1978-04-11ZONING BOARD OF APPEALS
APRIL 11TH, 1978 - 8:00 P.M.
AGENDA
I PUBLIC HEARING:
TOWN HALL
MILL STREET
WAPP. FALLS, NY
1. Appeal # 392, at the request of Furman B. Rogers, seeking
a variance of Article IV, Section 411.07 of the Town of Wappinger
Zoning Ordinance, to permit the contruction of a single-family
dwelling on his lot located on Schlicter Road, in the Town of
Wappinger. Said property having no frontage on a street or highway
as defined by Section 280A of the Town Law.
The regular meeting of the Zoning Board of Appeals of the
Town of Wappinger was called to order on Tuesday, April 11th, 1978
at 8:05 p.m., at the Town Hall, Mill Street, Wappingers Falls,
New York.
Members Present:
Joseph E. Landolfi, Chairman
Charles A. Cortellino
Donald McMillen
Howard Prager, Jr.
Carol A. Waddle
Members Absent:
None
Others Present:
Robert G. Ruit, Building Inspector/Zoning Admin.
Betty -Ann Russ, Secretary
The Chairman asked the secretary if the Appellant and abutting
property owners had been notified.
The secretary replied that they had been notified.
PUBLIC HEARING:
Appeal # 392, at the request of Furman B. Rogers, seeking a
variance of Article IV, Section 411.07 of the Town of Wappinger
Zoning Ordinance, to permit the construction of a single-family
dwelling on his lot located on Schlicter Road, in the Town of
Wappinger. Said property having no frontage on a street or highway
as defined by Section 280A of the Town Law.
The Chairman read the legal notice.
Mr. Furman B. Rogers of 23 Restful Lane, Levittown, Long Island,
New York was present for the Appeal.
Mr. Landolfi then explained that it was the Board's procedure
to ask some questions of the Appellant and then anyone in the audience
who might have something to say and then recesses to -consider the
Appeal and then the Board may, or may not render a decision.
Mr. Prager noted that Mr. Cancellieri appealed about two years
ago for a variance on this lot.
Zoning Board of Appeals -2- April 11th, 1978
Mr. Rogers noted that he was now retired and with regard
to the previous Appeal he had advertised at work and Mr. Cancelleri
was interested in building his family a house and I was trying
to sell the lot.
Mr. Prager asked if there had been any changes to the road.
Mr. Rogers replied no and noted that all the houses on the
road were built previously.
Mr. Landolfi noted that part of the road appeared to be
oiled and chipped.
Mr. Rogers replied that the portion from Smithtown Road
to his property was oiled many years ago.
Mr. Cortellino noted that the drawing looked like you (Mr. Rogers)
cut it up to make your plot and this was a piece of a larger parcel.
Mr. Rogers replied that these pieces were cut up before the
war and at that time I couldn't go ahead with my plans, I paid money
for an acre, I had looked at it in hopes of building but later I
gave it to my mother and it has now become an estate belonging to me,
my sister and my niece.
Mr. Cortellino then asked if there was a house next to Mr. Rogers'
lot.
Mr. Rogers replied that there was a house next to him and that
the property had been broken up this way long ago.
Mr. Prager asked if the road could be brought up to Town specificat-
ions.
Mr. Mc Millen noted that he had spoken to Mr. Lilly who
said most of the residents didn't want it to become a Town road.
Mr. Landolfi noted that although there was plowing and garbage
pickup that there was a fire consideration with regard to the shape
of the road in case of an emergency.
Mr. Rogers noted that the road was not as good as the area
below.
Zoning Board of Appeals -3- April 11th, 1978
Mr. Landolfi asked how many houses were above the road where
it is oiled and chipped.
Mr. Rogers answered that he thought there were two houses.
Mr. Mc Millen asked Mr. Rogers if it would be possible
to get the road oiled and chipped to his property.
Mr. Rogers replied that generally speaking he didn't think
he could do this as it involved other properties.
Mr. Cortellino then asked Mr. Rogers why he didn't pick a
lot with frontage on Smithtown Road.
Mr. Rogers replied that the views were nicer in the back.
Mr. Cortellino then asked what was in the back of the
property.
Mr. Rogers answered that this area used to be farmed and was
part of an orchard.
Mr. Landolfi noted that the Board could check the ownership
of the property on the tax map.
Mr. Rogers noted that he only has rights to the center of
the road. He added that he had intended to build a house and the
views were why he picked out this lot and was one of the first
people to buy a lot in this area.
Mr. Landolfi asked if there were oil deliveries in the
winter.
Mr. Mc Millen noted that he had spoken to Mr. Lilly who said
it was no problem as they do their own sanding. He added that he
felt getting mortgages and resales were a problem and a buyer
of this property would have to understand all the ramifications.
Mr. Rogers commented that the lot had advantages and disadvantages.
He added that if he got a variance it would be for a house and garage.
Mr. Cortellino added that a variance would have to be obtained
for a pool, porch, etc. everytime something was added because the
kw property was not on a Town road.
Zoning Board of Appeals -4- April 11th, 1978
Mr. Rogers commented that he had this property which he can't
seem to use or sell and has paid taxes on it for 35 years and it
didn't seem right that it can't be used.
Mr. Cortellino asked Mr. Rogers if he planned to live on the
property.
Mr. Rogers replied that he may not that he may sell it to
the right person and if the variance can be secured he could sell
it.
Mr. Mc Millen then asked if the variance was being sought
for speculation.
Mr. Rogers answered that he hoped to sell to someone who could
use it and use it well and that was why he was asking for it, for
himself or someone he may sell to.
The Chairman then asked if there was anyone else present
who wished to be heard.
Mr. Donald Rockefeller of Schlicter Road noted that he owned
the house north of Mr. Rogers and used to own the house south of
the property and wanted to add to what Mr. Rogers had said as it
has been a burden to them as they must maintain it and pay taxes
and thought it was a crime they couldn't use it as it does nothing
for the Town and a residence on the property would bring in more
taxes.
Mr. Cortellino asked if the neighbors had been sounded out
about the road becoming a Town road.
Mr. Rockerfeller replied that the men down below were retired
and had originally put the road in and wanted it to stay. He
further noted that he had made some improvements to the road himself
and that Mr. Rogers had a nice acre and there was plenty of room
for a septic and it seems a waste not to use it. Mr. Rockefeller
added that most of the homes were summer dwellings but now the
bulk of them were year round homes and a lot of these people are
retired and don't want to put more into the, -road and he- had _himself
recently brought two loads of fill in and the facilities provided
by the Town are practically nil and he was present for the last
appeal and felt a variance should be granted.
Mr. Landolfi noted that he was concerned about the safety and
welfare of the people on the road and there are problems the Board
envisions, however, he agrees it is a beautiful piece of property.
Zoning Board of Appeals -5- April llth, 1978
Mr. Rockefeller then asked what it took to have roads
become Town roads.
Mr. Landolfi noted that the residents generally petition
the Town Board to take over the road.
Mr. Cortellino added that the residents of Dugan Lane had
done this, however, the Town tries to avoid the expense of any
additional construction as the specs get upgraded but that they
might be able to work out a compromise but in speaking to the
Highway Superintendent he indicated that the people didn't want it
to become a Town road.
Mrs. Waddle noted that perhaps something could be negotiated.
The Board then suggested that Mr. Rockefeller contact
Mr. Horton, the Highway Superintendent, to check to find out
what was involved.
No one else present wished to be heard.
The hearing was closed at 8:35 p.m.
The Board then recessed for executive session and reconvened
at 8:57 p.m.
With regard to Appeal # 392, at the request of Furman B. Rogers,
a motion was made by Mr. Cortellino, seconded by Mrs. Waddle, to
table action on the Appeal until further information is received
from the Highway Superintendent.
Motion Unanimously Carried
A motion was then made by Mr. Cortellino, seconded by Mr. Prager,
to adjourn.
Motion Unanimously Carried
The meeting was adjourned at 8:59 p.m.
Respectfully submitted,
(Mrs.) tty-Ann Russ, Secretary
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UNAPPROVED