1965-09-21The regular meeting of the Town of wappinger Zoning Board
of Appeals was called to order on September 21, 1965, at 8:00
P.M. at the Town Hall, Mill Street, Wappingers Falls, New York.
Members Present:
David Koffsky Thomas Graham
Robert L'Archevesque Richard Jacobson
Others Present:
Joseph E. Ludewig, Building & Zoning Inspector
Susan J. Pike, Secretary
The minutes of the June 8, 1965 meeting were read. A
motion was made by Richard Jacobson, seconded by Thomas Graham,
that the minutes be approved as corrected.
On June 22, 19650 an executive session was held to get
various matters of Appeal # 33 taken care of.
At the June 8, 1965 meeting, the following motion was
made and passed.
"Motion was made by Robert L'Archevesque, and seconded
by Thomas Graham, to refer defining of Mobile Homes to the
Town Board for revision and/or classification, with respect
to category of Factory Built Homes as Mobile Homes.
Upon vote: Robert L'Archevesque, Richard Jacobson,
Thomas Graham - for. David Koffsky, not voting, but
registered against. Motion Carried"
Upon recommendation of the Town Attorney, this motion
was dropped.
A letter was read which was received from the Fishkill
National Bank. In this letter, the bank varified to the Board
that they had granted a mortgage to the Somers'. This letter
was read at the June 22, 1965 meeting, and it was interpreted
that this prebuilt home was not a mobile home and that a
building permit was to be issued.
All in favor of granting appeal # 33: Graham, Jacobson,
L'Archevesque.
Public Hearing # 1 on Appeal # 34 - 8:20 P.M. - application
of Einar L. Chrystie seeking an 8 -ft. variance of the sideyard
regulations to permit him to construct a residence addition.
The Chair asked if anyone would care to speak in favor of Mr.
Chrystie. Mr. Koffsky read a letter received from Mr. Chrystie.
Mr. Chrystie then came before the Board and said he would like
to construct an addition of 12 ft. by 24 ft. in size. In order
to do this he would be in violation of the Zoning Ordinance by
4 ft., not 8 ft. as stated. Mr. Chrystie explained the plot
plan and discussion was held on it. Mr. Koffsky asked if there
Zoning Board of Appeals -2- September 21, 1965
was anyone else to speak in favor of Mr. Chrystie. He then
y%W asked if there was anyone in opposition. A letter was read
from Mr. Lasar and wife, next-door neighbors, objecting to
the variance of the sideyard regulations for the reasons that
it would result in depreciation of property values, it would
result in a precedent being set in the Edgehill addition of
Wappingers, it is a case of convenience and not hardship.
(R.W. Lasar, 2 Beatty Road) Mr. Koffsky asked if anyone else
wished to speak against Mr. Chrystie's request. There were
no further objections.
Public Hearing # 2 on Appeal # 35 - 8:30 P.M. - application
of Renato Orsi seeking a variance to permit construction of a
residence cn his lot on Chelsea Road with access only by right
of way. Mr. Orsi was present for his appeal. Mr. Orsi came
before the Board. He has the R.O.W. over the land in question.
Central Hudson owns 50 ft. back to the lot lines. Mr. Koffsky
asked if there was a copy of the deed that stated he had this
r.o.w. He said he has perpetual r.o.w. over this land. Mr.
L'Archevesque asked if the Board could see the deed. Mr. Orsi
said that the bank has the deed. Mr. L'Archevesque asked for
a letter from Orsi's Lawyer certifying that this is the case.
Mr. Orsi asked about permission to build. The Chair assured
Orsi that he would be notified. A motion that a variance be
granted to Mr. Orsi conditional and that issuance of building
permit be conditional upon receipt of letter from lawyer,
made by Mr. L'Archevesque, seconded by Mr. Graham. Motion
Carried Unanimously. No one was present against appeal ## 35.
Lawyer for Mr. Bardy came before Board and stated that this
case was similar to that of Bardy. He confirmed that this
was the case, therefore, making the letter unnecessary.
Public Hearing ## 3 on Appeal # 36 - 8:40 P.M. -
application of Gilbert Bardy seeking a variance of the sideyard
regulations to permit him to construct an addition to his
residence on Chelsea Road. Mr. Bardy was present for his
appeal. He brought his deed with him and presented it to the
Board. in the second paragraph it stated "The perpetual right-
of-way across the Central Hudson property 3s designated."
There was a question raised on the size of the lot. There
were no further questions of the Board. it was asked if there
was anyone to speak in favor of Mr. Bardy. Mrs. Aldo Marchini
was in favor of the variance. Mr. Orsi also spoke in favor
of it. There was no one to speak against it.
Public Hearing # 4 on Appeal # 37 - 8:52 P.M. - application
tom,, of Edward J. Thorne, Jr. and Marguerite E. Thorne, Chelsea Road,
Wappingers Falls, for an interpretation of the Zoning Ordinance
of the Town of wappinger in connection with the applicability of
the Subdivision Regulations to the division of their property
into two parcels. Mr. Thorne was present for his appeal. Mr.
Zoning Board of Appeals -3- September 21, 1965
John Supple was present, representing John Palisi. A map,
;%r dated September 10, 1959, was presented by Mr. Supple and
reviewed by the Board. Mr. Koffsky requested that he go
through the facts. On May 23, 1951, the original subdivision
of the property was made. The problem is concerned particularly
with the local institutions. The land was subdivided for resale
in 1951. Parcel B was transferred to Olivieri in December,
1959. The right-of-way was established in 1953 or 1954, stated
by Mr. Thorne who came before the Board.
Mr. Jacobson made a motion to adopt the following resolution:
In reference to Appeal # 37 for an interpretation of the
Zoning Ordinance in connection with the applicability of the
Subdivision Regulations to the division of the property of
Edward Thorne and Marguerite Thorne, Chelsea Road, into two
parcels using drawing # 44904, a map dated the 23rd day of May,
1951, as a result of a survey by Schuerman and Frost, Poughkeepsie,
New York, lot conveyed by Mary Popula to Florence Lynch, now
Florence Lynch Thorne and Edward Thorne referring to the parcel
identified as lot 3, it is the opinion of the Zoning Board of
Appeals that said parcel is a non -conforming use existing prior
to the enactment of both the Land Subdivision Regulations,
Town of Wappinger, approved by the Town Board, June 8, 1961, and
the Zoning Ordinance of the Town of Wappinger, adopted January 29,
1963. Motion was seconded by Mr. L'Archevesque and Unanimously
Passed. Mr. John Supple asked that a copy of the action be
sent to Mr. Palisi's office located at 5 Cliff Street, Beacon,
New York. The Zoning Board of Appeals adjourned to an executive
session at 9:17 P.M.
The meeting was recalled to order at 9:45 P.M.
In reference to appeal # 36: A motion was made by Robert
L'Archevesque, seconded by Thomas Graham, that Mr. Bardy be
granted his 5 ft. sideyard variance. Mr. Jacobson abstained.
In reference to appeal # 34: Mr. Chrystie was asked to
come before the Board. He was asked questions on the location
and distance from the septic field. He stated that the house
was completed in November 3962. He stated that the purpose
of the addition is to give them more room in the master
bedroom and two baths which he felt they need. Mx. Chrystie
was asked about. his deed restrictions and if there was a
sideyard restriction stated in the deed.
Mr. Jacobson moved that the variance be denied because
of the objection and because there is not enough known about
,%W the hardships of putting the structure on another section of
the property. Motion was seconded by Thomas Graham,
Unanimously Carried
Mr. L'Archevesque suggested that if Mr. Ludewig inspect
the site and Mr. Chrystie get the neighbors to agree to the
Zoning Board of Appeals -4- September 21, 1965
variance, the Board would reconsider the appeal.
Meeting adjourned at 10:33 P.M.
sjp
APPROVED, 10/12/65
09
Respectfully submitted,
644 '
Susan J. Pi e, Secretary
Town of Wappinger Zoning Board of Appeals