1999-06-29
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TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
PROJECT TITLE:
Alpine Company of Poughkeepsie - Appeal No. 99-7022 (Referral
to the Planning Board and Town Board)
MEETING DATE: Augus t 24. 1999
DATE PREPARED: August 13, 1999
DATE DUE: Augll~t 19, 1999
THE ATTACHED HAS BEEN REFERRED TO YOU FOR YOUR COMMENTS AND
RECOMMENDATIONS. PLEASE SUBMIT ANY COMMENTS TO THE TOWN OF
WAPPINGER ZONING BOARD OF APPEALS, ATTN.: ZONING ADMINISTRATOR, 20
MIDDLEBUSH ROAD, WAPPINGERS FALLS, NY 12590 WITHIN FIFTEEN (15) DAYS.
( X) TOWN FILE
( .) ZONING BOARD MEMBERS
( ) FIRE PREVENTION BUREAU
( ) DUTCHESS COUNTY PLANNING AND DEVELOPMENT
( ) VILLAGE OF WAPPINGER FALLS ZONING BOARD
( ) TOWN OF FISHKILL ZONING BOARD
( ) TOWN OF EAST FISHKILL ZONING BOARD
( ) TOWN OF LAGRANGE ZONING BOARD
( ) TOWN OF POUGHKEEPSIE ZONING BO;WD
(X) TOWN OF WAPPINGER PLANNING BOARD {J Cop '1 )
(X) TOWN OF WAPPINGER TOWN BOARD ( J CopY),
****************PLEASE NOTE ANY VIOLATIONS UPON YOUR Rtv'IEW*****************
AREA V ARIANCE(S) APPLICATION
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
APpeal#~~ %O;);;}
Date: b ;;Jl tj
Fee: ~ :J,5r.J on
Receipt :).1 < S-3
TO THE ZONING BOARD OF APpEALS, TOWN OF WAPPINGER, NEW YORK:
I (We) Alnine Company of Poughkeensie
(Name of Appellant(s)
, of
790 South Road. Poughkeepsie. New York 12601
(Mailing Address)
914-297-7600
(Tel. Nos. Home/Work)
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION/ACTION
OF THE ZONING ADMINISTRATOR, DATED June 17. 1999 AND DO HEREBY APPLY FOR AN
AREA VARlANCE(S).* ~'@
Premises located at Route 9 Wain crs Falls New York Al ine Commons ~
(Address of Property) ...~Cjfj
f ~~~ \
W157 02 707773 Sc. HD j'\j~ . a~U~
(Grid Nos.) (Zoning District) V ~\~\S\\~
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1. RECORD OWNER OF PROPERTY Alpine Company of Poughkeepsie "L'~)\"
(Name)
790 South Road. Poughkeepsie. New York 12601
(Address) 'er)
OWNER CONSENT: Dated: :L.re ;).<,IQqq Signature. ;/
Printed: Edwar A. Kello
2. V ARIANCE(S) REQUEST:
. V AIUANCE 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.
Article III. Section 330. Article IV. Section 420.4
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: conformance with all SC bulk requirements of SC portion and all HD requirements for HD
portion
APPLICANT(S) CAN PROVIDE: Lot which. as a whole. meets minimum SC and HD bulk requirements
THUS REQUESTING: Variance from requirements of Zoning Law Section 330
*Only in the event that the Zoning Board,of Appeals affirms the June 17, 1999 determination by the Acting
Zoning Administrator. '
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 2
TO ALLOW: Creation of the "Development Parcel" as shown on the "Subdivision Plan Alpine Commons"
dated April15. 1999. Prepared by C.T. Male Associates. P.C.
VARIANCE NO.2
I (WE) HEREBY APPL Y 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 the following 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.
Please see the attached.
B. PLEASE EXPLAIN WHY YOU NEED TIIE V ARIANCE(S). IS THERE ANY WAY TO
REACH THE SAME RESULT WITHOUT A V ARIANCE(S)? PLEASE BE SPECIFIC IN
YOUR ANSWER.
Please see the attached.
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JUN ~ 5 1999
t^-
ZONING ADMINISTRATOR
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 3
C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUT IN THE ZONING LAW?
IS THE REQUESTED AREA V ARIANCE(S) SUBSTANTIAL? IF NOT, PLEASE EXPLAIN,
IN DETAIL, WHY IT IS NOT SUBSTANTIAL.
Please see the attached.
D. IF YOUR VARIANCE(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.
Please see the attached.
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICULTY SELF-CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
Please see the attached.
4. LJST OF ATTACHMENTS (Check applicable information)
( ) SURVEYDATED
PREPARED BY
, LAST REVISED
~(0~~W~[D)
(X) PLOT PLAN DATED April 15, 1999
JUN G 5 1999
~
ZONING ADMINISTRATOR
( ) PHOTOS
( ) DRAWINGS DATED
(X) LETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO THE ZBA.
(e.g., recommendation from the Planning Board/Zoning Denial)
LETTER FROM Acting Zoning Administrator DATED: June 17, 1999
LETTER FROM DATED:
(X) OTHER (please list): Addendum to Area Variance Application: Short Form EAF
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 4
5. SIGNATURE AND VERIFICATION
PLEASE BE ADVISED THAT NO APPLICATION CAN BE DEEMED COMPLETE UNLESS
SIGNED BELOW.
SIGNATU
DATED:=L't d~i 190ft-
SIGNATURE
DATED:
(if more than one Appellant)
................................................... ..... ................... ...................................................................................
FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILLI ( ) WILL NOT PRODUCE AN UNDESIRABLE
CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES I ( ) NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES.
2. THERE ( ) IS (ARE) I ( ) IS (ARE) NO OTHER FEASIBLE METHODS AVAILABLE FOR
YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER THAN THE
REQUESTED V ARIANCE(S).
3. THE REQUESTED AREA V ARIANCE(S) ( ) IS (ARE) I ( ) IS (ARE) NOT SUBSTANTIAL.
4. THE PROPOSED V ARIANCE(S) ( ) WILL I ( ) WILL NOT HAVE AN ADVERSE EFFECT
OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE
NEIGHBORHOOD OR DISTRICT.
5. THE ALLEGED DIFFICULTY ( ) IS I ( ) IS NOT SELF-CREATED.
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"
JUN G 5 1999
f'I--'
ZONING ADMINISTRATOR
H
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
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:
( ) FINDINGS & FACTS ATTACHED.
DATED:
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:
(Chairman)
PRINT:
SWORN TO BEFORE ME ON THIS
DAY OF ,1999
(Notary Public)
gll-I-J2061zba application
ADDENDUM TO AREA VARIANCE APPLICATION
ALPINE COMMONS
Based on a determination by the Town of Wappinger Acting Zoning Administrator, dated
June 17, 1999, Alpine Company of Poughkeepsie ("Alpine") is requesting a variance from the
provisions of Section 330 ofthe Town of Wappinger Zoning Law ("Zoning Law") to allow creation
of a lot within the Alpine Commons Shopping Center. The proposed lot is divided by a zoning
district boundary line, with :l:7.85 acres within the SC zoning district and 2.75 acres within the HD
zoning district. Section 330 ofthe Zoning Law as interpreted by the Acting Zoning Administrator
requires that each portion of the lot comply with all of the bulk requirements of a lot within each
district. The proposed lot as a whole, meets all ofthe minimum bulk requirements ofthe SC and HD
zoning districts.
For the reasons set forth below, Alpine respectfully requests that the Zoning Board of
Appeals grant an area variance from the requirements of Section 330 of the Zoning Law to allow
creation of the proposed lot:
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 NEGATIVE? PLEASE
EXPLAIN YOUR ANSWER IN DETAIL.
As shown on the enclosed "Subdivision Plan Alpine Commons" dated April 15, 1999,
prepared by C.T~ Male Associates, P.C. ("Subdivision Plan"), Alpine is proposing to subdivide the
existing :l:86 acre shopping center lands into a:l: 7 6.2 acre "Shopping Center Parcel" and a:l: 1 0.6 acre
"Development Parcel". Alpine has recorded an Easement and Maintenance Declaration, dated
June 2, 1999 which ensures that the entire :l:86 acre shopping center will continue to operate as a
unified shopping center. Accordingly, since the Development Parcel will continue to be used for
shopping center purposes as a portion of the Alpine Commons Shopping Center, no change in the
character in the neighborhood or nearby properties will result from the granting of the variance.
B.PLEASE EXPLAIN WHY YOU NEED THE V ARIANCE(S). IS THERE ANY
WAY TO REACH THE SAME RESULT WITHOUT A VARIANCE(S)?
PLEASE BE SPECIFIC IN YOUR ANSWER.
Alpine is restricted from adding additional lands within the shopping center to the
Development Parcel because of existing lease and financing agreements and because ofthe presence
of physical improvements on the remaining Shopping Center Parcel. No additional SC-zoned land
owned by Alpine could be added to the Development Parcel so that the SC-zoned portion would
meet the minimum requirements ofa lot in the SC district. Accordingly, there is no feasible means
to achieve the desired result without a variance.
[ffi ~ ~ ~ ~\Yl~ IDJ
JUN 25 1999
ZONING ADMINISTRATOR
C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUT IN THE
ZONING LAW? IS THE REQUESTED AREA V ARIANCE(S)
SUBSTANTIAL? IF NOT, PLEASE EXPLAIN, IN DETAIL, WHY IT IS NOT
SUBSTANTIAL.
The requested variance is not substantial. The proposed Development Parcel would conform
to the minimum requirements of the SC district and the minimum requirements of the HD district.
Absent the presence of the zoning district boundary, no variance would be required to create the
Development Parcel.
D. IF YOUR V ARlANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL
ENVIRONMENT AL CONDITIONS IN THE NEIGHBORHOOD OR
DISTRICT BE IMP ACTED? PLEASE EXPLAIN, IN DETAIL, WHY OR
WHY NOT.
As stated in "A" above, the variance will not result in any physical change in environmental
conditions in the neighborhood or district. The Development Parcel will continue to be an integrated
part of the existing Alpine Commons Shopping Center.
E. HOW DID THE NEED FOR AN AREA V ARlANCE(S) COME ABOUT? IS
YOUR DIFFICULTY SELF-CREATED? PLEASE EXPLAIN YOUR
ANSWER IN DETAIL.
In order to develop the balance of the Alpine Commons property not already occupied by
existing tenants, parking and utility improvements, Alpine is proposing subdivision of the
Development Parcel to meet financing and lease obligations. Due to the presence of physical
improvements (i.e. parking) to the north ofthe Development Parcel, no additional SC zoned lands
owned by Alpine are available to be added to the Development Parcel. Additionally, the presence
ofthe SC/HD zoning district line predates Alpine's ownership of these lands. Without such line,
no variance would be required to create the Development Parcel.
For the foregoing reasons, Alpine respectfully requests that the Zoning Board of Appeals
grant the requested area variance.
GIIIJ206\ADDENDUM TO AREA VARIANCE APP
~~~~~~~ill)
JUN ,,5 1999
lON\NG AOM\N\SlRJ\10R
..,~.
TOWN OF WAPPINGER
ZONING DEPARTMENT
20 MlDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS. NY 12590-0324
TELEPHONE: (914) 297-6257
FAX: (914) 297-4558
CONSTANCE O. SMITH
Supervisor
Thursday, June 17, 1999
fPd ~ @ ~ D. WI fE rw
JUN ~ 5 1999
lONlNG A~'STRATOfll
David C. Kuracina Esq.
Shanley, Sweeney, Reilly &. Allen, P.C.
The Castle at Ten Thurlow Terrace
Albany, New York 12203
RE: ALPINE COMMONS - PROPOSED SUBDIVISION-CT MALE PLAN
DATED APRIL 15TH, 1999
Dear Mr, Kuracina:
In reference to the above project I make the following determination in
reference to the lot area of the proposed subdivision.
The lot in question is located in the Shopping Center (SC) and Highway
Design District(HD). Approximately 7.58 acres lies within the SC Zone.
Approximately 2.75 acres lies within the HD zone.
Zoning Law Section 420.4 requires a minimum of 10 acres for the SC zone
and 5 acres for the HD Zone.
The submitted plan provides for approximately 7.58 acres in the SC Zone and
2.75 acres in the HD Zone.
UUl.S~l.SU ill ~~
14.,&<:, ~9/9~,\-Texl-'2
I PROJECT LO. NUMBER
617.20 JU N 2 5 1999
Appendix C fJ-
State Environmental auallt~lf\\YI\\rhJillMIMI~TRATOR
SHORT ENVIRONMENTAL ASS~S'MENT'FO"R'M
For UNLISTED ACTIONS Only
PROJECT INFORMATION (fa be completed by Applicant or Project sponsor)
2. PROJECT NAME Alpine Commons
.SEQR
PART I
1. APPLICANT /SPONSOR
Alpine Company of poughkeepsie
3. PROJECT LOCATION:
Municipality Town of Wappinger County
4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map)
Route 9, Wappingers Falls, New Xor~ - Alpine Commons
'putchess
..
5. IS PROPOSED ACTION:
," ~ New 0 Expansion
6. DESCRIBE PROJECT BRIEFLY:
"
o Modlllcatlonlallerallon
Area variance to permit creation 0
district boundary line where each portion
,meet all of the mininum bulk requirements
district.
y a zon~ng'
of ~he lot does not
of a lot in each
7. AMOUNT OF LAND AFFECTED:
Inlllally :t 1 0 . 6 acres Ultlmately:t 10 . 6 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
Dil Yes 0 No 1/ No, describe brlelly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
B Residential 0 Industrial 0 Commercial
Descrlba: The proposed lot is within the
Residential areas exist in the
o Agrlcullure 0 ParklForesUOpen space . 0 Other
existing Alpine Commons shopping center.
vicinity of the shopping center.
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL.,
STATE OR LOCAL)?
6a.Yes 0 No If yes, list agency(s) and permlUapprovals
Subdivision approval from the Town of Wappinger Planning Board
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
DYes fiNo If yes, IIsl agency name and permlUapproval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
DYes ~No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
.~
Poughkeepsie
Dale:I~ ~-< ,qq?
,
Edward A. Kello
If the action Is In the Coastal Area. and you are a state agency. complete the I
Coastal Assessment Form before proceeding with this assessment
I
OVER
1
.. .
6/17/99
Page 2 of 2 pages
Alpine Commons
Zoning Law section 330 addresses lots in two or more districts and requires
each PORTION of such lot Comply with the requirements of the district
regulations as provided in ZL Section 420.4.
. Therefore I determine that the lot area of Your aforementioned plan does not
conform to the bulk requirements under the Town of Wappinger Zoning Law
section 420.4.
Pursuant to Zoning Law section 510.2.1, you may appeal this determination
to the Zoning Board of Appeals.
If you have any further question feel free to contact me at (914) 297-1373
during business hours.
YOm ~.
l~ ~,tA.t/d:2-t;f4/'J
Maf? Liebermann Acting Zoning Administrator
mifE@[€DWl[€W
JUN 25 1999 '
fYL ;'
ZONING ADMINISTRATOR
cc: Edward Kellogg
Albert P. Roberts Esq. - Attorney to the Town
Joseph Paggi - Engineer to the Town
Planning Board