Robert Eaton Wyman, JR

Rob Wyman – Snappy Hotdogs. Chairman Tomkins asked Code Enforcement Officer Dan

O’Connor to explain to the Board what had transpired to date. Dan stated that he had received

a formal complaint regarding the operation of the hot dog stand at the Thruway Beverage

Center. Dan went to the owner of the property, Michael Nolan. Mr. Nolan referred Dan to Mr.

Wyman who was operating the hot dog stand. Dan stated that Mr. Wyman showed him his

peddlers’ license obtained from the County. Dan stated that he informed Mr. Wyman that he

was not in compliance with the Town’s Zoning Ordinance and asked Mr. Wyman to “cease and

desist” the operation. (He told him he could finish out the day) Mr. Wyman did so. Dan

informed Mr. Wyman that he needed to come to the next Planning Board meeting which is why

he is here.

Chairman Tomkins stated that clearly Mr. Wyman was establishing a new use on the property

and this would require a permit. Chairman Tomkins stated that this is located in the commercial

zone, but the question is which use category this type of operation would be. Mr. Wyman stated

that he could not find anyplace in the Zoning Ordinance that referred to this type of operation so

he filled out a Special Use Permit Application and submitted a $75 application fee. Jeff Duxbury

stated that it could be a “Fast Food Restaurant or Drive Thru”. Mr. Wyman stated that he was

neither. Chairman Tomkins stated that he needed to understand that if he was neither use than

he was prohibited and could not operate. Chairman Tomkins stated that the ordinance is written

so that if it is not listed it is prohibited.

either one, but would fit under fast food restaurant better. Both uses require a Site Plan Review

Application.

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Jeff Duxbury asked if this business was on wheels. Mr. Wyman stated that it was a pullbehind

trailer. Jeff asked if “Mr. Ding-a-ling”, the ice cream truck did business in Town and is

there a difference between the two businesses? Chairman Tomkins stated that the ice cream

truck stops on the road and this would be set up and business would come to it. Carl Thygesen

stated that this was not a permanent building; the ice cream man must have a vendor’s permit.

The Town of Greenwich does not have a vendor’s permit, it has zoning. Dan O’Connor stated

that yes, it is on wheels but it is located in one stationary place and traffic is coming to it. Kyle

Vandewater stated that Mr. Wyman doesn’t own the property; the owner would have to be the

applicant or designate Mr. Wyman as his agent.

Mr. Wyman stated that he was seeking relief and asked the Board if he could continue the

operation while he was in the application process. He stated he removed the signage that was

out of code and brought in his little sign that he will use instead. Chairman Tomkins stated that

there is no provision in the ordinance to allow him to continue. The Planning Board can not do

that, any variance from the rules would have to come through the ZBA, but would probably be

hard to get. Mr. Wyman asked where he was being directed. Chairman Tomkins stated that if

the Board comes to an agreement as to what this use would be classified as then the Board

would give him an application. Mr. Wyman stated that he was considered a mobile operation by

NYS DMV & DOH and he has permits to that affect. According to fairs and festivals he is

considered “fast food”.

Chairman Tomkins stated that during the zoning process, he recalls that the committee had

discussed off-site sales such as the B.J.’s farm stand near the circle (which is grandfathered in)

as not being allowed without a Site Plan Review. The issue that always comes up is where is

the business located and how does the traffic flow? Businesses that are mobile can be set up

quickly but are also the ones that can be set up in a way that is not safe. That is why they were

to be covered under the Zoning Ordinance.

Steve Rascher stated that Chairman Tomkins just said this establishment was not safe.

Chairman Tomkins stated that was not what he said. Chairman Tomkins stated that the

purpose of the Site Plan Review was to make sure that it was safe. Mr. Rascher further stated

that he felt the Planning Board was squelching the income of a Vietnam Veteran. Mr. Rascher

stated that this business would help the beverage center’s business. Chairman Tomkins stated

that may be, but right now the Board needed to determine whether or not this business is

covered under the zoning regulations and how and what the process would be.

Mr. Wyman asked why he was here tonight, he thought this was covered. Chairman

Tomkins stated that he thought it was and that is what the Planning Board was discussing. He

further stated that this business could be:

1. Unregulated activity (like the ding-a-ling ice cream), not a land use, therefore not

regulated by the Zoning Ordinance.

2. Is a land use regulated by the Zoning Ordinance meeting one of the uses and will be

reviewed through Site Plan Review.

3. This is an unlisted use, under the Zoning Ordinance, therefore prohibited and not

allowed to operate at all.

Mr. Wyman asked if it was possible to get an answer this evening as to how he can operate.

Chairman Tomkins stated that is what the Board was going to decide.

Kyle Vandewater stated that he feels that this operation would be a covered activity as a fast

food restaurant but this Board could not grant the relief to continue the business that Mr.

Wyman was asking for.

John Mattison agreed.

Jeff Duxbury agreed.

Carl Thygesen stated that he has a problem with this being covered because it is on wheels

and could be taken out every night. He feels that NYS wants businesses but it seems like they

Page 4 of 6

are driving everyone out. Even on the local level, there are rules, but at a certain point he feels

it is too much.

Jeff Duxbury asked how would the process change if the trailer was taken away every night?

Chairman Tomkins stated that he thought it wouldn’t change at all; this business is still a land

use, operating on the land.

Kyle Vandewater stated that the approval is tied to the land, which would go to Mr. Nolan.

Any vendor that would fit the “fast food” criteria would be handled the same.

Chairman Tomkins stated that the approval could be done for different kinds of vendors or

one particular vendor.

Jeff Duxbury asked; If Mr. Nolan wanted to put in a hotdog stand himself that would be a

covered activity? Chairman Tomkins stated; yes, it would be an expansion to his current use.

Dan Spigner stated that if the Board says it is a mobile unit, it is not covered and it is not

permitted at all. He understands where Carl is coming from, but he thinks it is a covered activity

and the process has to be followed. Mr. Wyman may lose a month of business but there is no

way around that.

Mr. Wyman stated that he is probably doing three times more business than local businesses

and that tax money will go to the town.

Resolution # 22

Snappy Hot Dog Use