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1972-11-14The regular meeting of the Zoning Board of Appeals of the Town of Wappinger was called to order on Tuesday, November 14, 1972 at 8:15 p.m., at the Town Hall, Mill Street, Wappingers Falls, New York. Members Present: Charles Cortellino Angelo Limardo Carol A. Waddle Members Absent: Allen B. Cooke Arthur Kalaka Others Present: Susan J. Pike, Zoning Administrator Betty -Ann Geoghegan, Secretary PUBLIC HEARINGS: Appeal ## 171, at the request of John J. Robinson, seeking a variance of Article IV, Section 422, paragraph 5 of the Town of Wappinger Zoning Ordinance, to construct an attached two -car garage within 10 feet of his sideyard property lines, on property located on 55 Robert Lane, Town of Wappinger. Mrs. Waddle was Acting Chairman in Mr. Kalaka's absence. Mrs. Waddle asked the secretary if affadavits had been received and if all abutting property owners had been notified. The secretary replied that affadavits were not received but all abutting property owners had been notified. Appeal ## 171 was tabled as no one came forward for the hearing. Appeal # 172, at the request of Paul and Lorraine La Russo, seeking a Special Permit under Article IV, Section 413 of the Town of Wappinger Zoning Ordinance, for use of a mobile home as temporary living quarters during the repair and reconstruction of their burned residence located on the northerly side of New Hamburg Road, Town of Wappinger. Appeal # 172 was tabled as no one came forward for the hearing. Appeal # 173, at the request of Joseph J. and Joan E. Hinderer, seeking a variance of Article IV, Section 422, paragraph 4 of the tbo Town of Wappinger Zoning Ordinance, to construct an attached two -car garage within 25 feet of their sideyard property line, on property located on 88 Brothers Road, Town of Wappinger. Mrs. Waddle read the legal notice. Zoning Board of Appeals -2- November 14, 1972 Mr. Hinderer was present for the Appeal: Mrs. Waddle then asked Miss Pike about the setback requirements. Miss Pike noted that the property was a corner lot and a 50 foot setback was required. The Board and Mr. Hinderer then generally discussed the plot plan. Mr. Hinderer noted that he had a garage under his house which he wanted to use for storage of bikes, lawn equipment, etc. He also noted that he would be building the new garage on his driveway going toward Dose Road. Mrs. Waddle then asked what exit there would be from the existing garage if the doors were blocked up. Mr. Hinderer noted that the two garage doors would be blocked up and an exit would be available from a door next to the two existing garage doors. The Board then asked if anyone else present wished to be heard. No one else present wished to be heard. The Hearing was closed at 8:25 p.m. Appeal # 174, at the request of Clifford and 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 25' in -ground swimming pool, within twenty-five feet of proposed future street, on their property located on 60 De Garmo Hills Road, Town of Wappinger. Mrs. Waddle read the legal notice. Mrs. Pearl Rood was present for the Appeal. The Board and Mrs. Rood then discussed the location of the septic fields on the property. Mrs. Rood noted that she had moved the pool back five foot further but could not go beyond that as the Health Department had told her that an in -ground pool must be twenty feet from the septic area. She further noted that regarding the proposed road she had not been able to find any information as to where it begins as there 460 appeared to be no deeds. Zoning Board of Appeals -3- November 14, 1972 Mrs. Rood also noted that the proposed road is used to enter Mr. Wagner's driveway. Miss Pike noted that it appeared to be used as a common driveway. The Board then generally discussed the proposed road. The Board then asked if anyone present wished to be heard. No one else present wished to be heard. The hearing was closed at 8:30 p.m. Appeal ¢# 175, at the request of William A. School, seeking a variance to replace his existing mobile home, located on Vandewater Drive, Town of Wappinger, with a 24' by 48' modular home. Mrs. Waddle read the legal notice . Mr. Scholl was present for the Appeal. Mrs. Waddle then asked if there was something wrong with the existing trailer. Mr. Scholl replied that there was nothing wrong with the trailer, he noted-that4fhe would be putting the modular on a slab until the Spring when he would put it on a fou*datJan. Miss Pike then noted that modular homes come under the definition of mobile homes under the Zoning Ordinance. R: Mr. Limardo then asked if the modular would be on the same location as the trailer. Mr. Scholl replied that it would be in approximately the same location. Mrs. Waddle then asked if the plumbing and heating are in the modular unit, i i Mr. Scholl replied yes and noted that all he had to do was to hook his septic and water supply to the modular unit. Mr. Cortellino then asked where Mr. Scholl got his water. to Mr. Scholl replied that he had his own well. The Board then asked if anyone else present wished to be heard. No one present wished to be heard. Zoning Board of Appeals -4- November 14, 1972 The Hearing was closed at 8:35 p.m. Mr. John J. Robinson then came before the Board for his Appeal which had been tabled. Appeal # 171, at the request of John J. Robinson, seeking a variance of Article IV, Section 422, paragraph 5 of the Town of Wappinger Zoning Ordinance, to construct an attached two -car garage within 10 feet of his sideyard property line, on property located on 55 Robert Lane, Town of Wappinger. Mrs. Waddle read the legal notice. Mrs. Waddle then asked if Albert Birnstill was the builder. Mr. Robinson replied yes. Mrs. Waddle then asked whose property was on the side where the proposed garage would be placed. Mr. Robinson replied that it was Mr. Amodeo's house and that it was about 18 to 20efeet Away. He further noted that he planned to use his existing garage for expansion of living arta. He continued noting that he had three children whose ages were 13,-9 and 6 and there were only three bedrooms in the home. Mr. Limardo then asked how long'he had resided on the property. Mr. Robinson noted that he had lived there for 10 years. The Board then asked if there was anyone else present who wished to be heard. No one present wished to be heard. The hearing was closed at 8:40 p.m. The legal notice of Appeal # 172 was again read by Mrs. Waddle. The appellants Mr. and Mrs. La Russo were not present. The Board then asked if anyone else present wished to be heard. No one present wished to be heard. The hearing was closed at 8:43 p.m. The Board then went into executive session at 8:45 p.m. Zoning Board of Appeals -56 November 14, 1972 The meeting was reconvened at 9:10 p.m. Regarding Appeal ## 171, a motion was made by Mr. Limardo, seconded by Mr. Cortellino, to grant a variance to John J. Robinson, on the basis that the granting of the variance would not change the character of the district. Motion Unanimously Carried Regarding Appeal ## 172, action was tabled by the Board. Regarding Appeal ¢# 173, a motion was made by Mr. Limardo, seconded by Mr. Cortellino, to grant a variance to Joseph and Joan Hinderer, on the basis that the granting of the variance would not change the character of the district. Motion Unanimously Carried Regarding Appeal ¢# 174, a motion was made by Mr. Cortellino, seconded by Mr. Limardo, to grant a variance to Clifford and Pearl Roodyl, Jr., on the basis that by not granting the full use of permitted uses would not be available and the character of the district would not change as the residential character would be maintained as the pool is on the back of the property. Motion Unanimously Carried Regarding Appeal ¢# 175, a motion was made by Mr. Cortellino, seconded by Mr. Limardo, to grant a variance to William School on the basis that the variance would not change the character of the district because mobile type homes exist in the area presently, such as double trailers. Motion Unanimously Carried Regarding Appeal #k 170, at the request of Miss Susan J. Pike, Zoning Administrator, action was tabled as the Zoning Board of Appeals wished to seek legal council. A motion was made by Mr. Cortellino, seconded Mr. Limardo, to approve the minutes of October 3, 1972, January 11, 1972, November 9, 1971 and December 14, 1971. A motion was then made by Mr. Limardo, seconded by Mr. Cortellino, to adjourn the meeting. Motion Unanimously Carried The meeting was adjourned at 9:10 p.m. Respectfully submitted, bg Betty- Geoghegan, Secr ry APPROVED DECEMBER 12, 1972