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07-7338 , , TOWN OF WAPPINGER ZONING BOARD OF APPEALS SUPERVISOR JOSEPH RUGGIERO ZONING BOARD OF APPEALS 20 MIDDlEBUSH ROAD WAPPINGERS FAllS, NY 12590 (845) 297-1373 TOWN COUNCIL WilLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOlONI RECE'VE'.J MAR 29 2007 TOWN CLERK March 27,2007 To: Chris Masterson Town Clerk From: Barbara Roberti, Secretary Town of Wappinger Zoning Board of Appeals Re: IP Morgan Chase Bank Decision Appeal No. 07-7338 Attached you will find the original Application/Decision & Order for the IP Morgan Chase Bank Site Plan, 1460 Route 9, Wappinger Falls, NY., Tax Grid No. 6157-02-650897. I would appreciate it if you would file these documents. Attachments cc: Greg Mapstone, Chazen's Engineering Zoning Board Town File T own Attorney Building Inspector Planning Board Town Planner .. , . Town of Wappinger P.O. Box 324 - 20 Midd I ebU5h Road Wappinger5 Fa II 5, NY 12590 Zoning Board of Appeals Office: 845.297.1373 - Fax: 845.297.4558 Zoning Enforcement Officer Office: 845.297.6257 www.townofwappinger.us ~ App!ication for an Area Variance Appeal # 0-1 - 7338 Dated: 6.\-=).Di- -TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: I (We'J, JPMorganChase residing at 575 Washington Blvd 4th Floor Jersey City. NJ 07310 , 2.Q.l-..5..25 5199 (phone), hereby appeal to the Zoning Board of Appeals from the decision/action of the Zoning Administrator, dated 0//1 '1/07 . 200-L, and do hereby apply for an area variance(s). Premises located at 1460 Route 9 Tax Grid # 135689-6157-02-650897 Zoning District Highway Business (HB) 1. Record Owner of Property Stefan J. Unterreiner Address 1045 Park Street, Peekskill. NY 10566 Phone Number845 .297. 0111 () () . I . Owner Consent: Dated: 06/15/06 Signature: .J.P~.Jl...A--rv Printed: 1.~~~5 / 2. Variance(s) Request: Variance No.1 I (We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following requirements of the Zoning Code. Article III 240-Attachment 4 (miniml1m RPtn,gr'k frnm r.nl1nty nr ~t,qtp Highway) (Indicate Article, Section, Subsection and Paragraph) Required: 75FT Applicant(s) can provide: 'l R 1<''T' Thus requesting: variance of 37 FT To allow: Fip.tn,gr'k nf "lR FT TOW022ZBA.AAV (4.03 Rev) loH Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. Variance No.2 I (We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following requirements of the Zoning Code. Artic1e TII 240-Art~rnmenr 4 ~ Artirle V ~prtinn ?40-?1 (C) (corner (Indicate Article, Section, Subsection and Paragraph) Required: 7') FT Applicant(s) can provide: Thus requesting: To aiiow: lot) 49 FT vRriRnrp nf ?fi FT sptbark of 49 FT Artlcl~ V 3~~Lluu 240-23 t d Article III 240-Attachment 4 (Rear Yard Setback)' Additional Variances reques e . . Article X Section 240-97 & Article V Section 240-29(F) 3. Reason For Appeal (Please substantiate the request by answering the following questions in (2) (a) detail. Use extra sheet, if necessary): A. If your variance(s) is(are) granted, how will the character of the neighborhood or nearby properties change? Will any of those changes be negative? Please explain your answer in detail. Nn See ~tr~rned Addend,m B. Please explain why you need the variance(s). Is there any way to reach the same result without a variance(s)? Please be specific in your answer. No. See attached Addendum. C. How big is the change from the standards set out in the zoning law? I s the requested area variance(s) substantial? If not, please explain, in detail, why it is not substantial. See attached Addendum. D. If your variance(s) is (are) granted, will the physical environmental conditions in the neighborhood or district be impacted? Please explain, in detail, why or why not. No. See attached Addendum. TOW022.ZBA-AA V (4-03 Rev) 2 of 4 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please explain your answer in detail. SP.8 ilttilrr1Pn Annpnnl1m F. is your property unique in the neighborhood that is needs this type of variance? Pieasf:l explain your answer in detail. Yes. Sep. ilttildlp.n ArJnpnnl1m 4. List of attachments (Check applicable information) () Survey Dated Prepared by Last Revised and Plot Pia n Dated Photos (X) Drawings Dated 02/27/07 (x) Letter of Communication which resulted in application to the ZBA. (e.g., recommendation from the Planning Board/Zoning Denial) Letter from Tatiana Lukianoff Dated: 2/15/07 Letter from Dated: () Other (please list): 5. Signature and Verification Please be advised that no application can be deemed complete unless signed below. The applicant hereby states that all information given is accurate as of the date of application. l~ ~~~v) CO Nf~(\\~YTED: ~ 1.:)"1 { 0, &u'l~--d .3 t J3}OI S1GNI\TURE <~ S itvtl/''.A..1 OR v..t (Appellant) SIGNATURE DATED: (If more than one Appellant) TOW022 .ZBA-AA V (4-03 Rev) 3 of 4 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. FOR OFFICE USE ONLY 1, The requested variance(s) ( ) WILL / ~) WILL NOT produce an undesirable change in the character of the neighborhood, ( ) YES / (x) NO, Substantial detriment will be created to nearby properties. 2, There ( ) :S(ARE) / (X) IS(ARE) NO othei feasible methods available for you to pursue to achieve the benefit you seek other than the requested variance(s). 3. The requested area variance(s) ( ) IS(ARE) / ( ) IS(ARE) NOT substantial(2 are and 3 are not) 4. The proposed variance(s) ( ) WILL / :f( ) WILL NO,T have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5, The alleged difficulty (X) IS / ( ) IS NOT self-created. 6, The property ( ) IS / {X) IS NOT unique to the neighborhood. Conclusion: Therefore, it was determined the requested variance Be (X) GRANTED () DENIED. Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution of the Board as part of the action stated above: The Zoning Board of Appeals has voted to grant the following variances: I. Where a front yard setback of75 is required from Route 9, the applicant can provide 38 feet, thus a variance of 37 feet was granted. 2, Where a front yard setback of75 is required from Myers Comers Road, the applicant can provide 49 feet, thus a variance of 26 feet was granted. - 3. Where a rear yard setback of30 is required, the applicant can provide 27 feet to the proposed drive-thru, thus a 3 foot variance was granted 4, Where 27 parking spaces are required, the applicant can only provide 24 spaces, thus a variance of 3 parking spaces was granted. 5, Where 0.5 foot candles is the maximum allowed at the property line, the ~plicant can provide 1.5 foot candles at the _ property line, thus a variance for I foot candle was granted. - The application for a sign variance was withdrawn at the public hearing by Mr. Mapstone for his client. (X) Findings & Facts Attached. DATED: March 27. 2007 ZONING BOARD OF APPEALS TOW~LPPINGER. NEW VORK BY:~ /~~ (Chairman) PRINT: VI ~fl. L_ F;4NL/I=tE TOW022 ,ZBA.AA V (4.03 Rev) 4 of 4 ADDENDUM TO ZONING BOARD OF APPEALS APPLICATION TOWN OF WAPPINGER JPMorganChase - PROPOSED BANK ONE Area Variances: Front Yard Setbacks (Corner Lot), Rear Yard Setback, Minimum Parking Spaces, Setback of Freestanding Sign & Lighting Requirements REASONS FOR APPEAL INTRODUCTION The Applicant, JPMorganChase, is proposing the demolition of the existing retail/office building and the construction of a 3,995::1: s.f. bank on a 0.88::1: acre parcel of land located at 1460 Route 9 in the Town of Wappinger. The 0.88::1: acre parcel is identified as parcel number 135689-6157-02-650897 on the Town of Wappinger Tax Map and is owned by Stefan Unterreiner. The site presently contains a specialty retail store (Creative Kitchens) and an insurance company office. The project area is situated in the Highway Business (HB) Zoning District as desig~ated by Town of Wappinger Zoning Map. A bapk_is a permitted principal use in the Highway Business Zoning District, and the proposed site plan complies with most of the requirements of the Town of Wappinger Zoning Code. However, due to the site's location on both a County and State road as well as the presence of a portion of a New York State Department of Environmental Conservation (NYSDEC) wetland in the southern portion of the site and along the eastern property line, the area of the site available for redevelopment is limited. Based on Chapter 137 of the Town Code which regulates activity within 100 feet of a wetland, a Town wetland permit will be required. According to correspondence from the Town of Wappinger Zoning Administrator dated February 15, 2007, the proposed project requires variances from the minimum setback requirements from both Route 9 and CR 93, the minimum rear yard requirement, lighting requirements, and the minimum setback of a freestanding sign. In addition to the variances listed in the Zoning Administrator's letter, the Planning Board's recommendation as to the location of the bank building within the project parcel results in the need for an additional access to the building, which increases the building floor area and thus the required number of parking spaces, resulting in the need for a variance from the minimum required number of parking spaces. Within her correspondence, the Zoning Administrator acknowledges that since 1970, the parcel size has been reduced due to State and County road takings. The lot size and lot width are existing non-conformances. The proposed site plan does not differ significantly from the current site layout. Thus, impacts associated with the proposed development of the site are expected to be similar or less than impacts resulting from the site as it exists. The Chazen Companies February 27, 2007 Revised March 13, 2007 Bank One - Town of Wappinger Addendum to Application to Zoning Board of Appeals Page 2 of 10 Setbacks The proposed site layout results in a front yard setback of 38 feet from Route 9 and a setback of 49 feet from CR 93. Since the minimum required setback from a County or State road is 75 feet per Section 240 Attachment 4 the Applicant requests variances for each of these proposed setbacks. The existing building is also non-conforming in regard to these setbacks, with setbacks of 62 feet from Route 9 and 57.5 feet from CR 93. The Planning Board requested that the proposed drive-thru be moved to the rear of the hll;lrl;nCT at tho no",thoa"t n""''''ne''' uTh;nh ",orl"nn" thn ",n",... H",...r1 "nthnnl,.. tn ')'7 f'Ant \.IA..&. U\..l..L.L\A......I..&.b uv v.&.....'--' .L.a.. .L \J.......vuu \".IV.&..I....., '" ......I..J.'-'J..&. .L\";\A."V\...lO \JJ,..I.\...I .L\.,...U.L J Ll.1.\A. OV\JUU\..I.O.. l>V ~ I .LvvlJ. Since the minimum required rear yard setback is 30 feet, the Applicant requests a variance from the Zoning Board of Appeals. The main portion of the proposed building is set back 46 feet from the rear property line at its closest point, and thus exceeds the minimum required rear yard setback. The existing building is 40.4 feet from the rear property line. Parking Spaces According to Section 240-97 of the Town of Wappinger Zoning Code, a banking office requires 10 spaces plus 1 space for each employee, plus 4 additional spaces for each person in excess of 2 acting as tellers, including waiting space for drive-in window, or 1 for each 150 square feet of gross floor area, whichever is less. The proposed bank will employ ll:i: persons, with a maximum of five tellers at anyone time, which would result in 33 required spaces. The required number of parking spaces calculated using the floor area of the bank (3,995:i: s.f.) is 27 parking spaces. Since the Code instructs the Applicant to use the lesser of the two calculations, the required number of parking spaces is 27 spaces. The proposed site plan provides only 24 parking spaces, which does not meet this requirement. The Applicant requests a variance of 3 spaces from the Zoning Board of Appeals. Freestanding Sign Location The small amount of lawn area along the front parcel line limits the location for a freestanding sign; thus, the proposed sign location requires a variance from the minimum setback of 25 feet for a freestanding sign. An additional 34 feet to 37 feet of lawn and sidewalk area exists between the parcel line and Route 9, resulting in the proposed sign actually being located 34 feet from Route 9. Thus, the sign is located a sufficient distance from the highway itself. The Chazen Companies February 27, 2007 Revised March 13, 2007 Bank One - Town of Wappinger Addendum to Application to Zoning Board of Appeals Page 3 of 10 Lighting Chapter 75 of the NYS Banking Law requires mmlmum illuminance for an indoor ATM facility of 2 footcandles in all unobstructed distances from the facility for 30 feet, and 1 footcandle in all unobstructed distances from the facility for 60 feet. This requirement may result in illuminance measurements of up to 1.5 footcandles at the property line at some locations. The Town of Wappinger Code provides for a maximum illumination at the property line of 0.5 footcandle. The Applicant will adjust the proposed lighting in an attempt to meet the Town's zoning requirement. However, due t" tho l",,<:>t~"n "f tho ~'T'l\/r ""........nl~<:>n"o uT~th tho 'T'"uTn'", Zon~ng 0"do rl"'l<:>H n"t h" lIV lJJ..Lv .LU\..I(A. l,J.LUJ.J. U.L lJ.&.J.v .L ~.J.. ....,.&., vv.J..&..I.p....LLt..I..I.\..I\..;- ,,, .1.\.1.1..1. lJJ.J.v ..L v"....... ..:7 .........1..1..1. '-/V \....- .L.l..Lu.y .I..J.VlI U\." possible without compromising the safety of the bank's customers. Table 1 provides a summary of the proposed site plan's compliance with the Town of Wappinger Zoning Code. Table 2 provides details of the requested area variances. The Chazen Companies February 27, 2007 Revised March 13, 2007 Bank One - Town of Wappinger Addendum to Application to Zoning Board of Appeals Page 4 of 10 TABLE 1- SUMMARY OF COMPLIANCE OF PROPOSED SITE PLAN WITH ZONING CODE 'ZONING REQUIREMENT I REQUIRED FOR I EXISTING PROPOSED ~'H' _ _, _, , ,__" ,~_.~ ~.'-~,_ _ HEJ DIST~~CI_ __"~ ." _ _.._ __ ____'-_ _, __. _ . . _ .1 . MINIMUM LOT WIDTH MINIMUM LOT DEPTH MINIMUM STREET FRONTAGE 150 FT 200 FT 150 FT 0.88:1: ACRES OR 38,292:1: SF1 264:1: FT 146:1: FP 381:1: FT 0.88:1: ACRES OR 38,292:1: SF1 264:1: FT 146:1: FTI 381:1: FT MINIMUM LOT AREA 2 ACRES MINIMUM YARDS FRONT FROM COUNTY/STATE HIGHWAY 75 FT NA 38:1: FT (US Rt 9)2, 49:1: FT (CR 93)2 SIDE3 10 FT NA 141:1: FT REAR3 30 FT NA 27:1: FT2 BUILDING FOOTPRINT NA NA 3,955:1: SF FLOOR AREA MAXIMUM BUILDING COVERAGE NA NA 3,955:1: SF 25% NA 10.7:1:% MAXIMUM FLOOR AREA RATIO 0.4 NA 0.107 MAXIMUM IMPERVIOUS SURFACE 75% 64% 57% MINIMUM LANDSCAPED OPEN SPACE 25% 32.4% 25.3% MAXIMUM BUILDING HEIGHT 2.5 STORIES / 35 FT 10, PLUS 1 FOR EACH EMPLOYEE, PLUS 4 ADD'L FOR EACH PERSON IN EXCESS OF 2 TELLERS, INCLUDING WAITING SPACE FOR DRIVE-IN OR 1 FOR EACH 15 SF GFA, WHICHEVER IS LESS 25 FT NA 1 STORY (20.5:1: FT) MINIMUM NUMBER OF PARKING SPACES NA 24 SPACES (27 REQUIRED)2 MINIMUM SETBACK FOR FREESTANDING SIGN FROM FRONT, SIDE OR REAR LOT LINE Exterior Lighting Illumination Beyond the Property Line NA OFP 0.5 footcandles Undetermined Maximum 1.5 footcandles at property line 1 EXISTING NON-CONFORMANCE. 2 A VARIANCE FROM THE ZONING BOARD OF APPEALS IS REQUESTED. 3 WHERE A LOT ABUTS LAND IN A RESIDENTIAL DISTRICT, THE MOST RESTRICTIVE SIDE YARD SETBACK OR REAR YARD SETBACK REQUIREMENT OF EITHER DISTRICT SHALL GOVERN. THIS PARCEL DOES NOT ABUT A RESIDENTIAL DISTRICT. The Chazen Companies February 27,2007 Revised March 13, 2007 Bank One - Town of Wappinger Addendum to Application to Zoning Board of Appeals Page 5 of 10 TABLE 2 - SUMMARY OF REQUESTED VARIANCES REQUIREMENT CODE REQUIRED PROPOSED VARIANCE' ; SECTION REQUESTED' ~--~------ ----~~---~-----------~ Minimum Front Yard Setback from 240- 75 FT 38 FT 37 FT County/State Highway Attachment 4 (US Rt 9) Minimum Front Yard Setback from 240- County/State Highway and Yard Attachment 4 75 FT 49 FT 26 FT and (CR 63) Requirements On Corner Lots 240-21(C) Minimum Rear Yard Setback 240- 30 FT 27 FT 3 FT Attachment 4 Minimum Parking Spaces 240-97 27 Spaces 24 Spaces 3 Spaces Minimum Setback for Freestanding 240-29(F) Sign from Front, Side or Rear Lot (2)(a) 25 FT OFT 25 FT Line Exterior Lighting Illumination 0.5 Footcandles Maximum of 1.5 240-23. Footcandles at 1 Footcandle Beyond the Property Line Maximum Property Line REASONS FOR APPEAL Per Town of Wappinger Code Chapter 240 Zoning ARTICLE XII Enforcement and Administration Section 240-107, Zoning Board of Appeals, B(2)(b)[2] Area variances, [aJ In making its determination on an application for an area variance, the Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider: [i] Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. Setbacks The area surrounding the site to the north and south along Route 9 is a highly commercialized area, and the front setback of many of the existing businesses to their respective property lines along Route 9 do not meet the minimum requirement of 75 feet. The existing building is located 62 feet from Route 9 and 57.5 feet from CR 93, so the existing building is also non-conforming. An The Chazen Companies February 27, 2007 Revised March 13, 2007 . . Bank One - Town of Wappinger Addendum to Application to Zoning Board of Appeals Page 6 of fO additional 34 to 37 feet of lawn and sidewalk area exist between the project parcel boundary and Route 9, and an additional 8 feet of lawn and sidewalk area exist between the parcel line and CR 93. The proposed site plan actually provides slightly more lawn area between the parking area and the road frontage along Route 9 than currently exists, since the site currently has no lawn area within the parcel line along most of the road frontage. The Planning Board requested that the proposed drive-thru be moved to the rear of the building at the northeast corner, which reduces the rear yard setback of the drive-thru to 27 feet. The main portion of the building is located 46 feet from the l""H'f nl"nnOl"tu l~no ot l'to ,-.lnoost nn~Y1t HTh~'-'h HTnll1rl ev,-.oorl tho "'o"'"~"'''''d Q() f,..."t ~"",,,L4. 1-'..........,y"-'.....\.I.} ...........&.'"-'.......v VI.J v.....vuv v l"v...........I.V, ~,...L......L'-'.L.&. ',"V\,.C..L\.A. .t"'vvv\A. lJ......I.\...< '&''-''i.".L.1..\...< UV J...VVl.i rear yard setback, and is similar to the setback of the existing building (40:1: feet from the rear property line). Although the adjacent property to the west contains a two-family residence, this adjacent property is not zoned residential, and the NYSDEC wetland provides a large buffer between the project site and the residential structure. Parking Spaces The Planning Board's recommendation as to the location of the bank building within the project parcel results in the need for an additional access to the building, which increases the building floor area and thus the required number of parking spaces. Prior to this revision, the proposed site plan did not require a variance for parking, and the proposed revision will not affect the number of customers or employees at the bank. In addition to the 24 provided parking spaces, some vehicles will be accommodated by the drive-thru lane. Freestanding Sign Location The project parcel as it exists contains no lawn/landscaped area within the parcel boundary along Route 9. The proposed site plan provides up to 10 feet of lawn area with some landscaping within the parcel line. The small amount of lawn area along the front parcel line limits the location for a freestanding sign. Since an additional 34 feet to 37 feet of lawn and sidewalk area exists between the parcel line and Route 9, the proposed sign is actually located 34 feet from Route 9. Thus, the sign is located a sufficient distance from the highway itself. Lighting The Applicant is currently modifying the lighting plan to attempt to reduce illuminance at the property line. However, due to the State ATM lighting requirements, some locations may still exceed the maximum illumination of 0.5 footcandles at the property line as per the Town zoning code. The proposed light The Chazen Companies February 27, 2007 Revised March 13, 2007 . . Bank One - Town ajWappinger Addendum to Application to Zoning Board oj Appeals Page 70j/0 fixtures will be designed to reduce glare onto nearby properties as much as possible to minimize potential impacts from lighting. Therefore, the granting of the requested variances will not result in an undesirable change in the character of the neighborhood or a detriment to nearby properties. Iii] Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance. No. The location of the site along two major road\vays along \vith the proximity to NYSDEC wetlands limits to the rear and south limit the options with regard to layout of the proposed building. Additionally, since 1970, the parcel size has been reduced due to State and County road takings, further limiting the space available for redevelopment of the site. The location of the proposed bank is similar to the location of the existing building within the property. The Planning Board's request to move the drive-thru to the rear of the building results in the need for a variance from the minimum required rear yard setback. The Planning Board's recommendation as to the location of the bank building within the project parcel results in the need for an additional access to the building, which increases the building floor area and thus the required number of parking spaces. Thus, some of the requested variances are necessary in order to accommodate the Planning Board's requested revisions to the site plan. The requested variance related to lighting is due to NYS requirements for lighting of ATM facilities. In order to meet these requirements, the illumination measurements at some locations along the property line may be between 0.5 and 1.5 footcandles. Compliance with the Town's lighting standards would compromise the safety of the bank customers. {iii] Whether the requested area variance is substantial in relation to the requirement. Setbacks The requested variances for the proposed setbacks from Route 9 and CR 93 are only 49::!:% and 35::!:%, respectively, of the minimum required setback of 75 feet. The location of the proposed bank on the project parcel is not significantly different than the location of the existing building on the parcel. Further, an additional 34 to 37 feet of lawn and sidewalk area exists between the parcel boundary and Route 9, and an additional 8 feet of lawn and sidewalk area exists between the parcel line and CR 93. The Chazen Companies February 27, 2007 Revised March 13, 2007 Bank One - Town afWappinger Addendum to Application to Zoning Board of Appeals Page 8 of J() At the Planning Board's request, the proposed drive-thru has been moved to the rear of the building at the northeast corner, which reduces the rear yard setback of the drive-thru to 27 feet. The main portion of the building is located 46::I: feet from the rear property line at its closest point, which exceeds the required 30 foot rear yard setback, and is similar to the existing building's setback 40.4 feet from the rear property line. The requested variance is only 3 feet, which represents only 10% of the required setback. Although the adjacent property to the west contains a two-family residence, this adjacent property is not zoned residential, and the NYSDEC wetland provides a large buffer between the project site and the residential structure. Parking Spaces The requested variance of 3 parking spaces from the required 27 parking spaces represents only 11% of the required parking. The proposed site plan results in slightly more lawn area between the parking area and the two road frontages than the site as it exists. Prior to this revision, the proposed site layout did not require a variance for parking, and the proposed revision will not affect the number of customers or employees at the bank. . Freestanding Sign Location Although the requested variance for the proposed sign location represents the entire setback requirement, an additional 34 to 37 feet of lawn and sidewalk area exist between the property boundary and Route 9 within the NYSDOT right-of- way; thus, the actual setback from Route 9 is greater than the 25 feet minimum setback requirement. Lighting Chapter 75 of the NYS Banking Law provides minimum lighting requirements for an ATM facility. The proposed ATM location and required lighting associated with ATM's may result in illumination measurements of up to 1.5 footcandles along portions of the property line, which exceeds the Town's maximum illumination of 0.5 footcandles along any property line. The proposed lighting fixtures will be designed to minimize glare on adjacent properties. Therefore, the requested variances are not considered substantial. The Chazen Companies February 27, 2007 Revised March 13,2007 Bank One - Town of Wappinger Addendum to Application to Zoning Board of Appeals Page 9 of 10 [iv] Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Setbacks The area surrounding the site to the north and south along Route 9 is a highly commercialized area, and the front setback of many of the existing businesses along Route 9 do not meet the minimum requirement of 75 feet. The existing building is located 62 feet from Route 9 and 57.5 feet from CR 93, so the existing hll;l,.1;ncr is "1",,, non_r>"nf"~1"YIincr A,..., ",.1,.1iti"""'''1 Q1 t" Q7 foot "f 1anr,..., ",...,,.1 ",i,.1onr" llr U\.4.........'-4..&..L b.L lA..L\..,)V.&..1. .&..&. '""'V.........LV.L.....................b. .L.L....... lA.\,A.\.A..L\J.Lv.......L4. \J \.IV \J' .Lvvl.) V.L.L y,....... U.L.L\.A. ...:J"'\.A.'-"'U.L.L~ area exist between the project parcel boundary and Route 9. The proposed site plan actually provides slightly more lawn area between the parking area and the road frontage than currently exists along Route 9, since the site currently has no lawn area within the parcel line along much of the road frontage. The Planning Board requested that the proposed drive-thru be moved to the rear of the building at the northeast corner, which reduces the rear yard setback of the drive-thru to 27 feet. The main pDrtion of the building is located 46:i: feet from the rear property line at its closest point, which exceeds the required 30 foot rear yard setback, and is similar to the existing building's setback of 40.4 feet from the rear property line. Although the property which adjoins the project site to the east (rear) contains a two-family residence, the adjacent parcel is not zoned as residential, a NYSDEC wetland is located between the project site and the residential structure, which is located over 200 feet from the project parcel. Parking Spaces The Plann~ng Board's recommendation as to the location of the bank building within the project parcel results in the need for an additional access to the building, which increases the building floor area and thus the required number of parking spaces. Prior to this revision, the proposed site layout did not require a variance for parking, and the proposed revision will not affect the number of customers or employees at the bank. In addition to the 24 provided parking spaces, some vehicles will be accommodated by the drive-thru lane. Freestanding Sign Location The project parcel as it exists contains no lawn/landscaped area within the parcel boundary along Route 9. The proposed site plan provides up to 10 feet of lawn area with some landscaping within the parcel line. The small amount of lawn area along the front parcel line limits the location for a freestanding sign. An additional 34 feet to 37 feet of lawn and sidewalk area exists between the parcel The Chazen Companies February 27, 2007 Revised March 13, 2007 Bank One - Town of Wappinger Addendum to Application to Zoning Board of Appeals Page 10 of 10 line and Route 9, resulting in the proposed sign actually being located 34 feet from Route 9. Thus, the sign is located a sufficient distance from the highway itself. Lighting The Applicant is currently modifying the lighting plan to attempt to reduce illuminance at the property line. However, due to the State ATM lighting requirements, some locations may still exceed the maximum illumination of 0.5 footcandles at the property line as per the Town code. The proposed fixtures will be designed to reduce glare onto nearby properties as much as possible. Thus, the granting of the requested variances is not expected to adversely effect or impact the physical or environmental conditions in the neighborhood or district. {v] Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board but shall not necessarily . preclude the granting of the area variance. No. The location of the project site as a corner lot along two major roadways along with the proximity to a NYSDEC wetland to the east and south of the site limit the options in regard to layout of a commercial establishment, affecting minimum setbacks and maximum illumination measurements at the property line. Additionally, since 1970, the parcel size has been reduced due to State and County road takings, further limiting the space available for redevelopment of the site. Chapter 75 of the NYS Banking Law provides minimum lighting requirements for an ATM facility, which would not be attainable while complying with the Town's maximum permitted illumination at a property line. Thus, compliance with the Town's standards would compromise the safety of the bank customers. Lastly, the currently proposed layout of the site was recommended by the Planning Board, and results in the need for variances from the minimum required number of parking spaces (due to the request for two accesses to the building which resulted in a larger building footprint) and the minimum rear yard setback (due to the new drive-thru location). K 18180600.80700 I 80611 1 APPLlCA TIONS & SEQR IZBA - VARIANCES IZBA Addendum 20070313(dh).doc The Chazen Companies February 27, 2007 Revised March 13, 2007