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MINUTES OF PLANNING BOARD -2- 4/6/00 <br /> <br />two uses. Mr. Morris asked if applicant wouM be installing a chain link.fence around <br />the display and applicant stated only if they have a problem with vandalism. He went on <br />to state the display would only be temporary (until late fall). <br /> <br />Mr. Morris made a motion to approve the plan as presented contingent upon ZBA <br />approval. Motion seconded by Mr. Alfonso. Unanimously carried <br /> <br />HEART/KIA~ ROUTE 9 <br />Next on the agenda was the proposal by Heart/Kia for a car dealership to be located at <br />the intersection of Route 9 and Liss Road. Mr. Roberts representing applicant submitted <br />a project narrative, signed by Mr. Marsh, for the record. Mr. Roberts went on to state <br />first and faremost this application is only to receive approval for lhe improvements to the <br />site, including improvements to the fencing, landscaping and extension and improvements <br />to the drainage system. In addition, the parking lot will be re-striped and made more <br />orderly. Apparently there is an issue as to whether a new or used car dealership can <br />occupy the portion of the site occupied by Hometown Motors. By separate letter Mr. <br />Roberts has requested Village Attorney Viglotti to address the issue. Back in 1992 the <br />ZBA granted a variance and in reading the record there was no distinction made between <br />new and used car dealership. The application was far automotive sales and service <br />which is the exact term used in the ordinance. Legal notice did suggest that Hometown <br />Motors was. going to operate a used car dealership but the actual use is automotive sales. <br />Mr. Schollmeyer stated the existing drainage system has been cleaned and they have <br />replaced the 12" line with a 15" line and added two additional catch basins. Mr. <br />Visentin stated he has asked the applicant to look at a copy of an oil separator that Mr. <br />Bricklemaier has recommended and applicant stated they would install either that one or <br />one similar to it. Hopefully it will do a better job then the one that was there previously <br />to protect the water in the lake and cove. <br /> <br />Mr. Visentin read a letter from the Dutchess County Dept. of Planning dated April 6, <br />2000 (on file in the Planning/Zoning Offices). They start out the letter stating they <br />recommending that the proposed site plan be denied as the Planning Board can only <br />consider a site plan that meets the requirements of Village law. Mr. Visentin stated he <br />thinks this is a dilemma for the Planning Board Mr. Roberts stated when he first came <br />in that the plan before the Planning Board is simply a site plan for the site to improve the <br />site. It has nothing to do with whether or not there is going to be new or used vehicles on <br />site - it is just site improvements. What Mr. Roberts was trying to say that irregardless <br />of the fact that they plan to sell new vehicles - the site plan that is before the Planning <br />Board is simply improving the site and the uses that have existed are going to continue to <br />remain in the same way as they have when Hometown Motors were there. The mere fact <br />that some of the cars are new or used is irrelevance under the ordinance. If the Planning <br />Board looks at the site plan the way the County responded, they have no alternative but <br />to wait until all variances are granted before any approvals are giver~ Mr. Visentin went <br />on to state when the applicant first appeared before the Planning Board the distinction <br /> <br /> <br />