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1999-02-23MINUTES Town of Wappinger Zoning Board of Appeals February 23, 1999 Minutes Members Present Town Hall 20 Middlebush Road Wappingers Falls, NY ,"go, Mr. Prager: Chairman Mr. Fanuele: Member Mr. diPierno: Member Mr. Warren: Member Member Absent Mr. Lehigh: Vice Chairman+ Others Present Mr. Liebermann, Acting Zoning Administrator Mr. Close, Consultant to the Building Dept. Mrs. Nguyen, Secretary to the Zoning Board of Appeals X(I AP SUMMARIZED Minutes to be approved: November 24, 1998 & February 9, 1999 -- Approved Public Hearing: Eckerd Retail Drug Store -- Granted with conditions Discussion: Modu-Craft Homes, Inc. -- Set Public Hearing for March 9, 1999 MINUTES Mr. diPierno made a motion to approve the November 24, 1998, minutes. Mr. Fanuele seconded the motion. Vote: All present voted aye except Mr. Prager since he was not at that meeting. Mr. Warren made a motion to approve the February 9, 1999, minutes. Mr. Fanuele seconded the motion. Vote: All present voted aye except Mr. diPierno since he was not at that meeting. ►moi PUBLIC HEARING Zoning Board oAppeals Town of Wappinger Summarized Minutes - February 23, 1999 Page 2 Appeal No. 99-7000 - At the request of Eckerd Retail Drug Store, who is seeking an area variance of Article IV, Section 410.4.3 (which requires corner lots to provide a yard equivalent to the front yard on the side) and Section 420.4, which provides that the front setback is 75 feet from a State or County road. The applicant is proposing a yard of 54.5 feet, thus requiring a 20.5 foot side yard setback variance in order to construct a drug store on property located on the corner of Route 9 and New Hackensack Road and is identified as Tax Grid Nos. 19-6158-04-550285/556293/546277/537298/540288/555308-00 (Town of Wappinger) and 29-6158- 15-538265/538274-00 (Village of Wappingers Falls). Ms. Van Tuyl, Esq. and Mr. DePuy, PE, were present. Mrs. Nguyen stated all of the mailings were in order. Mr. Warren made a motion to open the public hearing. Mr. Fanuele seconded the motion. Vote: All present voted aye. Mr. DePuy, PE, explained the original layout for the drug store met the required setbacks. However, due to future road taking the Planning Board and some of the other regulatory agencies requested Eckerd to shift the building back. This way in the future there will be room for a possible third lane, a bike path, and sidewalk. He stated the Planning Board sent a letter of recommendation to the Zoning Board. Mr. Prager asked if anyone in the audience wanted to speak for or against the variance. Hearing none, he asked if the Board had any comments. Mr. Fanuele thought Eckerd needs a variance for the canopy and the whole side of the building, not just the corner. The canopy is about 40 feet from the edge of the property. Ms. Van Tuyl, Esq. stated they will submit another application for the canopy. As for the setback variance for the building, she assumed it would apply to the whole length of the building. Mr. Fanuele questioned the number of required parking spaces. Mr. DePuy, PE, said the Zoning Ordinance requires them to have more parking than what is shown on the plans. However, they accommodated Eckerd's requirements and created parking spaces (green spaces) to be developed at a later date if necessary. They do not feel they are necessary at this time. Ms. Van Tuyl, Esq. stated the Town Planner is requiring Eckerd to do the grading now. With regard to the canopy variance that will be required, she asked the Board to consider the meeting tonight to be the discussion so a public hearing could be set for the next meeting. *#Iw- Mr. Prager agreed. WAW lM 1.r►" Zoning Board of Appeals Town of Wappinger Summarized Minutes - February 23, 1999 Page 3 Mr. Fanuele said the corner will become quite congested due to cars going in and out of the site. His personal opinion was that he does not want to be part of a variance that will create a problem on the corner of Route 9 and New Hackensack Rd. He suggested Eckerd could change the shape or position of the building so a variance would not be required. Ms. Van Tuyl, Esq. stated Eckerd has requested of the Planning Board the ability to not pave some of the parking. The layout of the project has been reviewed extensively. Mr. Prager asked if Eckerd or the Planning Board has recommended the number of parking spaces. Ms. Van Tuyl, Esq. stated they have proposed eliminating parking which is required by the Town Ordinance. She stated the Town Planner has been very rigorous in requiring extensive landscaping on the site. Mr. Fanuele suggested there could be more green parking spaces if it is not required by Eckerd. Ms. Van Tuyl, Esq. said yes, if the Town agreed. Mr. Close stated the plan shows 76 parking spaces and 11 are proposed to be green spaces. Ms. Van Tuyl, Esq. stated the Planning Board as Lead Agency has reviewed all of the impacts extensively. The Planning Board determined the number of appropriate spaces to have. They are not exceeding what is required „. by the Town Code. Mr. diPiemo did not feel the proposed parking is excessive. He said considering they are proposing 11 green spaces, that leaves them with 65 spaces. Out of the 65 spaces some of them will be occupied by employees. He made a motion to close the public hearing. Mr. Warren seconded the motion. Vote: All present voted aye. Mr. Fanuele stated his personal opinion is they should deny the variance. He felt they should move the building so it would fit the Zoning Ordinance requirements. Ms. Van Tuyl, Esq. felt the Board, based upon all of the proof submitted, has the authority to grant the variance. She stated they still need a variance with regard to the canopy. She wanted the Board to make it clear that in any decision or motion to grant the variance would be granted subject to the provision that Eckerd would come back in for the canopy variance. She asked what the Board planned to do about SEQR. Mr. Prager said they will defer that to the Planning Board. Mr. diPierno made a motion to grant the variance contingent upon the applicant applying for a side yard setback variance for the canopy. He added that, "Any grant of variance be conditioned upon the resolution of all the issues before the Planning Board.” Mr. Warren seconded the motion. NOM En ROLL CALL: Mr. Warren: Mr. Fanuele Mr. Lehigh: Vote: The motion was carried. Zoning Board of Appeals Town of Wappinger Summarized Minutes - February 23, 1999 Page 4 Aye. Mr. diPierno: Aye. Nay. Mr. Prager: Aye. Absent. Mr. Prager reminded the applicant they will need to submit for a side yard setback variance for the canopy and that has been set for a public hearing for March 9, 1999. DISCUSSION Modu-Craft Homes. Inc. - To discuss Appeal No. 99-7001 seeking a 9.8 ft. side yard setback variance for an existing porch on property located at 95 Osborne Hill Road in the Town of Wappinger. Mr. Fred Straub was present. Mr. Straub explained that he built a porch on the house, but there isn't a roof over the porch. Mr. Jay Paggi, Town Engineer, had asked him if there is a foundation for the porch. Mr. Straub told him no, there are two sonitubes holding it up. Mr. Paggi interpreted that as a foundation. Therefore, the porch is in violation and to *,,,, clean it up he is requesting a variance. Mr. Prager asked how this happened. Mr. Straub explained, at the time, the Town was going through three different Building Inspectors. Unfortunately, this is something that was overlooked. This house was being built as a spec from one year to the end of another year. Mr. Close and Mr. Paggi interpreted it differently. Mr. Straub did not realize that without a roof on the porch that they encroached at all. In many Towns if there isn't a roof it is not counted. Mr. Close stated Mr. Straub could not have moved the house due to the septic fields. Mr. Straub agreed with Mr. Close. He said also there is a stone wall and the lot is an irregular shape. He thought everything was all right until he came in for the Certificate of Occupancy. That is when the flag went up. He stated behind the property is the Green Fly Swamp. Mr. Prager did not feel a sight inspection would be necessary. The Board agreed. Mr. diPierno made a motion for the ZBA to be Lead Agency. Mr. Fanuele seconded the motion. %W Vote: All present voted aye. Mr. diPierno made a motion for a Neg. Dec. NOW Mr. Fanuele seconded the motion. Vote: All present voted aye. Mr. Prager set the public hearing for March 9, 1999. Mr. diPierno made a motion to adjourn the meeting. Mr. Warren seconded the motion. Vote: All present voted aye. MEETING ADJOURNED AT 8:00 PM. Zoning Board of Appeals Town of Wappinger Summarized Minutes - February 23, 1999 Page 5 Respectfully submitted, Mrs. Linda Nguyen, Secretary Zoning Board of Appeals Town of Wappinger