No good deed goes unpunished

The Town of Wappingers Zoning Board of Appeals is able to handle straightforward area variances - a set-back variance for a shed/deck etc. fairly well. Where they really loose the plot is when more complicated requests come before them... and they seem to forget that they are a CITIZEN'S BOARD -- being asked to pass JUDGMENT on what is good for the community and what makes common sense -- because the Zoning Code can't cover every circumstance. The decisions made by the professionals - who follow the letter, the comma, of the law - can sometimes lead to unforeseen difficulties. We need a board, representing the citizens (in theory we do, probably not a demographic representation), to step back and ask "what makes sense here and how do we make this right for the applicant, the neighbors, the community?" While it makes sense to get the views of the Director of Strategic Planning and Municipal Codes or the ZBA Attorney -- if it was only up to them... then we wouldn't need a board of 5 people who are asked to vote on decisions. We could just program an app and get it done faster. We want the board members human experience and their judgment -- not to just follow along. (It would also help if they actively pursued training and had an understanding of what other municipalities are doing).

The September 23rd ZBA meeting was a case in point.

A Public Hearing - an application on Apple Blossom Lane, on less than an acre, wants to construct a 30' x 12' deck, which requires a set-back variance of 19.9 feet. It was approved by the board. Simple.

Discussion -

Hudson Valley Volkswagen - at 1148 Route 9 ... After presenting their plan to the Planning Board - which referred them to the Zoning Board for two items... the ZBA pointed them back to the Planning Board to get a letter from the Planning Board. Not exactly sure how that is going to help things.. but whatever. HV Volkswagen, as apparently other car dealers, are having space problems with their inventory ... aka Parking lots of Cars. The plan before the Planning Board is an expansion for the parking area. To do that ... they would require a variances from the ZBA on the requirement to have 25% of the property landscaped with open space -- to be reduced to 23% of the property be open space (a member asked how many square feet that would be, because percentages make is sound like it isn't that much)... and a variance of the maximum impervious (aka blacktop) surface is 75% and they would like to have 77% impervious surface... which would be about 4,000 additional square feet of blacktop. So round and round we go...

Now for 33 Middlebush Road. This location was an eyesore on Middlebush Road for a VERY long time. Some brave soul took it on as a project (in the 2016,2017 time frame) , thinking that the existing building could be rehabilitated, as is wont to happen with any kind of remodeling/restoration project -- things happen. After getting a variety of variances, approvals etc. etc. -- they began the project - which then required removing the old structure and designing, building and landscaping a new structure -- adding to the original cost estimates. . The Special Use Permit originally granted was that the building/property was to be used for contractor storage. So if a plumber, electrician, general contractor need a place to store their stuff, their equipment etc. -- this would be a location that could be used. The new building and location is a beautiful example of what can be done -- and it is clearly an asset to the neighborhood and the town.

The owners of this project, becuase of financial reasons, would now like to sell the property. They have an interested buyer, who would like to use the property to store personal items like an RV, boat etc. (all inside the building... NOTHING outside). The potential buyer obviously would like assurances that he would be allowed to do that before purchasing the building. When appearing before the zoning board several months ago -- the zoning board basically told them that they weren't working hard enough to sell the property for the original use -- contractor storage - and go back and try again. The ZBA attorney spent a lot of time explaining that this change of use is a big deal.. not like an area variance... blah blah blah.

The Director of Strategic Planning is being VERY careful to ensure that the letter of the law is being followed, just like she is for the new Gas Station being built in Hughsonville (not -- where did that new retaining wall come from?) So -- after torturing the applicants into explaining that they are in default on construction loans (apparently providing evidence of this is required ... why?..) and that they have liens which must be satisfied (this is actually personal information which, by being made public, cannot help them in their sales negotiations) -- the added information that the potential buyer MAY ALSO rent out part of the space to contractors -- apparently has changed the equation (this is where COMMON SENSE should be applied). The Applicant reached out to the adjoing neighbors and asked them if they would be ok (news flash.. they all were) with having the building used for personal storage -- which again COMMON SENSE would suggest would have much less of a traffic/noise impact on the neighbors then contractors in and out several times a day. The Director of Strategic Planning wasn't sure if these notes would be considred "legal". So now -- the applicants have to prepare for a public hearing... and then, get this, the applicant wanted to be on the agenda earlier in September, but it had to be postponed because the ZBA attorney wasn't available that evening -- so after some lengthy discussion about ZBA schedules, attorney scheduled -- this topic has been postponed until November 12th. Because nothing says to a bank that they are getting their $$ soon... than a six week delay.

PS one of the ZBA members suggested that the potential buyer create a "DBA" business and consider his private vehicles as part of his business... great suggestion (not).

Seriously people -- take a step back and use your judgment -- this applicant took the risk and created an asset for the community .... and NOW there are road blocks and foot dragging. Time is Money and stress. What a wonderful case study in how to get business done in the Town of Wappinger. (And Remember the investor who improved the property on Old State Road and had to explain the change in site plans involving the removal of a tree with storm damage?)