1967-10-10The regular meeting of the Town of Wappinger Zoning Board of
Appeals was called to order on Tuesday, October 10, 1967, at 8s03 p.m.,
at the Town Hall, Mill Street, Wappingers Falls, New York.
Members Presents
Thomas I. Graham, Sr. Gordon A. Hirt
Richard E. Jacobson
Members Absents
H. Frederick Koehler James Mills, Jr.
Others Presents
Joseph E. Ludewig, Building Inspector & Zoning Administrator
Susan J. Pike, Secretary
The Secretary read the minutes of the regular meeting of
September 12, 1967.
A motion was made by Mr. Hirt, seconded by Mr. Jacobson, to
approve the minutes of September 12, 1967, as read.
Motion Unanimously Carried
Public Hearing - Appeal # 61, at the request of Stephen Teed, Jr.,
for a 5 -ft. variance of the sideyard regulations to permit the
construction of enclosing an existing patio at his residence on lot
#3, South Fowlerhouse Road, in the Town of Wappinger.
Mr. Teed was present for his appeal, and he discussed his plans
with the Board. He noted that there is an existing patio on the site
which has been there since before zoning went into effect.
No one else was present to speak for or against the appeal.
The Chair declared the hearing closed at 8:15 p.m.
Public Hearing - Appeal # 62, at the request of Donald & Barbara
Stevens for a 14 -ft. variance of the front yard setback regulations
to permit the construction of an addition to their residence located
on Marlorville Road, in the Town of Wappinger.
Mr. & Mrs. Stevens were both present for their appeal, and they
discussed their proposed plans with the Board.
It was noted that in February, 1966, a zoning change took place
in this area changing the district on the southerly side of
Marlorville Road from an R-20 classification to R-40, which is a more
%w restrictive district. The residences within this area were conforming
before this change took place, however, were made non -conforming when
it went into effect. The Stevens residence is situated in the above-
mentioned area, and was affected by said zoning change.
Mr. & Mrs. Jack Herring, residents of Marlorville Road, were
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Zoning Board of Appeals
-2- October 10, 1967
present and spoke in favor of the Stevens appeal.
No one else was present to speak for or against the appeal.
The Chair declared the hearing closed at 8x20 p.m.
Public Hearing - Appeal #p 63, at the request of Mrs. Agnes Herring
for a 24 -ft. variance of the front yard setback regulations to permit
the construction of a one -car garage on her property located on
Marlorville Road, in the Town of Wappinger.
Mrs. Herring was present for her appeal and discussed the
proposed plans with the Board.
Mr. Ludewig pointed out that the Herring property is also situated
in the area which was affected by the 1966 rezoning. He also noted
that there exists on the property a concrete slab, which was poured
for the garage floor before the building permit was applied for. Said
concrete slab is in violation of the Zoning Ordinance.
It was noted that there is no residence on this parcel. Mrs.
Herring rioted that their residence is on the opposite side of the road.
the
She further noted that it is not possible to place the garage on
same parcel with their residence. There exists on the parcel in
question barns which are being used for the shelter of animals.
Mr. & Mrs. Donald Stevens spoke in favor of Mrs. Herring's
No one else was present to speak for or against the appeal.
The Chair declared the hearing closed at 800 p.m.
appeal.
Public Hearing - Appeal # 64, at the request of the Phillips
Petroleum Company, seeking an interpretation of the definition of
"Gasoline Filling Station" as it appears in Article II, Section 200,
to determine if a commercial truck & trailer rental business would
be permitted as an accessory use under said definition.
Mr. Joseph M. Coleman was present in behalf of the Phillips
Petroleum Company, and came before the Board. He stated that the
Phillips Company feels that this type of service is closely related
to the services rendered by a gasoline filling station. He spoke of
limiting the number of vehicles to be stored on the site.
Mr. Ludewig stated that it is his determination that this is not
a permitted accessory use of a gasoline filling station. He went on
to say that in reading the definition of a gasoline filling station,
as it appears in the Zoning Ordinance, he interprets that the
definition does not include such an operation.
Mr. Ken Platt, a representative of the U -Haul Company, was present
and spoke in favor of the appeal. He noted that they would like to
establish a rental business on the Phillips Gasoline Filling Station
Site, located on the northeast corner of the intersection of Route 376
and Maloney Road.
No one else was present to speak for or against the appeal.
The Chair declared the hearing closed at 8:37 p.m.
The Board went into an executive session at 8:38 p.m., and the
meeting was reconvened at 908 p.m.
En
Zoning Board of Appeals
-3- October 10, 1967
In reference to Appeal # 61,
Mr. Hirt moved that the 5 -ft. variance requested by Mr. Stephen
Teed, Jr., be granted, permitting him to construct an enclosure on
his patio, which was in existence prior to the adoption of zoning.
Mr. Jacobson seconded the motion. Motion Unanimously Carried
in reference to Appeal # 62,
Mr. Jacobson moved that the 14 -ft. variance requested by Donald
& Barbara Stevens be granted, permitting the construction of an
addition to their residence, due to the location of the existing
structure and the fact that the addition will conform to the general
character of the area. Mr. Hirt seconded the motion.
Motion Unanimously Carried
In reference to Appeal #p 63,
Mr. Hirt moved that the 24 --ft. variance requested by Mrs. Agnes
Herring be granted, permitting the construction of a one -car garage,
since the proposed structure will not change the character of the area.
Mr. Jacobson seconded the motion. Motion Unanimously Carried
In reference to Appeal # 64,
Mr. Jacobson moved that it is the interpretation of the Zoning
Board of Appeals that the operation of a truck and trailer rental
business is not included as a part of the permitted accessory uses of
a gasoline filling station as defined in the Town of Wappinger Zoning
Ordinance Mr i
• H rt seconded the motion.
Motion Unanimously Carried
The Board received a letter, dated October 6, 1967, from Mr.
William J. O'Hare, Attorney, inquiring about the Notice of Appeal which
he had sent to the Board under date of August 30, 1967'
The Secretary reported that she had spoken with Mr. Quinn, Attorney
to the Town, and he had advised her that he has been in contact with
Mr. O'Hare. The Board directed Mr. Graham to contact Mr. Quinn and
check on the status of this matter.
The Board received a memo from the Town Board in reference to
submission of vouchers for payment. Said memo was placed on file.
A motion was made by Mr. Hirt, seconded by Mr. Jacobson, to adjourn
the meeting. Motion Unanimously Carried
The meeting was adjourned at 10110 p.m.
APPROVED, NOVEMBER 14, 1967
Respectfully submitted,
Susan J. Pike, ecretary
Zoning Board of Appeals