12-7472
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ZONING BOARD OF APPEALS
SECRETARY
Michelle Gale - Ext. 122
TOWN OF WAPPINGER
ZONING ADMINISTRATOR
Barbara Roberti - Ex!. 128
SUPERVISOR
Barbara A Gutzler
CODEENFORCEMENTOFF~ER
Susan DaD - Ext. 126
Salvatore Morello III - Ext 142
TOWN BOARD
William H. Beale
Vincent Bettina
Ismay Czarniecki
Michael Kuzmicz
CLERICAL ASSISTANT
SUc Rosc ..... ExL 123
ZONING BOARD OF APPEALS
20 MIDDLE BUSH ROAD
WAPPINGERS FALLS, NY 12590
PH: 845-297-6256
Fax: 845-297-0579
E-Mail: mgale@townofwappinger.us
ZONING BOARD OF APPEALS
Howard Prager, Chairman
Tom Dellacorte
AI Casella
Robert Johnston
Peter Gaiotti
FIRE INSPECTOR
Mark Liebermann - Ext. 127
April 3, 2012
To: Christine Fulton
Town Clerk
o ORIGINAL
From: Sue Rose, Secretary
Town of Wappinger Zoning Board of Appeals
Re: COSM Decision
Appeal No. 12-7472
Attached you will find the original ApplicationlDecision & Order for
Chapel of Sacred Mirrors (COSM), 46-70 Deer Hill Road, Wappinger Falls, NY,
Tax Grid No. 6057-02-834604. I would appreciate it if you would file these
documents.
Attachments
cc: Mr. Al Cappelli
Zoning Board
Town File
Town Attorney-Mr. J. Horan
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 #
Id-7Y7,~
Dated: 9- ;} 5 - / ;)..
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I(We), .A.l~~ Cappel\\ it 4.....~r'esiding at \I?Co ~-..~ q
USclppl~~~ F-~\\'5 ,eA;-~-<e'oo (phone), hereby appeal
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).
Premises located at 4'" .. 1c=- O~l'" 4-i \ l\ "oae!.
Tax Grid # t. o~, . Q'L - 834<'- 04
Zoning District It. ~Jeo
1. Record Owner of Property Ch.~V GkoVc:!.. ..t .. 2.U'e;~ M \ u....~
Address 4" .. 1~ Pe.<<t~ ,l\ '\2..c:>~ U,.)~f'~~\ ~
Phone Number84~ - ~ 'i.1"~
Owner Consent: Dated: II, 't /" Signature:
Printed: -. ~'\\'lf"'"
2. Varlanee(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.
TOW022.ZBA-AA V (4-03 Rev) 1 of 4
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Town of Wappinger Zoning Board of Appeals
Application for an Area Va~~ql/ce'l
Appeal No, Id -/7 70'-
SEP 25 201Z
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.
Required:
Applicant(s) can provide:
Thus requesting:
To allow:
(Indicate Article, Section, Subsection and Paragraph)
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?lse explain your answer in detail.
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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.
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.
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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.
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TOW022.ZBA-AAV (4-03 Rev) 2 of4
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,SEP 2 5 2012
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Town of Wappinger Zoning Board of Appeals
Application for an Area Varianc~
Appeal NO./J. - 7l.f 70<
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E, How did your need for an area variance(s) come about? Is your difficulty self-created? Please
explain your answer in detail.
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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,
4. List of attachments (Check applicable information)
(.<) Survey Dated -"f....l'l ''', %.oq} I Last Revised
Prepared by -:roe. ~~
()(.) plotPlanDated '5/'LCf/'?'\~ ~~-r, .c.-J~\ ~~ c.-3c-\
and
() 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 information given is accurate as of the date of application.
SIGNATURE~:t)'--"") DATED: "/ll/'Z
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SIGNATURE DATED:
(If more than one Appellant)
TOW022.ZBA-AA V (4-03 Rev) 3 of 4
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Town of Wappinger Zoning Board of Appeals
Application for an Area Va~aflcE;
Appeal No,I(}-'/Y 7:J-
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SEP 2 5 2012
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.
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5. The alleged difficulty (x) IS / ( ) IS NOT self-created.
6. The property ( ) IS / ( x) IS NOT unique to the neighborhood.
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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 ~ppro'TP ~ ?~ a fnnt iige yard variauBB for the cQu~trYQtigu
of an addition to ~n P1dl'lting r~rri~gp hO"~P ~,T!lich will be COuFlilrtlilQ to au
art gallery. Thp ~pplir~nt rn1,lrl nnly prouid~ ]4 6 feet Hhlilni a (10 fggt ~8tBack
is required the appli('~nt rOl1lrl only prnuirlp 14 6 fE.'E.'t
( ) Findings & Facts Attached.
DATED: November 13. 2012
ZONING BOARD OF APPEALS
TOWN OF WAPP. NG;Y, NE YORK
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Vice (Chairman)
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PRINT: J om c.. r.('Jvrtt',
BY:
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TOW022.lBA-AA V (4-03 Rev) 4 of 4
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Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
iSEP 2 5 2(J"l
Planning Department
Office: 845.297.1373 ~ Fax: 845.297-0579
www.broberti@townofwappinger.us
Owner Consent Form
To be filed when the aoolicant is not the buildina or orooerty owner
Project # I ~ - '7 ~ 7 ;)...
Grid # ~o57. 0'2.
Date: JioJ ~ ~o)1
B 3 'fl,otI Zoning District: I<.. ~oj"8o
Name of Applicant:
Print name and phone mber
Description of project: ~r--Sc::..J c~ \0"' +-
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Location of project:
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I owner of the above
land/site/building hereby give permission for the Town of Wappinger to approve or deny the above
application in accordance with local and state codes and ordinances.
No! 7. 201/ ~~
r Owner's Signature
~~ C2)( ct ~~ 0<-::> J,{f2-""'-
Print Name and Tit e ***
4{p'7o ~ 1-1>> .f?oti,J
Owner's Address
***If this is a Corporation or LLC please provide documentation of authority to sign.
If this is a subdivision application, please provide a copy of the deed.
T()Wln~BIl-()CI- (7-0.\ Rev) I of I
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PROJECT 10 NUMBER
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617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENfLE'QRMJ
for UNLISTED ACTIONS Only
(To be completed by Applicant or Project Sponsor)
SEP 2 5 2012
SEQR
PART 1. PROJECT INFORMATION
1. APPLICANT I SPONSOR L
Al W .r ~V'c.k.. \--..c:. 'T"
3.PROJECT LOCATION: 4~-'C> Pee' H\~ .R
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Municipality T Ot.Pv\ 'T ()J ~ & C"'" County
4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc - or provide map
ea.:; \-' S\~... "'r- UoJ"'-ct...\eyo \.h\\ ~o~ I ~,.o" \/4, ~~ \, so~T'-t
~~ ~"\..~e."'~1-1:''''\ ""'" \+~ ,.Je.-> ~~~-l"-' ~C>~
2. PROJECT NAME ~
G.\1. el 0 T S ca.~ )..A WIfoIl"e, <~~ )
5. IS PROPOSED ACTION: 0 New ~ Expansion D Modification I alteration
6. DESCRIBE PROJECT BRIEFLY:
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40 ~O~ \-- c;\..~ t ;2..V'd. ~e...~ "> ~~
c.a", ~ i"'~"lde.d. "'CiUf~' '-'", "'~ ~,?,4
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a.~ 8....,l"l l ~ . '"'- ~ +
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7. AMOUNT OF LAND AFFECTED:
Initially 8- acres Ultimately ; e:> acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
DYes ~ No If no, describe briefly: V ~.". \ a.\o'\c::.e. II"'~"'" 41.1'e...l
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9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
~ Residential 0 Industrial D Commercial DA9rlCulture D Pari< I Forest I Open Space
o Other (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING,
AGENCY (Federal, Slate or Local)
~Yes 0 No If yes, list agency name and permit I approval:
NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
P \ o\\."" \ ""', & _~.l - S" ~ f\ .1.\1
t; '"" t\ c\" ~ j) c;'''t. - & \d..~. f G!.JI'~" t
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes ~ No If yes, list agency name and permit I approval:
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1 AS A R SULT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
es No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant I Sponsor Name ~\~V"~._~e.\\ \ O'V' j:::.,vc-\...-\<::..dr Date: "/U~1.
If t is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
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SEP 25 2012
PART 11_ IMPACT ASSESSMENT To be com leted b Lead A enc
A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the'~Vie\.;t'pr6bess'~ncru5e the FULL EAF.
DYes ~ No
8. 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.
o Yes ~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:
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C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
N.~
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 officiaUy adopted, or a change In use or intensity of use of land or other natural resources? Explain briefly:
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C5. Growth. subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
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C6. Long term, short term, cumulative, or other effects not identified In C1-C5? Explain briefly:
I.
C7. Other impacts
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D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENT ,"AREA (CEA)? I" yeo, ""',;" b....r-
OV" ~,., L ... .,.~. ...... . I
E. IS THERE, OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If as e lain:
o Yes ~NO
PART 111- DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: Foreach 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 d of part Ii was checked
yes, the determination of significance must evaluate the potential Impact ofthe proposed action on the environmental characteristics of the CEA.
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.
Check this box if you have determined, based on the Information and analysis above and any supporting documentation, that the proposed actior
WILL NOT result in any significant adverse environmental Impacts AND provide, on attachments as necessary, the reasons supporting thi
determination.
Date
Name of Lead Agency
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)