1223
APPEAL Jl..CTION
REFERl':NCE:
Appeal No.
1223
Application Date:
06/04/96
Filing Date:
06/26/96
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 06/25/96, the referenced
appeal was considered and the action indicated below was taken on your
request for an area variance to the Town of Wappinger Zoning Law.
Appeal :;:; 1223 - At the request of pie shaped Develonment Corn. \I-1ho is
seeking a variance of Article IV, Section 470.3.3.2, where you are
required to maintain 10% of the area within the inside perimeter of
the parking surface of the "parking area" to be curbed and landscaped
wlth Lrees, shrubs and other plant material and you are showing 1.5%,
thus requiring a 8.5% landscaping variance to construct and operate
Lhe outback Steakhouse Restaurant on property located at 1261 Route 9
and is identified as Tax Grid #19-6158-04-623038-00 &
#19-6158-04-665003-00 in the Town of Wappinger.
PLEASE TAKE FURTHER NOTICE, the planning Board has declared itself
Lead Agency and has made a Negative Declaration of Significance for
this project on May 20, 1996.
Mr. Lehigh made the motion to grant the variance for the following
l-eaSC>ll~~ ~
4 .
5.
The requested variance would not be detrimental to nearny
properties.
The requested variance would not change the character of the
neighborhood.
There are no alternatives (feasible) methods to achieve the
benefit sought.
The requested variance is not substantial.
The requested variance will not cause adverse effects on the
physical and/or environmental conditions in the neighborhood or
distl-ict.
The difficulty is not lfself-createdlf. Mr. Lehigh stated he felt
the landscaping problem was created by the lot.
...,
L.. ~
.) .
o.
Mr. Warren seconded the motion.
Roll Call:
Ivlr. Prager:
tvtr. Fanuele:
Mr. "Jarren:
Aye.
Nay.
Aye.
Mr. Lehigh:
Hr. diPierno:
Aye.
Aye.
..
Pie
Re:
.
The motion was carried.
Appeal Action
Shaped Development Corp.
outback steakhouse Restaurant
Appeal #1223
Page 2
CONCLUSION: Therefore, it was determined that the requested variances be
granted.
Sworn to befol,e me on this
...2v"M day ofo/-.,~<2 1996
~~jc- -m ~
Notary Public
,tJ;\lllJl. \\;1. Lit !Cr.1
Nowt rii~;::G. ~tate of NewVortc
Nc.23oll)1
C!ua!ir;8c in Dutchess Coun~>r7
Commission Expires 1f)/31/19~
M-. Joseph Howard prage
oning Board of Appeals
Town of Wappinger
Chairman