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Piqwon- Special Use Permit- Site Plan5N-18-2001 KION 04:46 PH VERGfLIS STENGER ET AL FAX N0, B452982842 P. 03 DRAFT June 18, 2001 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: lion. Constance O. Smith, Supervisor Re: Piqwon, Inc. v. Town of Wappinger Myers Corners Site File No, 12951.0209 Dear Connie and Board Members: Connie and I met with Peter Elder and Richard Capolino of Piqwon, Inc. on June 14, 2001. Mr. Elder and Mr. Capolino reviewed the proposed uses for the Piqwon Site at 228 Myers Corners Road, Wappingers Falls, New York 12590. Mr. Elder and Mr. Capolino both confirmed that the term "warehousing" was somewhat inappropriate for the intended use of the property. They stated that Piqwon only intends to store various tools, machinery, small equipment and building materials (sheathing, ceiling tiles, clean room materials, etc.) inside several existing buildings that were previously used for storage. They emphasized that there will be no storage of asbestos or any other, haz rdoas materials. They also indicated that the vehicles used to pick up these tools, materials and machinery would either be pick-up trucks or small rack trucks. The vehicle frequency for the pick up of the stored materials would vary from 1 to 4 times a day.. I enclose a marked up copy of the map previously submitted with the application for the Special Use Permit. The buildings to be used for storage are: • Building #3, which also contains the mechanic's bay • Building #2, wood and metal sheds #1 and #2 JUN -18-2001 KION 04:46 PH VERG I L IS STENGER ET AL FAX NO. 8452982842 P. 04 Page 2 • Wood Frame Shed #2 Note: Wood Frame Shed #1 has been removed Wood frame shed #2 is presently contained in a chain-link fence enclosed area, identified on the attached map as "Material Storage Area." Mr. Elder agrees to install a burm on the easterly property line as well as plant some landscape shrubs. Mr. Elder further indicated that the trailers contained on the R40 zone portion of this parcel would be located to an area immediately south of the material storage area. In effect, all commercial activity would cease in the R-40 zone portion of the parcel, except for employee parking of approximately 16-18 vehicles. This is a substantial departure from the proposal previously submitted. Please advise comments. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERT P. ROBERTS APR/bg Cc: Hon. Robert L. Valdati, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph P. Paoloni, Councilman (sent to home address) Tatiana Lukianoff, Zoning Administrator Daniel Wery, AICP Joseph E. Paggi, Jr., P.E. Richard O'Rourke, Esq. o:\ItOBERTSNCORRF,SPI unela-bg,doc FREDERICK P. CLARK ASSOCIATES, INC. P I an n lng/Deve b prent/Environment/Transportation Rye, New York and Fairfield, Connecticut 350 Theodore Fremd Avenue Rye, New York 1 O�580 (9-14) 967-6540 - FAX (914) 967-6615 MEMORANDUM To: Supervisor Constance 0. Smith and the Town of Wappinger Town Board Date: July 26, 2000 David J. Portman, Fmcp Howard 1. Reynolds, PE David H. Stolman, AICP, PP Michael A. Galante Joanne R Meder, kCP Daniel K. Wery, MCP Subject: Pi won - Drqft SE RA. Notice of Intent to be Lead Agenc As requested, attached for your consideration is the draft Lead Agency Notice for the above captioned matter. In order for the Town to process the application it must conduct and conclude the SEQRA process. Pursuant to the Town of Wappinger Environmental Quality Review Law (WEAR), the proposed action is a Type I Action which requires the submittal of a Full Environmental Assessment Form and a coordinated review. A review of the application materials indicates that a short Environmental Assessment Form dated March 26, 1999 was prepared. The Applicant has been directed to prepare and submit a Full Environmental Assessment Form for this project. Upon receipt, the Town Board will then be able to circulate the Full EAF to all other involved agencies with the attached notice of its intent to be the Lead Agency, along with a copy of the Applicant's latest plans. Once the Lead Agency has been established, it will then be able to schedule a public hearing and make a determination of significance before it takes action on the application. However, the legal status of the application with respect to Zoning appears to be in question. As noted in the draft Lead Agency Notice and in the September 1999 resolution of denial (since vacated by the Supreme Court on procedural grounds), it does not appear that the Town can approve the application. The Zoning Law, namely Section 240-161, Improvement of Non -Conforming Uses, does not appear to permit the proposed use because it is not a modification to an existing non- conforming use. Therefore, despite the application for special permit and site plan Connecticut a (2 33) 255-3100 email@fpciark.com Long Island - (516) 364-4544 www,fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation approval, it appears that the proposed use can only be permitted by obtaining a use variance or an amendment to the Zoning Law. This issue should be discussed with counsel and the Zoning Administrator and the Lead Agency Notice revised as may be appropriate. Daniel K. Wery, AICP Vice President/Planning Attachment cc: Albert P. Roberts, Esq. Joseph E. Paggi, Jr., PE Tatiana Lukianoff, Zoning Administrator v:ldocs215001wappingerlpigwon.pme.dkw.doc (DRAFT) NOTICE SEQR DESIGNATION OF LEAD AGENCY, CLASSIFICATION OF ACTION PIQWON SPECIAL USE PERMIT AND SITE DEVELOPMENT APPLICATION Proposed Replacement of Discontinued Non -Conforming Use with other Non - Conforming Use Town of Wappinger, Dutchess County, New York GENERAL INFORMATION The Town Board of Wappinger, Dutchess County, New York has received the application of Piqwon, Inc. for Special Use Permit approval and Site Development Plan approval from the Planning Board to allow the improvement/replacement of a nonconforming and discontinued salvage yard use with a contractors storage use, in addition to continuation of the mix of office, retail and service, automotive sales and repair uses currently on the property, including the construction of a 13,000+ square foot pole barn on the 6.27 -acre property. The property is split zoned with 3.5 acres located in the NB, Neighborhood Business and 2.76 acres located in the R-40 Residential Districts. The pole barn would be located primarily within the R-40 District portion of the property. The proposed contractor's storage use is not a permitted use in either portion of the property. The Zoning Law, namely Section 240-16.17, Improvement of Non -Conforming Uses, does not permit the proposed use because the proposed use is not a permitted use and because the proposed use in not a modification to an existing non -conforming use since the former non -conforming use of the property has expired and is no longer entitled to continuation as a grand -fathered use. Therefore, despite the application for special permit and site plan approval, the proposed use can only be permitted by obtaining a use variance or an amendment to the Zoning Law. PROPOSED LEAD AGENCY The Town Board proposes to be the Lead Agency with regard to this proposed action under the procedures and requirements of the New York State Environmental Quality Review Act ( SEQRA). Unless an objection is expressed and received in writing from an involved agency by , 2000 (30 days LEAD AGENCY NOTICE Pi won Special Use Permit and Site Development Plan from the date of this notice), the Town Board will assume the role of the Lead Agency. CLASSIFICATION OF ACTION The Town Board has determined that the proposed action is an Unlisted Action in accordance with New York State Environmental Quality Review Law, however the proposed action is considered a Type I action in accordance with Section 117- 4K of the Town of Wappinger Environmental Quality Review because the action will involve the construction of a new nonresidential facility, and expansion of an existing nonresidential facility, which will 10,000 square feet. PROPOSED LEAD AGENCY: Town of Wappinger, Town Board TITLE OF ACTION: Pigwon Special Use Permit and Site Development Plan DESCRIPTION OF ACTION: Approval of the improvement/replacement of a nonconforming and discontinued salvage yard use with a contractors storage use, in addition to continuation of the mix of office, retail and service, automotive sales and repair uses currently on the property, including the construction of a 13,000+ square foot pole barn on the 6.27 -acre property. LOCATION: The 6.27 -property is split zoned with 3.5 acres located in the NB, Neighborhood Business and 2.76 acres located in the R-40, Residential Districts. The property is situated on the south side of Myers Corners Road across from the intersection of Myers Corners Road and Degarmo Hills Road. DATED: 2000 A copy of this Notice, Part 1 of the Full Environmental Assessment Form and a copy of the latest plans prepared by the Applicant have been sent to the following involved agencies: 1. The Town of Wappinger Town Board 2. The Town of Wappinger Planning Board 2 LEAD AGENCY NOTICE Pi won Special Use Permit and Site Development Plan 3. The Town of Wappinger Zoning Board of Appeals 4. The Dutchess County Department of Planning and Development 5. The Dutchess County Department of Health Attachments: Full Environmental Assessment Form (Part 1) Site Plan Drawing v:ldocs215001wappingerlpigwon.lead.tmr.doc P? VERGILIS, STENGER, RQBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS IRA A. PERGAMENT A.NTONIA T. LUCIA JOAN F. GARRETT** THOMAS R. DAVIS MARIA J. GRECO •ADMITTED TO PRACTICE IN NY &PLA. **ADMITTED TO PRACTICE IN NY & CONN. January 20, 2000 VIA FACSIMILE: 297-4558 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 FAX (914) 29&2642 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY '12590 Attention: Hon. Constance O. Smith Re: Piqwon, Inc. v. Town of Wappinger, et al Index No. 9914782 Dear Connie and Board Members: LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD POUGDKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO; ( } POUGHICEEPSIE ( ) WAPPINGERS Last Monday, our office was served with an Order to Show Cause, returnable on Wednesday, January 12, 2000. The Order to Show Cause was made by Piqwon in an effort to gain additional time to remove the trucks and heavy equipment from the site. As you know, the [natter has now been assigned to Judge Marlow, who entertained arguments both in Chambers and in the open courtroom. At the end of the morning, he denied Pigwon's request for an extension. Mark Lieberman should determine if the trucks and heavy equipment have been removed. If not, our office will now have to make an application to hold Piqwon in contempt of court. I request that the Town Board specifically authorize my firm to make an application for contempt of court in this matter. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT "A ALERT P. ROBERTS APR:mb cc: Hon. Constance 0. Smith Hon. Elaine H. Snowden Hon. Robert L. Valdati Hon. Vincent Bettina Han. Joseph Ruggiero Hon. Joseph P. Paoloni Mark Lieberman, Esq. JUN -1-8-2001 KION 04:46 PM VERGILIS STENGER ET AL FAX NO. 8452982842 VERGILIS, STENGER, RonERTS & PERGAMENT ATTORNEYS AND COUNSFI.QRS AT LAW VIA FACSIMILE (2974558) AND REGULAR MAI. June 18, 2001 'own of Wappinger 20 Middlebush Road Wappingers Fails, New York 12590 Attention: Hon, Constance 0. Smith, Supervisor Re: Piqwon, Inc. v. Town of Wappinger Myers Comers Site File No. 12951.0209 Dear Connie: P. 01 IX-G.kL AS5(STANTS: AMY E. WOODARD KRISTEN S. GUTHRIE POUGHKFePSIE 0FrK P- 276 MAIN lIkL.L POU(',H(CEEPSIIi, NY tW1 (W) 453-1046 AV1)KVSS SLEpLY '1'tY l I POVQK'CF_EPS(E t I WArjnNOEPS I enclose herewith letter to Mr. Elder and Mr. Capolino together with a draft of my report. It is my understanding you were going to review same and forward to Mr. Elder and Mr. Capolino. Please forward any comments you may have before distribution to them. Very truly yours, VERG LIS, TENGER, ROBEP-TS & PERGAN4F-NT s AL . RT P. ROBERTS APR/bg 0:1RO13ERTS\rOR ESPyunct4-bb,doc 1136 ROUTE 9 WAPPINGERS FALLS. NEW YOPX 12590 (845) 298-2000 GERALD A. vfRGILIS* FAX (945) 298.242 "t4N13rFi M. STENGER a -mail: VSRProBeuWeb.Net ALBERT P, ROBERTS IRA A. PERGAMIENT ANTONIA T. LUCIA JOAN R CARRB'M* THOMAS R. DAVIS MARIA 1 GRECO 'al]MiTTFD TO PgACTICE M NY & FLA, -A0Mn'MD TO K8CT]CE IN NY & CONN. VIA FACSIMILE (2974558) AND REGULAR MAI. June 18, 2001 'own of Wappinger 20 Middlebush Road Wappingers Fails, New York 12590 Attention: Hon, Constance 0. Smith, Supervisor Re: Piqwon, Inc. v. Town of Wappinger Myers Comers Site File No. 12951.0209 Dear Connie: P. 01 IX-G.kL AS5(STANTS: AMY E. WOODARD KRISTEN S. GUTHRIE POUGHKFePSIE 0FrK P- 276 MAIN lIkL.L POU(',H(CEEPSIIi, NY tW1 (W) 453-1046 AV1)KVSS SLEpLY '1'tY l I POVQK'CF_EPS(E t I WArjnNOEPS I enclose herewith letter to Mr. Elder and Mr. Capolino together with a draft of my report. It is my understanding you were going to review same and forward to Mr. Elder and Mr. Capolino. Please forward any comments you may have before distribution to them. Very truly yours, VERG LIS, TENGER, ROBEP-TS & PERGAN4F-NT s AL . RT P. ROBERTS APR/bg 0:1RO13ERTS\rOR ESPyunct4-bb,doc JUN- IIB -2001 MON 04:46 PH VERG I L IS STENGER ET AL FAX NO. 84529882842 x.. �?,02 DRAM' June 18, 2001 Mr. Peter Elder Mr. Richard Capolino PIQWON, INC. 228 Myers Corners Road Wappingers Falls, New York 12590 Re: Pigwon, Inc. v. Town of Wappinger Myers Corners Site File No. 12951,0209 Dear Mr. Elder and Mr. Capolino: I enclose herewith first draft of my report to the Town Board relative to our conversation on Thursday morning, June 14, 2001. Please review the draft for accuracy. I might also suggest that you identify all other uses presently in these buildings, such as the workshop, etc. I thought it best to specifically identify the uses that will be contained within each building so that there is no future misunderstanding. Please advise comments. Very truly yours, VERGII,IS, STENGER, ROBERTS & PERGAMENT ALBERT P. ROBERTS APPJbg Cc: Daniel K. Wery, AICP Richard O'Rourke, Esq. Dr -u. CYJ. 1>L;)i) 4 - LJrI'I NLI-10L a tiLFilYkr r. l-. I1"). -. u COWARD F, 9EANK O.ONNA E, PROSCO-t° OAV(O GLA591CR LANCC H. KLEIN° RONA1.0 A. LONGO RICHARD L. O-ROURKE I-AWRENCIr PRAGA -JOEL H, SACHSO STCVeN A. 3GHURKMAND .1UMSON K, HIESERT ALSO AOMITTeo IN CA Auo AomdrTGo IN CT t^480 AOMOTTC:: In DC aALSO ADMIT-ro IN IPL aALAG AOMITTM IN Nd VIA FACSIMILE 914/297-4558 AND REGULAR MAIL .KEANE IS BEANE, P.C. ONE NORTH BROADWAY WHITE PLAINS, NEW YOLK 1060f (914) 946.4777 rELeFAX (9)4) 946 -sate Town Board of the Town of Wappinger. . 20 Middlebush Road P.O. Box 324 Wappingers falls, NY 12590-0324 Atta.; Honorable Constance 0. smith December 20, 1999 Re: PIQWON, r=,"228 Myers Corners Road Dear Supervisor Smith and Members of the Town Board: THOMAS F. KEANE. JR. (1932.1991) STEPHANIE L, 6URN90 GRIC L, GORDON-0 JONATHAN KORNOLATT SrrPHANIE M. ORLrFIce PATRICK J. O•SULLIVAN FRANCES M. PANTAI.EO NICHOLAS M. WARD-WILLIS•"O OP COUN'1LL PCTCR A. 9osmaKD JOHN 1*, 9LIRKHARDT ERIC F, JeNSEN"' DONALD N. SILVERMAN As you know, the Honorable John R LaCava ruled on the Town's request for a temporary restraining order on December 13, 1999. Mr. Peter Elder, PIQWON's President, has authorized the preparation of a site plan application for the property owned by G.A.L.S,, Inc, on All Angels ;Road. The purpose of the application is to obtain site plan approval for the removal of the trucks and heavy equipment from the Myers Corners Road property onto that site. You may recall that this was an altemative proposed to the Town Board last January. In light of the Court's determination, it is the only alternative now available to PIQWON, Inc. On behalf of PIQWON, Inc., we respectfully request an extension of sixty (60) days to the enforcement of the Court's Order for the removal of the trucks and other heavy equipment. it is my understanding that with the sixty (60) day extension hereby requested, PIQWON, Inc. would be required to remove all trucks and heavy equipment by March 15, 2000. We would hope that by that time site pian approval will be received with respect to its application about to be tiled, Thank you for your consideration. RLO/mq cc: Mr. Peter Elder Jack Railing, P.E, 2213/01/12"39 vt 1=o199 Very truly yours, c and L. 0 Rourke ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 TELEPHONE: (914) 297-6257 FAX: (914) 297-4558 a TOWN OF WAPPINGER -ill rIll UR1AN 1)U" DATE: Friday, October 08, 1995 TO: Albert P. Roberts Esq. FROM: Mark Liebermann - A/Zo COPY: Town Board Members SUBJECT: PIQWON INC. CONSTANCE O. SMITH Supervisor Attached herewith you will find the following documents relating to PIQWON INC. 1. ORDER TO REMEDY - violation of contractors yard. Compliance date of 10/27/99. 2. Building Department violation notices for expired building permits. The above documents were served to Piqwon Inc. by Building Inspector Paul Foody on 10/7/99. Copies of the above were also given to Mr. O'Rourke, the attorney for Pigwon, while he was in this office on 10/7/99 OCT ELAINE sNOWpEtq P.O. Box 324 20 Middlebush Road Wappingers Falls, N.Y. 12590 Date: Name: Address: Grid #: Property: TOWN OF WAPPINGER October 06, 1999 Piqwon Inc. 228 Myers Corners Road Wappingers Falls NY 12590 6258-02-702520-00 228 Myers Corners Road BUILDING DEPARTMENT, Office: (914) 297-6256 Fax: (914) 297-4558 P71105 VIOLATION NOTICE This notice is to inform you that your Building Permit # P71105 expired on 6111172. This permit was issued for: Erect an addition 20x50 to existing body shop Site Plan approved by Planning Board 617171 Upon receipt of this notice please contact the Building Department at 297-6256 to make arrangements to obtain a NEW building permit. You need a NEW building permit to complete the balance of work on the expired permit and/or to obtain a Certificate of Occupancy/Certificate of Compliance after final inspection has been made. -z FAILURE TO COMPLY within 15 days of this notice of violation could result in legal action being taken in order to gain compliance. Thank you for your cooperation in this matter. Yours truly, 1/ 4:—�4 Building Inspe r np P.O. Box 324 20 Middlebush Road Wappingers Falls, N.Y. 12590 Date: Name: Address Grid #: Property: TOWN OF WAPPINGER October 06, 1999 Piqwon Inc. 228 Myers Corners Road Wappingers Falls NY 12590 6258-02-702520-00 228 Myers Corners Road BUILDING . DEPARTMENT Office: (914) 297-6256 Fax: (914) 297-4558 VIOLATION NOTICE This notice is to inform you that your Building Permit # P64-20 expired on 311.6165. This permit was issued for: To construct an addition to Parson's Garage Upon receipt of this notice please contact the Building Department at 297-6256 to make arrangements to obtain a NEW building permit. You need a NEW building permit to complete the balance of work on the expired permit and/or to obtain a Certificate of Occupancy/Certificate of Compliance after final inspection has been made. FAILURE TO COMPLY within 15 days of this notice of violation could result in legal action being taken in order to gain compliance. Thank you for your cooperation in this matter. Yours truly, . a�� Building Ins np SEP :.�7 99 15:55 FROM: FP CLARK RSSCCIRTES 91.49676615 TO: 914 297 4559 PAGE: 02 e_ ,v 9-27-99 Wd Amended DRAFT) RESOLUTION TOWN OF WAPPINGER TOWN BOARD RE: PIQWON CORPORATION SPECIAL PERMIT FOR IMPROVEMENT OF At a regular meeting of the Town Board of the Town of Wappinger, ;Dutchess County., New York, held at Town ball, 20 Middlebush Road, Wappingers Falls, New York on the 27' day of September 1999 at 7:00 P.M. The meeting was called to order by Supervisor Constance 0. Smith, and upon roll being called, the following were.- PRESENT: ere: PRESENT: Supervisor - CONSTANCE O. SMITH Coun.cilpersons - JOSEPI4 PAOLONI JOSEPH RUGGIERO ROBERT L. VALDATI Absent: VINCENT BETTINA The following resolution was moved by Councilperson JOSEPH PAOLONI and seconded by Councilperson ROBERT VALVATI WHEREAS, the Town Board has received the application of Peter Elder of the Piqwon Corporation (the "Property Owner and "Applicant") for Special Use Permit and Site Development Plan approval involving the improvement/replacement of a nonconforming and discontinued salvage yard use with a contractors storage use, in addition to continuation of the mix of office, retail and service, automotive sales and repair uses currently on the property, including the construction of a 13,000± square foot pole barn on the 6.27 -acre property (the. "Project"); and WHEREAS, the property is known as Tax Lot 6258-02-702520 and is located on the southern side of Myers Corners Road across from the intersection of Myers Corners Road and Degarmo Hill Road in the NB Neighborhood Business and R-40 Residential :Districts (the "Property"); and WHEREAS, the Applicant has submitted, the following plans, prepared by John E. Railing, P.E., P.C., Wappingers Falls, New York: 1. "Map Depicting Lands of Piqwon, Inc.," dated 3124199; and SEP -27 99 15:55 FROM:FP CLARK ASSOCIATES 9149676615 TO:914 297 455e PAGE:03 PEQWON SPECIAL PERMIT MOLllTM Of DPN'IAI. WHEREAS, the plans indicate that 3.5 acres of the property is located in the NB district while the remaining 2.76 acres is located in the R-40 district; and WHEREAS, the majority of the proposed 13,000 square foot storage building is proposed in the R-40 District; and WHEREAS, the Owner has been removing old tires and other debris from the site with the intent to use the Property for the storage, maintenance and repair of his large scale construction vehicles and equipment; and WHEREAS, the plans indicate that eight (8) of the buildings and structures are located in the front 3.5 -acre NB -zoned portion of the Property while seven (7) construction office and storage trailers, four (4) flatbed trailers and one tanker are located in the 2.76 -acre R-40 zoned portion of the Property; and WHEREAS,. the residentially zoned portion (the rear) of the Property has been used, in the past as an automotive salvage yard; and WHEREAS, the existing professional, service and business offices uses are permitted principal uses in the NB zone; and WHEREAS, the existing automotive repair shop is subject to special permit approval by the Planning Board in accordance with Section 440,21; and WHEREAS, the existing automotive sales use was granted site plan approval by the Planning Board. on June 16, 1980 but is no longer a permitted use in the NB District and is therefore an existing nonconforming use; and WHEREAS, the contractors storage use and. the automotive sales are not permitted uses its either the Neighborhood Business or the Residential R40 zoning districts; and WHEREAS, the proposed use of the site would include the storage of large construction vehicles and equipment in the residentially zoned. portion of the property; and 2 SEP -27 99 15:55 FROM:FP CLARK ASSOCIATES 9149676615 TO:914 297 4558 PPGE:04 PIQWON SPECIAL PERMIT WHEREAS, Section 400.5, "Non -Conforming Uses and Structures", Subsection 400.5.6 of the Zoning Law, entitled Improvement of Nonconforming Uses, states: "In order that non -conforming uses may gradually be brought into greater conformity with the Zoning Law and the adverse external effects of such uses may be reduced, upon application to and approval of a special use permit by the Town Board and approval of a site development plan by the Planning Board, the owner of any land, building or structure so used may be permitted to make limited changes to such building, structure or use in conjunction with a plan whereby through the addition of landscaped screening and buffer areas, control of noise, smoke or odors, the improvement of lighting, architectural changes, redesign of parking area and access drives, or by any other appropriate means, these purposes may be achieved. The Town Board and the Planning Board may grant approval, or approval with modifications, provides said Boards find that the purposes of this section would be furthered by such action. "; and WHEREAS, the improvement of non -conforming uses is not a use listed in the Schedule of Use Regulations as a permitted principal, special permit or accessory use, and WHEREAS, the authority to enable the improvement of a non -conforming use is a special legislative act which requires the Town Board to use its legislative discretion to determine whether there are modifications to existing non -conforming uses or buildings which may benefit the public health, welfare and safety; and WHEREAS, because the Town Board determination as to whether proposed modifications to a non -conforming use are in the best interest of the public health, welfare and safety is a legislative act which cannot be mandated by the Applicant, the decision not to entertain Project is not subject to preview in accordance with the State Environmental Quality Review Act ("SEQRA"); and WHEREAS, such legislative determinations, if entertained by the Town Board, are processed in accordance with the special use permit procedural requirements of the Zoning Law and cannot be approved unless reviewed in accordance with SEQ1tA; and 3 SEP -27 99 15:56 FROM:FP CLARK ASSOCIATES 9149676615 T9:914 297 4558 PAGE:05 PIQWON SPECIAL PERvl1T RESOLUTION OF DENIAi, WHEREAS, applications for special permit approval and site plan approval were made by the Applicant to the Town Board and the Planning Board, respectively, to Section 400.5.6; and. WHEREAS, the Town Board referred the application to the Planning Board for its site plan review and recommendation regarding the special permit and the merits of the project with respect to the standards of Section 400.5.6; and WHEREAS, according to the Applicant, a portion of the Property was used as a automotive salvage yard since 1947 and the last state permit to operate a salvage yard was issued to A & J Parsons and expired May 31, 1997; and WHEREAS, the last Town of Wappinger license to operate a salvage yard for the Property was February 16, 1995, approved March 31 1995, and there is an undated license signed by the Town Clerk with an expiration date of December 31, 1995; and WHEREAS, the Zoning Administrator noted to the Zoning Board of Appeals by correspondence dated September 15, 1998 that the Property had not been used for a salvage yard for more than two and one-half (2 %i) years; and WHEREAS, therefore the status of the salvage yard as a pre-existing legal non- conforming use has expired and the use cannot be continued, and any future use of the property must be in conformity with all provisions of the Zoning Law; and WHEREAS, although Section 400.5.6 permits the Town Board to allow modification of nonconforming uses in effort to improve the degree of conformity with the zoning law and to improve, mitigate or eliminate negative aspects of such uses, the Applicant has not demonstrated how the proposed use will benefit the town; and WHEREAS, it appears the Project would not reduce the adverse external effects of the existing nonconforming uses, but rather would add a new nonconforming use and would include construction of a large structure in support of such additional nonconforming use; and WHEREAS, such additional non -conforming use and structure would be located in the residential portion of the property; and 4 SEP -27 99.15:56 FROM:FP CLARK A550CIATES 9149676615 TO:914 297 4558 PAGE:OE PIQWON SPECIAL I' WT WHEREAS, pursuant to Section 400.5.2.4, "No non -conforming use of landshall be changed to another non -conforming use."; and WHEREAS, construction of a large building would require a substantial capital investment in a structure designed for a prohibited use in the R-40 District, thereby exacerbating and encouraging the continued use of the residential portion of the property in a manner which is inconsistent and in conflict with the Zoning Law, the Town Comprehensive Plan and the surrounding residential properties; and WHEREAS, it appears the Project would not change the existing buildings, structures or uses which would control noise, smoke or odors emanating from the Property; and WHEREAS, the applicant has not shown how large vehicles will maneuver through the site and how such traffic might impact the watercourse which runs through the property; and WHEREAS, there are other properties in the Town of Wappinger which are available and appropriately zoned for such uses; and WHEREAS, the rear portion of the Property could be subdivided and developed in compliance with the requirements of the R-40 Residence District separately from the front portion zoned NB, ideally as part of or after the adjoining residential properties to the east or west are similarly subdivided into smaller residential lots and provide additional road access; NOW, THEREFORE, BE 1T RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby denies the application for reuse of the subject Property for the contractors storage yard use as the Project is defined herein on the grounds that: 5 SEP -27 99,15:57 FROM:FP CLARK ASSOCIATES 9149676615 TO=914 297 4559 PAGE:07 PIQWON SPECIAL PERMfT A. The proposed contractors storage use is not a permitted use in neither the R- 44 nor the NB zoning districts; B. The former non -conforming automotive salvage yard use has expired and, pursuant to Section 400.5.2.3, is no longer entitled to continuation; C. The proposed use is not a modification to an existing non -conforming use; and D. The Project will not achieve the objectives and requirements of Section 400.5.6 of the Zoning Law since it will not, as proposed, bring the property into greater conformity with the Zoning Law and it will not improve the external effects of the use and property to the benefit of the surrounding area. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: CONSTANCE 0. SMITH VINCENT BETTINA JOSEPH PAOLONI JOSEPH RUGGIERO ROBERT L. VALDATI The resolution is hereby duly declared adopted. Dated: September 27, 1999 Wappingers Falls, New York Constance 0. Smith, Supervisor Town of Wappinger Town Board Upc2\sys 1 \docs21500lwappingerll . l 5.9. pigwon, dkw.doc G voting Aye voting Absent voting _ Aye voting A�,e Voting Aye September 27, 1999 Date EDWARD F. BEANE DONNA E. FROSCO*to DAVID GLASSER LANCE: H. KLEINO RONALD A. LONGO RICHARD L. O'ROURKE LAWRENCE PRAGA JOEL H. SACHSIJ STEVEN A. SCHURKMANO JUDSON K. SIEBERT 'ALSO ADMITTED IN CA "ALSO ADMITTED IN CT tALSO ADMITTED IN OC OALSO ADMITTED IN FL, OALSO ADMITTED IN NJ KEANE (S BEANE, P.C. ONE NORTH BROADWAY WHITE PLAINS, NEW YORK 10601 19141 946-4777 TELEFAX (914) 946-6868 VIA FACSIMILE (914) 297-4558 AND FIRST CLASS MAIL September 16, 1999 Town Board Town of Wappinger 20 Middle Bush Road P.O. Box 324 Wappinger Falls, New York 12590 Attention: Honorable Constance Smith, Supervisor Re: PIQWON Corp., Myers Corners Road Dear, Ms. Smith: THOMAS F. KEANE, JR. (1932-1'9911 STEPHANIE L, BURNSO ERIC L. GORDON" JONATHAN KORNE)LATT STEPHANIE m. oREricE PATRICK J. O'SULLIVAN FRANCES M. rANTALEO NICHOLAS M. WARD-WILLIS-0 OF COUNSEL PETER A. BORROKO JOHN F.BURKHARDT ERIC F. JENSEN** DONALD N. SILVERMAN SEP 17 1999 suPERVISOH'S OFFICE TOWN OF WAPPINGER As you know, my firm represents Piqwon Corp. ("Piqwon") with respect to its application to the (a) Town Board for special use permit and (b) Planning Board for site plan approval. These applications were filed pursuant to §400,5.6 of the Zoning Law and in accordance with discussions among the Town Board, Town Attorney, Piqwon Corp. President Peter Elder and Jack Railing, P.E. The procedures to be followed with respect to the applications are outlined in two letters written in March, 1999, which letters were received by the Town Board. Additional copies are enclosed. Mr. Elder and I were surprised and disappointed to 'learn that Vhe Town Board 11as abruptly changed its position. We have been informed the Town Board has given Piqwon an ultimatum and deadline regarding his business operations on the Myers Corners property. Piqwon filed its applications with the Town at great expense, including a comprehensive resurvey of the precise location and dimensions of structures. Piqwon paid all necessary fees to the Town. It is manifestly unfair to an applicant that has filed an application for special use permit pursuant to §400.5.6 of the Zoning Law to be informed that his application is a, nullity. 2213/011116595 V1 9/16/99 KEANE.8 BEAN E, P. C. Town Board of the Town of Wappinger Attention: Hon. Constance Smith, Supervisor September 16, 1999 Page 2 Piqwon is entitled to a public hearing on its special use application. Such public hearing should be held prior to this Board entertainirlg any resolution regarding the Piqwon property. The Town Board, by mandating that'business operations cease, should at least schedule a public hearing on the pending special use permit application, thereby providing the applicant with a modicum of due process. Accordingly, Piqwon requests that the Town Board schedule a public hearing in accordance with proper procedure. Very truly yours, Ric d L. O'Rourke RLO/mq cc: Mr. Peter Elder Piqwon, Inc. 228 Meyers Corner Road Wappingers Falls, New York 12590 Jack Railing, P.E. c/o MHPC, INC. 186 Route 9 Wappingers Falls, New York 12590 Albert P. Roberts, Esq. Vergilis, Stenger, Robert and Pergament 1611 Route 9 Wappingers Falls, New York 12590 SEP -16,99 09:17 FROM:FP CLARK ASSOCIATES 9149676615 FREDERICK P. CLARK ASSOCIATES, INC, Planning/Development/EnvlronmenV ransportation Rye, New York and Southport, Connecticut 350 Theodore Fremd Avenue .Rye, New York 10580 (914) 967-6540 FACSIMILE TRANSMITTAL. COVER SHEET TO:914 297 455E PACE:01 David J. Portman, AICP Howard 1. Reynolds, PE David H. Stolman, AICP Michael A. Galante Joanne P. Meder, AICP To: Constance O. Smith, Supervisor Fax Phone: 297- +,56 Albert P. Roberts, Esq. 298-2842 From: Daniel K. Wery Subject: PIQWON — Project: 570.372 Date: September 15, 1999 l No. of Pages: '6Se(Including Cover Sheet) Hard Copy ❑ WILL ® WILL NOT Follow by Mail Comments,. As requested, attached for your review and consideration is a draft resolution of denial of the Piqwon special permit. It is advised that the legal status of the former salvage yard be clarified for the record, The relevant clause in the draft resolution is in bold to highlight the necessary clarification. Further, of concern is whether a SEQR determination is required prior to denial. The subject action may be tantamount to a legislative act which is not subject to a SEQR determination if it will not be considered. I will defer to Al for advice on this matter. NOTICE: TNa facelmlle message Is Intended only for the use of the individual or entity to whlch It is addressed, and may contain Information that is privileged or oontldenttai, if the reader of this message Is not the Intended reclplent, or the employe& or agent responsible for dellvedng It to the Intended addresses, you are hereby notified that any unauthorized use, disclosure, reproduction, disseminallon or disruption of thle communlca.don Is Wetly prohibited. If you received this facsimlle In error, please notify the sender Immedlately by tetaphone at (914) 967.6W, and return the original message to the sender at the above address via US. Postat Service,. Postage charges shall be reimbursed If requested. Thank you. Connecticut � (203) 255-3100 FAX - (914) 967--6615 Long Island • (516) 364-4544 www.fpciark.com. -- SEP -16 99 09:18 FROM:FP CLARK R550CYRTSS 91496766.15 T0:914 297 4558 PAGE:02 9-1599 (DRAFT) RESOLUTION TOWN OF WAPPINGER TOWN BOARD RE: PIQWON CORPORATION SPECIAL PERMIT FOR. IMPROVEMENT OF ON--CONFOR , , G LISE — RES01.11TIO QE D:MAL At a regular meeting of the Town Board of the Town of Wappirger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the day of , 1999 at 7:00 P.M. The meeting was called to order by Supervisor Constance O. Smith, and upon roll being called, the following were: PRESENT: Supervisor - Councilpersons CONSTANCE 0. SMITH ,VINCENT BETTINA JOSEPH PAOLONI JOSEPH RUGGIERO ROBERT L. VALDATI The following resolution was moved by Councilperson and seconded by Councilperson WHEREAS, the Town Board has received the application of Peter Elder of the Piqwon Corporation (the "Property Owner" and "Applicant") for Special Use Permit and Site Development Plan approval involving the improvement/replacement of a nonconforming and discontinued salvage yard use with a contractors storage use, in addition to continuation of the mix of office, retail. and service, automotive sales and repair uses and currently on the property, including the construction of a square foot pole barn on the 6.27 -acre property (the "Project"); and WHEREAS, the property is known as Tax Lot 6258-02-702520 and is located on the southern side of Myers Corners Road across from the intersection of Myers Corners Road and Degarmo Hill Road in the NB Neighborhood Business and R-40 Residential Districts (the "Property"); and WHEREAS, the Applicant has submitted. the following plans, prepared by John E. Railing, P.E., P.C., Wappingers Falls, New York: SEP -16,99 09:18 FROM:FP CLARK ASSOCIATES 9149676615 T0:914 297 4556 PIQWON SPECIAL PERMIT R_ESOF. MON OF DENIAL 1, "Map Depicting Lands of Piqwon, Inc.," dated 3124199; and PRGE:03 WHEREAS, the residentially zoned portion (the rear) of the Property has been used in the past as a salvage yard; and WHEREAS, the Owner has been removing old tires and other debris from the site with the intent to use the Property for the storage, maintenance and repair of his large scale construction vehicles and equipment; and g� WHEREAS, the existing professional, service and business offices uses are permitted principal uses in the NB zone; and WHEREAS, the existing automotive repair shop is subject to special permit approval by the Planning Board in accordance with Section 440.21; and WHEREAS, the contractors storage use and the automotive sales are not peri mitted uses in either the Neighborhood Business or the Residential R40 zoning districts; acid S WHEREAS, some of the existing uses appear, to be nonconforming, the timing, approval or legal status of which have not been clarified; and WHEREAS, the proposed use of the site would include the storage of large construction vehicles and equipment in the residentially zoned portion of the property; and WHEREAS, Section 400.5.6 of the Zoning Law, entitled Improvement of Nonconforming Uses, states: "In order that non -conforming uses -may gradually be brought into greater conformity with the Zoning Law and the adverse external ejects of such uses may FA SEP -16 99 09:18 FROM:FP CLARK ASSOCIATES 9149676615 TO:914 297 4558 PACE:04 PIQWON SPECIAL PERMIT RESOLUTION OF DENIIAI, be reduced, upon application to and approval of a special use permit by the Town Board and approval of a site development plan by the Planning Board, the owner of any land, building or structure so used may be permitted to make limited changes to such building, structure or use in conjunction with a plan whereby through the addition of landscaped screening and buffer areas, control of noise, smoke or odors, the improvement of lighting, architectural changes, redesign of parking area and access drives, or by any other appropriate means, these purposes may be achieved. The Town. Board and the Planning Board may grant approval, or approval with mod f cations, provides said Board find that the purposes of'this section would be furthered by such action. "; and WHEREAS, applications for special permit approval and site plan approval were made by the Applicant to the Town Board and the l'lanning.Board, respectively, pursuant to Section 400.5.6; and WHEREAS, the Town Board, referred the application to the Planning Board for its site plait review. and recommendation regarding the special permit and the merits of the project with respect to the standards of Section 400.5.6; and WHEREAS, the Property was a former salvage yard, but has not been used as such for more than two (2)- years, and therefore is no longer a legal non- conforming use, thereby requiring that any future use of the property must be in conformity with all provision of the Zoning Law; and [Ed. Note — This should be verified and/or clarified and corrected] WHEREAS, although Section 400.5.6 permits the Town Board to allow modification of nonconforming uses in effort to improve the degree of conformity with the zoning law and to improve, mitigate or eliminate negative aspects of such uses, the Applicant has not demonstrated how the proposed use will benefit the town; and SEP -16 99 69:18 FROM:FP CLARK ASSOCIATES 9149676615 T0:914 297 45513 PAGE:05 PIQWON SPECIAL PERMU RESOT'.l_l 1'70N OF DENIAL WHEREAS, it appears the Project would not reduce the adverse external effects of the existing nonconforming uses, but rather would add a new additional nonconforming use and would include construction of a large structure in support of, such additional nonconforming uses; and WHEREAS, such additional non -conforming use and structure would be located in the residential portion of the property; and WHEREAS, construction of a large building would require a substantial capital investment in a structure designed for a prohibited .use in the R-40 District, thereby exacerbating and encouraging the continued use of the property in a manner which is inconsistent and in conflict with the Zoning Law, the Town Comprehensive Plan and the surrounding residential properties; and WHEREAS, it appears the Project would not change the existing buildings, structures or uses which would control noise, smoke or odors emanating from the Property; and WHEREAS, the applicant has not shown how large vehicles will maneuver through the site and how such .trafff c might impact the watercourse which runs through the property; and . WHEREAS, there are other properties in the Town of Wappinger which are available and appropriately zoned for such uses; and WHEREAS, the rear portion of the Property couldbe subdivided and developed in compliance with the requirements of the R-40 Residence District separately from the front portion zoned N8, ideally as part of or after the adjoining residential properties to the east or west or similarly subdivided into smaller residential lots and provide additional road access; 4 5EP-3.6:99 09:7.8 FROM:FP CLARK ASSOCIATES 9149676615 PIQWON SPECIAL PERMIT, $,FSOLUTIQhl OEDEMA TO -,914 297 4558 PAGE:06 NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby denies the application for reuse of the subject Property for the contractors storage yard use as the Project is defined herein on the grounds that the Project will not achieve the objectives and requirements of Section 400.5.6 of the Zoning Law, it will not, as proposed, bring the property into greater conformity with the Zoning.Law and it will not improve the external effects of the use and property to the benefit of the surrounding area. The question of the adoption. of. the foregoing resolution was duly put to a roll call vote, which resulted as follows: CON'STANCE O. SMITH VINCENT BETTINA JOSEPH PAOLONI JOSEPH RU'GGIERO ROBERT L. VALDATI The resolution is hereby duly declared adopted. Dated:. _ 1999 Wappingers Falls, New York Constance 0. Smith, Supervisor Town of Wappinger Town Board g:ldoes215OMwappingert9.15.9.pigwon.d{-\v.doc E voting voting voting voting voting Date Daniel P. Wery, AICP PECENED Frederick P. Clark Associates 350 Fremd Avenue SEP 15 X999 Rye, New York 10580 1 -�iGE Re: Piqwon Application for Special Use Permit, etc. -rowl� 0� wAQp1NGEa Dear Dan: This is just a reminder the Town Board requires a formal Resolution of denial. This should have been completed by this date. This needs some expedited service. Please address immediately. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERT P. ROBERTS APR/aew cc: Hon. Constance O. Smith VIA FAX AND FIRST CLASS MAIL VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 .ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 GERALD A, VERGILIS* FAX (914) 298-2842 LEGAL ASSISTANT'S: KENNETH M. STENGER DALE O'DONNELL ALBERT P. ROBERTS AMY E. WOODARD IRA A. PERGAMENT ANTONIA T, LUCIA POUGHKEEPSIE OFFdCE JOAN F. GARRETT** 276 MAIN WALL THOMAS R. DAVIS POUGHKEEPSIE, NY 12601 TODD N. ROBINSON** (914) 452-1046 •ADM17T8D TO PRACTICE ADDRESS REPLY TO: ( ) POUGIIKEEPSrE IN NY & FLA. _ - O WAPPTNGERS f •ADMITTED TO PRAUnCE IN NY & CONN. _ September 14, 1999 Daniel P. Wery, AICP PECENED Frederick P. Clark Associates 350 Fremd Avenue SEP 15 X999 Rye, New York 10580 1 -�iGE Re: Piqwon Application for Special Use Permit, etc. -rowl� 0� wAQp1NGEa Dear Dan: This is just a reminder the Town Board requires a formal Resolution of denial. This should have been completed by this date. This needs some expedited service. Please address immediately. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERT P. ROBERTS APR/aew cc: Hon. Constance O. Smith VIA FAX AND FIRST CLASS MAIL TO P.O. Box 324 20 Kddlebush Road Wappingers Falls, NY 12590-0324 Telephone: (914) 297-1373 Fax: (914) 297-4558 To: Supervisor Smith & Town Board Members From: Mrs. Nguyen, Secretary Planning Board ,Rc: Piqwon, Inc. - Amended Site Plan & SUP 228 Myers Comers Road 6258-02-702520 Date: May 6, 1999 PLANNING BOARD Attached is a portion of the Planning Board's draft minutes from the May 3rd meeting regarding Piqwon, Inc. Also attached are Mr. Paggi, and Mr. Wery's review letters for your information. The Planning Board will hold a site inspection within the next two weeks. However, no date has been set as of yet. Comments from the Planning Board will be forthcoming. CC: Planning Board Dan Wery Al Roberts Jay Paggi Mr. Elder Mr. Liebermann Elaine Snowden Town of Wappinger Planning Board Summarized Minutes - May 3, 1999 Page 6 Vote: All present voted aye. 3. Piawon Inc. Amended Site Plan - App, No. 99-3004 - Seeking amended site plan approval. The Town Board has referred a special use permit application to the Planning Board for their comments. The property is located at 288 Myers Corners Road in the Town of Wappinger. Mr. Railing, PE, Mr. Elder and Mr. O'Rourke, Esq, were present. Mr. Roberts, Town Attorney, stated there is a procedure in the Zoning Ordinance that permits the Town Board to grant a special use pen -nit to change the uses on non -conforming sites to bring them more into conformance with existing surrounding uses. Normally the Planning Board grants SUP. In this case the SUP is granted by the Town Board. The Planning Board is to examine the proposed site plan. Any considerations, discussion, infon-nation, questions or comments the Board may have as to this particular site for the uses that are intended in context to what is already permitted should be identified. Any comments the Board wants to give to the Town Board should be generated now, He did not expect the Board to get all the information in one meeting. Mr. O'Rourke stated the application is pursuant to 400.5.6 of the Town Ordinance. That section provides an opportunity for the Town Board to grant a SUP for those sites that contain pre-existing non -conforming uses or have been out of sink with the present Zoning Ordinance. Since approximately 1947 the property was used in part as a salvage yard. There were cranes there and beat up cars. The uses include professional offices, there is a mortgage broker there, and an atton-tey. There are also corporate offices for Piqwon Inc. There are proposed improvements to the property that includes landscaping, screening and some attempts to make the property more esthetically acceptable. Mr. Roberts, Town Attorney, stated the purpose of this meeting is for the Planning Board to provide information to the Town Board. Ms. Visconti stated the application states they have a carpenter shop, paint shop and storage for building materials. She asked if the mechanic's shop is for Piqwon. Mr. O'Rourke stated previously there was an auto body shop and retail for the people that would come in and have repairs done on crashed cars. Ms. Visconti thought that when there is a non -conforming use the Board would try to bring it more into conformance. She questioned if he would need all of those uses. Mr. O'Rourke stated the salvage yard will be eliminated. Ms. Visconti asked what kind of equipment will be onsite. Mr. O'Rourke said there will be some trucks, a backhoe Ms. Visconti added a backhoe on a flatbed! She stated she came over the hill when the flatbed was coming out with a backhoe. It was across the entire road. She felt it is a dangerous situation. Mr. Elder stated since the initial cornplaints, carne in, he now has a flag man. Mr, DiNoritio stated that should be part of the SUP. Town of Wappinger Planning Board Summarized Minutes - May 3, 1999 Page 7 Mr. Roberts, Town Attorney, said that should be a recommendation sent to the Town Board, Mr. O'Rourke stated the auto body repair shop that was there previously is now not used for the general public. It is solely for the purpose of Plqwon's business. Mr. Musto asked if building 2 is used solely for Piqwon's business for a carpenter and paint shop, mechanic's shop and warehousing. He assumed that other than that the car sales, attorney's office, and mortgage business are tenants. Mr. Elder agreed. Mr. Grimshaw asked them to clarify the encroachment of the building being on two lots. Mr. Paggi, Town Engineer, stated there are several encroachments. Mr. Railing, PE, stated they have approached a neighbor and discussed a lot line realignment. Mr. Grimshaw asked Mr. Elder if he is leasing out to a construction company for them to store their equipment on his property. He assumed that would mean there will be more than two or three trucks stored on the property. Mr. Elder agreed. He said there could be eight pieces of equipment or none. Mr. Grimshaw asked if they will maintain the equipment on the property. Mr. Elder said it would be serviced on the job. It would not come in to be serviced unless there is a major repair. Mr. Musto stated the hours of operation are from 6:30 to 6:00. Ms. Visconti asked Mr. Elder to elaborate on the pole barn. Mr. Elder stated one of the Town Board's concerns was rather than having outside storage, maybe it would be better to have a pole barn in order to store it inside. The pole barn would be 120' X 80'. The roof would basically extend out 14 feet. Mr. Weiy, Town Plaimer, stated the barn is mostly in a residential district. He asked if they are proposing or eliminating the construction office, trailers, and storage. Mr. Elder stated they are proposing consolidate and move them back from the perimeter. Mr. Wery, Town Planner, was concerned they are adding to the activity in the residential area, Mr. Railing, PE, stated the back area is designated for equipment storage area. The idea is to consolidate it in the building. He asked Mr. Wcry if he wants them to show what areas will not be utilized. Town of Wappinger Planning Board Summarized Minutes - May 3, 1999 Page 8 111 f� /i; Mr. Wery, Town Planner, said yes. lie stated a 25 foot buffer is required between commercial ahr residential property. Mr. Grimshaw stated he has seen other businesses go out in the morning and start the trucks. They leave the trucks running to warm them up on cold mornings. Mr. Railing, PE, stated leaving a truck running for more than 5 minutes according to the DEC Law is illegal, Mr. DiNonrio asked what they are proposing as a buffer at the end of the parcel. Mr. Railing, PE, stated they are proposing 12 ft. high fence. Mr. Elder stated they received noise complaints due to backup alanns. He stated when that complaint came in there was not a piece of equipment there with a backup alarm. He said deliveries to the convenience store start at 5:30 in the morning and they have backup alai ns. Mr. DiNonno stated there were also complaints about slanu-ning tail gates. He stated most construction businesses can not start any later than 6:30, but he questioned them being open on Saturday. Mr. Elder said he would be willing to eliminate Saturday. Mr. Roberts, Town Attorney, suggested the Planning Board might want to ask the Supervisor if she wants a member of the Planiiing Board to attend their meeting. He stated there will be a public hearing for the site plan by the Plarining Board and a public hearing for the special use permit by the Town Board. He stated the Plarining Board can not adopt the site plan until the special use permit is approved. Mr. Grimshaw asked Mr. Roberts if this is very close to spot zoning. Mr. Roberts, Town Attorricy, stated the provisions of the Zoning Ordinance are designed to take non- confoirning uses which are existing and not consistent with Zoning Ordinance and bring them into more compliance. There is a general prohibition in the Zoning Ordinance that says non -conforming uses can only be changed to conforming Uses. The bridge between an existing non -conforming use and bringing it more into compliance is a special use permit application which goes to the Town Board. It is not a question so much of spot zoning as much as it is trying to take the existing non -conforming use and bringing it more into conformance with the intended uses of the Zoning Law. Mr. Grimshaw stated the salvage yard has not been in operation for I I years. Since it has not been used for more than 2 years the grandfathered use for the salvage yard is gone. Mr. Elder stated the last pen -nit was issued in 1997. Mr. Railing, PE, stated it expired in 1997, but the salvage yard was still there. Mr. O'Rourke stated the provision in the Ordinance provides for the Town Board pursuant to granting the special permit to permit changes to the building, the structure, the use in conjunction with the plan which provides for landscape screening, buffer area, control of noise, improvement, redesign or by any other appropriate means. Town of Wappinger Planning Board Summarized Minutes - May 3, 1999 Page.9 Mr. Wery, Town Planner, stated overall the Town Board is looking to the Planiiing Board recommendations on how to improve the operation of the site, the activities that occur there and the physical improvements. He suggested the Board should not limit themselves to just the usage, Ms. Visconti asked if the Board can specify that certain uses can only be used by Piqwon and if he ever sells the: property those uses can not continue. Mr. Roberts, Town Attorney, said no. Ms. Visconti felt in that case they are not really making it more conforming. Mr. Roberts, Town Attorney, read from the Ordinance, "Improvement of Non -Conforming Uses - In order that non -conforming uses may gradually be brought into greater conformity with the Zoning Law and the adverse external effects of such uses may be reduced, upon application to and approval of a special use permit by the Town Board and approval of a site development plan by the Planning Board, the owner of any land, building or structure so used may be permitted to make limited changes to such building, structure, or use in conjunction with a plan whereby through the addition of landscaped screening and buffered areas, control of noise, smoke or odors, the improvement of lighting, architectural changes, redesign of parking areas and access drives, or by any other appropriate means these purposes may be achieved. The Town Board and the Plarming Board may grant approval or approval with modifications provided said Boards find the purposes of this section would be furthered by such action." He stated the Board needs to determine what was there, and whether the proposed use will bring it more into conformity. They also need to deten-nine how the development of the new site plan is going to achieve what that section wants, Mr. O'Rourke stated the Board should evaluate this in the context of what are the other uses that might be permitted, what other kinds of truck traffic and retail traffic might be permitted if there were other uses than what lie has. Mr. Wery, Town Planner, stated the property is split. The front half is commercial and the back half is residential. There is long standing commercial use uses on the residential half in the rear. He stated this is the opportunity to improve that. Ms. Visconti asked what will happen with the building that is on the property line. Mr. DiNormo stated they will take care of that with a subdivision (lot line realignment). Mr. Paggi, Town Engineer, reviewed his April 21.5` letter. Board of Health approval is required for the sewage and water supply system. The equipment storage area should be specifically delineated on the plan in order for the Board to make a determination of magnitude of use. All areas that are not designated as equipment storage should be labeled as areas not to be disturbed, if they are disturbed now, they should be stabilized and/or reclaimed in some specified manner. Unless the proposed location of the future pole barn is for information purposes only, the use and any other engineering impacts associated with the building will need to be studied. If it is just for future reference for the Board, then it may remain as is. Mr. Railing, PE, stated it is a proposal. He asked if Mr. Paggi was looking for architectural drawings. Mr. Paggi, Town Engineer, said he would want to see the grading, floor elevations, sewer, water, runoff, etc. Town of Wappingor Planning Board Summarized Minutes - May 3, 1999 Pap -c 10 ' Mr. Railing, PE, stated there would not be any sewer or water because it is just a storage b1iilding. Mr, Wery, Town Planner, stated the Board will want to see architectural drawings. He stated they will be building the storage area into the residential area for the contractor's storage use. That use may already be there, but now they will be making a substantial investment and physical improvements for that use. He said by taking the area that is open storage and moving it into the building, than that may be a consideration. Mr. O'Rourke stated consolidation is what they are planning. Mr. Paggi, Town Engineer, continued with his review letter. There appears to be a number of encroacl-iments on the property and adjoining properties, including buildings and fences. He recommended the Plamaing Board should look at the proposed location of the fence, with and without the berm, and determine if it is acceptable as to construction and location. Mr. DiNonno suggested white pines should be planted in the rear of the property. Mr. Wery, Town Planner, reviewed his April 29"' letter. He asked for clarification as to what uses are existing as of right today and what improvements are going to be in terms of the use for tomorrow. He stated the salvage yard has expired and is gone. Whatever remains needs to be identified. Mr. Railing, PE, said they were issued permit as late as 1997 from the County. Mr. Wery, Town Planner, stated a permit is required from the Town which they did not have. Mr. Railing, PE, agreed there wasn't a Town permit, but they had a State permit. Whether they were operating legally or illegally, there was an operation going on there. He stated it is there intent to eliminate the salvage yard as a permitted use. Mr. Wery, Town Planner, did not feel it is a 'gain' for the Town. If they were operating with or without a State pen -nit the Town has the right to shut that down. The automotive repair is subject to SUP approval by the Planning Board. He though what Mr. Elder is proposing is an accessory use to the contractor's storage. He is proposing to repair his vehicles, as opposed to a commercial garage where he would have customers. He said that needs to be clarified. Mr. Railing, PE, asked if all additional SUP application will be required for the auto repair use. Mr. O'Rourke felt it is a customary and incidental accessory use. Mr. Wery, Town Planner, said since Mr. O'Rourke stated that in the record, he would agreed to that. He recommended a written narrative be done to clarify and explain precisely what exist and what they are entitled to now, how they will improve the situation for the betterment of the Town and the neighbors. With regard to site plan oriented issues, the applicant shows large vehicles maneuvering through the site. At one point they had talked about a crane on the property. The equipment and their sizes should all be identified and where it will be stored on the site, He also wanted to know how often they move them in and out. One of the issues would be sight distances on the road and whether or not they need flag men to help. He asked for building setbacks to be shown on the plans. He stated the Board will want building elevations. The actual amount of landscaped area should be added to the Zoning Table. The Ordinance requires a Town of Wappinger Planning Board Summarized Minutesi ;May 3, 1999 minimum 20 foot landscaped evergreen buffer around the perimeter of a commercial use when it abuts'a'� residential property or district. He recommended the Board should walk the property and find what is appropriate for landscaping., The Board agreed to do a site inspection (no date was set). Mr, Wery, Town Planner, continued with his review letter. He stated there is a water course that runs through the property. He wanted them to explain in the narrative how that will be protected from vehicles and storage. Mr. Railing, PE, stated it is a natural drainage ditch. Mr. Wert', Town Planner, stated it would be appropriate to improve it and protect it. Mr. DiNonno asked what the next step would be. Mr. Roberts, Town Attorney, explained the Board has to get all the information first. Then, after working with the professionals the Planning Board would send a recommendation back to the Town Board listing the issues the Board has and proposing how it might be addressed. Mr. Musto asked if the Town Board gets copies of the Planning Board minutes. He suggested the minutes for this project should be forwarded to the Town Board, Mrs. Nguyen said yes, once they are approved. She will send them the relevant section of the draft minutes. Mr. Roberts, Town Attorney, suggested a letter should come from the Planning Board letting the Town Board know what the Planning Board is doing and when the Town Board can expect a report so they do not put it on the Town Board agenda prematurely. Ms. Visconti suggested the letter to the Town Board should say the Planning Board intends to have a site inspection within the next two weeks. 4, MVK Landscaping - A,.rnended Site Plan & Amended ,.Special Use Permit - App. Nos. 99-3006 & 99- 4001 - Seeking amended site plan and amended special use permit approval for property located at 125 Myers Corners Road in the Town of Wappinger. Mr. Gillespie, PE, and Mr. Van Kirk were present. Mr. DiNonno stated this is another site the Board should hold a site inspection on. Mr. Gillespie, PE, stated it has been a year since they were before the Board for this project. He stated there has been no screening on the site since that time. He stated they received comments from DPW. He stated they contacted DPW and told them they will submit an application for a permit for the proposed commercial entrance by Friday, May 7, 1999. Mr. DiNonno asked if the proposed commercial entrance is per the original site plan approval or the amended site plan approval. FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Rye, New York and Southport, Connecticut 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 • FAX (914) 967-6615 MEMORANDUM To: Town of Wappinger Planning Board Date Subject: April 29, 1999 David J. Portman, AICP TipWA Howard 1. Reynolds, PF David H. Stolman, ACP, PP Michael A. Galante Joanne P. Meder, MCP `=IECEIVED APR 3 d 1999 Pigwon Special Use Permit and Site Development Plan — £U ; ZONING Preliminary Review As requested, we have reviewed the application of Peter Elder of the Piqwon Corporation (the "Property Owner" and "Applicant") for Special Use Permit and Site Development Plan approval involving the improvement/replacement of a nonconforming salvage yard use with the mix of office, retail and service, automotive sales and repair and contractors storage uses currently on the property. Construction of a future pole barn on the 6.27 -acre property has also been proposed. The property is known as Tax Lot 6258-02-702520 and is located on the southern side of Myers Corners Road across from the intersection of Myers Corners Road and Degarmo Hill Road in the NB Neighborhood Business and R-40 Residential Districts. The applicant has submitted the following plans, prepared by John E. Railing, P.E., P.C., Wappingers Falls, New York: "Map Depicting Lands of Piqwon, Inc.," dated 3124199. s_ • uv] 1. Approvals/Zoning_ ConQjmqnce. The application requires Special Use Permit approval by the Town Board in accordance with Section 400.5.6 of the Zoning Law and Site Plan approval by the Planning Board. The professional, service and business offices uses are permitted principal uses in the NB zone. The existing automotive repair shop is subject to special permit approval by the Planning Board in accordance with Section 440.21. The contractors storage use and the automotive sales are not permitted uses in either the Neighborhood Business or the Residential R40 zoning districts. Some of the Connecticut • (203) 255-3100 email@fpclark.com Long island • (516) 364-4544 www.fpclark,com FREDERICK P. CLARK ASSOCIATES, INC. Plan ing/Deve lopment/Environment/Transportation uses appear to be existing nonconforming. The timing and approvals of these uses should be clarified for the record. Section 400.5.6 permits the Town Board to allow modification of nonconforming uses in effort to improve the degree of conformity with the zoning law and to improve, mitigate or eliminate negative aspects of such uses. The Applicant should demonstrate how the proposed use will benefit the town. A written narrative describing the nature of the operations should be provided. 2. Site Circulalin. The applicant should show how large vehicles will maneuver through the site and how such traffic might impact the watercourse which runs through the property. Edges of outdoor storage area and traveled ways should also be depicted on the plans. 3. Building Setbacks. The applicant should graphically depict the applicable building setback lines on the plan. 4. Building 1 v t' n . The applicant should provide elevations of the proposed pole barn, with descriptions of proposed colors and materials. 5. Land5gapinglencing. The actual amount of landscaped area should be added to the Zoning Table (currently labeled as <25%). The proposed berm may not be large enough to prevent the root balls of the proposed trees from drying out, requiring that an irrigation system be installed. We recommend that the trees be planted at grade in a staggered row no more than ten feet on center. The trees should adapt and grow quicker when planted at grade, and the tighter spacing and staggered row will provide a thicker buffer area. We also recommend that the trees be located on the outside of the proposed fence. Conversely, the proposed berm in the southern portion of the property may be required to keep the root balls above grade, due to the wet conditions in the rear portion of the property. 2 FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Photographs, samples or other descriptions of the metal fence siding should be provided for review by the Board. Daniel K. Wery, AICP Senior Associate/Planning David S. Kvinge, AICP Ass ociate/Planning/Environmental cc: Albert P. Roberts, Es.q, Joseph E. Paggi, Jr., PE Zoning Administrator Applicant g:ldocs2l5 001wap9-064, dsk PAGGI, MARTIN & DEL BENE, LLP Consulting Engineers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 914-471-7898 914-471-0905 (FAX) April 21, 1999 Planning Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Reference: Piqwon, Inc. Dear Board Members: RECEIVED APP 2 6 1999 PLANNING & ZONING ��1 ink APR 2 ti 1999 aONINYG f�DNIINIS'��ATOfi 0 PiIQ� e rd I am in receipt of the above referenced Amended Site Plan dated March 24", 1999, and advise the following: 1. As this is a change of use, I would recommend that the Applicant obtain Dutchess County Health Department approval for the sewage disposal system and water supply system. 2. We would recommend that the equipment storage area be specifically delineated on the plan in order for the Planning Board to make a determination of magnitude of use, 3. All the areas that are not designated as equipment storage should be labeled as areas not to be disturbed, and if they are disturbed now, they should be stabilized and/or reclaimed in some specified manner, 4. Unless the proposed location of the future pole barn is for information purposes only, the use and any other engineering impacts associated with the building will need to be studied. If it is just for future reference for the Planning Board, then it may remain as is. 5. There appears to be a number of encroachments on this property and adjoining properties, including buildings and fences. It is recommended that this be straightened out at this point in time. 6. The Planning Board should look at the proposed location of the fence, with and without the berm, and determine if it is acceptable as to construction and location. If there are any further questions or comments, please do not hesitate to contact this office. Ve Jtruly yours, �. `-oseph E. Paggi, , . . JEP:Iaw cc: Daniel Wery, AICP Albert P. Roberts, Esq. Jack Railing, P.E. Joseph E. Pali, Jr., RE. Ernst Martin, Jr., P.E., L.8, Charlos R, Del Bene, Jr., P.I.. KEANE & BEANE, P.C. ONE NORTH BROADWAY WHITE PLAINS, NEW YORK 1060{ (914) 946,4777 TELEFAX (914) 946-6868 March 18, 1999 Jack Railing, P.E. Railing and Associates 1369 Route 9 Wappingers Falls, NY 12590-4453 Re: PIQWON, Inc. Dear Jack: Pursuant to a telephone conversation I had today with Al Roberts, Esq., we have been directed to proceed with our application for PIQWON, Inc. as follows: 1. Submit application for a special use permit and attach copy of proposed site plan to the Town Board; 2. The Town Board shall then refer the site plan to the Planning Board for review; 3. The Town Board will then consider the application for special use permit and if granted, the Planning Board then considers -and grants final site plan approval. Please let me know if you have any questions regarding the procedures outlined above. Thank you for your consideration. RLO/mq cc: Mr. Peter Elder PIQWON, Inc. .228 Meyers Corner Road Wappingers Falls, New York 12590 The Town Board G C The Town of Wappinger; Town Attorney, The Town of Wappinger 2213/01/106469 V1 3/18/99 73 4Gel Very y yours, ,, y Rid d L. O'Rourke RECEIVED 11AR Z 2 1999 E�►NE SNS 'rowN C... EN K.EANE 8 BEANE, P.C. ONE NORTH BROADWAY WHITE PLAINS, NEW YORK 10601 (9 14) 946-4777 TELEFAX (914) 946.6868 March 16, 1999 Honorable Constance Smith Supervisor Town of Wappinger 20 Middle Bush Road P.O. Box 324 Wappingers Falls, NY 12590 Re; PIOWON Corn.. Myers Corners Road Dear Ms. Smith: Town Attorney Albert P. Roberts, Esq. requested that I write to you in regard to the application of PIQWON Corp. with respect to its property located on Myers Corners Road in the Town of Wappinger. This morning I was informed by Jack Railing, P.E., engineering consultant on this application, that the application for special use permit pursuant to §400.5.6 of the Zoning Law is near completion. It was necessary to resurvey the location of structures on the property so as to permit a comprehensive submittal as part of the application. Accordingly, I am advised that the application is anticipated to be filed by the end of this month (March 1999). Such filing will enable. this matter to be placed on the Planning Board Agenda of the second meeting in April. Should you or any other members of the Board have further questions regarding this application, please do not hesitate to contact me. Many thanks for your continued cooperation. Very truly yours, Richard L. O'Rourke RLO/mq cc: Albert P. Roberts, Esq. Vergilis, Stenger, Roberts and Pergament 1611 Route 9 Wappingers Falls, New York 12590 3213101/106272 V L 3116199 Honorable Constance Smith March 16, 1999 Page 2 Mr. Peter Elder PIQWON Corp. 228 Myers Corner Road Wappingers Falls, NY 12590 Jack Railing, P.E. 1369 Route 9 Wappingers Falls, NY 12590-4453