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.
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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.
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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
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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
