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2008-11-18 T own of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals November 18, 2008 Summarized Minutes Members: Mr. Prager, Mr. McVeigh, Ms. McEvoy-Riley, Mr. Casella, Member Absent: Mr. DellaCorte, Others Present: Mr. Horan, Mrs. Lukianoff, Mrs. Roberti, Page 1 Minutes of November 18, 2008 Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Member Member Member V ice-Chairman Attorney Zoning Administrator Secretary SUMMARY Public Hearing: Todd Mikus Juan & Magdalena Acosta Bre-DeJ Enterprises, Inc. DCH Investment, Inc. Discussions: Adams Fairacre Farms -Variance Granted -Variance Granted -Variance Granted -Variance Granted -Public Hearing on December 9, 2008. Town of Wappinger Zoning Board of Appeals '-' Ms. McEvoy-Riley: Mr. Casella: Vote: Page 2 Minutes of November 18, 2008 Motion to approve the site minutes for October 28, 2008. Second the motion. All present voted aye. Appeal No. 08-7383 Todd Mikus- Seeking area variances of Section 240-37 of District Regulations in an R- 40 Zoning District. -Where a side yard setback of 25 feet is required, the applicant is proposine: a side yard setback of 3.5 feet. to allow for a 12' X 20' shed, thus reQuestine: a variance of 21.5 feet. The property is located at 33 Vandewater Drive and is identified as Tax Grid No. 6259-04-774257 in the Town of Wappinger. Mr. Prager: Mrs. Roberti: '-" Mr. Casella: Mr. McVeigh: Vote: Mr. Mikus: Mr. Prager: Mr. Casella: Ms. McEvoy-Riley: Vote: Ms. McEvoy-Riley: ~ Are the mailings in order? Yes they are. Motion to open the public hearing. Second the motion All present voted aye. I erected a 12' X 20' shed without a permit. Sal came out to my home for another permit and said I needed a permit for the shed. I placed the shed to close to the line but there really is no other place to move it too. A number of us did a site inspection and your property really does slope. Other sheds in the neighborhood are really close too. Is there anyone in the audience with a comment? Hearing none. Motion to close the public hearing. Second the motion All present voted aye. Motion to grant the variance. This will not produce an undesirable change, there are no environmental issues, this is self-created and it is substantial although we don't see any other means to put the shed elsewhere on the property. Town of Wappinger Zoning Board of Appeals ~ Mr. Prager: Roll Call: Page 3 Minutes of November 18, 2008 We don't normally like these types of variances because they are sizable but with the condition of your property I really don't see any other place so I'll second the motion. Mr. McVeigh: Aye. Ms. McEvoy-Riley: Aye. Mr. Casella: Aye. Mr. Prager: Aye. Aooeal No. 08-7384 Juan & Mae:dalena Acosta- Seeking area variances of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a rear yard setback of 40 feet is reQuired, the applicant is orooosine: a rear yard setback of 18 feet. to allow for a 16' X 15' 10" Deck, thus reQuestine: a variance of 22 feet. The property is located at 2 Baldwin Drive and is identified as Tax Grid No. 6258-04- 568061 in the Town of Wappinger. Mr. Prager: Mrs. Roberti: \. Mr. Casella: Ms. McEvoy-Riley: Vote: Mr. Acosta: Mr. Prager: Ms. McEvoy-Riley: Mr. Casella: Vote: Mr. Casella: Mr. McVeigh: Roll Call: '-" Are the mailings in order? Yes they are. Motion to open the public hearing. Second the motion All present voted aye. When we bought our house in 1998 the deck was already there and we just found out that it didn't have a CO. We did do a site inspection. Is there anyone in the audience who would like to speak for or against this variance? Hearing none. Motion to close the public hearing. Second the motion All present voted aye. Motion to grant the variance. This will not produce an environmental change, it is not detrimental nor undesirable to the neighborhood. It is substantial but not self-created. Second the motion Mr. McVeigh: Aye. Ms. McEvoy-Riley: Aye. Mr. Casella: Aye. Mr. Prager: Aye. Town of Wappinger Zoning Board of Appeals Page 4 Minutes of November 18, 2008 '-" Anneal No. 08-7382 Bre-Del Enterorises. Inc~ Seeking an area variance of Section 240-18(E) of District Zoning Regulations for HB Zoning. -Where 100 feet from the Wannin2er Creek and flood nlain is required. the annlicant can only nrovide 50 feet. thus requestin2 a variance of 50 feet. The property is located on 210 New Hackensack Road and is identified as Tax Grid No. 6259-02-508806 in the Town of Wappinger. Present: Richard Barger Nick DeLuccia Mr. Prager: Are the mailings in order? Mrs. Roberti: Yes they are. Mr. Casella: Ms. McEvoy-Riley: Vote: Motion to open the public hearing. Second the motion All present voted aye. Mr. Barger: We were here a couple of months ago and received a variance for the front setback. At the time the PB said we didn't need a variance from the stream and now they have sent us back to you to receive one. ~ Mr. Prager: Is the building going to be further back to the creek then the buildings that are there now? Mr. Barger: No we are in line with the BOOKWORM. Mr. Prager: Didn't the Bookworm have issues with the rear? Mr. Barger: Yes that is why we are 50 feet from the creek. Mr. Casella: Are any retaining walls required? Mr. Barger: No. Mr. Casella: Are you in the flood line? Mr. Barger: Weare above the flood line. The elevation of the creek is 104 and the building is at 130. Mr. Horan: Is the parking lot a structure? .,-, Town of Wappinger Zoning Board of Appeals Page 5 Minutes of November 18, 2008 '-" Mrs. Lukianoff: No. Mr. Prager: DC Planning considers this a matter of local concern. Are there any questions from the board? (No.) Anyone in the audience with a question? Hearing none. Mr. Casella: Mr. Me V eigh: Vote: Motion to close the public hearing. Second the motion All present voted aye. Mr. McVeigh: Motion to grant the variance. We did a site visit and we do not find it to be undesirable to the neighborhood. It is self- created but there really is no other means for them. Second the motion Mr. McVeigh: Aye. Ms. McEvoy-Riley: Aye. Mr. Casella: Aye. Mr. Prager: Aye; Mr. Casella: ZBA Roll Call: Mr. Horan: For the record I would like to add with respect to the substantial nature of this variance. As Mr. Barger noted, the property is located approximately 22 feet above the creek so one could make the argument that the variance issued is actually less than what's granted here if you take into account the vertical distance that is included and I would like that noted for the record. \... Mr. Barger: Thank you. Appeal No. 08-7381 DCH Investment Inc. Seeking an area variance of Section 240-70, Paragraph C of District Zoning Regulations for HB Zoning. -Where overhead earaee doors providine access to service and repair facilities shall not be located facine anv street and shall be visuallv butted from surroundine residential districts, the applicant is proposing two overhead earaee doors to be located facine Route 9 and four overhead earaee doors to be facine Old Route 9. The property is located between Old Route 9 & Route 9 and is identified as Tax Grid No. 6157-02-589645/585606 in the Town of Wappinger. Present: Lee Bums - Applicant Larry Paggi - Engineer Mr. Prager: Are the mailings in order? ~ Town of Wappinger Zoning Board of Appeals '-' Mrs. Roberti: Mr. McVeigh: Mr. Casella: Vote: Mr. Paggi: Mr. Prager: Mr. Horan: '-" Mr. Bums: Mr. Horan: Mr. Bums: Mr. Horan: Mr. Casella: Ms. McEvoy-Riley: Vote: Ms. McEvoy-Riley: '-" Mr. Casella: ZBA Roll Call: Page 6 Minutes of November 18, 2008 Yes they are. Motion to open the public hearing. Second the motion All present voted aye. Gave a summary of the project for the public. The existing facility will be replaced with a new showroom and service area. There will be 6 new glass doors facing the road and one door facing the north door. Overall the site will be upgraded significantly. DC Planning has also commented on this projeCt and commented that this is a matter of local concern. Is there anyone in the audience with a question? Hearing none. Anyone on the board? (No.) One thing for the record. With respect to the text of the zoning code, the section says overhead garage doors and when you talk about the receiving area, is that for forklifts or delivery? It's for parts delivery with rolling cages into that area. So it wouldn't have vehicles going into that area? No. So for the record they have applied for that door and consider that for the purposes of the public hearing and they consider that to be a door that is required. I think there is some question as to whether it is a garage door since it is used for parts delivery only. So they have requested a variance for it but we are really only granting a variance for technically three doors on that side rather than four. Motion to close the public hearing. Second the motion All present voted aye. Motion to grant the variance. It will not produce any undesirable changes in the neighborhood. There are no environmental impacts from the overhead doors and I don't consider this substantial although it is self-created. Second the motion Mr. McVeigh: Aye. Town of Wappinger Zoning Board of Appeals Ms. McEvoy-Riley: Aye. '-' Mr. Paggi: Page 7 Minutes of November 18,2008 Mr. Casella: Aye. Mr. Prager: Aye. Thank you. Appeal No. 08-7385 Adams Fairacre Farms- Seeking area variances of Section 240-29(F)(1) & 240- 29(F)(2)(a) of District Regulations in an HD & HB Zoning District. -Where only one sien per retail business is permitted, the applicant is reQuestine two retail siens, thus reQuestine a variance of one retail sien. -Where a freestandine sien is allowed no taller than 10 feet in heieht and 25 SQ. ft in size. the applicant is reQuestine a freestandine sien of 12 ft. tall and 95 SQ. ft. in area, thus reQuestine a variance of 2 ft. in heieht and 70 SQ. ft. in size. The property is located at 152. 154 & 158 Old Post Road and is identified as Tax Grid No. 6157-04-614375.649374.649335 in the Town of Wappinger. Present: '--' Mr. Tinkelman: Me. Prager: Mr. Tinke1man: Mr. Prager: "-" Mr. Turner: Pat Adams - Applicant Steve Tinkelman - Architect Robert Turner - Architect We are here for the new proposed Adams off of Route 9. The store will be about 70,000 sf and will be a full service store. We will not have the power tools or the fencing like the Poughkeepsie site. Gave overview of the site plans for the board. We do meet all the other zoning requirements and we are proposing a nice entrance and we want to be able to direct people easily. The ordinance says that we are allowed up to 100 sf per sign and we would like 150 sf total and two signs on the building over each entrance. That is the first variance. The second is for the pylon sign and we would like to request it to be two feet higher than allowed and where 25 sf is allowed we would like to request 95 sf due to the distance from Route 9. Why do you need the extra two feet? The building is set back off of Route 9 and this way we can landscape underneath it. Weare proposing goose neck lighting for the signs so the signs will not be illuminated from the rear. How big will the interchangeable letters be? About 6 inches high. '-" ~ \....- Town of Wappinger Zoning Board of Appeals Mr. McVeigh: Mr. Tinkelman: Ms. McEvoy-Riley: Mr. Adams: Mr. Horan: Mr. Prager: Mr. Tinkelman: Ms. McEvoy-Riley: Mr. Prager: Vote: Meeting ended at 8:40 PM Page 8 Minutes of November 18,2008 Are you trying to mimic your other stores? Yes and the DOT has given us a conceptual ok on this already. Did you need DOT approval for Route 44? Yes. We need to get the dimensions of what you need for the signs exact for the legal notice. Discussion took place regarding variance size. Outcome: each sign will be up to 100 sf each We will set your public hearing for December 9,2009. Thank you. Motion to adjourn. Second the motion All present voted aye. Respectt ~Ubmitted, Bar~. : ~o~ecretary Zolng Board of Appeals