2006-11-14
ZONING BOARD OF APPEALS
November 14, 2006
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Agenda
Town of Wappinger Zoning Board of Appeals
MEETING DATE: November 14, 2006
TIME: 7:30 PM
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Approve site minutes for October 28, 2006.
Public Hearing:
Appeal No. 06-7319
Ed Baislev- Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District.
- Where a rear yard setback of 50 feet is required. the applicant is proposinl!: a rear yard setback of 15 feet. to allow
for a 28' X 40' garage with electric, thus reQuestinl!: a variance of 35 feet.
The property is located at 2 Old State Road and is identified as Tax Grid No. 6057-04-840169 in the Town of
Wappinger.
Appeal No. 06-7328
Lann Rubin 11- Seeking an area variance of Section 240-37 of District Regulations in an R-40 Zoning District.
-Where a side yard setback of25 feet is required, the applicant is proposinl!: a side yard setback of7.7 feet. to allow
for a 20' X 26' two-car garage, thus reQuestinl!: a variance of 17.3 feet.
The property is located at 3 Hi View Road and is identified as Tax Grid No. 6358-01-014569 in the Town of
Wappinger.
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Appeal No. 06-7329
Allen Kinl!:- 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 proposinl!: a rear yard setback of28 feet. to allow
for a 12' X 17' open rear deck, thus reQuestinl!: a variance of 22 feet.
The property is located at 26 Thompson Terrace and is identified as Tax Grid No. 6256-02-619904 in the Town of
Wappinger.
Discussions:
Appeal No. 06-7330
Dominick & Krisana Pisanello- Seeking an area variance of Section 240-37 of District Regulations in an R-20/40
Zoning District.
-Where a front yard setback of75 feet is required, the applicant is proposinl!: a front yard setback of30 feet. to
allow for a 20' X 20' attached two-car garage, thus reQuestinl!: a variance of 45 feet.
The property is located at 2268-2270 Route 9D and is identified as Tax Grid No. 6057-04-978368 in the Town of
Wappinger.
Appeal No. 06-7327
Dutchess Landscapinl!: Supplv- Seeking an area variance of Section 240-37 of District Regulations in an AI Zoning
District.
-Where a rear yard setback of 50 feet is required. the applicant is proposinl!: a rear yard setback of25 feet. to allow
for a in-ground pool for display purposes, thus reQuestinl!: a variance of25 feet.
The property is located at 30 Airport Drive and is identified as Tax Grid No. 6259-04-578332 in the Town of
Wappinger.
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Appeal No. 06-7331
Mr. & Mrs. Eric Lehner - Seeking area variances of Section 240-37 of District Zoning Regulations for R-15 Zoning.
-Where a rear yard setback of 10 feet is required, the applicant is proposing a rear yard setback of 3 feet to allow
for a 10' X 12' prefab shed. thus reQuestinl!: a variance of 3 feet.
-Where a side yard setback of 6 feet is required, the applicant is proposing a side yard setback of 3 feet to allow for
a 10' X 12' prefab shed. thus reQuestinl!: a variance of 3 feet.
- Where a side yard setback of 6 feet is required. the applicant is proposing a side yard setback of 3 feet to allow for
a 10' X 12' prefab shed. thus reQuestinl!: a variance of 3 feet.
The property is located at 96 Ardmore Drive and is identified as Tax Grid No. 6257-03-299431 in the Town of
Wappinger.
ZONING BOARD OF APPEALS
November 14,2006
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Gasland Petroleum Co. - To revisit the application of Real Holding Corp. The property is located on Route 9 & Old
Hopewell Road and is identified as Tax Grid No. 6157-02-610544 in the Town of Wappinger.
Appeal No. 05-7290-7291
228 Mvers 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 reauired, the applicant is proposing a side yard setback of 13.6 feet to allow
for an existine: metal shed. thus reauestine: 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 reauired for motor vehicle sales use in buildine: # 1. the applicant is proposing a total
lot size of 3.6 acres. thus reauestine: a combined variance of 3.4 acres.
The property is located at 228 Mvers Corners Road and is identified as Tax Grid No. 6258-02-702520 in the Town of
Wappinger.
( Public Hearing was opened and closed on August 22, 2006. 62 day clock expires on October 24, 2006. On October
2ih Mr. Don Walsh verbally granted an extension to November 28, 2006 for the closed public hearing.)
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Appeal No. 06-7332
Tech Air Site Plan - Seeking area variances of Section 240-37 for reauests lA throue:h 5E and Section 240-97 for
variance 6F of District Zoning Regulations for HO (Highway Office) Zoning.
lA-Where a lot area of one acre is reauired, the applicant is proposing a lot area of .51 of an acre. thus reauestine: a
variance of .49 acre.
2B- Where a lot width of 150 feet is reauired, the applicant is proposing a lot width of 87 feet for a pre-existine:
condition. thus reauestine: a variance of 63 feet.
3C- Where a front yard setback of 50 feet is reauired alone: Smithtown Road, the applicant is proposing a front yard
setback of 5 feet for the corner of the proposed buildine: from the property line. thus rea uestine: a variance of 45
feet.
4D:Where 50 feet is reauired on a corner lot for a side yard setback eaual in depth ofthe front yard setback. the
applicant is proposing a side yard setback of 15 feet from the Route 9 side of the property. thus reauestine: a
variance of 35 feet. The proposed building is to be located 15 feet from the side property line that runs along Route 9.
5E-Where a side yard setback of 10 feet is reauired, the applicant is proposing a side yard setback of 5 feet for the
proposed buildine: from the property line. thus reauestine: a variance of 5 feet.
6F- Where 21 parkine: spaces are reauired for retail business includine: offices and storae:e. the applicant is
proposing 11 vehicle spaces includine: 1 Handicap Space. thus reauestine: a variance of 10 parkine: spaces.
The property is located at 1123 Route 9 ( Corner of Smithtown Road and Route 9) and is identified as Tax Grid No.
6157-04-671026 in the Town of Wappinger.
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MINUTES
Town of Wappinger
Zoning Board of Appeals
November 14, 2006
Summarized Minutes
Members
Mr. Fanuele,
Ms. McEvoy-Riley
Mr. DellaCorte,
Mr. Warren,
Mr. Prager,
Others Present:
Mrs. Lukianoff,
Mrs. Roberti,
Mr. Caviglia
Town Hall
20 Middlebush Road
Wappinger Falls, NY
Chairman
Member
Member
Member
Vice-Chairman
Zoning Administrator
Secretary
Special Counsel
fD) 1R1 jA~ I~' r
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SUMMARY
Public Hearin!!s:
Ed Baisley
Lann Rubin II
Allen King
Discussion:
Dominick Pisanello
Dutchess Landscaping
Mr. & Mrs. Lehner
Gasland Petroleum Co.
228 Myers Comers Road
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-Variance Granted.
-Variance Granted with a condition.
- Variance Granted.
-Public Hearing on November 28, 2006.
-Applicant didn't show.
-Public Hearing on November 28,2006.
-Variance Granted.
- Two Variances Granted.
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Mr. Prager:
Mr. Warren:
Vote:
Motion to approve the site minutes for October 28, 2006.
Second the motion.
All present voted aye.
Appeal No. 06-7319
Ed Baislev- Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning District.
- Where a rear vard setback of 50 feet is reauired, the applicant is proposinl! a rear vard setback of 15 feet. to allow for a 28'
X 40' garage with electric, thus reauestinl! a variance of 35 feet.
The property is located at 2 Old State Road and is identified as Tax Grid No. 6057-04-840169 in the Town of Wappinger.
Mr. Prager:
Mr. Warren:
Vote:
Mr. Fanuele:
Mr. Baisley:
Mr. Prager:
Mr. Baisley:
Mr. Warren:
Mr. Baisley:
Mr. Fanuele:
........ Mr. Baisley:
Mr. Fanuele:
Mr. Nittens:
Mr. Baisley:
Mr. DellaCorte:
Mrs. Roberti:
Mrs. Smart:
Mr. Baisley:
Mr. Fanuele:
Mr. Prager:
Mr. Warren:
Vote:
Mr. Warren:
Mr. Prager:
Roll Call:
Motion to open the public hearing.
Second the motion.
All present voted aye.
Swore in the applicant.
I would like to put in a 28 X 40 foot garage on my property. I had the corners marked out where it
would go and where it makes the most sense.
Have you supplied drawings?
Yes.
Is this only for storage of personnel belongings?
Yes.
Will there be windows on the second floor?
Yes. It will also give it character.
Is there anyone in the audience with a question?
William Nittens. Is this the old barn location?
That was 4 feet off the property line and this will be 15 feet off the property line.
Are the mailings in order?
Yes.
Wendy Smart, River Road. What will it look like?
Describedfor the audience what it will look like.
Anyone in the audience? Hearing none.
Motion to close the public hearing.
Second the motion.
All present voted aye.
Motion to grant the variance. This will create no undesirable effect although it is substantial
and is self-created. There will be no detriment to any nearby properties and will not cause
any environmental concerns but it is substantial and self-created.
Second the motion.
Ms. McEvoy-Riley:
Mr. Warren:
Mr. Prager:
Aye.
Aye.
Aye.
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Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
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Appeal No. 06-7328
Lann Rubin 11- 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 reauired. the applicant is proposine a side yard setback of 7.7 feet. to allow for a 20'
X 26' two-car garage, thus reauestine a variance of 17.3 feet.
The property is located at 3 Hi View Road and is identified as Tax Grid No. 6358-01-014569 in the Town of Wappinger.
Mr. Prager:
Mr. Warren:
Vote:
Motion to open the public hearing.
Second the motion.
All present voted aye.
Mr. Fanuele:
Swore in the applicant. Explain this for the public and we did do a site visit here.
Ms. Rubin:
It's the only spot where we can put the garage because we have a leech field out in the front yard
We have spoken with the neighbor on that side and they are ok with it.
Mr. Prager:
Are you the owner?
Ms. Rubin:
I am his fiance.
Mr. DellaCorte:
You showed this to both neighbors on each side?
Ms. Rubin:
Yes.
Ms. McEvoy-Riley:
Mr. Prager:
Vote:
Motion to close the public hearing.
Second the motion.
All present voted aye.
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Mr. Prager:
Motion to grant the variance. This will create no undesirable effect although it is substantial
and is self-created. There will be no detriment to any nearby properties and will not cause
any environmental concerns but it is substantial and self-created.
Second the motion.
Ms. McEvoy-Riley:
Mr. Warren:
Mr. Prager:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Aye.
Aye.
Aye.
Mr. DellaCorte:
Roll Call:
Appeal No. 06-7329
Allen Kine- 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 reauired. the applicant is proposine a rear yard setback of28 feet. to allow for a 12'
X 17' open rear deck, thus reauestine a variance of 22 feet.
The property is located at 26 Thompson Terrace and is identified as Tax Grid No. 6256-02-619904 in the Town of
Wappinger.
Mr. Prager:
Mr. Warren:
Vote:
Motion to open the public hearing.
Second the motion.
All present voted aye.
Mr. Fanuele:
Swore in the applicant.
Ms. Brownson:
The deck has been on this house for at least 20 years and the owner is in the process of selling this
house. I am their friend as they are out of town at this time.
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Mr. Fanuele:
There are two sheds in the rear. Are they legal?
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Mrs. Lukianoff:
Yes they both received the shed amnesty.
Mr. Fanuele:
Is there anyone in the audience with a question? Hearing none.
Mr. Prager:
Mr. Warren:
Vote:
Motion to close the public hearing.
Second the motion.
All present voted aye.
Mr. DellaCorte:
Motion to grant the variance. It does not seem undesirable nor will it create no
environmental impact. It is somewhat substantial and it is self-created.
Second the motion.
Ms. McEvoy-Riley:
Mr. Warren:
Mr. Prager:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Aye.
Aye.
Aye.
Mr. Prager:
Roll Call:
Appeal No. 06-7330
Dominick & Krisana Pisanello- Seeking an area variance of Section 240-37 of District Regulations in an R-20/40 Zoning
District.
- Where a front yard setback of 75 feet is reauired. the applicant is proposinl! a front yard setback of 30 feet. to allow for a
20' X 20' attached two-car garage, thus reauestinl! a variance of 45 feet.
The property is located at 2268-2270 Route 9D and is identified as Tax Grid No. 6057-04-978368 in the Town of Wappinger.
Mr. Pisanello:
We would like to put up a 2-car garage to protect our cars from the elements. It will be on the side of the
house although we are very close to the road now.
Mr. Fanuele:
How close from the road is the house?
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Mr. Pisanello:
About 8 feet.
Mr. Prager:
How do you get 46 feet then?
Mr. Pisanello:
Explained to the board where they want to put he garage.
Mr. Prager:
We will need to do a site visit on this one.
Mr. Fanuele:
Put some stakes out there and we will be out on the 18th of November and your public hearing will be
November 28th, 2006.
Appeal No. 06-7327
Dutchess Landscapinl! Supply- Seeking an area variance of Section 240-37 of District Regulations in an AI Zoning District.
- Where a rear yard setback of 50 feet is reauired, the applicant is proposinl! a rear yard setback of 25 feet, to allow for an
in-ground pool for display purposes, thus reauestinl! a variance of 25 feet.
The property is located at 30 Airport Drive and is identified as Tax Grid No. 6259-04-578332 in the Town of Wappinger.
No one showed for this application.
Appeal No. 06-7331
Mr. & Mrs. Eric Lehner - Seeking area variances of Section 240-37 of District Zoning Regulations for R-15 Zoning.
-Where a rear yard setback of 10 feet is reauired, the applicant is proposing a rear yard setback of 3 feet to allow for a 10'
X 12' prefab shed. thus reauestinl! a variance of 3 feet.
- Where a side yard setback of 6 feet is reauired. the applicant is proposing a side yard setback of 3 feet to allow for a 10' X
12' prefab shed. thus reauestinl! a variance of 3 feet.
-Where a side yard setback of6 feet is reauired, the applicant is proposing a side yard setback of3 feet to allow for a 10' X
12' prefab shed. thus reauestinl! a variance of 3 feet.
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Mr. Prager:
The property is located at 96 Ardmore Drive and is identified as Tax Grid No. 6257-03-299431 in the Town of Wappinger.
On your site survey map I see a concrete pad, is that there now?
Mrs. Lehner:
Mr. Prager:
Mrs. Lehner:
Mr. Prager:
Mr. Fanuele:
That is no longer there. The shed will be between the fences where the property comes to a point.
Why can't the shed come closer to the house?
I have a tree and my children's play yard that is fenced in and our property slopes.
I would like to do a site inspection there.
Your site visit will be on Saturday, November 18,2006 and your public hearing will be on November 28,
2006.
Gasland Petroleum Co. - To revisit the application of Real Holding Corp. The property is located on Route 9 & Old Hopewell
Road and is identified as Tax Grid No. 6157-02-610544 in the Town of Wappinger.
Present:
Mr. Siebert:
Mr. Fanuele:
Mr. Caviglia:
Mr. Siebert:
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Mr. Caviglia:
Mr. Siebert:
Mr. Caviglia:
Mr. Siebert:
Mr. Caviglia:
Mr. Fanuele:
Mr. Caviglia:
Mr. Warren:
Roll Call:
,...,.
Judson Siebert - Attorney
Vincent Cappelletti - Owner
We are here on the Judge's decision.
Can we send you to the PB?
Only if this board decides to settle the litigation, then we could enter into a stipulation with the applicant to
essentially grant the variance so that whatever steps the applicant would have to take before another board or
agency could proceed without any further consideration regarding the variance from the ZBA. Do you concur?
Yes. We could prepare a very short stipulation which would indicate that the one variance that had been denied
is now granted and with that we would proceed back to the planning board.
Since this is litigation we may need confirmation from the TB for your vote.
But they are the named party?
I understand that.
I don't concede that there is. I would just like the board to vote.
I am not opposing the vote or recommending the vote.
Can I make a motion and would you help Marco.
You could make a motion that to resolve the pending litigation with all parties in this particular action of
Real Holding Corp and each member of the Zoning Board of Appeals of the Town of Wappinger be
settled and the salient terms would include that the variance would essentially be granted to the
applicant, Real Holding Corp. and that the Town of Wappinger ZBA would have no liability as a result
of the settlement and that the applicants would still have to obtain whatever other applicable
authorizations or approvals from any other boards or agencies for their planned site as may be required
under the law.
Second the motion.
Ms. McEvoy-Riley:
Mr. Warren:
Mr. Prager:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Aye.
Aye.
Aye.
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Mr. Siebert:
Thank you. It has been a long, long process but we appreciate it. One point I want to point out it that you
were named as a board and not individually.
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Ms. McEvoy-Riley: Why did you wait so long to come back to us?
Mr. Siebert:
There was a potential sale pending on the site that didn't work out.
Ms. McEvoy-Riley: Thank you.
Appeal No. 05-7290-7291
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
existinl! metal shed, thus requestinl! 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 buildinl! # L the applicant is proposing a total lot size of
3.6 acres, thus requestinl! a combined variance of 3.4 acres.
The property is located at 228 Mvers Corners Road and is identified as Tax Grid No. 6258-02-702520 in the Town of
Wappinger.
( Public Hearing was opened and closed on August 22, 2006. 62 day clock expires on October 24, 2006. On October 24th Mr.
Don Walsh verbally granted an extension to November 28, 2006 for the closed public hearing. )
Present:
Bill Brickelmeyer
Mr. Brickelmeyer:
Hello I am here for Insight Engineering. As you are aware Peter Karis and Don Walsh are ill and I
will represent them.
Mr. Caviglia:
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RESOLUTION
At a regular meeting of the Zoning Board of Appeals of the Town of Wappinger, Dutchess County, New York, held at
Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 14th day of November 2006 at 7:30 p.m.
WHEREAS, by application dated October 24, 2006 the applicant 228 Myers Corners LLC, had sought 5 variances, and
thereafter modified it to seek 2 variances for an existing metal shed, for an area of 6.4 feet and a variance of 2.52 acres
for wholesale automobile sales in Building I, whereas 3 acres are required, both variances located on Tax Grid # 6258-
02-70520, and
WHEREAS the Zoning Board of Appeals is an involved agency in this application, and has reviewed the expanded full
environmental assessment form,
NOW THEREFORE BE IT RESOLVED as follows:
This is an unlisted action. An expanded full environmental assessment form was filed on May 4, 2006, largely
addressing earlier concerns about noise upon the locality when a motorcycle repair shop was being considered, but
which has since become academic.
In reviewing the submission and lack of evidence concerning noise presented at the public hearing and the change in
proposed use of Building 2 so as to be limited to a retail sales shop, or other permitted use, the proposed action will not
have a significant adverse noise effect upon the environment.
No adverse change in the air, ground or surface water quality or quantity is anticipated. Traffic or noise levels will not
be appreciably more than have existed over the years at this site. There is no data available to indicate that a retail sales
shop in Building 2 will cause any unacceptable levels of noise given the historical use of this property and its proximity
to the roadway abutting the property.
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There does not appear to be any substantial change in the amount of vegetation or fauna, or effect on wildlife or fish in
the area or to their natural habitat, as no large amount of construction is contemplated.
There are no critical environmental areas declared on this property.
No material conflict with the community's current plans or goals exists, and the use of the property is consistent with
the existing planning and zoning for the area, as it is in keeping with the zoning for the area, and its businesses are in
keeping with the zoning.
There are no important historical, archeological, architectural or aesthetic resources affected.
Energy consumption changes in the use of this property are not in evidence.
No hazard to human health is in evidence.
The use and intensity of use of the land is not expected to change from what it has been, by use of the property in
Building I remaining the same and in the other two buildings possibly being used for retail sales instead of automotive
related uses.
There are no other connected or related changes, nor two or more related actions being undertaken which would cause a
concern for substantial impact upon this property or in its area. None of the foregoing is seen to become a factor
because of any long range plan related to this property or action. Few or no likely consequences are found to affect the
setting of this property in the Neighborhood Business District.
In conclusion, the Zoning Board of Appeals finds that there will be no significant adverse impact upon the
environment.
Chairman:
Members:
Victor Fanuele
Howard Prager
Douglas Warren
Thomas DellaCorte
Jennifer McEvoy-Riley
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The following resolution was introduced by
Ms. McEvoy-Rilev and seconded by Mr. Warren.
Roll Call:
Ms. McEvoy-Riley:
Mr. Warren:
Mr. Prager:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Abstain.
Aye.
Aye.
Mr. Caviglia:
The resolution for site is as follows:
RESOLUTION
At a meeting of the Zoning Board of Appeals on October 24, 2006, the applications of the 228 Myers Corners, LLC,
referenced application nos. 05-7290 requesting a 6.4 foot variance for an existing metal shed, and 05-729 I, 05-7292,
05-7293 requesting variances for Buildings 1,2, and 3 located on the subject property located at 228 Myers Corners
Road, and identified as Tax Grid No. 6258-02-702520, were considered and the action indicated below was taken on
the applicant's request, as amended by the applicant, for an area variance to the Town of Wappinger Zoning Ordinance.
WHEREAS, the applicant is 228 Myers Corners, LLC, which had originally sought four area variances and an
interpretation concerning the subject property also identified as Tax Grid number 6258-02-70520, and which is located
on the south side of Myers Corners Road in the Town of Wappinger, such property overlapping two zones, with the
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northern portion in the Neighborhood Business (NB) Zoning District, and the southern portion (which includes no
buildings) in the R-40 Zoning District, and
WHEREAS, four variances sought, respectively, 05-7290, a side yard setback of 13.6 feet to allow for an existing
metal shed, thus requesting an area variance of 6.4 feet from the required 20 feet pursuant to *240-37 of District
Regulations in an NB Zoning District; and 05-7291, 05-7292, 05-7293 requesting variances for Buildings I, housing a
motor vehicle sales use, which requires 3 acres for such use, Building 2, which previously contemplated a motorcycle
sales and repair shop, which requires 2 acres, and Building 3, which contemplated an automobile repair shop, which
requires 2 acres, for a combined area variance of 3.4 acres from the required total of 7 acres pursuant to **240-37 and
240-67 A of the District Regulations in an NB Zoning District, and
WHEREAS, the applicant amended its application concerning Building 2, representing that the use of such building
would be strictly limited to retail sales or other permitted use, and withdrew its request for a variance (05-7293)
concerning that building, and an interpretation having been rendered by this Board concerning that matter on
September 26, 2006, determining, inter alia, that no variance is needed in that instance, and
WHEREAS, the applicant further amended its application on September 26, 2006 withdrawing its request for an area
variance with regard to Building 3, leaving only the request of a variance concerning Building I and for the shed
related variance for a determination, and
WHEREAS, the applicant has submitted a site plan revision dated October 18,2006, and
WHEREAS, the matter has come before the Town of Wappinger Zoning Board of Appeals on November 14, 2006 for
a determination and vote regarding these variances,
NOW, THEREFORE, BE IT RESOLVED as follows:
A) The recitations above set forth are incorporated herein as to findings as if fully set forth in this Resolution.
B) The Zoning Board of Appeals hereby adopts and determines the application for variances as set forth below.
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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 **240-67 G
and 240-70 I, and four variances: 05-7290 requesting a 6.4 foot variance for an existing metal shed, and 05-7291, 05-
7292,05-7293 requesting variances for Buildings 1,2, and 3 located on the subject property. Building I contains an
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existing motor vehicle sales establishment requiring a minimum size lot of 3 acres (~240-67). Buildings 2 and 3 were
proposed to be used as vehicle repair garages each requiring 2 acres. The proposed uses required 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 the variances for Buildings 2 and 3, leaving only the request for a
variance for Building 1 and concerning the shed.
The area of the subject property overlaps two differing zoning districts with approximately 3.6 acres of property located
in the Neighborhood Business District and 2.76 acres in the R-40 district. ~ 240-10 prohibits the combination of
different districts for purposes of meeting area requirements since those districts have different uses which are not
congruent, so that none of the R-40 property may be included for relief.
The existing motor vehicle sales use, appears to be a legal non-conforming use, according to a letter dated February 2,
2006 to the Zoning Administrator by the Town Attorney, Al Roberts, Esq., opining that the uses of Building 1 were
properly legal non-conforming uses. The car dealership in Building 1 occupies approximately .6 acres for that business,
but for which use no special use permit has been obtained, and that said special use requires a minimum lot of 3 acres.
This property may still needs a special use permit but even so, such permit requires 3 available acres, thereby
necessitating an area variance in this instance.
There are no variance requirements needed at this time for Buildings 2 and 3, nor is application being made for them.
These buildings, pursuant to the Town Planner's memorandum dated November 14, 2006, attributes 1.67 acres for
Building 2 and 1.16 acres for Building 3, a total of 2.83 acres required for those buildings. Building I houses both a
professional office area and the special use area for wholesale automobile sales. The area attributed to the professional
office area is .32 acres. The total area being used for these non-special use purposes is 3.15 acres. The area attributed
to the special use area is .48 acres. As the total available acreage in the Neighborhood Business Zone is 3.63 acres, and
as no additional acreage is available for the wholesale automobile sales use beyond the aforestated .48 acres to satisfy
the 3 acre zoning requirement, the variance being sought amounts to 2.52 acres for the special use purpose.
This Board is bound by Town Law ~ 267-b, 3 ( c ), mandating that a board of appeals shall grant the minimum variance
that it shall deem necessary and adequate. A variance in the amount of 2.52 acres is necessary for the applicant to
continue the business in Building 1 which historically has been its use, and adequate under the circumstances to do so.
There will be no undesirable change produced in the character of the neighborhood, nor a detriment to nearby
properties by the variance. Building 1 on the property has been used as a motor sales facility since the 1960's, and the
other two buildings were ancillary uses of such business. As that is no longer the case, the continuation of the business
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in Building 1, assuming no other impediments and that it obtains a special use permit if one is required, and by the
grant of this variance, is of no detriment to it neighbors.
The applicant can not reasonably achieve, by some method feasible for the applicant to pursue, a method other than an
area variance to continue the use of Building I. As the other buildings on the property can no longer be considered
ancillary uses, compliance with the zoning code requires a variance to continue the use of Building 1 to the extent
granted.
The variance granted is substantial. The variance amounts to 84% of the required area.
The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district. While testimony and evidence was produced concerning the potential impact of noise
resulting from the combined effects of a proposed motorcycle repair shop in Building 2 and an automotive repair
garage in Building 3, that concern no longer exists as the applicant has withdrawn its application for variance for
Building 3, and no such use is therefore anticipated, and the use of Building 2 is to be limited to a retail sales shop, or
other permitted use with no repairs, assembly, or fabrication under any form to take place. This eliminates the noise
factor from further serious consideration.
The alleged difficulty was self-created in that the applicant purchased the property apparently without a full exploration
of the zoning code's ramifications. However, such fact is not fatal to its application. We find that the property with
this variance will not adversely affect its future uses and will probably benefit the use to which the property is applied
by the elimination of the prior accessory uses which means a better environment for the area and the neighborhood.
With regard to the variance for 6.4 feet for the metal shed, that shed historically housed equipment and materials and its
continued use for such with the grant of the variance will not have any effect on the surrounding neighborhood nor be
detrimental to the neighbors, and none of the testimony submitted had any objection to the shed or the variance for that
purpose, the variance is not substantial given the role of the shed on this property and its limited size, location, and
history, there are no demonstrable environmental considerations raised, and its long term location of the shed where it
is still located renders any alleged self-made hardship minor and irrelevant.
CONCLUSION
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The applicant is granted a single area variance of 2.52 acres for its wholesale automobile sales use in Building I, and a
single 6.4 foot variance for an existing metal shed on the property. The variance regarding Building I is subject to its
obtaining those approvals as may be necessary from the Planning Board or other agents or agencies ofthe Town, and
no way constrains those other boards or agencies, from requiring adherence to any other applicable statutes, ordinances,
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code provisions, rules or regulations that may otherwise apply. Nor does this variance in any way provide for any
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additional space needs which the ultimate use of Buildings 2 or 3 may require, or the need, if any, for future variances
regarding any proposed uses for those buildings.
Dated: November 14, 2006
Wappingers Falls, New York
The following resolution was introduced by Ms. McEvov-Rilev and seconded by Mr. Warren
Roll Call:
Ms. McEvoy-Riley:
Mr. Warren:
Mr. Prager:
Mr. DellaCorte:
Mr. Fanuele:
Aye.
Aye.
Abstain.
Aye.
Aye.
Appeal No. 06-7332
Tech Air Site Plan - Seeking area variances of Section 240-37 for requests lA throueh 5E and Section 240-97 for variance
6F of District Zoning Regulations for HO (Highway Office) Zoning.
lA-Where a lot area of one acre is required, the applicant is proposing a lot area of .51 of an acre, thus reQuestine a
variance of .49 acre.
2B- Where a lot width of 150 feet is required, the applicant is proposing a lot width of 87 feet for a pre-existine condition,
thus reQuestine a variance of 63 feet.
3C-Where a front yard setback of 50 feet is required alone Smithtown Road, the applicant is proposing a front yard setback
of 5 feet for the corner of the proposed buildine from the property line, thus reQuestine a variance of 45 feet.
4D:Where 50 feet is required on a corner lot for a side yard setback equal in depth ofthe front yard setback. the applicant
is proposing a side yard setback of 15 feet from the Route 9 side of the property. thus reQuestine a variance of 35 feet. The
proposed building is to be located 15 feet from the side property line that runs along Route 9.
5E- Where a side yard setback of 10 feet is required, the applicant is proposing a side yard setback of 5 feet for the proposed
~ buildine from the property line. thus reQuestine a variance of 5 feet.
6F- Where 21 oarkine soaces are required for retail business incIudine offices and storaee, the applicant is proposing 11
vehicle soaces includine 1 Handicao Space. thus reQuestine a variance of 10 parkine soaces.
The property is located at 1123 Route 9 ( Corner of Smithtown Road and Route 9) and is identified as Tax Grid No. 6157-
04-671026 in the Town of Wappinger.
Present:
Larry Paggi
Steve Whalen
Mr. Paggi:
Mr. Paggi made a presentation to the ZBA members. The building will be moved in away from
Smithtown Road and will be no closer to Route 9. The outside storage will now be enclosed and
we will be closing the Route 9 entranceway. The owner has an agreement with the owner of Plant
depot to park employee cars and the first two variances are due to the fact that the lot is just smaller
than what is required. We will also be dedicating a portion to the town for a lot line realignment
with the town for Smithtown Road. Our building will be set back farther in from Route 9 than our
neighbor to the north.
Mr. Warren:
Will tractor trailers be able to get in?
Mr. Paggi:
Yes with this cut out. We realize the variances are substantial but we are making this better and
more attractive than what is there now.
Mr. Whalen:
We did a three-D animation for the board to describe the project and will bring it with us next time.
Mr. Fanuele:
I guess there would be nothing to see on a site visit.
Mr. Paggi:
Not really.
Mr. DellaCorte:
Are you leaving this building up while you build?
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Mr. Paggi:
Mr. DellaCorte:
Mr. Fanuele:
Mr. Paggi:
Ms. McEvoy-Riley:
Mr. DellaCorte:
Vote:
Meeting ended at 9:00 PM
No, this building will come down and the applicant's business will suffer during construction.
I think we should really see the CAD display.
Thank you.
We will set your public hearing for November 28,2006 and bring the CAD display.
Motion to adjourn.
Second the motion.
Al! present voted aye.
ReS~~ly Submitted, /) . ~
~tu/~41'c ~~~ I
Barbara Roberti, Secretary
/ Secretary - Zoning Board of Appeals
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