14-7518TOWN OF WAPPINGER
ZONING Administrator
Barbara Roberti X 128
Zoning Board of Appeals
Secretary
Sue Rose X 122
ZONING
20 M[DDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
Phone 845-297-6256
Fax: 845-297-0579
E-Mail srose@townofwappinger.us
April 22, 2014
To: Joseph Paoloni
Town Clerk
•, ,
,^~ ~~
~~'~~~~~~91
From: Sue Rose, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Durants Tents & Events
Appeal No. 14-7518
TOWN SUPERVISOR
Barbara Gutzler
TOWN BOARD
William Beale
Vincent Bettina
Ismay Czarniecki
Michael Kuzicz
Zoning Board of Appeals
Howard Prager, Chairman
Tom Della Corte
AI Casella
Robert Johnston
Peter Galotti
Attached you will find the original Application/Decision & Order for
Durants Tents & Events, 1155 Route 9 & 5 Osborne Hill road. Tax Grid No.
6157-04-632086 & 627103. I would appreciate it if you would file these
documents.
Attachments
cc: Bill Povall
Lois Family Partnership
Town File
Building File
Jim Horan
Planning Board
. REC~I1jEC) .
~~A~ Y ~ za~4
O~IGI. PANNING DEPA
1~~Ij TOWN OF WAPPINGEp
ToVYi',~ o~ V~A~'PX~[~EF~
P.O. Box 324 ~ 20 M1DDi..EBUSH ROAD
WAPP)NGERS FAILS, NY 1250
Zoning Board of Appeals
Office: 845.297.1373 ~ Fax: 845.297.4558
zoning 8nforcernettt Officer
Office: 845, 297.6257
www, townofwapping8r.us
Application for an Area Variance
Appeal # , J~ " 7~f
Dated; t? / ~ ~ /~ ~ r
70 THE ZONING t30ARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
Glenn Lois, member
1 We) .Lois Family Partnership Ltd. t'esidirtcd-ai; owner of 1155 Route 9 and 5 Osborne Hill Rpad
Wappingers Falls, NY 12590 , 845 ~2~8- 0011 (phone), hereby appeal
#a the Zoning Board of Appeals from the decision/action of the Zoning Administrator,
dated , 200, and do hereby apply for an area variance(s).
Premises located at 1155 Route 9 & 5 Osborne Hill Road
Tax Grld # 13-5689-6157-04-632086 & 627103 '
Zoning District • HB - Highway Business `~
1.. Record Owner of Property Lois Family Partnership Ltd. ~ /
Address 1155 Route 9, Wappingers Falis, NY 12590
Phone Number 84~2~$ _
Owner Consent; Dated:j~~~~ ~.~.. Signature: ',,
. Drlntarl t !~ ~ f /l '~ /`~ /
z. Variance(s) Request:
~(ariance No. 1
1(We) hereby apply to the zoning Beard of Appeals for a variance(s) of'the following
requirements of the Zoning Cade.
Zoning Section 240 Attachment 4 Minimum lot area
(.indicate Article, Section, Subsection and Paragraph)
Required; 2 acres
Applicant(s) can provide: 1.81 acres '
Thus requesting: 0.19 acre minimum lot area variance
To allow:See attached cover letter for description:
Variance No. 2.
I (We) hereby apply to the Zoning Board of Appeals for a variance() of the following requirements
of the Zoning Code. .
Zoning Section 240 Attachment 4 Minimum front yard setback from acounty/state highway
TON022.ZBA-AAV (A-03 Rcv)1 0!4
(continued on next page) .
~Va•riance f14. 2 (continued)
Applicant can provide:. 37.7 feet to Countv Route 35
Thus requesting: a 38 foot front yard setback variance to County Route 35 (Osborne Hill Road)
To allow: See attached cover letter for description
Town of Wappinger Zoning Board of Appeals
Application for an Area V rianc
' Appeal No.L'
Variance No. Y 3
I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following
requlrement5 of the Zoning Code,
Zoning Section 240 Attachment 4 Minimum Front yard setback to a county/state highway
(Indicate Article, 5ectlon, Subsection and Paragraph}
Required; 75 feet
Applicant(s) can provide; 62.6 feet to U.S. Route 9
Thus requesting: a 13 foot front yard setback variance to U.S. Route 9 •.
To ai(ow: See attached cover letter for description __
3. Reason For Appeal (Please substantiate the request by answering the following questions in
detail. tJse' extra sheet; if necessary):
A. If your variances} is(are) granted, how wilE the character of the heighborhoa~ or nearby
properties change? Will any of those changes be negative? please explain your answer En detail,
The character of the neighborhood or nearby properties will not be changed in a negative way should
t ese variances be granted. The lot area variance is currently pre-existing, non-con ormina an wi not
B, Please explain why you need the variance{s). Ys there anyway to reach the same result
without a variance{s}? Please be specific in your answer,
The owner/applicant is proposing to remove a portion of the existing building•thus resulting in an'
Upon combining the lots, the 0.50 acre and 1.69 acre existing non-conformance will be greatly
improve upon. s e resu wi e a acre non-con ormance.
The physical environmental conditions in the neighborhood or district will not be impacted in a negative
with
zowozz.zaa•f+nv ta~o3 R~~)z ors
C How big is the change from the standards set out In the zaning law? Xs the requested area
variance(s) substantial? Yf not, please explain, In detall,•why it is not substantial,
Q, If your variance(s) Is(are) granted, will the physical environmental conditions In the
neighborhood or district be Impacted? Please explain, In detail, why or why not.
Town of Wappinger Zoning Board of Appeals
Application for an Area Varianc~
Appeal No, ,~
E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please
explain your answer fn detail,
The need for an area variance is not self-created. In fact, the two sub-standard lot sizes are
F. Is your property unique In the neighborhood that 'is needs thls'type of variance? Please explain
your answer In detail. .
n/a
4, List of attachments (Check applicable lnfarmatlon) '~
(X) Survey Dated ,May 19, 2004 ,Last Revised ~ and
Prepared by Robert D._Kal~ka,L S.
() Piot Plan Dated
{) Photos
(X) Drawings Dated Amended Site Plan foC D gran S,Tents & Events dated 12-30-13 last revised 03-18-14
(X) Letter of Commuttlcatlon which resulted in application la the 2BA,
{e, g,, recommendation from the Planning Board/Zoning DenfaQ
Letter from Frederick P. Clark Associates, Inc. (Town Planner) • D~ted::February 26, 2014
Letter from ~ ~ Dated:
() Other (please llsk):
5. Signature and Verification
Please be advised that no application can be deemed complete unless signed below.
J_ •
The applicant hereby states that al nfor pri given Is accurate as of the date of application.
i
SIGNATURE DATED: L~~C~ ~"_ ~
(Appellant) Glenn Lois, member
SIGNATURE n/a DATED:
(Zf more than one Appellant)
70Y1022.ZBA-AAV (4-Q3 Rev} 3 of4
~~ j~r Tawn of INappinger Zoning Soard of Appeals
Ij~NA~ Application for an Area Variance
Appeal No. _ Iy '~~/~
FOR OFFICE USk ONLY
1, The requested variance(s) ( ) VIlILL / (~ VYYLL NOT produce an~ undesirable change In the
character of the neighborhood,
( ) YES i (X) NO, Substantial detriment will be created to nearby properties,
2. There ( ) IS(ARE) / (~ IS(ARi~) NO other feasible methods available for you to pursue to
achieve the benefit you seek other than the requested variance(s),
3. The requested area variance(s) ( ) xS(ARE} / (~ IS(ARi~) NOT substantial.
4. The proposed variance(s) (') Wxi.L / (~ WIi.L NOT have an adverse effect or Impact on the
physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty ( ) IS / (~ IS NOT self created.
6, The property ( ) IS / {•~ IS NOT unique to the neighborhood.
Conclusion; Therefore, it was determined the requested variance.
Be (X) GRANTED ()DENIED. ~~
Conditions/Stipulations: The foilovring conditions and/or stipulations were adopted by resolution
of the Board as part of the action stated above;
1-Where 2 acres •are required in an HB zoning district, the applicant is oron
ne undersizR~# Tit , •the
( ) Fin'dtngs & Facts Attached.
DATED; Apri,1,~~,2014
y_, •the applicant can on
a 37.3 front yard setba
wed to a state or count
s 12feet 4
ite 1 lot (1.
t can only n
sized lot.
r , ~..~
riance
osing to
cres) for
ie '1.81,
z_ required
Z~borne
i foot
ZONING BOARD OF Appi_ALS
• TOWN OF WAPPINGER, NE ,YORK
BY;
Chalrrrian)
PRINT; _ '~~~ ~~~'~
TOW022.ZBR-MV (4.03 Rev} 4 oC4
POVALL
ENGINEERING, PLLC
p: 845.897.8205 25 Corporate Park Drive, Suite C
f: 845.897.0042 Hopewell Junction, N.Y. 12533
www.PovallEngineering.com
William H. Povall III, P.E.
Professional Engineer: NY, PA, VT, WV, OH, KY, WY & TN
Certified Professional in Erosion & Sediment Control (CPESC)
March 18, 2014
Town of ~Y~appinger
Zoning Board of Appeals
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Amended Site Plan for Durants Tents & Events
Town of Wappinger, Dutchess County
Tax Grid # 13-5689-6157-04-632086 & 627103
Dear Chairman Prager and Board Members:
On behalf of the owner/applicant, Lois Family Partnership Ltd., we are submitting an application for
an area variance from the requirements of the zoning code Chapter 204, Attachment 4, Schedule of
Dimensional Regulations-Non Residential Districts. The applicant is the owner of the two parcels
referenced above which are located at 1155 Route 9 and 5 Osborne Hill Road. These parcels are
located in the Highway Business (HB) Zoning District.
The owner/applicant is currently before the Planning Board with two concurrent submissions. The
applicant is proposing a "Subdivision Plat for Combining Lots 632086 & 627103". Upon combining
these lots, the applicant is proposing the attached "Amended Site Plan for Durants Tents and
Events". There are three (3) conditions that are currently pre-existing, non-conforming. Upon the
combining of these two (2) parcels, these conditions will still be non-conforming and require a
variance. Please see the attached review memorandum from the Town Planner, Frederick P. Clark
Associates, Inc. dated February 26, 2014. Item 2. on page 3 notes the variances required. Each of
the existing non-conforming conditions requiring variances will be improved upon.
With this application, the following three (3) variances are being requested:
Variance 1: A 0.19 acre lot area variance.
The subject parcels are both currently existing, non-conforming with regards to the required
minimum lot area for the HB zoning district. Existing Tax Lot 632086 contains 1.50 acres
which does not meet the required minimum lot area of 2.00 acres by 0.50 acres. Existing
Tax Lot 627103 contains 0.31 acres which does not meet the required minimum lot area by
1.69 acres. The owner/applicant is proposing to combine these two adjoining parcels,
creating a larger single parcel, thus improving the existing, non-conformance.
The area of the combined parcels will result in a 1.81 acre single parcel. This area will not
meet the required minimum lot area by 0.19 acres. However, it will greatly improve upon
the currently existing non-conformance. As a result, we are seeking a 0.19 acre lot area
variance.
Amended Site Plan for Durants Tents & Events March 18, 2014
Tax Grid No. 13-5689-6157-04-632086 Page 2 of 2
Variance 2: A 13 foot front yard setback to a state highway variance.
The Existing Tax Lot 627103 contained a house which was removed as a result of a fire.
That house had a front yard setback of 22.5 feet to U.S. Route 9 which did not meet the
required minimum front yard setback of 75 feet to a county or state highway in the HB
zoning district by 52.5 feet. The existing Tax Lot 632086 currently contains a 9,585 square
foot building which has a front yard setback of 47.1 feet to U.S. Route 9 which does not
meet the required minimum front yard setback by 27.9 feet. With the proposed site plan, the
owner/applicant is proposing to remove a 1,138 square foot portion of the existing building
which is closest to U.S. Route 9. That portion of the building is setback 47.1 feet to U.S.
Route 9. Upon combining of the parcels, and with the removal of house and the 1,138
square foot portion of the building, this will result in a new 62.6 foot front yard setback
from the building to U.S. Route 9. This front yard setback will not meet the required front
yard setback to a county or state highway by 12.4 feet. However, it will significantly improve
upon the currently existing non-conformance. As a result, the owner/applicant is seeking a
13 foot front yard variance to U.S. Route 9.
Variance 3: A 38 foot front yard setback to a county highway variance.
As mentioned above, the Existing Tax Lot 627103 contained a house which was removed as
a result of a fire. That house had a front yard setback of 26.7 feet to County Route 35
(Osborne Hill Road) which did not meet the required minimum front yard setback of 75 feet
to a county or state highway in the HB zoning district by 48.3 feet. Upon combining of the
parcels, the applicant is proposing to remove a 1,138 square foot portion of the currently
existing 9,585 square foot building and add an addition to the northwestern corner of the
building. This proposed addition will have a 37.7 foot front yard setback to County Route
35 (Osborne Hill Road). This front yard setback will not meet the required front yard
setback to a county or state highway by 37.3 feet. However, it will improve upon the
currently existing non-conformance. As a result, the owner/applicant is seeking a 38 foot
front yard variance to County Route 35 (Osborne Hill Road).
In support of the application we have enclosed the following documents:
1. Eight (8) copies of the completed Application for an Area Variance
2. Eight (8) copies of the Short Environmental Assessment Form
3. Eight (8) copies of the Amended Site Plan for Durants Tents & Events dated December 30,
2013, last revised March 18, 2014.
4. One (1) copy of the survey of the property
5. One (1) copy of the Town Planner's memorandum dated February 26, 2014
6. A check in the amount of $250.00 for the application fee.
We respectfully request that this project be placed on your next Zoning Board Agenda.
Please do not hesitate to contact this office should you have any questions. Thank you.
Very Truly Yours,
William H. Povall III, P.E.
cc: Glenn Lois, Lois Family Partnership Ltd.
617.20
Appendix B
Short Environmental Assessment Form
Instructions for Completing
RECEIVED
~A~ Y 9 201
PLANNING GEPARTMEN"
TOWN OF WAPPINGER
Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become
part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part
1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please
answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional
information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any
item.
Name of Action or Project:
Amended Site Plan for Durants Tents & Events
Project Location (describe, and attach a general location map):
1155 Route 9 and 5 Osborne Hill Road (see attached Plat for location map)
Brief Description of Proposed Action (include purpose or need):
The owner/applicant is currently before the Planning Board with two concurrent submissions. The applicant is proposing a
"Subdivision Plat for Combining Lots 632086 & 627103". Upon combining these lots, the applicant is proposing an "Amended
Site Plan for Durants Tents and Events". There are three (3) conditions that are currently pre-existing, non-conforming. Upon
the combining of these two (2) parcels, these conditions will still be non-conforming and require a variance. However they will
each greatly be improved upon.
A 0.19 acre lot area variance is being sought. The existing non-conforming area of the two existing lots are 0.50 acres and 0.31
acres. In creating a larger parcel, the resulting non-conformance will be 0.19 acres which is a significant improvement.
A 13 foot front yard setback to U.S. Route 9 is being sought. The existing non-conforming setback is 22.5 feet. With the proposed
removal of a house and a portion of an exisiting building, a 62.6 foot setback will be created, thus improving upon the existing
setback.
A 38 foot front yard setback to County Route 35 (Osborne Hill Road) is being sought. The existing non-conformaning setback is
26.7 feet. The proposed addition will result in a 37.7 foot setback. This is also an improvement upon the existing conditions.
Name of Applicant/Sponsor: Phone: 845-298-0011
The Lois Family Partnership, Ltd. E-mail:
Address: 1155 Route 9
City/PO: Wappingers Falls State: NY Zip Code: 12590
1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative ^Yes ®No
rule, or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in
the munici ality and roceed to Part 2. If no, continue to uestion 2.
2. Does the proposed action require a permit, approval or funding from any other governmental Agency? ®Yes ^No
If Yes, list agency(s) name and permit or approval:
Town of Wappinger Planning Board approval
3. a. Total acreage of the site of the proposed action? 1 "R 1 acres
b. Total acreage to be physically disturbed? 0 acres
c. Total acreage (project site and any contiguous properties)
owned or controlled by the applicant or project sponsor? 1.81 acres
4. Check all land uses that occur on, adjoining and near the proposed action.
^ Urban ^ Rural (non-agricultural) ^ Industrial ®Commercial ®Residential (suburban)
^ Forest ^ Agricultural ^Aquatic ^ Other (specify):
^ Parkland
Page 1 of 4
5. Is the proposed action:
a. A permitted use under the zoning regulations?
^N/A
b. Consistent with the adopted comprehensive plan? ^N/A
®Yes ^No
®Yes ^No
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? ®Yes ^No
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
If Yes, identify: ^Yes ®No
8. a. Will the proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation service(s) available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ^Yes ®No
^Yes ®No
^yes ®No
9. Does the proposed action meet or exceed the state energy code requirements?
If proposed action will exceed requirements, describe design features and technologies: ^Yes ®No
10. Will the proposed action connect to an existing public/private water supply?
If No, describe method for providing potable water: ^Yes ®No
11. Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment: ^Yes ®No
12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places?
b. Is the proposed action located in an archeological sensitive area? ^Yes ®No
^Yes ®No
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain
wetlands or other waterbodies regulated by a federal, state or local agency?
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
an unnamed tributary ®Yes ^No
^yes ®No
14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
^ Shoreline ^ Forest ^ Agricultural/grasslands ^ Early mid-successional
^ Wetland ^ Urban ®Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State
or Federal overnment as threatened or endanger? ®Yes ^No
16. Is the project site located in the 100 year flood plain? ^Yes ®No
17. Will the proposed action create stormwater discharge, either from point or non-point sources?
If Yes,
a. Will stormwater discharges flow to adjacent properties?
b. Will stormwater discharges be directed to established conveyance systems (runoff and storm drains)?
If Yes, briefly decribe: ^Yes ®No
^Yes ^No
^Yes ^No
Page 2 of 4
18. Does the proposed action include construction or other activities that result in the impoundment of water or ^Yes ®No
other liquids (e.g. retention pond, waste lagoon, dam)?
If Yes, explain purpose and size:
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid ^Yes ®No
waste management facility?
If Yes, describe:
20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or ^Yes ®No
completed) for hazardous waste?
If Yes, describe:
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
,,
Applicant/sponsor name: Glenn Lois - Me -~`~ '
Signature: Date: ~1~.-~~' ~`I
~~
Part 2 -Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions
in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the
reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable
considering the scale and context of the proposed action?"
No, or small Moderate to
impact may large impact
occur may occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning ® ^
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land? ® ^
3. Will the proposed action impair the character or quality of the existing community? ® ^
4. Will the proposed action have an impact on the environmental characteristics that caused the ® ^
establishment of a Critical Environmental Area (CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or affect ® ^
existing infrastructure for mass transit, biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ® ^
reasonably available energy conservation or renewable energy o ortunities?
7. Will the proposed action impact existing:
a. Public/private water supplies? ® ^
b. Public/private wastewater treatment utilities? ® ^
8. Will the proposed action impair the character or quality of important historic, archaeological, ® ^
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, ® ^
waterbodies, groundwater, air quality, flora and fauna)?
Page 3 of 4
No, or small Moderate to
impact may large impact
occur may occur
] 0. Will the proposed action result in an increase in the potential for erosion, flooding or drainage ® ^
problems?
l 1. Will the proposed action create a hazard to environmental resources or human health? ® ^
Part 3 -Determination of Significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2
that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed
action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail,
identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce
impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential
impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude.
Also consider the potential for short-term, long-term and cumulative impacts.
^ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the
proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement
is required.
® 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.
Town of Wappineer Plannine Board
Name of Lead Agency Date
Robert Valdati Planning Board Chairman
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer (if difference from Responsible Officer)
Page 4 of 4
FREDERICK P. CLARK ASSOCIATES, INC. ~IlAR 19 20t•~
TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT PLANNING DtF'ARTiv1EP~'
pLANN1NG
,
RYE, NEW YORK FAIRFIELD, CONNECTICUT TOWN OF WAPPINGE:R
DAVID H. sro~MAN MEMORANDUM
AICP. PP
PRESIDENT
MICI~AEL A. GALAPITE To: Robert L. Valdati, Chairman, and
,
ExECUr1vE the Town of Wappinger Planning Board
VICE PRESIDENT.
350 THEO. FREMD AVE. Date: ,February 26, 2014
RYE, NEW YORK 10580 .
914 967.6540 `
fAx: 914 967.6615
Sub,}eCt: Durants Tents and Events -
Subdivision (Mercer) and Amended Site Plan Review
coNNECT1cuT
zo3 255-3100 Tax Lots 6157'-04-632086 and 627103
HUDSON VALLEY AS re uested, we have ins ected the subject property and have undertaken a
q p
845 29J-6056 review of the applications of the Lois Family Partnership, Ltd. (the
LONG ISLAND ,
"Applicant") on behalf of Glenn Lois (the "Owner"} for Subdivision
516 364-4544
(Merger) and Amended Site Plan Approvals to expand the existing retail
www.fpclark.co.m `and storage business known as .Durants Tents. and Events (the "Proposed
email.~fpclark.com ACt10ri" or "Project").
Location
The subject properties are identified as 6157-04-432086 (Parcel A} and
627103 (Parcel B) on the Town of Wappinger tax assessment maps and are
located at 1155 Route 9 and 5 Osborne Hill Road, respectively, within the
Highway Business (HB) zoning district (the "Subject Property" or "Site").
` Parcel A is 1.5 acres in size and currently contains the existing retail
building for Durants Events and Tents. Parcel B is 0.31 acres in size and
contained a residence. and a garage both of which were previously removed.
Project
The Applicant is proposing to expand and modify the existing 9,585-square
foot building. The expanded building is proposed to be 12,047 square feet
in size (4,799 square feet of retail use and 7, 248 square feet of storage for
the retail component). The Project specifically involves the following:
1. :Combination of Parcels A and B .(Subdivision Plat Approval. for a iot
merger};
FREDERICK P. CLARK ASSOCIATES, INC.
PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT
RYE, NEW YORK FAIRFIELD, CONNECTICUT
2. Conversion of 1,659 square feet of existing 5,037 square feet of storage to retail;
3. Removal of 1,138 square feet of storage and replacement of a portion of said area
with additional parking spaces;
4. Construction of a 3,600-square foot (50 feet by 72 feet) building addition for
storage;
5. Relocation of the sewage disposal system;
6. Anew individual well;
7. Modification to building lighting and facades;
8. Reconfiguration of the parking area; and
9. Installation of a party equipment display area.
Submission
The Applicant has submitted an application form for Site Plan Approval dated December
17, 2013; an owner's consent form, dated 2/4/14; an application form for Preliminary
Subdivision Plat Approval, dated 2/4/14; an application form for Final Subdivision Plat
Approval, dated 2/4/14; a project narrative with two attachments; a) photos of sample
equipment to be displayed, and b) building elevation drawing and sample building colors,
prepared by Povall Engineering, PLLC., dated 12/30/13, revised 2/3/14; a Full
Environmental Assessment Form (EAF) (Parts 1, 2 and 3} dated December 17, 2013,
revised 2/3/14; and the following sheets of plans generally entitled "Durants Tents and
Events" and prepared by Povall Engineering, PLLC:
Sheet SD-1 (1 of 1), Subdivision Plat, dated 2/3/14;
2. Sheet SP-1 (1 of 2), Amended Site Plan, dated 12/30/13, revised 2/3/14; and
3. Sheet D-1 (2 of 2), Details, dated 12/30/13, revised 2/3/14.
REVIEW COMMENTS
1. Avnlication. The Applicant has indicated that there will be no outdoor storage of
construction vehicles or construction equipment on the Site and therefore, a
Special Use Permit will not be required. A note stipulating this should be included
on the plan. Further, the Applicant indicates that "The outdoor storage is to
2
FREDERICK P. CLARK ASSOCIATES, INC.
PLANNING, TRANSPORTATION, ENVfRONMENT AND DEVELOPMENT
RYE, NEW YORK FAIRFiELD, CONNECTICUT
include rental equipment and delivery trucks. The rental equipment to be
stored/parked in this area includes items associated with the party rentals including
but not limited to tents, tables, etc.... The rental equipment to be stored in the
storage area is proposed to be rented out." This statement should also be included
on the site plan.
2. Zoning Conformance. We continue to note the following variances and/or
existing non-compliances:
a. Lot size (the minimum required lot size is 2 acres whereas the combined lot
size is 1.81 acres). 'This is an existing non-compliance. We note that the
Applicant is reducing the non-compliance by merging the two subject
properties.
b. Front yard setback along Route 9 (62.6 feet exists whereas zoning requires
75 feet from the front line along a State road). This is an existing non-
compliance. We note that the Applicant is decreasing the non-compliance
of this requirement by removing the portion of the building which was
located further into the setback.
c. Front yard setback along Osborne Hill Road (37.7 feet is proposed whereas
zoning requires 75 feet from a County Road}. We note that the Applicant is
increasing the non-compliance of this requirement with the construction of
the building addition. We also note that the Applicant acknowledges the
need fora 38-foot variance from a County Road.
We continue to defer to the Zoning Administrator regarding the subject of
variances and whether existing non-complying dimensional situations need
variances.
3. Site Plan.
a. Party Equipment Display Area. The revised plan shows two proposed party
equipment display azeas in the northwesterly corner of the property; one is
Iabeied as Larger equipment display and the other is labeled as party
equipment display area. The equipment display areas are proposed to be
raised and paved and would face Route 9 and the intersection with Osborne
Hill Road. The Applicant is also proposing a 5-foot wide law-lying
landscaped area around the perimeter of the display areas. The Applicant
should address the following matters:
FREDERICK P. CLARK ASSOCIATES, INC.
PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT
RYE, NEW YORK FAIRFIELD, CONNECTICUT
(1) The dimensions {including the height) of the raised pavement area
should be provided on the plan, as previously requested.
(3) Photos of typical party equipment proposed to be displayed have
been provided for the Planning Board's review. These include
canopy tents, tables, chairs, picnic tables, ice cream carts, dunk
booth, balloon on wheels (10 feet high), fun house{s) (13 feet high)
and inflatable maze (15 feet high). The Planning Board may wish to
determine the type, number and maximum size of objects} to be
displayed. Further, it is our understanding that at the last Planning
Board meeting, the Board asked the Applicant to provide a photo
simulation. This has not been done.
(4) The party equipment display area is proposed to be located almost at
the front property Line within the front yard setback area. The plan
should be revised to indicate the setback dimensions for the display
area, as previously requested.
(5} Hours of operation information provided in the project narrative
should be included on the site plan as well.
4. Parkin . As previously noted, the Applicant is proposing 31 parking spaces
(whereas 40 parking spaces are required) and asking the Planning Board to allow
the land-banking of 9 parking spaces in accordance with Section 240-96F of the
Zoning Law. The Planning Board should make a determination regarding this
matter. The Planning Board should also determine if they the Land-banked spaces
should be located in the rear of the property and not along Route 9.
5. Landscauina. The number of trees (6 White Pines and 3 River Birches} proposed
is insuff cient and the spacing of the trees is too far apart to adequately screen the
new addition from the residential properties across the road. The screening should
include trees and shrubs that are adequate in size and spacing at planting to
provide screening. We recommend the following:
a. At least 3 more evergreen trees that are 8 to 10 feet in height should be
added.
b. The three River Birches should be replaced with three evergreen trees.
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FREDERICK P. CLARK ASSOCIATES, INC.
PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT
RYE, NEW YORK FAIRFIELD, CONNECTICUT
c. The evergreen trees should be of at least two different species and they
should be mixed with at least 28 deciduous and evergreen shrubs that are 4
to 5 feet in height at planting.
d. The Planning Board should consider that screening be extended along
Osborne Hill Road to the northern corner of the property. This area is right
across from the existing residences along Osborne Hill Road and where the
large equipment display area is proposed to be located. According to the
samples, equipment proposed to be displayed in this area range from 10 to
15 feet in height.
e. Further, the Planning Board may wish to request that landscaping be shown
between the property boundary and the land-banked parking spaces, to be
planted if and when the proposed land-banked parking spaces are required
to be installed, if the Board decides that the location of the spaces should
remain along Route 9.
We look forward to discussing these items with the Planning Board at its upcoming
meeting.
David H. Stohnan, AICP, PP
President
Evren Ulker-Kacar, AICP
Associate/Planning
cc: Graham Foster
Robert J. Gray, PE
Barbara Roberti
Albert P. Roberts, Esq.
Sue Rose
Povall Engineering, PLLC. (whp@povallengineering.com)
J;IDOCSZ1S00\Wappinger~DuranLs Tents and Events.835.pme2.eukdce
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