Arcade proposal comes up against outdated code restrictions

The village of Warwick hopes to amend a local law that has hindered amusement facilities from operating in the community. During the December 2 meeting, the board passed a motion granting an annual amusement and exhibition license to Fun N Games Arcade, which is currently seeking approval to open in the Mitchell Corners shopping center. However, the current amusement licensing code is saddled with restrictions, including the inability to operate on Sundays and forbidding people under the age of 18 from operating amusement devices.

Warwick village attorney Stephen Gabba explained that the board could not simply waive the provisions regarding hours of operations and age of patrons and would instead need to create a new local law.

Mayor Michael Newhard explained that sometimes the board finds laws on the books that are archaic, joking that some of the village codes were written in the 1800s. He added that the amusement code was likely written at a time when excessive noise and rowdy behavior from youth hanging around the local jukebox joint was more of an issue.

According to Newhard, village counsel already provided a draft of a new law that may be approved so that the new arcade can operate without the current restrictions.

Property tax exemptions

During the meeting the board passed a new local law amending the village code to comply with New York State Real Property Tax Law regarding exemptions for volunteer fire fighters and ambulance workers. Gabba explained that this allows applicable persons to take a reduction in assessed property value or an income-based tax exemption and noted that both the town and school district have adopted this measure.

Land use change

The board reviewed a zone change petition for properties at 4 Overlook Drive and 1 Galloway Heights Road to general commerce, leading members of the board to question the intentions of the applicant.

Trustee Thomas McKnight claimed the property owner, Brian Singer, bought the structure on Overlook knowing it was in a residential zone and didn’t use it as such. He alleged that the owner was “forcing the board’s hand to consider something else.”

Singer responded that he did not prefer how the property was used and that he would be fine with making it residential, noting that he has invested a lot of money attempting to make the property legally compliant. His issue was with the parking lot, which does not meet the current setback requirements. Newhard noted that the existing parking availability is imperative for the existing businesses that operate on Overlook Drive.

Singer’s representative, attorney Robert Krahulik, shared that the Overlook Drive property has always been commercial, despite the residential zoning designation. This includes being used as a state trooper barracks. Gabba noted that this particular use would have been exempt from zoning, and that anyone who came in after should have complied with local law.

Gabba also explained that changing the zoning code for the properties means the village must consider all potential issues under that designation and how it might impact the comprehensive plan.

Regarding Galloway Heights, Singer said he will work with the planning board and claimed that the general commerce district allows for residential units on the second floor. The board said it would seek clarification on this claim.

Other business

During the meeting the board accepted bids related to the relocation of the Maple Avenue Water Booster Station. This includes a $1.06 million bid from TAM Enterprises for general construction and a $66,000 bid from Fanshawe, Inc., for electrical construction.