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1998-07-14AGENDA Town of Wappinger Zoning Board of Appeals Town Hall MEETING DATE: July 14, 1998 20 Middlebush Road TIME: 7:30 PM Wappingers Falls, NY Approval of June 23, 1998, minutes PUBLIC HEARING Appeal No. 98-7024 -- At the request of Fun Central, who is seeking a variance of Article IV, Section 410.12.6.2 - the applicant is proposing to enlarge the existing 24 square foot free standing sign for Fun Central to 36 square feet, whereas a 25 square foot sign is allowed, thus the appellant is requesting an 11 square foot sign variance for property located at 1155 Route 9 and is identified as Tax Grid No. 19-6158-04-551329-00 in the Town of Wappinger. The Zoning Board of Appeal declared itself Lead Agency on June 23, 1998. Site inspection - July 11, 1998. DISCUSSION Larry & Vanda Wiedemann - To discuss Appeal No. 98-7025 requesting a 10 ft. side yard variance for property located at 5 Crabapple Court in the Town of Wappinger. MINUTES *aw- Town of Wappinger Zoning Board of Appeals July 14, 1998 Minutes Members Present Mr. Prager: Chairman Mr. Warren: Member Member Absent Others Present Mr. Lehigh: Vice Chairman Town Hall 20 Middlebush Road Wappinger Falls, NY Mr. Fanuele: Member Mr. diPierno: Member Mr. Donald Close, Zoning Administrator Mrs. Nguyen, Secretary to the Zoning Board MINUTES TO BE APPROVED APPROVED AW" 64 SUMMARIZED ZONING 10A80 OF A"M$ � • June 23, 1998 DISCUSSION: Fun Central - Signage MISCELLANEOUS: MINUTES Evelyn Connors - Knob, Nika & Husni Property Mr. Fanuele made a motion to approve the June 23, 1998, minutes. Mr. Warren seconded the motion. Vote: All present voted aye. PUBLIC HEARING Appeal No. 98-7024 - At the request of Fun Central, who is seeking a variance of Article IV, Section 410.12.6.2 - the applicant is proposing to enlarge the existing 24 square foot free standing sign for Fun Central to 36 square feet, whereas a 25 square foot sign is allowed, thus the appellant is requesting an 11 square foot sign variance for property located at 1155 Route 9 and is identified as Tax Grid No. 19-6158-04-551329-00 in the Town of Wappinger. The Zoning Board of Appeal declared itself Lead Agency on June 23, 1998. Site inspection - July 11, 1998. Mr. & Mrs. Lawrence were present. W *%. Zoning Board of Appeals Summarized Minutes - July 14, 1998 Page 2 Mrs. Nguyen stated all the mailings were in order. Mr. Prager explained in order to grant the variance the Board would have to have a majority of the Board plus one to vote in favor for the variance. Only 3 members were present, therefore, he asked if the applicants wanted to wait for a full Board to be present. Mr. Prager stated Mr. Lehigh and himself will not be present for the next meeting, therefore, they would have to adjourn the public hearing to August 1 Vh Mr. Warren made a motion to open the public hearing. Mr. Fanuele seconded the motion. Vote: All present voted aye. Mrs. Lawrence stated she has requested a variance for the sign to help her winter business. She stated the front of her business is closed and nobody realizes she is opened. She feels the larger sign will help her business since she has major problems in the winter to stay open. Mr. Prager stated the Board held a site inspection on July 11`h. He felt Mr. & Mrs. Lawrence's major problem is the miniature golf area blocks the sight of the sign. He said going north he can not see the sign until he is right on top of it. Going south, the cars are moving right along. He did not feel people would look across several lanes to read the sign. Mrs. Lawrence stated Hoe Bowl and Dairy Queen does very well with their sign. Mr. Prager stated they are both in the Village of Wappingers Falls. Mr. Fanuele stated both the signs she mentioned are close to the road. He stated going north he could not see the sign. Going south, the sign is 25 feet in from the road and then there is a three lane highway there. He felt they need another solution. Mr. Warren said even if they put a bigger sign up, people wouldn't be able to see it. Mrs. Lawrence felt people would read it as they drive by. Mr. Fanuele said going north they wouldn't see it, south they would, but it is far away from the road, and there is a 3 lane highway. Mr. Prager is not in favor of reader signs. Mrs. Lawrence said a reader sign is allowed provided it is 24 sq. ft. She requested an adjourned public hearing. Mr. Fanuele said he is against the sign as it is proposed. He suggested they should come up with another solution. Mrs. Lawrence asked if she could move the sign closer to the road. low Zoning Board of Appeals Summarized Minutes - July 14, 1998 Page 3 Mr. Prager stated she would need a variance for that. Mrs. Lawrence said the existing sign from the curb out is 38 feet. From the property line it is 28 feet. Mr. Close said 25 feet from the property line is allowed. Mr. Prager stated they could move it 3 feet closer to the road. Mrs. Lawrence said if they could move it farther, it would help. She said it would be nice to have a reader sign outside saying on a snowy day 40 tokens for $7.00 or whatever their special is to help pull people in. People do not realize they are open in the winter because snow covers the golf course and the building is setback far from the road. Mr. Prager suggested they could design their sign to say `open'. Mr. Lawrence asked if the Board has any suggestions to improve the sign. He asked if the Board would consider a higher sign. Mr. Prager did not think it would help. Mr. Warren agreed with Mr. Prager. Mr. Lawrence asked what the current height restriction is. Mr. Close said the sign can not be higher than 10 feet. Mr. Lawrence stated there are other signs in the Town that are higher than 10 feet. Mr. Prager suggested they could look into how high of a sign would be needed. Mr. Lawrence asked if he could bring that information to the next meeting. Mr. Prager said yes, the Board could adjourn the public hearing. He questioned if they would need go through the cost of another public hearing for the height of the sign. Mrs. Nguyen thought they would have to have another public hearing if they are changing their request for a different type of a variance. Mr. Fanuele suggested they should adjourn the public hearing and then they can discuss other alternatives. Mrs. Lawrence agreed. Mr. Lawrence asked if there are any signs around that the Board feels are acceptable. Mr. Prager suggested the best way would be for Mr. Lawrence to bring them in as suggestions. CM ,"we Zoning Board of Appeals Summarized Minutes - July 14, 1998 Page 4 Mr. Lawrence questioned how he could change the Law. Mr. Prager told him he would need to speak to the Town Board. He said the next ZBA meeting will be on July 28`h. He stated he will not be present, nor will Mr. Lehigh. He suggested they could hold the adjourned public hearing on August 11`h Mrs. Lawrence agreed to August 11 `h. Mr. Warren made a motion to adjourn the meeting to August 11`h. Mr. Fanuele seconded the motion. Vote: All present voted aye. Evelyn Connors (Knob, Nika & Husni Property) - To discuss a 1995 decision of the Zoning Board of Appeals regarding the driveway location for 2 lots located on Osborne Hill Road in the Town of Wappinger. Mrs. Connors and other neighbors were present. Mrs. Connors stated she disagreed with the ZBA decision of 1995. Mr. Prager requested Mr. Close to contact the Town Attorney as to the procedure. MEETING ADJOURNED AT 8:00 PM. Respectfully submitted, Linda Nguyen, Secretary Zoning Board of Appeals