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1972-02-08The regular meeting of the Zoning Board of Appeals of the Town of Wappinger was called to order on Tuesdays February 8, 1972 at the Assessors!' Office, Town Hall, Mill Street, Wappingers Falls, New York. Members Presents Allen B. Cooke Charles Cortellino Carol A. Waddle Members Absents Gordon A. Hirt Arthur Kalaka Others Presents Betty -Ann Geoghegan, Secretary Mrs. Waddle was Acting Chairman in Mr. Kalaka's absence. Appeal # 1369 at the request of Mr. Martin Leskow, seeking variances of front setback and lot depth requirements for the LB district as set forth under Section 424 of the Town of Wappinger Zoning Ordinance and variances of front setback, rear setback, lot depth, and lot area requirements for the B-20 district as set forth under Section 422 of the Town of Wappinger Zoning Ordinance, such variances being requested to enable him to apply for subdivision approval for proposed nine -lots on his property located on the easterly side of Route 821 Town of Wappinger. Mr. Leskow was present for the Appeal. The Board and Mr. Leskow then generally discussed the site Plans which were submitted. Mr. Leskow noted that the homes existing on the property were built in the 1950's when there wasn't any zoning or subdivision approvals. Mrs. Waddle then asked Mr. Leskow what he planned to do with the area that was zoned LB. Mr. Leskow replied that he didn't know and noted that it would have to go before the Planning Board. He further noted that the area has been used by the residents as ball fields for football and baseball. Mrs. Waddle then read the following letter from the Dutehess County Department of Planning: To: Board of Appeals Referrals 72-13 Town of Wappinger Res Leskow Subdivision - multiple variance requests The Dutehess County Department of Planning has reviewed subject referral within the framework of General Municipal Lav (Article 12B, Sections 239-1 and 239-m) and finds the decision in this matter primarily involves matters of local concern, Zoning Board. of Appeals -2- February 8, 1972 The Dutchess County Department of Planning recommends the decision be based upon local study of the facts in the case. In the course of its review the Department did, however, find that the proposed aocessways to the Leskow Subdivision constitute a traffic hazard along Route 82. Notes to this effect appear on the attached map which also presents an alternate solution which also eliminates all but one of the setback variances (lot 7 - rear yard). This alterna- tive would lessen the line of sight problem entering and leaving Route 829 provide a quality townroad with fewer maintenance costs and provide a quality development for the residents. The Dutbhess County Department of Planning does not presume to base its decision on the legalities or illegalities of the facts or procedures enumerated in subject zoning action. Dated: February 7, 1972 S/ Henry Heissenbuttel, Commissioner Dutchess County Dept. of Planning Mr. Leskow then noted that the roadway had been there for twenty years and there were no problems. He further noted that it would cost a great amount of money to change the roadway. Mrs. Waddle then asked if it would be a Town road. Mr. Leskow noted that he had discussed this with Mr. Horton and noted that he would be required to follow the 1965 specifications which would mean putting gravel down. The Board then asked if anyone else present wished to be heard. No one present wished to be heard. The hearing was closed at 8:15 p,m. The Board then went into executive session. The meeting was reconvened at 8:55 p.m. Regarding Appeal # 1369 a motion was made by Mr. Cooke, seconded by Mr. Cortellino, to adopt the following resolutions The variance is granted subject to the appellant foXowing the recommendations of the Dutohess County Department of Planning which consists of changing the existing roadway pursuant to the Dutchess County Department of Planning letter dated February 79 1972 and the attached map, which will alleviate the traffic hazard along Route 82, lessen the line of sight problems entering and leaving Route 82, and alleviate variance requests for the other lots with the exception of Lot # 7• The variance for Lot # 7 is hereby granted. Motion Unanimously Carried Zoning Board of Appeals -3- February 8, 1972 Regarding Appeal # 135, at the request of 7-Bleven Stores, Inc., a motion was made by Mr. Cortell1no, seconded by Mr. Cooke, to deny i the variance on the basis that the property in question would yield a reasonable return if limited to the use permitted under the Ordinance, because parking facilities are available in the rear of the structure and on either side of the structure. Motion Unanimously Carried A motion was then made by Mr. Cooke, seconded by Mr. Cortellino, to adjourn the meeting. Motion Unanimously Carried The meeting was adjourned at 900 p.m. Respectfully submitted, ~— Batt Geoghegan, S rete y bg UNAPPROVED