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1994-11-08Town of **M► No 1a ml -Cr Workshop, 4th AMENDED AGENDA Wappinger Zoning Board of Appeals 8, 1994 and Public Hearing Agenda - 7:30 P.M. Approval of the August 9th and October lith minutes. PUBLIC HEARINGS Town Hall 20 Middlebush Road Wappinger Falls, N.Y. ANNeal #1173 - At the request of Craig O'Donnell, President of O'Donnell Development Corp., who is seeking a variance of Article IV, Section 421.6 of the Town of Wappinger Zoning Law whereas a 50' front -yard setback is required and the applicant is showing 41.6 feet, requiring an 8.4 foot front -yard variance. This is a contractor's error. The property is located at 10 Spring Terrace, Glenbrook court and identified as Tax Grid ##19-6258-01-401980-00 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 October 11, 1994 as there will be no environmental impacts with regard to this appeal. Ap-peals 41174 - At the request of Donald Pessia who is seeking a variance of Article IV, Section 421.3, Paragraph 5, of the Town of Wappinger Zoning Law whereas the appellant is housing a commercial trailer on a residential parcel and it is not permitted pursuant to Article IV, Section 421.3. The property is located at 20 Vandewater Drive and is identified as Tax Grid #19-6259-04-746182-00 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 October 11, 1994 as there will be no environmental impacts with regard to this appeal. 3. 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 Tows: 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 419-6257-03-092038-00 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 project on October 11, 1994 as there will be no environmental impacts with regard to this appeal. 4. Appeal 41176 - At the request of Larraine Paggiotta who is seeking an interpretation of Article IV, Section 422.3 whereas nightclubs and cabarets are not permitted in the Highway Business District. The property is located at the intersection of Route 9 and Smithtown. Road and is identified as Tax Grid #19-6156-02-666989-00 in the Town of Wappinger. Wappinger Zoning Board Amended Agenda - November 8, 1994 Page 2 DISCUSSIONS 1. David Seymour - Discuss appeal #1177 requesting a 14.84' side -yard variance for an addition to a single family dwelling located at 178 Old Route 9. 2. Guardian Self Storage - Discuss appeal #1178 requesting a variance of Article IV, Section. 422.25 for a 70-, lot coverage variance. The property is located at 2021 Route 9 between Old State Road and Smithtown Road. 3. Gina Petroleum - Discuss appeal #1179 requesting a variance of Article IV, Section 416.2 whereas only one free standing sign is allowed and the appellant is requesting two free standing signs. 4. Alfred u Nancy Hayton - Discuss appeal #1180 requesting a 7' side -yard variance for an addition to a single family dwelling located at 123 Robinson Lane. 5. Evelyn L. Burns - Discuss appeal #1181 requesting a 21' rear -yard variance for a pre-existing deck to a single family dwelling located at 57 Scott Drive at the intersection of Balfour Drive. 6. Autobahn Cafe - Discuss appeal #1182 requesting a variance of Article .`, IV, Section 416.2 whereas only one free standing sign is allowed and the appellant is requesting two free standing signs. 7. George Odoms - Discuss appeal #1183 requesting 3.2' sideyard variance for the construction of a carport located at 5 Barbara Drive. Town of Wappinger Zoning Board of Appeals November 8; 1994 Minutes Members Present Mr. Sasser: Chairman Mr. Hirkala: Mr. Lehigh: Member Mr. Prager: Others Present Mr. Levenson, Zoning Administrator Dawn Idema, Secretary to the Z.B.A. Dot Groark, Secretary in Training Town Hall 20 Middlebush Road Wappinger Falls, N.Y. Vice Chairman Member JAN 1995 PLANNING BOA3'J 0 Mr. Sasser: I call the Town of Wappinger Zoning Board of Appeals meeting to order. Would the clerk please call the roll? ROLL CALL Mr. Sasser: I would like, for the information of the public, to let you know this building has been designated as smoke free area. There is no smoking in the building or the restroom. If you must smoke, please go out side. Also, please note there is an emergency door in this room and if you exit through those two back doors any direction you go leads to the outside. The first item on the agenda tonight is the approval of the Auaust 9th and the October 11th minutes. I would like to do those toaether. Mr. Lehiah: Motion to accept both sets of minutes. Mr. Prager: Second. Vote: All ayes. Mr. Sasser: The minutes are approved. The first item on the agenda tonight for public hearing is Appeal ##1173. At the request of Craig O'Donnell President of O'Donnell Development Corp., who is seeking a variance of Article IV, Section 421.6 of the Town of Wappinger Zoning Law whereas a 50' front -yard setback is required and the applicant is showing 41.6 feet, requiring an 8.4 foot front -yard variance. This is a contractor's error. The property is located at 10 Spring Terrace, Glenbrook Court and identified as Tax Grid #19-6258-01-401980-00 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 October 11, 1994 as there will be no environmental impacts with regard to this appeal. Do we have proof of publication? Mr. Levenson: Yes, Mr. Chairman we have proof of publication posted in ..r+ Wappinger Zoning Board Minutes - November 8, 1994 Page 1 +�. the newsbaber and by mail. Mr. Praaer: Motion to open public hearing. Mr. Lehigh: Second. Mr. Sasser: All in favor. Vote: Ayes. Mr. Sasser: Is there anyone here representing O'Donnell Development Corn.? Give us your name for the records. Mrs. O'Donnell: Debbie O'Donnell. Mr. Levenson: Mr. Chairman you received a certified survey from Barger, Day and Oswald. You will see on the indication on the drawing there's a 41.6, this is an actual print where 50' is required. The applicant reauested an 8.4 frontage variance. This is a contractor's error. Mr. Sasser: Did the contractor make his decision as to how to shave 8 feet off the face of the house? Ha! Ha! Mrs. O'Donnell: Well, not vet. Mr. Sasser: Does the board have any questions to the applicant? Mr. Lehigh: No, Mr. Sasser: I feel it certainly was an error. I think there is no detriment to any nearby property and I don't think there is going to be any change. I am certainly in favor of granting a variance. Does anybody have any comment? Mr. Hirkala: No. I have no comment. Mr. Sasser: May I have a motion? Mr. Hirkala: Is there anybody who wants to speak? Mr. Sasser: Your absolutely right. I am sorrv. Is there anybody here in the audience that would like to speak for or against this variance? Sir would you come up and state your name please? Mr. Locicero: Anthony Locicero. I live in the Spring Terrace Development and I would like to speak for Mr. O'Donnell. I think that it was an honest error and it should be allowed. 09 on Wanninaer Zonina Board Minutes - November 8; 1994 Page 2 Mr. Sasser: Thank you very much Mr. Locicero. Is there anybody else who would like to speak for or against it? Let the records show that nobody else is here to make a motion. Mr. Lehigh: I make a motion to close the public hearing. Mr. Prager: Second. Vote: All Ayes. Mr. Prager: Motion to grant the variance Mr. Hirkala: Second. Mr. Sasser: Roll call: Your motion is granted as Second. Mr. Prager: Ave Mr. Lehigh: Aye Mr. Hirkala: Ave Mr. Sasser: Aye Mr. Levenson: All present and voting unanimously in favor of granting the variance. Mr. Sasser: The decision will be written granting the variance and will be filed with the Town Clerk within five days. Mr. Levenson can give you whatever documentation you may need before that I am sure. The next item on the agenda tonight is Appeal #1174 with the the request of Donald Pessia who is seeking a variance of Article IV, Section 421.3 paragraph V in the Town of Wappinger Zoning Law whereas the appellant is housing a Commercial Trailer on a residential parcel, and is not permitted, pursuant Article IV, Section 421.3. The property is located at 20 Van De Water Drive and is identified as Tax Grid #19-6259-04-746182-00 in the Town of Wappinger. The Zoning Board of Appeals has declare itself Lead Agency and has made a Negative Declaration of Significance for this project on October 11, 1994 as there will be no environmental impacts with regard to this appeal. Mr. Levenson: Mr. Chairman, and members of the board you have all the documentation that was submitted to this office in your files, and we have Droof of publication in both cases. Mr. Lehigh: Motion to open the public hearing. Mr. Prager: Second. Vote: All Aves. Mr. Sasser: Is there someone here representing Mr. Pessia.? Come forward and state your name please. Mr. Pessia: Donald Pessia. VAW Mr. Sasser: I believe at the workshop hearing, we had requested that someone provide us with this information, Herb or I asked the question of cm ..r Wappi_nger Zoning Board Minutes - November S, 1994 Page 3 v.w whether this trailer was mobile under some power or was it a vehicle or a freestanding trailer? Mr. Levenson: Mr. Chairman, you have a letter from my office on October 21st pursuant to your instructions that the Zoning Board of Appeals meeting held on October 11th the undersianed conducted on site inspection found the trailer in question is properly equipped as a road type trailer. Mr. Sasser: It's driveable? Mr. Levenson: It's driveable. Mr. Sasser: It's got a cab and a steering wheel ..... Mr. Levenson: No. Mr. Lehiah: It's a tractor trailer body. Mr. Levenson: I might say this with authority because I own four tractor trailers. Mr. Sasser: Just for the board's information my feelings on this is that when we are referring to an auto trailer, which is the terminology in the Zoning Ordinance, what is your opinion of an auto trailer? Is that one that is pulled or is drivable? Mr. Lehigh: An auto trailer would have to he pulled by an automobile. Mr. Sasser: Mr. Pescia we have a letter that you have written describing how it got there and the sequence of events which led up to you being here tonight. Do you have anything that you wanted to mention to the board? Mr. Pessia: Yes, I have mentioned that I have never used it commercially for any revenue enhancement and I never will. That was never my intent. I know that in Webster's, and all the major dictionaries, would describe that as a vehicle with wheels or runners to carry cargo and that of course is what I have. Mr. Sasser: With relation to the back property line, where is this trailer sitting? Is it on your property? Mr. Pessia: Yes Mr. Sasser: How far in from the property line is it? Mr. Pessia: About 200 feet maybe. I am not really sure. Mr. Sasser: 200 feet into your property? Mr. Levenson: It's a pretty big piece of property. Mr. Pessia: It's a pretty large property up there and behind that is all about 60 or so vacant acres of land that'I told you about, that really is not all that visible. ``.r .Nair Wappinger Zoning Board Minutes - November 8, 1994 Page 4 Mr. Sasser: I see. Mr. Pessia: The other thing that I would like to mention is that since by all standards qualifies as a vehicle I also use it exclusively for recreation and +I know that I am entitled to a recreation vehicle as well. It is not commercial in anyway, and also I have a bill of sale stating that is was stated as prior to 1982 it was back in 1981 and it was with the graces of the Zoning Board at the time. I did call, and I would never he so bold as to do that. I just called and they said, "sure, there wouldn't be any problem". For thirteen years it hasn't been a problem. I don't feel that it's a piece of junk. It is aluminum composition, it's not rusting. It's the color of the surrounding land. I have a building in front of it, so except for the fall and winter of the year, it's just about indiscernible. Mr. Sasser: Had any of your neighbors ever approached you about finding it objectionable during those thirteen years? Mr. Pessia: No sir. Mr. Sasser: .lust this involvement is what lead un to this evening? Mr. Pessia: Yes, that is correct. I use it regularly. I'm a musician. I do use it, as I stated in my letter. I take it very seriously. I really want to keep it there. It would be a hardship to move it. w Mr. Sasser: Does the board have any questions of Mr. Pessia? Mr. Lehigh: Yes I do. I drove by your property. There are two other sheds on the property, right? Mr. Pessia: Yes. Mr. Lehigh: one is right next to the trailer and one is in the back. Do you have a c/o on both of those? Mr. Pessia: No. Mr. Lehigh: Well, one of them is one the lot line, in the back where it is not suppose to be, unless you have a variance for it. Mr. Pessia: I didn't know that. I put that there about 25 years ago. Mr. Lehigh: Do you know if there is a variance on the shed in the back? Mr. Pessia: No. Mr. Sasser: I thought the lot was 200' deep. Mr. Pessia: I think he is talking about the extreme back. Mr. Lehigh: There are two sheds. one next to the trailer and one all the way in the back. D `.oe Wappinger Zoning Board Minutes - November 8, 1994 Paae 5 Mr. Pessia: I don't feel it should be on the line. The line was a wire fence along the line of trees. The fence has since deteriorated. Mr. Hirkala: This lot is 200' deep? Mr. Levenson: 200' feet deep. Mr. Lehigh: The trailer doesn't sit anywhere near the back. Mr. Hirkala: How wide? Mr. Lehigh: The trailer has got to be, I would say, estimated at 18 - 20 foot long. It's a regular tractor trailer. Mr. Pessia: It has a smaller bodv. Mr. Lehigh: It has the dolly wheels and the whole works. It's not very pretty. Mr. Levenson: Mr. Chairman, let the record state that there was a formal complaint filed on 9-2-94. The adjoining property owner was complaining about it. We investigated it and this is the outcome. Mr. Sasser: Thank you Mr. Pessia. Is there anyone here who would like to speak for or against, regarding this matter? Could you give us your name r"" for the record? Mrs. Pessia: Mrs. Pessia. I think my husband is in error because I think that he does have a c/o on the one far shed. This has nothing to do with the trailer but I think he did have a c/o. After you live in a home for 25 years you sort of mislay things. Mr. Sasser: Thank you Mrs. Pessia. Is there anyone else? Could you give us your name please? Mr. Papo: My name is John Papo, I'm his adjoining neighbor. He says 2001? According to my property, I would say he's about 30' or 251. Mr. Sasser: No, he said that the property depth was 2001. Mr. Papo: Yes, but from my property he's only 25 - 30 feet. Mr. Sasser: Which is the side-vard. Mr. Levenson: Which is the side -yard. It's allowable. That is the side -yard in that district. Mr. Papo: I think it is an eyesore. I have young children. Mr. Sasser: Mav I ask, were you the individual that made the original complaint? Mr. Papo: Yes I am. '*AW ..® Wappinaer Zonina Board Minutes - November 8; 1994 Paae 6 Mr. Sasser: How long have you lived there? Mr. Papo: I've lived there 23 years. Mr. Sasser: Is the neighbor next door the same? Mr. Papo: Yes. Mr. Hirkala: You can see this readily from your property? Mr. Papo: Yes. Mr. Sasser: There is no screening, no trees, shrubs or fencing? Mr. Papo: No sir. That is not an aluminum trailer. That is a rust trailer. This gentleman said that he checked it out and I think he can verify what I am talking about. Mr. Lehiah: I don't know the composition of it but, it is not a very .... Mr. Hirkala: Is it rusted? Mr. Lehigh: I didn't walk down to it and look at it but it is a very brilliant green. It is not attractive, I'll put it that way. + Mr. Sasser: Is there someone else who would like to speak? Yes mam, the lady in purple. Mrs. Beisser: Doris Beisser, I live at 28 Van De Water Drive. I'm against it because I see it from my backyard and from the whole sidevard. I think it is an evesore. My husband would have been here but; he passed away a few months ago so, I am here in his place. Mr. Sasser: Thank you. Is there anyone else that would like to speak on this matter; either for or against? Mr. Jobs: I would like to speak for my son. Mr. Sasser: Are you an adjoining neighbor? Mr. Jobs: Yes. He doesn't like the thina commercial. one commercial and then more come in. The trailer is commercial. one comes in and then it becomes more commercial. He would like it out. Mr. Sasser: Is there anyone else who would like to speak on the matter? Mrs. Pessia: My husband has the bill of sale which was made in October of 1981 and I believe the law was changed in 1982. Mr. Sasser: What law are you referring to? Mrs. Pessia: Something about what would be permitted on property. En ..r Wappinaer Zoning Board Minutes - November 8, 1994 Paae 7 Mr. Levenson: It was changed in 1980 and then changed in 1990. Mrs. Pessia: In 1980? I thought it was 1982, I'm sorry. Mr. Sasser: Does the board have any comments? I do. In reading 421.3 which is on page 43 of your book, if you want to look it up and follow along. Permitted accessory uses, in this residential zone, #5 - allowed is the storage of one each: auto trailer, unoccupied recreational vehicle, boat or single unregistered vehicle provided such trailer, boat or other single unregistered vehicle is effectively screened from adjoining properties. Such storage area shall comply with all minimum yard setback requirements for buildings but in no case shall it be permitted in the front -yard. That is what I have seen so far. Looking back on what setback requirements are, in the rear -yard an accessory building less than 15 feet in height, now I know this is not an accessory building but they don't have a description of what trailers or boats should be as far as setbacks go. They don't discuss that. The minimum setback there is 10 feet in an R-40. Herb. can you answer a question for me, why do you feel that he is in violation? + Mr. Levenson: It is a commercial vehicle. Mr. Sasser: You don't consider this an auto trailer. Mr. Levenson: No, it is not an auto trailer. It is a commercial trailer. Mr. Hirkala: It's a tractor trailer. The bodv belonaed to a tractor ...... before it is a commercial piece of equipment. If you look in the definitions, the only trailer defintion that it speaks of is a travel trailer, which is a recreational use for residential purposes. Mr. Sasser: I didn't realize that this was the back of a tractor trailer. That was what my first question was, is what kind of trailer is it? Mr. Levenson: You can back a tractor up and hook it up and drive it away. Mr. Hirkala: The definition of a travel trailer is a vehicular portable structure built on chassis, designed to he used primarily as a temporary dwelling for travel, recreational or vacation uses. Not to be used as a home owner on vour property. As an accessory building to the property, it. ovens up a whole new category. Mr. Pessia: Mr. Sasser, can I just reiterate please? I don't use it commercially. I never bought it commercially. It probably hasn't been used commercially for manv vears. Mr. Sasser: I understand that but, it is still a commercial vehicle. I think that the determination of whether a vehicle is commercial or not is not how it is being used, it is what it is. Mr. Hirkala: In my view it is both. '\.r -.me Wappinger Zoning Board Minutes - November 8, 1994 Page 9 Mr. Levenson: Mr. Chairman, before we take a roll call. vote would you care to establish a time frame for removal? This board can. + Mr. Sasser: It has been there for thirteen _years, I think we can give the applicant 90 days that would be sufficient time. How do you feel? Mr. Lehigh: I would think 30 days. Mr. Sasser: It has been there thirteen years. Mr. Hirkala: I would have to agree. I think minimum impact, at this point in time, would probably be the best way to go. Mr. Sasser: 90 days. Mr. Prager: 90 days. Mr. Sasser: We will put that in the decision as well. Can we have a roll call vote please? Roll call: Mr. Prager: Ave. Mr. Lehiah: Ave. Mr. Hirkala: Ave. Mr. Sasser: Ave. Mr. Sasser: Mr. Pessia, it has been denied. The decision will be filed with the Town Clerk within five days. You are asked to remove the trailer within 90 days. Mr. Levenson will give you direction, again, on how you need to comply with that. Thank you all for coming tonight. The next item on the agenda tonight is Appeal #1175. At the request of CLY Realty Corn. 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 1_eaal frontage on a town road. The property is located on Smithtown Road and is identified as Tax Grid 419-6257-03-092038-00 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 project on October 111, 1994 as there will be no environmental impacts with regard to this appeal. This is the land locked parcel, is that correct? That were created _prior to zoning? Mr. Adams: Yes, that is correct Mr. Chairman. My name is Jon Adams, for the record. I am appearing on behalf of the applicant. Mr. Lehigh: I would like to make a motion that we open the public hearing. Mr. Prager: second. Vote: All aves. Mr. Adams: Thank you Mr. Chairman. I think the board is familiar with the purpose of the application. I seek two fold relief. One is an area variance of two land locked parcels which I have colored for easy visual reference. For an alternative, an interpretation of the Zoning Law; Wappinger Zoning Board Minutes - November 8, 1994 Page 1.0 basically saying that since these lots were held in separate ownerships prior to the effective date of the first Zoning Ordinance, which I believe was in January of 1963, these lots, as to the frontage requirements do not have to conform to the Zoning Law because they pre-existed the enactment of the town's first ...... Mr. Sasser: Mr. Adams let me just stop you for a second, you has not come before us for an interpretation tonight, you have come before us seeking two variances. Is that what you want to pursue? I don't want you to feel if it is not going your way that suddenly you are not requesting a variance anymore. Mr. Adams: That is concluded in the last portion of my addendum, the interpretation. I am simply asking for alternative relief. Saving that the board has the option of going either way. The first portion of the application, if you correctly observe, is for an area variance. The area variance is based simply on the hardship created by the pre-existing lots. The fact is that these lots pre-existed the Zoning Ordinance in the letter that I submitted to the Zoning Board for Mr. Logan, the Town Assessor, indicating that a review of his records, indicates that these lots pre-existed, be magnum of the first Zoning Law by the Town of. Wappinger. Mr. Sasser: Yes, I think we have copies of the deeds indicating that the first one was 1962 and than it was sold in 1964 to the applicant and then purchased in 1966, the other piece by the applicant. Mr. Adams: Simply to collaborate each other, Mr. Chairman, that is to say that the deeds, in fact there is some deeds that pre -date our clients ownership by I simply submitted those deeds to show that these transfers creating these separate lots, pre -dated again, the enactment of the first Zoning Ordinance. It's also listed in the application various criteria that the board is familiar with as far as it relates to area variances. That is to say that the granting of these variances will create no detrimental impacts on the neighborhood. There consistent with the character of the neighborhood in the sense that we do not propose a change in the use of the lots and that they remain residential lots. There will be a common driveway and remendable to a condition that the driveway conformed, as will have to in any event, to the standards of the highway specifications with the town for driveways which provide in part if there above a certain grade it has to be blacktopped. I would suggest to the board that 10 feet would be a reasonable width for that road. Mr. Sasser: Will there be a deed restriction on these Arooerties requiring the future owners to belong to a ...? Mr. Adams: There will be a maintenance agreement. Yes. In fact I would he happy to submit one for the approval of the Town Attorney. If you deem that appropriate so that as houses are built on these lots, each residence would be required to contribute to the proportion of cost. Obviouslv before there is a residence, there is probably no need to contribute because there is no use of that driveway. But, my scheme would envision, as building permits are issued the obligation to contribute to maintenance would exist. Obviously, the owner, as a condition to convey any of these 0 -Now, Wappinger Zoning Board Minutes - November 8, 1994 Page 11 lots, would have to satisfy any driveway requirements, and that would be a reasonable condition if any variance granted by the board. I want to also indicate for the record, that we have talk to the Highway Superintendent, and he has currently based upon conversations that I've had, that the locations shown on the maps submitted to you is an appropriate location in terms of sight distances and safety. So, we have selected a location that he has deemed best for that particular purpose. Thank you Mr. C'hairman. Mr. Sasser: Does the board have any questions for Mr. Adams? Mr. Hirkala: Would there be a problem of putting a deeper trench in for a further subdivisions? Mr. Adams: You can make a condition of your variance so that ..... MIXED DISCUSSION Mr. Sasser: The owner would he be willing to stipulate that there would be no further subdivision? Mr. Adams: Yes. Mr. Hirkala: What is the frontage on the lot that is being used as the road exit? Mr. Adams: The frontage is approximately 68 feet plus 83 feet plus ... Mr. Sasser: That's a legal lot? Mr. Adams: Yes. I drew the two lots onto .... Mr. Lehigh: You can get the driveway out on it. Mr. Hirkala: Sixty eight, eighty-three and thirty-four, roughly. Mr. Sasser: You still have the frontage though. Mr. Adams: I think fifty feet is your .... Mr. Sasser: Fiftv feet is correct. Mr. Hirkala: What I am looking at here is a possibility of somebody trying to subdivide this other lot up and you are going to end up with the driveway over here. This being three lots plus another subdivision hack here, which in an R-40 area, which you might be looking at somebody else coming in for another variance. Mr. Sasser: Yes, they would have to come in for a different variance which the board would have control over anvway. Mr. Lehigh: Did your client ever ask for a subdivision on this? Mr. Adams: At the time there was discussion but it was never prosecuted to completion because it wasn't necessary. You have four lots owned by on N" Wappinger Zoning Board Minutes - November 8, 1994 Paae 12 separate deeds. That was discussed but never prosecuted to completion because it wasn't necessarv. Mr. Sasser: The ownership of the lot, pascal one, two and three are owned by the same individual? Mr. Hirkala: Who owns parcal four? Mr. Sasser: Parcal one is _ Mr. Adams: All four lots. Mr. Sasser: That is correct. Mr. Adams: You have two lots with frontage, two without frontage. They are all owned by the same corporation; ves_ Mr. Hirkala: All four lots, that we see here, parcel 1, 2, 3, 4, are owned by the same entity? Mr. Adams: That is correct. Mr. Hirkala: There is nothing that says that they couldn't re -subdivide this property to bring the lots out to the road? Mr. Sasser: Except that he has Just now agreed that he would Mr. Adams: We couldn't build without coming back to you, amendable to the restriction. Mr. Sasser: That he wouldn't subdivide? Mr. Adams: Yes. or he certainly wouldn't reset the volume without vour permission. As a practical matter, these interior lots are not going- to lend themselves to that type of development because then you would have to put a road in. It lust doesn't become practical from an economical standpoint. Mr. Sasser: Riaht. Excuse me, were lust going to take a two minute recess_ RECESS Mr. Adams: I'd like to correct a response about Mr. Lehigh's inquire about subdivision. Talking to my client in the break. There was at one time, apparently an application for subdivision affecting several of these parcels, and would have a larger density if shown on the four lots here. That was not prosecuted to completion, so it was an abandon. There is no present, let me emphasis, there is no present plans right now as to these lots other than to sell these lots at a present status. Another words this is not a stage one per subsequent developement. The owner has no present intention that is wise to these two lots. We are amendable to the restriction that the board purposes or has suggested as a condition, that one of the conditions was for the application. En `..r' Wappinger Zoning Board Minutes - November 8, 1994. Page 13 Mr. Sasser: Which condition? Future subdivision? Mr. Adams: Yes. Mr. Sasser: O.K. Mr. Lehigh: Do you have anything written from the Highway Supervisor as to say where he prefers the driveway or that it's o.k. in this ._. Mr. Adams: No, I can only represent that the conversation took place. If the board deems the application should be completed by that submission, I would be happy to get a letter, but I can't make any .... Mr. Sasser: Herb, I'm not sure that he would do that. Mr. Prager: Does Graham Foster have the authority to make recommendations as to where driveways locations should be? Mr. Levenson: Sure, that is his lob. Mr. Hirkala: That is a county road, isn't it? Or town road? Together: Town road. Mr. Adams: He and Mr. Paggi, I believe, have both been consulted on this and both ... Mr. Hirkala: If it is a town road, it's him. If it's a county road, it's the other way. Mr. Levenson: County road has to go with DPW. Mr. Sasser: But, your indicating both Paggi and Graham Foster? Mr. Adams: Yes. Mr. Sasser: Thought this was the most appropriate place for this drivewav? Mr. Adams: Yes. Mr. Sasser: Can I ask you what town standards you are referring to with regard to the driveway? Mr. Adams: Yes. You have highway specifications and page 14, of the highway specifications, which I've highlighted, with the heading driveways. Mr. Sasser: I'd like to -lust read this for the record, so it will he in ,ftw evervbodies copy when they get it. "Driveways. The developer should soon lav out and construct all driveways both within and outside the limits of the right of away That the grade within 25 feet of the edge of the road shall be no less than 2% plus or greater then 41; plus absolute. The `%W '"aw Wanpinger Zoning Board Minutes - November 8, 1994 Paae ]4 first 25 feet of all driveways shall be paved. Any driveway with a grade 6. or greater shall be paved in it's entirety." Mr. Adams: Could I supplement that? I have spoke with the engineer today who has been acting as a consultant, and I asked him what would be appropriate, keep in mind this particular section of. the Zonina ordinance 412; basically emulates Section 280-A of the Town Law that says you have to have frontage or in the alternative, means for emergency vehicles to have access to these lots. I mean a frontage roll in part has it's inputance in the concern that emergency vehicles have adequate access to the premisses. Mr. Sasser: Mr. Lehigh, you had some specific concerns about that. Mr. Lehigh: I certainly do. Mr. Adams: He has indicated to me that a road of 10 feet in width would be adequate to afford access to the interior lots for emergency vehicles, such as fire trucks. Mr. Lehiah: Being the ex Fire Chief, I'd have to disagree with him. By the time you got 20 or 30 vehicles in there with volunteer Fireman coming in and an engine, and a tanker, and six inches of snow, you are going to have a very tough time getting in there. That is why the town requires you to have a road, o.k. that is why they like to see a road. Now on this driveway what is the grade of it? I see no grade on here. Mr. Adams: I believe it will in excess of 6, Mr. Lehigh, which would require for the town specification that I lust deluded to that the entire length of the driveway be blacktopped. Mr. Sasser: no you know how wide the driveway will be, 10' you said? Mr. Adams: Well, it was suggested to me in my conversations with the engineering firm of Grey, Railing & Heinsman; If you want to consult with the Town Engineer I would suggest that inquiry be made. There is no specific specification in the driveway standards that you have that addresses, made that inquiry today thinking it would bP a concern of the board. Mr. Hirkala: Do we have a precedent, we had a case sometime in the past where there was a driveway; a public sidewalk, a major side of the hill. The property would have had accessability problems. Thev had to come through for a variance for a grade, and the bend in the property, the furniture couldn't get past. Mr. Levenson: La Due. Mr. Hirkala: Yes. La Due. What they did is they handled that with the Fire District and the Fire Inspector, and the way it was done was what they determined that what ever was required by the Fire Inspector was what had to be done in order to make it a buildable lot with access to the property. That is why I asked if you have any further subdivision plans or if they would ao for a deed restriction, without further subdivision. **ftw on ,Romw` Wappinaer Zoning Board Minutes - November 8, 1994 Page 15 Because, If we end up with a situation with a lot this size if someone goes back in with a subdivision request and they have inadequate access we will have a whole bowl of hot wax on our hands. And, I personally would feel that if the owner was amendable to the no further subdivision deed restriction, I would be perfectly willing to let the Fire District. the Fire Inspector, and the Building Department to work out what is reasonable. And they tell you, they work out what is reasonable for access to the property. Because we are talking about one house. you see were not talking about 5 or 6, or 7 different houses. Were talking about one house. Mr. Sasser: I think that the correct wav to do that then is to probably be to have them do those things first then come back before the board with the recommendations. Mr. Lehigh: Then, make their recommendation, we did the best to make their recommendations part of Mr. Adams: I agree with Mr. Sasser's analysis but, I'd like to know in advance what the standard is going to be so that I can ... Mr. Hirkala: Riaht. Mr. Sasser: Well, you guys interrupt me or correct me if I'm wrong but, what they seem to be looking for is a recommendation from the Highway ,ftsw Superintendant that he feels that the proposed entrance to the town road is the best possible site. You want something from the Fire Inspector? Mr. Hirkala: Well, not the Fire Inspector. Fire Prevention Department, let them look at it and see what thev think. Mr. Sasser: Then, you want a written opinion of how big the road should be? Mr. Lehigh: I would like the length of the road, the placing of it It looks to me, and I have no way of knowing what the topography is because there is no elevations here or anything else. What it looks to me like it would be easier for you to bring an access, driveway I'm going to call it, in on lot 4 to serve 3 and 2. Rather then brina it across parcel 1 but, that would depend on the topography you have a lot more road frontage on Smithtown Road on that lot. Mr. Adams: Mr. Lehigh. This was looked at in terms of topography. In fact, this was selected for that very reason and _I_ appreciate your looking at that in blind map in terms of the topo's. I'd be happy to get a letter of explanation from the engineers ... Mr. Sasser: Was Jay our engineer or did you -Just consult him? Mr. Adams: We have an engineer who has already looked at it. He could provide his opinion and it could be reviewed by Mr. Pagai_ Mr. Sasser: All right, I think we wanted an opinion from an engineer. This is the best possible .__ ...r Wappinaer Zoning Board Minutes - November 8, 1994 Page 1.6 Mr. Adams: Right, It has been done and it hasn't been reduced to writina but, it is available to you if you so requested. Mr. Hirkala: Well, that is nice. Anything he presents is going to have to go through the buck list and it's going to have to be approved by Jay anyway. Right? Herb? Mr. Levenson: That is correct. Mr. Lehigh: Jay, what ever application is made for any one of these lots, it's going to be sent to Jay and Jay is going to have to approve them. Mr. Levenson: Should we alter the requirements that you are asking for, so that I can set the thing in motion, and have Mr. Adams set a meetina un for Mr. Adams and for all people concerned? y Mr. Lehigh: Yes. We would like to see the Fire Prevention Department ao over the plan. We would like to see Mr. Sasser: And provide you with what? An opinion? Mr. Lehigh: An opinion_ Mr. Hirkala: Let the Fire Prevention Bureau tell us whether 10' is enough. His engineer tells us 10 feet is enough but, we can't rest our opinion based on what verbally ... Mr. Lehigh: I would like to see the Road supervisor and have a written opinion on it. If that is the best place for the driveway across lot 1 or across lot 4? I'd also like to see the Town Engineer look at it_ Mr. Sasser: Got any other? Mr. Lehiah: Personally, I was going to go out and have a on site inspection myself. Mr. Sasser: We have a public hearing going actually. I want to see if nobodies here tonight. Is there anyone in the audience who came who would like to speak with regard to this particular matter? I would like a motion to adjourn the public hearing. Mr. Adams, let me lust ask you this. Our next meeting is November the ?_2nd. However, we are going to have a very small board that day. There is going to be a three member board and conseauently it would require if it was decided that nicht for you to have all three members vote in favor of your Mr. Adams: I think that is to short, quite frankly. Mr. Sasser: I would suggest that you wait until at least December 13th. err. Mr. Adams: I agree. Mr. Sasser: Can I have a motion to adjourn this public heari_na until December 13th_ NOW ..r" Wappinger Zoning Board Minutes - November 8, 1994 Page 17 Mr. Lehigh: So moved. Mr. Prager: Second. Mr. Sasser: All in favor? Vote: All aves. Mr. Sasser: It will be adjourned until December 13th. Mr. Adams, you left me this paper highlighted with the driveway information_ + Mr. Adams: You want me to retain it? Mr. Sasser: I'd like to give it to Herb so, he can make copies for the board and then ... Mr. Levenson: You can give ,Ion and I will make copies of the Mr. Sasser: Next item on the agenda tonight is Appeal #1176 at the request of Larraine Paaaiotta who is seeking an interpretation of Article IV, Section 422.3 whereas nightclubs and cabarets are not permitted in the Highway Business District. The property is located at the intersection of Route 9 and Smithtown Road and is identified as Tax Grid vftw #19-6156-02-666989-00 in the Town of Wappinger. Is there proof_ of publication? Mr. Levenson: Yes, Mr. Chairman. Proof of publication of the newspaper: and the mail. Mr. Sasser: Mav I have a motion to open the public hearing? Mr. Prager: I make a motion to open the public hearing_ Mr. Lehigh: Second. Mr. Sasser: All in favor? Vote: All ayes. Mr. Sasser: Is there someone here representing Mr. Paggiotta? Mr. Sexton: Yes_ Mr. Sasser: Yes sir. Mr. Levenson: Mr. Chairman, as you have in the Mr. Sasser: Excuse me but, for the record can have your name? Mr. Sexton: Yes, John Sexton. S E X T O N. Mr. Levenson: As the record indicates thev are asking for interpretation of 422.3. You have a letter from Blue Star Industries basically. ,"me Wappi_nger Zoning Board Minutes - November 8, 1994 Page 18 addressed to me and signed by Mr. Prince, the President of Blue Star Industries. Telling you the operation of how this is going to operate. As per your request at the last meeting, you asked for a definition of the word discotheque. I have researched it. The word discotheque is not defined in the Zoning Law in the Town of Wappinger nor in Anderson's Book, nor in Lehman's Book from Canada. I have the Zoning Dictionary from Canada. That is all I can say except, Mr. Sexton will make the presentation. I thought Larraine was going to come? Mr. Sasser: Mr. Sexton? Mr. Sexton: Yes. Well, actually what we are proposing is not a discotheque. It is a catering facility that would accommodate 300 People. Along with that there is a small lounge area that we would like to open up on a 4 day week basis, to accommodate people coming from a function within it or also to afford a place for local people to come. Some up scale entertainment. Some light dance music. A nice environment in our lounge ... Mr. Sasser: A catering operation and a small bar. Mr. Sexton: Primarily to catering ... Right. Which also enhances the catering facility and also offer a place that we can run some entertainment. Mr. Hirkala: Open to the public nightclub type operation? Mr. Sexton: Right but, it would be open 4 nights a week, Wednesday through Saturday and tied into our catering operation. Mr. Hirkala: What is the interpretation request then? Mr. Levenson: The interpretation request is Mr. Sasser: Whether this meets the law? Mr. Levenson: Whether this meets the law? Nightclubs or cabarets are not permitted. Mr. Sasser: Let me just tell you what I found in my research. It appears to me from what I read, and I am going to open this obviously listen to people from the public but, under Highway Business, "The following uses are allowed by Special Permit of the Planning Board. Places of amusement. billiard parlors, bowling allies, discotheque's etc.." Now etc.. is very all encompassing word. "Permitted as right are restaurants or other places serving food or beverages." If you go to Special. Use Permits it says that the general previsions 431 stated, "All such uses are declared to possess such unique, special, and individual characteristics that Pach specific use shall be considered as an individual case." My opinion, this is not just a bar. It is not really just a restaurant. It is not really Just a disco. It is not really just a place to dance. It is not + certainly what I think a caharet is. From everything that I have read it certainly has the potential of being granted with a Special Use Permit because it is individual. It is a very unique kind of thing that I think `'fir .✓ Wappinaer Zoning Board Minutes - November 8, 1994 Paae 19 the Planning Board should be deciding, whether they would be granting the Special Use. Mr. Hirkala: I firmly believe that this is a Special Use operation. Mr. Sasser: I do as well. Mr. Levenson: That is the next step. Mr. Sasser! Is there anyone here in the public who would like to speak reaardina this interpretation? ` Mr. White! Clarence White. I would like to know what is going on? Mr. Sasser: Mr. White, we have an individual who is .requesting this board make a decision about what this particular operation is and whether it is permitted under the Zoning Law. Mr. Sexton has told us tonight that they are looking to take, you know which building we are referring to? Mr. White: I believe so. Mr. Sasser: Plant Depot building. Is that correct? Mr. Sexton: Correct. V`" Mr. Sasser: The Plant Depot building and making a catering facility out of that. That would be also open to the public certain nights of the week. Mr. Hirkala: You are taking about the Plant Depot facility? Mr. Sasser: The one right next to it_ Mr. Sexton: The one adjacent to the Plant Depot. It is a 10,000 square foot building. Mr. Sasser: Where the furniture place used to be. And he is asking whether this board feels that he has the right to have this or he doesn't have the right to have it. If he doesn't have the richt to have it; what he should do to appeal that decision. Tonight we are not granting him permission to have it or not have it. We are just interpeting what the law is. What we have just said up here now, so you understand what we are going through, it is my opinion and it appears to be Mr. Hirkala's opinion that the applicant possibly has the right to do it. But, he would have to ao before another board, which is the Planning Board. The Planning Board would look at what his proposal is, have another public hearing that would give everybody the right to speak regarding the matter and thev would he the one's to make that decision. My opinion is that he does have the right to do it provided he goes to the Planning Board and the Planning Board grants him a Special Use. He doesn't have a right by law to use it but, if he convinces the Planning Board that it will be a good operation and there is not many objections and they feelit should be granted; they have the right to grant Special Permits to allow that in that district. vrr rs Wappinger Zoning Board Minutes - November 8. 1994 Page 20 Mr. Hirkala: Can I clarify what you are saving? Special Permit Use is a right. If we determine that under our Zoning Ordinance his request falls under Highway Business, then he has a right to that use on that property. The only thing that is to be determined by the Planning Board. Number one, of the normal circumstances would be the Site Plan Approval for commercial use. Secondly, a Special Use Permit, public hearing would be held to determine what if any impacts to the neighborhood are possible and to mitigate those impacts and what conditions should be placed on the Special Use Permit. You have to say that if we determine that he has the right to do that, the Planning Board can't deny it. Mr. Levenson: I think Mr. Chairman one of the questions that was brought up to me was the parking. Plant Depot operates 5 or 6 o'clock in the evening. This is going to be an operation into the evening beyond 6 o'clock. Mr. Sasser: That is fine but, again I don't think that is really appropriate. That is not what we are considering. We are lust talking about .... Mr. Levenson: The issue was posed to me because, somebody got the notice and came into me and asked me about parking and I explained it to them that .... Mr. Sasser: If someone in the public wanted to discuss it I would refuse **AW to discuss that tonight. This is not the proper venue for that. Mr. Hirkala: Well, also an explanation. If anybody has a problem with anv of the physical conditions that might exist on the site. The proper place to bring that out is the Planning Board, at the Site Plan Approval public hearing or the Special Use Permit public hearing. The Planning Board has the right to tell them that they can not use the property to the extent that they want to use it because they don't have the proper parking, if they don't have the proper parking. Mr. Sasser: The Planning Board has the right to mitigate. Mr. Hirkala: They could tell them no, we have got 1.0,000 and you can only use 5;000 for that purpose because you can only park enough cars to cover 5,000. They can tell them that. Mr. Sasser: For your information here tonight, what they have proposed is the caterina facility and several nights a week it would be open with a bar and a place for dancing_ Mr. Sexton: Primarily it is a 10,000 square foot operation. The catering facility would accommodate 300 people. So, I would sav probably 80% of all of the facility would for catering. What the issue with the nightclub thing is the fact with the catering doing weddings receptions, typeof reunions, that type of function there is entertainment involved with it. ,. So that kind of falls in that same category. Mr. Sasser: Consequently, what we are deciding tonight is does the law as it exist in the Town of Wappinger allow him to do that? Now, I will just Wappinger Zoning Board Minutes - November 8, 1994 Page 21 read again so everyone can understand where we are coming from. Reading out what the Zoning Law is in the Town of Wappinger it says, this district by the wav is Highway Business that is the zoning where this building is, "The following uses are allowed by Special Permit of the Planning Board, except as noted. Places of amusement, billiard parlors, bowling allies, discotheque's etc_." In my opinion what he is proposing fits under that. It also says that under Highway Business, "The following uses are permitted by right, as permitted principal uses subject to the requirement and conditions set by the Planning Board. Restaurants or other- placer serving food or beverages." That certainly in my opinion fits under an h allowable use. It also says "That all sucuses are declared to present such unique, special and individual characteristics that each specific use shall be considered a an individual case." This certainly falls tinder that because it is several applications coming together as an individual type use. Again, that is the only thing this board is considering tonight. Not necessarily granting the approval for this proposaltoexist but, simply to give him the authority to go before the Planning Board and go through the public hearing process. Are there any further people here to speak for or against it in the public? Mr. Sexton, do you have anything else you would like to add? Mr. Sexton: No. Just we feel the proposed project would be an asset to the community. Bring revenue into the area and also afford new lobs. 30 to 50 people. It would be a class operation. *MW Mr. Sasser: Can I have a motion to close the public hearing? Mr. Lehigh: So moved_ Mr. Prager: Second. Vote: All aves. Mr. White: You can't discuss the problem we are having ...? Mr. Sasser: The Planning Board would be really the appropriate place for that. Mr. Hirkala: We don't have any authority on that. Mr. Sasser: There will be a public hearing and that will be the venue where everyone will he able to come and discuss any concerns no matter what they might be. Mr. Levenson: You would be in the same process but, the Planning Board will send out a public notice to all the adjoining property owners, like this one was and you will get the opportunity to speak to the Plannina Board with regard to the Site Plan application and the Special. Use Permit. Mr. Hirkala: I think we should have a discussion. Mr. Sasser: O.K. Let's discuss. Mr. Hirkala: One of the points that comes to mind is on the Iiiahwav *ft, Wappinger Zoning Board Minutes - November 8, 1994 Paae 22 Business. Said the restaurant or other places serving food or beverages including .... Is that considered something like this? Mr. Sasser: I think so. Mr. Hirkala: I think restaurants would probably be considered to be the catering portion of it but, what about the lounge portion of it. Mr. Sasser: Place serving beverages. Mr. Hirkala: Where? Mr. Sasser: The one you just read, #t7. "The restaurant or other places serving food or beverages. Mr. Hirkala: It also brings up discotheques over here which is with recreational use, which is subject to Town Board approval. Mr. Sasser: I got hung up on the word discotheques but, I was saved by the word etc. Because I would believe that was the intent of whoever wrote this. Mr. Hirkala: When they say discotheque, one of the things that hothers me; we don't have any interpretation of the word discotheque. From VMW personal experience, which I am sure all of us can attest to, you go to someplace called a discotheque, if it might be a dancing place'a place you might go with whoever you are with and have a few drinks and dance and recreate. Sit at tables have a few drinks not necessarily pool. If the band is playing or whatever. That has been known in the past as a discotheque. Mr. Sasser: I agree with you 100 - Mr. Hirkala: But, is that what was meant? Another words, what the intent of the Town Board was when they created the Zoning Ordinance and this definition. Mr. Sasser: This was amended in 1980 wasn't it? Mr. Levenson: The Zoning Law? November 19, 1989 effective January 1, 1990. Mr. Hirkala: That is one of the things that I am hung up on. Under normal circumstances, I'd say well, yes, o.k., it is a blanket type thina and just throw it out but, it is not. The wav this is written up, if this is written wrong fine then we have to make a determination whether or not thev stated the intent right. Mr. Sasser: I felt the same thing and they did put etc. there and I believe that the intention of putting that there was to, well, what does -*ft, etc. mean? Things of the same thing on and on and on. Mr. Hirkala: If you notice on the ... it says subject to Town Board approval, Section 426. Now, are we going to say to this applicant ves M -low Wanpinaer Zonina Board Minutes - November 8. 1994 Page ?.3 this applies and is allowed in Highway Business under what section? Section 7, page 50? Or Section 7, page 51? One is approval by the Town Board which is a permitted pr_i.ncipal use, no Special Use Permit. The other Special Use to the Planning Board, but also the Town Board. Mr. Sasser: I would not feel comfortable with 50, 7 because of the bar portion of it but, I certainly would feel comfortable with 51. No. T am sorry. You know what, go to page 94, go to 430. It is unique and special. Mr. Hirkala: That is common Special Use Permits. That is a common, anything that is allowed on Special Use Permit is automatically assumed to fall under that category as unique and special to ... to require Special Use Permit. To what extent is the permit application to be, how hard is it to be looked at? Is it to be looked at only by the Planning Board or is it to be looked at by the Town Board also? This is determined when it is looked at it is the impact is the determining factor. Is there going to be an impact or a potential impact for an adjoining residential neighborhood to be impacted by a lounge, discotheque quote or whatever tvpe operation. You see what I am saying? This is to me the primary thing when it comes to a commercial application like this adjoining a residential neighborhood. Are these people going to be put in the position where they are going to have 3 or 4 o'clock in the morning activities on their front porch? �..- Mr. Sasser: Is this contiguous with R-40? Mr. Hirkala: Yes, it is. It is right across the street from residential. Mr. Prince: My name is Michael Prince. Could we see a description of the lounae? Board: Yes, I have it. Mr. Prince: You are referring to it as a disco and the theme is aoina to be popular standards. Mr. Hirkala: I hear what you are saying but, see once you get approval that can change. You see what I am saying. If the detective mechanism is build into our deliberations it for whatever conditions might exist. Mr. Sexton: Right but, if I could say something, if you can see the extent, if you look at the blue prints, the extent of the investments going into this property and primarily as a catering facility and the lounge being an ...... to it. That is our main function. Mr. Lehigh: By your letter, I don't interpret it as a discotheque. If I was asked to approve it under a discotheque, I would definitely say no. Mr. Sexton: It is not meant to be a night club discotheque. Another words back in the 70's with all the lights and .. Your looking at a lounge primarily. Mr. Lehiah: So, he is asking for an interpretation. I don't really think ..+, Wappinger Zoning Board Minutes - November 8, 1994 Page 24 he needs it. I think he has got an allowable use under: restaurant and other Maces that serves food or beverages. Mr. Hirkala: What does he have? You see if you look at his letter, his letter states, "As a ...." Mr. Lehigh: A discotheque means to me would be loud music, lights, floor shows, and so forth and so forth. And, he is stated here that he is not doing that. Mr. Hirkala: That is not the point. It says here in this letter that they want "For dancing, a single pianist or small band would play Miller/Goodman/Shaw/Dorsey-type music." Fine. When we get to the open that could change. Mr. Sasser: Michael, the problem would be .. Mr. Lehigh: If it was a restaurant he could still do the same thing. Mr. Sasser: No. He would be cited with a violation. Mr. Hirkala: My point is under which activity? He may be cited with a violation but, I think the further protection of the Town Board being the approval factor was written in here lust to make sure that wouldn't happen and the residence wouldn't have to go to the Town Board or the Zoning I%W Administrator and say why don't you cite this guy. Mr. Sasser: A side from the catering facility, during the week when it is open, you are going to have perhaps a band there? Mr. Sexton: We are looking at possibly a piano bar. Two or three piece_ group. That is the type of thing. Mr. Sasser: Will it be a place where people come to have a drink or two and listen to music, without having dinner_ Mr. Sexton: Yes. Right. We are not trying to compete with other restaurants in the area. We are trying to be permanent catering facility. The lounge would also be an addition to our catering because people would come say for a wedding reception or a funtion .. Mr. Hirkala: My only problem is the extent of the impact. That is my problem. I feel that the Special Use Permit process is the riaht interpretation as far as the intent of the way this was written. Mr. Sasser: It has to be that way. Mr. Hirkala: Not if you go by 50 - 7. Mr. Sasser: It is more then lust that. If it was only a restaurant then 71 vr. yes 50 would be fine but, it is not only a restaurant. Mr. Hirkala: That is what I am saving. 005 -MOK Wappinger 7oning Board Minutes - November 8, 1994 Paae 25 Mr. Sasser: It is also a place where people can come and have drinks and dance which takes it out of 50 and puts it into 51. Consequently, because of that use it has got to be Special Use Permit_ Mr. Levenson: Mr. Chairman, I discussed with Mr. Paggiotta and Mr. Prince and Mr. Sexton. They were in my office. I told them you are only going to aet an interpretation from this board and they are going to go to the Planning Board. They are going to do Site Plan and they are going to do a Special Use Permit. Definitively. Mr. Hirkala: But, Herb that all depends on our interpretation, saving which section it is. If it is the Highway Business section, now that the determination is which section it is. The Special Use Permit or the other one? The other one also has restaurants or other places serving food or beverages. Mr. Sasser: I would like to make a motion and then we can have discussion on that motion that we made then. I would like to make a motion that the use the anulicant has come before the board and asked our interpretation of would require a Snecial Use Permit because of the music and serving of beverages without it necessarily being just a restaurant. My motion is the interpetation that this parti.r,ular application requires a SpeCial Use Permit. Mr. Levenson: It automatically has to go there. Thev can't aet a "�. building permit - Mr.r Mr. Hirkala: I agree. I think it does. Mr. Lehigh: I feel that there is more then one restaurant in town that has games and dancing. Mr. Sasser: But, if it is a restaurant you go there to eat. Mr. Lehigh: That is all right. You can go there to eat. Mr. Sasser: No. He just said people will come in to listen to a band and drink. Mr. Lehigh: You can't go there ...? Mr. Sexton: It is just a catering facility like the place across the street. Mr. Levenson: It is going to be like the place where Verailis and Stenger moved in. Mr. Sasser: No. It is not because neither one of those places have .. MIXED DISCUSSION I*AW Mr. Lehigh: It just doesn't appear to me that it is a discotheaue. I think you are being very liberal with the word discotheque. I think discotheque has no place what so ever in what we are doing. CM ..,rr Wappinger Zoning Board Minutes - November 8. 1994 Page 26 Mr. Hirkala: If is a lounge and dancing is going on Mr. Lehigh: You have that in a restaurant. Mr. Sasser: Can we have a roll call vote on my motion please? ROLL CALL Mr. Praaer: Aye. Mr. Lehiah: Nay. Mr. Hirkala: Ave. Mr. Sasser: Ave. Mr. Sasser: Regarding a Special Use Permit, your next step would go to the Planning Board. That was the last item that was on for public hearing toniaht. We have a number of discussions before the board. Did we close the public hearing? Mr. Lehiah: No. Yes we did. Mr. Prager: I seconded it_ Mr. Lehigh: I made the motion. Mr. Prager: Didn't I? `w.. Mr. Sasser: Ladies and gentlemen, I know probably most everybody here is here for the discussion tonight. I just want to tell you what this is really all about. This is not a public hearing. This is not a time when we will allow people to speak for or against it. This is a time that the board will look at the application that has been given to us and decide if there is anymore information that we might need before we actually have a public_ hearing. Consequently, the public hearing we hope that we would be prepared and have all the information we would need, to make a decision. Individuals are not necessarily permitted to get up and speak unless we have a question of that applicant. One thing I do want to make you aware of though. This board currently is one member short. The Town. Board is in the process of appointing another member. It is currently a 4 member - hoard. Yet, the law requires then we vote there be a plurality really a 9 member board. We still have to have 3 votes in order to cast anv resolution or anything that we are voting on. We have a problem coming up on our next meeting, November 22nd. Items that are on for discussion toniaht would normally have a public hearing on November 22nd. I will not be here that night. Herb Levenson will not be here which doesn't have anything to do with the vote but, he won't be here just for your information. Which will leave a three member board. I will leave it uro to each of the applicants to decide whether they want to go before the board on the 22nd, with there being three people here. What that would mean is you would have to convince all three people who are here of what it is you are looking for to get that vote. I am also going to give you the opportunity if you don't feel comfortable doing that to choose to have the hearing on December 13th. At which point we hope to have a full board sitting. The choice is going to be up to you. I know that there may be some people who have closings pending or some other reason; refinancing, whatever. For some other reason they require a much quicker decision then O ,..r Wappinger Zoning Board Minutes - November 8, 1994 Page 27 I%WI December 13th. You certainly have the opportunity to go before the board before then, we will let you know. The first item for discussion tonight tonight is David Seymour. Discuss Appeal #1177 requesting a 14.84' r side -yard variance for an addition to a single family dwelling located at 178 Old Route 9. Seymour application, do we have mans? Mr. Prager: Yes_ Mr. Lehigh: Such as they are. Mr. Sasser: Such as they are. Mr. Levenson: You have a survey. Mr. Sasser: You are right, we do have a survey in here. The first question, I would like to know is how two single family houses came to exist on one parcel? Mr. Levenson: Pre-existing condition. Mr. Prager: The part with the X on, what is that right now? Mr. Sasser: The part with the X on it is probably the addition. Mr. Prager: No_ Mr. Levenson: That is going to come out. Mr. Sasser: That is going to come out? Where is the addition going? Mr. Prager: So, they are going to take that wall out? Mr. Levenson: They are taking that portion out where there is an X. Thev are rebuilding the deck right there. Mr. Prager: Is that a deck now? Mr. Levenson: Yes. Mr. Sasser: Are we talking about is the addition a deck? Mr. Levenson: It is a deck we are talking about_ Mr. Sasser: It didn't say that. It says an addition to a single family dwelling. I assumed it would be a room. Mr. Prager: I did to. Mr. Sasser: Is Mr. Seymour here? Are you building a deck? Mr. Seymour: A room_ 'hlpr Mr. Hirkala: What is on there now? C" ..rr Wappinger 7.oning Board Minutes - November R. 1994 Page 28 N%W Mr. Seymour: A room_ Mr. Hirkala: You are taking the existing room down? Mr. Seymour: The existing room that is on there now is falling down. Mr. Hirkala: So, you want to replace it with a bigger.- room? Mr. Sasser: Mr. Seymour I would like it if possible that you could provide us with some photographs with what is there for the public hearing. I don't want you to get a professional photographer. Just take your camera and take a couple of snap shots of it. I would like to see what it looks like now. Does the board have anv other cruestions? Mr. Hirkala: Where is this located? Mr. Levenson: Old Route 9. Mr. Hirkala: There is a lot of Old Route 9's in this town. Which one? Mr. Seymour: We are down by N & S_ Mr. Hirkala: So, you are adjoining the old IBM warehouse property? Mr. Seymour: Thev are in the back of me and one in the front. Mr. Sasser: Mr. Seymour would you like to have your public hearing on November 22nd with a three person board or December 13th with hopefully a 4 member board? Mr. Seymour: The 22nd would be fine. Mr. Sasser: Can I have a motion from this board to declare Lead Aaencv? Mr. Lehigh: So moved. Mr. Prager: Second. Vote: All ayes. Mr. Sasser: Can I have a SEOR? Mr. Lehigh: I move for a Negative Declaration. Mr. Hirkala: Second. Vote: All avec. Mr. Sasser: Mr. Levenson and his staff will tell you what you need to do to notify the adjoining property owners. Mr. Hirkala: We set it for November 22nd? Mr. Sasser: November 22nd. The next item on for discussion, Guardian Wappinger Zoning Roard Minutes - November 8, 1994 Page 29 Self Storage. Appeal i#1178 requesting a variance of Article IV, Section a422.25 for a 71-� lot coverage variance. The property is located at 2021 Route 9, between Old State Road and Smithtown Road. This is behind the Meineke Muffler building? Mr. Levenson: Right. This had been at the Planning Board and you have a letter that the Planning Board asked me to send to you, advising that they Mr. Sasser: Can I ask you how it got before the Planning Board? was it a Subdivision? Mr. Levenson: No, it is for a Site Plan. The board supports .. Mr. Sasser: This is for a new mini storage area? Mr. Levenson: Yes. Mr. Hirkala: what I would like is for the Planning Boards minutes. You sent us a letter stating that the Planning Board supports the variance reauest. I would like for my deliberations to read the Planni_na Board minutes and find out what the -Justification is for supporting their claims. Mr. Sasser: Dawn, when is those minutes coming out? Mr. Levenson: No. These are out. This was before the board in October. So, there are minutes available and we will search them out. Dawn Idema: I don't know if they are approved vet_ Mr. Hirkala: Send us copies of what the discussion was on that particular, so we don't have to leaf through the whole night_ Mr. Sasser: Is there someone here for Guardian? Mrs. Redl-Daniels: I am Kari Daniels. Mr. Levenson: It is one of the Redl girls. Mr. Hirkala: Is this the muffler place? Mr. Redl-Daniels: It is behind it. It is right next to where the property is. Mr. Hirkala: It is the half acre the lawver used to own? Then he cot building improvement loan or something? Right in front of the trailer bark? Mr. Sasser: Public hearing dates. The 22nd is a three person board or do fir► prefer to wait until the 13th? Mrs. Redl-Daniels: I prefer December. En ,..r Wappinaer Zoning Board Minutes - November 8; 1994 Paae 30 Vft.• Mr. Sasser: Does the board have any further information they are going to require? Mr. Hirkala: I am taking a look at this map now. Mr. Lehigh: I think we should take a look at the lot. Mr. Sasser: I don't know if we actually need to have a formal meetina there and make the town pay for that. I think we can probably go on our own to look at it. Mr. Lebiah: I can handle that. Mr. Sasser: Everybody feel the same way? Mrs. Redl-Daniels: We have a gate there now so, we will Just leave it open. You are Just going to walk right on to the property, it is on the left hand side. Mr. Sasser: O.K. terrific. Can I have a motion to out this down for a public hearing for December 13th? Mr. Hirkala: So moved. Mr. Lehigh: Second. Vote: All aves. Mr. Sasser: It will be on for December 13th. Mr. Lehigh: I think we better wait for a Negative Dec. Mr. Hirkala: I think we ought to wait for the Declaration of review. Mr. Sasser: You are riaht. Well, we can do that. Can. I have that motion now? Mr. Lehigh: I think we will wait until Mr. Sasser: On Lead Aaencv? Mr. Lehigh: No. He already made a motion on Lead Aaencv. Mr. Sasser: On SEOR? Mr. Lehiah: On SEOR.. Mr, Hirkala: No. I made a motion to set the public hearing. Mr. Sasser: We don't have a Lead Aaencv Declaration? Mr. Praaer: I make one. Mr. Hirkala: Second.. 065 ...% Wappinger 7oning Board Minutes - November 8, 1994 Page 31 Vote: All aves_ Mr. Sasser: Why do you feel ...? Mr. Lehigh: I want to see. I want to look at it. Mr. Sasser: You think that there might be environmental impacts with regard to ...? Mr. Lehigh: It could very well be. Mr. Hirkala: SEOR is only environmental impacts ... Mr. Lehigh: Also, his noise. Over utilization of property .... There is no reason you can't declare it that niaht. Mr. Sasser: Your right. We can wait on that but, T want to be sure that we do declare it_ Mr. Hirkala: This says it is an existing bought building on that property? Mrs. Redl-Daniels: It is in the forefront, right on the line. . Mr. Sasser: Meineke Muffler_ Mr. Hirkala: That is what I am saving, Meineke Muffler. So what vote are doing is combining the two properties? Mr. Prager: That is all their property there. Mr. Levenson: Thev own it. They own the hack of Meineke Muffler. They own the property that Meineke Muffler is on. Mr. Hirkala: Is this the block building as the Meineke Muffler? Mr. Levenson: Yes. Mr. Redl owns it. Mr. Hirkala: I realize that. Mr. Sasser: It will stay Meineke Muffler. Mr. Hirkala: So, it is going to stay Meineke Muffler. So; what they want to do is utilize the land behind it for storage? Mrs. Redl- Daniels: Right. Mr. Sasser: December the 13th. Thank you. Number 3. Gina Petroleum. Appeal #1179 requesting a variance of Article IV, Section 416.2 whereas ,,ftw only one freestanding sign is allowed and the appellant is requesting two freestandina sians. Mr. Levenson: Mr. Chairman, there is a freestanding sign there that is rrr ,Noe Wappinger Zoning Board Minutes - November 8, 1994 Page 32 permitted. The applicant is requesting a freestanding sign, his Marlboro signs that you see showing up all around, like a menu or what they are serving in their snack shop. Mr. Sasser: So, this is in addition to .... I don't need anv information on that. The board? Mr. Prager: Where exactly is this, Herb? Mr. Levenson: 376, -just south of De Garmo Hills, on the right hand side. Mr. Hirkala: What is he asking for? Mr. Prager: You mean that gas station? Mr. Levenson: The gas station. Mr. Hirkala: De Garmo Hills and ? Mr. Sasser: Up the road from there. Mr. Levenson: Down the road. Going south on 376 on the right hand side is a small gas station. Mr. Hirkala: Is that the one they are utilizing it for an auto laundry? Mr. Levenson: It was. Mr. Sasser: It is a repair shop. Mr. Levenson: It is a repair shop now. Pumping gas. Mr. Hirkala: It is a repair shop and pumping gas. O.K. Mr. Levenson: It reverted back to it's original use. Mr. Lehigh: What do they need the other sign for then? Mr. Levenson: To advertise what is on ... Mr. Sasser: I would like a absolute description. of what the other sign would be. It's size. Mr. Porcaro: I have a picture_ of that sign -if you would like to see it? Mr. Sasser: We would at the public hearing but, not tonight. Mr. Levenson: Ben bring them into the office and I will put them in the file. vr.. Mr. Hirkala: I would like it submitted to the Zoning Administrator and Give us a conv of it. Mr. Sasser: So, we will have it that night. We will also want to know in `*AW Wappinger Zoning Board Minutes +- November 8. 1994 Page 33 I%W addition; I guess the picture would show color and the way it looks but; I want to know size, how high it is. Mr. Levenson: You can see the size when you see the picture. Mr. Sasser: The picture is very deceiving with regard to height and I have very poor depth perception. I would like to have the actual measurements. Dawn Idema: Sir, can I have your name please? Mr. Porcaro: Yes. Ben Porcaro_ Mr. Sasser: Can I have a motion for Lead Agency? Mr. Hirkala: Who is this for, Gina Petroleum? Mr. Levenson: Gina Petroleum, and he is representing Gina Petroleum. Mr. Hirkala: You are representing Gina? Mr. Porcaro: Right. Mr. Hirkala: So long as they operate the gas station? r.. Mr. Levenson: He operates the gas station. Gena Petroleum is no longer in the area. They are down in North Carolina. Mr. Hirkala: T would like further clarification. Mr. Sasser: As to what? Mr. Hirkala: As to who the hearing is for. Art Lieberman or what? Mr. Levenson: You are hearing it for Art Lieberman. Art Lieberman is in North Carolina. Mr. Sasser: Art Lieberman owns the building? Correct? Mr. Levenson: He owns the building. He owns the property. Mr. Hirkala: So, who is this, the lessee? Mr. Levenson! That is the lessee and he is given the lessee the authority to represent .. Mr. Hirkala: He has given the information to the lessee to request the variance. Mr. Levenson: To proceed. *ftw Mr. Hirkala: That is what I am trying to get to because T thought it was for Art_ °'rrr ...r WauDinaer 7onina Board Minutes - November 8, 1994 Page 34 *ftwl Mr. Levenson: No, it is not Art. Mr. Hirkala: Well, this gentleman, I don't recognize. Mr. Sasser: This really is Art. He is doing it for Art. Mr. Hirkala: He leases the gas station. You are a tenant of Gina Petroleum? Mr. Porcaro: Exactly. Mr. Sasser: You are going to need anymore information? Lead Agency? Mr. Levenson: We have a picture and we will get the size. Mr. Lehiah: So moved. Mr. Sasser: Who is making the motion? Mr. Lehigh: I am. Mr. Hirkala: I will second it. Mr. Sasser: We have a motion and a second for Lead Agency. All in favor? ,., Vote: All aves . Mr. Sasser: SEQR? I move for a Negative Declaration.. Mr. Prager: Second_ Vote. All ayes. SFr. Sasser: November the 22nd or December 13th? Mr. Porcaro: December 13th. Mr. Sasser: December 13th. Motion for December the 13th? So moved. A second? Mr. Prager: Second. Vote: All aves. Mr. Sasser: Next item is Alfred and Nancv Hayton. Appeal #1180 requesting a 7' side -yard variance for an addition to a single family dwelling located at 123 Robinson Lane. Is this the one the addition is for an elderly parent? Mr. Prager: Yes. Mr. Hirkala: For what? Mr. Sasser: Elderlv parent. En ..n' Wanninaer 7.oning 'Board Minutes+ - November- 8. 1994 Page 35 Mr. Levenson: No. Not this one. Mr. Sasser: It is not this one? Yes, it is. Mr. Levenson: Additional room to care for an elderly parent. Mrs. Hayton: What it is, my husband retired last year and my mother has been living with us, she is 82 years old. Since he is retired and he is all the time at home now we would like to have a room for ourselves. If we have company or we want to have dinner in the dining room, we would like to be able to have people come in and have a room. Mr. Sasser: O.K. thank you Mrs. Hayton. I think we have a pretty good map here showing the elevation and floor plan. No. I thought we had that also. Mr. Lehiah: Well, to care for an elderly parent, you should strike that. Mr. Prager: Yes. It is under the variance there. That is where we did pick it up. Mr. Havton: Where is the front page to this? Mr. Levenson: On the application_ Mr. Praaer: That is exactly what it is proposing. Mr. Sasser: Yes. I understand that_ Mr. Lehigh: That is not what it is for. Mr. Levenson: Just mark it an additional room. Mr. Sasser: We can do that at the public hearing. Do you want any more information for the public hearing? Mr. Lehiah: Yes. On the drawing, I was wondering what the little bump is? Mrs. Havton: For a bay window. Mr. Sasser: You are putting a bay window in, correct? It is a hay window. Mrs. Havton: Right on the end. Mr. Levenson: It is a bay window. Mr. Lehigh: It is a bav window? Mrs. Havton: I think it is the bay window. Mr. Sasser: It is a bay. If you turn .... up side down, I see it. on .rr Wappinaer Zoning Board Minutes - November 8, 1994 Page 36 Mr. Hirkala: Either that or it is a fireplace. One or the other. Mr. Lehigh: This right here. Mr. Hirkala: I think it is the fireplace. Mrs. Havton: That is the fireplace. Mr. Lehigh: That is going to stick out that much? Mrs. Hayton: No. It doesn't stick out any further then our regular chimney. It comes out the same as the chimney. MIXED DISCUSSION Mrs. Hayton: That comes out the same as the chimney. It doesn't go beyond the chimney. Mr. Lehigh: It is lust the way it is drawn. Mr. Hirkala: Another words that 2' variance is for the chimnev for the fireplace. Is that right? ter. Mrs. Hayton: Basically. Mr. Levenson: That is correct. Mrs. Havton: When we bought the house. When we bought the land there was no 7onina. We never stopped to think. When our builder came in, he drew it up and he said you have to have the two feet for the fireplace sticking out, regardless of the fact that the chimney and the fireplace is in line. I am not going any farther and it is being built right onto the house. I am not extending over to my neighbors property. Mr. Sasser: A] do you have anything else? Mr. Lehigh: She answered my question. I couldn't figure Mr. Sasser: Mrs. Havton, would you like to come before this hoard with a 3 person board on the 22nd of November? Mrs. Hayton: That would be fine. Mr. Sasser: A motion to set for the 2.2nd? Mr. Prager: So moved. Mr. Hirkala: Second. .. Vote: All ayes. Mr. Sasser: It will be set for November 22nd. Mr. Levenson's office will instruct you how to do the mailings to your neighbors_ Cm -"go` Wanpinger Zoning Board Minutes - November 8, 1994 Paae 37 Mr. Lehigh: I make a motion that we be declared Lead Aaencv_ Mr. Prager: Second. Vote: All aves. Mr. Lehigh: I make a motion for a Negative Declaration. Mr. Prager: Second_ Vote: All ayes. Mr. Sasser: Next item for discussion is Evelvn Burns. Appeal #1181 reauesting a 21' rear -yard variance for a nre-existing deck to a single family dwelling located at 57 Scott Drive at the intersection of Balfour Drive_ Mr. Levenson: This is a situation where you have a corner lot and it is a pre-existing condition. Mr. Sasser: One thing I need is a site map. Mr. Lehigh: Plot plan. Mfr. Sasser: There is no site map at all. The site map I would ask that it have someone go out and absolutely measure until we are absolutely certain what the distances are. This is a R-20 to. Is there a c/o for this? Mr. Levenson: Yes. Mr. Sasser: How is the c/o granted if it ...? Mr. Levenson: Don't ask me, I can't answer you. It shows up as c/o. Mr. Sasser: It is not pre-existing. Mr. Lehigh: Yes, it is. It says it is already existing. Mr. Sasser: No. I mean pre-existing of Zoning Law. Mr. Levenson: I can't tell you what happened in 1972. Mr. Hirkala: This is Scott Drive. O.K. This was a common problem. Mr. Sasser: So, it is a possibility that the town made an error? Back then? Mr. Hirkala: No. Remember years ago they had these popping out of the ,,. wood work all the time? Mr. Sasser: How did it happen? *4r r.r✓ Wappinaer 7onina Board Minutes - November S. 1994 Page 38 Mr. Hirkala: The town, if T am not mistaken I think this might he a part of it, the town at one point didn't have inspection procedures for foundation locations, when builders came in. They would say that is close enough and walk away. Prettv soon what happened was we had variance request coming out of our ears_ Mr. Sasser: So, you have seen c/o before on ... Mr. Levenson: This was done in 72. Mr. Hirkala: I don't know if this is one of them. I think, where is Scott Drive? Mr. Praaer: Off of All Angels. Mr. Sasser: T would like a map. I would like to see the c/o. Tf you can find that. Mr. Hirkala: I would like to see the mab to. Mr. Lehigh: T will make a motion that we he declared Lead Agency. Mr. Praaer: Second. Vote: All ayes. Mr. Praaer: I move for a Negative Declaration. Mr. Lehiah: Second. Vote. All ayes. Mr. Sasser: Motion for the 22nd to set this for public hearing? Mr. Hirkala: So moved. Mr. Sasser: Second. Vote: All avec. Mr. Sasser: The next item on the agenda i_s Auto Baha Cafe. Appeal. #1182 requesting a variance of Article TV, section 416.2 whereas only one freestanding sign is allowed and the appellant is requesting two freestanding signs. Let me just stop for Just a second. Mrs. Burns Just so you understand, you need to speak with Mr. Levenson's office so they can instruct you on the mailings and so forth that you need to do before that date. Mr. T,evenson: We have the notices all prepared but, you ran come in and see me. Mr. Sasser: Back to the Auto Rahn Cafe. That is the new Mr. Levenson: That is the new restaurant that opened up on the corner_ '4.. ..✓ Wappinaer Zonina Board Minutes - November 8, 1994 Page 39 Mr. Sasser: Why do we have a picture of Wornock House's sign? Mr. Levenson: Because to show you there is a second sign on the Wornock House to. Mr. Sasser: What does that have to do with this application? Mr. Levenson: We just felt that we wanted to secure the application. The reason for this application for a second sign is to basically, display a daily menu or something. Because that corner lot. Mr. Sasser: Granted that is a very unusual corner. Mr. Lehiah: I don't know which one it is. Mr. Hirkala: By the airport. Mr. Sasser: Where the restaurants keep changing. Is this picture to show us that somebody else even has the sign or is this illi.istrative of the sign that they think they want? Mr. Levenson: It is illustrative of the sign that they would like and it is illustrative of the sign .. ,%.. Mr. Sasser: On this one I would like the size of the sign. I would like a description of the sign. Oh, here we go. Is this going to be a homemade sign or one that is purchased? Mr. Levenson: No. Mr. Jain: May I speak sir? The sign is, the reason there is nothing written on the drawing I made is because the letters are chanaeable.J Mr. Sasser: O.K. could you give us .. You are buying this from a manufacturer? Correct? Mr. Jain: Yes. Mr. Sasser: could you please give us before the meeting a photograph or something from a catalog that would show the exact sign that you are considering? So, we can see what it is going to look like. Mr. Jain: That is why I have it written on that drawi.na_ Mr. Sasser: Well, it shows sizes but, I am looking at this and I can not tell if that is 3/4 inch plywood and that is a piece of white plastir. or .. Is it lit, is it not lit? I need all the descriptions exactly .. Mr. Hirkala: Who is going to do the sign for you? Mr. Jain: The Gloede Sian Co. Mr. Levenson: Get Gloede to give you a contract. ,'t► ..r' Wanpinaer 7onina Board Minutes - November 8. 7994 Pane 40 Mr. Sasser: In written specifications so, we will know; we want to know is it lit, is it not lit? The size of the letters that will be used on it. What it is mounted into? How big is the pole? A photograph if you can aet it. Mr. Jain: Something like this they have it in stock. Mr. Sasser: I am sure they have a picture of it in the catalog. MIXED DISCUSSION Mr. Levenson: They are going to tell you what is going to be there. In the contract they will put the specifications. Mr. Sasser: We would also like Herb, a site plan showing the exact location of where the sign will be installed. In addition to that I would like to know what signs are existing on the building currently. Mr. Lehiah: And what they look like_ Mr. Sasser: And what they look like. Mr. Levenson: The one to the front is Mr. Praaer: Are we going to get a picture? Mr. Lehigh: Yes. We should be able to get a picture. Mr. Levenson: A sign that they have got a permit for. Mr. Sasser: Can you supply us with photographs of your building and photographs of all the signs related to your business which are there now so; we can have it for the hearing? Mr. Jain: O.K. I mean the signs inside the window count as signs ? All Board Members: No. Mr. Levenson: You only have one sign. Mr. Jain: I only have one sign, that is it. Mr. Sasser: Where? In the front? Mr. Levenson: In the front. On 376. Mr. Sasser: Can you lust provide us with a picture of. it? Mr. Lehiah: You say you only have one freestanding sign? NOW Mr. Levenson: Yes. Mr. Lehigh: But, there is other signs on the building? ._Pe Wappinger Zoning Board Minutes - November S. 1994 Pane 41 Mr. Levenson: No. Mr. Sasser: Well, there is one on the awning. T know that. That big green awning along the side. Does that say Auto Rahn Cafe on it? Mr. Jain: Yes. Mr. Sasser: So, that is a sign. Mr. Lehigh: But, there is no signs on the building? Mr. Levenson: There is no signs on the building. Mr. Sasser: Would you like to have your public hearing on the 22nd with a three person board? Knowing that it would require all three people to vote in favor of it or would you rather wait until December 6th, when there will be a four person board? Mr. Jain: The 22nd is all right. Mr. Sasser: The 22nd_ Mr. Hirkala: The sooner you get the pictures to him, the sooner we get them in the mail and can review them. Tt is better we get them before the "" meeting. Mr. Jain: I have some pictures with me now, of the ... Mr. Sasser: You should give them to Mr. Levenson. Mr. Jain: I will come to his office tomorrow. Mr. Levenson: What we need is 6 identical pictures of that front sign and the identical .. Mr. Sasser: Herb, you can probably make photocopies of them. This photocopy came out perfectly_ Mr. Levenson: That is not my photocopy machine. Dawn Idema: That is mine. Yes, it is. T did that. Joel, T did that on the copier in here. Mr. Sasser: Oh, you did it here. Yes, if you will get in contact with him tomorrow he can probably help you with that. Can I have a motion for Lead Agency? Mr. Lehigh: So moved. Mr. Jain: Let me lust understand this correctly. The requirement for me. is to bring the pictures, not a site plan you lust mentioned? Mr. Sasser: Let me start again what we are looking for. All of.. the NOW .rrrw Wappinaer Zoning Board Minutes - November 8. 1994 Paae 42 eauirements are on you_ Mr. Jain: Oh, you directed your questions to Mr. T,Pvenson, really. Mr. Sasser: Well, this really isn't a public hearing hut, I will speak directly to you. What we are going to need is a site plan, showing exactly where the sign is going to be located. We are going to need a photograph of anv existing signs on the building. What else slid we have? Mr. Hirkala: On the site plan you want to know where the sign is located now. Mr. Lehigh: Where the sign is located now. Mr. Sasser: O.K. where the existing sign is located and we also want a description of the sign and hopefully a photograph of it from the manufacturer. So, we can see what it looks like as well_ Mr. Levenson: I will produce the site plan that was previously approvP.d. Mr. Sasser: Herb maybe able to help you get some of the things. Mr. Hirkala: He probably has a lot of stuff on file. *4"" Mr. Sasser: It has been set for public hearing for November 22nd. Now do I have a Declaration for Lead agency? Mr. Lehigh: I just did that. Mr. Prager: Second. Vote: All avec. Mr. Sasser: SEQR? Mr. Prager: I move for a Negative Declaration. Mr. Lehigh: Second. Vote: All ayes. Mr. Sasser: Thank you. Dawn Idema: Sir, can I have your name please? Mr. Jain: Sharab Jain. Mr. Sasser: The last item on the agenda is George Odoms. Appeal 11183 requesting a 3.2' sidevard variance for the construction of a carport located at 5 Barbara Drive. 3.2' that is huge.. one. + Mr. Levenson: Mr. Chairman, this is a very unique situation. Mr. & Mrs. .o►` Wappinaer 7onina Board Minutes - November 8. 1994 Paae 43 Odoms is going to close, on the 29th? Mr. Odom: The 30th. Mr. Levenson: The 30th. So, this is scheduled for the 22nd. Mr. Sasser: I guess then perhaps we will put this off until the 22nd. Mr. Levenson: I think you should know that a lot of research was done last week looking for surveys, looking for everything and I have come up with a filed map on the subdivision which you all, nuiet Acres. We have the lots over delineated. Mr. Sasser: Well, this is such a minor variance. Mr. Hirkala: You have lots what? Mr. Levenson: I have a lot delineated. It is like 16 on the filed ma -p. Mr. Lehiah: Is that carport there now? Mr. Levenson: Yes sir. They have to get a certificate of compliance in order to close. I%W Mr. Sasser: I don't need anything else on that one. Anybody else? Lead Aaencv? Mr. Lehigh: I make a motion that the Z.B.A. be declared Lead Aaenr.v. Mr. Prager: Second. Vote: All aves. Mr. Sasser: SEQR? Mr. Praaer: Move for a Negative Declaration. Mr. Lehiah: Second. Vote: All ayes. Mr. Sasser: It will be set for public hearing on the 22nd then. Mr. Levenson, you will need to see him so he can help you with the mailings. Any further business before we end? Mr. Lehigh: 7 motion to adjourn. Mr. Praaer: Second. *%. Vote: All avec. I%W SW Wappinger Zoning Board Minutes - November 8. 1994 Pagp 44 MFETTNG ADJOURNED AT 9:20 P.M.. Respectfully submitted, Lind Nguyen, ScUlkary Town of Wappi.nger. Zoning Board of Appeals