1972-09-19The rescheduled meeting of the Zoning Board of Appeals of the
Town of Wappinger was called to order at 8:OO p.m., on Tuesday,
September 19, 1972, at the Town Hall, Mill Street, Wappingers Falls,
New York.
Members Present.:
Arthur Kalaka
Allen B. Cooke
Angelo Limardo
Members Absent:
Charles Cortellino
Carol A. Waddle
Others Present:
Susan J. Pike, Zoning Administrator
Betty. -Ann Geoghegan, Secretary
PUBLIC HEARINGS:
Appeal # 163, at the request of William F. Witchey, seeking a
variance from strict application of Section 416.062 of the Town of
Wappinger Zoning Ordinance as it applies to his junkyard located on
the westerly side of Old Route 9, Town of Wappinger.
Mr. William Witchey and Mr. -Gilbert Rausbaum, Attorney at Law,
were present for the Appeal.
The Chairman read the legal notice.
Mr. Kalaka then noted the recommendation of the Dutchess
County Department of Planning had been received.
Mr. Kalaka then asked Mr. Witchey how long he had been in business.
Mr. Witchey replied that he has been the sole proprietor of the
business for forty years.
Mr. Kalaka then asked how large the yard was.
Mr. Rausbaum replied that it was approximately 72,000 square
feet.
Mr. Kalaka then asked if Mr. Witchey was also the owner of
Midway Gas.
Mr. Rausbaum replied yes.
Mr. Rausbaum then explained that the front part of the property
was used for the storage of trucks for sale and the junk yard was
behind -this.
Zoning Board of Appeals -2- September 19, 1972
Mr. Ruasbaum then noted that it was the setback requirements
that they were concerned about as the 50 foot setback would greatly
reduce the useable space.
use.
Mr. Kalaka then asked how much of the yard is presently being
Mr. Rausbaum replied that the entire yard is being used.
Mr. Limardo then asked if Mr. Witchey planned to fence the
entire yard.
Mr. Rausbaum noted that this could be done, but there main concern
was the setback requirements for the fence.
Mr. Kalaka then asked how long the fence on the property was up.
Mr. Witchey replied that it had been up for four years.
Mr. Rausbaum noted that there was a wire type fence around
most of the property.
Mr. Limardo asked if there was any planned expansion of the
yard.
Mr. Rausbaum replied no as the present yard is non -conforming
and could not be expanded.
Mr. Kalaka then asked if the trucks were part of the yard
or the service station area.
Mr. Rausbaum replied that they were part of the service station
on Old Route 9.
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 8:11 p.m.
Appeal # 164, at the request of Gerard E. Furlong, seeking a
variance of Article IV, Section 422, paragraph 5 and 6 of the Town
of Wappinger Zoning Ordinance, for an existing swimming pool, to
allow it to remain at its present location, said location being 3'h
feet from the side property line and 4'h feet from the rear property
line, located on their property on 13 Tuscarora Drive, Town of Wappinger.
Mr. Gerard Furlong was present for the Appeal.
The Chairman read the legal notice.
Zoning Board of Appeals
-3- September 19, 1972
Mr. Kalaka asked if the pool was on the property when Mr. Furlong
bought the house.
Mr. Furlong replied yes and noted he had lived on the property
for about a year.
Mr. Kalaka then asked if the pool was two years old.
Mr. Furlong replied that it would be three years old.
Mr. Cooke then asked how large the pool was.
Mr. Furlong replied that it was a 4 foot circular pool, and
that he had two children ages 9 and 14.
Mr. Kalaka then asked if Mr. Furlong belonged to any clubs.
Mr. Kalaka replied no.
Mr. Furlong noted that he could not place the pool anywhere
else as his septic fields were on the side and his patio took
up most of the back property.
The Chairman then asked if anyone else present wished to be
heard.
No one present wished to be heard.
The hearing was closed at 8:17 p.m.
Appeal # 165, at the request of Charles R. Mc Kay, seeking a
variance of Article IV, Section 416.02, paragraph A, to allow
construction of an enclosed porch addition to one of four trailers
located on his property on the easterly side of All Angels Hill Road,
Town of Wappinger.
Mr. Charles Mc Kay was present for the Appeal.
The Chairman read the legal notice.
The Board noted that the recommendation of the Dutchess County
Department of Planning had been received.
Mr. Kalaka asked Mr. Mc Kay how long he has resided 6n the property.
- Mr. Mc Kay replied that he had lived there for 10 years and
owns three trailers.
Mr. Kalaka asked if he was married.
Zoning Board of Appeals -4- September 19, 1972
Mr. Mc Kay replied no and noted that he lived with his
mother in one of the trailers.
Mr. Kalaka then asked if there was anything there other than
the trailer.
Mr. Mc Kay replied that there was an awning.
Mr. John Helmsorig, a neighbor of Mr. Mc Kay's, stated that the
property is well maintained and felt the porch would be a credit to
the property.
Mr. Limardo asked Mr. Helmsorig how far away his property was.
Mr. Helmsorig replied about 300 feet.
Mr. Kalaka then asked how large the porch was going to be.
Mr. Mc Kay replied that it would be 13' by 20' and it would be
all wood.
The Chairman asked if there was anyone else present who wished
to be heard.
460 No one else present wished to be heard.
The hearing was closed at 8:22 p.m.
Appeal ## 166, at the request of Virginia B. Shaw, seeking
variances of Article IV, Section 413, and Section 416.02, paragraph A,
of the Town of Wappinger Zoning Ordinance, to allow her to replace
the existing 8' by 40' mobile home located on her property on the
southerly side of Roberts Road, a provate road, with a mobile home
12' by 70' and at the same time keep the 8' by 40' mobile home on
the prem± ear: as a storage building.
Mrs. Virginia Shaw was present for the Appeal.
The Chairman read the legal notice.
Mr. Kalaka asked Mrs. Shaw what type of storage she planned.
Mrs. Shaw replied that she planned to store lawn furniture,
furniture, lawn mowers and garden tools. She further noted that
there was not adequate space for these things in the trailer.
Mr. Kalaka asked Mrs. Shaw how large the lot was.
Mrs. Shaw replied 3/4 of an acre..
Mr. Cooke asked if the trailer would be placed 74 feet from the
street.
Zoning Board of Appeals -5- September 19, 1972
Mrs. Shaw noted that the measurements were taken from the road
and were approximate. She further noted that she didn't feel the present
460 trailer was large enough to live in.
The Board then generally discussed the location of the proposed
trailer.
Mrs. Shaw noted that the expenses would be too much if she had to
relocate the old trailer.
Mr. Cooke then asked if there would be a problem if only part
of the variance was granted, that the trailer could be replaced bit the
old one would have to be removed.
Mrs. Shaw noted that she would lack storage space if it had to
be removed.
The Chairman then asked if there was anyone else present who
wished to be heard.
Mrs. Robert Hanna noted that she had no objection to replacing
the trailer but felt that there should not be two on the property.
Mr. George Haselkamp noted that he agreed with Mrs. Hanna and
felt also that there should not be two trailers.
No one else present wished to be heard.
The Hearing was closed at 8:30 p.m.
The Board then went into executive session at 8:30 p.m.
The meeting was reopened at 10:25 p.m.
Regarding Appeal # 163, a decision was reserved on this as the
Board scheduled a site inspection for Sunday afternoon, September 24, 1972
at 3:00 p.m., and directed the secretary to ask if either Mr. Witchey
or his attorney could be present at that time.
Regarding Appeal # 164, a motion was made by Mr. Limardo, seconded
by Mr. Cooke, to grant a variance to Mr.. Gerard E. Furlong.
Motion Unanimously Granted
Regarding Appeal # 165, a motion was made Mr. Cooke, seconded by
Mr. Limardo, to grant a variance to Mr. 6harles Mc Kay.
Motion Unanimously Carried
Regarding Appeal # 166, a motion was made by Mr. Limardo, seconded
by Mr. Cooke, to adopt the following resolution:
BE IT RESOLVED THAT the Town of Wappinger Zoning Board of Appeals
hereby grants a variance to Mrs. Virgina B. Shaw to replace existing
Zoning Board of Appeals -6- September 19, 1972
trailer located on Roberts Road with a new trailer 12' by 70' in size,
with the stipulation that the existing trailer must be removed from the
premises no later than 60 days from the date the new trailer is
entered on the premises.
The request for variance to keep the existing trailer is
hereby denied.
Motion Unanimously Carried
Regarding Appeal # 159, a motion was made by Mr. Cooke,
seconded by Mr. Limardo, to deny a variance to Mr. Charles Gumpert.
Motion Unanimously Carried
Regarding Appeal # 160, a motion was made by Mr. Limardo, seconded
by Mr. Cooke, to grant a variance to Mr. & Mrs. Daniel T. Maloney.
Motion Unanimously Carried
Regarding Appeal # 162, a motion was made by Mr. Cooke, seconded
by Mr. Limardo, to deny a variance to Claude Neon of Conn.
Motion Unanimously Carried
Regarding the minutes of August 8, 1972, a motion was made
by Mr. Cooke, seconded by Mr. Limardo, to accept them.
Motion Unanimously Carried
460 The Board rescheduled their next regular meeting for October 3, 1972,
a the Town Board will be meeting on Tuesday October 10, 1972, the
Zoning Board's regular meeting night.
A motion was made by Mr. Cooke, seconded by Mr. Limardo, to
adjourn the meeting.
Motion Unanimously Carried
The meeting was adjournat 10:33 p.m.
Respectfully submitted,
Betty- nn Geoghegan, Secretary
bg
UNAPPROVED