99-7032 (2)
Premises:
"9~Q
DECISION ON APPLlCA liON FOR AREA V ARIANCES<- ~r. ~,~
(Appeal No. 99-7032) '<'.,... / V~
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Martin's Foods of South Burlington, Inc. ~~~d'~ ~ <:>
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Wappinger Plaza Shopping Center, U.S. Route 9, approximately"~
feet north of Myers Corners Road
Tax Grid Nos.: 19-6157-02-653974
Applicant:
By Application dated February 28,2000 (Appeal No. 99-7032), Martin's Foods of
South Burlington Inc. submitted an Area Variance Application for two variances from
the parking requirements of Section 240-96 and Section 240-97 of the Town of
Wappinger Code. Applicant requested two variances specifically:
A. Variance from the requirement of Section 240-96(B)(1) of the Town of
Wappinger Code reducing the size to 9' in width and 18' in length from the required
10' in width and 20' in length; and
B. A Variance from the total number of spaces required by Section 240-97
of the Town of Wappinger Code.
PUBLIC HEARING
A. A Public Hearing on this Application was opened on March 28, 2000,
which was adjourned to April 11, 2000, April 25, 2000 and again adjourned to and
closed on May 9,2000. At the Public Hearing, the following documents were
submitted into evidence:
1. Site plan entitled "Overall Amended Site Plan for Wappinger Plaza"
dated October 21, 1999, last revised February 29, 2000 (the "Site Plan").
2. A parking study dated January 18, 2000 prepared by Tectonic
Engineering Consultants, P.C. ("Tectonic"), as supplemented by additional parking
information prepared by Tectonic dated April 25, 2000.
3. Environmental Assessment Form and "supporting documentation"
dated January 18, 2000.
4. Traffic Impact Study dated January 31,2000 prepared by Creighton
Manning Engineering.
5. Letter from Tectonic dated May 4,2000 to the Zoning Board of Appeals.
6. A copy of a resolution of the Planning Board adopted April 17, 2000
entitled "Resolution of Negative Declaration of Significance" (the "Negative
Declaration").
7. A copy of a resolution of the Planning Board adopted April 17, 2000
entitled "Resolution of Site Plan Approval" (the "Site Plan Approval").
8. Letter from Jon Holden Adams, Esq. dated April 25, 2000 written on
behalf of Imperial Improvements.
9. A letter from the Zoning Administrator to the Zoning Board of Appeals
dated May 1, 2000 relative to the number of parking spaces required at the Project
Site.
;
10. A letter from the Planning Board to the Zoning Board of Appeals dated
May 8, 2000 recommending that the requested variances be granted.
11. A letter from applicant to the Zoning Board of Appeals dated 12/6/99.
12. Letter from Attorney Albert P. Roberts to Imperial Improvements dated
2/10/00.
13.
~
Letter from Wharton Realty Corp. dated 8/12/99.
14.
Letter from Dutchess County Planning Department dated December 6,
1999 to the Zoning Board of Appeals.
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15. A letter dated May 9, 2000 to the Zoning Board of Appeals from Jon
Holden Adams, Esq.
B. THE TESTIMONY SUBMITTED ON BEHALF OF THE APPLICANT
NOTED:
1. In 1994, the Zoning Ordinance of the Town of Wappinger required 736
parking spaces for the uses then on site.
2. A variance granted in March, 1994 reduced the required number of
parking spaces to 636.
3. The square footage of the building is being increased by 14,561 square
feet which, according the Town of Wappinger Code requirement of 1 space for every
150 square feet of gross retail floor area requires approximately 98 additional spaces.
4. There are presently located on site 648 spaces and the applicant can
provide an additional 7 spaces, for a total of 655 spaces.
5. The requested variance will reduce the required number of spaces from
734 to 655, a variance of 79 spaces.
C. The Planning board recommended in favor of granting the requested
variances.
D. Based on the information supplied and submitted at the Public
Hearings, the Zoning Board of Appeals makes the following findings:
FINDINGS
1. The Planning Board acted as "Lead Agency" for the purpose of
conducting the coordinated environmental review of the project as required by the
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State Environmental Quality Review Act and the Regulations promulgated thereunder
and the Wappinger Environmental Quality Review Law (collectively "SEQRA").
2. By Resolution dated April 17, 2000, the Planning Board of the Town of
Wappinger, as Lead Agency, adopted a Negative Declaration of Significance,
thereby determining that the proposed action would not result in a significant adverse
effect upon the environment.
3. By Resolution adopted April 17, 2000, the Planning Board of the Town
of Wappinger, pursuant to Section 240-95 of the Town of Wappinger Code,
authorized the continued use of the 9' wide parking spaces for all existing and
proposed parking spaces associated with the project on the grounds that:
A. Section 240-95 of the Town of Wappinger Code permits the
Planning Board to waive or vary the size of parking spaces, where the
proposed enlargement results in less than a 25% increase in the number of
existing parking spaces; and
B. 9' by 18' parking space dimensions are in excess of the minimum
recommended by the Institute of Traffic Engineers and the Urban Land
Institute.
4. The Planning Board of the Town of Wappinger further determined that
the requested reduction in the number of required parking spaces (655 in lieu of 734
per the Zoning Administrator's determination) is appropriate in light of the most recent
standards adopted by the Urban Land Ibstitute (ULI) and the Institute for
Transportation Engineers (ITE), and the total proposed number of parking spaces will
fall within the range of the recommended parking ratios promoted by these bodies. In
its discussion, the Planning Board also noted that the number of proposed parking
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spaces is less than the total number as would be required by the ratio as set out for
larger shopping centers in the Town of Wappinger Zoning Code (Section 240-97).
Although the Zoning Code restricts this requirement to shopping centers in excess of
200,000 square feet, the Planning Board believes that this parking requirement is
equally applicable to this shopping center, which is 120,535 square feet.
5. Based on the Planning Board's determination, the applicant has
withdrawn its application for a variance for parking space size (width and depth).
6. The applicant submitted a parking use survey dated January, 2000,
demonstrating that the number of available parking spaces in and around the
proposed expanded supermarket was in excess of 321 spaces at all times and that
that number of spaces provided a very high ratio of spaces to the square footage of
the supermarket.
7. In March, 1994, the Zoning Board of Appeals of the Town of Wappinger
granted a variance with regard to the premises, thereby reducing the required
number of parking spaces from 736 to 636.
8. The proposed expansion will increase the size of the shopping center
from 105,974 square feet to 120,535 square feet.
9. Pursuant to Section 240-97 of the Town of Wappinger Code, the
additional 14,561 square feet will require an additional 98 parking spaces.
10. The applicant can provide 655 spaces.
11. The 1994 variance is stillln full force and effect, and controls this
application.
12. The applicant's request for a variance seeks a reduction from the
required spaces of 734 to 655, that being a variance of 79 spaces.
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13. In reaching this decision hereinafter, the Zoning Board of Appeals
considered the following factors and made the following determinations:
1 a: Will the requested variance be detrimental to nearby properties?
Answer:
No. - The proposed number of parking spaces are within widely
accepted industry standards published by the Urban Land Institute and the Institute
of Traffic Engineers.
1 b. Will an undesirable change occur in the character of the
neig hborhood?
Answer:
No. - Nearby properties are predominantly retail and/or commercial.
2. Are there any alternative (feasible) methods to achieve the
benefit sought by Applicant?
Answer:
No. - The proposed parking has been designed to optimize the existing
site layout and available developable area.
3. Is the requested variance substantial?
Answer:
No. - The requested variance seeks approximately 11 % reduction in
the required number of spaces.
4. Will the variance cause adverse effects on the physical and/or
environmental conditions in the neighborhood or district?
Answer:
No. - The parking use survey dated January, 2000 demonstrates that
the number of available parking spaces in and around the proposed expanded
~
supermarket was in excess of 321 spaces at all times. In addition, the Planning
Board has issued a Negative Declaration of Significance with regard to the Project.
5. Is the difficulty "self created"?
Answer: . No.
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DECISION
1. By Resolution adopted April 17, 2000, the Planning Board of the Town
of Wappinger authorized the continued use of existing 9' wide parking spaces for all
existing and proposed parking spaces associated with the Project, thereby rendering
the applicant's request for a parking size variance moot.
2. The Planning Board of the Town of Wappinger further determined that
the requested reduction in the number of required parking spaces (655 in lieu of 734
per the Zoning Administrator's determination) is appropriate in light of the most recent
standards adopted by the Urban Land Institute (ULI) and the Institute for
Transportation Engineers (ITE), the total proposed number of parking spaces will fall
within the range of the recommended parking ratios promoted by these bodies, and
the number of proposed parking spaces is less than the total number as would be
required by the ratio as set out for larger shopping centers in the Town of Wappinger
Zoning Code.
3. In considering the applicant's request for a 79 space variance from the
number of required parking spaces, the Zoning Board of Appeals took into
consideration the following factors:
A. Neighboring properties are retail and/or commercial and the
Project will have virtually no impact on the neighboring properties.
'B. The Project will replace a long vacant commercial facility located
in an existing shopping center. 1
C. The proposed number of parking spaces are in excess of widely
accepted industry standards published by the Urban Land Institute and the
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Institute of Traffic Engineers (the Town of Wappinger Zoning Code applies
such standards to shopping centers of 200,000 square feet or more).
D. The parking use survey dated January, 2000 demonstrated that
the number of available parking spaces in and around the proposed expanded
supermarket was in excess of 321 spaces at all times, and that that number of
spaces provided a very high ratio of spaces to the square footage of the
supermarket.
E. The evidence demonstrates there will be sufficient parking for
the project.
F. The March 1994 variance, reducing the required number of
spaces from 736 to 636, controls this application.
G. The requested variance is not substantial.
H. The difficulty is not self created.
4. Based on the foregoing, the application for a variance reducing the
required number of spaces from 734 to 655 is granted.
The question of the adoption of the foregoing Decision was duly put to a vote
on roll call, which resulted as follows:
Alan Lehigh, Chairman
Gerald diPierno, Member
voting
voting
"aye"
"aye"
Douglas Warren, Member
voting
"aye"
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.
f-!loward Prager, Member
voting
"aye"
Victor Fanuele, Member
,
Absent
Dated: May 9,2000
Wappingers Falls, New York
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