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TOWNOF\VAPPINGER ~
NOTICE OF APPEAL Date
Appellant ~Cq."t" ". ~"O ~ AA~ ) ~:;~a;gALL~~~t. ~'?o.JJ~OI
Zip Code: '7C,~ f Tel.#.~1\3~
TO TIlE BOARD OF APPEALS:
I, \-\e~ ~"\ \i.. _12~ c..... , appeal from a decision of the Zoning Inspector, dated
~"f ~~r '1-, 19~, and do hereby apply to the Zoning Board of Appeals for: 0 A VARIANCE, XA.
SPECIAL U~E P~o' AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at ~\..\ AC.Y.E~","~--.o
~ r\ n' ~ Q 2. (strect &. no.)
&- ~ -, O-q- i# \ -;;~ - 0&.1 ~ <<;71./. ~,~ ,TownofWappinger,N.):
(zorung dist.) (grid no.)
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1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED
(article, section or subsection and paragraph)
2. TYPE OF APPEAL (Complete relevant section). *
a. A VARIANCE IS REQUESTED for the following reasons:
1) Strict application of the Zoning Ordinance would produce undue hardship because:.,
~;-"""'..l";V' .
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 not change the character of the district
because:
b. A SPECIAL USE PERMIT IS REQUESTED pursuant to article ~ ,section or subsection
~ Z ~ , paragraph of the Zoning Ordinance to permit the following use on the
above premises: ~ 0 Te It. \J e..~ . c..(~ r c!f 0., r ~ 4 ~.e r\J' (. .p
c. INTERPRETATION of the Zoning Ordinance is requested because:
d. AGGRIEVED I?ERSON(S) an appeal is requested because:
3. OTHER REMARKS:
(Use extra sheets if necessary)
Signature
· 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.
,~ '!"Own of Wappinger .
ZONING BOARD OF APPEALS
Wappingers Falls, 'New York
~prrial Jrrmit lll.st
Name of Applicant: Herb Redl
Address: 240A North Road, Poughkeepsie, N.Y.
Location of Property: New Hackensack Road
Nature of Request: A Special' Use Permit for the purpose
of an AAMCO Transmission shop for the purpose of repairing
, ....
~ile 't', , .', . 873 '
TMfJ' '6258'-0-4-514315 .
Zone: " HB':"2A '
of construction
automobile transmissions, only.
Date of Advertisement: April' 30th, 1986 Southern Dutchess News
Date of Public Hearing: May 13th, 1986.
Place of Hearing: Town Hall, 20 Middlebush Road, Wappi~ger Falls, New York
MEMBERS: PRESENT:
Mr. G. George Urciuoli
Chairman Mr. Michael Hirkala
Vice Chairman Mr: Charles Cortellino
Secretary Mrs. Alberta Roe
Member
Member
MEMBER
The matt~r 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, rece~ved .and considered, and due deliberation having
been had, the following are~the
rINDING OF FACT: The applicant has request a Specic:il Use Permit in accordance with
Article IV, ~421, '11 in the HB-2A district wherein motor vehicle sales, repair & service
is allowed in a fully enclosed structure. ,TPe site plan submitted has met all the criteria
set forth in the Special Use Permit section of the ordinance of the Town of Wappinger (~430)
pertaining to this use have been met.
A long EAF has been submitted as per SEQRA requirements and a negative declaration was
declared by the Planning Board on April 27th, 1987.
Therefore based upon the above findings.of fact, it is hereby ordered that the application
be and the same is hereby granted for a Special Use Permit subject to:
1. The Zoning Administrator shall make an annual inspection.
2. Approval of the Dutchess County Dept. of Health on water suppl~ and sewage disposal
shall be obtained prior to final approval.
3. Approval of Dutchess County Dept. of Public Works
and exit prior to final approval.
shall be obtained on entrance
4. Downstream drainage fee of $ .15 a square foot for newly constructed roofed areas
and areas covered with impervious material shall be paid pri~r to the issuance of a
building permit.
(SEE OTHER SIDE)
THEREFORE, based upon the above findings of fact, it is hereby ORDERED-that
the application or appeal be and the same is hereby Granted.
. ,
This Special Use Permit is granted for a period (1) years and may be renewed
every year thereafter.
Dated, Wappingers Falls, New York,
day of June, 1987.
~ L4-ri~"" ~1~;UL
ZONING BOARD SECRETARY ," __ .
this, 18th
STATE OF JEW YORK COUNTY OF DUTCHESS ss:
On ~e 2 . day Of....'~II'I<;'7 before me personally came
Cha~rman of thedto~i~g Board of Appeals of the Town of Wappinger, N. Y. to
me known as the individual described', in .and who executed the foregoing
instrumen~tc~~~.A~~ltedged that executed same.
NOTARY PUBUc, STATE OF NEW TOBIt /Y j "'1 / A
.......032 {:e.hh~_'~~f
QUAIJF1ED IN DUTCHESS COU~ ( Notary
COMMISSION EXPIRES AUG. 4, 19.&
Filed in the Office of ~~.T T~own Clerk, ~~. ers Falls, New York
on the.;2L{t!1 day of r (187 ~
Quu \.\ ~trU/~
Town Clerk
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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 final approval.
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. A c~rtified, as built plan shall be submitted and approved by the Planning Board
prior to the issuance of a Certificate of Occupancy.
15. Upon completion of all requirements set forth in the action approving the site plan,
6 copies of the site plan shall be submitted for the Planning Board Chairman's signature.
16. There shall be no storage of cars for more than 30 days.
17. This shall be strictly for transmission repair only. There shlal be no engine repair
work, no body repair work, or oil changes on this site.
18. Lighting (signs ect.) shall only b& illuminated during business bourse
19. The hours or operation shall be from 8:00 A.M. tp 8:00 P.M. only, 6 days a week.
20. This resolution shall include all conditions that the Zoning Board of Appeals requires
in their approval of the Special Use Permit.
21. There shall be a proper recepticle constructed according to the Department of Envir~nmenta
Control for the retention of transmission oil, motor oil, grease, ect. so that these o~l
substances do not enter into the ground. This must be constructed and approved by the
Zoning Administrator prior to the issuance of a Certificate of Occupancy.
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