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1972-05-16The reschuled meeting of the Zoning Board of Appeals of the Town of Wappinger was called to order on Tuesday, May 16, 1972 at 8:05 p.m., at the Town Hall, Mill Street, Wappingers Falls, New York. Members Present: Allen B. Cooke Charles Cortellino Carol A. Waddle Members Absent: Gordon A. Hirt - resigned Arthur Kalaka Others Present: Susan J. Pike, Zoning Administrator Betty -Ann Geoghegan, Secretary In the absence of Mr. Kalaka, Mrs. Carol A. Waddle was Acting Chairman. PUBLIC HEARING: Appeal ¢# 150, at the request of Clarence L. and Marie Smith seeking a variance from Section 422.5 of the Town of Wappinger Zoning Ordinance to construct an above -ground swimming pool within (60 three feet of their rear yard lot line, on their property located on Gary Road, Town of Wappinger. The Acting Chairman read the legal notice. The Board asked the secretary if an affadavit of publication had been received. The secretary informed the Board that recently no affadavits have been received from the W.S. & D. News. Mr. Clarence Smith was present for his Appeal. Mr. Smith explained to the Board that his property was a corner lot and the setback regulations from the road had left insufficient back yard to erect even a small pool and still be able to comply with the regulations. Mr. Smith noted that the Zoning Ordinance required that pools be 10 foot away from lot lines and the proposed location of his pool was only three feet from the line. Mrs. Waddle then asked Mr. Smith what existed along the property line. Mr. Smith replied that there was a stockade fence which was six foot high. Zoning Board of Appeals -2- May 16, 1972 Mrs. Waddle then read the following note from an abutting neighbor which was attached to a copy of the legal notice. Mr. Finch and I are in favor of granting this variance. signed: Mrs. William Finch 4 Gary P1. Wappingers Falls Mr. Cooke asked if Mr. Smith's property was a corner lot on Gary Road. Mr. Smith replied yes. The Board then generally discussed Mr. Smith's pool plans. The Acting Chairman asked if there was anyone else present who wished to be heard. There was no one else present who wished to be heard. Mrs. Waddle then noted that the recommendations of the Dutchess County Department of Planning had been received on the MacKay and Mid -Hudson Auto Wreckers, Inc. requests for variances and read at the May 9, 1972 meeting. The Board went into executive session at 8:20 p.m. The meeting was reconvened at 9:20 p.m. Regarding Appeal # 150, a motion was made by Mr. Cooke, seconded by Mr. Cortellino,- to grant a variance on the grounds that an undue hardship would be produced and the hardship created is unique and would not be shared by all properties alike in the vicinity of the property and in the same use district, because said property is a corner lot and has a more restricted rear lot; and the variance would not change the character of the district, because the pool would not be seen because said pool is to be placed behind existing wooden stockade fence. Motion Unanimously Carried Regarding Appeal ## 145, a motion was made by Mr. Cortellino, seconded by Mr. Cooke, to deny the variance on the grounds that not granting the variance would not produce undue hardship for these reasons; the property in question would yield a reasonable return if limited to the use permitted under the Ordinance, because it is fully utilized at this time, and the hardship created is not unique and would be shared by all properties alike in the vicinity of the property and in the same use district, because one of the trailers could be removed, and the granting of the variance would change the character of the district, because the granting of the variance would exceed the unit density for that area. Motion Unanimously Carried Zoning Board of Appeals -3- May 16, 1972 Regarding Appeal ¢# 148, a motion was made by Mr. Cortellino, seconded by Mr. Cooke, to adopt the following resolution: BE IT RESOLVED THAT the Town of Wappinger Zoning Board of Appeals herewith grants approval to Mid -Hudson Auto Wreckers, Inc., to vary from Section 416.062 of the Town of Wappinger Zoning Ordinance in fencing and screening of their junk yard property located easterly of Route 9D and south of Stoneykill Road, and required that the following conditions be complied with in varying from said regulations: 1. Fencing of chain link type, no less that six feet and no more than eight feet in height, be erected as follows: Beginning at a point where the southerly most portion of property of Chain meets property of Mid-Huson, thence west to property line of Central Hudson Gas and Electric Company, thence in a southerly direction along said property line to Route 9D, where a gate shall be constructed across frontage on said Route 9D. (See map on file with Zoning Board records of this Appeal) 2. The area between Route 9D and the existing gate which is approximately 400 feet north of Route 9D is not to be used 4,00 for any purpose other than access to the yard. 3. Plantings are required along the inside of tlefence. Type of plantings and spacing of same to be determined by the Engineer to the Town. 4. No fencing will be required along the easterly side of the property at this time; however, should this area be cleared or improved in the future for any type of development or use, the Appellant shall be required to present a plan for fencing and screening at such time, and apply to this Board for approval of same. Motion Unaimously Carried Mr. Alex Stevens of Stoneykill Road stated that he was displeased with the decision of the Board. Mrs. Waddle then read the following letter for the record: 7 Ervin Road Wappingers Falls, New York 12590 April 26, 1972 460 Mrs. Elaine H. Snowden, Town Clerk Town of Wappinger Town Clerk's Office Mill Street Wappingers Falls, New York 12590 Zoning Board of Appeals -4 May 16, 1972 Dear Mrs. Snowden: I hereby submit my resignation as a member of the Zoning Board of Appeals of the Town of Wappinger. I have been struggling with this decision for a few months now as I find the demands of time of my job call for a few nights out per week as it is. It seems far better for the Board if a member could be appointed who could serve full time rather than to have me miss meetings and handicap the Board and the people of the Town who may appeal. , I have enjoyed the opportunity to serve the Town over the last several years. Yours truly, S/ Gordon A. Hirt Mr. Cortellino made a motion, seconded by Mr. Cooke, to write a letter to Mr. Hirt thanking him for his years of service as a member of the Zoning Board of Appeals. Motion Unanimously Carried A motion was made by Mr. Cortellino, seconded by Mr. Cooke, to adjourn the meeting. Motion Unanimously Carried The meeting was adjourned at 9:25 p.m. Respectfully submitted, Betty n Geoghegan, cret ry APPROVED JUNE 13, 1972