1972-01-11The regular meeting of the Zoning Board of Appeals of the
Town of Wappinger was called to order on Tuesday, January 11, 1972
at 8:05 p.m., at the Town Hall, Mill Street, Wappingers Falls,
New York.
Members Present:
Thomas I. Graham
Charles Cortellino
Gordon A. Hirt
Carol A. Waddle
Members Absent:
Arthur Kalaka
Others Present:
Susan J. Pike, Zoning Administrator
Betty -Ann Geoghegan, Secretary
PUBLIC HEARINGS:
Appeal ## 134, at the request of Ralph Valentine, Sr., seeking
a variance of Section 280 A of the Town Law, to obtain a building
permit to erect a residence to be located on a private road on the
northerly side of Stoneykill Road, Town of Wappinger.
The Chairman read the legal notice.
Mr. Valentine was present for the Appeal.
Mr. Hirt asked Mr. Valentine where the property was located.
Mr. Valentine replied that he was off Baxtertown Road.
Mr. Graham then asked if the property was anywhere near the Atkins
property.
Mr. Valentine replied that it was about 50 to 100 feet down
coming off of Baxtertown Road.
Mrs. Waddle then asked if there were any other houses.
Mr. Valentine noted that there was one which was built by
Mr. Horton.
Mr. Hirt then asked if there were other homes built on the
private road.
,Mr. Valentine that there was a house on the right side of his lot
and noted that the people live there part time.
Mr. Cortellino then asked who would take -care of the road.
Zoning Board of Appeals -2- January 11, 1972
Mr. Valentine replied that he had trucks and one with a snowplow
and that he would take care of the road.
The Board then asked if there was anyone else present who wished
to be heard.
Mr. Joe Brown stated that he was speaking for his mother who
was an abutting property owner and noted that she had no objections
to the variance being granted.
The Board asked if there was anyone else present who wished to
be heard.
No one else present wished to be heard.
The hearing was closed at 8:20 p.m.
Appeal # 135, at the request of 7 -Eleven Stores, Inc. seeking
variances of front and rear yard setbacks so that the front yard
may be used for off-street parking for their proposed food store to
be located on the southerly side of All Angels Hill Road, Town of
Wappinger.
The Chairman read the legal notice.
Mr. Kenneth C. Russ and Mr. William Probst were present in behalf
of the appellants.
The Board and Mr. Russ then generally discussed the site plan.
Mr. Russ noted that this type of store had parking
in the front as it was a convenience store and people pull in and out,
but the 75 foot setback did not allow for parking in the front which
was why the variances were being sought.
Mr. Hirt then asked what the side yard requirements were.
Miss Pike noted that there was no minimum.
Mr. Graham then asked how many employees there would be.
Mr. Russ replied that there would be four employees.
The Board and Mr. Russ then discussed a number of other
parking arrangements for the site.
Mr. Russ noted that the appellants wished to have the parking
460 in the front as they felt this encouraged customers to frequent their
type of convenience store.
Zoning Board of Appeals -3- January 11, 1972
It was then noted that this Appeal had been referred to the
Dutchess County Department of Planning and their recommendation had not
been received.
The Board then asked if anyone else present wished to be heard.
There was no one else present who wished to be heard.
The hearing was closed at 8:30 p.m.
The Board then went into executive session.
The meeting was reconvened at 9:50 p.m.
Regarding Appeal ## 129, a motion was made by Mr. Hirt, seconded
by Mrs. Waddle to grant a variance to Robert and Jean Mallabar.
Motion Unanimously Carried
Regarding Appeal # 130, a motion was made by Mr. Hirt,seconded
by Mrs. Waddle, to grant a Special Permit to Rev. Charles Macdonald
to place a trailer on property located on Route 376 as a temporary
dwelling while a permanent structure is being built.
Motion Unanimously Carried
Regarding Appeal ## 131, a motion was made by Mrs. Waddle, seconded
by Mr. Cortellino, to grant a variance on the grounds that the hardship
created on Robert's Running Creek Mobile Home Park is unique and would
not be shared by all properties alike in the vicinity of the property
and in the same use district, because a reasonable return on the land
would not be realized. The variance would not change the character of
the district because the mobile home park already exists on the property.
Therefore, it was further determined that the requested variance be
granted provided that site plan approval from the Planning Board and
Health Department approval are obtained before.any trailers are placed
on the premises.
Motion Unanimously Carried
Regarding Appeal # 132, a motion was made by Mr. Cortellino,
seconded by Mrs. Waddle, to grant a variance to Galbei Corp.
to expand their restaurant.
Motion Unanimously Carried,
Regarding Appeal # 133, a motion was made by Mr. Cortellino,
seconded by Mr. Hirt, to grant the request for a variance of
setback regulations to allow the relocation of the sign requested
by Galbei Corp within 10 feet of the front property line, however,
the request for a variance to allow a sign 11 square feet larger
than the maximum are allowed was denied.
Motion Unanimously Carried
Zoning Board of Appeals -4- January 11, 1972
Regarding Appeal #134, a motion was made by Mr. Hirt, seconded
by Mr. Cortellino, to grant a variance to Mr. Valentine, Sr. to erect
460 a residence on a private road.
Motion Unanimously Carried
Regarding Appeal ¢# 135, no action was taken as the recommendation
of the Dutchess County Department of Planning had not been received.
Action will be taken as the next meeting of the Zoning Board of
Appeals to be held on February 8, 1972.
Mr. Graham then asked that the record show that a,meeting had
been held on Sunday, January 9, 1972 with members of the East Fishkill
Zoning and Planning Boards, East Fishkill Deputy Supervisor Allyn Way,
Mr. Nigron of Parker Distributors, Town of Wappinger Supervisor
Louis D. Diehl, Arthur Kalaka and Thomas I. Graham, to discuss plans
for the Black -watch Farm property.
A motion was then made by Mr. Hirt, seconded by Mrs. Waddle, to
adjourn the meeting.
Motion Unanimously Carried
The meeting was adjourned at 10:05 p.m.
Respectfully submitted,
Betty nn Geoghegan, S cretary
APPROVED NOVEMBER 14, 1972