1992-09-22"own of Wappinger Zoning Eoard of Appeals
%%,eptember 22, 1992
Minutes
Members Present
Mr. Sasser: Chairman
Mr. Member
Absent
Mr. Bitterlich: Member
Others Present
Mr. Levenson: Zoning Administrator
Mrs. Hardisty: Secretary
In
page 1
Town Hall
'0 Middlebush Road
Wappinger Falls. N.Y.
Mr. Hirkala: Vice chairman
Mr. Brooker: Member
IPPWIWIN
M 1 3. 92
IONIN1 �0MM
PLANNING 11=
Mr. Sasser: We are going to dispense with the minutes, since this is a special
public hearing. The first appeal 1141 - At the request of the Alpine Company of
Poughkeepsie (Contract vendee), seeking a variance of Article IV Section 475.21
of the Town of Wappinger Zoning Ordinance, for the BJ's Wholesale Club, where
you are required to have (14) fourteen loading docks, and you are only showing
(7) seven, therefore requiring a variance of (7) seven loading docks, on pro-
-rty located on Route 9 south of Myers Corners Road, on 10 plus or minus acres
mid being parcel #6157-02-766660 in the Town of Wappinger. Has there been proof
of publication?
Mr. Levenson: Yes, Mr. Chairman we have proof of publication, proof of the
mailings, we have a consent form from the owner of the property, allowing the
contract vendee to come before this Board.
Mr. Sasser: Can I have a motion to accept proof of publication and consent
f 017m.
,sir. Lehigh: Sa moved.
Brooker: Seconded.
Vote: All ayes.
Mr. Kellog and Mr. Lehrman were both present.
Mr. Sasser: Will the applicant come forth and tell us what you are looking for.
Mr. Keilog: I am a partner with the Alpine Company. We are asking the Board for
a variance to reduce the number of loading dock spaces from 14 to 7, for the
BJ's leading dock area. This 100,000 plus foot building is strictly for one
tenant. The nature of their business is that any materials that are coming to
rhe building are immediately unloaded and then the truck; is sent on it's way.
D 7 loading spaces is what they have for all their stores. We think: that by
.amplving with the Ordinance in having 14 spaces there is simply 7 surplus
spaces that wouldn't be used. This would just create more blacktop.
page 2
Mr. Brooker: What is the maximum number of trucks you Have there at anyone
�,,me? One or two trucks?
Mr. Kellog: Yes, at the most, I would think at Christmas time they might have
4. But normally there is just a couple.
Mr. Sasser: I presume that everybody on the Board has received the letter from
Jon Adams:' ( copy on file). And also the comment from Ray Arnold?
Mr. Levenson: Gentlemen, I also have a picture concept of the Albany store. You
will. note that there is 7 loading docks there. (pictures on file).
Mr. Sasser: The idea I presume is that this kind of store doesn't have a lot of
warehouse space, everything is out on the floors, so when they bring it in they
just crump everything on the floors.
Mr. Fell«g: That is right. They have no storage space inside the store.
Everything goes right on the rack for sale.
M:'. Sasses: Does the Board. Members have any other questions?
Mr. Leligh: Sale times, special sales and special materials coming in, you
;till only have the maximum of only 4 trucks coming in?
Mr. Kellog: I don't believe they have those little peaks in sale time, because
everything is always priced pretty low.
*%oc. Hirkala: Personally I don't see any problem with this. I am still trying to
figure out what you mean when you say, that because you don't have any ware-
house space everything is on the floor. You don't need any trucks coming in,
whazls the difference? If you are warehousing it on the retail floor or you are
warehousing it in the back room, the amount of trucks coming in is determined
by how much is going out the front door.
EX. Kellog: Right.
I.tr. Hirkala: All it amounts to is the scheduling of the trucks coming in, so
that you don't need more than 7 at one time.
Mr. Kellog: They don't have a number of venders coming in with delivery, it i
all coming from their own distribution center, so it is like clock work.
Mr. Hirkala: So it is a scheduled thing.
Mr. Kellog: Correct. And they don't use the trucks for storage, they want to
eget it unloaded and get it on the floors and push it out the front door.
Mr. Levenson: Once the store is stocked, you might have one or two trailers
backed up to the docks, or they will pull a trailer in and drop it and pull
another one out.
.sir. Hirkala: The only other question I have would refer to the fact that if
sere was any reason whatsoever to utilize any outside space or, this thing for
ale purposes?
n
page 3
14r. Kellog: Outside? No.
In
Mr. Lehrman: There is a restricted area that you have to enter, to use your
membership.
M _:ellog: There are no sidewalk sales they are all inside.
Mr. Levenson: What really Nr. Kellog has consented to is if this variance is
uranted is that this variance be granted only for BJs use. If the use should
change he will have to come back.
Mr. Hirkala: My feeling is, if you read the letter from the Attorney, it says
that this �oarticular operation, does not require it because of the way the
)peration ;corks, it is just for BJs. So if we grant the variance, my feeling
is. t'iat it s�:ould be just for Bis.
Mr. Sasser: Yes, that was discussed at the workshop, as well as limiting park-
ing of tractor trailers any where else on the property.
Mr. Hirkala: And in my view anyway, if there is ever any change in the method
of operation they will have to come back in to redo it. Because the basis; for
the variance is the stated method of operation by the Attorney who is the
representative of the applicant. So if there is any change from that statement
the variance is null and void and you come back in.
Mr. Kellog: If they ever left the building is designed for a warehouse type
eration, it will be another warehouse type operation. We agree that this is
est for BJs, and we will come back in front of the Board if there is a change.
Mr. Sasser: Is there any other questions from the Board at this point? I would
like a motion to open the public hearing.
Mr. Hirkala: Made a motion to open the public hearing.
Mr. Lehigh: Seconded.
Vote: All ayes.
Mr. Sasser: We have opened the public hearing, is there anyone here that would
11 ;e to speak for or against this?
Doctor Sucich: 237 Old Hopewell Road. I have a concern, my concern summed up is
that BJs seems to be getting a lot of exceptions and getting a lot of waivers,
as there is nobody policing the situation, that it is assumed that they will
volunteer coming in, that they have a good moral. We are not going to be out
there policing them; they certainly have not proven to us that they are very
moral people in the way they approach people in the neighborhood. I really have
a problem with them getting special privileges.
Mr. Sasser: Doctor Sucich, if I could just address that just for one second.
W'iiat's before us tonight, is a variance which they are entitled to if they mee-
c.erta-_n conditions. But just for your own information what they are trying to
is to reduce the number of loading docks that tractor trailers would Ilse
here. In my opinion that would be a benefit to those people in the surrounding
'\.r '"d
page 4
-roperties, and not a detriment. It would be a benefit to have less of those
ailers parked there. I understand your concern, and it is noted by this
11k5oard .
Doctor Sucich: I was also concerned when there was one exit for fire.
Mr. Sasser: But that is not a concern of this Board. Tonight our only consid-
eration is that number of loading docks.
Doctor Nucich: And tonight it was stated by Mr. Brooker that BJs should be the
only one to get such an exception. I disagree with you.
:sir. Sasser: What we are saying is, that should BJs leave at any point in time,
whoever is there no longer has that exception. What that means is should a
grocery store come in or any other kind of operation, they would no longer be
allowed to have that exception.
Doctcr Sucich: Ok, but if somebody were to move in a different place in Wap-
pinger they could come here and approach you for this?
n Sasser: If they met certain criteria. That is correct.
Mr. Hirkala: May I say something? You have to understand something, anybody who
does anything in the Town of Wappinger that does not conform to the written
word of the Zoning ordinance, has the right to come here and request it. You
can't automatically say, well if they have a justification for it then we have
consider it. Now if you read the recommendation from the Planner to the
awn, who is a professional, he is hired by the Town to advise, and the recom-
mendations from him are substantial that we should grant the variance, because
there is no necessity for the 14 spaces. The necessities, they claim that they
have only the necessity for 7 spaces. Now our Town Planner agrees with that.
What we are saying is that even though the ordinance says 14 spaces, the
recommendation is for 7 for this particular variance of 7, pertains only to
this use. Because they have proven the fact that they don't need the other 7.
Now if anybody else wants to do anything with that building, they might have to
come back and add 7.
Doctor Sucich: Now if I come back in and say, I spotted 8 trucks there at one
tirae?
M. Hirkala: Call him up he will be there in 5 minutes.
Eoctor Sucich: And then what?
Mr. Levenson: I think you should understand Doctor
There was a disruption in the audience.
Mr. Sasser: Excuse rte, but could you keep it down, this is a public hearing,
you will have your opportunity to speak, but please don't speak out loud when
other people are talking.
,_ Levenson: I think you should understand the charge of the Zoning Adminis-
IkArr. ator.
n
page 1,
%gain there was a disruption.
n
fir. Sasser: now I am going to have to ask you to leave the room. could you
please keep it down or leave the room.
Prir. Levenson: I think you should understand the charge of the Zoning Adminis-
trator- in the general Zoninc, Law, to make sure there is compliance on all the
operations in the Town. Now we built a warehouse up on 376, I am on that every
week. I am up there every week. And Mr. Kellog and Mr. Lehrman will tell you, I
am on that site every day. Every single day, including Saturdays.
Doctcr Sucich: So as long as you are on the Board there will not be a problem?
Mr. Levenson: I am not on the Board, I am an employee of the Town.
Mr. Sasser: Let me explain to you the difference between the Board and what
Herm does. Herb is the enforcement officer, this Board has been created by
State Law. We are a Board that is here to help relieve people that are overly
burdened by what is overly restrictive Zoning Laws. You or any other person in
this Town who wanted to do something with your property, but you were prohi-
bited by the Zoning Law, and you felt for some reason that it was overly
restrictive for you, you would come before this Board, and present it to us,
and we would judge. We actually overturn what his decision is. He is required
by Law to do what the Zoning Law says. He will deny somebody who doesn't meet
what the Law says. our purpose is to help people in the Town overcome that, if
it is overly restrictive. That is what we are here for.
errf. Hirkala: But they have to have justification for it, it is not automatic.
Mr. Sasser: Anyone else?
Mr. Collins: I am secretary for the C.I.G. which is an organization, consisting
o -.'L' neighbors of Losee Road and Sucich, minus Mrs. Sucich who lives there. I
just wan: to state that we are in favor of this reduction.
Mr. Sasser: Thank you very much. Is there anyone else? ( There was no one
else).
Mr. Lehigh: Made a motion to close the public hearing.
Mr. Hirkala: Seconded.
Vote: All ayes.
Mr. Hirkala: Made a motion for a Negative Declaration.
Mr. Lehigh: Seconded.
Roll call vote:
Motion carried.
Mr. Lehigh: aye
Mr. Brooker: aye
Mr. Hirkala: aye
Mr. Sasser: aye
° ,,,, Brooker: Made a motion to grant the variance, however if BJs ever leaves
�'Iat it revert back to the current zoning of 14 spaces.
Mr. Sasser: Mr. Brooker, if I may also we discussed
page h
'vtr. Brooker: And anything else anybody wants to add on.
1%11r. Hirkala: I will second the motion as long as the request as stated by the
Attorney for the applicant, becomes part of the approval, so that if there is a
variation from that request, from the intent of that request the variance is
null and void.
Mr. Brooker: I will add that to my motion.
Mr. Sasser: Ok, I will also ask you to include that we limit the tractor
trailers, not be parked any where on this property except in the loading docks.
:sir. Erooker: Add this addendum also. Before we do a roll call on this could you
read back that motion.
Mr. Levenson: Motion was to grant, and the three items that you want to put in
as conditions are: BJs leaves it reverts back to 14 spaces. Mr. Adams letter is
to be incorporated with regard to the use. And trailers are only to be parked
at the loading docks. And the Zoning Administrator is to inspect regularly.
Mr. Sasser: I don't believe that the Zoning Administrator to inspect needs to
be a part of this approval. The motion is with those three stipulations.
Roll call vote:
'otion carried.
Mr. Lehigh: aye Mr. Hirkala: aye
Mr. Brooker: aye Mr. Sasser: aye
Mr. Sasser: Herb, I would like you to address the Town Board regarding Gay
attending the Planning Federation Dinner/
Mr. Levenson: Yes, I am going to incorporate that in my letter. I have to send
a letter tomorrow.
Mr. Hirkala: Made a motion to adjourn.
Mr. Brooker: Seconded.
Vote: All ayes.
Meeting was adjourned at 9: P.M.
Very respectfully yours,
?GaV�/Ann Hardisty, Secr tary
Zoning Board of Appeals
im
Tows= of Wappinger toiling Board of Appeals
eptGitaF^r 22, 1.992
Agenda - 7:30 F.N.
Approval of tale August 11, 1992 Minutes.
Approval of the August 25, 1992 Minutes.
Public Hearing
1./
Town Hall
20 Middlebush Road
Wappinger Falls, N..
Appeal " 1141 - At the request of the Alpine Company of Poughkeepsie, (contract
vendee), seeking a variance of Article IV Section 476.21 of the Town of Wap-
pinger Zoning ordinance, for the BJ's Wholesale Club, where you are required to
have (14) fourteen loading docks, and you are only showing (7) seven. Therefore
requiring a variance of (7? seven loading docks, on property located. on Route '9
s uth of Myers Corners Road, on 10 plus or minus acres and being parcel
=6157-02-766660 in the Town of Wappinger.
Em
m