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714 ZONING BOARD OF APPEALS TOWN OF WAPPINGER ACTION ON APPEAL ~ i. RECE\VEO FEB,. 21 .1984 Appeal No. 714 Dated Fp-hrll~ry 17, 1 qR4 ELAlt~E e. S!lOW9EN Appellant Denis anq Anne McMahon Wappinqers Falls, NY 12590 Address 47 Widmer Road At a meeting of the Zoning Board of Appeals on Fehruary 14, , 19.R.L- ,Appeal No. 714 was considered and the following action on the request for: 0 A VARIANCE,XJ A SPECIAL USE PERMIT, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S), was taken: I. VARIANCE: By resolution of the Board. it was determined that strict application of the Ordinance 0 would 0 would not produce undue hardship for these reasons: a. The property in question 0 would 0 would not yield a reasonable return if limited to the use permitted under the Ordinance, because: b. The hardship created C; is C is not unique and 0 would 0 would not be shared by all properties alike in the vicinity of the property and in the same use district. because: c. The variance 0 would 0 would not change the character of the district. because: Therefore. it was further determined that the requested variance 0 be granted 0 be denied and that the previous decision of the Enforcement Officer 0 be confirmed 0 be reversed. 2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit 8-ee .gF8ft1e6 ex be denied. pursuant to article , section or subsection , paragraph of the Zoning Ordinance and, therefore, the decision of the Enforcement Officer 9- 5e-fe't'efse8 ex be confirmed, because: PTR~SE SEE ATTACHMENT. 3. INTERPRETATION: The Board adopted the following resolution which stated its interpretation of the Zoning Ordinance as requested in your appeal: 4. AGGRIEVED PERSON(S): By resolution of the Board, the following decision was made on your appeal: J-r' ~;A~. Chairman, Zoning Board of Appeals " In the Matter of the Application of DENIS and ANNE ~1cr-1AllON Applicants, owners of a parcel of property of approximately seventeen acres of land in a R-20 20ning district, seek a Rpecial use permit to permit use of the premises as a "private chapel," the same to be housed in a barn presently existing on the premises, the interior of which apparently has been renovated for such use without the obtaining of the necessary building permit and certificate of occupancy. At a puhlic hp3ring conductl.d on thc' 10th day of January, 1984, various individuals spoke on hehalf of the application. The applicants first lwcaml' intl'resrt.d in dl'v('l\lpjnp. a cc'ntl'r for religious puproses on their property when Denis McMahon's personal physician n'commended that he undertakl' some> activity with the church as he was unahle to continue full time employment. I nap p ro x i In ate 1 y 1978 or 1979. religious activities were commenced on the property on an intermittant basis, the first being those attributable to marriage ceremonies, etc. The religious activities were conducted by memhers of the Order of the Society of St. Pius X who operate the church on a missionary basis and occupy the premises on a transient basis. Masses are conducted by members of the Order of the Society of St. Pius x. In 1981. a Delaware corporation was formed in thl' name of Maria Regina Chapel to provide a formal corporatl' structure with the religious organization utilizing the McMahon premises. The religious activities evolved to the level wht.'re weekly Masses were COll'ducted on Sllnday with approximately 35 to 40 attendees. The ch;lpel has a seating capacity of 40 to 60 seats and the avera~e numher of cars utilizing the premises is in the ran~e of 10 to 1S cars. The McMahon residence is used to support the religious activities of the chapel, including the use of it for transient housing accomodations for visting members of the Order, for clerical activities, for storage of religious items, for choir practice, as well as for meetings and conferences associated with the activities of the chapel. Applicant Denis McMahon holds no corporate office within the corporation or other title, although he does provide certain supporting services as the sacrist assistant, including those associated with maintaininR the prpmisps lor the religious activities which take place. The applicants apparently live in the second floor u1' thl' rpsidence, ;l1though tlH'y ust' tlw kitchen facilities on the first floor and havp accpss to the balanct' of the first floor during the wCt'k unless it is being used for church purposes. No evidence was pres(~nted of any lease arrangement IwtwC'l'n the reliRious corporation and the applicants or other formalized arrangement between the applicant, the chapel activities taking place there by invitation rather than by formal arrangement. Under the zoning regulations of the Town of Wappinger, places of worship, including parish houses, are CJ (H'rmittcd principal use within an R-20 zone subject to special permit approval. Under the provisions of ~432 ~overning the issuance of special permit uses, the Zoning Board of Appeals may authorize the issuance of a permit if it finds that the applicant has satisfied the following conditions and standards: (1) The location, size of use, nature and intensity of the use, the context of the size of the site and location of the site are such .' that the proposed use would be in harmony with the appropriate and orderly development of the district. (2) The location, nature and heighth of the buildings and accessories are compatible with the appropriate development and use of the adjacent lands and buildings. (3) There will be no objectionable noise, fumes, vibrations, illuminations or other characteristics associated with the operation which would be objectionable to neighboring pr-operty owners. (4) Parkin~ ;lre8S will he of ndcqu.It"P Hize, prop('rly located and suitably screened from adjoining r-esidential uses and an entrance .:.lnd exit shall bl' laid ()ut to achl'ive maximum safc,ty. Under the provisions governing submission of applications for ~iH'cL:d use permits, a sitp dt'vplopm('I1t pl.1n mUHt he suhmitted having that information described by ~450.2 and the necessary fee paid. The ldttl'r n'quireml'l1t has not lw('n obst'rv(.d and while :I skl'tch containing some of the information prescribed by ~450.2 has been submitted, such has not been submitted in the form prescribed by that section or containing the information required therein. Note is made that under- the provisions of the New Yor-k State Uniform Fire Prevention and Building Code Act, an area of public assembly is defined as any building or portion thereof used for gathering together of 50 or more persons for various activities including religious activities or similar purposes, a standard applicable to the chapel structure in question given testimony that its seating capacity is in the range of 40 to 60 person~. Under the provisions of the zoning ordinance of the Town of Wappinger, only one permitted principal use is per-mitted on any lot. . From the evidence adduced at the public hearing, it is apparent that till' prL'miSl'9 in qtH.'stion have always hl'l'n the residl>ncl' of Denis and Anne McMahon and continues to serve as such residence. It is further evident that the religious activity proposed for the site has been an on-going activity associated with the site since 1978 or 1979 notwithstanding the provisions of the zoning ordinance which preclude a second principal use of the site. The present application for the proposed use is made not by a religious organization but by the property owners, who have not adduced any evidence of a lease drrangl'ment or agreement with the' Rl'gina Maria Chapel wherein they have abandonl'd usp of the site as their principal residence. t-1oreovf>r, it was conceded at the hearing that the applicants are not employees of the Regina Maria Chapel nor ufficers thereof and that while Mr. t-1d1ahon performs certain incidental services to support the activities of the chapel, these appear to he of a voluntary character rather than one arising out of a formal relationship. Moreover, the religious use is one generally limited to Sundays and sporatic meetings during the week, and the religious activities are conducted on a missionary basis rather than by the presence of a resident Priest. By contrast, the premises continue to he utilized by the McMahon's as their principal residence throu~hout the week. Under such circumstances, it cannot be found that the applicants have aban- doned their prior use of the premises as their principal residence, and satisfactory proof has not been adduced that the residential character of the property has become subordinated and incidental to the activities of the church, particularly in view of the limited scope of activities undertaken by the church at that location. Moreover, under the provisions of Section 501 of the zoning ordinance of the Town of Wappinger, no agency may approve any permit for any use of land which would not be in full compliance with the provisions of the ordinance. It was conceded at the public hearing that the barn structure on the premises has been converted into a chapel and has been used for a place of public assembly on a weekly basis with attendance ranging in the area of 30 to 40 persons. It was also conceded at the public hearing that no valid certificate of occupancy has been issued for use of the premises as a place of assembly. The board also fines that the chapel as used is not a private chapel. Testimony was presented that any person who wished to attend services may do so. A private chapel would be one generally used only by the applicant and members of his family. Under such circumstances, the Zoning Board of Appeals is con- strained by such provisions of the zoning ordinance from issuing the necessary special use permit until such time as (1) it can be demonstrated by satisfactory evidence that only one principal use is being conducted on the premises and (2) a lawful certificate of occupancy has been obtained for the barn structure as an area or place of public assembly. This denial would not preclude subdivision of the property to establish a public chapel, subject to the standards set forth in the zoning ordinance. . Appeal #714 -2- February 17, 1984 , At the February 14th, 1984 meeting of the zoning Board of Appeals, a motion was made by Mrs. Waddle, that the special use permit for a chapel be denied. The motion was seconded by Mr. Urciouli. Vo te : Mr. Landolfi - aye Mr. Cortellino - aye Mr. Urciouli - aye Mr. Caballero - aye Mrs. Waddle - aye The motion was carried. ... . TOWN OF WAPPINGER NOTICE OF APPEAL Appeal No. 7 ~~ Date /0/6/".3 I , ~ Appellant D ~ IV l.r l A N Iv [ 1..t1 (,"1 A H (J N Home Mailing .,_? Address 47 WI DI'-'l::. R R OA D :-v .A'~ (':;- ! tJ G- ::: R S , N.Y' , Zip Code: 12590 Tel. #: '2. ep ~ 3 4- , q TO THE BOARD OF APPEALS: I, 1) ~ S ~ M c:. MA:HoN , appeal from a decision of the Zoning Inspector, dated S~ Zl. , 19~ , and do hereby apply to the Zoning Board of Appeals for: 0 A VARIANCE.)i{A SPE USE PERMn; 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AN AGGRIEVED PERSON(S) (check proper one), in conn~on with premises located at _~ - Zo 61 C;-6 - o'Z- -- 810 s-ct 0 (zoning dist.) , (grid no.) (stt~&:r.,Y.J , Town of Wappinger. ~:Jr._ .., '2~ . ( tM./ - '~' t 1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED (article, section or subsection and paragraph) 2. TYPE OF APPEAL (Complete relevant section). * a. A VARIANl.""E IS REQUESTED for the following reasons: 1) Strict application of the Zoning Ordinance would produce undue hardsrup because: 2) The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this property and in this district because: A f(\~~ C~t\ V\S~ c. INTERPRETATION ofthe Zoning Ordinance is requested because: d. AGGRIEVED PERSON(S) an appeal is requested because: 3. OTHER REMARKS: ,. (Use extra sheets if necessary) " · The required plan must accompany the Notice of Appeal. APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL NOTICE IN THE LOCAL NEWSPAPER. APPLICATION #~ _ . TO~,1N OF WAPP INGER ZONING BOARD ~ .. 'DATE RECEIVED BY FEE RECEIVED DATE APPLICATION FOR SPECIAL USE PERMIT 'TITLE OF PROJECT: N&'1E & ADDRESS OF APPLICANT: [) C I..J ':: l A IV N C M ( M A J.I 0 rJ 4-7 WIOMER street RO IvAPt?//J&-EkS ,Town Iz5qo Phone # 2. q 7 - 34. ! '1 '/v'. V, . state NAME & ADDRESS OF OWNER: A 13:; v:;' ~.:. - ,,', street Town state Phone # Please specify use or uses of building and amount of floor area devoted to each: /2..0 () S Gv,A [> c: c':::-;7""'" (0 fA :.. - .I ...../ E' .'!( j "or;""'! AI:;: ..':3~:j / :- ~~,. "/~' ..- ) ';"'00 '!:QvAru;: r=:;t~I '0 ii?E u~t:D' AS A.N AI...7'A((- f' :-AN":,-V^'''--r ,~",r;=~-.~ r.-:':..'- t--l"'~, '^:- fOj ,'~:.;Ar::':; .-::;3E7"" ..,..~ p~' us:!!) ,,4: ^ =r:-l,/Ai';; Cf-.lA C;-";'5;'. LOCATION OF PROPERTY: .:!. "':/ j.,../ / l',/v. .:~r.. ... ,- .'-' -::-...., ..t r.. ,,_f '::, - ~.... .' . J ::.........-... ZONING DISTRICT: ~-~ '7. c 2 ACREAGE: ANTICIPATED NO. OF EMPLOYEES: IvJ IV .~ NO. OF PARKING SPACES PROVIDED: jvo IV!:!" 10 ~~t..rt5J. 1,- SIGNE~~~~~~~~ -~ DATED: Se~eM~ev ti\ lq~3 ~. Note: Applicant is responsible for the' costs involved in publishing the required legal notice in the local newspaper~ - . APPENDIX B '.. SHORT ENVIRONMENTAL ASSESSMENT FOR~ (a) In order to answer the questions in this short EAF 1s is assumed that the preparer will use c~rrently available information concerning the project and the likely impacts of the action" It is not expected that additional studie!:!, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be signirieant and a completed Environmental Assessment Form is neces~ary. ~ '" _. (e) If all questions have been answered No it is likely that this project is ~ significant. (d) Enviro~~ental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ~ ~ ~ ~ . ~ ~ ~ ~ .. ~ ~ Will project affect the existing community by directly causing a growth in permane~t pop'.ua- tion of morp. than 5 percent over a one-year / period or have a major negative effect on the character of the community or n~ighborhood? . Yes No project? Yes 2 tz:> , nlA) r0~ ~ . DATE: C~~~\ INSTRUCTIONS: 2. Will there be a major change to any unique or unusual land form found on the site? . . . . . ). Will project alter or have a large effect on an existing body of water? . . . .!". . . . . . 4. Will project have a potentially lar-ge impacb on groundwater quality? . po. . . . . . . . . 5. Will project significantly effect. drainage fl~~ on adjacent sites? . 0 . . . ~ . . . . . . 6. Will project afrect any threatened or endangered plant or animal species? . . . . . . . . . . . 7. Will project result in a reajor adverse effect On air quality? . . . . . ~ . . . . . . 8. Will project have a major effect"on.visual char- acter of the community or scenic views or vistas known to be important to the community? ... 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designatad as a critical environmental area by a local agency? . ... 10. Will pr~jsc~ h?v~ a u~jur efr~~~ on ex1s~ing O~ future recreational oppor~m1ties~ . . . . 11. Will project result in major traffic problems or cause a major effect to existing transportation syste~s? . . . . . . . . . . . . 12. Will project regularly cause objectionable Odors, nOise, glare, vitrat~on, or electrical disturb- ance as a result of the project's operation? . ~3. Will project have any impact on public health Or safety? . . . . . . . . . . . . 14. 15. Is there~,controver y Co~rning the PREPf..RER'S SIGrIATt.'RE~JC LA1)i W ~ ""- T!nE: REPRESENTmG: ..;. 0" "'0 Ye~ / ila Ye.~~ ~/., 110 - Yes I No - .I' Yes I No - Yes -L No Yes / no - Yes j no - Yes -:L No Yes / No - Yes / No Yes j tlo Yes / tlo . Yes L N:> 7.-~ I '\'~ '\ ~ . ---- A.<~~ N ER. DE. N I S ( A N IV E M < M A H 0 N ) 4- 7 WID IV? c I( I~ 0 AD. e..- 0 L..y N E. R S 0 r: A D J ACE IV I (=> R 0 PER 1'1 E r SIT E" '-=>L. A /\/ NO TE S -ON PLAN- C. PR 0 ;;:;) 0 S f: D c /.I A N G- e S I IV U S t.:T A G- Ii. - C;<' I S" II N C- S 7'R v (IV R e-: F. LA R G- € eAR,v (30 'x <f- 0') L 0 CAT':::' D> A/' IJ 0 R I fI t:; N D o F D R I V t: N-;:" Y T () f3 LF v.s t:!" D A S- A P I~ I V' Art::' C 1-1 APE L. . -?-oo s q V ~ f? f!:. 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