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1988-02-09ZONING BOARD OF APPEALS FEBRUARY 9THI9&$WOR SHOPPAGENDA SPECIAL MEET NG TOWN HALL MIDDLEBUSH ROAD WAPP. FALLS, N.Y. HEARING: F__ seel:i na a Special PUBLIC at the reauest of Fetes Toma ic, ��,✓/7 Appeal #1C 19, F'b of the Town of Wappinoer Zoning use Permit of Article IV, S4 2, was in existence by Ordinance to permit a automotive repair cosiness t c and being Parcel l the prior owner on property located on 1r aUA °u-�' _w r C Ove' #6157-02-`'49955, in the ?own of Wappi Haar • l seeking a variance of Article IV, S NEW BUSINESS: -- 10 feet 1. Appeal #102U, John W. Thomas, applicant has only 421 where ^0 feet is required and the app garage is attached to the requiring a 10 foot.variance because the a house by way of bree-eway on property located on 28 Caroline Drive. `a variance of Article IV, 5477.2 2. Appeal ##1024, Glenn LaDue, seeking rade where the requirement is not to e.:ceet5 hedrivewayeatr thr18%Way 0 - on property the applicant has a small section of located on Smithtown Road. rd Appeal 01025, Francis C Brown, .to request a 7.2 foot sideya is required on variance to erect an attached e-where-20.feet Lgaraa property located on ,18 Daisy Lane. Appeal 10 b, the request of e4ario Leone, seeking an interpre- a t i naer Zoning the 'Town of WapP 4. Article IV, S404.21 & 404.22 of tati on of Ordinance. `-. Patricia 50�::01 , to allow a variance of 25 feet McFar- 5. Appeal #1+:C7, John required on property located on where the 5C) ;oot driveways are lane Road. to allow a 4 foot si devard variance ,2 c. Appeal #i . S, G S < A�soci ates, on property located on Route 82. where 25 feet is required �^ . Appeal #1' �.5 , Corporeal Devel opment Corp. , to ai 1 ow a rD ertY located on is required on p P sideyard variance where 25 feet All Ancel s Frill Road. � - ZONING BOARD OF APPEALS FEBRUARY 9TH, 1988 - 7:00 P.M.(SPECIAL) � MINUTES THESE MINUTES HAVE NOT BEEN SUBMITTED TO, REVIEWED OR APPROVED BY THE: @OZONUNGNOARD OF APPEALS 0PLkNNUNG BOARD TOWN HALL MIDDLEBUSH ROAD WAPP. FALLS' N.Y. The Special meeting of the Zoning Board of Appeals was held on Tuesday, February 9th, 1988, at the Town Hall, Middlebush Road, Wappinger Falls, New York, beginning at 7:00 P.M.. ROLL CALL: MEMBERS PRESENT: Mr. James Brooker, Chairman Mr. Mike Hirkala Mr. Jim Tompkins Mrs. Alberta Roe Mr. Al Lehigh OTHERS PRESENT: Ms. Linda Berberich, Secretary Mr. Herbert Levenson, Zoning Administrator The meeting was called to order at 7:00 P.M.. Mr. Brooker explained how the meeting would be conducted. � Mr. Brooker stated, I would like to take this opportunity to welcome to ] ! the Board a new Member, Al Lehigh, of course, unless I missed last time, Mr. Tompkins is also a new member of the Board this year, welcome to the Board gentlemen. PUBLIC HEARING: 1. Appeal #1019, at the request of peter_�������, seeking a Special use Permit of Article IV, S422, P6 of the Town of Wappinger Zoning Ordinance to permit a automotive repair business as was in existence by the prior owner on property located on 15 Old Route 9, and being Parcel #6157-02-549955, in the Town of Wappinger. Peter & Louise Tomasic were present. Mr. Brooker asked the Secretary to verify the public notice. Ms. Berberich stated that all the cards had been returned. Mr. Levenson stated, ladies and gentlemen of the Board, this drawing and this building, upon my inspection both externally and internally is exactly the same as the previous owner. I think you all know where this is. The building was issued a C.O. some time ago and you know there was a failing business in here and we hope that Peter is going to be a tremendous success if he gets his Special Use Permit. Mr. Tomasic has told, as you have before you, I believe the resolution from the Planning Board. Mr. Brooker stated, yes, I have aresolution from the Planning Board - which I would like to read at this time, a Memo to the Zoning Board from the Planning Board dated February 9th, 1988. (Resolution on � File). -2 - Mr. Levenson stated, with regard to item 4, Mr. Tomasic has notified me this afternoon that there are 2 - 275 gallon tanks that he will connect up to satisfy the 550 gallon requirement. The reason why the Planning Board asked for 550 gallons was because if he was going to use one 275 gallon tank he couldn't get a regular pick-up because they don't want to pick-up that small amount, so, Mr. Tomasic has agreed to all the requirements put on by the Planning Board and I would request that the Zoning Board, in its decision and order, allow the Zoning Administrator privilege of doing an inspection annually. The Zoning Board of Appeals know that at this time next year the computer will be up, and the first of the month the inspections will come up and they will be done prop- erly. Mr. Hirkala stated, I have problem with the 2 - 275 gallon tanks buried, piped, that would mean that whoever is pumping them out would have to actually pump out 2 tanks because there is no way to pipe it together so that you would have.. Mr. Tomasic stated, there will be 2 tanks in the ground. Mr. Hirkala stated, then he would have to pump out 2 tanks is the ~-- problem I have, and is the long term, not now, not 6 months from now, 3 - or 4 years from now pumping one out and leaving the other, that is what -- I am concerned about. Mr. Tomasic stated, if I commit myself to the big expense ..... I would not do that. Mr. HIrkala asked, why do you want to go to 2 - 275 gallon tanks instead of one 550? Mr. Tomasic answered, I have the tanks in the house already. Mrs. Tomasic stated, they are already purchased. Mr. Hirkala asked, are they stand -ups or lay downs? Mr. Tomasic answered, stand-up. Mr. Levenson stated, you can stipulate in your Special Use Permit that both tanks are to be pumped simultaneously subject to my annual inspection. Mr. Hirkala stated, if it is just me I don't have a choice, but I still prefer the 550. Mr. Brooker stated, I have no problem with the 2 - 275's providing the ` stipulation that they are pumped. Mr. Tompkins stated, you could have a contract on pick-up that they both be emptied at the same time. Mr. Hirkala stated, I hear you, but the fact is that in reality things don't work. Mr. Tompkins stated, make it part of the resolution to have the inspector, whether it is the Fire Inspector or the Zoning Inspector check. Mr. Brooker asked Mr. Levenson, it has to be inspected annually by your office anyway? Mr. Levenson stated, it has to be inspected by the Fire Inspector also. Mr. Lehigh stated, I have a question on the tanks themselves, are they the proper tank to be buried, you just don't bury any tank. You have to have it treated with stuff so it doesn't rust out. Mr. Hirkala stated, there is another important thing in that question because it was brought up at the Planning Board meeting last night, they wanted a 550 because the walls are thicker than on a 275. Mr. Tomasic stated, I will bury a 550, no problem. Mr. Lehigh stated, if you are going to do a 550 make sure that it is a -- proper tank to be buried there. You have to pressure test it to make use there are no leaks in it and it has to be treated so that it won't rust out. Mr. Tomasic stated, the tank will be brand new which is the factory tested already. I am going to get them from N & S from Fishkill and I believe that they will not sell it, the tanks are tested before they put them on the market. Mr. Lehigh stated, there is a difference between above ground tanks and buried tanks. Mr. Tomasic stated, it will be specifically for underground. Mr. Levenson stated, if you are going to buy it from N & S or anybody ask them to give you certification as to the testing. Mr. Brooker stated, I have no problem with the 2 - 275 gallon tanks providing they meet the code. Mr. Lehigh stated, if he has to buy a special tank he might as well get the single 550 and have it over and done with since he seems to be willing to do it then you don't have any problems. Mr. Brooker asked if there was anyone to speak for or against this appeal? There was no one. ^ , ^ �m� -4- Mr. Lehigh asked, are you going to sell any cars at this place? Mr. Tomasic answered, no. Mr. Lehigh asked, just an auto repair shop? Mr. Tomasic answered, just a repair business, tires, mufflers, shocks, brakes, tune-ups and lube oil filters. I will not go into engines, wash the cars, nothing else. Mr. Lehigh asked, how about a lift for the cars. Mr. Tomasic answered, the lift will be above the ground lifts. Nothing in the concrete. Mr. Brooker asked if there was anyone else on the Board who wished to speak. Mr. HIrkala stated, that site plan that is the Schwing America Site Plan, I would, not firm and locked in, but I would like to see sometime in the near future, understanding your circumstances that site plan be brought up to date. There are some things on that site plan that Schwing never got about to. Making the front of the building look bet- ter, the parking area, the ingress and egress, there are supposed to be some plantings and stuff like that. Mr. Levenson stated, we discussed that and he said once he gets rolling he is going to do some modifications. Mr. Tomasic stated, also, I understand that it was told by you people to put the partition around what was the electric meter. I would like to put, if you would permit me, put the wire mesh fence around. Mr. Hirkala asked, inside the building. Mr. Tomasic answered, inside the building. Mr. Hirkala asked, I think there is a requirement isn't there for com- mercial property where you have to have separation between electrical? Mr. Levenson stated, I will have to speak to the Building Inspector. Mr. Hirkala stated, that would be his purview, it has nothing to do with us. One thing, who is going to clean up the back end of that thing? Mr. Tomasic answered, the owners, it is stipulated in the lease. Mr. Hirkala asked, it is stipulated in your lease that he is going to clean that up? -5 - Mrs. Tomasic answered, to clean all debris. Mr. Hirkala asked, is there anyway that we can force him to clean that up? Mr. Levenson answered, they can file a lease with me and I pursue it according to the lease. Mr. Hirkala stated, I will request in the Special Use Permit that the lease be filed as a part of the Special Use Permit. What about SUP renewal, are we going to institute that? Mr. Levenson stated, it is going to be an annual inspection, if you want to issue a 2 year that is fine with me. Mr. Brooker stated, I think it should be done annually, the renewal and the inspection both. Mr. Levenson stated, fine, we can do it on the inspection date. Mr. Hirkala stated, an automatic thing, the anniversary day will be a renewal and inspection. , Mr. Levenson stated, there will be an inspection and I will renew it, if there are any problem then they have to come back to the Board. If there are no problems then I can re -issue it. Mr. Hirkala stated, renewal will be automatic. Mr. Levenson stated, that also entails the Fire Inspector also. Before he gets his C.O. we are going to go in there and check everything out. He is going to put his lifts in and air compressor in, there are some things that have to be done that will fall into the Fire Inspector's purview. Mr. Lehigh stated, I make the motion that we grant the Special Use Permit with the stipulations as brought forth. Including the annual inspection and renewal, a copy of the lease and the conditions of the Planning Board. Mrs. Roe seconded the motion. Vote: All ayes The motion was carried. Mr. Tompkins made a motion to close the public hearing. Mr. Lehigh seconded the motion. Vote: All ayes COM The motion was carried. Mr. Hirkala made a motion to adjourn the meeting. Mr. Tompkins seconded the motion. Vote: All ayes The motion was carried. The meeting was adjourned at 7:20 P.M.. Respectfully submitted, Linda Berberich, Secretary Zoning Board of Appeals UR