08-7380
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
RECEIVED
NOV 1 1 2008
TOWN CLERK
October 28, 2008
To: Chris Masterson
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Potter Bros Decision
Appeal No. 08-7380
Attached you will find the original Application/Decision & 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
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TOWN OF WAPPINGER
P.O. Box 324 - 20 MJODLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
ZonIng ........ 01 AppM"
0f'IIce: 845.297.1373 N Fax; 845.297.4558
ZonIftg l!IIforclMtetlt 0fIiar
ortic:e: 845.297.6257
www.townorwlPPlnger.us
: Application for an Area Variance.
Al?peal it
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Dated:
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TO nte ZONING BOARD.OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
. I(.~e),' ~})ttex11)rn~. reSIding at II) R.?)' elf p 9 .
. _ - _ . (phone), hereby apPeal
to the Zoning 808m of Appeels from the -decision/action of the ZOning Administrator,
dated . f 200--, and do hereby apply for an area varlance(s).
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Zoning District ~
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Phone Number - - ....-
0w1ler Consent: Deled: ,=-.;j;~ SlgnobKe" - - ~ n
~ Printed: _~ 33~ -s /.\ -,
2. Varl.nce(.) Requen:
Variance No. 1
I(We) hereby apply to the ZonJng Board of Appeals for a variance(s) of the followtng
requirements of the Zoning Code.
dY 0,' S~ ,q
(Indicate , Section, Subsection
ReqUired: I M.~ c.
Applicant(s)' can provide: . .
Thus requesting: -1jpf&
To allow:
'T-eY/f
rJituttif~D?
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va/)( Ib t:fi)j
TOWVU.Z8A-MV (4-0' ,., I _4
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Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal NQ. .
Variance No.2.
I(We) hereby apply to the Zoning BOard of.Appeals for II varlance(s) of the following
requirements of the Zoning Code.
. : rJl\o - 50\ H
. . (Indicate Article, Section,.subsectlon and Paragraph)
Required' ' .~ hc::!:2 .~~
APPlicant(s) can provl~e: $ ~., G....k P\'L.' ~rlL
Thus requestfng-: &. ~Il~' '
T~ !1l1ow: ) (n~uh'n.. ~~ ~_~",\c". ?~O ~ .-~ '
3. ReMOn For Appe8. (Please.substantlate.the requeSt by answerfng the fOllowing questions in
detail. Use extra sheet, If necessaty): .. ::. , .
A. If your varlance(s) !sCare) granted, how will 'the character Of tne' neighborhood or nearby
pr:opertles change? Will an,y.of those changes be negBtive1 PI.. expl~ln' your answer. in detail. .
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8. Please explain ~y you ~ ~ varlance(s). Is there anY way to reaCh the'same result
, Without a varlance(s)? J>>ieBSe be.spedflc '0. your .nswer~ . . ' .
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C. How big Is th8 change from the standards set out In the zoning law? Is the requested area
. variance(s) substantial? If oot, plea~ expI~ln, In detail, Why It Is not substantial.
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D. If your variance(s) Is(are.) granted, will the physlcat envlrvnmental conditions In the
neighborhood or district be ImpKted7 Please explain, In ~I, why or WhY' not.'
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TOW022.Z8A-MV (400) R~)l. tf4
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Town of Wappinger Zoning Board of Appeals
Applialtlon for an Area Variance
Appeal No.
E. How did your need for an area varfance(s) come about? Is your difficulty self-created? Please
explain your answer In detail.
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F'-Is your propero; unique In the neighborhood that Is needs this type of vartance? Plea~ explain
your answer In (Jail. " .
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4. Ust of attac:II~ (~ .pplicable inform.tion)
. ( ) Survey Dated
Prepared by
() Plot Plan Dated
() PhotOS
() Drawings Dated
() Letter of communICation which resulted In application to the ZeA.
(e.g., recommendation from the Planning BOard/Zoning Denial)
Letter from Dated:
Letter from Dated:
c./ Otiter (,,- /iSt)#;:!/J~n'. /tl/,Y',., din-- r-- /..."t~
. ". Last Revised
and
5. "Signature.ncI V..efIcatlOft
Please be advised that no application can be deemed complete unless signed below.
The applicant
ticn given Is acx;uratlt as of the date of application.
DATED:~
SIGNATURE
SIGNATURE
DATED:
(If more than one Appellant)
~.My (-4-03 Rw)3 of4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
FOR OFFICE USE ONLY
1. The requested variance(s) (X) WILL / ( ) 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) / ~ ) 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 (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:
Thp ZRA has voted to ~rant the following two variances for Potter Bros only.
1 ) Where 1.000 sf tent is the maximum allowed, the applicant requested a tent of
1,400 sf ( 20' X 70'). The variance is granted for the additional 400 sf.
?) Where only three events per year are allowed, the applicant requested five
events. The ZBA has granted the two additional events per year.
OOQ Findings & Facts Attached.
DATED: October 28, 2008
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
da-l?~
I jChairman)
PRINT: ~t:Vd/C)) r~-CE'rP
BY:
TOW022.ZBA.AAV (4-03 Rev) 4 of4
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. j^.PI'<OJECT "0 NUMBER
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
PART 1. PROJECT INFORMATION
1. APPUCANT I SPO~OR
rl..J.4.(~
~s
2. PROJEC); NAME
rrom I h"",d
..JoJ.
Mund~fiy Coun~
4. PRECISE LOCATION: Street Addess and Road IntersectJons. Prominent landmarks ete - or provide map
3.PROJECT LOCATION:
/P83 j(}. Cf
JJv-I-dteaA
~a~
5. IS. PROPOSED ACTION:
New 0 expansion D ModIficaliqn I alteration
6. DesCRIBE PROJECT BRIEFLY:
~e~
30(\7/) s-})a~
eevr-L e~
7. AMOUNT OF LAND AFFECTED:
Inltially acres
8. WILL PROPOSED ACTION COMPLY
Iiltes 0 No
Ultimately acres
WITH EXISTING ZONING OR OTHER RESTRICTIONS?
It no, describe briefly:
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
D ResidenUal D Industrial ~rnerclal DAgriCUlture D Parle I Forest I Open Space
D Olher (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGE/ICY (Federal, Slate or Local)
Dyes ~ If yes. list agency name and permJt I approval:
11. DOES ~ECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes ULr- If yea, lilt agency name and permit I approval:
PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
IS TRUE TO THE BEST OF MY KNOWLEDGE
Date: q! 08
If the action Is a COItal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment