1999-07-13300000:
Town of Wappinger Zoning Board of Appeals
July 13, 1999
Summarized Minutes
Members Present
Mr. Prager: Chairman
Mr. Fanuele: Member
Members Absent
MINUTES
MINUTES
APPROVED
AUG 10 1999
Town Hall
20 Middlebush Road
Wappingers Falls, NY
Mr. Warren: Member
Mr. Lehigh: Vice Chairman Mr. diPierno: Member
Others Present
Mr. Liebermann, Acting Zoning Administrator
Mr. Foody, Building Inspector
Minutes to be approved
*Am -
Discussions:
SUMMARIZED
June 8, 1999
Astor Head Start Center
Colleen & Dean DiPietro
Curtis & Krystyna Ginader
Alpine Commons Subdivision
Milo
- Accepted
- Rescheduled for July 27, 1999
- Set Joint Public Hearing for July 27, 1999
- Set Public Hearing for July 27, 1999
- Set Joint Public Hearing for Aug. 10, 1999
MINUTES
Mr. Warren made a motion to accept the June 8, 1999, minutes.
Mr. Fanuele seconded the motion.
Vote: All present voted aye.
DISCUSSIONS
1. Astor Head Start Center -To discuss Application No. 99-7010 seeking an area variance on property
located at 144 Myers Corners Road in the Town of Wappinger. (Rescheduled from the May 25`h agenda.)
Mr. Jon Adams, Esq. was present.
'41OW
MINUTES
AWPFRO ED
AUG 10 1999
VOW
Zoning Board of Appeals
Summarized Minutes - July 13, 1999
Page 2
Mr. Adams, Esq. stated he sent in a letter requesting this item to be rescheduled.
Mr. Prager rescheduled this project for the July 27, 1999 meeting.
Colleen & Dean DiPietro - To discuss Application Nos. 99-7018 & 99-7019 seeking an interpretation due
to an oddly shaped lot and if necessary, a variance for an accessory structure (pool) proposed in the front
yard of property located at 32 Amherst Lane in the Town of Wappinger.
Mr. & Mrs. DiPietro were present.
Mr. DiPietro stated his lot is oddly shaped and the Town Law states no accessory structure can be put in the
front yard. He asked the Board to determine where is his front yard. He presented photos to the Board. He
explained they can not move the (above -ground) pool back due to the septic system.
Mr. Foody, Building Inspector, stated he had been to the site. He felt the applicants do not have much
choice as to where they can put the pool.
After much discussion, Mr. Prager set a site inspection for Thursday, July 15, 1999, at 6:00 PM. A
joint public hearing for an interpretation and if necessary an area variance was set for July 27`h. He
informed the applicants that two of the Board Members would probably be on vacation July 27`h. If
that is the case, they would need the remaining three members to vote in favor in order for a motion
to be passed.
Curtis & Krystyna Ginader - To discuss Application No. 99-7020 seeking a side yard variance for an
existing shed located at 13 Mina Drive in the Town of Wappinger.
Mr. Ginader was present.
Mr. Ginader explained he has an existing shed that currently sits 3 1/2 feet away from the property line. He
came before the Board in May requesting to leave the shed at its present location. That variance request was
denied. During the process it seemed a 5 foot variance would be allowable. That would require him to
move the shed about 2 feet from its present location. That is why he has submitted a new application
requesting a 5 foot variance for a 10 foot setback. He stated he has about a 1/3 of an acre.
Mr. Prager stated a site inspection was already held. He set the public hearing for July 27`h. He
informed the applicants that two of the Board Members would probably be on vacation July 27`h. If
that is the case, they would need the remaining three members to vote in favor in order for a motion
to be passed.
4. Alpine Commons Subdivision - To discuss Application Nos. 99-7021 & 99-7022 seeking an interpretation
and if necessary, a variance for property located on Route 9 in the Town of Wappinger.
Mr. Kellogg, partner with Alpine Company of Poughkeepsie, Mr. Adams, Esq. and Mr. Kuracina, Esq. were
present.
MINUTES Zoning Board of Appeals
APPROVED Summarized Minutes - July 13, 1999
AUG 10 1999 Page 3
Mr. Kellogg asked the Board for an appeal on a determination that Mr. Liebermann had made a few weeks
ago regarding a subdivision they applied to the Planning Board for. He stated most of the property is zoned
Shopping Center except for a small piece on Route 9 that is zoned Highway Design. He stated this has
nothing to do with the rezone petition along Old Hopewell Road. The rezone petition was requested so they
could undertake further development of the site. In order to undertake further development they need to
separate the existing shopping center parcel and isolate that to be in conformance with their financing and
with BJ's and Stop & Shop's leases. They sectioned out a 10.6 acre parcel which is made up of 7.85 acres
zoned Shopping Center and 2.75 zoned Highway Design. The Highway Design piece was a pre-existing
condition when they bought the 15 acre parcel from Jim Klien and Dave Alexander. Now they would like to
proceed with development and what they envision is extending some buildings going south of BJ's with
access off Route 9 and eventually Old Hopewell Road. He stated they are looking at possibly 3 to 5 big
retail stores. He stated they previously discussed their ideas with the Planning Board. At that time the
Town professionals brought up the issue of the zoning line separating the proposed parcel into two distinct
lots. That is why Mr. Liebermann rendered a determination.
Mr. Kuracina, Esq. believed Mr. Liebermann's determination was in reference to Section 330 of the Zoning
Law. It basically states each portion of the lot has to comply with the regulations of the district in which it
is located.
Mr. Kellogg stated when they approved the rezoning they put a condition on the entire site that they are
Iftw restricted to less square footage than you would normally be allowed. There is a cap of about 800,000 sq. ft.
on the whole site where if you went by the Zoning Code they could build 1.4 million. However, they agreed
to that condition.
Mr. Kuracina, Esq. stated whatever the district that the particular development is in would have to comply
with the requirements.
Mr. Kellogg stated they have a unique situation where a zoning line is separating two commercial districts.
He tried to clarify that once they acquire title to the parcels which was part of the rezone, they have to
consolidate those six parcels into one tax parcel. What they would end up with is a 76 acre parcel, a 10.6
acre parcel, and a 17 acre parcel. He stated they have not submitted a site plan application as of this date.
He said it all goes back to Stop & Shop and BJ's. They insist the existing shopping center be isolated and
separate from everything else. He clarified the 86 acre parcel was zoned Shopping Center for years except
for a small parcel on Route 9. In January of 1999, they had under contract almost 18 acres and that is what
the Town Board rezoned. It had nothing to do with the shopping center. He explained the area in blue on
the map presented is what they want to separate out by subdividing. They need to subdivide it out because
the leases for Stop & Shop and BJ's require that.
Mr. Prager wanted to make sure the property would remain a retail use.
Mr. Kellogg said yes. He stated they asked for an appeal of Mr. Liebermann's determination.
MINUTES 1"r'`
APPROVED Zoning Board of Appeals
AUG 101999 Summarized Minutes - July 13, 1999
Page 4
Mr. Prager said if the Board agrees with Mr. Liebermann's determination, the Board will simultaneously
decide upon an area variance.
Mr. Warren made a motion for the ZBA to be Lead Agency.
Mr. Fanuele seconded the motion.
Vote: All present voted aye.
Mr. Prager set a joint public hearing for August 10, 1999.
Mr. Kellogg stated he will submit an aerial photo for the Board and Mr. Adams, Esq. will draft the legal
notice.
Mr. Warren made a motion to adjourn the meeting.
Mr. Fanuele 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