03-7165
..
TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
May 14, 2003
To: Gloria Morse
Town Clerk
~WAP~Z"
~ 0' ,,- ~'
.7,'~~~, '. ~~,:-P.JI.'~
/8"(~ " "~~\
I:.... ( c ' .~I
"',,0 '---.-,!.~
'\~,.~
c::. '
. ,.' ' "'.
.~ '/ "
""~~.(~ ;/~~)J
~~SS C(l,~
<cc~
ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-1373
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Gigliotti Subdivision
Appeal No. 03-7165
Attached you will find the original Application/Decision & Order
for Gigliotti Subdivision, Route 376, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. Gigliotti
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
CHRISTOPHER J. COLSEY
JOSEPH p, PAOLONI
ROBERT L. VALDATI
RECE\\}EO
MA't \ ~ 2003
TOWN CLERK
~ ' JAN-10-2003 FRI 11:54 AM WAPP. TOWN-CLERK
8452981478
P. 02
< i
fRi~~~OW~[Q)
!\pp 0 1 2003
, AREA V ARIANCE(S) APPLICATION 'ZONING ADMif\tiS';RATOR
'TOWN OF J H,r'PINGER
APPLICATION TO ZONING, BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY) NEW YORK
Appeal # 63.. t'[ J(Q5
Date: "-+ -)O-n3
Fee: t5c:> o~
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
of
(Tel. Nos. HomelWor/9
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED , 19_
AND DO HEREBY APPLY FOR AN AREA V ARlANCE(S). '
Premises located at ~ ~ ?7C?
W7tJ- 0 [- !1.d1e; 0 (Address o/Property) R _ 4: 0 .
(Grid Nos.) (Zoning District)
1. RECORD OWNER OF PROPERTY 'Gl~~~ I Je:..
. ~r;- ~ ~ . . _(IJ,~_ ~
. ~ . (PIw..Num~ ~~O
' OWNER CONSENT: Dated: Signature:
U/ p.. Printed:
2. V ARlANCE(S) REQUEST:
V ARIANC~ NO.1
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
VARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
~Jj()~2o'
(Indicate Article. Section. SubJection' and Paragraph)
JAN-10-2003 FRI 11:55 AM WAPP, TOWN-CLERK
8452981478
P. 03
, ,
Town of Wappinger Zoning Board of A.ppeals
" Area Variance Application
Appeal No.
Page 2
REQUIRED: Sl~te ~S
"l
APPLICANT(S) CAN PROVIDE: it
THUS REQUESTING: ~ r::;t::J.N
TO ALLOW: I' ,.
,.
..,
VARlANCENO.2 (U#)
I (WE) HEREBY APPLY TO THE ZONING-BOARD OF APPEALS FOR A
V ARlANCE(S) OF tHE, FOLLOWiNG REQUIREMENTS OF THE ZONING
ORDINANCE. "
(Indicate Article, Section, Subsection and Paragraph)
IREQUIRED: . "
APPLICANT(S) CAN PROVIDE:
THUS REQUESTING:
TO ALLOW:
.. '
3. REASON FOR APPEAL (Please substantiate the request by answering the following
questions in detail, Use extra sheet, ifnecessary):
.
A. IF YOUR. V ARIANCE(S) IS (ARE) GRANTED, HOW WILL THE CHARACTER OF
THE NEIGHBORHOOD OR NEARBY PROPERTIES CHANGE? wn..L ANY OF
THOSE CHANGES BE NEGATIVE~ PLEASE ExPLAIN YOUR ANSWER IN
DETAIL. .J ' ,
~~~~~-
.:~~.. ~
. 'JAN-1 0-2003 FRI 11: 55 AM WAPP, TOWN-CLERK
8452981478
p, 06
TownofVVappmgerZonmgBo~OfAppe~s
Area Variance Application
Appeal No.
Page 5
'I t1. I . ~ . .... 11 'I II .. . t.. .. '1'1' 'I' 'I'. - . . I.. Ii . 'I _. ... . . 'I 'I . t ..,. .. 'I 'I ''I' .. 'I' 'I .. . . I.. . t I . _,111 I 'I'. , ~. I". I .. 'I . 'I.... .. I' 'I'. 'I" t. 'I"
':1
..'....................................."...!.......!.....'..It.....~.....f.......t......t........"................
FOROFmCE USE ONLY ~
1. Tl!E REQUESTED V ARIANCE(S) ~L I ( ) WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
(~S I ( ) NO, SUBSTANTIAL DETRIMENT wn..L BE CREATED TO NEARBY
PROPERTmS~ ,
2. THERE ,( ~ARE) '/ ( ) IS (ARE) NO OTHERFEASlBLEMBTHO~S
,', A V AlLABLE FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER
THAN THE RBQUESTEJ? V ARIANCE(S).
3. THE REQUESTED AREA V ARlANCE(S) (~(ARE)' I ( ) IS' (ARE) NOT
SUBSTANTIAL. '
4, THE PROPOSED V ARIANCE(S) (~L I ,( ) WILL NOT HAVE AN ADVERSE
EFFECT OR IMPACT ON tHE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
mE NEIGHBOlUJOOD OR DISTRICT.
5. , THE ALLBGED DIFFICULTY~. / ( ) IS NOT SELF-CREATED.
...
',' JAN-10-2003 FRI 11:58 AM WAPP, TOWN-CLERK
8452981478
p, 07
Town of Wappinger Zoning Board of Appeals
. Area Variance Application.
Appeal No. 05-7/05
Page 6
CONCL USION: THEREFORE, IT WAS DETERMINED THE REQUESTED V ARlANCE
. BE ( ) GRANTED C>iDENIED. .. .
CONDmONSISTlPULATIONS: The following conditions and/or stipulations were adopted
by resolution of the Board as part oithe action stated above:
(~FINDINGS & FACTS AITACHBD.
PATED: =?'. I q -0 ~
. ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:
(Chairman) .
PRINT:
. .....
r;ROJECT
I
ID NUMBER
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
( To be completed by Applicant or Project Sponsor)
PART 1- PROJECT INFORMATION
SEQR
1. APPLICANT I SPONSOR 2. PROJECT NAME
P. GIGLIOTTI SHARED DRIVEWAY FOR GIGLIOTTI
3.PROJECT LOCATION:
TI WAPPINGER DUTCHESS
Municipality County
4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc - or provide map
WEST SIDE OF STATE ROUTE 376
5. IS PROPOSED ACTION: ~ New o Expansion o Modification I alteration
6. DESCRIBE PROJECT BRIEFLY:
THE APPLICANT WISHES TO COMBINE DRIVEWAYS FOR TWO (2) FUTURE PROPOSED LOTS.
7. AMOUNT OF LAND AFFECTED:
Initially 84.75 acres Ultimately 84.75 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
~Yes ONO If no, describe briefly:
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
~ Residential o Industrial o Commercial DAgriculture D Park I Forest I Open Space OOther (describl;l)
SINGLE FAMILY RESIDENTIAL
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
~Yes ONO If yes, list agency name and permit I approval:
DUTCHESS CO., DEPARTMENT OF HEAL TH/TOWN OF EAST WAPPINGER PLANNING/NYSDOT
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
~Yes ONO If yes, list agency name and permit I approval:
THREE (3) LOTS WERE APPROVED PREVIOULSY AS PART OF THE GIGLIOTTI SUBDIVISION
1H~ A 'PfULT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
es tI' No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant I Sponsor n:r ~ A T~ lei G ~~ ft)TTI Date: 1/22/03
Signature L.c.. t~a ~
, If\f e acti~n is a Costal Area, and
ou are a state a enc ,
y g y
complete the Coastal Assessment Form before proceeding with this assessment
PART II - IMPACT ASSESSMENT To be com leted b Lead A enc
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
DYes 0 No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
DYes 0 No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. t:,~, """""'''',, '"","00'''';';''' ."""~, '" "'"" """'rnl ri.' ~""",,,I ""',,"""': ri.' 00..,,,,';;,, ri.',,,,.bO""";" ~""'" ct,;<'i """"" bO.;,,)
C3 1::'0;; 0' fa,,,,, "'h, ""Ii.". "...,,",, ,p.,.;." ;';g,,",~'" "",;""", 0' It.",,,,,,,,,,. ~ 'Od,",;"';' ,p"",,,,?,,,,,,,,,,. ""';",, I
INOj
C4. A community's existing plans or goals as Officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
NO
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
INO
C6. Long term. short term, cumulative, or other effects not identified in C1-C5? Explain briefly:
INO
C7. Other im acts (includin
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
D'~~NME0~~[=?(.=: ~="b=!
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain:
DY~ 0No I
PART 111- 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 connection with its (a) setting (I.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (f) magnitude. If necessary. add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked
yes. the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics ofthe CEA.
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.
Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actior
WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi
determination.
Name of Lead Agency
Date
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 different from responsible officer)
Robert V. Oswald. LS
Michael E. Gillespie. PE
.
1559 Suite 8
Route 82
Hopewell Jet.. NY 12533
(845) 227-6227
Fax 226-1315
OSWALD & GILLESPIE, PC
Consulting Engineers & Land Surveyors
April 10, 2003
Town of Wappinger
Town Hall
attn: Zoning Board Chairperson and Boardmembers
20 Middlebush Road
Wappingers Falls, New York 12590
SENT VIA HAND DELIVERY
Re: Variance to allow a shared driveway for Gigliotti
State Route 376
Town of Wappinger
lFJ ~.0' '? n "Y!~ [Q)
c:. \ ........J-; ;''-''. ':.,
. ,c:./ '';:::l d i i... 0
APR 0 1 2n03
ZONING ADMINISTRATOR
TOWN OF WAPPINGER
Dear Chairman and Boardmembers:
Please find enclosed within this submission the following:
. Seven (7) copies of survey plan (sheet 1 of 1)
. One (1) copy of application
. One (1) copy ofS.E.A.F.
. One (1) check in the amount of $50.00
The proposal involves a lotline alteration and subdivision of Lots 2 through 4
of the Gigliotti subdivision and an abutting property owner (Bohlinger). The
project was presented to the Planning Board on the night of February 3,2003.
Due to the NYS Department of Transportation limiting access onto State
Route 376, the option regarding a shared driveway access was requested to be
explored. This would be specific to future lots #2A and #2B. The access to
the houses proposed for these two (2) lots are at great length. The combining
of these driveways shall also minimize grading and disturbance associated
with the driveway construction. This shared driveway proposal was discussed
at the Planning Board on the night of Feb. 3 and there was a general agreement
that, in this particular case, a shared driveway would be appropriate.
The Town of Wappinger Zoning Code does not permit shared driveways.
Therefore, a formal request and application is required to be submitted to the
ZBA in seeking this variance. On behalf of our client, we would respectfully
request to be placed on the next available agenda for discussion and
consideration of setting a public hearing.
If you have any additional questions, pl~ase do not hesitate to call. Thank
Yo
cc: P. Gigliotti
T/ Wappinger Planning Board (via fax 297-4558)
J. Paggi, P.E. (via fax 471-0905)
D. Wery, A.I.C.P. (via fax 914-967-6615)
A. Roberts, Esq. (via fax 298-2842)
file
2