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2000-04-25 , " MINUTES APPROVED MAY 09 2000 Zoning Board of Appeals Summarized Minutes April 25,2000 page 1 .... MINUTES Town of Wappinger Zoning Board of Appeals MEETING DATE: April25,2000 TIME: 7:30 p.m. Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Lehigh, Mr. Warren, Chairman Member Mr. Fanuele, Vice Chairman Mr. diPierno, Member Members Absent: Mr. Prager, Member Others Present: Mr. Liebermann, Mr. K. vinge, Zoning Administer Planner to Town Mr. Roberts, Attorney to Town Ms. DiPaola, Secretary to Zoning SUMMARIZED Adjourned Public Hearing: Hannaford Supermarket - Adjourned until 5/9/00 ........ Discussions: Cindy Dewey Denise Bertolino - Site Inspection 4/29/00 - Site Inspection 4/29/00 Mr. Fanuele: Made a motion to approve the April 11,2000 minutes as corrected. Mr. Warren: Second the motion. . i V ote: All present voted aye. ADJOURNED PUBLIC HEARING Appeal No. 99-7031 at the request of Hannaford Supermarket, who is seeking 3 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 for a rather small portion of the rear yard. Whereas a 20% building coverage is required, the aPl?ellants are proposing 21.3% building coverage, thus requestine a 1.3% more than zonine currently permits. Appeal No. 99-7032 - 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 of 655 spaces. a space increase from the existine 648 spaces. The property is located on Route 9 approximately 165 feet north on Myers Corners Road in the Town of Wappinger. ......... Peter Friedrichs applicant, Ross Winglovitz applicant's engineer and Steve Reilly applicant's attorney is present for the public hearing. MINUTES APPROVEO HAY 0 9 2000 Zoning Board of Appeals Summarized Minutes April 25,2000 page 2 ... Mr. Warren: Made a motion to open the adjourn public hearing. Mr. diPiemo: Second the motion. V ote: All present voted aye. ........ Mr. Reilly: I would like to indicated that the notices that were required by the Zoning Board, they have been filed with the Secretary of the Board. March 28,200 through April 11,2000 the Planning Board did not make a determination to the SEQRA. The Planning Board did approve the SEQRA on April 17,2000. Do we have anything in writing stating that? Dan had to revise the resolution and then he will give out the resolution. With regard to the SEQRA, the building coverage we will be increasing the amount of green space. Also the size of parking spaces we would like to withdraw the application for that variance. The Planning Board approved the 9x18 spaces with their site plan approval. The sign variance is also withdrawn at this point. Mr. Winglovitz: We prepared a little brief statement in writing because there were some questions from the previous public hearing. We have a table of what has gone on in the pass with the parking and the approvals. (they handed the packet to the board and the secretary. He reads over the packet.) Mr. Lehigh: These two studies use 9x 18 parking spaces? Mr. Winglovitz: They have different space size, that <;loesn't affect the number of parking spaces. It depends on , I the configuration. Based on our design there is 400 spaces within 3 different sites. We found that we will only need 321 spaces in the 3 parking fields. There is 302 parking spaces within the entrance to the door. There is sufficient parking within the entrance of the building. Mr. Roberts: On page 3 of your submission, you indicated that number of spaces to 302 spaces based on 4,312 square feet of retail space 12,188... Mr. Winglovitz: If you look at our building and the way it is used is about 43,212 square feet is used as retail the rest of it is used for storage and fopd preparation. Mr. Roberts: On page 2, you indicate that there is 321 spaces available based on the parking study that was done. Mr. Lehigh: Mr. Kvinge: Mr. Reilly: Mr. Lehigh: I would like to look at the rest of the information and then have you come back. I would like to close the hearing and then within 60 days make a decision. ,-""Mr. Roberts: I think the site plan should be read into the record. MINUTES APPROVro HAY 09 2000 Zoning Board of Appeals Summarized Minutes April 25,2000 page 3 ..... Mr. Winglovitz: This is a amended site plan, Wappinger Plaza. It was dated 10-12-99 last revised 2-29-00, map number C-I0l Mr. Adams: I understand that the applicant is no longer seeking an variance for the size of spaces. I have a written statement for my comments. My letter has to be modify because of the size of the parking spaces. Its our precision that a reduction from 800 to 600 spot is about 33% of a reduction. If you were to grant this application, you would be permitting a zoning scheme to satisfy the applicants. The court note said if the parcel gets larger you have less disgrestion. There is nothing physically about this site that creates any pediments have a shopping center where the number of spaces that conform. The size of this parcel and the existing approvements preclude you from granting this variance, based upon the dimension of the variance that he wants. If they want a store that size, they can find a site that accommodates that store and accommodate the number of parking spaces. There are other sites in the Town of Wappinger. I think you are beyond my ability to grant the variance. As far as I know this is a flat site that has '-' no geographic features that preclude building portions. The only impediment here for this is the size, its too small for the store that he wants. Its my belief it is beyond this board to grant this variance and I have the balance of my argument on the written statement. , ' Mr. Reilly: It seems to me that the argument made lfrom Mr. Adams might have more weight if it was a greater variance. Weare not asking for a larger variance, we are reducing. The site has been granted for the reduce number of parking spaces. We are talking about a 33% variance request, and in the law suit it was 25%. I would note that it was a case decided in 1971 and the Town Law has changed since then. We do need to be competitive in this area. Why go out tear up a new site, when you already have an existing site that had the same use on~t. It makes more sense to go with the old site, than go with a whole new site. I don't believe that any public hearing that we have had, there is no objection to this variance. Mr. Roberts: Tonight we received testimony to the number of parking spaces. In the legal notice is says they are required 873 spaces and in the submission was 719. That has changed in 1994 when another store came in. It indicated that there are 736 parking spaces that were required and the approved quantity was 636. "'-'" MINUTES APPROVED MAY 0.9 2DOO Zoning Board of Appeals Summarized Minutes April 25,2000 page 4 ....... Tonight they indicated they only need 302 parking spaces for a facility contains 43,312 square feet of retail space and 12,188 square feet of storage. It seems to me someone has to clarify the quantity for the number of spaces that is required. I recommend this board send a letter to the Planning Board to clarify the number of spaces. We thought at the time that was the required number of parking spaces. The Zoning analysis on page 3 that is saying that some code will allow the applicant to subtract out storage spaces. Whether it is 873 or 736 spaces, there is more than sufficient parking. We are still going to be below the number of spaces that is required. This is all done under Hannaford analysis. Mr. Reilly: Mr. Lehigh: Mr. Reilly: Out of 873 that is required, you can still only provided 655 spaces? That is correct. Mr. Roberts: For the record this is contain in Section 240-97 of the Zoning Code. (read the list on the page) Mr. Reilly: There is less retail space, I think our analysis still applies. Mr. Warren: Made a motion to have an executive session. ........ Mr. diPiemo: Second the motion. V ote: All present voted aye. Went into executive session at 8:15 Mr. Warren: Made a motion to come out ofthe e~ecutive session. Mr. diPiemo: Second the motion. i V ote: All present voted aye. Came out of executive session at 8:40 Mr. Lehigh: Since we had some new information, we have some question for the Plalming Board and the Zoning Administer. The next meeting we will put you on is May 9, 2000 Mr. Roberts: You need the Planning Board SEQRA determination. It has been edited, but have not been submitted for signatures. It will be done soon. We want those documents in the public record here. We are going to request from the Planning Board or the Zoning Administer a analysis on how the parking spaces were determine in the first instincts and what the actual count is for this plaza. We want to get that resolved. .,~ Mr. Winglovitz: We have gone through with Wappinger Plaza and got each use within the building and we used that for the calculations. Mr. Roberts: There was a variance granted in 1994 and that variance applies to the whole site. The Zoning Board wants an understanding how we went from 636 that was approved to 873. They want to get that clarify, before they make a decision. ....... ~!:,"iS (,..',-'",:(JVEO MAY \) 9 2000 Zoning Board of Appeals Summarized Minutes April 25,2000 page 5 ..... Mr. Warren: Made a motion to adjourn the public hearing until May 9,2000. Mr. diPiemo: Second the motion. V ote: All present voted aye. DISCUSSIONS 1. Cindy Dewey - Seeking 2 area variances to put an above ground pool in. The property is located at 18 Lenny Court in the Town of Wappinger. Cindy Dewey is present for the discussion. Mrs. Dewey: This is our property. We have plenty of room for the pool. I traced my survey onto here. The property here is owned by the Town of Wappinger. It is Conservation property. There is 3 lots that boarders our property. Majority of the properties that surround us have pools. There is a tree line along the back of my house. I live on a cuI de sac. Mr. diPiemo: What is that on the back of your house? Is that a deck? ....... Mrs. Dewey: It is an open deck, all the houses in the neighborhood came with them. Its 7 foot deck. Mr. Warren: Are you going to put any kind of fencing around the pool? Mrs. Dewey: No, just the fence that would come with the pool. Mr. diPiemo: What is the shape of the pool? ' i Mrs. Dewey: Its an oval shape. Mr. Fanuele: There is a deck on the pool. Mrs. Dewey: Not a permanent deck, something to get in and out of the pool. Mr. Liebennann: The deck is part of the pool it comes with it. Mr. Lehigh: How big is that? Mrs. Dewey: It will stick out about 4 feet. .,~ Mr. diPiemo: Can you change the position of your pool? Mrs. Dewey: No matter, which way I turn it, it will is still need 10 feet. Mr. Fanuele: Your lot is 10,000 square feet? Mrs. Dewey: Yes. tv1r. Lehigh: Is your lot the smallest lot? ~rs. Dewey: No actually it is one ofthe larger lots. There is plenty of room to put the pool in. MINUTES APPROVeo MAY 09 2000 Zoning Board of Appeals Summarized Minutes April 25,2000 page 6 -.-, , Mr. Lehigh: I think we will come out to look at it. SITE INSPECTION April 29,2000 at 9:00 a.m. 2. Denise Bertolino - Seeking 2 area variances for a new garage and a bonus room. The property is located at 114 Diddell Road in the Town of Wappinger. Denise Bertolino is present for the discussion. Mrs. Bertolino: We want a 2 car garage with a bonus room on top. Mr. Lehigh: You need 19 feet on one side and 15 feet on the other. Mrs. Bertolino: There is nothing in front of our house. Our next door neighbor is at least 400 feet away from use. Mr. diPiemo: What is the style of your house? Is it a raised ranch? ...... Mrs. Bertolino: It just a regular ranch house. Mr. Fanuele: How big is your lot now? Mrs. Bertolino: It is a 1/3 of an acre. Mr. Lehigh: We will have to come out and look at it.; , SITE INSPECTION April 29,2000 at 10:00 a.m. Mr. Warren:Made a motion to approve the site inspection as amended. Mr. diPiemo: Second the motion. V ote: All present voted aye. Mr. diPierno: Made a motion to adjourn the meeting. Mr. Warren: Second the motion. 'I V ote: All present voted aye. ....... Respectfully Submitted, C~,vYvC^- 0 I PO.(fe. Christina DiPaola, Secretary Zoning Board of Appeals