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2000-04-11 MINUTES APPROVED APR 26 2000 Zoning Board of Appeals Summarized Minutes April 11, 2000 page 1 .......... MINUTES Town of Wappinger Zoning Board of Appeals MEETING DATE: April 11, 2000 TIME: 7:30 p.m. Town Hall 20 Middlebush Road Wappinger Falls, NY Members Present: Mr. Lehigh, Chairman Mr. Warren, Member Mr. Fanuele, Vice Chairman Mr. diPierno, Member Mr. Prager, Member Others Present: Mr. Liebermann, Zoning Administer Mr. K vinge, Planner to Town SUMMARIZED Ms. DiPaola, Secretary to Zoning Adiourned Public Hearing: Hannaford Supermarket - Adjourned until 4/25/00 Discussions: Stewart's Ice Cream Inc. Bernard Lombardi The Board made some corrections to the March 28,2000 minutes. - should withdraw - Site Inspection 4/15/00 '-" Mr. Prager: Made a motion to approved the March 28,2000 minutes as amended. Mr. Warren Second the motion. V ote: All 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 feet rear yard 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 requestinl:! 1.3110 buildine coveraee to allow buildine coveraee to be 1.3% more than the zonine currently permits. Appeal No. 99-7032 - Whereas 10x20 feet in length is required, the appellants are proposing 9x18 feet in length, thus requestinl:! !x2 feet in leneth to allow a standard parkine space stall to have dimension of at ........ least 9x18 feet in len~th. MINUTES APPROVED Zoning Board of Appeals Summarized Minutes April 11,2000 page 2 APR 2 6 2000 '--" Whereas 873 parking spaces is required, the appellants are proposing 7 space net increase in parking from existing conditions, thus requestin2 a 218 space variance to allow a total of 665 spaces. a 5 space increase from the existin1! 648 spaces. The property is located on Route 9 approximately 165 feet north of Myers Comers Road in the Town of Wappinger. The Zoning Board of Appeals had not made a determination of significance pursuant to the State Environmental Quality Review Act and hereby reserves its right to make such detennination after the conclusion of the public hearing. Jeff Schiller, the applicant engineer is present Mr. Warren: Made a motion to open the adjourned public hearing. Mr. Prager: Second the motion. V ote: All present voted aye. '-'" The Planning Board has not accepted the Environmental statement yet. The Zoning Board of Appeals can not go any further until the Planning Board does accept it. Mr. Lehigh: I would like to add some information into the record. We did receive the traffic study, dated April 6, 2000. We will also enter into the record the map, it is C-101 revision number 3 prepared by Tectonic Engineering. Mr. Schiller: I would like to ask the board if we can adjourn the public hearing until the next meeting, since the Planning Board had not made a determination on the Environmental statement. Mr. Warren Made a motion to adjourn the public hearing until April 25,2000. Mr. diPiemo: Second the motion. V ote: All present voted aye. DISCUSSIONS 1. Stewart's Ice Cream Inc. - Seeking 2 area variances for gas island and canopy. The property is located at ......... 660 Route 9D in the Town of Wappinger. rl,1INUTES A.PPROVeD APR 26 2000 Zoning Board of Appeals Summarized Minutes April 11,2000 page 3 ........... Tom Lewis the Realtor for Stewart's is present for the discussion. Mr. Lewis: We did appear before the Board back in 1993 to ask for the same variances as now. Weare back now to ask for the same variance which would allow us to have a service station within 1000 feet of residential zone. I want to talked about two things here. The first is the background on the gas proxsymetry laws. I am not arguing the law. The reason the gas law is on the books, is because of simplitheic detonation. Here are some notes that were in the legal document. (Gives to the Board and Mr. Liebermann. Mr. Lewis talked about the notes that were given to the Board.) The criteria that we are asking for the variance are that we believe that it will not be detrimental to the character of the neighborhood or near by properties. There will be no negative consequence to the variance. The Store is losing 10.2% a year, the only way to make the store profitable is by adding ~ gas. You don't see a whole lot of gas without inside sales. Mr. Lehigh: You are finding fault with the law to the way it is written. Have you ever thought about going to the people who make the law? Mr. Lewis: Yes, I have. We made the case before the Town Board in East Fishkill and they said this doesn't make any sense. I was a waste of their time. Mr. Prager: I believe that you are asking for an area variance? Mr. Lewis: I am not sure. Mr. Prager: It is a little confusing, because it is like a new use. If it is an area variance the financial hardship does not come into it. Mr. Lehigh: You let it go once and you could of press your case for the hardship then. Mr. Lewis: We had no financial hardship. Mr. Lehigh: If you have cases where the law is not right, we can not change the law. The Town Board will be the place to do it. Mr. Lewis: I thought it made more sense to come here first, and if it was turned down then I would go to the Town Board. ......... MINUTES APPROVED Zoning Board of Appeals Summarized Minutes April 11,2000 page 4 APR 2 6 2000 .'- Mr. Kvingc: There has to be a number of criteria's that has to be satisfied in order to grant a variance. I think this exercise to go through and see what you get from the Zoning Board and if the application is not in favorable then go to the Town Board. Mr. Lewis: The physical environment is only moderately impacted. We are asking for only 2 gas islands. Most gas stations have 4 or more islands. We are asking for the minimum for the gas island. It's not a self created hardship. Mr. Lehigh: You had an environmental statement, I would like to see that. Mr. Lewis: Yes, we do. Mr. Lehigh: I want a copy of the EAF form from 1993. Mr. Kvingc: We have a copy from our file of the EAF. Mr. Lcwis: We are trying to ask for the minimum. Here is a copy of our Dutchess County Stores. (Gives to the Board Mr. Liebermann and Mr. Kvinge) The lot allows 20% coverage. We have 4.6%, legally we can build 10,000 square feet and we have only 2400. ....... Mr. Fanuele: Can you explain what you gave me? Mr. Lewis: What you have there is all 296 shops. It's ordered by net profit. It goes from the top shop to the worse shop. Mr. Warren: Have you done a traffic study for Route 9D? Route 9D is horrible to get on and off. You are going to increase cars coming in and cars coming out. Mr. Lewis: No I haven't. Mr. Fanuele: I am confused on ifit is a use or area variance. Mr. Kvinge: It's somewhere in between, I think it's more ofa use variance. Mr. Prager: We have to know what the criteria is. If it is a use variance, you are going to have to give us a financial statement. Someone has to straighten this out. Mr. Liebemlann: It can be consider both. Mr. Prager: You might want to consult an attorney to find out what it is. Mr. Lehigh: I think it is more of an area variance, than it is a use, its right on the border line. Mr. Kvinge: It is on the border line. That is the key issue here, that has to consider presence that maybe set by granting such variance. ....... Mr. Lewis: What I would like to know if the board would grant the variance if it was a use variance? ~ '.) '\PPFiOVEO APR 2 6 2000 Zoning Board of Appeals Summarized Minutes April 11,2000 page 5 Mr. Lehigh: I would have to say no. We have never granted a use variance within the last 15 years that I have been here. Mr. Fanuele: I think you are at the wrong board. You should go back to the Town Board. Mr. Lewis: I will do that. Mr. Lehigh: Mr. Lewis: Mr. Lehigh: Mr. Lewis: Are you going to withdraw this for now? I think I will withdraw it for now. Will you send us a letter stating that. Yes. 2. Bernard Lombardi - Seeking an area variance for the measure of dry land to meet the setbacks. The property is located at 2 Stage Door Drive in the Town of Wappinger. Charles May, the applicant's engineer is present for the discussion. '-" Mr. May: Mr. Lehigh: Mr. May: ....... I represent Bernard Lombardi. The property is located on Stage Door Drive. They sell appliance parts. In order to continue with the business that they have, they need more room. We have an extension on the warehouse, there is a 500 foot connector and a 10,000 square foot warehouse. We have been before the Planning Board, they told us to come before the Zoning Board of Appeals. The reason we are here, we have run into a U.S. Army Corp. Engineer jurisdiction wetland area. The Army Corp. Engineers define the wetlands, as having 3 various components. They are soil plants and hydraulics. This area is about 1/3 of an acre under the U.S. Army Corp. wetland We can fill in 1/3 of that wetland. We had a comment from the Town Planner, that all setbacks requirements should be measured from dry land. The purpose of being here is to clarify the meaning of dry lands. The wetland area had a 12 inch pipe which created a restriction in this area. Most of the water that comes into this area is surface water. There is no stream around. It is on the Army Corp. of Engineers map? They don't map them, it is up to myself to map them and to be aware of them. We got someone to delineate wetlands according to the Army Corp. standards, that is what we have at this ......... Mr. Lehigh: Mr. May: M r. Lehigh: Mr. May M r. Prager: Mr. May: Mr. Prager: Mr. May: ~ MINUTES ,WPROVf:O APR 2 6 2000 Zoning Board of Appeals Summarized Minutes April 11,2000 page 6 particular location. I know that it is a U.S. Army Corp. wetland, its not significant wetland. Th~ Army Corp. felt that it was a high quality wetland. We have the right to fill 1/3 of this area. Once we fill that area we will be able to have the 10 foot setback on dry land. We request the Zoning Board of Appeals to give us what they feel is need for this. The Planning Board gave you recommendation one way or another? I think the Planning Board wanted us to come here for an Interpretation on this. Have you done an Environmental statement for this? We have done a long from EAF for the Planning Board. We have the short form EAF for this board. You have referred it to Army Corp.? We own 1/3 of an acre of that land. You have that now? Yes. You would have to call the Army Corp. and you notify them. You have already been permitted. Mr. K vinge: The nation wide permit its basically a blanket permit that covers all application for projects that meet certain requirements. They usually cover minor application so the Army Corp. doesn't have to go through a whole review process for every application. Mr. diPiemo: The Army Corp. knows what you want to do. They express no opposition? Mr. May: None what so ever. Mr. Kvinge: It does appear to be a man made wetland that was created from the road or the culvert. It doesn't have a typical wetland value, it does have a high value for functionally as a filter for a run off. Mr. Fanuele: Can you change the shape of the building so you don't end up in the wetland? Mr. May: We have taken a look at that. We don't want to get into a 2 story building, he wants to stay in the 1 story building. Mr. Lehigh: I think we should come out and look at this. ~ MINUTES I\PPROVeD APR 2 (1 2000 Zoning Board of Appeals Summarized Minutes April 11,2000 page 7 '-' SITE INSPECTION April 15,2000 at 10 a.m. Mr. Prager: Made a motion to adjourn the meeting. Mr. diPiemo: Second the motion. V ote: All present voted aye. MEETING ENDED 8:30 p.m. .,.,. Respectfully Submitted, Crvu-bl~JY\.C'-' 01 R((k~ Christina DiPaola, Secretary Zoning Board of Appeals '-'"