00-7052
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TOWN OF WAPPINGER
Telephone: (914) 297-1373
Fax: : (914) 297-4558
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ZONING BOARD OF APPEALS
P.O. Box 324
20 Middlebush Road
Wappingers Falls, NY 12590-0324
To: Ms. Elaine Snowden
T own Clerk
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From: Christina DiPaola, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Original Application / Decision
Jay Marshall Weiss Appeal No. 00-7052
Date: July 28,2000
Attached you will find the original application / Decision & Order for Jay Marshall Weiss Appeal No.
00-7052, I would appreciate it if you would file these documents.
CC: Mr. Jay Marshall Weiss
Zoning Board
Building Inspector
Fire Inspector
Assessor
Town Attorney
Town File
~~~~~~~@
A r 3 v 200n
· M\N\S1AA1'OR
~oWN 6r: W~PP\NGER
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF \V AI)PINGER, DUTCHESS COUNTY, NEW YORK
I
j.
AREA V AlUANCE(S) APPLICATION
Appeal # 00 - 105;;'
Date: 5 1.1ol.aQ
Fce: $J'Z:v ,00
Receipt
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We) ,Tay Marshall Weiss, DVM
(Name of Appellant(s)
8 Osborne Road, pouqhkeepsie, NY 12601,
(Mailing Address)
, of
485-3163
(Tel. Nos. Home/Work)
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED ,19__
AND DO HEREBY APPLY FOR AN AREA V ARIANCE(S).
Premises located at
Airport Drive and Route 376
(Address of Property)
GB
(Zoning District)
19-6259-04-541394
(Grid Nos.)
1. RECORD OWNER OF PROPERTY
Jay Marshall Weiss, purchaser under contract
(Name)
see above
(Address)
(Phone Number)
,
OWNER CONSENT: Dated:
Sign~ture:
Printed:
2. V ARlANCE(S} REQUEST:
VARIANCE NO.1
. I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
Par 420.4 - Schea. of Dimensional Regs - GB - front line - 25',
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: 25 I
APPLICANT(S) CAN PROVIDE: 1 a I
THUS REQUESTING: 7 I
"1
If
TO ALLOW:
~g~g~~g@
MA'( ;) v 2000
ZON\NG ADM\N\STAA1'OR
TOWN OF WAPP\NGER
that the building be
Town of Wappinger Zoning Board of Appeals '
Area Variance Applicatio.!l
Appeal No. CU - 7D 6~
Page 2
built as Planning Board requested.
VARIANCE NO.2
I (WE) HEREBYAPPL Y TO THE ZONING BOARD OF APPEALS FOR A
V ARlANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
Par. 420.4 - Schedule of Dimensional Regs - GB rear line: 30'
(measured from wetlands line - Sec. 240~18 of zoning Law -
(Indicate Artie/e, Section, Subsection and Paragraph)
see copy of comments from Town Planner, attached.
REQUIRED: 30
APPLICANT(S) CAN PROVIDE: ? 4
THUS REQUESTING: n
TO ALLOW: that the buildincr be built as Planning Board requested.
(front of the butlding facinq Airport Drive)
3. REASON FOR APPEAL (Please substantiate the request by answering'theJollowing
questions in detail. Use extra sheet, ifnecessary):
A. IF YOUR V ARIANCE(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 character of the neiqhborhood will not chancre. The
decrease in setback will not be discernible except on
review of rJ mrlp
B. PLEASE EXPLAIN WHY YOU NEED THE V ARIANCE(S)., IS THERE ANY WAY
TO REACH THE SAME RESULT WITHOUT A V ARIANCE(S)? PLEASE BE
SPECIFIC IN YOUR ANSWER.
In order to place the building on the parcel in the orientation
rl ~ rF"qllP~t pO hy t.he Planning Board, it wi 11 be necessary to
beQ"ranted the variances. 'Ph; ~ ('Ir; pnr;:lr; ('In ('IT tnI':> hl1i] ,'ling'
make;.s the grerJt.e~t. o;mpn~;('In ('IT rnl':> ol1ilr'ling perpendiC111aI" to
Airport Drive, rather than parallel with Airport.
.
.
"
! Town of Wappinger Zoning Board of Appeals
Area Variance ApplicatioJ.l
Appeal No. 'CJJ ," 7 Olb~
Page 3
C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUT IN THE ZONING
LAW? IS THE REQUESTED AREA V ARIANCE(S) SUBSTANTIAL? IF NOT,
PLEASE EXPLAIN, IN DETAIL, WHY IT IS NOT SUBSTANTIAL.
No area variance is requested. The request is for two
setback variances. We feel taht the variance is not substantial.
It would not bp ~pprlrpnt in Vi~llrll nh~prVrli-inn
D. IF YOUR V ARIANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL
ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BE
IMP ACTED? PLEASE EXPLAIN, IN DETAIL, WHY OR WHY NOT.
'T'hp propol';p(l building h~s been rotated 90 degrees from the way
that it was oriainallY presented to the Pl~nning Board. It
would be difficult to see the difference visually without
revipwing ~ m~p. It w~s the opinion of the Plannina Board that
thil'; oripnt~tion will be more visually pleasina.
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICULTY SELF-C~A TED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
The Planning Board. at the time of the firl';t l';itp plrln rpview,
requested that the buildina be turned so that the front faces
Airport Drive to present a more attractive facade.
4. LIST OF ATTACHMENTS (Clzeckapplicable information)
( )SURVEYDATED
PREPARED BY
, LAST REVISED
AND
) DRAWINGS DATED
lR1~~~~W[g[Q)
MAY 3 V 2000
ZONING ADMINISTRATOR'
TOWN OF WAPPINGER
( 6) PLOT PLAN DATED . revised May 12, 2000
( ) PHOTOS
(
(
) 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):
'.
!, Town of Wappinger Zoning Board of Appeals
, liS) fC;I f?\J f2 n \\/7 j'"C;I fiJ' Area V arianc~ Application
Ln1LS \St LS U V!J IS l!:V Appeal No. eX.) -70 5~
Page 4
"
MAY 3 V 2000
ZONING ADMINISTRATOR
5. SIGNATURE AND V~~~W,ijl)t'NGER
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
DATED: ~- * ~O
SIGNATURE
DATED:
(If more than one Appellallt)
.....................................................................................................................
..................................................................~..................................................
FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL / cl) WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES / (J) NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES.
2. THERE ( ) IS (ARE) / (J) IS (ARE) NO OTHER FEASffiLE METHODS'
AVAILABLE FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER
THAN THE REQUESTED V ARIANCE(S).
3., THE REQUESTED AREA V ARIANCE(S) (') IS (ARE) / (J> IS (ARE) NOT
SUBSTANTIAL.
4. THE PROPOSED V ARlANCE(S) ( ) WILL I (J) WILL NOT HAVE AN ADVERSE
EFFECT OR IMP ACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT.
5. THE ALLEGED DIFFICULTY ( ) IS / (J) IS NOT SELF-CREATED.
/.
I
Town of Wappinger Zoning Board of Appeals
Area V ariane~ Application
Appeal No. 6:J -7() 5~
Page 5
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED V ARlANCE
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 Zoning Board of Appeals granted Jay Marshall Weiss a front yard variance
on July 11,2000. The variance was granted for a 7 foot front yard variance
to be able to build the building the way the Planning Board wants it.
Al!':o on Tll1y 11 ,?nnn t-n<> appl-i('at\t tv::!.!': gr::mt:~cl R. r~R.r YR.rc1 vR.riR.n('~ for R.
6 foot: r~R.r YR.rn Q<>t-h~('k
( ) FINDINGS & FACTS ATIACHED.
DATED:
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:~/~
.f.Chairman)
PRINT.: VI c!-/o Jl-. i - ~/J )/ LL E IE
(Notary Public)
..
.
..1
..
14-16-4 (11195)-Text 12
I PROJECT 1.0. NUMBER
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I-PROJECT INFORMATION (To be' completed by Applicant or Project sponsor)
1. APPLICANT /SPONSOR 2. PROJECT NAME
Jay Marshall WEiss, DVM Site Plan for Weiss
SEQR
3. PROJECT LOCATION:
Municipality Town of Wappinger County Dutchess
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks. etc., or provide map)
At the NOrtheast quadrant of Airport Drive & Route 376
5. IS PROPOSED ACTION:
gg New D Expansion
6. DESCRIBE PROJECT BRIEFLY:
D Modification/alteration
Proposed animal hospital
MAY 3 V 2000
ZONING ADMINISTRATOR
7. AMOUNT OF LAND AFFECTED:
Initially 2 . 8 acres Ultimately 2 . 8 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
129 Yes D No If No, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
D Residential 0 Industrial fJ Commercial
Describe:
D Agriculture
D Park/Forest/Open space
o Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
IKJ Yes . D No " yes, list agency(s) and permit/approvals
Subdivision & site plan, including zoning variance (T/Wappinger)
SDS approval (DCHD) and Stream crossing permit (DEe)
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes GNo" yes, list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
DYes DNo N A
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/spo
Weiss, DVM
Date: 5'- 2b- ()()
Signature:
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
/
.I
//
,.I
IART II-ENVIRONMENTAL ASSESSMENT (To be compleled by Agency)
/
A. DOES ACTION EXCEEO ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? II yes, coordlnale Ihe review process and use the FULL EAF.
DYes KJ No _____.. ________ _______u._____.__
9. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCnA, PAfH 617.6? II No, a negallve declarallon
m.y b. .uperseded by another Involved agency.
DYes ~NO
~-----_.---_.. -..----._________ .-..----- _____~__..__. _... ____. _ _ ____ __u_____+__
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIArED WITH THE FOLLOWING: (Answors ",ay he hanrJwrilloll, " loUtblo)
Cl. Exlsllng air quality, surface or groundwater quality or quanllly, noise levels, exlsllng Iralllc patterns. solid waste produclion or disposal,
potenllal for erosion, drainage or flooding problems? Explain briefly:
no
C2. Aesthetic, agricultural, archaeologIcal. historic, or other natural or cultural resources; or community or neighborhood characler? Explain briefly:
no
03. V.getltlon or fluna, fish, shellfish or wildlife species, significant habitats, or lhreatened or endangered species? Explain briefly:
no
C4. A communfly's existing plans or goals as officially adopted, or a change In use or Intenslly of use of land or olher naluralresources? Explain briefly,
no
C5. Growth, subsequent d.velopment, or relat.d acllvltles likely to be Induced by the proposed acllon? Explain briefly.
no
ce. long term, .hort term, cumulative, or other effects notldenllfled In C1.C5? Explain briefly.
no
C7, Other Implct. (Including changes In use of either quanllly or type 01 energy)? Explain briefly.
no
D. IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL I~PACTS?
DYes ClNo" Yes, explain briefly
PART III-DETERMINATION OF SIGNIFICANCE (To be compleled-by Agency)
INSTRUCTIONS: For each adverse efleclldenllfled above, delermlne whelher Ills substanllal, large, Important or otherwise significant.
Each elfecl should be assessed In connection wllh Its (a) selling (I.e. urban or rural); (b) probability 01 occurring; (c) duration; (d)
Irreverslblllly; (e) geographic scope; and (I) magnllude. II necessary, add allachmenls or relerence supporting materials. Ensure thai
explanations conlaln sufflclenl detail to show that all relevant adverse Impacts have been Idenlllled and adequately addr'!ssed.
o Check this box If you have Idenllfled one or more potentially large or signHicanl adverse Impacts which MAY
occur. Then proceed directly to the FULL EAF andlor prepare a positive declaration.
o Check this box If you have delermlned, based on the Information and analysis above and any slIpporting
documentation, that the proposed acllon WILL NOT result In any slgnHlcant adverse environmenlal impacts
AND provide on attachmenls as necessary, Ihe reasons supporting this determination:
Name 01 Lead Agency
T Ille"o;--Respon,ibie'oHilc,-
Print or lypl! Name of Responsible Officer in LeadAwencV-
Signature of Responsi6~lflcer In Lead Agency
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