06-7295A & B
TOWN OF WAPPINGER
ZONING ADMINISTRATOR
TATIANA LUKIANOFF
February 28, 2006
To: Chris Masterson
Town Clerk
ZONING DEPARTMENT
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-6257
FAX: (845) 297-4558
RECEIVED
MAR 0 8 2006
TOWN CLERK
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Trans Star Enterprises
Appeal No. 06-7295 A & B
Attached you will find the original Application/Decision & Order
for Trans Star Enterprises, 783 Old Route 9 North, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Trans Star Enterprises
Zoning Board
Town File
Town Attorney
Building Inspector
Mr. John Sarcone
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOlONI
ROBERT L. VAlDATI
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
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;f;- AHEfiDED *
Application for an Area Variance
ZONING.
TOWN OF \\;'/\ ", !
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Appeal #
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Dated:
January 20, 2006
TCJ THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I(~), TRANS STAR ENTERPRISES. INC. residing at 783 Old Route 9 North;
Wapplnger Falls, New York 12590 , 845-298-7674 (phone), hereby appeal
anningto the Zoning Board of Appeals fromtAe~altEl!l~tOec~gJ:~~, a referral by the
Board dated January 18 , 200~, and do hereby apply for an area variance(s).
Premises located at __.,,783.01d. Rocte 9'North
Tax Grid # 6158-04-:H-o.3tr-!5 .., I (J 30
Zoning District HB - 1 - A
1. Record Owner of Property Trans
Address 783 Old Route 9 North
Phone Number 845- 298 7674
Owner Consent: Dated: ,J-20-2006
Sta~.Enterprises, Inc.
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Signature: ....-~.
Printed: JO_~ President
/
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.
Lot Area Variance of .516 Acres 240.70.A
(Indicate Article, Section, Subsection and Paragraph)
Required: 2.0
Applicant(s) can provide: 1.484
Thus requesting: .516
To allow: Site Plan approval
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TOW022.ZBA-AA V (4-03 Rev) I of 4
~
Town of Wappinger Zoning Board of Appeals
i 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.
Garage Doors
(Indicate Article, Section, Subsection and par.agra
Required: "\ __ a.(tt e c\. 's. (...5
Applicant(s) can provide: -.-~:- "~---I~---' .' '_". ~.T-;.. r:LJ).
Th us req uesti ng: G\;!, ~0-.-.t.tJ'/Jj.1.1fLSJgd""'rwdQ,{)\... ti'n .I 1)
To allow:~.f1::rl.d _J ~
:; if 0 .r 70C!-
J~,ud;.~
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?lse explain your answer in detail.
No Change - Pre-existing, non-conforming' use. No negative impact. We are
simply seeking to be in compliance.
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.
Need the variance as a condition to Site Plan approval on application pending
before the Town Planning Board.
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 change is unsubst::mti::l1 nl1l'> rn tl-t~ fa~t th::lr i r i ~ a pre-existing,
non-conforming use.
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 impact as stated preyiously pre-existing.
TOW022,ZBA.AA V (4-03 Rev) 2 of 4
Town of Wappinger Zoning Board of Appeals
i 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.
Planning Board recommendation. The difficulty is not self-created as the
use existed prior to zoning.
F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
Property not unique.
4. List of attachments (Check applicable information)
(~ Survey Dated
Prepared by
1-9-06 , Last Revised 1-9-06
T. Charles Boolukos. P.L.S.
and
() Plot Plan Dated
() Photos
() Drawings Dated
(X) Letter of Communication which resulted in application to the ZBA.
(e.g., recommendation from the Planning Board/Zoning Denial)
Letter from Planning Board Attorney Dated: 1-20-06
Letter from Dated:
() Other (please list):
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
~~
(If more than one Appellant)
DATED: / -.;zt:7 - tIC
SIGNATURE
DATED:
TOW022.ZBA.AA V (4.03 Rev) 3 of 4
"
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No. On-7?Q') 1\ & B
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) / Qc ) 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) / ( ) IS (ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL 1& ) WILL NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty ( ) IS / (x) 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 the following two variances:
1. Section 240..70 'A . where 2 acres is required. the applicant can provide
1.484 acres. The board nas granted a variance for .516 of an acre for required
lot size.
2. Section 240.70 C. where no garage doorR are to face the Rtreet, the hoard haR
granted a variance as this is an existing condition.
(X) Findings & Facts Attached.
DATED: February 28, 2006
BY:
PRINT:
TOW022.ZBA-AA V (4-03 Rev) 4 of 4
PROJEC-r 'I~ NUMBER
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617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
( To be completed by Applicant or Project Sponsor)
SEQR
PART 1 . PROJECT INFORMATION
1. APPUCANT; SPONSOR 2. PROJECT NAME
Trans Star Enterprises, Inc. Application for Site PaIn approval
3.PROJECT LOCATION:
Municipality Wappinger Falls County Dutchess
4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks ete - or provide map
783 Old Route 9 North, Wappinger Falls, New York 12590
5. IS PROPOSED ACTION: [!] New o Expansion o Modification; alteration
6. DESCRIBE PROJECT BRIEFLY: Pre-existing, non-conforming uses of 10,000 Sq. Ft. building
and space (see attached plan) - Applicant seeking site plan and variance
approval per a Stipulation between the Town and the Applicant and Order of
the Dutchess County Supreme Court.
7. AMOUNT OF LAND AFFECTED:
Initially 1 . 4 8 4 acres Ultimately 1. 484 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
~Yes o No If no, describe briefly:
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9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
D Residential [!J Industrial [!] Commercia,' DA9riCulture D Park I Forest; Open Space D Other (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
Dyes KiI No If yes, list agency name and permit; approval:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes ~NO If yes, list agency name and permit ; approval:
1G~ A ~,LT OF PROPOSED ACTION WILL EXISTING PERMIT; APPROVAL REQUIRE MODIFICATION?
es x 0
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant ; ~~~ Trans Star Enterprises, Inc. Date: 1-20-06
~~~ -,..
Signature / _'c"
~ePh "Tfoyce, President
If the action Is a Costal Area, and you are a state agency,
com lete the Coastal Assessment Form before roceedln with this as
p
p
9
sessment