Cappellitti
, Town of Wappinger
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ZONING BOARD OF APPEALS
Wappingers Falls, New York 12590
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Name of Applicant: Vincent Cappellitti
Address: 37 Hillside Trail, Mahopac, N.Y. 10541
Location of Property: Maloney Road & Route 376
Nature of Request: Variance of Article IV Section
And Section 444.1. 444.6 Where you are required to maintain a 2500 foot separation
between gasoline filling stations, 444.1 where you are required to maintain 1000 feet
between driveways and residential boundary.
Date of Advertisement: September 30, 1992 - Southern Dutchess News
Date of Public Hearing: October 13, 1992
Place of Hearing: Town Hall, 20 Middlebush Road, Wappingers Falls, New York
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Grid No.# 6259-02-560850
Zone: NB
444.6
MEMBERS PRESENT:
Joel Sasser Chairman
Michael Hirkala Vice. Chairman
Alan Lehigh Member
The matter having duly come on to be heard before a duly convened meeting of the
Board on' the 13th day of October, 1992 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
James Brooker
Member
Member
The subject premises is an undeveloped parcel of land, containi~g appro~mately .9362
acres and is located in the NB district. It is bordered on the north side by a high
I
dinsity multi family residential apartment complex and on the southeast by an ~xisting
operating gasoline filling station. The proposed driveway is less then 165 feet from the
boundary of a residential district. A site inspection by Zoning A~ministrator Herb
Levenson and Zoning Board of Appeals Chairman Joel Sasser revealed that the town road,
Maloney Road, adjacent to the property and the roadway which the' proposed driveway
intersects with is a small, winding two lane road with substantial traffic.
The applicant requested two variances of the 'Town of Wappinger Zoning Law for the'purpose
of constructing a cbnvenience store with gasoline filling station on the subject premises.
The applicant sought a variance of Article IV Section 444.6 of the Town of Wappinger
Zoning Law which requires a 2500 foot separation between gasoline filIng stations where
the applicant showed 200 feet and a variance of Article IV Section 444.~ requiring a
1000 foot between. driveways and residential boundary lines where the applicant showed 165
feet.
The Board determined that an undesirabl~ change will be produced in the character of the
neighborhood due to the close proximity of the gasoline filling station to a large
residential district on the. north side of the subject premises. The station would be
highly visible to the residential district and said residential district would be
affected by fumes, additional traffic, lighting and noise;
CONTINUED ON NEXT PAGE
THEREFORE,based upon the finding of fact, it is hereby ORDERED, that the
application or appeal be and the same is hereby DENIED
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TOWN OF WAPPINGER
P.O. Box 324
20 Middlebush Road
Wappingers Falls, NY 12590-0324
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ZONING BOARD OF APPEALS
DECISION & ORDER
Vincent Cappellitti
Page 2.
That the variance is substantial in that the applicant is seeking a 2300 foot variance
of Article IV Section 444.6 and a variance of 835 foot variance of Article IV Section
444.1;
That an adverse effect and impact on the physical conditions of the neighborhood will
occur due to increased traffic onto Maloney Road and the close proximity of the proposed
development to a residential multi family apartment complex containing several hundred
apartments, and the neighborhood if two gasoline filling stations exist in such close
proximity to each other as both an aesthetic and safety concern to the neighborhood as
a result of increased traffic, fumes, spills, noise and appearance;
That the difficulty is self created.
The Board did not determine that the benefit sought could be achieved in a manner other
than a variance.
In accordance with SEQRA requirements the ZBA unanimously declared a determination of
Negative significance for the decision herein rendered.
THEREFORE, based upon the finding of fact it is herby ORDERED, that the application or
appeal be and the same is hereby DENIED.
The decision of the Zoning Administrator is hereby UPHELD.
Dated, Wappinger Fal~~ .
this /3 lX- day of ~ l; ) f'r ,2
STATE OF NEW YPRK, COUN OF DUTCHESS ss: J ~ G
On the J 9 'f'1 day of ()~ '9.:1 before me personally came o-eJ). ~
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Chairman of the Zoning Board of Appeals of the Town of Wappinge~ U~~~. to me
known as the individual described in and who executed the ~~~~~s, and
acknowledged that he executed the same. ~ I ~oua~~~~~~~~
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~tary 7.11 () . .
Filed, Office of the Town Clerk, Wappinger Falls, Y. Of\~ day of OcJ'aOe(I' (tiCf:J..
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TOWN CLERK