99-7021,099-7022
"
TOWN OF WAPPINGER
P,O. Box 324
20 Middlebush Road
Wappingers Falls, NY 12590-0324
Telephone: (914) 297-1373
Fax: : (914) 297-4558
To:
Eliane Snowden
From: Christina DiPaola, Secretaryc5>
Zoning Board of Appeals
Re: Original Application I Decision
Alpine Commons of Poughkeepsie
Date: October 15,1999
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ZONING BOARD OF APPEALS
HEGE. V 1::.0
OCT 1S 1999
E01NE SNOWDEN
fOWN ClER~\
Attached you will find the Original Application I Decision and Order for Alpine Commons Appeal Nos, 99-
7021 & 99-7022. I would appreciate if you would file these documents,
CC: Alpine Commons
Zoning Board
Building Inspector
Fire Inspector
Assessor
Town Attorney
Town File
DECISION ON INTERPRETATION APPLICATION
t:CEIVt::D
Applicant: Alpine Company of Poughkeepsie
OCT 1 5 1999
Premises: Alpine Commons Shopping Center
Tax Grid Number: 015702707773
r:::LAiNE SNOWDEN
-"NN CLERK
By Application dated June 25, 1999, the Alpine Company of Poughkeepsie
("Alpine") submitted an Interpretation Application from a written determination made
by Acting Zoning Administrator, Mark Lieberman dated June 17, 1999.
A Public Hearing on this Application was conducted on August 10, 1999,
which was adjourned to and closed on August 24, 1999. At the Public Hearing, the
Applicant gave testimony and also submitted a copy of an Easement and
Maintenance Declaration encumbering the subject properties dated June 2, 1999. In
addition, attorney to the Town, Albert P. Roberts, introduced a copy of Local Law #1
of 1999, a Local Law which conditionally rezoned 18 acres to the immediate south of
the subject properties.
Based on the information supplied and submitted at the Public Hearing, the
Zoning Board of Appeals makes the following findings:
FINDINGS
1. Applicant indicated it has negotiated a sale of the existing Shopping
Center. However, the purchaser was unwilling to pay for the developmental rights to
the undeveloped portion of the Shopping Center and thus, Applicant seeks to
subdivide the undeveloped portion to preserve any potential developmental rights.
2. By Application dated April 16, 1999, Alpine made application to the
Planning Board to subdivide the premises commonly known as the Alpine Commons
October 12, 1999
Shopping Center into two lots, one lot containing approximately 76.2 acres and the
other lot containing 10.6 acres.
3. The proposed lot containing 10.6 acres is situated partially in the
Shopping Center ("SC") Zoning District and partially in the Highway Design ("HD")
Zoning District.
4. The acting Zoning Administrator determined that lots within an SC Zone
require a minimum of 10 acres and lots within an HD Zone require a minimum of 5
acres.
5. The proposed10 acre lot contains approximately 7.58 acres in the SC
Zoning District.
6. The acting Zoning Administrator also noted that Zoning Law Section
330 requires that each portion of a lot shall comply with the requirements of the
District regulations as provided in Section 420.4 of the Zoning Law. The Acting
Zoning Administrator then determined "... that the lot area of your aforementioned
plan does not conform to the bulk requirements under the Town of Wappinger Zoning
Law Section 420.4".
7. During the Public Hearing, the applicant gave evidence that the HD
portion of proposed 10.6 acre lot contained only 2.75 acres, which is less than the 5
acre minimum for a parcel in the HD zone. However, the HD portion was previously
a separate lot and the nonconformity was created by the adoption of the Town's
Zoning Law. The 7.58 acre portion in the SC Zone will not comply with the 10 acre
minimum in sllch district. Other than the 2.75 acres within the HD Zone, the balance
of applicant's property (86.8 acres) is located in an SC Zone.
October 12, 1999
8. The Zoning Board of Appeals also notes that the site (Alpine Commons
Shopping Center) was approved and developed as one parcel and the various
separate parcels comprising the Shopping Center were consolidated into one parcel
as per Planning Board requirements.
9. By document dated June 2, 1999, Alpine executed an Easement and
Maintenance Declaration ("REA") which in substance categorized the Alpine
Common Shopping Center into two parcels, one portion being designated "Shopping
Center Parcel" and the other parcel being designated the "Development Parcel" with
the so-called Development Parcel being the undeveloped portion of the Shopping
Center. The REA was done unilaterally, without benefit of any approval from the
Town of Wappinger; it is unclear if consent to the REA was given by applicant's
tenants.
DECISION
10. In reaching its decision hereinafter, the Zoning Board also takes notice
of the Town of Wappinger Subdivision Regulations Section 5.42 and 5.46.
Subdivision Regulation 5.42 reads in part ".. .Iot area and dimensions shall comply
with at least the minimum standards of the Zoning Ordinance for the District in which
they are located." Subdivision Regulations 5.46 reads in part ". In general, a lot
should not be divided by a Zoning District or Municipal boundary."
11. Both the Town Zoning Law and the Town Subdivision Regulations
require that lots located in two or more Zoning Districts must comply with the bulk
requirements of each Zoning District as set forth in Zoning Law Section 420.4. While
the HD portion of the proposed 10 acre lot does not meet the minimum acreage
because of the Town Board's adoption of the Zoning Law, the 7.58 acres, located in
October 12, 1999
I
the SC District would not contain the minimum 10 acres required for a SC District,
creating a self-made nonconformity.
12. The applicant has shown no demonstrated need why the minimum 10
acre requirement for an SC Shopping Center parcel should be ignored, other than
Applicant's inability to reach a satisfactory sale price with the purchaser of the
existing Shopping Center (ostensibly because the purchaser was unwilling to pay for
the potential development rights to the undeveloped portion of the existing Shopping
Center). Both the Town's Zoning Law and Subdivision Regulations expressly evince
an intent to avoid nonconformity. The Applicants speculative interests in the potential
maximum development of the site are insufficient to ignore the minimum acreage
requirements for an SC District. It is further noted that Section 305.2 of the Town
Zoning Law notes that a HD-Highway Design District is "...designed to discourage ...
strip retail development...", a use specifically permitted in an SC District. The
Applicant has sufficient lands to meet the 10 acre minimum requirement of the SC
District and/or the potential to acquire additional lands presently zoned SC.
Accordingly, the Zoning Board of Appeals hereby affirms the Decision of the Acting
Zoning Administrator.
October 12, 1999
-.
The question of the adoption of the foregoing Decision was duly put to a
vote on roll call, which resulted as follows:
voting: a~
Howard Prager, Chairman
voting: ~
Gerald diPierno, Member
voting: C1tf~
Douglas Warren, Member
voting: Jl b,sen\-
Alan Lehigh, Member
voting: ('11f
Victor Fanuele, Member
Dated: October 12, 1999
Wappingers Falls, New York
. {;~~, tJlf/.adb
Christine DiPacl~ Clerk to Zoning Board
of Appeals '
MEMO
October 12, 1999