05-7289
TOWN OF WAPPINGER
ZONING ADMINISTRATOR
TATIANA LUKIANOFF
SUPERVISOR
JOSEPH RUGGIERO
ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-1373
FAX: (845) 297-0579
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
September 26, 2006
RECEIVED
OCT 0 3 2006
TOWN CLERK
To: Chris Masterson
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: 228 Myers Corners Road - Interpretation
Appeal No. 05-7289
Attached you will find the original Application/Decision & Order
for 228 Myers Corners Road, LLC: 228 Myers Corners Road, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. Don Walsh
Zoning Board
Town File
Mr. Marco Caviglia
Mr. Al Roberts
Mr. David Stolman
Planning Board
Building Inspector
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Town of Wappinger
P.O. Box 324 - 20 Midd I ebush Road
Wappingers Falls, NY 12590
Zoning Board of Appeals
Office: 845.297.1373 IV Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
Application for an Interpretation
Appeal #
05 - '1 2- '6Cj
Dated: 12-6 -06
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We), '2.2.~ M (!.l"S CorM..r~ lLC- residing at -.:fjt;" Mc..:A 'St.
k ,'lli--ltl,l- '2..2-7"2_ (phone), hereby appeal
to the Zonin Bard of Appeals from the decision/action of the Zoning Administrator,
dated Ppu.."",bu- (, , 2005, and do hereby apply for an interpretation.
Premises located at 2,2.B MJasc; Cor>'\uc;. ~
Tax Grid # ('7.Ab - 02 -If) '2..t; '2..0
Zoning District NB, f-i
1. Record Owner of Property '2..'Z.B M'4-v-~ G>rM...rs I LLc..
Address~ Mc...,,, St, S\.II't(..~;6 W~i+t- pla..,^s, tJ( \0(,01 AI
Phone Number~-W-'2...Z.i2. -r-r v'1- f ~a- ~ f4( u.-c
Owner Consent: Dated: \2.-~ -0'5 Signature: f],l/ ~u~UA~
Printed: ~.' W I't'L~~
2. Interpretation Request:
I(We) hereby apply to the Zoning Board of Appeals for an interpretation of the following
requirements of the Zoning Code.
3. Reason For Appeal (Please substantiate the request by answering the following questions in
detail. Use extra sheet, if necessary):
Se.t. o..ttca.~~-"l AL"'~r''- r~bI\
TOW026.ZBA-AI (4-03 Rev) 1 of 3
" IJ
Town of Wappinger Zoning Board of Appeals
Interpretation Application
Appeal No.
Reason for Appeal Continued:
4. List of attachments (Check applicable infonnation)
( ) Survey Dated
Prepared by
, Last Revised
and
() Photos
(,,) Drawi ngs Dated \ ~ - e - oS (I o..\t ('VI1'i.;- 0 ('\ ).
()<.) Letter of Communication which resulted in application to the ZBA.
(e.g., recommendation from the Planning Board/Zoning Denial)
Letterfrom ZO.....''J ~1~\ of-f'....r Dated: /2.-(" -05
Letter from Dated:
() Other (please list):
5. Signature and Verification
Please be advised that no application can be deemed complete unless signed below.
The applicant hereby states that all intor)11ation given is accurate as of the date of application.
1/~8" ~,fLA U.C
SIGNATURE rg. Y ~ . ~ DATED:
(Appellant)
SIGNATURE
DATED:
(If more than one Appellant)
TOW026.ZBA-AI (4~3 Rev) 2 of 3
I, \, '" ...
Town of Wappinger Zoning Board of Appeals
Interpretation Application
Appeal NOO'l-7?RQ
'+
FOR OFFICE USE ONLY
Conclusion: Therefore, it was determined the Zoning Board of Appeals
e ) UPHELD eX) REVERSED-based upon new facts.
Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution of
the Board as part of the action stated above:
Please see attached decision.
IDe Findings & Facts Attached.
DATED: September 26, 2006
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:t~./ ~~
(Chainnan)
PRINT: Vi C'rnr 1i'~n1H>l f>
TOW026.ZBA-AI (4-03 Rev) 3 of 3
.
.
Reason for AooeallInterpretation
228 Myers Comers, LLC
The supplementary special permit use regulations for the proposed uses on the subject property indicate ;i
minimum lot are requirement for each special use. The zoning enforcement officer has determined that .
proposed custom motorcycle fabrication/sales use proposed for Building 2 requires a minimum lot are of 2
acres per ~240-70.A. Repair Garage. However, ~240-70.I. provides for an exception of the minimum . ,
acreage requirements for the sale of small motor vehicles such as motorcycles. We respectfully.request tllilt
the ZBA make an interpretation on the applicability of the lot area exception descri~ in ~24t)-70 with
respect to the proposed custom motorcycle fabrication/sales use. The proposed custom motorcycle
fabrication/sales use meets all other requirements of ~240-67 and ~240-70. The reason the apptic;ami~
requesting an interpretation from the ZBA on this issue is if the proposed custom motorcycle
fabrication/sales use is not required to meet the minimum lot area requirement set forth m.~, the
other minimum lot area variances requested as part of this application package will be ~ally less.
Should the ZBA uplwtd the determination of the Zoning Enforcement Officer, ~licant has submitted
the necessary applicati0n and fee requesting that the required minimum lot area variance be granted.
TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
DECISION ON INTERPRETATION, APPLICATION NO. 05-7289
Applicants: 228 Myers Corners, LLC
245 Main Street, Suite 330
White Plains, New York
Premises: 228 Myers Corners Road
Tax Grid No. 6258-02-702520
FINDINGS
A public hearing was held and continued on the following dates: January 10, 2006,
February 28,2006, March 28, 2006, April 25, 2006, June 27, 2006, and August 22,
2006 concerning this application.
The applicant had filed applications, dated December 8, 2005, for an interpretation: 05-
7289 concerning 99240-67 G and 240-70 I, and four variances: 05-7290 requesting a
6.4 foot variance for an existing metal shed, and 05-7291, 05-7292, 05-7293 requesting
variances for Buildings 1, 2, and 3 located on the subject property. Building 1 contains
an existing motor vehicle sales establishment requiring a minimum size lot of 3 acres
(9240-67). Buildings 2 and 3 were proposed to be used as vehicle repair garages each
requiring 2 acres. The existing and proposed uses should require 7 acres, resulting in a
combined variance of 3.4 acres, having 3.6 acres of available Neighborhood Business
District land comprising part of tax grid no. 6258-02-702520 at 228 Myers Corners Road
in the Town of Wappinger. Subsequently, the applicant withdrew so much of its
application as concerned a variance for Building 2. This decision does not address nor
decide any of that portion of the application which concerns the remaining variances.
We only address, in this interpretation, the limited issue of the use of Building 2 for a
motorcycle sales shop.
The request for interpretation was "..on the applicability of the lot area exception
discussed in 9240-67 and 240-70." At the time of application, the applicant proposed to
use Building 2 of the premises for both motorcycle fabrication and motorcycle sales.
Pursuant to subsequent representations made on the record by both the tenant, Michael
Schwartz, seeking to manage the prospective motorcycle shop, PHA T CUSTOM
CYCLES, and the applicant's letter dated February 28, 2006, and its representations on
the record on that date, the building will be operated solely as a motorcycle retail sales
shop. The applicant by even date, withdrew appeal #05-7293 concerning Building 2
seeking a variance concerning such use.
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Consequently, the surviving applicable portion of the request for an interpretation is that
which applies to the use of Building 2 on the premises as a motorcycle retail sales shop
solely under 9240-67, paragraph G.
A review of the Local Law #5 for year 2001 enacting that legislation referenced the
relevant legislation as a codification of a "...recent interpretation of the code permitting
the sale of small motor vehicles (less than 1 ,500 pounds) ... such as ... motorcycles as a
retail use." The factual representations, by the applicant and Mr. Schwartz are credible,
namely, that Building 2 would be limited to use for the retail sales of motorcycles. This
will exclude such activities as repairs, assembly, conversion, fabrication or other non-
retail uses.
CONCLUSION
Under these circumstances,9240-67 G applies to this applicant's circumstances, and
the motorcycle sales shop, limited to such function, may sell such vehicles not
exceeding 1,500 pounds, without need of a special use permit or a 3 acre minimum lot
area.
This decision in no way constrains or limits the Planning Board or other agents or
agencies of the Town, from requiring adherence to any other applicable statutes,
ordinances, code provisions, rules or regulations that may otherwise apply.
NYCRR Section 617.5 ( c) ( 31) [SEQRA], defining Type II actions, specifically
excludes "interpreting an existing code, rule or regulation" from environmental review.
The Zoning Board of Appeals is not addressing the remaining variance requests at this
time, and a separate decision will be rendered concerning those.
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