10-7430 .. Howard J. Prager, Chairman Thomas DellaCorte AI Casella Michael Kuzmicz Thomas VanTine TOWN SUPERVISOR Christopher J. Colsey SECRETARY TO ZONING BOARD Susan Dao ZONING BOARD OF APPEALS 20 MIDDLEBlJSH ROAD WAPPINGERS FALLS, NY 12590 Phone 845-297-6256 Fax: 845-297-0579 E-Mail: Sdao((~townolWappinger.us TOWN BOARD William H. Beale Vincent Bettina Ismay Czarniecki Joseph P. Paoloni ZONING BOARD OF APPEALS June 15,2011 To: Chris Masterson Town Clerk From: Susan Dao, Secretary Town of Wappinger Zoning Board of Appeals Re: A. W. Scrap Processors, Inc. Appeal No. 10-7430 Attached you will find the original Application/Decision & Order for A. W. Scrap Processors, Inc.1978 Route 9D, Wappingers Falls, NY. I would appreciate it if you would file these documents. cc: A. W. Scrap Processors, Inc. Howard Prager Tom Dellacorte Town File rI?) [-[~ If"". ~ rc.'~ ~ '0,/lI~ fT~J lr u .r:;; \~!.J L~ J 'J b l0 JUN 1 5 2011 TOWN OF \NAPPINGER TOVVN CLERK it ", ~ ,- : TOWN OF WAPPINGER P.O. Box 324 - 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 ACCCIVCD NOli J EJIJ1l.D 92010 -'01., 1lvG D rv'1v Of: 'E;PA,Al; WA,Pp M'E:tvr ~lvG'E:A Zoning Board of Appeals . Office: 845.297.1373 N Fax: 845.297.4 58 Zoning Enforcement Officer Office: 845.297.6257 www.townofwapplnger.us ~ Application for an Interpretation --, Appeal # ---10 . 7 ~?Q Dated: !-l)f€(P!-P/ it 2.! (D .. '} 3;l6. ~D, G)L )4~J5 TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: ~~ IOl/9 ~,A.W. Scratll.Processorsrlnc. . , residing at 1980 Route 9D; Wa,01?inger, NY' ,_-_- (phone), hereby appeal. to the Zoning Board of Appeals from the declslcmlactlon of the Zoning Administrator, dated' lL{iW-' and do hereby apply for an lnterpr.etatlon. Premises located at ~ Route 9D ' Tax Grid # 6056-02-688723 and 6056-02-721673 Zoning District . R-80 -. f ." 1. Record Owner of Property A.W. 'Scrap Processors, Inc. Address ,1980 Route 9D, wafingers Falls, NY 12590 Phone Number i1:S-:i.1:i.- i s fto ~ I ':J~~ Owner Consent: Dated: r -/ -ltJ ~ig;r~~~~~~ -47-p&;1fi.~r-~ 2. Interpretation Request: IeWe) hereby apply to the Zoning Board of Appeals for an interpretation of the following requirements of the Zoning Code. Zoning Code ~ 240-16(B)(1) - Nonconforming Use of Land (Indicate Ar,tlcle, Section, SubsectIon and Paragraph) 3. Reason For Appeal (Please substantIate the request by answering the followIng questions in detail. Use extra sheet, If necessary): SEE ATTACHED TOW026.ZBA.AI (4-0J Rev) I on / / .".. Town of Wappinger Zoning Board of Appeals Interpretation Application Appeal No. Reason for Appeel contInued: ~ ~ ~/ / ;j#;rd~ . ' ' 4. List of attachme~ts (Check applicable informatIon) () Survey Dated Prepared by , Last Revised and '. () Photos . (x) Drawings Dat~d. &-.... 2. t...... {.O (x) Letter of Comm'unlcation which resulted In application to.the ZBA. (e.g., repp;nmendati')p_from the Planning Board/ZonIng penta/) A b.. Letter from -+l4101I\ "<1 CI2 (I.. ~. Oated: (vuV Letter from .. Dated: . 1 "Z.D 1 0 () Other (please list): 5. Signature and Verification Please be advised that no application can be deemed complete ~nress signed below. The applicant hereby states that all Information given is accurate as of the date of application. SIGNATURE rl~~~ (Appellant) DATED: [(-/1- (J SIGNATURE DATED: (If more than one Appellant) TOW026.ZBA-AJ (4-03 Rev) 2 of3 .' , . , . 3. Reason For Appeal A.W. Scrap Processors, Inc. ("AW. Scrap") operates a pre-existing, nonconforming junkyard business located at 1980 Route 9D, Wappingers Falls, New York (the "Subject Property"). AW. Scrap is presently before the Town of Wappinger (the "Town") Planning Board in connection with an Application for Site Plan approval pursuant to Section 240-16(D)(2) of the Town of Wappinger Zoning Code (the "Zoning Code"). A question has arisen with regard to the use of the ::1:4 acre southern portion of the Subject Property, located adjacent to the existing office buildings, and presently utilized for parking of vehicles (the "Parking Area"). (See Site Plan). Although there has always been some level of encroachment into the Parking Area by the use upon the Subject Property, there does not appear to be definitive evidence that the area has always been used as a Parking Area in precisely the manner AW. Scrap has been using it, affording it the protection of Section 240-16(D)(2). The use of the Parking Area is today an integral part of the operation, providing off-street parking for a necessary business that provides a valuable service to the community. This location is the safest location for parking, as any other location would require a driver to enter the area of operations. With regard to off-street parking, Section 240-96(A) of the Zoning Code states, in pertinent part, that "[i]n no event shall such parking and loading spaces for a nonresidential use be located in any residence district." In light of the fact that the Subject Property, inclusive of the Parking Area, is located in an R-80, the Planning Board has referred this matter to your Board for an interpretation that the Parking Area may be continued to be utilized by AW. Scrap in connection with its nonconforming junkyard. Accordingly, AW. Scrap hereby requests: (i) an interpretation that the continued use of the aforementioned portion of the Subject Property for accessory off-street parking would not constitute an impermissible expansion of the pre-existing, nonconforming use as prohibited pursuant to Zoning Code Section 240-16(B)(1), or, in the alternative, (ii) a variance to be permitted the continued use of same. - This request has been referred by means of a unanimous positive recommendation of the Planning Board at its November 1,2010 meeting. Town of Wappi nger Zoning Board of Appeals Interpretation Application Appeal No. 10-7430 FOR OFFICE USE ONLY Conclusion: Therefore, it was determined the Zoning Board of Appeals ( X) UPH ELD () REVERSED Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution of the Board as part of the action stated above: See attached Decision. ex) Findings & Facts Attached. DATED: March 8. 2011 ZONING BOARD OF APPE ::WN JaR' EW (Chairman) PRINT: Howard Prager TOW026ZBA-AI (4-03 Rev) 3 on .. , 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only r17 PART I - PROJECT INFORMATION (To be comDleted bv ADDlicant or Proiect 5Donsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME A.W. Scrap Processors, Inc. A.W. Scrap Processors, Inc. 3. PROJECT LOCATION: Municipality Town of Wappinger County Dutchess 4. PRECISE LOCATION (Street address and road intersections. prominent landmarks, etc., or provide map) ~oute 9D, Wappingers Falls, NY 12590 Tax Grid # 6056-02-688723 & 6056-02-721673 5. PROPOSED ACTION IS: o New o Expansion [(] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant is requesting: (i) an interpretation that the continued use of a +/- 4 acre portion of the Subject Property for accessory off-street parking in connection would not constitute an impermissible expansion ofthe pre-existing, nonconforming junkyard use as prohibited by Zoning Code Section 240-16(B)( 1), or, in the alternative, (ii) a variance to be permitted the continued use of same. 7. AMOUNT OF LAND AFFECTED: Initially +/- 4 acres acres Ultimately +/- 4 acres acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? DYes o No If No, describe briefly Use is a legal, pre-existing nonconforming junkyard 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [Z] Residential D Industrial D Commercial o Agriculture D Park/Forest/Open Space o Other Describe: R-80 Zoning District 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR UL TIMATEL Y FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes 0 No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes [Z]NO If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes [Z]NO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: A.W. Scrap Processors, Inc., By: Date: 11/19/10 Signature: (/~-r.~~ ALh er ~ 4Jel n elZ..r If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with tfiis assessment OVER 1 " . if , PART II - IMPACT ASSESSMENT (To be comoleted by Lead Aaency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. DYes 0 No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes 0 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattem, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopter.!, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? . DYes D No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes 0 No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (Le. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. o Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUll EAF and/or prepare a positive declaration. D Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIll NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination . 11/19110 Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) .. TOWN OF WAPPINGER ZONING BOARD OF APPEALS Appeal No. Application Date: Applicant Premises Located at: Tax Grid No.: Zoning District(s): Record Owner of Property: Interpretation of Code Sections: Description of Premises 10-7430 November 19,2010 A.W. Scrap Processors, Inc. 1978 Route 9D 6056-02-688723/721673/680695 R-80 A.W. Scrap Processors, Inc. ~ 240-16(B)(I)(Non-Conforming Uses) A.W. Scrap Processors, Inc. ("A W") operates a pre-existing, nonconforming junkyard business at 1980 Route 9D in the Town of Wappinger. An application for site plan approval for the site plan entitled "Site Plan for A W Scrap Processors, Inc." dated May 15,2009 last revised June 24, 2010 prepared by Barger & Miller Engineering & Land Surveying (the "Site Plan") is currently pending before the Town of Wappinger Planning Board. The site plan depicts Three tax parcels designated as 135689-6056-02-688723 (0.86 acres), 135689-6056-02-680695, (4.005 acres) and 135689-6056-02-721673 (26.06 acres). The subject of the instant application is the 4.005 acre lot designated as tax parcel 135689-6056-02-680695 ("Lot 68095"). A parking lot is located on the northeast comer of Lot 68095 as shown on the site plan. A W seeks to continue the use of the parking lot for off street parking for customers and employees. Interpretation Requested A W requests an interpretation that the continued use of Lot 68095 for accessory off-street parking for its scrapyard business would not constitute an impermissible expansion of the pre- existing, nonconforming use. The corollary question is whether or not Lot 68095 was legally used for junkyard purposes, including parking, prior to the enactment of the Town of Wappinger Zoning Ordinance in 1963. Public Hearinl! and Evidence Presented A public hearing on the application was held on February 8, 2010. Proof of publication of the notice of public hearing and mailings were presented and it was determined that the meeting was properly noticed. John Zarcone, Esq. represented the applicant and outlined the nature of the application. The following witnesses spoke at the public hearing: John Milano of26 Daisy Lane, Wappingers . , J Falls, NY; Tim Prindle of 32 Sheafe Road, Poughkeepsie, NY; Sal Shapiro of 58 Widmer Road, Wappingers Falls, NY; Todd Paulin, 1981 Route 9D, Wappingers Falls, NY; Greg Blom, 24 Old State Road, Wappingers Falls, NY; William Romer, 1950 Route 9D, Wappingers Falls, NY; Scott Odell, Westboro, New York. Mr. John Milano testified that the earliest he visited the premises was in 1973 with his father. The junkyard was operating as Mid-Hudson Auto Wreckers. He further testified that there were cars located on Lot 68095 from which he removed parts. Mr. Milano testified that he visited A W recently. Mr. Milano testified that he could drive into the yard and park next to cars to take parts off. Mr. Tim Prindle testified that he worked at A W when he was in high school in 1967. He testified that Lot 68095 was packed with cars when he worked there. Mr. Sal Shapiro testified that he worked at Mid-Hudson Auto Wreckers and he was the brother of the owner Sid Shapiro. Mr. Shapiro testified that cars were off loaded onto Lot 68095 and then were later moved to the rear of the premises. Mr. Shapiro testified that he worked at Mid-Hudson Auto Wreckers when he was thirty to thirty-five years old and that he is presently eighty five. Mr. Todd Paulin testified that he began working at Mid-Hudson Auto Wreckers in 1985. Mr. Paulin testified that in 1985 there were approximately 20 customers a day, but as of 2010 there are approximately 200 customers a day. Mr. Paulin testified that in 1985 there was no designated area for parking on the premises, people could park wherever they wanted. Mr. Greg Blom testified that he worked down the road at Jacks Auto Body in 1974-75 and that he frequently visited the premises. He testified that parking was limited and that there was no designated parking, but people typically parked near the house. He further testified that he recalls Lot 68095 was full of cars at the time. Mr. William Romer testified that he lives at 1950 Route 9D which is two lots down from Lot 68095. Mr. Romer bought is home in 1956 and there was no junk yard. Mr. Romer testified that there were cars all over Lot 68095 and that there also cars put on the back of his property without his consent. Mr. Romer testified that A W has cleaned up the property and that it "looks good." He stated that he had no problem with the use of the property as a parking lot where shown provided that the rest of the property remained with the same zoning. Mr. Scott Odell testified that he is an owner of A Wand he also owns the house adjacent to Lot 68095. Mr. Odell testified that he bought the premises from Mid-Hudson Auto Wreckers in 1997. Mr. Odell testified that in 1997, Lot 68095 contained dilapidated cars and buses and debris He further testified that he did not receive title to Lot 68095 until 2004. After the witnesses spoke the Board asked several additional questions of the applicant. It was established that Mid-Hudson Auto Wreckers purchased the property from one Popula. Documentary Evidence Presented 1. Application . . .; 2. The Site Plan 3. Letter from Planning Board Secretary dated December 9, 2010 4. Letter from John Zarcone, Esq. dated March 7, 2011 with exhibits. The applicant has provided a document from the NYS Department of Taxation and Finance which shows that Mid-Hudson Auto Wreckers, Inc. was licensed through December 31,1960. Decision The question presented to the Zoning Board of Appeals on this application for an interpretation is whether or not Lot 68095 was legally used for junkyard purposes, including parking, prior to the enactment of the Town of Wappinger Zoning Ordinance in 1963? The testimony of the various witnesses was credible and in many respects was consistent. No testimony was presented in rebuttal. The most credible witness was Mr. William Rozner, a neighbor who has lived at 1950 Route 9D since 1956. Mr. Rozner testified that the junkyard was not in existence in 1956 when he bought his house. The license provided by the applicant indicated that Mid-Hudson Auto Wreckers, Inc. was licensed through December 31, 1960 at its 9D location. The license is not dated so it can be assumed that the latest date the junkyard opened was December 31, 1960. Based on the testimony of Sal Shapiro, Lot 68095 was used to unload cars from wreckers when he worked there in or around 1960. Mr. Shapiro credibly testified that the cars would remain there and were later moved to the rear of the premises. The testimony of the other witnesses indicates that this practice continued until at least 1997 when A W purchased the property. The testimony of all of the witnesses, including Mr. Rozner, indicated that vehicles were located throughout Lot 68095. The testimony indicated that there was no defined parking area on the premises until recently. The testimony indicates that the area of Lot 68095 adjacent to the 0.86 acre Lot 688723 was used for unloading of vehicles and temporary storage since 1960, which predates zoning. The testimony also indicates that vehicles were also parked in this area from time to time. It is the determination of this Board that the use of the parking area on Lot 68695, as shown on the site plan is a continuation of a legally pre-existing non-conforming use that predates the Town of Wappinger Zoning Ordinance that was adopted in 1963. < ~,,~ The testimony presented focused on the area of Lot .5 that is to be used as a parking lot. There is insufficient testimony to indicate that all of Lot 68d95 was used as a junkyard continuously from 1960 to date. This decision does not extend to the entire area of Lot 68~5, only to the proposed parking lot. In the letter of its counsel dated March 7, 2011, the applicant agreed to limit the use of the Lot 68005 to the parking area and those improvements shown on the Site Plan. As this is a request for an interpretation, the Zoning Board of Appeals is without authority to impose conditions; however, this Board wishes to inform that Planning Board that it " should consider imposing the following condition in its resolution of site plan approval. It is respectfully submitted that a condition should be imposed on the site plan that no use of Lot 68095 should be made other than what is shown on the Site Plan. To support the condition, A W should be required to file a declaration in the Office of the Dutchess County Clerk setting forth at length that condition and provide for penalties for violation of the condition, including payment of the Town's fees to enforce the condition. The foregoing is the determination of the Zoning Board of Appeals. " . . . , Barger & Miller Engineering & Land Surveying 280 New Hackensack Road Wappingers Falls, NY 12590 Tel: (845) 463-6555 (845) 463-6914 Fax: (845) 463-6922 Town Of Wappinger Zoning board of Appeals 20 Middlebush Road Wappingers Falls, NY 12590 Re: A W Scrap Processors, Inc. 1978 Route 9D Town of Wappinger Tax Map No. 135689-6056-02-721673 Dear Chairman, RECEIVED DEe 0] ZOlfJ ZONING ADH \. i-\TOR 'TOWN OF \Vle;- ~I',GER November 22, 2010 Enclosed please find 9 copies of the proposed A W Scrap Processors, Inc. site plan for their application in front of the Zoning Board of Appeals. If you have any other questions or comment please feel free to contact my office at (845) 463-6555.