09-7388
TOWN OF WAPPINGER
SUPERVISOR
CHRISTOPHER J. COLSEY
ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-1373
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
February 11, 2009
1Y<s
~ ;~"'~
~, I ~^ tJ
..,~ ('""~(9
I"
."/
~~4-
To: Chris Masterson
Town Clerk
From: Barbara Roberti, Secre
Town of Wappinger Zoni
Re: Mid Hudson Chinese Church Decision
Appeal No. 09-7388
Attached you will find the original ApplicationIDecision & Order for Mid
Hudson Chinese Church, 306 All Angels Hill Road, Wappinger Falls, NY.,
Tax Grid No. 6257-02-966715. I would appreciate it if you would file these
documents.
Attachments
cc: Sou-Lun Huang
Jon Bodendorl
Zoning Board
Planning Board
Town Planner
Town File
Town Attorney
Building Inspector
~=-
.'. :/~ WAP~~~
~ ~/-t.<
i/~~ ,'-~ ~\C'~~\
,.. I ~ ~.\
: \ II
0" '.;.' \
c::.. ~">:I.'
.;t.,~' ~/
"~. ' . .,),.//
)~>= :;/~~~r
~~~ CQ\)~/.
--~/
TOWN OF WAPPINGER
P.o. Box 324 - 20 MIDDLEBUSH ROAD
W APPINGERS FALLS, NY 12590
Zoning Board of Appeals
Office: 845.297.1373.... Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
n \'7 [IT)
~! 2 ~ 20DS
< .1U
Application for an Area Variance.
Appeal #
tJ 9- -l~Rg'
.
Dated: -Jht<.&Vj 2-{, 2t?tl'7
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
IeWe)" Sou-Lun : (Sot) Huang residing at 32 Sherwood Heights
WapplnqerS Falls, NY 12590' , 845_ 298 0782'(phone), hereby appeal
to the Zoning Board of Appeals from the decision/action of the Zoning Administrator
dated July 14, , 200~, and do hereby apply for an area variance(s). '
Premises located at 306 All Ange 1 s Hi 11 Rd.
Tax Grid # 6257-02-9'6715
Zoning District R-40
1. Record Owner of Properw Mid Hudson Chinese Christian Church
Address 306 All Angels Hill Rd.
Phone Number845- 298
Owner Consent: Dated: 7 / 2 5 / 2008
2. Variance(s) Request:
Variance No. 1
I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following
requirements of the Zoning Code.
240-57C states that minimum setbacks from adjacent residential propertieE
shall be twice those otherwise required in their district.
(Indicate Artic!e~ Sectio'1t Subsection and Paragraph)
Required: 50 feet Sloe yara setback
Applicant(s) can provide: 32 + / teet
Thus requesting: Relief from the re uirements set torth ln cnapl:er 240-57C.
To allow: A side yard setback of 32 feet where 50 feet lS requlre . 1 S6 eat
TOW022.ZBA-AA V (4-03 Rev) I of 4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
Variance No. 2
I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following
requirements of the Zoning Code.
(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 the following questions in
detail. Use extra sheet, if necessary): -
A. If your variance(s) is(are) granted, how will the character of the neighborhood or nearby
properties change? Will any of those changes be neg-ative? P1e?lse explain your answer in detail. .
There will be no impact to the adjacent property based upon the following
The normal -setback of 25 ft. is still met. ~here is'also approx. 135..ft.
between, the the proposed bU1ld1ngandthe adJacent dwell1ng to the eas
Further, there 1S an eX1st1ng row ot 30 tt. h1gh evergreen trees along
the property llne that w1ll remain.
B. Please explain why you need the variance(s). Is there any way to reach the same result
without a variance(s)? Please be specific in your answer.
We have tried other layouts however they have all resulted in constraints
related to parking, drainage, and/or sewer. The area chosen works best
for the needs of the church and minimizes disturbances.
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.
The variance is for relief of 12 feet, which is approximately 25% less
than the requ1red setback. Aga1n we bel1eve that the 1mpact 1S m1n1mal
Slnce the eX1st1ng mature vegetated screening w1llrema1n 1n place.
D. If your variance(s) is(are) granted, will the physical environmental conditions in the
neighborhood or district be impacted? Please explain, in detail, why or why not.
The physical environmental conditions will not be impacted because the
the athletic act1vlt1es 'currently occur outside. _ The proposed bU1lding
w1ll allow for those act1v1t1es to occur 1ndoors, thereby reduc1ng
potent1al n01se 1mpacts to adJacent propert1es. Add1t1onaiiy, the
arch1tecture of the proposed structure w1ll match the eX1st1ng bU1lning.
The proposed building will be partially screened by the existing building
from Route 82 and All Angels Hill Road.
TOW022ZBA-AA V (W3 Rev) 2 of 4
,"
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please
explain your answer in detail.
The church has had the need for additional Sunday school classrooms
for some time now. In order to provide the addltlona~ c~assrooms, it
is necessary to add an additional building. The area chosen works best
best with the existinq site configuration.
F.ls your property uniqu'e in the neighborhood that is needs this type of variance? Please explain
your answer in detail.,
The property se'rves as a plp.ce of worship in a residential district.
The surrounding properties are prlmarlly resldentla~, however cheLe are
other places of worship withln 1 4 ml e ot thlS proper y.
4. list of attachmentS (C;heck applicable information)
. ( ) Survey Dated
Prepared by
., last Revised
and
() Plot Plan Dated
() Photos
( v1 Drawings Dated
(l{' 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:
{lis! '6tJQ B
,
() Other (please list):
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.
DATED: } - J/;>-..... 00;
SIGNATURE
(If more than one Appellant)
DATED:
TOWOllZBA-AA V (4-03 Rev) 3 of 4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / (x) WILL NOT produce an undesirable change in the
character of the neighborhood.
( ) YES / (x) NO, Substantial detriment will be created to nearby properties.
. .
2. There ( ) IS(ARE) / ex) IS(ARE) NO other feasible methods av~i1able for you to pursue to
. achieve the benefit you seek other than the requested variance(s). .
3. The requested area varlance(s) (x) IS(ARE) / ( ) IS(ARE) NOT substantial.
4. The proposed vanance(s) ( ) WILL / (x) WILL NOT have an adverse effect or impact on the
phYSical or environmental conditions in the neighborhood or district.
5.. . The alleged difficulty (x) IS / ( ) IS NOT self-created.
6. The property ex) IS / ( ) IS NOT unique to the neighborhood.
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:
:The ZBA has voted to grant an 18 feet side ard variance for the construction of an addition.
Where .50 feet is re uired the a licant could onl rovide 32 feet.
240-57C states that minimum$etbacksfrom ad.acent residential properties shall be twice
those otherwise required in their district.
~
A letter to the lannin board to be sent recommending the landbanking of 7 parking
s aces and either a fence or screening to the neighbor John Trosie.
( 19 Findings & Facts Attached.
DATED: February 11, 2009
ZONING BOARD OF APPEALS
PRINT: . ~b ~~
TOW022.zBA-AA V (4-03 Rev) 4 of 4
Chairman Fanuelle and members of Planning Board
Town of Wappinger Planning Board
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Mid-Hudson Chinese Christian Church
306 All Angels Hill Road
Tax parcel 6257-02-966715 (+4.04 acre)
Town of Wappinger, New York
Chairman Fanuelle and members of the Planning Board;
This letter is to certifY that Suo-Lun (Sol) Huang who is a church deacon
representing the owner of the property known as Mid-Hudson Chinese
Christian Church. The property is comprised of one 4.04 acre lot located
within the Town of Wappinger and having tax designation of 6257-02-966715.
We are aware of the proposed building addition adjacent to the existing church,
and associated site plan modifications, and hereby authorized Mr. Suo-Lun (Sol)
Huang to act on the Owners behalf for the submittal of Planning, Zoning,
Building and other relevant applications, as required, for approval of the proposed
improvements.
Mid-Hudson Chinese Christian Churc!1---.. /-. ."'. /_~._< .
Shawn Huang - Church Pastor ~t 1--..J'.~ / ,,<
Yi-heng Xu - Deacon Board preside:~ ~
Suo-Lun (Sol) Huang- Church Building Deac~..;'t
(" !
-~. .....
LANO DESiGN
Civil and Environmental Engineering Consultants
176 Main Street Beacon, NY 12508
Phone: 845-440-6926 Fax: 845-440-6637
www.HudsonLandDesign.com
December 5, 2008
Mr. Howard Prager, ZBA Chairman
Town of Wappinger Planning Board
20 Middlebush Road
Wappingers Falls, NY 12590
[:J r]
u 1) L~,
,j /\, ~\! ;~, y~
RE: Mid Hudson Chinese Christian Church- ZBA Application
300 All Angels Hill Road
Tax parcel 6257-02-966715 (:t4.04 acre)
Town of Wappinger, New York
.~'Jl%'
TO\N;\j
\:.:U,>
'~;~~~
~.;1
Dear Chairman Fanuele;
On behalf of the Applicant, Mid Hudson Chinese Christian Church (MHCCC), Hudson Land Design
(HLD) is pleased to submit the following:
· 1 copy- Application for an Area Variance
· Owners consent letter
· 8-copies Short form EAF
· Application fee in the amount of$350
· 8-copies- Site Plan set, dated December 5, 2009
The project proposes a new two story building adjacent to the existing church to accommodate Sunday
school classrooms, administrative offices, and indoor recreation area during church services. The project
does not anticipate an increase the number of congregants, and therefore the building will not serve for
additional or overflow of church parishioners. The required side yard setback as per S240-57C is 50 feet
(twice the required 25 feet for a non residential use adjacent to a residential use). The Applicant is
requesting relief from the requirements of S240-57C, to provide a side yard setback of 32 feet where 50
feet is required.
The Application was heard at the January 5, 2009 Planning Board meeting and the Board refered the
Application to the ZBA.
\
Mr. Howard Prager, ZBA Chairman
January 16. 2009
Page 20f2
We hope that the attached information is satisfactory and that this Application can be heard at the January
27,2009 meeting. Should you have any questions or require additional information, please feel free to
call me at 845-440-6926.
Very truly yours,
Michael A. Bodendorf, P.E.
Principal
www.HudsonLandDesign.com
,
~
~
....... ,;
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART 1- PROJECT INFORMATION (To be completed by A :>Dlicant or Proiect SDonsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME
Mid Hudson Chinese Christian Church Mid Hudson Chinese Christian Church
3. PROJECT LOCATION:
Municipality Wappinger County Dutchess
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
306 Old Angels Hill Road, (Off Old All Angels Hill Road), Wappinger, NY12590. The site is located across from the intersection
of CR 94 and Brown Road
5. PROPOSED ACTION IS:
o New 0 Expansion D Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Addition of a 5,600 sqft . education/recreation building on the south east side of the existing sociaVeducation wing. The proposed
building will consist 00,200 sqft. of sunday school classrooms and offices, and the remaining 2,400 sqft. will provide for indoor
recreation activities.
7. AMOUNT OF LAND AFFECTED:
Initially acres
Ultimately
acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
DYes IZl No If No, describe briefly
The proposed action will require a side yard setback variance from the Zoning Board of Appeals.
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
o Residential D Industrial 0 Commercial
Describe:
Other places of worship
o Agriculture 0 Park/Forest/Open Space IZl Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
DYes [(] No If Yes, list agency(s) name and permit/approvals:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
o Yes 0 No If Yes, list agency(s) name and permit/approvals:
Received Site Plan Approval for the existing sanctuary and education/social wing from the Town
of Wappinger in 1992.
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
o Yes D No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~
Applicant/sponsor name: Sou-Lun Huang ( Chu ~9 Deacon) ~ Date: 1- I ~
Signature: ~- ""~~ /... I. . L .A~
'-
/ /1
If the action is in the Coastal Area, ~nd you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
Reset
,
~T-i1 - I~ACT ASSESSMENT (To be comoleted by lead Aaency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
DYes 0 No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
DYes 0 No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
C5. Growth, subsequent development. or related activities likely to be induced by the proposed action? Explain briefly:
C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly:
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
DYes D No If Yes, explain briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
DYes 0 No If Yes, explain briefly:
PART 11I- DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (I.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question 0 of Part II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
o Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL
EAF and/or prepare a positive declaration.
o Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action Will
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination
Name of Lead Agency
Date
Print or Type Name of Responsible Officer in Lead Agency
Title of Responsible Officer
Signature of Responsible Officer in Lead Agency
Signature of Preparer (If different from responsible officer)
Reset