05-7253
..
TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
SUPERVISOR
JOSEPH RUGGIERO
ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-1373
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
ROBERT L. VAL DATI
April 28, 2005
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To: Gloria Morse
Town Clerk
From: Barbara Roberti, Secretary ~
Town of Wappinger Zoning Board of Appeals
Re: AIMCO Chelsea Ridge, LLC
. Appeal No. 05-7253
Attached you will find the original Application/Decision & Order
for AIMCO Chelsea Ridge, LLC, 15 Surry Lane, Wappinger Falls, NY. I would
appreciate it if you would file these documents.
Attachments
cc: Mr. David Line
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
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Town of'Wappinger
P.O. Box 324 - 20Middlebush Road
Wappingers Falls, NY 12590
Zoning Board of Appeals
Office: 845.297.1373 '" Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
Application for an Area Variance
Appeal #
() 5 - rl (}..FJ3
Dated: Kllj)r'.~) ::y-) f~~6
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I(We), AIMCO Chelsea Ridge, LLC residing at 15800 Crabbs Branch Way Suite, 250
Rockville, MD 20855 , 301- 212- 1231 (phone), hereby appeal
to 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 Chelsea Ridge Apartments (15 Surrey Lane) (NYS 9D & Chelsea Rd.)
Tax Grid # 6056-01-468615
Zoning District RMF- ')
1. Record Owner of Property Sallie as ~_pplicant
Address
Phone Number _ _
Owner Consent: Dated: 2/9/05
See consent form.
2. Variance(s) Request:
Signature:~\ ~ ~~ ~ ~ &~
Printed: aV1.d L1.ne
Variance No.1
I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following requirements
of the Zoning Code.
Article VI Section 240-37 Attachment 3 (table)
(Indicate Article, Section, Subsection and Paragraph)
Required: 25 feet required side yard setback
Applicant(s) can provide: 7.5 feet + -
Thus requesting: area variance of 18Het r
To allow: 7.5 feet +/- side yatCI sethack
TOW022ZBA-AA V (~3 Rev) 1 of 4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No. 05-7251
FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / ~ WILL NOT produce an undesirable change in the
character of the neighborhood.
( ) YES / ex>> NO, Substantial detriment will be created to nearby properties.
2. There ( ) IS(ARE) / foe) IS(ARE) 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))(X) IS(ARE) / ( ) IS(ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL / n) WILL NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty foe) IS / ( ) IS NOT self-created.
6. The property ~ IS / ( ) IS NOT unique to the neighborhood.
Conclusion: Therefore, it was determined the requested variance
Be ill GRANTED () DENIED.
Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution of
the Board as part of the action stated above:
The Zoning Board of Appeals has voted to grant.. the tollowing two variances:
Wh<>r<> 75 f<><>t- !':;n<> Y::Irn !':<>t-h::lC'k ;!': rpql1;rpn, t-hp ZRA gr::lnt-pn ::I v::Iriance of
17.5 feet to allow for a ~ide yard ~etback or 7 5 feet for a potable water
tank.
2. Where 20 feet is required for a landscape buffer. the ZBA granted a -0- setback
with the condition thRt the applicant would provide a 20 foot buffer on the
adjojn;ng prnp<>rt-y w;t-h ::In <>::I!':<>mpnt-
( xk Findings & Facts Attached.
DATED: April 28, 2005
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:t::~ /-/~<e~
(Chairman)
PRINT: )If Ch.>;< t- rJ4/V tI Jf'L c
TOW022.ZBA-AAV (4-03 Rev) 40f 4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
Variance No.2
I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following requirements
of the Zoning Code.
Article V, Section 240-25 Subsection B Paragraph 2
(Indicate Article, Section, Subsection and Paragraph)
Required: 20 foot evergreen landscared buffer
Applicant(s) can provide: 0 feet within property line. (20
Thus requesting: an area variance of 20 feet
To allow: 0 feet of landscaped buffer within the parcel
feet on adjacent parcel via
an easement)
3. Reason For Appeal (Please substantiate the request by answering the following questions in
detail. Use extra sheet, if necessary):
A. If your variance(s) is(are) granted, how will the character of the neighborhood or nearby
properties change? Will any of those changes be negative? Please explain your answer in detail.
See Attachment.
B. Please explain why you need the variance(s). Is there any way to reach the same result
without a variance(s)? Please be specific in your answer.
See Attachment.
C. How big is the change from the standards set out in the zoning law? Is the requested area
variance(s) substantial? If not, please explain, in detail, why it is not substantial.
See Attachment.
D. 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.
See Attachment.
TOW022'zBA-AA V (4-03 Rev) 2 of 4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please
explain your answer in detail.
See Attachment.
F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
See Attachment.
4. List of attachments (Check applicable information)
( ) Survey Dated
Prepared by
(x) Plot Plan Dated 3/25/05
() Photos
(x) Drawings Dated 3/25/05
() Letter of Communication which resulted in application to the ZBA.
(e.g., recommendation from the Planning Board/Zoning Denial)
Letter from Dated:
Letter from Dated:
I Last Revised
and
( X) Other (please list):
Attachment to Application.
5. Signature and Verification
Please be advised that no application can be deemed complete unless signed below.
SIGNATURE
tates that all information given is accurate as of the date of application.
DATED: 1/Z!!J,ItJ5
SIGNATURE
DATED:
(If more than one Appellant)
TOW022.ZBA-AA V (4-03 Rev) 3 of 4
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Town of Wappinger
P.O. Box 324 - 20 Middlebush Road
Wappingers Fa II s, NY 12590
Building Department
Office: 845.297.6256 IV Fax: 845.298.1478
www.townofwappinger.us
Owner Consent Form
To be filed when the aoolicant is not the buildina or orooertv owner
Application #
Building Permit #
Grid #
Location: 1 Chelsea Ridge Mall
Name of Applicant: AIMCO
Description of work to be performed: Sit~ lJork ~ncl C'onl':trllction of 172,000 g~l]on
potable water storage tank and on-site water mains and new meter pit. This
on-site water system will ultimately be connected to the proposed extension
of Village of Fishkill water supply facilities.
I (David Line) , owner of the above
land/site/building hereby give permission for the Town of Wappinger to approve or deny the above
application in accordance with local and state codes and ordinances.
C1;;?if ?~
Owner's Signature -)
2-/1/05
Date
301-212-1231
Owner's Telephone No.
15800 Crabbs Branch Way, Suite 250, Rockville, MD
Owner's Address 20855
TOW033.BD-OCF (7-03 Rev) lof 1
ATTACHMENT TO ZONING BOARD OF APPEALS APPLICATION
TOWN OF WAPPINGER
CHELSEA RIDGE APARTMENTS
PROPOSED WATER STORAGE TANK
Area Variance from Minimum Required Side Yard Setback
REASONS FOR APPEAL
INTRODUCTION
This is an attachment to an application before the Zoning Board of Appeals (ZBA),
Town of Wappinger, Dutchess County, New York.
The Chelsea Ridge Apartments is a large residential apartment complex located in
the Town of Wappinger, Dutchess County, New York. The complex is owned and
managed by AIMCO - Apartment Investment Management Company.
The existing on-site water system consists of groundwater wells, a water
distribution system and storage facilities. However, the on-site water system has
had difficulty meeting demand and water quality requirements. During summer
months, the existing well facilities operate in excess of 16 hours per day, and if any
one of the larger capacity wells is out of service, the facility is at risk of running out
of water.
AIMCO has entered into an agreement with the Village of Fishkill for the supply of
municipal water to the Chelsea Ridge Apartments as a contract user.
As part of this agreement, AIMCO is required to construct the new water
transmission line along Baxtertown Road and Chelsea Road in the Towns of
Fishkill and Wappinger to convey water from the existing Village of Fishkill
distribution system to Chelsea Ridge Apartments. Water meters will be installed at
the tie in location to the Village of Fishkill water distribution system and inside the
Chelsea Ridge Apartments. The apartment complex's existing on-site water
distribution system will be utilized for the conveyance of the municipal source from
the lower portion of the Chelsea Ridge Apartments site to the upper portion of the
site, where the proposed 172,000 gallon water storage tank is to be located.
In addition, AIMCO is required to provided for its own water storage facilities at
the site since the Village of Fishkill does not have excess storage capacity available
within the Village system. The existing storage facilities at the Chelsea Ridge
Apartments do not provide for the NYSDOH recommended storage capacity.
Therefore, AIMCO is proposing to construct a 172,000 gallon water storage tank in
the vicinity of the existing storage tanks. The proposed location and elevation of the
storage tank was selected to maintain distribution pressures equivalent to those
currently being provided to the existing apartment complex facilities. However, the
The Chazen Companies
March 29, 2005
Chel-sea Ridge Apartments - Proposed Water Storage Tank
Addendum to Application to Zoning Board of Appeals for Area Variance
Page 2
proposed water storage tank is located 7.5 feet from the side property line, and thus,
does not meet the required side yard setback of 25 feet. Therefore, a variance of 18
feet (rounded) is requested from the Town of Wappinger Zoning Board of Appeals.
The proposed tank will be partially buried with a six foot stockade perimeter fence.
The water system operator is expected to access the tank infrequently, once per
month on average. There is no proposed exterior lighting at this time as well as no
audible alarms.
RESPONSES TO ZONING BOARD APPLICATION QUESTION #3:
3. REASONS FOR APPEAL
(A) If your variance(s) is(are) granted, how will the character of the neighborhood or
nearby properties change? Will any of those changes be negative? Please
explain your answer in detail.
The character of the neighborhood or nearby properties will not change as a
result of the granting of the requested variance since the adjacent parcel is also
owned by the Applicant, and a 20 foot evergreen buffer area, via an easement
on the adjacent parcel, is proposed, thus meeting the screening and buffer
requirement. A six foot fence surrounding the water storage tank is also
proposed. Additionally, there are already utility structures in the area of the
proposed water tank. The existing system is near failure, and the proposed
improvements will improve the quality as well as the quantity of potable water
for the site. The proposed location and elevation of the water storage tank was
selected to maintain distribution pressures equivalent to those currently being
provided to the existing apartment complex facility.
(B) Please explain why you need the variance(s). Is there any way to reach the same
result without a variance(s)? Please be specific in your answer.
The existing water supply system is on the verge of failure and is in need of
improvements. The proposed location and elevation of the water storage tank
was selected to maintain distribution pressures equivalent to those currently
being provided to the existing apartment complex facility.
(C) How big is the change from the standards set out in the zoning law? Is the
requested area variance(s) substantial? In not, please explain, in detail, why it
is not substantial.
The requested variance is only 18 feet, and the parcel which adjoins the project
parcel in the area of the requested variance is also owned by the applicant.
Additionally, a 20 foot evergreen buffer area, via an easement on the adjacent
The Chazen Companies
March 29, 2005
. .
Chelsea Ridge Apartments - Proposed Water Storage Tank
Addendum to Application to Zoning Board of Appeals for Area Variance
Page 3
a 20 foot evergreen buffer area is provided via an easement on the adjacent
parcel. A six foot high fence is also proposed.
(C) How big is the change from the standards set out in the zoning law? Is the
requested area variance(s) substantial? In not, please explain, in detail, why it
is not substantial.
The requested variance from the minimum side yard setback is only 18 feet,
and the parcel which adjoins the project parcel in the area of the requested
variance is also owned by the applicant. The requested variance of 20 feet from
the minimum required landscaped buffer is not considered substantial, since a
20 foot evergreen buffer area is provided on the adjacent parcel via an
easement, thus meeting the intent of the code. Additionally, a six foot high
fence surrounding the proposed water tank is proposed. Therefore, the
requested variances are not considered substantial.
(D) 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.
The granting of the requested area variances will not impact the physical or
environmental conditions in the neighborhood or district, since the adjacent
parcel is also owned by the Applicant, and a 20 foot evergreen buffer area is
provided via an easement on the adjacent parcel, as well as a six foot high
fence. Additionally, the area of the proposed water tank already contains
utility structures.
(E) How did your need for an area variance(s) come about? Is your difficulty self-
created? Please explain your answer in detail.
The existing water supply system has deteriorated with age, and is near
failure. Thus, improvements are necessary for the Applicant to continue to
provide potable water to the existing Chelsea Ridge Apartments.
(F) Is your property unique in the neighborhood that it needs this type of variance?
Please explain your answer in detail.
The property is already developed as an apartment complex, and the location
chosen for the proposed water storage tank relates to the necessary elevation of
the water storage tank in order to maintain distribution pressures equivalent
to those currently being provided to the existing apartment complex facility.
The proposed water storage tank and improvements are necessary since the
existing water supply system is near failure.
X' \ 8 \ 80100.80200 \ 80102 \ ZBA \ Variance Attachment 20050330(dh).doc
The Chazen Companies
March 29, 2005
Revised March 30, 2005
~~:29'2005 11:58 845
I 'ROJECT 1.0. NUMllE"
454 4026
CHAZEN COMPANIES
#6769 P.003/004
617 .20
AppendIx C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART 1- PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
1. APPLICANT/SPONSOR:
AIMeO Chelsea Ridge. LLC
2. PROJECT NAME:
Chelsea Ridge Apartments
Pro osed Water Stora e Tank and Connection
3. PROJECT LOCATION:
Municipality: Town of Wappinger
County: Dutchess County, New York
4. PRECISE LOCATION (Street address and road Intersections, promlnenllandmarks. etc., or provide map)
New York State Route 9D and Chelsea Road
5. IS PROPOSED ACTION:
New ~ Ell ansion DModificaliorl/allerdtion
6. DESCRIBE PROJECT BRIEFLY:
Site work and conslruction of a 172,000 gallon pot-dble water storage tank, on-site water mains. and new meter pit.
7. AMOUNT OF LANO AFFECTED:
Initially: O.56:t acres
Ultimately: 0.56:t acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OK OTHER EXISTING LAND USE RESTRICTIONS?
DYes ~ No If No. describe briefly. Proposed action requires an area variance from the Town of Wappinger Zoning
Board of Appeals.
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
~Residential Olndustrial I8ICommercial DAgriculture DPar1(/ForesUOpen space DOthcr:
Describe: residential; retsil: office
10. DOES ACTION I NVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (FEDERAL, STATE, OR LOCAL)?
l8lYos DNo If Yes, list agency name and permit/approval: Site Plan Approval from tho Town of Wappinger Planning
Board & NYS Department of Health approval.
11. nOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
~Yes DNo If Yes, list agency name and permit/approval. Dutchess County DepRrtment of Health for current water
supply.
12. AS A RESULT OF THE P~OPOSED ACTION WILL EXISTING PERMIT/APrROVAL REQUIRE MODIFICATION?
~Yes DNo Review of facilities im rovements b Dutohess Coun De artment of Health
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
MarcIl 29. 2005
If the action is in the Coastal Area, and you are a State agency, complete the Coastal
Assessment Form before proceeding with this assessment.
OVER
1
, MJ\W<... 2 9 ' 2 0 0 5 11: 5 9 8 4 5 4 5 4 4 0 2 6
CHAZEN COMPANIES
#6769 P.004/004
PART" - ENVIRONMENTAL ASSESSMENT (To be completed by Lead Aaency)
A. DOES ACTION exceeD ANY TYPE I THRESHOLD IN 6 NYCRR. PART 617.47 If yes. coordinate the review process and use the FULL EAF.
DYes 181 No
B. WIl.l. ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superceded by another involv~d agency.
o Yes ~No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten. if legible)
C1. E)(isting air quality, surface or groundwater quality or quantity, noise levels. existing traffic patterns. solid waste production or disposal,
potential for erosion, drainage or flooding problems? NO
C2. Aesthetic, agrIcultural, archaeological, hislQfic or other natural or cultural resources; or community Or neighborhood character? NO
C3. Vegetation or fauna. fish. shellfish or wildlife species, significant habitats. or threatoned or endangered species? NO
C4. A community's existing plans or goals as officially adopted. or a change In use or Intensity of use of/and or other nalural resources? NO
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? NO
CG. Long torm, short term, cumulatlve, or other effects nOlldentifled in C1 - C5?
The water storage tank is crucial for tile population in Wllich it will serve.
C7. Other Impacts (Including changes In use of either quantity or type of energy)? NO
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT O~ A CEA?
DYes I8JNo
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS"
DYes IZINo
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 connection with its (a) setting ~.e. urban or rural); (b) probability of occurring;
(0) 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
identifiod and adequately addressed. If question D of Part II was ch~r.ked yes, the det~""in~tion Md significance must
evaluale the polential impact of the proposed action on the environmental characteristics of the CEA.
o 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.
o 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:
Villaae of Fishkill Town Board
Nsme of Lead Agency
Print or Type Name of Responsible Officer in lead Agency
Title of Responsible Officer
Signature of ResponsIble Officer In Lead Agency
Signa lure or F'repilrer (if different from responsible officer)
Data
2