1972-08-08The regular meeting of the Zoning Board of Appeals of the
Town of Wappinger was called to order on Tuesday, August 8, 1972
at 8:00 p.m., at the Town Hall, Mill Street, Wappingers Falls,
New York.
Members Present:
Arthur Kalaka
Allen B. Cooke
Charles Cortellino
Angelo Limardo
Members Absent:
Carol A. Waddle
Others Present:
Susan J. Pike, Zoning Administrator
Betty -Ann Geoghegan, Secretary
PUBLIC HEARINGS:
Appeal # 159, at the request of Mr. Charles M. Gumpert, seeking
a variance of Section 424 of the Town of Wappinger Zoning Ordinance,
to establish an additional dwelling 'unit on the premises to be located
in an existing garage building, on his property located on the
easterly side of Old Route 9, Town of Wappinger.
The Chairman read the legal notice.
The Chairman then asked if affadavits of publication had been
received and if all abutting property owners had been notified.
The secretary noted that affadavits had been received and
abutting owners were notified.
Mr. Gumpert was present for his Appeal.
Mr. Kalaka asked what zoning district was Mr. Gumpert property
in.
Miss Pike replied that it was in an HB -1 district.
Mr. Kalaka asked Mr. Gumpert if the garage was the only building on
the property.
Mr. Gumpert replied no. Mr. Gumpert then stated that the dimensions
of the building were 12 feet wide and 18 to 20 feet long.
Mr. Kalaka asked Mr. Gumpert how much land he had.
Mr. Gumpert replied that he had four acres. He noted that he
wished the variance so that he could put plumbing in the garage.
Mr. Kalaka then asked if this Appeal had been referred to
the Dutchess County Department of Planning-
Zoning Board of Appeals -2- August 8, 1972
The secretary replied that the Appeal had been submitted but
the County Planning Board had not yet replied.
Mr. Gumpert then stated that Mr. Stamp of the Health Department
had written a letter.
Miss Pike noted that this letter had not been received.
Mr. Kalaka then asked if there weren't other buildings and
trailers on the property.
Mr. Gumpertrepliedthat there were two buildings, trailers
and the garage on his property.
Miss Pike noted that there were six apartments in one
of the buildings.
Mr. Kalaka then noted on the appeal forms Mr. Gumpert asked
for a variance, a special use permit, and an appeal as an aggrieved
person and he wanted it made clear to the Board what exactly Mr.
Gumpert was appealing for.
Miss Pike noted that a special use permit was not required
for what Mr. Gumpert had requested.
Mr. Gumpert replied that all he wanted to do was to put
copper plumbing in the garage and have the retarded boy live
there and that was why the variance was requested.
Mr. Kalaka then noted that Mr. Gumpert was then appealing for
the variance only.
Mr. Cooke then asked where on the property was the garage
located.
Mr. Gumpert replied that it was on the south side of the
property.
The Chairman then asked if there was anyone else present who
wished to speak for or against.
Mr. Peter Tomasic, an abutting property owner,,then came before
the Board. Mr. Tomasic was stating that he was opposed to granting
the variance as the zoning ordinance permits only one use in an
HB -1 district and Mr. Gumperts' property was already occupied
over the density requirements. Mr. Tomasic further noted that there
had been problems with sewage and that his well had become polluted
from this problem.
Mr. Kalaka then asked Mr. Tomasic how close his property where
the well was located to Mr. Gumpert's property.
Zoning Board of Appeals -3- August 8, 1972
Mr. Tomasic replied approximately 250 feet. Mr. Tomasic then
stated that he would like to know how many people lived in the
trailer park and also he would like to see Mr. Gumpert's septic
system.
The Board then asked if there was anyone else present who wished
to be heard.
Mr. Gumpert then stated that Mr. Tomasic house was no where
near his property and that he was renovating his house and had
a permit only for the porch and garage. He further stated that
he put in a new septic system with 26,000 gallon capacity and this
was approved by the Health Department.
Mr. Cortellino asked Mr. Gumpert how much acreage he had.
Mr. Gumpert replied four and noted that most of the trailers
on his property had only two people living in them. He noted that there
were 22 trailers on the property.
Mr. Cooke then addressed Mr. Tomasic if he planned to live in
the home he was renovating.
Mr. Tawasic replied yes and that he had talked to the building
inspector and was told he did not need a permit for the renovations.
The Chairman then asked if there was anyone else present who wished
to be heard.
There was no one present who wished to be heard.
The Hearing was closed at 8:20 p.m.
Appeal #k 160, at the request of Daniel T. & Kathleen Maloney,
seeking a variance of Article N, Section 422, paragraph 5, of the
Town of Wappinger Zoning Ordinance, to construct an attached two -car
garage seven feet from their side property line, on their property
located on Fowlerhouse Road, Town of Wappinger.
Mr. & Mrs. Maloney were present for the Appeal.
The Chairman read the legal notice.
Mr. Kalaka then asked if this appeal had been referred to
the Dutchess County Department of Planning.
The secretary noted that it had but no reomnendation had been
received.
Mr. Kalaka then asked how long the Maloney's had resided on
the property.
Zoning Board of Appeals -4- August 8, 1972
Mr. Maloney replied that they had resided there for four years,
and they had two cars both 1967 models.
Mr. Kalaka then asked if there were any children.
Mr. Maloney stated that he had two children and their ages
were 3 and 6.
Mr. Kalaka then asked if Mrs. Maloney worked.
Mr. Maloney replied no.
The Board then generally discussed the building plans.
Mr. Kalaka then noted that they were in violation of
approximately 13 feet.
Mr. Maloney then generally explained the details of construction
to the Board.
The Chairman then asked if there was anyone else present who wished
to be heard.
Mr. Bob Florence of Fowlerhouse Road stated that he had no objection
to the variance being granted.
Mr. Bob Mitchell of Fowlerhouse Road also stated that he had
no objection to the variance being granted.
The Chairman 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 8:30 p.m.
Appeal #k 161, at the request of Emelio & Lillian Marquino, seeking
a variance of Article IV, Section 422, paragraph 4, of the Town
Of Wappinger Zoning Ordinance, to construct a four -foot above -ground
swimming pool five feet from their side property line, on their
property located on 15 Tuscarora Drive, Town of Wappinger.
Mr. Marquino was present for the appeals'
The Chairman read the legal notice.
Mr. Kalaka asked Mr. Marquino if he had any children.
Mr. Marquino replied that he had three children and there ages
were 16, 15 and 13 and he had resided on the property for 15 years.
Zoning Board of Appeals -5- August 8, 1972
Mr. Kalaka then asked if Mr. Marquino belonged to any clubs.
Mr. Marquino replied no.
The Board then generally discussed the location of the
proposed pool.
Mr. Kalaka asked if there would be fencing.
Mr. Marquino noted that they planned a 6 foot stockade or
a cyclone fence with plastic inserts some time in the future.
The Chairman then asked if there was anyone else present who wished
to be heard.
There was no one else present who wished to be heard.
The hearing was closed at 8:35 p.m.
Appeal # 162, at the request of Claude Neon of Conn., seeking
variances of Section 423, paragraph b, of the Town of Wappinger
Zoning Ordinance, to erect a free-standing sign 32 feet in area, at a
location 8 feet from Myers Corners Road, being variances of both size
and setback, located on the Grand Union E -Z shop site located on the
southerly side of Myers Corners Road, Town of Wappinger.
Mr. Robert Murphy, a representative of Claude Neon, was present
for the Appeal.
The Chairman read the legal notice.
Mr Kalaka then read the following letter from the Dutchess County
Department of Planning:
To: Zoning Board of Appeals '
Referral: 72-192 Town of Wappinger
RE: EZ Shop variance request
The Dutchess County Department of Planning has reviewed subject referral
within the framework of General Municipal Law. Upon a review and field
inspection the Department finds:
1. The applicant, Claude Neon, is applying for a variance to the
setback and square footage requirements for signs in an LB district.
2. The EB Shop Store is located on a curve on the Myers Corners Road
(Co. 93). The Department feels that automobiles going in a westerly
direction along this road may possibly create a traffic hazard by
making sudden and unexpected turns when they come upon the store.
Automobiles going in an easterly direction have no problem when
approaching the store.
3. In order to alleviate any possible traffic hazard, the Department
Zoning Board of Appeals -6- August 8, 1972
recommends the placing of a directional sign, possibly lettered
EZ Shop with an arrow pointing towards the store. The Department
further recommends that the sign be no larger than 9-16 square feet
in area.
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.
Dated: August 7, 1972
S1 Henry Heissenbuttel, Commissioner
Dutchess County Department of Planning
The Board and Mr. Murphy then generally discussed the
signs and their various sizes.
Mr. Murphy noted that he was asking for a variance of
size and setback of the sign.
The Board asked if there was any sign on the building.
Mr. Murphy replied that there was a sign on the building and
it was 4' by 25' in size.
Mr. Murphy felt that there were obstruction which prevented
the sign on the building be seen in both directions.
The Board then generally discussed the site distance on the
property.
Mr. Murphy noted that they had signs 3' by 8' but the setback
would still be a problem.
The Chairman then asked if anyone else present wished to be heard.
Mr. Bob Hardiman also of Claude Neon of Conn came before the Board.
Mr. Hardiman also stressed the need for a setback variance as he
felt there were obstruction that made for poor site distance for the sign.
The Chairman then asked if there was anyone else present who wished
to be heard.
There was no one else present who wished to be heard.
The hearing was closed at 8:45 p.m.
The Board went into executive session at 8:50 p.m.
The meeting was reopen&d°at 10:05 p.m.
Zoning Board of Appeals -7- August 8, 1972
Regarding Appeals 159 and 160, the Board noted that no action
460 could be taken as they had not received the recommendations of
the Dutchess County Department of Planning and the recommendations
should be received by the next meeting at which time the Board
would take action on the appeals.
Regarding Appeal.# 161, a motion was made by Mr. Cortellino,
seconded by Mr. Cooke, to grant a variance to Emelio & Lillian
Marquino for their pool located on their property on 15
Tuscarora Drive, Town of Wappinger.
Motion Unanimously Granted
Regarding Appeal # 162, the Board took no action as they
scheduled individual site inspections of the property. Action
will be taken at the next meeting.
Regarding Appeal # 155, a motion was made by Mr. Cortellino,
seconded by Mr. Cooke, to grant a variance to Mr. Leskow, subject
to the following:
The land (deemed non -buildable by the Dutchess County Dept. of
Health) inside of Leskow Circle be offerred to the Town for
recreational use or other appropriate use.
400 Motion Unanimously Carried
Regarding the minutes of July 11, 1972, a motion was made
by Mr. Cooke, seconded by Mr. Cortellino, to approve them.
Motion Unanimously Carried
The Board then directed the secretary to send a letter to
the Town Board requesting permission to attend the New York
Planning Federation meeting at Kutchers' Country Club to be
held on October 15, 1972 through October 17, 1972.
A motion was made by Mr. Limardo, seconded by Mr. Cooke, to
adjourn the meeting.
Motion Unanimously Carried
The meeting was adjourned at 10:2"0 p.m.
Respectfully submitted,
Betty- n Geoghegan, Secretary
bg
APPROVED SEPTEMBER 19, 1972