1. ZB# 00-0 4
  2. Petro Metals, Inc
  3. 35-1-102. 1
      1. APPLICATION FEE (DUE AT TIME OF FILING'GF AMPLICATION)
  4. ^^ 4
      1. ATTORNEY'S FEES: $35.00 PER MEEETING
    1. •—r:— I $ ^^o. %'^
      1. NOW, THEREFORE, BE IT
      2. BE IT FURTHER
      3. Dated: April 24, 2000.
  5. TOWN OF NEW WINDSOR
      1. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
  6. G < I I ^
  7. I I % I S
      1. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
      2. TO ...^.^i^nces.Both DR.
      3. CSQd£L.
      4. February 28, 2000 14
      5. MR. TORLEY: Well, these are both one story buildings, correct?
      6. MR. SHAW: Correct.
      7. MR. SHAW: Correct, yes, mathematically you could.
      8. February 28, 2000 20
      9. MR. TORLEY NO
  8. RECEIPT #77-2000
      1. Patricia A. Bamhart
      2. Sworn to before me this
      3. day of , 19
      4. Notary Public
      5. SHORT ENVIRONMENTAL ASSESSMENT FORM
      6. SEQR
      7. XI. ZBA Action:
      8. (a) Public Hearing date:
      9. (b) Variance: Granted ( ) Denied (
      10. (c) Restrictions or conditions:
      11. (SBA DISK#7-080991.AP)
      12. Applicant: Petro Metals, Inc.
      13. PUBLIC NOTICE OF HEARING
      14. ZONING BOARD OF APPEALS
      15. TOWN OF NEW WINDSOR
      16. Appeal No. 0Q-Q4
      17. Request of Petro Metals Inc.
      18. for a VARIANCE of the Zoning Local Law to Permit:
      19. The construction of 2 buildings for office/retail use with
      20. insufficient parking. The re<|uested variance is for 14 parking
      21. spaces.
      22. being a VARIANCE of Section 48-12, Table of Bulk Regulations, column 0
      23. for property situated as follows:
      24. known and designated as tax map Section 35 ^ BIk.1 Lot IQ^*^
      25. James Nugent
      26. Chairman
    1. 30:i
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    1. ^' 1712
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  10. #I024
    1. 13.23'"'
  11. ^r ^
      1. ui[a5lS4PG 247
      2. '.'*f«5l54PG 248
      3. i»s[fi5lS4PG 250
  12. TOWN OF NEW WINDSOR
      1. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
      2. .,19.
      3. January 24, 2000 14
      4. PETRO METALS. INC.
      5. MR. NUGENT: You have no permanent tenants in line now?
      6. January 24, 2000 15
      7. MR. SHAW: No.
      8. MR. TORLEY: .And the structures have not yet been built?
      9. MR. SHAW: No. ^
      10. MR. NUGENT: It would be in half.
      11. MR. SHAW: Yeah, it would be in half.
      12. MR. SHAW: Correct.
      13. MR. NUGENT: He can make the bigger one smaller, too.
      14. MR. NUGENT: Is there any reason why the property to
      15. January 24, 2000 17
      16. MR. TORLEY: Person in the bathroom probably drove there.
      17. MR. NUGENT: Greg, do you need any signs?
      18. MR. TORLEY: Mr. Chairman, entertain a motion?
      19. MR. NUGENT: Yes, I will.
      20. MR. REIS: Second it.
      21. MR. SHAW: Thank you.
      22. MR, KRIEGER: This is a list of criteria or do you already have one?
      23. January 24, 2000 18
      24. MR. SHAW: I have it and I've it memorized.
  13. Town of New Windsor
  14. l\/l
    1. R-5 ZONE
    2. CZONE
  15. iL OR OFFICE guiiyfNe 4?. 1/
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    2. ROUTE 52 ASSOCIATES
  17. LBOEHD
  18. NOTES
      1. J-M^ -^0
  19. HINP50R
  20. HIGHWAY
  21. z:v_
  22. ZOH\Ha SCHEDULE
  23. r^^o

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WINDSOR ENTERPRISES, INC.
5020 ROUTE 9W
NEVVBURGH, NY 12550
1084
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KeyBank National Association
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NEW WINDSOR ZONING BOARD OF APPEALS
35-1-102.1
In the Matter of the Application of
MEMORANDUM OF
DECISION GRANTING
PETRO METALS, INC.
AREA VARIANCE
#00-04.
WHEREAS, PETRO METALS, INC.,
a corporation with a mailing address at P. O.
Box 928, Vails Gate, N. Y. 12584, have made application before the Zoning Board of Appeals for
a 14 space parking variance in order to construct two buildings on west side of Windsor Highway
in an C zone; and
WHEREAS,
a public hearing was held on the 28th day of February, 2000 before the
Zoning Board of Appeals at the Town Hall, New Windsor, New York; and
WHEREAS,
the Applicant was represented by Gregory Shaw, P. E.; and
WHEREAS,
there were no spectators appearing at the public hearing; and
WHEREAS,
no one spoke in favor or opposition to this Application; and
WHEREAS,
a decision was made by the Zoning Board of Appeals on the date of the
public hearing granting the application; and
WHEREAS,
the Zoning Board of Appeals of the Town of New Windsor sets forth the
following findings in this matter here memorialized in furtherance of its previously made decision
in this matter:
1. The notice of public hearing was duly sent to residents and businesses as prescribed by
law and in The Sentinel also as required by law.
2. The evidence presented by the Applicant showed that:
(a) The property is a commercial property located adjacent to other commercial
properties on a busy state highway.
(b) The Applicant proposes to develop the property in accordance with its zoning uses
but requests a parking variance in order to do so.
(c) The Applicant proposes to place two one-story office or retail buildings on the
premises. The proposal has been configured to permit the maximum parking which the site
affords if the two buildings are constructed.

(d) If the variance is approved, the Applicant is still subject to site plan approval by the
Planning Board before a building permit can be issued.
(f) The site would have provided sufficient parking under the Zoning Code which was
changed after the project was begotten.
WHEREAS,
The Zoning Board of Appeals of the Town of New Windsor makes the
following conclusions of law here memorialized in fiartherance of its previously made decision in
this matter:
1. The requested variance will not produce an undesirable change in the character of the
neighborhood or create a detriment to nearby properties.
2. There is no other feasible method available to the Applicant which can produce the
benefits sought.
3. The variance requested is substantial in relation to the Town regulations but
nevertheless is warranted for the reasons listed above.
4. The requested variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or zoning district.
5. The difficulty the Applicant faces in conforming to the bulk regulations is self-created
but nevertheless should be allowed.
6. The benefit to the Applicant, if the requested variance is granted, outweighs the
detriment to the health, safety and welfare of the neighborhood or community.
7. The requested variance as previously stated is reasonable in view of the size of the
buildings, their location, and their appearance in relation to other buildings in the neighborhood.
8. The interests of justice will be served by allowing the granting of the requested area
variance.
NOW, THEREFORE, BE IT
RESOLVED,
that the Zoning Board of Appeals of the Town of New Windsor GRANT a
request for a variance of 14 spaces to Applicant in order to construct two buildings on the west
side of Windsor Highway in a C zone.
BE IT FURTHER
RESOLVED,
that the Secretary of the Zoning Board of Appeals of the Town of New
Windsor transmit a copy of this decision to the Town Clerk, Town Planning Board and Applicant.

Dated: April 24, 2000.

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TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
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STATE OF NEW YORK,
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charged therein have in fact been made and rendered, and that no part thereof has been paid or satisfied, that die
amount herein mentioned is in full settlement for all services rendered and materials furnished.
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TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
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STATE OF NEW YORK,
TOWN OF NEW WINDSOR
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February 28, 2000
13
PETRO METALS. INC.
MR. ..TORLEY: Refeered by Planning Board for parking
variance of 14 spaces to construct office building on
west side of Windsor Highway in a C zone.
Mr. Gregory Shaw of Shaw Engineering appeared before
the board for this proposal.
MR. TORLEY: Before you go on, is there anyone in the
audience who'd like to comment on this application?
Let the record show there's no one. You sent out how
many?
MR. BARNHART: Well, let me see, how many did we send
out?
MR. SHAW: A lot,
MS. BARNHART: I know exactly how many, 2 8 and we did
that on the 9th of February.
MR. SHAW: Thank you. Good evening, tonight I'm
presenting Petro Metals and North Plank Development
Corporation on a 2 acre parcel on Windsor Highway to
give the board a focus a little bit, it's immediately
north of the Ponderossa Restaurant and across the
street from Mansfields Paint. Presently, it's an
undeveloped piece of land, just vegetative growth on
it. We're in a C zone, designed shopping and we're
proposing to construct two buildings that will be used
for either retail and/or office. First building which
is closest to Windsor Highway will be 12,000 square
feet. And the second building most removed from
Windsor Highway will be 4,975 square feet. We comply
with all aspects of the zoning with the exception of
the number of parking spaces that are required.
According to your zoning ordinance both for retail and
for office, you're requiring one space for 150 square
feet of total space and I use the word total because
this is a change from the previous zoning ordinance
before the board implemented the new regulations maybe
about four, four months ago. As you'll notice with the
site, we have provided a total of 100 parking spaces
and we're requesting a variance for 14 spaces. There

February 28, 2000
14
will be one access point out onto Windsor Highway
located in a southerly portion of the project, the two
buildings will be separated by a grass area to the rear
of building number one and also will be another nice
grass area immediately north of the second building
most removed from Windsor Highway. That's a quick
overview, Mr. Chairman. I will be more than happy to
entertain any specific questions you may have as we go
through the application.
MR. TORLEY: Well, these are both one story buildings,
correct?
MR. SHAW: Correct.
MR. TORLEY: Now, if you could achieve the same floor
space and meet all the zoning codes, if you had one two
story building, couldn't you?
MR. SHAW: Correct, yes, mathematically you could.
MR. TORLEY: Now, and the Town board says you pointed
out very recently decided to change the code, very
recant decision of the Town Board. You have a piece of
property that's not yet developed at all and I'm
personally saying I'm reluctant to grant a variance for
a brand new code on an empty piece of property. Tell
me why this should get a variance as opposed to just
either make it two story or changing at arrangement.
MR. SHAW: Well, as I said before, you're correct when
you say mathematically if you made a two story
building, you could fit all the parking on the site.
You have to take a look at market conditions, all
right, I don't know, in fact I shouldn't say that from
what I'm told from people in the real estate business
if you're looking to do two stories of retail, you may
build it, you're not going to rent it out, they want
ground floor access on the building, has to be a
certain dimension. We have a building depth of 80
feet. Again, the people that I deal with in real
estate, it's 80 feet, the number, it's not 125, it's
not 60, so because this is not going to be owned and
used by my client and it's going to be rented out, you
basically have to rent it out to what the market

February 28, 2000
15
demands are, okay, therefore, one story, not two story.
In fact, in the Town of New Windsor,'! can't think of
any two story retail building but you're more
experienced than I am.
MR. TORLEY: You mentioned it's going to be for office
space, there's plenty of two story office buildings.
MR. SHAW: Correct, but my client wants the flexibility
of either doing office or retail, maybe a combination
of the both. Dependent upon what's out there with
respect to renting of the real estate.
MR. TORLEY: How much of a reduction in total area
would be required to make this so that the hundred
spaces you have would meet the code?
MR. SHAW: Well, it would be 14 spaces times 150 square
feet, 2,000 square feet, 2,200 square feet, something
of that nature.
MR. TORLEY: Gentlemen?
MR. KANE: What about the grassy area next to the back
building?
MR. SHAW: Over here?
MR. KANE: Is this a contour of that slope going down
on the property?
MR. SHAW: Not really. We looked at it, you cannot
double load an island here. If you take a look at the
width, certainly bring it over here, wouldn't fit, we
looked at bringing that aisle and single loading it,
but now you have a 25 foot aisle, you have another 4 0
feet of parking, that's 45 feet, you're going to lose
four to five spaces in the front, just to access it, so
now if you're looking to make up 14 and you're going to
take away 4 for openers, it just doesn't work, it
doesn't fit.
MR. MC DONALD: On the slope on the contour between the
two buildings in the back and where does that flow to?

February 28, 2000
16
MR. SHAW: Where does what flow to?
MR. MC DONALD: The water, is that going up or going
down, I can't see how you're—
MR; -SHAW: Everything flows in this direction. What
will happen, we have, everything will flow to this curb
^line, we're picking up the storm drainage, bringing it
here, flows in this direction and we're taking the
storm drainage and breaking it into two directions, one
there's an existing culvert which we're going to be
connecting to and across 32, the other half of the site
is going to flow through this new riprap swale into the
State's drainage system and it crosses 32 down in this
fashion by Washington Drive, which is the entrance to
Washington Green.
MR. TORLEY: Looks like the contour, that almost all of
the drainage goes off on to the north side.
MR. SHAW: Here?
MR. TORLEY: Yeah and then down to 32.
MR. SHAW: Okay, you're correct, but that's drainage
that may be flowing on our site and what we don't want
to do is take water that's flowing from off-site onto
our site, have it affect our building so we're just
kicking it in this fashion, so the only thing flowing
in this direction is this much of our site and whatever
may be flowing onto the site.
MR. TORLEY: Just immediately up on the map from your
larger building, that's why it's going to be draining
to the right.
MR. SHAW: That's just collecting 20 feet of grass from
this curb line in the rear of the building. Again, we
don't want water flowing towards the building so you
have to back slope it away. But this is cut up just 2 0
to 24 feet of grass area that's flowing in this
fashion, it's not taking any of the parking lot, not
taking the building, not taking this drive or anything
that's in the front.

February 28, 2000
17
MR. TORLEY: Where is the parking lot draining?
MR. SHAW: It drains in this fashion up against this
curb line which has catch basins in it and piping and
it will be collected by an on-site drainage system and
brought towards Windsor Highway, but it will be carried
across Windsor Highway in two locations. We're not
draining water on the adjacent people's property.
MR. MC DONALD: We have had, you know, considerable
amount of problems with water drainage in that
particular area, the lower part toward Willow Lane, are
we going to be putting more water down there that the
Town spent a lot of money trying to clear that problem
up, now we're going to run some more?
MR. SHAW: That's something that when he met with the
planning board engineer he said we'd have to sit down,
take a close look. For that exact reason, when I go
back to the planning board and we talk about drainage,
we talk about the State system, cause that's where
we're going to be discharging to, knowing that the
State drains towards Willow Lane, we'll have to pick
that up with the planning board. Yes, I was made aware
that drainage was an issue. We may have to put
underground detention, large diameter pipes to store
the water and let it bleed out slowly. That's
something that's going to have to be addressed with the
engineer and DOT.
MR. KANE: How long has this been in the planning?
MR. SHAW: How long has this been in the planning
stages for? I would say, probably say October, October
of '99, that's when Mr. Petro came into my office,
MR. KANE: Would this have met code before the changes?
MR. SHAW: Yes, yes, what happened was and Mike can
correct me, the changes were twofold. One, the word
total was put in where before there was a deduction for
storage for utility rooms and two is that I believe for
office it was one per 2 00 square feet. Mike?
MR. BABCOCK: That's correct.

February 28, 2000
18
MR. SHAW: Now it's one for 150 so office is the same
as retail. So it was a double hit and with respect to
office, you were bumping it up and the word total got
inserted, so it was a substantial increase.
MR. TORLEY: But you can't say that this is, you know,
you haven't already started to build your buildings and
this is the change, there's nothing there at all.
MR. SHAW: No, I cannot say, the only thing I can state
to this board and it was inserted into the application
in the narrative was the economics of this Windsor
Highway is a prime commercial area, when you buy
property on Windsor Highway, you're paying top dollar
for it. And in order to build something nice on this
site, you don't want to put up just a simple box. The
last project that Petro Metals did. North Plank
Development did was the new office building across from
the Lexus Diner, in my opinion, very attractive in the
Town of Newburgh. So, if you take the cost of the site
and the take the cost of those type buildings, you
realize that in order for you to come out financially,
they need a certain amount of square footage you have
to rent. I mean, if the growing markets $15 a square
foot, you can't turn around and have a smaller building
and just charge $20 a square foot. That doesn't work.
You have to take what the market buys and you're back
into the size of the building and they basically felt
that on this site, it could support that number, that
amount of square footage of building and sufficient
parking, just efficient with respect to zoning, it's
purely economics, it's a vacant piece of land and
there's no pre-existing hardship that goes with it.
MR. TORLEY: Any questions?
MR. REIS: I think under the circumstances, he's not
impacting the neighboring properties either north or
south or behind the building. I just had a question,
Greg, around the perimeter of the lot, where does the
grass area start and stop and the blacktop pick up? I
can't detect that from here.
MR. SHAW: About 4 feet off our property line is the

February 28, 2000
19
edge of macadam pavement for Ponderossa. It continues,
continues, continues and at this point, it terminates,
so the parking lot of Ponderossa is almost immediately
against our property line and it terminates maybe 80
feet from the rear of our property. With respect to
here, it's undeveloped, and it's just natural
vegetation and back here is the gravel drive for
Washington Green. You touched on a good point before
when you mentioned the adjacent properties. Now, as
far as impacts go, I think if you were to take a look
at the number of spaces that we're providing for either
retail or office per thousand square feet, it's
substantial excess of what exists across the street and
immediately to the south of us. So for sure there will
not be an impact with respect to granting of the
variance for the parking spaces.
MR. REIS: Egress ingress one area basically?
MR. SHAW: Yes, there's one access point, first of all,
I think, I don't think the DOT would allow two and
secondly, the grade is too steep and there's some rock
outcrop.
MR. TORLEY: Mike, that building is on the border of C
and R-5 zone, are there any additional restraints on
them because it borders an R-5 zone?
MR. BABCOCK: No.
MR. REIS: Accept a motion?
MR, TORLEY: Yes.
MR. REIS: I make a motion that we accept the requested
variances for Petro Metals at the Windsor Highway C
zone.
MR. KANE: Second it.
ROLL CALL
MR. MCDONALD
AYE
MR. REIS
AYE
MR. KANE
AYE

February 28, 2000
20
MR. TORLEY
NO

Town of New Windsor
555 Union Avenue
New Windsor. NY 12553
(914)563-4611

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RECEIPT
#77-2000
02iD9/2000
UA.>JVV<::^VXM^-^—
^^^^-^>OKiI>A..^VVNJ;iQ_jC-^
Received
%
150.00 for Zoning Board Fees, on 02/09/2000. Thank you for stopping by the Town
Cleric's office.
As always, i is our pleasure to serve you.
Dorothy H.Hansen
Tovyn ClerK

OFFICE OF THE PLANNING BOARD - TOWN OF NEW WINDSOR
ORANGE COUNTY, NY
NOTICE OF DISAPPROVAL OF SITE PLAN OR SUBDIVISION APPLICATION
PLANNING BOARD FILE NUMBER:
J'P'S^
DATE:
^ JA\} 66
APPLICANT:
PETAOMeTAtS
MC
P-a SOX 92^
PLEASE TAKE NOTICE THAT YOUR APPLICATION DATED
^^
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FOR (-GUDDIVI3I0N - SITE PLAN)
LOCATED AT
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cv/m^o/t /rid'i
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DESCRIPTION OF EXISTING SITE: SEC: -^-TBLOCK: / LOT:
lO'Z^J
IS DISAPPROVED ON THE FOLLOWING GROUNDS:
M/1^//Vii Z/>;Ct l/?hZ^4^Le
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1
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MICHA^/BABCOCK,
BUILDING INSPECTOR
**** *
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REgUIREMENTS
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USE
MIN. LOT AREA
MIN. LOT WIDTH
REQ'D FRONT YD
REQ'D SIDE YD.
REQ'D TOTAL SIDE YD.
REQ'D REAR YD.
REQ'D FRONTAGE
MAX. BLDG. HT.
117^7/VLL
FLOOR AREA RATIO
MIN. LIVABLE AREA
DEV. COVERAGE
0/S PARKING SPACES
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PROPOSED OR
AVAILABLE
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APPLICA^IT IS TO PLEASE CONTACT THE ZONING BOARD SECRETARY AT:
(914-563-4630) TO MAKE
]^J^
APPOINTMENT WITH THE ZONING BOARD
OF APPEALS.
CC: Z.B.A
APPLICAIIT, F.B. ENGINEER, P.B. FILE

ZONING BOARD OF APPEALS : TOWN OF NEW WINDSOR
COUNTY OF ORANGE : STATE OF NEW YORK
-J
.
_
; :
-_i
In the Matter of the Application for Variance of
#Ml£>^.
t
Applicant
AFFIDAVIT OF
SERVICE BY
MAIL
STATE OF NEW YORK)
) SS.:
COUNTY OF ORANGE)
PATRICIA A. BARNHART, being duly sworn, deposes and says:
That I am not a party to the action, am over 18 years of age and reside at 7 Franklin
Avenue, Windsor, N. Y. 12553.
That on
^l^lM)
, I compared the^^ addressed envelopes containing
the Public Hearing/Ncitice pertinent to this case with the certified list provided by the
Assessor regarding the above application for a variance and I find that the addresses are
identical to the list received. I then mailed the envelopes in a U.S. Depository within the
Town of New Windsor.
Patricia A. Bamhart
Sworn to before me this
day of
, 19
Notary Public

14-16-4 (2re7)-Text 12
PROJECT I.D. NUMBER
617JJ1
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
SEQR
PART I—PROJECT INFORIVIATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR
Petro Metals Inc..
2. PHOJECTNAME j^gw Office building for
Petro Metails Inc.
3. PROJECT LOCATION:
Municipality Town of New Wlhdsor
County Orancre
4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc.. or provide map)
A vacant parcal located on the west side of Windsor Highway being
Tax Map Section 35, Block 1, Lot 102.1 . .
6. IS PROPOSED ACTION:
B New
O Expansion
IZI Modiflcation/alterallon
6. DESCRIBE PROJECT BRIEFLY:
Construction of 2 office/retail buildings totaling 16,975 S.F
7. AMOUNT OF LAND AFFECTED:
Initially
2. 0
acres
Ultimately
2. 0
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
(2 Yes
DNO
I; No, descrit>e briefly
9. WHAT IS PRESENT UND USE IN VICINITY OF PROJECT?
Residential
D Industrial
XXCommercial
Describe:
LJ Agriculture
LJ Parfc/Forest/Open space
LJ Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
EYes
D No
If yes, list agencyCs) and permit/approvals -
NYSDOT-Highway Work Permit
New Windsor Planning Board-Site Plan Approval
11.
DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
D Yes
O^No
If yes, list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
Dves
DNO
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name:
J>^ro Metals Inc.
o^te: 1 /7fi/2non
signature:
If the action is In the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form t>efore proceeding with this assessment
OVER
1

PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCBR. PART 617.12?
If yes. coordinate the review process and use the FULL CAF.
Dves
SNO
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617X?
If No. a neoative declaration
may be superseded by another involved asency.
Dves
QNO
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOaOWING: (Answers may be handwritten, if legible)
CI. Existing air quality, surface or groundwater quality or quantity, noise levels, cxlstlno traffic gwtterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
No
'
,
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or nelghbortiood character? Explain briefly:
No
'^
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or cndaTtgered species? Explain briefly:
No
* '
C4. A community's existing plans or goals as officially adopted, or a cfiange In use or intensity of use of land or other natural resources? Explain briefly
No
05. Growth, subsequent development, or related acthdttes Hkely to be Induced by the proposed action? Explain briefly.
No
C6. Long term, short term, cumulative, or other affects not identified In C1-C5? Explain briefly.
No
C7. Other Impacts (including changes In use of cither quantity or type of energy)? Explain briefly.
No
D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
Dves
E]NO
If Yes, explain briefly
PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant.
Each effect should be assessed in coi\nection with Its (a) setting (i.e. urban or ruraO: (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope; anrj (f) magnitude. If r>ecessary, add attachments or reference supporting materials. Ensure that
explEnations contain sufficient detail to shov/ that all relevant adverse impacts have been identified and adequately addressed.
D Check this box if you have Identified one or more potentially large or significant adverse Impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
D Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result In any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
Tovn of New Windsor Zoning Board of Appeals
Name of Lead Agency
[
'
James Nugent
Pfint or Type Name of Responsible Officer in lead Agency
Signature of Responsible Officer in Lead A(eocy
Date

TOWN OF NEW WINDSOR
ZONING BOARD OF APPEALS
APPLICATION FOR VARIANCE
I. ^Applicant Information:
(a) Petro Metals Inc. ,P.O. Box 928,Vails Gate, NY 12584
(Name, address and phone of Applicant)
(Owner)
(b)
(Name, address and phone of purchaser or lessee)
(c)
(Name, address and phone of attorney)
(d) Gregory J. Shaw, P.E., 744 Broadvay, Nevburgh,NYl2550, 561-3695
(Name, address and phone of contractor/engineer/architect)
II. Application type:
( ) Use Variance
( ) Sign Variance
(y< ) Area Variance
( ) Interpretation
III./ Property Information:
(a) C
Windsor Highway
35-1-102.1 2.0Ac
(Zone) (Address)
(S B L) (Lot size)
(b) What other zones lie within 500 ft.? None
(c) Is a pending sale or lease siibject to ZBA approval of this
application?
^
.
(d) When was property purchased by present owner? 1999 .
(e) Has property been subdivided previously? Yes
.
(f) Has property been subject of variance previously? No .
If so, when?
.
(g) Has an Order to Remedy Violation been issued against the
property by the Building/Zoning Inspector? No
.
(h) Is there any outside storage at the property now or is any
proposed? Describe in detail: No
IV. Use Variance./^(^
(a) Use Variance requested from New Windsor Zoning Local Law,
Section
, Table of
Regs., Col.
to allow:
(Describe proposal)

(b) The legal standard for a "use" variance is unnecessary
hardship. Describe why you feel unnecessary hardship will result
unless the use variance is granted. Also set forth any efforts you
have made to alleviate the hardship other than this application.
(c) Applicant must fill out and file a Short Environmental
Assessment Form (SEQR) with this application.
(d) The property in question is located in or within 500 ft. of a
County Agricultural District: Yes
No X .
If the answer is Yes, an agricultural data statement must be submitted
along with the application as well as the names of all property owners
within the Agricultural District referred to. You may request this
list from the Assessor's Office.
vV. Area variance:
(a) Area variance requested from New Windsor Zoning Local Law,
Section 48-12 , Table of Use/Bulk
Regs., Col. 0
.
Proposed or
Variance
Requirements
Available
Request
Min. Lot Area
Min. Lot Width
Reqd. Front Yd.
Reqd. Side Yd.
Reqd. Rear Yd._
Reqd. Street
Frontage* __
Max. Bldg. Hgt.
Min. Floor Area*
Dev. Coverage*
Floor Area Ratio**
Parking Area 114 spaces
100 spaces
14 spaces
* Residential Districts only
** No-residential districts only
b) In making its determination, the ZBA shall take into
consideration, among other aspects, the benefit to the applicant if
the variance is granted as weighed against the detriment to the
health, safety and welfare of the neighborhood or community by such
grant. Also, whether an undesirable change will be produced in the
character of the neighborhood or a detriment to nearby properties will
be created by the granting of the area variance; (2) whether the
benefit sought by the applicant can be achieved by some other method
feasible for the applicant to pursue other than an area variance; (3)

whether the requested area variance is substantial; (4) whether the
proposed variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district;
and (5) whether the alleged difficulty was self-created.
Describe why you believe the ZBA.should grant your application for an
area variance:
See Attached Site Plan
(You may attach additional paperwork if more space is needed)
VI. Sign Variance:' N/A
(a) Variance requested from New Windsor Zoning Local Law,
Section
,
Regs.
Proposed or Variance
Requirements Available
Request
Sign 1
Sign .
Sign 3
Sign
(b) Describe in detail the sign(s) for which you seek a
variance, and set forth your reasons for requiring extra or over size
signs.
(c) What is total area in square feet of all signs on premises
including signs on windows, face of building, and free-standing signs?
VII. Interpretation.
(a) Interpretation requested of New Windsor Zoning Local Law,
• Section
, Table of
Regs.,
Col.
.
(b) Describe in detail the proposal before the Board:
\/
VIII. Additional comments:
(a) Describe any conditions or safeguards you offer to ensure
that the quality of the zone and neighboring zones is maintained or

upgraded and that the intent and spirit of the New Windsor Zoning is
fostered. (Trees, landscaping, curbs, lighting, paving, fencing,
screening, sign limitations, utilities, drainage.)
SPP Attarhpri Site Plan
\/lX. Attachments required:
X Copy of referral from Bldg./Zoning Insp. or Planning Bd.
X Copy of tax map showing adjacent properties,
Copy of contract of sale, lease or franchise agreement.
X Copy of deed and title policy,
X Copy(ies) of site plan or survey showing the size and
location of the lot, the location of all buildings,
facilities, utilities, access drives, parking areas,
trees, landscaping, fencing, screening, signs, curbs,
paving and streets within 200 ft. of the lot in question.
N/A Copy(ies) of sign(s) with dimensions and location.
X Two (2) checks, one in the amount of $
/SVfCV
and the second
check in the amount of
%^0^.(n> ,
each payable to the TOWN
OF NEW WINDSOR.
X Photographs of existing premises from several angles.
X. Affidavit.
Date: January 26,2000
STATE OF NEW YORK)
) SS.:
COUNTY OF ORANGE )
The undersigned applicant, being duly sworn, deposes and states
that the information, statements and representations contained in this
application are true and accurate to the best of his/her knowledge or
to the best of his/or information and belief. The applicant further
understands and agrees that the Zoning Board of Appeals may take
action to rescind any variance granted if the conditions or situation
presented herein are materially changed.
(Applicant)
y^^
Sworn to before me this
.\k^
i
DEBORAH GREEN
''"^£)AJb<^c^i-Vw^^—ViU.
X\D
Commission Expires July 1
Qualified in Orange County
# 4984065
Commission Expires July 15/
XI.
ZBA Action:
(a)
Public Hearing date:

(b) Variance: Granted ( ) Denied (
(c) Restrictions or conditions:
NOTE: A FORMAL DECISION WILL FOLLOW UPON RECEIPT OF THE PUBLIC
HEARING MINUTES WHICH WILL BE ADOPTED BY RESOLUTION OF ZONING BOARD OF
T^PEALS AT A LATER DATE.
(SBA DISK#7-080991.AP)

Applicant: Petro Metals, Inc.
The subject parcel is 2.0 acres in size, and Is located on the west side of Windsor
Highway within the Design Shopping (C) Zoning District. Windsor Highway is a NYS
Highway, and is the main commercial corridor of the Town of New Windsor.
The Applicant proposes to construct two buildings for retail and/or office use totaling
16,975 S.F. Both retail and office use are permitted uses within the Design Shopping
Zone. A 12,000 S.F. building will be constructed nearest to Windsor Highway and a
4,975 S.F. building will be constructed at the rear of the site. Associated site
improvements will be constructed including two parking areas totaling 100 spaces.
The New Windsor Zoning Ordinance was recently amended to substantially increase
the number of off-street parking spaces required for both office and retail use. For the
total building area of 16,975 S.F, the Zoning Ordinance requires 114 parking spaces.
As the site can only support 100 parking spaces, the Applicant is seeking an Area
Variance for 14 spaces.
An argument could be made that the shortfall of the parking spaces is the result of a
self-created hardship on the part of the Applicant, and that if the buildings were made
smaller the parking variance would not be required. This might be true if economics
was not a major prime factor in the development of commercial property. As presented
above, Windsor Highway is the main commercial corridor In New Windsor, with the cost
of vacant land at a premium. Also, monies have to be invested In the architecture and
construction of the building to make them attractive to prospective tenants. The result Is
a substantial investment in the project. A simple answer would be to increase rents to
cover the cost of the building and site improvements, but unfortunately, rental Income is
dictated by the local rental market.
The key to balancing the cost of an attractive project in a commercial corridor and
renting the space at market value is spreading the cost of the project over a greater
rental area. This is the justification for the total building area and the shortfall in the
number of parking spaces.
The granting of the subject Variance is not substantial when considering the size and
configuration of the parcel. The granting of the Variance is not detrimental to the health,
safety, or welfare of the neighborhood since the property is located in the Design
Shopping Zone, and is a permitted use. The granting of the Variance will not have an
adverse effect or impact on the physical or environmental conditions in the
neighborhood or zoning district. The granting of the Variance will not produce an
undesirable change in the neighborhood or be a detriment to adjoining properties
There is no other method that the Applicant can feasibly pursue other than the
Variances sought in this Application. In view of all the facts and circumstances
presented to this Board, the Applicant respectfully requests that the Variance sought be
granted.

PUBLIC NOTICE OF HEARING
ZONING BOARD OF APPEALS
TOWN OF NEW WINDSOR
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the TOWN OF
NEW WINDSOR, New York, will hold a Public Hearing pursuant to Section 48-34A of the
Zoning Local Law on the following Proposition:
Appeal No. 0Q-Q4
Request of
Petro Metals Inc.
for a VARIANCE of the Zoning Local Law to Permit:
The construction of 2 buildings for office/retail use with
insufficient parking. The re<|uested variance is for 14 parking
spaces.
being a VARIANCE of Section 48-12, Table of Bulk Regulations, column 0
for property situated as follows:
A vacant parcel of land on west side of Windsor Highway
immediately north of Ponderosa Restaurant.
known and designated as tax map Section 35
^ BIk.1
Lot IQ^*^
PUBLIC HEARING will take place on the 28
day of February
20)0
at the
New Windsor Town Hall, 555 Union Avenue, New Windsor, New York beginning at 7:30
o'clock P»M:
James Nugent
Chairman

rsetj
wo
30:i
• I
lA
2.IA
^"-^^ 6.IA{C)
^
1.2
43.3A(C)
of Ne
w York

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01/28/00 08:31 FAX 5826788
DUGGAN CROrrV DUNN
"f^V?
01002
ORANGE COUNTY CLERK'S OFriCE RECORDING PAGE
THIS
PAGE IS PART
OF THE INSTRUMENT - DO NOT REMOVE
TYPE NAME(S) OF PAnT7(S) TO DOCUMENI; BLACK INK
PETRO METALS, INC.
•TO
PETRO METALS, INC. and
NORTH PLANK DEVELOPMENT COMPANY,
L.L.C.
SECTION
IS
BLOCK.
/
LOT >^- ^
RECORD AND RETURN TO:
{Nam« an<f Addisss)
HERE IS NU FEE FUn THE nECURUING OF lillS PACE
AnACII THIS SHEET TO THE FIHST PAGE Of EACH
riEcunuEU iNsmuMEfir ONLY
DUGGAN, CROTTY & DUNN, P.C.
563 Temple Hill Road
New Windsor, NY 12553
DO NOT WRITE BELOW THIS LINE
31RUMENTTYPE: DEEP
LX^ MORTCiAQE
SAUSFACTION
ASSIGNMENT
OTHER
PnOPCnTY LOCATION
_ 2089 BLOOMJNQ QROVE (1N)
_ 2001
WASHING!ONVILLE (VLG)
_ 22B9 CHESTER (TN)
_ 220t
CHESTER (VLG) -
_ 24B9 CORNWALL (TN)
_ 2401
CORNWALL CVLG)
_ 2600 CRAWFORD
(\H)
__
2B00 DEERPAHK
{^H)
_ 3009 GOSHEN flN)
_ 3001
GOSHEN (VLG)
_ 3003
FLORIDA (VLG)
_ 300S
CHESTER (VLG)
_ 3200 GREENVILLE fIN)
_ 3489 HAMPTONBURGH (TN)
_ 3401
MAYBROOK (VLG)
_ 3689 HIGHLANDS ON)
_ 3G0I
HIGIIlJ^NU FALLS (VLG)
_ 3889 MINISINKfTN)
. 3001
UNIONVILLE (VLG)
_ 4069 MONROE fTN)
, 4001
MONROE (VLG)
. 4003
HARRIMAN (VLG)
. 40;)5
KIRYAS JOEL (VLG)
•v:
4289
4201
4203
4205
4489
4401
600
4800
5089
5001
5200
S489
5401
5403
5405
5600
CHOy
5801
MONIGOMEnY(IN)
MAYDROOK (VLG)
MONTGOMERY (VLG)
WALOEN (VLG)
MOUNrilOPE{TN)
OriSVILLE(VLG)
NEWBUnGH(TN)
NEW WINDSOR (IN)
TUXEDO (IN)
TUXEDO PARK (VLG)
WALLKILL(IN)
WARWICK (IN)
FLORIDA (VLG)
GREENWOOD LAKE (VLG)
WARWICK (VLG)
WAWAYANDA(TN)
WOOUUUnY(IN)
HARRIMAN (VLG)
NO. PAGES
CERl. COPY
CROSS REF
AFFT.
PAYMENT rVPE: CHECK
CASH
CHARGE
NO FEE
CONSIDERATIONS
/^^.^^^.'^- ^
TAX EXEMPT
MORTGAGE AMT$
DATE
CITIES
__ 0900 MIDDLE 1 OWN
1100 NEWBURGH
1300 PORTJERVIS
9999 HOLD
MORI GAGE TYPE:
(A) COMMERCIAL
(U) 1 OR 2 FAMILY
_._ (C) UNDER $10,000.
___ (E) EXEMPT
(F) 3 TO 6 UNITS
:
(I) NAT.PERSON/CR.UNION
(J) NAT.PEH-CR.UN/I OR 2
{K)CONDO
DONNA L. BENSON
Oranga Couitly Cteitt
RECEIVED FROM:
M»IK5154PG 246
m)i I
8IS39

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01/28/00 08:32 FAX 5626788
DUGGAN CROTTY DUNN
A 29 I >- SUKbnl K.Y.B.T.U. Him (OC?
B*r|>ia
A
Mlc
tni.
oidi cow u« iijini (nnor't iti«-lnd. ei Coip.. 11
H.
@003
o isav ar MwaMrfExcelslOf Inc.
N«c looia
CONSULT YOUR UVVYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD IE USED lY LAWYERS ONLY
THIS INDENTURE,
made on
September 10, 1999
BETWEEN
PIJTRO METALS, INC., with a mailing address of P. 0. Box 928,
Vails Gate, New Yoj.-k
12584,
party of the first part, and
PliTRO METALS, INC, with a mailing address of P. 0. Box 928,
Vails Gate, New Yo}rk 12584; and
NORTH PLANK RBXB DEVELOPMENT COMPANY, L.L.C., with an address
at 313 Broadway. Nuwburgh, NY 12550
party of the second part,
WITNESSETH, that the party of the first part, in consideration of
TEN
.
.
($10.00)
aoUars.
lawful money of die United States, and other good and valuable consideration
paid
by the party of the second part, does herdiy grant and release unto the party of the second part, the heirs or
successors and assigns of dm party of the second part forever,
ALL
that certain plot, pitioe or parcel of land, with the buildings and improvements thereon erected, situate
lying and beingXXXIfeX m-jre particularly described on the attached SCHEDULE "A".
BEING the same premises described In that certain deed dated the 8th
day of August, 199 7 from ROUTE 32 ASSOCIATES to PETRO METALS, INC.. which
deed was recorded Ln the Orange County Clerk's Office on
ui[a5lS4PG 247

01/28/00 08:33 FAX 5626788
DUGGAN CROrTY DUNN
lg|004
.-»»•«-,.--• •«*-.-\ •».»»-*• ••«•• - 1
SCllBDULli "A"
All that certain piece or parcel of land situate, lying and
being in the Town or New Windsor, Orange County, New York,
known as Lot No. I as s)»own on a map entitled "Route 32
Associates Final Plan Minor Subdivision", said map having been
filed in the Ornnge County Clerk's Office on flOO-OJi'^ ^7*-., i <\c\'7
as Map No. 173—c;^'), being riore particularly described as
follows:
'
UEGINNING at a point
i\
the »/esterly lino of Uew York State
Uoute 32 (State Highway No. 9033), where said line is intersected
by the division lino b'Stwecn lands now or formerly Brauvin High
Yield Fund L.P. (Ponderosa UcsLaurant) to the south« and the
parcel lierein described, running thence, the following courses:
1. Along said division line, and continuing along lands now or
fornierly Exeter Uuilding Corp. (Wasliington Green)
N 63=59" 00" W 100.00' to a point;
2. Still along lands now.or formerly Exeter Building Corp.,
N 27-23* 10" E 220.05' to a point;
3. Along the division .Line between Lot No. I and Lot No. 2, as
shown on the above referenced map, S 63*'59' 00" E 395.28' to
a point in the westerly line of New York State Route 32;
'I. Along said line, S :»7''17' 50" 1/ 17.41* to a point;
5. Still along said line, S 2G-01' 10" W 202.59* to tlie point
or place of BEGINNING.
ContaiJiing 2.01 acres of land more or less.
Subject to a ten (10) loot wide water line easement running
through tlie above described parcel along and parallel to New
York State Route 32, being more particularly described as follows
BEGINNING at a point ir the westerly line of New York State
Uoute 32, said point being the point of BEGINNING of the above
described parcel, running thence, the following courses:
1. .Along lands now or toriiierly Brauvin lligli Yield Fund LP,
N GSe'Sg' 00" W 10. OC to a point;
.. .
2. Running tlirough the above described parcel, N 26"'01' 10" E
202.75' to a point;
3. Still through said parcel, N 27°17' 50" E 17.-25' to a point
in the division line between Lot No. I and Lot No. 2 as
shown on the above referenced map;
4. Along said division line, S
dl^'SS'
00" E 10.00' to a point
in the westerly line of New York State Route 32;
5. Along said line, S
21°A1'
50" W 17.01' to a point;
6. Still along said line, S 26<'0i' 10" W 202.59' to the point
or place of 0EGINNIN3.
'.'*f«5l54PG 248

01/28/00 08:34 FAX 5626788
DUGGAN CROTTY DUNN
©OOS
SUBJECT TO:
1. Utility Company Easements.in Liber 1093 cp 131 and Liber 1483
cp 98.
2. Water Main Easement and Agreement in Liber 2100 cp 698.
3. Notes and Easements on Filed Map No. 4589.
4. Notes and Easements on Subdivision Map(s) of "New Windsor
Acres",
'
5. Any and all covenants, declarations, restrictions and
easements of record.
6. Rights, if any, nslating to the construction and maintenance
in connection with any public utility of wires, poles, pipes,
conduits and appurtenances thereto, on, under or across the
Premises.
7. Such a state of facts as shown on Filed Map No. 7715 dated
December 20, 1985.. last revised July 1, 1986 and filed in the
Orange County Clerk's Office on July 14, 198 6.
UJ{ft5l54PG 249

01/28/00 08:35 FAX 5626788
DUGGAN CROTTY DliNN
0)006
TOGETHER with all rii;ht, tide and.intetesl, il any, o£ llw party o£ the firat part in and to any streets and
roads abutting tiie above described premises to tlie center lines thereof,
TOGETHER with the ippurtenances and all the esUte and rights of the party ot die first part in and to
said prcmiaee,
TO HAVE AND TO HOLD die prcmsMS herein granted unto the party of the second part, die beira or
suucessors ojid assigns of tlie party of tlie second part forever.
AND the party of tb'i firat part covenants that the party of the first part has not done or Bu£ered anything
w^bereby Uie said premises have been incumbered in any way wlialever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party o£
the first part will receive die con«deratioa for this conveyance and will hold the right to receive sudi consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the imptovement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" wlienever the sense of this indenturii ao requires.
IN WITNESS WHEItEOF, the party of the first part has duly executed this deed the day and year first above
written.
IR fRESENCE OF:
PETRO METALS, INC.
i»s[fi5lS4PG 250

01/28/00 08:35 FAX 5626788
DUGGAN CROTTY DUNN
@007
ACKNOWLEOQMENT IN NEW YOBH. STATE (RPL 30«-«)
State of New York, County of
DRANGE
ss,:
On September 10, 1999 liefcrc mc, the undersigned,
personally appeared
JAMES R.PEFRO, JR.
personally known to nie or proved to mc on ibc basis of satisfac-
tory evidence to be tJie individual(s) whose nanie(s) is (are)
subscribed to (lie witliin instnuiKnt and acknowkdged to tiK lliat
hc/slic/Utey executed the same in his'her/tlicir capacity(ics).
ruid that by his/lier/tiieir signature(s) on the instivnient, the indi-
vidual(s). or tlie person upon behai^f^hijh the_ indi^iypsit^)
acted, executed the instrvnient.
PHILIP A-€ROW¥^
Nottry Public. S^WWS*"
Qualiliecl in Orange Counly
Reg. No 45204J0
Plf^^
Commission Expires March 30.
n.^m.
ACKNOWLEDGMENT OLTTSIOE NEW YC RK STATE (RPL 309-b}
State of
On
personally appeared
Counly of
before me, the undersigned,
personally known to me
or
proved to me on the basis of satis*
factory evklence to be the individual(si whose name(s) is (are)
subscribed to die within instrument and acknowledged to me
that he/she/they executed the same in h s/her/lheir capacityCies),
and that by hi&^r/their signatureCs) cm the instniment. the indt-
vidual(s), or the person upon behalf of which the individual(s}
acted, executed the instrument, and th )t such individual made
such appearance before the undersigned in
(insert city or political iubdivisitm and irate or ctunly or other place ackntnl-
tdffntnl taken)
{signature and ajjice ofindi\ i-Jual luking achnmltdgmtnl)
ACKNOWLEOCWENT BY SUBSCRIBINQ W)TNESS(E8)
State 9f
County of
On
personally appeared
before me, tlie undersigned.
the sub.scribing witncss(es) to the foregoing instrument, with
whom 1 am personally acquainted, who, being by me duly
sworn, did depose and say that he/she/they residc(s) in
(i/ihe
place of residence is in a city, include the street and street number,
if any, tlnreoj);
that he/she/they know(s)
to be the individual(s) described in and who executed tlje fore-
going instrument; that said subscribing witness(es) was (were)
present and saw said
execute the. same; and that said witness(es) at the same time
subscribed his/her/their nainc(s) as a witness(es) thereto.
(
[D
if taken outside New York Stole insert city or political suhdivisim and state
or counlty or other place acknovrledgment ulitn
And that saJd Subscribing
witness(es) made such appearance before the undersigned in
Isignature and office of individual taking acknowledgment)
TITLE
tio.
IBargain onb i^ale Seeli
WITH COVL.VAM ACAII^ST GBASTOR'S ACTS
PETRO METALS,
INC.
SECTION
BLOCK
LOT
COUNTY on TOWN
TO
NORTH PLANK DEVELOPMENT COMPAQ, L.L.C.
AND
PETRO METALS, INC.
AS TENANTS IN COMMON
RETURN BY MAIL TO:

Date

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TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
.,19.
TO
12550
DR.
ATE
CLAIMED
ALLOWED
7yh/Aa
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- ^
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37
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January 24, 2000
14
PETRO METALS. INC.
MR. NUGENT: Referred by Planning Board for pa.rking
variance of 14 spaces to construct office building on
west side of Windsor Highway in a C zone.
Mr. Gregory Shaw of Shaw Engineering appeared before
the board for this proposal.
MR. SHAW: For the record, my name is Greg Shaw from
Shaw Engineering representing Petro Metals tonight. As
your Chairman told you, we'^re here before you for a
parking variance for our proposal on the two acre
parcel on the west side of Windsor Highway. The
property is just north of the Ponderossa Restaurant and
across the street from Mansfield*s Paint, just to
orient you. Presently, it's an undeveloped site. What
my client is proposing to do is construct two buildings
that will be used for retail office or combination of
both. First building closest to the highway will be
12,000 square feet in size and the second building most
remote from the highway will be 4,975 square feet in
size. We comply with all aspects of your zoning with
the exception of the parking spaces, as this board I'm
sure is aware, the parking space calculation, the
zoning ordinance was recently changed, not only was
office increased from 1 to 200 to 1 to 150, but the
word total was inserted for both retail and for office.
So that's very simple, take the gross size of the
building, divide by 150, that's the number of spaces
you need a substantial increase from the zoning law of
six, eight months ago, so with that, we have maximized
the parking area, we have come up with a total of 100
spaces that we can provide. Unfortunately, with
respect to the zoning, we're required to provide 114
spaces. So, we're coming before this board looking for
a variance for the 14 spaces that we assigned in
accordance with your zoning ordinance. Again, the
building may be retail, they may be office or
combination of the two. For all practical purposes,
the owner wants to be flexible, depending upon the
market who would like to rent it.
MR. NUGENT: You have no permanent tenants in line now?

January 24, 2000
15
MR. SHAW: No.
MR. TORLEY: .And the structures have not yet been
built?
MR. SHAW: No. ^
MR. TORLEY:, So say for purposes of argument, the
second building, how much would that have to be reduced
in floor space to make it so you'd meet the zoning code
for parking spaces.
MR. SHAW: Well, that would be 14 times 150, which is
about 2,200, 2,3 00 square feet in that range.
MR. NUGENT: It would be in half.
MR. SHAW: Yeah, it would be in half.
MR. TORLEY: The Town Board has in the very recent past
decided that this is the density of parking they want
now, and you have not yet built the structure.
MR. SHAW: Correct.
MR. NUGENT: He can make the bigger one smaller, too.
MR. TORLEY: Just for, so you have, what's your
justification for wanting to exceed a brand new code?
MR. SHAW: Purely economics, that my client is telling
me that in order to develop this site properly, with
all the site amenities and again, this is a joint
venture of Petro Metals and North Plank Road, their
latest building is across from the Lexus Diner in the
Town of Newburgh, I don't know if you drove by it, but
it's a very attractive building. They have retained an
architect, same architect who's done that building to
architecturally address these buildings, but the point
is with the type of building they are proposing and the
site improvements and the drainage and the water and
the sewer, they need this many square feet of building
to make the project viable.
MR. NUGENT: Is there any reason why the property to

January 24, 2000
16
the, looking at it from the way I'm looking at it, at
the right of the rear cannot be some spaces gotten
there?
MR. SHAW: You're not going to get--
MR. NUGENT: I don't know the topo, I see it goes
pretty steep, it's like a bank in the back, right?
MR. SHAW: Yeah, it is, if you were to try and create
some parking at 90 degrees to the parking in front of
building number 2, you'll probably pick up maybe, maybe
a couple spaces, you're going to wipe out some of the
spaces on the plan for an aisle, okay, so now you're
going to be minus and now as you enter in the side of
the building, it may be double load, both, I don't
think you have room, maybe single load you may pick up
maybe two spaces and create a lot more blacktop for
only a few.
MR. NUGENT: You'd lose some of your—
MR. SHAW: I'd lose some in the front because I need a
drive-thru aisle to get to the parking on the side
because it's not wide enough to double load what am I
creating, maybe I'm creating five spaces along the side
of the building and I'm giving up probably three spaces
to get an aisle through there, maybe only get four
spaces on the sides of the building, so maybe I pick up
one, two, that's about it.
MR. REIS: Mike, the criteria for a retail versus
office spaces, what are we talking about as far as per
parking space, or is it the same square foot building,
retail square foot building?
MR. BABCOCK: It's the same thing, it used to be in
sales use, so if you had a bathroom, if you had a
storage area, if you had unusable sprinkler areas,
common areas, they weren't included in that 1 per 150.
Today, you have to do the entire square footage and
basically, it came down to be about 75 percent and on a
plan like this at 75 percent of the building being used
as sales and the other 25 percent storage about the
rooms and whatever, he would more than make the parking

January 24, 2000
17
requirement. But now you have to supply a parking spot
basically for the square footage of the bathroom also
it's total.
MR. TORLEY: Person in the bathroom probably drove
there.
MR. NUGENT: Greg, do you need any signs?
MR. SHAW: At this point in time, I don't know, I will
have that answer for you before the public hearing. I
have not got into signage with him but as Mike said
with respect to the retail, yes, you have lost the 25
percent because now, it's total, if it's office, well,
it's a double hit because it used to be 200, now it's
150, it used to be in use, now it's total, so it's a
substantial increase.
MR. TORLEY: But again, you may be talking to the wrong
people, the Town Board just decided to change that as a
new code with their thinking on it.
MR. SHAW: But the Town Board doesn't grant the
variance, this board does, so that's why I'm here.
MR. TORLEY: Mr. Chairman, entertain a motion?
MR. NUGENT: Yes, I will.
MR. TORLEY: I move we grant Petro Metals public
hearing on the requested parking space variance.
MR. REIS: Second it.
ROL.
MR.
MR.
MR.
L CALL
REIS
TORLEY
NUGENT
AYE
AYE
AYE
MR. SHAW: Thank you.
MR, KRIEGER: This is a list of criteria or do you
already have one?

January 24, 2000
18
MR. SHAW: I have it and I've it memorized.

/.,.•• '

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Town of New Windsor
555 Union Avenue
New Windsor, New York 12553
Telephone: (914) 563-4631
Fax: (914) 563-4693
Assessors Office
January 26, 2000
Ml'. Gregory Shaw
744 Broadway
Newburgh,NY 12550
RE:
35-M02.1
Dear Mr. Shaw:
According to our records, the attached list of property owners are within five hundred (500) feet
of the above referenced property.
The charge for this service is $ 45.00, minus your deposit of $25.00.
Please remit the balance of $ 20.00 to the Town Clerk's office.
SiofcerelySincerely,
,
/
'^
CeslieCook
(/
Sole Assessor
/jfj
Attachments
Cc: Pat Bamhart, ZBA ,^

Garcia Javier R & Norma C
40 Continental Drive
New Windsor, NY 12553
Horowitz William Corp.
6 Hamilton Drive East
North Caldwell, NJ 07006
Vails Gate Elementary School
98 Grand Street
Newburgh,NY 12550
Winters Gerald & Deborah
Milch Herbert
42 Continental Drive
New Windsor. NY 12553
Komondarea, Basil M.
41 Continental Drive
New Windsor, NY 12553
Petro Metals, Inc.
North Plank Development Co., L.L.C.
313 Broadway
Newburgh,NY 12550
Wessman Naomi
44 Continental Drive
New Windsor, NY 12553
Karas Thomas A
&
Beverly S
39 Continental Drive
New Windsor, NY 12553
Mylonas Dimitrios & Pope
C/o New Windsor Coach Diner
351 Windsor Highway
New Windsor, NY 12553
Kroun Renee
46 Continental Drive
New Windsor, NY 12553
Kennelly Diane M
37 Continental Drive
New Windsor, NY 12553
Pendergast Patricia W.
52 Continental Drive
New Windsor, NY 12553
Lu Chien-Min & Yao Ming
48 Continental Drive
New Windsor, NY 12553
Vasquez Harold
&
Barbara
35 Continental Drive
New Windsor, NY 12553
DiGregorio Lawrence P.
Robertson Claudette
54 Continental Drive
New Windsor, NY 12553
Hess Aime & Pascale Mar>'
50 Continental Drive
New Windsor, NY 12553
Rickle Vincent D. & Tracy N.
33 Continental Drive
New Windsor, NY 12553
Smith Bradford O & Kyong S
56 Continental Drive
New Windsor. NY 12553
Kaduk, Eleanor K.
P.O. Box 1206
Newburgh,NY 12550
D «& D Brothers Partnership
310 Windsor Highway
New Windsor, NY 12553
Bank of New York
Property Mgmt 48 Wall St.-24* Floor
Attn: P. Culas
New York, NY 10286
Harris Benjamin & Weunet Etta
P.O. Box 780
Cornwall, NY 12518
Aliya Inc.
115 Corporate Drive
New Windsor, NY 12553
Kettner David E & Diana L
43 Continental Drive
New Windsor, NY 12553
Rottmeier Dev. Co Inc.
C/O Newburgh Pork Store
327 Windsor Highway
New Windsor, NY 12553
Brauvin High Yield Fund LP
30 No. Lasalle Street
Suite 3100
Chicagi,IL 60602
Planet Wings
24 Suimyside Ave
Middletown, NY 10940
Deyo Jesse Donald & Margaret
340 Windsor Highway
New Windsor, NY 12553

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30;
MIN. RRAI^ YARD y
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l\/l
EXIST. LAMP-
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'•I'"*!"!."'! "Tf
R-5 ZONE
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•2th-
N/F LANDS OF
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PAVEMENT
/
cr
m
-16' X 6' MASOh^Y REFl»Se
ENCLOSURE
^
^
/
/
LAWN
I50'
^^
/

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iL OR OFFICE guiiyfNe 4?. 1/
./
fsaSTAlL / OPFICEi i2X3CO
SF

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n I
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NOTES
t. ZONINe DISTRICT.
C: DESteN SHOPPIN(S
2. RECORD OW^IER * APPLICANT: PETRO METALS, INC. •
NORTH PLANK DEVELOPMENT C)RP.
P.O. BOX ^2e>
VAILS (SATE, N.Y. l2Sd4
3. TOTAL PARCEL AREA.
4. TAX MAP DESIGNATION.
2.0I± ACRES
SECTION 35. BLOCK I, LOT I02.I
5. THE LOCATIONS
OF
EXISTIh*& UTILITIES ARE TO BE CONSIDEREP AS APPROX. PRIOR
TO
EXCAVATION THE CONTRACTOR SHALL VERIFY THEIR LOCATIONS
6. UNDERSROUND FACILITIES PROTECTIVE ORGANIZATION
CO.FPO)
SECTION ll<^B OF THE
Pl^LIC SERVICE LAW, ARTICLE 36 OF THE <3ENERAL BUSINESS LAW AND INIPUSTRIAL
CODE RULE 53 REQUIRES
(2)
WORKING DAYS NOTICE BEFORE EXCAVATION. DRILLING
OR BLASTING. UNDERGROUND UTILITIES CALL CENTER TEL No. i-800-^62-iq62.
CONTRACTOR SHALL PROTECT AND PRESERVE UTILITY MARKINGS.
1.
BOUNDARY AND PLANIMETRIC SURVEY INFORMATION OBTAINED FROM DRAWING
ENTITLED '*ROUTE 32 ASSOCIATES FINAL PLAN MINOR SUBDIVISION", PREPARED BY
GREVAS < HtLDRETH,
P,C.. OH
AUGUST 30 .
\'=\<^^,
AND FILED IN THE COUNTY CLERKS
OFFICE ON AUGUST 4, iq<!1 WITH A FILED MAP No. n3-qi. TOPOGRAPHIC AND
UTILITY INFORMATION ALSO OBTAINED BY GREVAS < HILDRETH,
PJZ..
^
2i(i>
DRAINAGE SWALE"
J-M^
-^0
-;14
:n2
O
TELEPHONE
MANHOLE
TAPER END
OF
CO^^
CURB
MACADAM SHOULDER
TO VAILS GATE
EXTEND NEH CONC.-
CUR© TO END
O^
EXIST
CO^^ CURB
'^KT
"-**:

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HINP50R
CN.Y.S. ROuig
32

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HIGHWAY
S.H. No ^033 ;
MACADAM SHOULDER
P^mf^XHiPm^
WHITE LiNE
O
WHITE LINE-
MH

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z:v_
P5
—CONC
UMti
(TTPJ
0
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Consulting Ent^
ers
Nawteurgh
N.v. 120©0
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iKlb UOCUMtNl
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tUUCAMOJ IA^
'.UPitb (H<M THE: OfUQINAL OF THIS
OOOMtM^
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A KAC;!>lUlU: Of I C
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DATE

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ZOH\Ha
SCHEDULE
^<?N^: <;>: P^^'<7N $>H<?PP!N^
U5E5: Al TO A6
PVLt^ ?^£&VlrATIC>N^' <;- ?<?NE
MIN. LOT AREA
MIN. LOT WIDTH
MIN. FRONT YARP PEPTH
MIN. 5IPE YARP - ONE
MIN. SIDE YARD - BOTH
MIN, REAR YARD
DEPTH
MIN. STREET FRONTAGE
BUILDING HEIGHT
(\T /
FT.
OF
DISTANCE
TO NEAREST LOT LINE - 30 FT J
MAX. FLOOR AREA RATIO
DEVELOPMENT COVERAGE
REQUIRED
40P00
S.F.
200 FT.
to FT.
30 FT,
lO FT.
30
FT.
N/A
30'-0"
030
N/A
PP<?YIPEP
e>l,423
S.F
220 FT.
144
FT.
30 FT.
lO FT.
30
FT.
220 FT.
24'-6"
O.I4
N/A
OFF-STREET PAR<ING
BUILDING
Ho.
I
RETAIL^
I SPACE PER I50 S.F
OF
FLOOR
AREA IN SALES USE
OFFICE:
I SPACE PER I50 S.F.
OF TOTAL
FLOOR AREA
(\2POO
S.F. / I50 SP. PER SPACE)
BUILDING
Ho. 2
RETAIL:
1 SPACE PER I30 S.F. OF FLOOR
AREA IN SALES USE
OFFICE^
I SPACE PER I30 S.F. OF TOTAL
FLOOR AREA
C4,qi5 S.F. / I50 S.F. PER SPACED
BUILDING
COVERAOe
% OF
TOTAL AREA
PAVEMENT COVERAGE-
% OF
TOTAL AREA
OPEN SPACE COVERAGE
% OF
TOTAL AREA
^QUi^t:>
PROVIDED
eo
SPACES
34 SPACES
114 SPACES
16,^^75 S.F.
iq,4
%
4\;2oe
S.F.
4-7.1
9b
29^242
S.F.
33-5
%
\00 "E^NJ&b %
¥ DENOTES A VARIANCE WILL BE REQUIRED FROM THE NEH WINDSOR ZONING BOARD
OF
APPEALS.
0
•N
^-^
.0 TOHN OP NEW WINI7SOR PLANNING &OARD
STAMP OP APPROVAL
TO NE
HBy^gti^
Drg*n « /
^*^^
' Ti
ttCk^d B^
G'^S.

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r^^o
L^Ui^f
12-16-1999
f OWiriy
SITE [:>EVEL(9PMENT / (9RAPINe
PLAN
P'<^i«Ct
y^n^Qf^^^^
/ liCeTAIL BUILPING6
POR
PBTHC MBTAte,
INC.
I
NOftTW
PLANK DCVBLOPMBNT COItP
931<;
UfcltiVli
; ]999

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