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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD 7/11106 Lloyd Frink, Chairman, Frank Barresi, Vice Clmimmn, Scott Davis, Allen Firstenberg, George Dansereau, Floyd Hood (Alternate) James Horan (Attorney) and Mary Ann Loncto (Secretary) Others Present: Rob Alfonso Kevin Bmtting Lisa Firstenberg Klm Alfonso Ryan K_ting Meeting was called to order at 7:30 p.m. Secretary took mil call - all members present. ADVANCED AUTO PARTS. ROUTE 9 First on the agenda was the public hearing on the request of Site Enhancement Services representing Advanced Auto Parts seeking an area variance from Section 151-12 of the Zoning Ordinance for signage for Advanced Auto Parts which will be located at the intersection of Route 9 and Albany Post Road as follows: Applicant seeking approval for 30 additional square feet of signagn to allow for wall and ground signs. Applicant also seeking relief from the 30' maximum wall sign length requirements. Mr. Frink stated previous to the hearing being open - Mr. Ryan Kring in~rodueed himself to Mr. Frink. Applicant present Board with receipts of mailing and affidavit of publication. Mr. Frink stated that there has been a change at the request of the applicant - it diminishes the amount of relief that the applicant is seeking - Applicant presented Board with a new copy of proposal dated 7/11/06 consisting of 7 pages. Mr. Frink asked Mr. Kring (applicant) - if he was employed and worked for Site Enhancement Services and he answered yes he did and that Site Ephar~cement Services has been retained by Advanced Auto Parts. The applicant was asked to obtain the expiration date of the lease between Wappingnrwood and Advanced Auto Parts. Mr. Frink then asked if applicant was aware of any limitations of signage in the construction provisions of the lease and applicant answered no he was not. Mr. Frink read a letter dated June 15, 2006 (copy on file in the Planning/Zoning offices) on SES letterhead stating Barry Feinman from Wappingerwood was giving Mr. Kring permission to act in their behalf regarding signage - is Mr. Fdnman authorized to give this permi,qsion and Mr. Kring answered yes he was. It was stated that Barry Feinman is a managing member of Wappingexwood, LLC acting on behalf of the company. Mr. Frink stated the current proposal calls for a 71 sq. ft. sign attached to the facade of the building and a 48 sq. ft. monument sign. According to Code applicant is allowed 166 sq. ft. of sign- therefore applicant asking for a 1 sq. ft. variance from code. Mr. Barresi pointed out that Section 151-20 of the Zoning Ordinance points out that applicants will have one year to conform to all new codes. It was stated for the record that the average mean of the roofllne is approximately 25 ft. and the height of the road sign is 12 ft. and it was further stated that the road sign would be located approximately 10 ft. from the roadway. It was also stated that the signs would be lit only during business hours plus 1 hour post business time for employees who are still in the store for safety reasons. Typical business hours are 8:00 a.m. To 9:00 p.m. 7 days a week. The types of lighting and the need of certain lighting was discussed and explained to all Board members as outlined on the drawings which are on file inthe Planning/Zoning offices. Mr. Bruiting asked if there was any noise associated with any of the lighting and applicant answered no there was not. Mr. Frink asked ffhe went to the US Trademark Office and he looked up the trademark for Advanced Auto Parts - what would he find? Applicant answered in NY trademark is pending the colors which have been submitted - in other states such as Florida and Massachusetts it has been