707
Parcel # 6156-02-753949
~
ZONING BOARD OF APPEALS
QiG-i\Vi ~ Q
TO\VN OF \VAPPINGER R~....t:, ~':..tJ
ACTION ON APPEAL ~ijV 2 ~ ~~~j
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Appeal No.
707
Dated November ?lrd,
1 gR"~
Appellant Herber t H. Redl
POlllJhkppp~i P, NY 1 ?601
Address
240A Norrh ROrln
At a meetingoftheZoning Board of Appeals on November 15th .19 83 . Arreal No. 707
wa'i considered and the following action on the request for: :J A VARIANCE. x:: A SPECIAL USE PERMIT, -= AN
INTERPRETATION OF THE ZONING ORDINANCE, .= AN APPEAL AS AN AGGRIEVED PERSOi\!IS). was
tak.en:
I. VARIANCE: By resolution of the Board. it was determined that strict application of the Ordinance ;'-= would ;= would
not produce undue hardship for these reasons:
a. The property in question ,~ would :,::: would not yield a reasonable return if limited to the use permitted under the
Ordinance, because:
h. The hardship crcated . IS': is not uniquc and -. would,~ would not be shared bv all propertIes aiike In the
vicimry of the property and in rhe same use Jistrict. because:
(. The variance .: woulJ ..~ would not change the character of the district. bccaU'~e:
Therefore. it was further determmed that the requested vanance~: be granted-=: be denied and that the prevIous
decision of the Enforccment Officer _: be confirmed L--:: be reversed.
:. SPECIAL USE PERMIT: Bv resolution of the Board it was determined that the rCQuest for a Special Use PermllX he
granted ":"~=b@"~. pursuant TO article _~__ . section or subsection 4?? . paragraph 1 of the
Zoning Ordi nance and. Fffi!Ft"t'rn~=f~siffif'~ffe=.E=A=mFreffiffif~Fiet'f'==,~tre=FeVel'~=====:ffl.EamffFl'fffiF.~~
PLEASE SEE ATTACHMENT.
3. INTERPRET\TIO:--J: The Board adopleJ the following resolutIon \vhich stated its Intcrpretation of the Laning
Ordinance as requested in your appeal:
4. AGGRIEVED PERSON(S): Bv resolution of the Board. the following decision was made on your appeal:
Appeal # 707
At the November 15th, 1983
Appeals, a motion was made by ~
a Special Use Permit be grantee
1. Contoum and drainage
reviewed by the Conservat
2. The Conservation Advi..
use be limited to muffler
or repair of motor vehicl
3. Refuse container shal
shall be indicated on the
4. The Planning Board re
the site for parking adeo
The motion was seconded b-
Vote:
Mrs. Waddle - aye
Mr. Cortellino - aye
Mr. Urciuoli - aye
The motion was unanimously
br
November 23rd, 1983
':leeting of the Zoning Board of
. Landolfi, to recommend that
:ubject to the following:
~w shall be indicated and
; Advisory Council.
y Council requests that the
"anges and shocJ<s and not service
e adequately screened and
,te plan.
"\les the r igh t to reVlew
, r
t .
;r. Urciuoli.
Mr. Caballero - aye
Mr. Landolfi - aye
';)rr ied.
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'~arol A. Waddle, Chairperson
---
TOWN OF WAPPINGER
NOTICE OF APPEAL
Appeal No.
707
~/-"9;~ :3
Date
Appellant Herbert H. Red1
Poughkeepsie, New York
Home Mailing
Address 240A North Road,
Zip Code: 12601
Tel. #; 471-3388
TO THE BOARD OF APPEAlS:
I, Herbert H. Red1 , appeal from a decision of the Zoning Inspector, dated
, 19_ , and do hereby apply to the Zoning Board of Appeals for: 0 A VARIANCE, 0 A
SPECIAL USE PERMrr, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at Rt. 9 North,
(street & no.)
, Town of Wappinger, ~..Y: .
HB-2A
(zoning dist.)
19-6156-02-753949-00
(grid no.)
.... - ......
:,
'.~ ::" ;"
. 1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED
(article, section 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 article I V , section or subsection
422 , paragraph 1 of the Zoning Ordinance to permit the following use on the
above premises: motor vehicle repair (muffler shop).
c. INTERPRETATION ofthe Zoning Ordinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHERREMARKS: Amended site plan - previous use was motor cycle repair shoo
and auto parts store.
(Use extra sheets if necessary)
Sign'lll:) 1---- ~~
· 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.
APPLICATION #
: TOWN OF WAPPINGER ZONING BOARD
APPLICATION FOR SPECIAL USE PERMIT
RECE IVED BY
FEE RECEIVED ~.~
<; t tA.:\' .
~ .-
- DATE
DATE~
,-
"'r'ITLE OF PROJECT: r'leineke Discount Muffler
NAME & ADDRESS OF APPLICANT: Herbert H. Redl
240A North Road
street
Poughkeepsie
_-Town
New York
state
471-3388 .
Phone #
NAME & ADDRESS OF OWNER: same as above
. -
" ... . - ";.'
, .,
, " .~.
street
-Town
state
Phone #
Please specify use or uses of building and amount of floor area
devoted to each: 2,400 square feet will be used for a r1eineke Discount t1uffler
Shop for the instaYl;~t;on ci'nd repair of automobile muffler systems, other related
- parts and accessories.
-LOCATION OF PROPERTY: Route 9 North. Fishki 11. NeVi York
ZONING DISTRICT: HB-2A
ACREAGE: .677+ acres
ANTICIPATED NO. OF EMPLOYEES:
th ree
NO. OF PARKING SPACES PROVIDED:
20.
r-..
DATED:
)~cY:
_ Applicant
frt ~ t?7/
SIGNED:
Note: Applicant is responsible for the costs involved in publishing
the required legal notice in the local newspaper.
, .
APPENDIX B
SHORT ENVIRONMENTAL ASSESSMENT FOR~
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF is 1s assumed that the
preparer will use ccrrently available information concerning the project and the
likely impacts of the action. It is not expected. that additional studie2, re2earch
or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sign1!icant and a
completed Environmental Assessment Form is neces~ary.
.... "., ""
(c) If all questions have been answered No it is likely that this project is
~ significant.
PREPARER'S SIGNATL~E:
REPRESENTmG:
9/1/78
(d)
Enviro~~ental Assessment
1.
Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? .. . .. . . .. . . .. . .. .
Yes X No
y~i- ~K:':.llo
Yes ..;..L.. lio
..
Yes X No
res X No
Yes X }fo
Yes X llo
-
Yes X No
-
2.
Will there be a major change to any unique or
unusual land form found on the site? . . .. .. .
).
Will project alter or have a large effect on
an existing body of water? . . . .~. . .. . . ..
4"
Will project have a potentially large 1~cb on
groundwater quality? ...........".. c "
Will project significantly effect. drainage fl~~
on adjacent sites? . . . .. .. e . . . . . ..
6. Will pro~ect afr~ct any threatened or enda~geTe1
plant or animal species? . . . . . . .. . . .. .
5.
7. Will project result in a reajor adverse effect on
air quality? .. .. .. . .. .. .. .. . .. .. .
8. Will project have a major effect'on.visual cha~
acter of the community or scenic views or vistas
known to be important to the community? ...
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
environmental area by a local agency? c..
10. Will project have a major effect on existing or
future recreational opportunities'l ... . .
Yes X
No
_ Yes ..L No
11. Will project result in major traffic problems or
cause a major effect to existing transportation
syste~s? .. e . . . . .. . . . . .
Yes 1.- no
12. Will project regularly cause objectionable odors,
noise, glare, vib~at~on, or electrical disturb-
ance as a result of the project's operation? .
.13. Will project have any impact on public health or
safety? 0 0 . . . . . e _ . . .
Yes ~ no
_ . Yes .L-No
14.
Will project affect the existing community by
directly causing a growth in permanert pop'.ua-
tian of more than 5 percent over a one-year
period 2r have a major negative effect On the
character of the community or neighborhood? .
Yes 1L- 140
Yes ~ no
150
TITLE:
Owner
~)tt\~1
Is there P'
ic controversy
~
g the project?
H. Redl
DATE: