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Zoning Board of Appeals Minutes Held Tuesday, N~y 5, 1981, Mesier Homestead, Wappingers
<br />Falls, New York
<br />
<br />Those present:
<br />
<br />Frank Savelli, Chairman; George Casey; ~terling Vsnhegenen; Robert Smith;
<br />Joel Neuman; James J. Lyons, village Attorr~y; John W. Eaubennestel,
<br />Zoning Officer; Nancy Lowney, Recording Secretary
<br />
<br />Others present: Eileen ~asters~n, 60 Mesier Avenue South, Village
<br />
<br />Chairman S~velli called the meeting to order 7:30 p.m.
<br />He requested a motion to dispense with the reading of the minutes a~d to approve same
<br />as written and forwarded to all members by mail.
<br />Motion by ~r. Smith, seconded by Mr. Neuman to dispense with the reading of the minutes
<br />and to approve same as written and forwarded to all m~mbers by mail.
<br />Ail in favor; motion c~rried. Niuutes approved as written.
<br />
<br />Atty. Lyons stated there is no official business on the agenda, but the resolutions for
<br />3 public hearings held last month should be adopted. However, before this is done, Atty.
<br />Lyons stated that he wanted to speak to the Board about executive sessions. As every-
<br />one knows, Mr. Cassel, was very unhappy about the Board goi~ into executive session.
<br />He presented to the Board photo ~copies of a decision reached by the courts in January,
<br />1978. The case took place in Newburgh, and the courts stated executive sessions were
<br />permissible and they were approved. Therefore, there is no question of any irregulari-
<br />ties.
<br />Mr. Smith stated that when the Board goes into executive session it is to deliberate,
<br />discuss and then m~.ke a decision.
<br />Atty. Lyons stated that the 3 resolutions should be adopted separately.
<br />
<br />Motion by Mr. VanWagenen, seconded by Mr. Casey that the resolution, as drawn up by
<br />V~ll~ge Attorney, granting a variance to Joseph Nocera, 3 Downey Avenue, to erect a
<br />2 car garage on his premises be adopted.
<br />Roll call vote: Mr. Casey, aye; Mr. Neuman, aye; Mr. VanWagenen, aye; Mr. Smith, aye;
<br />Chairman Savelli, aye.
<br />Ail in favor; motion carried. Resolution granting a variance to Mr. Nocera adopted.
<br />
<br />Motion by Mr. Smith, seconded by Mr. VanWagenen that the resolution, as drawn up by
<br />Vills~e Attorney, denying a variance to Mahmoud Abdelqader, to operate a 14mi%ed auto
<br />repair business, along with the selling of gasoline be adopted.
<br />Roll c~ll vote: Mr. C~.sey, aye; Mr. Neuman, aye; Mr. VanWagenen, aye; Mr. Smith, aye;
<br />Chairman Savelli, aye.
<br />~1 in favor; motion carried. Resolution denying the v~riance to Mr. Abdelqader adopted.
<br />
<br />Motion by Mr. VanWagenen, seconded by Mr. C~sey that the resolution, as drawn up by
<br />Village Attorney, granting a variance to Ms,tin Dubinski, 53 South Avenue, be adopted.
<br />Roll call vote: Mr. Cmsey, ~ye; Mr. Neuman, aye; Mr. VanWagenen, aye; Mr. Smith, aye;
<br />Chairman Savelli, aye.
<br />Ail in favor; motion carried. Resolution granting Mr. Dubinski ~ variance adopted.
<br />
<br />Atty. Lyons pointed out that the secretary had relayed to him that P~t DiD~mizio had
<br />been into the office seeking information concernim~ the public hearing about the Getty
<br />Station. He stated the papers could be given to him but only copies not the original.
<br />Zoning Officer H~ubennestel told Mr. DiDomizio he would not give him say documents.
<br />He felt that they, should be charged for copies.
<br />Atty. Lyons stated the Board of Trustees never adopted a resolution to charge for copies,
<br />and therefore, it should not be done. However, 15~ a copy seems like a reasonable charge.
<br />Discussion ended.
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