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1979-11-20The rescheduled meeting of the Zoning Board of Appeals of the Town of Wappinger was held on Tuesday, November 20th, 1979 at 8:00 p.m., at the Town Hall, Mill Street, Wappingers Falls, New York. 4 Members Present Joseph E. Landolfi, Chairman Charles A. Cortellino Donald Mc Millen Carol A. Waddle Members Absent: Howard Prager Others Present: Hans R. Gunderud, Bldg. Inspector/Zoning Admin. Betty -Ann Russ, Secretary The Chairman asked the secretary if the appellants and abutting property owners had been notified. The secretary replied that the appellants and abutting property owners according to the records in the Assessor's office had been notified. The Chairman then explained that it was the procedure of the Board to hear all the cases, then take a short recess and reconvene at which time the Board may or may not render a decision on each appeal. PUBLIC HEARINGS: Appeal # 454, at the request of Virginia L. Winkler, seeking a variance of Article IV, Section 421, paragraph 17 of the Town of Wappinger Zoning Ordinance, to permit the keeping of horses on 9.43 acres of land, being lots 3 and 4 of the Riverdale Subdivision, located on Chelsea River Road, in the Town of Wappinger. The Chairman read the legal notice. Virginia and Matthew Winkler were present. Mr. Landolfi noted that he had been down to look at the property on Sunday. Mrs. Waddle then asked how many horses there would be. .a Mrs. Winkler replied probably one per acre and that they presently had three horses. Zoning Board of Appeals _2_ November 20th, 1979 Mr. Winkler noted that they would like to have more in the future. Mrs. Winkler added that they have three and might possibly breed in the future. Mr. Cortellino asked what building there would be on the property. Mrs. Winkler replied just lean-tos now, a barn somatime in the future. Mrs. Waddle asked about a house. Mrs. Winkler replied not within the next five years. Mr. Cortellino asked about grazing and pasturing. Mrs. Winkler replied that they just lived two miles down the road on Baxtertown Road. Mr. Cortellino asked about clean up and manure storage. Mrs. Winkler replied mucking, in manure pile and would dispose of it. Mrs. Waddle asked about water supply. Mrs. Winkler replied that there was a stream on the property. Mr. Winkler added that if they built a barn they would then drill a well. He then indicated to the Board the lots which they were planning to purchase and -noted that they may also be purchasing an additional lot which would give them ten acres. Mr. Mc Millen asked about lots one and two. Mr. Winkler replied not sold yet, on that side of the road our lots are the only lots sold. Mr. Fallon then noted that the manure piles must be at least 200 feet away from anything. Mr. Mc Millen then mentioned a law regarding fencing lines being held back and believed it had been in effect since 1979. Zoning Board of Appeals -3- November 20th, 1979 Mr. Winkler replied that this shouldn't be any problem. The Board then looked at the sketch of the property. Mr. Cortellino then asked with regard to the letter that was attached to the application was the sale contingent upon getting a variance. Mr. Winkler replied that there had been a down payment, the contract could be cancelled if there were any problems. Mr. Cortellino then asked where the three horses are boarded. Mr. Winkler replied that the horses are boarded at the Fallons. Mr. Fallon added that the Winklers had been with him for about a year and that Jenny Winkler was with the 4-H program and they keep a lot of horses and a lot of children use them and felt that this was a good outlet and was an asset to the area. The Chairman then asked if there was anyone else present who wished to be heard. No one present wished to be heard. The hearing was cured at 8:12 p.m. Appeal ## 455, at the request of Andrew Toth, seeking a variance of Section 422, paragraph 5 of the Town of Wappinger Zoning Ordinance, to permit him to construct a.26' by 26' attached garage within eleven feet of his sideyard lot line on property located on 5 Cady Lane, in the Town of Wappinger. The Chairman read the legal notice. Mr. Andrew Toth was present. Mr. Landolfi noted that he had been out to the property and may have some questions. He then asked if when the house was bought was it as is, was it boarded up. Mr. Toth replied that there was a one car garage, and boarded it up in June as he did not.feel that the garage underneath the house was safe and was concerned about fumes and fire. Zoning Board of Appeals -4- November 20th, 1979 Mr. Landolfi asked how many there were in the family. Mr. Toth replied four, there are two cars. He added that he had received the letter from the Engineer to the Town about the easement and that he could reduce the garage to 24 by 24'h feet in order to comply with the sugcjestion of the Town Engineer. Mr. Cortellino asked with the 24'h', how far would it be. Mr. Toth replied that he would be 12'x' from the sideline. He added that he had a letter from his neighbor, Howard Bloom of Cady Lane, who had no objection. Said letter was received and placed on file. The Chairman then asked if there was anyone else present who wished to be heard for or against the appeal. Mr. Toth noted that he would have the same problem with a detached garage, it would interfere with the easement. No one else wished to be heard. The hearing was closed at 8:18 P.M. The Board then recessed and then reconvened at 8:50 p.m. With regard to Appeal # 454, a motion was made by Mrs. Waddle, seconded by Mr. Mc Millen, that the requested variance be granted and that a Special Use Permit must now be obtained. Mr. Cortellino - nay Motion Was Carried With regard to Appeal # 455, at the request of Andrew Toth, a motion was made by Mr. Mc Millen, seconded by Mrs. Waddle, that a variance be granted and that the size of the garage be reduced to 24'by 24h' and shall not encroach on the easement. Mr. Cortellino - nay Motion Was Carried A motion was then made by Mrs. Waddle, seconded by Mr. Mc Millen, to adjourn. Motion Was Unanimously Carried The meeting was adjourned at 8:55 p.m. Respectfully submitted, TTMAPPROVED (Mrs.) etty Ann Russ, Secretary