673
....
~
. ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACfION ON APPEAL
RECEIVED
SEP 1 6 1983
Appeal No. 673
D~ed September '16th. i983
ELAINE H. SNOWDEN
"Appellant R.B. KnouE\e Enterpri~es, Inc
Waccabuc, New York 10597
Address
Ro~ 11:)7
At a meeting of the Zoning Board ofAppea1son September 13th ,19 A3 , Appeal No. h73
was coDSidered and the following action on the request for: 0 A VARIANCE,fiA SPECIAL USE PERMfr,'D AN
INTERPRETATION OF THE ZONINO'ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S), was
~~ . .
1. 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 th~
Ordinance, because: . ,
~.:. -.....,
.....L-...............,.".....
b. The hardship created 0 is 0 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:
. - "...:A '0;>,. '~'.
~._'~'''''
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 0 be
granted 0 be denied, pursuant to article IV , section or subsection 422 , paragraph HB-l of the
ZoningOrdinanceanff,~Ber.~:d~~~e~dQ~&d,~
P1ea~e ~ee Arr~~nmpnr.
3. INTERPRETATION: The Board adopted the following resolution which ~ed 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:
~0~~-
Gbairmftlt, Zoning Board of Appeals
. ' CHAIRPERSON,
Appeal # 673
-2-
September 16th, 1983
.'
At the September 13th, 1983 meeting of the Zoning Board of
Appeals, a motion was made by Mr.. Cortellino, to adopt the following
resolution:
BE IT RESOLVED THAT THE ZONING BOARD OF APPEALS HEREBY
RECOMMENDS THAT an amended Special Use Permit be issued to R.B.
Knouse Enterprises, Inc., subject to the following conditions:
.. ,-
1. A maximum number of six unregistered cars may be plac~d
on the site for sale.
2. Any new signs to be placed on the property with regard
to the used car sales shall comply with the requirements
of the Town of Wappinger Zoning Ordinance unless a variance
is first obtained.
The motion was seconded by Mr. Landolfi.
Vote:
Mrs. Waddle - aye
Mr. Cortellino - aye
Mr. Urciuoli - absent
Mr. Caballero - aye
Mr. Landolfi - aye
The motion was cafried.
-.
,. ..
~V~~ft-~
(Mrs.) Carol A. Waddle, Chairperson
.;.
,/
TOWN OF WAPPINGER
NOTICE OF APPEAL '
Appea.l No. 0 7 3
Date,_~ ~c) /g-3
Appellant ~NouSE. EJ1iERPRI.sES I ~c r
IN Ac.c.A f,uc ~.
Home Mailing
Address
130'1\ I!)' 7
Zip Code: I () ~q 7
Tel. I/'; 'i"'t3--332.4
TO THEBOARD OF APPEAlS~
I, R · B. K' N O\.lsf. t appeal from a decision of the Zoning InSpector, dated
, 19-,-- , and do hereby apply to the Zoning Board of Appeals for: 0 A VARIANCE, ~ A
SPECIAL USE PERMIl; 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at Rt q ~ SmlTHTOWIJ ed,
UB A (street & no.)
~ I -1.. 7--kL:) 7- /) 'f - 7 3 D <9 ~ 8' , Town of Wappinger, N.'Y.
(zoning elis/.) (grid no.}
"
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED
,
(article, section or subsection and paragraph)
2~ TYPE OF APPEAL (Complete relevant section).:I<
. . .... ~, >
a. A VARIANCE IS REQUESTED for the' following reasons:
1) Strict application of the Zoning Ordinance would produce undue hardship because;
2) The hardship created is unique and is not shared by all properties alike in the immecliate vicinity of this property
and in this district because:
3)' The variance would observe the spirit of the Ordinance and would not change the character of the district
because:
b. A SPECIAL USE PERMIT IS REQUESTED pursuant to article ~ - , section or subsection
--11:L. ~ paragraph (;, ( tJ 'B) of the Zoning Ordinance to permit the following use on I he
above premises: \0 C\Mf))I!.t-I~ ~(... (,),\t~-t fe~lT- -fu t/\\\.e.;w -6-<.1.\.~ SG\ \e., ~b
h'-' c.~\~~~ 'l'n,~ ~lS~o.V\~ ~.d)r~ ~. l.ov-S\. ~.
c. INIERPRETATION of the OIllng r mance IS req esteo ause: -V-\. - \ ,,\..... ,r-.l
1I\se(l CAYS
d. - AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER REMARKS:
(Use extra sheets if necessary)
Signature
RtS./~.af-./ IkGS
,
lOr 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.
I'
. TO~iN OF WAPPINGER
ZONING BOARD OF APPEALS
APPLICATION:#= ~76
.
RECEIVED BY /3..A.-- ~_
FEE RECEIVED /1-)$:
DATE -,d~
DATE
APPLICATION FOR A SPECIAL USE PERMIT
;. #,'
a'-.
TITLE OF PROJECT: Classic Auto Bodv
. . .. .. R."B."NDU~E; EVI"Te:.~p~'Ses. ::rI\lC..
NAME & ADDRESS OF APPLICANT~. d12o... CLAS51C. J4U7t1 8cltJy .
f{T q 4. SmrrHTtJUJN Rei WAPPSNGE-R,. JJ. Y.' . ;Z&J7 -/7/0.
street Town state Phone #
~() )( ,s 7
street
Re B .J("/JuusE E/?Tet<pR.'Ses INc....
Wflce,qT3uc.. N. y. 763- 3'32+
Town state Phone #
NAME & ADDRESS OF OWNER~
Please specify US~ or uses of building and/or land and amount of
.P~M\\' j_
floor area devoted~:to e~ch: II Dm6nO e Ll~ENT .:2:fhVJP,;l.6 ~
JNc,LuJe. USE-O .CAR P~I~rZ.. W"~YYJA-Xit'\'11l.(,KItCt (, /UJO'711~J
. .' . ,~~~.
LOCATION OF PROPERTY: .f{Tq t. SmITH TOWN Rd
th.,. ~A-
ACREAGE:
~ .
7..;,- (i:I./ .
ZONING DISTRICT:
.
ANTICIPATED NOe OF EMPLOYEES~
5'
~f
'NO. OF-PARKING'~PACES PROVIDED:
DATED:
RI3.~ PI26~'
Appli~ant
Q/II'/8'3
SIGNED:
Note: Applicant is responsible for the costs involved in publishing
the requi~ed l~gal notice in the local nm'lspaper_
..
,-
.---..
--
;-0
Classic Auto Body
A Division of
R.B. Knouse Enterprises Inc.
Box 157
Waccabuc, New Yark 10597
April 16,. 1983
Mr. Hans Gunderud
Building Inspector
Town of Wappinger
.~
Dear Mr. Gunderud,
This is a request to amend the current zoning
restrictions for the business known as Classic Auto
Body r located on. Route if 9 and Smithtown Road!,
I intend to leave the property and buildings as
they currently are, and continue the clean up effort.
I purchased the business in March 1982 and lease .the
property. We have made significant progress with the
clean up effortp and should be able to clear the re-
maining weeds in the next few weeks. This should bring
the property back to the appearance described in the 8i1:e
plan. ::i'i:
I am requesting the zoning regulation be amended
to allow us to become a used car dealer as well as an.
auto body business. The auto body business is cyclical
and at times very slow. If we had a dealers~license,
we could buy Co~5 to rebuild and resell. This would pro-
vide an excellent buffer for slow times and provide
insurance against layoff for our employees.
I would limit my used car activity to a maximum
of six(6) cars on display at anyone time.
The only visable changes to the business would be~
1.- The pole sign in.the front of the building would
be changed to read - Classic Auto Body and Used Cars.
2. - Up to six(6) cars on display as per attached 8i1:e plan.
Thank you for your assistance with this matter.
Sincerely,
RI3.~
Robert B. Knouse, President
~
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PLANNING BOARD~7~~~
TOWN OF WAPPINGER ~~~
TOWN HALL
WAPPINGERS FALLS. NEW YORK 12580 ; ...~ /
TaL. 287-8257
{!1!~
Report To: Zoning Board of Appeals
From: Town of Wappinger Planning Board
Date: July 20th, 1983
Subject: Application of RoBo Knouse Enterprises, Inco for an
Amended Special Use Permit to Permit Used Car Sales
on property located on the corner of Route 9 and
Smithtown Road, in the Town of Wappingero
At the July 18th, 1983 meeting of the Planning Board,
a motion was made by Mro Parsons, to adopt the following
resolution:
The Planning Board of the Town of Wappinger hereby
recommends that an amended Special Use Permit be issued to
RoBo Knouse Enterprises, Inco to allow for the sale of used
cars on their premises'located on the corner of Route 9
and Smithtown Road, subject to the following:
loA maximum number of six cars may be placed on the
site for saleo
2. Any new signs to be placed on the property with regard
to the used car sales shall comply with the requirements
of the Town of Wappinger Zoning Ordinance unless a variance
is first obtainedo
The motion was seconded by Mr. Lawrence.
Vote:
Mro Fanuele - aye
Mr 0 Lawrence - aye .
Mr. Mills - aye
Mro Rubenstein - aye
Mr. Keller - aye
Mro May - aye
Mr. Parsons - aye
PLANNING BOARD
TOWN OF WAPPINGER
TOWN HALL
WAPPINGERS FALLS. NEW YORK !2SeO
TEL. ae7.62S7
Page Two
The motion was unanimously carriedo
br
July 20th, 1983
cc: Kenneth To Croshier,Highway Superintendent
Fire Prevention Bureau
Hans R. Gunderud, Bldgo Inspector/zoning Admin.
Edward Hawksley, Conservation Advisory Council
Dutchess County Depto of Planning - Referral.# 83-159
Rudolph Eo Lapar, Engineer to the Town
New York State Depto of Transportation
RoBo Knouse Enterprises, Inco ~
Elaine Ho Snowden, Town Clerk v/
/
RUDOLPH E. LAP riR, P .E.,P .C.
Home:
274 ALL ANGELS HILL ROAD
WAPPINGERS FALLS, N.Y. 12590
Phone: 297-3935
Milin Office:
90 EAST MAIN STREET
WAPPINGERS FALLS, N. Y. 12590
Phone: 297-6272
June 17, 1983
SITE PLAN REVIEW: R.B. KNOUSE ENTERPRISES - SPECIAL USE PERMIT
ROUTE 9 & Smithtown Road (N/F Classic Auto Bodv)
We have reviewed the Site Plan - since there appear to be no changes
to the original site plan except that he is cleaning it up, we have
no objection to also selling used cars. as long as the Zoning Admini-
strator and Planning Board find no problem.
REL/lr
/
0-,,\
.---
OFFICE OF THE
ZONING ADMINISTRATOR
TOWN OF WAPPINGER
TOWN HALL
WAPPINGERS FALLS. N. Y. 121590
Ta.. 287.82158
R. B. KNOUSE ENTERPRISES
July 12, 1983
SPECIAL USE PERMIT
a. - m.
n.
450-251
450-252
450-253
o.
p.
q.
r.
s.
JVT/ltc
OK
This requestor has been consistent in complying with
the Zoning and Building Department request for clean-
up of property in past and should so a reasonably good
jOb in improving the site.
none indicated
none submitted
none indicated
submitted
all existing to remain
no fee on amended site plans
none indicated
N/A
PROJECT TITLE: R.B. I<non~p- F.nTP-rrr;c::.:>c. - 5po(,;ill Ui:Q PQrmit
Route 9 & ~m;T"Tnwn ~o~n (~/F Cl.~~iQ ~utg Rg~~)
l
DATE SENT:
June 1 C:;t" I 1 q"R~
The attached application for a Special Use Permit is herewith
referred to you for your comments and reco~~endations.
Please initial in the appropriate space and attach your
comments to this sheet and return them to the Planning Board
secretary.
Thank you for'your cooperation.
'Eng ineer to the TOvln Due Date .'Tn1 yRt-h I lq~n
.
"Zoning Administrator Due Date .'Tn1 y' RT" I lqR':l
-KIt. - - ~
. Hi9fi~,ay Supt. Due Date . ~lJJy 8th.. J983
,,,,lA . .,.;
Fire Prevention Due 1:>ate . July. 8th r
1983
"Bureau
Dutchess Co. Dept. Due Date
of Public Works
Dutchess Co. Dept. Due Date Ju'ly 8th. 1983
of Planning
New York State Dept. Due Date Ju1v 8th. 1983
of Transportation
Conservation Adviso~ Due Date July 8th, 1983
Council
/
.'
FIRE PREVE.~"Tla.'1 BURE1:U
ro.m OF WAPPINGER
'"'.1:-,~ To.n') of \'Jappinger Fire Prevention Bureau has revier:e:1 and appr0'.7cs of
R.B. Knouse Enterprises Special Use Permit Route 9 & Smithtown Road
s'.i)ject to conform~mce to the Ne\" York State Fire Pre-iention co:~-~ and Local La',,; :-:4 of
l~Pl
_:7J_.
0/P6f3
OJ( --/J-tg- ~~
:"~:sD:
. "'~i\,:i~'" ~>;.
~. /
SIQ~#.a,~
James C.. .Tomok~ns .
Cnal.rr.ar. ....lrE:--~r2\lentl.o;;. 3',rreau
..
RECSvr:n '.
J III } 1 1988
Tax Map Parcel No. 615704-730008
To: Zoning Board of Appeals
Referral: 83-159, Town of Wappinger
Re: Knouse Special Permit Application
The Dutchess County Department of Planning has reviewed subject referral
within the framework of General Municipal Law (Article 12B, Sections 239-1 and
239-m) and finds the ~ecisioD in this matter primarily involves matters of
local concern. ,,' ..
The Dutchess County Department of Planning, therefore, recommends the decision
be based upon local study of the facts in the case.
The Dutchess County Department of Planning does not presume to base its
decision on the legalities or illegalities of the facts or procedures
enumerated in subject zoning action.
Dated: July 5, 1983
Jeffrey L. Churchill, Deputy Commissioner
Dutchess County Department of Planning
By
~ 'fb:00
Ri chard Bi rch
Seni or Pl anner
RB/db
PROJECT TITLE: RaSa J{nnl1~p- F.nt-Pl'"rl'"ic:~C! - ~p"'C'ial TTCQ PQrJ::Iit
.-
Rou~e q & ~mit-Mt-n~ Ro~n (~/~ Cl.~~ic ~utg ~g~p)
DATE SENT:
Junp- lllt-M, 1q~':I
The attached application for a Special Use Permit is herewith
referred to you for your comments and reco~~endations.
Please initial in the appropriate space and attach your
comments to this sheet and return them to the Planning Bo.ard
secretary.; ;. .:.
Thank you for. your cooperation.
.Engineer to the Town
.
'Zoning Administrator
Due Date .T111 y Rt-h~ 1QS3
Due Date .Tn1 y' Rt-h I 1qR':I
Due. Date J111y RtM, . 1QR~
Due bate . July'
8th~ 1983
.",H:Lgfiway slipt.
,~.~..' '.. .
-...... -"
~-,.. ''\"r
Fire :Prevention
. Bureau .
Dutchess Co. Dept.
of Public Works
Due Date
Dutchess Co. Dept.
of Planning
jle CoJ.lCl:s~)t.5
~ ~-~83
Conservation Advisory
Council
Due Date Ju"ly 8th. 1983
Due Date Ju1v 8th. 1983
~
Due Date July 8th. 1983
New York State Dept.
of Transportation