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1991-02-06r %W F �^ Town of Wappinger Planning Board February 6, 1991 Minutes F5 Town Hall 20 Middlebush Road Wappinger Falls, N.Y. The regular meeting of the Town of Wappinger Planning Board was held on Wednes- day February 6, 1991, at the Town Hall, 20 Middlebush Road, Wappinger Falls, NY beginning at 7:30 PM Roll Call Members present Mr. Keller - Chairman Mr. Parsons Mr. Perillo Mr. Musto Mr. Simonetty Others Present Mr. Mills Mr. Hawksley Mr. Levenson - Zoning Administrator Mr. Arnold - Town Planner Mr. Paggi - Town Engineer Mrs. Hardisty - Secretary to Planning and Zoning Boards ' kw Meeting was called to order at 7:30 PM Mr. Parsons: Made a motion to open the meeting Mr. Musto: Seconded G1Ppmmwy 2%=NftQFNWM [I RAV= am �<_ Vote: Mr. Keller: aye Mr. Simonetty: aye Mr. Musto: aye Mr. Perillo: aye Mr. Parsons: aye Motion carried. Mr. Musto: Made a motion to approve the minutes of January 22, 1991 Mr. Perillo: Seconded. Vote: Mr. Keller: aye Mr. Simonetty: aye Mr. Perillo: aye Mr. Musto: aye Mr. Parsons: aye Motion carried. Mr. Keller: First item on the agenda is a Public Hearing. Appeal # 1099 - The Planning Board of the Town of Wappinger will hold a Public Hearing pursuant to Section 513 of the Town of Wappinger Zoning ordinance. At the request of Dawn Flynn and Peter J. Benes, seeking a Special Use Permit to conduct a Real Estate les office in a residential zone under Article IV Section 430 of the Town of appinger Zoning ordinance of property located at 1 Dorothy Heights, and being parcel # 6158-04-614349 in the Town of Wappinger. n (2) Mr. Parsons: Made a motion to open the Public Hearing. Mr. Musto: Seconded. "vote: Mr. Keller: aye Mr. Simonetty: aye Mr. Perillo: aye Mr. Musto: aye Mr. Parsons: aye Motion carried. F5 Mr. Levenson: Mr. Chairman as this is the first Special Use Permit to come before this Board, I would like to open up with a couple of remarks. Number 1. approximately 18 months or two years ago it came to my attention that there was a Real Estate office operating at 1 Dorothy Heights. I sighted the owner and the owner consulted with an attorney. The attorney who represents her got into a conversation with the attorney that represented the Town of Wappinger, Mr. Richard J. Cantor and Mr. Wood. It seems they went round and round for about 4 or 5 months, and they came to an agreement. Mr. Wood agreed with Mr. Cantor's finding that there was no need for a Special Use Permit. I took a great excep- tion to it, but I couldn't effectually do anything about it, until the new Town Attorney came on board, and we discussed the situation. Mr. Roberts informed me by letter that any home occupation, according to the ordinance that was in effect when He came on board, which was a year ago, requires a Special Use Per- mit. Subsequently the New Ordinance was adopted and it states the same thing. Now, I tried to contact Mrs. Flynn, and Mrs. Flynn and I were at odds, because Mrs. Flynn was lead up the old dirt tract, by a contractor. He told her to for- get about the Zoning Administrator, forget about the Building Inspector, forget about everybody. We proceeded to try and contact Mrs. Flynn. I am not going to get into Mrs. Flynn's personal problems, but for about six months Mrs. Flynn had some serious personal problems, and she did not respond. Finally I got in touch with Mrs. Flynn, and Mrs. Flynn and I sat down and resolved the problems. Number 1. all the building permits on all the construction have been issued, and C of O's have been issued of some of it. Two items are still being constructed. We are waiting for the call to issue the C of O. The other thing is I inspected that building, and I find no second kitchen. Which means there is no apartment in that building. I personally effectually visited the building and walked through the property. Mrs. Flynn has filed a request for a special Use Permit under the present regulations. She came forth and she and I buried the ax. We have now processed this application. I am telling you, this is the first Special Use Permit that is before this Board. We have looked at the site and we have determined that there is a minimum of six parking spaces if not more there. The other thing is the secretary to the Planning Board is a former employee of Mrs. Flynn and had worked for her for some time. She is prepared to file an affidavit as to what I found on my inspection of the building. I think that if you look at that building, as to what was there and what is there now I think it has really and truly become an asset to the community. And as I said a Real Estate office is permitted under the Home Occupation Rule and requires a Special Use Permit, .~oder Section 430. %W Mr. Keller: Any comments from the Board? n (3) 0 Mr. Parsons: Speaking for myself, I would like to hear if there is any comments from the neighbors. I have some questions, but I think it would be nice to hear what the neighbors have to say first. Mr. Keller: Is there anyone here to speak for the applicant? Mr. Levenson: Mrs. Flynn is here. Mr. Keller: Ok, we will open it up to the public. Is there anyone here in the audience who would like to speak for or against this project, if so would you please stand up and state your name and address for the records. Mrs. Girton: I lived at 1 Pine Hill Road for more then 18 years, that's two houses one block up from Dorothy Heights. Previous administrations have allowed people to start businesses in residential areas, and not always allowed with a special Use Permit. Flynn Realty put out a sign before they completed their renovations. Being in Realty they knew the area was zoned residential, and one family. I have had occasion to call the Zoning Administrator when I take my evening walks, and found three P.V.C. pipes running from the foundation right straight out to New Hackensack Road. They are no longer visible, I don't know if they still exist, I would like to know that. qtr. Levenson: They have been removed. Mrs. Girton: Good. It was a long while after opening for business, before anyone resided in that house. In the past this kind of frequent disregard for Town ordinance has been allowed. We have a reputation in this town for closing the barn door after the horse is gone. How is this handled, how will this be handled in the future? What is the procedure? So somebody just can't come in and say, I am going to buy a house at 3 Dorothy Heights, I am going to put a hundred thou- sand dollars in renovations in it, and put out a business. And maybe a year down the road, they will start bugging me for the permit for my business. I don't like this, being stepped all over. I vote against the Special Use Permit on principle, I believe they knew that they could go about things this way, once they spent all this money. How can this kind of thing be stopped? So what is the procedure? Mr. Parsons: Just sit tight and listen and we will show you. Mr. Keller: Anyone else like to speak out on this project? Please state your name and address for the record please. Mrs. Estelle Zak: 7 Dorothy Heights. This has been an on going violation for many, many years. We first, as Mrs. Girton said, noticed it. There were Public Hearings here, we came out in force. In fact our entire homes, I think there were 30 home owners, we were all here. only to have it end in a, well let me just go over several things. February 23, there was a hearing before the Zoning -ard of Appeals for a Special Use application, %W Mr. Levenson: What year please Mrs. Zak. M (4) Mrs. Zak: 1988, February 23. Mr. Levenson: Was it on this property? In Mrs. Zak: Sure. And that first appeal said residence at 1 New Hackensack Road, and at that meeting we corrected it and said the house was located at 1 Dorothy Heights. Then no one showed at that meeting so it was postponed, and it was doing business right up until June 28, 1988. We all came out here every time there was a meeting only to find, they didn't show up. Then in June the Zoning Administrator told us he was washing his hands of this. He is letting the court settle it. I think that is when he mentioned the lawyers and the contractor. Mr. Levenson: I never said that the courts were going to settle it, because there was no action Mrs. Zak: You did, I wrote it down. Mr. Levenson: Mrs. Zak, there was negotiations between Mr. Cantor and Mr. Woods at that time. And I said the attorneys were discussing it, and that they would give me an option. I didn't say the courts, because we didn't have and summons. Mrs. Zak, we can't be in court unless we have a summons. Mrs. Zak: What was the case before Judge Francese? —Mr. Levenson: That was the sign permit. Mrs. Zak: The sign permit. Mr. Levenson: The sign permit, yes. Mrs. Zak: Well anyway, that too we don't know what happened, because my son came to the hearing, it was about 12:00 clock in the afternoon. My son came out several residence came out we never knew the outcome. As a matter of fact it seems they settled things in the hallways, we never really got to know what happened. Then I guess it was when the plans came in, it seems to be two owners. The first appeal only had one name on it Dawn Flynn. This appeal has another name on it. They have been conducting this business back since February 88, advertising in the papers, I have copies of the papers. They list the business as 22 New Hackensack Road. I really don't know what's going on, I think they are trying to confuse all of us. In the mean time they came in, had a contractor gut the whole place, as I use to be friendly with the owners that use to be there, I know what was in the house. They gutted everything. And after they moved in, one of the neighbors was in and was told they had a conference room on the first floor. Now I don't know what the conference room was for, what the purpose is. We like to know what really is being done in that house. As far as the parking went they didn't have enough parking. They had no access from New Hackensack Road, so the driveway was put on Dorothy Heights for an access. —,-s. Flynn: The driveway was there when I brought the house. Mrs. Zak: The driveway was shaped so that when cars do come in and park, they face the neighbors bedrooms. At night if they come in, those cars are parked (5) facing the neighbors bedrooms. There are no shrubs to screen that, and I think there should be some regulations put on, they shouldn't have been allowed to occupy that house. There was no building permit, there were no site plan, I wonder how they got this far. Mr. Keller: I think there were building permits. Mrs. Zak: No there wasn't until I reported it and Mr. Levenson went out after them. Mr. Levenson: Mrs. Zak, on February 22, 1988 building permit #88-177 was issued for a two story Mrs. Zak: How was that issued without a site plan? Mr. Levenson: We can issue a building permit for that type of an operation with- out a site plan. The Zoning Administrator, under the Zoning Law of the Town of Wappinger, all he has to approve is the side, rear and Mrs. Zak: That is not what I was told when I questioned it. When I questioned it Mr. Levenson: I am telling you, what happened, the record is here. I will pro- duce '10Mrs. Zak: I don't see the record, I went into the man who handles the site plans, I was in the room with him he couldn't find anything. Mr. Levenson: Who handles the site plans, what is the name? Mrs. Zak: Mr. Classey. Mr. Levenson: Mr. Classey, doesn't handle the site plans. Mrs. Zak: He was the one you told me to see. Mr. Levenson: Mr. Classey handles building permits. After the Zoning Administra- tor approves the Mrs. Zak: He is the one I was talking to Mr. Parsons: Hold! Time! Time both of you. I think you, this is a public hearing not a battle. You tell Mrs. Zak: I am not battling, but I am quoting Mr. Parsons: Just listen to me, just listen to me, just listen to me for a min- ute. You state your case, we want to hear any concerns you have. Herb, sit down. We will hear what you have to say, and then we are going to decide, and sk questions. But a public hearing, is for the public to get up and speak, not %po have a big battle. Mrs. Zak: Well, I'm telling you the story. n (6) Mr. Parsons: Good, you tell your story and we will listen to it. Mrs. Zak: I was told there was no site plan, I wanted to see it, because someone said they didn't have the frontage for that sign, where it is. The drain pipe which Mrs. Girton talked about. It was the residence of the street that finally told the highway superintendent about this. And the Town of Poughkeepsie Highway Department was the one who came to the door and made them correct it. Mr. Keller: Town of Poughkeepsie? Mrs. Zak: That's right because New Hackensack is a Town road. Mr. Parsons: You are talking about Dutchess County. You have a lot of your facts wrong. Mr. Keller: Town of Poughkeepsie, has nothing to do in the Town of Wappinger, what so ever. Mrs. Zak: The neighbors called me and said the Town Highway superintendent was out. Mr. Parsons: Someone is giving you the wrong information. Mrs. Zak: Anyway, it was corrected, they came out and corrected it. But who knows where that pipe went. Where it is draining. There are two houses very close by, it could be draining on either side of them. And I think all of this should be brought out and we should know what's going on. Mr. Keller: OK. Mrs. Zak: As far as the site plan, as I said, I was in the office they could not find one. And the man told me he was "told" to give them a building permit. I asked him who told him, and I am just not going to bring it up just not, but she is no longer in office. And this the way we do business in this town. Mr. Keller: Thank you, for your comments. Anyone else like to speak for or against this? Yes sir, state your name and address for the records. Mr. Tom Zak: From 7 Dorothy Heights, Wappinger. I would just have a question that seems to be a little bit of deception here. And I am just going to state it. I don't know if it is right, wrong, or indifferent. The business is being advertised as New Hackensack Road, and this is being presented as 1 Dorothy Heights. If it is 1 Dorothy Heights which is a residential piece of property, even New Hackensack Road being a residential piece of property. I see a little bit of deception here tonight, and I like to get it cleared up. Mr. Keller: I don't know if it is a deception, I think it just a question of 1Zould it be 1 Dorothy Heights, the address should be Dorothy Heights or New %beckensack Road. That I don't think really enters into the picture, it is what the property is zoned. And you are saying it is zoned residential, right? I Ihw (7) Mr. Zak: Yes, sir. Mr. Simonetty: Can't we clear that up by asking what the Post Office uses for delivery address? Mr. Levenson: No. The legal notice stated 1 Dorothy Heights, that's the legal address. Mr. Simonetty: Where does the mail come from? Mr. Levenson: The mail has nothing to do with it. The real property tax rolls, where we get all this information, reflects that 1 Dorothy Heights is the cor- rect address. Mr. Simonetty: Well I am confused now, why is that a bona contention of what relationship does that have, to the application. Mr. Keller: I don't either. Mr. Parsons: Lets listen to these people, and then we will discuss this. Mr. Simonetty: I thought he was done. %WMr. Keller: Wait a minute Mrs. Zak, I liked to talk to anyone else. We are not going to make a repetition of this. Once is enough. Anyone else like to speak for or against this project? Anyone else? Mr. Simonetty: I think she said she forgot something. You forgot something Mrs. Zak? Mr. Keller: Wait a minute, just a moment please, there is a lady in the back. State your name and address please. Mrs. Hammond: 14 Dorothy Heights. My concern was people parking on the road. Because residence who live there, and when they had company they would park on the street, And it was a real hazard, when you come around the curb, and up the hill. Now they have taken care of that with the parking lot. My concern is if they get very busy, and this does occur, is there anything we can do? Mr. Keller: Yes, Mrs. Zak, one more time. Mrs. Zak: I just wanted to be sure that the people applying for this Special Use Permit reside in the house. Because I thought that was the only way they could get an accessary use. Mr. Levenson: I will file an affidavit that, that is so, rs. Zak: Well, I live there and I see what goes on. %r Mr. Parsons: I think you should understand why there is a Special Use Permit. And how it works, and what the purpose of it is. The real purpose of it is that (8) n it use to be the Zoning Board of Appeals, now the Planning Board, teeth in order to lay down rules, regulations, restrictions and everything we feel that is going to make this work in a residential area. That's why they are required to have a Special Use Permit. It is in a residential area, and we decide where they are going to park, what hours they are going to keep, how many cars they are going to have there, how many rooms in the house they are going to use, the drainage, the parking on the road, what kind of lights are going to be around there. All those things we decide and whatever we decide becomes part of the Special Use Permit. And if any of those are violated, zap! you could get closed down. Its' as simple as that. That is why we are here tonight to resolve this and take care of it. Mr. Keller: This is the first time we have seen this, OK. I don't believe this has ever been before us before. we haven't even seen it, so we have to review it, ourselves and the engineer has to review it. Mr. Parsons: You are dealing in the past. He just told you we have never seen it before. If you have a problem with what happened on the past go talk to the Supervisor. It is before the Planning Board now, we are dealing with it and we plan on dealing with it. so keeping digging up what happened or who did what, way back when, isn't going to do you a bit of good. %,4r. Keller: Your comments will be noted and reflected, everyone's comments will be part of this process, we are not ignoring you. This is the first time it is before us , so everyone's comments will be duly noted. Anyone else care to speak for or against this? Mr. Parsons: Made a motion to close the Public Hearing. Mr. Musto: Seconded. Vote: Mr. Keller: aye Mr. Perillo: aye Mr. Musto: aye Mr. Simonetty: aye Mr. Parsons: aye Motion carried. Mr. Keller: Now I would like comments from the board. Mr. Parsons: Number 1. This is not sufficient in my mind, this is a joke.( ref- erring to the plan) It doesn't tell us anything. There is no dimensions, it doesn't show us where the properties are. If there is a better map I would like to see it. Mr. Musto: I think you should show the sewerage disposal. Mr. Parsons: Water, septic where it is, people. We need to know a lot of things. _.ant? %r Mr. Benes: Right here. is it going to handle the additional Is someone here representing the appli- OR Ex rn Mr. Parsons: Are you making notes? Mr. Benes: Yes, sir. Mr. Parsons: Ok, we are going to need to know where the well is, the septic system. Mrs. Flynn: Can I show you? Mr. Parsons: No. I want a map showing all these things, just listen carefully. A map showing where it is, a map showing this parking, and all the dimensions. A map showing some of the properties at least the ones that border the property, so that we can see what is there. You need to tell us what hours you plan on being open. You need to show us where there is going to be any outside lights, what so ever. The number of employees you plan on having or the number of people using this facility. Show us a sketch of the inside of the house, as to how many rooms you are going to use and what you are going to use them for. Show us the drainage situation, the parking, if this is going to be sufficient, it has to be spelled out better. And sign location, and as far as inspections under the Spe- cial Use Permit, they generally have a stipulation in there that it's the pur- view of the Zoning Administrator and the Code Enforcement officer, at his, when he decides to check to make sure the owner, or so called resident actually lives v,'here. These are all the things that we will need for your Special Use Permit. Mrs. Flynn: Doesn't this show the abutting property owners? Mr. Parsons: This is a map, this is the size you could live with, provided you turn around and get an engineer to draw all these other things in there. But Mr. Musto: We have to know all these things. Mr. Parsons: And that is the things I know we should know, and maybe some other members should look at it. Mr. Keller: Maybe Jay should look at it, to see if it is in compliance with what he requires. There are certain requirements you have in regards to Special Use Permits right Jay? Mr. Paggi: We go by site plan. Mr. Keller: You haven't seen this yet, have you? Mr. Paggi: No. Mr. Keller: So it has to be reviewed by Jay for his comments. This is the first time I have seen this, that is why I am surprised all this stuff is coming out. "r. Perillo: I have a question for Mrs. Flynn. What's on either side of you? It %peems to be a contention whether you are New Hackensack Road or Dorothy Heights. I could accept the fact you are bordering New Hackensack Road, providing you 1�hr► 1400 (10) are not going with the driveway down into a residential area, You don't have a driveway there? My question is do you have private residence on either side of you, on New Hackensack, facing New Hackensack Road? Mrs. Flynn: No, when we brought the house, the address was New Hackensack Road. I came here and looked at the tax rolls to find out what # it was, so I could get the mail sent to the right address. They said they didn't have a #, go to the Post office. I told them that the mail box was on Dorothy Heights, Mr. Perillo: Rather then you going any further, my real question, maybe I didn't word it right. Is the Post office will assign almost anything you want. But basically is this a house that is actually on New Hackensack Road? Facing pri- marily with the front entrance on New Hackensack Road? The way it appears here it is not. Mrs. Flynn: The entrance is not on New Hackensack Road. The house fronts New Hackensack, but the entrance is on Dorothy Heights. Mr. Perillo: So you are just set up with just a side driveway, type arrangement. Mrs. Flynn: Right, because there is no driveway coming from New Hackensack, and it is kind of foolish putting an entrance in the front. %W Mr. Keller: The house faces New Hackensack Road. Mr. Perillo: on the other side of you to the north side of you on New Hacken- sack, how is that house configured? Is it on New Hackensack? Mrs. Flynn: Yes, That faces New Hackensack and has a driveway on Pine Hill and New Hackensack. Mr. Perillo: Two separate driveways? Mrs. Flynn: Yes. Mr. Keller: Any comments from any other board member? Mr. Simonetty: Has this house always been occupied as a residence, since the renovations? Mrs. Flynn: Yes, sir. Mr. Simonetty: So you live there? Mrs. Flynn: Yes. Mr. Simonetty: What was the issue of the three pipes they were talking about ,arlier? Mrs. Flynn: They were french drains, I believe that is what you call them, from the foundation footing drains. Mr. Levenson: It was called to my attention be Mr. Croshier. Mr. Croshier notified the County. The County called me and called Mr. Croshier, and said they wanted them removed. They have been removed. Mr. Simonetty: They were allowing water to go into Mr. Keller: Into the ditch line probably. Mr. Simonetty: On New Hackensack Road? Mr. Keller: Yes. Mr. Parsons: What do you do about the foundation now? Mr. Benes: The drain is not connected, its capped in the ground. Mr. Keller: I mean, is there any rule that the County has, that says you can't have your footing drains run into the County Road? As long as it doesn't run on the pavement, it runs to the drain. Is that allowed Jay? Mr. Paggi: If it goes to the swale the County would possibly allow it. %,4rs. Flynn: Well we pulled it out, and I am not putting it back. Mr. Keller: I wouldn't either if it was a drainage swale, that is what it's there for. Mr. Levenson: A corner lot requirement according to 413.3 says that a rear yard shall be provided on each corner lot and the property owner shall elect which yard is the rear yard. So what they have selected made Dorothy Heights the front yard. Mr. Simonetty: The people addressed the issue of the head lights. First of all is the parking lot installed now? Mr. Levenson: Yes, it is a gravel parking lot. Mrs. Hardisty: Blacktopped. Mr. Keller: In my own option I think we have to refer it to Jay, for compliance of site plan and his comments. Like the parking and lighting or anything else. Mrs. Flynn: We are not open at night, for the people to come in. So that will not be a problem with lights shinning in someones bedroom. Mr. Perillo: But there is a problem with parking, after 5 PM and so forth. I am sure you must have clients that show up after work, and in the winter time. %wrs. Flynn: I wish we did. Mr. Perillo: Yes, I know but business may start booming. A lot of what Chris is (12) In referring to is the effect it has on the adjoining neighbors properties. So something that would be in order would be some kind of buffer. Mrs. Flynn: There are pine trees surrounding my property. Mr. Perillo: Yes, I realize that but if it is a problem, they still have to meet with what is required. Mrs. Flynn: What I mean it actually screens two of the places with the exception of someones garage, with an apartment in it, and it doesn't screen that. However at night the easiest thing for me to do is park facing one of the two ways that has solid pine trees. They are probably 25 to 30 years old. Mr. Perillo: We will look at it, but you may have to consider just arranging it so that people do park with their lights facing you. Mr. Keller: Well, if there are trees there existing trees, they should be indi- cated on the map. If you have existing trees there then you don't have to do anything. Mr. Simonetty: Do you have all the things we want on the map? You made notes of everything? %W Benes: Yes. Mr. Simonetty: This has to go to the Fire Prevention Bureau to doesn't it? Mr. Levenson: The Fire Inspector has already inspected it. Mr. Keller: They have inspected it? Do they want to look at if for the entrance? Mr. Levenson: They found that everything is fine, they inspected the building also. Mr. Keller: But Jay has not looked at it yet. Right? At the site plan. Mr. Parsons: Well it really isn't a site plan. Mr. Keller: Well, I mean it is suppose to be a site plan, am I right or wrong? Mr. Simonetty: No, technically it is not required for this. Mr. Levenson: It is an approved building lot. Mr. Parsons: But we do for a Special Use Permit, we so have the right to see a map Slowing all these things. Where they are and where they are going to be and so forth. otherwise how can we work. %r[r. Simonetty: Otherwise it is a guessing game. Mr. Keller: That is what I am saying, 0 (13) In Mr. Parsons: I don't know if you want to call it technically a site plan. Mr. Keller: Well then maybe I shouldn't be doing that. Mr. Simonetty: I think we should stay away from that terminology. Mr. Parsons: It's a map of the property. Mr. Keller: Do you fellows want to make some notes so we can tell these people what they have to do? Mrs. Flynn: Excuse me, but would it help if I supplied photos along with the drawing to show the way the trees actually do shield the property. Mr. Parsons: Sure. Mrs. Flynn: Will that be all right? Mr. Parsons: You have the outside lights, voltage, rooms used, well, septic, drainage, parking, Mr. Simonetty: Is the sign that presently exists, is a small Real Estate sign? %W Mr. Levenson: It is a legal sign according to the sign ordinance. And the fee has been paid, and it is properly in order. Mr. Simonetty: That wasn't my question. Is that the sign you intend to keep on a permanent bases? It's not going to be enlarged or changed? Mrs. Flynn: That is correct. Mr. Simonetty: Thank you, thank you Herb. Mr. Keller: Anyother questions from the board members? Mrs. Flynn: I think there was a question that someone had about it being to close to the road or something. It's not. Mr. Keller: Well Mr. Levenson, said it was in compliance. Mr. Levenson: That's right. There is a permit on it. Judge Francese ordered Mrs. Flynn, Wait a minute just to clear the air. There was a hearing held, I prose- cuted the case myself. Mrs. Flynn did not appear, the contractor appeared and lie told the Judge he wasn't going to do anything. The Judge told him that either he was to go in and fill out a permit for a sign permit right now or else we were going to access a daily penalty. {r. Simonetty: The sign issue is resolved you said, It's legal it's fine. I just Ift'vanted to see if that was the sign they planned using, if this application is granted. Or if they planned on changing the sign. Because if they were going to change the sign, that also would have to be reflected on the drawings. (14) Mr. Levenson: Well the existing sign has to be on the drawing also. M Mr. Keller: I think we have kicked this thing around long enough. Are you going to give the applicant a letter of what they have to do? Mr. Levenson: Yes. Mr. Keller: And then come back with a different plot plan, Lets call it a plot plan then. Mr. Parsons: We will give you a gold star for that one, that is the word. Mr. Parsons: Made a motion to adjourn the Public Hearing. Mr. Simonetty: Seconded. Vote: Mr. Keller: aye Mr. Musto: aye Mr. Parsons: aye Motion carried. Mr. Perillo: aye Mr. Simonetty: aye *awMr. Keller: For everyone here, the Public Hearing is going to be adjourned to a later date. After we have all the information in. And the applicant comes back in and gets on the agenda again, for the continuation of the Public Hearing. And then hopefully they will have time to look at it. Any other comments from the board members? Ok, that's it. Mr. Keller: Next item on the agenda is a discussion. Mid Hudson Chinese Chris- tian Church. - Site Plan and Special Use Permit grid # 6257-02-966715, in the Town of Wappinger. I would just like to note for the records, that these people have spoken to my son, in the anticipation that they might do some of the work on that building. So I am going to abstain from any voting on this project. There were 4 sheets to the application Mr. Arnold, received the site plan maps, and the Planning Board received the map for the Special Use Permit. Mr. Arnold: Read his notes dated February 5, 1991. (copy on file) Mr. Levenson: I have two things to put into the record. 1. on the presentation of this application, there was an overpayment of fee, I was out and we have put into work the motion, so we have a clean slate, To refund the overpayment to Mr. Huang. That's before the Planning Board at this moment. 2. We have a Fire Pre- vention Bureau report, Mr. Levenson, read this report. ( copy on file ) There was a discussion about the parking and location, buffer areas, the school nd how the plan should be changed. The letter from the Fire Prevention Bureau %ias discussed, about limited access. There was also a letter from the Dutchess County Highway Department. ( copy on file.) Landscaping was talked about, the entrance of the front of the church and a handicapped ramp. The design of the �1rv' (15) church was also discussed. In Mr. Paggi: Read his notes dated January 24, 1991, (copy on file ) concerns about water supply, site plan and drainage. There was a discussion that the plans should be redone, and all the concerns addressed. Mr. Keller: Next item Grossman subdivision-- request for a six (6) month exten- sion. There was a discussion on where the property was located and B.O.H. approval. Mr. Parsons: Made a motion to grant the six (6) month extension. Mr. Simonetty: Seconded. Vote: Mr. Keller: aye Mr. Parsons: aye Mr. Musto: aye `%wMotion carried. Mr. Simonetty: aye Mr. Perillo: aye Mr. Keller: Next item on the agenda is Art - Tex Petroleum - Letter dated 1-22-91 requesting entrance way of Gas City Station to be widened. Mr. Lieberman was present. He explained how the gas trucks had problems turning around, and how they had to back out on to the road. The Board said that a revised site plan should be submitted to allow a 6' cut in the curb. Mr. Keller: Next item Stewart's - conceptual site plan on Route 9D and New Ham- burg Road. There was a discussion about the plan of which way was North as it was wrong on the plan. Mr. Frank was present, the Real Estate Manager for Stewart Ice Cream. He said that this error would be corrected. Mr. Arnold: Read his notes dated February 5, 1991. ( copy on file ). He had many concerns on square footage, Special Use Permit, parking Architectural Plans, size, traffic flow and other things. 110Mr. Frank: Made a presentation about what Stewart's was (letter on file). He also stated they were a contract vendee. There was also a letter from the New York State Department of Transportation dated 1-24-91 where they have referred (16) the site plans to the Regional Office, because of their concerns. (letter on file) Mr. Paggi: Read his letter of January 24, 1991 (copy on file). He had concerns about the site. The entrance, exits, sanitary sewer system, fill, storm drain- age, well, design and parking. The board discussed all the problems along with the design of the building, and how it would not fit into the surrounding design. Also how the size of the property in regard to what they wanted to put on it. Mr. Frank: Said he would take all the concerns of the board into consideration, and be back to us. Mr. Keller: Next item - winters -Subdivision request for a one (1) year exten- sion. The Board discussed the reason. Mr. Musto: Made a motion to grant a one (1) year extension. %W Mr. Perillo: Seconded. Vote: Mr. Keller: aye Mr. Simonetty: aye Mr. Parsons: aye Mr. Perillo: aye Mr. Musto: aye Motion carried. There was a discussion of the next meeting of March 4th 1991 and how many mem- bers would be missing. The meeting was changed to March 6, 1991. Meeting was adjourned at 10:15 PM Res ectful y yours Gay nn Hardisty - Se ry Pla ning and Zoning Boar