1989-05-23M
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PUCLIC HEA�IN�S�
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TC. WN HALL
2O NIDDLEBUSh R0/,D
WAPP. F�LLS, NY 125�O
'APPEAL '[1082,
AT THE RE,'�!UEST DF
MARYSEEKZNG A
"WWAPPINGER
SPECIAL
U"E PERNIT
OF
A i'TICLE
IV, SECTION
4 45.1 0F
THE
ZONING' ORDI#ANCE
ARTICLE IV SECTION �22 P4��-
TO
��R#IT
AN ACCESSORV
APARTMENT
(MOTHER/DAUGHTER) DN
PROPERTY
L0CATED
ON
13 STElNHAUS
LANE',
AND 8EIN,�
PA RCEL #OD57-O2-74MSO2, IN THE
T0NN OF
W APPIN�ER.
APPE, �L
410It1~
AT
THE UEST
DF
EEKZ#G A 3PECZAi USE
PE�MIT
[0 0PER�TE
4 AUT0HATIC
CARWASH UNDER
ARTICLE IV SECTION �22 P4��-
GRAPH
7 AT
CORNERS ROAD
& DEGARM0 HILL
ROAD l� THE MB DISTRICT AND
�EIhG
PAPi, E
825O-D2-73O572,
I THE TOWN DF
WAP PIAGER.
in
211
^'SOWN OF WAPPINGER ZONING BOARD
Y 23, 1989
INUTES
ROLL CALL:
MEMBERS PRESENT:
Mr. Brooker
Mr. Lehigh
Mr. Hirkala
OTHERS PRESENT:
Mrs. Roe
Mr. Tompkins
Mr. Herbert Levenson/ Zoning Administrator
Lia Scianna/ Zoning Board Secretary
MINUTES:
TOWN HALL
20 MIDDLEBUSH ROAD
WAPP. FALLS. NY
JAN . 2 3, 90
ZONING BOARD Of APPEALS
PLANNING BOARD ❑
Mr. Tompkins made a motion to accept the minutes of April 25, 1989.
Mr. Lehigh seconded the motion.
Vote: All ayes.
The motion carried.
PUBLIC HEARINGS:
1. APPEAL #1062, AT THE REQUEST OF MARY ROCHA, SEEKING A SPECIAL USE
PERMIT OF ARTICLE IV, SECTION 445.1 OF THE TOWN OF WAPPINGER ZONING
ORDINANCE TO PERMIT AN ACCESSORY APARTMENT (MOTHER/DAUGHTER) ON PROPERTY
LOCATED ON 13 STEINHAUS LANE, AND BEING PARCEL $#6057-02-746502, IN THE
TOWN OF WAPPINGER.
Mrs. Rocha present.
Mr. Brooker: Does the board have any questions?
Mr. Brooker: Is it in the guide lines?
Mr. Levenson: It's exactly within the guide lines. There are no outside
construction, all the construction will be done within the complex of the
building as per the floor plan.
Mr. Hirkala: The living room, kitchen, and the two car garage are above,
and the other part underneath is the bedroom?
Mr. Levenson: Yes.
Mr. Hirkala: How many people are going to live in the apartment?
ts. Rocha: One.
n
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r. Levenson: I ask that the board approve this application, with the
Special Conditions.
Mr. Brooker: whenever the relative moves out of the house, it would then
have to be reverted back.
Mr. Hirkala: You do understand the law, and what your responsibilities
are. You read the law and understand that the kitchen has to be removed.
Your son-in-law lives there.
Mrs. Rocha: Yes.
Mr. Hirkala: In other words, this is not a permanent two-family house,
this is just a accessory apartment for a relative of yours.
Mrs. Rocha: Yes.
Mr. Hirkala: Once this is no longer used by the relative, it can no longer
be there. There is an inspection procedure to insure that there are no
violations.
Mrs. Rocha: Yes, Mr. Levenson discussed it with me.
Mr. Brooker made a motion to close the public hearing.
r. Tompkins seconded the motion.
Vote: All ayes.
The motion carried.
Mr. Hirkala made a motion to declare a negative declaration.
Mrs. Roe seconded the motion.
Vote: All ayes.
The motion carried.
Mr. Tompkins made a motion to grant a Special Use Permit with the following
conditions.
1. Annual inspections.
2. Building and Fire Codes requirements
3. Kitchen facility removed with respect to a one family house.
Mr. Hirkala seconded the motion.
Vote: All ayes.
�Joie motion carried.
n
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'�PEAL #1041, AT THE REQUEST OF ART-TEX PETROLEUM SEEKING A SPECIAL USE
'?'ERMIT TO OPERATE A AUTOMATIC CARWASH UNDER ARTICLE IV SECTION 442
PARAGRAPH 7 AT MYERS CORNERS ROAD AND DEGARMO HILL ROAD IN THE NB DISTRICT
AND BEING PARCEL #6258-02-730572, IN THE TOWN OF WAPPINGER.
Mr. Levenson: Let the records show that this is an a adjourned public
hearing. At the May 8, 1989, Planning Board meeting the board discussed
that they wanted the ZBA conditions to go on the site plan conditions.
Mr. Lieberman present.
Mr. Levenson: Let the records show that Mr. Lieberman presented a copy of
a letter sent to the Town Board requesting permission on getting water
from the central water sewer district, he is waiting for the Town Board
to approve it. The next Town Board meeting will be on June 5, 1989.
Mr. Brooker: I'd like to see what the Town Board has to say on this
matter before we act on this.
Mr. Lieberman: I called Mr. Paggi's office asking them if they have
water usage available, and they said yes.
Mrs. Roe: For that much.
Mr. Lieberman: It's not that much.
r. Hirkala: Have you heard a response from the Town Board?
Mr. Levenson: The meeting isn't until the 5th of June.
Mr. Brooker: Is this the same type of car wash system that is on Route
#9? When you come to the car wash on New Hackensack Road, your car is
supposed to be dry when coming out.
Mr. Lieberman: That was brought up at the Planning Board meeting, this
machine has extra cycles. The Planning Board specified that they did
not want any dripping. The system has extra cycles so it dries the
car.
Mr. Tompkins: On your site plan it states that two tanks are 100%
retaining tanks. It can't be 100% if your using 375 gallons a day.
Mr. Lieberman: That's what it claims to be.
Mr. Tompkins: Then you would be using no water.
Mr. Lieberman: There is a pit inside the bay that goes into a holding tank
outside one tank just like a septic system goes over from one to another.
The Board of Health made recommendations that they want an extra tank, an
excess tank with an alarm system that, if something was going wrong there
)uld be no discharge, and a alarm would go off.
10r. Levenson:
with each car.
9
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Water is loss at the system by evaporation, it carries away
Mr. Lehigh: You are definitely going to operate this in the winter time,
and the under carriage of the car is going to be washed too?
Mr. Brooker: That is going to take all the water off.
Mr. Lieberman: The undercarriage can be controlled. The Planning Board
has made it clear that if they see water on the road, they will shut me
down.
Mr. Lehigh: What is the impact of the traffic flow in the area?
Mr. Lieberman: The reports show that the car wash will wash twelve cars
per hour and show no impact.
Mr. Brooker: Your hours are from 6:00 a.m. to 9:00 p.m., how come such
a long day.
Mr. Lieberman: That's what time I open.
Mr. Levenson: I think the Board should know that there was a meeting with
the DPW and some Planning Board members, the DPW insist that the West
ad egress and ingress on DeGarmo Hill Road be closed.
me
Mr. Brooker: Therefore, the only exit would be Myers Corners Road.
Mr. Levenson: You will have an egress and ingress on Myers Corners
Road, and on the far corner to the West to correct site distance.
Mr. Tompkins: Explain your temporary blockade post.
Mr. Lieberman: This was asked by the Planning board on Minotti site plan
to curb the section. The Planning Board asked if I could put something
temporary there so the cars cannot go thru until Minotti finishes his
site plan.
Mr. Hirkala: I still want to know about the operation.
Mr. Lieberman: You have one bay that runs to the pit outside, the last
pit pumps the water back in, then the soap is injected to the wash cycle
and does the same for the rinse cycle. The final rinse which takes between
one to two gallons of pressured water gets any film off.....
Mr. Hirkala: The car is not moving.
Mr. Lieberman: It sits still, the car goes back and forth on the tracks.
"�- Hirkala: It's a settling system. It is not a filter system.
P5
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'Mr. Lieberman: The filter is putting it back on the car, any dirt and
grit stays in tact.
Mr. Hirkala: How often is the tank cleaned out?
Mr. Lieberman: One to two years.
Mr. Hirkala: Do they get pumped out?
Mr. Lieberman: Yes, you have to call an authorized........
Mr. Hirkala: The settling is pumped out also.
Mr. Lieberman: The water stays in a clean water tank, and the settling
tank gets pumped out.
Mr. Hirkala: The settlement tank gets pumped out, and then you have to
replenish the water. Are there any filtrations in the lines?
Mr. Lieberman: Yes, there are filters.
Mr. Hirkala: How are these filters treated? Are the filters treated or
replaced?
Lieberman:
Mr. Brooker:
They are replaced.
How often are these replaced?
Mr. Lieberman: Once it exceeds to 70 lbs. pressure, the filter is clogged,
and then it can no longer operate.
Mr. Brooker: Does it have a safety factor?
Mr. Lieberman: Yes.
Mr. Hirkala: I guess what I'm trying to established for the record is
what could happen to the system after it is in operation, and also to
insure its going to be maintained properly.
Mr. Levenson: We will have set conditions, it could also be looked at
every 90 days.
Mr. Lieberman: The DEC in Albany purchase this system two years ago,
and they are using it today. The system if not maintained won't make
me any money.
Mr. Lehigh: Do you have a service contract? What happens when they
check the system and it needs to be pumped out.
r Lieberman: Well, they don't pump it out, I'm responsible to get an
thorize person to pump out the system.
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wr. Hirkala: I have a problem with the filtration system. I have seen
it where it is periodically back wash, and if it is backed washed, that
water is going right down the drain.
Mr. Lehigh: What does the service contract state on this now? How
often does this get inspected?
Mr. Lieberman: Every six months.
Mr. Lehigh: Were also looking at the pollution factor, and how much
water your going to take out of the water system. If it isn't
functioning and you get a problem........
Mr. Lieberman: Well that's what the Board of Health recommended, putting
an automatic shout off to the alarm system which would give another 1,000
gallons of water.
Mr. Brooker: You figure around 12 1/2 washes an hour.
Mr. Lieberman: It's computerize. It won't handle more than that. If you
were the thirteenth or fourteenth car it would not give you a computerize
ticket.
Mr. Hirkala: Are you going to commercially wash cars?
r. Lieberman: No.
Mr. Hirkala: Are you going to have any contracts with car dealers to
wash their cars for them.
Mr. Lieberman: No, this is for retail use only.
Mr. Brooker: so it doesn't take no more than 12 1/2 washes an hour.
Mr. Lieberman: Yes.
Mr. Hirkala: According to what is being said, it seems logical that there
is no impact on the water system. My feeling is that it is commercial use,
there is an initial fill, and every time you pump the water out, there is
a fill. where is this water coming from? Is there enough water in the
system? Is it O.K. for the Board of Directors to approve it.
Mr. Tompkins: You mentioned they would receive a discount when they buy
gas.
Mr. Lieberman: Yes.
Mr. Tompkins: I thought the only people going to use this, are the
people buying gas. What kind of discount are they going to get?
-7-
Mr, Lieberman; It/o a menu. If you buy eight gallons of 8aE you
get the basia car wash for $2.00, but if you want the wax` extra soap,
and wheels dune, its an extra fee. It's a money mak-ing deal.
Nr. Grookar! Your saying if we want to go thru your oar wash you wou|`i
have to buy gas?
Mr. Lieberman: No, you can just come in and buy a oar wash.
Mr, Tompkins* Z can recall your statement to this board, that unless
you buy gas you cannot use the car wash.
Mr. Liabermanx The question was, you have to come in and see the cos|/i
that's operating the gas to buy a car wash. You just don't pull in l,n�
for a oar wash. It's a roll over car wash.
Nr. Tompkins: We don't have anything from the Town Board approving thE
water, we should have something. The only other option is to have al|
the water trucked in, until you get set up.
Mr. brookerz The Planning Board has approved it.
Mr. H7rkala: I sea on the map you have e bay addition.
U. LiebErman: We have added so many feet in the back of the bAldioA.
Mr' Hfrkola: You have an angle to the property line that is brought
closer to the property line.
Ni`. Lieberman; We have a curbing on that side. The body addition K nur
to the Property line.
MrHirkala| You might bring the structure closes to the prgparty.
Mr. Lieberman: Is there a side line requirement.''
hr' HirkM: The side yard is 20 feet from the side line.
Mr. Levenson: You have to require a 18 foot variance on thn side of !h,.
property.
N/`. Brooker; Is there anyone in the audience that would like to spaax !n
or againsi the applicant?
Mrs. Mary Scriver: I express my concerns about the safety situat"oo.
County would nut allow no entrances or exits on Myers Corners Roau. L `s
all on De8armu Mill Road which is a real traffic hazard. There K alya/,
9
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lot of traffic anytime during the day on that road. We do not need
anymore cars. What kind of guarantee would we have to say that this
is a neighborhood business, and it is made into a commercial lot.
Mr. Brooker: You cannot restrict him on what he wants to build.
Mrs. Ginny Maynard - Mr. Lieberman stated that he would use 375 gallons
of water a day, which is less than a one family house. I live in a one
family house and I'm sure that I don't use that much water a day.
when the Town was having a hearing on the purchase of the water system,
the engineers stated how bad we need extra water, and the area that is
troubled is the area that we live in. If we have a poor rating system
now, what is going to happen when we begin to wash cars?
Mr. Levenson: That's the reason why Mr. Lieberman made an application
to the Trustees of the water district to take the water out.
Mrs. Avello - DeGarmo Hill Road - The safety factor on the additional
traffic on Myers Corners Road which I observe has several accidents at
the corner of the intersection. I'm curious to know how this traffic
is going to be handled without creating a further problem.
Mr. Brooker: It says here that the maximum car that goes thru is 12 1/2
Der hour. There are probably more people pumping gas then there is
IL fishing cars.
Mrs. Avello: That's not true.
Mr. Scriver - DeGarmo Hill Road - I still have a problem with ice on the
road. I heard many times that this car wash is thoroughly going to dry
the car, but how about if something is not working. When cars come down
on DeGarmo Hill Road, and they have to stop at the stop sign there will
be plenty of accidents near there.
Mr. Brooker: If you listened before the Planning Board had the stipulation
when the Special Use Permit is granted it is going to be put in there if
it is wet it will be shut down.
Mr. Scriver: It's going to be too late.
Mr. Hirkala: The first time he shuts down he is going to loose money, as
well as if he shuts down two or three times. He will just loose more
business.
Mr. Brooker: Until we receive more information on the applicant about the
operation of the car wash we should adjourn the public hearing.
Mr. Lehigh made a motion to adjourn the public hearing.
r. Tompkins seconded the motion.
Vote: All ayes.
1 -9-
kkel-le motion carried.
ADJOURNMENT:
The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
Lia J. Scianna
Planning Board Secretary