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1999-09-28�P R0� D OCT 12 1999 MINUTES Town of Wappinger Zoning Board of Appeals September 28,1999 Summarized Minutes Members Present: Mr. Prager: Chairman Mr. Lehigh: Vice Chairman Mr. Fanuele: Member Others Present: Christina DiPaola: Secretary of Zoning Public Hearing '%- Discussions MINUTES SUMMARIZED John & Elizabeth Coleman Troy & Shontae Swain Hanndford Supermarket ..✓ Zoning Board of Appeals Summarized Minutes September 28,1999 pagel Mr. diPierno: Member Mr. Warren: Member Board Granted the Variance Board Granted the Variance Public Hearing October 26,1999 Minutes from September 14,1999 were approved by the Zoning Board of Appeals. Mr. Lehigh: Made a motion to grant Alpine their first Adjourn meeting and move it to October 12,1999 Mr. Warren: Second the motion. Vote: All present voted aye PUBLIC HEARING Appeal No. 99-7023 - At the request of John & Elizabeth Coleman, who are seeking an area variance Section 420.3 Schedule of Dimensional Regulations - Whereas a 50 foot side yard setback is required, the appellants are proposing a 15- foot side yard setback, thus requiring a 35 -foot side yard setback area variance in order to put a above ground pool in. They are also seeking an area variance of Section 420.3 - Schedule of Dimensional Regulations - Whereas a 25- foot side yard setback is required, the appellants are proposing a 19 - foot side yard setback, thus requiring 6 - foot side yard setback area variance in order to put a deck on with the pool on property located at 7 Peters Road as is identified as Tax Grid No. 6357-03-052038 in the Town of Wappinger. The Zoning Board of Appeals declared itself Lead Agency on August 24,1999. The +rr+' Zoning Board of Appeals Summarized Minutes September 28,1999 page 2 has not made a determination of significance pursuant to the State Environmental Quality Review Act and hereby reserves its right to make such determination after the conclusion of the public hearing. Mr. Lehigh: Made a motion to open the public hearing. Mr. diPierno Second the motion. Vote: All present voted aye. All the Mailings are in order. There was a Site Inspection done on September 1,1999. All members were there. Mr. Coleman: We can not meet the 50 feet setback from the rear yard because the property does not allow it. The side yard setback is 15 feet. All the neighbors next to us have a pool and we didn't think that it would be a problem. Mr. Prager: The pool is up now? How long has it been up? Mr. Coleman: It's been up for 12 years. Mr. Prager: What is the size of your property? Mrs. Coleman: The property size is a third of a acre. Mr. Prager: When did you purchase the property? Mrs. Coleman: We purchased the property in 1972. Mr. Prager: Did you put the pool up or did you have someone come and do it? Mr. Coleman: The pool was put up by Town and Country. Mr. Prager: You did not know that you needed a building permit? Mr. Coleman: No. Mr. Fanuele: The property is in a r-20 zone? Mr. Coleman: Yes. Mr. Prager: Is there anyone in the audience that has anything for or against this variance? Nobody would speak for or against the variance. Mr. Warren: Made a motion to close the public hearing. Mr. diPierno: Second the motion. Vote: All present voted aye. Mr. Fanuele: Made a motion to grant the variance. Mr. Lehigh: Second the Motion. Vote: All Present voted aye. Mr. Prager: The variance was granted and it will be filed within 5 days. Appeal No. 99-7026 - At the request of Shontae & Troy Swain, who are seeking an area variance of Section 420.3 - Schedule of Dimensional Regulations - Whereas a 25 - foot rear yard setback is required, the appellants are proposing a 13 - foot rear yard setback, thus requiring a 12 - foot rear yard setback area variance in order to put in a n above ground pool on property located at 10 Tuscarora Drive and is identified as Tax Grid No. 6157-03-468473 in the Town of Wappinger. The Zoning Board of Appeals declared itself Lead Agency on August 24,1999. The Zoning Board of Appeals has not made a determination of significance pursuant to the State ...r Zoning Board of Appeals Summarized Minutes September 28,1999 page 3 Environmental Quality Review Act and hereby reserves its right to make such determination after the conclusion of the public hearing. Mr. diPierno: Made a motion to open the public hearing. Mr. Warren: Second the motion. Vote: All present voted aye. All the mailings are in order. There was a Site Inspection on September 8,1999. All members were present. Mr. Swain: We are requesting a variance for a pool because our yard and lot isn't as big as it suppose to be. We want to be able to put the pool in the middle of our yard so it will not bother any of our neighbors around US. Mr. Prager: What is the size of the property? Mrs. Swain: Less than a third of an acre. Mr. Prager: When did you purchase the property? Mr. Coleman: We purchased the property in 1996. Mr. Prager: You didn't get a building permit, because you did not know you needed one? Mr. Coleman: That is correct. Mr. Prager: Who is putting the pool in? Mrs. Swain: American Pool Builders. We bought the pool from Namco and that is the contractor they use. Mr. Prager: You didn't know that you needed a building permit? Mrs. Coleman: No we did not know. Mr. Lehigh: Made a motion for a negative declaration. Mr. diPierno: Second the motion. Vote: All present voted aye. Mr. Prager: Is there anyone in the audience that is for or against this variance. Mary Racz 8 Tuscarora Drive Mrs. Racz: Is there going to be a fence? Will this pool be sturdy? Mr. Prager: Yes the pool will be sturdy. Darleen Phoenix 12 Tuscarora Drive Mrs. Phoenix: How close to the fence will they be to my property? Mr. Prager: It is 17 feet from your property line. Mr. Lehigh: Made a motion to close the public hearing. Mr. Fanuele: Second the motion. Vote: All present voted aye. Mr. Fanuele: Made a motion to grant the variance for Mr. and Mrs. Coleman. Mr. diPierno: Second the motion. Vote: All present voted aye. Mr. Lehigh: Made a motion for a negative declaration Mr. diPierno: Second the motion. Vote: All present voted aye. •rc The variance was granted and it will be filed in 5 days. The Swains will need a building permit for this. Zoning Board of Appeals Summarized Minutes September 28,1999 page 4 Mr. Fanuele: Made a motion to send a letter to the Town Board requesting a review of setbacks of auxiliary buildings. It is difficult to make setbacks on small lots. Mr. Warren: Second that motion. Vote: All present voted aye. DISCUSSIONS 1. Hannaford Supermarket Appeal Nos. 99-7031, 99-7032, 99-7033, seeking area variances for parking, signs, and rear setback for supermarket. Mr. Fredricks, Mr. Winglovitz, and Mr. Reily is here to represent Hannaford. Mr. Fredricks: If I can just for a minute give you a brief overview of Hannaford. What Hannaford is proposing is have the Waldbaums and Rite Aid space in the Wappinger Plaza, actually increase the square footage of those two existing building. It will be about 55,000 square feet. What we wanted to do tonight is discuss the requested variances. Mr. Lehigh: Are you going to knock this building down? Mr. Fredricks: Yes we are going to knock it down and rebuild it. The existing building is the dotted line on the map. The dark line is the extension. Mr. Lehigh: How much are you cutting down on the driveway? Mr. Winglovitz: Right now it is 50 feet. Mr. Lehigh: The reason I am asking that question is, the fact is that Dutchess Community College uses that parking lot as an exit. There is a lot of traffic through there. I feel they should not be allowed to use this, they have a way to get in and out of there. There is a light they can come out of. I would like to see that made one way in or something. Mr. Fredricks: They have a deeded easement for the right of way. There really isn't anything that we can do, expect for what we are planning to do. We want to direct the traffic more than it is now. Right now when you go in there you can take a wide swap as to what direction you want to go. By narrowing this and marking it more clearly with curbing and striping we are going to try to direct traffic more. We have a plan that has the shading as to what the traffic pattern is like. Mr. Lehigh: I am very interested in this, I am in there all the time. When you come in there the people in there do not stop. Mr. Fredricks: This shows the traffic flow around the building. There will be a pedistrian walkway. It will hopefully have the effect on slowing people down. Mr. Lehigh: You are going to have trucks in here you might have a lot more traffic. Mr. Fredrick: It will be less convient once we are operating in this location for people to use. Hopefully that will encourage people to use the light. There is nothing that we can do to prevent that from happening. Mr. Prager: Can you get along with a smaller store? Mr. Fredricks: No we feel that will jeopardize the offering that we will be able to make to the customers and ,.r due to the intense competition in the area. Mr. Lehigh: What is the overall expansion? • - NOW 1 ...r' Zoning Board of Appeals Summarized Minutes September 28,1999 page 5 Mr. Fredrick: It is a additional 14,000 and change. Almost 15,000 square feet. That includes the existing Rite Aid. Mr. Lehigh: Have you been before the Planning Board with this? Mr. Fredricks: Yes we have. I believe they referred this to the ZBA with a recommendation in favor of variances. Mr. Prager: I would like Christina to get some comments from the Planning Board. Mr. Lehigh: Is it better to tear it all down then rebuild it or leave it the way it is? Mr. Fredricks: Its cheaper to tear it down, and the building is old. Mr. Prager: Ok that takes care of the size. Lets now move on to the parking variance. Mr. Prager: What are the sizes of the parking spaces now? Mr. Winglovitz: They are 9 by 18. We are looking to maintain that consistely. Mr. Prager: You are saying that there is no l Ox 20 parking spaces? Mr. Fredricks: No. Mr. Lehigh: You have one crosswalk across the driveway, I think you should put another one in. When your business increases you can definally use this parking lot. This is for the safely for the public you can add in another crosswalk. I hope you are going to fix the driveway. Mr. Fredricks: I talk to the owner of the building he said he is leaving the pot holes there, so it can slow people down coming through there. We will be repaving the whole driveway. Mr. Lehigh: The reason the parking lot is in that shape that it is, is because of the drainage in that area it is not that great. Mr. Fredricks : Mr. Prager do you want to see the prior variance. Mr. Prager: You can give it to Christina and she can make copies and then give them to us. Mr. Fredricks: We have parking space size and a parking space number variance. We are going to increase the number of spaces by 7. Mr. Lehigh: There is a total of 655 spaces would that include the 7 spaces? M r. Fredrick: We will have a total of 655 spaces in the center when we are done. Right now there are 648 spaces. Mr. Winglovitz: With the additional square footage the code will require 873 we will provide 655 spaces. Mr. Fanuele: How many of those space will be behind the building? Mr. Fredricks: The is about 80 spaces in the rear. Mr. Lehigh: How many spaces are you not going to have? Mr. Fredricks: 218 spaces we will not have. Mr. Fanuele: Do you feel that you can get by this section where the parking is on the side and the front. Mr. Fredricks: Yes we do. The spaces in the back will be used for our associates. Mr. Prager: I can tell you right now that Hollowbrook will be the ones to use those spaces. Mr. Fredricks: It will be our preference to have more parking spaces but the lot is only as big as it is. We feel that this is a workable configuration. Mr. Lehigh: Most people are not in the supermarket for more than an hour. Mr. diPierno: Supermarkets have a different problem than most strictures because people are always coming and going. Mr. Fredricks: When we were talking about the size of the building, we didn't specifically note the rear setbacks. The request we are asking for is 30 feet rear yard setback, I know that there is a requirement for a 50 feet rear yard setback. In the left hand rear corner we are requesting a variance for 30 feet setback. Mr. Prager: I did notice that. I am glad that you mention that. Is there any way you can cut that corner a little more? NNW Zoning Board of Appeal Summarized Minutes September 28,1999 page 6 Mr. Fredricks: As you can see we shaved off the corner of the building as it is. The way we design a supermarket is from the inside out. There is another plan if you would like to see it. Mr. diPiemo: No, that is ok. Mr. Prager: The island that is north of the commercial building will that be gone? Mr. Fredricks: That is correct. Mr. Prager: Who controls that? Mr. Fredricks: The owner of the building does. Mr. Prager: You have all of that. Mr. Fredricks: Yes, the owner reviewed the plans and he authorized it. Mr. Lehigh: Will you be putting a stop sign on that one exit? Mr. Fredricks: There is one shown on the plans. Mr. Lehigh: There is going to be any other entrance to the building besides the front? Mr. Fredricks: No. Mr. Prager: Will the one story commercial building lose all their parking spaces on the north side? Mr. Fredricks: No, there will still be some spaces and they will also gain some spaces. Mr. Winglovitz: We didn't get to mention this earlier, we are leasing an area of the center of Wappinger Plaza. We will just be tenants there. We will not own that building. Appeal No. 99-7033 Variance for signage �.► Mr. Fredricks: We are proposing a signage that is portioned to the size of the building. That is our starting point. We are open to any input that the Board has. Mr. Prager: I think you better think about the size of the sign. It is 285 %, then you will be changing the Zoning Law and we will not do that. Mr. Lehigh: Will you also have a sign on the side of the building? Mr. Prager: Which is also a high percentage. Mr. Fredricks: What do you think might be a reasonable size for the signage? It is a large building and if we put a small sign on the building it would look disportional. I understand the Board concern for the sign. Mr. Prager: The logo on it is that consider into your square footage? Mr. Winglovitz: Yes it is. Mr. Fredricks: Goodwill received a variance for their sign. Mr. Prager: We did give a small portion. We will have to have Christina look that up and also find out the size for Waldbaums. Find out the size on the side of Waldbaums. Lets find out the dimensions and we will take it from there. I understand your reasons, but when you get that big you are changing the Zoning Laws. Mr. Fredricks: We will work with the Board and come up with a solution. Mr. Prager: You say that there was a letter from the Planning Board in favor of the variances. Which variance is that for? Mr. Fredricks: All of them. Just to let you know that the Planning Board is Lead Agency. Mr. Lehigh: Made a motion to have a public hearing on October 26,1999. Mr. diPiemo: Second the motion. Vote: All present voted aye. wv Mr. Lehigh: Made a motion to adjourn the meeting. Mr. diPiemo: Second the motion. *0101 Vote: All present voted aye. MEETING ADJOURNED AT: 8:15 p.m. Zoning Board of Appeals Summarized Minutes September 28,1999 page 7 Respectfully yours, C � p,Puck Christina DiPaola Secretary to Zoning Board of Appeals