09-7406
TOWN OF WAPPINGER
f1t:CE/Vt:L
AUG 2 8 2009
SUPERVISOR
CHRISTOPHER J, COlSEY
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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
dl::C.EtV'ED
t.UG 2 8 2009
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August 11, 2009
To: Chris Masterson
Town Clerk
Re: Spooge, Inc. Decision
Appeal No. 09-7406
From: Barbara Roberti, Secretary
Town of Wappinger Zonin
Attached you will find the original ApplicationlDecision & Order for
Spooge, Inc., 684 Old Route 9N, Wappinger Falls, NY., Tax Grid No. 6157-
02-602780. I would appreciate it if you would file these documents.
Attachments
cc: Mr. Witkowski
Mr. Povall
Zoning Board
Town File
Town Attorney
Building Inspector
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TOWN OF WAPPINGER
P.O. Box 324 - 20 MIDDLEBUSH ROAD
WAPPINGERS 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
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Application for an Area Variance
Appeal #
cA~ olP
Dated:
~t-1 13 ,2tX>9
,
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
)]We) , tvll~ .': 1+K1J.VV<sk'1 ~ of lof?4- ,PLt ~~t1 N
~a,q:>~ fTLU~ 'I" ,~-.J1]- :llDD (phone), hereby appeal
to the Zoning Board of Appeals from the -decision/action of the Zoning Administrator,
dated JLl/-y LP , 200.:1, and do hereby apply for an area variance(s).
Premises located at lo~ q 01 d 14..-~L~ q N
Tax Grid # f 3- -~g'Cf- ~ 15/-0:2:-too:;Li go
Zoning District _ t-h1"" 'V'iA-y ~t"S ')
1. Record Owner of Property ~XYLe, In C./ ~,~; \Ie ~I+ri?vv <sk ( ___
Address b~4 O\?t 12Ou+<-, N i^l?.A-Pp~r~-f'~ rCLl)~ f'rY 1;L:50 D
Phone Numbers:t2-E- ,;LlDo ///J /J I /J /
Owner Consent: Dated: 't-,2-OC/ Signature: ~ IJ'----Z--.
Printed: tvt I eM t':.~ \IV I t--fLD V'J -:; K I
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. }.., t--... - _ fI
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D 4-0 AWDhf'v'1er1+ 4-. h-hlSY\\- N'o"'\~es;dtf\-haQ DIS{YILt':>
(Indicate Article, Section, Subsection and Paragraph)
Required: lOft .
Applicant(s) can provid~: 5ft,
Thus requesting: .5 H-. ~rftU'\~~
To allow: ~ Rrn~{)se pl;~il If\,g,~.(.( [,oJ I Cf"J'i-if b fSi~c;s
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TOW022.lBA-AA V (4-03 Rev) I of 4
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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
p~operties change? Will any of those changes be negative? PJe~se explain your answer in detail. .
The existing buiding is in very poor condition. The owner/applicant has determined it to
be necessary to have more space to efficiently operate his business. If the variances are
granted, a proposed new building will be constructed which will improve the overall
appearance of the property.
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.
The existing building is currently setback 2 feet from the property line. Due to the
narrowness of the lot, the main building and garage are proposed within the 10ft. setback
similar to the existin buildin . The main buildin is ro osed 5 ft. off the ro ert line
to allow for vehicle access to the rear of the buildin and a sidewalk. A 5 ft. zonin
variance will be required for the main building.
C. How big is the change from the standards set out in the zoning Jaw? Is the requested area
variance(s) substantial? If not, please explain, in detail, why it is not substantial.
The change from the standards set in the zoning law is 5 feet for the side yard setback.
Although the proposed building will fall within the 10 foot side yard setback, it will be 5
feet from the property line whereas the existing building now stands only 2 feet from the
property line.
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.
If the variance is granted, the physical environmental conditions in the neighborhood or
district will not be impacted. The proposed building will be constructed on an area that
currently consists of a gravel parking area.
TOW022.ZBA-AA V (4-03 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 need for this variance has come about as the owner of the property has determined it
necessary to have more space to efficiently operate his call center business. Therefore, a
new building is proposed to take the place of an existing office building which is in very
poor condition. Upon completion of the construction of the proposed building. the
existing building will be removed.
F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
This property is not unique in the neighborhood. Being in the HE. highway business
district. there are various businesses along the eastern side of Old Route 9 N. The
adiacent parcel to the north contains a car dealership and the adiacent parcel to the south
contains a newly constructed office building. Construction of a new building will
improve the look of the parcel and be consistent with the buildings within the
neighborhood.
4. List of attachments (C;heck applicable information)
,( ) Survey Dated
Prepared by
., Last Revised
and
(J)
'Plet-Plafl Dated ()'~O.;:L-OC:I, LLl5.f- ..keVl ~i/-I-Ot'1
s", -t P \ tLY\.--. I (I r:=: rvJ1 ---. /"
Photos . p--e1=tL r.?l lY-t ~ l--' TJ _'nft.VLf\tj' r 1---' LL'--.
~ )
() Drawings Dated
(v) Letter of Communication which resulted in application to the ZBA.
(e.g., recommendation from the Planning Board/Zoning Denial)
Letter from FP ('Jft~ A5:'SODL1tr's) I n Co , Dated: Ap-: II, )XX)1
Letter from Dated:
(.:l b.. l~ -3 t:.('-,
l.2.t.- PS ~ o~
() 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.
SIGNATURE
~ vJ-~?
(Appellant)
DATED: 1-.2-cr1
SIGNATURE
DA TED:
(If more than one Appellant)
TOW022.ZBA.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) / (X) IS(ARE) NO other feasible methods av~i/able 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 vadance(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 (lC) IS / ( ) IS NOT unIque to the neighborhood.
Conclusion: Therefo twas determined the requested variance
Be ~~~TED () DENIED.
Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution
of the Board as part of the action stated above:
The Z~A has voted to grant
proposed office building.
only provide 5 ft.
Condition: This variance
a 5 ft. side yard variance for the construction of a new
Where 10 ft. to the side is required, the applicant could
is sub;ect to site plan approval from the Planning Hoard.
(x) Findings & Facts Attached.
DATED: August 11, 2009
ZONING BOARD OF APPEALS
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;jChairmar;Jfl-;
PRINT: .~/tJe.b ~;&:f"/L
TOW022.ZBA-AA V (4-03 Rev) 4 of 4
1-2..-7
1906 Route 52, Suite 4
Wiccopee Plaza
Hopewell Jet., NY 12533
If. Drill
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Tel: (845) 897-8205 Fax (845) 897-0042
William H. Povall III, P.E.
July 2,2009
Town of Wappinger, Zoning Board of Appeals
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Site Plan for Spooge Inc.
Town of Wappinger, Dutchess County
Tax Grid # 13-5689-6157-02-602780
Dear Chairman Prager and Board Members:
On behalf of the owner/applicant, Spooge, l~c, we are submitting an application for an area
variance from the requirements of the zoning code Chapter 204, Attachment 4, Schedule of
Dimensional Regulations-Non Residential Districts. We are requesting a variance for a side yard
setback for a site plan as referenced above. The property is located at 684 Old Route 9 N,
approximately 1,500 feet south of the intersection with Middlebu~h Road. We are enclosing a
copy of a letter from Tatiana Lukianoff dated April 30, 2009 stating that the new proposed
structure will need to meet current zoning requirements as to setbacks and height. Because we
cannot meet the side yard setback requirement, we are applying for a variance.
We are currently before the Planning Board for Site Plan approval where the proposed layout has
been accepted by the board.
In support of the application we have enclosed the following documents:
1
I.
Eight (8) copies of the completed Application to Zoning Board of Appeals
Etght (8) copies ofthe Site Plan
Eight (8) copies of the Short Environmental Assessment Form
$375 Application Fee.
One ( 1 ) copy of the above referenced letter from Tatiana Lukianoff
2.
3.
4
5.
I would respectfully request that this project be placed on your next Zoning Board Agenda.
Please do not hesitate to contact this office should you have any questions. Thank you.
Very Truly Yours,
V"J ~ ~L 1)vw l1t
William H. Povall Ill, P.E,.__~
cc: Mike Witkowski, Spooge, Inc.
,
.
TOWN OF WAPPINGER
FIRE INSPECTOR
MARKJ.L1EBERMANN
SUPERVISOR
CHRISTOPHER J. COLSEY
CODE ENFORCEMENT OFFICERS
GEORGE A. KOLB JR.
SALVATORE MORELLO III
SUSAN DAO
ZONING ADMINISTRATOR
TATIANA LUKIANOFF
BUILDING DEPARTMENT
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-6256
FAX: (845) 297-0579
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
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April 30, 2009
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TOWN OF Wi'"PPII'Jc;U:1 .
Mr. Victor Fanuele, Chairman
Town of Wappinger Planning Board
Re: Suooe:e. Inc.
684 Old Route 9N HB zone 0.26.acres
Tax Grid # 6157-02-602780
Dear Mr. Fanuele,
The above referenced parcel, in its current configuration, existed prior to zoning. The
current structure on the site, based on Dutchess County property records, was built in
1940. At that time there were no setback requirements for said structure and only later
regulations made both the structure and the lot dimensionally non-conforming.
The Code ofthe Town of Wappinger, in Chapter 240, Sections18F.andG, .addresses the
issues of undersized lots.
F. Existing undersized lots. A lot, the area or dimensions of which are less than that required
for the district in which it lies, may be deemed to qualify for the issuance of a building permit,
provided that all the following requirements are met (see also S 240-388):
[Amended 9-24-2001 by L.L. No. 5-2001; 9-9-2002 by L.L. No. 13-2002}
(1) The lot met the zoning requirements at the time the deed to the lot in its current
configuration was recorded in the office of the County Clerk, Division of Land Records.
(2) All applicable district regulations as set forth in the Schedule of Dimensional
Regulations, other than the minimum lot area and lot width and lot depth, are complied with.
(3) The lot was separated in ownership from any adjoining tracts of land on the effective
date of this chapter. If the owner of such lot owns other lots contiguous thereto, such other lots or
so much thereof as may be necessary shall be combined with the first-named lot to make one or
more conforming lots, whereupon a permit may be issued, but only for such combined lots.
G. Lots made nonconforming by future amendment.
(1) When and where the required area or dimensions of lots may be changed by future
amendment of this chapter, any legal lot existing at that date and made nonconforming by such
amendment may be built upon, subject to the limitations contained in S 24D-18F herein.
'.
Based on the above sections the referenced parcel pleets the requirements for receipt of a
Building Permit which will be mandatory following Site Plan approval. The proposed new
structure will need to meet current zoning requirements as to setbacks and height. If
those requirements cannot be met the applic~t must apply for area variance(s).
cc: Planning Board Members
Mr. Al Roberts, Attorney to the Town
Mr. Bob Gray, Engineer to the Town
Mr. David StoIman, Planner
Mr. Bill Po vall, engineer to applicant
file
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617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
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PART 1_ PROJECT INFORMATION (To be completed by A )plicant or Project Sponsor) "
1. APPLICANT/SPONSOR 2. PROJECT NAME .,.1 ~.~. '..., 1 1: L!,U;'
Mike Witkowski, Spooge, Inc. Site Plan for Spooge, Inc. ZO t'JI t\J(3 lJ..r.'~ fVJ; r~ 1 S TRJ~ Tr~)~-
3. PROJECT LOCATION: I \.l vv 1'1 ut- VII t\PPI NGEH
Municipality Wappinger County Dutchess
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc" or provide map)
684 Old Route 9 N. Property is located to the west of U.S. Route 9 and to the east of Old Route 9 N approximately 1,500 feet south
of the intersection with Middlebush Road.
5, PROPOSED ACTION IS:
o New o Expansion o Modification/alteration
6, DESCRIBE PROJECT BRIEFLY:
We are proposing a 2-story building with 1,775 square feet on each floor.
7, AMOUNT OF LAND AFFECTED:
Initially 0,27 +/- acres Ultimately 0.27 +/- acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
DYes lZ]NO If No, describe briefly
A 5 foot side yard setback is requested
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
D Residential o Industrial [{] Commercial D Agriculture D Park/Forest/Open Space D Other
Describe:
The existing building, which will be removed upon construction of the proposed building, currently is used as an office for a
security business.
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMA TEL Y FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[(]Yes DNO If Yes, list agency(s) name and permit/approvals:
Planning Board Approval; NYSDEC & Town Of Wappinger wetland disturbance permit
11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes [(]No If Yes, list agency(s) name and permit/approvals:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
DYes [{] No
I CERTI~'yATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: I /'\.../~ Date: [-2-00,
Signature: UI [Ntt vVlfJLc)'vVq( ·
If 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
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RART II _ IMPACT ASSESSMENT (To be completed bv Lead A~encv)
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 [{] 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 [{] 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 pattem, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
No
C2. Aesthetic, agricultural, archaeological, historic. or other natural or cultural resources; or community or neighborhood character? Explain briefly:
No
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
No
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:
No
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
No
C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly:
No
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
No
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
DYes [Z] No If Yes, explain briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
DYes [2] No If Yes, explain briefly:
PART \II _ 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 (Le. 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 D 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.
D 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)
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