99-7012, 99-7015, 99-7016& 99-7017
r
TOWN OF WAPPINGER
P.O. Box 324
20 Middlebush Road
Wappingers Falls, NY 12590-0324
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ZONING BOARD OF APPEALS
Telephone: (914) 297-1373
Fax: : (914) 297-4558
To:
Elaine Snowden, Town Clerk
Linda Nguyen, Secretary A)
Town of Wappinger Zoning Board ~;e~ls
REceIVED
JUN 1 4 1999
ELAINE SNOWDEN
TOWN CLeRK
From:
Re: Original Application and Decision
Mobil Oil Corp. - Appeal Nos. 99-7012,99-7015,99-7016 & 99-7017
Date: June 14,1999
Attached you will find the original Application / Decision for Mobil Oil Corp. - Appeal Nos. 99-7012,99-7015,
99-7016 & 99-7017.
CC: Tyree Engineering
Mr. Romig, Esq.
Zoning Board
Planning Board
Town Planner
Town Engineer
Town Attorney
Building Inspector
Fire Inspector
Assessor
Town File
"
\%~~~~~\EillJ
~PR ~ 'l 1999 AREA V ARIANCE(S) APPLICATION
M\N\Sl'R"lOR
'10N'NGA~tlCATION TO ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
Appeal #!ffI-- D.:1
Date: 7 q
Fee: 02 .
Receipt 6"'70
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We) Tyree Enqineerinq, P.C. ,of
(Name of Appellant(s)
125 Commerce Drive Brookfield C~ (203) 740-9280
(lv/ailing Address) 06804 (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 ARIANCE(S).
Premises located at Route 82 & Route 94 Intersection
(Address of Property)
19-6356-01-??~qqO-OO
(Grid Nos.)
HM
(Zoning District)
1. RECORD OWNER OF PROPERTY
Mobil Oil
3225 Gallows Road Fairfax VA 2
(Address)
See Attached
Dated: 4. Z6 . , j Signature:
Printed:
O\VNER CONSENT:
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.
Article IV, Section 420 Subsection.4 Column 1 Row 5
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: 751 Front Yard
APPLICANT(S) CAN PROVIDE: 58' Front Yard
THUS REQUESTING: A 17' Front Yard Vari ance.
RECEIVED
APR 2 7 1999
~l..rtl~l~d~G & ZONING
OO~~~~~~\D)
APR 27 1999
"'ONt\\tG AOM\N\SlRATOR
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. qtj-70~
Page 2
TO ALLOW: Construction of a new convenience market
VARIANCE NO.2
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
N/A
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: N/A
APPLICANT(S) CAN PROVIDE: N/A
THUS REQUESTING: N/A
TO ALLOW: N/A
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
D ET AIL.
T~ v~ri~nce i~ ~r~nte~, the ch~r~cter of the pei~hhnr~nn~
will not be negatively af~e~~ed dlle ~o ~~e fa~~ ~ha~ rnos~
buildings in the area appear closer to the front yard than
required by zoning.
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.
Due to the existinq site confiquration, location of existinq
tanks, dispensors and septic system as well as the type of use
of the property. a variance is required to properly develop the
site. Without a varian~e ~he ~i~e would he ~ongested in front of
the buildinq and may cause lonq waitinq lines in the dispensor
and site access areas.
. ~ ~~~u\'U~ID)
APR 2 '7 1999
..:]\~HNG ADMINISTRATOR
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. qr-7f)/~
Page 3
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.
The variance is for approximately 23% of the required setback
distance. The variance requestp-d is not. 1=:nh1=:t~nt.i~l ~1=: m~ny
of the surroundinq properties are developed with buildings closer
to the front line than code requires.
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.
Physical environmental conditions will not hp- ~dvp-r1=:ply imp~cted
if variances are granted. The proposed use is more environmentally
friendly than what currently exists. Storm water runoff will be
less than current conditions and an on-site well and septic
system may be placed within the propp-rty honnds.
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICULTY SELF-CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
A variance is required so that the sitp- m~y hp- dp-vP-lopP-d with better
traffic flow patterns. Due to the shallow depth of this corner lot
and due to the locations of the existinq canopy and dispensors,
tank farm and subsurface sewaqe disposal system, A front yard
variance is required to redevelOP this site.
4. LIST OF ATTACHMENTS (Check applicable information)
( x) SURVEY DATED R-n-q7 , LAST REVISED
PREPARED BY Control Point Associates, rnc.
AND
( x) PLOT PLAN DATED 2/8/99
( X) PHOTOS ((;lrc,hfkdzu$.{)
( x) DRAWINGS DATED ~-8-99. 1-15-99.
( ) 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):
" \;~~~~ ~ DW~ ill)
L!c.c.b
APR 21 1999
!jNtt\lG AOMINISTRATOR
5. SIGNATURE AND VERIFICATION
Town of Wappinger Zoning Board of Appeals
Area Variance Ap~lication
Appeal No. '1Q-7011,;-
Page 4
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 D~TE F APPLICATION
I
/
DATED: A'?6 -7}
SIGNATURE
SIGNATURE
DATED:
(If more than one Appellant)
............................................. ......... ......... .............................. ............ ....,... II..
.. ....... . .. ...... . .. ... ... ............... ............... ............... ..... . ... . . . ... .. . ... . .. .. . .. . ... . ..... ... .. .
FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL / Ocx) WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES / Qcx) NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES. -
2. THERE ( ) IS (ARE) / tx) IS (ARE) NO OTHER FEASIBLE METHODS
A V AILABLE FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER
THAN THE REQUESTED V ARIANCE(S).
3. THE REQUESTED AREA VARIANCE(S) ( ) IS (ARE) / (J09 IS (ARE) NOT
SUBST ANTIAL.
4. THE PROPOSED V ARIANCE(S) ( ) 'VILL / {ex) 'VILL NOT HAVE AN ADVERSE
EFFECT OR IMP ACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT.
5. THE ALLEGED DIFFICULTY (ex) IS / ( ) IS NOT SELF-CREATED.
,"
C~ (0).. ~ \\ \';j] ~ \ill
~~bU \l
~PR II 1S::d
G hn'Ul.~liji,i Hl\l'OR
'ON\N tUJlilA.
Town of'vVappinger Zoning Board of Appeals
Area Variance Application
Appeal No. qq- 7011..-
Page 5
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE
BE (XX) GR..-'\NTED ( ) DENIED.
CONDITIONS/STIPULATIONS: The following conditions and/or stipulations were adopted
by resolution of the Board as part of the action stated above:
See Attached ZBA minutes dated June 8. 1999. Page 7.
( ) FINDINGS & FACTS ATTACHED.
DATED: June 14. 1999
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY: ~~,
(Chairman)1 '--:1
PRINT: 7J:of.<-F t+ t1";;11-<'
SWORN TO BEF~. jA.~~ ON THIS
~DAY OF '" , 199f
~11111' W &MWk.
(Notary Public)
ELAINE H. SNOWDEN
NorARY PUBUC. STATEOPleWYORK
NO. 14.3753190
QUALIFIED IN DUTCHESS ~~NTY
j'\' COMMISSION EXPIRES JMJ. . 19-~ (f
Town of Wappinger Zoning Board of Appeals
Summarized Minutes - June 8, 1999
Page 7
Mr. Prager asked ifthe Board or the public wanted to speak concerning this project. Hearing none;
Mr. Lehigh made a motion for a Neg. Dec.
Mr. Warren seconded the motion.
V ote: All present voted aye.
Mr. Prager logged into evidence drawings dated 2/8/99 by Tyree Engineering for Mobil Oil Corp. A letter
dated June 8, 1999, from the Planning Board.
Mr. Virbickas, PE, added the drawings were revised through 6/3/99. He stated the sign and landscaping were
changed.
Mr. Lehigh made a motion to close the public hearings.
Mr. diPierno seconded the motion.
V ote: All present voted aye.
pA.
Appeal No. 99-7012 - In accordance with Article IV, Section 420.2, a 75-foot front yard setback is
required for the construction of a new building, the appellant is proposing 58 feet, thus requiring a 17-
foot front yard variance.
Mr. Fanuele made a motion to grant a 17 foot front yard variance.
Mr. diPierno seconded the motion.
ROLL CALL:
Mr. Warren:
Mr. Fanuele:
Mr. Prager:
Aye.
Aye.
Aye.
Mr. diPierno:
Mr. Lehigh:
Aye.
Aye.
V ote: All present voted aye to grant a 17 foot front yard variance.
Mr. Prager stated the requested variance would not be detrimental to nearby properties. No undesirable
change will occur to the character of the neighborhood. There is no alternative method since they have
moved the building back as far as they can on the property. The variance is not substantial. The
variance will not cause an adverse affect on the physical or environmental conditions of the
neighborhood. The difficulty is self-created. Those are the reasons the Board granted the variance.
B. Appeal No. 99-7015 - In accordance with Article IV, Section 420.2, a 25-foot rear yard setback is
required for the construction of a new building, the appellant is showing 12 feet, thus requiring a 13-
foot rear yard variance.
Mr. Fanuele made a motion to grant the 13 foot rear yard variance with the following conditions
that the dumpster and the pad area where they put their mechanical equipment shall be
AREA V ARIANCE(S) APPLICATION
9!l-1&/6
Appeal # 7c;"'1JIJ
Date:~/;"'If~
Fee: 'I1Sb.
Receipt (,11-
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We) /YJt.E.G. bv~'AJ€'~ tt..IAJ ~ I fI. C. , of
I
(Name of Appellant(s)
1Z.~ ~mtY)'-,eu ba.. BQ.OOI<..~tE;Lb C, , (2-03) 740. CJZJ>O
(Mailing Address) 0680t.f (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 ARIANCE(S).
Premises located at f(o(,/ n; 8' 2 q.- R t5U.. nz 9 'i :J:ic;Tfi;lJ....S~c. no,.]
(Address of Property)
-L9 .. ~3S-" -01 - z. 23t:J1a - DO H M
(Grid Nos.) (Zoning District)
1. RECORD OWNER OF PROPERTY tvJcsit.. 0:1-
2. S' ~"L.t..oWS lA. Ht,(lP; V.4 220& '7
(Address)
O\VNER CONSENT: Dated: 5"'ll9~ Signature:
" Printed:
Cor2PD /!-Ii n () ,J
(Name)
(?Oi)
(Phone Nz bel)
2. V ARIANCE(S) REQUEST:
VARIANCE NO. 1 _~4t=qq-lJo{ h
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
AYL TICA.f.. ,\J ,SC c:nON A \ 0 , S 'V-g.S~cr-l \ 1..:> f'A12A€.t-#V~
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: 2~ soy i ," L j'{
APPLICANT(S) CAN PROVIDE: A 3,
THUS REQUESTING: , ,to Sf Il\NCf.
fR , 'Z..
[DJ
99
ZONING DMINISTRATOR
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. '1f-74/'''l,/./}tJ/7
Page 2
TO ALLOW: ~U~}TA1'1D)NG >lqN~6,(
<~1\lO'N4 <; I ~A€,e. sa\lA~ ftOTAa~.
Tlt1<)T
VV\~TC;t{) t'<15T~ f"~
VARIANCE NO.2 = ~.=#- Cft{-l 0/7
I'); c: (fU re
i1~ is llD LS D WI [E ill)
NAY 14 1999
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONIHON(J ADMIN
ORDINANCE.ISTRATOR
Arl..n<.l..'€-- \V J <;.GcTlONt\IOt S\)~SE~nt~ )Z. J 'PA'M6tAP>> <0;7
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: S\&/'ol \M.A, l$~ '~\..\l'MI,....JI\Tf.-O
APPLICANT(S) CAN PROVIDE: 5 g,G-NS I() ~6 1'-- \. v""',....f.\fF.....()
THUS REQUESTING: 2- <; ~~ .y AO-h\N(~
TO ALLOW: :gent ~"\)c..:T tYf\S1LlNGl) i\) gt DIS"\...~'1G~ I4NQ
\J Ie;; \ ~'-{,
1)\lt.lN(j.
ntC ~"'V...>IN G- t{6\)ft.g ,
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
D ET AIL.
"At.! ANres V'J"j LL Nor
AS ~ \~NA6( ft>7POSW IS
AN'9 ~X'~ilNf S \C...NAC::i-
c t\~e. mE. CHtlilAc::n:-€- c.f nt~ Nf)f.HfOiJi'IiO
(, V'V1 \ \AYl. I rJ S I '2L j'1:) :E.;J(\ S l1N6- ~ 1 G- N~t,~
\ \ 1 L.\...\)W\INI\1r-y) .
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.
<J lbNAGE:- \JA12-11\J'.\ct. ~ 4Y2E- t-arvl}2..W
y>otr 1';2..1 u: { ON -rn f2:- \ . 1). ~ \ bN .
'il.~a\Jl1t.f_~ t;D '"ntAI ~(lC'Ol)t-,.. off~N(;/
~~tNl~& 1-\C0fJ>.
4 ~ 6-A<;cu NE, ~ rn n CI"J ~
ILl \))'\A ) N ~ 11 Cv-..l I (
471L- \J) ~ )'Kt.-e. 0 VI2.-I Nf
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. (9'7o/t,"1I-1()17
Page 3
C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUT IN THE ZONING
LA W? IS THE REQUESTED AREA V ARIANCE(S) SUBSTANTIAL? IF NOT,
PLEASE EXPLAIN, IN DETAIL, WHY IT IS NOT SUBSTANTIAL.
n-rt c 1-\4~~ I) ~ sv~c) ~1lA.\... AS S'l'N46f:.. R7;L l1t\~
"1# (y \)Sf \~ uSvAU-'( (;MAff~ Tli1;\;J v-Jl-\4T I ~ ~~ 11-16
P'J1.&PO(f;:J) . vAt/ANa .sprz.~St "0 ~ l2.f. 1<0 &'\...L<\..,J THt: ,{\AI""'''''' \I ~
~\ltJT oY <;\bN4G-"- "11-\tH f S ~i~12A"I t:cvNV 'fGl2.. nns
~9(.. c~ VJ'E:- .
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, \VHY OR \VHY NOT.
-rI1( \/A'/UAtJc€5 y.lIL\... NoT l')'\1\,.,ACr.. ENVI~"MV"T1\'-- (CNOJnCAi)
tK 1111t v~~~c~C; U\1'lG ~ou~;;HI w\LL ~f2..~ m€ Si']'f.
(' l. 0 n~: ~"TO c: ('NrciL-tv1 I nr .
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICULTY SELF -CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
S;'} GNAGf.. \J1)iLiA/'JCF;.5 A1t.L J2..€&\))'tX ~ $0 ntAr T71f
ON yV\~ i>1 L- \I vSvA\; ANi> CQSTlll'\A~ N4&~
"'f() 0- 1ft \ S .. J.' ,:) )'LTll:' v LA v~ f.- _ t l. 'l \) \,""'-, N 4 n <:"-1 j ~ IV L('(;f-f:S4 ~
1\> ~ \lS I Nt. (,)5 \ S ccNf)uc..n;o~. >-wv1tJ f'~ 'f)A1j.
4. LIST OF ATTACHMENTS (Check applicable information)
O~)SURVEYDATED 8-(0'0'. ,LASTREVISED
PREPARED BY CC,..JTfl.,P\... POII'lT A.~~}-A11~"5
AND
(X ) PLOT PLAN DATED
( ) PHOTOS
2ft/", J 4/ A/I1J11WJF.P
, ,
[R3~C0~~W~illJ
MAY 14 1999
(!)( ) DRAWINGS DATED 2 -8- '1 ~ ;1 AS A"1JtI~!J }JJNING ADMINISTRATOR
(x.) LETTER OF COMMUNICATION \-VBICB RESULTED IN APPLICATION TO
THE ZBA.
(e.g.. recommendatiqllfrom the PIa 11 11 ill '2" Board / Zoning Denial)
LETTER FROM ~f'L~J\J.i ~~ &(1/f2,{) DATED: iYJ.JW ~r Iq,qq
LETTER FROM fr DATED: ~
( ) OTHER (please list):
ffi3 [E ~ [E ~ \Yl ~ [D)
MAY 14 1999
Town of Wappinger Zoning Board of Appeals
Area Variance A plication
Appeal No. ~DI"<I'ff-1i)/7
Page 4
l.ONING ADMINISTRATOR
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 F APPLICATION
DATED: 6'//'..7
SIGNATURE
ppellant) IJ.t.V/~8/a::1S
SIGNATURE
DATED:
(If more than one Appellant)
................ .............................. ............................. ...... ....................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL / ~) WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES / ~) NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES.
2. THERE ( ) IS (ARE) / (xX IS (ARE) NO OTHER FEASIBLE METHODS
A V AILABLE FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER
THAN THE REQUESTED V ARIANCE(S).
3. THE REQUESTED AREA V ARIANCE(S) (~~ (ARE) / ( ) IS (ARE) NOT
SUBSTANTIAL. for the requested size of the pylon, but the request for
one additional illuminated sign is not substantial.
4. THE PROPOSED V ARIANCE(S) ( ) WILL / Qcx) WILL NOT HAVE AN ADVERSE
EFFECT OR IMP ACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT.
5. THE ALLEGED DIFFICULTY Qcx) IS / ( ) IS NOT SELF-CREATED.
Town of\Vappinger Zoning Board of Appeals
Area Variance Application
Appeal No.~f./}I>I(, ""11--'741?
Page 5
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE
BE (xJ GRANTED ( ) DENIED.
CONDITIONS/STIPULATIONS: The following conditions and/or stipulations were adopted
by resolution of the Board as part of the action stated above:
SEE ATTACHED ZBA MINUTES DATED JUNE 8. 1999. PAGES 8 & 9 FOR CONDTTTONS.
(PLEASE BE AWARE, THE VARIANCES REQUESTED IN THESE APPLICATIONS CHANGED
AFTER MUCH DISCUSSION WITH THE ZBA.)
( ) FINDINGS & FACTS ATTACHED.
DATED: June 14. 1999
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:~( !/d'r-.
. rChazrman)
PRINT: ~s-<(" if- 'R:z\-er-
SW@fN TO BET.uu.ME ON THIS
~AYOF [ ,199f
(1)JILt (l w~
(Notary Public)
NaLlyAJ~~Jt. SNOWDEN
. w........ STAm OJIMlWYORIC
NO. 14-3753190
QUALIFIED IN DUTCHESS .coUNTY
MY COMMISSION EXPIRES JAN.~ ,~d
Town of Wappinger Zoning Board of Appeals
Summarized Minutes - June 8, 1999
Page 8
adequately screened. If in the future the buffer area that is on the Knights of Columbus parcel is
eliminated, then Mobil will have to plant a buffer on their own property.
Mr. diPierno seconded the motion.
ROLL CALL:
Mr. Warren:
Mr. Fanuele:
Mr. Prager:
Aye.
Aye.
Aye.
Mr. diPierno:
Mr. Lehigh:
Aye.
Nay.
V ote: All present, except Mr. Lehigh, voted aye to grant the 13 foot rear yard variance with the
following conditions that the dumpster and the pad area where they put their mechanical equipment shall
be adequately screened. If in the future the buffer area that is on the Knights of Columbus parcel is
eliminated, then Mobil will have to plant a buffer on their own property.
Mr. Prager stated the requested variance would not be detrimental to nearby properties. No undesirable
change will occur to the character of the neighborhood. There could be an alternative method. They
could reduce the size ofthe building, but it is not practical. The variance is substantial, 52%. The
variance will not cause an adverse affect on the physical or environmental conditions of the
neighborhood. The difficulty is self-created. Those are the reasons the Board granted the variance.
-fic
Appeal No. 99-7016 - In accordance with Article IV, Section 410.12.6.2, a 25 sq. ft. monument sign is
permitted, the appellant is proposing 43.6 sq. ft., thus requiring an 18.6 sq. ft. free standing
monument sign variance.
Mr. Prager stated the applicant is no longer requesting a 43.6 sq. ft. sign. They revise their
request and are presently seeking a 65 sq. Ft. Free standing monument sign, which includes the
wall. Thus, requesting a 40 sq. Ft. Sign variance.
Mr. Fanuele added, if the Board grants the variance there should be a stipulation that the size of
the Mobil sign and the pricing sign, a total of 43.6 sq. ft., can not be altered.
Mr. Lehigh said so moved.
Mr. Warren seconded the motion.
ROLL CALL:
Mr. Warren:
Mr. Fanuele:
Mr. Prager:
Aye.
Aye.
Aye.
Mr. diPierno:
Mr. Lehigh:
Aye.
Aye.
Vote: All present voted aye to grant a 40 sq. ft. monument sign variance with the stipulation that the
Mobil sign and pricing sign (43.6 sq. ft.) can not be altered.
Mr. Prager stated the requested variance would not be detrimental to nearby properties. No undesirable
change will occur to the character of the neighborhood. There could be an alternative method, but it
would not be in the best interest of the area as far as visual.
Town of Wappinger Zoning Board of Appeals
Summarized Minutes - June 8, 1999
Page 9
Mr. Lehigh added the Board has taken into consideration the Planning Boards recommendations as listed
in their June 8th letter.
Mr. Prager stated the variance is substantial, but it will not cause an adverse affect on the physical or
environmental conditions ofthe neighborhood. The difficulty is self-created. Those are the reasons the
Board granted the variance.
?
Appeal No. 99-7017 - In accordance with Article IV, Section 410.12.6.7, one illuminated sign is
permitted, the appellant is proposing 3 illuminated signs, thus requiring 2 illumination sign variances.
Mr. Prager stated previously the applicant was seeking 3 illuminated signs whereas only 1 is permitted.
Now, they are proposing 2 illuminated signs.
Mr. Virbickas, PE, said at the recommendation of the Planning Board, they have eliminated their request
for an illuminated sign on the side of the building.
Mr. Warren made a motion to grant one additional illuminated sign. The only signs to be
illuminated are the monument sign and the sign on the front of the building.
Mr. diPierno seconded the motion.
ROLL CALL:
Mr. Warren:
Mr. Fanuele:
Mr. Prager:
Aye.
Aye.
Aye.
Mr. diPierno:
Mr. Lehigh:
Aye.
Aye.
V ote: All present voted aye to grant one additional illuminated sign. The only signs to be illuminated
are the monument sign and the sign on the front of the building.
Mr. Prager stated the requested variance would not be detrimental to nearby properties. No undesirable
change will occur to the character of the neighborhood. There is no alternative method. The variance is
not substantial. It will not cause an adverse affect on the physical or environmental conditions of the
neighborhood. The difficulty is self-created. Those are the reasons the Board granted the variance.
Mr. Fanuele added the signs can only be lit from dusk to dawn.
Mr. Romig, Esq. stated a lighting plan was submitted to the Planning Board.
Mr. diPierno made a motion to adjourn the meeting.
Mr. Warren seconded the motion.
V ote: All present voted aye.
MEETING ADJOURNED AT 8:35 PM.
Respectfully submitted,
Linda Nguyen, Secretary
Town of Wappinger Zoning Board of Appeals
,..
. ,
AREA V ARIANCE(S) APPLICATION
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
Appeal # qq,.. 701 S
Date: ,,5/~/'iq
Fee: :J.
Receipt (,11
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We) 'YrlEtr Efi6/,rIcE.JiIf')q / ~ C,
(Name,'of Appellant(s)
/2 S- ~.nJ)f6U~ Jl~V~ , B~/6" uJ ,cr tJ6&~,
(Mailing Address) ,
, of
'2t-J 74<J CJ~
(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 ARIANCE(S).
Premises located at /2oufE, . 82 i J2p~ 94
(Address of Property)
) ~ -{'JSfc-oj- 223'190.-00
(Grid Nos.)
/NJl-i!.f6CTPJ
11m
(Zoning District)
1. RECORD OWNER OF PROPERTY rJ1P8IL OIL-
322 041 LCr./5
O\VNER CONSENT: Dated: 5'119J Signature:
Printed:
2. V ARIANCE(S) REQUEST:
VARIANCE NO.1
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
LVIJfAJ 1 . ~IN ID
zs I Hill!. V/lt.il
,
/2107 ~
1'3 I vt1it IO/VC{:..
~[Q)
REQUIRED:
APPLICANT(S) CAN PROVIDE:
THUS REQUESTING:
N1 ~1999
lONING ADMINISTRATOR
Town of Wappinger Zoning Board of Appeals
Area Variance Ap lication ...-
Appeal No. - t)/~
Page 2
TO ALLOW: CO~)Tt-vcn&;..J t'~ A Ale....) CCAJI't;/\I/{AJC$ r114~
VARIANCE NO.2
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
(Indicate Article, Section, ubsection and Paragraph)
REQUIRED:
APPLICANT(S) CAN PROVIDE:
THUS REQUESTING:
TO ALLOW:
NIl'[
, N/4
f
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,
/oJ/A
,
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
DET AIL.
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$1 W4ffIJ ;(}/V~ .4
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,
B.
~~
Town of\Vappinger Zoning Board of Appeals
Area Variance Ap lication
Appeal No.- 70/:)
Page 3
C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUT IN THE ZONING
LAW? IS THE REQUESTED AREA V ARIANCE(S) SUBSTANTIAL? IF NOT,
PLEASE EXPLAIN, IN DETAIL, WHY IT IS NOT SUBSTANTIAL.
~/Jf- VA~/MC.{, ~Er;()L5TCJl If F~'.Il 4"/~#?4Tt!'I 5ZX
dr /?/E d~ V/Jt.E.JJ PUNA/a. / T ,If /\lIT 5'tJ.J'5PtNTJ.dt /IS
77If; 8rif'/7".;1!- I?IJIUJAlf$ /f //J#IL/J/.ftt v 5'1 rvA5LJ aN.
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/T 4111j) 771C 4./JTd/,^,/AJ6 /,V;I'ce-ry.
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, \VHY OR WHY NOT.
OJy/Jlf;WMtr~L- e~IVPITl(;~J J,AJ/ I.-L ~ Jr[ A~y'EJt~(, Y
III1J'ACT& 4f ~7'l>1iAI Mn;-e ~~FF jA/1t.-t ee ~. ES5' /7/4",./
~>t/d.tlr"'T c(Y\Jt)/J')4"'} c a4JE.
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICULTY SELF-CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
11 V#1l/4NC€ I> HtPLl/l!FO .$'0 77I4T Tl/8 5/7& M/tj t3e ~~;JfLP/f.P
)/vl Pi 8E7lFR. ~I C rt,CtN P417EifAJS" Jlllc 7~ 7//C' //I4tt~pv'
f)EP/lt ~r l7r/f cc~EL L~r IIAIJI. ~Pl(' ;ro J7/[: LPC4/7~AJ C1r 6n/'/J.I1IG
FJ)I!L~4!- ,(Nj) JJtI)?~~ ~/c.417~.f AI' wtftL 4f ~ ~<<471~Al
OF- m h!//7?A1(j ..nc,a17C ~J/.f"ff/'l1 j A dEA~ Y4.Pf/ v41214A1CI"' 1/.. ;/ElPlI/Hd..
4. LIST OF ATTACHMENTS (Check applicable information)
(,x) SURVEY DATED &"6.Cj7 , LAST REVISED AND
PREPARED BY C~lLOl- /WAIT 4EftlC/41IY . /J{J
(X' ) PLOT PLAN DATED f ,8, 9 J 115 .(/IfII((AV'W 0 ft (t) ft BPI! !l. D
( ) PHOTOS NAy 1 4 19 !lJJ
:7 99
( \/}) DRAWINGS DATED 2,8' 'j/ At ,/d~JJJql -ONING AD
~' . IVJINISr:
y<) LETTER OF COMMUNICATION \VHICH RESULTED IN APPLICATION TORATOf1
THE ZBA.
(e.g., recommendation from the Planning Board / Zoning Denial)
LETTER FROM ~.~'l~ '''S /JeW DATED: ~U} $; ,'fj}
LETTER FROM DATED:
( ) OTHER (please list):
~
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. VJtj-7()/S"
Page 4
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
DATED: 5'"",//fJ
SIGNATURE
DATED:
(If more than one Appellant)
.................................... .......... ........... ................... I......................... I..... ... ......
............ ................................................... ......... ......................... I............. I.....
FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL / (209 WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES / (~NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES.
2. THERE (rl IS (ARE) / ( ) IS (ARE) NO OTHER FEASIBLE METHODS
A V AILABLE FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER
THAN THE REQUESTED V ARIANCE(S). The applicant could reduce the size of the
building, but that is not practical.
3. THE REQUESTED AREA V ARIANCE(S) QCX) IS (ARE) / ( ) IS (ARE) NOT
SUBSTANTIAL. (52%)
4. THE PROPOSED V ARIANCE(S) ( ) \VILL / (209 WILL NOT HAVE AN ADVERSE
EFFECT OR IMP ACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT.
5. THE ALLEGED DIFFICULTY (~~ / ( ) IS NOT SELF-CREATED.
",
Town ofvVappinger Zoning Board of Appeals
Area Variance Ap lication
Appeal No. f-701'J-
Page 5
CONCLUSION: THEREFORE, IT WAS DETERMINED THF REQUESTED VAJUANCE
BE (~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 dum1>ster and the pad area where they put the; r meC'h;m; cal equipment
shall be adequately screened. If in the future the buffer area on the
Knights of Columbus parcel is eliminated, then Mobil will have to plant a
buffer on their own property.
(See attached ZBA Minutes dated June 8. 1999. pageR 7 & 8)
( ) FINDINGS & FACTS ATTACHED.
DATED:
June 14. 1999
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:
P
SW9fN TO BEF~ ~~ ON THIS
~DAYOF ., 199~
~ctuu L\ 0ul.""t,
(Notary Public)
Hor~Wtt~P.ST~~~N
NO. 14.3753100 WB
MY CO QUALIFIED IN DLJTC:i-II"S~ ~OUNTV
MMISSfON EXP,!r'I:":; , ~ , f9::~o
Town of Wappinger Zoning Board of Appeals
Summarized Minutes - June 8, 1999
Page 7
Mr. Prager asked if the Board or the public wanted to speak concerning this project. Hearing none;
Mr. Lehigh made a motion for a Neg. Dec.
Mr. Warren seconded the motion.
V ote: All present voted aye.
Mr. Prager logged into evidence drawings dated 2/8/99 by Tyree Engineering for Mobil Oil Corp. A letter
dated June 8, 1999, from the Planning Board.
Mr. Virbickas, PE, added the drawings were revised through 6/3/99. He stated the sign and landscaping were
changed.
Mr. Lehigh made a motion to close the public hearings.
Mr. diPierno seconded the motion.
V ote: All present voted aye.
A. Appeal No. 99-7012 - In accordance with Article IV, Section 420.2, a 75-foot front yard setback is
required for the construction of a new building, the appellant is proposing 58 feet, thus requiring a 17-
foot front yard variance.
Mr. Fanuele made a motion to grant a 17 foot front yard variance.
Mr. diPierno seconded the motion.
ROLL CALL:
Mr. Warren:
Mr. Fanuele:
Mr. Prager:
Aye.
Aye.
Aye.
Mr. diPierno:
Mr. Lehigh:
Aye.
Aye.
V ote: All present voted aye to grant a 17 foot front yard variance.
Mr. Prager stated the requested variance would not be detrimental to nearby properties. No undesirable
change will occur to the character ofthe neighborhood. There is no alternative method since they have
moved the building back as far as they can on the property. The variance is not substantial. The
variance will not cause an adverse affect on the physical or environmental conditions of the
neighborhood. The difficulty is self-created. Those are the reasons the Board granted the variance.
1
B. Appeal No. 99-7015 - In accordance with Article IV, Section 420.2, a 25-foot rear yard setback is
required for the construction of a new building, the appellant is showing 12 feet, thus requiring a 13-
foot rear yard variance.
Mr. Fanuele made a motion to grant the 13 foot rear yard variance with the following conditions
that the dumpster and the pad area where they put their mechanical equipment shall be
Town of Wappinger Zoning Board of Appeals
Summarized Minutes - June 8, 1999
Page 8
adequately screened. If in the future the buffer area that is on the Knights of Columbus parcel is
eliminated, then Mobil will have to plant a buffer on their own property.
Mr. diPierno seconded the motion.
ROLL CALL:
Mr. Warren:
Mr. Fanuele:
Mr. Prager:
Aye.
Aye.
Aye.
Mr. diPierno:
Mr. Lehigh:
Aye.
Nay.
Vote: All present, except Mr. Lehigh, voted aye to grant the 13 foot rear yard variance with the
following conditions that the dumpster and the pad area where they put their mechanical equipment shall
be adequately screened. If in the future the buffer area that is on the Knights of Columbus parcel is
eliminated, then Mobil will have to plant a buffer on their own property.
Mr. Prager stated the requested variance would not be detrimental to nearby properties. No undesirable
change will occur to the character of the neighborhood. There could be an alternative method. They
could reduce the size of the building, but it is not practical. The variance is substantial, 52%. The
variance will not cause an adverse affect on the physical or environmental conditions of the
neighborhood. The difficulty is self-created. Those are the reasons the Board granted the variance.
C. Appeal No. 99-7016 - In accordance with Article IV, Section 410.12.6.2, a 25 sq. ft. monument sign is
permitted, the appellant is proposing 43.6 sq. ft., thus requiring an 18.6 sq. ft. free standing
monument sign variance.
Mr. Prager stated the applicant is no longer requesting a 43.6 sq. ft. sign. They revise their
request and are presently seeking a 6S sq. Ft. Free standing monument sign, which includes the
wall. Thus, requesting a 40 sq. Ft. Sign variance.
Mr. Fanuele added, if the Board grants the variance there should be a stipulation that the size of
the Mobil sign and the pricing sign, a total of 43.6 sq. ft., can not be altered.
Mr. Lehigh said so moved.
Mr. Warren seconded the motion.
ROLL CALL:
Mr. Warren:
Mr. Fanuele:
Mr. Prager:
Aye.
Aye.
Aye.
Mr. diPierno:
Mr. Lehigh:
Aye.
Aye.
Vote: All present voted aye to grant a 40 sq. ft. monument sign variance with the stipulation that the
Mobil sign and pricing sign (43.6 sq. ft.) can not be altered.
Mr. Prager stated the requested variance would not be detrimental to nearby properties. No undesirable
change will occur to the character of the neighborhood. There could be an alternative method, but it
would not be in the best interest of the area as far as visual.