05-7258
TOWN OF WAPPINGER
PLANNING BOARD
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SUPERVISOR
JOSEPH RUGGIERO
PLANNING BOARD
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-1373
FAX: (845) 297-4558
TOWN COUNCIL
VINCENT BETTINA
CHRISTOPHER J. COLSEY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
May 25,2005
RECEIVED
MAY 3 1 2005
TOWN CLERK
To: Gloria Morse
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Lloyd's Parcel/Elgen Associates
Appeal No. 05-7258
6157-02-604765
Attached you will find the original Application/Decision & Order
for Elgen Associates, Inc., P.O. Box 829, Wappinger Falls, NY. I would appreciate it if
you would file these documents.
Attachments
cc: Elgen Associates, Inc.
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
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1906 Route 52, Suite 4
Wieeopee Plaza
Hopewell Jet., NY 12533
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WiJllam H. Povall III, P.E.
Tel: (845) 897-8205 Fax (845) 897-0042
May 3, 2005
Town of Wappinger Zoning Board of Appeals
Wappinger Town Hall
20 Middlebush Road
Wappingers Falls, NY 12590
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Re: Front Yard Setback Variance
Site Plan for Lloyd's Parcel
Town of Wappinger, Dutchess County
Tax Grid # 13-5689-6,~-604765
(p \57 .Dd.- ,.
Dear Chairman Fanuele and Board Members:
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On behalf of the owner/applicant we hereby request to be placed on the May 24 Zoning Board of
Appeals Meeting Agenda for a proposed front yard setback variance for the above referenced Site
Plan Application, which is currently before the Planning Board.
The applicant proposes a 4,920 sq. ft. office building on a 1.33 acre parcel of land lying between
Old Route 9 and Route 9, north of Old Hopewell Road intersection. The parcel lies within the
HB Zoning District.
The Planning Board has recommended that the proposed building be placed 20 ft. from the Old
Route 9 lot line to keep the building away from and protect the existing NYSDEC Wetlands
which are within and adjacent to the parcel. The variance requested is for the 20 ft. front yard
setback which is currently proposed, where a 50 ft. setback is required.
We have enclosed the following documents:
. Seven (7) sets of Site Plans
. Seven (7) copies of the Short Environmental Assessment Form
. Seven (7) copies of the Application for Area Variance
. Application fee of $ 250
If there are any questions and/or comments, please do not hesitate to contact this office.
Very truly yours,
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William H. PovalllII, P.E.
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Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.O'l-7?'iR
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FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / ex) WILL NOT produce an undesirable change in the
character of the neighborhood.
( ) YES / <x) NO, Substantial detriment will be created to nearby properties.
2. There ( ) IS (ARE) / (:x) 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 / 6c ) WILL NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district.
S. The alleged difficulty (x) IS / ( ) IS NOT self-created.
6. The property ( ) IS / (x) IS NOT unique to the neighborhood.
Conclusion: Therefore, it was determined the requested variance
Be (X) 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 a 30 ft front yard setback where
50 ft. is required. This will allow the applicant to place the new proposed
office building 20 ft. from the front yard property line.
(X) Findings & Facts Attached.
DATED: May 24, 2005
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
(BY: VI t!7ol? L _ F/JJJUE if
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TOW022.ZBA-AA V (4-03 Rev) 4 of 4
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14.16.4 (11/95)-Text 12
I PROJECT 10. NUMBEA
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLlC~T ISPO.NSOR P A. () ( I L
t::l tN A~SD(.lA1t.~ 1.Nt:-- ,~"- t:::.
3. PROJECT LOCATIOI'1: \
Municipality VUA peL N bf.J2- County
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
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NOILTH of- O\.-D \-\----DPi:wtu...
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6.
4/110 ~~. Ft DPhLcl ~\C\~ 0Y1 _ 4 1.~3 ^\/<-
~ ~ 2c-A-I'J VI sty. c,~, ~~"'- o~ LUcx:>f'
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7. AMOUNT OF LAND A,FF CTED: I 4-
Initially ~ acres Ultimately ----I . '3 '3 - acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE. RESTRICTIONS? r
o Yes ~o If No, describe briefly PrDpD~ d ff ~ 1 c-....1 J S<-f-b '" vk. 0 r 2. 0 ~
wlu1t- 5b F:1'. I S ~~ 91..(. tLL.! \ f\ \-t.B Lc i\ <L
o Modification/alteration
5.
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
o Residential 0 Industrial ~ Commercial
Describe:
o Agriculture
o Park/Forest/Open space
o Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
~es 0 No If yes, list agency(s) and permit/approvals
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11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALlO PERMIT OR APPROVAL.
o Yes ~ No If yes, list agency name and permit/approval
12. AS A RESULT PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
o Yes No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Signature:
Date:
1.?-i- oS
Applicant/sponsor
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
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TOWN OF WAPPINGER
P.O. Box 324 - 20 MIDDLEBUSH ROAD
W APPINGERS FALLS, NY 1 2590
Zoning Board of Appeals
Office: 845.297.1373 N Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
Application for an Area Variance
Appeal #
o~ -7258
Dated:
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TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I~e), f.\ bE-t...t (\~~Ol\t..-rt.s. lN0 residing at C>t::>)G Kzcr
1.()A.PP~~bu...s fA\1~ ~ NY , 1.l-).<J1- Ycf't3(phone),herebyappeal
to the Zoning Board of Appeals frdm the decision/action of the Zoning Administrator,
dated , 200_, and do hereby apply for an area variance(s).
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Printed: . ... .... . C1j
2. Variance(s) Request:
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.
~~Ddl37
(Indicate Article, Section, Subsection and Paragraph)
Required: 5"0~"'" ~,j\ "It. q....t:> $f:l"e:.A..CK.
Applicant(s) can provide: ~ rl
Thus requestinB: ~~ F1' H2..o..uc '1ALb St.."l$Ac\L
To allow: (Lo Po'>. DFhcfi:..- S'^-"..[) I N (-1"'
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TOW022ZBA-AA V (4-03 Rev) I of 4
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Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
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Varia
I(We) hereby app the Zoning Board of Appeals for a variance(s) of the following
requirements of the Zon
Req u ired:
Applicant(s) can provide:
Thus requesting:
To allow:
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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? Ple?\se explain your answer in detail.
PrDf~c1 vcdl Qrt U re '-c:> "'" ~ckd by fJfq"ILJ ~oc-..rc!'
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.
~o.u J 'leU i u, u- /'L~ ok,",-,-....LJ be> ?/~~4-::J -$CJ,v--d.
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.
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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.
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TOW022.lBA-AA V (4-03 ReY) 2 of 4
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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.
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F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
4. List of attachments (Check applicable information)
( ) Survey Dated
Prepared by
, Last Revised
and
() Plot Plan Dated
() Photos
() Drawings Dated
() 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:
CXZ Other (please list): .s~k Plc...-
5. Signature and Verification
Please be advised that no application can be deemed complete unless signed below.
The applicant hereby states that all information given is accurate as of the date of application.
SIGNATURE uJ~ JC J ^ 1-./
(AP~~:;;J" 1
DATED:
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SIGNATURE
DATED:
(If more than one Appellant)
TOW022.ZBA-AA V (4-:03 Rev) 3 of 4