11-7431
SECRETARY TO ZONING BOARD
Susan Dao
ZONING BOARD OF APPEALS
Howard J. Prager, Chairman
Thomas DellaCorte
AI Casella
Patrick McVeigh
Michael Kuzmicz
May 4, 2011
To: Chris Masterson
Town Clerk
TOWN OF WAPPINGER
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ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
W APPINGERS FALLS, NY 12590
Phone 845-297-1373
Fax: 845-297-0579
E-Mail: Sdao(Q)townofwappinger.us
From: Susan Dao, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Mr. Kevin Lund
Appeal No. 11-7431
TOWN SUPERVISOR
Christopher J. Colsey
TOWN BOARD
William H. Beale
Vincent Bettina
Ismay Czarniecki
Joseph P. Paoloni
Attached you will find the original Application/Decision & Order for Mr. Kevin Lund,
1145 Route 9., Wappinger Falls, NY.
I would appreciate it if you would file these documents.
cc: Mr. Kevin Lund
Howard Prager
Tom Dellacorte
Town File
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TOWN OF WAPPINGER
P.O. BoX 324 - 20 MIDDLEBUSH ROAD
W APPINGERS FALLS, NY 1 2590
PLANNING & ZBA
:JAN 07 2011
Zoning Board of Appeals
Office: 845.297.1373 '" Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
MINUTES
APPROVED
Application for an Area Variance
ORIGINAL
/ -7- /1
Appeal #
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Dated:
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I(We), Kevin B. Lund residing at ,1285 Route 9
Wappingers Falls, NY 12590 , 845-797 - 1980 (phone), hereby appeal
to the Zoning Board of Appeals from the decision/action of the Zoning Administrator,
. dated January 7, 2011 , 200_, and do hereby apply for an area varlance(s).
Premises located at 1145 Route 9
Tax Grid # 135689-6157-04-649068
Zoning District HO
1. Record Owner of Property 1145 Route 9 Corp.
Address 1285 Route 9
Phone Number 845-2.!Z-- 1980 J/ /'
Owner Consent: Dated: January 7, 2011 Signature: ~
Printed: Kevin B. Lund
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.
Article V 240-29 F(2) (a)
(Indicate Article, Section, Subsection and Paragraph)
Required: 25ft from front lotline
Applicant(s) can provide: 1ft
Thus reque~lng: 24ft Variance
To allovv: P acement ot the monument sign within a reasonable distance to the Route 9
travelled way and site entrance from Route 9
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TOW022ZBA-AA V (4-03 Rev) ) of 4
MAY 0 3 2011
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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
properties change? Will any of those changes be negative? Ple~se explain your answer in detail.
The area where the proposed monument sign will be placed currentl contains commercial lan
uses S1m1 ar to the proposed land use. The proposed monument si n location will conform
e eX1st1ng c aracter of this Route 9 business corridor. No si n is
ong Osborne Hill Road.
B. Please explain why you need the varlance(s). Is there any way to reach the same result
without a varlance(s)? Please be specific In your answer.
The 24ft front yard variance for the monument sign location is necessary to allow placement of
e s1gn W1t 1n a reasonable viewing distance from the Route 9 travelled way. The ro osed
ocat1on conforms with the other existing monument sign locations a on the Route 9 corridor.
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 required front yard setback to the monument sign is specified at 25ft. The a licant
W1S es to construct the sign with a 1ft setback from the front lotline. Thus a 24ft variance'
1S requested. This variance will allow the proposed site to conform with the existin
c aracter of the current Route 9 commercial land use corridor. Therefore it is beli at
th1s requested variance is not substantial.
D. If your varlance(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 variance involves the placem~nt of a monument si n
currently stated in the zoning' code. The front yard variance of 24ft
W1 no a ect any'env1ronmental conditions on or in the vicinity of
TOW022.ZBA-AA V (4-03 Rev) 2 of 4
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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 existing front lot line for the project site is located approximately 40ft from the
rave e way 0 Rqute 9. This lot line has always existed and has not been moved b the
owner/app11cant. Placement of the proposed monument sign in a location that conforms
e eX1sting character. of the Route 9 corridor will re uire a 24ft front ard variance.
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F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer In detail.
The subject property has a front lot line that is relatively far from the travelled way of
Route 9. The large expanse of grassed area between the travelled way and the front lot line
creates the need for this monument sign variance.
4. LIst of attachments (Check applicable information)
( ) Survey Dated
Prepared by
, Last Revised
and
() Plot Plan Dated
() Photos
00 Drawings Dated January 7, 2011
() 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: .
() 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
J~ t:
. (Appellant)
Kevin B. Lund
DATED: January 7, 2011
SIGNATURE
DATED:
(If more than one Appellant)
TOWOllZBA-AA V (4-03 Rev) 3 of 4
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Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal NO.11-7611
FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / Q09 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 available for you to pursue to
achieve the benefit you seek other than the requested variance(s).
3. The requested area variance(s) (X) IS(ARE) / ( J IS (ARE) NOT substantial.
4. The proposed varlance(s) ( ) WILL / 600 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 ( ) IS / ~ IS NOT unique to the neighborhood.
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: .
The Zoning Board of Aopeals has ~ranted a Front yard variance to allow
a monument siin in the front yard at (1) one foot from the .property line
where (25)twenty five feet iR required the va:ian~e iR granted (24) feet.
(~ Findings & Facts Attached.
DATED: t-2S-11
BY:
PRINT: Howard Prager
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