1164 (2)
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Nnme of Applicant: Taco Bell Corp. . I
Address: II Eves Drive, Suite 170, Marlton, MJ 08053
Locntton of Property: West side of Route 9
Nnture of Request: Light Spillage Variance
Grid No.#19-61S7-02-600971-00
Zone: Highway Business (HB)
nnte of Advertisement: January 19, 1994
nnte of Puhlic Hearing: January 25, 1994
Plnce of lIenrtng: Town lIa11, 20 Midd1ehush Road, '~appinger6 Falls, New York
HnmERS PRESENT:
Joel Sasser Chairman
M Lchael lIirkala Vice' 'Chairman
Jnmes 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 fncts, matters and evidence
produced hy the applicant, the Zoning Administrator Bnd interested parties having
heen dIlly heard, received Bnd considered and due deliberBtinn having been had, the
following are the
FINDINGS OF FACT:
He: Taco Bell Corp. Appeal #1164
Alan Lehigh
William Bitterlich
Memher
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 Sl~ject
premises is a new bllilding to be constructed by the Taco Bell, Corp., consisting
of a 70 seat Taco Bell Restaurant.
TIle applicant has requested a variance of Aritcle IV, Section 415.11 as follows:
to allow an exterior light to situate near the northerly cllrb line of th~
exit ramp !n accordance with landscaping and lighting plan dated October
7, ]992 and revised on December I, 1993 as prepared by Bohler Engineering,
Tnc., and to allow light spillage over the property line.
TIle Zoning Board of Appeals has declared itself as Lead Agency and has 'declared
a Negative neclat~tion.
The Boarel heard testimony from Mr. Chris Richter, Engineer, Ms. Elizaheth Dolan
of Atlantic Traffic Consultants and Mr. Jim Sparkes, Attorney for the applicant.
Testl.mony from- these expert witnesses. stated that the streetlight spillage \'JOuld
occur only onto an existing right-of-way.
Expert testimony clearly stated that the spillage would be (Conti llued on attached png
TITP.REFORE,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 199/.
Fj]ed, Office of
on ,~I ',I I c1ny of
Zoning
STATE OF NEJ~ YORK" . COUNTY OF DUTCHESS 55:
On the 3/.'!:' clay of' '~.-:e(.., Iqqi...( before me personally. me Joel' ,Sasser,
Chnirmnn: of the- Zonin~ noard of Appeals of the Town of Wappingers Falls, N. Y.
Imown as the fndividua,l described in andwho ex.~~ted the foregoing statements,
nclcnoHleclged' that he executed the same. "- .,,)
E~/\~ME H. S'IO\',If)En --"'C.' , ~ ~ (~
NOT.tili' f U'::LIC. "fA'; ; (;,7 I :"'~ "ome ~- .. ../(: '" (l
. rm:J'1-37';~j:J -, ,nr'/(\ _ ~'__)l(f1.,'("\(I_
~ 1~~~'.~lIFE,D 1:lp:!TC:..~: Cr.U:.1\ 51-'11... . Notary
the T~hffi.It'Gl'f!.lfl\('fo'~alp.ping~'J[.!i Falls, "N. Y.
(.)('ll.' (t(,/I/ '//(') ~ I \ (~.'
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TOWN CLERK
to me
and
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TOWN OF WAPPINGER
P.O. Box 324
20 MirlnlehlJsh Roan
Wappinoers 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 illuminnte
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.