1217
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RECE~VED
APPEAL ACTION
MAY 2 9 1996
Appeal No. 1217
Application Date: OS/21/96
ELAINE SNOWDEN
TOWN CLERK
Filing Date: OS/29/96
REFERENCE:
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF WAPPINGER. N.Y.
TO: pie Shaped Development Corp., Appellant
1261 Route 9, Wappinger Falls, NY 12590
Re: Outback Steakhouse Restaurant
Tax Grid #19-6158-04-623038-00 & 19-6158-04-665003-00
At the meeting of the Zoning Board of Appeals on OS/28/96, the referenced
appeal was considered and the action indicated below was taken on your
request for area variances to the Town of wappinger Zoning Law.
By resolution of the Board, it was determined that:
1. There is not sufficient acreage available to the Appellant to
satisfy the lot area requirement of 10 acres.
The Appellant can provide 3.669 acres, which the Board feels is
sufficient, thus requiring a 6.331 lot area variance.
2. There is not sufficient frontage available to the Appellant to
satisfy the 300 foot frontage requirement.
The Appellant can provide 284.52 foot frontage, which the Board
reels is sufficient, thus requiring a 15.48 foot frontage variance.
J
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There is not sufficient area available to the Appellant to satisfy
the side-yard setback requirement of 50 feet.
The Appellant can provide a 10 foot side-yard, which the Board feels
is sufficient, thus requiring a 40 foot side-yard variance.
FINDINGS OF FACTS:
It was rurther determined that:
The Appellants property in its entirety falls into the Shopping Center
district classification.
The size of the property is 3.669 acres.
The owner of the property is Mr. William Greer and was purchased in
1988-1989.
The Appellant has produced architects drawings of the site and proposed
restaurant.
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DECISION & ORDER
Pie Shaped Development Corp.
Page 2
FINDINGS OF FACTS CONTINUED:
The Town of Wappinger Zoning Board of Appeals has received a letter from
the Town of Wappinger Planning Board unanimously voting to recommend the
three variances. (See letter from Town of Wappinger Planning Board, dated
Hay 8, 1996.)
A letter was received from Dutchess County Dept. of Planning and
Development, suggesting the owner hold a meeting with the adjoining
property owner to allow a driveway connection and shared parking with the
adjacent shopping center to the south. And also to rely upon its own
study of facts in this case. (See Dutchess County Dept. of Planning and
Development letter, dated May 17, 1996.)
Motion to grant the variances for the following reasons:
1. The variances will not be detrimental to nearby properties since
there are other restaurants and businesses in the area.
2. The variances will not produce an undesirable change to the
character of the neighborhood since this is a Shopping Center
zoned district and there are similar establishments in the
vicinity.
3. The variances are substantial in so far as 10 acres are required
and there are only 3.669 acres. Also a 50 foot side-yard is
required and there is only 10 showing on the north side. The
frontage requirement is minimal in so far as 300 feet are
required and there are 284.52 showing.
4.
The variances will not cause adverse effects on the
and/or environmental conditions in the neighborhood
and sewer will corne from the Village of Wappinger.
restaurant will only be open for dinner, which will
amount of traffic down during the day.
physical
since water
The
keep the
5. The difficulty is not "self-created" since the Appellant can not
change the shape of the property.
Mr. Lehigh made the motion to grant the variances.
Mr. diPierno seconded the motion.
ROLL CALL
Vote:
Mr. Prager:
Mr. Fanuele:
Mr. Warren:
Aye.
Nay.
Aye.
Mr. Lehigh:
Mr. diPierno:
Aye.
Aye.
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DECISION & ORDER
Pie Shaped Development Corp.
Page 3
CONCLUSION: Therefore, it was determined that the requested variances be
granted, and that the previous decision of the Enforcement~o~er be
reversed. ~
~r.. Joseph Howard prage , Chairman
ning Board of Appeals
Town of Wappinger
Sworn to before me on this
,j.'l<#> day of '-fJ/~ t 1996
~dO-- II? ~.
Notary Public
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