02-7150
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TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
January 29,2003
To: Gloria Morse
Town Clerk
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ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-1373
RE.CE.\\IEO
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,OWN CLE.RK
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Wappinger Toyota
Appeal No. 02-7150
Attached you will find the original Application/Decision & Order
for Wappinger Toyota, 1341Route 9, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. Phil Hamburger
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
CHRISTOPHER J. COLSEY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
,i
AREA V ARIANCE(S) APPLICATION
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
Appeal # Slf -7 ISO
Date: \ \ l ~ 10 2-
Fee: 250.00
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We)
Wappingers Falls Toyota-Subaru
(Name of Appellant(s)
1349 Route 9, Wappingers Falls, New York 12590
(Mailing Address)
, of
(845) 298-8880
(Tel. Nos. Home/Work)
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED ,19_
AND DO HEREBY APPLY FOR AN AREA V ARlANCE(S).
Premises located at
1349 Route 9, Wappingers Falls, New York 12590
(Address of Property)
6157 -02-585606
(Grid Nos.)
HB
(Zoning District)
1. RECORD OWNER OF PROPERTY
OWNER CONSENT:
Dated: 11/18/2002
Schunzellnc. / Greer Toyota L TD
(Name)
(845) 223-1816
(Phone Number)
Signature: ~zt~/~
67 Secor Lane, Hopewell Junction, New York 12533
(Address)
Printed: Cynthia Greer
2. V ARIANCE(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
ORDINANCE.
Exterior Lighting Section 240-23
(Indicate Article, Section, Subsection and Paragraph)
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Application p.1.max
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ZOI\i
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 2
REQUIRED:
.5 footcandles at the property line
APPLICANT(S) CAN PROVIDE: A range between .1 and 2.7 footcandles along the Route 9
property line. Only one location being 2.7 and most significantly less.
THUS REQUESTING:
TO ALLOW: Lighting on site as set forth on the attached photometric map
VARIANCE NO.2
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARlANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED:
APPLICANT(S) CAl';l PROVIDE:
THUS REQUESTING:
TO ALLOW
3. REASON FOR APPEAL (Please substantiate the request by answering the following
questions in detail. Use extra sheet, ifnecessary):
A. IF YOUR V ARIANCE(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.
If aranted. orooosed liahtina will have a beneficial impact on the character
of the neighborhood bv the reduced liQhtinQ output compared to the lighting
output of our existing site lightina.
Application p.2.max
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 3
B. PLEASE EXPLAIN WHY YOU NEED THE V ARIANCE(S). IS THERE ANY WAY
TO REACH THE SAME RESULT WITHOUT A V ARIANCE(S)? PLEASE BE SPECIFIC IN
YOUR ANSWER.
Appellant has been working to comply with the township's recommendations over the past year.
This proposal comes the closest to meeting the requirements while maintaining an adequate
level of liQhtinQ for both safety and security under present circumstances.
C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUT IN THE ZONING
LAW? IS THE REQUESTED AREA V ARIANCE(S) SUBSTANTIAL? IF NOT, PLEASE
EXPLAIN, IN DETAIL, WHY IT IS NOT SUBSTANTIAL.
Section 240-23 reauires site liahtina at property line to be <= .5 footcandles. Appellant,
working with engineer and township has been able to reduce liQhtinQ footcandles at property
line from 25 footcandles to an averaae of less than 2 footcandles, this has resulted in a
reduction of over 90%.
D. IF YOUR V ARIANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL
ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BE
IMPACTED? PLEASE EXPLAIN, IN DETAIL, WHY OR WHY NOT.
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICULTY SELF-CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
Application p.3.max
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 4
4. LIST OF ATTACHMENTS (Check applicable information)
( ) SURVEY DATED January 28,2002 . LAST REVISED July 3,2002 AND
PREPARED BY Joel L. Greenberg
( ) PLOT PLAN DATED
( ) PHOTOS
( ) DRAWINGS DATED
January 28, 2002
. (Site Plan I Photometric Map)
( ) LETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO
THE ZBA.
(e.g., recommendation from the Planning Board / Zoning Denial)
LETTER FROM Ms. Tatiana Lukianoff DATED: October 15, 2002
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 ~. (JI"')/~u~.-a/
(Appellant)
Lee W. Burns
Wappingers Falls Toyota-Subaru
DATED: November 18,2002
SIGNATURE
DATED:
(If more than one Appellant)
Application p.4.max
Town of Wappinger Zoning Board of Appeals
Area Varianc.e Application
Appeal No.
Page 5
........~.~...........................................................................................................
.....................................................................................................................
FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL I r~L NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES I (~UBSTANTIALDETRIMENTWILLBECREATEDTONEARBY
PROPERTIES.
2. THERE ( ) IS (ARE) I (~ARE) NO OTHER FEASmLE METIlODS
AVAILABLE FOR YOU TO PURSUE TO ACIDEVE THE BENEFIT YOU SEEK OTHER
THAN THE REQUESTED V ARIANCE(S).
/
3. THE REQUESTED AREA V ARIANCE(S) (LfiS (ARE) I ( ) IS (ARE) NOT
SUBSTANTIAL.
4. THE PROPOSED V ARIANCE(S) ( ) WILL I (~LL NOT HAVE AN ADVERSE
EFFECT OR IMP ACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT.
5. THEALLEGEDDIFFICULTY~ I ( )ISNOT SELF-CREATED.
Page 5.max
1 .
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. 07-71 ,0
Page 6
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE
BE 6oc) 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 Zoning Board of Appeals has voted 4 to 1 at their meeting of January 28,
2003 to grant a variance allowing a range of foot-candle lighting at the
property line to vary from .1 to 2.7 along Route 9.
(XX) FINDINGS & FACTS ATTACHED.
DATED: January 29, 2003
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:
PRINT: