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1998-04-28AGENDA Town of Wappinger Zoning Board MEETING DATE: April 28,1998 TIME -- 7:30 PM Approval of April 14, 1998, minutes PUBLIC HEARINGS Town Hall 20 Middlebush Road Wappingers Falls, NY 1. Appeal No. 98-7021 - At the request of Guardian Self -Storage, who is seeking (4) four area variances of Article IV, Section 420.4; A. The appellant is proposing 15.9% (40,535 sq. ft.) Open Land, and 25% (63,707 sq. ft.) is required, thus a 9.1 % Open Land Variance is requested and; B. The appellant is proposing 34% (83,920 sq. ft.) Building Coverage, and 25% (63,707 sq. ft.) is required, thus a 9% Building Coverage Variance is requested and; C. The appellant is proposing 84.2% (214,291 sq. ft.) Impervious Coverage, and up to 75% (191,120 sq. ft.) is allowed, thus a 9.2% Impervious Coverage Variance is requested and; D. The appellant is showing a 26.8 -foot Rear Yard Setback, and 50 feet is required, thus a 23.2 foot Rear Yard Setback Variance is requested; All four variances are required for the expansion of the existing self -storage units facility on property located at 1153 Route 9, I/4 mile north of the intersection of Route 9 and New Hackensack Road and is identified as Tax Grid No. 19-6158-04-553361-00 in the Town of Wappinger. The Planning Board has declared its intent to be Lead Agency. The Zoning Board of Appeals made a Negative Declaration of Significance for this project on April 14, 1998. 2. Appeal No. 98-7020 - The Appellant, Mid -Hudson Sikh Culteral Center, is seeking an area variance of Article IV, Section 420.3 - Schedule of Dimensional Regulations - A 30 -foot side yard setback is required, and the Appellant is showing 25 feet, thus a 5 -foot side yard variance is required for property located on the corner of Ketchamtown Road and Ronsue Drive and is identified as Tax Grid No. 6156-02-532892-00 in the Town of Wappinger. The Zoning Board of Appeals declared itself Lead Agency and made a Negative Declaration of Significance for this project on April 14, 1998. soft - Town of Wappinger Zoning Board of Appeais Agenda - April 28, 1998 Page 2 3. Appeal No. 98-7019 - At the request of Airport Assisted Living Facilily Azzy Reckess, Pres.h who is seeking (4) four area variances of Article IV, Section 420.4; A. The appellant is proposing 29.7 -foot Rear Yard Setback, and 30 feet is required, thus a 5 Inch Rear Yard Setback Variance is requested and; B. The appellant is proposing a 37 -foot high tower (architectural feature), and a 35 -foot Maximum Building Height is allowed, thus a 2 -Foot Building Height Variance is requested and; C. The appellant is proposing a 48 -foot Front Yard Setback, and 75 feet is required, thus a 27 -Foot Front Yard Setback Variance is requested and; D. The appellant is proposing 26% Building Coverage, and 25% is required, thus a 1 % Building Coverage Variance is requested; All four variances are required for the conversion of the existing Airport Inn Motel into an Assisted Living Facility for property located at 1915 Route 376 and is identified as Tax Grid No. 19-6259-03-488331-00 in the Town of Wappinger. The Zoning Board of Appeals declared itself Lead Agency and made a Negative Declaration of Significance for this project on April 14, 1998. MINUTES Town of Wappinger Zoning Board of Appeals April 28, 1998 Minutes Members Present Mr. Fanuele: Acting Chairman Mr. Warren: Member Member Absent Town Hall 20 Middlebush Road Wappinger Falls, NY Mr. diPiemo: Member Mr. Prager: Chairman Mr. Lehigh: Member Others Present Mr. Donald Close, Zoning Administrator APPROVED Mrs. Nguyen, Secretary to the Zoning Board �1�`(I ly9$ MINUTES TO BE APPROVED: PUBLIC HEARINGS: MINUTES 'Afth PLANNING BOARD SUMMARIZED ZONING WARD OF APP; Ate; IR April 14, 1998 - Tabled Guardian Self -Storage Mid -Hudson Sikh Cultural Center Airport Assisted Living Facility Mr. Fanuele made a motion to table the minutes for April 14, 1998, since they just received them that afternoon. Mr. diPierno seconded the motion. Vote: All present voted aye. Mr. Fanuele explained to the appellants in the audience that only three members out of five are present. Therefore, it would take all three members to vote in favor of their appeal in order for it to be granted. They have the option of waiting until the next meeting for the Board to make a decision. PUBLIC HEARINGS 1. Appeal No. 98-7021 - At the request of Guardian Self -Storage, who is seeking (4) four area variances of Article IV, Section 420.4; Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 28,1998 Page 2 A. The appellant is proposing 15.9% (40,535 sq. ft.) Open Land, and 25% (63,707 sq. ft.) is required, thus a 9.1% Open Land Variance is requested and; B. The appellant is proposing 34% (83,920 sq. ft.) Building Coverage, and 25% (63,707 sq. ft.) is required, thus a 9% Building Coverage Variance is requested and; C. The appellant is proposing 84.2% (214,291 sq. ft.) Impervious Coverage, and up to 75% (191,120 sq. ft.) is allowed, thus a 9.2% Impervious Coverage Variance is requested and; D. The appellant is showing a 26.8 -foot Rear Yard Setback, and 50 feet is required, thus a 23.2 foot Rear Yard Setback Variance is requested; All four variances are requested for the expansion of the existing self -storage units facility on property located at 1153 Route 9, '/4 mile north of the intersection of Route 9 and New Hackensack Road and is identified as Tax Grid No. 19-6158-04-553361-00 in the Town of Wappinger. The Planning Board has declared its intent to be Lead Agency. The Zoning Board of Appeals made a Negative Declaration of Significance for this project on April 14, 1998. Mr. Redl, property owner, was present. Mrs. Nguyen stated all the mailings are in order. Mr. diPierno made a motion to open the public hearing. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. Redl explained one of the variance he is requesting was inherited because the zoning in that area has been changed. He stated they intend to combine three lots into two. By doing that it will help to attract a tenant for the vacant corner lot. The lot will end up a rectangle shape. As part of the building plans, they propose to copy the facade, shape and look of the Hyde Park Guardian Self -Storage. He stated there will be low intensity lighting, no additional plumbing, and parking is next to nothing because there is no need for that. Traffic is very low. He stated the existing house will be removed. Mr. Fanuele asked if anyone on the Board and the audience wanted to speak regarding this appeal. Mr. Tom Logan, abutting property owner, has no problem with the use of the property. However, he objects to giving variances when there is additional land owned by the same property owner. He felt there is enough additional property available. He stated the variances are in furtherance of a subdivision. He asked for additional screening along the property line. He stated the lights are a nuisance. He acknowledged that there is nothing that can be done about the lights. He objected to the variances on the basis that the variances would be granted in furtherance of a subdivision. He felt it is a self-created hardship. He stated Mr. Redl has enough property that he doesn't need a variance. Mr. Redl stated they did plant evergreens along the back of the property. The problem is that Mr. Logan's land is 20 or 30 feet higher than his property. s Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 28,1998 Page 3 Mr. Fanuele stated additional landscaping is needed on the back end of the property. If the lines where drawn a little differently, the amount of the variances would be decreased. Mr. Close stated 50 -foot rear yard setback is required where normally 25 feet is required between commercial and residential property. Mr. Redl explained it was built back in 1984 when the zoning was different. They met all the zoning requirements back then. Mr. Fanuele made a motion to close the public hearing. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. Fanuele felt some landscaping is needed on the back end of the lot. He suggested they could do a site inspection. Dutchess County Planning also requested additional landscaping. He asked if the Board wants to have a site inspection. Mr. Redl said he will work out the landscaping with the Planning Board. He suggested the Planning Board could look at the property rather than the ZBA. Mr. diPierno asked Mr. Logan if he could work something out with Mr. Redl regarding anything he might want mitigated. Mr. Logan did not have a problem with that. Mr. Close stated the Planning Board is addressing the screening and the lighting. Mr. diPierno made a motion to grant the variances. The requested variances will not be detrimental to nearby properties. There will be no undesirable change to the neighborhood since this is an expansion of an existing business. There does not seem to be any alternative methods to achieve the benefit sought by the applicant. The request is substantial. The variances will not cause any adverse effects on the physical and or environmental conditions of the neighborhood or district. The difficulty is arguable whether it is self-created. From some point of view it may be, but he did not feel it is sufficient to deny the variance. Mr. Warren seconded the motion. Mr. Fanuele stated Mr. Logan came to the meeting to express a couple of concerns. He wanted to address the concerns before voting. He did not want to put Mr. Logan on the spot. He suggested Mr. Redl should add additional screening in the rear of the property. Mr. Redl suggested Mr. Logan and himself could walk the property. If there is something Mr. Logan wants added, he will do that. Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 28,1998 Page 4 Mr. Fanuele stated everyone was in agreement that some type of landscaping needs to be done in the back based upon an agreement with Mr. Logan. Mr. Logan requested it should be based upon an agreement with him and Fred Rowe, another abutting property owner. ROLL CALL: Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Fanuele: Aye. Vote: All present voted aye. 2. Appeal No. 98-7020 - The Appellant, Mid -Hudson Sikh Cultural Center, is seeking an area variance of Article IV, Section 420.3 - Schedule of Dimensional Regulations - A 30 -foot side yard setback is required, and the Appellant is showing 25 feet, thus a 5 -foot side yard variance is required for property located on the corner of Ketchamtown Road and Ronsue Drive and is identified as Tax Grid No. 6156-02-532892-00 in the Town of Wappinger. The Zoning Board of Appeals declared itself Lead Agency and made a Negative Declaration of Significance for this project on April 14, 1998. Mr. Cappelli, Jr. , Architect, was present. Mrs. Nguyen stated all the mailings are in order. Mr. diPiemo made a motion to open the public hearing. Mr. Fanuele seconded the motion. Vote: All present voted aye. Mr. Cappelli, Jr. explained they are requesting a variance for an addition. The addition will serve the church. It will consist of a library, an office, a stairwell, and a small apartment for the priest. They are required to have a 30 -foot rear yard setback from Ronsue Drive. They have 25 feet. Mr. Fanuele asked the Board and the audience if they wanted to speak. Mrs. Lamprecht - 17 Ronsue Drive - Her family lives right next to the church. They are not in favor of an extension of the church because they believe their property value will be affected as well as the quality of their life. The church existed prior to them buying their home so they were able to judge the impact. The proposed addition will pose a burden on them. A church built today would have to be built on a minimum of 2 acres. The Sikh Church is only .755 of an acre. Parking at the church is inadequate. The addition will aggravate the situation. Also, the proposed addition will be partially used as a residence. They have no knowledge of the environmental impact the structure will have on her property including drainage. The church's property is much higher than hers. She asked the Board to deny the variance or delay making a decision pending more information. Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 28,1998 Page 5 Mr. Fanuele stated the applicant can not drain water onto her property. The Town Engineer will review the site plan to make sure that does not happen. Mr. Warren asked if they are having drainage problems currently. Mrs. Lamprecht said no. Mr. Fanuele stated the Planning Board will address drainage. The ZBA did review whether a residential use can be on the same property as a church. They determined it is permitted. He suggested some shrubs to help shield the residential home below. They are proposing additional parking spaces to help elevate the parking problem. These issues will be addressed by the Planning Board. Mr. Lamprecht stated he realizes the property is grandfathered, but can they expand onto the church at a future time. Mr. Fanuele said they can expand up to 50% of the existing building. Again, he suggested some landscaping to help screen the church from Mr. & Mrs. Lamprecht's home. Mrs. Lamprecht asked for a stockade fence up by the parking lot. Mr. Fanuele stated he did not think they could expand the church any further because they have *^rl- no room to add additional parking. He asked Mr. Cappelli if he would have a problem with putting up a fence along the property line. Mr. Cappelli had no problem with putting up a fence. Mr. Fanuele made a motion to close the public hearing. Mr. diPierno seconded the motion. Vote: All present voted aye. Mr. diPierno made a motion to grant the variance with the condition that a fence is to be installed on the property line to help screen the church from the Lamprechts' property. The requested variances will be detrimental to nearby properties to a minimal degree. He felt it could be mitigated by the Planning Board. There will be no undesirable change to the neighborhood. There does not seem to be any alternative methods to achieve the benefit sought by the applicant. The request is not substantial. The variances will not cause any adverse effects on the physical and or environmental conditions of the neighborhood or district. The difficulty is arguable whether it is self-created. He did not feel it is. Mr. Warren seconded the motion. ROLL CALL: Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Fanuele: Aye. Vote: All present voted aye. AO Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 28,1998 Page 6 2. Appeal No. 98-7019 - At the request of Airport Assisted Living Facility (Azzy Reckess, Pres.), who is seeking (4) four area variances of Article IV, Section 420.4; A. The appellant is proposing 29.7 -foot Rear Yard Setback, and 30 feet is required, thus a 5 Inch Rear Yard Setback Variance is requested and; B. The appellant is proposing a 37 -foot high tower (architectural feature), and a 35 -foot Maximum Building Height is allowed, thus a 2 -Foot Building Height Variance is requested and; C. The appellant is proposing a 48 -foot Front Yard Setback, and 75 feet is required, thus a 27 -Foot Front Yard Setback Variance is requested and; D. The appellant is proposing 26% Building Coverage, and 25% is required, thus a 1% Building Coverage Variance is requested; All four variances are requested for the conversion of the existing Airport Inn Motel into an Assisted Living Facility for property located at 1915 Route 376 and is identified as Tax Grid No. 19-6259-03-488331-00 in the Town of Wappinger. The Zoning Board of Appeals declared itself Lead Agency and made a Negative Declaration of Significance for this project on April 14, 1998. Mr. Ed Loedy, Architect, was present Mr. Fanuele asked about the height of the tower. "Or"* Mr. Loedy said they will keep at 37 feet, thus a 2 foot variance is required. Mrs. Nguyen stated the mailings are in order. Mr. Fanuele made a motion to open the public hearing. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. Fanuele asked if there was anyone in the audience who wanted to speak concerning this project. Hearing none; Mr. Warren made a motion to close the public hearing. Mr. diPiemo seconded the motion. Vote: All present voted aye. Mr. Fanuele stated the Board did not receive a response from Mr. Liebermann regarding the height of the tower. He made a motion to grant the 5 inch rear yard setback variance, the 27 foot front yard setback variance and 1% building coverage variance. He tabled the variance regarding the tower (building height variance) for the next meeting so they can get a response from Mr. Liebermann. Mr. Warren seconded the motion. Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 28,1998 Page 7 ROLL CALL: Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Fanuele: Aye. Vote: All present voted aye. Mr. Fanuele stated they can be on the next agenda to discuss Item No. 2 regarding the tower. Mr. Close is to ask Mark to put his concerns in writing. Mr. diPierno made a motion to adjourn the meeting. Mr. Warren seconded the motion. Vote: All present voted aye. MEETING ADJOURNED AT 8:20 PM. Respectfully submitted, Linda Nguyen, Secretary Town of Wappinger Zoning Board of Appeals