1984-07-31ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
TOWN HALL
WAPPINGERS FALLS. NEW YORK 12590
TEL. 297-6257
Memo To: Zoning Board Members
From: Linda Berberich
Date: July 16th, 1984
Subject: Special Meeting - July 31st, 1984 at 7:00 P.M.
Please take note that a special meeting of the Board will be
held on Tuesday, July 31st, 1884 at 7:00 P.M., at the Town Hall,
Mill Street, Wappinger Falls, NY.
The purpose of this meeting is to have a public hearing on
the MacGeorge Appeal (MacGeorge Automotive) as per Mr. Kessler's
letter dated June 29th, 1984.
It is important that the members please try to attend this
meeting.
Thank you for your cooperation.
lb
cc: Town Board Members
Elaine Snowden, Town Clerk
Pamela M. Farnsworth, Zoning Administrator
Ronald Evangelista, Engineer to the Town
Bernard Kessler, Attorney to the Town
Edward Hawksley, Conservation Advisory Council
" ZONING BOARD OF APPEALS TOWN HALL
JULY 31ST, 1984 - 7:00 P.M. MILL STREET
AGENDA WAPP. FALLS, NY
UNFINISHED BUSINESS
1. Appeal #717, at the request of MacGeorge Automotive,
seeking a variance of Article IV, Section 422, NB Zone on the
Town of Wappinger Zoning Ordinance, to allow for a building in an
NB Zone (Neighborhood Business), with a fifty foot setback from a
county road (All Angels Hill Road) where seventy-five feet is
required, on property located on All Angels Hill Road, being Parcels
numbered 6357-03-190015 & 185004, in the Town of Wappinger.
IL
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
TOWN HALL
WAPPINGERS FALLS, NEW YORK 12590
TEL. 297-6257
MEMO TO: Zoning Board Members
FROM: Linda Berberich
DATE: July 17th, 1984
SUBJECT: Special Meeting - July 31st, 1984
Mr. Landolfi requests that the Zoning Board members meet
at 6:30 P.M. on July 31st, 1984 for a discussion before the
meeting.
Thank you for your cooperation.
JE L/1'b
PLANNING BOARD
TOWN OF WAPPINGER
TOWN HALL
WAPPINGERS FALLS. NEW YORK 12000
T[L. 207-6207
NOTICE
Please be advised that Appeal #711, at the request of
W.D. McGeorge, is an application for a Special Use Permit and
not for a variance, as per the July 31st, 1984 Zoning Board of
Appeals Agenda.
Thank you.
El
r
Linda Berberich, Secretary
Zoning Board of Appeals
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ZONING BOARD OF APPEALS : TOWN OF WAPPINGER
STATE OF NEW YORK : COUNTY OF DUTCHESS
---------------- I -------------- ------------ ---- - --- x
A HEARING, PURSUJWT TO SECTION 513 OF THE TOWN
OF WAPPINGER ZONING ORDINANCE,
IN RE: APPEAL
NO. 711,
AT
THE REQUEST OF
W.D. MAC
GEORGE (
MAC
GEORGE AUTOMOTIVE ),
Petitioner,
SEEKING A SPECIAL USE PERMIT PURSUANT TO ARTICLE IV,
SECTION 422, PARAGRAPH NB, NO. 6 OF THE TOWN OF
WAPPINGER ZONING ORDINANCE, TO PERMIT HIM TO
OPERATE AN AUTOMOTIVE REPAIR BUSINESS ON PROPERTY
LOCATED ON THE CORNER OF PARK HILL DRIVE AND ALL
ANGELS HILL ROAD, IN THE TOWN OF WAPPINGER, BEING
PARCELS NO. 6357-03-190015 AND 185004.
--------------------------------------------------x
Held: Tuesday, July 31, 1984
7:00 p.m.
At: Town Hall
Mill Street
Wappingers Falls, N.Y.12590
Before: ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
JOSEPH E. LANDOLFI, Chairman
G. GEORGE URCIUOLI
ANGEL CABELLERO
CHARLES A. CORTELLINO
CAROL WADDLE
IRMA(SCHWINGER) DE ANGELE, et al
Court Reporting
R. D� 1, Box 33
Rhinebeck, N.Y. 12572
Tel. No. (914)876-2608
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A p p E.R A IV C MAC
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W. D. MAC GEORGEVAN 7'LTL . 'ESQ. 9
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Petitioner
Of Counsel
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HEARING, RE: W.D. MAC GEORGE 3
(At 7:20 p.m., the following ensued:)
MR. LANDOLFI: We call the meeting of the
Town of Wappinger's Zoning Board of Appeals to
order. Please, may I have a roll call?
MS. BERBERICH: Mr. Landolfi.
MR. LANDOLFI: Here.
MS. BERBERICH: Mr. Urciuoli.
MR. URC IUOLI : Here.
MS. BERBERICH: Mr. Cabellero.
MR. CABELLERO: Here.
MS. BERBERICH: Mr. Cortellino.
MR. CORTELLINO: Here.
MS. BERBERICH: Mrs. Waddle.
MS. WADDLE: Here.
MR. LANDOLFI: For the benefit of everyone
here this evening, we have been directed by the
court, they overturned our decision on the
MacGeorge case.
Now, what I will do is I will entertain a
motion from our Board and then I will let our
Town Attorney discuss with you the legalities
concerning this case.
While we have gone through the public hear-
ing procedure, this is a special meeting. It's
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HEARING, RE: W. D. MAC GEORGE
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kind of a courtesy meeting to you, the residents
of the Town of Wappingers, wlio are located in
that district. It was not a requirement on our
part to have this meeting. I want you to know
that. Again, it is, while we use the public
hearing method to get this message to you, it
is a special meeting that we have conducted
for your benefit so you can hear all facts at the
same time.
Do I hear a motion on that, please?
MR. CORTELLINO: As a result of a Supreme
Court of the State of New York decision, that
the MacGeorge matter is to be returned to the
Zoning Board of Appeals with a direction to issue
the special use permit, subject to any reasonable
conditions the Board of Appeals deems appropriate.
I therefore make a motion that we grant a
special use permit, with the additional restric-
tions that the hours of operation be from 7:30
a.m. to 7:00 p.m., Monday through Friday, and
8:00 a.m. through 1:00 p.m. on Saturdays, no
operations on Sunday, in addition to any other
restrictions that the Planning Board may have.
MR. LANDOLFI: Do I hear a second on that,
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HEARING, RE: W.D. MAC GEORGE 5
please?
MR. URC IUOLI : Second.
MR. LANDOLFI: All in favor?
MR. URC IUOLI : Aye.
MR. LANDOLFI: Aye.
MR. C ORTELLINO: Aye.
MS. WADDLE: Aye.
MR. CABELLERO: Abstain.
MR. LANDOLFI: So moved.
Now, Mr. Kessler, would you explain the
proceedings from the time it came from us to till
the time it came from the Supreme Court? Mr.
Kessler?
MR. KESSLER: Thank you, Mr. Chairman.
Ladies and gentlemen, good evening. I'm sorry,
I was a little late. There was some construction
There was a tie-up along the highway, so I got a
little delayed.
I think the Chairman has succinctly set
forth that which has occurred in the past. There
were voluminous hearings that were held by the
Zoning Board of Appeals and by the Planning Board
concerning the application that had been made by
the MacGeorges. Based upon the evidence that the
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HEARING, RE: W.D. MAC GEORGE
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,honing Board of Appeals had submitted to them,
i:he Zoning Board of Appeals, in its wisdom, saw
fit to deny the application.
The Petitioners, MacGeorge, then engaged
a counsel, one of the counsel, Miss Van Tuyl,
is sitting here in the front row, and they
brought a suit against the Zoning Board of Appeals,
commencing sometime last March of 1984.
The original motion in this court -- the
court, rather, came on the calendar for April
the 19th, 1984, and it was adjourned several
times in order to have sufficient papers submitt
to the Court in order to oppose the petition that
had been made by the Applicants.
I have in my hand here the -- some of the
papers that were submitted to the Court in this
matter. The Zoning Board of Appeals, through
my office, opposed the application of the
Petitioners upon various statements as we sub-
mitted to the Court concerning the matter.
We claimed that Section 436 of the Zoning
Ordinance provides the method by which the
Zoning Board of Appeals can proceed and we
attached to the court papers a copy of the
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HEARING, RE: W. D. MAC GEORGE
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dectiion made by the Zoning Board of Appeals.
We feel that the Zoning Board of Appeals had done
what they had to do.
And the Court took the matter under advise -
meet sometime I believe in May, in May of 1984,
the latter part of May, and the case went to the
Supreme Court, and on June the 22nd, nineteen -
hundred -and -eighty-four, Supreme Court Justice
Stolarik, who was sitting in Dutchess County --
he's a sitting Judge from Rockland County who was
assigned to Dutchess County -- read all the paper
and made a decision that in view of the fact that
this property is zoned in a "N.B.", neighborhood
business zone, where an automobile repair busines
is allowable, with additional special uses, also
allowable, the Court found that there was evidence
to allow the Applicant to proceed with their
plans, based upon the conditions that have been
set forth by the Planning Board and mentioned by
the Zoning Board of Appeals.
The Court found that the application made
by the Applicant met the criteria under the
Zoning Law and stated that therefore the petition
is granted to the extent that the Zoning Board of
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HEARING , RE: W. D. MAC GEORGE
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Appeals decision of February 14th, 1984 was
vacated and set aside, and the matter was returne
to the Zoning Board of Appeals, with a direction
by the Supreme Court Judge directing the Zoning
Board of Appeals to issue the special use permit,
subject to any reasonable conditions that it
wished to impose.
Judgment, the Judge said, was to be entered,
and for this Board to expeditiously handle the
matter, in accordance with the court decision.
After that court decision was entered, I have had
discussions with the Chairman of the Board, with
the Town Board and with the Applicant's attorneys.;
And in discussion with the Applicant's attorneys
we went, very frankly, we went perhaps beyond
what the court order even stated and were able to
obtain additional conditions, and I'd like to read
them to this audience to put into the record.
I think copies of these conditions are set
forth in a letter which the Board has and wherein
the Applicant is stating that the Applicant's
shop will notperform body repair work, but will
only perform mechanical repair of automobiles.
Two: All lifts in the shop will be j
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HEARING, RE: W. D_. MAC GEORGE
electrical.
Three: Only one small compressor will be
used for air tools, only of modern, sound-
minimuzing design and it will be located inside
the building.
Four: Brake cleaning, when performed, will
take place indoors.
Five: An oil -water separator will be used
to assure that oil will be properly placed in
a holding tank and disposed of off site in an
appropriate manner.
Six: A refuse enclosure has been provided
with additional screening.
Seven: The building is residential in
character. It would be constructed of residential
character in cedar siding. The overhead doors
to be used were made similar in size than the
usual in this type of use, to be consistent with
residential scale. Those doors are placed to
face only toward the 7-11 store to the east and
the vacant property across Park Hill Drive. Thos
doors will also be screened by plantings.
The elevation of the building facing north
towards All Angels Hill Road is, of course,
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HEARING, RE: W.D. MAC GEORGE
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of totally residential proportions and appearanc,
The elevation facing the residential lot to the
south would have no overhead doors and no ground
level fenestration, providing a totally resident
appearance, coupled with landscape screenings.
The entire site plan design has been
developed, we're told, to assure good design and
compatibility with surrounding uses. There will
be a minimization of visual views of blacktop
and the paved area will be kept as small a porti
of the site as possible, providing land areas
around the site. Paved areas are also to be
placed close to the building on three sides,
rather than a single, larger configuration. All
blacktopped areas were additionally provided with
heavy landscape screening and the site plan
proposes approximately 75 trees and shrubs on the
site, with a substantial cost to the Applicant
of some over thirty -six -thousand dollars.
Ten: In order to prevent any possible
impact on traffic within the residential sub-
division to the south, no access to Park Hill
Drive is provided in the site plan. The sole
access to the property is within the neighborhood
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1 HEARING, RE: W. D. MAC GEORGE 11
2 business zone onto All Angels Hill Road.
3 Eleven: The location of the building on th
4 site was moved as far as possible away from the
5 residential lot to the south. This building is
6 to be located more than 120 feet away from the
7 lot line abutting that residential lot, even
8 though the applicable zoning, of course, would
9 permit a forty -foot set -back.
10 These are the additional conditions that the
11 Applicant's attorney has advised me that they're
12 willing to submit to this Board, in view of the
13 situation that here exists. And that, in a
14 nutshell is the legal situation.
15 In the event that any aggrieved party who is
16 in the area who wishes to proceed further on this
17 matter, they have the right to aggrieve the
18 decision of this Zoning Board of Appeals under
19 what's called an Article 78 proceeding.
20 The Town has done what it could do under
21 the circumstances and the Zoning Board, as
22 stated, has complied with the provisions of the
23 court order.
24 And that's about it, folks, in a nutshell.
25 If you have any questions, Mr. Landolfi, I'd be
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HEARING, RE: W. D. MAC GEORGE
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happy to answer them.
MS. WADDLE: I make a motion the Zoning
Board be adjourned.
MR. LANDOLFI: The public hearing was really
conducted, Joe; this is primarily an informational
type meeting for the people. Is the question --
MR. INCORATO: Yes. It's relevant to what's
happening here tonight. As we know, the transitio
from an automotive station to a gasoline pumping
station is fairly subtle and somewhere down the
turnpike, five or ten years from now, when all
is forgotten here, somebody may own that shop,
purchase it and decide to install gas tanks,
unbeknownst to the original parties here this
evening.
So I would like to see an additional eonditi
and you're authorized to :Hake reasonable condition
according to the court judgment. I'd like to see
a prohibition of any gasoline tanks,that any
gasoline tanks be prohibited from being installed
on the premises, to prevent such an eventuality,
where someone might, down five or ten years from
now, decide to install gas tanks when this
hearing has all been over and done with, and
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HEARING, RE: W. D. MAC GEORGE 13
memory being short, nobody would ever remember
what was to be the case. So I would like to see
that added as a reasonable condition of
authorization.
MS. WADDLE: I question whether we can do
that at this point, since we've already set
conditions and voted on them. Maybe our attorney
could answer that for us.
MR. KESSLER: Well, I think what would
happen, since you're only granting that which is
shown on the site plan, if there's going to be
any modification of the site plan, they'd have
to come in and file another application for the
site plan.
MS. VAN TUYL: Yes. We could see if there
was any desire to operate a gasoline station,
that is covered by other regulations and there
would have to be another application.
MR. CORTELLINO: That is true, except some
shops have a gas pump not for the public, but
for their own convenience, and I think what
Mr. Incorato is alluding to, but not just the
public, but if there is a private pump for their
use, then it comes within so many feet of another)
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HEARING, RE: W.D. MAC GEORGE 14
gas station, that there are two gas storage spac
So they should have no gas storage at all, whether
public or private.
MS. VAN TUYL: It's not on the site plan.
There's a Mobile station ten feet down the road.
MS. WADDLE: Would they have to come in for
a permit to put in gas tanks?
MS. FARNSWORTH: I believe it would come in
under the amended site plan permit, and they'd
have to come in and make an application.
MR. LANDOLFI: That would be the safeguard,_
on it.
MS. VAN TUYL: May I speak for a moment?
i
As your attorney has read to you, this has been
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fully discussed with my client and our architects,1
and in the spirit of full cooperation with the
Town Planning Board, we have agreed to some
eighteen conditions on the operation. I think
those conditions are more than adequate to assure
maximum residential compatibility with the
surrounding neighborhood.
However, the condition you first imposed o`:
the hours of operation causes an extreme hardshi
to my client. If you'll recall, at the January 10
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HEARING, RE: W. D. MAC GEORGE
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meeting of this Board, the Board made a deter-
mination that it would limit the hours, 7:00 a.m.
to 7:00 p.m., Monday through Saturday.
It is our position legally that once you
start getting into hours of operation, you become
regulating the interior operating of a business,
rather than its effect on zoning. But I would
just emphasize to you that my client has the
right and he would like to have the opportunity
to work in his shop Saturday until 7:00 o'clock,
as well, or at least until 5:00. So that -- he's
a hard-working young man. He works six days a
week.
In the meantime, we have a 7-11 store that's
open 24 hours a day, and I would think that
especially in light of the concessions we have
made about conditions that really do relate to
the legitimate interest of zoning, that that
condition on the hours of operation be changed
from 7:00 to 7:00 -- I'm sorry -- 7:30 a.m. to
7:00 p.m., Monday through Saturday, rather than
cutting it off that way.
(Several members of the audience hereby
said, "No, no, no.")
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HEARING, RE: W. D. MAC GEORGE 16
MR. LANDOLFI: Hold it. This is not a
public hearing.
MS. WADDLE: I make a motion we adjourn.
MR. LANDOLFI: Any further discussion on
that?
(Pause.)
MS. WADDLE: I move to adjourn.
MR. CABELLERO: Second.
MR. LANDOLFI: There's a motion on the
floor to adjourn. May I have a vote on it,
please?
MR. URCIUOLI: Aye.
MR. CABELLERO: Aye.
MR. CORTELLINO: Aye.
MS. WADDLE: Aye.
(Whereupon, at 7:39 p.m., the meeting was
adjourned.)
CERTIFICATE
It is hereby certified that the foregoing is a true
and correct transcript of the minutes as taken by me.
Court Reporter 4 n