1979-12-11The regular meeting of the Zoning Board of Appeals of the
Town of Wappinger was held on Tuesday, December 11th, 1979,
beginning at 8:00 p.m., at the Town Hall, Mill Street, Wappingers
Falls, New Mork.
Members Present:
Joseph E. Landolfi, Chairman
Charles A. Cortellino
Donald Mc Millen
Howard Prager
Carol A. Waddle
Members Absent:'
None
Others Present:
tians R. Gunderud, Bldg. Inspector/Zoning Admin.
Betty -Ann Russ, Secretary
The Chairman asked the secretary if the abutting property
owners and the appellants had been notified.
The secretary replied that the appellants and the 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 he ardall the cases, take a short recess, and then
reconvene at which time the Board may or may not render a decision
on each appeal.
PUBLIC HEARINGS:
Appeal # 456, at the request of Ronald La 5ota, seeking a
use variance of Article IV, Section 421 of the Town of Wappinger
Zoning Ordinance, to permit him to utilize approximately 325 square
feet of a detached garage for retail clothing sales use, on property
located on the corner of Myers Corners Road and Route 376, consisting
of 2.7 acres and being parcel # 6358-01-308568, in the Town of
Wappinger.
The Chairman read the legal notice.
Mr , Ronald'- La Sota was present.
The Chairman noted that two letters had been received and
then read them.
Zoning Board of Appeals -2- December 11th, 1979
Dear Mr. Landolfi,
Concerning the request of Mr. R. La Sota (appeal #456) to
open a clothing store at the junction of Myers Corners Road and
route 376. T live two houses away from Mr. La Sotas residence
and I am in favor of his request provided it is done on a modest
enough scale so as not to alter the residential character of the
neighborhood.
Ferdinand Zipprieh
332 Myers Corners Rd.
Wappingers Falls, N.Y. 12590
Sincerely Yours,
S/Richard A. Sabatelli
330 Myers Corners Roadf
Wappingers Falls, New York
December 11, 1979
Mr. Joseph E. Landolfi, Chairman
Town of Wappinger Zoning Board of Appeals
Wappingers Falls, N.Y. 12590
Gentlemen: - Re: Ronald La Sota Request
for Retail Store
fir►` Gentlemen:
wr Please be advised that I have no Qbj ection.. to Mr. La Sota
operating a clothing store out of his garage next to my house.
Any signs permitted to be erected as well as any planned
alterations of the garage and yard should be in a fashion
conductive to this residential neighborhood.
Thank you for your consideration.
Sincerely,
S/Ferdinand Zipprich
Mr. Landolfi noted that the following letter had been received
from the Dutchess County Department of Planning.
In accordance with the provisions of General Municipal Law (Article
12B, Sections 239.1 and 239-m), the Dutchess County Department of
Planning has reviewed subject referral with regard to pertinent
inter -community and county -►wide considerations.
Upon analysis, this Department makes the following findings:
The applicant requests a variance to convert a garage in a residential
area into a commercial use. The property is located at the corner
of Route 376 and Myers Corners Road in an R-40, single family
9
Zoning Board of Appeals -3- December 11th, 1979
residential zone.
The subject application is a use variance, i.e., a request to allow
a commercial use in a residential district where it is not permitted.
The best procedure for changing the land use in specific areas is
the rezoning process rather than a variance application.
If approved, this proposal would allow a retail clothing store at
the location. Such uses are generally concentrated closer to
population centers, in community shopping areas. The retail sale
of clothing is not considered a neighborhood business type of use
which could be located at various places in the community. Retail
clothing sales and similar uses are best clustered so that comparison
shopping can be accomplished without an excess of automobile trips.
Recommendation
Inview of,the e above findings, the Dutchess County Department of
Planning recommender that this application for a variance be
disapproved. This application is not in accordance with the
Town Development Plan and could met a precedent for the scattering
of retail uses in residential areas throughout the Town.
The Dutchess County Department of Planning does not presume to base
its decision on the legalities or illegalities of the facts or
procedures enumerated in subject zoning action.
Date: December 6, 1979
Kenneth R. Toole, Commissioner
Dutchess County Department of Planning
By
S/Richard Birch
Senior Planner
Mr. Landolfi asked,,about planned advertising.
Mr. La Sots. replied probably thru an ad in the paper, a
lighted sign on the side of the road, would be about it.
Mr. Landolfi asked about the hours of operation.
Mr. La Sota replied four hours a day, five days a week, Saturdays,
not a full time venture, have two jobs, am finishing my masters,
am recently divorced and have to supplement my income and want
to utilize what I have by refurbishing :hall of the garage, going_
in a small way, retail jeans, maybe leather boots.
He added that he has two daughters from a previous marriage in
Pennsylvania who are coming here to school, will be a father -daughter
run, not a gigantic operation, Just half the garage, Ron's Jeans,
etc., sell at a lower price;,, would have low overhead and would
like to try it. Mr. La Sota noted that everyone around his location
is selling or dealing with the public, there is 180 acres of industrial
M
Zoning Board of Appeals -4- December 11th, 1979
land, Central Hudson, Con Edison, at the Hopewell end they __sell
plants and fruit and in East Fishkill they are teeming with businesses
and in the other, direction Mr. Zipprich is a C.P.A., on the corner
there is an antique business and, neighbors have no objection
and it is basically an economic situation. He added that he
appreciated the Dutchess County Department of Planning and wished
they were around when the Serenity Mission subdivision was approved,
.as have found storm drains coming in and went to various people
and can't get any help, some recommendations are valid, some are
not.
The secretary noted that subdivision are not required to be
reviewed by the Dutchess County Department of Planning.
The Chairman asked if there, was anyone present who wished
to be heard.
No one present wished to be heard.
The hearing was closed at 8:19,p.m.
Appeal # 457, at the request of Virginia L. Winkler, seeking
a Special Use Permit pursuant to Section 421, permitted principal
uses, paragraph 17 of the Town of Wappinger Zoning Ordinance, to
permit a public stable on property located on Chelsea River Road,
being lots 3 and 4 of the Riverdale Subdivision, being parcels
numbered 6056-02-558925 and 553965, in the Town of Wappinger.
The Chairman read the legal notice.
Matthew and Virginia Winkler were present.
Mra. Winkler noted that they had acquired additional lot,
10.7 acres now, one piece of property where she would build a
house.
Mr. Winkler noted that they were now in compliance with
the present ruling.
Mr. Cortellino asked about the plans for the property.
Mrs. Winkler noted that they had acquired additional land,
and would like to have ten horses, want to breed or board.
Mr. Cortellino noted there were restrictions, based on
individual use, take in other horses in the area would need to
be concerned about horses.
Mrs. Winkler noted that they were looking toward the future.
Zoning Board of Appeals -5- . December 11th, 1979
Mr. Winkler noted that they had previously paid for five
spaces to board their horses, basically for our own horses, in
the future breed, but not a riding stable with people coming
and going and that some of the horses would not be theirs and that
was why they wanted a public but not riding stable and that he
had a note from Mr. Fallon giving his permission.
Mr. Mc Millen noted on boarding horses, allow them to come
and ride on the road,. what about restricting to horses being
boarded only being ridden._.on the property.
Mrs. Winkler noted that the people in the area have large
places.
Mr. Winkler added that they are not riding on the road
but to go to Baisleys and the Noviate you have to cross the road
and that there are basically the same number of horses in the area.
Mrs. Winkler noted that there were trails all over, it is a
very desirable place and there is a wonderful group of people
in the area.
The Chairman then asked if there was anyone present who
wished to be heard.
No one present wished to be heard.
The hearing was closed at 8:22 p.m.
The Board then recessed and reconvened at 8:55 p.m.
With regard to Appeal # 456, a motion was made by Mrs. Waddle,
seconded by Mr. Mc Millen, to deny the requested variance as the
property in question would yield a reasonable return if limited
to the use permitted in the ordinance as it is located in a
residential zone and a house and garage occupy the property and
a retail clothing store at the proposed location is not considered
a neighborhood type business.
Motion Was Unanimously Carried
With regard to Appeal # 457, a ---motion. was made by
Ar. Mc Millen, seconded by Mr. Prager, that a Special Use Permit
be granted with the following restrictions:
1. One horse per acre shall be permitted.
2. No horse shows, rodeos or similar events shall be
permitted.
3. There shall be no commercial tack shop on the property.
z
Zoning Board of
Appeals -6- DeCember 11th, 1979
4• Recommendations of the
y
Health shall a Butchess Count De
corn lied with and their approval for alorrtmenof
an operation
of a public stable shall be obtained.
5. Adequate buffer zones shall be provided
stable and manure storage areas at least 100tfeetefrom buildings
used for human habitation .and at least 144 fee. p the horses,.:...
and highways. t from streets
6• The fire department shall be contacted to inspect the
premises snd their recommendations shall be followed.
7. The Zoning Board of Appeals reserves the right to
period-
ically review the parking area for adequacy and any changes may occur on the site. g s
8. All signs must meet the requirements of the Town of W
Zoning Ordinance. appinger
9. The property shall be adequately fenced to contain the
horses.
The motion Was Unanimously Carried
A motion was then made by Mrs. Waddle, seconded by Mr. Cor
to adjourn.
tellino,
The motion Was Unanimously Carried
Mr. La Sota asked what he could do now.
'1 Mr. Landolfi replied
can reappeal with additional ainformatt he ionaOrecoulde decision,
court. go to a higher
Mrs. Waddle noted that he could also petition the Town
Board for a rezoning of the property.
The meeting was adjourned at 9;07 p.m.
lteepeCtfully submitted,
(Mr.s. Betty -Ann Russ, Secretary
br Zoning Board of Appeals
UNAPPROVED