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700 Gr~Q * bL~b-Uj-j9j242 " .. / ZONING 80ARD OF APPEALS . TO\VN OF \VAPPINGER RECEIVED ACTION ON APPEAL Appeal No. 700 DEe 1 6 1983 Dated December 1 Sth, 19R3 ELAINE H, SNOWDEN AppeHant Faith Bible Church Fishk.ill. New York 12524 Address 31 H9ath Road At a meeting of the Zoning Board of Appeals on December 13th ,19 83.AppealNo. 700 was considered and the following al.:tion on the requcst for: I J A VARIANCE. Xl A SPECIAL USE PERfvHT. :.J AN INTERPRETATION OF THE ZONING ORDINANCE. := AN APPEAL AS AN AGGRIEVED PERSON(S). wa'i tak en : I. VA RIANCE: By resolution of the Board. it was determined that strict application of the Ordinance:-=: would C~ would not produce undue hardship for these reasons: a. The property in question L-= would ~= would not yield a rea'ionable return if limited to the use permitted under the Ordinance. because: h. The hardship created ,= is l~= is not Ul1Jque and ~= would '-= would not be sharcd bv all propertIes alike in the vicinity of the property and in the same use distrll.:t. bCl.:ause: C. The variance := would .= would not change the charal.:ter of the district, because: Therefore. It was further determined that the requested variance: be granted ~= bc denied and thalthe previous dl-'Clsion of the Enforccment 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 E'Dtrffei'1it'a. pursuant to artide IV , section or subsection 421 . paragraph 4 at the Zonl ng Ordi nance <H'ffi:;=r=!'tffl~~ei5ttm=6t=tlfe'f:1ffofcemefffeffTL~FE.=Ot9'e~(t'E~15e=roi'1lti"med:'t;ea.me:= PLEASE SEE ATTACHMENT 3. INTERPRETATION: The Board adopted the following resolution which stated its interpretation of the lon1l1g Ordinance as requested in your appeal: 4. AGGRIEVED PERSON(S): By resolution of the Board. the following decision was made on your appeal: ----;-P-. /f !/l ~_~e-y/ tC~-~J1 ., ..'1._' ~~lMmHJF, Zoning Board of Appeals CHAIRPERSON, .~ , Appeal # 700 -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 Special Use Permit be grante~ subject to the following conditions: 1. Approval of the Dutchess County Department of Public Works on entrance shall be obtained prior to the issuance of a Certificate of Occupancy. 2. Approval of the Dutchess County Department of Health shall be obtained prior to the issuance of a Certificate of Occupancy, if required. 3. Tabular analysis of the proposed use of all floor space shall be delineated. 4. Drainage plan shall be submitted and approved by the Engineer to the Town prior to 'the issuance of a Certificate of Occupancy. A copy of the plan shall be given to the Conservation Advisory Council for their review. 5. Erosion control plan for the parking lot shall be submitted to the Conservation Advisory Council and then shall be approved by the Engineer to the Town prior to the start of construction. 6. Lighting plan shall be submitted and approved by the Building Inspector/Zoning Administrator prior to the lssuance of a Certificate of Occupancy. 7. The use of all buildings on the property shall be clearly indicated to ascertain is they are permitted as principal and accessory uses by the Zoning Administrator. 8. Premises shall be inspected by the Fire Prevention Bureau prior to the issuance of a certificate of Occupancy. 9. The Fire Prevention Bureau would like to see access to all sides of the buildings to provide free flow of fire equipment on all sides. 10. Sign shall conform to the requirements of the Zoning Ordinance unless a variance is obtained from the Zoning Board of Appeals. . , Appeal # 700 -3- December 15th, 1983 11. Downstream drainage fee of $ .15 a square foot for newly constructed roofed areas and areas covered by impervious material shall be paid prior to the issuance of a Certificate of Occupancy. The motion was seconded by Mr. Caballero. Vote: Mrs. Waddle - aye Mr. Cortellino - aye Mr. Urciuoli - absent Mr. Caballero - aye Mr. Landolfi - aye The motion was carried. ~ /7 J () /i"'{J " ,;' .. .. / , r - ,"J t.~ .I ft _ ./ ' I f / d . ,.o' /' !._/ ,,::' ,~-~ 4.'~/~ , ~" ~--... t 0' V" (..........~ .-- . ,./ (Mrs.) Carol A. Waddle, Chairperson br -", ~ . .. -, TOWN OF WAPPINGER NOTICE OF APPEAL Appeal No. 71/ 1) Date 7,/d~~~ Appellant --El:l:!..1li f> II?JL( C.kluec~ Home Mailing Address 31 ItE^"\l.\ ~, FIS~L Zip Code: ---1l CS '2. i. Tel. #:ffi" - 8l.fZ' 917 - 4\ lD ~~~ TO THE BOARD OF APPEAlS: I, L RIt Y N E. w Co V'l1 . appeal from a decision of the Zoning Inspector, dated ' ? I . 19~ . and do hereby apply to the Zoning Board of Appeals for: 0 A VARIANCE. ~ A SPECIAL USE PERMI1; 0 AN INTERPRETATION OF THE ZONING ORDINANCE. 0 AN APPEAL AS AN AGGRIEVED PERSON(S) (check proper one), in connection with premises located at mE Vfl~ c.f~~ .ell " (slreclAoo.) 62.5"8 - 03- ?~ 3 2..'tz- p Town of Wappinger. ~~:v. . (grid no.) :> . _0.;.- ~ .-:".f' Rw (zooinB dist.) 1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED . (article, scdion 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: 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 artic1~~. section or subsection 7'e-c.., '""' l..l t paragraph 1/ of the Zoning Ordinance to permit the following use on the above premises: C t-J oRe If 1taJ \) p~ (l. \ S. t-\ >>0 \J~ _ 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) $~~~~ ~.~~~/ · The required plan must accompany the Notice of Appeal. APPELLANTS ARE RESPONSIBLE FOR T~ COSTS INVOLVED IN PUBLISHING THE REgUIRED LEGAL NOTICE INnIE LOCAL NEWSPAPER. . ... TOWN OF WAPPINGER ZONING BOARD APPLICATION FOR SPECIAL USE PERMIT APPLICATION # ' RECEIVED BY ~ .. 'DATE FEE RECEIVED DATE FA, TIt' tS,BLE' c.H~R.CH "'TITLE OF PROJECT: N&'tE & 'ADDRESS OF APPLICANT:' LPtr2.eY' NEwCO\'\?& , , 31 H-E,,~, e.:b,' ' F,~~ K\LL street Town NAME & ADDRESS OF OWNER: \A1ll11~M ?>1~ street No V2..n-\ ' CO~1iT\)17bf\) i) 2, Town 10'~~ ,state B~b"'ev2.~ Phone # (b loV, Li)ER. ~~ :-:', ~'''>." ~ 'T\JSCbAi tAR I ~l.) ~ ' S. 571 0 I .' state Phone # . . Please sp~cify use or uses of building and amount of floor'area , . devoted to each: . . 8'\~f\J . . (To ~oC~bE '. ~'In ~"O~j{, ,LOCATION OF PROPERTY: . M '1 EQ.~ " ZONniG DISTRICT: R 1.0 BE. USEb I\S A cttv~cl-t0 21~,iJJ: 6U'Ll)/~~ Co~~E~'S. RoAD ACREAGE: ~ 7,~;,' ANTICIPATED NO" OF EMPLOYEES: NO. OF PARKING SPACES PROVIDED: r... . 2- , . 30 SIGNED: DATED: Note: Applicant is responsible for the' costs involved in publishing the required legal notice in the local newspaper. . . , (a> In order to answer the questions in this short EAr is is assumed that the pre parer will use c~rrently available information concerning the project and the likely impacts or the action. It is not expected. that additional studie:!. research or other investigations will be undertaken. (b) It any question has been answered Yes the project may be significant and a. coz:rpleted Environmental Assessment Form is neces~. '" . , ..,... '-, (c) It all' questions have bee~ answered No it is I1Jc.iy that th1~ project is ~ sign1ticant. (d )E.nvirot'J'!:ental Assessment .. APPENDIX B , , .. SHORT ENVIRONMEtIT AL ASSESSl.r.EllT FOlt"! INS'rRUCTIONS: 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . . . . . . . . 2. Will there- be a major change to any unique or unusual land :form tound on th~ site? . . . . . ). Will proJect alter or have a large eftect on an exist:a.ng body of water? . . . .~. . . . . . 4. Will project have a potentially large impacb on groundwater quality? ............ 5. Will project sign1!icantly eftect. drainage now on adjacent sites? . . . . .. . . . . . . 6. Will project atEec.t any threatened or endangered plant or animal species? . . . . . . 0 . .. . 7. Will project result in a major adverse ertect on air quality? 0 .' . . . . . . . . . . 8. Will project have a major efrect' on .visual chaI'- acter or the community or scenic views or vistas known to be important to the community? ... 9. Will project 'adversely impact any site or struct- ure or historic, pre-historic, or paleontological imporeance or any site designatad as a critical environmental area by a local agency? .._. 10. Will projec! have a major ertect on existing or tuture recreationalopporttmities~ . . . 11. Will project result in major traffic problems or . cause a major ertect to existing transportation syste~s? . . . . . . . . . . . . . . 12. Will project regularly cause objectionable odors. nOise, glare, vibrat~on, or electrical disturb- ance as a result 01' the project's operation? . ~3. Will project have any impact on public health,or safety? . . . . . . . . . . . . 14. Will project arfect the existing cc~munity by directly causing a growth in per:nane~t pop'.tla- tion of more than 5 percent over a one-year period or have a major negative erfect on ~he character of the community or neighborhood? . 15. the project? _ Yes ~ tlo TITLE: TRusrE.E. 7//l./8~ PREP~~ER'S SIGNATL?E: :tEPRESENTmG: 1 I _ Yes -1t No _ y~~-~,~C) ~ Yes ..:.A.'NO, " _Yes~No " '_ Yes -2L. No _ Yes~llo _ Yes' ~ tio _ Yes .JL. No _ Yes-LNo, _ Yes~ No _ Yes ~ 110 Yes ~ no Yes ~No _ Yes ~ 110