700
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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
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., ..'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.
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(Mrs.) Carol A. Waddle, Chairperson
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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
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APPENDIX B
,
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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