1972-10-03The regular meeting of the Zoning Board of Appeals of the
Town of Wappinger was called to order on Tuesday, October 3, 1972
at 8:05 p.m., at the Town Hall, Mill Street, Wappingers Falls,
New York.
Members Present:
Arthur Kalaka
Charles Cor.tellino
Angelo Limardo
Carol A. Waddle
Members Absent
Allen B. Cooke
Others Present:
Susan J. Pike, Zoning Administrator
Betty -Ann Geoghegan, Secretary
The Chairman asked the secretary if affadavits of publication
had been received and if abutting property owners had been notified.
The Secretary noted that abutting property owners had been
notified but affadavits of publication had not been received.
PUBLIC HEARINGS:
Appeal ¢# 167, at the request of Robert G. & Susan F. Mitchell,
seeking a variance of Article IV, Section 422, paragraph 5 of the
Town of Wappinger Zoning Ordinance, to erect a dining room and
living room extension within sixteen feet of their sideyard property
line on their property located on Fowlerhouse Road, Town of Wappinger.
The Chairman read the legal notice.
Mr. Mitche]lwas present for the appeal.
Mr. Kalaka then asked how long Mr. Mitchell had resided on
Fowlerhouse Road.
Mr. Mitchell replied that he had resided there approximately
one year.
Mr. Kalaka then asked if Mr. Mitchell had any children.
Mr. Mitchell replied that he had two children, and noted that
he had also applied for a building permit for a dormer and noted
that it was a Cape Cod style house with two bedrooms, a bath, a
livingroom and kitchen and dinette. He continued stating that
it would be a full dormer with two bedrooms and a bath, and noted
that he needed the variance for the extension of the living and
dining rooms.
Mr. Kalaka then asked what the dimension of the addition
would be.
Zoning Board of Appeals -2- October 3, 1972
Mr. Mitchell replied that the extension would be about 8 feet
40 and noted that setback was okay for the living room but the
dining room extension was in violation of about four feet.
Mr. Mitchell further noted that he was in the insurance business
and did a lot of entertaining in his home and needed the additional room.
The Board then asked if anyone else present wished to be heard.
Mr. Daniel Maloney, an abutting property owner, noted that he had
no objection to the variance being granted.
Mr. Kalaka then read the following:
Mr. Kalaka:
This is to give our written consent to the Mitchells' request
for a variance named above since we cannot be present at the
10/3/72 hearing.
Thank you for this courtesy.
S/ Janet M. Hirkalas
N. Fowlerhouse Road
Wappingers, New York 10/2/72
The above was written on a copy of the Mitchell legal notice.
No one else present wished to be heard.
The Hearing was closed at 8:15 p.m.
Appeal ## 168, at the request of Clifford & Pearl Rood, Jr.,
seeking a variance of Article IV, Section 422, paragraph 4 of the
Town of Wappinger Zoning Ordinance, to erect a 22' by 35' in -ground
swimming pool, within twenty feet of proposed future street, on
their property located on 60 De Garmo Hills Road, Town of Wappinger.
The Chairman read the legal notice.
Mrs. Pearl Rood and Mr. Edward Ne James of Ne James Pools were
present for the Appeal.
The Board then generally discussed the plot plan.
Mrs. Waddle then noted that there appeared to be only 100
foot frontage but on the plan frontage was stated as 120 feet.
Mr. Ne James then explained that there was a radius which
equals out to 120 feet.
Zoning Board of Appeals -3- October 3, 1972
Mr. Kalaka then asked where the septic fields were located.
Mrs. Rood replied that they were on the left side of the
property.
The Board then discussed the possibility of locating the
pool on another piece of the property.
Mr. Ne James noted that the proposed location was aesthetically
pleasing as the line of the pool would run evenly with the house line.
Mrs. Waddle then asked if there was fencing planned.
Mr. Ne James noted that stockade fencing was planned.
Mr. Kalaka then asked if the building permit was denied as
on the forms which the Board received it appeared that the permit had
been issued.
Miss Pike replied that the building permit had been denied.
Mr. Kalaka then asked Mrs. Rood if she could come before the Board
and show them exactly where the leach fileds are located.
Mrs. Rood then came before the Board and indicated the location
of the fields.
The Board then 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 8:25 p.m.
Appeal # 169, at the request of Klassen Builders, Inc., seeking
a variance of Article IV,'Section 422, paragraph 5, of the Town of
Wappinger Zoning.Ordinance, for an existing dwelling which was
constructed on Lot 38 of Edgehill Manor, Section 3, in violation
of sideyard setback regulations by eleven feet, on property located
on 17 Pye Lane, Town of Wappinger.
The Chairman read the legal notice.
Mr. Otto Klassen and Mr. Kenneth C. Russ were present for
the Appeal.
Mr. Kalaka asked if the house was occupied.
Mr. Klassen noted that when the house was sold the bank wanted
Zoning Board of Appeals -4-
October 3, 1972
ko a survey. Mr. Klassen then noted that the stakes had either been
removed or lost and the difference in the lot line wasn't discovered
until after the survey had been made.
Mr. Kalaka asked if they had been in violation when the
house was started.
Mr. Klassen stated they apparently were in violation but it
wasn't realized until after the survey was made.
The Board then discussed the lot dimensions .
Miss Pike noted that the area was zoned R-40 but was developed
at R-20 as there was central water and sewer available.
The Chairman then asked if anyone else present wished to be
heard.
No one present wished to be heard.
The Hearing was closed at 8:30 p.m.
Appeal ¢# 170; at the request of Susan J. Pike, Zoning Administrator,
seeking an interpretation of Article IV, Section 421, paragraph 18,
and Article II, Section 220, Definition "Camp".
Miss Pike was present for the Appeal.
Mr. Kalaka asked Miss Pike if there was a particular group
that was asking for the interpretation.
Miss Pike then noted that she had been asked about the definition
of camp and whether or not campgrounds for trailers or tents would
be permitted and noted that the Zoning Ordinance didn't really
clearly state this.
Mr. Kalaka then asked if there was any particular piece of
property in the Town -for which this interpretation was being sought.
Miss Pike replied that there wasn't any particular area, she
further noted that there were people who were retirement age and
have existing swimming facilities who were interested in the
definition of camp.
to There were no further questions and the Hearing was closed at
8:33 p.m.
The Board went into executive session at 8:35 p.m.
The meeting was reopened at 9:45 p.m.
Zoning Board of Appeals -5- October 3, 1972
Regarding Appeal ## 167, a mott on was made by Mrs. Waddle,
seconded by Mr. Cortellino, to grAA variance to Robert G. Mitchell.
Motion Unanimously Carried
Regarding Appeal ## 168, a motion was made by Mr. Cortellino,
seconded by Mrs. Waddle, to deny a variance to Clifford and Pearl Rood,
on the basis that the pool can be relocated and still have its use.
Motion Unanimously Carried
Regarding Appeal ## 169, a motion was made by Mr. Limardo,
seconded by Mrs. Waddle, to grant a variance to Klassen Builders Corp.,
on the basis that strict application would produce extreme hardship
if the house now constructed and occupied had to be removed.
Motion. Unanimously Carried
Regarding Appeal ## 170, the Zoning Board of Appeals reserved
decision on the request of Miss Susan J. Pike, Zoning Administrator,
for an interpretation.
Regarding Appeal ## 163, it was noted that the Zoning Board of
Appeals met on the Witchey property and made a site inspection on
Sunday, September 24, 1972 at 3:00 p.m.; a motion was then made by
Mrs. Waddle, seconded by Mr. Limardo, to grant a variance on the
basis that the existing fencing is found suitable in areas where
fencing existed and the portion of the yard on the southerly side
of Curry Road must be screened with poplar tree type screening.
Motion Unanimously Carried
A motion was made by Mr. Cortellino, seconded by Mr. Limardo, to
adjourn the meeting.
Motion Unanimously Carried
The meeting was adjourned at 9:50 p.m.
APPROVED NOVEMBER 14, 1972
IM
Respectfully submitted,
Bett n Geoghegan, Se retary