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11-7433 .. .' TOWN OF WAPPINGER Secretary To Zoning Board Susan Dao ZONING BOARD OF APPEALS I i<l\\ ard .I. I'ragcr. Chairman Ihomas Dcllacortc AI Casclla Micharl Kuzmicz Thomas VanTinc ZONING BOARD OF APPEALS 20 MIDDLEBlISII ROAD WAPPINCiERS FALLS. NY 12590 845-297 -6256 June 3, 2011 To: Chris Masterson Town Clerk From: Susan Dao, Secretary Town of Wappinger Zoning Board of Appeals Re: BVM Builders Inc. Appeal No. 11-7433 TOWN SUPERVISOR Christophcr.l. Colsc) TOWN BOARD William II. Beak Vinecnt Bettina Ismay Czarnie(:\,i Joseph 1'. I'aoloni Attached you will find the original Application/Decision & Order for BVM Builders Inc. 2054 Route 9D, Wappingers Falls, NY. I would appreciate it if you would file these documents. cc: BVM Builders Inc. Howard Prager Tom DelIacorte Town File --"--'--.~"/ I I JUN 0 3 2011 I TO j I l'-'U""" ; 11,' II i . E RJi I I,~ 1\: K' --...:: . " r ---_._-~'--_...~.~--._--- - TOWN OF WAPPINGER ORI P.O. Box 324 - 20 MIDDLEBUSH ROAD G J NA L WAPPINGERS FALLS, NY 12590 Zoning Board of Appeals Office: 845.297.1373 rv Fax: 845.297.4558 Zoning Enforcement Officer Office: 845.297.6257 www.townofwappinger.us RECEIVED FEB 0 8 2011 PLANNING DEPARTMENT TOWN OF WAPPINGER Application for an Area Variance Appeal # //-7;,(33 Dated: J2 - '<? - dO/I TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: Ii;.? 1fl/l,cl /1J~I'JI3/LlQ reSiding)J__JjJr~f{!!2~, htrf~{;.al to the Zoning Board of Appeals from the decision/action of the Zoning Administrator, dated , 200_, and do hereby apply for an area variance(s). ~~~~~~s ~oca;;eg?-k~~t- 71~~o C;p Zoning District C C 5~t/- 4~-,> /l/J' I / 1. 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. / Je(!6u,J ). f{). 37 (Indicate Article, Sectio'l-f Su,?secpon a d Paragraph) Required: ./5 'fO .' Applicant(s) can provide: 70 I I Thus requesting: ~ To allow: ':J/nt,l M" f;t;~~ ~ (If) lurnnS em TOW022.lBA-AAV (4-03 Rev) J of4 Town of Wappinger Zoning Board of Appeals Appl ication 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? Please explain your answer in detail. ~:~~~~:~7:0A %jl!f~gCfj~EgYff~~i/J1:t6C L#~ , 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. TIiIL~Ji 15 #& At7()/fl T& !(J5fl /9/l{/( TIle' AVILO/ft/6- 8Ec/lt/JIE II /5 t:J/V' TII~- r LJGF elF T/I.t7 /P~ r.c?t:?T Jt/,(!T~.A4i!J /3t///~/( 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. 5J I~O(}T r!ftJ/!/f V/fAIf};V{f ~&A f (,e?Lv/J1///5. IT 15 IV&T 7 U/?7171 /VTi/J L 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. Tflt'- j'/lIr5/CJ1L b/l/f'/;10/l//J1/df/T k//t-t- /lA::JT d~ //H~/9Cn:// TOW022.ZBA-AAV (4-03 Rev) 2 of4 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. ~ ~i: ~ ~~ A~ T~ ~YIA/~ dV {!; ~~1 ~ i/1].7,_ ~ - H=- ~;;, 1Zt'1~_:.~~ V - 4Z-~/: - fill//} /)/cJ T F~/YJ i-ttJT L-/A/E. F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. TT /5 WtJl/ /-I!J f~ c?~.RCE t1 VI t-/J /fl/ ~ /1/1//:/ p; T/(J/ /JRC/-I /TE('rt/R~L TH/Z. I- c-e?L..vm /V5 /9/f>/7XTIL~ 4. List of attachments (Check applicable information) ( ) Survey Dated Prepared by f Last Revised and () Plot Plan Dated () Photos () Drawings Dated () 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 informati en is accurate as of the date of application. DATED: J-/~/; f DATED: SIGN (If more than one Appellant) TOW022.ZBA-AA V (4-03 Rev) 3 of 4 [PROJECT 10 NUMBER 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only (To be completed by Applicant or Project Sponsor) 2. PROJECT NAME SEQR PART 1. PROJECT INFORMATION 1. APPLICANT I SPONSOR 3.PROJECT LOCATION: Municipality WI PI,IV t? iF County ;;J u r Uf E 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks ete - or provide map ")..0 ~t {<,7 r /J 5. IS PROPOSED ACTION: New D Expansion D Modification I alteration 6. DESCRIBE PROJECT BRIEFLY: TO CON 7 T/f VC T /) fiI$ jc/ Or/:::/C,C /3Ultl.:?/ft/G- 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? DYes 0 No If no,describebriefly: flfJf?Ll/fI/? FOr:< /l rl-- /'eldT /::::-/fO/I,lT.YM y I}f/J If/i/Ca . 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) D ReSidential 0 Industrial 0commercial DA9riCulture D Park I Forest I Open Space D Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (F~al. State or Local) DYes l!J No If yes, list agency name and permit I approval: 11;E,2ES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L!.jYes D No If yes, list agency name and permit I approval: , tJec IfiXm/T :it 3 - / j f 6 -00;) 6 ~ 3 PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant If the action is a ostal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. 11-7433 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 available for you to pursue to achieve the benefit you seek other than the requested variance(s). 3. The requested area variance(s) ( ) IS(ARE) / (X) IS(ARE) NOT substantial. 4. The proposed variance(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 ex) IS / ( ) IS NOT self-created. 6. The property ( ) IS / (X) 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 approve a variance of 5 feet for a front overhang and columns on a new proposed office building. Where 75' front setback is required for a county or state road, the applicant can provide 70' to the front property line. ( ) Findings & Facts Attached. DATED: March 22, 2011 ZONING BOARD OF APPEALS ::WN JC:J;P:: (Chairman) PRINT: Howard Prager TOW022.ZBA-AA V (4-03 Rev) 4 of 4 PLANNING BOARD Victor Fanuele, Chairman Constance Smith Marsha Leed William Kickham Robert Valdati Angela Bettina Francis Malafronte TOWN SUPERVISOR Christopher J. Colsey PLANNING BOARD SECRETARY Susan Dao TOWN BOARD William H. Beale Vincent Bettina Ismay Czamiecki Joseph P. Paoloni February 8, 2011 Zoning Board of Appeals Town of Wappinger Wappinger Falls, N. Y. 12590 Attn: Mr. Howard Prager, Chairman Re: BVM Builders Inc. Grid Number: 6056-02-783920 Dear Mr. Prager and Board Members: On February 7, 2011 at the Planning Board meeting a project, BVM Builders Inc. came before the board. This site is located at 2054 Route 9D and they are seeking a variance regarding a front overhang and columns on a new professional building. The planning board is sending the applicant to the ZBA to seek a variance of Section 240-37 in order for them to proceed with their site plan. The planning board would like to send their recommendation for you to consider this variance and forward your findings to the planning board. v~za Mrs. Susan Dao Planning Board Secretary cc: Zoning Board of Appeals members Mr. Roberts Mrs. Roberti Mr. Bodendorf File