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1996-10-08CM EM Town of Wappinger Zoning Board of Appeals Town Hall October 8; 1996 20 Middlebush Road Agenda - 7:30 P.M. Wappinger Falls, N.Y. 1%✓ Approval of September 24, 1996 minutes. PUBLIC HEARINGS 1. Appeal #1226 - At the request of Alpine Company of Poughkeepsie who is seeking two (2) sign variance of Article IV, Section 410.12.6.2, whereas you are not permitted to have a sign larger than 25 sq. ft. and the Applicant is requesting to add (2) 2 X 12 (48 sq. ft.) signs underneath the existing 6 X 12 (72 sq. ft.) pylon sign at the entrance of Alpine Commons Shopping Center located at 1357 Route 9 and is identified as Tax Grid #6157-02-707773-00 in the Town of Wappinger. 2. Appeal #1227 - At the request of Alpine Company of Poughkeepsie who is seeking the following sign variances: A. Article IV, Section 410.12.6.1.4 - Requesting a 210 sq. ft. sign on the front of the building, whereas 100 sq. ft. is permitted; thus requiring a 110 sq. ft. variance for Alpine Shopping Center located at 1357 Route 9 and is identified as Tax Grid 4#6157-02-707773-00 in the Town of Wappinger. B. Article IV, Section 410.12.6.1 - Requesting (2) 3 X 33 (99 sq. ft.) signs on the south side of the building (upper left hand corner of the building facing Route 9), whereas you are not permitted to have more than one (1) sign and you already have one Y(1) sign, thus requiring a total 198 sq. ft. sign variance for Alpine Shopping Center located at 1357 Route 9 and is identified as Tax Grid #6157-02-707773-00 in the Town of Wappinger. C. Article IV, Section 410.12.6.1 - Requesting a 210 sq. ft. sign on the south side of the building (upper right hand corner of the building facing Route 9), whereas you are not permitted to have more than one (1) sign per business and you already have one (1) sign, thus requiring a 210 sq. ft. sign variance for Alpine Shopping Center located at 1357 Route 9 and is identified as Tax (Grid #6157-02-707773-00 in the Town of Wappinger. PLEASE TAKE FURTHER NOTICE the Zoning Board of Appeals has declared itself Lead Agency for Appeal #1226 and #1227 on September 24, 1996. DISCUSSION 1. Alexander W. Hubner - Discuss Appeal ##1229 requesting a side line variance to replace 2 (10 X 201) carports and construct a 2 car garage to be attached to the existing 1 car garage on property located at 106 MacFarland Road in the Town of Wappinger. 2. The Camillo Trust Steven Berner Trustee (Keith Capolino Subdivision) - Discuss Appeal 1230 requesting to decreasing the minimum lot size of 15 acres in RMF -3 Zone for a proposed 2 lot subdivision of 11.237 %MW acres on Old Hopewell Road and Route 9D in the Town of Wappinger. rr Town of 6�pinger Zoning Board of Appeals Town Hall `Ale October 8. 1996 20 Middlebush Road Minutes Wappinaer Falls; N.Y. *0"Members Present Mr. Prager: Chairman Mr. Lehigh: Vice Chairman Mr. Fanuel.e: Member Mr. diPierno: Member Mr. Warren: Member APP`,'1.`UVED Others Present Mr. Donald Close; Zoning Administrator NOV �2' 1996 Mrs. Linda Nguyen, Secretary to the Z.B.A. PLANNING BOARD 7nNwr n^, — a .— Mr. Prager: I would like to call the Town of Wappinaer Zoning Board of Appeals to order. Can I have a roll call please? ROLL CALL: Mr. Warren: Here. Mr. diPierno: Here. Mr. Fanuele: Here. Mr. Lehigh: Here. Mr. Prager: Here. Mr. Prager: The first item of business tonight is the approval of the September 24th minutes. Can I have a motion to accept? Mr. diPierno: Motion to accept. ,,,,Mr. Lehiah: Second. Vote: All avec. Mr. Prager: The next item on tonights agenda is a public hearing on Appeal x1227. At the request of Alpine Company of Poughkeepsie who is seeking two (2) sign variance of Article IV, Section 410.12.6.2,. whereas you are not permitted to have a sign larger than 25 sq. ft. and the Applicant is requesting to add (2) 2 X 12 (48 sq. ft.) signs underneath the existing 6 X 12 (72 sq. ft.) pylon sign at the entrance of Alpine Commons Shopping Center located at 1357 Route 9 and is identified as Tax Grid #6157-02-707773-00 in the Town of Wappinger. I guess we have proof of publication. Mrs. Nguyen: Yes, for Appeal #1227 & 1228. Mr. Praaer: I have an affidavit here that was signed because we didn't aet some of the certificates back from the post office. Can I have a motion to open the public hearing. Mr. Lehigh: So moved. Mr. diPierno: Second. Vote: All ayes. %wMr. Kellogg: The first application is for the modification of the pylon sian. These are existing conditions. We have BJ's, Stop & Shop, and Alpine Commons occupying 72 sq. ft. It is 6 ft. high, 12 feet high; sitting on the existing pylon structure. We are proposing to add two ,r 09 Wappinaer Zonindftq�oard Minutes - October S. 1996 Paae 2 signs below that. each 2 by 12. one would identify A C Moore Arts & '*''Crafts. The second will identify retail tenant B and that would be for the future tenant occupying the balance of the retail building. The bottom sign would be 6 feet off the ground. It would be built within the existina structure. Mr. Prager: Is there anybody who would like to speak for or against this appeal? Before we get questions from the Board, I have some things that I just want to make sure get logged in. The detailed drawing of the signs, the letter from the Town of Wappinger Planning Board, and also 2 letters from DC Planning not objecting to the additional signage. Mrs. Nguven: Yes. Mr. diPierno: I don't have any questions. I don't know if anvbodv else does either. Lets set a site inspection. Mr. Fanuele: First of all, I can't see adding to the sign because You can`t see it coming north or south. So there is no use giving a variance to enlarge something that nobody is going to see. One of the reasons nobody can see it is because of the brush along Route 9. Also, last winter you said that area would be cleaned up. When I go up there I still see the two shopping carts and I see all of the erosion control barriers still down there where it was a year ago. So; I can not .. It is in the minutes that the area is cleaned up and its not. That is one thing. One; I took the liberty to call Don Faucher at DOT. He said he never heard ,,,,from you about cleaning up the area and he would entertain a work permit to clean up the brush and cut down the low trim. All you have to do is aet a work permit and go up there and then you would be able to see the Sian. Without cleaning the area up, you can not see the sign. I disagree with you and then there is no reason to put any additional sign on there. so, one, we told you to clean up the area and you did not. Two; you did not talk to DOT or at least he did not have any recollection of you talking to DOT. So, if your going to clean up the area so you can see the sign. then I can at least give you a variance. Without going up there it is mute to put up additional signs. Mr. Kellogg: Can I address these? Mr. Prager: Yes. Mr. Kellogg: Maintenance is an ongoing daily concern. Whether it is debris or shopping cars, it is from within our shopping center, it is from other shopping centers, it is from residents that drop mattresses. After a year and a half ago we did get the shopping carts out of there. I did get permission from the DOT. Specifically Mike Bergman who is the Construction Inspector to go in and clean up some of the brush. I didn't talk to Don Faucher because he doesn't normally get involved in those issues. but I will call Don tomorrow. If there are more shopping carts in there; we will go back in there. Mr. Fanuele: There is black plastic that runs from one end of your `'rr►'orouerty to the other end that is still there. It was there last year. You nut it there for erosion control. It is obvious that did not accumulate since last year. cm Wappinger Zoning"goard Minutes - October 8, 1996 Paae 3 Mr. Kellogg: I understand and the DEC' said leave that in there until we `tell you to take it out. I will ask the DEC to go and take it out. Mavbe I missed that one a year and a half ago, but we will ask the DEC to take it out. Mr. Fanuele: It is the same two shopping carts. Mr. Kellogg: That black ribbon goes all along the back of the property. Mr. Fanuele: You should get a work permit for DOT. Mr. Kellogg: That is great news. I will ask them. We did exactly what they told us to do a year and a half ago. Mr. Fanuele: Why would you leave the black plastic there after the construction was done. Mr.. Kellogg: They wanted it there to protect the wetlands. That drainage comes down the hill, through the ditch, and ultimately down into the stream. Mr_. Fanuele: You will have to write DEC a letter and see what they say. Mr. Kellogg: Those are maintenance issues. I don't think anv of those things effect the sign. �4r. Fanuele: I think they definitely do. Because if you don't clean up that area, you can not see the sign. Why put additional signage up that nobodv can see? Mr. Kellogg: When we relocated the sign 20 feet closer to Rotate 9 there was a huge improvement. It has been effective. We get comments all of the time that it is effective. We don't have the right to go into the DEC- wetlands ECwetlands and cut brush or go onto the DOT property and cut down trees. That is not my jurisdiction. Mr. Fanuele: Don Faucher said that he never received a work request and if he did, he would entertain it. Mr. Kellogg: I will call him tomorrow morning. Mr. Fanuele: Otherwise; if its not cleaned up, there is no reason for the signage. Mr. Kellogg: I will call him tomorrow morning and ask him for permission. Mr. Lehigh: We are supposed to grant you the minimum variance possible to achieve what you want to achieve. I like what Vic is saying. I've road urs and down Route 9 and even a year ago I complained about the same thing. If some of those trees were taken down and opened up a little bit; you could see the signage there and you would need less signage and you could see it from a distance. As your going down Rotate 9 going south, you %wcan not see anvthing but that pylon until your right on top of it. Goina north definitely isn't much better.. Every year those trees get bigger. I would like to see you check with the DOT and if they will let you take `40W Wappinger Zoning_,0006ard Minutes - October 8; 1996 Page 4 some of that brush out of there, then we could take another look at this. it Mr. Kellogg: I agree 100 I would like to have some of those trees cut down. We have Planning Board approval for that clump of trees. They are on the site plan. It is the DOT's property. It is the DEC's property. it is not for me to do that. I don't want to make this a big case. It Gtil_l �-s_oesn't address that these two tenants should have identification on iDv',-jn sign. We arp not raising this pylon sign at a?_1 . They are doing on the existing structure. Mr. Fanuele: The question came up, "Your raising the pylon sign for one reason. Your raising it because you want to put the pylon sign underneath it." And you said, "No, the reason for raising the sign is that it is too low to the ground right now." Mr. Kellogg: This is from a year and a half ago? Mr. Fanuele: Yes. Mr. Kellogg: I don't know why we are going back to that application a year and a half ago. It was granted. Mr. Fanuele: The reason I'm going back to it is that what I thought was aareed to was not done. Mr. Kellogg: What was not done? Mr. Fanuele: The cleaning up of the area. Mr. Kellogg: We did clean up the area. Mr. Fanuele: That is questionable. In my mind .. Mr. Kellogg: We clean up that area every single day. If there is something that we missed, we will address it. If there is shopping carts in the ditch, we will get the shopping carts out tomorrow morning. Mr. Fanuele: There are the same two that were there last year and the Mack plastic and the brush. Mr. Kellogg: I will have permission tomorrow morning. If they say no, then what am I supposed to do? Mr. Fanuele: If they say thev don't want to clean up the area, then we have a different issue. If Stop & Shop doesn't want to pick up the carts Mr. Kellogg: No, I will take care of the carts. If the DOT and the DEC says Alpine do not touch anything .. Mr. Fanuele: Then we will get involved. I will get involved personally. You write that work request that you want to get done and I will go up ``'there and talk to them. Put the work request together of what you want done. En Wappinger Zoning'"A'card. Minutes - October 8, 1995 Page_ 5 Mr. Kellogg: That is fine, but I think that is a separate issue from the ''—proper identification for these two tenants. Mr. Prager: How many years has BJ's been in business? Mr. Kellogg: May of 1993 and Stop & Shop was August of 1993. Mr. Prager: So both in 1993. Does anybody else have any questions? Mr. Lehigh: No, I really don't. I would like to see something before we rule on this. I would like to see what they say. (Talking about DEC and DOT.) It may not effect the pylon, but it may definitely effect the other variances your asking for. Mfr. Prager: We can have it in there that you definitely have to contact DEC about the black plastic and we can also have it in there that you must contact DOT about cutting back the trees. Mr. Kellogg: I also have to go before the Planning Board for the trees too. Mr. Prager: The only thing is if they say no, then it is not really up to Mr. Kellogg. Mr. Fanuele: If they come back and say they can't touch that, then that is a different story. i%.• Mr. Prager: We can have it in there that he has to make sure he notifies them. Mr. Kellogg: We're talking about two State agencies. You know I have a tenant that needs proper identification. Everybody knows when you go in front of those two agencies, it could take months. Mr. Fanuele: Well, you had a whole year to work on it. Mr. Prager: I think you already said that you contacted them. Mr. Kellogg: Yes, I did. I did exactly what they said I could do. Mr. Prager: Anybody else have any questions? Hearing none; Can I have a motion for a Negative Dec.? Mr. Fanuele: I make a motion for a Positive Dec. because it is effecting the area of the sign. Plus if the sign does the business that it is supposed to do, and I hope it does, then we have a traffic problem up on top by the plaza. So, I don't think we have a Negative Dec. right now. Mr. Kellogg: The traffic was approved by the Planning Board. We've done traffic studies. Everything has been approved by the Planning Board. We aren't going to have a traffic problem and we don't have a traffic problem right now. 14WJ Mr. Fanuele: In my mind; you have a traffic problem up on top. When you come up and make a left hand turn into the plaza. Right along the 09 Wappinger Zonina4w*106ard Minutes - October 8. 1996 Page 6 building lisle. rr M -r. Lehigh: That has nothing to do with the pylon sign. Mr. Fanuele: Well, it is altogether because if this pylon brings in extra business it will cause a problem. Mr. Kellogg: The 210,082 sq. ft. is approved by the DOT and the Town of Wappinger Planning Board. It is already approved for a fully built shopping center. It is done. Mr. Fanuele: I don't think that is done because I think you have a problem. Mr. Kellogg: Well, then that is an issue you have with the Planning Board. Mr. Fanuele: Well, we could hold it up until we get the Planning Board's input. Mr. Lehigh: I don't feel we can hold them up on Appeal #1227. Mr. Prager: I don't either. Can I have a motion for a Negative Dec.? Mfr. diPierno: I will make such a motion. Mr. Lehigh: I am going to have to second it. Vote: All ayes except Mr. Fanuele. Mr. Prager: Can I have a motion to close the public hearing. Mr. diPierno: So moved. Mr. Fanuele: Second. Mote: All ayes. Mr. Prager: I have a short findings of facts. The Appellants property in its entirety falls into the SC district classification. It is located at 1357 Route 9; Town of Wappinger, NY. The owner of the property is Alpine Company of Poughkeepsie. There are presently two tenants operating businesses in Alpine Commons, BJ's Wholesale Club and Stop & Shop since 1993. The Appellant is seeking a variance of Article IV, Section 410.12.6.2 whereas you are not permitted to have a sign no larger than 25 sq. ft. and the applicant is requesting (2) 48 sq. ft. signs underneath the existing 72 sq. ft. pylon sign at the entrance of Alpine Commons Shopping Center located at 1357 Route 9 in the Town of Wappinger. I will Make a motion to grant the variance for the following reasons. I don't feel that the above mentioned variance is detrimental to nearby properties. It will not make an undesirable change to occur in the character of the neighborhood. The requested variance is substantial '%wsince you are asking for 95 sq. ft. where only 25 sq. ft. are required. I believe the variance wouldn't cause adverse affects to the physical or environmental conditions of the neighborhood. I would just like to U Wappinger Zonin�oard Minutes - October 8, 1996 Page 7 mention the signage is needed on the pylon in order to identify one of the `ftMajor tenants on the Alpine Commons site. Can I have a second please? Mr. diPierno: Second. ROLL CALL: Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Lehigh: Aye. Mr. Prager: Aye. Mr. Fanuele: I want to say no and I want to give the reasons. I want to work with the applicant to get the DOT and the DEC' to help clean up the area so the sign could be effective. I don't want to say no because I want to work with you. I want to make the sign effective so you can stay in business. Vote: 4 ayes, 1 nay. Mr. Prager: The motion has been passed to grant the variance for the pylon sign. It will be filed in 5 days. The next item on tonights agenda is a public hearing on Appeal 41228. At the request of Alpine Company of Poughkeepsie -who is seeking the following sign variances: A. Article IV, Section 410.12.6.1.4 - Requesting a 210 sq. ft. sign on the front of the building, whereas 100 sq. ft. is permitted, thus requiring a 110 sq. ft. variance for Alpine Shopping Center located at 1357 Route 9 and is identified as Tax Grid #6157-02-707773-00 in the Town of Wappinger. „A, B. Article IV, Section 410.12.6.1 - Requesting (2) 3 X 33 (99 sq. ft.) signs on the west side of the building (upper left hand corner of the building facing Route 9), whereas you are not permitted to have more than one (1) sign and you already have one (1) sign, thus requiring a total 198 sq. ft. sign variance for Alpine Shopping Center located at 1357 Route 9 and is identified as Tax Grid #6157-02-707773-00 in the Town of Wappinger. C:. Article IV, Section 410.12.6.1 - Requesting a 210 sq. ft. sign on the west side of the building (upper right hand corner of the building facing Route 9), whereas you are not permitted to have more than one (1) sign per business and you already have one (1) sign, thus requiring a 210 sq. ft. sign variance for Alpine Shopping Center located at 1357 Route 9 and is identified as Tax Grid #6157-02-707773-00 in the Town of Wappinger. PLEASE TAKE FURTHER NOTICE the Zoning Board of Appeals has declared itself Lead Agency for Appeal #1227 and #1228 on September 24, 1996. Mr. Prager: As mentioned before we have proof of publication. I would like to have a motion to open the public hearing_ Mr. Lehigh: I make a motion to open the public hearing. Mr. diPierno: Second. Iftw1ote : All ayes. Mr. Prager: Again Mr. Kellogg maybe you could go through this. Wappinger Zoninoard Minutes - October 8, 1996 Page 8 "%W Mr. Kellogg: A C Moore is occupying 20,000 sq. ft.. which is the western half of the existing retail shell. They requested signage for the front of the building, the west side of the building facing Route 9 and there is still the remaining request from Stop & Shop and BJ's for signage on the side of the building facing Route 9 as well. The frontage of A C Moore is 106 feet. The signage on the front of the building is 210 sq. ft. There is allowed by the Ordinance 100 sq. ft. on the south side. On the north elevation we are not asking for anything. We have agreed to extend the color pattern over to the existing masonry building which houses our water supply and electrical. The west side of the building facing Route 9 we're requesting a Stop & Shop and BJ's sign 3 feet by 33 feet and an A C Moore sign that is about 6 1/2 feet by 33 feet. Stop & Shop and BJ's would be at the north end, A C Moore at the south end. fir. Praaer: Is there anyone else in the audience that would like to speak for or against this appeal? Let the record show that nobody spoke for or against. Again, I would like to log in the same evidence as I did before. There is a drawing showing the proposed signage on the building dated 8/23/96. A letter from the Planning Board recommending the variances and letters from the Dutchess County Planning & Development recommending that the requested variances for the multiple signage on the side of the building facing Route 9 be denied dated 9/17/96 and 10/3/96. Mfr. Kellogg: 10/3/96 approved the pylon. -.Mr. Prager: Questions from the Board? Mr. Lehigh: That wetland, do you have any plans to do anything with that or will it be completely undeveloped? Mr. Kellogg: In the wetlands? Its 42 acres, no, it will stay undeveloped. fir. Lehigh: Basically, I have the same problem that clic had with the pylon that you can't see it from Route 9 especially if your traveling that =:a tlse legRJl speed_ limit of 40 mph. You will never see those signs because of the trees. You may see it a little bit in the winter timc-: i; -O - its growing up so fast now, even from the last time you were in here requesting sign variances. It has grown tip more so. I just can't really in good conscience put those extra signs on there because they do nothing until you pull into the driveway to come tip to BJ's. Then, you already know your there and where your going. It is something that hits you in the face. Mr. Prager: Which signs are you talking about? Mr. Lehigh: The signs on the west side. The one in the front of the store, you have to identify it. It is merely for the people that are in the shopping center. I don't like the access. When we were out there on the site inspection, I don't like the access. People coming around that corner and your going to have your access into A C Moore right there. I *4whope that your going to put some kind of signage up there to warn people when they pull around there so they don't hit somebody going across that crosswalk. I realize that the Planning Board had given approval for that Wappinger Zonin'g"Ifoard Minutes - October 8, 1996 Page 9 and there is nothing I can say about it except the fact that I hope that "you would put some signs up there. People are not used to stopping there. They are used to going down to Stop & Shop and BJ's and so forth and they are not used to stopping there and that will be a short distance if you come around that curb 25 to 30 mph in wet weather. It is going to be impossible. Mr. Kellogg: The majority of the Stop & Shop shoppers take that left hand turn to go in there. It is a concern right now. We do have the crosswalk painted, but we will add signage. Mr. diPierno: You might want to consider that area in front of the shopping center an exit only and then put in a curb cut going down so they would have to go down and around. Mr. Kellogg: There are 7 curb cuts on the other side. We've tried to encourage the Stop & Shop customers to go the other way. We can't make it one way, but with signage say Stop & Shop customers and direct them straight along .. Mr. Fanuele: Can't you block that entrance? Not the whole road, just part of it up through A C Moore so you can only go out that way. When you come in around you could go both ways in front of the rest of the stores. This way, coming around your blind. Mr. Kellogg: Alpine would prefer not to. We don't have permission from ,,,.the stores to do that. Mr. Fanuele: I have a problem. You keep saying you need permission from the stores when your the landlord. I can't understand that. Your the landlord and your supposed to make arrangements for the thing to work. Mr. Kellogg: The way that a real estate transaction works with a major anchor store like Stop & Shop and BJ's is that they have to totally approve every single parking spot on the entire site, every roadway, every stripe, every tree. In addition to the Planning Board, they have that right as well. They are tougher than the Planning Board. We have to go back to all three parties to make one modification. When we added the ATM island; we had to go back to all three parties to get that approved and that was minor. That was shifting around 7 parking spaces. Mr. Lehigh: How about slow or caution signs on that roadway? Mr. Kellogg: We can add signage, but we can't block off an entrance. I am more than willing to add signage. Mr. Lehigh: I definitely feel that is a ... Mr. Fanuele: I would like to see letters from everybody saving they can't do that rather than have a hazard. Mr. Kellogg: I agree that I will try to address that hazard. I will do wawthat with signage. Mr. Fanuele: I don't think that is enough. I would like to see Cm Wappi_nger ZoninVwt�oard Minutes - October 8, 1996 Page 10 `""suggestions from the Planning Board and the tenants that part of it be one way from about the width of A C. Moore. So people crossing there could be seen by the cars. If they turn you down, then that is a different issue. Mr. Kellogg: That jeopardizes the lease with A C Moore. Then there is no reason for the sign. Mr. Prager: When you went to the Planning Board, didn't you go over this with them? Mr. Kellogg: Absolutely. The site is fully approved for this building to be fully occupied. It was approved for 210,000 sq. ft. We went S years with the Planning Board. Then we went back to them a couple of months ago to get Architectural Review. There was no discussion whatsoever about anyv traffic concerns. Everybody knows how it functions. It was intended to have a turn there so people would go in front of the store. Mr. Lehigh: I would hope that the applicants cooperation would be enough for signage. Mr. Kellogg: I agree 100%. We are more than willing. Mr. Lehigh: I move that Mr. Kellogg should put the signage in there. Mr. Warren: I don't want to beat this point to death, but just for my own record, how many accidents were reported? Mr. Kellogg: Not that many. I can recall a couple in three years. I worked accidents up there. Our worse accidents up there are people running over handicapped signs as they pull into parking spots. We get 9 or 10 per year_ Mr. Prager: Does anybody else have anything? Mr. Fanuele: Yes, I have one more question. The extension your putting on for the loading dock on the end, I understand that will be split faced block, which is a different material than the rest of the building. Mr. Kellogg: No, the loading dock extension is the same as the drivit, the EIFS. We are going to wrap that around the loading dock. Mr. Fanuele: Okay because this drawing says ... Mr. Kellogg: The structure of it is built out of block. It should be smooth faced block. It will match the rest of the building. We will carry everything across the backside as well. Mr. Prager: Anything else? I would like to mention the Board did hold a site inspection on 9/28/96. We still need a motion for a Negative Dec. on this one also. %NwMr. Fanuele: I would like to add one more thing. Instead of adding all of the different signs up there, have you ever thought of putting Alpine Commons to identify the whole plaza? En Wappinger. Zoninc'f-Ooard Minutes - October 8; 1996 Page 11 Mr. Kellogg: We are happy with Alpine Commons just being on the pylon sign. Once voter in the shopping center, your in. These three are requested from the tenant. Mr. Lehigh: I think once people know where it is, they will be there. I shop in both of those stores all of the time. You have to learn where they are first and once your there, you don't need what I consider excessive signage. sir. Kellogg: This signage is most visible southbound. You can see this from Mvers Corners Road. Northbound, first of all your blocked by a rock cliff, then the Gray and Railing building and then trees. Mr. Warren: I make a motion for Negative Dec. Mfr. Lehigh: Second. Vote: All ayes except Mr. Fanuele. Mr. Fanuele: I'm apposed for the same reason as before. Mr. Prager: I would like to have a motion to close the public hearing. Mr. Lehigh: So moved. :r Mr. Fanuele: Second. Mote: All ayes. Mr. Prager: I will quickly give a synopsis of the Findings of Facts. The Appellants property is in its entirety within the SC district classification. It is located at 1357 Route 9 in the Town of Wappinger. The owner of the property is Alpine Company of Poughkeepsie. There are presently two tenants operating businesses at Alpine Commons. BJ's Whole Sale Club since 1993 and Super Stop & Shop, which has also been in business since 1993. I went over the three variances as I mentioned at the beginning of the meeting and I don't think we need to read all through them again. I would like to make a motion to grant only Part A of this variance. Let me read just Part A. At the request of Alpine Company of Poughkeepsie, Part A is "Article IV, Section 410.12.6.1.4 - Requesting a 210 sq. ft. sign on the front of the building, whereas 100 sq. ft. is permitted, thus requiring a 110 sq. ft. variance for Alpine Shopping Center located at 1357 Route 9 and is identified as Tax Grid #61.57-02-707773-00 in the Town of Wappinger." Again, this is the one sign on the south elevation on the top of the map. I feel that the requested Part A of this variance would not be detrimental to nearby properties. No. 2, the requested Part A of this variance would not change the character of the neighborhood since one sign is permitted. Part B & C would change the character of the neighborhood since additional signage is not consistent with other businesses in the area. No. 3, a sign is needed to identify where the entrance to the A C Moore business is in the shopping center and the size of the sign is smaller than the signage on the other buildings in the shopping center. The requested variance Part A is substantial since it is 110 feet of variance. Part B & C would make Wappinger Zonine.W�oard Minutes - October 2, 1996 Paae 1.2 '*31this variance completely too excessive. The reauested variance for Part A will not cause adverse effects on the physical and environmental business on the conditions of the neighborhood, but additional signage proposed in Parts B ,& C would have a harmful impact on the neighborhood and be destructive to the community zoning standards. The difficulty for Part A would not be self-created since some type of signage is necessary in order to identify where the entrance to the business is. ci.:_,-.'t make a.nv decisicDns tonight. M Mr. Lehigh: I would like to add that the color scheme be continued around the side of the building as we had agreed to before. I will second your motion. ROLL CALL: Mr. Warren: Aye. Mr. diPierno: Aye. Mr. Lehigh: Aye. Mr. Prager: Aye. Mr. Fanuele: I'd like to add a comment that he need to put traffic controls in front of that. Whether that is signage, or marking it off; they need something in the resolution. Mr. Kellogg: Do you want us to say we will address the signage with the Town Engineer and I will work it out with Jay? Mr. Lehigh: Yes, add that to the motion. I will second that being added to the motion. Mr. Prager: So you will contact the Town Engineer? Mr. Kellogg: Yes. Mr. Prager: A motion has been passed to grant only Part A of this variance and it will be filed in 5 days. Mr. Kellogg: We are satisfied with that. I appreciate that. I will contact the agencies tomorrow. Mr. Prager: If you would get us a letter to us to let us know what is going on and how they feel about it. The next item of business on the agenda tonight is to discuss Appeal #1229 - Alexander Hubner. Requesting a side line variance to replace 2 (10 X 201} carports and construct a 2 car garage to be attached to the existing 1 car garage on property located. at 106 MacFarland Road in the Town of Wappinger. I just want to mention --. -Jc):i know that this is a workshop so we can get some information. We ci.:_,-.'t make a.nv decisicDns tonight. Mfr. Hubner: For the papers that you have, I applied for a building pf:-rm .t and received it. As a result of that I went ahead and the contractor dug the foundations where the two carports formerly were. Then, I was stopped saying I needed a variance for the adjacent property line. Right now I am at a impasse. The foundation is filled up with water naturally and I've been pumping them out. Mr. Lehigh: This picture that we have, is that existing there now of the '%w garage? Mr. Hubner: That is the permanent garage that I have there. En *4"'Mr. Lehigh: And the carports were in this area? Wappi_nger Zonind-Nq�oard Minutes - October S. 1990 Page 13 Mr. Hubner: Yes, I located a couple of small pictures that show a portion of that carport on the left side. Unfortunately, I don't take pictures of garages. This is one of the post after I had dismantled the garage after the storm in 1995. I lost about 3 or 4 ninety foot trees_ Mr. Lehiah: So it is between the garage and the house where the carports were. Mr. Hubner: The garage is almost 50 feet from my house. It is about 250 feet from any dwelling around me, any of the adjacent neighbors who front on Old Hopewell Road. Mr. Prager: The garage that we have pictured here, that is going to stay there? Mr. Hubner: Absolutely. Mr. Praaer: Your going to put a two car garage .. Mr. Hubner: I'm replacing the carports with a permanent structure. Mr. Prager: Where were the carports? As I'm facing the front of the garage area, the carports were on the right side closer to the house? *41. Mr. Hubner: one on each side. One 10 foot by 10 foot on each side. I now have (2) 10 foot by 10 foot foundation holes to put in on each side. Mr. Prager: You want to put the 2 garages .. Mr. Hubner: Where the carports were. The carports were there for about 20 years. Mr. Fanuele: You only need the variance for the one. Mr. Hubner: Yes, the one is on the one side and there was some controversy and I went out and had the property surveyed. I got a call from the surveyor this morning and he said from my garage there is 17.5 feet to the neighbors line. Which means if I put up a 10 foot garage; I'm 7 1/2 feet from that line. I understand there is a rule I have to be 10 feet. I'm not putting up something new. I'm replacing something that was there. Mr. Prager: Granted, but when you do that you need a Do you have that letter from the surveyor? Mr. Hubner: No, I just had a phone call this morning. He is preparing the surveys_ ',4r. Prager: Good. Make sure you bring that in with you at the public %whearina. Mr. Hubner: At the public hearing, I won't be here. I'm having the surveyor represent me. Lqn -Mr. Prager: Who is that? Wappinger. Zoning *f(--)ard Minutes - October 8. 1996 Page 14 Mr. Hubner: Eric Gardell. He actually offered his services to come here for me. Otherwise I would have had the contractor come down, but he is not familiar with all the particulars. Mr. Prager: If you could when your talking to Mr. Gardell, ask him as soon as he can, to get the site plan copies to us? Mr. Hubner: Yes, I think he is drawing them now. My site plan never Since it covered the property when I bought it, there was no indication of a house or a garage. He is putting all of that on the site plan. Mr. Prager: Good. Get that to us. Give it to Linda and she can get it to us before the meeting so we can look at it. Mr. Lehigh: Your using these garages all for cars? Mr. Hubner: Yes. I have two cars and my son lives with us and he has a car. So, I would like to get them in from out in the open. Mr. Prager: You have 2 cars or three? Mr. Hubner: Three. Mr. Prager: Have you given any thought of putting that ..? Obviously, you haven't because your footings are in now, but is there any reason why you didn't put the garage both on one side away from the property line? Mr. Hubner: The main reason was we were going to cantilever the roof into the roof of the present garage. In other words, about half way up they would come down with their beams and fit into the side boards. Mr. Prager: Do you have a drawing of what it will look like? Mr. Hubner: No. Mr. Prager: Okay, could you make sure that is also sent in to Linda at the Zoning Department so we can get a copy of that also? Mr. Hubner: I really don't have a drawing. All the contractor did was state what he planned on building. Mr. Prager: Tell him to make a drawing of it please or yourself. Again, as soon as possible so we can have it for the meeting. Mr. Lehigh: So, when they put them on the existing roof of the garage that is there, it is actually going to be one building, three car garage? Will there be three separate doors in it? Mr. Hubner: Right, three sliding garage doors with exits on both ends. *#AwThat was my specifications. There was some .... on the property line so I figured there was only one way to prove it and that was to do the survey. Wappinger Zoning`w oard Minutes - October 8, 1996 Page 15 - Mr. Lehigh: Have you talked to the neighbor on the other side? Mr. Hubner: Yes, she refused to give me the 2 foot clearance and said I moved the stake and I had a larger carport than 10 feet. I said I couldn't have had a larger carport because the fiberglass roofing was 10 feet fiberglass lengths. They are still there. I have them on t13e property. I don't know what is bothering her. I was astounded when she refused. Mr. Prager: Those were built about 20 years ago, you said in your letter? Anvbodv else have any questions? Mr. Fanuele: We can set the public hearing so your neighbor can have an opportunity to .. Mr. Prager: Do you want to go take a look at it? Mr. Lehigh: It wouldn't hurt. Mr. Fanuele: How far is the neighbors house from the property line? Mr. Hubner: She is about 250 feet at least. This is the extreme end of their property, which backs into mine. There are survey stakes all along there, which I measured. I think I told Mr. Close that we were about 18 feet and it comes out 17 1/2. So, I don't think I moved any stakes. r.. Mr. Prager: I would like to have a site inspection. Could we have it this Saturday? SITE INSPECTION SET FOR OCTOBER 12, 1996. Mr. Hubner: Do we have to be present? Mr. Lehigh: No, we are just going to come out and look at it. Mr. Prager: Does your surveyor have stakes up on the property line? Mr. Hubner: Not all of them. There is an existing stake, which he verified. Mr. Prager: Well, you don't have to be there. We are going to have it Saturday, October 12th at 9:00 am. Mr. Hubner: Do you want me to pump it out again? Mr. Prager: No. Can I have a motion that the ZBA be Lead Agency? Mr. Warren: So moved. Mr. diPierno: Second. `WVote: All ayes. Mr. Prager: We will wait on a Negative Dec. until the next meeting. I will set a public hearing for our next meeting, which is October 22nd. *ar Wappinger Zonind'dogoard Minutes - October 8, 1996 Page 16 Mr. Hubner: I will be represented by Mr. Gardell. Mr_. Prager: Just make sure he gets his drawings to us as soon as possible and the builder get some type of drawings to show what that will look like as soon as possible. Mr. Hubner: I can even do that. Air. Prager: Whatever, just as long as we know what we are talking about. The next item of business on the agenda is to discuss Appeal #1230. The Camillo Trust Steven Berner Trustee and its about the Keith Capolino Subdivision who is requesting to decreasing the minimum lot size of 15 acres in RMF -3 Zone for a proposed 2 lot subdivision of 11.2.37 acres on Old Hopewell Road and Route 9D in the Town of Wappinger. Mr. Gray: Hi, I'm Bob Gray from Grey Engineering. I'm the engineer for Keith's subdivision. I've been before the Planning Board with this application. The last time we were before them, it came to light that the minimum lot size in that zone is 15 acres. The property itself is 11. There is an existing house on the property. As you know that is Keith's house on old Hopewell Road. The second lot would be 6 acres. The back lot fronts on Route 9D. These is an existing driveway there. There is a barn on the back lot. We are proposing 1 house on that lot. The Town sewer goes adjacent and through these lots for Tri -Municipal. There were two laterals put in to serve 2 lots when that was built. The laterals are there. I believe single family residences are permitted in that zone. The question is if it were to be developed as RMF -3, which is a multifamily and the minimum lot size is 15 acres ... Mr. Lehigh: I thought if you have Town sewer and water, the minimum lot size is less than that. Mr. Grav: If you have sewer and public water, it is 15,000 sq. ft., a third of an acre. The nearest water would. be the Village_ Mr. diPierno: I'm curious to know how that one little parcel got rezoned RMF -3 when all around it is zoned residential. Mr. Gray: The Town Board rezoned it. I really don't know. Mr. diPierno: Do you know when that happened? Air. Gray: I would think around 1990 to 1992. The fact is this is a single family house ... Mr. Prager: I assume that was R-20 or R-40 before. Mr. Gray: I'm not sure what that was. I think it was 1 acre. Mr. Lehigh: Do you have somebody living in that barn now? '`rr Mr. Grav: No. Mr. Lehigh: Is somebody running a business out of it? Cm Wappinger Zoning-Kbard Minutes - October 8. 1996 Page 17 Mr. Grav: The guy that wants to buy the lot has a landscaping business. I was over there with Don, Mr. LeRoy and Mr. Capolino because Mr. LeRoy had written a letter about it. And ves, the guy does park his equipment there. There is a tractor there. He has a trailer that holds two lawn mowers . Mr. Lehigh: That barn at one time was converted for housing upstairs. Mr. Grav: I'm not sure. The proposal we had before the Planning Board was for a house on the back lot. Mr. Praaer: In other words, this gentleman is going to buy this 5.142 acres. Is he planning on building a house? Mr. Gray: Yes, I have a proposed house on the plan. Mr. Prager: Is he going to use the barn for storage? Mr. Gray: I don't know. He will probably use it for a barn. Mr. Lehigh: That paved driveway, the neck of this lot that goes out to the Town Highway _. Mr. Gray: Which one? The one that goes out to 9D? Mr. Lehigh: Yes, does it have a 50 foot right-of-way? Mr. Grav: The frontage is right on there. About 100 feet. MI Pr aC.rer: What is this existing concrete foundation? (7-av: There was a barn there; but it burned. We have the on ;t- least tleast one septic system there, possibly two. We added notation:, that it is to be pumped out and sanitized. Mr. Praaer: So primarily all the old septic systems Mr. Lehigh: I think we should have an on site inspection. Mr. Gray: We have a letter from the Town Board letting us hook up to the sewer so those septic systems won't be necessary. Mr. Lehigh: Well, you said the laterals are already in, right? Mr. Gray: Actually, the laterals are already in. We got the as-builts from the Town Engineer for where the laterals are. This one for the house can't be used until Tri -Municipal approves this phase, but there is a septic system for Keith's house. For the new house we can hook in. We have permission from Tri -Municipal. We have a letter to the Planning Board. Mr. Lehigh: I wonder why they wouldn't give you permission for the old one. (Keith's house) *4%" Wappinger Zoning--o'oard Minutes - October 8, 1996 Page 18 Mr. Grav: He has a septic system there. Mr. Prager: We do have a letter from the Planning Board and I know your familiar with it. Primarily in a nut shell what they are saying is "On September 16 the Board approved a recommendation to grant a variance of the minimum lot size requirement for the subdivision provided any further development of the subdivided lots would be no greater than any permitted density in a R-20/40 zone unless the lots are combined with other parcels in the RMF -3 zone so as to meet the minimum lot size of an RMF -3 zone". Primarily if we were even to think of granting this, it would only be for that one additional house. Primarily what you would be doing is going back to R-40. Mr. Gray: Yes, on the house. If for some reason central water came in there, I think that would fall back to 15000. Mr. Fanuele: (Too low to understand.) Mr. Grav: Why not? Mr. Fanuele: Because it is being deleted under the new Zoning Law. You would have to have a variance to build multifamilv. Mr. Gray: I think the bottom line is we would have to meet the RMF -3 requirement. Whatever they are, at whatever time. *rr. Mr. Prager: Can I have a motion for Lead Agency? Mr. diPierno: So moved._ Mr. Fanuele: Second. Vote: All avec.. Mr. Prager: Again, we will make a Negative Dec. at next months meeting. I would like to have a site inspection on the same day, October 12th, at 9:30. Mr. Gray: Do you want us to be there? Mr. Prager: Yes, if you want to. DISCUSSION OF SITE INSPECTION Mr. Prager: I'm going to set the public hearing for October 22, 1996. Mr. Lehigh: I make a motion for adjournment. Mr. Warren: Second.. Vote- All ayes. MEETING ADJOURNED AT 8:37 P.M. Respectfully submitted, Mr T( n. secretary �1- 7.nn; nrr Rn;.- Respectfully n�