Loading...
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 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 Town of Wappinger P.O. Box 324 - 20 Midd I ebush Road Wappingers Fa II s, NY 12590 Zoning Board of Appeals Office: 845.297.1373 I'V Fax: 845.297.4558 Zoning Enforcement Officer Office: 845.297.6257 www.townofwappinger.us Application for a i1 Interpretation Appeal # 05 - '1 2- ~Cj Dated: 12-6 -0'; TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: . residing at~.!) Mc..;" 'St. hi ,~-""~I- '2.212.. (phone), hereby appeal to the Zonin Bard of Appeals from the decision/action of the Zoning Administrator, dated 9Pu_tfV\b~ (, , 200.5., and do hereby apply for an interpretation. Premises located at 2,.2.B MJesc:. Cor,^u~ ~ Tax Grid # ~'l,.t)6 - 02 -70l) '2-c, 'l..o Zoning District 1--1& ~ f-, 1. Record Owner of Property '2.'26 Ml4-V"s ~rM..r<; , LLc.. Address 1:...1'> Mc-..,,, St, <;~l.t(.. ~;o ""~i+t. cpla.,^s, tJ( lOcPol A1' Phone Number~ -w- '2..2=12... -r--r }Iv r ~a- ~ 'L4t U-C Owner Consent: Dated: \ 2.. - ~ - 0"5 Signature: '> tf J:::::r:2::5 - MY UA~ Printed: ~.' Wft-(.s.t-t--=' 2. Interpretation Request: I(We) hereby apply to the Zoning Board of Appeals for an interpretation of the following requirements of the Zoning Code. 1... 3. Reason For Appeal (Please substantiate the request by answering the following questions in detail. Use extra sheet, if necessary): Se.t. o...tt....~-"( Ae...<;..c...C'; \' ~b^ TOW026.ZBA-AI (4-03 Rev) 1 of 3 Town of Wappinger Zoning Board of Appeals Interpretation Application Appeal No. Reason for Appeal Continued: 4. List of attachments (Check applicable information) ( ) Survey Dated , Last Revised and Prepared by ( ) Photos ()') Drawings Dated \ 'l..-e -oS ( Io..\t ('t.-"~~~O(\ ). ()(.) Letter of Communication which resulted in application to the ZBA. (e.g., recommendation from the Planning Board/Zoning Denial) Letter from .zoJ\.~J E,i('(.~~'.u- Dated: 1'2.-(. -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}llation given is accurate as of the date of application. ","'--II ~LA u.. C SIGNATURE rg ( ~ . ~ DATED: (Appellant) SIGNATURE DATED: (If more than one Appellant) TOW026.ZBA-AI (4..03 Rev) 2 of 3 Town of Wappinger Zoning Board of Appeals Interpretation Application Appeal N005-77RQ FOR OFFICE USE ONLY Conclusion: Therefore, it was determined the Zoning Board of Appeals ( ) UPHELD (X) REVERSED-based upon new f ac ts. 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. ~ Findings & Facts Attached. DATED: September 26, 2006 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK BY:~ -/ ~~ (Chairman) PRINT: Vi ('tOT 1<'.<lTI1IPl P TOW026.ZBA-AI (4-03 Rev) 3 of 3 Reason for Aooeal/Internretation 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 respectful1y request tliki the ZBA make an interpretation on the applicability of the lot area exception descriJ>~p in ~240-70 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 apptLc;am i~ 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 in:~1(}, the other minimum lot area variances requested as part of this application package will be ~ally less. Should the ZBA uphold the determination of the Zoning Enforcement Officer, ~licant has submitted the necessary applicatWn 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. 1 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 S240-67, 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,s240-67 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. 2 - TOwN OF WAPpINGER SUPERVISOR JOSEPH RUGGIERO ZONING ADMINISTRATOR TATIANA lUKIANOFF TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALOATI November 22, 2006 ZONING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (B45) 297-6257 FAX: (B45) 297-455B Ms Rebecca A. Valk V~ DeWater and Van DeWater, LLP 40 Garden Street P.O. Box 112 poughkeepsie, New York 12602 RE: Determination: 233 All Angels Hill Road Town of Wappinger Tax Grid # 6257-02-842948 Dear Ms. Valk, 1 have reviewed the submitted documentation regarding the above referenced location, consisting of an affidavit of Mr. John Guerra along with supporting documentation dated October 27, 2006. The premises received approvals from the Planning Board and the Town as follows . Site Plan approval and a Special Use Permit (SUP), dated 8/8/1969, for a "Medical Clinic' . Certificate of Occupancy, dated 4/3/1970, for a "Medical Arts Bldg" For the construction of a "one story professional building" which would be occupied by a "medical clinic" . The use of the premises has never been questioned by this office. It is acknowledged that at the time ofthe application, "medical clinic" was a permissible use in residential districts but one requiring a SUP. Dr. Guerra applied for and was granted both site plan approval and the SUP. The only issue in question was whether the use was intended to include several practitioners at the same time. This office requested that the owner submit any documentation which would support his assurance that it was intended for multiple tenancies. .- The submitted documentation lists the sequential occupants of the premises who occupied the premises at the same time Dr. Guerra had his office there. It seems that it is only since 1992 that the structure has been occupied by one practitioner. The use itself has been continuous. The Code of the Town of Wappinger provides a deftnition of "Clinic" as "an establishment where patients are admittedfor examination and treatment by one or more physicians, dentists, psychiatrists or social workers and where patients are not usually lodged overnight" Based on the submitted documentation, the definition of "clinic" and the affidavit listing the successive occupants, it is the determination of this office that the use, which is currently legal non-conforming, does allow the existing structure to be used as offices for two (2) separate practitioners provided they fall into the professional categories enumerated in the defmition of "clinic" in the Code of the Town of Wappinger. ~ery truly yours, . .// .'j , ~.. ~/; ..// /~~tttUC:~:::7 iA../U tU.u')t;( Tatlana Lukla110ff / t Zoning Administrator Cc: Supervisor Ruggiero Town Board Town Clerk Mr. Albert P. Roberts, attorney to the Town Mr. Jay Paggi, engineer to the Town Mr. George A. Kolb, Director of Code Enforcement Mr. Marco Caviglia, Special Counsel Grid file