ZONING BOARD OF APPEALS MEETING: AUGUST 21, Chairman Wohlberg, Messrs Burke, Carpaneto, Cannistra Guyot, Santaroni and Ms.

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1 (914) Telephone FAX (914) ZONING DEPARTMENT TOWN HOUSE ANNEX 337 ROUTE 202 SOMERS, NY Clifford A. Wohlberg, Chairperson Thomas J. Burke, Esq. Ronald A. Carpaneto Victor J. Cannistra, CPA Linda R. Burpee, Esq. Arnold F. Guyot Umberto Santaroni ZONING BOARD OF APPEALS MEETING: AUGUST 21, 2012 Present: Also Present: Chairman Wohlberg, Messrs Burke, Carpaneto, Cannistra Guyot, Santaroni and Ms. Burpee Efrem Citarella, Building Inspector, Teresa Commisso, ZBA Secretary and Interested Citizens. The monthly Zoning Board of Appeals meeting commenced at 7:35 p.m. and Chairman Wohlberg invited Bailey Atkinson to lead the Board in reciting the Pledge of Allegiance. The Chairman announced the application of Janet Baldasare. JANET BALDASARE BZ08A/ New. An application for an interpretation of the Somers Town Code to perform permanent cosmetics and medical micropigmentation services within an existing medical office situated in the Business Historic Preservation District at 332 Route 100. The property is shown on the Town Tax Map as Section: 17.15, Block: 2, Lot: 1. RE: Sec. Sched

2 Ms. Janet Baldasare approached the podium and explained that her application was for an interpretation of the Somers Town Code in an effort to establish her business practice, Westchester Permanent Cosmetics, within an existing physician s office located at 332 Route 100. She indicated that her practice will be primarily focused on performing paramedical, corrected and cosmetic procedures. She told the Board that individuals who can benefit from her services are those who encounter thinning eyebrows, more specifically, she referred to patients who are undergoing chemotherapy treatments and require eyebrow replacement. She also noted that women who have had mastectomies and breast reconstruction that need to have an illusion of an areola and nipple would also benefit from her practice. Ms. Baldasare explained that there are certain individuals that have poor eyesight or experience shaking which can make it difficult when applying makeup. She also noted that some women have allergies to conventional cosmetics. She advised the Board that individuals that experience hair or pigment loss due to injuries, surgery or alopecia can also benefit from such procedures. She stated that permanent cosmetics, also known to be micropigmentation, is an innovative artistic technique and the pigments used are natural and derived from vegetable or mineral extracts, which are also hypoallergenic and designed for applications to the face and skin. Ms. Baldasare advised the Board that she received her training from a Board Certified Trainer at the American Academy of Micropigmentation. She also indicated that she is a registered Dental Hygenist and has worked for a Periodontal Therapist office for thirty (30) years. 2

3 She told the Board that she is a breast cancer survivor, and has counseled other women and was the coordinator at Phelps Memorial Hospital Center for the Reach To Recovery Program (which is part of the American Cancer Society). She feels that establishing this practice will provide her the opportunity to serve the community s needs, as there are no similar practices currently available in the Town of Somers or in any of the adjoining Towns. Chairman Wohlberg referred to the Section of the Town Code in connection with her application and asked the applicant to describe what her limitations of services would be. Ms. Baldasare told the Board that she would not provide any decorative services, and that her main focus would be primarily for micropigmentation services. She stressed that her services would be limited to permanent cosmetics and paramedical micropigmentation. Mr. Guyot asked Ms. Baldasare if she was going to be the only one performing such services, and she responded yes. Mr. Cannistra asked Ms. Baldasare about required licensing or certification. Ms. Baldasare told the Board that she received her certification from SofTap, a company that created the tools utilized in performing these services. She explained that becoming certified is based on completing a required number of hours of training. Mr. Carpaneto asked if anyone regulates her on the services that she provides. Ms. Baldasare explained that there are organizations as well as OSHA. She noted that everything she uses is completely disposable. Ms. Baldasare indicated that her services would include eyebrows, eyeliner and perhaps lips. She would also provide services to those who experience alopecia. 3

4 Mr. Burke asked the applicant if she is presently performing these procedures in any other location. She explained that she is not presently performing these services, but that the proposed location is where she intends to provide such services. Mr. Carpaneto asked Ms. Baldasare about the need for insurance policies and if they are available for her proposed services. Ms. Baldasare explained that she will be obtaining an insurance policy from a company that deals with permanent cosmetics for liability purposes. Chairman Wohlberg asked Ms. Baldasare if she would assist the Board by defining the scope of her work and what her services would be limited to. Ms. Baldasare clarified that her practice and services would be limited to restoring eyebrows, eyeliner, and defining of lips. She would also at some point get into the paramedical aspect of her services, which would focus on the breast, as well as any type of scarring camouflage. She provided the Board with a SofTap pamphlet containing information related to the proposed services. Mr. Burke asked Ms. Baldasare if she is currently getting additional credits or taking other courses. Ms. Baldasare advised the Board that the training is ongoing and that she is presently considering a school in New Jersey, The Beau Institute, for extended training. 4

5 After further discussion by the Board and the opportunity for public comment, Chairman Wohlberg entertained a motion with regard to the applicant s request for an interpretation of the Somers Town Code. A motion was made by Mr. Burke and seconded by Mr. Santaroni that the applicant s proposed business is not a tattoo parlor, and therefor would be a permitted use within the Business Historical Preservation District. Mr. Santaroni seconded the motion. A vote was then taken by the Board as follows POLL OF THE BOARD Mr. Carpaneto Mr. Cannistra Ms. Burpee Mr. Burke Mr. Guyot Mr. Santaroni Chairman Wohlberg Thereafter, a motion was made by Mr. Burke and seconded by Mr. Santaroni that the applicant s description of her proposed business is deemed as a personal service and said business will be limited to the cosmetic application of micropigmentation and paramedical uses of micropigmentation, and a permitted use in the Business Historical Preservation District. A vote was then taken by the Board as follows 5

6 POLL OF THE BOARD Mr. Burke Ms. Burpee Mr. Cannistra Mr. Carpaneto Mr. Guyot Mr. Santaroni Chairman Wohlberg The application was deemed as personal services, and is therefore a permitted use in the Business Historical Preservation District. The Building Inspector requested a memorandum. The applicant thanked the Board for their time and considerations. LORA ATKINSON BZ08B/ New. An application for a Special Use Permit to park a recreational vehicle in the rear yard at an existing single family dwelling in an R-80 Residential Zoning District at 11 Elmer Galloway Road, Katonah. The property is shown on the Town Tax Map as Section: 38.05, Block: 2, Lot: 16. RE: Sec. Sched Mr. Daryl Atkinson approached the podium and explained that they recently purchased a recreational vehicle and placed it on the side of their yard. Mr. Atkinson believes that someone may have complained about the trailer, which has led him to meet with the Building Inspector who suggested that he apply to the Zoning Board of Appeals for a Special Permit. Mr. Atkinson explained that he received letters from some of his neighbors stating that they have no issue with the trailer that is parked on his property. He also clarified that the vehicle is a recreational vehicle, not a mobile home trailer and is only used for recreational trips. 6

7 Mr. Atkinson presented photos of the trailer that were taken from the roadway and indicated that the trailer dimensions are 33 long by 8 wide and approximately 11 tall. Upon reviewing the photos, Mr. Carpaneto noted that there appears to be heavy vegetation growing between his property and his neighbor s property. Mr. Atkinson agreed. Mr. Guyot asked Mr. Atkinson if he had created a parking area for the trailer off of Elmer Galloway Road. Mr. Atkinson explained that until he spoke with the Building Inspector, he was not sure of where he was going to place the trailer. Chairman Wohlberg asked the applicant how long the trailer remains parked in between uses. Mr. Atkinson said that the winter season would more likely be the longest period of time that it would not be used, and indicated that it would be covered from November through February. He advised the Board that they would be using the vehicle every other weekend during the remaining months of the year. After further discussion, the Board decided to schedule a site walk of the property for Saturday, September 8 th between 9:00 a.m. and 12:00 p.m. The application was adjourned. SUSANNE CALVELLO BZ08C/ New. An application for a rear yard Area Variance for an addition to an existing single family dwelling in an R-40 Residential Zoning 7

8 District at 121 Mitchell Road. The property is shown on the Town Tax Map as Section: 6.15, Bloock: 1, Lot 18. RE: Sec. Sched Mr. Michael Piccirillo, Architect for applicant, approached the podium and explained to the Board that a conservatory greenhouse had been built onto the rear of the existing house and he displayed photos for the Board to view. He indicated that the greenhouse had encountered extreme rotting and that the applicant is now proposing to replace the greenhouse with a wood frame structure that would serve the same purpose, occupying the existing footprint of the greenhouse. The proposed wood frame structure would tie into the existing home, having similar windows and siding and will appear as if it was always there. He noted that the space was always used as a small sitting area and will continue to be used in the same manner. Mr. Cannistra confirmed that the applicant is seeking a rear yard area variance of 1.8. After further discussion by the Board, and the opportunity for public comment, Chairman Wohlberg asked for a motion with respect to the type application. Mr. Burke made a motion that the application is a Type II action. Mr. Carpaneto seconded the motion. A vote was then taken by the Board as follows 8

9 POLL OF THE BOARD Mr. Carpaneto Mr. Cannistra Ms. Burpee Mr. Burke Mr. Guyot Mr. Santaroni Chairman Wohlberg Chairman Wohlberg entertained a motion with respect to the application. A motion was made by Mr. Carpaneto and seconded by Mr. Santaroni to approve the application of Susanne Calvello in accordance with the plans submitted. A vote was then taken by the Board as follows POLL OF THE BOARD Mr. Burke Ms. Burpee Mr. Cannistra Mr. Carpaneto Mr. Guyot Mr. Santaroni Chairman Wohlberg The application was granted. The Building Inspector requested a memorandum. 9

10 OTHER BUSINESS: The Chairman indicated that there were no new applications pending for the September meeting, however, the application of Lora Atkinson is scheduled to carry over to September. He also discussed a letter which the Board received from Dr. Richard Klein with respect to his pending application for a Special Exception Use Permit. In reviewing his letter, the Chairman noted that Dr. Klein will be removing the rooster from his property and that he would be left with ten (10) hens. After further discussion by the Board, the Chairman asked that application be re-noticed accordingly as the applicant is scheduled to come before the Board at their October meeting. The Board then decided not to hold a meeting in September, and to carry over the application of Lora Atkinson to the October monthly meeting. The Zoning Board Secretary was asked to contact the Atkinsons in an effort to reschedule their site visit during the month of October. The approval of the July 17, 2012 meeting minutes were approved by Board consensus. The next monthly meeting of the Zoning Board of Appeals shall be held on October 16, 2012 at the Somers Town House. There being no further business, the meeting was adjourned at 8:25 p.m. Respectfully Submitted, Teresa Commisso ZBA Secretary APPROVED: Zoning Board of Appeals Meeting of: October 16,

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