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2007-03-27 ZONING BOARD OF APPEALS March 27, 2007 '-' Agenda Town of Wappinger Zoning Board of Appeals MEETING DATE: March 27, 2007 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for March 13, 2007 Approve site minutes for March 17, 2007 Public Hearing: Appeal No. 07-7339 Robert & Sharon Polidore- Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. -Where a rear yard setback of 40 feet is reauired, the applicant is proposinl! a rear yard setback of 15 feet. to allow for a 20' X 32' above ground pool, thus reauestinl! a variance of 25 feet. The property is located at 6 Scotse Road and is identified as Tax Grid No. 6157-02-950742 in the Town of Wappinger. ~ Appeal No. 07-7338 JP Morl!an Chase Bank - Seeking variances of Chapter 240 of the code the Town ofWappinl!er in an HB (Highway Business) Zoning District. 1- Where a front yard setback of 75 feet is reauired from a County/State Hil!hway, the applicant is proposing a front yard setback of 38 feet from Route 9. thus reauestinl! a variance of 37 feet from Section 240, Attachment 4 of the code of the Town of Wappinger. 2- Where 75 feet is reauired on a corner lot for a front yard setback from a County/State Hil!hway. the applicant is proposing a front yard setback of 49 feet from the Myers Corners side of the property. thus reauestinl! a variance of26 feet from Section 240, Attachment 4 and 240-2 I (C)ofthe code of the Town of Wappinger. 3- Where a rear yard setback of 30 feet is reauired, the applicant is proposing a rear yard setback of 27 feet for the proposed drive-thru. thus reauestinl! a variance of 3 feet from Section 240, Attachment 4 of the code of the Town of Wappinger. 4. Where 27 parkinl! spaces are reauired for this bankinl! office. the applicant is proposing 24 vehicle spaces, thus reauestinl! a variance of3 parkinl! spaces from Section 240-97 of the code of the Town of Wappinger. 5. Where 25 feet setback is reauired for freestandinl! sil!ns, the applicant can provide 0 feet, thus reauests a 25 foot variance from Section 240-29(F)(2)(a) of the code of the Town of Wappinger. 6. Where 0.5 Foot Candle at the property line is the maximum allowed in the town code, the applicant is proposing 1.5 Foot Candles at the property line, thus reauestine: a variance for 1 Foot Candle from Section 240-23ofthe code ofthe Town of Wappinger. The property is located at 1460 Route 9 and is identified as Tax Grid No. 6157-02-650897 in the Town of Wappinger. Discussions: \.. Appeal No. 07-7341 Michael & Teresa Boice- Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District. -Where a rear yard setback of 40 feet is reauired, the applicant is proposinl! a rear yard setback of 16 feet. to allow for a 21' X 21' in-ground pool, thus reauestinl! a variance of 24 feet. The property is located at 11 So. Fowlerhouse Road and is identified as Tax Grid No. 6157-04-561228 in the Town of Wappinger. 1 '-" \...r \... Town of Wappinger Zoning Board of Appeals MINUTES Town of Wappinger Zoning Board of Appeals March 27,2007 Summarized Minutes Members: Page 1 Minutes of March 27, 2007 Town Hall 20 Middlebush Road Wappinger Falls, NY Mr. Fanuele, Chairman Ms. McEvoy-Riley Member Mr. DellaCorte, Member Members Absent: Mr. Prager, Others Present: Mrs. Lukianoff, Mrs. Roberti, Mr. Caviglia V ice-Chairman Zoning Administrator Secretary Special Counsel 1,'IIr-.JUTES A.P~'ROVED A~DI' I) . I \ t.. ;&; SUMMARY Public Hearine:s: Robert & Sharon Polidore lP Morgan Chase Bank Discussions: Michael & Teresa Boice - Variance granted. -Five variances granted, one withdrawn. -Public Hearing on April 10, 2007. . ~ ~ ~ \..... Town of Wappinger Zoning Board of Appeals Mr. DellaCorte: Ms. McEvoy-Riley: Vote: Mr. DellaCorte: Ms. McEvoy-Riley: Vote: Page 2 Minutes of March 27,2007 Motion to approve the minutes for March 13,2007. Second the motion. All present voted aye. Motion to approve the site minutes for March 17,2007. Second the motion. All present voted aye. Appeal No. 07-7339 Robert & Sharon Polidore- Seeking an area variance 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 proposine: a rear yard setback of 15 feet. to allow for a 20' X 32' above ground pool, thus reQuestine: a variance of 25 feet. The property is located at 6 Scotse Road and is identified as Tax Grid No. 6157-02- 950742 in the Town of Wappinger. Mr. DellaCorte: Mrs. Roberti: Mr. DellaCorte: Ms. McEvoy-Riley: Vote: Mr. Fanuele: Mr. Polidore: Mr. Fanuele: Ms. McEvoy-Riley: Mr. Fanuele: Mr. DellaCorte: Ms. McEvoy-Riley: Vote: Are the mailings in order? Yes they are. Motion to open the public hearing. Second the motion. All present voted aye. Swore in the applicant. This is an existing pool from 1985 that was put in the wrong spot. You're looking for a rear yard variance and we have done a site visit. We see you have a fence along the rear and one side. The neighbor behind you also has a fence. Anyone on the board with a question? (No.) Is there anyone in the audience with a question? Hearing none. Motion to close the public hearing. Second the motion. All present voted aye. Town of Wappinger Zoning Board of Appeals Page 3 Minutes of March 27,2007 ~ Ms. McEvoy-Riley: Motion to grant the variance. This will not cause an undesirable condition or an adverse impact. There really is no other place for the pool and it is already there. This is self-created and substantial. Second the motion. Ms. McEvoy-Riley: Aye. Mr. DellaCorte: Aye. Mr. Fanuele: Aye. Mr. DellaCorte: Roll Call: Appeal No. 07-7341 Michael & Teresa Boice- Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District. - Where a rear yard setback of 40 feet is required, the applicant is proposine: a rear yard setback of 16 feet. to allow for a 21' X 21' in-ground pool, thus reQuestine: a variance of 24 feet. The property is located at 11 So. Fowlerhouse Road and is identified as Tax Grid No. 6157-04-561228 in the Town of Wappinger. ~ Mr. Fanuele: This is just a discussion so you just have to tell us what you're looking for. Mr. Boice: We would like to put in an in ground pool in the same spot that our AG pool was. Our AG pool collapsed last spring. Mr. Fanuele: So you're looking for a 24 foot variance? Mr. Boice: We would like the pool a comfortable distance from the house and no variance will be needed on either side. Behind us is a hill with Executive Park Business Center above us. Mr. Fanuele: We will come out this Saturday to see your yard and if you could place stakes to show the property line. Mr. Boice: The stakes are already there. Mr. Fanuele: Fine. Your public hearing will be on April 10, 2007. Mr. Boice: Thank you. \..,... Town of Wappinger Zoning Board of Appeals Page 4 Minutes of March 27,2007 '-" Appeal No. 07-7338 JP More:an Chase Bank - Seeking variances of Chapter 240 of the code the Town of Wappine:er in an HB (Highway Business) Zoning District. 1- Where a front yard setback of 75 feet is reauired from a County/State Hie:hwav, the applicant is proposing a front yard setback of 38 feet from Route 9. thus reauestine: a variance of37 feet from Section 240, Attachment 4 of the code of the Town of Wappinger. 2- Where 75 feet is reauired on a corner lot for a front yard setback from a County/State Hie:hwav. the applicant is proposing a front yard setback of 49 feet from the Mvers Corners side of the property. thus reauestine: a variance of26 feet from Section 240, Attachment 4 and 240-21 (C)ofthe code of the Town of Wappinger. 3- Where a rear yard setback of 30 feet is reauired, the applicant is proposing a rear yard setback of 27 feet for the proposed drive-thru. thus reauestine: a variance of 3 feet from Section 240, Attachment 4 of the code of the Town of Wappinger. 4. Where 27 parkine: spaces are reauired for this bankine: office. the applicant is proposing 24 vehicle spaces, thus reauestiDl! a variance of 3 parkin!! spaces from Section 240-97 of the code ofthe Town of Wappinger. 5. Where 25 feet setback is reauired for freestandine: sie:ns, the applicant can provide o feet, thus reauests a 25 foot variance from Section 240-29(F)(2)(a) of the code of the Town of Wappinger. '--' 6. Where 0.5 Foot Candle at the property line is the maximum allowed in the town code, the applicant is proposing 1.5 Foot Candles at the property line, thus reauestine: a variance for 1 Foot Candle from Section 240-230fthe code of the Town of Wappinger. The property is located at 1460 Route 9 and is identified as Tax Grid No. 6157-02- 650897 in the Town of Wappinger. Present: Greg Mapstone - Chazen' s Eric Romanyszyn - Architect Mr. DellaCorte: Ms. McEvoy-Riley: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Fanuele: Swore in the applicant. Mr. Mapstone: Went over the project for the board and the public. This project is currently before the PB and the new building will be nearly where the existing building is. The PB had asked us to move the building east to be more in line with the Greenway Principles. The lighting variance is due to the NYS A TM Law and we are limited to where we can put the lights. A large portion of the front on Route 9 belongs to the DOT so sign placement would be at our property line. The sign is a post sign 30 inches wide, 8 \....- inches deep and 12' 3" in height for a total of 25 sf. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of March 27,2007 \. Mr. Fanuele: Why do you need the sign here if they don't need it in Fishkill and at the bank across the street? I have a problem with that and also with the DOT and I think this should be resolved first. Mr. Mapstone: What the DOT is talking about is a medium in the middle of Myers Comers Road and they won't bulge in giving their approval. Mr. Fanuele: So I would have to get on Route 9 and go north to turn to go south? Mr. Mapstone: Correct. You'd have to cross over Route 9. At this time a discussion took place as to the DOT's objections and what the applicant is proposing. Mr. Fanuele: Is there anyone in the audience with a question or a comment? Hearing none. At this time I would like to reserve judgment until the DOT and the applicant have reached an agreement. \..- Mr. Caviglia: The letter dated March 26, 2007 from the DC Planning Association says that they don't have any objections except for a detailed landscaped plan. The law requires that if the DC Planners vote against a project then you need a majority plus one to pass a vote. The DPW under the law doesn't bind the board in their action. If they don't get permits then that is between the applicant and the DPW. The DC Planners clearly does not object. Mr. Fanuele: If we were to take all six variances individually I fear they won't all get approved. Mr. Caviglia: The DCP doesn't object but requires a landscaping and lighting plan. Mr. Fanuele: I respect what the DPW says since they have more experience than me. Mr. DellaCorte: That sign is the name Chase going up and down? Mr. Romanyszyn: Yes. Mr. Fanuele: I don't believe they need a sign. The bank across the street has been in business 30 years without a sign. ~ Town of Wappinger Zoning Board of Appeals '-' Mr. Mapstone: Mr. Fanuele: Mrs. Lukianoff: Mr. Mapstone: Mrs. Lukianoff: Mr. Fanuele: Mr. Mapstone: Mr. Fanuele: '-' Mrs. Roberti: Ms. Mendez: Mr. Fanuele: Ms. Mendez: Mr. Mapstone: Mr. Fanuele: Mr. Mapstone: Mr. DellaCorte: Mr. Mapstone: '-' Page 6 Minutes of March 27, 2007 So it sounds like you don't like the sign. So don't put it up. The one that is there right now does not require a variance, it has a valid sign permit. The only reason you are asking for a variance is to change the location. If we withdraw the variance request for the sign could we still use the sign that is there? Yes. That sounds fair to me. Now I have no conception of what 0.5 foot candles is. 0.5 is very dark, like the light you see when your putting the key in your car at night. Did the planner see this Barbara? Yes they did and it is also part of the NYS ATM Law. Mr. Mapstone showed and explained the lightingfor the ZBA. Joelle Mendez, 3 Cow Pass, Hopewell Junction. What is the lighting problem? As a female I would want more lighting. We agree you need to have lighting. Are you only putting light at the property line? We also have a lot of light at the ATM. Why is the ATM put there? The planning board wanted it there. Can people get to the A TM from the woods? Probably but not easily and you are in your cars and you can lock your doors. Town of Wappinger Zoning Board of Appeals '-' Mr. Unterreiner: Mr. Fanuele: Mr. DellaCorte: Mr. Mapstone: Mr. Caviglia: Mr. Fanuele: Mr. Caviglia: ~ Mr. Fanuele: Mr. Caviglia: Mr. Mapstone: Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Ms. McEvoy-Riley: Mr. DellaCorte: Roll Call: '-' Page 7 Minutes of March 27,2007 Steven Unterreiner, 16 Cedar Mill Loop. I am the owner of the building. The grade goes down quite a few feet. The Mobil station doesn't seem to have a problem with their cars crossing Myers Corners Road. On Route 9 the third lane is very slow most of the time so people would have time to turn in and the sign they are proposing is not bigger then the one I have now. No its not bigger but it would be higher. So you will have a landscaping plan? Yes but before I spend the time on it I want to make sure the building is set. That is really a PB issue but you can put in a stipulation that the landscaping plan has to be acceptable to the PB. So we are not beholden to the DPW? Correct. So we can act on this tonight? Yes. I will withdraw the application number 5 for the variance for the SIgn. Motion to close the public hearing. Second the motion. All present voted aye. I make a motion to grant variance numbers 1,2,3,4 and 6 with number 5 withdrawn. Some are not substantial or detrimental to the environment. Some are substantial in size but I don't believe they will have an adverse affect on the area and this property is unique to the neighborhood and this is self-created. We will add the following conditions: 1. A landscape plan will need to be approved by the PB. 2. A pork chop drawing is to be submitted to the PB for the right in and right out on Myers Corners Road. Second the motion. Ms. McEvoy-Riley: Aye. Town of Wappinger Zoning Board of Appeals ~ Mr. Unterreiner: Mr. Fanuele: Mr. DellaCorte: Mr. Mapstone: Mr. Caviglia: Mr. Fanuele: Mr. Caviglia: \.., Mr. Fanuele: Mr. Caviglia: Mr. Mapstone: Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Ms. McEvoy-Riley: '-" Mr. DellaCorte: Roll Call: Page 7 Minutes of March 27,2007 Steven Unterreiner, 16 Cedar Mill Loop. I am the owner of the building. The grade goes down quite a few feet. The Mobil station doesn't seem to have a problem with their cars crossing Myers Comers Road. On Route 9 the third lane is very slow most of the time so people would have time to turn in and the sign they are proposing is not bigger then the one I have now. No its not bigger but it would be higher. So you will have a landscaping plan? Yes but before I spend the time on it I want to make sure the building is set. That is really a PB issue but you can put in a stipulation that the landscaping plan has to be acceptable to the PB. So we are not holden to the DPW? No. So we can act on this tonight? Yes. I will withdraw the application number 5 for the variance for the SIgn. Motion to close the public hearing. Second the motion. All present voted aye. I make a motion to grant variance numbers 1,2,3,4 and 6 with number 5 withdrawn. Some are not substantial or detrimental to the environment. Some are substantial in size but I don't believe they will have an adverse affect on the area and this property is unique to the neighborhood and this is self-created. We will add the following conditions: 1. A landscape plan will need to be approved by the PB. 2. A pork chop drawing is to be submitted to the PH for the right in and right out on Myers Corners Road. Second the motion. Ms. McEvoy-Riley: Aye. Town of Wappinger Zoning Board of Appeals '-' Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Ms. McEvoy-Riley: Mr. DellaCorte: Vote: Meeting ended at 9:00 PM \... \..- Page 8 Minutes of March 27,2007 Mr. DellaCorte: Mr. Fanuele: Aye. Aye. I make a motion to move the meeting on May 220d to Wednesday, May 30, 2007. Second the motion. All present voted aye. Motion to adjourn. Second the motion. All present voted aye. Respect~}llly SUbmitteYj.. ." - ~n~ /aLtt. ;flU&l%7 B~ ~rti, Secretary Secretary - Zoning Board of Appeals