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1994-01-25%W ..i "Arr Board of Appeals own Ham Town of 'appinger Luning 20 Middlebush Road January 25, 1994 �.ger_da - Public Hearing - 7 • 30 P -M. �v'appinger Falls, N.Y. Approval of P� veiitber 1993 and January 11, 1994 it mute . PJBLIC HEARINGS Appl icaiht : Taco Bell Corporation 1 (vCati li: west side Of Route 9, 1 1161, 1163, 1164 450 feet .forth of Middlebuslh Road.. tiNNeal �1i61 - At the request of the Taco Eell Corp. vdilu ari e of Article IV, Section 416.62 (sigh law) as follows: ,. Tac`; ell Corp. proposes to erect a sign having a maximum sigr� neigh tt f ��' lli�tead of the permitted maximum slglh height of 10' , r='CjLiirlilg u sign height variance of i0'; T11.v Bell Corp. proposes ses to erect a sign containing 50 sq. ft. insteaf i 1 . cif tri''=' i'i-ax.�lilUlil Of 25 sq ft • , r egtllrllhg a 25 sq ft sigh 'v'ar iai C=, , �u o Dell -orp. proposes to erect the sign will. 10' of the property line instead of the required setback of 25', requiring a 15' setback 'Jar 4 anCe . TLIe property is located on the west side of Route 9, 450 feet ihcrth of r7-01-606971-00. - is .iddlebush Road and identified as Tax Grid=19-��5 1 proposed to use the subject property for the construction of a 70 seat Pacc Bell Restaurant in accordance with Site Plan dated October 7, i_'92, a' -t revised December 1, 199._; and prepared by Buhler Engineering, In r'ie--:5 tape further notice-, the zoning Doard Of Appeals has declarea itti.elf Lead Agency and has made a Negative Declaration of Sigihiflcance fog ells prt,j ect :_;n January 11 , 1994 . aNpeal 41160 - At the request of the Taco Bell CorP. which a avian e from Article IV, Section 416.61 so as to permit the col �trL.c �iuri r two bLiildling liiotihted slgihs each with a width of three feet till = I _r (3' -. 9 i j12" ) .instead of the permitted one bU11d11hCJ illOUi,t=: sign Nr'iti: a li x11iLllil width of three feet (3' i property is located of the west side of Route 9, 450 feet- north �;f T1 -,e ,�, �'�3-6157-02-�u0971-00. �� �s Middlebus-i Road and identified as Tax Grid proposed to Lice the subject property for the construction of a 70 s�u� Taco Be 11 Restaural- in accordance with Site Detail Map dated Oct`ber 7 19 last revised December 1, 1,993 and prepared by Bohler Eng ineJrlrig, Board of Appeals has declare.: lease Late t= 1Lcr Liles ii C.i �.i�=, the Zoning .t•'p its if Lead AgelhCy and ZhaS iitade a i3egatiVe D=Claration of S1gihlfiCalice fvr project on January 11, J-994. Page 1 A„► Wappii!ger Zoning Board Agenda January 25, 1994 Page 2 INn 4 - At the request of the Taco tell corp, which is seeking Appeal = i �b r -'r ! 1 t section 415 u permit tar_ construction light ?r jU = f Article 7 , . result in light illumination beyond the property fixtures which would the lighting is to illuminate the entrance way fr Wn linE . The purpose of southbound Route 9. Tie Y LpeitY is located on the west side of Route 9, 450 feet norm of Middlebush Road and identified as Tax Grid #19 -6157.02 -600971 -CO. It is proposed to allow an exterior light to situate hear the northerly curb lire of the exit ramp in accordance with Lighting and Landscaping Plan dated October 7, 1992, last revised December 1, 1993 and prepared by Echler Engineering, Inc. Please - _, a 1C"e take further notice, the Zoning Board of Appeals has declare itself Lead Agency and has made a Negative Declaration of Significance for this project on January 11, 1994. r,- L - 231 L' - Tli I. Daniel Y. Sopchak - Discussion on variance application, Appeal ;1152. y""W 09 Town of Wappinger Zoning Board of Appeals January 25, 1994 Minutes - Public Hearing Members Present Mr. Sasser: Chairman of the Z.B.A. Mr. Hirkala: Vice Chairman of the Z.B.A. Mr. Lehigh: Member Mr. Bitterlich: Member Mr. Brooker: Member Others Present Dawn Idema, Secretary to the Z.B.A. TAPE RECORDER DID NOT WORK Mr. Sasser: Called meeting to order. '"W 1400 Town Hall 20 Middlebush Road Wappinger Falls; N.Y. MeKO OT 1994 PUWNMIG BOARD 0,Rn rF APPFALS Mr. Bitterlich: Made a motion to accept the November 23, 1994 and January 11. 1994 minutes. Mr. Lehigh: Second. '*ft.. Vote: All ayes. Mr. Sasser: Appeal 41161 - At the request of the Taco Bell Corp. who is seeking a variance of Article IV, Section 416.62 (sign law) as follows: A. Taco Bell Corp. proposes to erect a sign having a maximum sign height of 20' instead of the permitted maximum sign height of 10'; requiring a sign height variance of 10'; B. Taco Bell Corp. proposes to erect a sign containing 50 sq. ft. instead of the maximum of 25 sq. ft., requiring a 25 sq. ft. sign variance; C. Taco Bell Corp. proposes to erect the sign within 10' of the property line instead of the required setback of 251, requiring a 15' setback. The property is located on the west side of Route 9, 450 feet north of Middlebush Road and identified as Tax Grid #19-6157-02-600971-00. It is proposed to use the subject property for the construction of a 70 seat Taco Bell Restaurant in accordance with Site Plan dated October 7, 1992, last revised December 1, 1993 and prepared by Bohler Engineering, Inc. Please take further notice, the Zoning Board of Appeals has declared itself Lead Agency and has made a Negative Declaration of Significance for this project on January 11, 1994. rn Wappinger Zoning Board Minutes - January 25, 1994 Page 2 Professionals present to speak on behalf of Taco Bell Corp.: i. James E. Sparkes, Attorney at Law from the office of Harris, Beach & Wilcox. ?. Christopher Richter, Engineer from the office of Bohler Engineering, Inc. 3. Elizabeth Dollan from Atlantic Traffic & Design Engineers, Inc. 4. Robert A. Delia, Real Estate Manager for Taco Bell, Corp. DISCUSSION Dawn Idema: The Legal Notice has been published in the paper. We have received the paid Southern Dutchess bill, affidavit of publication, the green cards and the white receipts. Mr. Bitterlich: I make a motion to accept proof of publication. Mr. Brooker: Second. Vote: All ayes. Mr. Bitterlich: Made a motion to open the public hearing. Mr. Lehigh: Second. Vote: All ayes. NO ONE IN THE AUDIENCE PRESENT TO SPEAK FOR OR AGAINST THIS PROJECT. Mr. Lehigh: Made a motion to close the public hearing. Mr. Bitterlich: Second. Vote: All ayes. Mr. Bitterlich: Made a motion that the variance be granted to 10' until such a time that Route 9 is ever widened and whereas the property line to the right of way is 371. Also, that the overall height of the sign be 12 1" allowing 5' clearance at the bottom of the sign and also allowing the area of the sign to be 32 sq. ft. This variance is granted strictly to the Taco Bell Corp. Mr. Brooker: second. Poll call: Mr. Bitterlich: Aye. Mr. Brooker: Aye. Mr. Lehigh: Aye. Mr. Hirkala: Aye. Mr. Sasser: Aye. Dawn Idema: All vote aye in favor of the motion as stated by Mr. William Bitterlich for Appeal 41161. 05 cm Wappiager Zoning BDard Minutes - January 25 1994 Page 3 Mr. Sasser: Appeal #1163 - At the request of the Taco Bell Corp. which is seeking a variance from Article IV, Section 416.61 so as to permit the construction of two building mounted signs each with a width of three feet nine and one half inches (3' 9 1/211) instead of the permitted p ne building mounted sign with a maximum width of three feet (31). y located on the west side of Route 9, 450 feet north of Middlebush Road and. identified as Tax Grid #19-6157-02-600971-00. It is proposed to use the subject property for the construction of a 70 seat Taco Bell Restaurant iii accordance with Site Detail Map dated October 7, 1992, last revised December 1; 1993 and prepared by Bohler Engineering, Inc. Please take further notice, the Zoning Board of Appeals has declared itself Lead .Agency and has made a Negative Declaration of Significance for this roject on January 11, 1994. Mr. Lehigh: Made a motion to open the public hearing. Mr. Brooker: Second. Vote: All ayes. NO ONE IN THE AUDIENCE PRESENT TO SPEAK FOR OR AGAINST THIS APPEAL. Mr. Lehigh: Made a motion to close the public hearing. *ft,Mr. Bitterlich: Second. Vote: All ayes. Mr. Bitterlich: Made a motion to grant the variance for two signs being that testimony showed that the total area as contained in two signs fell within the total square feet allowed for one sign. Mr. Hirkala: The variance should be granted only because of the configuration of the sign because of the bell. This variance should only be granted to Taco Bell Corp. Mr. Brooker: Second. Roll call: Mr. Bitterlich: Aye. Mr. Brooker: Aye. Mr. Lehigh: Aye. Mr. Hirkala: Aye. Mr. Sasser: Aye. Dawn Idema: All vote aye in favor of granting the variance for the two building mounted signs with the stipulation that this variance will only be for the Taco Bell Corp. Mr. Sasser: Appeal 41164 - At the request of the Taco Bell Corp. which is seeking a variance of Article IV, Section 415.1 to permit the construction of light fixtures which would result in light illumination beyond the property line. The purpose of the lighting is to illuminate the entrance `ftr way from southbound Route 9. The property is located on the west side of Route 9, 450 feet north of Middlebush Road and identified as Tax Grid =19-6157-02-600971-00. It is proposed to allow an exterior light to situate near the northerly curb line of the exit ramp in accordance with cm CM 140W -.0 Wappinger Zoning Board Minutes - January 25, 1994 Page 4 Lighting and Landscaping Plan dated October 7, 1992, last revised December 1, 1993 and prepared by Bohler Engineering, Inc. Please take further notice, the Zoning Board of Appeals has declared itself Lead Agency and has made a Negative Declaration of Significance for this project on January 11, 1994. Mr. Lehigh: Made a motion to open the public hearing. Mr. Bitterlich: Second. Vote: All ayes. NO ONE IN THE AUDIENCE PRESENT TO SPEAK FOR OR AGAINST THIS APPEAL. Mr. Lehigh: Made a motion to close the public hearing. Mr. Brooker: Second. Vote: All ayes. Mr. Sasser: Made a motion to grant the lighting variance with the stipulation that if the road is widened the variance will be rescinded. Mr. Hirkala: Second. Roll call: Mr. Bitterlich: Aye. Mr. Brooker: Aye. Mr. Lehigh: Aye. Mr. Hirkala: Aye. Mr. Sasser: Aye. Dawn Idema: All vote aye in favor of the variance. Mr. Sasser: The Decision & Order's will be made and filed with the Town Clerk within five working days. Thank you. ATTACHED, PLEASE FIND COPIES OF THE DECISION & ORDER'S. Mr. Sasser: The last item on the agenda is a discussion on Daniel P. Sopchak. Discussion on variance application, Appeal #1162. Summary: The board requested that the Planning Board secretary send a copy of the Sopchak appeal to Mr. Al Roberts, Attorney to the Town. Mr. Lehigh brought in pictures of Johnson Lane & Theresa Blvd. dated January 23, 1994 after the storm of January 17, 1994. These pictures showed the narrow roadway which demonstrated the incapability of a fire truck having access in case of an emergency. (PICTURES ON FILE). The Zoning Board requested that the application be forwarded to the Fire Prevention Bureau with the correspondence and pictures with a request for recommendations. Sopchak will be put on for a second discussion on the February 8th agenda. Mr. Sasser, Chairman to the Zoning Board of Appeals requested a map from Sopchak . Mr. Lehigh: Made a motion to adjourn. Mr. Brooker: Second. ftw Vote: All ayes. MEETING ADJOURNED AT 9:00 P.M. Wappinger Zoning Board Minutes - January 25, 1994 Page 5 Respectfully submitted, Dawn Idema, Secretary Zoning Board of Appeals ••moi NEW �lr.ct Name of Applicant: Taco Bell Corp. Suite 170, Marlton, MJ 08053 Grid No./119-6157-mess 971-0 ,NOW Address: 11 laves DriveWest side of Route 9 Zone: 11i hwa Business HR Location of Property: Appeal 411161 Nature of Request: Sign Variance - APP Date of Advertisement: January 199 1994 Date of Public Bearing, January 259 1994 Falls, New York Place of Nearing: Town Nall, 20 Middlebush Road, Wappingers p{> pMr,RS PRESENT: Alan Lehigh Member Chairman .loel gasser Vice- Chairman Wil]_iam Bitterlich Member Michael. Ili rkal.a Member of the James Brooker The matter having duly come onJamlar h1994 eard bandrthe facts, mattersmand levidence Board on the 25th day of y nd interparties having produced by the applicant, the c�nsideredAdministrator deliberationehaving been had, the been duly heard, received and f ol-loving are the rTNDT1IGS OF FACT: 1f 1161 Ite: Paco Bell. Tnc. Appeal- stely side of Route 9, The slibject premises are located in an HB TowntofcWappingert On the ,Jc'NewrYorl,. The subject /,go feet north of. Middlebush Road in thethe Taco Bell, Corp., consisti-ng of premises is a new building to be constructed by a 70 seat 'taco Bell Restaurant. The aCplicant has requested a variance of Article IV, Section 416.62 FIs follows: 1 permite to erect a sign having a maximum sign 10';htof 20 saidsign nto�contninllad ol all areatofd 50 height of 10' requiring a variance sq, ft.; and to erect the sign 1.0' from the property line instead of the require setback of 25' requiring a 15 setback variance. The Zoning Board of Appeals has declared itself as Lead Agency and has 'declared a Negative Declaration. I The Board heard testimony from Mr.. Chris Richter, Engineer, Ms. Elizabeth Dolan of Atlantic Traffic Consultantsd.jimSthat les, Attorney terns for talopat nghe pRoute t9, Testimony from these expert witnesses -stated the speed of the vehicles together with the distance of the premises from Route 9, along Route 9 and the configuration of the site plan mandated that variances he granted for public safety. (Continued on attached page). hereby TIIT Rl;rORT ,n the fdndliiegsamefistsgranted asDfollows: ,that the based upohereby application or appeal be an * That the setback variance be granted until such a time sRo tet9sis widened; that the sign area variance be granted at a maximum of 3square Bell Restaurant and not to any other business; that the (continued on attached page). The decision of the Zoning Administrator is hereby reversed. Dated, Wappingers Falls, N. Y• 1994 this 28th J day of y ChaiYman Zoning STATE OF ng YORE, COu , TY OF DUTCIIESS Ss: . al l �tljb/ before me personall \ am Joel' Sasser . On the 1 - day of'. at', Fal.l.s, N. Y, tome Chairman. of the'Zoning oard of Appeals of the Town .of Wit;�-n�ers known as the individual described in.andwho executed the foregoing statements, and acknowledged that he ELAINE H. SNOV11)-EN .. NOTARY PUL'LIC, STA!,: G? ?4L "/ YORK�!- No.14-375:.113 - c Notary ' QL',4LIfIfD pi GI1TCficS� COUNTYFiled, Office of the TdlMGor7 `�,VPIRf&A f,� � e Fa1�1s,/ Y• r. °�� day of TOWN U-1— TOWN OF WAPPINGER P.O. Box 324 20 Middlebush Road Wappingers Falls, NY 1.2500-0324 Applicant: Taco Bell Corp. Appeal lt: 1.161 Page #. 2 FINDINGS OF FACT (Continued): r.mi `10* ZONING BOARD OF APPEALS Expert testimony clearly stated that the sign needed to be a larger size than the ordinance allowed to provide for quick recognition and vision by vehicles traveling at a high rate of speed and at the distance between the proposed location and the travel lanes of Route 9. Expert testimony stated that federal guidelines suggest a clearance of seven feet from the bottom of a free—standing sign to the ground to allow for unobstructed vision. Expert testimony showed that placement of the sign in the only portion of the property that would allow it to be placed without a variance would put it in a confusing, not easily seen location away from the entrance possibly causing confusion and leading to a dangerous situation for drivers. The board determined that as a result of the property being surrounded by commercial establishments, there would be no detriment to nearby properties and no undesirable change in the character of the neighborhood. After testimony it was the boards opinion t1nt there were other feasible methods to obtain the benefit sought and that such benefit could be obtained by a moderation of the height portion of the variance and the area portion of the variance and that the safety benefit could be obtained with a modification of the variance. It was determined that the setback portion of the variance had no other feasible method as the only other portion of the property would place the sign in a confusing area out of the direct line of site and away from the entrance possibly creating a danger to traffic. The board determined that the area portion of the variance was substantial in a doubling of the allowable square feet and that the Height portion and the setback portion was substantial but that the benefit sought cool -d he obtained by reducing the area portion, the height portion but not the setback portion. The board determined that there would be no adverse effects on the physical and/or environmental conditions of the neighborhood. The only portion of the variance that could be considered self created was the setback portion. * APPEAL TO 3E GRANTED (Continued) sipn liei,;ht he limited to a maximum of. 12 feet one inch and be granted soley to thu T;ic n ho 1 1 Ilrst;iurcinl_ . Wappj- rs Falls, New York 12590 i3rdiiijan. & Mrhrr v,.. Name of Applicant: Taco Bell Corp. Address: 11 Eves Drive, Suite 170, Marlton, MJ 08053 Grid No.V 19-6157-02-600971-00 Location of Property: West side of Route 9 Zone: Highway Business (HB) Nature of Request: Building Mounted Sign Variance Appeal #1163 Date of Advertisement: January 19, 1994 Date of Public Nearing: January 25, 1994 Place of Bearing: Town Hall, 20 Middlebush Road, Wappingers Falls, New York MEMBERS PRESENT: Joel Sasser Chairman Alan Lehigh Member Michael Hirkala Vice -Chairman William Bitterlich Member James Brooker Member The matter having duly come on to be heard before a duly convened meeting of the Board on -the 25th day of January 1994 and the facts, matters and evidence produced by the applicant, the Zoning Administrator and interested parties having been duly heard, received and considered and due deliberation having been had, the following are the FINDINGS OF FACT: Re: Taco Bell Inc. Appeal X11163 The subject premises are located in an HB District on the westerly side of Route 9, '\r 450 feet north of Middlebush Road in the Town of Wappinger, New York. The subject premises is a new building to be constructed by the Taco Bell, Corp., consisting of a 70 seat Taco Bell Restaurant. The applicant has requested a variance of Article IV, Section 416.61 as follows: to erect two building mounted signs,.one on the north face of the building and one on_•the east face of the building, where one sign is permitted, each at a width of 3' 9 1/2" instead of a maximum width of 3', requiring a variance in width of 9 1/2 inches, and the allowance of an additional sign. The Zoning Board of Appeals has declared itself as Lead Agency and has declared a Negative DeclaraCi.on. The Board heard testimony from Mr. Chris Richter, Engineer, Ms. 1?lizabeth Dolan of Atlantic Traffic Consultants and Mr. Jim Sparkes, Attorney for the applicant. Testimony from these expert, witnesses stated that traffic patterns along Route 9, together with the distance of the premises from Route 9, the speed of vehicles along Route 9 and the configuration of the site pl_an,mandated that variances be granted for public safety. (Continued on attached page). TIIERE FORE based upon the finding of fact, it is hereby ORDERED, that the application or appeal be and the same is hereby granted as follows: That the variance be granted solejy to Taco Bell Restaurant and that it be rescinded at anytime the premises ceases to be operated as a Taco Bell Restaurant. The decision of the Zoning Administrator is hereby. reversed. Dated, Wappingers Falls, N. Y. this 28th day of January 1994 Zoning -Chairman STATE OF NEW YORK')' COT1' OF DUTCHESS ss: . On the ��� day of•. t,� (�C�� before me personally ame JoaT Sasser Chairman.'of the-Zonin Board of Appeals of the Town of Wappingers Falls, N. Y. to me known as the individual described in.andwho executed the foregoing statements, and acknowledged that he exetftAp* tPt NCrfARY PUBLIC, STAT-1Gr NL' ;v YO i 1 NO. 14-37531'0 _- `UJ P (L ` ( -d1 , rQ p, QI:A.LIFIED U1 DUTc"-, OL'iJiy Notary W fOMMISSiOX7 EXPIRES JAN, �"\ Filed, pffice of t e Town Clerk, Wappingers i'IAf1s, . Y. on ��p'1 day of ;-1,, 1i TOWN OF WAPPINGER P.O. Box 324 20 Middlebush Road Wappingers Falls, NY 12590.0324 �Irr Applicant: Taco Bell Corp. Appeal #: 1163 Page #: 2 FINDINGS OF FACT (Continued): ZONING BOARD OF APPEALS Expert testimony clearly stated that the sign needed to be a larger size than the ordinance allowed to provide for quick recognition and vision by vehicles traveling at a high rate of speed and at the distance between the proposed location and the travel lanes of Route 9. Testimony further showed that it was necessary for the sign on the north side of the building to be visible to southbound Route 9 traffic and for the sign on the west side of the building to northbound Route 9 traffic. Testimony showed that the total area as contained in two signs fell within the total square feet allowed for one sign. Expert testimony showed that placement of just one sign would prevent it from being seen by both north and southbound traffic thereby creating a possible danger for drivers attempting to find the restaurant. The board determined that as a result of the property being surrounded by commercial establishments, there would be no detriment to nearby properties and no undesirable change in the character of the neighborhood and in fact that the signs were designed to fit in with the character, style and architecture of the building and that modification of the signs might detract from the visual appearance of the building. After testimony it was the boards opinion that there were no other feasible methods to obtain the benefit sought, that the need for the variance was self created but not s'ubstantial in that no increase in square footage was requested and that no adverse effects on the physical or environmental conditions in the neighborhood would occur. •� a ge a s, ..r �. rifiii n & W"^rbrr Name of Applicant: Taco Bell Corp. „,, Grid No.111.9-6157-02-600971-00 Address: 11 Eves Drive, Suite 170, Marlton, MJ 08053 Location of Property: West side of Route 9 Zone: Highway ]business (HB) Nature of Request: Light Spillage Variance Date of Advertisement: January 1.9, 1994 Date of public Hearing: January 25, 1994 Place of Heari.ng: Town Hall, 20 Middlebush Road, Wappingers Falls, New York MEMBERS PRESENT: Chairman Alan Lehigh Member Joel Sasser William Bitterlich Member Michael llirkal.a Vice -Chairman .Tames Brooker Member The matter having duly come on to be heard before a duly convened meeting of the Board on the 25th day of January 1994 and the facts, matters and evidence or and ste produced by the aandeZoning consideredmandsduetdeliberationehavingabeenshad,'ing the been duly heard, received, following are the FINDINGS OF FACT: Re: Taco Bell Corp. Appeal.#1164 The subject premises are located in an HB District on the westerly side Tof subject, 450 feet north of Middlebush Road in the Town of Wappinger, New York.premises is a new building to be constructed by the Taco Bell, Corp., consisting of a 70 seat Taco Bell Restaurant. The applicant has requested a variance of Aritcle IV, Section 41.5.11 as follows: to allow an exterior light to situate near the northerly curb line of the exit ramp in accordance with landscaping and lighting plan dated October 7, 1992 and revised on December 1, 1993 as prepared by Bohler Engineering, Tne., and to allow light spillage over the property line. The Zoning Board of. Appeals has declared itself as Lead Agency and has -declared a Negative Declaration. 'I'he Board heard testimony from Mr. Chris Richter, Engineer, Ms. Elizabeth Dolan of Atlantic Traffic Consultants and Mr. Jim Sparkes, Attorney for the applicant. Testimony from' these expert witnesses. stated that the streetlight spillage would occur only onto an existing right-of-way. Expert testimony clearly stated that the spillage would be (Continued on attached pag TIIT?R1 FORE based upon the finding of fact, it is hereby ORDERED, that the appli-cation or appeal be and the same is hereby granted. The decision of the Zoning Administrator is hereby reversed. Dated, Wappingers Falls, N. Y. this 28th day of January 1994 Zoning Chairman STATE OF NE�4 YORK-,• COUNTY OF DUTCIIESS ss: . On the 31day of �t ���`i before me personally me Joe.l' .Sasser. Chairman•'of the•ZoninW Board of Appeals of the Town of Wappingers Falls, N. Y. to me known as the individual described in andwho executed the foregoing statements, and acknowledged that he executed the same. � ELAIKIE. H. S'10VIOEN 1I0T.1ItY PULLIC, :TA'. ; 0? 1:S'.9 ••oRK \\ n 1'..LIFI'D • ` .— O cl crc, c 3t-� Notary P:Ll ed, Of f. ice of. the 'II�)�t'f” `L t' 1" ; �$lalpping s_�Fall.s, -N. Y. on day of � ��l 11 F 1�,`� t c' . � I•,� ., TI WN CLI ;RIC TOWN OF WAPPINGER P.O. Box 324 20 Middlebush Road Wappingers Falls, NY 12590-0324 Applicant: Taco Bell Corp. Appeal #: 1164 Page #: 2 FINDINGS OF FACT (Continued): ZONING BOARD OF APPEALS minimal as the fixture is boxed and covered by a grid and that no glare would be created to traffic along Route 9 and that the light spillage would further illuminate the driveway of the subject premises and promote safety and clearer vision to drivers in the area. The board determined that as a result of the property being surrounded by commercial establishments, there would be no detriment to nearby properties and no undesirable change in the character of the neighborhood. After testimony it was the boards opinion that there were no other feasible methods to obtain the benefit sought, that the need for the variance was self created but not substantial and that no adverse effects on the physical or environmental conditions in the neighborhood would occur.