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1998-04-14Town of Wappinger Zoning Board MEETING DATE: April 14, 1998 TIME -- 7:30 PM Approval of March 24, 1998, minutes PUBLIC HEARINGS AMENDED AGENDA 'woo' Town Hall 20 Middlebush Road Wappingers Falls, NY Appeal No. 98-7017 - At the request of Mid -Hudson Castle LTD who are seeking an area variance of Article IV, Section 470.3.2.5 - The appellants are proposing 14 "stacked" valet parking spaces, seven without a 25 -foot parking maneuvering aisle as required, thus a 25 -foot parking maneuvering aisle variance is requested for property located on the corner of Route 376 and Myers Corners Road and is identified as Tax Grid No. 19-6358-01-296627-00 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 March 24, 1998. 2. Appeal No. 98-7018 - At the request of Mr. Jim Fogler, who is seeking an area variance of Article IV, Section 420.3 & 410.4.2.2 - The appellant's deck was built within 16 feet from the side yard, whereas 25 feet is required, thus a 9 -foot side yard setback variance is requested for the deck . The property located at 455 All Angels Hill Road and is identified as Tax Grid No. 19- 6357-03-151049-00 in the Town of Wappinger. The Zoning Board of Appeals declared itself Lead Agency for this project on March 24, 1998. DISCUSSIONS 1. Mid -Hudson Sikh Cultural Center -To discuss Appeal No. 98-7020 requesting an area variance for a side yard setback. The property is located at 274 Ketchamtown Road in the Town of Wappinger. 2. Goodwill Industries I Sign Language - To discuss Appeal No. 1249 which was granted approval for a 150 sq. ft. sign rather than 288 sq. ft. as requested. The Appellant has requested to re -discuss this Appeal regarding an illuminated accent strip the length of the facia to be installed on property located on Route 9 (Wappinger Plaza) in the Town of Wappinger. 3. Airport Assisted Living Facility - To discuss Appeal No. 98-7019 requesting four variances (front yard, rear yard, maximum building height, and maximum building coverage) for property located at 1915 Route 376. (Former Airport Inn Motel). 4. Guardian Self -Storage - To discuss Appeal No. 98-7021 requesting 4 variances (Open Land, Building Coverage, Impervious Coverage, & Rear Lot Setback) for property located on Route 9, I/4 mile north of the intersection of Route 9 and New Hackensack Road in the Town of Wappinger. MISCELLANEOUS I. Guardian Self Stora e -Designation of Lead Agency in accordance with SEQR. 2. Dutchess County Planning Federation Short Course - April 29, 1998 - 7:00 to 9:30 PM - Farm & Home Center, Route 44, Millbrook, NY. MINUTES Town of Wappinger Zoning Board of Appeals April 14, 1998 Minutes Members Present Mr. Prager: Chairman Mr. diPierno: Member Member Absent Mr. Lehigh: Member Town Hall 20 Middlebush Road Wappinger Falls, NY Mr. Fanuele: Member Mr. Warren: Member Others Present Mr. Donald Close, Zoning Administrator Mrs. Nguyen, Secretary to the Zoning Board SUMMARIZED MINUTES TO BE APPROVED: March 24, 1998 is APPROVED AVR 2 6 ft PLANNNG 80ARDk)F APPEALS C PUBLIC HEARINGS: Mid -Hudson Castle, LTD Jim Fogler DISCUSSIONS: Mid -Hudson Sikh Cultural Center Goodwill Industries / Sign Language Airport Assisted Living Facility Guardian Self -Storage MISCELLANEOUS: Fanuele - Acting Chairman for April 28, 1998 MINUTES Mr. diPierno made a motion to approve the March 24, 1998, minutes. "72 Mr. Warren seconded the motion. Vote: All present voted aye. PUBLIC HEARINGS 1. Anneal No. 98-7017 - At the request of Mid -Hudson Castle, LTD, who are seeking an area variance of Article IV, Section 470.3.2.5 - The appellants are proposing 14 "stacked" valet parking spaces, seven without a 25 -foot parking maneuvering aisle as required, thus a 25- 0 on 1400' Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 14,1998 Page 2 foot parking maneuvering aisle variance is requested for property located on the corner of Route 376 and Myers Corners Road and is identified as Tax Grid No. 19-6358-01-296627-00 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 March 24, 1998. Mr. Bill Poval, PE, from Gray Engineering, was present. Mrs. Nguyen stated all the mailings are in order. Mr. diPierno made a motion to open the public hearing. Mr. Fanuele seconded the motion. Vote: All present voted aye. Mr. Poval, PE, explained that he had submitted to the Planning Board for amended site plan approval to include a catering facility. They were informed that they would need a variance for the 25 ft. maneuvering aisle for 7 of the 14 valet parking spaces. Mr. Prager asked the Board and then the audience if they wanted to speak. Mr. John Becker - 20 Doghill Road - Wanted to look at the map. He stated he has no problem with the project as long as it is enforced. Mr. Prager suggested shrubs to help buffer the business. Mr. Poval, PE, stated he is required to plant pine trees, etc. as part of the site plan process. Mr. Prager logged into evidence a letter from the Zoning Administrator dated March 3rd - Planning Board recommendation. A copy of the amended site plan dated August 28, 1995. The ZBA minutes from the last meeting. A letter from the Dutchess County Planning - stating no comment. Mr. Fanuele made a motion to close the public hearing. Mr. diPierno seconded the motion. Vote: All present voted aye. Mr. Prager made a motion to grant the variance. The requested variance will not produce an undesirable change in the character of the neighborhood. It will not be detriment to nearby properties. There were no other feasible methods available other than the requested variance. The requested area variance is not substantial. The proposed variance will not have an adverse effect or impact on the physical or environmental condition in the neighborhood or district. Mr. Warren seconded the motion. on ..i Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 14, 1998 Page 3 Mr. Fanuele added the variance is for valet parking. If for some reason valet parking does not come about or it is removed, then the variance will become null and void. ROLL CALL: Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Fanuele: Aye. Mr. Prager: Aye. Mr. Lehigh: Absent. Vote: All present voted aye. 2. Appeal No. 98-7018 - At the request of Mr. Jim Fogler, who is seeking an area variance of Article IV, Section 420.3 & 410.4.2.2 - The appellant's deck was built within 16 feet from the side yard, whereas 25 feet is required, thus a 9 -foot side yard setback variance is requested for the deck. The property located at 455 All Angels Hill Road and is identified as Tax Grid No. 19-6357-03-151049-00 in the Town of Wappinger. The Zoning Board of Appeals declared itself Lead Agency for this project on March 24, 1998. Mr. Fogler 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. Fogler explained he built a modular along with a deck. He had some concerns about the size of the deck. He called Mr. Close and asked if he could extend the deck. At that time, he was told it wouldn't be a problem. After the deck was complete and it was time to get the c/o, that is when they were told the deck extended out too far. He was told he needs a variance before he could get his c/o. Mr. Prager stated he received a letter from Mr. Close dated March 25, 1998. On the drawing it states the deck is shown with a dotted line and says possible future addition (Sept. 8, 1997). The building permit was issued by Mr. Ricotta, former Building Inspector. He included in the building permit cost the price of a wrap around deck (Sept. 10, 1997). An inspection was made by John Morgan, present Building Inspector on February 17, 1998. He made a comment that no drawings for the deck were included with the original construction drawing. Note No. 4 says as - built drawings dated January 29"' show a solid line for the deck. Then, he read from Mr. Fogler's letter. "Our intention was to build a wraparound porch/deck was clearly noted throughout the process. The building permit was granted indicating plans for a porch/deck. Additionally, we were told that since the porch/deck is not part of the foundation, it is not considered a permanent structure and would not pose a problem." He asked Mr. Fogler who stated the deck is not part of the foundation and therefore it is not considered a permanent structure. In wr' Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 14, 1998 Page 4 Mr. Fogler said Mr. Close told him that information. He stated there was no Building Inspector at that time. Mr. Prager read from Mr. Morgan's report, "No drawings have been provided for deck construction and inspections were not performed for footings and framing. Observed one 8 inch diameter pier down more than 42 inches." He asked if the footings were inspected. Mr. Close stated Mr. Morgan checked one footing and that was down the proper depth of 42 inches. He did not check all the footings. DISCUSSION OF THE FLOOR PLAN Mr. Fanuele asked Mr. Fogler to document his experience of being a first time subcontractor and submit it to the Board. Mr. Fogler said he would. Mr. Prager asked what inspections were done throughout the process. Mr. Close stated he was aware of a footing inspection, framing inspection and a footing drain inspection. Mr. Morgan did the finishing inspection. Mr. Prager asked when the deck was constructed. Mr. Fogler said it was put up after the modular was set on the foundation. Then, the final inspection was held. Mr. Prager asked if anyone in the audience wanted to speak for or against the variance. Mr. Paul McCann - 449 All Angels Hill Road - Stated he has no problem with the Board granting the variance. Mr. Prager logged into evidence Mr. Close's letter dated March 25, 1998. Survey of the property and Building Permit application. Site Plans dated August 28, 1997, and January 26, 1998. A copy of the Building Dept. Field Correction Notice and minutes from the last meeting. Mr. diPierno made a motion to close the public hearing. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. Prager made a motion to grant the variance. The requested variance will not produce an undesirable change in the character of the neighborhood. It will not be detriment to nearby properties. There were no other feasible methods available other than tearing the porch down and that would not be to anybody's benefit. The requested area variance is not substantial. The proposed variance will not have an adverse effect or impact on the physical or environmental condition in the neighborhood or district. *49► On 1.rr Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 14, 1998 Page 5 Mr. Fanuele added he would like Mr. Fogler to submit an experience report so they can help other people. He stated he does not have to submit the report before the Decision and Order is filed. Mr. diPierno seconded the motion. ROLL CALL: Mr. Warren: Mr. Fanuele: Mr. Lehigh: Vote: All present voted aye. DISCUSSIONS Aye. Mr. diPierno: Aye. Aye. Mr. Prager: Aye. Absent. 1. Mid -Hudson Sikh Cultural Center - To discuss Appeal No. 98-7020 requesting an area variance for a side yard setback. The property is located at 274 Ketchamtown Road in the Town of Wappinger. Mr. Cappelli, Jr., Architect, was present. '`"' Mr. Prager stated he had asked at the last meeting for Mr. Close to gather more information. He read Mr. Close's letter dated March 31, 1998, "I do not find any records of any "Board" allowing an in-house apartment. At this time, I do not find anything in the Ordinance saying this is not allowed. At this writing, I feel only a side yard variance is required. I interpret the front yard or front of the building being that portion facing a dedicated road. (This case being Ketchamtown Road.)" On page 2 of the Fire Prevention Bureau's report, No. 9, states, "Living quarters are posted and ordered to vacate." That was back in November of 1994. There is a letter from Mr. Liebermann dated Nov. 17, 1994. It says, "During the inspection, it was noted that the basement area is being used as a residence which is not permitted pursuant to 9NYCRR Section 1241.1 which states that it shall be prohibited to use for sleeping purposes any non -habitable space. From last months minutes, Mr. Cappelli did mention that they are proposing to build a small addition in the rear of the building. Sketches submitted shows a vestibule, stairwell to connect two levels, and an apartment for the priest who now lives in the basement. He asked if this is a violation that has continued. Mr. Cappelli, Jr. stated since the last ZBA meeting, the priest and his family have taken an apartment in the Town of Hyde Park. Mr. Prager asked Mr. Close to notify Mr. Liebermann to re -inspect the premises. He wants Mr. Liebermann's opinion regarding an apartment in the church. Mr. Close said when he first started working for the Town in 1995, this was one of the first v.- inspections he was involved in. At that time, Mr. Keller and Mr. Liebermann requested them to make a step so they could get out the window. NNW Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 14, 1998 Page 6 Mr. Cappelli, Jr. stated the apartment will be part of the addition and all the partitions in the basement that presently house the apartment will be demolished. That area will be added to the meeting room. He stated he will amend the application to say they are requesting a side yard variance. The Board agreed a site inspection is not necessary. Mr. Warren made a motion for the ZBA to be lead Agency. Mr. diPierno seconded the motion. Vote: All present voted aye. Mr. Fanuele made a motion for a Neg. Dec. Mr. diPierno seconded the motion. Vote: All present voted aye. Mr. Prager set this project for a public hearing on April 28, 1998. 2. Goodwill Industries / Sign Language - To discuss Appeal No. 1249 which was granted approval for a 150 sq. ft. sign rather than 288 sq. ft. as requested. The Appellant has *NW requested to re -discuss this Appeal regarding an illuminated accent strip the length of the facia to be installed on property located on Route 9 (Wappinger Plaza) in the Town of Wappinger. Mr. Tom Walsh, Owner of Sign Language, was present. After much discussion, the Board unanimously agreed he could paint an accent strip the length of the facia, but it can not be lit. 3. Airport Assisted Living Facility - To discuss Appeal No. 98-7019 requesting four variances (front yard, rear yard, maximum building height, and maximum building coverage) for property located at 1915 Route 376. (Former Airport Inn Motel). Mr. Ed Loedy, Architect, and Mr. Azzy Reckess, property owner, were present. Mr. Prager said the applicant's write-up stating the reasons for the requested variances mentions an undue hardship, etc. Those reasons are for a use variance, not an area variance. Mr. Loedy stated he used the forms from the application package. Mr. Prager said that is why he wanted the form changed. ..► Mr. Loedy stated it has taken many years for Mr. Reckess to get approval from the State to allow the Inn to be converted into an assisted living facility for the elderly. About a year ago, they present it to the Planning Board. There were no allowances in the Ordinance for this kind of a Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 14,1998 Page 7 facility. They recommended to the Town Board unanimously to change the Ordinance to permit the facility. The Town Board voted on it favorably. They are now back before the Planning Board. The Board told them to come to the ZBA for area variances. He stated they are all minor and if the Board would grant them the variances, they would have an asset in the Town. No. 1 - front yard setback - 75 feet required - has 48 feet, thus a 27 -foot front yard setback is required. They are trying to design the building between an existing sewage disposal system. Once side is a leach field and the other side is the septic tank. That is the reason for the buildings unique shape. Most of the other surrounding properties on Route 376 are 33 feet back from the highway edge. No. 2 - rear yard setback - 30 feet required - 29.7 proposed, thus a 5 inch rear yard variance is required. To comply, they would have to move the existing building. No. 3 - building coverage - 25% is permitted - proposing 26%, thus they are requesting a 1% building coverage variance. He said the State has a formula that no matter how many rooms you have, there is a certain percentage of areas, such as recreation, dinning, etc., that is required. To meet those requirements, they came up with the floor plans and the areas that the Board has seen. They are I% over. If they were asked to give up the I%, they would have to give away 4 patients. They felt it is a hardship. He requested an interpretation regarding the tower, which is the 4' item. He said church towers and bell towers are exempt from the building height because they are deemed architectural features. The Planning Board, their consultants, and Mr. Close are in agreement that it does not have to meet the building height due to it being a decorative feature. Mr. Prager said they would have to present an application for an interpretation. They would have to get an interpretation from Mr. Close and then the Board would interpret it. Mr. Fanuele asked if there would be any rooms up there, or office space. Mr. Reckess said no. The tower exceeds the current standard by only a few inches. Mr. Loedy stated he calculated the building height to be 39 feet. They have 36 to the eve and 42 to the peak. The average would be 39. That is a typo that it is shown at 37 feet. Mr. Prager requested they should get in touch with Mr. Liebermann to find out how they feel about the tower. He wants a recommendation from the FPB. Mr. Reckess stated he is strapped for time. He asked if it is possible for them to grant the variance subject to the Fire Prevention's approval. Mrs. Nguyen stated the FPB just held their meeting. They will not meet again until May. Mr. Prager suggested the FPB could hold a special meeting. Mr. Fanuele said they should set the public hearing in the meantime so that it won't hold them up. He set the public hearing for April 28, 1998. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. Prager asked Mr. Close to talk to Mr. Liebermann regarding the tower. .nr Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 14, 1998 Page 8 Mr. Close asked about the fountain in the front of the property. He asked if it will be lit. Mr. Reckess stated it is a decorative fountain. It will be lit and water will run. Mr. Close said signs have to be back 25 feet from the road. There isn't supposed to be anything by the road distracting traffic. It may become an issue. Lighting would definitely be an issue. Mr. Fanuele stated if they plant landscaping there, it will help to break it up. Mr. Prager suggested setting the public hearing. Mr. Close would contact Mark and find out if it was discussed this evening and whether or not they have a problem with it. Mrs. Nguyen asked the Board why they would need a variance if everyone agrees that the tower is an architectural feature. She thought if it is an architectural feature, it doesn't have to meet the building height requirement. Mr. Prager felt the Fire Department should be involved in it. If it catches fire, and they have no way to put it out, he didn't want to be the one to say put it up there. Mrs. Nguyen asked if he agreed it is an architectural feature. Mr. Prager said he did not agree. Mr. Close asked the Board if they want more information regarding the fountain. Mr. Prager said yes. Mr. Warren made a motion for the ZBA to be Lead Agency. Mr. diPierno seconded the motion. Vote: All present voted aye. Mr. Fanuele made a motion for a Neg. Dec. Mr. Warren seconded the motion. Vote: All present voted aye. 4. Guardian Self -Storage - To discuss Appeal No. 98-7021 requesting 4 variances (Open Land, Building Coverage, Impervious Coverage, & Rear Lot Setback) to expand the existing self -storage units for property located on Route 9, 1/4 mile north of the intersection of Route 9 and New Hackensack Road in the Town of Wappinger. Also, to discuss Designation of Lead Agency in accordance with SEQR. Mr. Redl, property owner, was present. .rirr` Town of Wappinger Zoning Board of Appeals Summarized Minutes - April 14, 1998 Page 9 Mr. Redl stated his daughter, Kari, came before the Board several months ago for this project. Mrs. Nguyen explained that Mr. Redl is also before the Planning Board at this time. He is seeking site plan approval, special use permit approval and a lot line realignment. The Planning Board set him for an adjourned public hearing for May 4"'. So in the meantime, he is coming before the Zoning Board seeking 4 variances. After much discussion, Mr. Prager set the public hearing for April 28, 1998. He asked about the Planning Board's intent to be Lead Agency. Mrs. Nguyen explained the Planning Board has declared its intent to be Lead Agency. They would appreciate it if the ZBA Chairman would fill out the Designation of Lead Agency form. Mr. Prager signed the form stated the ZBA does not want to be Lead Agency. Mr. Fanuele made a motion for a Neg. Dec. Mr. Warren seconded the motion. Vote: All present voted aye. MISCELLANEOUS Mr. Prager stated he will not be present for the next meeting, April 28, 1998. Mr. diPierno made a motion for Mr. Fanuele to be Acting Chairman. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. diPierno made a motion to adjourn the meeting. Mr. Warren seconded the motion. Vote: All present voted aye. Meeting adjourned at 8:50 PM. Respectfully submitted, Linda Nguyen, Secretary Zoning Board of Appeals