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1985-03-12M ZONING BOARD OF APPEALS MARCH 12TH, 1985 - 7:00 P.M. AGENDA TOWN HALL MILL STREET WAPP. FALLS, NY PLEASE REVIEW MINUTES FOR ADDITIONS AND CORRECTIONS AND BE PREPARED TO VOTE ON THEM AT THE MARCH MEETING. PUBLIC HEARINGS: 1. Appeal #794, at the request of Kathleen & Michael Schnorr, seeking a variance of Article IV, Section 416.52 of the Town of Wappinger Zoning Ordinance to allow a 24 square foot sign at a zero (0) setback when a 25 foot setback from the front lot line is required, on property located on 240 Myers Corners Road, being Parcel #6258-02-754506, in the Town of Wappinger. ZONING BOARD OF APPEALS TOWN HALL MARCH 12TH, 1985 - 7:00 P.M. MILL STREET MINUTES WAPP. FALLS, NY The regular meeting of the Zoning Board of Appeals was held on Tuesday, March 12th, 1985, at the Town Hall, Mill Street, Wappinger Falls, New York, beginning at 7:00 P.M.. The meeting was called to order at 7:02 P.M.. Members Present: Mr. Landolfi, Chairman Mrs. Waddle Mr. Hirkala Others Present: Ms. Linda Berberich, Secretary Mr. Landolfi asked if the abutting property owners had been notified. Ms. Berberich replied that they had according to the records available in the Assessor's Office. Mr. Landolfi stated that what we will do this evening will be very informal. We will go through the one appeal that we have, we will give everyone an opportunity to be heard, all that we ask is that you come forward and identify yourself for our records. Mr. Landolfi then read the appeal: Appeal #794, at the request of Kathleen & Michael Schnorr, seeking a variance of Article IV, Section 416.52 of the Town of Wappinger Zoning Ordinance to allow a 24 square foot sign at a zero (0) setback when a 25 foot setback from the front lot line is required, on property located on 240 Myers Corners Road, being Parcel #6258-02- 754506, in the Town of Wappinger. Kathleen Schnorr and George Robinson were present. Mr. Hirkala stated that he has a problem with this. It is an NB Zone. GB Zone allows contractors not NB. Mr. Hirkala asked if this is an operating business and how long has it been operating. Mr. Robinson answered 10 years, but not at this site. Mr. Hirkala asked that at this site, how long has it been operating. Mrs. Schnorr answered probably five years. Mr. Hirkala answered if anyone bothered five years ago to come in a%d get a.request for a permit to operate this business. Page -2- March 12th, 1985 Mrs. Schnorr answered that she really didn't know, it is her husbands business. Mr. Hirkala stated that the reason why hit has a problem with this is because it is in a Neighborhood Business Zone and the Zoning Ordinance specifically states that in a neighborhood business what the uses are, the principal uses. It does not list plumbing contractor. Plumbing contractor is listed under GB, General Business Zone. The concern I have is whether or not a request was made five years ago and the Zoning Ordinance also specifically states that a Special Use Permit is required to operate that kind of business which would mean that the Planning Board would have to move on the site plan. The problem I have with it is that if you request a sign variance from us, we legally, if this is not a legal use right now, we can't act on it legally. Mr. Robinson asked just this pass year they gave all the permits to build a new three bay garage and a office there knowing that it was used....... Mr. Hirkala asked a three bay garage and office where. Mr. Robinson answered on that site, knowing it was for Michael Schnorr, Plumbing and Heating, so if it wasn't legal to have that business there, why didn't they say something at the time. Mrs. Waddle answered that that was a good question. Mr. Hirkala stated that it is a good question, and you are right, but the fact of the matter is that the Zoning Ordinance specifically states by law that even though you have a use, and you are using it, and you are allowed to use it, it is illegal period. There is nothing we can do about it. Mrs. Waddle stated that the Zoning Ordinance was adopted in 1980, what was that zoned 'before if they were here five years. Mr. Hirkala asked what year the business would have started from this address, that is what we have to find out. Mr. Robinson answered that they are not sure. Mr. Hirkala stated that we can go through with the public hearing, but we would not be able to act on this. Ms. Berberich went upstairs to get the site plan folder. Mr. Landolfi read the letter from the County. Mrs. Schnorr stated that the existing variance is 25 feet back from the road, the property boundry. Page -3- March 12th, 1985 Mr. Hirkala stated from the property line. The Board went over the site plan folder. Mr. Robinson stated that he wants it at zero :because already, even at zero from the center line to the zero point from where his property line is would probably already be over the 30 feet or whatever it is, it would already be passed that distance. It is supposed to be setback from his property line, is that correct. Mrs. Waddle answered yes. Mr. Robinson went on to say that so that it would bring it approximately from center line back between 50 or 60 feet from the center of the road which would be halfway up to their front door. Mr. Landolfi asked that perhaps if you moved it and still be visible. Mr. Robinson stated that all across the front is all schrub. On the opposite side of Mr. Schnorr's driveway and along the front of his property also, you have schrubbery and in the summertime when the foilage is out anyone coming up the road from either direction the, you can just look out from the front of his property. you can't see anything coming from the sides. .-_ Mr. Landolfi stated that we have to find out what it was zoned 'before, and maybe we could have the Building Inspector go out and take a look at this, and just show you how you can still be legal if the Board elected to grant it to you. Mr. Hirkala asked if anyone approached the neighbors to see if they would allow you to clear the area back. Mr. Robinson answered no, we were just basically doing what we were told to do. Mr. Hirkala stated that basically, a variance should be your last resort. You should try every possibility. Mrs. Schnorr stated that she didn't think that if they go back any further it wouldn't be visible from the road. Mrs. Schnorr stated that her husbands point was the fact that the property line got moved 'back when they took the curb out of the road. So that brought the property line further back than it originally was. Mrs. Waddle asked if this was a retail 'business. Do you sell plumbing supplies. Mrs. Schnorr answered that no, it is not a retail business. Page -4- March 12th, 1985 Mrs. Waddle asked if it is a service. Mrs. Schnorr stated that it was a service, it serves residential. Mr. Hirkala asked if there was any outdoor storage. Mrs. Schnorr answered just the three bay garage and storage above that. Mrs. Waddle asked if that can be interpreted as a personal service. Mr. Hirkala answered no. A personal service would be a cleaners, hair dresser, that type of business. GB specifically stated plumbing contractor. Irene Malinowski, 5 Brothers Road. The back of my property abuts the side of their property. Their property faces on Myers Corners Road and it is narrow but very long. I came down purposily_tonight because last summer this three bay garage was built. and I never had any notification that there was any zoning change or anything else. I didn't realize that they had switched the building. We were away during the summer, so I was just wondering whether the three bay garage is a conforming use in the first place. Mr. Hirkala stated that that is what we are trying to determine now. Mrs. Malinowski stated that my second point is that they currently have a very attractive sign on their mailbox. I think it is very appropriate and it is very neat and I think anyone driving by could see that it was a plumbing and heating contractor. I don't see the need, when you are talking 24 square feet, you realize that is 4x6. It is completely out of line with the neighborhood. Mrs. Waddle stated that the Zoning Regulations say that they can have a 24 foot sign. Mr. Hirkala stated that as far as your notification of the other thing they took out of the ordinance in 1980 the site plan approval public hearing. So, if that was a legal request for site plan approval in this other action that happened last year, then there is no abutting property owner notice. Mr. Landolfi stated that he would like to get this checked out allittle" more throughly. Mrs. Waddle stated that she makes a motion to table this until we can dig further into the zone that it is in and see where the property line is and 33 feet from the center of the road, so we know what we are talking about. Page -5- March 12th, 1985 Mr. Hirkala stated that another facet is that the new zoning ordinance calls for a Special Use permit. Mr. Hirkala seconded the motion. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Hirkala - aye The Motion was carried. Mr. Landolfi stated to Ms. Berberich that in the absence of a Zoning Administrator, we may have to get Mr. Kessler involved to.... Mrs. Mrs. Waddle asked Ms. Berberich to go through the records upstairs and find the old Town map on what the different zones were so we can relate it to what the new zone is. Mr. Landolfi stated that it is very legal, what they are asking for. The only concern is the setback from the road. Mrs. Malinowski stated that if that were the case, as long as they can put a 24 square foot sign, thats fine. I would really hate to see it right on the road because it would be really detrimental. Mrs. Waddle stated that we have to find out where the County property ends first of all, because it can't go right on the road edge, the County has a right of way there. Mr. Landolfi stated that we will try _to be prepared for our next meeting which will be the second tuesday of'.the month. --c ,_- Mr. Hirkala stated that your motion was to table the meeting, what about the public hearing. Do you want to table the public hearing or adjourn it. Mrs. Waddle stated tnat they might come in with further information, and then we would only have to go through and open it again, so lets just adjourn it. Mr. Landolfi asked if they could pass on the minutes from the previous meeting. Mrs. Waddle made a motion to pass on the February Minutes. The motion was seconded by Mr. Hirkala. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Hirkala - aye The motion was carried. Page -6- March 12th, 1985 Mrs. Waddle made a motion to adjourn the meeting. The motion was seconded by Mr. Hirkala. Vote: Mr. Landolfi - aye Mrs. Waddle - aye Mr. Hirk.ala - aye The motion was carried. The meeting was adjourned at 7:35 P.M.. Respectfully submitted, Linda Berberich, Secretary Town of Wappinger Planning Board lb