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1161 ,'.... IDrrtntnu' & ODrbrr , , Nnme of Applicant: Taco Bell Corp.' . Address: ]1 Eves Drive, Suite 170, Marlton, MJ 08053 Locnt:lon of Property: West side of Route 9 Nnture of Recplest: Sign Variance - Appeal 111161 Grid No.#19_6157-02-600Q71-00 Zone: Highwav Business (liB) Dnte of Advertisement: January 19, 1994 nnte of Puhlic Hearing: January 25, 1994 Plnce of 11enring: Town llall, 20 Middlebus'h Road, Wappingers Falls, New York HEHnERS PRESENT: ,Ioe 1 ~;asser Chairman ~, I chal' 1 ll1rka1a Vice,Chairman ,lames firooker Member The matter hnving duly come on to be 'heard before a duly convened meeting of t'he noord on the 25th day of January 1994 and t'he facts, matters and evidence produced hy the applicant, t'he Zoning Administrator and interested parties having heen rlu]y heard, received and considered and due deliberation having been 'had, the f ollmting are the rnmTJ1GS Of fACT: He: Taco \le]1~c. Appeal 111161 Alan Lehigh William nitterlich Hemoer Hember Thl! slIh.iect premises are located in an HB District on the w(~sterly siele of Route 9, ll'in fl!et north of tHdclleoush Road in the Town of Wappinger, New York. The suhject premi !;es :l s iI new huilding to be constructed by the Taco Be Ll, Corp., consisting of iI 70 :;eat Taco Bell Restaurant. TIle i1pplicant has requested a variance of Article lV, Secti,m 41fi.62 i1S fo110\...s: t:o erect a sign h<lving a maximum sign height of 20' instead of the permitted height of ]0' requiring a variance of 10'; said sign to contain an area of 50 srI. ft.; anel to erect the sign 10' from the property line instead of the required sethack of 25' requiring a 15' setback variance. The Zoning Boarel of Appeals has declared itself as Lead Agency and has 'declared n Negative Declaration. The Board heard testimony from Mr. Chris Richter, Engineer, Ms. E1izaheth Dolan of Atlantic Traffic Consll1tants and Mr. Jim Sparkes, Attorney for the applicant. Testimony from"these expert witnesses'stated that traffic patterns along Route 9, together with the distance of the premises from Route 9, tIle speed of the vehicles along Route 9 and the configuration of the site plan mandated that val"iances he granted for puhlic safety. (Continued on attached page). 'l'IffiREFORF.,hased upon the finding of fact, it is hereby ORDERED, thnt the application or nppeal be and the same is hereby granted as follows: Thill: the seth<lck variance he granted until such a time as Route 9 is ,,,idened; that the sl gn area var Lance he granted at ~ maximum of 32 square feet sole'.' to the Tnco' Bell Restaur<lnt and not ~o any other business; that the (continued on attached page). The decision of the Zoning Administrator is herehy reversed. * Zoning STATE OF HEH YOllK,,' COln~TY OF DUTCHESS ss: , On the '3\ ~J day of' . \. Ct~1 l,qqcJ before me personally., ame Joel' Sasser, Cha:lrmnn: of the' 2oninp,l oard of ~ppeals of the Town of Wapp'. ngers Falls, N. Y. known liS the ,indjvidu~.l described in, andwho e~~C\lted the foregoing statements, llclcnow1edged" that' he executed the Jl.~me'=a~ ," , ELAINE H. S~IOV!DEN ---;. ) , ~' ~---..\ ., NOT,\!t'{ rUll,Lle. 5TA;.~ ~;111~','/ YOnK. ~ ('- 0 , r.o,14-3LJI.J \{(lULt _- ::z_J~ cf\?orC ('/ , , Q~,~lIFIED IN lJIJTCll~S~ CCU;I1Y ,4' ~ Notary filer.~, .:J~ffice of th. e Td~ilI.!~1~1~rIR~U~~et'{;<1Fa1J..S'. Y. on ./ _ dny of \~~h.1 iN If // r \ C'" ( j l;:: / 0 ~ Il ~ k\ ~ ) c( (11-" ( Of I , T WN CLERK Dated, Wappjngers falls, N. Y. this 2Rth day of January 199/, to me and ~ TOWN OF WAPPINGER P.O. Box 324 20 Middlebush Road Wappingers Falls, rJ'! :~SQC-O:l24 ~"'AP -,-, - ~ ~~/A:: . ...:li.. 0 ~ " ,,-,,-",,, ~ ;[:.N'f":~," - ~,~~' . 5/ -' - .~..~ ~-r-'- - i'~">: 0,.- f!~~'-)~' c:..... ~__ /.)..' ,.,~ /.L C\~'~'_' -~ ~~SS - co\) ZONING BOARD OF APPEALS Applicant: Appeal 1.1: Page II: Taco Bell Corp. 1161 2 FINDINGS OF FACT (Continued): Expert testimony clearly stated that the sign needed to be a larger size than the ordinance allowed to provide for quick recogniti~n and vision by vehicles traveling at a high rate of speed and at the distance between the proposed location and the travel lanes of Route 9. Expert testimony stated that federal guidelines suggest a clearance of seven feet from the bottom of a free-standing sign to the ground to allow for unobstructed vision. Expert testimony showed that placement of the sign in the only portion of the property that wOllld allow it to be placed without a variance would put it in a confusing, not easily seen location away from the entrance possibly causing confusion and leading to a dangerous situation for drivers. 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 th~t there were other feasible methods to obtain the benefit sought and that such benefit cOllld be obtained by a moderation of the height portion of the variance and the ar~a portion of the variance and that the safety benefit could be obtained with a modification of the variance. It was determined that the setback portion of the variance had no other feasible method as the only other portion of the property would place the sign in a confusing area out of the direct line of site and away from the entrance possibly creating a danger to traffic. The board determined that the area portion of the variance was substantial in a doubling of the allowable square feet and that th~ height portion and the setback portion was substantial but that the benefit sOllght could be obtained by reducing the area portion, the height portion but not the setback portion. The board determined that there would be no adverse effects on the physical and/or environmental conditions of the neighborhood. The only portion of the variance that could be considered self created was the setback portion. APPEAL TO !1E GRANTED (Continued): * sir,n hci;;hr he limited to a maximum of 12 feet one inch and be granted soley to 1:111! '\'.1 C 0 1\ I' I I H L' S 1:; \11 r ; \ n I: . ZONING BOARD OF APPEALS Wappingers Falls, New York 12590 irrisinn & {@rbrr Name of Applicant: Taco Bell Corp. Address: 11 Eves Drive, Suite 170, MarItan, MJ 08053 Grid No.#19-6157-02-600971-00 Location of Property: West side of Route 9 Zone: Highway Business (HB) Nature of Request: Sign Variance - Appeal #1161 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 Inc. Appeal #1161 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 Article IV, Section 416.62 as follows: ~o erect a sign having a maximum sign height of 20' instead of the permitted height of 10' requiring a variance of 10'; said sign to contain an area of 50 sq. ft.; and to erect the sign 10' from the property line instead of the required setback of 25' requiring a 15' setback variance. The Zoning Board of Appeals has declared itself as Lead Agency and has 'declared a Negative Declaration. 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 traffic patterns along Route 9, together with the distance of the premises from Route 9, the speed of the vehicles along Route 9 and the configuration of the site plan mandated that variances be granted for public safety. (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 as follows: * That the setback variance be granted until such a time as Route 9 is widened; that the sign area variance be granted at a maximum of 32 square feet soley to the Taco' Bell Restaurant and not ~o any other business; that the (continued on attached page). The decision of the Zoning Administrator is hereby reversed. Dated, Wappingers Falls, N.Y. this 28th day of January 1994 Zoning STATE OF NEW YORK, 'CO~OF DUTCHESS ss: , On the 31~. day of' .', l.qqcj before me personally. me Joel' Sasser, Chairman."of the"Zoning oard of ~ppeals of the Town of Wapp ngers Falls, N. Y. known as the individu?~ described in andwho executed the foregoing statements, acknowledged"'that .' he executed the jl_l:lme~ ," - ELAINE H. SNOWDEN Q' , ~ " NOTARY PUBIJC, STAT;:; 0:' w.;',v YOU n NO. 14-37531:0 :U.1J.. _ _Lbrt;;;:tPA~ . '. QUALIFIED IN OtJTCH~S::; cou:m ,,(fU. ~. Notary of the TcMl-RO~miX!'IR~l/IplJge~al-&,.. Y. Of~tL(qq'{ 1\ C\ v - . (J.1J~ WT~~E1it to me and Filed, Office on ~ I oj day ../ .. TOWN OF WAPPINGER P.O. Box 324 20 Middlebush Road Wappingers Falls, NY 12590-0324 ~ WAPp, ~o..._" . 1-'" ~~. ., '.. ,~':-;; . . '. 'iI. ~ " .,~ o ~. ,.. . > ~~, o c.~T1I'" ~ C '" .,A -~ ~, C'.~ ~" /y~SS CO~ ZONING BOARD OF APPEALS Applicant: Appeal II: Page II: Taco Bell Corp. 1161 2 FINDINGS OF FACT (Continued): Expert testimony clearly stated that the sign needed to be a larger size than the ordinance allowed to provide for quick recognition and vision by vehicles traveling at a high rate of speed and at the distance between the proposed location and the travel lanes of Route 9. Expert testimony stated that federal guidelines suggest a clearance of seven feet from the bottom of a free-standing sign to the ground to allow for unobstructed vision. Expert testimony showed that placement of the sign in the only portion of the property that would allow it to be placed without a variance would put it in a confusing, not easily seen location away from the entrance possibly causing confusion and leading to a dangerous situation for drivers. 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 other feasible methods to obtain the benefit sought and that such benefit could be obtained by a moderation of the height portion of the variance and the area portion of the variance and that the safety benefit could be obtained with a modification of the variance. It was determined that the setback portion of the variance had no other feasible method as the only other portion of the property would place the sign in a confusing area out of the direct line of site and away from the entrance possibly creating a danger to traffic. The board determined that the area portion of the variance was substantial in a doubling of the allowable square feet and that the height portion and the setback portion was substantial but that the benefit sought could be obtained by reducing the area portion, the height portion but not the setback portion. The board determined that there would be no adverse effects on the physical and/or environmental conditions of the neighborhood. The only portion of the variance that could be considered self created was the setback portion. * APPEAL TO BE GRANTED (Continued): sign height be limited to a maximum of 12 feet one inch and be granted soley to the Taco Bell Restaurant.