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ZBA OKs multiple variances for Pine Island property after site-plan review
Summary
The Zoning Board granted multiple area variances for a Pine Island property at 642 County Route 1, finding many bulk-table nonconformities were preexisting and that the proposed reconfiguration of pumps and canopy would keep improvements within the property line; the applicant was told to comply with site-plan conditions and EAF requirements.
The Town of Warwick Zoning Board of Appeals on Jan. 23 approved multiple area variances for Bradley Cleaverley and Pine Island Holdings LLC for a property at 642 County Route 1 in Pine Island, addressing lot-area, lot-width, lot-depth, setback and lot-coverage issues.
Staff noted the application had come before the planning board and that the Orange County planning department previously reviewed the project and issued a local determination. Much of the applicant's nonconformity was described as preexisting: the record lists a proposed lot area of 0.281 acres where the code requires a minimum of 2 acres, lot width and depth below the code minimums, and a proposed lot coverage substantially exceeding the 35% maximum. The applicant proposed to reorient existing pumps, remove a corner of the building to make room for pump reconfiguration and to align the canopy so it remains within property lines.
During review staff walked the board through several EAF items: potential archaeological sensitivity along County Route 6, stormwater discharge and conveyance, location of underground fuel storage relative to property lines (35-foot rule), and driveway/curb opening widths. Board members examined the site plans and measured scale to determine whether the existing tanks and curb cuts were preexisting and whether new variances were required. Staff indicated the tanks were existing and therefore preexisting nonconformities; no new underground storage was proposed.
After discussing the five statutory criteria and confirming that several nonconformities were preexisting, a board member moved to grant the variances as amended. The motion passed; staff said the determination would be issued by the planning department in about a week.
"These are preexisting nonconforming," staff said during the hearing, describing how several bulk-table items predated the current application. "Then we don't have to worry about it because it's preexisting nonconforming even if it's either conforming or it's not, but it's preexisting and we're not putting in new [tanks]."
