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2010-10-12Nr ~~' : z z~ ~z T~~ns-~~ ~~: WAPPING ___ry,_~~~~~~..V ~L~R ER Agenda K Town of Wappinger Zoning Board of Appeals MEETING DATE: October 12, 2010 TIME: 7:30 PM Public Hearing: ZONING BOARD OF APPEALS October 12, 2010 Town Hall 20 Middlebush Road Wappinger Falls, NY Appeal No. 10-7427 Richard Finnerman: Seeking a variance of Section 240-29 (5) of District Zoning Regulations for GB Zoning. -Where No more than one temporary sign is permitted and shall not exceed 6 sa f~ in area. whether it is for construction or sales. The applicant is proposing a temporary "For Lease" sign of 24 sg. ft., thus requesting a variance of 18 sa. ft. for the sign. The property is located at 1515-1525 Route 9 and is identified as Tax Grid No. 6158-04- 572057 in the Town of Wappinger. Appeal No. 10-7428 Stage Door Furniture: Seeking variances of Section 240-29 (5) of District Zoning Regulations for HB Zoning. -Where No temporary sign shall exceed 6 sa. f~ in area. whether it is for construction or sales, the applicant is proposing (2) temporary signs of 240 sa ft each and (1) freestanding sign of 28 s.f., thus requesting a variance of 490 sa. ft. for the three temporary signs. -Where No more than one temporary sign is permitted on each street frontage, the applicant is proposing (2) ttemporary wall signs and (1) temporary freestanding sign, thus requesting a variance of 2 temporary signs. The property is located at 1 Stage Door Road and is identified as Tax Grid No. 6156-02- 777824 in the Town of Wappinger. Discussions: Appeal No. 10-7429- At the request of Nathan's Famous who are seeking area variances of Section 240-29(F)(2)(a) of District Zoning Regulations for HB Zoning. -Where a freestanding sign may not be taller than 10 ft. in height, the applicant is proposing 14 ft. in height for a portion of the freestanding sign, thus requesting a variance of 4 ft. -Where the freestanding sign shall not exceed 25 sf. in area, the applicant is proposing 66.9 sf., thus requesting a variance of 41.9 sf. The property is located at 1491 Old Route 9 and is identified as Tax Grid No. 6157-02- 600971 in the Town of Wappinger. Town of Wappinger Page 1 Zoning Board of Appeals Minutes of October 12, 2010 MINUTES Town of Wappinger Zoning Board of Appeals October 12, 2010 Summarized Minutes Members: Absent Members: Others Present: Mr. Prager, Mr. De1laCorte, Mr. Kuzmicz, Mr. McVeigh, Mr. Casella, Mr. Horan, Mrs. Roberti, FEB 0 7 2011 NilNU7SS MPROVE~ Town Hall / 20 Middlebush Road Wappinger Falls, NY Time: 7:30pm Chairman Member Member Member Member Attorney Zoning Administrator Minutes taken by Ms. Brunello, and transcribed by Mrs. Dao SUMMARY Public Hearin: Richard Finnerman -Variance Granted. StaEe Door Furniture -Variance Granted upon contingent License 30 days. Discussions: ~~ ~~ k ~~ 01 ~~ t~'~ NCR ~~.~ . ,~,. Nathan's Famous: -Public Hearing for January 26, 2010 Town of Wappinger Page 2 , Zoning Board of Appeals Minutes of October 12, 2010 Appeal No. 10-7427 Richard Finnerman: Seeking a variance of Section 240-29 (5) of District Zoning Regulations for GB Zoning. -Where No more than one temporary sign is permitted and shall not exceed 6 sp. ft. in area, whether it is for construction or sales, The applicant is proposing a temporary "For Lease" sign of 24 sg. ft., thus requesting a variance of 18 sg. ft. for the sign. The property is located at 1515-1525 Route 9 and is identified as Tax Grid No. 6158-04-572057 in the Town of Wappinger. Mr. Prager: Are the mailings in order? Mrs. Roberti: Yes they are. Mr. DellaCorte: Motion to open the public hearing. Mr. McVeigh: Second the motion. Vote: All present voted aye. Mr. Prager: Mr. Finnerman is not here. We will have to put that one off to the side and start the next one. Appeal No. 10-7428 Stage Door Furniture: Seeking variances of Section 240-29 (5) of District Zoning Regulations for HB Zoning. -Where No temporary sign shall exceed 6 sg. ft. in area, whether it is for construction or sales, the applicant is proposing (2) temporary signs of 240 sg. ft. each and (1) freestanding sign of 28 s.f., thus requesting a variance of 490 sg. ft. for the three temporary signs. -Where No more than one temporary sign is permitted on each street frontage, the applicant is proposing (2) temporary wall signs and (1) temporary freestanding sign, thus requesting a variance of 2 temporary signs. The property is located at 1 Stage Door Road and is identified as Tax Grid No. 6156-02-777824 in the Town of Wappinger. Mr.. McVeigh: Motion to open the public hearing. Mr. DellaCorte: Second the motion. Vote: All present voted aye. Mr. Prager: Are the mailings in order? Present Jed Ackerman Applicant Mrs. Roberti: Yes they are. Mr. Prager: Can you please come up and explain what you're doing and why you Town of Wappinger Page 3 Zoning Board of Appeals need it. Minutes of October 12, 2010 Mr. Ackerman: We are closing the store down. We are having a store closing. Our plans are to consolidate and bring all employees to our store in Pawling. It's a big building. It's three hundred feet long and a little tiny sign on the building according to code wouldn't do any good. You wouldn't really see it. It's also a big setback. I think it's about one hundred to one hundred fifty back from the road, and people come by the road pretty fast. There are no lights there to slow people down. The signs are up. They are not garish. They're just up against the wall. It is a temporary sign. Mr. Prager: How long do you thing these signs are going to be up? Mr. Ackerman: They' 11 be down by the end of the year. Mr. Prager: December 31st Mr. Ackerman: Yes. Mr. Prager: In the mean time I got some information from our town attorney. It states that actually in order to do this, going out of business, you're going to need a going out of business state sale license that you have to get from the town clerk. Mr. Ackerman: Ok. I don't know the details about this. I will have my lawyer contact the town and do whatever I have to do. Mr. Prager: Mr. Horan. Mr. Horan: Just for the record Mr. Paul Valardi represented Morris, Mack and Max LLC. He sent the town clerk s fax with a question requiring the applicability of Article 29F of the General Business Law. As we discussed briefly last time, that is the state requirement for going out of business sales. Article 29F of the General Business Law was adopted approximately 1969. The intent is to stop deceptive practices where someone would advertise they are going out of business then not go out of business. The way the article set that up is that certain sales are covered by the section. The term in the code is Section 581 Subdivision (a) "Term Closing Out Sale" That would refer to all of the businesses going out, or one branch store. A branch store discontinuous sale, based on Mr. Ackerman, seems to be what is contemplated. Basically it says you can't advertise without a license from the town. There is a requirement that states you can't take merchandise from other locations and bring it to that store location. The license is for a period of 30 consecutive calendar days Town of Wappinger Page 4 Zoning Board of Appeals Minutes of October 12, 2010 and may be renewed for one consecutive period not exceeding 30 consecutive calendar days. That is provision 590 how long a sale can take place. Also provision .591, opening of a similar business...... within one year shall constitute a violation of the article. Recorded keeping under provision 592 is also in effect. The town clerk has created a going out of business license. It was given to Mr. Valardi. Mr. Prager: Have you spoken to Mr. Valardi? Mr. Ackerman: I'm not a lawyer, I don't know any of these things you are saying. We were contacted by the town about a month ago and I gave it to my attorney. Mr. Prager: One of the things I'm seeing now is this duration of the sale. It looks like the most that it could be done is for sixty days. Mr. Ackerman: Right. Mr. Prager: If I'm reading this correctly, December 31St is out. Is seams Mr. Ackerman needs this license, which we're not sure what the cost of it is. Mr. Horan: It is set forth in here. It is five hundred dollars. Mr. Prager: Where is that? Mr. Horan: Section 590 (b). Mr. Prager: So it is five hundred dollars. Mr. Kuzmicz: A renewal fee of fifty dollars. Mr. Prager: You should get this license first. Mr. Prager: We could vote on the variance contingent of you getting a license. Appeal No. 10-7429- At the request of Nathan's Famous who are seeking area variances of Section 240-29(F)(2)(a) of District Zoning Regulations for HB Zoning. -Where a freestanding sign may not be taller than 10 ft. in height, the applicant is proposing 14 ft. in height for a portion of the freestanding sign, thus requesting a variance of 4 ft. -Where the freestanding sign shall not exceed 25 sf. in area, the applicant is proposing 66.9 sf ,thus requesting a variance of 41.9 sf. The property is located at 1491 Old Route 9 and is identified as Tax Grid No. 6157-02-600971 in the Town of Wappinger. Town of Wappinger Page 5 Zoning Board of Appeals Minutes of October 12, 2010 Mr. DellaCorte: Motion to open the public hearing. Mr. McVeigh: Second the motion. Vote: All present voted aye. Mr. Prager: Are the mailings in order? Mrs. Roberti: Yes they are. Mr. DellaCorte: Present is Mr. Steven LaBarbara speaking on behalf of Nathan's Famous. Mr. LaBarbara: Steven LaBarbara Mr. DellaCorte: Please come forward and raise your right hand. Do you affirm under penalty of perjury, to tell the truth? Mr. LaBarbara: Yes. Mr. DellaCorte: Please tell us one more time what you would like. Mr. LaBarbara: Please we have photographs as well. We are looking to put a road side sign, a pylon sign that looks like the existing sign. (Applicant shows pictures to the ZBA). It is all staying the same. What we are proposing is changing this piece to that one (pointing to pictures). The actual sign is 8 feet by 6 feet; this is 12 feet by 4 feet. It is approximately the same square footage. We are looking for both the visibility as well as trying to get attention of passer by. Mr. DellaCorte: Is there anything else that was attached to this. Mr. LaBarbara: We are going to fill in the letter box and put a solid piece stating Arthur Treachers. It will not say Arby's. It is just a pylon the Arby's hat will be replaced with Nathan's logo. Mr. DellaCorte: Does anyone have any questions on the Board or in the audience? Let the record reflect there are no comments from the audience. I don't have any more questions. Do we have a motion to close the public hearing? Mr. Kuzmicz: Motion to close the public hearing. Mr. McVeigh: Second the motion. Vote: All present voted aye. Mr. DellaCorte: Can I have someone motion to grant or deny the variance? Town of Wappinger Page 6 Zoning Board of Appeals Minutes of October 12, 2010 Mr. Kuzmicz: I make a motion to grant the variance. The variance requested is not an undesirable change to the character of the neighborhood. It's not a substantial detriment to the nearby properties. It's not substantial in that the free standing sign that they are proposing will be only four feet higher than the existing sign. It is not unique to the area of Route 9, that is a commercial area and has many properties with such signs. Therefore. I make a motion to grant the variance. Mr. McVeigh: Second the motion ZBA Roll Call: Mr. McVeigh: Aye. Mr. Kuzmicz: Aye. Mr. De1laCorte Aye. Mr. LaBarbara: Thank you. Mr. Kuzmicz: When are you scheduled to open? Mr. LaBarbara: December 6cn Discussion of types of fast food businesses and history of same. Mr. Kuzmicz: Motion to adjourn. Mr. McVeigh: Second the motion Vote: All present voted aye. Respectfully Submitt d, ,-, ~- Susan Dao, Secretary Zoning Board of Appeals