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001 ,". ,. 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 February 7,2001 Mr. AI Lehigh, Chairman Zoning Board of Appeals Town of Wappinger RE: Appeal # 00-7077 GALS. - Area Variance All Angels Hill Road Zone: GB and R-40 Tax Grid # 6259-03-488062 Dear Mr.Lehigh: CONSTANCE O. SMITH Supervisor Based on information received after my original determination of October 30, 2000, regarding the zoning issues for the above referenced location, I now amend said determination. The applicant has submitted documentation that indicates that the lot in question falls under the provisions of Section 240-18F of the Code of the Town of Wappinger. Therefore the need for a Variance concerning inadequate road frontage is negated. Thank you for your consideration. Very truly yours, ~V~t0ft~ Tatiana Lukianoff Zoning Administrator ~. . , cc: Mrs. Connie Smith, Supervisor Town Board Members Planning Board Members Zoning Board of Appeals Members Mrs. Gloria Morse, Town Clerk Mr. Albert P. Roberts, Esq. Mr. Richard O'Rourke, Esq. Mr. Richard I. Cantor, Esq. Mr. Peter Elder, applicant Mr. 1\1ichael Takacs, Senior Staff Engineer Mr. Jay Paggi, Jr., P.E. Mr. Daniel Wery, AICP file · TOWN OF WAPPINGER ZONING DEPARTMENT CONSTANCE O. SMITH 20 MIDDLEBUSH ROAD Supervisor P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 TELEPHONE: (914) 297-6257 FAX: (914) 297-4558 November 20, 2000 Mr. Philip DiNonno, Chairman Wappinger Planning Board Re: GALS, Inc. Challenge to Determination by Zoning Administrator, dated 11/30/2000 Dear Mr. DiNonno, Since last Wednesday's Planning Board meeting I have reviewed the above referenced situation. Mr. Ira Pergament, filling in for Mr. Albert Roberts, Attorney to the Town, stated that, as per Section 240-18F. of the Code of the Town of Wappinger, the need for the Determination-specified Variance concerning road frontage was negated. Prior to writing the Determination I had asked for historic input on the above referenced project. The Determination was written based solely on officially available materials; the applicant's file. To date I have received no new documentation. Therefore, I must follow the procedures spelled out by the Code of the Town of Wappinger. Since the Determination by the Zoning Administrator had been made part of the record prior to Mr. Pergament's challenge, the Code is specific as to the subsequent procedure.. .namely, an appeal by the wronged or denied party to the Zoning Board of Appeals (Section 240- 107(2)). It is the responsibility of the applicant, not the Zoning Administrator, to provide any new documentation relating to this specific matter. Since Mr. Pergament had, on the record, identified and itemized the specific sections of the Code, the applicant's attorney has certainly been made aware of them and can proceed accordingly. The Planning Board has adjourned the discussion on the above project to its January 3, 2001, agenda. This provides enough time for the applicant to prepare an appeal to the ZBA and for a decision to be rendered by said Board. Thank you for your consideration. ~Ve~~u.IY yours, vJ / " " }" 'Ili{/ip tL ~1 tL/LA {~# Tatiana Lukianoff V Zoning Administrator "" ... Cc: Honorable Constance O. Smith, Supervisor Town Board Members Planning Board Zoning Board of Appeals Mr. Albert P. Roberts, Attorney Mr. Peter Elder, Applicant Mr. Rick O'Rourke, Attorney Mr. Richard I. Cantor, Attorney Mr. Dan Wery Mr. Jay Paggi, Engineer file . .f 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 October 30, 2000 Mr. Philip DiNonno, Chairman Planning Board Town of Wappinger RE: Proposal bv GALS. INC.I Zonina Issues All Angels Hill Road Zone: GB and R-40 Tax Grid # 6259-03-488062 Dear Mr. DiNonno: Mr. Richard I. Cantor, attorney, is representing some of the residents living near the above referenced location. In a letter addressed to me and dated October 11,2000, Mr. Cantor noted that there has been no determination from this office on the above subject and requested that I write one. There are potentially two issues here, one dealing with the use of the land and the conformance with the bulk regulations and second, the conversion of a dwelling into an office. Use of the Land and compliance with Zonina Code The lot is situated in two separate districts, a commercial zone, GB, and a residential zone, R-40. As per Section 240-10 ".....each portion of such lot and any building or land use established thereon shall comply with the regulations of the district in which it is located." .-t .." Based on the description of the proposed activity on the site, the proposed use clearly falls .into the designation of the Contractor's office and storage as per the Schedule of Use Regulations, Nonresidential Districts, Code of the Town of Wappinger. Moreover, since the Town Zoning Ordinance Section 240-5 Definitions does not expound on the meaning of the term "Contractor's Yard" I have sought the definition from the New York Zoninq Law and Practice. Fourth Edition..Section 38:05 ( Hereafter in this document designated as_NYZL&P) Therein "contractors' yard" is defined as a lot or piece of land on which vehicles, tools and equipment used by construction contractors are parked and stored. This term includes contractor's offices ........................." The use is PP, a permitted principal use, but it does require buffers as per Section 240-25 D. Section 240-25B also states that "....non-residential use abutting or directly across a local street from any properly in a residential district, a buffer strip shall be required along all such properly lines. " Driveway: The designated driveway is in both the GB and R-40 zones. This could present a problem only if the owners of the parcels in each district were different. Here I see no zoning problem. The owner of the entire property is the same individual and so no permissions are necessary for the use of said driveway. Frontaqe: Reviewing the bulk regulations, I see that the GB section of the lot does not co'nform to the frontage requirements of 100 feet. The applicant needs to apply to the Zoning Board of Appeals for an Area Variance. The lot width requirements are met. Off-street parkinq: As per Section 240-97, the off-street parking requirements for the designated use are 1 per employee but not less that 1 per 1,000 square feet of gross fl09r area. According to the records provided by the Assessor's office, the gross floor area of the on-site building is 1,104 square feet. Thus parking is to be provided for at least two (2) vehicles, unless the number of employees is greater than 2. The parking of the construction vehicles does not come under this designation. As per NYZL&P section 38:05, the definition of parkinq states "......this term shall not apply to .....motor vehicles, registered or unregistered, including trailers, which are drawn or towed to a location, detached, and left at that location". Off-street Idadinq: As per Section 240-99, one space of approximately 60 x 14 is required. The Planning Board will, I am certain, take this into account. Conversion of Dwellina to Office: The existing residence, a one-story ranch built in 1940, is situated in that part of the lot which is zoned GB. Its use as a residence is legally non-conforming. By ,-1 ., today's Code a single family residence is not a permitted use in a GB zone. Converting the use to an office in a contractor's storage yard is going from a non- conforming to a conforming use (Section 240-16(C)3. However, the change from a dwelling to an office use will necessitate an upgrade from A 1 (single family) to a C1 (office) as per the New York State Uniform Code (9NYCRR). The building, although non-conforming as to use, is in compliance with the GB setback requirements. In summary, the frontage requirement is the only zoning issue where I find that the applicant is NOT in compliance. I recommend that the Planning Board direct the applicant to the Zoning Board of Appeals for an Area Variance before proceeding further with the site plan approval process. Thank you for your consideration. Very truly yours, ~-. 0 y dttUL~ /) 'z:h ' Tatiana Lukianoff Zoning Administrator cc: Mrs. Connie Smith, Supervisor Town Board Members Planning Board Members Zoning Board of Appeals Members Mr. Albert P. Roberts, Esq. Mr. Richard I. Cantor, Esq. Mr. Peter Elder, applicant Mr. Jay Paggi, Jr., P.E. Mr. Daniel Wery, AICP file