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07-7359 TOWN OF WAPPINGER 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 November 13, 2007 RECE\VED NOV 3 0 2007 TOWN CLERK To: Chris Masterson Town Clerk From: Barbara Roberti, Secretary Town of Wappinger Zoning Board of Appeals Re: Potter Bros Decision Appeal No. 07-7359 Attached you will find the original ApplicationlDecision & Order for Potter Brothers, 1083 Route 9, Wappinger Falls, NY., Tax Grid No. 6156-02- 710924. I would appreciate it if you would file these documents. Attachments cc: Mr. Dan Potter Mr. John Lawrence Zoning Board Town File Town Attorney Building Inspector Zoning Administrator TOWN OF WAPPINGER P.O. Box 324 - 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 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 # 07 -73'Scr Dated: IO-G-G7 TO TH~ING BOARD OF APPEALS, TOWN ~F WAPPINGER, NEW YORK: . J(We), · ~li3r<o~s reSidingat~AI..1 ~/i:-~ . , ---:....- _- (phone), hereby appeal to the Zoning Board of Appeals from the decision/action of th~ Zoning Administrator, dated , 200_, and do hereby apply for an area variance(s). Premises located 9t Tax Grid # ~l Zoning District Signature: Printed: 1. Record Owner of Prop. Address Phone Number - Owner Consent: Dated ( 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. d LJ fA) R/JUA- ~ raM (Indicate Article, Sectio Required: \ 5; Applicant(s) can provide: Thus requesting: To allow: TOW022.2BA-AAV (4-03 Rev) I of4 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. 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 ch~nge? Will any of those changes be negative? Ple~se explain your answer in detail. I.: W I~ SJ~ W~ au _tJ&i'ldC (Joa) f}j~@s ItJ OV~ 'S~s 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. w~4~~3.#~fJ -~~lt~/?~q2'\D~ _UJrt Ltjnvlp 1J/1~ ~ 1ffU- Firw t'ob5 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. ~~Uf~,;pj1nu) fYlm kw.sf,{}€SS F6L US ~ r?[)~ ~.Q WOcJllfhftU/UG UMftil.l601 SrccvtdI-r lIT TIt N/6#T- WIl woolf) GeT ft S/J/~IEssT.Bl(W/ TOW022.ZBA-AAV(4-03 Rev~~It.LEss sf/J<i:s CJJcT SeJ/lJ2. tJJ/y lis (!AlLE/) Sf/J:i,tcSS 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. C f+ 0 F. Is your pro erty unique io 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 ( ) Plot Plan Dated ( ) Photos ( ) Drawings Dated , Last Revised and ( ~ Letter of Communication which resulted In application to the ZBA. ~ ?{? ~ ~ (e.g., recommendation from the Planning Board/Zoning Denial) 0- - <r-- Letter from Dated: Letter f m Dated: . Other (please list): ~+o a J2 ~ t ?--Tfl.. Sf67 5. Signature and Verification Please be advised that no application can be deemed complete unless signed below. The app~.ca-n y states that Qtlon given is_accurate as of the date of application. ~ DATED{6 /, /' ir--J (Appellant) ~ DATED: 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. 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) (X) IS (ARE) / ( ) 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 (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 ex ) GRANTED () DENIED. Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution of the Board as part of the action stated above: Motion to grant the following variances with conditions. ] . A tent sized at no larger than 20' X 70 ' ( ] ,400 sf ). 2. No more than 5 sales events a year. These variances are conditionally granted for a duration of one year. At the end o~ that year the applicant may re-apply to the ZBA to make the above vanances permanent for Potter Bros. These variances end with Potter Bros and are not transferable. (X) Findings & Facts Attached. DATED: November 13. 2007 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK BY:.~/~~~ (Chairman) PRINT: lI(c-ro~ I.. ~/JNLlcLE TOW022.ZBA-AA V (4-03 Rev) 4 of 4 t PROJECT rp NUMBER PART 1 . PROJECT INFORMATION 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only (To be completed by Applicant or Project Sponsor) . PROJE T NAME SEQR 3.PR JECT LOCATION: /J_ Municipality 0 f3 K.... ~ 4. PRECISE LOCATION: Street Acldess and Road Intersections. Promine ~ New 0 expansion 0 ModIficatiOflI alteration 6. DESCRIBE PROJECT BRIEFLY: ~~ ?Jo'l-/j ~~ ,5 7. AMOUNT OF LAND AFFECTED: Initially acres 8. WILL PROPOSED ACTION COMPLY ~Yes 0 No Ultimately acres WITH EXISTING ZONING OR OTHER RESTRICTIONS? If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) o Residential 0 Industrial ~ommercial DAgriculture 0 Park I Forest I Open Space o Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Stale or Local) Dyes ~ If yes, list agency name and permit I approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes ~ If yes, list agency name and permit I approval: EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION? ID KNOWLEDGE IS TRUE TO THE BEST OF If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment .. /If{)) 01- 7359 zM ~WN OF WAPPINGER ~-- --- FIRE INSPECTOR MARKJ.L1EBERMANN ~...I-.O~.~..~~.~.~.: [:~(iiC '.~. !~\ \\ c:. ~~ l~~~~~ ./~~ ~~!SS C()// --~:..:-~ SUPERVISOR JOSEPH RUGGIERO DIRECTOR OF CODE ENFORCEMENT GEORGE A. KOLB JR. ZONING ADMINISTRATOR TATIANA LUKIANOFF CODE ENFORCEMENT DEPARTMENT 20 MIDDLE BUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-6256 FAX: (845) 297-0579 TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI Date: September 27, 2007 TO: Mr. Dan Potter, President Potter Brothers Ski and Patio 57 City View Terrace Kingston, New York 12401 Re: Temporary Outdoor Sales / Promotional Events Permit Lawrence Plaza 1083 Route 9 Wappingers Falls, new York 10590 Grid# 6156-02-710924 Dear Mr. Potter: Your letter of application, dated September 26, 2007, for a permit to conduct a Temporary Outdoor Sales Permit for the above referenced location is hereby DENIED on the basis of Sections 240-59 A. and 240-59 H. of the Town of Wappinger Zoning Law, which stipulate the following: Section 240-59A. states that "No structures or combinations of structures for said temporary use shall excess 1,000 square feet in gross floor area" where you propose to use a 30' x 75' tent which would equal 2,250 square feet. Section 240-S9H. limits the maximum times per year to three (3) for such permits where you propose to have five (5) such sales events per year. Please be advised that Section 240-59H(4) requires the location of the tent to conform to all required setbacks for the district in which it is located. Therefore, being in the HB zone, the distance of the tent from the property's front lot line on Route 9 must be at least 75' because Route 9 is a state highway. You have the right to appeal this decision to the Zoning Board of Appeals within 60 days of the date of this letter. The Zoning Board of Appeals meets the second and fourth Tuesday of the month. The area variance appeal will require at least two meetings, one for discussion and one for a Public . Hearing. I enclose the necessary forms for your appeal. . Yours truly, 0\ Cc: Kim Lawrence