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MINUTES OF THE ZONING BOARD OF APPEALS MEETING HELD 1/13/15 Present: Allen Firstenberg, Chairman, Heidi Murphy, Rachel DiGrazia, Bridget Gannon, Hilda Duque and Lisa Cobb, ZBA Attorney Absent: Frank Barresi Others Present: Trustee Komornik Jim Komornik Charlie McCluskey Jon Adams Troy Wojciekofsky Steve Griggs Ross Doud Meeting was called to order at 7:30 p.m. DUTCHESS SHOPPING PLAZA, 1582 ROUTE 9 Continuation of a public hearing on the request of Davis Fowler Group, LLC, 25 Corporate Park Drive, Hopewell Junction, NY 12533 seeking an area variance from Section VII(K)(2)(c)(3) of the Zoning Ordinance to be able to have a sign that is 24 ft. in height to the highest peak of the sign (allowed is 10 feet) and Section VII(J) of the Zoning Ordinance to be able to have a sign that is larger than the 36 sq. ft. allowed by code. They are also seeking a use variance from Section VII(C)(5) of the Zoning Ordinance to be able to have the sign be internally illuminated which is prohibited by the Code at Dutchess Shopping Plaza, 1582 Route 9 identified on the tax map as: 6158-19-559223. Mr. Firstenberg read a letter from Mr. Robert J. Lackaye, Attorney for Mr. Frank Buyakowski, owner of the property asking for an adjournment until the February 10, 2015 meeting. The letter is dated January 5, 2015. (copy of letter is on file in the Planning/Zoning offices). Mr. Firstenberg made a motion to grant the adjournment for a continued public hearing until the February 10, 2015 meeting, motion was seconded by Ms. Gannon. On roll call vote – Mrs. Murphy – Aye, Ms. Duque – Aye, Ms. Gannon – Aye, Mrs. DiGrazia – Aye and Mr. Firstenberg – Aye. IMPERIAL PLAZA, 1574 AND 1576 ROUTE 9 Public hearing on the request of Imperial Improvements, LLC, c/o Corbally, Gartland and Rappleyea, LLC, 35 Market Street, Poughkeepsie, NY seeking the following variances for the proposed AT&T sign Use Variances to be located in the Imperial Plaza at 1572 Route 9: (1) Article VII(C)(1) of the Zoning Code states, “Off-premises signs are prohibited” – the proposed sign will be located on a separate lot at 1574/1576 Route 9 and New Hackensack Road and (2) Article VII(C)(5) of the Zoning Code states, Area “Internally illuminated signs are prohibited” – the proposed sign is internally illuminated. Variances : (1) Article VII(K)(2)(c)(3) states, “Maximum height of the sign can only be 10 ft. and existing sign is 28 +/- ft. and (2) Article VII(J) states, multi-tenant signs can only be 36 sq. ft. and the existing sign is 36.1 sq. ft. And public hearing on the request of Imperial Improvements, LLC, c/o Corbally, Gartland and Rappleyea, LLC, 35 Market Street, Poughkeepsie, NY seeking the following variances for the proposed Area Variances Golden Mango sign at the Imperial Plaza, 1572 Route 9: : Article VII(K)(2)(c)(3) states, “Maximum height of the sign can only be 10 ft. and existing sign is 25 +/- ft. and (2) Article VII(J) states, Use Variances multi-tenant signs can only be 36 sq. ft. and the existing sign is 228 sq. ft. : (1) Article VII(C)(1) of the Zoning Code states, “Off-premises signs are prohibited” – the proposed sign will be located on a separate lot at 1572 Route 9 (Golden Mango is located at 1574/1576 Route 9 and (2) Article