2009-1-27
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Town of Wappinger
Zoning Board of Appeals
Page I
Minutes of January 27, 2009
MINUTES
Town of Wappinger
Zoning Board of Appeals
January 27, 2009
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Summarized Minutes
Members:
Mr. McVeigh, Member
Ms. McEvoy-Riley, Member
Mr. Casella, Member
Members Absent: Mr. Prager,
Mr. DellaCorte,
Chairman
Vice-Chairman
Others Present: Mr. Horan,
Mrs. Lukianoff,
Mrs. Roberti,
Attorney
Zoning Administrator
Secretary
SUMMARY
Discussions:
Mid Hudson Chinese Church
-Public Hearing on February 10,2009.
Strang Site Plan
-No extensions necessary while moratorium is in
place.
Page 2
Town of Wappinger
Zoning Board of Appeals
Mr. Casella:
Mr. McVeigh:
Vote:
Minutes of January 27, 2009
Motion to approve the minutes for January 13, 2009.
Second the motion.
All present voted aye.
Appeal No. 08-7388
Mid Hudson Chinese Christian Church -Seeking area variance of Section 240-37 &
240-57(C) of District Regulations in an R-40 Zoning District.
_ Where a side yard setback of 50 feet is reQuired (double the normally reQuired
setback), the applicant is proposine: a side yard setback of 32 feet. to allow for a new
two story building adjacent to the existing church, thus reQuestine: a variance of 18 feet.
The property is located at 306 All Ane:els Hill Road and is identified as Tax Grid No.
6257-02-966715 in the Town of Wappinger.
Present:
Mr. Huang:
Mr. Bodendorf:
Mr. Casella:
Mr. Bodendorf:
Mr. Casella:
Mr. Bodendorf:
Mr. Casella:
Mr. Bodendorf:
Mr. Horan:
Mike Bodendorf - Engineer
Deacon Sou-Lun Huang
I am Sol-Lun Huang the Deacon for the church and I reside at 34
Sherwood Heights. We would like a place for our children to play
indoors in a gym and also some classes and offices. We do not
foresee our population increasing in the near future.
We have explored other layouts to avoid the need for a variance but
they impede the parking calculations. We have a nice row of
evergreens here buffering the neighbors and they have expressed no
objections.
How will this affect the new parking?
There are approximately 73 parking spaces now and we will be
adding parking spaces here and hopefully land-banking some of
them with the planning board's approval.
How many more spaces are you adding?
We have 73 now and we will have a total of 122 when this is
approved.
Will this cause a problem because you're almost going to double the
amount of spaces. Will this be a problem with getting in and out?
Described from the map the spaces and the traffic flow around the
site.
I see 17'7" for the traffic lane, is that sufficient for fire apparatus?
Town of Wappinger
Zoning Board of Appeals
Page 3
Minutes of January 27, 2009
Mr. Bodendorf:
I believe it is ok and not a problem.
Mrs. Lukianoff:
I believe you need 25 or 26 feet for a parking lot aisle width.
Mr. Bodendorf:
I'm sure we can provide that.
Mr. Horan:
Does the code require a setback to a parking lot?
Mrs. Lukianoff:
Only in two zones but not in residential.
Ms. McEvoy-Riley: I think we will do a site visit this Saturday so please mark out your
property line and we will set your public hearing for February 10,
2009.
Mr. Casella:
When are you looking to break ground?
Mr. Huang:
First we need the approval and then we have to get the financing.
Mr. Bodendorf:
Thank you.
Appeal No. 06-7333-
Jeffrey Strane: - Applicant is granting an additional 6 month extension of the closed
public hearing. This extension would runfrom February 27,2009 through August 27,
2009.
Seeking area variances of Section 240-37 and Section 240-107B (2) (b) [2] of District
Zoning Regulations for HB Zoning.
1. -Where 2 acres are reauired, the applicant is proposing 1.78 acres to allow for a mix
of commercial and multi-family housine:. thus reauestine: a variance of .22 acres.
2. -Where a lot depth of 200 feet is reauired, the applicant is proposing a lot depth of
107.8 feet to allow for a pre-existine: condition. thus reauestine: a variance of 92.2
feet.
3.- Where 50 feet from the from the front line of other street (Town Road) is
reauired. the applicant can provide 7.9 feet, thus reauestine: a variance of 42.1 feet
for a front yard setback.
4.- Where a rear yard setback of 30 feet is reauired, the applicant is proposine: a rear
yard setback of 13 feet. to allow for the proposed design, thus reauestine: a variance of
17 feet.
The property is located between Old State Road and Old Route 9 and is identified as
Tax Grid No. 6157-02-580777/581803 in the Town of Wappinger. (Public Hearing
closed on 2-13-07)
Ms. McEvoy-Riley: I see the applicant has not requested an extension for this so does
this just expire?
.
Town of Wappinger
Zoning Board of Appeals
Page 4
Minutes of January 27,2009
Mr. Horan:
With respect to this application I believe this property is subject to
the moratorium that the TB enacted. My understanding from the text
of that moratorium that this board is not authorized to reach a
determination on the applicant during the period of the application.
Also it is my understanding that a neg. dec. has not been issued by
the PB which is lead agency. So in both of those cases this board is
without authority to make a final determination on the merits of this
application and for that reason the 62 day time period is told.
Ms. McEvoy-Riley: Thank you for that learned answer so we are going to do nothing.
Ms. McEvoy-Riley: Motion to adjourn.
Mr. McVeigh: Second the motion
V ote: All present voted aye.
Meeting ended at 8:00 PM
Respectfully Submitted,
Barbara Roberti, Secretary
Zoning Board of Appeals