715
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ZONING BOARD OF APPEALS RECEIVED
TOWN OF WAPPINGER
ACTION ON APPEAL
FEB 21 1984
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Appeal No. 715
Dated February 17. 1984
ELAIHE H. SNOWDEN
Appellant Southland Corp. (7-Eleven Food Sto~@drbs Division 1199
425 Cherry Street Bedford Hills, NY 10507
At a meeting of the Zoning Board of Appeals on Febr11ary 14th, ,19 84 ,Appeal No. 71C:;
was considered and the following action on the request for: 0 A VARIANCE. Xl A SPECIAL USE PERMIT, 0 AN
INTERPRETATION OF THE ZONING ORDINANCE. 0 AN APPEAL AS AN AGGRIEVED PERSON(S), wac;
taken:
I. VARIANCE: By resolution of the Board. it was determined that strict application of the Ordinance C would 0 would
not produce undue hardship for these reasons:
a. The property in question [J would C 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 [J would C would not be shared by aU properties alike in [he
vicinity of the property and in [he same use district, because:
c. The variance 0 would [] would not change the character of the district, because:
Therefore, it was further determined that the requested variance [] be granted C be denied and that [he previous
decision of the Enforcement Officer C be confirmed 0 be reversed.
2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit f.X be
granted g. ee.cleftieti. pursuant to article IV , section or subsection 422 , paragraph NB 7 of the
Zoning Ordinance and. therefore. the decision of the Enforcement Officer ~ Be reversed g. Be-ooftkfffteEi. because:
PLEASE SEE ATTACHMENT.
3. INTERPRETATION: The Board adopted the following resolution which stated its interpretation of the loning
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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Chairman, Zoning Board of Appeals
Appeal #: 715
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February 14, 1984
At the February 14th, 1984 meeting of the Zoning Board of
Appeals, a motion was made by Mrs. Waddle, to grant the requested
special use permit subject to the following conditions:
(1). Approval of the Dutchess County Department of Health
shall be obtained prior to the issuance of a building permit.
(2). Approval of the Dutchess County Department of Public Works
shall be obtained prior to the issuance of a building permit in
accordance with their letter dated 12/8/83.
(3). Approval of the New York state Department of Transportation
if required, shall be obtained prior to the issuance of a
building permit.
(4). An erosion control plan shall be submitted to the Conser-
vation Advisory Council for their review and then shall be ap-
proved by the Engineer to the Town prior to the issuance of
a building permit.
(5). Drainage plan shall be submitted to and approved by the
Engineer to the Town prior to the issuance of a building permit.
The Conservation Advisory Council shall be given an opportunity
to review the plans.
(6). Downstream drainage fee of $.15 per square foot of newly
constructed roofed areas and areas covered by impervious mat-
erial shall be paid prior to the issuance of a building permit.
Applicant's engineer shall calculate previously covered areas
if credit is sought.
(7). Any new signs to be located on the building and on the
site shall conform to the requirements of the Town of Wappinger
Zoning Ordinance, unless a variance is first obtained.
(8). Lighting plan shall be submitted and approved by the
Building Inspector prior to the issuance of a building permit.
(9). The existing gasoline storage tanks shall be removed and
replaced by New York state Building and Fire approved tanks.
(10). Emergency shutoff to the gasoline pumps shall be pro-
vided and there shall be easy access to the station attendant.
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Appeal #715
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February 14, 1984
(11). The Fire Prevention Bureau shall be given an oppor-
tunity to review the building plans prior to the issuance
of a building permit.
(12). Approval of the New York state Deaprtment of Labor,
Division of Industrial Safety Services, the Dutchess County
Department of Health, Department of Envirornental Conservation,
and O.S.H.A. on the dispensing of gasoline, if required, shall
be obtained prior to the issuance of a building permit.
(13). Variance was granted by the Zoning Board of Appeals
on January 10th, 1984 on the setback on Hopewell Road, and
having the food store and gasoline sales.
(14). That there be no left turn onto Hopewell Road permitted.
The motion was seconded by Mr. Urcioulio
Vote:
Mr. Landolfi - aye Mr. Caballero - aye
Mr. Cortellino - aye Mrs. Waddle - aye
Mr. Urciouli - aye
The mo tion was carried.
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TOWN OF WAPPINGER
NOTICE OF APPEAL
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Appeal No. 7 / ::,
Date /()/// i,/g, 3
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~ ~ - E LEVEu V 00 D STtJ ICE.S =e~!Iillng 1)1 J\:SIOJ.j ll'f':j
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Zip Code: --1 0 s 07 Tel. #:~O
TO TllEBQARD OF APPEALS:
~t'120'BE..1l--T S~~b LE-~ , appeal from a decision of the ZoniniInspector, da1:ed
,19_ , and do hereby apply to the Zoning Board of Appeals for: 0 A VARIANCE,'E(A
pECIAL USE IfflltMn; 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN ~ EAL AS AN
,,.A.(JGRIEVED PJ3aS(}N(S) (check proper one), in connection With premises located at ::-r E.. .p E... U E.LL ~ D..
~ . . .. . street & no.)
....... "6 - \..A< ,-6.1 S 7 - 0 z.. - G I <+ S b 9 , 1bwn of Wappinger, ~~:y.
. ft.or.... dIl!Q , (add no.) ~ - -.... ,. ~ ,
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<1. PROVJSIQN(~) OF THE ZONING ORDINANCE APPEALED
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(article, section or subsection and paragraph)
2., TYPE OF AJ?PEAL (Complete relevant section)..
a. A VARIANCE IS REQUESTED for the following 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 pecaU$e:,
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 REQ~STED pursuant to article --:nz: . , section or subsection
---5 z. z.. , paragraph ~ B 1 of the Zoning Ordinance to permit the following use on the
abovepr~: 7 ~LE.V~ ~b~ S\b~ ~ 4ASo(,t;:~~ Sf\1..\2)....&~,,~ tASE:") ,
c. INTERPRETATION of the Zoning Ordinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER REMARKS:
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(Useexuasheetsifnecessary) Signature ...;;~. ~ "-1IL.,..o /'\ 'f""
. r<' ~. i?--O 1$ e:~i $Mi \) l- ~
· The required plan must accompany the Notice of Appeal.e
APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
;~CB IN THE LOCAL NEWSPAPER.
APPLICATION #
7/:5--
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QH!~ OF WAPP INGER. ZONING BOARD RECEIVED BY
a/jJ
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, DATE
FEE RECEIVED
DATE
APPLICATION FOR SPECZAL USE P~RMIT
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'TITLE 'OF PROJECT: . "~~/-E C E::>J E: "i
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NAME & ADDRESS OF APPLICANT:7~E::CE' JE.M FOD \)
~2.'5; Ctt.\S.U t:'?-*f-EDf":'Qr2/LtS
street . Town state
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ZLJ j --
Phone #
1')(0 '11<1c/
77
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NAME &. ADDRESS OF OWNER:
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Street
. Town
State
Phone =It
Please specify use or uses of building and amount of floor area
NO. OF PARKING SPACES PROVIDED:
r~ J (;'~7 .,' r L E J E k\ \='")0 [') . <;-'[0 ~t
?~ '~)AC.,E'~ 0~ (;ASC){jk-iE
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LOCATION OF PROPERTY:~"'f-':" k f~ t.-U ..: (. L f (..{). (:; ';-1: E ~
ZONING DISTRICT:-r-\ \3 .~ ~-A _ ACREAGE:-
ANTICIPATED NO. OF EMPLOYEES:; c:;- 4- (~
J6
14
devoted to each:
I
DATED;
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SIGNED:
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Note: Applicant is responsibre for the' costs involved in publishing
the required ,legal notice in the local newspaper.
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