00-7058
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TOWN OF WAPPINGER
P.O. Box 324
20 Middlebush Road
Wappingers Falls, NY 12590-0324
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ZONING BOARD OF APPEALS
Telephone: (914) 297-1373
Fax: : (914) 297-4558
To: Ms. Elaine Snowden
Town Clerk
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From: Christina DiPaola, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Original Application / Decision
Jon Adams Appeal No. 00-7058
Date: August 9,2000
Attached you will find the original application / Decision & Order for Jon Adams Appeal No. 00-7058.
I would appreciate it if you would file these documents.
CC: Jon Adams
Zoning Board
Building Inspector
Fire Inspector
Assessor
Town Attorney
Town File
INTERPRETA'l'ION APPLICATION
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JUN 30 2000
ZONING ADMINISTRATOR
TOWN OF WAPPINGER
. ,
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF WAI'I'INGI~R, DUTCHESS COUNTY, NKW YORK
Appeal II 00 - 7 QCj'iJ
Dale: G.;T.3Uloo
Fee: $ 35.00
Rccei p t__._u_____u~~.
TO TIII~ ZONING BOARD OF APPEALS, TOWN OF 'WAPPINGER, NEW YORK:
I (we)m,:Jo~_.IL:__0dams for Imperial Plaza Improvement LLC
(NOllie o(Apvello/ltl,,)
c/o Corbally, Gartland & R?pp~ey~a 914- 454-1110
35-- Ma.rke:t~s.tr-ee "Lr--Bo.ug.b.ke.e.p.s Le...~._.NL_lL6.Ql_~, -
(Mailing Addres.'>) (Tel. Nos. HOllie/Work)
, of
IIFIUi:BY APPEAL TO TIlE ZONING BOARD OF APPEALS FROM THE DECISION/ACTION OF
Till': ZONINC ADMINISTH.ATOR, DATED 5/1 ,2.000)AND DO III~REBY APPLY FOR AN
I NTEI{PRETATION.
6 1 5 7 - 0 2 - 6 ~~~.71
(Grid Nos.)
Route 9 (Hannaford)
(Address of Property)
!)IL'IlIISCS located at
BSC
(Zoning District)
I. lUi:CORD O\VNER OF PROPI~RTY ___W.a.p-ping.eLS..~~sociates
(NOllie)
1 6 8_~_-'!i~ t ?EL__l?J_'{,d _u_______ ~ a t ~_!'l.~ s 1 a n d_, NY 9 1 4 -
(Address) (I)!Jone NIl/libel)
OWNER CONSI<:NT:
N/a
Dated:
Signature:
Printed:
') INTIi:RPRl~TATION REQUEST
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR AN INTERPRETATION OF
Tl I1~ FOLLOWING REOUIREMENTS OF TIIF 70NING ORDINANCE.
Parking sections 240-94; 240-97
(Indicate Arlicle, Sectioll, Subsection aJl(I I)amg,rof!h)
\ I{EASON FOR APPEAL (Flease explaill ill detail. Use extm shcet. ifllecesswy):
See addendum
Zoning Board of Appeals
Interpretation App 1 ication
Appeal No. CIY to 58'
Page 2
REASON FOR APPEAL CONTINUED
4. LIST OF ATTACHMENTS (Check applicable information)
) SURVEY DATED
BY
, LAST REVISED
AND PREPARED
( ) PHOTOS
) DRAWINGS DATED
( x~ LETTER OF COMMUNICA nON WHICH RESULTED IN APPLICATION TO THE ZBA.
(e.g., recommendation from the Planning Board I Zoning Denial)
LETTERFROM Zoni:og Administrator DATED: 5/1/00
LETTER FROM DATED:
:) OTHER (please list):
5. SIGNATURE AND VElUFICATION
PLEASE BE ADVISED THAT NO APPLICATION CAN BE DEEMED COMPLETE UNLESS SIGNED
BELOW.
'A TES THAT ALL INFORMA nON GIVEN IS ACCURATE AS OF
SIGNATURE ~_
, ----'--J
DATED:
JUl1e 30, 2000
Jon H.
SIGNATURE
DATED:
Zoning Board of Appeals
Interpretation Application
Appeal No. 00 -105~
Page 3
.
........................................................................................................................................
......................................................."'...............................................................................
FOR OFFICE USE ONLY
CONCLUSION: T{IEREFORE, IT WAS DETERMINED THE ZONING BOARD OF APPEALS
(-I) UPHELD ( ) REVERSED THE ZONING ADMINISTRATOR'S PREVIOUS
DECISION.
CONDITIONS/STIPULATIONS: The following conditions and/or stipulations were adopted by resolution of
the Board as part of the action stated above:
The Acting Zoning Administer Mark Liebermann was upheld by the Zoning Rn~rn nf Arr~als
Jon Adams appeal no. 0070'lR tJ~!'l npn; pn on T11eliday August B. 2000.
( ) FINDINGS & FACTS ATTACHED.
DA TED:
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY ~ {: ~
jChai~
PRINT: 1/ q '1 C. L Pi. ',. I,
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Addendum to Interpretation Application dated June 30, 2000
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JUN 3 0 2000
ZONING ADMINISTRATOR
TOWN OF WAPPINGER
The undersigned on behalf of Imperial Improvements LLC, a property owner in
the Town of Wappinger in close proximity to the parcel affected by the appeal which is
the subject of this application, appeals the determination of the zoning administrator
dated May 1,2000, a copy of which is annexed hereto, determining that the requirements
for off street parking stalls is 734 parking spaces.
The required number of parking spaces is approximately 873 as acknowledged by
Hannaford in its variance application.
The zoning administrator notes in his determination that a substantial portion of
the existing shopping center is being demolished. Upon demolition, the center will have
a surplus of parking spaces, extinguishing the circumstances for which a prior variance
was granted as the circumstances for which a variance was granted in 1994 will no
longer exist. I The 1994 variance must be defined and limited by the facts and
circumstances under which it was granted. By way of illustration, if the owner were to
demolish the entire center, the variance would continue under the standards used by the
zoning administrator. The result should be no different when a substantial portion is
being demolished.
With its voluntary demolition, the property owner is able to take steps to conform to the
parking standards of the zoning law. The prior variance, granted under different
circumstances, does not survive the demolition.
I While variances run with the land, that rule merely provides that a variance is one which
attaches to the property rather then to the owner, i.e, it is not a personal right. However, the fact
that it runs with the land does not mean it has a perpetual existence, as is implicit in the zoning
administrator's appeal.
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TOWN OF WRPPINGER
914 297 4558 P.02/03
. I
TOWN OF WAPPINGER
.
. '
CONSTANCE O. SMITH
Supervisor
ZONING DEPARTMENT
20 MIDDLE6USH ROAD
P.O. BOX 324
WAPPINGERS FALLS. NY 12590-0324
TELEPHONE: (914) 297-6257
FAX: (914) 297.4558
TO:
TO\VN OF \V APPINGER PLANNING BOA
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JUN 3 0 2000
ZONING ADMINISTRATOR
TOWN OF WAPPINGER
FROM:
I
MARK LIEBERl\lANN, ZONING ADMINIST~ -E
\ .
RE:
HANNAFORD BROS. SUPERMARKET EXPANSION
REQUIRED PARKING
DATE:
!VIA Y 1,2000
As requested, I have consulted with the Town Planning Consultant to determine the required
number of parking spaces for the Hannaford Brothers Supermarket expansion. The parking
calculations take into consideration the previous variance granted by the Zoning Board of
Appeals, the gross floor area of the existing building, and the nct floor area of the proposed
expansIon.
The Zoning Board of appeals granted a variance in 1994, effectively reducing the required
number of parking spaces for the 105,974 square-foot shopping center to 636. This was in
conjunction with the application of Country Buffet for Amended Sit Plan approval from the
Planning Board.
The application involves the replacement of the Rite-Aid Pharmacy and Waldbaum's
Supermarket with a new supermarket use (no change in use is proposed) The applicant is
proposing to ex.pand the shopping center by an additional 14,561 square feet. The additional
14,561 square feet will require an additional 98 spaces (14,561 divided by 150 spaces per square
foot). Adding the 98 spaces to the 636 spaces results in 734 total required parking spaces. The
applicant is proposing 655 spaces, and \vould thereby need a variance for 79 parking spaces.