92-233
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CORBALL Y, GARTLAND AND RAPPLEYEA
AttarurtlS aub Cltauusrlars at 1I1aw
CHARLES J. CORBALLY (1966)
JOHNJ.mARTLAND.JR.
ALLAN E. RAPPLEY EA
DANIEL F. CURTIN.
FRED W. SCHAEFFER
JON HOLDEN ADAMS
MICHAEL G. GARTLAND
VINCENT L. DEBIASE
PAUL O. SULLIVAN.
WILLIAM F. BOGLE, JR.
RENA MUCKENHOUPT O'CCJNNOR
.MEMBER N.Y. AND FLORIDA BAR
BARDAVON BUILDING
BANK OF MILLBROOK BUILDING
FRANKLIN AVENUE, P.O. BOX 874
MILLBROOK, NEW YORK 12545-0874
914-677-5539
35 MARKET STREET
POUGHKEEPSIE, NEW YORK 12601-3285
FAX 914-454-4857
FLORIDA OFFICE: 813-461-3144
611 DRUID ROAD EAST, SUITE 101 I>. 102
P.O. BOX 10213
CLEARWATER. FLORIDA 34617
STEPHEN G. WATTS, OF COUNSEL..
..MEMBER OF F'LORIDA BAR ONLY
TELEPHONE 914-454-1110
MILTON M. HAVEN
COUNSEL
EDWARD J. MURTAUGH
SPECIAL COUNSEL
914-471-6320
FAX #914-471-4593
september 15, 1992
RECEiVED
SEP ., 5 19~?
PLANNING & ZONING
Joel Sasser, Chairman
Zoning Board of Appeals
Town of Wappinger
20 Middlebush Road
Wappinger Falls, New York 12590
Re: Alpine Company of poughkeepsie - Area
Variance Application
Our File No.: 92-233
Dear Chairman Sasser and Members of the Board:
The purpose of the following is to supplement the information
contained in the application form to reflect the revised standards
which are applicable to an area variance as of July 1, 1992.
Applicant requests an area variance to reduce the number of
required loading docks for building to be occupied by BJ's from the
required number of 14 to 7. The variance is requested to
accommodate the limited needs of the sole occupant of this single
tenant building. The presence of only one tenant, BJ' s, which
operates its own distribution system and <delivers i~s merchandise
by its own delivery vehicles, would create an unnecessary surplus
of loading spaces if the zoning law was followed. The zoning law,
by use of a generalized standard, fails to consider limited need
for loading zones given such factor. BJ' s is a large and
experienced retailer; through its prior retailing experience, it
has determined that its acti vi ties can be accommodated with a
reduced number of loading facilities.
The granting of the variance would conform to the current
standards applicable to area variances as of July 1, 1992. Those
standards, as applied to the application, permits the following
analysis:
COR BALLY. GARTLAN D AN D RAPPLEYEA
September 15, 1992
Page 2
a. The reduction in the number of loading zones will
not create an undesirable change in the
neighborhood nor would be detrimental to nearby
properties. It will have a beneficial impact by
enhancing the appearance of the building not
burdened with loading zones which have no
functional use. Addi tionally, the nature of the
retail merchandising of BJ's is such as to create a
larger floor area then found in conventional stores
to facilitate movement wi thin the store. The
greater floor space devoted to aisles does not
require a correlative increase in loading areas.
b. The reduction in number of zones cannot be achieved
by any method other then by a variance. The
planning board is not empowered to waive the
provisions of section relative to loading zones.
By contrast, Section 471.2 of the Zoning Law
permits a wavier of parking.
c. The request in reduction is not substantial. The
building will have seven loading docks which will
be sufficient for a single tenant building.
d. The proposed variance will not have an adverse
effect or impact on the physical or environmental
condi tions in the neighborhood or district. The
district is zoned for shopping center use. The
planning board has approved the site plan subject
to the granting of an area variance. That site
plan contemplates the presence of seven loading
docks. The addition of further loading docks would
be detrimental to the site plan as approved. A
recent review of a comparable BJ's unit in Albany,
New York revealed that at no time were more then
two loading docks in use.
e. The difficulty is self-created but this should not
preclude the granting of the area variance. The
zoning law provide for no waiver of loading dock
requirements; by contrast, the law permits a waiver
of parking requirements (Section 471.2). A
variance should be granted to provide for a more
flexible standard that recognizes that all uses are
not the same, and that different uses create
different demands for loading areas.
CORBALLY, GARTLAND AND RAPPLEYEA
September 15, 1992
Page 3
On behalf of the applicant, a decision granting the area
variance is~requested.
JHA:tml
cc: Alpine Company of Poughkeepsie
-------.
Very trulyyour ?
//
c.o 0.7 R ALLY. GA / & RAPPLEYEA
(- \~
Jon Hold
/
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Town of Wappinger
;-
ZONING BOARD OF APPEALS
Wappingers Falls, New York 12590
irri.ainu' & (@rllrr
Name of Applicant: The Alpine Compa~y of Poughkeepsie
Address: 1029 North Road, Westfield, Ma. 01085 Grid No.# 6157-02-766660
Location of Property: Route 9,' between Myers Corners Zone: Shopping Center
Nature of Request: Road & Old Hopewell Rd.
Variance of Article. IV Section 476.21 for the BJs store, in that your are required to
have (14) fourteen loading docks, and you are showing (7) seven. Therefore requiring
a variance of (7) seven loading docks.
Date of Advertisement: September 16, 1992 - Southern Dutchess News
Date of Public Hearing: September 22, 1992
Place of Hearing: Town Hall, 20 Middlebush Road, Wappingers Falls, New York
MEMBERS PRESENT:
Mr. Sasser
Mr. Hirkala
Chairman
Vice' Chairman
Member
The matter having duly come on to be heard before a duly convened meeting of the
Board on' the 22 nd day of September 1992 and the:facts, matters and evidence
produced by the applicant, the Zoning Administrator and interested parties having
been duly heard, received and considered and due deliberation having been had, the
following are the
FINDINGS OF FACT:
Mr. Brooker
Mr. Lehigh
Member
Member
The subject premises is located in the SC district with the following setbacks: Front
100 feet; Side 50 feet; on property located on Route'9 between ~yers Corners Road &
Old Hopewell Road, which is a New York State Highway. The Board requested and. received
comments from Mr. Raymond Arnold, Planner to the Town of Wappinger, who indicated
the support of the proposed variance.
A short form EAF has been submitted as per SEQRA reguirements and a Negat.ive Declaration
is in order since it appears that there will be no major impact' on the environment.
The Board has determined that the variance will not change the character of the locality,
and the effect on the physical conditions of the locality will be enhanced by the
granting of the variance.
THEREFORE, based upon the above finding of fact, it is hereby ORDERED, that the
application or appeal be and the same is hereby GRANTED, subject to:
1) If the use of the BJs store ever changes, that this shall revert back to the present
Zoning Law.
2) As long as the. request as stated by the attorney for the applicant becomes a part of
this approval ( Copy of letter dated September 15, 1~92 attached) so that if there is
a variation from that request, or from the intent of that request that the variance
becomes null and void.
3)Tfuat the tractor trailers shall not. be parked anywhere on the property except in the
loading areas.
THEREFORE,based upon the finding of fact, it is hereby ORDERED, that the
application or appeal be and the same is hereby GRANTED
,
The decision of the Zoning Administrator is hereby REVERSED.
Filed, Office
on '-, \(~. day
,:;><
Zoning Clerk
ST TE OF ~W YORK',' CO OF DUTCHESS ss: . ,/
On the ,;v'. day ofk~k<:.. /~-1'-- before me personall 'm~,t:Z'~/...4~..4J..;$0'
Chairman:of the-Zoning Board of Appeals of the Town of Wap ngers Falls, N. Y. to me
known as the .indiv~du~~ described in.andwho executed the fore oing statements, and
acknowledged" that' 7;;'MX~!G..1!YMo~he same. .,-: '.
..' Notary Public, State of New York
No. 4646142 ~ ./-
. Qualified In Westchester coun~~ - ~
CGmmlssion Expires March 30, 1~
of the ~own Clerk, Wappingers Falfs..f....~......'.........-..~.. .
of,&e/0Kl.M.j)e. I,/t(]... ... t.
v . i" ....~~W
Dated, Wappingers Falls, N.'Y.
this 23rd day of September, 1992
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