1978-03-21I
II
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ZONING BOARD OF APPEALS
MARCH 21ST, 1978 - 8:00 P.M.
AGENDA
PUBLIC HEARING -
TOWN HALL
MILL STREET
WAPP. FALLS, NY
1. Appeal # 391, at the request of Mobil Oil Corporation,
seeking an amendment to their Special Use Permit pursuant to Section
430 to permit the sale of take-out convenience items on their premises
located on the corner of Route 82 and All Angels Hills Road, in the
Town of Wappinger, being parcel # 6356-01-223990.
UNFINISHED BUSINESS:
1. Appeal # 388, at the request of Michael De Meo, seeking
relief as an aggrieved person with regard to the Zoning Board of
Appeals' interpretation of Section 421, paragraph 17 of the
Town of Wappinger Zoning Ordinance, to permit his horse to remain
on his property located on Route 376, being parcel # 6256-04-567145,
consisting of approximately two acres, in the Town of Wappinger.
MINUTES:
Regular meeting of January 10th, 1978. (Were previously
distributed to Board Members.)
The rescheduled meeting of the zoning Board of Appeals of
the Town of Wappinger was called to order on Tuesday, March 21st,
1978 at 8:00 p.m., at the Town Hall, Mill Street, Wappingers Falls,
New York.
Members Present:
Joseph E. Landolfi, Chairman
Charles A. Cortellino
Donald Mc Millen
Howard Prager
Carol A. Waddle
Members Absent:
None
Others Present:
Robert G. Ruit,
Betty -Ann Russ,
PUBLIC HEARING:
Building Inspector/zoning Admin.
Secretary
Appeal # 391, at the request of Mobil Oil Corporation,
seeking an amendment to their Special Use Permit pursuant to
Section 430 to permit the sale of take-out convenience items on
t their premises located on the corner of Route 82 and All Angels
Hills Road, in the Town of Wappinger, being parcel # 6356-01.-223990.
The Chairman read the legal notice and noted that it was
the procedure of the Board to hear the appeals and then retire
to executive session to review the information presented and then
reconvene at which time they may or may not render a decision.
Mr. James Goodno, a real estate representative for Mobil
Oil Corporation, was present for the Appeal.
Mr. Goodno noted that they were seeking an amendment to the
Special Use Permit to allow the sale of convenience items and the
property was in an LB (Local Business) zone. He added that it
was a two bay service station with one self serve area and one
full service area and they proposed to put the convenience items
in the former office area.
Mr. Cortellino then asked if you couldn't get most of these
items out of machines.
Mr. Goodno replied yes but they wished also to sell bread
and milk and other dairy products.
Zoning Board of Appeals -2- March 21st, 1978
Mr. Ruit commented that the type planned was like the station
that exists in Red Oaks Mills.
Mr. Landolfi asked why they wanted this use as there was
a 7 -Eleven Store and a deli in the area.
Mr. Goodno replied that it was a trend in business.
He added that the only real changes to be made would be the
canopies over the service areas and they would be changing
the sign from Mobil to Mobil Self Serve and that there was
57 square feet of signage on the building and 24 square feet
on the free-standing sign. He also noted that Mr. Frasier
will continu to operate the station.
Mrs. Waddle then asked about the hours of operation.
Mr. Goodno replied that it would be approximately 7:00 a.m.
to 12:00 p.m, but might be subject to change and in all probability
would be open from 7:00 a.m. to 11:00 p.m.
Mr. Prager asked if there was any self repair work.
Mr. Goodno replied no.
Mr. Landolfi then asked if there would be any additional
employees.
Mr. Goodno answered that Mr. Frasier has had the lease since
1971 and didn't forsee that they would be adding any other people.
Mr. Cortellino noted that with a 7 -Eleven and deli close by
what kind of business was expected and what was being added in the
way of a service to the community.
Mr. Goodno replied that it was really nothing more than
a convenience for people who were getting gas and would pick up
milk, cigarettes, etc.
Mrs. Waddle then asked about parking.
Mr. Goodno replied that there were ten parking spaces on the
side.
Mr. Prager then asked if there were underground tanks for
the gasoline.
tw Mr. Goodno answered yes.
Zoning Board of Appeals -3- March 21st, 1978
Mr. Landolfi asked if the inside of the building would be
altered and where the canopies would be put up.
Mr. Goodno replied that they would be altering the existing
office space and the canopies would be over the self -serve island
and met the setback requirements.
Mr. Cortellino then noted that the Board had a problem
with temporary signs such as the ones that advertised tire sales,
etc. and asked if there would be any other signs.
Mr. Goodno replied that there no signs on the islands.
Mr. Landolfi noted that the Board has had problems with
temporary signs and were there no plans for others.
Mr. Goodno replied as far ash( knew there weren't.
The Chairman then asked if there was anyone else present who
wished to be heard for or against the Appeal.
No one present wished to be heard.
The hearing was closed at 8:15 p.m.
With regard to Appeal # 288, at the request of Michael De Meo,
Mr. De Meo presented the Board with drawings and noted that the
Health Department had made some recommendations on where to
locate the shed so he didn't have a problem with the Health
Department later. (Copies of these documents are attached.)
Mr. Mc Millen asked about the size of the corral.
Mr. De Meo replied that it was not that big but he didn't
know the exact dimensions.
Mr. Mc Millen then asked if Mr. De Meo could stay within
the 100 foot limit mentioned.
Mr. Prager noted that the corral appeared to be about
seventy-five feet..
Mr. De Meo noted that he intended to take care of the
wastes and would not pollute the creek adding that each spring
he cleans the section of creek around his property.
04
Zoning Board of Appeals -4- March 21st, 1978
The Board then recessed for executive session and reconvened
at 9:00 p.m.
With regard to Appeal # 391 at the request of Mobil Oil
Corporation, a motion was made by Mrs. Waddle, seconded by
Mr. Mc Millen, to grant an amendment to the Special Use Permit
with the condition that no additional signs, either temporary
or permanent shall be added to the premises.
Motion Was Unanimously Carried
by Those Members Present
With regard to Appeal # 388, at the request of Michael De Meo,
a motion was made by Mr. Cortellino, seconded by Mrs. Waddle, to
deny the variance as strict application of the Ordinance would not
produce undue hardship as the property in question would yield a
reasonable return if limited to the use permitted under the
Ordinance, because it is a residential dwelling.
Motion Was unanimously Carried
by Those Members Present
A motion was then made by Mr. Cortellino, seconded by
Mr. Mc Millen, to approve the minutes of January 10th, 1978.
Motion Was Unanimously. Carried
by Those Members Present
A motion was then made by Mr. Cortellino, seconded by
Mr. Mc Millen, to adjourn.
Motion Was Unanimously Carried
by Those Members Present
The meeting was adjourned at 9:02 p.m.
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Attachment
UNAPPROVED
D
Respectfully submitted,
r
(Mrs. etty-Ann Russ, Secretary
DUTCHESS COUNTY
DEPARTMENT OF HEALTH
22 MARKET STREET
POUGHKEEPSIE, NEW YORK 12601
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March 211, 1978
Mrs. Betty -Ann Russ, Secretary,.
Zoning Board of Appeals
Town Hall, Town of Wappinger
Wappingers Falls, New York 12590
Re: Request of Zoning Board of Appeals Concerning the
Regulations of the Dutchess County Sanitary Code
Relative to the Keeping of Horses on Residential
Properties
Dear Mrs. Russ:
r
This is to confirm our telephone conference on Tuesday, March 21, 1978 relative
to your letters of February 17, 1978 and March 14, 1978 concerning the above
delineated subject.
Please be advised that the Dutchess County Sanitary Code does not contain a
specific regulation requiring the approval and an issuance of a permit for the
keeping of horses on residential properties. The code does, however, regulate
any nuisance or environmental problem generated by this type of operation.
I refer you specifically to the following sections of the code for reference
pertaining to this type of operation:
Article 7 Nuisances and Sanitation
Section 701 through 704
Article 9 Sewerage and Sewage Disposal
Section 900(f)(k)
Section 914
Section 916
Article 18 Refuse
Section 1800(b)(d)
Section 1801
Section 1805
If I can.be of any further assistance, please feel free to contact me at
485 - 9820.
V truly yours,
k R ��
a4 R . Hil ,
jrh/lb Public Health Administrator
cc: Joseph E. Landolfi, Chairman
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