1978-09-12ZONING BOARD OF APPEALS BLDG. INSPECTOR'S OFFICE
SEPTEMBER 12TH, 1978 - 8:00 P.M. MILL STREET - TOWN HALL
AGENDA WAPP. FALLS, NY
I PUBLIC HEARING:
1. Appeal # 413, at the request of Louis J. Fallon, 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 Old State Road, being parcel
numbers 6056-02-625903 and 619942, in the Town of Wappinger.
II NEW BUSINESS:
1. Appeal # 414, at the request of Morey C. Brown, seeking
an interpretation of Section 416.033 of the Town of Wappinger
Zoning Ordinance, for a determination as to whether or not an
antique shop is less non -conforming than offices that exist on
property located on the corner of Route 376 and Myers Corners
Road, in the Town of Wappinger.
III UNFINISHED BUSINESS:
1. Appeal # 412, at the request of Frank H. Mc Enaney, seeking
a variance in accordance with the provision of Section 416.031 of the
Town of Wappinger Zoning Ordinance, to permit the creation of four
additional apartments in his non -conforming building located on
Widmer Road, being parcel # 6258-01-135707, in the Town of Wappinger.
2. Follow-up on recommendations to the Town Board on revisions
to the zoning ordinance.
IV CORRESPONDENCE:
1. Letter dated August 17th, 1978 from Charles R. Mazzeo.
14
The regular meeting of the Zoning Board of Appeals of the
Town of Wappinger was called to order on Tuesday, September 12th, 1978
at 8:00 p.m., at the Town Hall, in the Building Inspector's office,
Mill Street, Wappingers Falls, New York.
Members Present:
Joseph E. Landolfi, Chairman
Donald Mc Millen
Howard Prager
Members Absent:
Charles A. Cortellino
Carol A. Waddle
Others Present:
Betty -Ann Russ, Secretary
The Chairman asked the secretary if all the Appellants and
abutting property owners had been notified.
The secretary replied that they had been notified.
The Chairman then explained that it was the Board's procedure
to hear all the cases and give everyone an opportunity to be heard
then the Board retires for executive session to consider the
information presented and then the Board may or may not render a
decision on each Appeal.
PUBLIC HEARING:
Appeal #k 413, at the request of Louis J. Fallon, 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 Old State Road, being parcel
numbers 6056-02-625903 and 619942, in the Town of Wappinger.
The Chairman read the legal notice.
Mr. Louis Fallon and Mr. Gregory Supple, Esq. were present.
Mr. Fallon noted that he was in contract to buy a ten acre
parcel from Mr. Charles Patrick so his total acreage would be
over 16 acres but the purchase of this additional land was subject
to getting the Special Use Permit for the stable.
Mr. Mc Millen asked Mr. Fallon how much acreage he had.
Vq
Zoning Board of Appeals
-2- September 12th, 1978
Mr. Fallon replied that he had purchased the former Widmann
property which consisted of 5.99 acres plus the 10.2 acres that
will be purchased from Mr. Patrick.
Mr. Mc Millen noted that part of the ten acres was in a
flood plain area.
Mr. Fallon replied that this would be pasture land.
Mr. Mc Millen noted that there was a requirement that there
be no storage of manure within 100 feet of property lines. He
then asked if there would be riding off the property.
Mr. Fallon noted that he has a riding ring but a lot of people
do ride on the trails in the area.
Mr. Mc Millen commented that there was a law in effect that
if you are riding on a State road you have to go behind the horse
and clean up any droppings.
Mr. Fallon noted that his operation wouldn't even be seen from
the road and has been involved with horses since he was thirteen
years old and had done olympic training.
Mr. Fallon noted that he came from Westchester and had been
somewhat mislead by the previous owner that horses could be kept
on the property and was now trying to conform by getting the
additional acreage and felt that an acre per horse was reasonable
and would probably have 14 to 16 horses on the property.
Mr. Landolfi then asked about the parking and the hours of
operation.
Mr. Fallon replied that he had 12 to 14 spaces and planned on
operating during the day and might have three of four people there
at a time and that he planned to put another barn up in the future.
He also noted that he was a blacksmith.
Mr. Landolfi aNked how the stable would be advertised.
Mr. Fallon replied the Pennysaver and the Poughkeepsie Journal
although most would come from word of mouth. He noted that there
was an "Arien Farms" sign on the mailbox and would conform to any
requirements on signs, there would be some boarding, there would
be no shows and he might want to breed horses later on.
Zoning Board of Appeals -3-
September 12th, 1978
The Chairman asked if there was anyone else present who
wished to be heard.
Mr. Gregory Supple, Esq. noted that the contract of sale
contains clauses that there be no manure storage within 200
feet of any property line. .
It was noted that Dutchess County Department of Health has
a code which covers the keeping of horses.
The Chairman then asked if anyone else wished to be heard.
No one else present wished to be heard.
The hearing was closed at 8:15 p.m.
The Board then had before them a request for a determination
as to whether or not an antique shop is less non -conforming than
offices which exist on the property of Morey C. Brown located on
the corner of Route 376 and Myers Corners Road, in the Town of
Wappinger.
Mr. George Harrison presented the Board with a letter
from Mr. Brown indicating that he had no objection to the
determination being sought.
Mr. Mc Millen noted that the Board had a sketch of the property
and asked if the entire parcel was to be purchased.
Mr. Harrison replied yes.
Mr. Mc Enaney then came before the Board to ask if there
were any other questions he could answer with regard to his Appeal
which was considered at the August meeting.
Mr. Landolfi noted that the Board had received the comments
of the fire department which the Board had been waiting for.
Mrs. Joan Baisley then came forward to indicate that she was
in favor of the Fallons being granted a Special Use Permit.
The Board then recessed at 8:20 p.m. and reconvened at 8:55 p.m.
Zoning Board of Appeals
-4- September 12th, 1978
With regard to Appeal # 413 at the request of Louis J. Fallon,
seeking a Special Use Permit to operate a public stable, a motion
was made by Mr. Mc Millen, seconded by Mr. Prager, to grant a
Special Use Permit with the following conditions:
1. One horse per acre shall be permitted.
2. Horse shows shall be limited to the inhabitants of the
premises. No other horse shows, rodeos or similar events
shall be permitted.
3. There shall be no commercial tack shop on the property.
4. Recommendations of the Dutchess County Department of Health
shall be complied with and their approval for an operation of
a public stable shall be obtained.
5. Adequate buffer zones shall be provided to keep the horses,
stable and manure storage areas at least 100 feet from buildings
used for human habitation and at least 100 feet from streets
and highways.
6. The fire department shall be contacted to inspect the
premises and their recommendations shall be followed.
7. The Zoning Board of Appeals reserves the right to review
the parking area for adequacy within a period of one year
of operation.
8. All signs must meet the requirements of the Zoning
Ordinance.
9. The property shall be adequately fenced to contain the
horses.
Motion Was Unanimously Carried
By Those Members Present
With regard to Appeal # 414, at the request of Morey C. Brown,
Mr. Landolfi read the following unanimous interpretation of the
Zoning Board of Appeals:
The Zoning Board of Appeals interprets that an antique shop
is no more non -conforming than the present use of the property.
With regard to Appeal # 412, at the request of Mr. Mc Enaney,
a motion was made by Mr. Prager, seconded by Mr. Mc Millen, to
grant the requested variance with the following conditions:
1. Appellant shall obtain site plan approval from the Town
of Wappinger Planning Board.
2. Appellant shall comply with the recommendations of the
New Hackensack Fire Company as stated in their letter dated
September 6th, 1978. A copy of said letter is attached.
Zoning Board of Appeals -5- September 12th, 1978
r 3. Access to the property shall be checked by the Town of
Wappinger Highway Superintendent and the Appellant shall
�"'+ comply with any recommendations made by said Highway Superintendent.
4. There shall be no storage of vehicles on the property.
Mr. Mc Enaney noted that conditions number four might be a
problem as he stores his electric business trucks and this would
appear to include them.
Mr. Prager then amended condition number four to read
as follows:
4. No storage of vehicles other than those owned by
Mr. Mc Enaney and those allowed by the Zoning Ordinance
shall be permitted and the recommendation of the Building
Inspector/Zoning Administrator on the storage of the
trailers shall be followed.
The amended motion was seconded by Mr. Mc Millen and unanimously
carried by those members present.
A motion was then made by Mr. Prager, seconded by Mr. Mc Millen,
to adjourn.
Motion Was Unanimously Carried
By Those Members Present
The meeting was adjourned at 9:00 p.m.
Respectfully submitted,
(Mrs.)44/�tl-tty-Ann Russ,
br
UNAPPROVED
Secretary