08-7381
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TOWN OF WAPPINGER
SUPERVISOR
CHRISTOPHER J. COLSEY
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 18,2008
RECEIVED
NOV 1 9 2008
TOWN CLERK
To: Chris Masterson
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: DCH Investments, Inc. Decision
Appeal No. 08-7381
Attached you will find the original ApplicationlDecision & Order for DCH
Investments, Inc., 1349 Route 9, Wappinger Falls, NY., Tax Grid No. 6157-
02-589645/585606. I would appreciate it if you would file these
documents.
Attachments
cc: Mr. Lee Bums
Mr. Larry Paggi
Zoning Board
Town File
Town Attorney: Mr. Al Roberts & Mr. James Horan
Building Inspector
Planning Board
Town Planner
LAWRENCE J. PAGGI, PE, Pc
Consulting Engineering
Phone 845 897 2375
1070 Route 9, Suite 205 Plaza 9
Fishkill, New York 12524
Fax 845 897 2239
E-mailljpaggi@optonline.net
October 14, 2008
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Mr. Howard Prager, Chairman
Town of Wappinger Zoning Board
c/o Barbara Roberti, Secretary
20 Middlebush Road
Wappingers Falls, New York 12590
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Re: DCH Investments, Inc. Amended Site Plan
Old Route 9 and Route 9
Tax Grid No.: 19-6157-02-589645 & 585606
Dear Chairman Prager and Members of the Board:
Please find enclosed an area variance application, a short environmental assessment form, eight (8) copies
of the site plan and elevation plan and the required $375.00 application fee for the proposed
Showroom/Service Center for DCH Auto Dealership.
The above referenced project consists of a 2.3 acre parcel and a .96 acre parcel currently occupied by
DCH Toyota Sales & Service Center. The intention is to combine both parcels to create one 3.26 acre
parcel in order to construct a new facility for DCH Toyota Sales and Service Center.
The applicant is requesting a variance for the proposed six overhead garage doors that face Old Route 9
and Route 9. Four are proposed to face Old Route 9 and two are proposed to face Route 9.
On behalf of our client, we request that the above referenced project be placed on the Zoning Board of
Appeal's October 28th agenda to discuss the applicant's request for an area variance.
Your consideration of this matter is appreciated. Please do not hesitate to contact our office if we may be
of any assistance.
Cc: Lee Bums (without attachments)
Jim Weingartner (without attachments)
Keith Johnston (without attachments)
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TOWN OF WAPPINGER
P.O. BOX 324 tv 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.townofWallllinl!cr.us
Application for an Area Variance
Appeal #DX '1,3 8' J
Dated: \() r \ I ~ O'l
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We), DCH Investments. Inc. residing at 955 Route 9 North
South Amboy, New Jersev 08879 , 732-727-9168 (phone), hereby appeal
to the Zoning Board of Appeals from the decision/action of the Zoning Administrator,
Dated , 200_, and do hereby apply for an area variance(s).
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Premises located at Route 9 and Old Route 9 North
Tax Grid # 6157-02-589645/585606
Zoning District HB
1. Record Owner of Property Schunzel Inc. & Greer Nine Realty
Address 16 Bannerman View Drive. Newburgh. New York 12550
Phone Number 845-569-1692
Owner Consent: Dated: Signature:
Printed:
Cynthia L. Greer
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.
Article VIII, 240-70. Paragraph C & Article VIII. 240-67, Paragraph C
(Indicate Article, Section, Subsection and Paragraph)
Required: Overhead Garage Doors shall not be located facing any street
Applicant(s) can provide:
Thus requesting:
To allow: Six (6) overhead garage doors to be located facing Old Route 9 and Route 9. Four (4)
overhead garage doors would face Old Route 9 and two (2) would face Route 9.
TOW022,ZBA-AAV (4-03 Rev) Page lof4
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
properties change? Will any of those changes be negative? Please explain your answer in detail.
The existing Toyota Sales & Service Center. the Toyota Reconditioning Center. Optimum
Windows and Nissan Sales & Service Center all have overhead garage doors that face Old
Route 9. In addition. there are multiple businesses along this corridor of Route 9 that
currently have overhead garage doors that face the road. so the character of the neighborhood
would not change.
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.
The property is currently used for DCH Toyota Sales & Service Center. which has five
overhead garage doors that face Old Route 9. The proposed building is surrounded on three
of its four sides by streets. which limits access for the service center that will have service
bays on the first floor and the basement floor.
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 overhead garage doors located in the floors located in the front and rear of the building
facing Old Route 9 and Route 9 are not considered substantial. especially. as stated above.
similar characteristics are found on surrounding properties in this neighborhood. In addition.
the proposed overhead doors will be glass doors. which will give the appearance of a store
front.
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 surrounding properties in this
neighborhood.
TOW022.ZBA-AA V (4-03 Rev) Page 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.
As explained in item B - The property is limited as to where the proposed building may be
located due to it being surrounded with streets on 3 of 4 sides.
F. Is your property unique in the neighborhood that it needs this type of variance? Please explain
your answer in detail.
The property is unique in the neighborhood in that it is located between 3 streets.
4. List of attachments (Check applicable information)
( ) Survey Dated , Last Revised and
Prepared by
( ) Plot Plan Dated
( ) Photos
(X) Drawings Dated 9/5/08 (Architectural) & 9/10/08 (Engineering)
( ) 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.
SIGNATURE ~/~
(Appellant)
DATED:~.
SIGNATURE
DATED:
(Ifmore than one Appellant)
TOW022.zBA-AA v (4-03 Rev) Page 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) (x) 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 ex) IS / ( ) IS NOT self-created.
6. The property ( ) IS / ( 19 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 ZBA has voted to grant a variance for 6 overhead garage doors to b~
constructed facing the road. Two doors will face Route 9 and 4 overhe~d
doors will face Old Route 9. This will take place in the construction.
of the new DCH Wappinger Toyota showroom and service center.
( x) Findings & Facts Attached.
DATED: November 18. 2008
ZONING BOARD OF APPEALS
TOWN OF W PPINGER, NEW YORK
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TOW022.ZBA-AA V (4-03 Rev) Page 4 of 4
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LAWRENCE PAGGI
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TOWN OF WAPPINGER
P.O. BOX 324'" 20 MIDDLE6USH ROAD
WAPPINGERS FALLS, NY 12590
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Zoning BoaI'd of Appeal=-
Office: 845.297.1373 N Fax: 845.297.4558
Zoning Enforc;ement Officer
Office: 845.297.6257
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AIlPlication for an Arc~l Variance
^ppcal II 0<6 - 1 38 t
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TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We), Q.CJJJ.Q,\!Qstl)lent~. Inc. .....___residing al 955 I{olllc 9 North
.~Q."th..Al)lwy..New Jcrsey 0&879.....__ 732.727-9168 (phone). herebyappcal
to the Zoning Bi~ard ,,1' Appeals 1r.\rlIlhe decisinn/..e\ivl1 oftne Zllning ^dministl'lltvr.
Datcd ___->..200 , and do hereoy apply for 1I1l1lrell vlIrillncl.-(s).
Premises located at: R,~ule () .,ll}~_ Old Ruute 9 Norlh
Tax Grid #.6J H7Q2-~&lJi;45/S&S606
Zoning District )JJJ
I. Record Owner of Property Sehunl.cllnc. & ureer Ninc Realtv
Address 16 Bannl'rmanVlC:~ Drive. N. cwbun'h. Ncw York J2550~
I'holle Number 845-569-1692 ,. --/ ~_
OWller C(lllsent: Dated: _m .._ __Si~n<llllre; #- ~
Printcd: Cvn\hkJ L. Greer
2. Variance(s) Request:
Variance No.1
I (We) IHm::hy apply to the Zoning Bnnrd llf ^p~uls f\lr <l vllriuncc(s) ofthc f(lllowing n;quil\:lncll(s
l,fthe Zoning Code.
Mtie Ie V III, 240-70, Paragraph ( &.^rti~L,"- V III. 240-67. l\ara~r.JDh C
(If/dim/I! Ar/id,'. SI!,'/ilm. Suhsl!,.tion ,md f'wIlKra"h)
Required: Overllc.'ld Garage Dnnrs shnllnOl he lo~ated..~~!I!J! fillY !'!r!?Cl.___._.._.
~PpJ icant(,,5tCl\n.!'rovide:
Thus req\le~tillg:
TO.allow:. ~jx (6}ovcrhead garage doors to be located HIeing Old Route () and Routc 9. !'ilLlr (4)
IlVcrl)c\ld gm1\g~.tlQQ(~.WQl,lld t~ee Old I~Q\lte.9 and (WQ (;2)wQuld face RO~lte 9.
IUWo22.ZII^.^A V (4.0.11(..) 1'-:;0 I ..I' 4
D. I'-your varillncll(s) is (arc) gr;m(ed. will the physicoll environmental conditions in the
ncighbllrhood (II district be illlJ'lllClcd'll'lcase explain, in delail. why or why not,
.NQ, as SL'lICd ,.hovc. simjJar chan1ctcristies ,t(e found on surrounding prnpe.nics in this
neij;hb()rho'I.9..:
roWIl22.i'.IlA-^^V (4-0.lI(ov) l'i1l:c 2 01'4
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617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be comDleted bv A lDlicant or Proiect 5Donsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME
DCH Investments, Inc. DCH Wappingers Falls Toyota Variance Application
3. PROJECT LOCATION:
Municipality Town of Wappinger County Dutchess
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
1349 &1363 Route 9, Wappingers Falls, New York 12590
Map of Location is Attached
5. PROPOSED ACTION IS:
Ii] New D Expansion o Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Proposed site plan includes demolition of existing showroom building, one story wood frame building and one story concrete
building. A new 52,848 square foot building, portions being two stories, is proposed which will include service center, office space
and showroom.
7. AMOUNT OF LAND AFFECTED:
Initially 3.26+/- acres Ultimately 3.26+/- acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
DYes [{] No If No, describe briefly
A variance is required for proposed overhead garage doors to be located facing Old Rt. 9 & Rt. 9
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[Z] Residential D Industrial [Z] Commercial D Agriculture o Park/Forest/Open Space o Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR UL TIMATEL Y FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[Z]Yes ONO If Yes, list agency(s) name and permit/approvals:
Site Plan Approval- Town of Wappinger
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[Z]Yes ONO If Yes, list agency(s) name and permit/approvals:
Existing DCH Sales & Service Center Site Plan Approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
IZI Yes ONO
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: Lee W. Burns Date:~
Signature: ct~/~
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
DYes IZI No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
DYes IZI 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 pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
No
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 habitats, 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 CRITICAL
ENVIRONMENTAL AREA (CEA)?
DYes [{] No If Yes, explain briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
DYes [{] 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 \I was checked
yes, the determination of significance must evaluate the potential impact ofthe proposed action on the environmental characteristics of the CEA.
D 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, thatthe 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
Date
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)
Dntchess. County Tax Parcel Mapping
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Page 1 of 1
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Map Printed: 1 0/13/2008
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County Location Map
Copyright - Dutchess County 2006.
http://geoaccess.co.dutchess.ny . us/servlet/com.esri.esrimap.Esrimap?ServiceN ame=townscolor&F orm=... 10/13/2008