05-7280
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TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
October 13,2005
To: Chris Masterson
Town Clerk
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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: DCH Investments, Inc.
Appeal No. 05-7280
Attached you will find the original ApplicationJDecision & Order
for DCH Investments, Inc., Old Route 9, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: DCH Investments, Inc.
Lawrence Paggi Engineering
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
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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 ^' Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
Application for an Area Variance
Appeal #
05 - 7agO
Dated: September 21, 2005
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I(We), DCH Investments, Inc. residing at 955 Route 9 North
South Ambov, NJ 08879 , 132..-7Z7 - 9168 (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 Old Route 9
Tax Grid # 19-6157-02-567678 / 558657
Zoning District HE
1. Record Owner of Property Greer Nine Realty Group
Address 1 6 Bannennan View Drive, Newburqh; NY 12550
Phone Number 845- 216-9000 ~ ~
Owner Consent: Dated: lJ- c;; 3:'-0 5 Sign~ture:' . ;, _ ~~
Pnnted:~__
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.
Article VIII, 240-70 Paragraph C
(Indicate Article, Section, Subsection and Paragraph)
Required: Overhead qaraqe doors shall not be~i'lt:Prl frlC"'; ng rlny '?tr",et
Applicant(s) can provide:
Thus requesting:
To allow: One overhead qarage door to be located facinq Old Route 9
, .
TOW022.ZBA-AA V (4-03 Rev) 1 of 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.
(Indicate Article, Section, Subsection and Paragraph)
Required:
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, 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.
The character of the neighborhood will not change since properties in this area
have similar features. The existing TOyota Dealership and another repair garage
currently located on Old Route 9 have overherld gar~ge dmrs t.hat face a street.
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 property is limited as to where the proposed building may be located due to
steep slopes and a Town wetland buffer fran a wetland area on the adjacent parcel
to the North. The operations within the building require vehicles to irrnnediately
enter the building, where they are checked in for service.
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.
One overhead garage door located in the front of the building facing the street
is not considered to be substantial, especially when, as stated above, similar
characteristics are found on surrounding properties in this neighborhood.
D. If your variance(s) is(are) granted, will the physical environmental conditions in the
neighb()rhood or district be impacted? Please explain, in detail, why or why not.
No, as stated above similar characteristics are found on surroundinq properties
in this neighborhood.
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.
As explained in item B - ThA prnpArry ;~ l;m;r~n ~~ to
where the -proposed building may hA lnr.ar~n nll~ rn 9r~E'p
slopes and a town wetland hllffAr frnm a w~rl~nd area on the
adiacent parcel to the North.
F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
The property is uniquA in thA nA;ghhnrhnn~.
in that it contains both steep slopes and Town
Wetland Buffer Area.
4. List of attachments (Check applicable information)
( ) Survey Dated , Last Revised and
Prepared by
( ) Plot Pia n Dated
( ) Photos
(X) Drawings Dated 9-21-05
() 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:
() Other (please list):
S. 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
';/.. L. t ~-).\}... .I . ~
(Appellant)
DATED: 't..~/" 05'"
SIGNATURE
DATED:
(If more than one Appellant)
TOW022.ZBA-AA V (4-03 Rev) 3 of A
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No. 05-7280
FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / ( X) 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 ex ) IS(ARE) / ( ) 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) ( ) IS(ARE) / ex ) IS(ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL / (X) WILL NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty (X) 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 following conditions and/or stipulations were adopted by resolution of
the Board as part of the action stated above:
The bonillg Board of Appeals has "oted to grant a ",no; <In"", al IOTJ;T1g <In
overhead door to g~ placed ill the front of rh'" n",TJ proros~d b'lild;ng fnr DeB
Preparation Cellter. This Oll~ olT~rh~ad door will face Old BO'lt~ 9
(X) Findings & Facts Attached.
DATED: Ostoger 12. 2005
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:~ -7' ;Z~
~ (Chairman)
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PRINT: Vie lof? J.. FA,Nu f L E
TOW022.ZBA-AA V (4-03 Rev) 4 of 4
00 @ @ @ 0 W [g [Q)SEQR
SEP 2 3 2005
617.20
Appendix C ZONING ADMINISTRATOR
State Environmental Quality Review TOWN OF WAPPINGER
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART 1 - PROJECT INFORMATION ITo be com Dieted b A . or Pr . nsor'
1. APPLICANT/SPONSOR: DCH INVESTMENTS, INC. 2. PROJECT NAME: SITE PLAN FOR DCH PREP & SERVICE
CENTER
3. PROJECT LOCATION:
Municipality TOWN OF WAPPINGER County DUTCHESS
4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc., or provide map)
OLD ROUTE 9. REFER TO MAP.
5. PROPOSED ACTION IS:
l&INew DExpansion o Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
PROPOSED SITE PLAN TO CONSTRUCT 13,406 SQ. FT. PREPARATION AND SERVICE CENTER ON THE AUTO DEALERSHIP'S
EXISTING AUTO INVENTORY SITE.
7. AMOUNT OF LAND AFFECTED:
Initially 3 1 Q +1- acres Ultimately 3 1Q +1- acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
l&IYes DNo If No, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
l&I Residential Dlndustrial l&ICommercial DAgricultural DParklForest/Open space DOther
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR UL TIMATEL Y FROM ANY OTHER GOVERNMENTAL
AGENCY (FEDERAL, STATE OR LOCAL)?
l&IYes DNo If yes, list agency(s) name and permit/approvals SITE PLAN APPROVAL - TOWN OF WAPPINGER PLANNING
BOARD; WATER SUPPLY & SEWER SYSTEM APPROVAL - DUTCHESS COUNTY HEALTH DEPARTMENT; VARIANCE - TOWN
OF WAPPINGER ZONING BOARD OF APPEALS
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes l&INo If yes, list agency(s) name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
DYes 1&1 No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor name: nCH INVF~TMFNT~ INC Date: Cf -d/ ~ Dr
Signature: 'I.. tn.~ II~~
If the action is in a Coastal Area, and you are a state agency, complete a
Coastal Assessment Form before proceeding with this assessment
OVER
1
LAWRENCE J. PAGGI, P.E. P.C.
.consulting Engineering
Suite 205 Plaza 9
1070 Route 9
FISH KILL, NEW YORK 12524
(845) 897-2375
FAX (845) 897.2239
TO T O\NY\ of
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DATE
2-05
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RE:
1l1-G/5T- 0"2.- S ~ r r;, 7-g
lq~GIS 7- - O?--- 5'3<6 GSr
WE ARE SENDING YOU ~ttached 0 Under separate cover via -HAc-J f') ~I ,~::j)le following items:
>
o Shop drawings 0 Prints ~ Plans 0 Samples 0 Specifications
o Copy of letter
o Change order
o
COPIES
DATE
NO.
DESCRIPTION
THESE ARE TRANSMITTED as checked below:
>
o For approval
;tJ.. For your use
o As requested
o Approved as submitted
o Approved as noted
o Resubmit
copies for approval
copies for distribution
o Submit
o Returned for corrections
o Return
corrected prints
o For review and comment
o
o FOR BIDS DUE
o PRINTS RETURNED AFTER LOAN TO US
REMARKS
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. ZONING ADMINISTRATOH
'IlJI.A I TOWN OF WAPPINGER
COPY TO
SIGNm~YV\tI_ ~
If enclosures are not as noted, kindly notify us at once.