1963-05-211,3
The regular meeting of the Town of Wappinger Zonin@� Board of
Appeals was called to order on Tuesday, May 21, 1963, at the
Tom Hall, Mill Street, Wappingers Falls, N.Y., at 8:00 p.m.
The members present were:
Kermit Becker Thomas Graham
Robert L'Archevesque Wilmer Ifill.
Members absent worst
John Zwynenburg
Others presents
Joseph Ludfwig - Zoning and Building Inspector
Madeline Evans - Secretary to Zoning Board of Appeals
The minutes of the previous meeting were read and approved.
A hearing was held on Appeal f5, dated May 6, 1963, Frederick
Klumpp, Little Fails Trailer Park. His land is zoned R-20
and he would like to have a special use permit. Would like to
install a trailer. Several neighbors were present to give
support - none objected. Some footings were in before zoning
went into offset. The footings were completed after frost was
out of the ground.
A neighbor, John Hauck, owns a house nearby but would like to
see permission given.
Mr. John Ecklund, Osborne Hill Road, stated that he is not against
trailers but read from the zoning ordinance what he filt the
feelings of the Board were.
William Scholl, V'andewater Drive, lives neat to the Klumpp land,
has no quarrel with him coming there.
Herman Osten stated that we would be denying Mr. Klumpp the use
of his land if we did not permit his trailer.
Appeal #6, Patrick Ferrante and Joseph Almena, Fleetwood Manor.
Would like a definition as to which has more authority, the
Zoning Ordinance or the Town of Wappinger'Ordinance for Administering
and Enforcing the State Building Oonstruction Oods (May 12, 1960).
Mr. Almena handed in a petition (4 pages) of names to enforce
Section 406.020 of the Zoning Ordinance.
Executive session followed.
Public meeting --
Appeal #4. Mr. Ifill made a motion that this business is a legal,
non-conforaing use and a letter whould be sent stating this.
Motion seconded by Mr. L'Arobovesque. 00pies will be sent to
Mr. Dillon, Albany Bureau of Licenses, Mr. Ludewig, Planning Board
and Town Board.
Minutes of Town of Wappinger Zoning Board of Appeals - May 210 1963
Appeal #5.a Motion made by Mr. Graham and seconded by Mr. L'iroh-
evesque that Mr. Klumpp be granted his appeal on the basis of
testimony given by two neighbors as follows: Mr. dames O'Mara,
Qandewater Drive and William Scholl, Yandewater Drive, testified
that they actually saw W.Klumpp start putting in the footings
prior to February 24, 1963. Motion passed unanimously.
Appeal #69 Motion made by Mr. Ifill and seconded by Mr. Graham
that Section 416.020 shall take precedence because of the
following:
This ordinance shall not be deemed to affect in any manner
whatsoever$ any easements, covenants or other agreements
between parties, provided, however, that where this Ordinance
imposes a greater restriction upon the use of buildings or
land, the provisions of this Ordinance shall prevail. (Taken from
). Zoning Ordinance, Article 49 Paragraph 3.j
Also in support of this motion is N.Y.State Law for Towns,
Section 2699 "whenever the provisions of another statute or
local ordinance or regulation Impose other higher standards
than are required by the regulations made under authority of
this article, the provisions of such statute or local
ordinance or regulation shall prevail."
Ante was taken as follows; In favor - Mr. Ifill, Mr. Graham and
Mr. L'Archevesque; Opposed - Mr. Booker. Motion passed.
Meeting adjourned at 10;00 p.m.
Respectfully submitted
Madeline S. Lvans, Secretary
Approved dune 18, 1963
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