1978-07-20A special meeting of the Zoning Board of Appeals of the
Town of Wappinger was held on July 20th, 1978, beginning at
8:00 p.m., at the Town Hall, Mill Street, Wappingers Falls,
New York.
Members Present:
Joseph E. Landolfi, Chairman
Charles A. Uortellino
Howard Prager
Donald Me Millen
Carol A. Waddle
Others Present:
Betty -Ann Russ, Secretary
James V. Porter, Planning Board Member
Mr. Landolfi noted that the purpose of the special meeting
was as a follow-up to Appeal # 405 as a combined work session,
whatever to get all the facts before everyone to allow the Board
to make a decision and noted that the secretary had prepared
a chronological sequence of events.
Dr. Daniel Hannigan and Mr. James E. Coombe, Attorney at
Law, were present.
Mr. Landolfi noted the Board had one question, was concerned
upon construction of new hospital what was going to happen
to the existing hospital and then ro*d an excerpt from the
March 21st, 1977 Planning Board minutes.
Mr. Porter noted that from the minutes it would be a boarding
kennel was stretching his memory would have to rely on the
minutes.
Mr. Me Millon asked if the Board considered the Special Use
Permit aspect.
Mr. Porter replied he thought the application had been given
a thorough review as the Board even set hours of operation.
Mr. Cortellino then asked if the trailer was to the right.
Dr. Hannigan replied that it was to the right of his house,
it had been there for 15 to 16 years, my mother used to live there,
it is located on the four acre parcel.
Mrs. Waddle noted that it was under separate deeds, Mr. Logan
advised it was under three different deeds, if Dr. Hannigan retires,
it could be sold and other acreage could be sold and it would be
better if it was on one deed..
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Zoning Board of Appeals -2- July 20th, 1978
Dr. Hannigan replied that he was paying for ten acres for
sewer and water, would be much better if it would be one piece of
property, would like to see it that way.
Mr. Coombs then noted if this was merged, if he wanted to
sell one piece off would have to subdivide.
Mr. Landolfi then asked Mr. Porter if he considered three
parcels.
Mr. Porter replied that the site plan showed it as one parcel,
considered one parcel.
Dr. -Hannigan commented that to become conforming he had
to buy property, this was perfectly within bounds at the time.
Mar®. Waddle noted that the Board was conceaned about what
could happen in the future.
Dr. Hannigan replied that he did not object to combining
unless this would hold it up.
Mrs. Waddle noted that she felt that these parcels could
be sold separately.
Dr. Hannigan replied you have to consider value of $300,000
that it would be tossed away by selling four acres off.
Mr. Coombs then commented that he would like to
in Dr. Hanni ah's behalf that we ' Point out
g question the Board's decision
to act, these plans were filed on February 3rd, 1977, and the
Zoning Ordinance amendment which gave Special Use Permits to
the Zoning Board was done after this application was approved,
the matter was brought before the Planning Board, it granted
final approval, have expended a substantial amount of money
and we do not consent to the Zoning Board's having jurisdiction.
Mr. Cortellino commented that he had come here to cooperate
and had left work and rushed here and you don't think we have
jurisdiction, I will leave, had been cooperating up to this
point, good night.
Mr. C;ortellino then left at 8:37 p.m.
Mr. Coombs noted that a building permit had bean applied for,
the Zoning Adilihittrator sent us here and we question the jurisdiction
of the Zoning Board of Appeals to give a use permit, applied for
building permit after Planning Board approval, our position we were
Zoning Board of Appeals -3- July 20th, 1978
entitled to a building permit, the Zoning Administrator said it
was his position that a use permit was required, now whether or
not we have to get a Special Use Permit so the Zoning Administrator
is in a position to give a building permit.
Mrs. Waddle noted that there are houses on the property,
want to know if variance is needed.
Mr. Mc Millen commented is it opinion that Board has
no jurisdiction.
Mr. Porter commented look at time sequence, Planning Board
function when Special Use Permits, then amrndmen t and ceased to
be -with us and became Zoning Board's province, responsibility
was in hands, perhaps making improper decision on the Special
Use Permit.
Mr. Coombs noted that there is a thirty day period for a
challenge, in any event says he is under old provision.
Mrs. Waddle commented that before making a hasty decision
she thought the Board should consult with its attorney.
Mr. Mc Millen commented it was "in our jurisdiction.
Mr. Porter noted that he felt in setting hours of operation
that the Board had reviewed it completely and was in our jurisdiction.
Mr. Mc Millen commented that it was not in the Zoni:ogrd
of Appeal's jurisdiction, approval has been obtained, Vca !pins
met and building permit should be issued.
Mr. Coombs noted that the Zoning Administrator would have
to be told so a building permit can be issued.
Mr. Mc Millen then moved that it is the opinion of the Zoning
Board of Appeals that this application does not fall within their
jurisdiction due to the provision included with the amendment of
the Town of Wappinger Zoning Ordinance - Sections 434, 434.01, 434.014,
434.02, 434.03, 435.01, 435.02 and 436 which said provision states
"Notwithstanding the same, any application for special permits
which have been filed with the Zoning Administrator prior to the
effective date of this ordinance shall be processed in the manner
heretofore provided" and further, a building permit should be
issued upon compliance with all conditions set forth in the Town
of Wappinger Planning Board's resolution of approval.
The motion was seconded by Mr. Prager.
Motion Was Unanimously Carried
By Those Members Present
Zoning Board of Appeals -4- July 20th, 1978
A motion was then made by Mr. Prager, seconded by
Mr. Mc Millen, to adjourn the meeting.
Motion Was Unanimously Carried
By Those Members Present
The meeting was adjourned at 8:50 p.m.
Respectfully submitted,
(Mrs.)%etty-Ann Russ, Secretary
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