7-Eleven
Town of Wappinger
ZONING BOARD OF APPEALS
Wappingers Falls, New York 12590
1Drrtainn
& OOrbrr
Name of Applicant: 7-ELEVEN STORES/NORTHEAST DIVISION
Address: 732 Smithtown Bypass, Smithtown, N.Y. 17787 Grid No.if6I57-02 614569
Location of Property: Rte. 9 & Old Hopewell Rd., W.F. Zone: HB
Nature of Request: Seeking variance deom Art. IV, Sect.4I6.62 of the Town of Wappinger
Zoning Law/Sign Law where you are required to maintain 25 sq. ft. of signage and you are
showing 49.8 sq. ft. requiring a 24.8 sq. ft. for variance. You are also requesting to
raise a sign 20 ft. where you are only allowed 10 ft. in hgt. requiring a 10 ft. variance
Date.of Advertisement: May II, 1994
Date of Public Hearing: May 24, 1994
Place of Hearing: Town Hall, 20 Middlebush Road, Wappingers Falls, New York
MEMBERS PRESENT:
Joel Sasser Chairman
MichaelHirkalaVice Chairman
Alan Lehigh Member
The matter having duly come on to be heard before a duly convened meeting of the
Board on the 24th day of May, 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:
William Bitterlich
Howard Prager
Member
Member
The appellant has requested a variance to erect a sign conta1n1ng the name of the
business and the price of gasoline offered for sale. The request is to allow a sign
that is 24.8 square feet larger than the ordinance allowed and is 20 ~ feet higher
than the ordinance allows.
By resolution of the Board it was determined that:
(a) There will be a detriment to nearby properties in that the area is a
congested area, with gasoline sales numbers and other signage for the business
clearly visible to all adjacent roadways and that the larger sign will be more
visible.
(b) There is an alternative method to achieve the benefit sought by the
applicant in that, the existing sign height and the appellant has achieved that
benefit partially by erecting a new canopy displayin& the gasoline seller's name
and that prices of gasoline may be displayed on the pumps themselves.
(c) The variance is substantial in that it is almost a 50% increase.
(d) The variance will cause adverse effects on the physical conditions in the
neighborhood by increasing signage at a congested, heavily traveled four lane
divided highway where it intersects with a major two lane roadway and in proximity
THEREFORE,based upon the finding of fact. it is hereby ORDERED, that the
application or appeal be and the same is hereby Denied
The decision of the Zoning Administrator is hereby Upheld
Zoning Administrator
STATE OF NEW YORK", COUNTY OF DUTCHESS .ss: ,
On the .$(sr day of~#J /9/76 before me personally. a e~~ ~.5c~
Chairman."of the-Zoning Board of Appeals of the Town of Wappingers Falls, N. Y. to me
known a5 the. individua.l descrihed in andwho executed the foregoing Lte ents, and
acknowledged that' he executed the same. , ,
, . 1i0.:) r A,iCE c. SIUT/4 ~ tf} l
'OTARYPUBlIC,STATEo"nnnORK ~ .. ~
...Il181 DUTCHEsS COUNTY ,~ N /
OOllllllllGI ElP.~ _ <;>.> ~ otory
Filed, Office Of~"tn.E ~wn 1f:-W~ingers Fal N. .:: .
on .&- JT day of ~ y. y \-\~
U .A~1r
T WN CLERK
Dated, Wappingers Falls, N. Y.
this .31 s'1' day of~'7 /If~
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to several other businesses. It is the ZBA's opinion that enlarging the sign could
create driver confusion.
(e) The difficulty is self-created in that the current signs clearly show the
name of the business and the price of gasoline.