2/28/13 Zoning Board Minutes

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Village of Fishkill

Zoning Board of Appeals Meeting                  

February 28, 2013

 

Chairperson Cathy Ann Nicholson opens the meeting at 7:00 p.m.

Present: Cathy Ann Nicholson, Tom Newhard, Tom Brooks, John DePew and Terry Palumbo. Also present: Angelo Ferrara, Trustee and Liaison to the Zoning Board, Sarah Brown, Village Planner, Tom VanTine, Building Inspector and Don Van Nostrand, Board Secretary.

John Depew makes a motion to accept the minutes for the last meeting held on October 25, 2012. Motion seconded by Theresa Palumbo. All in favor: 5. Opposed: 0. Motion carried.

Cathy Ann Nicholson announces that a public hearing would be held tonight on the GJP Enterprises, Inc. (Flory’s Mobil) located at 5 Schuyler Blvd. She said that all the adjoining property owners have been notified by registered mail and that the applicant has submitted receipts for the notification. Also, the legal notice for the public hearing was published in the Poughkeepsie Journal on February 13, 2013 and the application was referred to Dutchess County Planning for review.

County Planning had no comments and said that it was local matter.

GJP Enterprises, LLC (Flory’s Mobil) - 1036 Main Street  -  Area Variance

Applicant:                                            - Gasper Flory’s      - Business Owner

                                                            - Mark Day              - M A Day Engineering

Terry Palumbo makes a motion to open the public hearing for GJP Enterprises, Inc. (Flory’s Mobil) located at 1036 Main Street. Motion seconded by Tom Newhard. Motion for: 5 Opposed: 0 Motion carried.

Mark Day of M A Day Engineering representing GJP Enterprises, LLC (Flory’s Mobil) explained to the board that in reviewing the site plan after they were laying out the building that it was realized that there would be a need for more space between the gas pumps. This would allow cars to go between cars that were already at the gas pumps. This would require that the canopy be expanded closer to Schuyler Boulevard and reduce the variance needed for the front yard setback from Route 9. After several questions were asked by the board members on sign location and distance from the building and property line Chairperson Cathy Ann Nicholson asked if there were any questions from the public.

Manish Patel owner of Ram Hospitality Inc, 21 Schuyler Blvd voiced a concern about the location of the sign. He said he thought the parking was to close to the sign and that a car could hit the sign.

After a discussion between the Village planner, the applicant’s architect and Mr. Patel it was determined that there would not be a problem with the location of the sign.

Tom Newhard makes a motion to close the public hearing for GJP Enterprises. Motion seconded by Theresa Palumbo. Motion for: 5 Motion: Opposed: 0 Motion carried.                                                       

Tom Newhard makes a motion that the board grant a variance to allow the encroachment of the post canopy of 21.9 feet into the required 50 foot front yard set back. Motion seconded by John Depew. Motion for: 5 Motion Opposed: 0 Motion carried and variance is granted

Tom Newhard makes a motion that the board grant a variance to allow the encroachment of the post canopy 12.3 feet into the required 30 foot side yard setback. Motion seconded by Terry Palumbo. Motion for: 5 Opposed: 0 Motion

carried and variance is granted.

Tom Newhard makes a motion that the board grant a variance to allow 55.3

square feet of building signage, a neon band as the overall signage on the site.

Motion seconded by John Depew. Motion for: 5 Opposed: 0 Motion carried and variance is granted.

Chairperson Cathy Ann Nicholson reads a memo from the Planning Board requesting that the Planning Board be named lead agency for SEQR on the Lands of Segretti subdivision application.

Tom Newhard makes a motion that the Planning Board act as lead agency for SEQR on the Lands of Segretti subdivision application. Motion seconded by John Depew. Motion for: 5 Opposed: 0 Motion carried.

Angelo Ferrara updated the board on the firehouse renovation and the Jackson Crossing project.

Tom Brooks moves to adjourn the meeting. Motion seconded by Terry Palumbo. All in favor. Aye. Opposed: None. Meeting adjourned.

 

Submitted by,

Donald Van Nostrand

Zoning Board Secretary

Date: 

Thursday, February 28, 2013 - 19:00

Entity: 

Zoning Board

Type of Notice: 

Minutes