Town of Esopus Zoning Board of Appeals
DECEMBER 16, 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, Kathy Kiernan, Joe Guido, and Linda Smythe.
APPROVAL OF MINUTES
KARL WICK MADE A MOTION TO APPROVE THE MINUTES AS WRITTEN. VIC BARRANCA SECONDED. ALL PRESENT VOTED IN FAVOR.
APPROVAL OF VOUCHERS
KARL WICK MADE A MOTION TO APPROVE THE VOUCHER FOR SECRETARIAL WORK. VIC BARRANCA SECONDED. ALL IN FAVOR.
No new applications.
STEWART’S SHOP CORP, PROPOSED PURCHASER
195 BROADWAY, PORT EWEN, NEW YORK AREA VARIANCE
Don Cole called announced the public hearing. No one present had any objections.
Don asked the Board for input and comments.
Chad Fowler was present to represent Stewart’s Shops of Saratoga Springs, New York.
Joe Guido had a technical question. Because it is, the old property and new property joined together, on the application where it states that there were no previous variances applied for, if it is the old property, just for legal purposes, yes there were variances applied for. When they do this building it is going to be on both properties, it is not going to change anything; “I just want it in the records that the Board acknowledges that there was a variance applied for previously”.
Linda Smythe asked if the driveway situation should be addressed. Don Cole stated that he was a little concerned about the ingress and egress of the property. He also thought that there might be a problem with the DOT. Chad Fowler stated that the existing driveway is 32 feet. Don asked Mr. Fowler if that could be opened up wider. Mr. Fowler thought no, the State has just renovated 9-W.
Mr. Fowler stated that Stewart’s often asks the DOT for a wider curb cut and 35 feet is the most that they have ever gotten.
Don Cole stated his own personal problem with the State and curb cuts at his property. He suggested that Stewart’s contacts the State and have them increase it if they could.
Linda Smythe asked where the entrance was on East Main and Mr. Fowler indicated it on the plans. 9-W in that area is 20 feet wide. Ms. Smythe stated that she thought that East Main St would help the traffic problem. Don stated that that was not the problem. “Traffic is not the problem; it is being able to get out of the parking lot from Stewart’s to 9-W. When there is a car going south, they are stopped, and there is a car coming north, you can’t get out. You don’t have enough room to swing.”
Linda still thought that E. Main Street would help. E. Main Street would handle the truck traffic.
Again, there was a discussion on the width of the exit onto 9-W. Also, a look at the site plan. The road and parking were pointed out. Linda Smythe stated that the new building is going to be set further back and the cars will be able to come in. Don Cole stated again that he wanted it on the record that he felt the ingress/egress should be wider.
Mr. Fowler stated that on the site plan it was shown that a tank truck will fit in and out of the property. The building is further back and now the entrance is squared up. Karl Wick stated that he thought this was a big improvement.
Joe Guido asked about the number of parking spaces that are shown, “is that what the Planning Board suggested you have, or is that Stewart’s suggestion”. That is Stewart’s suggestion.
Joe Guido stated that he did not object to the other variances, but the amount of coverage was a concern to him, the green space.
Mr. Fowler stated that the code is sort of driven towards drainage. The pipes are under the blacktop and none of the green space is being used for drainage. Every bit of green space will be just for landscaping. The pipes are under the black top.
The landscaping plan was reviewed. The green space will be some trees, and shrubs. The trees are towards the neighbor’s house and the shrubs along 9-W. They are low shrubs. There was a discussion about removing the tree on the corner. Unfortunately, that tree will have to be removed. Mr. Fowler stated that he was sure that it would be discussed at the Planning Board meeting. The tree would create a much nicer image then a bunch of small scrubs.
Mr. Fowler stated that on the drawing, he had included 4,000 square feet of green space that Stewart’s does not own, but they do maintain.
Don Cole stated that he would like to address the variances that would be required from the Zoning Board.
A variance would be required for green space. Mr. Fowler stated that the requirements was 50% and he was proposing 18%. There is (also) 11% that Stewarts maintains, but does not own. He believes that the town owns that space.
Joe Guido stated that he would have liked to see more. He thought maybe some of the parking spaces would be moved, however, it does not look too promising.
Mr. Fowler stated that it was a Planning Board suggestion for direct access of the left side of the building to 9-W. Again, the tree was discussed. The Zoning Board would rather the tree stay.
It was decided to state the variances that were needed. Don Cole asked Karl to state them:
The first variance was not very clear. It was the setback of blacktop to the rear.
Rob Hare stated it………(unclear) said building set back line 15 feet. Mr. Fowler corrected and stated it was 20 feet. Rob also asked to explain the access for a truck. Everything is in the back. There will be three deliveries a week. There is a wing curb so you can plow snow. The pad along the north is specifically for the picnic tables. Mr. Fowler said there showed on the plans a 10 x 20 pad for picnic tables. It was a suggestion of the Planning Board; you can see the river from there.
Joe Guido questioned the picnic tables on concrete or grass. It is easier to clean up concrete. Between that and the road there is all green space, an additional 11%, however, we don’t own it.
Vic Barranca questioned the height of the shrubs. DOT must approve that.
Joe Guido discussed the snow storage area. Mr. Fowler explained where it would go. The plowers would have to pick spots and let it melt. Don Cole stated that if there was a lot of snow it would have to be removed.
Rob stated that the lot was maxed out. There was the most amount of parking spaces, gas pumps, and building that the lot could possibly handle.
Mr. Fowler stated that square footage of the building is almost the same. We gained one dispenser, an additional 200 square foot of building, some parking, and a lot of circulation space to move on, which we desperately needed. This is definitely an improvement.
Rob Hare said that the tanks were logically located. No problem with that. The green space variance would be significant. However, Karl Wick stated he did not see anywhere to increase the green space.
The dumpster enclosure was discussed it could be moved and increase the green space.
Rob Hare asked how the number of parking spots were determined. Square footage of the building. The town has a formula. Rob asked how Stewart’s determines the number of parking spaces. Mr. Fowler said they averaged it out. A lot of traffic is just in and out. He also said it varies by the time of day. Rob stated that he was looking at it in terms of green space. A parking space is 9 x 18.
The amount of variance for the green space was calculated. It is a big parcel and so little green space.
Karl Wick asked about the property line to the north. It is a straight line, square to square. The picnic tables on the side is a 10 x 20 space, 200 square feet. Don Cole suggested doing away with the concrete and putting Item 4 there and letting the water drain thru.
Joe Guido stated he did not object to the tanks being where they are, or the canopy, maybe there could be two less parking spots and more grass. I like to keep the variance to a minimum.
Rob Hare stated that his concern is we are opening up the center of Port Ewen to a commercial item with nothing softening it. It is the social center of the Town. This is a chance to make a difference of the impact on the Town. The main road may be a little narrower, but it is a lot nicer looking.
Linda Smythe felt that the parking spaces were needed. “The store is very busy, all the time. As our Town grows, they are going to need those parking spaces.’
Don Cole felt that Stewarts was an advantage to our Town. It is a business and they are trying to make it better.
Joe Guido agreed, he was just trying to pick up more green space and over where the picnic tables are is a good area to do it in.
Rob Hare thought where the sidewalk space is was useless. You are walking out to where the cars are parked. This cross walk, (indicating site plan) something from here to there makes a lot more sense, then from around the corner. Take that one space, run your path across here (indicating site plan) across the lot. They are having you do a traditional sidewalk down the side of the street, but there are no sidewalks further down, and your crosswalk on 9-W is further up the street, so if you are crossing at the crosswalk, the logical place for the continuation is straight off the end of that right into parking space 10 (indicating site plan).
Chad Fowler indicated he followed the logic and one parking space was 2.8%. 10 x 20 would be 3 ½%, which would be 6.4% additional green space.
Again, it was discussed putting the table on grass. Vic Barranca asked how many people hang outside of Stewarts. If there is a garbage can there, most of the time, they will throw their garbage in the can.
The Board is not against the project, a great job has been done in figuring it out.
Joe Guido asked Mr. Fowler if it was doable to him. Yes, he replied, parking space # 10 will be eliminated and put grass under the picnic table. That will add a little more green space. And it will not be a big change for the Planning Board.
It was decided that a vote would be taken tonight and the Public Hearing was closed at 8:12 PM.
KARL WICK MADE A MOTION TO GRANT A VARIANCE FROM SECTION 123H (2) OF FOURTEEN FEET WHICH IS INTENDED TO ALLOW THE LAST PUMP TO BE ONLY 36 FEET FROM THE PROPERTY LINE INSTEAD OF 50 FEET.
SECONDED BY DON COLE.
The vote was as follows:
KARL WICK: I am in favor. I think this is a minimal variance and there is no other way to meet the need.
ROB HARE: I am in favor. I think the layout works well.
VIC BARRANCE: I am in favor for the reasons stated.
DON COLE: I am in favor for the reasons stated.
KATHY KIERNAN: I am in favor for the reasons stated.
JOE GUIDO: I am in favor. There is no greater impact.
LINDA SMYTHE: I am in favor also.
The variance was GRANTED.
The Variance from Section 123-24 A2 H2. There was confusion on this variance.
JOE GUIDO MADE A MOTION THAT WE HAVE THE BUILDING INSPECTOR, TIM KEEFE; CLARIFY WHAT HE IS LOOKING FOR IN THAT DENIAL.
DON COLE SECONDED.
The vote was as follows:
KARL WICK: Yes
ROB HARE: Yes
VIC BARRANCE: Yes
DON COLE: Yes
KATHY KIERNAN: Yes
JOE GUIDO: Yes
LINDA SMYTHE: Yes
The motion passed.
KARL WICK MADE A MOTION THAT A VARIANCE BE GRANTED FROM SECTION 123-13 H (1) OF 32 FEET TO ALLOW THE UNDERGROUND TANKS TO BE NO CLOSER THAN 18 FEET TO THE REAR PROPERTY LINE. THIS IS A VARIANCE OF 32 FEET.
SECONDED BY ROB HARE.
The vote was as follows:
KARL WICK: I am in favor. I think this will be one of the safest places on the site. I don’t see it causing any problems. New installation, state of the art.
ROB HARE: I am in favor. Provided good placement.
VIC BARRANCA: I am in favor for all the reasons stated.
DON COLE: In favor for all reasons stated.
KATHY KIERNAN: In favor for all reasons stated.
JOE GUIDO: In favor for reasons stated.
LINDA SMYTHE: I am in favor for all the reasons stated. I think it makes it a better site.
THE VARIANCE WAS GRANTED.
At this time Chad Fowler corrected a mistake he had made in the green space calculations. In previous calculations, he had included space that Stewarts does not own.
ROB HARE MADE A MOTION TO GRANT A VARIANCE FROM SECTION 123-20 BULK REQUIREMENTS TO ALLOW AN INCREASE OF COVERAGE FOR A TOTAL OF 80% OF THE PROPERTY.
SECONDED BY LINDA SMYTHE.
The vote was as follows:
JOE GUIDO: I am favor of this motion. It is increasing the actual square footage of green space, and it solves many of the problems that are pre-existing/present with the configuration.
LINDA SMYTHE: I am in favor for the same reasons.
KATHY KIERNAN: I am in favor. Although I would like to see the tree, stay I think all the concessions that could be made have been made.
DON COLE: I am in favor.
VIC BRRANCA: I am in favor for all the reasons stated.
ROB HARE: I am in favor. In general, it is an improvement. I would also like to see the tree stay.
KARL WICK: I am in favor. This is a substantial variance; the overall site will certainly be an improvement. I would also like to see the tree remain.
THE VARIANCE WAS GRANTED.
Three variances were approved. One variance was tabled. Don Cole stated that if it is required that you (Mr. Fowler) attend next month we will let you know. If the Building Inspector does not have objections, we will let you know.
VIC BARRANCA MADE A MOTION TO ADJORN THE MEETING. DON COLE SECONDED. THE MOTION WAS PASSED.
The meeting was adjourned at 8:50 p.m.
Zoning Board Secretary