2008-03-11 - Laserfiche WebLink

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MINUTES OF THE ZONING BOARD OF APPEALS MEETING HELD 3/11/08 Present: Lloyd Frink, Chairman, Frank Barresi, Vice Chairman, Allen Firstenberg, Scott Davis, George Dansereau, Attorney Horan and Mary Ann Loncto, Secretary Others Present: John Furst Josh Tyner Meeting was called to order at 7:30 p.m. MICHAEL DEPOMPEIS, 14 LOWER HENRY STREET Applicant submitted a letter to the ZBA dated March 11, 2008 stating they would like to be taken off the agenda as they are contemplating withdrawing their application and would notify the ZBA if he wishes to resume being put back on the agenda. Mr. Frink stated the hearing would be held open and adjourned for the time being. HOME DEPOT, ROUTE 9, IMPERIAL PLAZA Next on the agenda was a public hearing on the request of Home Depot located on Route 9 in the Imperial Plaza seeking a variance from Section 151-19(I)(1) of the Zoning Ordinance to be able to reduce their parking by 22 spaces – parking was established by a variance dated December 8, 1993. Applicant submitted proof of mailing to property owners within 250 ft. and an affidavit of publication in the Poughkeepsie Journal dated February 20, 2008. Secretary informed Board that the Dutchess County Department of Planning had responded to the zoning referral with a “matter of local concern” comment. (At this point Mr. Frink took roll call – everyone was present – including Attorney Horan). Mr. Frink asked Mr. Furst (who is the attorney for Home Depot) if his past appearances before the ZBA on another matter had any biased or prejudice on his present application and he stated no it did not. Mr. Furst stated the reason for the application is that Home Depot has submitted an amended site plan to the Planning Board to designate certain areas for outdoor storage and in creating that site plan – some of the existing parking spaces were going to be used to store some of the retail equipment and shopping carts. Most of the parking spaces that were going to be utilized for the outdoor storage were not currently being used at this time and are in the rear or on the side of Home Depot where customers do not park – employees also do not park there any longer. The reason for the variance is the store needs the extra space to store equipment outside – just like any other Home Improvement store. (When applicant refers to side -he is referring to the West side of the building facing Route 9). Mr. Tyner stated what the site plan represents is bringing the site into conformance with how they operate today.. The area to the East of the building will remain a landscaped area but the request to the Planning Board would be permission to store rental equipment in that space also. Along the rear of the site according to the original site plan there were 22 parking spaces – no one parks there any longer – they are asking that be defined as an area where staging and storage of materials can be located – the Planning Board has asked that a 30 ft. aisle striped as a fire lane be put there and they have also proposed a 12' x 12' fence for seasonal bagged good – along the same area to the north they would like to define that as a pallet storage area for a pallet storage trailer. There are 8 parking spaces in the front to be defined as rental equipment storage display area and if there is no rental equipment there – they could be used as parking but are not being counted as parking spaces - they are also proposing four additional cart corral spaces. There are 18 spaces to the Western side of the building – those spaces will remain as striped spaces – people could still park there if there was nothing there but they are also