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12-7475'i'CfW'N SUPERVISOR Barbara Gutzler "CONING ADMINSITRATOR Barbara Roberti ~ 128 ZONING SECRETARY s~~e R~„e ~ i 22 TOWN OF WAPPINGER ZONING BOARD OF APPEALS 2U MIDDLEBUSH ROAD 1~ APPfNGERS FALLS. NY 1390 8-4-'_97-626 [~C~C~~OM[~D December 12, 2012 To: Christine Fulton Town Clerk DEC 1 2 ZG12 TOWN O~ WgppINGER _._.___~~~°N ~ILE~K From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: Gas Land Petroleum, Inc Decision Appeal No. 12-7475 Zoning Board of Appeals }lo«ard Pra~~er. Chairman 1~om Dellacorte .Al Casella xober< Joni,ston Peter Galotti ~~IC~~l Attached you will find the original Application/Decision & Order for Gas Land Petroleum, Inc, 1831 Route 376, Wappinger Falls, NY, Tax Grid No. 6259-02-524833. I would appreciate it if you would file these documents. Attachments cc: Margaret McManus, Chazen Companies Zoning Board -Howard Prager, Tom Della Corte Town File Building File Town Attorney- Jim Horan-Al Roberts Bob Gray David Stoleman Planning Board ~~r"r~ir14~~ ~Ir-'' ~` TOWN OF WAPPINGER P.O. Box 324 - 20 MIDDLEBUSH ROAD NOV 2 6 2012. WAPPINGERS FALLS, NY 1 2590 a~ ~n~r;,;~ ~, ~~..,. . Zoning Board of Appeals Office: 845.297.1373 ~ Fax: 845.297,4558 Zoning Enforcement Officer Office: 845.297.6257 www.townofwappinger.us ~~~1 Application for an Area Variance ~ ~--, ~; ~ .~ Dated: NOVEMBER 19, 2012 Appeal # TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: raS LAND PETROLEUM INC residing at AY KINGSTON NY , I(We), ~_~_ 7545 (phone), hereby appeal to the Zoning Board of Appeals from the decision/action of the Zoning Administrator, 200_, and do hereby apply for an area variance(s). dated Premises located at 1831 ROUTE 376 Tax Grid # 6259-02-524833 Zoning District NB 1. Record Owner of Property GAS t AND PETROT F.tTM INC. Address 785 BROADWAY KINGSTON NY 12401 Phone Number 845- 331- 7545 _... Si nature: ~ "~"~ 3 Owner Consent: Dated:. t t / 19 / 12__~ gprinted: 2. Variance(s) Request: Variance No. 1 of the following I(We) hereby apply to the Zoning Board of Appeals for a variance(s) requirements of the Zoning Code. 240.37 (FRONT YARD SET BACK) (Indicate Article, Section, Subsection and Paragraph) Required: 75 FEET Applicant(s) can provide: 70 FEET Thus requesting: + - To allow: EXPANSION OF EXISTING BUILDING WITH NON-CONFORMING FRONT N TO\~~022.7_BA-AAV (4-03 Rev) 1 of4 Town of Wappinger Zoning Board of Appeals Application for an ACea V n ce .- Appeal No. ~~ ~ `~>> y-ar'ance N~ o. 2 g eals for a variance(s) of the following I(We} h~i aPPIY to the Zonin Board of App requirements o oning Code. 240.37 (FRONT YARD SE ) (Indi 75e Article, Section, Su 'nand Paragraph) Required: Applicant(s) can provide: +/- 70 Thus requesting: +/- 5 - EX F EXISTING BUILDING IN T To allow: 3. Reason For Appeal (Please substantiate the request by answering the following questions in detail. Use extra sheet, if necessary): A. If Y° es than e? swill any of those hangeslbe negata eterPlease explanoyou~ a~swer in detail. propert 9 SEE ATTACHED. B. Please explain why you need the variance(s). Is there anyway to reach the same result without a variance(s)? Please be specific in your answer. SEE ATTACHED. 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. SEE ATTACHED. 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. SEE ATTACHED. TOW022.ZBA-AAV (4-03 Rev) 2 of4 I Town of Wappinger Zoning Board of Appeals ' Application for an Area Variance., Appeal No._~' 7y~~ E. How did your need for an area variance(s) come about? Is your difficulty self-created? Pease explain your answer in detail. i 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) Last Revised and ( ) Survey Dated Prepared by Plot Plan Dated () Photos ( ) Drawings Dated () Letter of Communication which resulted in application to the ZBA. (e, g., recommendation from the Planning Board/Zoning DeD ted: Letter from Dated Letter from ( ) Other (please list): 5. Signature and Verification Please be advised that no application can be deemed complete unless signed below. i• The applicant hereby a es 'fat 'nf rm~tion givery,ls accurate as of the date of application. c~._., (~ DATED. ~ C~ SIGNATURE ~ ~_, ~,~. ~ ~, / d ~` (Appellant) G2 G SIGNATURE DATED: (If more than one Appellant) T0~~022.ZBA-AAV (~-03 Rev) 3 of4 ti.rY+P Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. ' 7 ~~ ~'~ 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) / (~ 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 (X) IS / ( ) IS NOT self-created. 6. The property ( ) IS / (X) IS NOT unique to the neighborhood. Conclusion: Therefore, it was determf DENIED quested variance Be (~ GRANTED ( ) 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 t buildin ( )Findings & Facts Attached. DATED: December 11, 2012 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, N ORK c BY: ~~ ~, (Chairman)~,~ PRINT: /~~~ ~ ' ' ~~~~~`- TOW022.ZBA-AAV (4-03 Rev) 4 of4 From: 11' '2012 13:23 #512 P.002J002 . ~ `..~ Town of Wappinger 20 Middlebush Raad WappingersFalls, NY 12590 Planning ge_partment Of!'ICa; ga5.297.1373 ~ Fax: 845.297.0579 www, brobertft~townotwappfn9er.us pwner Consent Form ner 7o fiie . a l' a . i no th b ild' r ~~ _ ~ ~(7 ~ DatB; November I9, 2012 Project # ....---- ,.._."'"_'~"_~ fi259-02-524833 Zoning District: ~..-••• Grid # Location of project; Ilcant; Gas Land Petroleum Inc. Name of App Print name and phone number gescr;ptinn of project: A c vaxiance ~-~- owner of Che above T biajed Nesheiwat Ive ermissian for the Town of Wappinger to approve or deny the above land/site/buikding hereby 9 P appl;cation in accordance with Ioca1 and state codes and nrdlnances. ~. November 19, 2012 Owner's ignature Date Majed Nesheiwat, 'President ~gp5) 331-7545 ~,,* Pr1nt Name and Title Owner's Telephone No. 78S Broadway, Kingston, NX 12401 Owner's Address ' ***If this is a Corporation or I~t.C please provide documentation of authority to sign• If tt~ls is a subdivision application, please provide a copy of the deed. •~'QWU33,B0-OGF (7.03 Ruv) 1 0[ ~ ~0/Z8 3J'dd 23J~ L58bb5b5b8 9i:ZI ZiOZ/6>;/ZL ~~rarr' PROJECT ID NUMBER `r.r~ 617.20 APPENDIX C ~ STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 • PROJECT INFORMATION (To be completed by Applicant or Protect Sponsor) 1. APPLICANT /SPONSOR 2. PROJECT NAME GAS LAND PETROLEUM INC. AREA VARIANCE APPLICATION 3.PROJECT LOCATION: DUTCHESS WAPPT~NGERS County MuniGpa ty 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map 1831 ROUTE 376 5. IS PROPOSED ACTION : ^ New ®Expansion ^ Modification /alteration 6. DESCRIBE PROJECT BRIEFLY: AREA VARIANCE TO PERMIT ADDITION TO EXISTING 1568 SQ. FT. BUILDING. 7. AMOUNT OF LAND AFFECTED: Initially .O1 acres Ultimately acres e. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ®Yes ^ No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ^ Other describe ^ Residential ^ Industrial X^ Commercial ^Agricutture ^ Park /Forest /Open Space ( ) SEAR 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ^Yes ©No K yes, list agency name and permit /approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ^Yes ^No If yes, list agency name and permit /approval: PLANNING BOARD APPROVED SITE PLAN. 12. AS A RESULT OF PRO OSED ACTION WILL EXISTING PERMIT / APPROVAL REQUIRE MODIFICATION? QYes No ' , I CERTiF'Y THA /T~E INFO MATION PROVID E TRUE TO THE BEST OF MY KNOWLEDGE Applicant /Sponsor Name ~ ~~~ a'` '-'{, ;~' j ~ c ~~ ~' ~CC. If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment rrr~ Addendum to Variance Application 1831 Route 376 Preface Applicant owns anon-conforming gas station building (set back from front property line is non-conforming, being approximately 70 feet rather than the required 75 feet) that has an irregular building footprint, with one corner (southeast) not extending the full depth (rear to front) of the balance of the building (see annexed drawing). Applicant seeks to enlarge the building by extending that portion of the building to the same front building line as the remaining building, which expansion area is 137 sq ft. Construction of this expansion area requires a front yard set back of approximately 5 feet (75 feet required, front building line is approximately 70 feet from front property line). Approximately 60% of the expanded area will be within the required 75 foot set back area. Approximately 5 feet of the expanded area will extend beyond the set back line but will have the same front building line (11 feet) as the remaining building, which extends approximately 50 feet along its front building line. Reasons supporting application for area variance: 3(A). If the variance is granted, will the character of the neighborhood be changed? No. The existing building and canopy predate the current zoning law and are non-conforming as to front yard set back. The existing non-conforming front building line, coupled with the small area of the expansion for which a variance is required, will not change the existing character of the neighborhood. 3(B). Can the result desired by the applicant be obtained by any alternative that avoids the need for a variance? No. The foot print of the remaining building and its location relative to the front property line precludes any alternative as it is not practical or economically feasible to move the existing building further away from the front property line for this de minimis enlargement of the building. 3(C). How substantial is the variance? The variance, when considered in the context of the existing building, is not substantial as it merely squares out the existing irregular foot print of the front of the existing building, adding 11 feet to the existing SO feet of the front building line. The numerical dimension of the variance is 6%. 3(D). If the variance is granted, will the physical environmental or physical conditions of the neighborhood be impacted? No. Applicant as a new owner has remediated existing subsurface contamination occasioned by use by prior owners. The expansion, given the small area affected relative to the existing building and canopy, will have only a nominal visual impact and will have no adverse environmental or physical impacts on the neighborhood. 3 (E). Is the hardship self-created? While applicant purchased the building with full knowledge of the zoning standards, this small expansion of a building with an existing non-conforming front building line should not preclude granting an area variance.