00-7066
TOWN OF WAPPINGER
P.O. Box 324
20 Middlebush Road
Wappingers Falls, NY 12590-0324
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Telephone: (914) 297-1373
Fax: : (914) 297-4558
To: Ms. Elaine Snowden
Town Clerk
From: Christina DiPaola, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Original Application / Decision
Zack's V-Twin Cycle Appeal No. 00-7066
Date: October 19,2000
ZONING BOARD OF APPEALS
Attached you will find the original application / Decision & Order for Zack's V-Twin Cycle Appeal No.
00-7066. I would appreciate it if you would file these documents.
CC: Mr. & Mrs. Agiovlasitis
Zoning Board
Building Inspector
Fire Inspector
Assessor
Town Attorney
Town File
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SFP 0 ( 2000 INTERPRETATION APPLICATION
ZONING ADMINISTRATOR
TOWN OF WAPPINGER
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
Appeal # CXJ - 7ofoe:,
Date: q I &L 00
Fee: ,$ 3 fl- 00
Receipt
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
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(Tel. Nos. Home/Work)
HEREBY APPEAL TO THE ZONING BOARD ~F APPE-\kS FROM THE DECISION/ACTION OF
THE ZONING ADMINISTRATOR, DATED ~ ~ ,'M~ AND DO HEREBY APPLY FOR AN
INTERPRETATION.
Premises located at _{( '\ 3l {p ., C I flu ~ fL f\ t.- A, W Pi f f)lu Ct-L"RS (A L LS I f\) ~
(Address of Property)
~ ;;2.69 ., 0.;2 - S I ~ g;1 0
(Grid Nos.) (Zoning District)
1. RECORD OWNER OF PROPERTY Lfr{(. \ e L A to {( f
! /2 (J (Name)
. tJ'/;:;"IYtV ~ /L 11 J JOS-OS- flf- ~ d- ~-(<;')lf,/
(Address) {Phone Number) L
OWNER CONSENT: Dated:Cf'" (, -~ignature: S~ ~
Printed: 5/7/.~.dOll:e G J ~ /?-fJ t~
2. INTERPRETATION REQUEST
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR AN INTERPRETA nON OF
THE FOLLOWING REQUIREMENTS OF THE ZONING ORDINANCE.
Se~+1N0 Jl\-O,bl
(Indicate Article, Section, Subsection and Paragraph)
3. REASON FOR APPEAL (Please explain in detail. Use extra sheet, ifnecessary):
SeL ~W
,
Zoning Board of Appeals
Interpretation Application
Appeal No.(b -70&~
Page 2
REASON FOR APPEAL CONTINUED
4. LIST OF ATTACHMENTS (Check applicable information)
( J) SURVEY DATED ~ IJ~ LAST REVISED
BY 8a rc1ell II (D- e .
( -0 PHOTOS
(.J) DRAWINGS DATED C:el::,. I~, aOO 0 '.
r
AND PREPARED
( v")LETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO THE ZBA.
(e.g., recommendationfrom the Planning Board / Zoning Denial) vi J
J LETTERFROM 1A-rIf}NA l\1Klfh'JO f~ - Z-oNlrver A\)l-t11rV DATED: ~J?'9.U)O()
LETTER FROM DATED:
( /J OTHER (please list): .\'f\;)( fl2.~ M 2 Ac-'? ... i< 111\ B &1 0 " Lfl.s. I n~ ~ 0 iJ
5. SIGNATURE 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 PLI TIO
SIGNATU
DATED: ~l 0 b
DATED: vW 00
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SEP 0 I 2000
ZONING ADMiNISTRATOR
TOWN OF WAPPINGER
REASON FOR APPEAL:
We respectfully disagree with the denial letter dated 8/29/00 from the Zoning Administrator. In
that letter only the sales and service was addressed regarding our business.
We want to stress the fact that we are a retail store for parts, accessories and clothing. We have
attached our fax dated 8/22/00 explaining in detail the nature of our business. To further
emphasize the retail nature of our business, currently we have hundreds of various parts,
accessories, clothing, etc., but only four motorcycles in stock.
Section 240-67 & Section 240-70 appear to be related to Automobile Sales & Service which need
outdoor units on display. As we have stated previously, we do not leave any motorcycles
outdoors when we are closed. Motorcycles will be displayed in our showroom.
For the above reasons, we wish to make this appeal.
lRi~cg~Ow~[Q)
SEP 0 I 20nn
ZONING AOMINISTRATOR
TOWN OF vVAPPINGER
TOWN OF WAPPINGER
ZONING DEPARTMENT
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS. NY 12590-0324
TELEPHONE: (914) 297-6257
FAX: (914) 297-4558
CONSTANCE O. SMITH
Supervisor
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Mr. Alan Lehigh, Chairman
Zoning Board Members
Zoning Board of Appeals
Town of Wappinger
August 29,2000 SFP 0 'I 2000
ZONING ADMiNISTRATOR
TOWN OF WAPPINGER
RE: Proposed Use- Motorcycle Sales/Repair
Property on Rt.376- Ciros Plaza
\Vappingers Falls, NY
Tax Grid # 6259-02-515820
Dear Mr.Lehigh and ZBA members,
In view of our discussion regarding the above referenced property and the fact that the
Code of the Town of Wappinger does not, at present, address this type of use, I have
indicated to the applicants, Mr.and Mrs. Zack Agiovlasifis, that they must seek an
interpretation which only you, as the Zoning Board of Appeals, can make. The proposed
use can fall under the provisions of either Section 240-67 ,Motor Vehicle Sales
establishment or 240-70, Repair Garages. The applicants stress that they do not fall under
either ofthose designations and argue that their business is principally retail with an
accessory repaIr use.
I enclose the letter I have written to the Mr. Daniel Wery regarding the, need to address
such a use in our code.
Should you have any questions please do not hesitate to call me.
~~L::;:'yuL~
Tatiana Lukianoff
Zoning Administrator
cc: file
Mr. and Mrs. Zack Agiovlasitis
enclosed
TOWN OF WAPPINGER
ZONING DEPARTMENT
20 MIDDLEBUSH ROAD
PO BOX 324
WAPPINGERS FALLS, NY 12590-0324
TELEPHONE: (914) 297-6257
FAX: (914) 297-4558
CONSTANCE 0, SMITH
Supervisor
[R1~(Gi~~W~[Q)
August 29, 2000
SE P 01 2000
ZONING AOMiNISTRATOR
TOWN OF WAPPINGER
Mr. and Mrs, Zack Agiovlasitis
ZACK'S V-TWIN CYCLES, INC.
701 Violet Avenue
Hy'ie Park, New York 12538
RE: Proposed Use
Property on Rt.376- Ciros Plaza
Wappingers Falls, NY
Tax Grid # 6259-02-515820
Dear Mr. and Mrs. Agiovlasitis,
In review of your proposed use of having a motorcycle saLes/ repair shop on the above
referenced property, I can only determine that as per the present Code of the Town of
Wappinger, you fall under the provisions of Section 240-67, Motor Vehicle sales
establishment.
You can appeal to the Zoning Board of Appeals for an interpretation of your use
designation. I enclose the forms for such an appeal.
Should you have any questions please do not hesitate to call me.
Very truly yours,
Tatiana Lukianoff
Zoning Administrator
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cc: file
Zoning Board of Appeals
Interpretation Application
Appeal No.C2/-10~~
Page 3
.......................................................................................................................................
.......................................................................................................................................
FOR OFFICE USE ONLY
CONCLUSION: THEREFORE, IT WAS DETERMINED THE ZONING BOARD OF APPEALS
( ) UPHELD (x) REVERSED THE ZONING ADMINISTRATOR'S PREVIOUS
DECISION.
CONDITIONS/STIPULATIONS: The following conditions and/or stipulations were adopted by resolution of
the Board as part of the action stated above:
On 1'l1P!':r!,qy Orj-nnp'Y" 17,?OOO, the Zoning Board of Appilals TPVP'Y"!':Pr! j-np 7.nning
Administratgr'g iTIj-P'Y"p'Y"Pj-,qj-inTI Tn." 7.nning Board felt. thRt" t"hp II!':P t"n,qt" i!':
prOpOiiilQ is R 'Y"pt".<Iil l1!':P. TInj- .<I mnj-n'Y" "E'"ni('J." sale
( ) FINDINGS & FACTS ATTACHED.
DATED:
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
C2G;~ r ~~ r {
. (Chairman)7 ,:;::~
PRINT: Alan c. Lehigh
BY: