724
ZONING BOARD OF APPEALS
TOWN OF \VAPPINGER
ACTION ON APPEAL
RECE'VeD
Appeal No.
724
MAR 2 6 1984 Dated March 25, 1984
lW$ I. S!e!'!fI
Appellant Vincent Cappelletti
Yorktown Heights, NY 10598
Address 3610 Gomer Street
At a meeting of the Zoning Board of Appeals on March 20, ,19 84 ,Appeal No. 724
wa<; considered and the following action on the request for: C A VARIANCE~ A SPECIAL USE PERMIT, C AN
INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S), was
taken:
I. VARIANCE: By resolution of the Board. it wac; determined that strict application of the Ordinance 0 would 0 would
not produce undue hardship for these reasons:
a. The property in question 0 would CJ would not yield a reasonable return if limited to the use permitted under the
Ordinance, because:
b. The hardship created r' is C is not unique and i:J would 0 would not be shared by all properties alike in the
vicinity of the property and in the same use district, because:
c. The variance 0 would C would not change the character of the district. because:
Therefore, it was further determined that the requested variance LJ be granted C be denied and that the previous
decision of the Enforcement Officer CJ be confirmed [] be reversed.
2. SPECIAL USE PERM IT: By resolution of the Board it was determined that the request for a Special Use Permit::Ot be
granted ~Ried-. pursuant to article IV , section or subsection 422 ,paragraph NB 6 of the
Zorung Ordinance and. therefore, the decision of the Enforcement OfficelXX be reversed [;]~'eRfi.Fmea, because:
Plp~~p ~pp ~rr~rnment_
3. INTERPRETATION: The Board adopted the following resolution which stated its interpretation of the Zoning
Ordinance as requested in your appeal:
4. AGGRIEVED PERSON(S): By resolution of the Board, the following decision was made on your appeal:
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of Appeals
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Appeal # 724
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March 25, 1984
At the March 20, 1984 meeting of the Zoning Board of Appeals,
a motion was made by Mr. Cortellino, that the requested variance
be granted, subject to the following restrictions:
1. Approval of the Dutchess County Department fo Health, if
required, shall be obtained prior to the issuance of a building
permit and/or a Certificate of Occupancy.
2. Approval of the New York State Department of Transportation,
if required, shall be obtained prior to the issuance of a build-
ing permit and/or a Certificate of Occupancy.
3. Approval of the Town of Wappinger Highway Superintendent
if required, shall be obtained prior to the issuance of a build-
ing permit and/or a Certificate of Occupancy.
4. As there appears to be a problem with back-up and maneuv~
ering of the parking spaces, it is suggested that these be angled
and that perhaps the elimination of two or three spaces would solve
the problem.
5. Downstream Drainage fee of $ .15 a square foot for newly
covered roofed areas and areas covered by impervious material
shall be paid prior to the issuance of a building permit.
6. Any new signs to be located on the building and site
shall conform to the requirements of the Town of Wappinger Zoning
Ordinance unless a variance is obtained.
70 Lighting and landscaping plan shall be approved by the
Building Indpector and/or the Zonong Administrator prior to the
issuance of a building permit and/or a Certificate of Occupancy.
The lighting shall reflect onto the site rather than the roadways.
only.
8. Rental trucks shall be parked in the rear of the property
.~ 9., The Fire Prevention Bureau shall inspect the premises
prior to the issuance of a building permit and/or a Certificate
of Occupancy.
100 The southerly entrance onto Route 376 be closed off with
a physical barrier (i.e. a cement curb) that would effectively
prohibit use of that entrance by any vehicles.
The motion was seconded by Mr. Urciouli.
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Appeal #724
-3-
Vote:
Mr. Landolfi - aye
Mr. Urciouli - aye
Mr. Caballero - aye
The motion was carried.
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March 25, 1984
Mrs. Waddle - absent
Mr. Cortellino - aye
~r c. ~.
Joseph E. Landolfi, Chairman
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., - S p.Y:.. TOWN OF WAPPiNGER
NOTICE OF APPEAL
A ppeal No.
/:;;~~3
Date
.,
Appellant 011{t~-1 C /!fJj7~ Ii 7;r
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Zip Code: / 0 r1 r-
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TO TIlE BOARD OF APPEALS~
I. Y;" (t"'f 7' {' A-I'Pe /,{ "/7' , appeal from a decision of the Zoning Inspector, dated
/ J.//' - . 1~ , and do hereby apply to the Zoning Board of A PJ~ f9r: 0 A VARIANCE, ~ A
SPECIAL USE PERMI'f, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL Af' AN .
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at J2 /' J 7 b ! LA,"\~.... ~
. It? r . ,/ (strcel~ \
IV \.) , t?2r;1..... DZ- - 59J €5~., , Town of Wappinger, N,y'
(zorung dist.) (grid no.' . _ ~ '"
1. PROYJSION(S) or THE ZONING ORDINANCE APPEALED
(article, SCICt'on or subSClCtion :-.nd paragfar,ll)
2. TYPD OF APPEAL (Complete relevant section), ..
a. A VARlAl~CE IS REQUESTED for the following reasons:
~) ~~rict ~;;i=.li~Z!t:c~ 0ft~~ Zo~5~C ')r1!n?..~~~ ~lI(~u!~ prod'J~~~ u~~u~ hgrd:;hip b~c~!:;:.~~
2) The hardship created is unique and is not shared by aU properties alike ill 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 REfUESTED pursuant to article -11 z.... . section or subsection
tJB , paragraph of the Zoning Ordin.ance 10 permit the following use on the
above premises: Md-tvv \J"t. k~ ..,~ ~ rt..vl~ .
c. INfERPRETATION of the Zoning Ordinance is requested because:
'd. AGGRIEVED PERSdN(S) an appeal is requested because:
3. OTHER REMARKS:
(Use extra sheets if necessary)
Signature
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· The required plan must accompany the Notice of Appeal.
APPELLANTS ARE RESPO~SIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
NOTICE IN THE LOCAL NEWSPAPER.
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APPLICATION #
. TOWN OF WAPPINGER ZONING BOARD
RECE IVED BY
"; ..
DATE
,.
FEE RECEIVED
DATE
APPLICATION FOR SPECIAL USE PERMIT ~ n~ ' \
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'TITLE OF PROJECT: t/J eY ~ / O-./7"'t -/ ~.
NAME & ADDRESS OF APPLICANT: V, I'J ( t v1 -/ (rtp/,t A 77'
7C!o c.~V\.iF'/" r-/ VoI/;;;'-v.... 1-4.?; ~y
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street Town state
d Vr- 1/d 7
Phone #
NAME & ADDRESS OF OWNER:
("t1 ~ e
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street
Town
state
Phone #
Please specify use or uses of building and amount of floor area
devoted to each: {,/{ J C-+f.;- ~4/"" K.
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ZONING DISTRICT:
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LOCATION OF PROPERTY:
ACREAGE:
ANTICIPATED NO. OF EMPLOYEES:
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NO. OF PARKING SPACES PROVIDED:
C',
...
DATED:
t/- ~
Applicant
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SIGNED:
Note: Applicant is responsible for the costs involved in publishing
the required legal notice in the local newspaper.
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(a> In order to answer the questions in th~ short EAF is 1s assumed that the
rreparer will use ccrrently available informat!Qn concerning the project and the
ikely impacts of the action. It is not expected thl. additional studi.., re..arch
or other investigations will be undertaken. "... . '
(b) If any question has been answered Yes the project may b. sicn1t1cane and a
completed Environmental Assessment Form is neces~ary.
....... (c) It all questions have been answered Ho it 18 11kely that thia project 1.
!l2! sip1ticnnt.
(d) l~!.riron..r.ental Assessment
1. "'Ul project result in a large physical change
to the project aite or physically alter more
than 10 acres ot land? . . . . . . . . . . . .
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the project? _ tea _Nd i
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APPENDIX B
SHORT ENVIRONMENTAL ASSESSMENT FOa~
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INSTRUCTIONS:
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2. WUl there be a major change to any unique or
unusual land form found on th~ site? . . . . .
). Will project alter or have a large eftect on
an eXisting body ot water? . . . .~. . .'. . .
4. Will project have a potentially large impac:b On
groundwater quality? .............
S. Will project Significantly effect. drainage flow
on adjacent sites? . . . . . . . . . . . .
6. Will pro3ect atlect any threatened or endangered
I~ant or animal species? . . . . . . . . . . .
? Will project result in a Il'.ajor adverse ettect on
air quality? '. . . . . . .. . . . . .
8. Will project have a major eftect'on,visual char-
acter of the community or scenic views or viatas
known to be important to the community? ...
9.
\ldll project adversely impact any site or struct-
cre of historic, pre-historic, or paleontological
importance or any site designatad as a critical
environmental area by a local agency? . ...
Will projec! have a majorefEect on existing or
future recreational opporttmities'l. ....
Will project result in major traffic problems or
cause a major effect to existing transportation
syste~s? . . . . . . . . . . . .
.
10.
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11.
,,12.
Will project regularly cause objectionable odors,
noise, glare, vibrat~on, or electrical disturb-
ance as a result of the project's operation? .
. - .
.13.
Will project have any impact on public health or
safety? . . . . . . . . . . . .
14.
Will project affect the existing cOII'JIlunity by
~irectly causing a. growth in permane'"t pop~tla-
tion of morp.than 5 percent over a one-year
period ~ have a ~ajor negative effect on the
character of the community or neighbor,hOod? .
15.
19 there public controversy cOllcerning
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