99-7001
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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
To: Ms. Elaine Snowden
Town Clerk
From: Linda Nguyen, Secretary fll--
Town of Wappinger Zorrin"Jard of Appeals
Re: Original Application / Decision
Modu-Craft Homes, Inc. - Appeal No. 99-7001
Date: March 12, 1999
Attached you will find the original application / Decision & Order for Modu-Craft Homes, Inc. - Appeal No.
99-7001. I would appreciate it if you would file these documents.
CC: Mr. Fred Straub
Zoning Board
Building Inspector
Fire Inspector
Assessor
Town Attorney
Town File
.
AREA V ARIANCE(S) APPLICATION
APPLICATION TO ZONING BOARD OF APPEALS.
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
Appeal # iJOO'
Date: _.J (_
Fee: ~..5t).OO
Receipt fCL 0
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We) JIlodLt - CrcJ\ \-\rJYY\e_'S.. J Me..
(Name of Appellant(s)
4,D T,~furt~ lu~, Wa,\\K,.U f\~ l~~B9, q\~-Slo6-qblO
(Mailing Address) (Tel. Nos. Home/Work)
, of
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED
AND DO HEREBY APPLY FOR AN AREA V ARIANCE(S).
Premises located at q ~ OSborf\.!L \:h- \\ QOc...d
_ . / / /Cl"... (Address of Property)
0/:,<0 -6~ -<OLVVUO
(Grid Nos.)
,19_
f/20/'-I6
(Zoning District)
1. RECORD OWNER OF PROPE. RTY fi-\ bnt 1Y\u.,-~ KO-tes
ame)
qS DsborY\e, t\-;~\ Quc.Ji 8qb -2qlB
(Address) (Phone Number)
~~~~e: f:/!f::t f ~t:
OWNER CONSENT: Dated:
2. V ARIANCE(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.
~. {J S:-lZT. 4-2..0. :? '-t~iIT ~lL-S II
(lndi~te Article, Section, Subsection and Paragraph)
REQUIRED: a 5
APPLICANT(S) CAN PROVIDE:-' S.. L
THUS REQUESTING: -=3 /6' ~ \_de~d ~~-t~QLl u~ED
FEB 0 9 1999
PLANNING & ZONtNG
,
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. qq-7 CO I
Page 2
TO ALLOW: ro-r <\ "(~ ~ vur'''''Le ~<" <\ \'.o""t '1k:op.
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.
(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 thefollowing
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.
n \ ":> Vvr{ G.-I\ce
Y'\R.. \ (H" c)
q.
ck ~
C\ q,S~
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 ANSW~R.,
(Ieee\- t. he ~ Ide \pfl'once.; lillS, ho-t G.L\X:.r:!.:. Ukt ~~ c..w.l-sL "HI)
;~ -~ ~ .;cl~t" ~,1Je l;)~ \X~nQ~ ~~g~J~-9-.--m-~K.~
_er\ j--b- ~~ ~ . _ _ - _ . __~___.~ ,__
. l ~
---- --r---'-~--- ~
fEB 0 9 1999
PlANN\NG & ION\NG
--+-r- . .-.
Town of Wappinger Zoning Board of Appeals
Area Variance Apjlication
Appeal No. ljq, 7 DOl
Page 3
~
D. IF YOUR V ARIANCE(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
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
4. LIST OF ATTACHMENTS (Check applicable information)
11/3
( v(SURVEYDAT
PREPARED BY
, LAST REVISED
-e..r
I //7//77 i AND
( )PLOTPLANDATED
( ) PHOTOS
( ) DRAWINGS DATED
\
(\1 ) LETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO
THE ZBA.
(e.g., recommendati nfr m the Planning Board / Zoning Denial) /">
LETTER FROM G I t1 "2 Ii- DATED: ;-:'J'. I~ 9 9
LETTER FROM DATED:
( ) OTHER (please list):
RECalED
FEe 0 9 1999
:;;\_AI~N\NG & ZONtNG
.
.
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. (lq -1 (,Jol
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
SIGNATURE &~~
(Appellant)
DATED:
~ /3>1 ql
SIGNATURE
DATED:
(If more than one Appellant)
..................... ........................... ...... ... ...... ... ...... ... ...... ........................ ......... ...
.................................... ......... ...... ............ ........................ ...... ........................
FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL / (xx) WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES / (XX) NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES. -
2. THERE ( ) IS (ARE) / 6cx) IS (ARE) NO OTHER FEASIBLE METHODS
A V AILABLE FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER
THAN THE REQUESTED V ARIANCE(S). Since the ownethas to have a front
entrance to come out of the front of the house.
3. THE REQUESTED AREA V ARIANCE(S) (n IS (ARE) / ( ) IS (ARE) NOT
SUBSTANTIAL.
4. THE PROPOSED V ARIANCE(S) ( ) WILL / (xx) WILL NOT HAVE AN ADVERSE
EFFECT OR IMP ACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT.
5. THE ALLEGED DIFFICULTY Qqc) IS / ( ) IS NOT SELF-CREATED.
~
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. QQ-1ool
Page 5
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE
BE (~GRANTED ( ) DENIED.
CONDITIONS/STIPULATIONS: The following conditions and/or stipulations were adopted
by resolution of the Board as part of the action stated above:
No conditions. (SEE ATTACHED ZBA MINUTES DATED MARCH 9, 1999, PAGE 3)
( ) FINDINGS & FACTS ATTACHED.
DATED: March 9. 1999
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
By:k~
M . (Chairma 'LJ.
PRI : --:f"""St'r 1/ rte46c:n...
SWORN TO BEFORE ME ON THIS
Ll '/l '\. qf;
~DAY OF ~ /\pt ("(I, ' 19~T
~~l'" l\~JJ,~
(Notary Public)
El{'J~tl~S~~~'!v'~~~ORK
NOTAR NO 14-3753190
QUALIFIED IN OU:~~ESS c.pUNlYtt-~OO
MY COMMISSION E)(PIRi:'~ "M'I...iL .
" .
.
Zoning Board of Appeals
Town of Wappinger
Summarized Minutes - March 9,1999
Page 3
Mr. Lehigh made a motion to close the public hearing.
Mr. diPierno seconded the motion.
V ote: All present voted aye.
Mr. Prager made a motion to grant the variance for the following reasons. It will not be detrimental to
nearby properties.
Mr. Walter Nagwak - 69 Osborne Hill Road - Stopped the meeting. He stated he did not grant the variance.
Mr. Lehigh explained to Mr. Nagwak that he was asked to come to the meeting for his input. The Zoning
Board of Appeals are the ones to either grant or deny a variance.
Mr. Prager continued with his reasons to grant the variance. No undesirable change will occur to the
character of the neighborhood. There is no other feasible alternative methods to achieve the benefit sought
since they need a front entrance to come out ofthe front of the house. It is a substantial variance. It will not
cause adverse effects to the physical or environmental conditions in the neighborhood.
Mr. diPierno seconded the motion.
ROLL CALL:
Mr. Warren:
Mr. Fanue1e:
Mr. Prager:
Aye.
Aye.
Aye.
Mr. diPierno:
Mr. Lehigh:
Aye.
Aye.
V ote: All present voted aye.
2. Appeal No. 99-7002 - At the request of Eckerd Retail Drul! Store. who is seeking an area variance of
Article IV, Section 410.4.3 (which requires comer lots to provide a yard equivalent to the front yard on the
side) and Section 420.4, which provides that the front setback is 75 feet from a State or County road. The
applicant is proposing a yard of 43.44 feet, thus requiring a 31.56 foot side yard setback variance in
order to construct a canopy on the proposed drug store. The property is located on the comer of Route 9
and New Hackensack Road and is identified as Tax Grid Nos. 19-6158-04-
550285/556293/546277/537298/540288/555308-00 (Town of Wappinger) and 29-6158-15-538265/538274-
00 (Village of WappingersFalls).
Mr. Pagones, Esq., was present.
Mrs. Nguyen stated all the mailings were in order.
Mr. Lehigh made a motion to open the public hearing.
Mr. Warren seconded the motion.
Mr. Pagones, Esq., was present on behalf of Ms. Van Tuyl, Esq. representing Eckerd Drugs. The applicant
was recently before the Board to obtain a variance, and they were granted a 54.5 ft. for the building. During