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05-7284 TOWN OF WAPPINGER ZONING ADMINISTRATOR TATIANA LUKIANOFF ZONING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6257 FAX: (845) 297-4558 December 15, 2005 To: Chris Masterson Town Clerk From: Barbara Roberti, Secretary Town of Wappinger Zoning Board of Appeals Re: Verizon Wireless/ORP New Hackensack Appeal No. 05-7284 SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Attached you will find the original Application/Decision & Order for Verizon Wireless/ORP New Hackensack, 80 Airport Drive, Wappinger Falls, NY. I would appreciate it if you would file these documents. Attachments cc: Verizon Wireless Zoning Board Town File Town Attorney Building Inspector RECEIVED DEe 1 5 2005 TOWN CLERK TOWN OF WAPPINGER P.O. Box 324 - 20 MIDDLEBUSH ROAD W APPINGERS FALLS, NY 1 2590 I :< { , ; , Zoning Board of Appeals Office: 845.297.1373 IV Fax: 845.297.4558 Zoning Enforcement Officer Office: 845.297.6257 www.townofwappinger.us Application for an Area Variance Appeal # n5 oJ 72- <;{ 1 /).. Dated: October ,2005 TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: I(We), * Verizon Wireless residing at 175 Calkins Road Rochester, New York 14623 ,585 - 321 - 5461 (phone), hereby appeal to the Zoning Board of Appeals from the decision/action of the Zoning Administrator, dated N/A , 200.5-, and do hereby apply for an area variance(s). Premises located at 80 Airport Drive Tax Grid # 6259-04-647405 Zoning District Airport Industry District 1. Record Owner of Property MJD & Sons, Inc. Address 8 Andreas Court, Holmes, NY 12531 Phone Number _-_ Owner Consent: Dated: 7/13/05 Signature: See Attached Consent Printed: 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. 208-81 (8)(4 )(c)[2] (Indicate Article, Section, Subsection and Paragraph) Required: 750' distance between telecommunications facility and dwelling unit. Applicant(s) can provide: Between 542 to 749' (See attached plan). Thus requesting: Variance of l' to 208'. To allow: Telecommunications tower to be located within 750' of 7 existing dwelling units. * Orange County-Poughkeepsie Limited Partnership d/b/a Verizon Wireless TOW022.ZBA-AA V (4-03 Rev) 1 of 4 .. . r 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. N/A (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. No. Telecommunications towers, antennas and accessory structures are permitted in the Airport Industrialn District upon issuance of a Special Use Permit. According to the Visual Resource Evaluation, the visual impact of the proposed tower on the affected dwellinQ units will be insiQnificant. 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 upon which the tower is proposed has an approved site plan for construction and operation of a commercial building. The approved site plan limits the location of the tower facility on the property. 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. The requested variances are not substantial. The closest dwelling unit will still be more than 540' away from the tower. More importantly, the tower will be substantially screened from the dwelling units that are located within 750'. 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. No. Existing topographic conditions and the extensive mature trees that border the Property will substantially screen and block the view of the tower from the seven dwelling units that are located within 750' of the tower. TOW022.ZBA-AA V (4-03 Rev) 2 of 4 I :. '< . ( Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. E. How did your nee? for a~ area variance(s) come about? Is your difficulty self-created? Please explain your answer In detaIl. First, the location of the proposed site was dictated by local zoning requirements and the existing Verizon II Wireless network/infrastructure. The location of the facility within the Property was limited by the existing site plan approval granted by the Planning Board. The need for the variance was not self-created. F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. No. Any property in the neighborhood would require the same variance for the proposed use. The property in question, however, would require a minimal variance compared to the other properties in the neighborhood. 4. List of attachments (Check applicable information) o Survey Dated Prepared by , Last Revised and o Plot Plan Dated o Photos o Drawings Dated o Letter of Communication which resulted in application to the ZBA. (e.g., recommendation from the Planning Board/Zoning Denial) Letter from Per Planning Board at its October 3, 2005 meeting. Dated: Letter from Dated: o Other (please list): See attached Project Narrative and supporting materials. 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 SIGNATURE DATED: (If more than one Appellant) TOW022ZBA-AA V (4-03 Rev) 3 of 4 . Town of Wappinger Zoning Board of Appeals Application for an Areb'3~riance Appeal No. OS 7284 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 ( ) IS(ARE) / ex ) 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) / X ) IS(ARE) NOT substantial. 4. The proposed variance(s) ( ) WILL / ex ) WILL NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty 6c ) 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 six varainceR for ~hp ~i9tance between a 80 foot cell tower and six re~idences that fall 'eRR thRn 7~O fpP~ away The distances range from 543 feet to 640 feel: from the I:m.J~r ~o ~hp hnmP9 (x) Findings & Facts Attached. DATED: December 14. 2005 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK By~:;L ,/ -l7~ (Chairman) PRINT:V/c1OJ? L. ~ANUEtE TOW022.ZBA-AA V (4-03 Rev) 4 of 4 October 12,2005 Narrative pursuant to Town of Wappinger Zoning Law, Orange County-Poughkeepsie Limited Partnership d/b/a Verizon Wireless has made application to the Wappinger Planning Board for a Special Use Permit to install and operate a communications facility at the property described below. Proiect The Application for Special Use Permit was made in August, 2005. The Application requested permission to install and operate a telecommunications facility, including an 80' monopole tower, antennas, a 12' x 30' equipment shelter and related equipment and utilities. Access will be provided via the driveway for the proposed office building to be located on the Property. Need for Area Variance According to Section 240-81(G)(4)(c)[2] of the Zoning Law, a new tower shall not be located closer than 750' to a dwelling unit. The tower as currently proposed is located within 750' of seven (7) existing residences located off Hackensack Heights Road. We note that the closest residence to the tower is located approximately 542' away. The distances of each of the seven residences are set forth on the plans prepared by Tectonic Engineering, specifically Sheet R-l. For the reasons set forth below, granting of the variance requested will not be a detriment to the health, safety and welfare ofthe neighborhood. 1. The Variance will not result in an undesirable change in the character of the neighborhood or a detriment to nearby property owners. The property is currently located in an Airport Industrial ("AI") zoning district. . The Planning Board has recently granted site plan approval to construct and operate a commercial office building on the Property. According to the Zoning Law, telecommunication towers are permitted in the AI zoning. district upon issuance of a Special Use Permit. Based upon the Visual Resource Evaluation prepared for the Special Use Permit, the tower will be significantly screened by the existing mature vegetation that borders the Property. As such, the visual impact on the seven (7) identified dwelling units will be insignificant. 2. Alternative locations are not available. In order to meet the future needs of the town, the tower needs to be located in the general area of the property. Due to the existing configuration of the property (as approved during the recent site plan review), the tower cannot be relocated to meet the 750' set back requirement. Adjacent or nearby properties which would comply with CES 73255 the setback requirement and which meet the needs of Verizon Wireless do not exist. 3. The proposed variance is not substantial. According to the attached site plans, the nearest dwelling is located approximately 542' from the Tower. There is, therefore, no risk of damage to the seven (7) residential dwellings as a result of a potential tower failure or ice fall/debris. 4. The proposed variance will not result in an adverse impact on the physical or environmental conditions in the neighborhood. As indicated above, the distance between the tower and the closest residence is over 540'. This is more than enough distance to ensure that the residence will not suffer any physical damage in the unlikely event of tower failure or falling ice debris. We also note that our consultant has advised that due to existing topography and vegetative cover, the tower should not be visible from the seven (7) residential dwellings located within 750' of the tower. The consultant made this determination during the balloon test conducted as the request of the Planning Board. For the ZBA's convenience we have included a photograph taken during the balloon test from Hackensack Heights Road. The photograph illustrates the dense vegetative buffer that exists between the tower and the residences along Hackensack Heights Road. 5. The need for the variance is not self-created, but rather is the result of the existing Zoning Law as it relates to telecommunications facilities, the existing site configuration as approved during site plan approval and the overall need for a new facility in the general area. Enclosures Enclosed for the Zoning Board of Appeal's consideration are the following documents in support of our application. 1. Plan prepared by Tectonic Engineering and Survey Consultants which depicts the approximate locations of the seven (7) residential dwellings located within 750' of the proposed tower. 2. Copy of Special Use Permit Application form and Project Narrative submitted to Planning Board. 3. Copy of Full Environmental Assessment Form prepared for Special Use Permit Application. 4. Owner's Consent. CES 73255 ;.J 1 5. Photograph taken from Hackensack Heights Road looking towards the tower location. 2 3 , .. CES 73255 .... A. ", COOPER ERVING & SA V AGE LLP ATTORNEYS AND COUNSELLORS AT LAW TERRANCE P. CHRISTENSON THOMAS A. CALLAGHAN MICHAEL A. KORNSTEIN SUSAN CARROLL PICOTTE CRAIG H. NORMAN PHILLIP G. STECK KELLY L. MALLOY SCOTT P. OLSON DAVID C. ROWLEY dT~/813 JAMES FENIMORE COOPER ( 1888-1938) WM. VAN RENSSELAER ERVING (1925-1940) B. JERMAIN SAVAGE (1910-1952) THOMAS M. WHALEN, III (1958-2002) 39 NORTH PEARL STREET ALBANY, NEW YORK 12207-2797 (518) 449-3900 FACSIMILE (518) 432-3111 HENRY C. COLLINS COUNSEL IE-MAIL.:SOLSON@COOPERIERVING.COM DIRIECT DIAL.: (518) 432-3156 BRYAN M. CLENAHAN BRIAN W. MATULA. AMANDA A. AVERY "AL.SO ADMITTED IN VERMONT JAMES G. BRENNAN RICHARD R. ROWLEY SENIOR COUNSEL October 12, 2005 Of3'.,., li r-., ,~ I) ~ ...... ') n.I.-,e ~ ! [UUJ VIA FEDERAL EXPRESS Town of Wappinger Zoning Board of Appeals 20 Middlebush Road Wappinger Falls, New York 12590 Re: ORP New Hackensack - Application of Verizon Wireless for an Area Variance Dear Sir/Madam: Our office represents Orange County-Poughkeepsie Limited Partnership d/b/a Verizon Wireless in connection with the above referenced matter. In August 2005, Verizon Wireless submitted an Application for Special Use Permit to the Wappinger Planning Board to install and operate a telecommunication facility located at 80 Airport Drive, Wappinger, New York. At the October 3, 2005 Planning Board meeting our office was informed that an Area Variance would be required pursuant to Section 240-81(G)(4)(c)[2] of the Zoning Law, which states that a new tower shall not be located closer than 750' to a dwelling unit. The proposed tower is located within 750' of seven (7) existing dwellings located off of Hackensack Heights Road. We are pleased to submit 7 copies of an Application for Area Variance Application along with supporting documentation. The application includes detailed site plans, a copy of Special Use Permit Form and Project Narrative to Planning Board, a Full Environmental Assessment Form, Owner's Consent and a photograph taken from Hackensack Road looking towards the proposed tower location. ~ Wappinger Zoning Board of Appeals October 12, 2005 Page 2. Also enclosed is our payable to the Town of Wappinger in the amount of $250.00, which represents the application fee for the Area Variance. Upon receipt of the enclosed Application, please kindly schedule this Application for the next available Zoning Board of Appeals meeting which I believe is November 22, 2005. If you have any questions concerning this letter or the Application in general, please feel free to contact me at the number above. Very truly yours, COOPER ERVING & SAVAGE LLP /) SPO:vab Enclosure cc Randy Wilson CES 73525