99-7031
"
TOWN OF WAPPINGER
P.O. Box 324
20 Middlebush Road
Wappingers Falls, NY 12590-0324
ZONING BOARD OF APPEALS
Telephone: (914) 297-1373
Fax: : (914) 297-4558
To: Ms. Elaine Snowden
Town Clerk
From: Christina DiPaola, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Original Application / Decision
Hannaford Supermarket Appeal No. 99-7031
Date: October 27,1999
Attached you will find the original application / Decision & Order for Hannaford Supermarket Appeal
No. 99-7031. I would appreciate it if you would file these documents.
cc: Hannaford Supermarket
Zoning Board
Building Inspector
Fire Inspector
Assessor
T own Attorney
Town File
RECEIVED
OCT 2 7 1999
F.LAINE.= SN
. ." OWOEN
,.....,~ r:---~k
.09/13/.99 14:57
09/i:Y99 15: 38
1732 974 8122
WHARTON REALTY GROUP INC. ~ 12078852042
HBC REAL ESTATE ~ WHA~TQN REALTY G
A PPL IC..ATltll\l J NO. 092 [;102
NO.236 Pa02/a21
AREA V AlUANCE(S) APPLICATION
APPLICATION TO ZONING DOARD OF APPEALS
TOWN OF WAI'PfNCElt, DUTCUESS COUNTY, NEW YOUJ<
~:~~al 1# ~,
fec: ~
Receipt
TO THE ~ON1NG DOA.RD OF AfPEALS. TOWN OF WAPPINGER, NEW YORK:
JeWe) Martin's roods of South BUl'lingtOft, Inc.
(Nom. of AppeJJ4IU(,j
P.O. Box 1000. Mis 6000, Portland, ME 04104
(MQlUlIg liddras)
, of.
.'
~207) 885-2043
{Tel. Nos. HDmelWDrk}
HERED\' APPEAL TO THE ZONJr(G BOARD OF' APPEALS FaOM THE
DECISION/ACTION OF THE ZONING A..DMJNISTRATORt DATED .19_
AND DO HEREBY Al'PL Y FOR AN AREA V AlUANCE(S).
Premises located at u. s. Route 9 t approximately 165' north of Hye'rs Comers Read
(Addrcu 01 Prflputy)
19-6157-02-653974
(Grid Nos.)
SC
(Zon;nB District)
1. RECORD OWNER OF PROPERTY Wappinger's Associates, !Le, DAniel Massry, Pres.
c/o flWnarton Realty Group) inc:.. (Name)
2100 Hiahway 35, Suite A, Sea Girt, NJ 08750 (732) 974-1134
(Address) (Phone NUl1Jb~r)
OWNER CONSENT: Oaled: 9/13/99_ Signature: -1~~
Printed: Daniel Massrv
2. V ARlANCE(S) REQUEST:
V I'-RI AN~E NO.1
I (WE) HEREBY APPLY TO TIlE ZONING BOARD OF APPEALS FOR A
V AJUANCE{S) OF TIlE FOLLOwrNG RBQ'UlREMENTS OF THE ZONING
ORDINANCE.
Article IV-Regulations, Section 420.4 Sehedule of Dimensional Regulations
Non Residential Districts
(IndicQte Arlicle. Section, Subse~Uon alld Paragl'QPIl)
REQUIRED: Minimum Rear Yara 50 Feet
A.?PLICANT(S) CAN PROVIDE: 30 Feet
THUS REQUESTING: A 20 foot variance from rear yard requirements
ffi1 Trr~ \_~ ~ WJ lE ill)
ORIGINAL
SEP 2\) 1999
ZONING ADMINISTRATOi'-
Town of Wappinger Zoning Board of Appeals
Area Variance Ap lieatiOI1
Appeal No. -7(/0 I
Page 2
TO ALLOW: A 30' rear yard for a rather small portion of the rear yard
(approximately 100')
VARIANCE NO.2
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
Article IV-Regulations, Section 420.4 Schedule of Dimensional Regulations
Non Residential Districts
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: Maximum Building Coverage 20%
APPLICANT(S) CAN PROVIDE: 21.3%
THUS REQUESTING: A 1.3% variance from maximum building coverage
TO ALLOW: Building coverage to be approximately 1.3% more than
zoning currently permits
3. . REASON FOR APPEAL (Please substantiate the request by answering the following
questiolls ill 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
D ET AIL.
SEE ATTACHED RESPONSE
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.
SEE ATTACHED RESPONSE
Town of Wappinger Zoning Board of Appeals
Area Variance A'9~eatioll
Appeal No. . ~ 703 ,
Page J
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.
SEE ATTACHED RESPONSE
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.
SEE ATTACHED RESPONSE
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICULTY SELF-CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
SEE ATTACHED RESPONSE
4. LIST OF ATTACHMENTS (Check applicable information)
( ) SURVEY DATED
PREPARED BY
, LAST REVISED
AND
( ) PLOT PLAN DATED
( ) PHOTOS
( ) DRA WINGS 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):
Town of Wappinger Zoning Board of Appeals
Area Variance Ap )Iication
Appeal No. 4 - 031
Page 4
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
Martin's Foods of South Burlington, Inc.
SIGNATURE ~~~
0. ,_ A ({JpPf!l/a~tJ
r -e"tk'..- - \-- ~ I e cL nJ..r
DATED:
9 //3 /~C;
SIGNATURE
DATED:
(If more than one Appellant)
.....................................................................................................................
............................................................................................................,........
. FOR OFFICE USE ONLY
1. THE REQUESTED V ARlANCE(S) ( ) WILL I (V) WILL NOT PRODUCE AN
. UNDESIRABLE CHANGE IN THE CHARACTER (iF THE NEIGHBORHOOD.
( ) YES I <''P NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES.
2. THERE ( ) IS (ARE) I (~) IS (ARE) NO OTHER FEASIBLE METHODS
A V AILABLE FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER
THAN THE REQUESTED V ARlANCE(S).
3. THE REQUESTED AREA V ARlANCE(S) ~ IS (ARE) I ( ) IS (ARE) NOT
SUBSTANTIAL.
4. THE PROPOSED V ARlANCE(S) ( ) WILL I (')6 WILL NOT HAVE AN ADVERSE
EFFECT OR IMP ACT ON THE PHYSICAL OR E14VIRONMENT AL CONDITIONS TN
THE NEIGHBORHOOD OR DISTRICT.
5. THE ALLEGED DIFFICULTY ( ) IS I ~) IS NOT SELF-CREATED.
Town of Wappinger Zoning Board of Appeals
Area Variance ApJ?!icalion
Appeal No. yq - 7031
Page 5
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:
On October 26,1999 The Zoning Board of Appeals granted a 20 foot variance
from rear yard requirements to allow a 30 foot rear yarn for R rRthr ~mRll
portion of the rear yard.
Thp Ro~r~ ~lQO gr~n~A~ building coverage to be approximately 1.3% more than
zoning currently permits.
( ) FINDINGS & FACTS ATIACHED.
DATED:
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY: {~ (~~-t~/f-
(ChqJF6iclnJ/
PRINT: Alan T.eHi gh, Vi C'e Ch:d rman
SWORN TO BEFORE ME ON THIS
~DAYOF 0r54 ,19c/f
~aLl" (~ ~
(Notary Public)
ELAINE H. SNOWDEN
NOTARY PUBUC, STATE OF NEWVORK
NO. 14-3753190
QUALIFIED IN DUTCHESS COUNTY
':V COMMISSION EXPIRES JAN.~ ,'1t;b)o