Garage for classic cars earns ZBA variance

By NEAL RENTZ

The Zoning Board of Appeals has approved a controversial proposal to construct an accessory garage intended to house five classic cars and a military vehicle at 153 Smith Ridge Road, South Salem.

The vote at the Feb. 26 meeting was unanimous.

The application was submitted by attorney P. Daniel Hollis on behalf of the owner of the nearly 3-acre parcel, John Depew.

The application proposed construction of a six-vehicle accessory garage in a R2A (2-acre residential) zoning district that is 2,160 square feet. Under the town zoning code, 600 square feet is the maximum allowed, therefore the proposal required a 1,560 square-foot variance.

At last month’s meeting, Kelly Bell, assistant to Depew, said the concerns expressed by some of the neighbors is that the structure would be used for commercial purposes, which is not the intent of her client. The structure would be created to store Depew’s private collection of five classic cars and a military vehicle, Bell said.

“The reason for the variance is the size,” she said.

The original proposal from Depew was for 14-foot-high doors and the building was proposed to be 20.5-feet-high.

“The height of the doors does not serve a commercial purpose,” Bell said.

Her client would not require ZBA approval to construct “multiple 600-square-foot structures on his property” to store the six vehicles, Bell said. Adding a series of structures would be “an eyesore” for neighbors.

The proposed building “would improve the appearance of the property,” Bell said.

The proposal was sharply criticized by Mark Blanchard, an attorney representing four neighbors who oppose the project. Blanchard said he had several concerns.

“The massive size of the structure is going to be a detriment,” Blanchard said, adding it would be “changing the character of the neighborhood.”

“It’s essentially a two-story building,” Blanchard said. He also said his clients were also concerned with the height of the doors at 14 feet.

Other concerns raised by Blanchard were that the structure would be too close to a wetland and posed a potential runoff issue. One of the responsibilities of the ZBA is to determine if an application would have a “deleterious effect on the environment,” Blanchard said, adding, “I know you’re not doing wetland enforcement.”

Another critic of the proposal who spoke was Joseph Zygala.

“This building would be directly in the line of sight for our house,” he said.

Following a discussion, the ZBA agreed to make some changes to the initial application as conditions of approval. ZBA Chair Robin Price Jr. said the changes would be to reduce the height of the structure by about 2 feet and the height of the eight doors on the building also by 2 feet.

Another condition of approval was a screening program. Price said the applicant will need to plant 15, 15-foot-tall evergreen or similar trees on the southern portion of the site, with 6-foot shrubs between the trees.