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05-7290/05-7291 J ,,' t: 4~q/ TOWN OF WAPPINGER ZONING ADMINISTRATOR TATIANA LUKIANOFF SUPERVISOR JOSEPH RUGGIERO ZONING BOARD OF APPEALS 20 MIDDLE BUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-1373 FAX: (845) 297-0579 TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI November 14, 2006 REceIVED DEC-121m TOWN CLERK To: Chris Masterson Town Clerk From: Barbara Roberti, Secretary Town of Wappinger Zoning Board of Appeals Re: 228 Myers Comers Road - Interpretation Appeal No. 05-7290/05-7291 Attached you will find the original Application/Decision & Order for 228 Myers Comers Road, LLC: 228 Myers Comers Road, Wappinger Falls, NY. I would appreciate it if you would file these documents. Attachments cc: Mr. Don Walsh Zoning Board j Town File Mr. Marco Caviglia Mr. Al Roberts Mr. David Stolman Planning Board Building Inspector , . . ~ ," TOWN OF WAPPINGER P.O. Box 324 - 20 MIDDLEBUSH ROAD WAPPINGERS FALLS. NY 12590 Zoning Board of Appeals ri:)) rt=.' (0;, ~ r "\ Office: 845.297.1373 ~ Fax: 81G)2$~~'$S8) oj \./1 [g /]) Zoning Enforcement Officer Office: 845.297.6257 DEe 1 :~ 7005 www.townofwappinger.us ZONING ADMiNISTRATOR , -TOWN OF WAPPINGER Application for an Area Variance Appeal # (l"'IS --'f2/1D CZf 7 ?-,q I Dated: --l1. - '<0 - oS' ,'h ' TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: I(We), '2:2!b~<U'c::. ~'f'v.r~ I LLL- residing at ~~ M'-~f\ <;f. I ~,,; tl.. ~~ W,^, c...1'1\c" 1 f...l'1 , ~-1aL-~ (phone), hereby appeal to the Zoning Bo rd of Appeals from the decision/action of the ZonIng Administrator, datedDtu.M~ (, , 200-5; and do hereby apply for an area variance(s). Tax Grid # lP2.. ,... Zoning District 1. Record Owner of Property 1.:2.8 M~~, ~r'<) \ LL<.......-. " Address ~'S }i.o.M st. I ~ I.::>w.~() ,/Vj J..4y (c(,o \ , ;?./ cLc Phone NUrllber~-N- "L-1., L -r-;- I 2--z..S1~ ~/'-<Il Owner Consent: Dated: 1'2.-8-05' Signature: b~~~, , Printed: :::&::I. W,f't..r.ff, ~~ 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. '2.. ~~ Sc..hu1-ll-t. C> D.'ML""~'o~c..\ (Indicate Article, Section, SubsectIon and Paragra h) Required: '2.0 \ <;tc:L... V\o..rJ s.t..t-k.Cf:- Applicant(s) can provide: ~ I~. ~' Thus requesting: i..j' -:1;."""~. To allow: ' E'M-c:;.,t-^~ _~I ~/IA TOW022.lBA-AA V (4-03 Rev) J of 4 Town of Wappinger Zoning Board of Appeals , Application for an Area Variance Appeal No. t. ~ 7 a..c.I'L~ tt..J li)t~ ~..1'N..d If ~v\'l"'~ M~~t ofPu.r'; ~\Y\."..y'OA. \~ .Jfklc\. 3. Reason For Appeal (Please substantiate the request )'Y answering the following questions in detail. Use extra sheet, if necessary): A. If your variance(s) isCare) granted, how will the character of the neighborhood or nearby properties change? Will any of those changes be neg:ative? Ple?lse explain your answer in detail. 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. o....rt...... c> \ sc;v-<..<; "\ s : ,,~t"'-~. 0 c. How big is t e che1'lge from The s ndards set out inthe zoning law? Is the requested area variance(s) substantial? If not, please explain, In detail, why It Is not substantial. . = ~:~ ,j~.;'~~t~;'~l~~ ~~~v~~. ~. 2~~ ....t.- 'I \.v;,;> \ .. Vo.n-M.l..t.) -* lo...c.../'t-r, 4v~\ \of c...1'e...c.....f'-t...t'"'Y~r-c-6 ( "'Ut'\.~~ c...-..~ M..&.,.; . L.&.t'-'.s ;I\.GC'o^ I~ u.plJc\. D. If your vai-iance(s) Is(are) graflted, will he physical environmental conditions In the .. . \ neighborhood or district be impacted? Please explain, In detail, why or why not. rl~.. Jr~~~$~~~t::f:~J~~~~.~n~1 TOW022.ZBA-AA V (4-03 Rev) 2 of 4 Town of V{appinger 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. A F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. 4. List of attachments (Check applicable information) ( ) Survey Dated , Last Revised and Prepared by ( ) Plot Plan Dated ( ) Photos Cf) Drawings Dated \2-:)-0'; (" \~T(..~t ('t.Vl->Il)~ (y..) letter of Communication which resulted in applicCltion to the ZBA. (e.g., recomme.ndation from the Pl~an ing Board/Zoning Denial) letter from 2.0-1\: I\- ~ f:'^f~~ -\: _ ~ ~ Dated: \2. - [:3 ~v5 letter from . Dated: () Other (please list): . 5.' Sig'nature and Verification Please be advised that no application can be deemed complete unless signed below. The applicant hereby states that all information given is accurate as of the date of application. --v?A( YIt y~rr ~ LLc SIGNATURE tJ.y~ --- ~;!d~PAA~ DATED: \1..-€>-o5 (Appellant) SIGNATURE DATED: (If more than one Appellant) TOW022.ZBA-AA V (4-03 Rev) 3 of 4 Town of Wappinger Zoning Board of Appeals ApplicatIon for an Area Variance Appeal No. FOR OFFICE USE ONLY 1. The requested varlance(s) ( ) WILL / (x) WILL NOT prodLJce an undesirable change in the character of the neighborhood. ( ) YES / (x) NO, Substantial detriment will be created to nearby properties. 2. There ex) IS(ARE) / ( ) 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 / ex) WILL NOT have an adverse effect or impact on the physical or environmental conditions In the neighborhood or district. . 5. The alleged difficulty ( ) IS / 6c) IS NOT self-created. 6. The property ( ) lS / Oc ) IS NOT unique to the neighborhooq. Conclusion: Therefore,lt 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: PLEASE SEE ATTACHED. (X) Findings & Facts Attached. DATED: November 14. 2006 ZONING BOARD OF APPEALS . TOWN OF WAPPINGER, NEW YORK BY: See Attached (Chairma.,n) PRINT: Victor Fanuele TOW022.ZBA-AA V (4-03 Rev) 4 of 4 RESOLUTION At a regular meeting of the Zoning Board of Appeals of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 14th day of November 2006 at 7:30 p.m. The meeting was called to order by Victor Fanuele, Chairman, and upon roll being called, the following were present: Chairman: Victor Fanuele Howard Prager Douglas Warren Thomas DellaCorte Jennifer McEvoy-Riley Members: The following resolution was introduced bYMs. McEvoy-Riley and seconded by Mr. Warren WHEREAS, by application dated October 24, 2006 the applicant 228 Myers Comers LLC, had sought 5 variances, and thereafter modified it to seek 2 variances for an existing metal shed, for an area of 6.4 feet and a variance of 2.52 acres for wholesale automobile sales in Building 1, whereas 3 acres are required, both variances located on Tax Grid # 6258-02-70520, and WHEREAS the Zoning Board of Appeals is an involved agency in this application, and has reviewed the expanded full environmental assessment form, NOW THEREFORE BE IT RESOLVED as follows: This is an unlisted action. An expanded full environmental assessment form was filed on May 4, 2006, largely addressing earlier concerns about noise upon the locality when a motorcycle repair shop was being considered, but which has since become academic. In reviewing the submission and lack of evidence concerning noise presented at the public hearing and the change in proposed use of Building 2 so as to be limited to a retail sales shop, or other permitted use, the proposed action will not have a significant adverse noise effect upon the environment. No adverse change in the air, ground or surface water quality or quantity is anticipated. Traffic or noise levels will not be appreciably more than have existed over the years at this site. There is no data available to indicate that a retail sales shop in Building 2 will cause any unacceptable levels of noise given the historical use of this property and its proximity to the roadway abutting the property. There does not appear to be any substantial change in the amount of vegetation or fauna, or effect on wildlife or fish in the area or to their natural habitat, as no large amount of construction is contemplated. There are no critical environmental areas declared on this property. No material conflict with the community's current plans or goals exists, and the use of the property is consistent with the existing planning and zoning for the area, as it is in keeping with the zoning for the area, and its businesses are in keeping with the zoning. There are no important historical, archeological, architectural or aesthetic resources affected. Energy consumption changes in the use of this property are not in evidence. No hazard to human health is in evidence. The use and intensity of use of the land is not expected to change from what it has been, by use of the property in Building 1 remaining the same and in the other two buildings possibly being used for retail sales instead of automotive related uses. There are no other connected or related changes, nor two or more related actions being undertaken which would cause a concern for substantial impact upon this property or in its area. None of the foregoing is seen to become a factor because of any long range plan related to this property or action. Few or no likely consequences are found to affect the setting of this property in the Neighborhood Business District. In conclusion, the Zoning Board of Appeals finds that there will be no significant adverse impact upon the environment. Dated: November 14, 2006 Wappingers Falls, N ew York U-I-:/-~ Victor Fanuele, Chairman Zoning Board of Appeals, Town of Wappinger RESOLUTION At a meeting of the Zoning Board of Appeals on October 24, 2006, the applications of the 228 Myers Corners, LLC, referenced application nos. 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 located at 228 Myers Corners Road, and identified as Tax Grid No. 625al2-702520, were considered and the action indicated below was taken on the applicant's request, as amended bylle applicant, for an area variance to the Town of Wappinger's Zoning Ordinance. The meeting was called to order by Victor Fanuele, Chairman, and upon roll being called, the following were present: Chairman: Members: Victor Fanuele Howard Prager (abstairing) Douglas Warren Thomas DellaCorte Jennifer McEvoy-Riley The following resolution was introduced by Ms. McEvoy- Rileand seconded by Mr. Warren WHEREAS, the applicant is 228 Myers Corners, LLC, which had originally sought four area variances and an interpretation concerning the subject property also identified as Tax Grid number 625~ 02-70520, and which is located on the south side of Myers Corners Road in the Town of Wappinger, such property overlapping two zones, with the northern portion irthe Neighborhood Business (NB) Zoning District, and the southern portion (which includes no buildings) in the R40 Zoning District, and WHEREAS, four variances sought, respectively, 057290, a side yard setback of 13.6 feet to allow for an existing metal shed, thus requesting an area variance of 6.4 feet from the required 20 feet pursuant to 9240-37 of District Regulations in an NB Zoning District; and 057291, 05-7292, 05-7293 requesting variances for Buildings 1, housing a motor vehicle sales use, whiclrequires 3 acres for such use, Building 2, which previously contemplated a motorcycle sales and repair shop, which requires 2 acres, and Building 3, which contemplated an automobile repair shop, which requires 2 acres, for a combined area variance of 3.4 acres from the required total of 7 acres pursuant to 9924937 and 240-67 A of the District Regulations in an NB Zoning District, and WHEREAS, the applicant amended its application concerning Building 2, representing that the 1 use of such building would be g;rictly limited to retail sales or other permitted use, and withdrew its request for a variance (05-7293) concerning that building, and an interpretation having been rendered by this Board concerning that matter on September 26, 2006, determininginter alia, that no variance is needed in that instance, and WHEREAS, the applicant further amended its application on September 26, 2006 withdrawing its request for an area variance with regard to Building 3, leaving only the request of a variance concerning Building 1 and for the shed related variance for a determination, and WHEREAS, the applicant has submitted a site plan revision dated October 18, 2006, and WHEREAS, the matter has come before the Town of Wappinger Zoning Board of Appeals on November 14,2006 for a determination and vote regarding these variances, NOW, THEREFORE, BE IT RESOLVED as follows: A) The recitations above set forth are incorporated herein as to findings as if fully set forth in this Resolution. B) The Zoning Board of Appeals hereby alopts and determines the application for variances as set forth below. 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 conce-ning this application. The applicant had filed applications, dated December 8, 2005, for an interpretation: 0S7289 concerning SS240-67 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 2 minimum size lot of 3 acres (S24Q.67). Buildings 2 and 3 were proposed to be used a; vehicle repair garages each requiring 2 acres. The proposed uses required 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 Comers Road in the Town of Wappinger. Subsequently, the applicant withdrew so much of its application as concerned the variances for Buildings 2 and 3, leaving only the request for a variance for Building I and concerning the shed. The area of the subject property overlaps two differing zoning districts with approximately 3.6 acres of property located in the Neighborhood Business District and 2.76 acres in the Rf.0 district. S 240- 10 prohibits the combination of different districts for purposes of meting area requirements since those districts have different uses which are not congruent, so that none of the FaO property may be included for relief. The existing motor vehicle sales use, appears to be a legal noa:onforming use, according to a letter dated February 2,2006 to the Zoning Administrator by the Town Attorney, AI Roberts, Esq., opining that the uses of Building I were properly legal nORconforming uses. The car dealership in Building I occupies approximately .6 acres for that business, but IDr which use no special use permit has been obtained, and that said special use requires a minimum lot of 3 acres. This property may still needs a special use permit but even so, such permit requires 3 available acres, thereby necessitating an area variance in this instance. There are no variance requirements needed at this time for Buildings 2 and 3, nor is application being made for them. These buildings, pursuant to the Town Planner's memorandum dated November 14, 2006, attributes 1.67 acres for Buildng 2 and 1.16 acres for Building 3, a total of 2.83 acres required for those buildings. Building I houses both a professional office area and the special use area for wholesale automobile sales. The area attributed to the professional office area is .32tcres. The total area being used for these non-special use purposes is 3.15 acres. The area attributed to the special use area is .48 acres. As 3 the total available acreage in the Neighborhood Business Zone is 3.63 acres, and as no additional acreage is available for the wholesale automobile sales use beyond the aforestated .48 acres to satisfY the 3 acre zoning requirement, the variance being sought amounts to 2.52 acres for the special use purpose. This Board is bound by Town Law S 267-b, 3 ( c ), mandating that a board of appeals shall grant the minimum variance that it shall deem necessary and adequate. A variance in the amount of 2.52 acres is necessary for the applicant to continue the business in Building I which historically has been its use,mI adequate under the circumstances to do so. There will be no undesirable change produced in the character of the neighborhood, nor a detriment to nearby properties by the variance. Building 1 on the property has been used as a motor sales facility since the 1960's, and the other two buildings were ancillary uses of such business. As that is no longer the case, the continuation of the business in Building I, assuming no other impediments and that it obtains a special use permit if one is required, and 1r the grant of this variance, is of no detriment to it neighbors. The applicant can not reasonably achieve, by some method feasible for the applicant to pursue, a method other than an area variance to continue the use of Building 1. As the other buildingsm the property can no longer be considered ancillary uses, compliance with the zoning code requires a variance to continue the use of Building 1 to the extent granted. The variance granted is substantial. The variance amounts to 84% of the required area. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. While testimony and evidence was produced concerning the potential impact of noise resulting from the combineceffects of a proposed motorcycle repair shop in Building 2 and an automotive repair garage in Building 3, that concern no longer exists as the applicant has withdrawn its application for variance for Building 3, and no such use is therefore anticipated, anthe use of Building 2 is to be limited to a retail sales shop, or other permitted use with no repairs, assembly, or 4 fabrication under any form to take place. This eliminates the noise factor from further serious consideration. The alleged difficulty WlS self-created in that the applicant purchased the property apparently without a full exploration of the zoning code's ramifications. However, such fact is not fatal to its application. We find that the property with this variance will not adversely aret its future uses and will probably benefit the use to which the property is applied by the elimination of the prior accessory uses which means a better environment for the area and the neighborhood. With regard to the variance for 6.4 feet for the metashed, that shed historically housed equipment and materials and its continued use for such with the grant of the variance will not have any effect on the surrounding neighborhood nor be detrimental to the neighbors, and none of the testimony submitted had any objection to the shed or the variance for that purpose, the variance is not substantial given the role of the shed on this property and its limited size, location, and history, there are no demonstrable environmental considerations raised, and its 101g term location of the shed where it is still located renders any alleged selfmade hardship minor and irrelevant. CONCLUSION The applicant is granted a single area variance of2.52 acres for its wholesale automobile sales use in Building 1, and a single 6.4 foot variance for an existing metal shed on the property. The variance regarding Building 1 is subject to its obtaining those approvals as may be necessary from the Planning Board or other agents or agencies of the Town, and no way constrains thoslDther boards or agencies, from requiring adherence to any other applicable statutes, ordinances, code provisions, rules or regulations that may otherwise apply. Nor does this variance in any way provide for any additional space needs which the ultimate me of Buildings 2 or 3 may require, or the need, if any, for future variances regarding any proposed uses for those buildings. 5 . . Dated: November 14,2006 Wappingers Falls, New York ~.Y--?r~ Victor Fanuele, Chairman Zoning Board of Appeals, Town of Wappinger 6