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1995-07-11n Town of Wappinger y 11, 1995 nda - 7:30 P.M. n Zoning Board of Appeals Approval of June 27, 1995 minutes. PUBLIC HEARING - IR Town Hall 20 Middlebush Road Wappinger Falls, N.Y. n Anneal 41207 - At the request of Spotted Owl Development Corp. who is seeking a variance of Arti.cl.e IV, Section 411.7, whereas you are r.eauired to maintain 1 acre and you arP showing .78, thus rPaui_r_ing a .7.2 variance for an existing undersized lot on property located at 6 Montfort Road and is identified as Tax Grid #19-6358-01-144515-00 in the Town of Wappinger. ADJOURNED PUBLIC HEARING Anneal 41204 - At the request of Rabco Landscaping & Contracting. Inc. (Contract Vendeel who is seeking a variance of Article IV, Section 422.8, paragraph 7, wherein you are not to exceed 2000 sq. ft. in total area and you are requesting a building of 4000 sq. ft., plus or minus, as well as outside storage of nursery retail sales material on property located at Route 82 & All Angels Hill Road and is identified as Tax Grid #19-6357-03-220050-00 in the Town of Wappinger_ n of Wappinger 7,oning Board of Appeals Town Hall '1111y 11; 7995 20 Middlebush Road Wappinger Falls; N.Y. Minutes Members Present Mr. Sasser: Chairman Mr. Prager: Member Mr. Fanuele: Member Mr. diPierno: Member Members Absent Mr. T.Ph i gh : Members j 4 tV Others Present AUG 2 9 Mrs. Linda Nal.iven , Secretary to the Z.B.A. PLANNING 80A`I9. ZQNirof' n^ .. X ROLL CALL Mr. Sasser: For the information; T see that there is only one applicant here;dust so you know we are one member shy on the Board tonight. That doesn't change the necessary votes. Tt's required by the Board to grant a variance we would still need a plurality of the whole Board in order t nt that. Based on that, before we go further T will give you the V-i portunity to request an adjournment if you so desired.. Do yr:11 understand what T_ mean? Mr. Lehigh is not here. Mr. Lehigh also if you remember was not at the site meeting as well, but it still would reaiiii-e us to vote 3 yes in order to grant the variance. That is not including his vote. The three of us who are up here tonight would have to vote ,res in order: to approve the variance. Vol, have the option of still going forward tonight and at the end of our hearing you could request an adjournment to provide us with more information and we can adjourn it at that time as well. Perhaps you could get a better feeling of whether nr not we would approve this. So, do you want to continue on with it Tor- now? Mr. Ron Rahasr_o Yes. Mr. Sasser: The first item on the agenda tonight- is Appeal X12.04. Excuse me; is there anvbody here regarding Spotted Owl? Mr. Murphy: VPs_ Mr. Sasser: T.P.ts follow the agenda then. The first item tonight is a public hearing of Anneal »1207 at the request of s€)otted Owl nPVPloumPnt. Corp. who is seeking a variance of Ar-tiCl_P TIT, Section 411.7 where as yore are reauired to maintain 1 acre and you are showing 7R; thus requiring a _22 val-iarrce for an existing undersized lot on property located at e Mnntfort Road and is identified as Tax Grid «19-6358-01-144515-00 in the `rin of Wappinger. For the information of those present who may he here with regard to this matter; we havee received a letter- from the Attorney for the applicant; Joel Hanig addressed to the Town of Wappinger asking that this matter he. adjourned to August n 29th because of his schedule ad trying to schedule it with Mr. Al Roberts, who Is the Town of Wappinger Attorney; as well as a member of the Planning Board who also wanted to be -present at the time of that hearing. May T ask who you are reprPserrtiTic? Wappinger Zonina Board Minutes - July 11, 1995 Paae 2 with the applicant. He showed the topography and what it is he. is looking to do. T believe you were going to prepare a map for us tonight and we understand that this hasn't been prepared by an engineer or by anybody else, but it is to lust give us an idea exactly where it is you arY looking to put things.. Mr. Ron Rabasco: T think this is the same map that you have a copy of. Mr. Sasser: Have you delineated where it is you are looking to put your building? Mr. Ron Rabasco: I believe it is on that Game man. Mr. Sasser: Really, I don't think it is on mine. T thought that was from the old garage that had been proposed before? Mr. Ron Rabasco: Tt is, but we're 1_ooking basically at the same area as far as location of where the shoo would be. Mr. Al Rabasco: That is the hiahest ground there. Mr. Sasser: Then, the location would be about the same? Rouahl.v the same size of that? Ron Rabasco: That I am not sure of. No, it would be bigger. Tt would be slightly bigger. Mr. Sasser: The location, however, would be in the same space? Mr. Ron Rabasco: Right, which is where we discussed it when we walked the property as far as that particular area. Mr. Al Rabasco: That is the highest around there. So it's probably the safest spot for the building. Mr. Sasser: For the building, however, you were going to do substantial amount of ... Mr. Ron Rabasco: Yes, as far as the property, the front -side would be used for the storage of material. Mr. Sasser: The front -side meaning towards Route 82? Mr. Ron Rabasco: Correct. Mr. Sasser: The front -side meaning from that building out to Route 82? Mr. Ron Rabasco: That is correct_ Sasser: That is a substantial. portion of the property you would he I'ing . Mr. Ron Rabasco: That is correct. Mr. Sasser: What you have requested, however, is 4000 sq. ft. Wappi.naer 7onina Board Minutes - July 11, 1995 ,+ Page 3 Mr. Ron Rabasco: Building plus exterior storage_ Mr. Prager: Plus or minus as well as outside storage. Mr. Sasser: However; you had asked at one point and time for an interpretation from this Board for this same matter at a prior hearing. You had asked us to interpret whether the outside storage cons ti tu ted the building with reaard to the ... Mr. Ron Rabasco: The original zoning had it described where it was a total of T believe 1,000 or 2,000 sq. ft. The auestion was whether that 21000 sq. ft. was the limit of the size of the building or was that the building plus outside storage? Mr_. Sasser: Right, and T have a copy of it here and the decision was that it was the building and the outside storage. Mr. Ron Rabasco: Correct. Mr. Sasser: So, what you are asking for is 4000 plus outside storage? Mr. Ron Rabasco: That is correct_ Sasser: O.k., how much outside storage? Mr. Al Rabasco: We are going to lose a lot I am sure. We are aoina to lose a lot because of the creek right there on the side. Mr.. Sasser: The important part in this whole thing that I am getting at is that your request for a variance is going to require that we know since that first decision that the 2000 ft. included both building and outside storage. Tf you are requesting 4000 sq. ft. plus some additional space we are going to have to know how much additional space. Mr. Ron Rahasco: O.k., the reason for the initial question was if that zoning requirement was limited only to the building we then would have looked at the option that we may be restricted to a 2000 sg. ft. buildina. but if it didn't restrict us to anv of our outside storage then mavbe weJ wouldn't have to file for a variance. That would have been the decision that we would be looking to make. That was the reason for contesting it. Mr. Sasser: T can tell you, at this point, Just based on my own feeling that I could never Just say yes to an open end space. Lets Just sav that we a.r_anted a variance for a 4000 sa. ft. building and 1000 sa. ft. outside storage. That is one thing. I could never say 4000 sq. ft. and however much outside storage you want to use. Mr. Ron Rabasco: Right; I would say realistically anticipating the Army bs of_ Fnaineer restrictions on this property that realistically we uld nrobably be able to use 4 or 5 acres_ Mr. Sasser: Out of a total of how manv acres? Mr. Ron Rabasco: Just under 8. Wappinger Zonina Board Minutes - July 11; 1995 Paae 4 Mr. Sasser: Just less than 8 anyway. You would Want to use a total of how much; if possible? Mr. Ron Rabasco: Around 4. The landscape material storage obviously is necessary to use a significant .. Exterior storage we need a significant amount of property for that type of business; which is what we discussed right from square one. Mr. Sasser: Right, initially given the fact, and T am not saving we would or we wouldn't, but if this is approved; as you know you would have to go back before the Planning Board and this is really going to be an issue_ that they address much more than we do. Mr. Al. Rabasco: Right, they are going to address parking and obviously .. Mr. Sasser: All of that other_ stuff. We are just talking about the use of this property and granting a variance for the size and that is really all we are considering. Again, you really haven't identified what size- you izeyou are asking for. You are saying 4000 plus some infinite number more. Mr. Ron Rabasco: Approximatelv 4 acres is what he said. Tt is obviously going to depend on when we go hack to the Planning Board and they might �v Obviously; we know the Army Corps of. Engineers is .. like rybody is going to get a piece of this and they aren't going to want us near the creek. T am sure of that. Mr. Marino: Tt is more than just the creek. My name is ... Mr. Sasser: We are aoi_ng to give you an opportunity to speak as well. This is a public hearing so everybody will. Lets let them finish what they were saving.. Mr. Ron Rahasco: T am sure they are going to want some buffer of trees. T have seen this kind of stuff so depending on what they want to make everyone happy is going to depend .. some of this property is .. You have the creek on two sides so obviously it's going to depend on what they want, but we will have to have T would say probably about 4 acres we are going to need_ Mr. Fantele: We went out to visit the site and looked at it and we had asked for somethi_na to he drawn. T think you have to take your time and maybe spend some money and put something down on paper that you want. T can not just grant you something. To me, since we met at the site, you have done nothing between now and then. So, if you did nothing, then T can not do anything either. Mr. Ron Rabasco: T believe that this was discussed and this was something that if we were able to use this property or not, which we are looking for id out; that if we. would then go to more the specifics in which we would ve to ao before the Planni_na Board_ Mr. Sasser: No, what we had requested, and T remember very specifically, and you had said. "T don't want to spend a lot of money for an enaineer having something drawn that T may not be able to use."We replied that we Wappinaer Zonina Board Minutes r- Julv 11. 1995 Page 5 don't want you to spend a lot of money; but we want to see a site plan and we want to see it delineated what you want and what you are re_aupstlna. So; we would know exactly what it is. You said that you would apt one of those plans and with someone's help draw it out. Showing how much property you wanted to use, what the shape is goi_ng to be, where you wanted to use it, where you hoped the building would be. You had said and it is not etched in stone. That is the reason that we went and Looked at the property so we could see what it was. We can't tell what your conceptual idea for the building is or the use. You have to show us. Mr. Ron Rabasco: Realistically, for me to be able to design what portion of the property and how we would set up what we would want our operation to be would .. If then we go before the Army Corps of Engineers that very piece they could say we don't want you to use this and you can use this, which mi_aht be the total opposite side. Mr. Prager: You have an idea though about how .. Mr. Fanuple: We are at a stalemate now. The way for you to break it is for you to do something_ Mr. Prager: You must in the back of your mind have some sort of an idea. what you want to store out there and how much space it will probably takp. You are talking about stones, slate, that type of thing. iTr. Sasser: He said 4 acres, but what 4 acres? Where? Mr. Praaer: Like you said it doesn't have to be etched in stone. Give us an idea Mr. Ron Rabasco: As far as the 4 acres are concerned it would he from the building, the front -side excluding definitely 100 feet from the creek will be out of the auesti.on. I would say 100 feet over in here and this land over in here would constitute right around 4 acres. That is right around half the property. Mr. Prager: Is there a property line there in the middle? I am seeing a rear line_ Mr. Sasspr: That is lust a measurement from the bui.ldina. Mr. Praaer: You do go right over to the creek, am I correct? Mr. Ron Rabasco: That is correct. Realistically I would say probably pretty much right along that line we are looking at . Mr. Praaer: ... this front -yard? Mr. Ron Rabasco: Right, maybe over Just a little bit more away from the reek side because it doesn't look like it is 100 feet away from a couple points. Prettv much there over to the other side, which I think -is close_. to 4 acres. Mr. Sasser: Before you had told us that you wanted a 4000 sca. ft. building and you wanted to use 5 acres for outside storage. + Wappinger Toning Board Minutes - July 11; 1995 Page F Mr. Ron Rabasco: Realistically it really kind of depends on what we are able to use there. That is the area we are looking at. Also; behind the building, T don't know if you constitute parking also as far as that storaae because a portion of this would be for parking so not every hit of it would he for storage; but we. are obviously going to need areas for narking and stuff in that area. That is what we are looki.na for as far as usahle area here. Realistically all of this is nonusable_ Mr. Sasser: Your entrance is still coming off of Route 82? Mr. Ron Rahasco: That is correct_ Mr. Praaer: That is approximately where we probably walked down there that night_. Mr. Ron Rabasco: Right. Mr. Sasser: You had spoken with me during the week and I had sent vol some information on what the zoning law requi.r.es of you to be approved in order to get a variance. Of course everybody on this Board is aware of what those things are. I have a couple of problems. It is a substantial variance. It is more than double what is allowed there. I am not sure what the effects will be on the neighborhood. It is self-created. There other methods to be able to benefit .. to get what you want and that is to have a smaller building. You have acknowledged yourself that there are other ways to do what you want to do. I guess that is why I keep getting back to telling you that as it is right now if I were to have to vote; I think I would have to vote not to grant the variance. Not because I don't think that it's a good use for that piece of property, but only because T don't know what you are going to put there. I can't conceptualize .. You are saying 5 acres, but I really don't know exactly what you are looking for ... Mr. Ron Rabasco: I thought we discussed this as far as it's very similar to the Riggio's type operation i_n which we would have decorative stone and plants, pavers, retaining wall. systems as far as modular block. Mr. Sasser: You are looking for a 4000 sq. ft. building? Mr. Ron Rahasco: Right. Mr. Al Rabasco: This way we cou-Id keep some of the .. You don't want to be leaving anything outside. One of the bi.g things when we started was to put the equipment inside at the end of the day. You don't want to have stuff outside. A lot of that building is not going to be like a huge office or retail area. It's storage to uut the delivery truck inside and the tractor for Loading inside and that would take a lot of space wo, ., Sasser: You are looking for approximately anywhere between 4 or 5 res for storage. That in itself is not a problem. Have you thought about traffic.? What kind of traffic you are going to generate? That is definitely a concern with effects to the neighborhood. It is a residential neiahborhood. Wappi_nger Zoning Board Minutes - July 11, 1995 Page 7 Mr. Al Rabasco: We are directly off of. 82. Mr. Sasser: That is true; but you have a curve on 82 and there is brush out close to the road.. That is something that we have to consider. What kind of lighting are you going to have on the property? Is that lighting aoi_ng to spill over into ne.i.ahbors homes and in their windows? There is a couple of things that I believe you should address because T am not comfortahle. You can go anyway you want to go, but T don't feel comfortable ri.aht now. If I were to vote right now, I would not be able to .. Mr. Ron Rabasco: I see what you are saying. You need a little more I don't think there is too much as far as like this side. I know there is residential house here and a bank there. I am pretty sure these are commercial. The front is all commercial_ Mr. Sasser: I know there are apartments over some of that stuff right at the corner of 82. and All. Angels. Mr. Al Rabasco: Have you ever seen the back of their building? Mr. Sasser: T have seen it. T understand that. People do live there and the liahts might shine i.n their windows. �, Al Rabasco: I mean I am real T mean as far as We are not n7anning on staving open at night. We are real flexible for whatever the Planning Board would want for lighting. Obviously; we would need some lighting for safety. Mr. Sasses_: The Planning Board is definitely going to get very deeply involved in that; if it goes that far. One thing that we have to consider; is this going to be detrimental to nearby properties? Tf we think about what you could do to be detrimental to those properties. liahtina could be +a problem. Traffic could be a problem. Noise could hp a problem. The smell of chemicals and fertilizers or whatever. T don't know if you will use it or you won't use it, could be a problem. T think that you need to address all of these things with us. Mr. Ron Rabasco: O.k. Mr. Prager: T agree 100 It is a Hamlet type of an area. I am not really comfortable .. I am not saying that it wouldn't be good for the area, but I am not comfortable with putting that type of a business in a Hamlet only because of the size. Mr. Sasser: I feel a little differently. T think it happens to be a very good use for that property. Mr. Praaer: No. T do too. re. Ron Rabasco: Obviously, I am going to be addressing the specific issues that have been brought up here. As far as the lighting is concerned, the building in which the operation would be centered around is definitely pretty central on a large parcel of property in whish _ Wappinger Zon.na Board Minutes - July 1], 1995 Page R Mr. Sasser! Well; vol have a larae field. Are voii going to be open until 9 oIclor.k with flood Ii_ahts out there . . ? Mr. Ron Rabasro: T definitely don't see anv need for any major lighting throughout where, the outside storage is going to be. Mr. Casser: That is what I am aettina at. Those are the things that vou are going to have to address. What about trucks coming in and pickina up gravel; sand and dirt? How exactly will. that be mitigated? What kind of an effect is that going to have on the neighbors? I want you to address that. You might even take some notes. Mr. Ron Rabasco: I think I know what you are saying. Mr. Praaer: Another thing would be the employees. Do vou feel that vou would have a lot of employees or a lot of business? You know T am saving; people coming in and buying things_ Mr. Sasser: Linda, when will you have these minutes ready? Mrs. Nauven: T am about 3 meetings behind_ MIXED DISCUSSION Ron Rabasco: I know what vou are asking for. I know exactly. Mr. Sasser: Lets take these things we considered one by one so we don't delay you anymore or you don't delay yourself anymore and we don't have to go any further. Is there a question to be detriment to nearby properties? We want you to address traffic. We want you to address liahtina. We want vou to address motorist, noise_ Mr. Marino: Can I suggest a couple of things? Mr. Sasser: Can we have your name for the record? Mr. Marino: My name is Marcelino Marino. Mr. Sasser: And your relationship is? Mr. Marino: T_ live at 461 All Angels Hill Road. Mr. Sasser: So, it is an adjacent piece of property? Mr. Marino: Yes, the only problem is that we have wells. He will. be using up out- water. Tf they are going to put a nursery in there they are going to water plants and stuff like that. How much water are vou guys aoina to be using? T mean I don't want to end up with a dry well- 10-. Al Rahasco: We would use the creek. We can legally use it, we ticked with D.F.C. J + Mr. Sasser: T think he has a valid concern. If you are using fertilizer .. What effect is that fertilizer leaving in the around if any. T am not saving that there is any. Again, sir Just so you understand there is y Wappinaer Zoning Board Minutes - July 11 1995 Page 9 two Boards that these gentlemen will be dealing with. This is the Zonina Board and the only thing we are considering is would we allow a bigger buildi_na then They are allowed to have a nursery there if they want to have a nursery there, but are we going to allow a bigger nursery and I am using the word nursery generically. Tt may be more or less than that.. Are we going to allow bigger? If we were to say yes to allow that; then it will ao before what is called a Planning Board. The Planning Roard is the Board that will really work intricately with what is allowed and what is not allowed. We are really just talking about allowing a bigger Even if we grant this the Planning Board can say, no you can't have anvthina there. We are not going to allow anything bigger at all. That is really their: Board to do that. Mr. Marino: There is other questions that I have. I know it is a commercial area, but it is not for contracting. It does not specify contracting as far as I understand. Mrs. Marino! It says only for a retail business with community nature. Mr. Sasser: I don't believe this is a contracting .. Mrs. Marino: But, this is a contracting company. What is going to prevent them from in a year or two from now and parking their bulldozer; their back hoes in their back lot? #. Sasser: Well; nothing is going to prevent that just for the fact that it is part of the business. They are allowed to have, "Stores and slopes for the conduct of retai_1 business of a neighborhood or community nature; not exceeding 2,000 sq. ft." Mr. Marino: There is nothing with contracting. These guys will be in and out all day. Mrs. Marino: What is .... Mr. Sasser: No, this is only for nursery retail sales. They have not asked for contracting. Mr. Marino: They say storage of material. Mr. Al Rabasco: Well, you have a tractor; load, mulch; load stone; load sand. Mr. Sasser: This is not a contracting business. This is like a Ri_aaio's. That is ... Not for them to go out and contract and do things. Mrs. Marino: What is to prevent them from doing that out of their offices in this building?' M—. Sasser: The Planning Board could prevent it by stipulating that is t what is allowed. Even without the Planning Board that is n( --t allowed. A retail business is allowed. If in fact they were doing it, thev would be doing it illegally and anybody who reports it to the Town; the Town Enforcement Officer would go out and cite them and would rPauirP them to stop doing that. In that section called Hamlet Mixed RusinF—=.s y Wappi_naer Zonina Board Minutes - July 11 1995 Page 10 they are allowed to have the retail business and that is what they have rpal.lestp.d. Mrs. Marino: Riaht; but double the s.i.ze. My husband works att niaht and sleeps all day. When they are loading all of their dirt; gravel; bricks and stuff; how is he supposed to go to sleep? Mr. Sasser: Again; there are a lot of things that have to be addressed and things we are lookina for. How this would effect the neighborhood. Mrs. Marino: If they put a business that large .. those things really have to be addressed beforehand with a more concrete idea of where things are going to go. What is to prevent their fertilizer from contaminating the water? Mr. Sasser: This Board tends to agree with what you are saying and that is why we are requesting add.iti_onal information, but again T just want you to understand that our Board will not be nearly as detailed as the next. Board would. Mrs. Marino: T was just advised that we should present our concerns up front before they actually get the approval to go ahead and Sasser: And you should. Mr. Praaer: T agree with you absolutely. Mr. Sasser: T am sorry ..... Mrs. Marino: T am Jennifer Marinot his wife. Mr. Marino: The other thing T understand is that ..... 100 feet from the stream. Supposable from the high water level which could be. anywhere from the distance from the stream. T have more than 100 feet in my hack property and T was told that it's flood plains and T could not do anvthina with that back property. Mrs. Marino: We were told that we couldn't even grade our slopes to go to our back acre of our property because it is in a flood plain. Mr. Al Rabasco: Wetlands you can't do that with. You can actually fill in flood plains if you want. Tt is D.E.C. wetlands that you have a ton ft. buffer. + Mrs. Marino: We approached ... Mr. Al Rabasco: Those are approvals that we have to apt. "-TXED DTSCUSSTIN Mr. Praaer: I don't know if you are on this map or not. Maybe you could show us where exactly you are_ P-TSCIJSSTON OF MAP Wappinger 7onina Board_ Minutes - July 11; 1995 Page 11 Mrs. Marino: Their impact on the stream. Their impact on our well.. Their fertilizers and other chemicals which they are going to use on their outside storage plants which will seep into the ground and contaminate us. T can't afford to dig a new well because they draw the water table dry to water their plants. I also can't .. the water softener and such which cleans the water if they are contaminating chemically. The noise is a factor because my husband has to sleep during the day and works all night. Where their access road is going to be with their traffic coming in and delivering all of their plants and equipment. What time of day.J Mr. Marino: Also; customers coming in and picking up. Mrs. Marino: If these heavy big trucks are accessing off of All Angels Hill Road it will impact on my children getting on the bus for. school.. T don't want them standing out in the street. Mr. Sasser: I believe your only interest is off of 82? Mr. Ron Rabasco: That i_s correct. Mr. Sasser: These are things that you must address. Mr. Al Rabasco: Right; I understand_ 61"". Marino: Because I have serious concerns about that. We bought our home .. I know All. Angels is a busy road; and that is to be expected. traffic; but our home is several hundred feet from the street, but we do have to stand out there with the children to get on and off the bus and T really am not comfortable with very large delivery trucks; bulldozers; heavy equipment if they are going to be accessing off of our road where the kids are. I am also concerned with their airborne fertilizers with the kids breathing in the pollution that is created when you spread these things or open these things. T_ am concerned with the kids breathing that in. Ts there anything else you wanted to say? Has this land sale finalized? Mr. A]. Rabasco: It is pending this approval. Mr. Sasser: Thev are contract vendee_ Mrs. Marino: Do they have notice from the owner that they are allowed to pursue this'd Mr. Al Rabasco: Yes. Mrs. Marino: That was one of my questions. Are you prepared to ..... flood plain building ..... specific architectural planning that has to he done? Sasser: That is not a matter that this Board would consider. That would he for the Planning Board. Mr. Marino: Tn the case of flooding, the Town allowing them to put their property there and then all of a sudden if we have a bad year like we have- bad avehad two or three years ago with snow, their property could be inundated Wappinger Zoning Board Minutes - July 11; 1995 Page 12 with flooding. Ts the Town going to be liable for that? Mr. Sasser: That would he something that the Planning Board would deal With. We. are just considering the size of the huildi.ng. The Planning Board may still not allow it even though we allowed the variance. Based on that and they will define where the flood plain is and what the 100 year flood mark is. Mrs. Marino: We we're also wondering what the plans are for the buffer zone . I don't want it going in my backyard. Mr. Sasser: That is something that we would want to consider. Mrs. Marino: T don't want to go out in the backyard to play with the kids and be looking at the back of this huge building with customers walking all over. I bought my home for privacy. It is off the road. We have -out _., in the back and T really don't want to be looking at a business. Tt took us a long ti.me to get where we are and. T don't want it to be. gone. Mr. Sasser: Do you have any other concerns at this time? Mrs. Marino: I think that is the main things that we were very concerned about. . Sasser: I think that it covers both 1 A & B, undesirable change in the neighborhood ...... We talked about ai.rborne fertilizer. dust --- Pesticides. We want to know if there is any other feasible method that you can open that business without having to get the variance that you are looking for right now. That is something that you need to consider. Perhaps a bigger building. Maybe even a 4000 sq. ft. building without all of the outside storage, or less outside storage. Maybe outside storage placed in an area I think you could talk to I think at this point and time it would be beneficial for you to talk to an engineer to see if thev can come up with an idea and tell us why i.t is better than iu--t taking the whole 5 acres. We certainly are not experts so we need expert testimony to tell us why your way is the best way or if there is a wav it can be done without an impact on other people adversely. We know it is a substantial variance. Number 4, is a little broader than number one_ Will the variance cause adverse effects on the physical or environmental_ conditions i.n the neighborhood or district? I think what we had talked about it and what you need to consider is not lust your adjacent neighbors there; what is down the street? What is up All. Angels Hill Road? Are there other businesses of this type? How will you blend in with the Hamlet? The Hamlet was origi.n.ally meant to be small neighborhood type businesses. You are looking to do something much larger. How are you going to overcome an adverse effect on the whole neighborhood? Why is this going to fit i.n to the Hamlet use? I think you need to study that and tell us why. Tt is self-created. I think you have a lot to overcome at this point. I am not saying it is insurmountable. Again, I can't �+ink of too many uses for that property. It is wet, it's low and it is Behind a lot of things there. This might be an excellent use for it. Yoi.l can't just say ves without making sure that you do it right. Mr. Ron Rabasco: o.k., I know what you want basically. Wappi.nger Zoning Board Minutes - July 11; 1995 Page 13 Mr. Sasser: These people and everybody else who is around it and people who drive through there. At this point and time we have not declared ourselves Lead Agency and nor have we issued any kind of determination for SEOR and frankly we haven't had this in a long time and T don't want. to Positive nee. this at this time because it does put a lot on you to have to go through that whole SEOR process. I think what T am going to do and Linda I am going to ask you to do that is to ask Al Roberts to read the minutes of this meeting and to please issue his legal opinion with regard to the ;FOR process because now you have to address traffic, address pesticides & fertilizers, and the water table and the creek and wetlands. T think this might be a situation in order to protect the Town we might have to consider that and I would want his opinion on that. Mr_. Al Rahasco: We will give you guys a drawing of this; but the majority of this .. we are more into landscape building. We are not going to have a large nursery here obviously with Home Depot and everybody else selling plants for nothing. We don't feel that is the way to go especially now. Mr. Sasser: T think at that at this point and time it is incumbent upon you to get professional .. Mr. Al Rabasco: Right, that is what we need. t Sasser! Traffic study and with all of these things, not for you to st come in here and say we really are not going to do this and we probably not going to do that. We need to know what you are going to do. Mr. Ron Rabasco: Actually, that was addressed much more in the letter I think during the first meeting that we had as far as the type_ of retail. sales that we are looking to do more on the landscape construction side of it. Mr. Sasser: T_ believe I am very clear on what you want to do, but how you want to do it. Mr. Ron Rabasco: As far as the issue of pesticides and fertilizers, T can understand the concern, but it is not something that is extremely irrelevant in our situation here. Mr. Sasser: Again, T need you to tell us that and I think that you need to get some backup information from some professionals at this point and time to prove that you don't use that in your business and your not going to use it in your business in order for us to consider it. All of those things that we mentioned are going to have to be addressed. How much time do you think you are going to need to do that? Mr. Ron Rabasco: one month - ter. Sasser.-: When is the next meeting? August, that is a little bit over month. We could have the public hearing that night.. Mr. Ron Rabasco: What is the date? Mr. Prager: Why don't we make it a Monday night? Ts there a reason? Wappinaer Zonina Board. Minutes - July 11; 1995 Paae 14 Mr. Sasser: Wait a minute. Yes it is. They made it a special niaht., You are right. Do you have a problem with a Monday night? They had asked for a special night for a hearing_ Mr. Fanuele: We could make this on a regular Tuesday night meeting. The first meeting in August_ Mr. Sasser: That special_ hearing is what night? The 28th? Mrs. Nauven: That is not a special meeting. That is a regular scheduled Zonina Board meeting, August 29th. Mr. Sasser: When was Spotted Owl adjourned to? Mrs. Nauven: For tonight. Mr. Sasser: From tonight to what date? Mrs. Nauven: To the 29th. It is just a regular meeting. Mr. Sasser: n.k., Lets put it on for the 29th. 1. Prager: There _s something wrong here. Mr. Sasser: Can I have a motion to adjourn the public hearing? Mr. Fanuele: We meet the second and fourth Tuesday. The second Tuesday in Auaust is the 22nd. Mr. Sasser: Right, but they had requested a special night though. Mr. Fanuele: The meeting moved from the 22nd to the 29th? Mr. Sasser: To the 29th. I am saying there is no need to meet on the 22nd if we already have one scheduled for the 29th unless you want to meet three times in Mr_ Fanuele: No. Tf you feel that the other one is going to take all night then we can hold our regular meeting --- Mr. Sasser: How do you gentlemen feel? The 22nd or the 29th? Mr. diPierno: Whatever is better for you_ Mr. Sasser: T sav the 29th. We don't have anything pendina for the 22nd do we Linda? Mrs. Nauven: I don't understand you guys because I have the calendar for ie Zonina Board meetings and T have only for August, August 15 and August � th. I have no Auaust 22nd. Mr. Sasser: That was published incorrectly then. Whoever made that list up initially made a mistake. Wappinaer Zoning Board Minutes - July 11, 1995 Paae 19 Mrs. Nguyen: It is supposed to he August 22nd and. . Mr. Sasser: Our meetings are always on the second and fourth of the month, Mrs. Nguyen: So; what does it come out for August? Mr. Prager: The second week in August should have been the 8th and the 22nd. Mr. Sasser: Do you have anything right now pending waiting to go ...? Mrs. Nguyen: No; nothing. Only for the 29th is Spotted Ow]_ Mr. Sasser So, that doesn't create you a problem? Mrs. Nauven: too. Mr. Sasser: And the publications are redone. Even though that was published in January in the local newspaper. It makes no difference because you republish every time for the legal notices anvway. As of richt now we have no meeting then until the 29th. There is no reason for a workshop because you have nothing. O.k., we will cancel the 8th unless hear from you and we will set this down for the 29th. Can I have that i the form of a motion? Mr. diPierno: So moved_ Mr. Prager: Second. Vote: All avec_ Mr. Sasser: That should get you enough time. You may want to talk to an attorney. You may want to talk to D.O.T. and get traffic and all of those things. This will be set down for the 29th then ho -Deft -illy we can move forward. I mean I don't want to delay you, but we can't go forward without knowing what you are doing. Mr. Prager: I make a motion to adjourn. Mr. diPierno: Second. Vote: All avec. MEETING ADJOURNED AT 8:12 P.M.. Respectfully submitted, MK -s. Lindg Nguyen, Secretary Town of Wappinger Zoning Board of Appeals