Town of Esopus Zoning Board of Appeals
NOVEMBER 19, 2008
Chairman Don Cole called the meeting of the Zoning Board of Appeals of the Town of Esopus to order at 7:30 p.m.
The Pledge to the Flag followed.
Present: Don Cole, Chairman, Karl Wick, Rob Hare, Vic Barranca, and Joe Guido.
Absent: Kathy Kiernan and Linda Smythe
APPROVAL OF MINUTES
VIC BARRANCA MADE A MOTION TO APPROVE THE MINUTES AS WRITTEN. KARL WICK SECONDED. ALL PRESENT VOTED IN FAVOR.
APPROVAL OF VOUCHERS
VIC BARRANCA MADE A MOTION TO APPROVE THE VOUCHER FOR SECRETARIAL WORK. JOE GUIDO SECONDED. ALL IN FAVOR.
STEWART’S SHOP CORP, PROPOSED PURCHASER
195 BROADWAY, PORT EWEN, NEW YORK AREA VARIANCE
Don Cole called the first application.
Chad Fowler was present to represent Stewart’s Shops of Saratoga Springs, New York. Stewart’s Shops is requesting three variances. The variances are for the existing site at 199 Broadway, Port Ewen. Earlier this year we were approved to replace that building on the existing parcel. In parallel with that, we were negotiating with Mr. Wenzel to purchase this property (indicating map) and we now have a signed contract to purchase this property. That allows us a better design. We needed the conditional approval to negotiate with Mr. Wenzel.
The initial approval had the building tucked back in the corner of the property. The parcel is odd shaped. The building is here (indicating site plan) the gas pumps here. It is still kind of a tight lot; it was not a great design. Also, we had no access to East Main St.
After negotiating with Mr. Wenzel, we have a new design. Our building is a little bigger, and a third dispenser was added. We also can get the access to East Main St. It forced the building back; however, we are still a little close to the intersection. DOT is okay with it. It pushes the building back and pushes the blacktop really close to the property line and that is one of the variances that we are asking for, setback of blacktop in rear. I have been in contact with the neighbors. The Schoonmaker property has been sold. The driveway was originally off East Main Street, we paid them a sum of money in order that they could relocate that driveway. There was no right of way; there was no agreement in writing. They have another access. Stewart’s gave them $10,000 to build another driveway.
An area (indicating map) where the blacktop is is only for deliveries. It is not where traffic would be. Deliveries are three or four times a week. We are within 2 or 3 feet of the property boundary. We are proposing a six-foot stockade vinyl fence.
Don Cole asked Mr. Fowler where deliveries come in. Right here at this back door. There are no deliveries off 9-W?
Don Cole asked how wide the opening is. Existing as they are today, they are 32 feet wide and 30 feet wide. Don Cole thought 30 feet was not wide enough. Someone coming out with a larger vehicle, because of 9W being so narrow, I think they should be wider. Cars are not a problem, trucks are a problem. A drawing was presented to show that a tractor-trailer could get in and out. That is why the gas tank was put where they are, and that is another variance. Another reason the tanks are there is that there are petroleum impacts in that area. That has to be addressed. It works with the deliveries. They are right now out in the parking lot. If I left them there, deliveries would block the complete lot. The second variance is for the location of those gas tanks.
The third variance is a setback to the canopy. Right now there is two dispensers. They are parallel, in line with each other. There are four pumping points. We would like to get two more pumping points, one more dispenser. Pumps should be parallel. Because of the setback in the front, and we added some green space there, pushed the canopy back, we are 38 feet from the property corner to the dispenser.
The fourth variance is green space. The proposed green space went from 50% to 18%. Within our property, it is 18%. It would be a 32% variance.
Joe Guido stated that next month is a public hearing. Joe requested an overlay of the site that you have now and what is proposed. Both properties would be combined. Also, Joe requested the green space that is there presently. I am sure that what you are going to have is better then what you have now.
Vic Barranca asked if there was a drainage issue. No, the drainage was resolved with the original approval. We are not going to the November Planning Board meeting, but will be on the agenda for December.
Joe Guido verified that there was written permission from Mr. Wenzel to make application for these variances.
All the drainage will be resolved. Everything drains out of this pipe (indicating drawing). That was an issue, no one know who owned the pipe. Stewart has claimed the pipe and we are replacing it.
Karl Wick asked what would be done from the run-off from the roof. It all goes sub-surface and that is all part of the drainage calculations. There will be sub-surface storage on site. We cannot increase the rate of flow off the site.
Karl Wick explained that that was helpful on the coverage issue. One of the reasons for that coverage is run-off.
The Planning Board heard from people who have problems now that are arguing with the State to figure out what to do. We don’t want to make that problem any worse.
Hours will remain the same.
Don Cole asked if there was anything else that needed to be addressed.
Mr. Fowler said he would bring to the next meeting; drainage, landscaping, clear overlays and green space coverage.
Joe Guido asked if any changes would be made, and if this plan was what was before the Planning Board. The only change that came up was the sidewalk. The Planning Board wants picnic tables here (indicating plan) in order that there is a view of the river and a bike rake has been added.
One issue that might come up at some point is a bus stop at this corner. They are available; however, we would have to maintain it. That may effect the green space calculations. It is not officially agreed to yet.
There will be a public hearing on 16 December.
Joe Guido asked about the letter from the Planning Board. Don Cole has already addressed this issue. Joe stated that it was referred to us from them. Only the issues on the paper was addressed. The signed plan (by Don and the owner) was overlooked, and then they apologized. A mistake had been made.
Vic Barranca made a motion to adjourn the meeting. Rob Hare second. All in favor.
The meeting was adjourned at 8:15 p.m.
Zoning Board Secretary