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1989-07-25� |�WN �F WAP PIMGER JULY 26, 1AEQ AGENDA -7:10 P.M. ZONING BOARD T��N H�LL 20 NIDDLEBUSH LOAD WAPP. FALiS. NY APPEAL #1O83 4T THE REQUE3T CF SEEKING A VARIANCE wF ARTICLE IV SECTION 412 OF THE TOWN OF ER ZONING ORDINANCE To ALL0W A CONSTRUCTED ADDITION ON A ROAD NOT HAVING FIFTY (DO) FOOT FRON7ACL ON PROPERTY LOCATED OFF OF WHEELER HILL ROAD, AND BEING PARCEL 413-06057-04-635392. APPEAL 4 106 AT THE REQUEST OF SEEKING � VARIANCL OF ARTICLE IV, SECTION 421 OF THE TOWN OF Wi P SER ZONING ORDINANCE WHERE 20 FOOT SIDES ARE REQUIRED AND THE APPLICANT IS AT 2J MACINTOSH LAN[ AND BEING PARCEL #6258-04-63/010. APP LAL 01O88 AT THE REWUEST OF SEEKING A SPECIAL USE PERMIT UNDER ART! TIDN � 2 1 PAR�----H 4 OF THE TOWN O[ WAPPINGER ZD#ZWG ORDINANCE TO ERECT A NEW PLACE OF WORSHIP l# THE R-40 RESIDENTIAL DISTRICT, AND BEING PARCEL 19 -626E -02- C45570, -MAPPEAL # 1065 AT THE REQUEST OF, SEEKING A VARIAUC� VhAT IS REQUIRED 12.2 F[ET IN THE NORTHEATT CORNER AND AN 8.3 FOOT ON THE SOUTHEAST CORNER ON PREMISES LOCATED AT OEG4RMD HILLS ROAD AND M/ER5 CORNERS ROAD AND BEING PARCEL #19-6268-04-730572. _ 1041, AT THE REQUEST OF 115EEKING A 3PECZAL USL PERMIT TO OPERATE A AUTOMATIC CARWA[H -UNDFR ARTZC—E IV SECTION 422 PARA- 6CAPH 7 AT NYERS CDNERS ROAD AND DE8AQND HILL ROAD IN THE NG DISTPICT AND BEING PARCEL 46258-02-730672. TO'4N OF WAPPINGER ZONING BOARD JULY 25, 1989 -MINUTES 2OLL CALL: n TOWN HALL 20 MIDDLEBUSH ROAD WAPP. FALLS. NY MEMBERS PRESENT: 1FPM@WH Mr. Brooker Mrs. Roe Mr. Tompkins JAN 2 3. 90 Mr. Hirkala OTHERS PRESENT: ZONING BOARD Of APPEALS PLANNING BOARD ❑ Mr. Herbert Levenson/ Zoning Administrator Lia Scianna/ Zoning Board Secretary ADJOURNED PUBLIC HEARING APPEAL #1041, AT THE REQUEST OF ART-TEX PETROLEUM SEEKING A SPECIAL USE PERMIT TO OPERATE A AUTOMATIC CAR WASH UNDER ARTICLE IV SECTION 422 PARA- GRAPH 7 AT MYERS CORNERS ROAD AND DEGARMO HILL ROAD IN THE NB DISTRICT AND BEING PARCEL #6258-02-730672, IN THE TOWN OF WAPPINGER. Mr. Brooker: We are going to act on the Adjourned Public Hearing first, there is'a letter I would like to read that is address to the Zoning Board of Appeals. Dear Board Members: Have received notice regarding variance request by Art -Tex Petroleum for parcel of land 19-6258-02-730572. We believe said property is too small for proposed car wash even without these variances requested. At present trucks are stored on the premises. Is this legal? What about this if car wash is approved? Truck storage creates a nuisance and an undesirable appearance. We request complete live green screening at North side of property and no truck or car storage. We request variances be denied for above stated reasons as well as safety factors. Mary & Arthur Scriver - DeGarmo Hill Road Mr. Lieberman present: Mr. Brooker: We have this back from the Planning Board. It was adjourned last time because we did not have a quorum. Mr. Tompkins: Do you store trucks on the property? Mr. Lieberman: There is a dump truck on the property. Mr. Tompkins: Are there cars on the property? Mr. Lieberman: Yes, for repairs. -2- n Mr. Tompkins: When you put the car wash in, you are no longer going to ,, to repairs? There should be no vehicles except the person that is working via,rthere . Mr. Hirkala: With the transition from what you presently have to a car wash, it will no longer be a repair station. Mr. Lieberman: That's right. Mr. Hirkala: It's strictly going to be retail gas and car wash. Mr. Lieberman: Yes, and a snack shop. Mr. Levenson: There is no record of a snack shop. Mr. Brooker: That is something new that came up. Mr. Lieberman: I've been selling candy and soda since 1972. Mr. Brooker: You are not selling candy and soda there right now, your selling.... I haven't seen any candy or soda. Mr. Lieberman: There is a soda machine. Mr. Brooker: Are you going to sell it in the future. Mr. Hirkala: What that brings up is the possibility of people pulling kb�n for a paper or coffee without buying gas. The plan doesn't show where cars can pull up and park. Mr. Lieberman: We have 10 parking spaces. Mr. Brooker: He does have ten parking spaces. Mr. Hirkala: It is reasonable to assume that somebody is going to park all the way on the other side and then walk up. They are going to park right in front of the building. Mr. Lieberman: You can't park in front of the building, because there are gas pumps there. I can't get to my own gas pumps because of DeGarmo Hill Plaza. Everybody is parked there and you can't get to the gas. Mr. Hirkala: So what you are saying is we should consider this in the Special Use Permit. Mr. Lieberman: If that is required. Mr. Hirkala: I'm talking about a long term affect here. We are not talk- ing about DeGarmo Hill Plaza, were talking about your property. Mrs. Roe: I'll agree that most gas stations do have machines that you can buy these things on, but the term snack shop is what stops me, because it could cover all of that, unless you specified on what your snack shop is going to sell. Mr. Lieberman: Nothing has been new. I've been doing this since 1972. I'm not saying snack shop. I'm not applying for a snack shop. Mr. Brooker: One thing that was addressed for the Special Use Permit, was for an automatic car wash. Mr. Hirkala: How many square feet of the building is put in for a snack area? Mr. Lieberman: 400-500 square feet. Mr. Brooker: Going back to my concern is water. I don't care how clean a car is, your still going to throw water out on that road. ir. Lieberman: There will be 0% discharge. It has to be contained on he property. Mr. Hirkala: I 'm going to state that he is here for a Special Use Permit for a car wash only. Yes, this is the initial request, but what I'm midigating is the fact that the traffic input in the area has to be considered, and I didn't realize that there was a snack shop in the place. Mr. Brooker: On the car wash, the cars are still going to drip. All ice will be on Degarmo Hill Road. Mr. Lieberman: It was stipulated in the Planning Board resolution that if they saw dripping they would shut me down. Mr. Fitzerald: DeGarmo Hill Road - The man said at the last meeting, that he is going to have a car wash and a repair station and a gas station. Also, it's going to be very dangerous on DeGarmo Hill Road, with the water. It will be all icy and very dangerous to drive on. Mr. Brooker: As you heard before the Planning Board stipulated if he has water on the roadway he will be shut down. Mr. Hirkala: The use is changing from a full circle repair shop to a no repair car and service. It's going to be retail, under our Zoning Ordinance, retail use and service stations are two separate uses. .tbochat you are doing is, your going away from the service station aspect of it. Your going into the retail use of it, with changes. fl t� tl ; !'- ,� 'ii i 1 :� r "i ��� r i i i _ i ' Y <:� l ! r 1 "i T1 � J t i � � P 0 `'... ; t sL! 3 fl C: l 4 i r w" t `f: w _ P'-1 o t ("I T n ij t I z ; 1^i v, %5 _ ' i1 s w < < �, ��, t . �, r i t , f 1 u i to , t r ,m, t7 s � r� , 'i �:.�) n t' 1 �_� i �:' �� � , 't r r _ _. . Mrs. Roe: I'll agree that most gas stations do have machines that you can buy these things on, but the term snack shop is what stops me, because it could cover all of that, unless you specified on what your snack shop is going to sell. Mr. Lieberman: Nothing has been new. I've been doing this since 1972. I'm not saying snack shop. I'm not applying for a snack shop. Mr. Brooker: One thing that was addressed for the Special Use Permit, was for an automatic car wash. Mr. Hirkala: How many square feet of the building is put in for a snack area? Mr. Lieberman: 400-500 square feet. Mr. Brooker: Going back to my concern is water. I don't care how clean a car is, your still going to throw water out on that road. ir. Lieberman: There will be 0% discharge. It has to be contained on he property. Mr. Hirkala: I 'm going to state that he is here for a Special Use Permit for a car wash only. Yes, this is the initial request, but what I'm midigating is the fact that the traffic input in the area has to be considered, and I didn't realize that there was a snack shop in the place. Mr. Brooker: On the car wash, the cars are still going to drip. All ice will be on Degarmo Hill Road. Mr. Lieberman: It was stipulated in the Planning Board resolution that if they saw dripping they would shut me down. Mr. Fitzerald: DeGarmo Hill Road - The man said at the last meeting, that he is going to have a car wash and a repair station and a gas station. Also, it's going to be very dangerous on DeGarmo Hill Road, with the water. It will be all icy and very dangerous to drive on. Mr. Brooker: As you heard before the Planning Board stipulated if he has water on the roadway he will be shut down. Mr. Hirkala: The use is changing from a full circle repair shop to a no repair car and service. It's going to be retail, under our Zoning Ordinance, retail use and service stations are two separate uses. .tbochat you are doing is, your going away from the service station aspect of it. Your going into the retail use of it, with changes. n -4- In my view it changes on what the place would look like. It just changes It just changes the fact that it is no longer a gas station. It looks like a shop, and that's the tying between what you are asking for, and what is existing and what's going to be there after the meeting. Mr. Tompkins: He still has to go back to the Planning Board for recommendation. Mr. Hirkala: I would like to have the Planning Board review in light of the snack shop, also because I don't think nothing was said to them. I got a problem with he property. In other words, you can do anything you want on that one piece of property, you just keep adding things to eat. You should take some things out. Mr. Lieberman: We are taking things out, the repair shop. Mr. Hirkala: That is my point. I think it should be stipulated in the Special Use Permit that you are here for one and your not here for the other. Mr. Brooker: No over night parking except the employee who is working there. Mr. Tompkins: In normal reality, you should have one employee, on duty, �biis that right. Mr. Lieberman: Yes. Mr. Tompkins: One car should be there everything else is business. So when the Zoning Administrator goes there to inspect you, you should have no problem, identifying one car. Mr. Hirkala: It says here on the existing sign that it is an enclosed proposed car wash. Are we having two sings on the property? Mr. Tompkins: On the proposed car wash? Mr. Brooker: He wants to change it to car wash. Mr. Lieberman: if you look at the plans closer to DeGarmo Hills..... Mr. Hirkala: Where it says light pole with the proposed car wash sign? Mr. Lieberman: Yes, the Planning Board wanted me to put what the sign is going to look like. Mr. Hirkala: Then the other corner has an existing sign also. Mr. Lieberman: Mr. Brooker: That's for gasoline prices. It's existing right now. 7 -5 - Mr. Hirkala: were looking at a piece of property that has two existing signs. The Town Ordinance says that by a certain date all non -conforming signs are supposed to be down. He is talking about two of them, the sign on the corner and the sign near DeGarmo Plaza. Mr. Lieberman: That sign exist with a permit. Mr. Brooker: I think its legal, the wording has to be changed on it. It is an existing sign. Mr. Hirkala: What I'm saying is if anybody came in here for a use, for site plan approval, they wouldn't get two signs on the piece of property. They would get one sign, under the Zoning Ordinance. Now he says he has permits for all the signs. The new sign ordinance that came out testified that all signs will conform to a certain date (1987). Now it seems to be a conflict here. How can we tell somebody he has to conform when he has a permit for the sign. Mr. Brooker: He can have one sign per property, that's the way it reads. He is changing the use of the property right now, and putting a car wash in. Mr. Hirkala: He is eliminating a repair shop. The point is, is he allowed the two signs? Mr. Brooker: No, one sign has to come down. Mr. Lehigh made a motion to close the public hearing. Mr. Roe seconded the motion. Vote: All ayes. The motion carried. Mr. Lehigh made a motion to declare a negative declaration. Mr. Hirkala seconded the motion. Vote: All ayes. The motion carried. Mr. Tompkins made a motion to grant the Special Use Permit with the fol- lowing conditions. 1. If there is any relation of water from the road or on the station the Zoning Administrator will shut down the operation immediately. 2. All bulk water requirements are to be trucked on to the site. No start up water is to be drawn from the Town water system. -6- 3. All used water used in the car wash is to be retained in proper holding tanks and to be trucked off the premises and disposed of as per DEC rules and regulations. 4. There is to be no residual water on exit way to DeGarmo Hills Road or on DeGarmo Hills Road during the winter months that can cause a hazard. 5. There will be no automotive repair permit on these premises. 6. There will only be one (1) sign permitted on these premises per the Town of Wappinger Zoning Ordinance. 7. The entire site shall conform to all the requirements of the Zoning Ordinance of the Town of Wappinger. 8. There shall only be a snack bar and there shall be no coffee or sand- wiches, milk sold on the above premises. 9. There will be semi-annual inspections of these premises to see to it that the site is in conformity at all times. 10. There will be no stacking of cars awaiting car wash off the site. 11. There will be erected a slotted chain link fence to properly shield the car wash fro adjoining property owners prior to Certificate of Occu- pancy and Special Use Permit is issued. 12. There will be a zero discharge of water on these premises at all times. Mr. Hirkala: I think our Special Use Permit should specifically state no discharge, and water for order of Town Board initial and subsequent fill. �AwMr. Lieberman: Why do I have to take down the sign? Mr. Levenson: You have to decide on which sign you want. Mr. Lieberman: I have less signs than any other gas stations in the area. Everybody has a sign that says what kind of gasoline they sell. Everybody has at least one sign price. I have a sign that says wheel alignment which has been there since 1972. Mr. Levenson: The law states with regard to a gas station that the pumps must be marked with the price. The Town of Wappinger cannot override the state law. Those signs will remain, but you are allowed one sign. If you want to have another sign make an application for a variance to the Zoning Board of Appeals. Mr. Hirkala: You are here on a Special Use Permit based on this map. If we give you approval, and if this map is wrong then we are wrong. Your giving us two signs and the law says you can't. Mr. Levenson: The Ordinance states if you change the lettering on the sign, you need a new permit. The State and Federal Law requires that gas stations should post their prices on the pumps. The Town of Wappinger is not the State. The sign ordinance says that if you took the sign and change the lettering everyday and change the wording on the sign, you must make an application for a permit. n -7- Mr. Hirkala: As for as I'm concerned, I think the site should conform to all present ordinance. The Special Use Permit was granted. PUBLIC HEARING: APPEAL #11065 AT THE REQUEST OF ART-TEX PETROLEUM SEEKING A VARIANCE THAT IS REQUIRED 12.2 FEET IN THE NORTHEAST CORNER AND AN 8.3 FOOT ON THE SOUTHEAST CORNER ON PREMISES LOCATED AT DEGARMO HILLS ROAD AND MYERS CORNERS ROAD AND BEING PARCEL #19-6258-04-730572, IN THE TOWN OF WAPPINGER. Mr. Levenson: The addition is to the North. Mr. Brooker: Is this for a small addition to the car wash? Mr. Tompkins: How big of an addition is it. I know it's small. Mr. Levenson: It's probably around 5 feet and 19 feet high. Mr. Lieberman: The reason for the addition in the back is the way the building is constructed, it is a pitched roof and would not allow room for existing gas pumps islands. There would be no room for stacking. %400Mr. Hirkala: The addition is in the front instead of the back. Mr. Lieberman: The entrance would have to be in the front. Mr. Hirkala: In other words, if you put the bad addition in the front, you would have to reverse the whole operation. If you add in the front you wouldn't be able to..... Mr. Lieberman: I wouldn't be able to put machines in reverse operation. Mr. Hirkala: I guess when I first made that recommendation, I wasn't thinking of reversing the operation. The bay addition is to accommodate the machinery, and if you add to the front what's the difference if you put the machinery 5 foot forward. Mr. Lieberman: The machinery that drives the car ..... No matter how you do it, you could come in the rear with the extension in the front, the roof is too low at this point. Mr. Hirkala: To accommodate.... Mr. Lieberman: To accommodate the machinery. Mrs. Roe: With the variance that you have requested here the northeast corner area. What other property would that impact? Mr. Levenson: It only effects DeGarmo Hill Plaza. kw�mr. Lieberman Mr. Tompkins: F] This falls within 20 feet, it's all on my property. The chain leaf fence is going all the way down the side. Mr. Lieberman: Yes. Mr. Tompkins made a motion to close the public hearing. Mrs. Roe seconded the motion. Vote: All ayes. The motion carried. Mr. Hirkala made a motion to declare a negative declaration. Mr. Tompkins seconded the motion. Vote: All ayes. The motion carried. Mr. Tompkins made a motion to grant the requested variance. Mr. Hirkala seconded the motion. Vote: All ayes. The motion carried. Appeal #1065 was granted. APPEAL 41063 AT THE REQUEST OF WILLIAM R. JONES SEEKING A VARIANCE OF ARTICLE IV SECTION 412 OF THE TOWN OF WAPPINGER ZONING ORDINANCE TO ALLOW A CONSTRUCTED ADDITION ON A ROAD NOT HAVING FIFTY (50) FOOT FRONTAGE ON PROPERTY LOCATED OFF OF WHEELER HILL ROAD, AND BEING PARCEL #19-6057-04- 635292, IN THE TOWN OF WAPPINGER. Mr. & Mrs. Jones present. Mr. Levenson: This is a application from Mr.& Mrs. Jones to get a variance from the 50 feet right of way rule that was active in 1986, from increasing it from 25 to 50 feet. The property is on 4.9 acres. There is substantial room to put the addition on, without any more variances than the 25 foot variance. The Zoning Administrator recommends the variance b(=- granted. egranted. Mr. Hirkala: Your looking for a variance to add a addition on, are the set backs fine? Mr. Levenson: Everything is fine. Mr. Brooker: We do have a letter here dated June 14, 1989. To Whom It May Concern, I have received notice that there will be a public hearing in reference to an Appeal #1063 requested by William R. Jones seeking a variance to construct an addition to his existing home. The date of this hearing is set for June 27th. Unfortunately I will be on vacation at that time and will not be able to be present at that hearing. However I would like you to know where I stand on this matter. Mr. ,zones has apprised me of his plans months ago and I fully support his request for a variance. We have been neighbors for almost 15 years and I have known that Bill has always intended to make this addition to his home. I hope that his request will be granted. If you would like to speak with me concerning this matter I will be home until June 23rd. My home tele- phone number is 297-4998. Jeff Behnke Mrs. Roe made a motion to close the public hearing. Mr. Lehigh seconded the motion. Vote: All ayes. The motion carried. Mr. Hirkala made a motion to declare a negative declaration. Mr. Lehigh seconded the motion. Vote: All ayes. The motion carried. Mr. Hirkala made a motion to grant the requested variance. Mr. Lehigh seconded the motion. Vote: All ayes. The motion carried. APPEAL # 1064 AT THE REQUEST OF JOHN AND BARBARA CICCARELLI SEEKING A VARIANCE OF ARTICLE IV, SECTION 421 OF THE TOWN OF WAPPINGER ZONING ORDINANCE WHERE 20 FOOT SIDES ARE REQUIRED AND THE APPLICANT IS AT 1.6 MACINTOSH LANE AND BEING PARCEL #6258-04-637010, IN THE TOWN OF n WAPPINGER. Mr. Levenson: Mr. Chairman, the Ciccarelli's were here, they spoke to you and they wanted to withdraw. I would ask that the matter be held over until I correspond with them to get a withdraw. Mr. Hirkala: Did they mentioned the fact that they wanted to withdraw? Mr. Brooker: Yes. Mr. Hirkala made a motion to table until such time as to resolve the matters. Mrs. Roe seconded the motion. Vote: All ayes. The motion carried. APPEAL #1066 AT THE REQUEST OF IMMANUEL CHRISTIAN REFORMED CHURCH SEEKING A SPECIAL USE PERMIT UNDER ARTICLE IV SECTION 421 PARAGRAPH 4 OF THE TOWN OF WAPPINGER ZONING ORDINANCE TO ERECT A NEW PLACE OF WORSHIP IN THE R-40 RESIDENTIAL DISTRICT, AND BEING PARCEL #19-6258-02-845570, IN THE TOWN OF WAPPINGER. Mr. Richard Vanderslice ir. Levenson: Mr. Chairman this matter was referred to you by the Planning Board last night. As for as the traffic impact is concerned, the DPW has a letter in the Planning Board file that says that they have no concerns with the traffic impact, and that they are operating on a previous acting per- mit, they have no objection to the project. Mr. Hirkala: The location of this is on Myers Corners Road. Mr. Vanderslice: Yes, just after DeGarmo Hill Plaza. Mr. Hirkala: Didn't you have a permit before? Mr. Levenson: They put the two recreation rooms on the side. Mr. Hirkala: OK. Mr. Vanderslice: we also added classrooms last year. Mr. Hirkala: What would you like to do now? Mr. Vanderslice: our intent is to build a new sanctuary in front of the Church. It would accommodate 50-70 families. We would like to go to 70 families. We would limit ourselves to 70 families. In addition, we want to make classroom space available. That's the main thing. Sar. Hirkala: Our we supposed to grant.... �.4r. Levenson: -11- The Zoning Ordinance requires a Special Use Permit granted. Mr. Hirkala: I guess what I'm trying to say is when New Hackensack Reformed Church came to us we had plans, we looked at it, and now you say just give them a Special Use Permit. The County DOT didn't have any concerns with the traffic impact. Mr. Levenson: The DOT did not have any traffic concerns. Mr. Hirkala: Would you in your opinion see anything we should be putting down on our Special Use Permit. Mr. Parsons: There is no reason for it. It is a place of worship in a res- idential area. Your probably aware of all worship places, they are treated like any other business. Mr. Hirkala: We do have concern on impacts in residential areas involving traffic. What about the classrooms, are they for religious studies? Mr. Vanderslice: Yes. Mr. Hirkala: They are not for general school? Mr. Vanderslice: We have a school right now, it is for three days in the morning. We have a license for the school, and right now it is certified or 30 children. Mr. Hirkala: Is this a nursery school? Mr. Vanderslice: Yes, it meets on Monday, Wednesday, and Friday. Mr. Hirkala: Is the addition is going to increase the impact on that at all? Mr. Vanderslice: No, this is for more classroom space for religious studies, and Sunday school. Mr. Hirkala: You don't have any school bus activity? Mr. Vanderslice: No. Mr. Parsons: I live right down the road and there has never been a problem with the traffic. It's done orderly, it's not like they have a lot masses. It is never a problem. Mr. Tompkins made a motion to close the public hearing. Mr. Hirkala seconded the motion. Vote: All ayes. �40fhe motion carried. -12- Mr. Tompkins made a motion to declare a negative declaration. Mr. Hirkala seconded the motion. Vote: All ayes. The motion carried. Mr. Hirkala made a motion to grant a Special Use Permit with conditions as placed by the Planning Board on site plan revision, and yearly inspections from the Zoning Administrator and Fire Inspector. Mr. Tompkins seconded the motion. Vote: All ayes. The motion carried. ADJOURNMENT: Mr. Tompkins made a motion to adjourn the meeting. Mrs. Roe seconded the motion. Vote: All ayes. The motion carried. Res ectfu ly submitted, Lia J cianna Zoning Board Secretary a