1980-10-30 PHA Public Hearing was held by the Town Board of the Town of
Wappinger on October 30, 1980, at Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York, on
an Amendment to the Zoning Ordinance of the Town of Wappinger,
Section 461.81 Sign Regulations in Shopping Center Districts.
Supervisor Diehl opened the Hearing at 7:04 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Jon Holden Adams, Attorney
Hans Gunderud, Building Inspector/Zoning Administrator
The Town Clerk offered for the record the Affidavit of Posting
and Publication duly signed and notarized. (These Affidavits
are attached hereto and made part thereof of the minutes of this
hearing).
Comments were received from the Zoning Administrator, recommenda-
tions were received from the Town of Wappinger Planning Board and
the Dutchess County Department of Planning. The Town Planning Board
recommended that the amendment be adopted based upon their review
of the material which was presented. The Dutchess County Planning
Board recommended that the proposed sign amendment be disapproved,
(letter on file in Town Clerk's office).
Mr. Adams suggested, upon the recommendation of the zoning
Administrator that two small additions be made for the purposes
of clarification ---Section 416.8121, add the words "up to" before
20 linear feet, Section 416.82, there should be added at the end
of the paragraph "at a location to be specified by the Planning
Board". Mr. Gunderud added that 416.93 at the end of the paragraph
"place" should be changed to "location", and also clarified the
mixup in numbers, substitute the number "9" for "8" in all instances.
Mr. Albert Roberts, attorney with the firm of Rosen, Crane and
Wolfson, representing Myers Corners Development Corporation.
He referred to Section 416.25 of the Zoning Ordinance --Signs for
non-resident district, which made no provision for a shopping
center. The requirements limited the size of the signs to 2'
in height and 100 square feet total. The firm submitted an
amendment to this section for consideration by the Town Board.
He submitted a map of the proposed shopping center which had been
filed with the Building Inspector and also a proposed directory
sign identifying the center as Wappinger Plaza. He pointed out
the signs to be installed on the two anchor stores, Channel and
Waldbaums. He took exception to some of the facts mentioned in
the Dutchess County Planning letter --they referred to five free-
standing buildings, there would be only three structures, he said.
They were not allowing maximum square feet as spelled out in Sections
416.912 and 416.9126. Waldbaum's should be allowed two signs since
it was on a corner and should be identified on the Route 9 side
and the Myers Corners Road side. In reference to their comment
that the existing regulations of Section 416.513, 514, and 416.7
should be included, he noted that the ordinance did not state
what illumination really is. Waldbaum's sign would be a self -
illuminating, low glow sign, which was, he thought, a better way
to identify the structure, and a request within reason. He then
introduced Bernard Cacchio, representing the developer of the
center.
At Mr. Versace's request, the Board recessed at 7:24 P.M.
The meeting
Mr. Cacchio
the subject
2 or 3 free
identified.
Mrs. Mills referred to Section 416.93, Identification Sign, and
wished to add after "one free standing sign"-- "name of plaza only"
and asked the attorney if this would affect the public hearing.
Mr. Adams recommended that it read ---"one free standing sign.
identifying the name of the shopping,:renter". It now reads --
"one free standing directory sign", and it was agreed by the
members that the word "directory" be deleted, and the word
as recommended by the attorney be written into that section.
resumed at 7:32 P.M. and all Board Members were present.
then spokerand commented that Mr. Roberts had covered
very well and emphasized the fact that when you have
standing buildings in a large area, they had to be
t 78
Mr. Versace had no objection to one free standing sign for the
purpose of identifying the shopping plaza, but would not agree
to any other free standing sign.
Mr. Cacchio said they had in mind that when the chain restaurant
was ready, a menu board for the drive-in window, would that be
considered a free standing sign. As it was now, for a 15 acre
shopping parcel, they were ending up with 3 signs and one free
standing sign. Some of the tenants would not locate there unless
they were permitted a free standing sign, they would go elsewhere.
The restaurant would need more identification since they were
apart from the other buildings. If the sign was on the front,
a person could drive around the other three sides and not
identify the building unless they went to the front. A small 5'x8'
sign as approved by the Planning Board was what they had in mind,
and he did not feel this would be objectionable.
Mr. Versace repeated his objection to allowing any more than one
free standing sign identifying the plaza. It is a neat project as
it is now, he did not want it spoiled with signs, it is not attractive
as you drive along the highway.
Mrs. Mills asked if there were provisions for signs under the
canopies identifying the store when you went in. She was not
objecting to this, rather she was looking for it.
There were no other comments.
Mr. Johnson moved to close the public hearing, seconded by Mr.
Versace and carried.
The Hearing closed at 7:45 P.M.
a4LxgegA_
Elaine H. Snowden
Town Clerk
%.0
TOWN BOARD: TOWN OF WAPPINER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
AN AMENDMENT TO THE ZONING ORDINANCE
OF THE TOWN OF WAPPINGER, SECTION
461.81 SIGN REGULATIONS IN SHOPPING
CENTER DISTRICTS
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes
and says:
That she is the duly elected, qualified and
acting Town Clerk of the Town of Wappinger, County
of Dutchess and State of New York.
That on October 14, 1980, your deponent posted
a copy of the attached notice of Public Hearing on
an Ordinance Amending the Zoning Ordinance of the
Town of Wappinger, Section 46..81 Sign Regulations
in Shopping Center Districts, on the signboard
maintained by your deponent in her office in the
Town Hall of the Town of Wappinger, Mill Street, in
the Village of Wappingers Falls, Dutchess County,
New York.
aso afw-AZA,
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this
day of oL -"O ga 1980.. '
Zf2
Notary Public
DONALD G. RUCK
Notary rub of if my York Stats
Residing Outches&Counts
Commission expires listen 30. 19 J Z
cand 5. D.
NEWS
DISPLAY ADVERTISI G • CLASSIFIED ADVERTISING
914-297-3723
84 EAST MAIN STREET • WAPPINGERS FALLS
PLEASE TAKE NOTICE' that the
Town -Board of the Town of Wappinger
•will conduct a Pubfc.HSarl et the
-Town, Mak;. IMileStrest, . Wappln
„Falls, Noir York; on October -30, 1D6D
at 7AD P.M.; EST to hear -all persons
concsminrqp thr amendment: to -.the
Town of WappInger Zoning Ordinance _
Section 416,81 Sign Regulations In
Shopping Canter districts.
The following Ordinance was In-
troduced by Supe isor;_DNhi, who.
:atovad111
BE R R LVED and.ordained by'
Ms Town Board of th Town of Wap
.Inger, Outcries. County; -New Yore
pursuant to the authority -conferred by
the Laws of the Stats of New York, as.,
follows
SECRON'MhoTown of Wappinge
Zoning. Ordinance- adopted March 10,''
1980,1 and emended from time to
Is further amended as follows:41 to
Section 418.81 Bien Regulations N•
• Slopping Center . Districts, Is. hereby
added as follows:
ORDINANCE -
416.81 Sl:-Repulatlons'In Shopp�%
Irq Gersten,
t 11r1 shopping .center-..dlstrIcts the,
owing signs are hereby authorized:.:.
• Not more than one (1) sign, per
each retell or business outlet, affixed.
and parallel to the outer wall of the,
structure.within-which Abe.. -retell- or.
business outlet. ; s situated, facing
. upon. either the principalstreet giving
access to suc struueettuure a upon the
parking lot pertinent to such structure,:
PgvMed thal;
416.811 te area- of
iri fav such•sion±atfY�Ot-stioiacrthC
following:
4NLB41..FoiN' refats,;oe=
bustness:ou
feet of floor area ca-
foot .tor every e0.cPri P.01.ot:fs
ansa: -. ' re
f1:6T121'"'Fo► ,'Yepall" of ;'
business- outlits:utllzlng'over 5,000;
square feet of floor., arse, one ,(1).,-
square toot for every 100 square fest.;:.
Alf floor area, not ,toexceed 500 square
flet total.- .,;.•+,:,;�
,�;r,,,.
413.8113 : ItAher,; retail f or
business outlet Is contained within a
structure lacing -NW*:fai principal:1
strata giving .ccees.ta,such stn—'
ture (caner store), two (2) signs shall,j
be permitted and the -total area off
signs -shall not exoeed' 150%• of the
allowable sign area -as. set forth in
paragraphs 415.8111 Ind. 416.8112.
however, no sign shall exceed area
permitted in paragraphs 416.8111 and,
416.9112,.._ „_ ,
Ssap''eals"aan ace %NNIM
swam* 'noon. MON! 6.1810 .
velem its .posoldsa.q maws
nom 8dd,Z t:vaunt W10'10 .Lt
Ynue Milt, 1188liaglpuoo
Poo0 '81V140 ROOM 0NIM1 3NO
'9099•te1 'OW
Enlace 'Pie eq snow a 'e6.q 'sssollld .
gi1M I40aca 1111101.1338 303Id t
L /Zi-ccz
'mooTiVf N'llilldf1911
t lr1AN 1131111
1Y1Nly tun roma
S3I1211fd
is : solo, Auoy ;
SNOO11V9 :W
-8, 1r11n4.rw. wawa % .. w..ra :
Nese tt'sedge Pact Maie a I
IWp *del 13311 Ol 13311 014011A!
II
aus-ia agar req res Pine •
owls -0MM aMq. pus 000M-0
AFFIDAVIT OP PUBLICATION
State of New York.
County of Dutchess.
Town of Wappinger.
• Bea -trice Osten
of the
Two of Wappingers Dutchess County. New York.
being duly sworn. says that he 1s. rand !t the several ..
Beres hereinafter was, the Co-3dit9r-PlitbJ,i4,(ler •
W. & S.D. NEWS. a newspaper printed and published .
every Thursday in the year In the Town of Wappinger.
•Dutchcss County. New York. and that the annexed
NOTICE was duly published in the said newspaper for
one week succeulvely.9 i' ...in each week.
commencing on the -1.5 bh.. day of. A ctobtar....
19.8Oand on the following dates thereafter. Gamely on
and ending on the
75th day of oetober
1Q.80both days Inclusive. -�
Subscribed and sworn to before me
this....1-.5 th day of...9g tQbZr 100.
Notary Public
My commission expires
.. .. -..= A, r.F .ISI
NOT?.C; . :'a YORK
414-C24`;,i c"O
rOMMISS+:;h EXPi , T,t;,,;hi 30, 193,