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1999-10-26 MINUTES APPROVED NaV 24 1999 Zoning Board of Appeals Summarized Minutes October 26,1999 page 1 '-' MINUTES Town of Wappinger Zoning Board of Appeals Meeting Date: October 26,1999 Time: 7:30 p.m. Members Present: Mr. Lehigh, Vice Chairman Mr. Fanuele, Member Mr. Warren, Member Mr. diPiemo, Members Members Absent: Mr. Prager, Chairman Others Present: Christina DiPaola, Secretary to Zoning SUMMARIZED MINUTES ..... Public hearing Hannaford Supermarket - Variances granted for Appeal Nos. 99-7031 & 99-7032 John & Claire Minunni - Variances granted Discussions John & Christine Durr - come to Nov. 9 meeting as a discussion Mr. Fanuele: Made a motion the approve the October 12,1999 minutes. Mr. diPiemo: Second the motion. All present voted aye. Mr. Warren: Made a motion to open the Public Hearing. Mr. diPiemo: Second the motion. All present voted aye. Peter Friedrichs and Ross Winglovitz are present here for Hannaford. '- "'-" Zoning Board of Appeals Summarized Minutes October 26,1999 page 2 Public Hearine Appeal No. 99-7031 & 99-7032 at the request of Hannaford Supermarket seeking an area variance of Article IV, Section 410.12.6.14,420.4, and 470.32.1 of the Zoning Law of the Town of Wappinger. To consider the following area variances: Appeal No. 99-7031. 99-7032. - At the request of Hannaford Supermarket, who is seeking four (4) variances of Article IV, Section 420.4, (rear yard setback) and 470.3.2.1 ( Standard parking spaces): 1. Appeal No. 99-7031 -Whereas 50 feet rear yard setback is required, the appellants are proposing 30 feet rear yard setback, thus requestine 20 feet rear yard setback. Whereas 20% building coverage is required, the appellants are proposing 21.3 % building coverage, thus requestine 1.3 % buildine coveraee. 2. Appeal No. 99-7032 - Whereas 10 feet by 20 feet in length is required, the appellants are proposing 9 feet wide by 18 feet in length, thus requestine 1 foot wide by 2 feet in leneth.: and Whereas total site requires 873 parking spaces, the appellants are proposing a 7 space increase in parking from existing conditions, thus requestine 218 space variance. A total of 655 spaces, a 5 space increase from the existing 648 spaces. The property is located on Route 9 approximately 165 feet north of Myers Comers Road and is identified as Tax __ Grid No. 6157-02-653974 in the Town of Wappinger. The Zoning Board of Appeals has not made a determination of significance pursuant to the State Environmental Quality Review Act and hereby reserves the right to make such determination after the conclusion of the public hearing. The tape was not working, so most of the first part of the public hearing is not in here. There are only notes from the first variance. Mr. Freidrich: I would just like to say that I did sent a letter stating that the variance for the signage, be put off for another time. Appeal No. 99-7031 building coverage and setbacks. Mr. diPiemo: What is going to be in the comer of the store? Mr. Freidrichs: Dairy units are in that comer. Mr. Lehigh: This Variance does not have a impact on there neighbors. Is there anyone in the public that would like to speak for or against this variance. No one spoke for or against this variance. Mr. Lehigh: Does the Board have anymore comments. The Board did not have anymore comments. Mr. diPierno: Made a motion the grant to variance. '-" Mr. Warren: Second the motion. Roll Call: Mr. Lehigh: aye Mr. Warren: aye Mr. Fanuele: aye Mr. diPiemo: aye "- Zoning Board of Appeals Summarized Minutes October 26,1999 page 3 Mr. Lehigh: On this 99-7032 we are narrowing it by a foot and 2 feet in length, for each parking space. Is that right? Mr. Friedrichs: That is correct. Mr. Lehigh: You are going to have 218 spaces less then we you are required? Mr. Freidrichs: That is correct. We are actually going to have a slight increase in the total number of spaces in the center, but due to the fact that we are increasing the size of the building in the center by greater portion. Mr. Fanuele: The size of the spaces now is what you are asking? Mr. Freidrichs: That is correct. Mr. Fanuele: So you are asking for 7 additional ones that will be the same size as the ones that are there? Mr. Freidrichs: It is not that directly, because we are going to reconfigure the layout some of the existing spaces. We want the newly painted spaces to match what is already there. Mr. diPierno: Your not asking for nothing more then what is there? Mr. Freidrichs: Right. Mr. Lehigh: Is there anyone in the public that has any comments that is for or against this variance? There was no one in the public that spoke for or against this variance. Mr. Fanuele: Do you feel you will have enough spaces for the size of the building you want? Mr. Freidrichs: We are conformable that the customers will be able to find parking in this layout both on the side and the front. Mr. Winglovitz: There is about 280 spaces in the front and the side of the building. It will have direct access to the doors. ...... Mr. diPierno: Are there any statics in the industry that say about how much time a customer spends in the store? Mr. Freidrichs: I do not have that information with me, I do have some information from industry standard. A couple of thing that we got since the last meeting. It talked about suggested guidelines per number of shopping spaces in a shopping center. I have copies of those if you are interested but they both conclude that 4 spaces for every 1,000 feet ratio. I have both ITE and ULI. Mr. Winglovitz: They have ratios of 1 for 225 feet one for 250, it think we are at 1 for 187 square feet. So we are in better shape then the ratio. Mr. diPierno: The turn over is pretty fast. Mr. Freidrichs: That is correct. Mr. Lehigh: I need a motion to close the public hearing. Mr. diPierno: Made a motion to close the public hearing. Mr. Warren: Second the motion. All present voted aye. Mr. Steve Reaily: Attorney for Hannaford. I do not think the public hearing for 99-7032 was ever opened. Mr. diPierno: Made a motion to open the public hearing. Mr. Fanuele: Second the motion. All present voted aye. Mr. Lehigh: Make a motion to reclose the public hearing. Mr. diPierno: Made a motion to reclose the public hearing. Mr. Warren: Second the motion. ....... All present voted aye. Mr. diPierno: Made a motion to grant the variance. ..... Zoning Board of Appeals Summarized Minutes October 26,1999 page 4 Mr. Warren: Second the motion. Roll Call: Mr. Lehigh, aye Mr. Fanuele, aye Mr. Warren, Mr. diPierno, aye aye Mr. Lehigh: I would like to just say that I have a letter from EAF and I also have a letter from the Planning Board stating that they recommend that the Zoning Board of Appeals grant the variance. I would like to add that the variance will not be any undesirable change in the neighborhood. There is not an alternative methods, the requested variance is not substantial it is taking over the same foot print. The variance will not cause adverse physical or environmental conditions of the neighborhood. Are you going to notify us when you are going to come back for the signage variance. Mr. Freidrichs: That is right. We will do that. Mr. Winglovitz: Do we need to come back in front of the Board as a set public hearing or would we come back would it be a direct public hearing? Mr. Lehigh: We should have a work shop on it. You can tell us what you want and how you want it. Mr. Freidrichs: Ok. One of the reasons that I wanted to delay that is because we wanted to look at signage as a intregraded whole which would include pylon signs and we want to address all of the signage once. Mr. Lehigh: You defiantly have to change it and maybe start all over. Mr. Freidrichs: Ok thank you very much. .... Appeal No. 99-7034 - At the request of Claire & John Minunni, who is seeking an area variance of Article VI, Section 240-37 District Regulations - Whereas a 20 foot side yard setback is required, the appellants are proposing a 15 foot side yard setback, thus requirine a 5 foot side yard setback variance in order to covert a car port into a eara~e on property located at 12 Sucich Place and is identified as Tax Grid No. 6157-02- 869548 in the Town of Wappinger. The Zoning Board of Appeals has not made a determination of significance determination after the conclusion of the public hearing. All the mailings are in order. Mr. diPierno: Made a motion to open the public hearing. Mr. Warren: Second the motion. All Present voted aye. ...... There was a site inspection on October 16, 1999. Mr. Minunni: The existing structure and the new structure that we want to build is only actually 2 feet more than the existing structure. All we want to do is covert the car port into a garage and this will be 2 feet more then what it is now. Mr. Lehigh: You still need it for that one comer. It was just one comer? Mr. Minunni: Right. The back side. It is a pie shape property. Mr. Lehigh: Is there anyone that has any comments? Mr. Fanuele: The only part that requires 5 feet is the front part. Mrs. Minunni: Right. '-- Zoning Board of Appeals Summarized Minutes October 26,1999 page 5 Mr. Fanuele: A question came up for the setback to the garage from the house. Mr. Minunni: We are going to set it back to 2 feet to minimize the variance. Mr. Lehigh: I would like to open this to the public. There was no one to speak for or against the variance. Mr. Fanuele: Made a motion to close the public hearing. Mr. diPiemo: Second the motion. All present voted aye. Mr. Fanuele: Made a motion for a negative declaration. Mr. Warren: Second the motion. All present voted aye. Mr. Fanuele: Made a motion to grant the variance. Mr. diPiemo: Second the motion. Roll Call: Mr. Lehigh, aye Mr. Fanuele, aye Mr. Warren, Mr. diPiemo, aye aye Mr. Lehigh: Your variance has been granted it will be filed within 5 days. ........ DISCUSSION 1. John & Christine Durr To discuss Appeal No. 99-7035, seeking an area variance for lot area. Property is located at 56 Robert Lane in the Town of Wappinger. Mr. Ellision: My sister was looking for a mother - daughter house, for my parents to live with her. Unfortunately she bought a house that was advertise as a two family house, when we went to go look at it, it was a full downstairs apartment and a 1 car garage. We wanted to do was close in the garage so we can make that an entrance for my parents. I did get in touch with Paul Foody he said it was all doable, and as long as we follow the codes. Then we came to found out that it was not really legal apartment and we did not realize at the time that we do not have a range it does not have to be a accessory apartment. This just escalated each step of the way. We did go to the Planning Board we had the public hearing and when they found out that they have ta over look that we needed 20,000 square feet in order to have an accessory apartment. We only have about 15,000 square feet. The apartment already exist, so what we would like to close the garage, so my parents would have there own entrance. Mr. Fanuele: What is the zone for your resident? I think it is r-15. Every property needs a variance far the same thing. Mr. Lehigh: Legally that is the way it goes. Mr.Ellision: One thing that we had to prove is that the driveway is big enough for more than 2 cars. I have the pictures that proves that it is. The driveway is pretty big. .... Mr. diPiemo: How long have you owned the house? Mrs. Durr: I just bought it on July 1,1999. Mr. Ellision: With our investigation we found out that this is not a legal mother - daughter house. "'-' Zoning Board of Appeals Summarized Minutes October 26,1999 page 6 Mr. Fanuele: Did you buy it from a real estate agency? Mrs. Durr: Yes from one real estate through another. Mr. Fanuele: Then the argument is with the real estate. Mr. Ellison Oh yea I agree. Mrs. Durr: Oh believe me they have heard from me. Mr. Ellision: I understand that we can not blame anyone for that. Mrs. Durr: I called the real estate agency and they told me that they just advertise it as a mother daughter house does not mean it is. That is what they told me. Mr. diPierno: Who is the real estate agency? Mrs. Durr: Wichert to Wichert. Mr. Ellision: We have try to due as much homework ahead time. Mr. Fanuele: We would look like the bad guys, we would ignite it and that is not a good position to get in. Mrs. Ellision: Can I say something. We called the Town to verify ifthere is going to be a problem. They told me no, so I gave them the address and everything. When we first started the proceeding with the Planning Board I spent hours at the Town, talk to the girl prior to Christina. They could not even find 20,000 square foot was not in there. That appear after the proceedings, they apologies at the last meeting. Afterward it did show up the lawyer found it. Mr. Ellision: All of the forms that we filled out for the zoning does not have the current 20,000 square foot. Mrs. Ellision: We even have a copy that they gave us and it was not in there. Mr. Ellision: This was the end of July. ....... Mr. diPierno: Who did you speak to at the Town? Mrs. Ellision: We spoke to Linda. Mr. Fanuele: on page 115 440.4.2.1 lot size, area lot size shall be 3,000 square feet. Mr. Ellision: I understand, that is new Mr. Fanuele: That is in the Zoning Ordinance it was amended on November 1996. Mrs. Ellision: I went in 2 weeks ago to pick up copies of some of the paper work, I took another copy, a current copy that you are handing out now and you do not have that page in there you have the old page in there. Mr. Lehigh: We do not deal with accessory apartments. That the Planning Board does. Mrs. Ellision: So they have incorrect information right now anyone who applies will be told 15,000 square feet. Mr. Lehigh: If they look at the Ordinance it is in the Ordinance. Mr. Ellision: I do not doubt that. What more can we really do expect go to the Town and ask the Town to go to the building inspector, because we are going to have to apply for a building permit. That is really tough. Mr. diPierno: How old is the house? Mrs. Ellision: It is about 32 or 36 years old. Mr. diPierno: What about the accessory apartment? Mr. Ellision: What we found out afterwards, is that you do not consider it an accessory apartment eventhough there is people living down there. We went downstairs to look at it before we bought it and you see everything down there. We assume that it was a legal apartment. Mr. Lehigh: Here it you have to rent it to a relative not a friend or anything. Mr. Ellision: You do not classify it as a accessory apartment unless it has a range. Mr. Lehigh: No matter what you can only rent it to a relative. The minute the relative moves out that becomes a 1 family house. '-" Mrs. Durr: Mr. Roberts had told me that we had to do that. I am in touch with an attorney in Wappinger that is doing all that for me. It does state I can only have a relative in there and iflleave or they leave it has to go back to a 1 family. They have explain all that. ...... Zoning Board of Appeals Summarized Minutes October 26,1999 page 7 Mr. Fanuele: What I have followed is that every lot in the area needs a variance for it then it is a building issue. These you have to go to the Town Board and request that the minimum lot size be changed. Mr. Lehigh: I can call the Town Attorney and get some information on it. Mrs. Ellision: Did you get a letter from the Planning Board at all. Mr. Ellision: We went to the Planning Board about 3 weeks ago. Mrs. Ellision: They felt terrible at the end when they realize what has happened. Mr. Fanuele: I feel terrible too but the argument is with the real estate agency. Mrs. Durr: When I spoke to an attorney they told me do you want to put a $ 1,000 for this, and you have to pay me hourly for this. Mr. Ellision: Going after the real estate does not help us. My understanding was that the Planning Board said that you guys have the authority to grant us the variance. Mr. Fanuele: If every piece property require the same variance, then the zoning changes. Mr. Lehigh: We vary the law, we do not make the law. If everyone has a 15,000 square foot piece of property and we give you an accessory apartment, it means everybody with 15,000 square feet we are breaking the rules. That means you can have it and everyone else can have it too. That in effect we are making the law in the Town of Wappinger, we can not do that. We do not have the power to do that. Mr. Ellision: I understand that but we have to get an variance from the Planning Board just for an accessory apartment. Mr. Lehigh: The Planning Board can not grant you a variance. Mr. Ellision: I'm sorry, we had to get an ok from them. Even people with 15,000 square foot property they ...... still have to go in front the Planning Board to get approval for the same type of set up and they have to you folks again? Mr. Lehigh: For this type of set up right here legal what should happen the Town Board should change the Zoning Ordinance so it says 15,000 instead of20,000. I will have to call the Town Attorney I do not think we can do it, unless the Town Attorney tells me something different. Mr. Ellision: They are the ones who told us to take it in front of you. Mr. Lehigh: What I suggest is that we postpone this until the next meeting. So I can find out some information, we will take this as a discussion again. I will found out some information and you can call the office and find out. Mrs. Ellision: The Planning Board did not give us the correct information and they did not have it filed in their own books, the attorney had found it. When they finished the meeting, they said we do not want these people to come back can we just send them to the Zoning Board and if it is granted then they will be able to proceed with the work. We were led to believe that once you said ok. Mr. diPierno: I think you have a different situation here. Mrs. Ellision: This is unusual. Mr. diPierno: We are not talking about rezoning the entire town because you already have that apartment existing in your house. That is a different situation then telling everybody in subdivision we have 15,000 square feet so you can have an accessory apartment and everybody has to go do it. Mr. Fanuele: They do not have a accessory apartment. Mr. diPierno: Technically they don't, but it is there. Mr. Fanuele: If they have an accessory apartment, then what they bought is an illegal one. The situation here is they do not have one and they are looking to get permission to put on in. ........ Mr. Ellision: If you bare with me for a second, if we do not put a range in and my parents live there and that makes no sense to me and that makes it legal. Mr. Lehigh: I can not break the laws in the Town. . . . " Zoning Board of Appeals Summarized Minutes October 26,1999 page 8 ..... Mrs. Ellision: What do we have to do now at this point. Mr. Lehigh: Why don't you give us a week and I will call the Town Attorney. Let me see what he says. I will let Christina know what is going on. Mr. Ellision: I know that you have to follow the law. Mr. Lehigh: If we gave it to you, and then someone next door article 78 it just throws it right out. It is just not right. Mr. diPierno: Made a motion to adjourn the meeting. Mr. Warren: Second the motion. All present voted aye. Meeting Ended 8:20 p.m. ....... Respectfully Submitted, OvtG!;t(.~-- Oi fl~'/e... Christina DiPaola, Secretary Zoning Board of Appeals ......