1995-10-17M
-Town of Wappinger Zoning Board of Appeals
October 17; 1995
Minutes
Members Present
Mr.
Lehigh:
Mr.
Praa_er:
Mr.
Fanuele .
Mr.
diPierno
tiler := PreseIlt
Acting Chairman
Member
Member
Member
tor. Roberts. Town Attorney
atr. C' ose, Zoning Administrator
1dr Linda Natives , Secretary to the Z.B.A.
Mr. Lehigh: Would you call the roll call please?
POLL CALL - All present
Town Hall
20 Middlebusll Road
Wappinger Falls; N.Y.
APp6UVED
Nov 01 1995
PLANNM17, 0` -
M
1,41r. Lehigh: Appeal 41210 - Gasland Petroleum Co.. Inc. seeking a
variance. I don't think we need to read everything. They are not here.
Spotted Owl isn't here. Why don't we adjourn for ten minutes.
1'417. Roberts: Why don't you put the Gasland on second call and ao to
:potted owl'
Lehigh: Do you want to move for a ten or fifteen minute recess?
Mr. Fa uele: I think they are talking about a second call on Spotted Owl.
R >berts: No; on Gasland.
Pair. Lehigh: On Gasland.
Mr. Fanuele: Then we discuss Spotted Owl.
Thr. Le'-:igll: Alright; can I have a motion for that?
mr. diPierno: So moved.
Mr. Fanuele: Second.
emote: All ayes.
Mr. Lehigh: We are going to reverse the agenda between Spotted Owl and
Gasland. Spotted Owl is Appeal 1207?
:fir. Roberts: Mr. rliairman; yes; Albert Roberts appearing for the Tcwn of
Wappillaer. Sri:-. Chairman. I would ust like the record to note that 7
received the reply memorandum of law this afternoon. It was given to me
r C`clllil e Smith late in the afternoon and I didn't get a chance to read it
ii aft- i 00. I lust have a couple of observations. Number ogle
e att zched to the back of the memorandum of law; tiie very
_ imit WolllG re: peCtttlli v askthat you a i rL_ "1t and detc i iC
o --; what that ca.�e .stands for. I think it is very mLlcll n
M
9
appir ger Z
Minute:, - Octclne: i 7
?�a+ae
t 31i I think 1t very much supports the position that my afflee, iias
teen espousing. There are some other comments in the reply memorandum of
law.0� page 2; it suggested that any alleged consolidation of the
-Iarcel:=; was superceded by the tax maps. Significantly; the applicants
attorl-le", has giveli no legal authority for that proposition. In the
of August 16; 1993 the applicant appeared before the Planning
Board. At that time the applicants attorney told the Planning Board that
-here were two separate deeds for the parcels. He also indicated later on
that he didn't Have the title report. The significance of those comments
are that the Planning Board never had the complete set of facts before
them at any giveli time. I don't believe it was done until subsecruent to
7 -he August Planning Board meeting; but at least an attempt was made. T_
a o wanted to point out; or at least clarify; the Hover testimony. I
.now we discussed that before the tape recorder was on; but I the it is-=
betmr clarified far the record and the minutes do stand as printed. I
3,::;0. 17 your sake; to give you something to work with; have prepared a
set of findings of fact.
_Mr. Murphy and Ms. Cartularo walk in. Mr. Hanig; Esa. was not present.
:sir. Roberts: Mr. Chairman; I think we should just briefly go over the
tatements I made. Mr. Murphy; I just indicated to the Board that I did
not receive Joel's memo until late this afternoon. I didn't get a c:.hance
to read it until after S:OG. I didn't have a chance to put anytliilia in
writing; I Just made some comments. One; I asked the Board to read tiie
L, e that Mr. Hanig attached. He attached a case to his memorandum of
asked them to read it and I suggested that the case is supp:irtivu
-f my position. Secondly, I noted that in the memorandum of law t'.iere wa_,
a suggestion that the consolidation of the two lots; as required by th=
oning ordinance; superceded by the tax maps. I noted that there was no
legal al_thority given for that position. There is also a reference in the
memorandum that you were never told that you could not build on the second
lot. At the same time; if you look at the minutes in August of 19`=)3 there
was a suggestion by Mr. Kossow, that there were two separate deeds for the
parcel. I :suggested to that the statement of facts it gives a different
uersion of that. I also pointed out that I wasn't quite sure of the
testimony of Mr. Hover on August 29th. That was a public hearing Here.
Mr. Hover stood up and suggested that he knew the neighbors; Mr. & Mrs.
Cosgrove and he had made a reference that when they built the garage it
was over the property line and that he had to buv the two pieces. It was
worded a little awkwardly and I just wanted to get it clarified for the
record. Is there anything else I said that ....?
Mr. Murphy: No.
Mr.
Roberts: I would like the record to reflect
that I've given Mr.
Murphy a copy of the proposed findings
of fact.
I'm only giving these to
you
a: a guideline to work with because
this case
has so many detail_ to
it.
I tried in putting this together;
to be as
objective as possible;
but
tiffs l: not necessarily for you to
adopt verbatim.
It's only working
vo: can edit it or do whatever you
want with
it. If Mr. Habig wants
pod to it he would have a couple
ress_
of days to
get in and I would like.
Do
ref -sect that I have givenit to the
secretary
to the Planning Pcard.
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wappinger Zoinina}-
Minutes - October i7
Paae
urge measure; Mr. Hanig' s memorandum
suggests that mr_>_ t of the facts
vf.at I lave recited are accurate. He did point out some areas; in the
fa,^tual pattern; that he disagreed with. That is for you to decide. In
co :clu:-ionl tizi is a terribly complicated case ... at least as far as the
f:�ctt al pattern is concerned. I just ask that you be fair to both side.
-rid as objective as possible. If you need additional cases or copies of
any of the cares that are cited by either my office or Mr. Hanig's; I'd he
glad to supply them. I'm sure Mr. Han
ig would do the same even thong lie
is not here toniaht. If there are any questions of either me or Mr.
,. urphy .... ?
Ir. Le.La: I Have some questions; just to work with myself. Mr_ Murphy;
we -lust received a packet of information from your lawyer and none of us
-:-,as had a chance to go over it. In fairness to you, I think we should
adlourn this until our next meeting and go over it again. If you don't
wish that; I can ask them to make a decision tonight on the material that
thev already have? But this is up to you.
Mr. Murphy: No; I have to have the attorney and you guys have to read
that stuff.
Mr. Lehigh: O.K.
Ytr. Murphy: He said if you had a complicated case or something
Roberts: When was the public hearing closed? You have 62 days to
,ender a decision unless additional time is granted by the applicant.
Mr. Lehigh: The next meeting would be the 14th and we closed this almost
a month. I think it was the 10th, I think.
Mrs. Nauven: No, I think it was September 26th. Yes; September 26th Mr.
uasser says, "Is there anyone else who would care to speak? Can I have a
motion to close the public hearing?"
Mr. Lehigh: I really ... without an extension, Mr. Murphy requesting an
extension; we'll have to give a decision on it tonight based on the
information that we have.
Mr. Roberts: Well; 62 days from .... What date was that?
Mrs. Nguyen: September 26th.
Mr.a little lee -way. By the time you get
Lehigh: well; actually we have
the decision and get it published and sent to him, it's going to be
close.
Mr. Fanuele: November 14th is within 62 days.
Mr. Praaer: Oh yes_
Roberts: In fairness I would think that you would have to read Mr.
Hamabrief and his comments.
Mr. Lehigh: I am willing to do that, but I don't really want to ruin over
the 62 +3y; If von would request an extension then ....
mir. . murlDhv
29
(tape not understandable).
Wappinger Zoning Board
Minutes - October li, 1995
Page 3
Mr. Lehigh: Let the record show that Mr. Murphy has requested an
extension and that we will meet and he will be on the agenda for the 74th
and we will give him a decision then.
Mr. Prager: I will not be here the 14th.
Mr- Roberts: You might want to get a date when everybody can make it.
Mr. Lehigh: Well; then I think we're going to have to do that Mr. Murphy
hecause we are one member short right now. Mr. Sasser is no longer with
Us. He is the gentleman that was the Chairman. He is not living in the
district anymore so he is not allowed on the Board. The 7th is out for
me. the 21st is O.K. or any other day. Do you want to change it to a
Monday?
`-}tr. Prager: The 21st is fine with me, if you want to do it the next
week. The 14th is just
Mr. Lehigh: How about the 13th? Well, wait a minute, they have the
Planning Board.
Mr. diPierno:
*Ii . Prager:
What about a Wednesday night?
The 15th is fine with me.
Mr. Lehigh: That is fine with me. Can you make it then, on the 15th?
Mr. Roberts: If I can make a suggestion too since this is .... you might
want to assign somebody to go through the statement of findings and see if
you agree or disagree, then propose it to the full Board. It might make
the job or jobs easier.
Mr. Lehigh: We could do that. What is convenient for anybody? Tuesdays
are bad for me_
Mr. Fanuele: If you are willing to give me some notice, I have to arrange
my schedule.
Mr. Lehigh:
Well, we
have
to go through the material. I think we should
go . How
about the
26th
of October? Excuse me, the 25th, Wednesday_
Tlie 25th is
next week.
He
meant just us, just the Board.
Mr. Roberts: Just to get the factual pattern. You've got Planning Board
minutes of June and August of 1993. You have the Zoning Board minutes of
August of this year and September of this year. You have a series of
needs ...
,Y Lehigh.So we will just make a workshop out of it?
;. Robert.=: Again, I want to be perfectly clear, I just wanted to give
you a guideline to work from. You have to reach your own conclusion. In
this caseone way or another.
, we quite frankly would expect an appeal
Wappinger Zoning Board
Minutes - October 17; 1995
Paae 4
. Prager: Would we be able to get the minutes; tonights minutes; and
pis information?
Le_igli: We could always move it until the first week in November.
iNIguyen: Yes, it is small enough; it will be a small meeting. I can
et them right away. The thing it is that you have to approve them at a
regular scheduled meeting.
Mr. Prager: That is O.K., at least we could read them.
Mr. Roberts: You can approve them at any Special Meeting.
Mr.Lehigh: The 25th; do you think that is too soon? We could make it
the 1st or the 8th.
mr. Fanuele: I don't know what my schedule is until next week. I only
scheduled a couple of days off, the time that I needed off.
Mr. Lehigh: So the 25th is all right with you?
Mr. Fanuele: I don't know that. I will find out Thursday what my next
weeks schedule is.
Mr. Lehigh: Is the 25th all right with you?
`. diPierno: Yes.
Mr. Prager: That is fine with me.
M' Lehigh: That is three of us, just call me and let me know. If not,.
I'll call these guys and I'll try to reschedule a different date.
N!r. Prager: If not, make it the 1st, right now. One or the other; it
doesn't matter to me. Why don't we just do that? Make it the 1st. It's
not holding this up.
Mr. Lehigh: All right, the 1st of November.
Mr. Prager: See if Mr. Hanig has any answers. Mr. Murphy, if Mr. Hanig
has anv answers to this, that you have tonight; can we get it as soon as
nossible? Just so we don't keep prolonging this.
Mr. Murphy: When did you receive this letter?
Mr. Prager: I just got it tonight when we sat down here.
Mr. Lehigh: When we walked in tonight.
irs. rartularo: And when did he send his request?
Lehigh: The stamp on there is when he received it, the 16th_
yesterday,. and today the 17th which is way to soon.
Ms. cartularo: You sent out the request first; didn't you?
IR
appinger Zoning Board
Minutes - October 17, 1995
Paae 5
Lehigh: we already decided on the 15th and that is a Wednesday.
Mr. Praaer: The 15th of November will be our
Mr. Fanuele: The first meeting of the month.
Mrs. Nauven: Instead of the 14th? O.K., schedule change.
Mr. Lehigh: The man will be on the agenda for a decision. O.K., that is
November 15th, the decision you will get. That is a Wednesday also
because we are short handed right now. We are going to get together for a
workshop and go over the material that we have received and put everything
In order on the 1st.
Ms. cartularo: Thank you.
Ufa-. Lehigh: It has already been adjourned. We are going to have to make
a motion that Mr. Murphy be granted an extension until the 15th.
Mr. Roberts: He has already consented.
it is .
It is still within the 62 days as
2r. Prager: We don't need an extension.
. Roberts: I think it's a good idea that you meet next week and get
tblls resolved.
'Ar. Lehigh: Do you want to do the whole thing on the 1st? The lst
meeting, the workshop we are going to have, is the 1st of November to put
together everything. Then, his decision will be rendered to him on the
15th. He already agreed to that.
Mr. Roberts: Yes, but it is still within the statutory time period.
Mr. Lehiah: O.K., just as long as we don't run over that.
Mr. Prager: So, that night, if something happens we are going to have to
extend it, I can't see that.
Mrs. Nguyen: So, remove the extension?
Mr. Prager: We will not be extending it at this time.
Mr. Lehigh: O.K., then we don't have to do anything with that. All we
Have act to do is
Mr. Prager: so, we will just need that information and what you have
there and the minutes from tonight as soon as we can get them.
tkw Roberta: The findings in fact are nothing more than a chronological
order. I just thought it might help you.
fr.
LehighI think it's a good idea. He has a right to review them
also-
Iq
Mr. Roberts: I gave them a copy.
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,.appinger ."mon.,—ng �oaid
Minutes - October 17, 1 _"
Paoe 6
Mr. Lehigh: He has a right to be here.
Mr. Roberts: Yes, did you get a copy?
mrs. Nauven: I have the findings of fact but there are only three.
Mr. Roberts: I can give you my other copy.
Mr. Prager: O.K., great then we will have enough copies.
(Movie a on to an adjourned public hearing for Gasland Petroleum Co. Inc.1
Mr. Praaer: Do we have to close the public hearing now?
Mr. Lehiah: It was already closed on the 26th. Actually. this was just a
discussion as the way to determine. Now we have to ao back to #1210
Gasland.
Mr. diPierno: That is the first version.
Mr. Fanuele: Didn't he say anything about tonights meeting?
i s. Nauven, No, I left a message for him.
Mr. Fanuele: So we don't know if it is within a thousand feet or
Mrs. Nguyen:
He had said
that it is definitely .... He
doesn't have a
thou nct feet
in between
so, he has to go for the variance. He did come
lie did get
an application,
but he didn't come back in.
He is planning
on being In for the next
meeting, which would have been
the 14th. So, the
deadline would
have been
for the 23rd, or something like
that, of next
week..
Mr. Lehigh: We can adjourn this until the 16th.
Mr. Praaer: He has a variance right now for the 2,500 feet?
Fir. Lehiah: He is asking for a variance for the 2,500 feet and that is
wrong because he is within a thousand feet of a So, he has to apply
again. Also, for the 1,000 feet and that has to be published.
Mr. Prager: So that ought to be done first.
Mr.
Lehigh: So
actually, he
is asking for two variances.
Mr.
Fanuele: I
guess, if we
make a determination on this variance without
t"Ie
other one .....
. Praaer: You can't, no.
mr. Fanuele: Well, you can. You might not need the other one.
Mr. Lehigh: Yes, you could make ...
Wappinger Zoning Boar3
Minutes - October 17, 1995
Page 7
ir. Prager: Oh, I see what ....
Mr. Lehigh: You couldn't grant him a variance though. The thing is that
you can't grant him a variance on 2,500 feet. It isn't going to do him
any good. He still has to come back so that the variance ....
Mr. Fanuele: If the variance was denied then (muffled voice).
Mr. Lehigh: Well, that is true. I think what we should do is adjourn it
to the 15th.
MIXED DISCUSSION
Mr. Fanuele: I think it's only .... from us to them that if we feel
....... then, why string them along? Why go through the motions?
Mr. Lehigh: Point well taken because there is another fee involved, right
when he comes back for the 1000 feet? Well, he is not here. Usually we,
I've never sat here when we did adjourn them when the applicant wasn't
here. The applicant for Gasland is not here.
Mr. Roberts: Was a notice of public hearing published?
Mrs. Nguyen: Yes.
,�
r Lehigh: It was stated at the last meeting that we had told him he was
*ithin a thousand feet of a residential area. We told him at that time
that we couldn't grant him a variance. Even if we varied the 2,500 feet,
we couldn't grant him a variance because he is still within a thousand
feet of residential area. He still wouldn't be able to operate even if he
had the 2500 ft. variance
(Tape not working)
Mr. Fanuele: Motion to adjourn to the 15th.
Mr. diPierno: Second.
Vote: All ayes.
Mr. Prager: Motion to close.
Mr. Fanuele: Second.
Vote: All ayes.
MEETING ADJOURNED AT 8:05 P.M..
Respectfully submitted,
%W
Dawn Idema, Assistant to the Secretary
Zoning Board of Appeals
Town of Wappinger Zoning Board of Appeals Town Hall
October 10. 1195- 20 Middlebush Road
Minutes Wappinger Falls; N.Y.
Members Prese=nt
Mr. Sasser: Chairman Mr. Lehigh: Member
Mr. Praaer: Member Mr. Fanuele: Member
Mr. diPierno: Member APl OVED
Others Preser
NOV p 1 1995;
M
1,,rs. Linda Nauven; Secretary to the Z.B.A.
ENING BOAR' ❑
pn1
\mr. Sasser: I call the Zoning Board of Appeals to order. Clerk call tine
roll nlea=;e.
ROLL CALL - All present.
-1r. Sasser
minutes:
Mrs. Nguyen
Does everybody have their copies of September 12 & 26th
No; that is how I keep track of what I still owe you.
Mr. Sasser: O.K.; then we will pass that until the next meeting. The
first item on the agenda tonight we are going to take the public hearing
:;ecolnd because there will not be a need for a public hearing perhaps based
the interpretation. So; we will take #1212 first. At the request of
Msland Petroleum Co., Inc_ who is seeking an interpretation of the Zoning
Administrator's opinion that the property has lost its "Grandfather
Clause" tinder Article IV; Section 400.5.2.3. The paragraph states that;
"If such "lion -conforming use" of land; or any portion thereof; ceases for
aynvreason whatsoever for a continuous period of more than two years; or
isIchanaed to a conforming "use", any future "use" of such land shall be
in conformity with all provisions of the ordinance." The property is
locatec_s on Old Hopewell Road and Route 9 and is identified as Tax Grid
=19-b-157-02-610544-00 in the Town of Wappinger. Is there someone here
from Gasland who would like to speak with regard to the interpretation:
we are aoina to be dealing right now with just the interpretation; that
a11. Should we have a need for a public hearing we will ero rialnt ori
teat .
Mr. Henrv: Basically; as you had probably discussed back in September
that Gasland & Mr. Cappelletti's opinion on the property are that the
station was closed due to extenuating circumstances being the
contamination. Being under the auspice of the New York State D.E.C.
uurina the clean up. The tanks were pulled in June/July of 92. Since
then Mr. Cappelletti was one of the only property owners there that did
work with New York State D.E.C. to try to remediate the area that was
contaminated and contributed by some of the neighboring properties; which
.s documented. We feel that he got a release April 28; 1995 of this
year. You got the letter from the New York State D.E.C. that we submitted
to vou. It made the property marketable. In the interim Mr.
pellett.-i did try to use the property for other uses; but was rebuffed
y the Zoning Laws again for a used car sales facility.
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Wappinger Zoning Board
Minutes - October iO, 1995
Page 1
1,11r. Sasser: If I could just direct you just a little bit; how do you feel
t'siat he should fall within the grandfather clause to reopen the gas
=tatiC; -..
Y.-. Henrv: Basically; until the problem or remediation was resolved the
property was basically unmarketable. He couldn't use it and nobody would
come into it for contamination purposes or take responsibility until some
sort of a release was done then basically reinstalled the tanks into the
property. we feel because of the action that was placed against the
bronerty that was one factor that caused one of capitol and one of like
the contamination problems to continue it as a gasoline station. It has
always been a gas station. The building permit was issued in 1965 via
vour records at the Town of Wappinger Falls; Don Close. We feel that was
the circumstance that stopped the station from being used as an ongoia;g
continuation of petroleum sales.
Mr. Sasser: Thank you. Is there anyone else who would like to speak with
reaard to this. This is not a public hearing, but anyone who would like
toJspeak Cali do that. My opinion is irrespective of whether I think it is
good location for a gasoline filling station or not. I understand that
there could be a lot of things that may put you out of business and I also
understand that it may not have operated as anything else. My opinion is,
and it is very clear to me, that the Zoning Ordinance says if it ceases
,:or anv reason whatsoever. Does the rest of the Board have any comments?
r. Prager: I agree with that_
:mfr.
Sasser:
You look like you
want to speak Mr. Fanuele.
:qtr.
Fanuele:
It says for any
reason whatsoever.
Mr.
Sasser:
It is pretty hard
to overcome.
Mr.
Fanuele:
Although I feel
concern that it wasn't the applicants
for
not doing
it.
_•.fir. Sasser: That is my feeling. I feel that as well.
:sir. Prager: I agree with that_
Mr. Sasser: Irrespective of who was at fault or what was the cause, the
Zoning Ordinance is clear. This is an interpretation, not an appeal. Any
further comments from the Board? Then, I would move that our
interpretation be to uphold the Enforcement Officers opinion_
Mr. diPierno: Second.
ROLL CAL -1
to : All ayes.
Wanpinaer Zonina Board
Minutes - October 10. 1995
Paae 2
%Wr. Sasser: The opinion of the Enforcement Officer is upheld. which now
s-oves us to Appeal:;1210 at the request of Gasland Petroleum Co. Inc. who
I seekina a variance of Article IV. Section 446.6 where they are required
to maintain 2500 ft. between filling stations for property located at old
Hopewell Road and Route 9 and is identified as tax arid
r19-6157-02-610544-00 in the Town of Wappinger. Has all of the mailings
gone out and been returned'
Mrs. Nauven: Yes, they have.
Mr. Sasser: Can I have a motion to open the public hearing.
Mr. Praaer: So moved.
Mr. Lehigh: Seconid_
Vote : All ayes.
Mr. Sasser: Just one question before we move into this. There was a
question as to .. There was also a provision in the Zoning Ordinance
that a gasoline station can not be 1000 feet from a residential area.
Looking at the Zoning Map it appears it may be 1000 feet, but it's close.
is that something that you have checked?
Mr. Henry: Nci-
r. Sasser: If you look in the Zoning Ordinance. 440.3.1 it says, "No
gasoline filling station shall be within 1000 feet of a boundary line of
anv residence district ...." and it goes on and on and on. I see that
you are surrounded by a Highway Business district as well. It is pretty
close. I don't know if it's 1000 or not.
Mr. Lehigh: I think both of them personally are within 1000 feet. The
one across the road and the one directly behind him. I know the one
directly behind him and I am pretty sure the Indian Village is also within
1000 feet.
Mr. Sasser: Consequently, I would hate to move forward tonight with the
public hearing, which would not grant you the relief that you were looking
for if in fact this is going to hold it back. You may have more than 1000
feet; but I don't know if you dux_
M-.XED DISCUSSION ABOUT THE ZONING MAP
Mr. Cappelletti: We will have to get the surveyor out there.
€r. Sasser: It looks pretty close.
mr.
"apID I ler.ti:
We will have
to get the surveyor
to measure. We can
-usT
move on this
one and if we
need the other one
we can get the other
Mr.
Sasser: You
can't because
what you are asking
for is for us to give
you
a variance for the filling
station. We can't
do that unless this
matter
is cleared
up.
IR
Wauninaer Zonina Board
Minutes - October 10; 1995
Page 3
Mr. Caoneiletti: If we have a variance for the
Mr. Sasser: We would never grant the variance for it because we know that
you have another potential problem already. The variance is to let you
have a filling station. Knowing that this is hanging in limbo we couldn't
give it to you. It appears to me that you have less than 1.000 feet
there. Do you have a copy of what the Zoning Ordinance is?
Mr. Henry: I bet Eugene does -
Mr.
Sasser:
You may even
have less than 1000 feet to
Indian Village;
which
is what Al
is suggesting
is across the street.
I don't know if that
is
further.
Mr.
Lehigh:
1000
feet is
a long ways.
Mr.
Sasser:
That
one is
real close. What this means
is; this is going to
set
you back.
if
you did
the mailings tomorrow, you can't get it on for
next weTr..
Mrs. Nguyen: No, it can't be done. It would be the next meeting.
Mr. Sasser: It would be the first week in ... Four weeks from now would
'he the soonest that you could get on for a public hearing.
%�rs. Nauven: The 14th of November would be the next meeting.
Mr. Sasser: We have a special meeting next Tuesday night
is not 1000 feet; which I find that hard to believe _._
Mr. Henry: Basically, what you are saying is ...
If you find it
Mr. Sasser: You need another variance. You can't do anything without
going for two variances. One is 1000 feet from residential and the other
is 2500 feet from another gas station—
Mr. Lehigh: Are you aware that the previous owner of the gas station came
in front of this Board for the same variance that you are asking for and
thev were denied before you purchased the property? Because that was a
gas station for a while and then they did only repairs and stopped selling
gas. He wanted to reopen the gas portion of the business and we didn't
allow it. Then; the D.E.C. stepped in and that is when they had tbe.
rtollution after.
Mr. Sasser: Not to suggest that it necessarily would have any negative
influence on your application as far as I am concerned.
Mr. Cappelletti: I was unaware of that.
'r. Sasser: We haven't heard any testimony that would hurt your
"Aresentation. but I certainly, my basic feeling is that you have a very
viable idea. My suggestion to von would be that you request an
adjournment for What is the date? Not the 17th.
Wappinger Zoning Board
Minutes - October i0, 1995
Page 4
% rs . Nauven .
The next meeting is November 14th.
Mr. Sasser: It would be November 14th.
Mr. Cappelletti: Isn't that the second Thursday?
Mr. Sasser: The second Tuesday, November 14th. We have another one next
week; but you don't have enough time to get your mailings out. Gentlemen..
I am sorry; but it's better we catch it now than have you go ...
Mr. Cappelletti: Is there anything else that anybody can think of that
maybe would help you?
fir. Sasser: In my opinion, it is very important that you specify what
kind of tanks you will use. We received a letter from Hark Plaza
objecting to it. That is their concern. That would be important to me to
know the specifications of the tanks, that they are different than they
were before and your not going to have a problem. Was this Costal or
Sunoc;u
Mr. Cappelletti: It is going to be Sunoco and it was Sunoco.
Mr. Sasser:
Any kinds of
plans or drawings that you can bring to help us
understand
it. I want to
see it move as quickly as
possible without
delaying you
anymore then
you have been delayed. I know you have had a
rd time with this property for a long time. But,
again my gut feeling
right now
is that it's a
very viable way to go. I
haven't heard
everything
and we're not
in a position to make any
decision.
Mr. Henrv: If this is not within 1000 feet, where does that go ...?
Mr. Sasser: If it is more than 1000 then, you can be on next Tuesday
n i
Mr. Henry* if it is not? As far as notifying and notification of people
that
IAr. Sasser: What we will do tonight to cover you here is we will adjourn
this until October 17th, which is next week just in case. If you find it
is less than 1000 feet on next Tuesday night then, we will adjourn it to
November__
Mr. Henrv: Should the new mailings include both or just one?
Mr. Sasser: Only one because you have already done this. We have called
the public hearing and we had adjourned this. This one is adjourned until
next week. Now you are starting a new one, which would be for the 17th
and the next week we will adjourn this and hear them both at the same
tine.
~. Henry. That new notice, do you want it just for both?
�lr+
Mr. Sasser: No, just for the new one.
Mr. Henrv: 1000 feet from a residence.
Wappinger Zoning Board
Minutes - October !0, 1995
Page 5
Mr. Sasser: I haven't read the whole thing about gas stations, but you
might want to take it and reread it again to make sure there isn't
anvtL-ina else in there. One other business before the Board ---
Mr. Lehigh: We have to close the public hearing.
Mr. Sasser: we have already adjourned it already_
tars. Nguyen: Joel, does he understand that he has to come in and fill out
another applicaticn?
Mr. Sasser: Gentlemen, excuse me, you will be in tomorrow morning to fill
out the application? You need to move fairly quickly on it. Motion ts=
adjourn the public hearing until October 17th.
Mr. Lehigh: So moved.
Mr. Fanuele: Second.
Vote: All aveS:_
Mme-. Sasser: The only other item, which was not on the agenda, was Spotted
DWI Everybody received a copy of Findings of Facts. Are there any
dditions to it? You will not be here next week_
Mr. Lehigh: No.
Mr. Sasser: O.k., if there is no other additions to it then we will just
be prepared to vote on it at next Tuesday nights meeting. Motion tc
ad -i ourn .
Mr. diPierno: So moved_
Mr. Prager: Second.
Vote: All ayes;.
MEETING ADJOURNED AT 7:50 P.M..
Respectfully submitted,
Mrs. Linda tf6uc/en, Secretary
Town of Wappinger Zoning Board of Appeals
Town of Wappinger Zoning Board of Appeals
October 11 1995
.n!'a 7:30 P.M.
Town Hall
20 Middlebush Road
Wappinger Falls; N.Y.
Approval of September 12 & 26; 1995 & October 10; 1995 minutes.
ADJOURNED PUBLIC HEARING
Anneal #1210 - At the request of Gasland Petroleum Co. Inc. who are
nesting a variance of Article IV; Section 446.6 whereas they are required
to maintain 2500 ft. between filling stations for property located at old
Hopewell Road and Route 9 and is identified as Tax Grid
-19-6157-02-610544-00 in the Town of Wappinger.
DISQUSSI+ON
Snotted Owl Development Corn. - To make a determination on Appeal :1203
for an existing undersized lot located at 6 Montfort Road in the Town of
Wappinger.
ginger.
M
M