1148
, . Town of Wappinger
ZONING BOARD OF APPEALS R
lIappingers Falls, New York 12590 CCEI VED
HAR 1 , 1993
. mtri~~nn' &: ~r1rtr E~~~SNQWDEN
Name' of Applicant: The Alpine Company of Poughkeepsie, Inc. CLERK
Address: 1357 Route 9, Wappingers Falls, N.Y. 12590 Grid No.# 19-6157-02~707773
Location of Property: 1357 Route 9, Wappingers Falls,NYZone:' SC
Nature of Request:
SEE ATTACHED SHEET FOR VARIANCE REQUEST
Date of Advertisement: 3/3/93
Date of Public Hearing: 3/9/93
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 9th day of March 1993. 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: Alpine Appeal #1148 - B. J. Signs
Alan Lehigh
William Bitterlich
Member
Member
I
The subject premises are located in the SC District, on the easterly ~ide of Rou~e 9,
between Old Hopewell Road and Myers Corners Road in the Town of Wappinger, New York
designated as 1357 Route 9, Wappingers Falls, New York. The subje~t premises is a new
building being constructed by Alpine Company of Poughkeepsie to house B. J. 's Wholesale
Club which will include a B. J.'s Tire Center as part of the premi~es. 'Premises is one
building within a shopping plaza known as Alpine Commons. The applicant has applied to
install two signs on the fate of the building (A) B. J. 's Wholesale Club, 7" x 45',
totaling 315 square feet and (B) B. J. IS Tire Center, 4' x 271 6", totalinq 110 square
feet. That the appltcation of Article IV, Section 416.64 of theTown of Wappinger Zoning
Law allows a total of 100 square feet. Applicant was denied and is seeking a variance of
425 square feet. The applicant has applied for a second variance of Article IV, Section
416.615 regarding dimensions of the signs whereas, (A) B. J.ls Wholesale Club sign is
proposed at 7' where 31 width is allowed, requiring a 4' variance and (B)' B. J.'s Tire
Center is proposed'~t 4' wide where 31 is allowed, requiring a I' variance. The
applicant was denied and is seeking a 4' and 11 varianc~ respectively.
The Board heard testimony from, Edw. Kellogg of Alpine Companies of Poughkeepsie and from
Owen Tegen. a si~n contracto~ who installs all of B. J.ts Wholesale Club signs nationally.
That the signs are not visible from Route 9 or other areas excepting the rear portions of
,other commercial properties and no undesirable change ~ill be produced in the character
THEREFORE,based upon the finding of fact, it is hereby ORDERED, that the
application or appeal be and the same is hereby GRANTED
(Over)
,
The decision of the Zoning Administrator is hereby REVERSED
Dated, Wappingers Falls, N.'Y.
this 11th day of MARCH 1993
~'~' ,
,J-:r f.~
ZONING' D. S ,ATOR '
STATE OF 'NEW YORK', . COUNTY OF DUTCHESS ss: .
On the IHtJ.-.day of'. MARCH 199.3 before me personall c me MR;' JOEL SASSER
Chairman:of the'Zoning Board of Appeals of the Town ,of Wap gers Falls, N. Y. to me
known as the individual described in.andwho executed the f egoing statements, and
aCknOWledged"'t~a.t" " he executed the same. I.'~'.."~ ...... 14'
" P.GAllWHVTE' f\ :/:)r# ~) "L
, NotarY P.ublic. State of New Yortc ".. ~ ~ j>Z/
, . " QuaIifi8d in Dutchess County '7, Notary
Filed'Offi~.. . ~\ftiringers Fall:2Q Y. .. ,', ,
on /;771 d~B'Tfr()-ljrJ' r-' ~' <:::::'. {)
~ __,~~OAA
rYf.'Tl'T """"T ~r-. T~
...
of the neighborhood or a detriment to nearby properties by the granting of this variance.
That since the sign cannot be observed from Route 9 and is not seen until customers enter the
parking lot of th,e plaza and tnat quick location and i'dentification are benefici,al in
promoting driving safety that the be'nefit cannot be obtained by any other feasiB.le method
other than a variance. TIlat the vari'ance is minimal in nature and affects. no othe.r properti,es.
That the, di fffculty was not sel f created and is created oy tne topography of the 1 and and the
1 o c.at'H'on' of the buil dtng as a result of that topography.
.~
The Zoning Board of Appeals has declared themselves Lead Agency, and has declared a Negative
Declaration be adopted since tt appears that there will be no significant impacts on the
environment.
1I ..,;:,:'1
"
*":\'~~.t"~':1 'l.~' 'I't~'i"1h".
~ .AP~EAL #1148 - AT THE REQUEST OF THE ALPINE COMPANY OF POUGHKEEPSIE
SEEKING A VARIANCE OF ARTICLE IV SECTION 416.614 WHEREIN THE AGGREGATE
AREA OF SUCH SIGN SHALL NOT EXCEED ONE (1) SQUARE FOOT FOR EACH LINEAR
FOOT OF RETAIL OF A BUSINESS OUTLET FACING SUCH STREET OR PARKING LOT OR
ONE HUNDRED (100) SQUARE FEET, WHICHEVER IS LESS, AND YOU ARE SHOWING FOUR
HUNDRED AND TWENTY FIVE (425) SQUARE FEET, THUS REQUIRING A THREE HUNDRED
AND TWENTY FIVE (325) FOOT VARIANCE.
A. B.J. 's WHOLE SALE CLUB
B. B.J. 's TIRE CENTER
TOTAL
7 FT. X 45 FT.
4 FT. X 27 FT. 6 IN.
315 SQUARE FEET
110 SOUARE FEET
425 SQUARE FEET
ARTICLE IV SECTION 416.615 - THE FACE OF SUCH SIGN SHALL NOT EXCEED THE
FOLLOWING WIDTH DIMENSION: TWO (2) FEET FOR UP TO TWENTY (20) LINEAR FEET
OF BUILDING FRONTAGE; THREE (3) FEET FOR ANYTHING GREATER THAN TWENTY (20)
LINEAR FEET OF BUILDING FRONTAGE, WHETHER THE SIGN IS ORIENTED EITHER
VERTICALLY OR HORIZONTALLY. THE WIDTH DIMENSION OF SUCH PROJECTION (I.E.
HEIGHT/THICKNESS, WIDTH, LENGTH).
PROPOSED
REOUIRED
VARIANCE REOUIRED
A. B.J. 's WHOLESALE CLUB
B. B.J. 's TIRE CENTER
7 FT. WIDE
4 FT. WIDE
3 FT. WIDE
3 FT. WIDE
4 FT. VARIANCE
1 FT. VARIANCE
REQUIRING A VARIANCE OF FOUR (4) FOOT HIGH ON B.J. 's WHOLESALE CLUB AND
ONE (1) FOOT HIGH VARIANCE ON B.J. 's TIRE CENTER.
THE ZONING BOARD OF APPEALS HAS DESIGNATED ITSELF LEAD AGENCY AND HAS
DECLARED A NEGATIVE DECLARATION AS THERE WILL BE NO NEGATIVE IMPACTS ON
THE ENVIRONMENT.