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701 Grid # 6257-02-829985 ZONING BOARD OF APPEALS TOWN OF \VAPPINGER ACTION ON APPEAL RECEIVED DEe 1 6 1983 Appeal No. 701 Dated nPf"'pmhpr 1 St-"), I 1983 ELAINE H. SrWWDEN Appellant Dr. Chandra Desai POl1IJhk€'~p5 ; ~. NY 1 ?h01 Address 4S ~~~~J~rn("'k nrivp At a meeting of the Zoning Board of Appeals on DpC"pmhpr 11t-"), ,19 83 ,Appeal No. 701 wa" considered and the following action on the request for: LJ A VARIANCE. ZJ A SPECIAL USE PERMIT, [J AN INTERPRETATION OF THE ZONING ORDINANCE, C AN APPEAL AS AN AGGRIEVED PERSON(S), wa" taken: I. VARIANCE: By resolution of the Board. it was determined that strict application of the Ordinance ,= would [J would not produce undue hardship for these reasons: a. The property in question C would C would not yield a reasonable return if limited to the use permitted under the Ordinance. because: b. The hardship created :~ is i= is not unique and -J would i~ would nor be shared by aU properties alike in the vicimty of the property and in the same use district. because: c. The variance i_-= would c-= would not change the character of the district. because: Therefore. it was further determined that the requested variance:= be granted LJ be denied and that the previous decision of the Enforcement Officer ~ be confirmed C be reversed. 2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit X be granted l:he-derried. pursuam to article IV , section or subsection 421 , paragraph 5 of the Zoning Ordinance and. ~e:;=f~!ft6ft=6Ri'fe=~l'e'emenf~~E1=~~:E=*em#ffm~~~ PLEASF. SF.E A'1''1'A~HMRN'l' 3. INTERPRETATION: The Board adopted the following resolution \\hich stated its imerpretation 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: ~0&~ C:tlftif-ff1ftfl; Zoning Board of Appeals CHAIRPERSON, .~ Appeal # 701 -2- December 15th, 1983 At the December 13th, 1983 meeting of the Zoning Board of Appeals, a motion was made by Mr. Cortellino, that the requested Special Use Permit be issued to Dr. Chadra Desai, subject to the following conditions: 1. Approval is subject to all notes on the site plan prepared by Eustace & Horowitz, P.C., dated November 3, 1983 with regard to clearing and necessary work to provide adequate sight distance acceptable to the Town of Wappinger Highway Super- intendent. 2. Approval is subject to the notes on said site plan with regard to erosion control. 3. Curb cut permit shall be obtained from the Town of Wappinger Highway Superintendent prior to the issuance of a building permit and/or Certificate of Occupancy. 4. Fire Prevention Bureau shall be given an opportunity to inspect the premises prior to the issuance of a Certificate of Occupancy. 5. Hours of operation shall be 10:00 a.m. to 5:00 p.m., Monday through Friday. 6. Signs shall conform with the requirements of the Town of Zoning Ordinance unless a variance is obtained. 7. Drainage plan and erosion control plan shall be approved by the Engineer to the Town prior to the Certificate of Occupancy. 8. Buffering requirement as indicated on the site plan. 9. Downstream drainage fee of $ .15 a square foot for any newly constructed roofed areas and areas covered by impervious material shall be paid prior to the issuance of a Certificate of Occpancy. 10. The dirt driveway shall be closed. Appeal # 702 -3- December 15th, 1983 The motion was seconded by Mr. Landolfi. Vote: Mrs. Waddle - aye Mr. Cortellino - aye Mr. Urciuoli - absent The motion was carried. br Mr. Caballero - aye Mr. Landolfi - aye ~. .... /J Lf/)lQ ,,1.1lPd . ..of ... . /' " ,. ~ ," _' '''.... _ ' '~tr~ _,? ",:..;. (.,. ~/ ._....". ..~,_..._r.- ,; (Mrs.) Carol A. Waddle, Chairperson , . . TOWN OF WAPPINGER NOTICE OF APPEAL Appeal No. "/ I) I '" I Date ~/~-7/ g--3 . f AppelJant (he{ )1dvt\ j)es~ _J04~ keef~ . Ny Home Mailing Address 4.s- SC1JJ i e / , f"C7' IU 0 f. Tel. If: {(oe/c.. JMv.e . 4{,2- 7?J>~ Zip Code: lOTBEBOARD OF APPEAlS: I. (. ha nrli ~ D e~ i , appeal from a decision of the Zoning lnspector, dated . -, IIf , 19~ , and do hereby apply to the Zoning Board of Appeals for: 0 A VARlANCE,)'( A SPECIAL USE PERMIT; 0 AN I~T'fERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN" , (4-J AGGRIEVED PERSON(S) (check proper one), in connection with premises located at 2?..C( A J' f+ t1 p~__j}., U . .0 - A ^ foi~1" 02- ~ B z.jj ~<) .. . t5ttea&no. ~_._-- --- .TownofWappmg~N....Y:: <ZDIIiDa cJ;,-.) Wid no.) :-': _ r.:". ~ ~~l., ~ . 1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED (article, section or subsection and p2l1lgrapb) 2. TYPE OF APPEAL (Complete relevant section). '" a. A VARIANCE IS REQUESTE)) 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 vicinit}, of tIlls 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 articIe$ ? section or subsection ~~ , paragraph 5": of the Zoning Ordinance to permit the following use on the above premises: meJi~1 ~ c...\,~t'c.. . c. INTERPRETATION of"theZoning Ordinance is requested because: d. . AGGRIEVED PERSON(S) an appeal is requested because: 3. OTHER REMARKS: (Use extra sheets if necessary) Signature ~ ) . ~ 9ct,t' · The required plan must accompany the Notice of Appeal. APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL NOTICE IN TIlE LOCAL NEWSPAPER. ~ ,? FEE RECEIVED ~:tCAT:tOlll # ~ ~'~'DATE~ q Z ~ DATE.1l~1~f3 .. ,TOWN OF WAPPINGER ZONING BOARD RECEIVED BY APPLICATION FOR SPECIAL USE PERMIT , (l\e4U~ dHsC€ ", , "T'ITLEOF PROJECT: d.3s street 81\ Ch6f~c1ia ])e~'. "lM~Js'H/ll U: ~pm.~LcO~n) , ' ,Town, state , JA/ lJiliO '2Q74lJ6q NAME & 'ADDRESS OF APPLICANT: , Phone * '~;LCf ,'/yll street 1JYl~,1 s fils : s, 1tev 17 ~;f',~...:, _ .. ' Iv If (2q Lu;.pf'Yr$B-il .(;ry ~ ..' "'2Q:J.l34J , Town state Phone # . NAME & ADDRESS OF OWNER: .. Please specify use or uses of building devoted to each: Js-~' "., '2if~ ~VOv:-r~ and amount of floor area ~ . $.1- . ~l ('f> e ~ P'l'l ~, 1=') d t-.I-v' ft \- f zrt.!\ ,~inY ~, '0 \~Oo sq, e (ltJC.~~'s~e.~1) Pmrls ,+t,lI (240 VJ?pP(1l?fl ~Z,?,,' , . '.. ~..- ,.~ ,LOCATION OF PROPERTY: ?-2-.~, 1T1\ ZONING DISTRICT: ACREP~GE : ~-"57 ANTICIPATED NO.' OF EMPLOYEES: IWQ NO. OF PARKING SPACES PROVIDED: ~' 7 r... " DATED: ~lS~ Applicant 7 ,4~, SIGNED: Note: Applicant is responsible for the' costs involved in publishing the 'required ,legal notice in the local newspaper. . . .. . Jf' .. APPENDIX B SHORT ENVIRONMEtlT AL ASSESSMEnT FOR."! INSTRUCTIONSI (a) In order to answer the questions in this shore EAF 1s 1s assumed that the preparer will use ccrrentlyavailable information concern1ngthe project. and the likely impacts of the action. It is not expected that addit.ional studies, reeearch Qr other investigations will be. undertaken. _' . (b) It any question has been answered Yes the project may be signUicant and a completed Environmental Assessment Form is neces~ry. .. '.-...... (c) If' all questions have been answered No. it is likely that. this project is ~ significant. (d ) Enviror.:r.ental Assessment 2. ). 4. s. 6. - 7. 8. 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of' land? . . . . . . . . . . . . W~l there b. a major change to any unique OJ" unusual land form found on the site? . . . . . Will project alter or have a large efrect on. an existing body 01' water? . . . .~. . . . . . Will project have a potentially large impacb on groundwater quality? ....... e . . . . Will project signUicantly ettect. drainage now on adjacent sites? e . . . e.e . . . . . . Will project atfect any threatened or endangered plant ora~1mal species? . . . . . . . . . . . Will project result in a rr.ajor adverse eff'ect on air quali.ty? . .- . . . . . . . . . . Will project have a major effeet"on.visual char- acter of the community or scenic views or vistas known to be important to the community? ... Will project adversely impact any site or struct- ure of historic, pre-historic t or paleontological importance or any site designatad as a critical environmental area by a local agency? .. _ . Will projee~ have a major efreet on existing or future recreational.opportunities'l . . . 11. Will project result in major traffic problems or cause a major effect to existing transportation _ syste~s? . .......... e . 9. 10. 12. Will project regularly cause objectionable odors, noise, glare, vibrat!on, or electrical disturb- ance as a result oE the project's operation? . ~). Will project have any impact on public health or safety? . . . . . . . . . . . . 14. Will project affect the existing cc~munity by directly causing a growth in per:nane!"~ pop'.1la- tion of more than 5 percent over a one-year period ~ have a major negative effect on the character of the community or neighborhood? .. 15. Is there public co~cversy c;oncerning the project? PREPA.~ER'S SIGNATURE: ~)( ~ TITLE: :fEPRESENTnm: 91\178 DATE: ~ "':' J 1 - Yes V" No - . Ye':r ~~NO - Yea ~o - - , Yes V No - - - . res / No - - .. Yes / No - - . Yes. ./' llo - - - Yes vi He> - - Yes v- No - - Yes ~ Ho - Yes V 110 - - Yes V llo - - . Yes VN~ - - Yes V tio - Yes ~~ ~ Vh1J1'1J~ 7 -15- n.