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06-7332 " TOWN OF WAPPINGER " t.. ~)' . t1" \ H~.L ,'J;f' . "~ ZONING BOARD OF APPEALS SUPERVISOR JOSEPH RUGGIERO ZONING BOARD OF APPEALS 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-1373 TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI R~C, C C'... i' " ~ . . f 'if L:: t) FEe? 4"".~_,,,, lUUI T()'~IN CLERk February 13, 2007 To: Chris Masterson Town Clerk From: Barbara Roberti, Secretary Town of Wappinger Zoning Board of Appeals Re: Tech Air Site Plan Decision Appeal No, 06-7332 Attached you will find the original Application/Decision & Order for Tech Air Site Plan, 1123 Route 9, Wappinger Falls, NY., Tax Grid No. 6157-04-671026. I would appreciate it if you would file these documents. Attachments cc: Mr. Larry Paggi Mr. Don Swartz Zoning Board (fownFil~ . Special Counsel Planning Board Town Attorney Town Planner Town Engineer Building Inspector . '. 1 Town of Wappinger Zoning Board of Appeals Application for an Area~~~c25 Appeal No. ~ ~ TOWN OF WAPPINGER P.O. Box 324 - 20 MIDDLEBUSH ROAD W APPINGERS FALLS. NY 1 2590 Zoning Board of Appeals Office: 845.297.1373 rv Fax: 845.297.4558 Zoning Enforcement Officer Office: 845.297.6257 www.townofwappinger.us ! D~ 17:1 / IJ U L'. f\ .1 \ lCifJiNb ,....~!..;idSTRATOR TOWN Of WAPPINGER Appeal # Application for an Area Variance t1o' rr332{1Il=-lF) Dated: October 25.2006 TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: I(We), Myles P. Dempsey. Jr.. of Tech Air residing at 50 Mill Plain Road. Danbury. CT 06811 ' 203-731-8981 (phone), hereby appeal to the Zoning Board of Appeals from the decision/action of the Zoning Administrator, dated , 2002, and do hereby apply for an area variance(s). Premises located at 1123 Route 9 (Corner of Route 9 & Smithtown Road) Tax Grid # 6157-04-671026 Zoning District (HO) Highway Office 1. Record Owner of Property Myles P. Dempsev. Sr. Address 465 Knollwood Road. White Plains. NY 10603 ~ Phone Number 203-792-1834 ~ Owner Consent: Dated: ~r(j-d1~ Signature: ~-~:t-- Printed: M Ie . ~ ~ fuL_ ~ 2. Variance(s) Request: Variance No.1 - A 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. District Regulations in an HO Zoning District (Indicate Article, Section, Subsection and Paragraph) Required: Lot Area of 1 Acre Applicant(s) can provide: A Lot Area of 0.51 acre Thus requesting: A variance of 0.49 acre where a lot area of 1 acre is required To allow: For a pre-existing condition TOW022.ZBA-AA V (4-03 Rev) 3 of 4 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. Variance No. 2 ~ b 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. District Regulations in an HO Zoning District (Indicate Article, Section, Subsection and Paragraph) Required: Lot Width of 150 Feet Applicant(s) can provide: A Lot Width of 87 Feet Thus requesting: A variance of 63 feet where a lot width of 150 feet is reauired To allow: For a pre-existina condition Variance No. 3- ll- 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. District Reaulations in an HO Zonina District (Indicate Article, Section, Subsection and Paragraph) Required: Front Yard Setback from Front Lot Line of 50 Feet alona Smithtown Road Applicant(s) can provide: A Front Yard Setback from Smithtown Road of 5' Thus requesting: A variance of 45' from Smithtown Road To allow: The corner of the oroposed buildina to be located 5' from the oroperty line along Smithtown Road Variance No. 4- cL 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 240-21 (Yards and Setbacks). Paragraoh C. (Indicate Article, Section, Subsection and Paragraph) Required: On a Corner Lot. a side vard on a side street eaual in deoth of the required front yard setback. in this case. 50 Feet is reauired Applicant(s) can provide: A side yard setback of 15 Feet from Route 9 side of propertv Thus requesting: A variance of 35 Feet To allow: The oroposed buildina to be located 15 Feet from the side property line that runs along the Route 9 side of the parcel Variance No. 5.- e 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. District Regulations in an HO Zonina District (Indicate Article, Section, Subsection and Paragraph) Required: A Side Yard Setback of 10 Feet Applicant(s) can provide: A side yard setback of 5 feet Thus requesting: A variance of 5 feet where a side vard setback of 10 Feet is reauired To allow: The oroposed buildina to be located 5 Feet from the side prooerty line. TOW022.zBA-AA v (4-03 Rev) 3 of 4 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. Variance No.6 _.f' I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following requirements of the Zoning Code. Article X, Section 240-97. Schedule of Off-Street Parkina Requirements (Indicate Article, Section, Subsection and Paragraph) Required: 21 Parking spaces for Retail Business Including Offices and Storage Applicant(s) can provide: Parking soaces for 11 Vehicles Includina 1 Handicap 50ace Thus requesting: A variance of 10 parking soaces where 21 parking spaces are required To allow: 11 oarking soaces where 21 spaces would be required. 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 neiahborhood will not change since the existina and adiacent properties have similar features. In addition, the existing parcel and building is considered non-conformina since it does not meet current setbacks requirements and is closer to Route 9 then the prooosed buildina. This lot and existing business have been in existence for many years. 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. A site plan has been develooed to redesian the current showroom and storaae area for the existina business, which will make access to the lot and traffic movement within the site safer. The prooertv is limited as to where the oroposed building. associated parkina and storaae areas may be located due to the Darcel size and the current zoning requirements. The current confiquration is not visually appealinq along the Route 9 corridor and the variances would allow for the closure of the access from Route 9 to direct traffic to the side street and create a more desirable site layout. 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 setbacks requested are not considered to be substantial since the existing building and the adjacent building are currently closer to Route 9 and Smithtown Road then the new buildina is oroposed. 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. as stated above similar characteristics are found on the adjacent parcel. Furthermore. existing outdoor storage will be located entirely within the oroposed new buildina. TOW022.ZBA-AA V (4-03 Rev) 3 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 exolained in Item B above. a site plan has been developed which creates safer access to the site and more manageable movement within the site for customers. The existinq site imorovements predate current zoning. The hardship is not self-created since it is improvinq an existing non-conforming situation. The property is limited as to where the proposed building. and associated parkinq may be located since it is a small parcel that does not meet current zoning requirements. F. Is your property unique in the neighborhood that it needs this type of variance? Please explain your answer in detail. The site is unique in that it is an existing non-conforming corner lot. The proposed site plan will improve conditions by moving the building away from Smithtown Road. locating stored product inside the building and by creating safer traffic patterns. 4. List of attachments (Check applicable information) ( ) Survey Dated Prepa red 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: ( ) 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. DATED: psey, Jr. DATED: 10 fSi) Jo~ SIGNATURE SIGNATURE (If more than one Appellant) TOW022.ZBA-AA V (4-03 Rev) 3 of 4 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. C;&;-?33Z FOR OFFICE USE ONLY 1. The requested variance(s) ( ) WILL / 6c) WILL NOT produce an undesirable change in the character of the neighborhood. ( ) YES / 00 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) ~) IS(ARE) / ( ) 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 (C) IS f ( ) IS NOT self-created. 6. The property ( ) IS / (~ IS NOT unique to the neighborhood. Conclusion: Ther€fore., 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 six variances: lA- Where a lot area of one acre is reauired. the applicant is proposing a lot area of .51 of an acre. thus reauestinl! a variance of .49 acre. 2B- Where a lot width of 150 feet is reauired. the applicant is proposing a lot width of 87 feet for a pre-existinl! condition. thus reauestinl! a variance of 63 feet. 3C-Where a front yard setback of SO feet is reauired alonl! Smithtown Road, the applicant is proposing a front yard setback of 5 feet for the corner of the proposed buildinl! from the propertv line. thus reauestinl! a variance of 45 feet. 4D:Where 50 feet is reauired on a corner lot for a side vard setback eaual in depth ofthe front vard setback. the applicant is proposing a side yard setback of 15 feet from the Route 9 side ofthe property. thus reauestinl! a variance of 35 feet. The proposed building is to be located 15 feet from the side property line that runs along Route 9. SE-Where a side vard setback of 10 feet is reauired. the applicant is proposing a side vard setback of 5 feet for the proposed buildinl! from the property line. thus reauestinl! a variance of 5 feet. 6F- Where 21 parkinl! spaces are reauired for retail business includinl! offices and storal!e. the applicant is proposing 11 vehicle spaces includinl! 1 Handicap Space. thus reauestinl! a variance of 10 parkinl! spaces. DATED: li'phrl1;:Jry 1 '~. ?007 (X) Findings & Facts Attached. ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK BY:~/~~ (Chairman) PRINT: V I abl t - FA#Ii,€t~ TOW022.ZBA-AA V (4-03 Rev) 3 of4 14-16:4 (9/95) - Text 12 rROJECr1oD.NUMBER SEaR 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION 1. APPLICANT/SPONSOR: TECH AIR - MYLES P. DEMPSEY, SR 2. PROJECT NAME: VARIANCE APPLICATION FOR SITE PLAN 3. PROJECT LOCATION: Municipality TOWN OF WAPPINGER County DUTCHESS 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc., or provide map) 1123 ROUTE 9 - CORNER OF SMITHTOWN ROAD AND ROUTE 9. 5. PROPOSED ACTION IS: DNew DExpansion [8] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: A SITE PLAN HAS BEEN DEVELOPED TO REDESIGN THE CURRENT SHOWROOM AND OUTSIDE STORAGE AREA FOR THE EXISTING BUSINESS. THE PLAN RELOCATES THE EXISTING BUILDING AWAY FROM SMITHTOWN ROAD, LOCATES OUTDOOR STORAGE WITHIN THE NEW BUILDING AND ELIMINATES ACCESS FROM ROUTE 9 TO DIRECT TRAFFIC TO THE SIDE STREET. 7. AMOUNT OF LAND AFFECTED: Initially 0.64 acres Ultimately 0.53 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? DYes [8] No If No, describe briefly VARIANCES ARE REQUIRED TO ALLOW FOR A REDUCED LOT AREA, LOT WIDTH, FRONT YARD SETBACK, SIDE YARD SETBACK ON A CORNER LOT, SIDE YARD SETBACK AND PARKING SPACES 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? DResidential Dlndustrial [8]Commercial DAgricultural DParklForest/Open space DOther Describe: Existing uses in the vicinity of the project include professional offices, commercial uses, restaurant and retail. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [8]Yes DNo If yes, list agency(s) name and permit/approvals SITE PLAN APPROVAL FROM THE PLANNING BOARD 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes DNo If yes, list agency(s) name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes DNo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Date: II -J/-~ C:. Signature: 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 14-16-4 (9/95\ - Text 12 . & 'A..DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. ._,_~EQ.B. DYes [8]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No a neaative declaration mav be suoerseded bv another involved aaencv. DYes [8] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOllOWING: (Answers may be handwritten, if legible,) C1. Existing 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? Explain briefly: Ves. Project proposes to discharge sanitary sewage effluent to groundwaters. Impact will be mitigated by providing appropriate separation between absorption area and groundwater. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:' NO C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habita~s, or threatened or endangered species? Explain briefly: NO C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: NO C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: NO C6. long term, short term, cumulative, or other' effects not identified in C1~C5? Explain briefly: NO C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: NO . D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? DYes [8]No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TOBE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes [8]No If Yes, explain briefly: 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 (I.e. urban or rural); (b) probability of occurring; (c) 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 identified and adequately addressed. If question D of Part 11 was checked yes, the determination of significance must evaluate the potential impact of the nrooosed 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: Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date 2