991
.
TOWN Of WAPPINGER
NOTICE OF APPEAL
~APpealNO' qq I
Date n ~ =TI~ l q \>1
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Appellant ffi.:5 ~~es: &c.rY ad. ~~:;:~ailing Oil> RoJrt; 9
_W/HlPINqEe5 FAU.<., }Jew Ye"Pto" Zip Code: lZS"lC> Tel.#:-
TO TIlE BOARD OF APPEALS:
I. ~V'- Ai 1.1 SSJ:>I C k:. / Cr . appeal from a decision of the Zoning Inspector. dated
hBilf/UZ. y . 19 ir7 . and do hereby apply to the Zoning Board of Appeals for: 0 A VARIANCE.}( A
SPECIAL USE PERMIT, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at ~ ~ :I:~M:::
1113 - Z A . ~/51-02-7<t,SC;; 92 . Town OfWapPinger~';;OO.,
(zoning dist.) (grid no.)
)
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED
(article. section or subsection and paragraph)
2. TYPE OF ~PEAL (Complete relevant section). *
a. A VARIANCE IS REQUESTED for the fonowing reasons:
1) Strict application of the Zoning Ordinance would produce undue hardship because:
2) The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this property
and in this district because:
3) The variance would observe the spirit of the Ordinance and would net change the character of the district
because:
b. A SPECIAL USE PER.\-IIT IS REQUESTED pursuant to article 1/2 Z , section or subsection
, paragraph of the Zoning Ordinance to permit the following use on the
above premises: \/JAec,r/OOs>/JJG, OF !4ATef.IAL.5 - /5, OOOlf BUI(.,l:>/IJ~...
c. INTERPRETATION of the Zoning Ordinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER REMARKS:
(Use extra sheets if necessary)
si~re~~f/Jbfl
· The required plan must accompany the Notice of Appeal.
APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
NOTICE IN THE LOCAL NEWSPAPER.
Town of Wappinger -
ZONING BOARD OF APPEALS
Wappingers Falls, 'New York
~pttial Jrrmit lIlsr
<"" 'J:olo.
rile 'f', , , . 991 ' ' , . , , , , '
TMf ",6256;"02-765692 '
Zone:'HB;"2A' '
of Article IV, ~422
warehousing of materials
Name of Applicant: N & S Brothers Realty Corp.
Address: Old Route 9
Location of Property: Old Route 9
Nature of Request: seeking a Special Use Permit
of the Town of Wappinger Zoning Ordinance to permit
on property located on Old Route 9.
Date of Advertisement: May 13th,
Date of Public Hearing: May,26th,
Place of Hearing: Town Hall, 20
1987
1987
Middlebush Road, wappinger Falls, New York
Southern Dutchess News
MEMBERS: PRESENT:
Mr. G. George Urciuoli
Chairman
Vice Chairman
Secretary
Mr. Michael Hirkala
Mr. Charles Cortellino
Mrs. Alberta Roe
Member
Member
MEMBER
The matter having duly come on to be heard before a duly convened meeting of
the Board on the 26th day of May, 1987and all 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 '
,PINnING OF FACT: The applicant has requested a Sp~cial Use Permit in accordance with
Article IV, ~422, ~1 in the HB-2A district wherein storage and sale of building materials,
plumbing, electrical and similar contracto~s. establishments provided any outdoor storage
is suitably screened from streets and adjoining properties in accordance to a plan approved
by the Planning Board. The site plan submitted has met all the criteria set forth in the
Special Use Permit of the ordinance of the Town of Wappinger (~430) pertaining to this
use have been met.
Therefore, based upon the above finding of facts it is ordered that the application be and
the same is hereby granted subject to:
A~egative declaration was declared by the Planning Board on June 17th, 1987.
l! All answers sta~ed in ~ngineer's report, EAF Part #3, prepared by John E. Railing,
and dated 5/20/87.
(SEE OTHER SIDE)
THEREFO~, b~sed upon the above findings of fact, it is hereby ORDEREb-tna't
the appl~cat~on or appeal be and the same is hereby GRANTED.
This Special Use Permit is granted for a periodONE years and may be renewed
every year thereafter.
Dated, . ~appingers Falls, New York, this,.,j, ~
~aJ of ~\ c; " '\
N _l ",4 f{ )GJJ--t~; CA
ZONING BOARD SECRETARY .- -;- - :! -....
STATE OF/EW Y0RK, COUNTY OF DUTCHESS s
On the J. day of ~ It?' 7 before me personally came
Chairman 'of the toning Bo~rd of Appeals of the Town of Wappinger, N. Y. to
me known as'tthe individual described, in and who executed the foregoing
instrument, and acknowledged that executed same.
J~t~'9l1VmrmNOlSS~ .I ~
lUIllO:l SS3H3lnO NI 03W1V1lO L/ .
"""'...."'~:..""AlIV"'" &A4h ~ Notary - '
. ."-A31S>f!^'dH 'S 311030
F~led ~n the Off~ce of r\e, Town Clerk, wa~' ers Falls, New York
on the ~l{~ day of \U"k{ l ~'l
Un \~. S~~Ah
Town Clerk
..
2. Approval of the Dutchess County Dept. of Health on water supply and sewage disposal
shall be obtained prior to the signing of the plat.
3. Approval of Town of Wappinger Highway Superintendent shall be obtained on entrance
and exit prior to the signing of the plat.
4. Downstream drainage fee of $ .15 a square foot for newly constructed roofed areas
and areas covered with impervious material shall be paid prior to the issuance of a
building permit.
5. An erosion control plan shall be approved by the Engineer to the Town and the
Conservation Advisory Council prior to final approval in accordance with the requirements
of the Town of Wappinger Soil Erosion & Sediment Control Ordinance.
6. An application shall be made to the Zoning Administrator for a grading permit which
shall meet the Soil Erosion & Sediment Control Ordinance requirements, including
submission of a plan showing design and materials. A month by month schedule shall be
submitted to the Zoning Administrator prior to the signing of. the plat.
7. A drainage plan shall be approved by the Engineer to the Town prior to final approval.
The Conservation Advisory Council shall be given an opportunity to review the plan.
8. A copy of the building plans shall be supplied to the Fire Prevention Bureau
for their review prior to the issuance of a building permit.
9. The Fire Prevention Bureau shall inspect the premises prior to the issuance of a
Certificate of Occupancy.
10. Any signs to be located on the premises and/or building shall comply with the
requirements of the Town of Wappinger Zoning Ordinance.
11. . Adequate screening shall be required for the refuse enclosure as determined
by the Planning Board.
12. Site lighting shall be submitted and reviewed by the Zoning Administrator prior to
final approval to insure that there will be no glare onto roadways and/or adjacent
residential areas.
13. Landscaping shall be required as determined by the Planning Board.
14. Conditions of Part #3 of E.A.F. to be met prior to issuance of a Certificate of Occupancy.
15. Subject to an annual inspection by the Zoning Administrator.
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