGERS FALLS, NEW YORK - FEBRUARY 7, 1989 Present: Mr. Frank Savelli, Chairman, Robert Smith, George Casey, Village Attorney Lou Viglotti and Mary Ann Wood, Secretary. Others Present: Harold Reilly, Esquire, 107 East MainStreet, Wappingers Falls Ronald D'Souza, P. O. Box ll30,.Hopewell Junction, NY Tony Sidote, Nelson Avenue, Wappingers Falls Tony Pacio, Zoning Enforcement Officer Harry Greco, Trustee Phil Galioto, Code Enforcement Officer Meeting was called to order at 7:30~p.m. Motion was made by George Casey and seconded by Robert Smith that minutes of meeting held January 3, 1989 and re- ceived by all members by mail be approved as written, Unanimously carried. E&J REALTY CORPORATION, 344 MAIN STREET, SUITE 403, MOUNT KISCO, NEW YORK 10549 The attorney for E&J Realty Corporation and Village Attorney Viglotti had a conversation this date. The attorney for E&J was asking for a continuance of the hearing that was scheduled for tonight so that he could investigate other alternatives in connection with Rockledge - Channingville Road and the deter- mination of the zoning line. If these alternatives prove feasible, he will not need to return to the Zoning Board of Appeals. RONALD D'SOUZA~ P.O. BOX ll30, HOPEWELL JUNCTION, NY 12533 Chairman Savelli stated that the first order of business would be holding of public hearing on the application of Mr. Ronald D'Souza, P. O. Box 1130, Hopewell Junction, New York 12533 seeking a variance from Local Law No, 10-86, Section II: Amendment which reads "Minimum livable first floor area "square foot" in a R2-F district shall require a two story structure to contain no less than 850 sq. ft. of livable first floor area," for property situated at 38 West Main Street, Wappingers Falls, NY. Secretary read legal notice as inserted in the January 25, 1989 edition of the Southern Dutchess News and Notice of Appeal #1-89. Secretary advised that all property owners within a radius of 200 feet from subject property were furnished a copy of the legal notice and Dutchess County Department of Planning responded favorably to the zoning referral. Mr. Harold Reilly, attorney for Mr. D!Souza stated that the applicant had pur- chased the property in 1971. At. the time he purchased it the ground floor or main level contained a paint shop and a residence behind it and the lower floor contained an apartment, the same apartment that is there now. In 1972 the paint shop was eliminated and there was a complete apartment on the ground floor. The bottom floor stayed as it was for all these years. It was brought to the attention of the Zoning Officer that the bottom floor contained inadequate floor space and there was never a certificate of occupancy issued for the apart- ment on the main floor. By an oversight the main floor was changed from commer- cial usage to apartment usage.