Loading...
HomeMy WebLinkAbout1992-05-06 - Board of Trustees Meeting Minutes i AGENDA I VILLAGE OF RYE BROOK BOARD OF TRUSTEES SPECIAL MEETING MAY 6, 1992 8 : 00 P.M. I PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 1. MOBIL OIL, INC. 105 SOUTH RIDGE STREET j SECTION 1, BLOCK 23 , LOT 1A-2B, 3 & 4 APPROVAL OF SITE PLAN EXTENSION OF OPERATING HOURS i *INFORMATION PERTAINING TO MOBIL OIL, INC WAS PREVIOUSLY PROVIDED TO ALL BOARD MEMBERS. I I I. 20 it 0042441 MINUTES OF A SPECIAL MEETING BOARD OF TRUSTEES VILLAGE OF RYE BROOK VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MAY 6, 1992 8 : 00 P.M. CONVENE MEETING The Meeting was called to order by Mayor Cresenzi at 8 : 05 p.m. in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele R. Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: Christopher J. Russo, Village Administrator Rocco V. Circosta, Director of Public Works Sarah Peake, Keane & Beane Thomas Gissen, Frederick P. Clark, Associates Elizabeth Czajkowski, Secretary to Village Board Lori Ann DeMarco, Asst to Village Administrator, was not present at this meeting. I I i i 1 i i it May 6 , 1992 y 246 MOBIL OIL, INC. /105 SOUTH RIDGE STREET SECTION 1, BLOCK 23, LOT 1A-2B, 3 & 4 APPROVAL OF SITE PLAN EXTENSION OF OPERATING HOURS Tony Zanfardino, the applicant, explained that they are seeking to install a pole type ID sign for the product pricing. The drawing which was shown excludes the words "Car Wash" and on the bottom the height is 10" 61 . Landscaping, a fence in the back and an extension of operating hours due to the different buying habits of the people in the community, is also being proposed. Trustee Daly questioned if the request for extension of operating hours was in question at this time, or was it just for the signs. Mayor Cresenzi stated that the hearing was noticed for both items. Mr. Zanfardino stated that he would answer any questions the Board had. Trustee Daly questioned if Mobil is removing the current sign that j is on the brick and if so, Why? Mr. Zanfardino stated that there is no way that they can officially let the residents of the community know what the price of fuel is on a current and daily basis. The current monument sign that is there now is not visible from the Bowman Avenue side of the station. People traveling Bowman Avenue do not even know what kind of station this is. Trustee Daly questioned if Mobil could install one of the free standing, movable signs, like the Exxon Station recently did. Mr. Zanfardino stated that it is not Mobil' s policy as far as signs go to install those type of signs. They are trying to make things look neat and clean, appearance wise. They (Mobil) appeared before the Village Planning Board whom were happy with this type of sign. We also had suggested one Dallas ID sign on the corner of the property and the Planning Board said it was too big and intrusive. They made a recommendation on the smaller sign and approved it and sent this to the Architectural Review Board whom also approved it. They looked at it and made their recommendations on the other two signs that we showed them and they signed off on it. Trustee Daly stated that, if you remove the sign that is currently there, and put this one up in it' s spot, you still will not be able to see it coming down Bowman Avenue. Mr. Zanfardino stated that the application is for two signs, one on Ridge Street and one on Bowman Avenue, at this location. According to Frederick P. Clark Associates, we are allowed, by Village Ordinance, to have signs that do not exceed 50 square feet on both Ridge Street and Bowman Avenue. We basically want some type of sign that looks neat and clean and visible to the northern public. 2 I May 6 , 1992 00424 Trustee Pellino stated that he has a letter dated October 22, 1990, from the Mobil oil Real Estate Merchant. At that time, Mr. Zanfardino and his Real Estate Merchant had approached the Planning Board requesting an enlargement of their current monument sign. After some discussion in September of 1990, Mobil came back to the Village Board with a clearer picture identifying the colors of the logo, how the sign would look and that the total sign area would be 39 . 88 square feet. Mr. Zanfardino stated that it also was around 20 feet high, which posed a problem. Mobil at that time did not have a configuration in their marketing plans for this type of sign. This is a new product that we are looking into now. Trustee Pellino stated that we further discussed, when the pole type dallas sign was not acceptable, increasing the size of the monument sign so that you would get the same sign area, 39 . 88 square feet on a monument type sign. q Yp n.g Mr. Zanfardino stated that they tried that type of sign with the Planning Board and the Architectural Review Board. The problem was that the sign was too massive and was blocking out vision from people coming in and out of the service station because the sign sitting on top of the monument was almost 8 feet wide. Trustee Pellino stated that his recollection was that this proposal was never responded to, after October. Mr. Zanfardino stated that Mr. Sprunger said that because the sign was giant in size, wide, and blocking vision, he felt that it would be turned down and refused the sign and suggested that we come back with a better alternative. We then went back to Mobil for new signs, which is where we are now. Trustee Pellino stated the only signage he objects to is the signage on Bowman Avenue. The reason being, adjacent to that retail district is a residential district along Bowman Avenue and currently the Mobil Station and the Exxon Station have no signs facing the residential district on Bowman Avenue. The intent of our Zoning Law is to protect the well being of all people in all districts. Trustee Pellino quoted a few passages from the current Zoning Code which referenced the purpose of the establishment of the Zoning Code and Special Permits. Trustee Pellino further stated that these establishments are on the border of a residential district and that could effect the resale value of these homes . He stated that he objects to the Bowman Avenue sign, because it is going to be an illuminated sign and when coupled with the extended hours, which he has no objection to, might be detrimental to the residents that neighbor Mobil Oil, Inc. Mobil should consider the well being of their residential neighbors. The station provides a great deal of service for the community. The hours will not be detrimental to the community as there will be no mechanical work being done. 3 i A May 6, 1992 004246 Mr. Zanfardino questioned how he would advertise his product on Bowman Avenue. Trustee Pellino suggested that they could install a monument type sign on Bowman Avenue. When people pull up toward the Bowman Avenue light, the existing sign on Ridge Street is going to be in reasonable view of those people as they are pulling up to that intersection to stop for the light and they will see that there are two gas stations there. Mr. Zanfardino stated that when you come up the hill from the shopping center to the light, you can't identify that it is a Mobil Station unless you are the first car. If you are driving across the intersection, you must physically take your eyes away from the road and look to the right. Trustee Daly questioned if the Planning Board discussed the idea of having a sign at the corner. Mr. Zanfardino stated that this was discussed and they did not want the ID Dallas sign in the middle of the station as it would block their vision and disrupt the view of the skyline. They would prefer a low profile sign. The property has a 30 foot setback variance which would only permit a sign in this one corner. Trustee Zuckerman questioned the size of the monument sign. Mr. Zanfardino stated that it is 2 by 3 feet, and the actual sign is 10 square feet. Trustee Zuckerman stated that in his own opinion, that is one of the most attractive gas station signs that he has seen. He questioned how that sign came about. Mr. Zanfardino explained that the sign was compromised by Mobil and the Village because originally we had Island Message Units that were 2 by 4 feat and sat on the islands. They displayed the price of the gasoline. At one point, when we had a problem with signage in the Village, Rocco Circosta, Director of Public Works stated that we had to remove our signs as they did not comply with the sign ordinance. We had to take our island message units away in order to install the monument sign. Trustee Zuckerman questioned which sign was more important, the Mobil advertisement or the prices. i Mr. Zanfardino stated that both were important. People need to know what they are paying and what type of product they are paying for. Trustee Zuckerman stated that he understands about advertising the price, however, the Red Mobil Horse is on top of the islands and everyone knows what that means. 4 i May 6, 1992 002 .j Mr. Zanfardino stated that you can't see the sign from Ridge Street as the islands are set back thirty five feet from Mobil's property line. Trustee Zuckerman questioned if there was a possibility that they use the current monument sign with a slightly larger design and moving it closer to the corner. Mr. Zanfardino stated that the problem is the people driving out of the service station will have their vision blocked. This is why we appeared before the Planning Board and the Architectural Review Board. Some of the Planning Board members suggested a 10 foot sign and the Architectural Review Board suggested 10. 6 because they wanted to see the oncoming traffic under the sign. The monument blocked out an area that was 8 foot wide all the way down. I� Trustee Zuckerman stated that he was not speaking of a Dallas ID Sign, but a monument sign where the prices could be listed. Mr. Zanfardino stated that you would not be able to see them. The other two Boards gave approval . Trustee Daly stated that the easiest way would be to put one sign on the corner so that all sides could see it and then have a free j standing sign with prices on it that is movable. Mr. Zanfardino stated that by doing that, the Trustees would be overruling their other Boards. Trustee Daly stated that if the Village Board of Trustees chose to do so, it could be done. Mr. Zanfardino stated that one of the monument design signs would block out 11 feet wide by 7 1\2 feet high. Trustee Pellino stated that South Ridge Street is the area which is most considered to be the "Commercial District" of the Village of Rye Brook and he has no objection to the South Ridge Street sign but we must give some consideration to our residents on Bowman Avenue. Mobil will be getting the same available advertising space on South Ridge Street as their commercial neighbor, whether it be the Bank, Rye Ridge Shopping Center or the Exxon Station. With regard to Bowman Avenue, no signs currently exist of that type, size, or nature that have any impact at all on the residential character of the Bowman Avenue Community which also includes the first few houses on Division Street. It has a detrimental effect on the potential resale prices of their homes and they must be protected. Mayor Cresenzi stated that the fact that there are gas stations in the area have more of an impact on the resale values than if there is a sign there. He is more concerned about the extension of the operating hours having a significant impact on the neighbors rather than the addition of a sign. 5 II May 6, 1992 0042ae;� Trustee Zuckerman stated that he agreed with Trustee Pellino regarding the Bowman Avenue signage. Mr. Zanfardino questioned if having the sign illuminated was the problem. Trustee Pellino stated that the problem was any sign at all on Bowman Avenue. Mr. Zanfardino questioned if a portable sign could be considered. Trustee Zuckerman stated that he did not have a problem with a small free standing sign at the entrance parallel to Bowman Avenue. He is troubled by the size of the sign because going down Ridge Street, it looks like Billboard City. He feels that the size of ! the sign proposed on Ridge Street is too large, although the current sign there may be too small for their purposes, it seems i that some kind of compromise can be reached. Mr. Zanfardino questioned why the Village has the Planning Board and Architectural Review Board to take the time to review plans and make an intelligent decision and then disagree with what they recommend. Trustee Zuckerman stated that they covered other items besides the sign, and he understands that this plan that is here tonight postdates the Planning Boards Approval . Mr. Ian Williams, a representative from Mobil stated that the Planning Board saw this plan and requested that the drawing on the Bowman Avenue side be placed on the plans. i Trustee Zuckerman stated that it was revised on 2/19/92 and the Planning Board was on 2/13/92 . Frederick P. Clark submitted a memorandum dated 3/10/92 which Trustee Zuckerman questioned if all of the objections of the Planning Board were addressed on this plan. Mr. Gissen stated that the few items that are not are actually technical items. A note was to be added to the plan indicating that the finished side of the stockade fence was to face outward. A lighting plan was done when they had a canopy and we asked that it be amended to reflect the fact that there wasn't a canopy and there were different signs and lighting. Trustee Zuckerman stated that basically this is submitted to comply with the request of the Planning Board although some minor items are still missing. Mr. Gissen stated that the only thing that is missing is which side the fence is going to face and which way the dumpster is going to go. 6 i May G, 1992 Trustee Zuckerman stated that those items are probably of a more minor nature and we feel that the signage is a major controversy which needs major attention. Trustee Daly stated that the Planning Board probably wanted the sign at this height so that cars coming out can see under it. Trustee Daly added that she would agree with having the sign on Ridge Street and a movable sandwich type sign with the prices on it on the other side. Trustee Pellino stated that he had no problem with the Ridge Street sign, and a sandwich sign facing the Bowman Avenue side is a lot less objectionable as long as it is portable and removed when the business closes down for the day. Trustee Zuckerman stated that he is not happy with the size of the sign on Ridge Street although some compromise could be made regarding the Mobil part of it. It could possibly be reduced to the width of the steel columns which are about five feet wide. I Mr. Zanfardino stated that Mobil does not make that type of sign. Mr. Williams stated that they have 8 and 9 foot signs. The next smallest sign is the one they currently have. j Mayor Cresenzi stated that he did not have a problem with the signs, however the placement of the signs in both locations would allow for vehicular movement in and out of the site. The open space at the bottom of the sign would guarantee that. He would request that the Board consider not lighting the sign on Bowman Avenue during the evening hours. Trustee Solomon stated that it would defeat the purpose of having that type of sign if it will not be allowed to be lit at night. He added that he has no problem with the Ridge street sign, as it looks very nice. He does not know of a gas station that doesn't have a sign similar to this stating the price of gasoline. It is a service to the community being able to see the prices of gasoline. He also would rather see a sandwich sign on Bowman Avenue, rather than a fully lighted sign. We need to consider the residents in that area. The sandwich sign would improve their quality of life in the evenings. The Ridge Street sign is very neat looking, however, on Bowman Avenue, a sandwich sign would be much better. Mr. Zanfardino stated that the use of a sandwich sign says that we are just sticking something out there so people could see something. 7 004252 May 6, 1992 Trustee Pellino stated that he is trying to strike a fair balance between Mobil and the residents. It has to do with being a good neighbor to one another. The sign may be offensive to the residential character of the Community. He does not feel that the sandwich sign is the best sign, however it would be better than the larger sign. i Mr. Williams stated that Mobil thought about a sign that would be fixed on a pole with two lights running parallel with Bowman Avenue. The neighbors would benefit by having a streetlamp right between the two curb cuts. It would not be internally luminated when they see it from a distance as it illuminates the grass, shining downward. It is the same type as a snaplock sign, which is fixed on the pole. Mobil does not accept this type of sign as primary advertising, but it is acceptable for secondary advertising, and it would fit very well on Bowman Avenue. Trustee Pellino questioned if he has any illustrations of this type of sign here this evening. Mr. Williams stated that he did not have anything here tonight, but would try to help the Board to visualize this by drawing something on paper. Here we could have a single pole sign that comes up with two lamps on either side. He stated that he would get a picture of this so that the Board can see exactly what it looks like. It would basically light up the area between the two curb cuts. What would be fixed to the pole is a snaplock sign. In that snaplock would be another three product price sign. It is not entirely luminated and is not very wide. It is a blue price sign and is excellent as a secondary sign. It is perpendicular to Bowman Avenue. The lights would only luminate the area just below it, so the residents are not really going to see the light except for whatever light reflects off of the grass. Monroe Mann, the Attorney who represents the Exxon Station across from the Mobil Station, stated that this situation is similar to an old Charlie Chaplin film call the Great Dictator, where Hitler and Mussolini are both sitting in barber chairs. The two men keep moving their chairs higher than the other until one of them hits the ceiling and comes crashing down. We do not want this to happen with these two gas stations. Exxon has a sign that was approved by the Board, which advertises the price of gasoline. It is free standing, 4 1\2 feet high and wide. It is not illuminated because it doesn't need it. This sign comes in at night, so as not to offend anyone. It is only 18 square feet. Exxon has no objection to Mobil putting up a similar sign, however, illumination is not necessary. If the Board approves this large sign tonight, the Exxon Station will also apply for a larger sign. Eventually this will turn out to be Billboard City. In speaking of the hours, the extension will not improve the neighborhood or make the residents happy. 8 May 6, 1992 00425.3 Just for a point of information, Mr. Mann added that the Mobil Station has 24 hour AAA towing. The AAA approached the Exxon Station with the same offer, however, the Exxon Station turned this down because of limited hours . This would involve towing at all hours of the night. This is a violation of the ordinance and the Village should look into this. Back in 1986 Mr. Ceraso applied to extend his hours to 9 : 00 p.m. The public notice was put in the Daily Item advertising the hearing on February 25 , 1986 . At that hearing, the Board not only granted the application for the applicant, but also gave this privilege to the gas station across the street. If the Village Board does so this evening, I hope the same privilege will be given to the Exxon Station. Frank Grippo, of 10 Division Street, stated that he objects to any signs on Bowman Avenue and also to the extension of operating hours. Not very far, is the Boston Post Road, where there are gas stations open all night. We already have to put up with the gas station being open until 9 : 00 p.m. and open 7 days a week, which is more than enough time. This is not a necessity. Frances Forti, of 17 Division Street, thanked Trustees Pellino and Solomon for worrying about the neighbors on Division Street in regard to the illuminated signs. She is against an illuminated sign and against the extended hours. The Mobil station claims that there are shoppers at night who need to buy fuel later than 9 : 00 p.m. Are these shoppers from Rye Brook? Rob Langworth, of 11 Division Street, stated that a sign perpendicular should be looked into because cars who are exiting that station will not be able to look down Bowman Avenue. Eugene Wells, of 15 Division Street, stated that in regard to the extension of hours, they cannot even relax in their backyards as it is. In the early evenings, they hear screeching tires and early in the morning, the noise of the garbage men picking up the dumpsters. In the Summer, this is very loud. The owner should lower their gasoline price- if they want to make more money. Mr. Zanfardino stated that Finast and Food Emporium are both open later to the community. He is only asking for a two hour extension from 9 : 00 p.m. to 11: 00 p.m. Monday through Saturday and 7 : 00 p.m. to 9: 00 p.m. on Sunday night. People in the community have asked that the hours be extended to meet the needs of their shopping and driving patterns. He further stated, in reference to comments made by Mr. Mann, that as for the signage at Exxon, their was an accident where someone tripped over the sign. That sign is on pp g g County property and is illegal . Mr. Ceraso, the proprietor of the Exxon Station stated that Mr. Zanfardino ought to get his facts straight. Monroe Mann, attorney to Mr. Ceraso, stated that the sign at Exxon is on their property, not on County property. I 9 00425q: May 6 , 1992 Mr. Wells stated that if the two owners have animosity against eachother doing their business, the residents should not have to deal with this. We are getting tired of coming here every year for one of them making a request for something. Mr. Williams showed the Board a picture of a three product price j sign. It is the same sign as the snaplock sign. Mobil makes three of those snaplocks, one for cigarettes, price and advertising. The sign that he is referring to is for pricing. Trustee Zuckerman stated that he is not comfortable with putting that particular sign perpendicular to Bowman Avenue. There may be a problem coming out of the driveway looking up Bowman Avenue. The sign will be in the way. Mr. Williams stated that the bottom of the sign is adjustable on the height. He will be happy to get the measurement so that the Board can make an educated decision. Mr. Grippo stated that the stations customers, know the price of gas if they go there regularly. He also stated that he is not in favor of the extended hours . Mr. Zanfardino stated that a few years back, the hours were changed to open earlier because customers said that they were going to work earlier on the train. Trustee Solomon questioned if Mobil will be installing a new fence around the back of the station and if they will be cleaning up and finding a new and more efficient way to handle the trash in the back of the station. Mr. Zanfardino stated that the fence is going to be installed so that the finished side will face the residents . They will be building a container for the trash. Trustee Solomon stated that he is not very happy with a sandwich sign but depending upon how the other sign looks we may have to have another hearing based on just that sign. Mayor Cresenzi stated that he, Trustee Solomon, Trustee Pellino and Trustee Daly did not have a problem with the sign on Ridge Street. Trustee Zuckerman was not in favor of the Ridge Street sign. Trustee Zuckerman stated that if the sign on Ridge Street is going to be the large one, then he would only approve a small price sign on Bowman Avenue. Trustee Solomon questioned if the Junipers and Hemlocks that are on this plan will all be put in across the entire back of the gas station. I Mr. Zanfardino stated that they will not be installed across the whole entire back of the station, just part of the way. 10 I 004256 May 6, 1992 Trustee Zuckerman asked if there is anything that is not on the plan. Mr. Gissen stated that the lighting is not on the plan. Mayor Cresenzi stated that the Planning Board created a punch list regarding which way the fence faces, the plantings, and the container. He wants to make sure that it will appear not only on the drawing, but in any resolution that we might approve and that the plan refers specifically to that approval resolution so that one document trails the other. He directed Mr. Gissen, Mr. Circosta and Ms. Peake to see to this. Trustee Solomon questioned if a six foot high fence is really high enough. Mr. Gissen stated that six feet is high enough. Mayor Cresenzi stated that we need to address the signs on Bowman Avenue. i Trustee Pellino commented that his preference would be that Mobil withdraw the Bowman Avenue sign altogether, however, in the interest of fairness, he would be agreeable to the smaller sandwich sign for pricing purposes. Mobil could go a long way in their public relations with the residents that they border by j voluntarily, withdrawing the Bowman Avenue sign. Trustee Daly stated that she agrees with Trustee Pellino and would not wish to see another pole type sign or illuminated sign in that area. Trustee Solomon stated that he is not happy with any sign there at all. Mr. Williams stated that Mr. Zanfardino or whoever is at the station every `day should ask other people in the community what they prefer. Mobil Oil and Mr. Zanfardino both want the community to be happy. We need to be customer oriented. If the consensus is that the Bowman Avenue sign is not wanted, then we will do what the customers want. Mayor Cresenzi stated that the role of the Village Board, is that anything that we approve must have the minimal impact on a surrounding area as possible. The concern here is the sign on Bowman Avenue, as the neighbors have already voiced their opinions against it. Trustee Pellino had questioned if Mobil could live with just the Ridge Street sign. I Mr. Williams stated that Mobil wants a sign on Bowman Avenue. II 11 May 6 , 1992 JO425ib Trustee Solomon stated that with the assumption that whatever Mobil gets, Exxon is entitled to the same thing, there will be two large price signs on Bowman Avenue. New business that is going to identify Mobil and Exxon is most likely going to come down Ridge Street, up Bowman Avenue from the shopping Center and from the Westchester area. Mayor Cresenzi questioned if there would be sufficient site line if the sign were to be placed at the corner to be viewed from both Ridge and Bowman. Mr. Gissen stated that there would not be enough room. Mr. Zanfardino questioned if the Village would be willing to compromise the landscaping in the front by leaving the grassy area and forgetting the junipers on all three sides. Mayor Cresenzi stated that the Board agreed to leave the area all lawn as it currently exists without plantings. However, Mobil must eliminate a sign and there will be no price idea sign or sandwich sign on Bowman Avenue. All the other restrictions will still apply, such as the trash bin and the fence. Mr. Zanfardino questioned if the Board would have a problem with putting a snaplock sign back on the building. It would go on the face of the building and only faces out towards the street. Mayor Cresenzi verified, for the public that there were to be plantings of junipers (small bushes) where the lawn area is now. Mr. Zanfardino suggested that the junipers be removed from the requirements, that the lawn be maintained and there would only be one sign to be placed on Ridge Street in the location of the existing monument sign, which would come down and there would be nothing on Bowman Avenue. i Mr. Mann questioned how big the new proposed sign is going to be, and where it is going to be located. Trustee Daly stated that the sign is 10 feet 6 inches high and 7 feet and 6 inches wide and is to be placed on South Ridge Street. Mr. Zanfardino stated that they had a wall sign which was 4 feet by 3 feet. Trustee Zuckerman questioned why the previous wall sign was taken down. Mr. Pinto, of Mobil stated that Mr. Circosta told them to take the j sign down because there was a issue that the sign was not on the original site plan. They were then told to appear before the Board to propose the sign. 12 3 u�ti--„ May 6 , 1992 004251 Trustee Zuckerman stated that it if Mobil would like to install the signs that Mr. Circosta had them take down, we should be left with the sign as it exists today on the monument. Mr. Circosta explained that the signs that were taken down where the island message units as well as the ones on the building and wall. Mr. Mann stated that the proposed sign would block vision and only has 3 1\2 feet clearance. Mr. Gissen stated that the site line consideration is a general rule that when there is an intersection like this one is going 6 feet back from the stop line 3 1\2 feet up and looking out. It is not 3 1\2 feet in clearance but the sign is set back from the curbline about 17 feet so that anyone who is stopped waiting to go out is well in front of the sign, permitting vision. i Mayor Cresenzi stated that the Board needed to address this proposal. Trustee Daly stated that she would favor them putting a new sign where the old sign is, leaving the grass area the way it is and excluding the junipers, make sure the fence goes up, finished side to the residents, install a trash compactor, hemlocks in the back and no sign on Bowman Avenue. Trustee Solomon stated that he agreed with Trustee Daly. Mr. Mann stated that the plan does not show the width of the sign. i Trustee Daly stated that it is 4 feet wide. Mr. Circosta stated that it is 4 foot 8 inches by 4 foot three inches, to be exact. Trustee Pellinb stated that he has no objection to the elimination of the Bowman Avenue sign and in conceding the two corner plantings and the planting of junipers where the sign that we are in favor of was. As long as it is kept grassy and neat, then he would agree with this. As for the sign on the building, putting the sign back up is another matter and should be handled as a separate issue. Trustee Zuckerman stated that eliminating the sign on Bowman Avenue is a positive influence. He is still not happy with the Mobil part of the sign. Trustee Solomon stated that he has no problem with the Ridge Street sign or with Mobil not planting Junipers. He is pleased that there is no sign on Bowman Avenue. He also stated that he would prefer to wait and discuss the signs on the building at a later date. 13 0042 6 May 6 , 1992 Mayor Cresenzi stated that the signs on the building pertain to Special Use Modification and that Mobil can come to the Board with a Special Use Permit application at any time. Ms. Peake stated that it will mean a change in the site plan and they would have to go the Planning Board first. Trustee Zuckerman questioned if the present site plan shows the signs as they are on the building. Mayor Cresenzi stated that he did not have an answer to this question and would need to look into it. Trustee Zuckerman stated that this should be determined before anything is approved or disapproved. Mr. Zanfardino stated that there is no outline of the building with the glass doors or anything, because we traded plans back so many times to get this approved, that it is not on this one. It is on the original one. Trustee Solomon stated that this issue is not part of this public hearing. He suggested that we table it and continue. Mr. Mann stated that the Exxon station had signs on their building and were told to take them down also. Now they are going to be making a similar application to the Board. It would save the Board time if they grant the same approval to Exxon. Trustee Daly stated that she does not feel that the hours of operation need to be extended. The station is open early enough for people to get gas in the morning. Trustee Solomon stated that he is not in favor of extending the hours of operation either. Residents have a right to their quiet. Trustee Pellino questioned how many employees would be in the station after 9 : 00 p.m. Mr. Zanfardino stated that two employees would be in the station, a cashier and a full serve person. Trustee Pellino questioned if he would be amenable to having the self serve pumps on Ridge Street being in operation during those hours and closing down the full serve. He also questioned if they were asking for garage hours in their request . Mr. Zanfardino stated that he would have no problem with that as it would save time and dollars for him. They have a passenger drawer through which customer will pay for their gas. Mr. Zanfardino stated that they are not requesting garage hours. Trustee Pellino questioned if there was going to be any towing itaking place. 14 OU4 5ii May 6, 1992 Mr. Zanfardino stated that they tow 24 hours a day. The Police telephone them and if a car needs to be towed, they pick the car up and leave it at their station. This towing serves Rye Brook, Rye, Harrison and Port Chester. Trustee Pellino questioned how many cars on an average, per night are towed in and out of the Garage. Mr. Zanfardino stated that it averages 10 cars a week. Trustee Pellino stated that the additional noise that would be generated by this is if the self service pumps were the only pumps in operation between 9 : 00 p.m and 11 : 00 p.m. would be confined to people pulling in, turning off their motors, starting the car up and leaving. Trustee Daly questioned if the concession area would be open. Mr. Zanfardino stated that the door would be locked and all business would be done through the pass drawer. Only one person would be there working. Trustee Pellino questioned if they would be closing the entire operation down at 11 : 00 p.m. Mr. Zanfardino stated that they really have the capability of going on 24 hours without anyone being there. The way the industry is going, the machines do everything, however, they would turn the pumps off at 11: 00 p.m. Trustee Pellino stated with limited use and perhaps, on a trial basis to see how it works out, he might be willing to accept the extended hours provided that they be limited to the front self serve pumps only between the hours of 9 : 00 p.m, and 11 : 00 p.m. and on a 6 month trial basis. Mr. Williams questioned if the Board would be agreeable to putting up cones on the full serve or a sign that says no full service. Mr. Zanfardino stated that you cannot just turn one island on. A sign or cones are really necessary as the pumps are on the same electric circuit. Mr. Williams stated that you would want to have cones up on the full serve so that the customers are not confused. Trustee Pellino stated that if we go on a permanent basis, he would be agreeable to that, but for now he wants to limit this to the outer Ridge Street pumps and see how it goes. He is trying to be fair to both Mobil and the residents in the area. Mr. Grippo stated that he objects to this idea as it would directly effect his quality of life in the neighborhood and Exxon will do the same thing also. 15 May 6, 1992 00423, J Trustee Pellino stated that for self serve, there would not be any additional employees required. Currently, the other station does not have a self service area. Trustee Zuckerman questioned if the convenient items that are sold at the station are included in the special use permit. Mr. Circosta stated that they are. Trustee Zuckerman stated that the community is not served by the extended hours and he is not in favor of the extended hours. Even if it is a self service station, the fact that those cars will be going in and out and shining their lights, will pose a problem. i Mr. Mann stated that the 24 hour towing service never came before the Board and is a direct violation of the Village of Rye Brook Ordinance and of the special use permit. The Mobil station is not acting as a good neighbor. By allowing the extended hours, the Exxon Station can also go into 24 hour towing service and also self service operation, then there goes the neighborhood. If you can't make a living from 6 : 00 a.m. to 9 : 00 p.m. , the extra two hours will not help them, but it will hurt the neighborhood. Mr. Zanfardino stated that there are a few people here speaking for the whole community. He stated that we should put a statement in the paper and have residents vote for the extended hours. People drive in and out of the Food Emporium all hours of the night and their are neighbors right across the street . Mr. Grippo stated that he and his neighbors received letters in the mail, not the whole community because it does not concern them or effect them. The whole community would be here if it were going to effect them. Mayor Cresenzi stated that the community is invited as it is also noticed in the newspaper. Mr. Grippo stated that residents living in the Rye Hills area would not be worried about noise near his home. Mayor Cresenzi pointed out that the Public Hearings are opened to anyone and they may speak regarding matters that are before the Board. Mayor Cresenzi stated that in getting back to the issue of extended hours of operation, himself, Trustee Solomon, Trustee Daly and Trustee Zuckerman are not in favor and Trustee Pellino is in favor which is four to one. He stated that the resolution will be read for the May 26 1992 Board meeting. Mr. Gissen Mr. Circosta Y Y g and Ms. Peake will all work together in ironing out the details that were discussed this evening so that they will appear in the resolution. It must show that the Junipers were deleted even though they are shown on the plans and that the two new planting areas at the corners would be deleted also. 16 i 00426-L May 6, 1992 Ms. Peake stated that a note to that effect should be made on the plans so that there is no confusion at a future date. Mr. Gissen stated that the resolution will reference all the changes and the punchlist and a plan that will conform to the changes submitted and shall be to the satisfaction of the Building Inspector, Planning Consultant and Village Attorney so that will be the actual plan to be signed. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the Public Hearing was adjourned at 10 : 00 pending an approval resolution on May 26, 1992 . j TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE I Trustee Daly stated that it does not seem fair that Mr. Zanfardino will have to pay for another set of plans. i Trustee Zuckerman stated that at some point, the Board will need an approved plan filed in the Village Office with the specifics . Mr. Zanfardino stated that between all the Boards, he already got a bill for changing the plans and xeroxing them for $1, 600. He should not have to pay anything when he is not the one making the changes. He questioned if they could just cross them off the ones we have. Trustee Zuckerman stated that he is not an architect and does not have the ability to X out anything. Mayor Cresenzi` stated that we need sharper plans on file with the details so that there is no confusion in the future. Mr. Gissen stated that you need plans showing what is approved, as the entire Board could change in five years. Mayor Cresenzi directed Mr. Gissen to prepare the new memo with the up to date punchlist for Mr. Zanfardino within a reasonable time so that he can make the changes in the plans. Mr. Zanfardino questioned what items were on the punchlist. Mr. Gissen stated that the sign on Bowman Avenue and the Junipers are removed. Most of the area will be shown as grass and the finished side of the fence will face the residents. A lighting plan will also be provided. There will be shrubbery and a trash bin in the rear of the building. The two areas in the corner of the property will not have any plantings and shall remain the same. Ii 17 004262 May 6 , 1992 Mayor Cresenzi stated that a lighting plan is not necessary for one sign. Trustee Zuckerman stated that the plan shows that the monument is the new sign and is slightly shifted Southward. Mr. Zanfardino stated that it will be within three feet of the same general area. Mayor Cresenzi stated that the Board will pass the resolution on May 26, 1992 . The reason being is that the resolution, with the punchlist incorporated, is not prepared yet. Mr. Zanfardino questioned if on the 27th, he could pick up a building permit? Mayor Cresenzi replied "Yes. " Mr. Gissen stated that he would send him the memorandum. Mr. Zanfardino questioned if he would be penalized if his architect could not get the plans revised by the next meeting. Mr. Circosta stated that he must first approve the drawings. Trustee Solomon stated that the resolution can be submitted any time after the resolution is passed on May 26 , 1992 . Mayor Cresenzi stated that the Building Department cannot issue a Building permit without plans. Mr. Zanfardino stated that if he doesn't do what was originally said in the plans, he will not get a certificate of occupancy and therefore, he would not be able to put up anything. Mayor Cresenzi stated that the Building Department can't really give a permit without plans first being reviewed. Mr. Zanfardino stated that it takes a month to order the sign. Mayor Cresenzi stated that Mr. Zanfardino can order the sign now, if he wishes to do so. We have certain guidelines to follow. We have discussed the sign tonight and it has been approved. Mayor Cresenzi added that a drawing with the changes on it is needed. This will be part of the resolution on the 26th and on the 27th, you can start work. The resolution authorizes Mr. Circosta to review the plan based on what we have said, however, a permit may not be issued to put up the sign, until Mr. Circosta approves the plans. I 18 004260 May 6 , 1992 Mr. Zanfardino questioned if Mr. Circosta finds the right site plan, and it has the building sign on it where it originally was, would he have to go back to these building plans and get that sign put on those plans. Ms. Peake, of Keane & Beane, stated that he probably should. Trustee Solomon stated that if you have a site plan that shows those signs it should be sufficient. Trustee Zuckerman stated that you have to look at the resolution as opposed to the plans and then the resolution has the sign on rule, as approved and you can add to his plans. Ms. Peake stated that he does not need to add it to his plans. The plans are submitted for the purpose of this sign and the second sign. Trustee Zuckerman stated that the key would be the resolution passed that allowed him the sign and the prior site plan approval. Mayor Cresenzi stated that we need to see what Mr. Circosta has on file. Mr. Mann showed the Board an original picture of the Exxon Station when it was a Texaco station with all the original signs . They are all site plan approved back in 1959-60 and it did not look too bad, but they were forced to take them down, because now they are non- conforming. If they are non-conforming for Exxon, then they are non-conforming for everyone else. The idea is to keep these signs down to a minimum. Trustee Pellino stated that a question came up as to what is the current site plan approval that the other building has, regarding the sign on his building. We are still awaiting an answer. ADJOURNMENT Mayor Cresenzi adjourned the special meeting at 10 : 10 P.M. I Respectfully submitted, f E Li Elizabeth Czajkowski Secretary to the Village Board 19