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2000-05-09 ... '-" Zoning Board of Appeals Summarized Minutes May 9,2000 page 1 '-- MINUTES Town of Wappinger Zoning Board of Appeals MEETING DATE: May 9,2000 TIME: 7:30 p.m. Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Lehigh, Mr. Warren, Chairman Member Mr. Prager, Member Mr. diPierno, Member Members Absent: Mr. Fanuele, Vice Chairman Others Present: Mr. Roberts, Attorney to Town Mr. Kvinge, Planner to Town Ms. DiPaola Secretary to Zoning SUMMARIZED Adiourned Public Hearing Hannaford Supermarket - Variances granted Public Hearing Bernard Lombardi - They comply. .~ D.scussion Kenneth Battelle - Public hearing 5/23/00 Site Inspection 5/11/00 -get a survey map Paul Post Mr. Warren: Made a motion to approve the April 29,2000 minutes. Mr. diPierno: Second the motion. Vote: Mr. Prager abstained. All rest that were present voted aye. Mr. Warren: Made a motion to approve the Site Inspection minutes. Mr. diPierno: Second the motion. Vote: Mr. Prager abstained. All rest that were present voted aye. ADJOURNED PUBLIC HEARING Appeal No. 99-7031 at the request of Hannaford Supermarket. who is seeking 4 variances of Section 240- 112 and 240-97 - Whereas 50 feet minimum rear yard setback is required, the appellants are proposing 30 feet rear yard setback, thus requestine 20 feet rear yard setback to allow 30 foot rear yard setback for a rather small portion of the rear yard. Whereas a 20% building coverage is required, the appellants are proposing 21.3% building coverage, thus requestine 1.3% more than zonine currently permits. .~ '-"' Zoning Board of Appeals Summarized Minutes May 9,2000 page 2 ........ Appeal No. 99-7032 whereas 10x20 feet in length is required, the appellants are proposing 9x18 feet in length, thus requestin~ !x2 feet in len~th to allow a standard parkin~ stall to have dimension of at least 9x18 feet in leneth. Whereas 873 parking spaces is required, the appellants are proposing 7 space net increase in parking from existing conditions, thus requestine a 218 space variance to allow a total 655 spaces. a space increase from the existine 648 spaces. The property is located on Route 9 approximately 165 feet north of Myers Comers Road in the Town of Wappinger. Ross Winglovitz, applicants Engineer, Steve Reilly, applicant's attorney and Peter Friedrichs are present for the public hearing. Mr. Warren: Made a motion to open the adjourned public hearing. Mr. Prager: Second the motion. V ote: All present voted aye. Mr. Lehigh: We have heard a lot of evidence on this. The 9x 18 parking spaces was granted by the Planning Board. Weare down to the number of parking spaces. I would like to add some letters into the record. '-"' There is a letter from the Town of Wappinger Planning Board dated May 8,2000 and Mark Liebermann, the Zoning Administer dated May 1,2000. The letters are in the Town file. There is also a letter from Tectonic Engineering dated May 4,2000 in response to some of the comments from Mr. Jon Adams Esq. Mr. Lehigh: I would like to also add into evidence a resolution for a negative declaration and Site Plan approval from the Town of Wappinger Planning. They were adopted on April 17,2000 There is a letter from Dutchess County Planning Department dated December 6,1999. This letter is about Hannaford area variances. This letter is also in the Town file. Mr. diPierno: Made a motion to open this to the public. Mr. Warren: Second the motion. V ote: All present voted aye. Mr. Adams: I have written up a letter for my comments. (It is added to the Town file. He read some of the written comments). Mr. Roberts: In terms to the number of parking spaces for restaurants, are you referring to the current '-"' requirements or to the old requirements? ......... Mr. Adams: The current requirements. Zoning Board of Appeals Summarized Minutes May 9,2000 page 3 "- Mr. Reilly: I think the sufficient number of parking spaces is good. Mr. Warren: Made a motion to close the public hearing. Mr. Prager: Second the motion. Roll Call: Mr. Prager, aye Mr. Warren, aye Mr. diPierno, aye Mr. Lehigh, aye Mr. Roberts: I have provided the original draft copies to the attorney for the applicant and Jon Adams for the representative for the opponents. The copies have not included some of the amendments that were made to the decision on the application variances for Appeal No. 99-7031 (he read the decision out loud) Mr. diPierno: Made a motion to adopt the decision for Appeal No. 99-7031 as amended and drafted. Mr. Warren: Second the motion. Roll Call: Mr. Prager, aye Mr. Warren, aye Mr. diPierno, aye Mr. Lehigh, aye Mr. Roberts: everyone ). ....... Mr. Warren: Mr. Warren: Roll Call: The decision for application variance for Appeal No. 99-7032 (he reads the decision out loud to Made a motion to adopted the decision for Appeal No. 99-7032 as amended and drafted. Second the motion. Mr. Prager, aye Mr. Warren, aye Mr. diPierno, aye Mr. Lehigh, aye PUBLIC HEARING Appeal No. 00-7047 at the request of Bernard Lombardi, who is seeking an Interpretation of Section 240-18D -whereas the setbacks of the Wetland be measured by dry land, the appellant is proposing to fill in the area of the wetland by the U.S. Army Corp. permit, thus requestin~ to fill the U.S. Army Corp. Wetland. The property is located at 2 Stage Door Drive in the Town of Wappinger. Mr. Warren: Made a motion to open the public hearing. Mr. Prager: Second the motion. V ote: All present voted aye. Mr. Lehigh: What you were asking for is an Interpretation not a variance. We went out and looked at the property. We feel that you comply with the Town of Wappinger Section 240-18D. You do measure from dry land and that you are not going to fill over 10% of the swamp area. Nothing has changed other than that. ~ Mrs. Robin Mcadul: I am here for Charles May. Zoning Board of Appeals Summarized Minutes May 9,2000 '-" page 4 ....... Mr. Lehigh: You do not need a variance. You do not need anything else expect a building permit. DISCUSSIONS 1. Kenneth Battelle - seeking an area variance for square footage for a care takers dwelling. The property is located at 74 Old State Road in the Town of Wappinger. George Heirsenbuttl is present for the discussion. Mr. Heirsenbuttl: What I am looking to do is modify an existing building on the property and make it a care takers house. It complies with Section 240-61 with the exception ofthe last 2 phrases ofD. I also submitted to the Planning Board the Dutchess County Health Department letter. Also a new survey map and proposed subdivision, to show that this dwelling can function on its own. Mr. Lehigh: The driveway that you are proposing a joint driveway what is the width of that? "-' Mr. Heirsenbuttl: 112.27 feet. I also submitted the proposed subdivision line to show that the one subdivision with the caretakers dwelling has 7.1 acres and the rest of the property is 24 acres. Mr. Lehigh: All these lots are developed? Mr. Heirsenbuttl: There might be some that are not developed. Mr. Lehigh: You conform with everything expect the square footage. Mr. Heirsenbuttl: Actually I do conform with that, the only thing is that the building is 2400 square foot. Mr. diPiemo: The existing blueprint is 2400 square foot? Mr. Heirsenbuttl: No, it is 30x80. Mr. Lehigh: The excess space is for storage. You want 1800 square feet for the care takers and 600 for storage. Mr. Heirsenbuttl: Yes. Mr. Lehigh: We are going to have to have a site inspection. Site Inspection on May 12,2000 at 4:30 p.m. Mr. Lehigh: We will have a public hearing on May 23,2000. .,..... . . "'-' Zoning Board of Appeals Summarized Minutes May 9,2000 page 5 "-" 2. Paul Post - seeking an area variance to the above ground pool remain where it is. The property is located at 20 Beatty Road in the Town of Wappinger. Mr. Post is present for the discussion. Mr. Lehigh: What zone are you in? Mr. Post: I'm not sure. Ms. DiPaola: R-20. Mr. Lehigh: The pool is already there? Mr. Post: Yes. Mr. Prager: How old is the pool? Mr. Post: It's been there for a year. Mr. Prager: Who put the pool in for you? Mr. Post: Namco put it in. Mr. Lehigh: You are going to need a new survey map done. We can not do anything until we receive that '-'" survey map. I would like to schedule a site inspection. Site Inspection on May 12,2000 Mr. Prager: Made a motion to close the meeting. Mr. diPierno: Second the motion. V ote: All present voted aye. MEETING ENDED 9:15 p.m. Respectfully Submitted, Christina DiPaola, Secretary Zoning Board of Appeals .......