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1972-07-11The regular meeting of the Zoning Board of Appeals of the Town of Wappinger was called to order on Tuesday, July 11, 1972, at 8:10 p.m., at the Town Hall, Mill Street, Wappingers Falls, New York. Members Present: Arthur Kalaka Allen B. Cooke Charles Cortellino Members Absent: Carol A. Waddle Others Present: William P. Horton, Highway Superintendent Betty -Ann Geoghegan, Secretary Mr. Kalaka asked the secretary if she had received affadavits of publication from the newspapers and if the abutting property owners had been notified. The secretary replied that she had not received affadavits but all abutting property owners were notified. PUBLIC HEARINGS: Appeal # 155, 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 R-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 82, Town of Wappinger. The Chairman read the legal notice. Mr. Anthony T. Rowan was present in behalf of the appellant. Mr. Kalaka noted that Mr. Leskow had appealed twice before and asked Mr. Rowan what was different about his latest appeal. Mr. Rowan noted that Mr. Leskow had obtained a Highway Permit from the State for the existing roadway and had received additional correspondence from the Health Department, he further noted that 161 Mr. Leskow had removed several trees which greatly improved the site distance and in view of this a new appeal was submitted. Mr. Kaleka then noted that a Highway Work Permit #872-0278 Zoning Board of Appeals -2 July 11, 1972 and dated April 21, 1972 was received by Mr. Leskow from the New York State Department of Transportation. Mr. Rowan then noted that the Health Department had stipulated that the parcel inside the two roadways must be labled as non -buildable. The Board then generally discussed the letter from the Health Department and the Highway Permit from the State. Mr. Rowan then noted that the removal of seven trees along Route 82 had greatly improved the site distance. The Board and Mr. Rowan then generally discussed the site plan. The Chairman then asked if there was anyone else present who wished to be heard. Mr. William P. Horton, Highway Superintendent, noted that he was interested in what the State had to say about Leskow Circle. The Board then presented the letter from the Health Department and the State Department of Transportation Highway Permit for his review. Mr. Cortellino then asked Mr. Horton, what highway specifications Mr. Leskow came under. Mr. Horton noted that he came under the 1966 specs. Mr. Rowan and Mr. Horton then discussed with the Board the costs which were involved if Mr. Leskow followed the recommendations of the Dutchess County Planning Board in their referral. Mr. Horton then noted that he was in favor of the existing road rather that the proposed turn -around road recommended by the county as the existing road allows greater access for snow plowing vehicles and emergency vehicles. The Board then asked if anyone else present wished to be heard. No one else present wished to be heard. The hearing was closed at 8:25 p.m. Appeal ## 157, at the request of Mr. Otho White, seeking a variance of Article IV, Section 416.02 (A) of the Town of Wappinger Zoning Ordinance, to replace a legally non -conforming trailer with a new 4 trailer of larger dimensions on his property located on Vandewater Drive, Town of Wappinger. The Chairman read the legal notice. Mr. Otho White was present for his Appeal. Zoning Board of Appeals -3- July 11, 1972 Mr. White replied that the trailer was approximately 10 years old. Mr. Kalaka then asked if the present trailer had a foundation. Mr. White replied apparently not but that he planned to put in a foundation with the new trailer. Mr. Kalaka then noted that the existing trailer was la by 45' and the proposed was 12' by 60'. He then asked if the trailer proposed would be a new one. Mr. White replied that it would be either a 1972 or 1973. The Board then asked if there were any other trailers in the area. Mr. White noted that there were several trailers on Vandewater Drive. Mr. Cortellino then asked who was occupying the present trailer. Mr. White replied Mr. & Mrs. Rosell were occupying and it was their lot he was in contract to buy. The Board then asked if there was anyone else present to be heard. There was no one else present who wished to be heard. The hearing was closed at 8:35 p.m. Appeal # 158, at the request of Mr. Charles E. Coombs, seeking a variance of Section 422, paragraph 6 of the Town of Wappinger Zoning Ordinance, to construct an above -ground swimming pool within six feet of his rear yard lot line, on his property located on 21 Cindy Lane, Town of Wappinger. The Chairman read the legal notice. Mr. Coombs was present for the appeal, The Board and Mr. Coombs then generally discussed his plot plan and proposed pool. IL Mr. Coombs noted that his septic fields and trees on the property made the location shown for the pool the most desirable. Mr. Kalaka asked how close was the nearest building. Mr. Coombs replied 15 feet. Zoning Board of Appeals -4- July 11, 1972 The Board then discussed possibly placing the pool elsewhere on the property. Mr. Coombs noted that moving the location he would have to cut down trees which he would rather not do as they provided shade for the yard. Mr. Kalaka then asked Mr. Coombs how many children he had. Mr. Coombs replied that he had three and their ages were 11, 9 and 2. The Board then asked if there was anyone else present who wished to be heard. No one else wished to be heard. The hearing was closed at 8:40 p.m. The Board then went into executive session at 8:43 p.m. The meeting was reopened at 9:10 p.m. Regarding Appeal # 155, the Board directed the secretary to Co send a letter to Mr. Leskow requesting that he submit plans showing revisions (trees which were removed, etc.) and correspondence from the Dutchess County Department of Health and the New York State Department of Transportation to Miss Pike the Zoning Administrator so that she could refer Mr. Leskow's appeal to the County Planning Board. Regarding Appeal # 157,=>a>Dtion was made by Mr. Cortellino, seconded by Mr. Cooke, to grant a variance on the basis that the trailer would improve the appearance of the area and the variance would not change the character of the district as there are mobile homes in the area, in addition to the one presently on the property. Motion Unanimously Carried Regarding Appeal # 158, a motion was made by Mr. Cooke, seconded by Mr. Cortellino, to grant a variance on the basis that the property in question would not yield a reasonable return if limited to to the use permitted under the Ordinance because the plot is h acre and place- ment of septic fields and treeb make it impossible to locate it any other place on the property. i Regarding Appeal # 156, the following unanimous interpretation was given: Zoning Board of Appeals -5- July 11, 1972 It is the unanimous opinion of the Zoning Board of Appeals that a "Beauty Parlor" is a business or establishment where a woman or possibly a man may receive a hairdo, manicure, and other beauty treatment regardless of whether this occupation is conducted on a single or multiple client basis, the services and skills performed by definition shall not be deemed "home occupation" and, therefore, subject to guidelines set forth in Section 220 of the Town of Wappinger Zoning Ordinance. Regarding the minutes of June 13, 1972, a motion was made by Mr. Cortellino, seconded by Mr. Cooke, to accept them. 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 9:15 p.m. Respectfully submitted, Betty nn Geoghegan, Secre ary by APPROVED AUGUST 8, 1972