04-7245
r
TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
SUPERVISOR
JOSEPH RUGGIERO
ZONING BOARD OF APPEALS
20 MIDDlEBUSH ROAD
WAPPINGERS FAllS, NY 12590-0324
(845) 297-1373
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOlONI
ROBERT l. VAlDATI
October 28,2004
To: Gloria Morse
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Auto Elegance
Appeal No. 04-7245
Attached you will find the original Application/Decision & Order
for Auto Elegance, c/o Mr. Glen Castelli, 3 Marlorville Road, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. Glen Castelli
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
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oLt -72-46
alfred cappelli, jr.
architect
Sept. 27, 2004
Town ofWappingers
Zoning Board of Appeals
20 Middlebush Rd.
Wappingers Falls, NY 12590
Att: Victor Fanuele - Chairman
Re: Auto Elegance
3 Marlorville Rd. (Comer ofRt. 9D)
Zoning Variance
Dear Mr. Fanuele:
We would very much like to be placed on your next Zoning Board of Appeals
Agenda to discuss several issues relative to a proposed addition to be constructed at the
above referenced location.
We have presented our proposal to the Town Planning Board and we subsequently
need several variances from your Board. Among them are:
- Construction (addition) on an undersized lot (240.70.A)
- Construction (addition) near a place of worship (240.70.G)
- Yard setback from NYS Rt.. 9D
- Location of existing garage doors facing the street (240.70.C)
We have enclosed an Application, Preliminary Site Plan, Application Fee and
Project Narrative.
If you have any questions, please do not hesitate to call.
Very truly yours,
~dl-Q'~\6-.
Alfred A. Cappelli, jr.
Architect
AAC/dc
Ene.
792 route 82, hopewell junction, n.y. 12533
(845) 226-7943/Fax (845) 226-6642
. .
9,
REVISED PROJECT NARRATIVE
PROPOSED ADDITION TO
AUTO ELEGANCE
1-3 MARLORVILLE RD.
TIO W APPINGERS, NY
PREPARED BY:
ALFRED A. CAPPELLI, JR.
ARCHITECT
792 RT. 82
HOPEWELL JCT., NY 12533
845-226-7943
JUNE 1, 2004
REVISED: SEPTEMBER 27,2004
I. LOCATION:
The subject property is located on the southwest comer of Route 9D &
Marlorville Rd. in the Town of Wappinger with the address of 1-3 Marlorville Rd.
II. SITE DESCRIPTION:
The existing site is a 0.32 acre parcel consisting of two buildings and a large
fenced in parking area. The lot is slightly pitched to the west and currently a small
retaining wall and fenced area cuts the parking area almost in half. The parking area is
currently approx. 50% gravel ad 50% paved.
III. EXISTING USE:
There are two uses currently on the site, each in their own respective building.
One structure houses a single family dwelling. The other building's use is an automotive
service business specializing in auto body work. That second building is the subject of this
Application for a proposed addition.
The existing commercial use is approx. 1,700 sf and the dwelling has a footprint of
approx. 1,200 sf.
IV. PROPOSED ACTION:
It is the Applicant's revised intent to raze the existing dwelling, and in its place
construct an addition to the current commercial use. A 810 sq. ft. addition will replace the
1,200 sq. ft. footprint of the existing dwelling. The cumulative area of the existing and
new building will be 2,510 sq. ft. and will be less than the existing building coverage.
V. ADDITIONAL SITE WORK:
The existing retaining wall and fence that bisects the parking area will be removed
so that one contiguous parking area will be provided.
Along Marlorville Road, the existing chain link fence, which is currently on Town
property, will be relocated approx. 15'-0" in from the property line creating a landscape
buffer along Marlorville Rd.
To the west, the current stockade fence will be relocated inward creating a larger
buffer area to the adjacent residence. To the south, the new addition will be 25'-0" from
the side yard, where only 5'-0" currently exists to the house. This will create an additional
open and green landscaped buffer to the building to the south.
Page 2
V. ADDITIONAL SITE WORK (CONT'D):
In the front, the new addition will be set back from Rt.. 9D further than the
existing house, once again adding a landscaped buffer.
VI. ARCillTECTURAL AND BUILDING CHARACTERISTICS:
It is the Applicant's intent to have the addition designed to have a residential
character and try to emulate as closely as possible some of the Architectural traits of the
existing dwelling and other residential structures in the neighborhood.
VII. CONCLUSION:
By carrying out the intended work, we feel the site will be much better off once the
work is complete by virtue of:
1. Creating a 15' landscape buffer along Marlorville Rd., where one does not
currently exist.
2. Increase the buffer to the west along a residential property lien.
3. Increase the landscape buffer to the south from 5' to 25'-0".
4. Decreasing the size of the building area on the site.
5. Decreasing the impervious ground surface by virtue of building and parking
from nearly 70% to 65%.
6. Increasing the open space from 30% to 34.4% especially the open space visible
to the public.
7. Gives the Applicant, a young motivated businessman, to allow his business to
grow.
, .
TOWN OF WAPPINGER
P.O. Box 324 - 20 MIDDLEBUSH ROAD
W APPINGERS FALLS. NY 1 2590
Zoning Board of Appeals
Office: 845.297.1373 rv Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
Application for an Area Variance
Appeal #
04- '72-Jf6
Dated: S 'E:.~ T ;z.. 7, '1.()Q 4
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I(We), CtL i~ C-Ae;..,..l.l..l residing at '3 M..~IC.V~("l.c. R.o.-.P
H~e:.HStt:nJI/J L.U , 84, -'2."'11- ~1"'\"'\ (phone), hereby appeal
to the Zoning Board of Appeals from the decision/action of the Zoning Administrator,
dated , 200_, and do hereby apply for an area variance(s).
Premises located at 3 M~~Lo'IC.v\L.L.1: Ftc::>A..O
Tax Grid # 1""1- "I c;,. 01 - 07?> (Q4..,
Zoning District H M . HAM &..e:T) Mol )(.9 u~t.
1. Record Owner of Property 4 LF.:J..I GA~1~ l..LI / G 6 I(
Address ., MAA.~ vd.t.s, Jt()
Phone Number~-1.cn- 9,,,\Q
Owner Consent: Dated: s~t 17; l.oc>~
REALTi H-L.P ''-'4'" ~'-
Signature:
Printed:
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2. Variance(s) Request:
Variance No. 1
I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following
requirements of the Zoning Code.
240.70;""
(Indicate Article, Section, Subsection and Paragraph)
Required: MI'" I-Qr Ar<EA - ~A'-~ ':1 Ac:....~
Applicant(s) can provide: <::). ~~ A. <:.
Thus requesting:
To allow: Gt:>.lfltMUCJAL.- AD'" To""'-
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TOW022.ZBA-AA V (4-03 Rev) I of 4
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Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
Variance No.2
I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following
requirements of the Zoning Code.
'2.4 ~"1 D c:..
(Indicate Article, Section, Subsection and Paragraph)
Required: LOc:A f,."" pF o veJb.&Al> ~G:!> 'St+4'-'- ,.Jt::fJT F.N-e S1"l\."'i.-r
Applicant(s) can provide: p~.<<..~ _/Ii - E.)( I~ r/~~ 9tJ.lt-Jn~~ . .pa.Qr==-siJ>
Thus requesting: .' (;::, ~1'4i
To allow:
No "Te ' -?~f; A.~p, Tlo,...! Ai- .:;J..I~ers Fov:. vAfZ-lAWC.e:C; ;.....
3. Reason For Appeal (Please substantiate the request by answering the following questions in
detail. Use extra sheet, if necessary):
A. If your variance(s) is(are) granted, how will the character of the neighborhood or nearby
properties change? Will any of those changes be negative? Ple~se explain your answer in detail.
The. P~/oc;e.J .aJJ,+L-..t .VJ, 4S1-te \~l' ....ov~~ U'I\\ c.ve.a.Te. 4
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B. Please explain why you need the variance(s). Is there any way to reach the same result
without a variance(s)? Please be specific in your answer.
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C. How big is the change from the standards set out in the zoning law? Is the requested area
variance(s) substantial? If not, please explain, in detail, why it is not substantial.
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D. If your variance(s) is(are) granted, will the physical environmental conditions in the
neighborhood or district be impacted? Please explain, in detail, why or why not.
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TOW022.ZBA-AA V (4-03 Rev) 2 of 4
.
page 2A
Tpwn,of Wappinger Zoning Board of Appeals
Application for an Area Variance
1\ppeal No.
VAR~NCE NO. 3
I(We) hereby apply to the Zoning Bo~rd of Appeals for a variance
of the following requirements of the Zoning Code'
1.40-10 4.
Required:
?PN~I( IJ.G.Tt,.J fI~AA f~ to of- ~oe.~",\,
Applicant(s) can provide:
-&~tf-Pltel"i ~1U<~rL"I &.~(~i~
Thus requesting:
To allow:
VARIANCE NO.4
I(We) hereby apply to the Zoning Board of Appeals for a variance
of the following requirements of the Zoning ,Code.
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Required: MtN 7~ f+ -+0 '9"'t~e' ~\,4~ ai
Applicant (s) can provide: ' G,. 8~ c;c..;r c:..1..J'V"'II'~~\.y exl ~;T~
Thus requesting:
To allow:
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Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please
explain your answer in detail.
~\ .of ~c;e... i:~~c; V'~ a,,\ ~~ VCi)V"lU~ eve-
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F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
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~' IS U""'\~d'" /... ~~UC"'l 2~ -I I~ "t'""1e 0"\ ~ s~ "" \L.
l/If ~ ~"'~;L.. I ~c;;,Ic:l.C."""1 tit' 01/' <.o~"""-"""~ll"!..
4. List of attachments (Check applicable information)
SLti.- ~/UJ
(v(SYPrtty Da1ed d- - \~~ ' Last Revised
Prepared by (2 L _ (1"./ ff>'P ...L\', ~.
(~ Plot Plan Dated ~t I ( ~
(v( Photos
q - \ -04
and
() Drawings Dated
(.;{ Letter of Communication which resulted in application to the ZBA.
(e.g., recommendation from the Planning Board/Zoning Denial)
Letter from P'-AJ../r4 ''''4 '044-0 Dated: ~.f L a('2DQY
Letter from Dated:
() Other (please list):
5. Signature and Verification
Please be advised that no application can be deemed complete unless signed below.
t
The applicant hereby states that all information given is accurate as of the date of application.
SIGNATURE
ljl -- ~
7 /~ ~ ,'_
(Appellant)
DATED: ~ t.. ~ 2PO~
SIGNATURE
DATED:
(If more than one Appellant)
TOW022.lBA-AA V (4-03 Rev) 3 of 4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No. 04-7245
FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / (x) WILL NOT produce an undesirable change in the
character of the neighborhood.
( ) YES / (x) NO, Substantial detriment will be created to nearby properties.
2. There ( ) IS(ARE) / (x) IS (ARE) NO other feasible methods available for you to pursue to
achieve the benefit you seek other than the requested variance(s).
3. The requested area variance(s) (x) IS (ARE) / ( ) IS(ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL / (x) WILL NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district. .
5. The alleged difficulty (x) IS / ( ) IS NOT self-created.
6. The property ( ) IS / ( X) IS NOT unique to the neighborhood.
Conclusion: Therefore, it was determined the requested variance
Be ex ) GRANTED () DENIED.
Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution
of the Board as part of the action stated above:
The Zoning Board of Appeals has voted to grant the following four variances with
conditions:
1. Minimum Lot Area. Where 2 acres are required the applicant has been granted
a variance for .32 acres.
2. Where overhead doors shall not face a street. the applicant has had a variance
granted to waive this.
3. Where repair garages are not permitted within 200 feet of a place of worship,
the applicant has been granted a variance waiving this requirement.
4. Where the applicant needed 75 feet to a state highway, a variance of 6.8 feet
was granted. The following conditions are attached to the granting of these four
Variances. That no washing of cars or repair work to be done on Rte 9D. All
(X) Findings & Facts Attached. activity to be performed in the rear yard at all times.
DATED: October 28, 2004
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
~ .j .
By:2~'1- i/~'<~2 ~~
(Chairman)
PRINT: V let:: It J- /:"/lNu If' L;::
TOW022.zBA-AA v (4-03 Rev) 4 of 4
., PROJECT 10 NUMBER
1. APPUCANT I SPONSOR
tUN c..~1eL-'-J
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
(To be completed by Applicant or Project Sponsor)
2. PROJECT NAME
Au T~ e 1..6~A-"'" GIi::.
SEQR
PART 1- PROJECT INFORMATION
3.PROJECT LOCATION:
Municipality l' tt::' \.V ~ t' I t-.ll( ~ County P \oJ 1 c..iA E. ~ ~
4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks ete -or provide map
; M A~Loft." lL.L. e. ~o..o A,1' Trit: ~~ 1'1-+ ~E:c;,-,- ~,..,e:-e..
'WI tJ" ~ R~"'" i6. 90
5. IS PROPOSED ACTION: 0 New ~ expansion 0 MocIlficatlo.n I alteration
6. DESCRIBE PROJECT BRIEFLY:
~.;rI":11~~7iolJ OF 8/0
eXIt;,t;~ d.Ufo b~y
~r ~f
~Lt'"'f
ddJl f,o...,
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7. AMOUNT OF LAND AFFECTED-1..
Initially If:). 1. acres ~. 71. Ultimately O. ~~ acres
8. WILL PROPOSED ACTiON COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
DYes ~ No If no, describe briefly: '2.or-ll.Jlt V~~(Mc.e:., l!I..G.J:?o.j/'&I.,tJ
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
~ Residential 0 Industrial ~ Commercial DAgrlcutture 0 Park I Forest I Open Space
o Other (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING,
AGENCY (Federal, Slate or Local)
~Yes 0 No If yes, list agency name and permit I approval:
NOW OR ULTIMATELY FROM AfoN OTHER GOVERNMENTAL
ilt:? Wli.ff 110./ ~ &.1&0.. PL,t:l.t04M I "'" C. 8oAE-C
T/~ \AJ~'f/l-/~6.r;.. ~l,",1t .qA.~"
~ W...p 1,..f.C,~ P'*()'e. P;;P T
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes 0No If yes, list agency name and permit I approval:
ULT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATiON?
No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
~UirI ~t1f1 'feU- ,
Date:
81 sture
f ~7.~~
If the action Is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
.
TOWN OF WAPPINGER
PLANNING BOARD
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SUPERVISOR
JOSEPH RUGGIERO
PLANNING BOARD
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-1373
FAX: (845) 297-4558
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
September 10, 2004
Zoning Board of Appeals
Town of Wappinger
P. O. Box 324
Wappinger Falls, N. Y. 12590
Attn: Mr. Victor Fanuele, Chairman
Re: Auto Elegance
Grid Numbers: 6157-01-073649
Dear Mr. Fanuele and Board Members:
At the September 8,2004 meeting of the Planning Board, the members discussed the Auto Elegance Site
Plan and their request to come before the ZBA. This letter is to serve as the Planning Board's recommendation
that the Zoning Board of Appeals consider granting the variances required for the above referenced project.
ly your.un
, L?(~r
I rs. Barbara Roberti
Planning Board Secretary
cc: Mr. Prager
Mr. DellaCorte
Mr. Warren
Mr. diPiemo
File