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2006-09-26 ZONING BOARD OF APPEALS September 26, 2006 Agenda '- Town of Wappinger Zoning Board of Appeals MEETING DATE: September 26, 2006 TIME: 7:30 PM Town Hall 20 Middlebush Road Wappinger Falls, NY Approve minutes for August 22, 2006. Approve site minutes for September 16, 2006. Public Hearing: Appeal No. 06-7323 Ernest & Jennifer Acampora -Seeking an area variance of Section 240-37 of District Regulations in an R-40/80 Zoning District. -Where the code states...in no case shall Accessory Structures be permitted in the front yard the applicant requests a variance for a detached !!ara!!e in the front yard in the size of 40 X 60 feet. The property is located at 46 Smith Crossin!! Road and is identified as Tax Grid No. 6359-03-089462 in the Town of Wappinger. Appeal No. 06-7324 Jean & Judson Glover - Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a side yard setback of 20 feet is required, the applicant is proposin!! a side setback of 16 feet, to allow for a basement egress, thus reQuestin!! a variance of 4 feet. The property is located at 69 Losee Road and is identified as Tax Grid No. 6157-02-806785 in the Town of Wappinger. '- Appeal No. 06-7325 Daniel Wernikoff - DRMJ Assoc.- Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a rear yard setback of 50 feet is required, the applicant is proposin!! a rear side setback of 31.5 feet, to allow for an open wood deck, thus reQuestin!! a variance of 18.5 feet. The property is located at 20 Dose Road and is identified as Tax Grid No. 6258-04-982333 in the Town of Wappinger. Appeal No. 06-7326 Nashir Kaba- Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a side yard setback of 25 feet is required, the applicant is proposin!! a side setback of 7.5 feet, to allow for a 16' X 16' deck, thus reQuestin!! a variance of 17.5 feet. - Where a rear yard setback of 50 feet is required, the applicant is proposin!! a rear side setback of 23 feet, to allow for a 16' X 16' deck, thus reQuestin!! a variance of27 feet. The property is located at 12 Lenny Court and is identified as Tax Grid No. 6257-01-359561 in the Town of Wappinger. Appeal No. 05-7285 O'Connor Subdivision - Seekin!! clarification of decision -Seeking an area variance of Section 217-21 (D) of Subdivision Regulations in an R-40 Zoning District. The applicant is proposing access to an adjacent privately maintained road for a new lot being created. The property is located at 335 Cedar Hill Road & Johnson Place and is identified as Tax Grid No. 6256-01- 457875 in the Town of Wappinger. '- 1 ZONING BOARD OF APPEALS September 26, 2006 Miscellaneous: ~ Appeal No. 05-7290-7291-7292 228 Myers Corners. LLC - Seeking an area variance of Section 240-37 of District Regulations in an NB Zoning District. -Where a side yard setback of20 feet is reauired, the applicant is proposing a side yard setback of 13.6 feet to allow for an existinl! metal shed. thus reauestinl! a variance of 6.4 feet. - Seeking an area variance of Section 240-37 & 240-67 A of District Regulations in an NB Zoning District. -Where a lot size of3 acres is reauired for motor vehicle sales use in buildinl! # 1, the applicant is proposing a total lot size of 3.6 acres. thus reauestinl! a combined variance of 3.4 acres. - Seeking an area variance of Section 240-70. A of District Regulations in an NB Zoning District. - Where a lot size of 2 acres is reauired for a proposed repair l!aral!e use in buildinl! # 3, the applicant is proposing.!! total lot size of 3.6 acres. thus reauestinl! a combined variance of 3.4 acres. The property is located at 228 Myers Corners Road and is identified as Tax Grid No. 6258-02-702520 in the Town of Wappinger. ~ ~ 2 Town of Wappinger Zoning Board of Appeals """ MINUTES Town of Wappinger Zoning Board of Appeals September 26,2006 Summarized Minutes Members Present: Mr. Fanuele, Ms. McEvoy-Riley Mr. DellaCorte, Mr. Warren, Members Absent: Mr. Prager, Others Present: Mrs. Lukianoff, Mrs. Roberti, Mr. Caviglia .,--" Page 1 Minutes of September 26, 2006 tQ)lR1~~\f Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Member Member Member V ice-Chairman Zoning Administrator Secretary Special Counsel SUMMARY Public Hearinf!: Ernest Acampora Jean & Judson Glover Daniel Wernikoff N ashir Kaba O'Connor Subdivision Discussion: 228 Myers Corners Road .'-' - Variance Granted. - Variance Granted. - Variance Granted. - Two Variances Granted. -Granted an amendment to original variance. -Rescinded original vote and re-voted on Interpretation. Town of Wappinger Zoning Board of Appeals ....... Mr. Warren: Ms. McEvoy-Riley: Vote: Mr. Warren: Mr. DellaCorte : Vote: Mr. Warren: Mr. DellaCorte : Vote: Page 2 Minutes of September 26, 2006 Motion to approve amending the meeting dates for 2006. Second the motion. All present voted aye. Motion to approve the minutes for August 22, 2006. Second the motion. All present voted aye. Motion to approve the site minutes for September 16,2006. Second the motion. All present voted aye. Appeal No. 06-7323 Ernest & Jennifer Acampora -Seeking an area variance of Section 240-37 of District Regulations in an R-40/80 Zoning District. -Where the code states...in no case shall Accessorv Structures be permitted in the front yard the applicant requests a variance for a detached !!ara!!e in the front yard in the size of 40 X 60 feet. The property is located at 46 Smith Crossin!! Road and is identified as Tax Grid No. 6359-03-089462 in the Town of Wappinger. Mr. Warren: Ms. McEvoy-Riley: Vote: .'-'" Mr. Acampora: Mr. Fanuele: Ms. McEvoy-Riley: Mr. Fanuele: Mr. Warren: Mr. DellaCorte: Roll Call: Mr. Warren: Ms. McEvoy-Riley: Roll Call: ...... Motion to open the public hearing. Second the motion. All present voted aye. I would like to construct a 40' X 60' garage for my 1940 Fire Truck and my muscle cars. We went our and did a site visit there. Does the board have any questions? Your yard is well wooded. Is there anyone in the audience with a comment? Hearing none. Then I make a motion to close the public hearing. So moved. Second the motion. Ms. McEvoy-Riley: Aye. Mr. Warren: Aye. Mr. Della Corte: Aye. Mr. Fanuele: Aye. I make a motion we grant this variance. The area is very wooded and will not produce an undesirable change in the neighborhood, it will not be a substantial detriment and it is self-created. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Della Corte: Mr. Fanuele: Aye. Aye. Aye. Aye. Town of Wappinger Zoning Board of Appeals Page 3 Minutes of September 26, 2006 ....... Appeal No. 06-7324 Jean & Judson Glover - Seeking an area variance of Section 240-37 of District Regulations in an R-20 Zoning District. - Where a side yard setback of 20 feet is required, the applicant is proposinl!: a side setback of 16 feet, to allow for a basement egress, thus reQuestinl!: a variance of 4 feet. The property is located at 69 Losee Road and is identified as Tax Grid No. 6157-02-806785 in the Town of Wappinger. Mr. Warren: Mr. DellaCorte: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Glover: We are putting in an entrance on the side of the house for access to the basement. Mr. Fanuele: So the variance is just for the entranceway? Mr. Glover: Yes. The house is located in the right spot but the entranceway and bilko doors are 3 feet to close to the side. Mr. Fanuele: Is there anyone in the audience that would like to make any comments? Hearing none. I make a motion to close the public hearing. So moved. Second the motion. All present voted aye. Mr. Warren: Ms. McEvoy-Riley: Vote: Mr. DellaCorte: Barbara did anyone on the side contact you? "- Mrs. Roberti: None of the neighbors called regarding this variance. Mr. DellaCorte: Mr. Glover you said the neighbor came up to talk to you? Mr. Glover: Yes and he's a good friend of ours and he had no problem with this. Mr. DellaCorte: Then I will make a motion to grant this variance. It is self-created, it is not substantial at 4 feet, it will not be undesirable change to the neighborhood and the side is very wooded. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Della Corte: Mr. Fanuele: Aye. Aye. Aye. Aye. Mr. Warren: Roll Call: Appeal No. 06-7325 Daniel Wernikoff - DRMJ Assoc.- Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a rear vard setback of 50 feet is required, the applicant is proposinl!: a rear side setback of 31.5 feet, to allow for an open wood deck, thus reQuestinl!: a variance of 18.5 feet. The property is located at 20 Dose Road and is identified as Tax Grid No. 6258-04-982333 in the Town of Wappinger. Mr. Fanuele: Swore the applicant in. '-' Town of Wappinger Zoning Board of Appeals Page 4 Minutes of September 26, 2006 Mr. Wernikoff: I purchased the house in October of 2005 at which time there was a sunroom which was sitting on top of a wood structure that was very unsafe and without proper footings. For the safety of everyone we removed the sunroom and the structure. What that created was that there was a previously approved in ground pool and the house and that structure was in between them. So my variance is requesting that I be allowed to replace what was the sun room with an open wood deck between the pool and the house. """'" Mr. Fanuele: So nothing will be closer to the property line? Mr. Wernikoff: No nothing at all. The pool defines the property line. Mr. DellaCorte: I went out there but I didn't see the lines so is the porch going to abut the pool or is there a separation? Mr. Wernikoff: The end of the deck will be just where the concrete starts so that will be open. Mr. Fanuele: Is there anyone in the audience that would like to make any comments? Hearing none. I make a motion to close the public hearing. So moved. Second the motion. All present voted aye. Mr. Warren: Mr. DellaCorte: Vote: Ms. McEvoy-Riley: I make a motion to grant the variance. It will not produce an undesirable effect in the neighborhood. There really aren't any other way to do this and this technically is self-created. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Della Corte: Mr. Fanuele: Aye. Aye. Aye. Aye. Mr. DellaCorte: Roll Call: """-'" Appeal No. 06-7326 Nashir Kaba- Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District. - Where a side yard setback of 25 feet is required, the applicant is proposin!! a side setback of 7.5 feet, to allow for a 16' X 16' deck, thus reQuestin!! a variance of 17.5 feet. - Where a rear yard setback of 50 feet is required, the applicant is proposin!! a rear side setback of 23 feet, to allow for a 16' X 16' deck, thus reQuestin!! a variance of 27 feet. The property is located at 12 Lenny Court and is identified as Tax Grid No. 6257-01-359561 in the Town of Wappinger. Mr. DellaCorte: Mr. Warren: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Fanuele: Swore in the applicant. Mr. Kaba: I am looking to put a 16' X 16' deck on the back of my house. Mr. Fanuele: Right now you have a door but no deck there. I noticed some plantings there, are they yours? Mr. Kaba: No they belong to my neighbor. "-" Mr. Fanuele: This subdivision was a conservation subdivision and created very small lots. Town of Wappinger Zoning Board of Appeals Page 5 Minutes of September 26, 2006 Ms. McEvoy-Riley: You have very little space out the back. ........ Mr. Fanuele: Is there anyone in the audience that would like to make any comments? Hearing none. I make a motion to close the public hearing. So moved. Second the motion. All present voted aye. Mr. DellaCorte: Mr. Warren: Vote: Mr. DeIlaCorte: I motion to grant the two variances. They are substantial but this yard is very small and this will be an improvement to the lot. This will not cause any undesirable change to the neighborhood and is self-created. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Della Corte: Mr. Fanuele: Aye. Aye. Aye. Aye. Ms. McEvoy-Riley: Roll Call: Appeal No. 05-7285 O'Connor Subdivision - Seekin2 clarification of decision -Seeking an area variance of Section 217-21 (D) of Subdivision Regulations in an R-40 Zoning District. The applicant is proposing access to an adjacent privately maintained road for a new lot being created. The property is located at 335 Cedar Hill Road & Johnson Place and is identified as Tax Grid No. 6256-01- 457875 in the Town of Wappinger. Present: Thomas O'Connor Joel Hanig ....... Mr. Warren: Mr. DellaCorte: Vote: Motion to open the public hearing. Second the motion. All present voted aye. Mr. Fanuele: Swore in the applicant Mr. Fanuele: We voted on a decision for 100 % participation on the maintenance agreement as a condition of approval. Mr. Hanig: The Wellingtons are adjoining property owners and they contribute to the maintenance of the road but refuse to sign the agreement so it is not possible to get 100 % participation. We are here seeking an amendment for the variance granted on February 28, 2006 to allow the road maintenance agreement to be subject to the review and approval by the Town Attorney's office. Mr. Fanuele: This owner faces Cedar Hill Road and not Johnson Place? Mr. Hanig: Yes. Ms. McEvoy-Riley: How many homeowners including Mr. O'Connor are there? Mr. Hanig: 7 owners plus Mr. O'Connor equals eight. All have signed except for the Wellingtons and Mr. O'Connor. Ms. McEvoy-Riley: And your going to sign as soon as you sell yours, so there will be a total of seven signatures? ..... Town of Wappinger Zoning Board of Appeals Page 6 Minutes of September 26, 2006 Mr. O'Connor: Correct. ......... Mr. Fanuele: Is there any questions in the audience? Hearing none. Make a motion that the public hearing be closed. So moved. Second the motion. All present voted aye. Mr. Warren: Mr. DellaCorte: Vote: Mr. Caviglia: I will read into the record the ZBA's decision: Pursuant to the public hearing and the record in this matter, the Zoning Board of Appeals finds and concludes that the inclusion of the remaining residents on Johnson Place in the maintenance agreement in which the other residents, including the applicant and current owner, are signatories, is not required as a condition of the variance that was previously grant by this board, and in view of seven ofthe eight lots which shall be parties to the existing maintenance agreement. All conditions continue to apply. Mr. FanueIe: Motion to amend the variance for Thomas O'Connor as read into the record by Marco CavigIia. Second the motion. Ms. McEvoy-Riley: Mr. Warren: Mr. Della Corte: Mr. Fanuele: Aye. Aye. Aye. Aye. Mr. Warren: Roll Call: '- Appeal No. 05-7290-7291-7292 228 Myers Corners, LLC - Seeking an area variance of Section 240-37 of District Regulations in an NB Zoning District. - Where a side yard setback of 20 feet is required, the applicant is proposing a side yard setback of 13.6 feet to allow for an existing metal shed, thus requesting a variance of 6.4 feet. - Seeking an area variance of Section 240-37 & 240-67 A of District Regulations in an NB Zoning District. -Where a lot size of 3 acres is required for motor vehicle sales use in building # I, the applicant is proposing a total lot size of 3.6 acres, thus requesting a combined variance of 3.4 acres. - Seeking an area variance of Section 240-70. A of District Regulations in an NB Zoning District. -Where a lot size of2 acres is required for a proposed repair garage use in building # 3, the applicant is proposing a total lot size of 3.6 acres, thus requesting a combined variance of 3.4 acres. The property is located at 228 Myers Corners Road and is identified as Tax Grid No. 6258-02-702520 in the Town of Wappinger. Present: Don Walsh Frank Simeone John Simonnetti 3 4 5 6 7 8 9 10 '-' 11 Mr. Fanuele: We have any comment on it, MR. CAVIGLIA: Yes, Mr. Chairman. I have a proposed resolution, and because there were some last minute changes to the language, with your permission I would read it into the record with the changes, because it's somewhat difficult to read. Town of Wappinger Zoning Board of Appeals Page 7 Minutes of September 26, 2006 ~ 12 13 14 15 16 17 18 19 20 21 2 23 24 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 8 MR. FANUELE: Sure. MR. CAVIGLIA: This will be the Decision on Interpretation For Application Number 05-7289. Referring to the applicant 228 Myers Corners Road, LLC, and the premises being 228 Meyers Corners Road, Tax Grid No. 6258-02-702520. Findings: "A public hearing was held and continued on the following dates: January 10, 2006, February 28, 2006, March 28, 2006, April 25, 2006, June 27, 2006, and August 22, 2006 concerning this application. The applicant had filed applications dated December 8, 2005, for an interpretation: 05-7289 concerning sections 240-67 G and 240-70 I, and four variances: 05-7290 requesting a 6.4 foot variance for an existing metal shed, and 05 - 72 91, 05 - 72 92, 05 - 7 2 93 requesting variances for Buildings 1, 2 and 3 located on the subject property. Building 1 contains an existing motor vehicle sales establishment requiring a minimum size lot of 3 acres (Section 240-67) Buildings 2 and 3 were proposed to be used as vehicle repair garages each requiring 2 acres. The existing and proposed uses require 7 acres, resulting in a combined variance of 3.4 acres, having 3.6 acres of available Neighborhood Business District land compromising part of tax grid no. 6258-02-702520 at 228 Myers Corners Road in the Town of Wappinger. Subsequently, the applicant withdrew so much of its application as concerned a variance with Building 2. This decision does not address nor decide any portion of that application which concerns the ~ '-' Town of Wappinger Zoning Board of Appeals Page 8 Minutes of September 26,2006 ........ 9 10 11 12 13 14 15 16 17 18 remaining variances. We only address, in this interpretation, the limited issue of the use of Building 2 for a motorcycle sales shop. "The request for interpretation was ". .on the applicability of the lot area exception discussed in section 240-67 and 240-70." At the time of application, the applicant proposed to use Building 2 of the ~ 19 20 21 22 23 24 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 4 premises for both the motorcycle fabrication and motorcycle sales. Pursuant to subsequent representations made on the record by both the tenant, Michael Schwartz, seeking to manage the prospective motorcycle shop, PHAT CUSTOM CYCLES, and the applicant's letter dated February 28, 2006, and its representations on the record on that date, the building will be operated solely as a motorcycle retail sales shop. The applicant by even date, withdrew appeal # 05-7293 concerning Building 2 seeking a variance concerning such use. "Consequently, the surviving applicable portion of the request for an interpretation is that which applies to the use of Building 2 on the premises as a motorcycle retail sales shop soley under Section 240-67, paragraph G. "A review of the Local Law #5 for the year 2001 enacting that legislation referenced the relevant legislation as a codification of a ".. .recent interpretation of the code permitting the sale of small motor vehicle (less than 1,500 pounds)... such as.. .motorcycles as a retail use." The factual representations, by the applicant and Mr. Schwartz are credible, namely, that Building 2 ......... Town of Wappinger Zoning Board of Appeals Page 9 Minutes of September 26, 2006 "-'" 5 6 7 8 9 10 11 12 13 14 would be limited to use for retail sales of motorcycles. This will exclude such activities as repairs, assembly, conversion, fabrication or other non-retail uses. Conclusion: Under these circumstances, section 240-67 G applies to this applicant's circumstances, and the motorcycle sales shop, limited to '-'" 15 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 such function, may sell such vehicles not exceeding 1,500 pounds, without need of a special use permit or a 3 acre minimum lot area. "This decision in no way constrains or limits the Planning Board or other agents or agencies of the Town, from requiring adherence to other applicable statutes, ordinances, code provisions, rules or regulations that may otherwise apply. NYCRR Section 617.5 (c) (31) [SEQRA], defining Type II actions, specifically excludes "interpreting an existing code, rule or regulation" from environmental review. The Zoning Board of Appeals is not addressing the remaining variance requests at this time, and a separate decision will be rendered concerning those." ......... MS. RILEY: Can I see that? I'll go along with a draft without this. MR. FANUELE: It's clarified a bit so I want to include it. MS. RILEY: I don't think it I think it makes judgments that we haven't made yet, this part here. MR. CAVIGLIA: We should have an executive session on advise of Counsel. MS. ROBERTI: Motion approved Town of Wappinger Zoning Board of Appeals Page 10 Minutes of September 26, 2006 ........ 25 2 3 4 5 6 7 8 9 10 for executive session. (There was an executive session.) MR. FANUELE: Motion to come out of executive session. (All aye) MS. RILEY: I'd like to make a motion that we rescind our previous interpretation 228 Myers that we made on August 22nd, 2006 so we can amend the wording. That's my motion. ........ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MR. DELLACORTE: Second. (All aye) MR. WARREN: I'd like to make a motion to amend the proposed language previously read in interpretation and what was exactly the change. MR. CAVIGLIA: My understanding, you would be moving to amend the proposed resolution that was read into the record by me earlier. In the second paragraph line five in the sentence, "The existing and proposed uses require 7 acres," the word "should" would be inserted before the word require. That would be the sole change. MR. WARREN: I agree to that. MR. DELLACORTE: I'll second that motion. MS. RILEY: Yes. MR. WARREN: Yes. MR. DELLACORTE: Yes. MR. FANUELE: Yes. With that, I believe that concludes our meeting. MR. CAVIGLIA: Now you have to vote on the resolution itself as amended. MR. FANUELE: I thought we did that. "'-" MR. CAVIGLIA: No, you voted on the amendment. You would vote on the resolution itself at this time. MR. FANUELE: We voted on the Town of Wappinger Zoning Board of Appeals Page 11 Minutes of September 26, 2006 "-'" 21 22 23 24 25 2 3 4 5 6 changes to the amendment. MR. CAVIGLIA: You voted on the amendment to the proposed language. Now you're going to vote on the overall thing itself, this interpretation. MR. FANUELE: Make a motion we vote on it. MS. RILEY: Yes. MR. WARREN: Yes. ....... 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 MR. DELLACORTE: Yes. MR. FANUELE: Yes. MR. CAVIGLIA: One moment. Mr. Warren has handed me, and I presume he wants this made as an application and part of the record to the Zoning Board, if I can read it although, it's addressed to Barbara. As you may recall, I have asked on earlier occasions whether or not the requested variance for building three on the above property should be pursued or not in light of Mr. Libro the actual tenant having withdrawn from the site. Based on input from all perspectives, the applicant withdraws without prejudice the following variance request, where lot size of two acres is required for a proposed use in building three, the applicant is proposing a total lot size of 3.6 acres, thus required a combination combined variance of 3.4 acres. This is made so the board wouldn't have to consider same in its deliberations scheduled for September 26, 2006, or at some future time as he's amending the letter. MR. WALSH: I had asked this question a few meetings ago, if I had to still go through with it. Mr. Libro pulled out of it. I don't want to cloud the issue to deal with something that he's not there now. ~ Town of Wappinger Zoning Board of Appeals Page 12 Minutes of September 26, 2006 ~ 17 18 19 20 21 22 23 24 25 We have to find a compliant tenant so we don't have to bother you people with anything on the site. MR. CAVIGLIA: Just so I and the board is clear, you're withdrawing the variance request for building three? MR. WALSH: That's correct. MR. CAVIGLIA: We don't have ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 8 9 the specified use for it? MR. WALSH: I do not. The only use we would put forth is a code permitted compliant use, otherwise I will come back to the Planning Board or you or whatever if there was an issue. '-" MR. CAVIGLIA: If I understand the letter correctly, this would leave the board to decide an area variance, if one is required for Building 1 and the shed. MR. WALSH: That's correct. That's what I concluded the end of the last meeting. That was when I started to ask what I should do with Building 1. My concern was Building 1 has point six acres of sales area. I will put on the record, if Counsel will permit me, and Frank will permit me, I did have conversations with Mr. Stolman at the last meeting, he said we have to look at this carefully, he had some other opinions required for the parking on the motorcycle shop and what not. There are more spaces I have to designate them. He's asked me to prepare and have for the next meeting a revised map to show the exact amount of parking spaces for Building 2 and one as it is and measure the used car area. So, I'm Town of Wappinger Zoning Board of Appeals Page 13 Minutes of September 26, 2006 ....... 10 11 12 13 14 15 16 17 18 19 not saying point six acres plus or minus. I have an actual number with an engineer certifying it. MR. CAVIGLIA: I didn't have that conversation with Mr. Stolman. Are you saying at the next meeting, which next meeting, at the ZBA? MR. WALSH: At the ZBA. MR. CAVIGLIA: I lost track what the sixty-two day time limit is ........ 20 21 22 23 24 25 2 3 4 5 6 7 8 9 10 11 12 13 14 1 16 17 18 19 20 21 22 23 24 25 2 3 4 5 from the time we closed. We closed August 22nd. MR. WALSH: If we have to, we would extend it through that meeting to follow Mr. Stolman's suggestion. We're working on a project in Tarrytown that finished at midnight last night. It's the same team as down there working on the new firehouse complex. MR. CAVIGLIA: I'm not anticipating a requirement. If you're required, because you're submitting new factual information to the board, if we're required to reopen the hearing for that, I want to make sure that would be all right. We don't want to extend this any longer. MR. WALSH: I don't want to either. I understand what Mr. Stolman is saying. He picked up the point where I said if we use -- have any legitimate use in the back, he said it's thirty spaces per building in the rear. I have the spaces. If I do that, I have to make sure I have a certain amount in the front. MR. CAVIGLIA: You say without prejudice, what do you mean by that? MR. WALSH: Mr. Shumeda helped me write that. We don't know if we'll have a tenant we have to request this again. If there's ever ........ T own of Wappinger Zoning Board of Appeals Page 14 Minutes of September 26, 2006 ....... 6 7 8 9 10 11 12 13 14 15 an auto tenant, I may have to come back. I hope I never have to. MR. CAVIGLIA: I want to make it clear to everyone, especially the applicant, obviously when they rule on the variance, that will be what runs with the land. They may deny or grant it, they may vary the condition. That runs with the land without prejudice. You're ...... 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 specifically referring without prejudice to future applications. There is no guarantee it would change. MR. WALSH: Absolutely. MR. CAVIGLIA: I would invite the board to ask any questions regarding anything we just discussed. MR. FANUELE: No questions. MR. DELLACORTE: No questions. MS. ROBERTI: August 20 the sixty days expires. MR. WALSH: I'd like to be here. I asked Peter, lives in Pleasant Valley, he had to drive from Tarrytown, he said he'd be finished by the 2nd or 3rd. I know the calculation. David wanted to be certain I said so many times plus or minus, that was the acreage under the grandfathering Building 1. We did provide that on the map to you. He wanted it to be clear, marked and measured exactly and all that. That's one of the exhibits already in front of this board. He's been told to go out and do the work and give it to me. We'll redo the parking so we know exactly what has to be done, which is more the Planning Board. I should show this board anyway, it takes up almost the entire back, the parking, the two buildings in the back. Thank you. ~ Town of Wappinger Zoning Board of Appeals Page 15 Minutes of September 26, 2006 .......... 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MR. CAVIGLIA: Does the board want to invite any questions or comments? ~ MR. FANUELE: If he lays out something in Building 2 or three, or you don't know what it is, he can tell us how many spaces you can put in there. MR. WALSH: Under retail maximum count, because there's a lot lesser count, I'd love to have a lesser count, we assume it will be a normal retail business of a standard, whatever the building size is, one hundred fifty square feet equals one parking space, doesn't say retail use in the building, says the area that's represented. It's a big calculation. It's about thirty for the motorcycle shop building. I have it, but I have to make sure that I meat his qualifications so he can correctly advise you. MR. CAVIGLIA: If I understand you correctly, by this application you'd be withdrawing not only building three, you're looking for a variance which effectively grants permission or a variance to allow Building 1 to operate essentially on just the point six acres or so it's on now. MR. WALSH: More or less. It's an interpretation it's making clear. You already have a letter in the file provided by Mr. Adams and myself as exhibits which is from the town file. Mr. Roberts said the front building has a grandfathered automobile use. MR. CAVIGLIA: I'm not arguing, whether we agree or disagree. I want to make sure we're clear, the board is clear, you're withdrawing the variance for building three. The shed remains. That decision be made ~ Town of Wappinger Zoning Board of Appeals Page 16 Minutes of September 26, 2006 '-"" 23 24 25 2 3 4 5 6 7 8 and your variance request for Building 1 you're requesting combined variance of, I don't know if the math adds up, a total of three point acres, instead of the front lot requiring three acres, that it only require point six acres. So, the variance there, unless I'm misadding this, should be two point four acres. MR. WALSH: I believe so. I '-' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 want to keep the front building as it is so I have room in the back to do something some day. I need to provide you with an exact calculation as per Mr. Stolman. MR. FANUELE: Do we have to give a variance on the front building? MR. CAVIGLIA: That's one of the issues that would have to be determined by the ZBA, by you as a board. One of the questions I see you have to determine whether a variance now on Building 1 is required, and if so, how much of a variance you would give them. And the reason I talked about if you have to have additional facts, which I don't necessarily think you would, Mr. Warren said for that sole purpose regarding any factual input that the board may need he would consent to providing, and being at the hearing for that purpose, part of that might be these calculations. MR. WALSH: Mr. Stolman asked me to have an engineer do that. If he chooses to give them to you, you'll have them. I will give them to him and he can do as he will. MR. DELLACORTE: I'll make a motion, I'd like to make a motion we adjourn the meeting for tonight. MS. RILEY: Second. '-' Town of Wappinger Zoning Board of Appeals Page 17 Minutes of September 26, 2006 ......... 19 20 All aye. (Time noted: 8:41 p.m.) TOWN OF WAPPINGER ZONING BOARD OF APPEALS DECISION ON INTERPRETATION, APPLICATION NO. 05-7289 Applicants: 228 Myers Corners, LLC 245 Main Street, Suite 330 White Plains, New York Premises: 228 Myers Corners Road Tax Grid No. 6258-02-702520 FINDINGS A public hearing was held and continued on the following dates: January 10, 2006, February 28, 2006, March 28, 2006, April 25, 2006, June 27, 2006, and August 22, 2006 concerning this application. ....... The applicant had filed applications, dated December 8, 2005, for an interpretation: 05-7289 concerning 99240-67 G and 240-70 I, and four variances: 05-7290 requesting a 6.4 foot variance for an existing metal shed, and 05-7291, 05-7292, 05-7293 requesting variances for Buildings 1, 2, and 3 located on the subject property. Building 1 contains an existing motor vehicle sales establishment requiring a minimum size lot of 3 acres (9240-67). Buildings 2 and 3 were proposed to be used as vehicle repair garages each requiring 2 acres. The existing and proposed uses should require 7 acres, resulting in a combined variance of 3.4 acres, having 3.6 acres of available Neighborhood Business District land comprising part of tax grid no. 6258-02-702520 at 228 Myers Corners Road in the Town of Wappinger. Subsequently, the applicant withdrew so much of its application as concerned a variance for Building 2. This decision does not address nor decide any of that portion of the application which concerns the remaining variances. We only address, in this interpretation, the limited issue of the use of Building 2 for a motorcycle sales shop. '-'" The request for interpretation was "..on the applicability of the lot area exception discussed in 9240-67 and 240-70." At the time of application, the applicant proposed to use Building 2 of the premises for both motorcycle fabrication and motorcycle sales. Pursuant to subsequent representations made on the record by both the tenant, Michael Schwartz, seeking to manage the prospective motorcycle shop, PHA T CUSTOM CYCLES, and the applicant's letter dated February 28, 2006, and its representations on the record on that date, the Town of Wappinger Zoning Board of Appeals Page 18 Minutes of September 26, 2006 ....... building will be operated solely as a motorcycle retail sales shop. The applicant by even date, withdrew appeal #05-7293 concerning Building 2 seeking a variance concerning such use. Consequently, the surviving applicable portion of the request for an interpretation is that which applies to the use of Building 2 on the premises as a motorcycle retail sales shop solely under S240-67, paragraph G. A review of the Local Law #5 for year 2001 enacting that legislation referenced the relevant legislation as a codification of a "...recent interpretation of the code permitting the sale of small motor vehicles (less than 1,500 pounds) ... such as ... motorcycles as a retail use." The factual representations, by the applicant and Mr. Schwartz are credible, namely, that Building 2 would be limited to use for the retail sales of motorcycles. This will exclude such activities as repairs, assembly, conversion, fabrication or other non-retail uses. CONCLUSION Under these circumstances,s240-67 G applies to this applicant's circumstances, and the motorcycle sales shop, limited to such function, may sell such vehicles not exceeding 1,500 pounds, without need of a special use permit or a 3 acre minimum lot area. '-" This decision in no way constrains or limits the Planning Board or other agents or agencies of the Town, from requiring adherence to any other applicable statutes, ordinances, code provisions, rules or regulations that may otherwise apply. NYCRR Section 617.5 ( c ) ( 31) [SEQRA], defining Type II actions, specifically excludes "interpreting an existing code, rule or regulation" from environmental review. The Zoning Board of Appeals is not addressing the remaining variance requests at this time, and a separate decision will be rendered concerning those. Mr. DeIlaCorte: Ms. McEvoy-Riley: Vote: Motion to adjourn. Second the motion. All present voted aye. Meeting ended at 9:00 PM AllY SUb.(:'d' /,' ,//~~ /B~roa;aRoberti, Secretary f / " ;necretary - Zoning Board of Appeals L .......