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716 ZONING BOARD OF APPEALS RECEIVED A /I .,; ~ TO\VN OF \VAPPINGER JAN 1 r11984 ~ . ACTION ON APPEAL ELAINE H. SNOWDEN . , Appeal No. 716 Dated January 17, 1984 Appellant Gina Petroleum, Ine. Wappinqers Falls, NY 12590 Address 228 Myers Corners Road At a meeting of the Zoning Board of Appeals on ,Ti'lnllary lOt-h, ,19 Rd ,Appeal No. 71(; wa<; considered and the following action on the request for: i-.X ^ vf\RIANCE, =:: ^ SPECIAL USE PERMIT. ~ AN INTERPRETATION OF THE ZONING ORDINANCE, = AN APPEAL AS AN AGGRIEVED PERSON(S), wa<; taken: I. VARIANCE: By resolution of the Board, it wa<; determined that strict application of the Ordinance l_-:J would [~ would not produce undue hardship for these reasons: a. The properry in question l= would would not yield a reasonable return if limited to the use permitted under the Ordinance, because: /1. The hardship created IS - is not unrque and :~~ would ..~ woultl nor be shared by all properties alike in the vicinity of the propenv and in the same use district. because: . c. The variance ,= woujJ would not charl!!c the character of the district. because: Therefore, it was furthcr c1-:termined thar the requested vanance ~.~ he granted .__= ee:~ and that the previous dccision of the Enforcemcnt Officer I"'::: :cz::amt:itmtU:X'1 be reversed. Please see at taehmen t. ., SPECIAL lJSE PERM IT: I3y resolution of the I30ard it was determined thar the request for a SpeciallJse Permit == be granted C::: be denied. pursuant to article , section or subsection , paragraph of the Zoning Ordinance and, therefore. the decision of the Enforcement Officer L':: be reversed C be confirmed, because: J. INTERPRETATION: The Board adopted the following resolution which stated irs interpretation of the Zomng Ordinance as requested in your appeai: 4. AGGRIEVED PERSON(S): By resolution of the Board, the following dl.'Cision was made on your appeal: (\ ,1 ....f'. · \j~J;vtv ~ ~""rA.""-lr /1"-- Ii" ~rman. Zoning Board of Appeals Appeal # 716 -2- January 17th, 1983 At the January 10th, 1984 meeting of the Zoning Board of Appeals, a motion was made by Mr. Caballero, to approve the varinace, the proposed changes would make the property more conforming by eliminating the repair of vehicles and enhancing the property and eliminating some of the dangers of the gas pumps being so close to the road. The motion was seconded by Mr. Urciuoli. Vote: Mro Landolfi - aye Mr. Cortellino - nay Mrs. Waddle - absent Mr. Caballero - aye Mr. Urciuoli - aye The motion was carried. (\ " I - ,,"" ,. ~ "" .~, .'") ~-, ~ . ,"..n ~ . "'-., .~ , l V Landolfi, Chairman . , f J Joseph E. /' ~ !J TOWN OF WAPPINGER . NOTICE OF APPEAL Appeal No. //~ /IJ // J /S- ? ~ I- ~ Date Appellant Gina Pe..:tJw.te..wn, Inc.. Home Mailing 228 MYeJL6 Co/UteJL6 Road Address Wappil'tqVL Fa1...t6, NY Zip Code: 12590 Tel. #: 2 9 7 - 5 7 5 7 TO THE BOARD OF APPEAlS: I, Gina Pe:tJto.te..wn, Inc.. , appeal from a decision of the Zoning Inspector, dated O,,~'oe/ , 19~ , and do hereby apply to the Zoning Board of Appeals for: QV(A VARIANCE, 0 A SPECIAL USE PERMI'T, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S) (check proper one), in connection with premises located at R:te... 376 ~~4o (zoning dist.) 19-6259-04-840023-00 (grid no.) (street & no.) , Town of Wappinger, ~t.Y: :-- - -...~ - _~/.~ 1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED , \1 ( -h..J 0.. \1. f.\.r-J. . SEiZ'fioA1 '-fOe.;. 31 (Arh~(! ~ 'j '- ~ t~.J T\.~. 'h\ 7.~YI\:,","\ 4v\~":'~'" a. A VARIANCE IS REQUESTED for the following reasons: I) Stri<..1 application of the Zoning Ordinance would produce undue hardship because: Expa/1.6ion on.ty aUoWf.> 50% oven oltigina..t bui.tc.ling, oltigil'ta..t bui.tc.linf] M a VVLIj f.>maU buifding. 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: The.. Me.. p.'te..xMte..d zOMng .taw 3) The variance would observe the spirit of the Ordinance and would not change the character of the district because: c. INTERPRETATION ofthe Zoning Ordinance is requested because: d. AGGRIEVED PERSON(S) an appeal is requested because: 3. OtHER REMARKS: (Use extra sheets if necessary) ~T. ~OLEUM/~. /7 ~: /' ./ ~~ ';L-..~ j/ Signatuny' _~.(/ [~c"/:t..-- / ~o ~ARTHUR LIEBE~mN, Presldent · 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. CULLIGAN DUTCHESS PUTNAM WATER CONDITIONING INC. 38 FRIENDLY LANE POUGHKEEPSIE. N. Y. 12803 TELEPHONE .S....010-.l!5....011 October 11, 1983 Parson's Garage Meyers Corners Road Wappingers Falls, NY 12590 Attn: Artie Liebermann Oear Mr. Liebermann; Understanding your second car wash will be constructed exactly like your first car wash on Rt. 52, your spec's there- fore will be~ 1. Zero discharge: There will be no discharge of wash or rinse water into sanitary system. 2. All car wash water - both wash and rinse water - will be returned to impervious concrete settling tpnks. 3. All wash water will be "drawn" from settling tanks, filtered through multi media filters, purified with cholrine and reused over and over. 4. Drag out loss - approzimately 1 gallon per car will be made up with fresh water. 5. Sanitation trucks will be used to periodically remove sludge from settling tanks. As such, Artie - all cost for Culligan equipment will be the same for ~ar wash 2 as charged for car wash 1. Cordially, uJ~~ William Dukelow WD/bs SERVING DUTCHESS AND PUTNAM COUNTIES RESIDENTIAL, COMMERCIAL, INDUSTRIAL WATER CONDITIONING PRODUCTS AND SERVICES Xrshon& c:Shron, :? G. Gerltfied :?ubJ;'c 71ccounlanl.r .311 :JIG/I c5lreel !Po ughJeepsie. Xy. /260/ 7e/ (914) 47.3-UII c5lephen :.lI. X"rshon, G.!P. :71 'lJavid:7(, c5hron, G.!P. :.lI. YJrem6en Xyc5 c50ciely ojG'P:7I's :7Imerican gmlliufe ojG 'P:7I's October 14,1983 Mr.Arthur Lieberman, President Gina Petroleum Inc. 228 Mvers Corners Rd. Wappingers Falls N.Y. 12590 Dear Mr. Lieberman: The result of operations for Gina Petroleum Inc. as of the year ended February 28, 1983, showed a loss of $46,135.00. Over that fiscal year, Gina Petroleum had three gas stations in operation. One station was located on Rte 376 and did business under 376 Sunoco. This operation contributed to the companys loss for that fiscal year in the amount of approximately $16,000. If you have any questions concerning the above please feel free to contact me. Very ~ru~y rOlls, AL'ct (9#{ kHf David R. hroIt . \ DRS/he GINA PETROLEUM, INC. FINANCIAL STATEMENT FEBRUARY 28, 1983 " Xrshon & c5hron, :P.O. Oerl!/ied !At6/ic 71ccounlanls 311 2lU1/ c5/ree/ :Pou'lI1Jeep$ie, Xy. /2601 ':lei (914) 47:J-UII 0/epl1en :7/. X"r.ll1on, G.!P.:7/. Vauid :7(. c5l1ron, G.:P.:7/. !Jj('em6en :x y c5 00ciely oj G :P :7/'.1 :7/merican 9m/i/u/e oj G :P 7/'.1 May 6, 1983 To the Stockholders Gina Petroleum, Inc. We have compiled the accompanying balance sheet of Gina Petroleum, Inc. as of February 28, 1983, and the related statements of income and changes in financial position for the year then ended in accordance with standards established by the American Institute of Certified Public Accountants. A compilation is limited to presenting in the form of financial statements information that is the representation of management. We have not audited or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them. DRS/he Kirshon & Shron, P.C. k~"1 q ~ GINA PETROLEUM, INC. BALANCE SHEET FEBRUARY 28,1983 ASSETS Current Assets: Cash Inventory (Note #1) Accounts Receivable Total Current Assets Property and Equipment Net of Accumulated Depreciation of $91,305 (Note #1 and #2) Total Assets Exhibit "A" $2,804 24,538 11,903 $39,245 619,188 $658,433 LIABILITIES & STOCKHOLDER'S EQUITY Current Liabilities: Checks issued in advance of future deposits Accounts Payable Current Portion Mortgages Payable Note Payable-1st Nat'l Bank Highland Payroll Taxes Payable Franchise Tax Payable Sales & Diesel Tax Payable Total Current Liabilities Due to Stockholder Due to Affiliated Companies Long-term Liabilities: Mortgages Payable (Note #2) Less Current Portion Shown Above Stockholder's Equity: Capital Stock Deficit March 1, 1982 Net Loss Exhibit B (14,768) (46,135) Total Liabilities & Stockholder's Equity See Accountants Compilation Report. $21,361 36,595 25,000 22,000 1,857 800 585 $108,198 199,432 23,840 392,866 25,000 367,866 20,000 (60,903) (40,903) $658,433 X'rshon & c5hron, !P.O. Gerlified :J1J6/ic .7Iccounlanls Exhibit "B" GINA PETROLEUM, INC. STATEMENT OF INCOME FOR THE YEAR ENDED FEBRUARY 28, 1983 Sales Cost of Goods Sold: Inventory-Beginning Purchases Direct Labor Inventory-End Total Cost of Goods Sold Gross Profi t Operating Expenses: Officers Salary Rent Real Estate Taxes Insurance Utilities Repairs & Maintenance Payroll Taxes Professional Fees Interest Depreciation Miscellaneous Registrations Office Expenses Total Operating Expenses Loss from Operations Other Income-Gain on Sale of Real Estate Loss Before Provision for Income Taxes Provision for Income Taxes Net Loss See Accountants Compilation Report. $2,528,920 $58,798 2,200,481 136,898 2,396,177 24,538 2,371,639 $157,281 13 ,000 3,350 15,315 10,992 20,304 5,099 14,621 8,097 64,104 79,256 2,014 602 2,112 238,866 (81,585) 36,250 (45,335) 800 $(46,135) X'rshon & 0hfon, :PO. Ger/ified n6/ic 71ccounlanl.r Exhibit "c" GINA PETROLEUM, INC. STATEMENT OF CHANGES IN FINANCIAL POSITION FOR THE YEAR ENDED FEBRUARY 28, 1983 Cash Deficit March I, 1982 Cash was Provided by:- Operations Depreciation which required no cash outlay Net Loss Exhibit "B" Increase in Current Liabilities Increase in Notes & Mortgages Payable Loans from Stockholder Decrease in Inventory Decrease in Deposits Total Cash Provided Cash Applied To: Decrease in Advances from Affiliated Companies Increase in Accounts Receivable Purchase of Fixed Assets Net of Dispositions Total Cash Applied Cash February 28, 1983 Exhibit "A" See Accountants Compilation Report. $ (18 ,332) $79,256 46,135 33,121 15,748 179,082 30,537 34,260 1,000 293,748 275,416 29,001 9,272 255,700 293,973 $(18,557) XI-shon & c5hron, !P.C. Ger/ilied :Public 71ccoun/anh GINA PETROLEUM, INC. NOTES TO FINANCIAL STATEMENTS FEBRUARY 28, 1983 Note #1 Summary of Significant Accounting Policies: a) Inventory is recorded at the lower of cost or market. b) Depreciation is accumulated under the acc1erated cost recovery system. Note 112 Mortgages payable in the amount of $392,866 are secured by property and equipment whose book value is $619,188. :JCrshon & c5hron, :P.C. Ger/ified :?u6/ic 71ccounlanh