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2008-12-09 Town of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals December 9, 2008 Summarized Minutes Members: Mr. Prager, Mr. McVeigh, Mr. DellaCorte, Mr. Casella, Page 1 Chairman Member Vice-Chairman Member Ms. McEvoy-Riley, Member Members Absent: Others Present: Ms. Lisa Cobb, Mrs. Lukianoff, Mrs. Roberti, Minutes of December 9.2008 Town Hall 20 Middlebush Road Wappinger Falls, NY Attorney Zoning Administrator Secretary SUMMARY Public Hearin2: Paul Bryce McCann JP Morgan Chase Bank Adams Fairacre Farms - Variance Granted. -Adjourned to January 13,2009. -Variances Granted. Town of Wappinger Zoning Board of Appeals Page .2 Minutes of December 9, 2008 ~ Appeal No. 08-7387 Paul Brvce McCann- Seeking area variances of Section 240-37 of District Regulations in an R- 20/40 Zoning District. -Where a front vard setback of 75 feet is reQuired, the applicant is proposin2 a front vard setback of 65 feet. to allow for a 8' X 24' front porch, thus reQuestin2 a variance of 10 feet. The property is located at 449 All An2els Hill Road and is identified as Tax Grid No. 6357-03- 128058 in the Town of Wappinger. Present: Ernie Randbe for the applicant. Mr. Casella: Mr. McVeigh: Vote: Motion to open the public hearing. Second the motion All present voted aye. Mr. Prager: Are the mailings in order? Mrs. Roberti: Yes they are. Mr. Randbe: We have an existing porch there right now that is 4 foot wide and everything is falling apart and they want to change the design of it to make it look better. They want to put railings on the front, etc. '-' Mr. Prager: The board did a site visit and I went by today. Does anyone else have any questions? (No.) Is there anyone in the audience with a comment? Hearing none. Mr. Casella: Mr. DellaCorte: Vote: Motion to close the public hearing. Second the motion All present voted aye. Mr. Casella: ZBA Roll Call: Motion to grant the variance. This will not produce an undesirable change in the neighborhood, there will be no environmental impact and this is not substantial although it is self- created. Second the motion Mr. McVeigh: Mr. DellaCorte: Mr. Casella: Mr. Prager: Aye. Aye. Aye. Aye. Mr. McVeigh: Mr. Randbe: Thank you. ~ Town of Wappinger Zoning Board of Appeals Page 3 Minutes of December 9, 2008 ~ Apoeal No. 08-7386 .lP Morean Chase- Seeking area variances of Section 240-29(F)(1), 240-29(F)(2)(a) and 240- 29(F)(6) of District Regulations in an HB Zoning District. -Where a comer commercial lot is permitted (2) two wall siens, the applicant requests (3) three wall siens. thus requestine a variance for 0) one additional wall sien. -Where a commercial lot is permitted 0) one free standine sien not closer than 25 feet to anv propertv line. the applicant is proposine (5) five feet to the propertv line bordering Route 9, thus requestine a 20 feet variance for the free standine sien. -Where no free standine sien shall be taller than (0) ten feet, the applicant is proposine a free standine sien of (2) twelve feet in heieht, thus requestine a variance of (2) two feet in heieht for the proposed free standine sien. -Where one commercial sien is oermitted to be illuminated durine business hours, the applicant is requestine that (3) three wall siens and (1) one free standine sien be illuminated. thus requestine a variance for (3) three additional illuminated siens. The property is located at 1460 Route 9 and is identified as Tax Grid No. 6157-02-650897 in the Town of Wappinger. Present: Ron Patterson Carl Papolla - M & G Services - Attorney Mr. Prager: Are the mailings in order? ~ Mrs. Roberti: Yes they are. Mr. DellaCorte: Mr. McVeigh: Vote: Motion to open the public hearing. Second the motion All present voted aye. Mr. Papolla: We are petitioning this board to erect two wall signs and one free standing sign. Our first request is for permission to illuminate the existing sign on the north side of the building and also the west facing sign which faces Route 9. We are also requesting permission to erect a south facing sign which would be for north driving traffic. In light of the importance of illumination the applicant would comply with any illumination restrictions placed by this board. The signs will not interfere with adjoining properties or create an adverse affect. There are some retailers and gasoline stations that also have three or four signs such us the Hess station, the Seven Eleven, T Bank and Arby's which are all in close proximity of this site. Our third request is for the installation of a pylon sign of 12 feet in height and a 5 foot setback. The 12 foot in height request is due to the 3 foot slope it would be placed on. There is also a series of trees on Route 9 and in warmer weather it would be blocked for visibility. The signs won't be a safety concern nor will they change the character of the neighborhood. Mr. Casella: You have two signs out there now, correct? '-' Town of Wappinger Zoning Board of Appeals Page 4 Minutes of December 9, 2008 Mr. Papolla: Yes. We are allowed two signs since we are a comer lot. The electrician erred in lighting these signs at this point and it has been corrected. ~ Mr. DellaCorte: Hess and Home Depot in the Village. Mr. McVeigh: Show me where the pylon will go. Mr. Papolla: Went up to the dais to explain sign placement. Discussion took place as to sign placement and illumination. Mr. Prager: What times are these signs to be illuminated? Mr. Papolla: How about 10 pm? Mr. Prager: Is there anyone in the audience with a question or comment? Mr. Pfeiffer Dwight Pfeiffer, 4 Fowlerhouse Road. I always thought Chase was a community based bank so where is the need for over signage. This seems a bit excessive. I would think over time people would know where the bank is. Mr. Papolla: Explained proposed signage to Mr. Pfiefer. ~ Mr. Pfeiffer: Signs are not for safety that should spot lighting. Mr. Prager: What size is the signage on the building? Mr. Patterson: On the north elevation it is 24 inch channel letters. Mrs. Lukianoff: Both signs are under 50 sf. Mr. Prager: Will the third sign be the same size as the one facing Route 9? Mr. Patterson: It will be, yes. Mr. Prager: Because DC Planning hasn't responded yet we will adjourn this public hearing until January 13,2009. Mr. DellaCorte: Mr. Casella: Vote: Motion to adjourn the public hearing to January 13,2009. Second the motion All present voted aye. Mr. Papolla: Thank you. ~ Page 5 Town of Wappinger Zoning Board of Appeals ~ Minutes of December 9, 2008 . Aooeal No. 08-7385 Adams Fairacre Farms- Seeking area variances of Section 240-29(F)(1) & 240-29(F)(2)(a) of District Regulations in an HD & HB Zoning District. -Where only one (1) wall sien uo to 100 s.f. in area is oermitted oer commercial structure. the aoolicant is reauestine two (2) wall siens. each uo to 100 s.c. in area, thus reauestine a variance of two times allowable sienaee with the total increase of 100 s.f. in area. -Where a freestandine sien is allowed no taller than 10 feet in heieht and 25 SQ. ft in area. the aoolicant is reauestine a freestandine sien of 12 ft. tall and 95 sa. ft. in area, thus reauestine a variance of 2 ft. in heieht and 70 sa. ft. in area. The property is located at 152. 154 & 158 Old Post Road and is identified as Tax Grid No. 6157-04-614375.649374.649335 in the Town of Wappinger. Present: Mr. Prager: Mrs. Roberti: Mr. Casella: Mr. DellaCorte: Vote: ~ Mr. Tinkelman: Mr. Prager: Mr. Tinkelman: Mr. Prager: Mr. Tinkelman: Mr. Casella: Mr. Tinkelman: '-' Steve Tlnkelman - Architect Are the mailings in order? Yes they are. Motion to open the public hearing. Second the motion All present voted aye. Weare here as a follow up to our last presentation and we are requesting two variances. The first one is for two signs on our building as we have two main doors with many departments within. The signage is very undersized against the size of our building and where we are allowed 100 sf in total we are requesting each sign to be up to 100 sf. Our second variance request is for a pylon sign of 12 feet in height so that we may put some plantings below and to install a reader board on it. This is why we are also requesting the additional sf on the sign from 25 sf to 95 sf. Our sign would be in scale with like signs nearby. All of our signs will have a very agricultural feel and look to them. I see the west entry would be for products and the east entrance would be for the garden center. That is correct. We will have a gable front over each door as well. Are you changing the window size? 75 sf is actually the size of the Newburgh and Kingston stores but this entry is larger and it seems that the size would seem out of proportion. So you are asking for 100 sf for each sign but it could be smaller? Correct. Town of Wappinger Zoning Board of Appeals Page 6 Minutes of December 9, 2008 '-' Mr. Prager: Is there anyone in the audience with a question? Hearing none. Mr. DellaCorte: Mr. Casella: Vote: Motion to close the public hearing. Second the motion All present voted aye. Mr. Casella: Motion to grant the variances. This will not produce an undesirable change in the neighborhood, in fact this is going to be something very good to the neighborhood and very positive to the area. There is no substantial detriment to nearby properties and no adverse affect to the environment. It is somewhat self-created and substantial but I don't think it will have an impact to the surrounding area. Second the motion Mr. McVeigh: Mr. DellaCorte: Mr. Casella: Mr. Prager: Aye. Aye. Aye. Aye. Mr. McVeigh: ZBA Roll Call: Mr. Casella: I'd like to make a motion to send a letter of recommendation to the TB in favor of reappointing Howard Prager. Second the motion All present voted aye. ~ Mr. DellaCorte: Vote: Mr. Casella: Mr. DellaCorte: Vote: Motion to adjourn. Second the motion All present voted aye. Meeting ended at 8:20 PM \, .......