08-7372
~--
TOWN OF WAPPINGER
SUPERVISOR
CHRISTOPHER J. COLSEY
PLANNING BOARD
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-1373
FAX: (845) 297-0579
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
June 26,2008
To: Chrig Masterson
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning
RECEIVED
JUL 0 1 2008
TOWN CLERK
Re: RJA Holdings, Inc. Decision
Appeal No. 08-7372
Attached you will find the original Application/Decision & Order for RJ A
Holdings, Inc., 51 Myers Corners Road, Wappinger Falls, NY., Tax Grid
No. 6259-03-410112. I would appreciate it if you would file these
documents.
Attachments
cc: Mr. Macho
Zoning Board
Planning Board
Town File
Town Attorney
Building Inspector
..
TOWN OF WAPPINGER
P.O. Box 324 - 20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
Zoning Board of Appeals
Office: 845.297.1373 tv Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
, , Application for an Area 'Variance
Appeal,#
t'J~ - 73'7.2
Dated:
ml /3;, Sl,M~
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
. ,
I(We),.'R.J ~A. Rold~ngs" Inc. residing' at 51 Myers Corners Road
Wappingers Falls" NY 12590 , 917.335- 2291 (phone), hereby appeal
to the Zoning Board of Appeals from the crex~]O.xl!action of the KOCJXIMOC~mnXiXOC~OOX, Plannning Boare
dated April 21 , 200L, and do hereby apply for an area variance(s). , Meeting'
Premises located at ~~ .)
Tax Grid # 19-n?,g-Oi-41? tv p~)
Zoning District R - 40
1. Record 0, wn,er of Property R.J .A. Holdings, Inc.~c/o Roh '!1 :ChO, ,
Address 51 Myers Corners 'Road, Wappingers Fal, 125?O
Phone Number917 - 335-- 2291 :
Owner Consent: Dated: N / A Signature: 7' --:--
Printed: Robert Macho
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.
Amended 9/24/01 LLil5 ~. )
240-20 Amended 4/28/03 LL#6 ,;240 -2.1) (A
(Indicate Article, Section, Subsection and Paragraph) ---'",
Required: Access over own frontage
Applicant(s) can provide: However through Federal Wetlands
Thus requesting: Variance to use " Common driveway" ,'n',
To aI/ow: For 2 driveways utilizing the existing driveway which now
passes through federal wetlands to allow existing driveway to be
used by the existing home after proposed lot line realignment.
** Use of a driveway not on the lots frontage.
TOW022,ZBA-AA V (4-03 Rev) I of 4
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.
(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
properi;ies change? Will any of those changes be negative? P1e?lse explain your answer in detail.
No change - will use existing driveway which now traverse/crosses
federal wetlands.
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.
Wish to use existing driveway to eliminate disturbance to
federal wetlands.
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.
Not a substantial variance - will result in less curb cuts; also,
will reduce federal wetlands disturbance since driveway to be used
is driveway in place.
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 physical change since new lot will use the existing driveway.
TO W022.ZBA-AA V (4-03 Rev) 2 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.
Proposed lot for which the common driveway is proposed is a
19.4 acre tract which has access onto New Hackensack Road through
federal wetlands &'the 100vear flood zone (which has to be crossed).
Utilizin~ a common access to this 19.4 acr~ ~~~:~: eliminating any
fllrth~r w~tl ;:mds di stllrh;::mrp -' not spl f infl..:.._____
F. Is your property unique in the neighborhood that is needs this type of variance?'Please explain
your answer in detaiL'
Yes - without this access we w.ould have to disturb. federal wetlands
& fill in the 100 year flood zone to gain access via New Hackensack
Road.
4. ListJf attachment~ (Check. applicable informatiO~)
('V( Survey Dated t-^D.^-\ lo d..c1)g, Last Revised
Prepared by ,\;2y} A(-:f' -^ ~ t--\I. b ~!J .l .
, 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.
5IGT~~:~:~cant ~rmation given is accurate a~:~~~~ d:;;ation.
(Appellant)
SIGNATURE
DATED:
(If more than one Appellant)
TOW022.lBA-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 ( ) 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 effector 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 ( 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:
Th~ 7.RA h~~ VOTPd to grant a variance to a"o~ ~ common dri"8wayto exist over another
dri"eway after a proposed lot l;np ;$ ('omr'PTPo.
ex) Findings & Facts Attached.
DATED: .Tune 10, 2008
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY: 1JP .~</J?)
(Chal man
PRINT:~m;.J~~~k
TOW022.ZBA-AA V (4-03 Rev) 4 of 4
. ,
rPROJECT "'0 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)
SEQR
1. APPLICANT I SPO~ 2.PROJECT NAM~ 4pp-,LJ .AJ.-~ IfIGnJT ~
R...f 4 h '/NbS ..zte "/0/#0.2.- 5v/WlUlqC),....J Z A1~ "'n~' 1/
3.PROJECT LOCATION:
Municipality ~ /OWA/ C{) fYP/ /lJGL~ County ".L)u~~
4. PRECISE LOCATION: Street Adcless and Road Intersections, Promi~nt landmarks etc - or provide map
'>44S-r S4J.4r Ak ~ fl/'-<- A>.4.o hboor .2~-r- ~ ==-
/}LL, ~1::-"2.S ~~,61)o .//II:JZ-~CXU CV/77'/ /l/c-"7V -~ .e~..
5. IS PROPOSED ACTION: ~New o Expansion o Modi1icatio>n I alteration
6. DESCRIBE PROJECT BRIEFLY: ?~opOS6-o .4 T ,4,v~ R b?t4C/ll~-'7lVT ;a
I}LL-oW",c:oa.. ,4c:c::b-S<;' ~o ,4 /7- V ~ / ~C.6Z- . #T 77//.s
/7hJE" ,4 ~/1'JrrJt:'1l/' -/J(2/Veu-J Nj d 3.&-7/IJG r'~f'C660-o 70 $L.:dW/0=-:
77k:- ~/577/\JG ..LJWk2-L.//1.JG /' *5~ P 6/VL:T ~5.$ ~
/J- / 9~ ~ /9,c4B ~ LJ...7;tj-<::-L.::71/j /$CA:2-~' 7.iY~ /9.)1 ~k-
~~C~L ~ ~S....;b /!/flJ ~.4:7V5;jc~:',/ h4u6-VL~ /7/.-S
~dV6/~ r6ii04rl2~/~1J W.6-'7Z~ /f7vLJ 77Ji:r. /dP ye-&L
r-Lc.bo ~~?-:1
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8.~POSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
Yes 0 No If no, describe briefly:
~T IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~er (describe)
Residential 0 Industrial 0 Commercial DA9riCUlture 0 Park I Forest I Open Sp~ce ~6'Vkl"t.~
(fv> I Jt)t::-~ S
.' (G~)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (F~ State or Local)
DYes 0 If yes, list agency name and permit I approval:
11~ ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
es DNO If yes, list agency name and permit I approval:
h4V '5v&O/()15/o..V m~ :#"//;70/
12. AS A ~(OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
[]ves No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant I Sponsor Name ~..74 //o~N65 Zle J8:1 ,f~T J/'J /jeh/cJ Date: ?/~ 8
Signature ?k ./
If the action Is a Costal Area, and you are a state agency,
complete the Coastal Assessm!nt Form before proceeding with this assessment