1994-12-13M
V9
Town of Wappinger
December 13, 1994
AMENDED AGENDA
Zoning Board of Appeals
Public Hearing and Workshop - 7:30 P.M.
-woo,
Town Hall
20 Middlebush Road
Wappinger Falls, N.Y.
PUBLIC HEARINGS
1. Appeal #1178 - At the request of Herbert H. Redl who is seeking a
variance of Article IV, Section 422.25 of the Town of Wappinger Zoning
Law whereas 25% lot coverage is allowed and the appellant is showing
32% lot coverage, thus requiring a 70 lot coverage variance. The
property is located at 2021 Route 9, across from Lawrence Farms. It
is on the east side of Route 9, between Old State Road and Smithtown
Road and is identified as Tax Grid #19-6156-02-753949-00 in the Town
of Wappinger. The Zoning Board of Appeals has declared itself Lead
Agency for this project on November 8, 1994.
2. Appeal 41179 - At the request of Gina Petroleum (Art Lieberman) who is
seeking a variance of Article IV, Section 416.62 whereas only one (1)
free standing sign is permitted and the appellant is requesting two
(2) free standing signs. The property is located on Route 376, south
of De Garmo Hills Road, and is identified as Tax Grid
#19-6259-04-840023-00 in the Town of Wappinger. The Zoning Board of
Appeals has declared itself Lead Agency and has made a Negative
Declaration of Significance for this project on November 8, 1994 as
there will be no environmental impacts with regard to this appeal.
3. Appeal 41182 - At the request of the Auto Bahn Cafe who is seeking a
variance of Article IV, Section 416.62 whereas only one (1) free
standing sign is allowed, and the appellant is requesting two (2) free
standing signs. The property is located at 299 New Hackensack Road,
at the intersection of Route 376, and is identified as Tax Grid
#19-6259-04-520203-00 in the Town of Wappinger. The Zoning Board of
Appeals has declared itself Lead Agency and has made a Negative
Declaration of Significance for this project on November 8, 1994 as
there will be no environmental impacts with regard to this appeal.
ADJOURNED PUBLIC HEARING
1. Appeal 41175 - At the request of CLY Realty Corp. who is seeking two
(2) variances of Article IV, Section 412 of the Zoning Law of the Town
of Wappinger to allow the issuance of two (2) variances of two lots
which do not have legal frontage on a Town Road. The property is
located on Smithtown Road and is identified as Tax Grid
#19-6257-03-092038-00 and #19-6257-03-030050-00 in the Town of
Wappinger. The Zoning Board of Appeals has declared itself Lead
Agency and has made a Negative Declaration of Significance for this
*UW project on October 11, 1994 as there will be no enviromental impacts
with regard to this appeal.
*ftw
Wappinger Zoning Board
Amended Agenda - December 13, 1994
Page 2
DISCUSSION
1. Vincent Piliero - Discuss appeal #1184 requesting a 50' frontage
variance for the construction of a new home located at 22 Cedar
Knolls.
2. Spooae Inc c/o Mike Witkowski - Discuss appeal u1185 requesting a
50' antenna, where you are allowed a 20' antenna, requiring a 30'
variance on property located at 51 Old Route 9.
I'l e
Adm-Lnistrator
-
A.
In
cu
JAN 1995
PLANNING HOAhlj
of those :,f y.ou Ji� tl�,7, nub!Jc,
-Tnated a.s sm�cke free.
'ild i 1—IT +- h e r P- s t r 0 0 ll� E
Pleat
There is also all-, t
-D -c tl,e out S
77 YO I I W
1- C'" 1
V e S "'71 t e 3-
d suggest that we 1-17 t,
T
ed i t- br i 9- f 1 v n
y
Tl -
t
1 1-,-.W Mr.
:,v
j I In
be a PL J Near ng
w
h a
j c: I aw Jt w-4111 ��t-ly, Y Z� 1-7
the pa
now. w I t r. T, r t e W, _x1:.?
7 7
4
Tl at ��„ l he �;7 r nr•r 144 T Vii_•- -` :.
? t.t;I 11+ i1 at. ear l l7C til the ra ue } f T -i -t -a T -T n ai
i 3iiC o of P_t 1 "•� Taj Sec+ ir,.n 72 _,c F +--"='r
^_j rc! L=.w whereas -_ lot _overage i
1tr7�,;l "_ rt%-
T is 1 ated a -t ?n'i Route aC osS front aw4'er
f ROLIte Q ti,.twGPi} ni ^tate P--a-and ^ria'`_*' _-
-� + F=ed as Ta -X Grid �� C1_e 1cF_!i�_�c ��4�- �l` Li, t-i,e Trw:,_
^'1c 7r?1in, rT Rrarrl nF i S has der'1nI7'?rl itself T
�t T?nt,cTtr�4 1904, ?T, T,evenson has tj,`_e 1, -
- �- r ,
lialrniaii; +' erp has ??FP?7 a.70� _ tt?? ?j'1� re 1-•i t _ -
mr,.
.za:_ t been published in the
_ -- - - -
but, thenotliaVP
' ,.• _ _ __ : _t is(J7','--ingj to 1, ave to be republished and the ct- = _---
„+ = ShOtlid set a T'lt_blir HE a1"'_Ii 3 f
27t1.? Either the 10th or the 24th of Ta.nu.ary.
Yes. I we ha_ "JG time_ E wi11 ' -}
^ne beard ;:'ember short but, we can set it f
il- } a. pi_lb, i- Hear! ng on ^.eCEin?.c_- the 27tH,
_ ,da to.-i•ght. is Appeal 1179 at the regi_iest of 2 i n ^2'-'".'
S e2 , n a.'arlance ^r Arti l
fret Stalidll?g sign is per-
i t e d an ' ti:e 3-` y---- -..
_� erty i
free=t-13d-'� signs. The r n ,.
_ ;t: _f iL lctr'10 H�� ljs R�c1dr aI1C�i 1S `� ntifled aS T i:_ ri
iii a-]mr,�•.,,� of W-ap'.'J'n'ger. Zcn-n7 E---- --
7a2:&d �tSeif ead Agency an:? has made d
_- --f-jai---
c. ``i: 2�rental 1 -pi wltl; rear tc. this appeal T -- -
- -- _ -- .r2i.,ro�,f _f lb'ca.
moi. i T- 1 ay j, 1 4 `_ -
0
Cm
En
T-1
- - :-- se( -on .
}- 7- i'i
1"W
- _ Is Mr. Por caro Here? All right-. , come on up.~-
+-
M-1, r'an you tell us what it is you are looking for?
-lie location for quite a number
of years has
not
_
-
--,ettes
t'N 71_t a C011V?I11eI7Ce store 171 the
location. we
Gala -racri
socia, milk, bread, eggs,
all the 7onveni enc _
we need is the sign to tell the
people we are
11W a
-
e store. We sell newspapers, coffee,
softeners.
That -i -.-
-t, To generate that kind
of activity.
.,
S^,
pie that bind of operation now. Not
just. j _Ist a. Gasci_'-
Is this photograph that was provided to us, a Coy -_
=r7' T ha- p the original M'r.
._Dt -r- The question that. I have is that one free standing s-;"-, -_
_.._ t.he, there?
leer free g
----,i;: e of e standin sign is the Gas rite
_h _
? } - the Empori�_17, It has been changed since
Fight now you have the Emporium sign and that is 3.117
all we have.
i- r i t cf the buJ 1,!J i J �,_; t - -_
- ---- - =a',re nothin;, on the frcn _�_ -
f i1dii, T
He has the usual sign in the front of the b1_ -1 � -
a'= a. C �i-n,� t i cs'ier! that I si^nv
--- -- - --, "t-
`
09
09
- ' - - - �, t�:_� CiLlV that �j_rl _ �� _? .= leafCl - g� - n _t T�7Z
a year- ,l- n n±�,,ith` 17,efC'
* _• mti� history of that is, T can go })ac}_ as fv_ ^c
- Mier was a Herts CarWashtier e . They Clot ii,tl) rr
- -
t o}._ a couple of yen.'_'_ until- we got-
}=.}ol, s came and went on a frequent. basis. They wereuiti,,_l �-_ 71'
P,ny member of the board have any further questions_?
would like to know the size of that sign?
Yes. It is 4 feet across by six feet high.
-'by You are going to leave it the same way
- J -
t 1_ _ what you are requesting, leaving the Nal-1bcI-C?
_.lght, the only thing 15 those little ones, w'__eI-e
i :! = I"1"Gti=cPapel-S = -and Coffee. I might want t0 change"j--
=_ ' ,eS;asp,apers . -he size would be exactly the- same.
IT_= what are we doing with the rest of these Vases,? *vim
that have been converted to coffee shops.
They have been annrove�t by the Planning Board.
_ "� - realize that,
-_u'is talking about in regard to linage,
I don't remember one coming in?
7.7 we had one, we had a 7-1
—here is not another one in the town that has
type of sign.
feel that this is sort of a unique piece of prc.L' * ,
theta. Flet-},. let me ask you .3 q esti�tl, If t`--
._ were attached to the Gas City sign, would t re
- "'--rl not require ?
The total size of the combined signs world I- +�'_�
- Wit;
-- a�_ That is 'r11,tr T as, ed w-th tl,er pstab' tel; n,
1 4-
u
T = _ `s. wP denied tl_em for `Cjmetlling ,else,
. - _.--_--' _ - an the sign be combined on that oi:e _4g'17'
- - --`7011
"T.n
wonder if the square footage is allowable ^1- 'nc t'
_--_ .. � ? • One of the problem_: with , his thing is that if-
-=-e it is right here, it is in violation as far as.
- i - --an Dove it- in . That is not a problem. I c all � }
a
r_al Then you are defeating the purpose. The purpose war
as they drive by and let them know that you are Sc
_. 47
I I-- • _ :r_ .r : I would mnove it in if that i s what would need tc hG = .
_._ supposed to be 25' in. Thatwill he right +- _-
gas. Pumps.
That will be right down by the gas p,=ps .
way the place is laid out, I have a big open lot . ° _' ,
in t? e open lot part; it would still help me. Pecp,` 7'
it. It would definitely help.
11g it, I know it not —as -1t`� '
1at aOlt dttd<1i}
_* = }hose things to that sign. Having one sign,
T ^ould do that t^ , That is n^ problem
don't like these little signs all around.=-
- One of the things we have to consider, all
imp or
ccl TQ1_, nbt 311 tP benefit that ;'Oiwant tt-
a ,ari'anvel There
--
_c a very good T __s___�_ t
4 n t, tli; mail , ;i.l `.all . yr - 'ih
g t rl�' e3I2d }il� .� _+ the be,p_f'
!•- _ - __ _ i L
�__1. .�'%la L.. f=,,,e� ..:_tat rte_ ':J=t aI'll l�ai ~= t�,. �.t---
En
+ r
_'7_ It car, t t L,e
y
- T,, :1 It has to be m--ybe 4 by 5.
4 by 5 is 20 square feet. He could put the sighs -1-3,t
_-• - p=^_.tura, double faced on both sides. Mill rear t,._
That is vary similar to what we did over at the rf_
_-' 1a.re. P.ememll-
'Where was a lot more businesses. There was half a
.we are suggesting that he do a similar tl_ir_g there .
T -'e ^uld increase his size slightly.
The Marlboro thing is not really- the issue. It -ti
that, are on the gate like sigh. H; tak--
suggest what we do is adjourn the Public Hearing.
_ - -••- ����r_ � __t_zl _y to See whaty _?1 CaI1 do with those and pi_t'- t __--
Without the need for a variance. If you don't need =----
_ 7 a S i qtr
your appli_at�on. I -f � _u do need w_,- -
y
ME C- back in again .
- l
F --'r strictly the size.
- _ _ . • _ . J _ _ .
�._�_... On the size.
Fcrcaro: Is it the fact teat the sign is so big? Is that
It. is just one more ,sign.
?r. aES=r. it is just one more sign. We are requLl ed } tie -- t'----= -v
at all for you to obtain the benefit w�thc
a minimum varla.il^?
a mi.n4 mum variance.
4- 1, t w i es i n an Ti uI t
_ark a 2:*
"!`r
CM
:_ t;_ 1 L.�r{
.- Lli l T
.---a .r� �..-- C �_ ..-�--
7- I- the 41`�asic message �%u ✓Jant tC g'=t _i-_ _
- - p1tls cc n`lelliel;c�e stare . ro if you ccul.l
to go on that same sign, then you don't need tls.
That might be a little bit of a problem. The Lir
-t going to take the Gas city face off and they a�-�
_ _ur:: - - - . I can't really as}_ them to put anything--
_._� "'}-_ere is no way to do that.
_- _. v r a. n, do it un'erneath it .
- . r _- ,� _. _ : Hang it underneath the sign"
''-_at I am talking about is on the pole. Mount. il_.r "_-.-
-- _,I: saying soft drinks. On the pole. You co�_Il' al _ _
-}- -- c , R,ack to back. They could screw right til --rough +t- }=-
- necessarily those signs .
'7n this pole. A little larder they_ this. Vn*,
lines of signs underneath there double faced.
H, -)w am I going to mount them? That is the only t
,= u, Y _ i -i (".an screw them Light to the pole .
_ Vr. } can screw then} right
tc� the rcl e and screed it
_eW it into the pole, in the center.
What ar0'It the Emnorlil-Im sicrn? Ts that a metal
That is plastic .
Tt not just all plastic, It has to be some m try?
it together
`dell , there is a metal frame around it. TF I L't 1
- _ _ff of this, if I moved the S1.19 in, T_ coslld
�r this whole thing, with the Marlboro with
t�.incr; ?nr_i ?lap �t i + � f tt,P t,�t+ m f the Emr
+}_ P,.t _s a lesser
ti 3t J v j �'i�_ t1,_ 1._ - . .- '-- -- ----'- --_
`%r
-7
_''1 might _?Ot :iee�i •a. �- ar i aIi!" _ .
-hi` - take vatjr P.1 -asurpm.ents and sea what ",L: t =:'•::
Can you give me some idea of size? How big can
Herb can give yot, these.
=__w _._. You have plenty of room tc put. those two or three w
__ _ r L
T4 -r'..._a: your maximum is 25 square feet before you need a
r_1 : I am probably going to exceed that.
will be less of a variance if you need to come bac:
come back: to us on the 27th. It would be less =f =-
_,_ y '--ich we would be more incline to grant.
if I had something like a swing sign. If I
the other side of that pole and I put some kJ nd
say cigarettes, milk, bread, and Have it. hang
_ometing like 2 by 3.
I would certainly be more inclined to grant something
You must have gotten a hold of somebody to get this _sI
Wit^
ar': > Which sign are you looking at?
I•iarlboro .
:. —he Marboro people.
T ' t, -.ink the same people could also Help 1--7-.
_-- :�1� d r_IGunt- on that..
1 = "1" !De -cause, they are only going to want them- Mai -1
y5 *_at you aro going to do thein yall Fire �'"-1i�
F:_ _
�.`1y
t1i c,
1
CM
17 ;?ia'_e a motion to adieu n this until 71-
-econd .
ayes
s, L . The next item on the agenda tonight is Appeal 11^2
f the Auto Bahn Cafe, who is seeking a `lar ian!"e
whereas only one (1) free standing sign is allowe
L_ -__t requesting two (2) free standing signs. The prope,-ty _
at 9^ New Hackensack Road, at the interne^tion Of P uta
as Tax Grid =19-6259-04-520203-00 in the Town of n' J=- -
=-- Appeals has declared itself Lear Agen^y an,' , ---= -
- ara*ion of Significance for this pro�ert on Net en -..be"
eI1°rironmenta.l impacts with regardtc thi-
-_ "s t -.=gin proof of publication?
Yes. There is pro^f of publi^at.ir-n in both case.=
,,-- Ild like to ask the applicant when he steps forwar' .
is there someone here for the applicant?
- _---- . �1=arad Jain .
- I,;_ ^_� : Is this the sign you are proposil g to pLlt �_Ip?
proposed two ,_igns, Yes sir,
That is not allowed in the town.
This ^Iie here is what we have a nicttll� of and th_ - -_--
as _ =er_ banned for years.
flashing lights?
roes not exist in the town at all.
�..
Ther- is no flashing lights on that.
-t ? t t�-pes of -
�tt_' t-lle TOWn of ;Ja pingerss at a l� Y_%tI 7 a ride
lL. tt-
..+ Ut T` -:Gy
y__
4-1
1%/
'*MW
Eon
g::
I calx say this is not going to happen, rig��t?
_.
__. Herb, the sign that you are saying is not allowed,
'7c.ling ^rdinance^
- • �', _.- ^,' , That is right. Not allowed by the :oning Ordinal
it ,;lent, with ra arc3 to it.
you kIiow specifically where in the ordinance it __
^�� : It is silent . If the ordil_ance is silent then
I guess my iuest.ion would be then what is to say whay-.
d what is n^t? Why did you prc i! le us with
7 ._. Tris sign is very easily available and I spoke tc.
�r This is a moveable sign. Let me start again beratlst=-_-
{ _ n You provicZe!a this picture to tts. This, is a ntc_".--
_ - ty T`_.is a moveable sign that can be mounted.
ur proposal is to mount it . T unc erstan--1 .
_ That being the case, there is also one here that ,
t -S true .
- . --'- . '^:__ of these are single poles through the
1a thr,71ugh th-
{ - 1.-r. �i+ _ - y t`-nversa}icn ;�_t� Aft-. T_v=? s
L-- � _ ' l;:"� _ -
t -
CM
En
EM
,- t -� _ T'
rt_'c.�,r_ . I =,-�,r a ^7..v :1-,1� c` r7P i It tti 1, at,n - Jr. t7 - -z _
resented a- pJcttll'P in the fol aar,
vol? remember prevl011Sly the 51911 t1-1at Wad t1 1`u T
± - :tle with a sign inserted in the center. What the g-"tIin =
*_.}; 1, that sign out and have _a sigh company produce a
the confines of that wooden structure that was
7aT it has a permit.
1•S_ • ` ct_Z w --r : The current. sign?
- . _n:_ n, Yes.
That current sign is double faced, is it not? Is th=
is visible from just from. '76.
. ':„- -- .T� i t >isible fr^_•m fill A11ge1_s; New Harkensack Pca-l'=
New Hackensack if you are going to All Angels ^r� j = --
*7cbody see's that sign.
"rrr
- - _ _ _ -- . It appears to me, looking at this photograph, If
H:;,N.'�I-ensack Road and I wasst; peed at the qt�T � - .1,+ r
--�
lco-ed to my left, I could see that sign.
74's, You can. It is right there i == -theplcttir
telling me it is not '.risible.
is spot fr^m where it is visible -
-. r. If I am sitting in front of David AlexandershuilAi
- Lr_"'
.. there you Can not. YOU have to be 24ght at thlc
first cal will probably see maybe the se=nd -ar .
_.•_ -_ = progress through that intersection ,
ycu progress you are not lcoking in that direct i-_ _ ti -1 ,
t p i,l l t.: r!i^1- d r 4
�__' T__atE _-_ ai.ti't'_ier pr_--�bl_:!1 but
En
4OW
I -'?J i -,
Bcfo e- it was a restaurant.
Kings Wood Equity when they took possession of
-- - -
_,-1. „ot want to ha;ra t1_Ze ac^ess ^n New Hacker ,s �-1_
._ .l .. The only access ...
?: Tl:e only access is on 376. By either making__-
`!:__': south on 376 or coming north oIi 376 making a _diffi:'._,_
hear a motion to open the Public Hg_- aring .
co moved.
ayes .
Po you understand what I am saying to you? There
^I- e - ress from New Hackensack Road.
Is there a driveway there?
�.5. Z_er. '^hey built a curb up there.
_. ei's�:i� : You can't go through there.
f'1 -; -re do you plan on mounting the sigh?
I' is in the plan that I mentioned. It was going to
"orner of the building?
- . _ y_ Y=� sir. Against- the building. Not oI the road. ,�;e
m,, = fi _ nt _:f the ,,_:wilding.
tl -4 Tiie -Frr -It of the t1L, 4 1 dl lig a .�' ` 1' .
- - .. L the
.__ _.JCS
g- _ iC ;_1
„fir � -- -- � --- --- �.-�} '---- .�:';- -� `_11r- _ _ �.�"� -i _i=: •-�-- _
- -
y -- ' _._ '� som=holies welcome patty--
' io", frorpt r- l: -sponse that th,:- 1 t--
_ tL �7.__ i��
L
Mr. Jain, when you are at that intersection and
ere is a large awning there. I believe it is green.
=a:�te on it? Auto Bahn Cafe.
�.:. It does but, for some reason people Haven't noti-e? -
3�_�,ting any response.
=al=. That is a c_rner. Doesn't the law give him access �-
_� building, in two directions?
Yew.
�IJ_sib1e.
- ,.i Thar is. what he is asking for now.
JL r7--- : cr pole mounted it doesn't.
pole mounted, no.
ro. 1, ct for pole mounted. I am talking on the
ha•.7= the right to have a. sigr_E on both sides =f th.=
Ne '' es .
On the building?
has enough signs .
a problem. with Whet= these sins will 1 -S-
c ng
'eoing t.o look like. We ara talking around in cir -1=.-
the signs are going to be. There is no plat: `hz` 1
� - gciIII g to be. There is no Way that I can act on it.
i_c rat Ii
a - - _
- L _ _ _ _ - - -
i
*4W
TF_ - ,tom y _ r•J - ,r - - � � n
e }C a JrI GH YY3t1 `"i t^}-. !1 �' ha
=ite Plall . W� shrnul(� have 11n f1nlit �{ -
sl,the location of the sign that he has alr_aA
_ -,
I agree. At this point and time 3t I was to vote-,--__.-
- _ '-1-1 -1 7 r)t Vote lI1 faV^1- of Q1"ant3llg the Vara?17C"
-,_f_,,�ing intersection, There is a. lot of acrir'en}s at },,_}
-- - Tile one thi ng i thinY we do_n, I t IlPed is more s. i g1= _
y y_ �t you have there now. You've got sign cn the -- - 04 a rsC f _a_' _.
a,., -Ta sign towards the corner. free standing si _
need more information before I could vote yes.
- T11a. j ilf'',rm8.t_ is^n that I am gol_Ig to nrc,,,;,1= '.'-)iI J'7311 ? _
i_-7,Site Plan with your sign location.
i.- the re any informaticn that a. ':�oard night need reg
g2_ itself? Is that sufficient information at this pcirt^
information as puss ihl_ is what we should ha-�
a tier: Would this board want to have a site inspection and
I have no problem with that but, the sign, it doeti
.� _.__.. '7 a_ i
1 - - abct this sign. �l:^oe
u have more on th. se sign. th
t.
--t:'--� ' ,e, the upright one. More information.
I 1-.7. quested the sign company and he mentioned tc me
these for like 20 years. He knows exactly what
er_.son: You are dealing with each site is unique. What t?==
for you to present a Site Plan. Th=_:t will t&__
the sign you are asking for is going to be and the
map showing Exactly where it will be located. I a�_._
y _.t = L _ t _graphs of the building That shows all C
a3_. u <'lsti:lg Sign ? X11the ones 3I7 1-
i1 iI dy7S 13::e _'. ? r - -
En
Em
a Gdoul'� il]_e to s ee -- } 1 ` + +-'
add o ur n t 1_ do you wish t _ rE�_
Let me just ask is there anyone here from the
spea}_ in regard to this matter? Let the record ='
_ one from the public. Motion to adjourn this until 1-1-_= -"
-. -- I make a motion that we adjourn it.
Second.
ayes.
The next item on the agenda is an Adjourned Public Heap=a_
renuest of Cly Realty Corp. who is seek �y =-
ing twc
'r 7 412 of the Zoning Law of thy= Town of Waa- �-=
y_ s.ance of two variances on two lots which do not.
_ + - D 7(_;1n R'>•ad. The pro• .er ty is located on ,Smitht(:w!-
,,� as Tar= Grid a-19-6257-01-092038-00 and_ 1�,-C—r7-0
n�nnr_
3
_ =f o,' pninger. The Zoning Board cf Appeals has declar=1 '_
andhasmade a Negative Declaration of Signific.anc� fc-
994 as there will be environmental i1
1 no elr. ir..,2 menta _ �,�
-:is appeal. This is an adjourned Public Hearing. We lr-_,
_ f `_f n 1 11 blication. However I
received a letter t'
iia _
_. IS, n!. Holt. Mailing address is 30 Schiichter Road, _isl
a letter on December 13.
That is a mailing address but, it is in the Tcw
.lnderstand. My question is, is he ali adjoi..�l�g
his rights tc be notified?
- _-hlichter Road is not a Town Road. They are nct
hat is the law regarding notification^ It's adj—n,
-- _ _✓+':1= 11C%t Vv-he•ther it is on a. T'.'>4.n map or not,
checked it and I did not see him as i-, ad-1cinil
Y = ts-
t t _" �.a_ _ _ ��a ✓11th T.i}l- ID, t
E .,
it
En
_0 1 ,u have a tax parcel number on that? Is 1-11_r- =..=j
r1. - -_.I.t i t =f the I t that 1-.P claims to cw-"
am not saying it he is correct O1 LIiC 'i l eCt .
the. potential exist for a flaw. which down the a-7
.__._.. That is why I was hoping there was a tax grid numb=r
7 -Z=} ify the lot that he was referring to.
_ . Herb, do you know if this is an adjoining prop_
not find it on the map.
=_. Yc� still can't find it on the map?
'1-5+ �4h,:,,ut the name of Dennis M. Holt? Is hp -
w --::
e
_ --_=i. it -a adjoinii
- - - - --
r He is the property owner of the property in gLi=stic'..
--- - - - --- -'- T+ .�;Psn, I t appear on the map?
I don't see it on my tax map.
_•-- _ _ = a^w --es he get a tax hill?
_..- r_ : My tax maps only shows property that appears -r_
_. i_ ?. �'7t, that has nothing to d with it.. ian
r
don't see Schlichter on the tar map. I had
: =T W understand the reason that he may not have bii `--,-
} the fact that he must be notif i-:'.
sorry, what was the name again?
C-
L .._i_ i
- -
is a George Holt-. I am sorry, w-
ul'y = owns parcel g4r(n13.
__'_ _E.: Who has the later map? I've got two maps here
- -_ - _'', ?''• :-
on a piece cf property,
y,
went to the property tax office and tock it off th_
That is the basis for ii,- ,�1� ,-ma.tinn.
3.1 a : This one we got from Gray, Railing & Heinsman . Ch,
.�e1-ytizing en it.
- . ' �_I,_= ; T},_at may not be necessarily current. I =se the _-c's}
Herb, do you know if Mr. Holt is really an adjcinir_
don't. I can't say that.
- _ -- - ^Il' t know that : We have a. nearby prcperty
e -=- a�z 1 cf verifying that.
Except for what is on the map here.
7earby, it has to be adjacent.
T. ere is a Hupe that looks like it is adjoining.
is the same one.
s not.It is George Hupe.
the one just below that.
a second. I have a George Hupe. That is
^'_Ir rrect . Right below that there is one fc r
- - - -
-- - - - y-7 1 +- i 1 1 1_l i r7 - ,� t - 7 —� c.; -
---. -t -- - -- - ----
I%W
LMN
parcel 1 is not the lot ir, question at =.11 .
re is a few other things that I do Waft t^ �'LiS _ _.=._
.=t decide to gofOrWdrd after tonight.
Ti have gat'-----.
whether or not you deem the information in respon=
just one minute, can we open the adjourned Public
- -- -- T+ ic, open.
I don't think We did motions.
We didn't motion to adjourn.
.'-?}:al .. We adjourned the Public Hearing the last time.
h x:11 need a motion to reopen
.:-- have a motion by Mr. Lehigh to reopen the adjourn_..
tib, __� . � _•J-_ C"!'ol:d.
�.y�s.
'_f__...: 7.1,�e board at the last meeting raised several_ is sties .
Pt_bl c Hearing for purposes of attaining additi_I,--1
sent letter to both the Higrway SttperinteIl�ialit ar_.
P - - _ ; IJayk Liebermalzn. T believefvou have -opies
d=ai- and you should have copies ofcorrespondance in r
I am, 'roping, and Mr. Levenson I am making an
S r : Excuse me Mr. Adams. I have a copy of Mark
-
1 --: -- I do rot have a copy of the response.
have nothing from the town for the roads.
is the one w= _�o I ave . T don't have�'^,11r
am, iib olit ±." give Wit, t77.n y.�. �_t �?t_'lbal lespc'Izs•`_ .
�? �.t '_-.ha.. I1•�� yi _�f
i _ — _ _ _ _ �._ _ k _ �.1 T ._. �.��.. �. Ja_ _. r — — _ JJ _ ♦ _
a
09
en
VV ct i 1,-, VE, a s ",7 w o u I C,
t a n:f 1 w w e E- 0 a
coi, ii m. o n road would be no greater then 5
tal I-d ;about the I ast time and that i, posy
b 1
'division. Now we talked about that last time
on Interior Saying that they could n c. t
,,ithout permission of the board. In fact 1 ha,,,-_
t =:11; -
-d about a mainten-ance agreement. The maintenan._
h a t I suggest be reviewed by the Town Attorney. That
at
f this road will be limited to 3 lots. If f
S Sons we can not even dream of today that there
—1 -divide an interior lot. In the ft.tt.re you w,-.-,,,
U ^ould not use this roadway because as Mr.
T
',7 7 t t r b i-iLrd-n this particular road. T 4--
S
-d I I thJ-S would he filed in the County Clerks officlz_ sc that -
n -,--,-,ht; .=chaser would not only be on notice --f the :ii a i n t e n a
7 _1
::-rause everybody has to contribute to it but,trey
+-1 4- t - 11 4 C roadway is only for nly for the
-F 4
L th4
-tight that you had indicated
-Lcated that JLt was yct
-
+-hre- would 'Df:- nn further subdivision? That
'_=th!-:: subd.ivisicn then whc else would 1-.e
7 are correct Mr. as s, -m r a, n d I r e f 1 e (7 n t'
_-i tetween meetings and 7 am saying we don't know. We
LI -at some circumstance may come up in the future that
I am not saying that the owner would have the
-h t to gc ahead and do it. He would have to cDmr= t,:
-1 c get
PI-=,111ning Boar. first of all because in order t
.muil have to go through the subdivision prores_z a.: -`a ---
_
--
understood that with tal,'--,Lng about these 4 Ic 3.-
-they 1� -1 7
-,-i tbe filed ma.?}, that ii-
i r I i of that, -r
am saying lets have the fun-ticn.'
1-ve controls in place so that it -an only hay n -n
that everybody deems appropriate. 7r-- p r c -1- 1 e m that 7,
TX", a+- note w gc c n t h & mn ap so tiiat it W
S lico map first Of all, keep in i-iind this 1E
L ,ark t.-, nil+-
i the e o 1,1 n t%;- -1 e h S If: f i
31 f 7
a t
*40W
7 7
d
7 _1
I
R=
CM
- - -
I you give a copy to Herb. Herr
all of uti and simultaneously gives _ r_l , - _--
-� 1 -' _ n _
_ . Levei,_son I will send each of you a copy of t -.his agreement
letter to the Town Attorney,
er: Ask him to respond to us.
l.a: Is Smithtown a County P.oad?
r . LTown,
H_r:alr: rizat was the Town Highway Department ..?
on : We .are going to get to that.
^7.sse}-, What is your intention of the mechanism that would
ic: i use of the read? Haw wr_;Llld you do that? Tl _.
_est -I^ticns?
_-'a:ns: There is an easement. First of all I have to give an = s=
=_1 it a. fL:nctional equivalent to a deeJ restrictio2�.
an easement to the interior lots to pass over the >t
Additionally, one of the interior latS IS g
r 11 for a brief period of time across another interi.-�
doable easement there : Th=' furthest lot
a�s two lots in order to get to the town goad. In
two lots and the lot that is i n betwee,_ c�:il, 1_
s.?
_. _=_..=:_' erthe lot that has direct access onto a tcw2; roa. __.
have also indicated that your client is
and under and to make the road subject. to teal S 17,
_ _._ . In fact, Mr. Liebermann conclUdes by saying
in conforming to town specifications his
before, we represent again that v7e =.
= .=•==-_.'_' = t,= tl at type of condition. represent
- J --
- have a. letter from the Town Road Superviscr,
_ng to get to that next. I
I ti -ink he
'1 4
-` -� `-- --- '- -- -- - - - -
_ a.
CM
EM
understand that but, I wan* to go thrL:ugh
�qaz any addlti,:=nal infcrmiatlon }bac„
t the board would want so, I can supply that at
_. We were pretty thorough with the workshop.
_T definitely want to hear from the Road Supervi_ _
location for the access but, the specification fcr tl-_L
town.
think the Town Board has adopted the specificatic:
-, i'i„'rrU7AVc, r??t if him t -n i-1,a,n 4::„- v.•
d.D that for you.
Th -a t. .,could make it easier.
The thing that the board should understand is tl-_Ef _
in thinz side of the town until about ? - 30, 4:00, Tt
o, Pyr. Foster didn't get the f_ _ 1 -in”'
,�, -_-_ ---•_._,.._1.__lllg
another situation and ilt in front of me-
4-1_= fa1.. and he was getting it.
- _.cc=�r I would suggest that we go at 1=aSt until J? -nus -f 1-1-
_
_-. Is that sufficient to you?
-1,at is fine.
would like to ask is there people Isere tonight
Yes . my name is Vicki Raavin.
1' li an a� j cii' illg property �'wllt 1
�� . _.. _... Yes, I am on Schlichter Road. In all do
afternoon, he seem t:' feel t- v
, that -
_ t affected by this. The maps that T_
I ha _ a very small, tlily Iliaand it i3 lla'i l t,-
is we are being asked to
to give permisS:'.CI -
_='` all t ght- +hr igh.
- __ Z, 2:
d_1: t
lEan
t _i:t'='rru t
f - -- tut,
1:"V=
Cm
'c, you live on Schlichter?
__._ . _._„' I- .'-hlichter. Yes.
`"9
_. :===11. -_al”.According to this map, did you receive nctifi.a}i'-.-
_ iL: Yes. I have looked at several maps. All maps = _.,.
-fferent, That is where the problem fomes in.
_ala. If you are on Sc.hlichter Road and your name is w' _.`-,
Your not even listed here and you are an adjoin -L.,
I -r. Hirkala, I have an affidavit from Mr. =.damns
gJ lett me the receipts for Greenland, Paavin.
- C- What I am trying to point out is why was Some pe.---
fr^"l j rained parcel 1 and why others weren't'
a..'I_'a That was the question. I don't know.
7.:.::::_ = t�_�c a more expansive view then the town rule
-_."an we look at a map that is dated rj'13,!94. Tt-=-.--_-
1 er,sed lI2 t1.1e State of New `Jnr}:, Tw prnnart
I,g e.rvut are these two properties. Parcel ' and par =1
a-„ effected p� - el'ty. M1 . _cIt-' s pr' p¢rty
ail bac no
?-fi=r ril — erty is adjoined with parcel 1 tc =
_ �... Yes .
_ - - __ .It appears that more people got notified then laho.t
few
T%"_is is my property. This is wrong
J
r rT z, "n zT hr C7
,9_r;_- touch Ll I - )rT !,Zr, 'ZI
d
a Parcel one.
`"~ow me where you ;are touching parcel 21 and ?
n g by a surveyor. This is the drawing that the tc.w.
file, It is sealed by mr. Heinsi-nan.
av n :
My property comes down here.
'Lour property adjoins where?
Mr. Greenlands comes down here.
if we are talking this is Smithtown P.-oad.
7
H r1 --i Mike has a ver,good point in that par -el 2
,,,ners may have to be notified as well since the
e a s c-m
n
Right. There is a paper road on parcel
1-
4 -1 --at arl-til'ally the site of the driveway that is Nein. -
71-,atl- was another question that we had.
---
o7h.:_-re does -,ur driveway go? Where is the prcp
'7 Thouse teat. T next to the house is
'I,: -hc- driveway comes tip i
_+1Riad, it com-?s ilp next to his pr, :-,ertly I J
Right and Mr. Greenlands property goes down to
the other side of it?
the side away from the turn. That lang�1--c-l-,,s — -------
I would "L.J'k,=- to J
1z that wi-- ai: going to. end up, Y
J -J
t( -T zz tJ. z
CM
EM
Tiliti is the ccncc-- n becaus so many reap_ _ - __..
LE— Sn: Main, I am going to say it one more time,
1177; has accepted as the filed map with the applicati
_ t j a i icensed surveyor. Fight. here. I am not ging t =
-- a+ y,'Du show This i� the map that the tc:wlj
That might very well be correct . I would e:< -.pe._ t
artso. Y'=71; Mit, I lia':7G +: saw.' the t3 7Ii 1S Ulith
-* .f l:e12 is a piece of property and �t tojlches this pr-
'_•f:l:at tilt town records s11^''✓a tllr y Plus} r e I10 f '
i-
_ . e7 s0l.. •_rr. Sasser, what I am saying is they are lcol-ing =' _
=.:t n,. then what we are looking at . 1111r. -;dams 8n ? I =ail-
the determination because this is the accept-:--:
�.=t11 thr=- =app 1icatlOn. I don- 1 t k at, an t - a
.dams understand that. if ,you use this map an:' that
-, _ opts and is discovered l t t ^ i
d later It_ that t1 Plat: I
:-i 1 -_ave a problem.
_ :__.....z . I use the latest tax map because the town ,zoning ordi7l:.__ _
govt• recti,"e to the adjacent pownz-r- thz- -
___- tr_e most recent assessment roll filed. The g^y _- : 1 J__i
i and addresses. That assesslnent rc0ll S?iC'•_7 =' t _ `'--
- T11at is fine. I would also make a suggestion that = -
Mir. T-irrltr =f tilt:_.'---
=_._ sc lie Y�17i11 kl�ow e::actly when that will b`_ .
--- �_. T c- _I y ctl er quc-cti ret 1 I 1 7,- -_ ----._
z _j �. _ .z t � a. t � �z a v e an::! I i_ a I i
issue at this point. If we are only talking
but, if tl,i= property does get suhdivide-1-:--
_tw icts which you are talking about. In that
I _. v _ ra dangerous curve right- off of ti-_aat . I -
a
r, tie ._ave asked for a recommendation from the "cw.-
I,t- 1'G d.1s0 SuggeGte i n1- it ?,aG been S11QgPc.te
--- _-- _, ="e�+r _tyc:l liaced on the rise of that �_�ad. vle=-
h- _ _-•--
c� t t at i
t ,t
_:s c_'uld be su-,'4 1d�,?
r
*• .,._
liw _
-. _. _.. .-.
VAW
on
- _ --.- :h: I make a motion that we adjourn to January n "_
�_. The next item on the agenda tonight is a discussion _
To discuss appeal ;1184 requesting a
-- - - +}l.=-�r:=tru titin of a new 1, Ili= 1 at -7 at 71 rrea�_2 --
r1- in the audience tonight for these thing." j
-- -- - _
- --_ _ are a.t, we A.r,- now i? t- �.1scussinn, I 14.--
s
.- - -----_
-- _-s_ *_r al then what we are going through. The -.-
2-21^ tC make a ,�Iecission. It
-ink As}_ you if there is anymore o>- t ' } _
inf matron that- ;-
Funic Hearing, That is the time t'_i=.t we will =_
i, Y 1_=_'ar what you have to say and what your neirhh:-rS
You have a drawing before you made out
v_ncent Filiero, and J:; Ann Wiggin.
_ -« t er : There is an existing house there naw?
-.r: '^here is an existing house there now which th
That is probably 40 years old.
Plct.eliT tear it drwn?
Completely destroy it and they are putting up
��r:1ci'L arca. You }_n, w where Lake1 �� R :�
It says private road on it . I1 the -'=Ft hand •_ I - _ ---_
a. small private road that goes :dov;n in t- thi
area there. It was put into existance �n the 't' Is r
Frivata driveway, right?
^oing east on New Hackensack road exactli where- .
}_ -ne hig white .louse.
rht .._.=t +C th- hwhites hcu, z-, - = _ -_rte
- --- -i; - � y }1 -rte-- � l r 1•:-- -- �'- - - - � -+- -
r.
_ _ 7
CM
-'D70
o u
W, t ?
L a: Wait a second, what are we looking at here??
--hat
is not a legal road. What we are -L�Dcking at
constructing a new home where c.ne exist already.
__: i we
1 ead-
we really do have anything tc say about that?
-onf orm-ing
But, -ou are replacing it with something n ur
no: -,,7 r^ -ti tilt and it requires a variance,
footprint going to b-- larg,--r
Is the of the n=-T,,i home
—Z_1_: -Definitely. It will be a bigger house.
---,ti,,)n regarding this wculd be is it, going
on the road? NTO .
Y. -.,,l won' t have anymore demand cn the
1--'-s.t own the house that is going to be destroyed are
if and when they get a variance.
'rhat will require no more fire protection then. it
1 ,-7 protection, n!D mor;- an%thing. Whn maii,
12 it is miaintained now by a contract agreement -
74:
ad.
Is this that private development that ars und
3.r Knolls.
I jurt -fore the delicatessen.
d
It wraps r (Dun
+
t -i' 1 e q u i I an f urtli
7
L-72
7
on
_40W
-7
j
77 T
i think we can set this down for Public Hear ir)
If
that is acceptable to you? Mr. L�'
:ut the notices. The next item for dis c u ss i c n -Ls
nis,7us a r s appeal t�1!85 1 -quest-L
d -a 21 antenna, r e qu i 2: 1 n g' a 7 11) VariRn-e on
C 1 d Route You are here representing _Cpcoge?
T
Witk-wski, Mr.
IJ1-. .-lappelli is the architect.
S t rot
CUr 4
_Lty Services.
11 t E S tf s S rr, an s . it Jas
s n a business lone. Mr. Witkowski 'V171,10
.. .... ge r Main r e ;- t Has his E
7::4
business w th n t h e s t -; n g f r amn b u 14 1 'd'in
W':_
t I Planning _7 nard t c c b t a i n t- hE i 1- Pi: val.
-S'z -1-hat Mr. Wikowski has, the Security' busing-s.s, he h az
antennas and perhaps he irt, nP. -
need S 4 t
L
_,_=re do you rent in the town now, Mr. Witkcwski
W�-- rent from the Pcttini toys. 157 West M-11-
7-
- in the Village? Do you ha,.,.P- a antenna w1--ra ycv _i
There is a 501 tower on tcp of a C!
1-ii 7
same t� T-,:- rf tower we are 1
-1-c-- attractive if you Will The one we are Tut g
bit mr.re designer type "-ower whi Ch wool`? f i
a 4- there. is t - r What is there �'.inrl of rust after -n=
gn&1- typ';- 7hat is a different ,,75 4: 4- t
7
4- 1,
4: -
on
- .T.1 '"his is it is is all that isv a 1=t_�=
Do you know of one that exist locallyr7
^Ver in Highland, wRwD.
WRWD has the exact same tower.
YD',' be ::ib le t ? a�;e yX)lln+n Jr �r}Zc
don' t see a problem, with) !-hat .
T_t iS not ,a hi:- elle. tulip h,:�ce nn pie.,
v.c _ manly 00" square? I Was imagining 30' square.
�d also like to cel 8. �=tPl
om a.2? of the prnpE.,-t
i
`
- "'=_L.L Jr S�eS . W'= have . `vae Wlll submit 1t next _--
__ - - :_ .andi ng it Will be located .a.;ainst the ez_isting _'w='-_
i: The tower is free standing. Even though
Jr.. I mean it is next to the house, it is not -_- _ _---
_-ow high is the house that is on the property ncoi - -_ -
- -_y0 1,.`story.
mu^11 illfOr^1atiOIi .a.s �7 fiS=_
_i 1 Ji rTv ri-`; iel I Will j -i- Herb, G insight.
Want to s a v' t" b .;� t T ,^s .. tZ t- 1, - ^ ,
7t S Lip t m`2+ 1 =,�IG� I Jg�+
09
+ - -- - - -
- =i
I, jr. That is correct. It is throug-1- "t
access Off Poute C",
could you like to be on the agenda for th:_ Pudic
7 J
Jr.. yt your next availa},1= . Yes .
�Dnt be her=—
will be one member short.
have a hc,use number .n that So Ode Li1d to}:�
=. C) 11 : ^ld Route = I can tell yoLl how you •-an see
i.. dar - idi ng on 'hat.
Carpo-1li, Just so you will
-ht
1 = - Tc + next t -r -:
--- - -- -. _,_ _�i-^.t '_Ip '" e�r?lii7d.'_lm �_K ;�i'_h^.�- 1 - i � •�
No, it. iS not that far �.C'vVn. TFVC small iio - _
Fig1_t next to the auto
Ty`✓ie are north_ � t2=E autC plaCr
- - - --- Those are the two i.onconforming
are on ti_F di11e side as ^1'c-Ti�iali?l
i -
business th at he is in requir-s t}_u -
- Ser i presume that but, the techno''logy is
_._ t„ '._�sc�zy all the different t - = -
er hinds t'_at -'-
_t (:)f t1� e t(DW=•i r%c .1 L t -i
fd
igurein . I have already - = J - L
- an _ n �the aim tc
n -_It as far i, signals go, I have a pilots '!cense-
a radio tip there. We got down about feet d =d -
- - -- , You got down to 5o'?
-
y lave t+_ 1�n`� .�'th_Ii :,. -'j ? � -
i �' still do it . ieve me I t _
Bel kliOvl ie 1'tlle1S ,=tl'_,
- ,,
- ---- '�.,lybCdrr
else have any other question=.
answer to your question, n - D. That is tip
+ S -s .,t to do. 70' where we are now, dust. Pld s
}:eit
+ T
'Dfa m--untaii:
OMA
Cm
*r! v �.l1 1 a --1iQt -C jai_L any ±u t i- _- a .fiti
l a-
_ l IS this
var_anceg
^ur re a.testing ncc`a r�fl pct -
Yes ,
at is what i 'Was talk
-- Thi i:i i t , rI0 m^re t JYer
vvi-.at -I air, Saying is trilS re tleSt fcr a ts ':7aT'i = _
_cyLtir-Ement= ,-_ �t this t -, ani =
1 -
H!"'iwill 1✓' -_>}� , „11 p, �Ji 1 t
wi e the next ...
rI .Y III CI T1 i i •- _t
-fteL t1 is
Prepare a narrative so the }oar c_ ad 1
.� � le d can t_e_ irteill=
JY itj'C�',, itlt�nd t.^ �^ } _
_ iS no other Way for j -r.
_.cerate Ceveral differ'-nt ways. aY S We C".e 1_at -
" t -
u
Y iyS'�1tF cc i y-, We
ars �1i alar:.
- Signs alp over the place? L
- _ h9,,,e ��7 mi 1P r.�:�iLtS is; f1� c t v`Jt� _1 _
- r ' ? ot1 Is rr _ - ar`-a t lit we
"
g land. We have radio signal e
_ Island and back f_r th,--
,
tanks, ]ewelry stores, your domes, i
3 ---J alar7ti Systems 1
_ SLkr ?-v1C. rti Sint1 ^ls -
Pl eG thSC
at
are out. sn the middl ^r
Ti1ei lett+^_ -�la-�. ?Ti i t--7 -
- �gn. y from point " tc Point B thehigher
77 ; up--
_ �-a S 1 e. t i'_2g to
T
can? t get. thrcugh the mountains. m
.z hat 1S tr?-c. reason .,j1. _
at Bcttini's building. Trk or-i_er f(:,, , -
_ed :i_,w i have got to go to a 5C, tower,
v
w - npe'i fcr t11=
0
P.espectfiilly stlbmlt}= -i
Linda riguyen, sere _.r�,