1164
ZONING BOARD OF APPEALS
Wappingers Falls, New York 12590
ir risinl1
Name of Applicant: Taco Bell Corp.
Address: 11 Eves Drive, Suite 170, Marlton,
Location of Property: West side of Route 9
Nature of Request: Light Spillage Variance
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MJ 08053
Grid No.#19-6157-02-600971-00
Zone: Highway Business (HB)
Date of Advertisement: January 19, 1994
Date of Public Hearing: January 25, 1994
Place of Hearing: Town Hall, 20 Middlebush Road, Wappingers Falls, New York
MEMBERS PRESENT:
Joel Sasser Chairman
Michael Hirkala Vice'Chairman
James Brooker Member
The matter having duly come on to be heard before a duly convened meeting of the
Board on'the 25th day of January 1994 and the facts, matters and evidence
produced by the applicant, the Zoning Administrator and interested parties having
been duly heard, received and considered and due deliberation having been had, the
following are the
FINDINGS OF FACT:
Re: Taco Bell Corp. Appeal #1164
Alan Lehigh
William Bitterlich
Member
Member
The subject premises are located in an HB District on the westerly side of Route 9,
450 feet north of Middlebush Road in the Town of Wappinger, New York. The subject
premises is a new building to be constructed by the Taco Bell, Corp., consisting
of a 70 seat Taco Bell Restaurant.
The applicant has requested a variance of Aritcle IV, Section 415.11 as follows:
to allow an exterior light to situate near the northerly curb line of th~
exit ramp !n accordance with landscaping and lighting plan dated October
7, 1992 and revised on December 1, 1993 as prepared by Bohler Engineering,
Inc., and to allow light spillage over the property line.
The Zoning Board of Appeals has declared itself as Lead Agency and has 'declared
a Negative Decla~ation.
The Board heard testimony from Mr. Chris Richter, Engineer, Ms. Elizabeth Dolan
of Atlantic Traffic Consultants and Mr. Jim Sparkes, Attorney for the applicant.
Testimony from-these expert witnesses, stated that the streetlight spillage would
occur only onto an existing right-of-way.
Expert testimony clearly stated that the spillage would be (Continued on attached page).
THEREFORE,based upon the finding of fact, it is hereby ORDERED, that the
application or appeal be and the same is hereby granted.
,
The decision of the Zoning Administrator is hereby reversed.
Dated, Wappingers Falls, N.Y.
this 28th day of January 1994
Zoning
STATE OFN9 YORK"'C~TY OF DUTCHESS ss:
On the 3/- day of" ltiq'c( before me personally, me Joe-I' ,Sasser.
Chairman: of the-Zonin Board of Appeals of the Town of Wappingers Falls, N. Y.
known as the individu?~ described in,andwho executed the foregoing statements,
acknowledged"'that " he executed t.he same. ~ ,.-....,.
.. . ELAINE H. SNOWDEN U ~
NO'1'ARY PlT.e~c. STA:'l:: C;:;' NEW YOIUt . n
. NO. 14-37531~3 ru.t U _ _ /'l-JrXe L '
. Ql!ALlFlEO IN D!JTCJ:~;;;;CCU:11Y J/.fY.. Notary
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to me
and
Filed, Office of
on 31 ftA day of
TOWN OF WAPPINGER
P.O. Box 324
20 Middlebush Road
Wappingers Falls, NY 12590-0324
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ZONING BOARD OF APPEALS
Applicant:
Appeal II:
Page II:
Taco Bell Corp.
1164
2
FINDINGS OF FACT (Continued):
minimal as the fixture is boxed and covered by a grid and that no glare would be
created to traffic along Route 9 and that the light spillage would further illuminate
the driveway of the subject premises and promote safety and clearer vision to drivers
in the area.
The board determined that as a result of the property being surrounded by commercial
establishments, there would be no detriment to nearby properties and no undesirable
change in the character of the neighborhood. After testimony it was the boards
opinion that there were no other feasible methods to obtain the benefit sought, that
the need for the variance was self created but not substantial and that no adverse
effects on the physical or environmental conditions in the neighborhood would occur.
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