1996-01-23n
Town of Wappinger Zoning Board of Appeals
January 23; 1996
Agenda - 7:30 P.M.
fir✓
Approval of December 12; 1995 minutes_
DETERMINATION
Town Hall
20 Middlebush Road
Wappinger Falls, N.Y.
F5
The Zoning Board of Appeals will make a determination on Appeal #1210 &
1213 - At the request of Gasland Petroleum Co.. Inc. who are seeking a
variance of Article IV,. Section 446.6 whereas they are required to
maintain 2500 ft. between filling stations and they are seeking a variance
of Article IV; Section 440.3.1 whereas no gasoline filling station shall
be within 1000 feet of the boundary line of any residence. The property
is located on Old Hopewell Road and Route 9 and is identified as Tax Grid
#19-6157-02-610544 in the Town of Wappinger. The public hearing was
closed on December 12. 1995.
Town of Wappinger Zoning Board of Appeals
-January 23, 1996
Minutes
Members Present
Mr. Prager: Chairman Mr. Lehigh:
Mr. diPierno: Member Mr. Warren:
Members Absent
Mr. Fanuele: Member
Others Present
Mr. Roberts; Attorney to the Town
Mrs. Linda Nguyen, Secretary to the Z.B.A.
M
Town Hall
20 Mi_ddlebush Road
Wappinger Falls, N.Y.
Vice Chairman
Member
PLANNING BOARD UU
'llA� Qn ;
Mr. Prager: I call the Town of Wappinger Zoning Board of Appeals meeting
to order. I would also like to welcome our new member, ,sg Warren. Can I
have a roll call please? "a`J
ROLL CALL Mr. Warren: Here. Mr. diPierno: Here.
Mr. Lehigh: Here. Mr. Prager: Here.
Mr. Fanuele: Absent.
%wMr. Prager.: The first item of business is going to be the approval of the
December 12th minutes.
Mr. Lehigh: T make a motion that they be approved.
Mr. diPierno: Second.
Vote: All aves.
Mr. Prager: The next item on the agenda for this evening is going to be
the decision of Gasland Petroleum. That is Appeal 3#1210 and #12.13. At
the request of Gasland Petroleum Co. Inc.,. who are seeking a variance of
Article IV Section 446.6 whereas they are required to maintain 2500 feet
between filling stations. They are also seeking a variance of Article IV
Section 440.3.1 whereas no gasoline filling station shall be within 1000
feet of the boundary line of any residence. The property is located on
Old Hopewell Road and Route_ 9 and is identified as Tax Grid
#19-6157-02-610544-00 in the Town of Wappinger. I have in front of me the
decision. I will hand them out to everybody here to read it over. T
would like you to read them over. These are different from the last
meeting.
Mr. Roberts: Well, you didn't adopt it right?
Mr. Prager: No; we didn't adopt the first one. We are lust going to read
VAW :hese over and then approve them.
Mr. Roberts: What did you do at the last meeting?
Mr. Prager: We lust handed them out.
Mr. Roberts: Handed what out?
En
Wappinger Zoning Board
Minutes - January 23, 1.996
Page 2
Mr. Prager: The Finding of Facts, which was basically this, but we've
changed it. I had asked for anything in writing at the time if there were
any changes, but we did not approve them.
Mr. Lehigh: I make a motion that we take a 10 minute recess.
Mr. diPierno: Second.
Vote: All aves_
TAPE OFF/TAPE ON
Mr. Lehigh: I make a motion to reconvene the meeting.
Mr. Prager: Second_
Vote: All. aves.
Mr. Prager: We granted the decision. Are there any corrections or
additions by the Board? (Hearing None) I'd like to make a motion that
this decision be approved and that the variance be denied.
`Irr
Mr. diPierno: Second_
ROLL CALL,
Mr. Warren: Abstained Mr. diPierno: Ave
Mr. Lehigh: Ave Mr. Prager: Ave
Mr. Roberts: Linda, would you note on the decision who was present and
who was absent?
Mrs. Nguyen: Yes.
Mr. Prager: The motion to deny the variance has been passed. It will be
filed in 5 days.
Mr. Cappelletti: You are denying me on something that is in your Town
ordinance that doesn't allow you to approve it?
Mr. Prager: That is correct.
Mr. Cappelletti: Shouldn't that have been stated by your Zoning
Administrator when we applied for this? This ordinance that the Town has,.
a law that says your not allowed to give a variance,. shouldn't we have
been told this right from day one? When we were denied, shouldn't we have
been told there was no way that we could get it? This is five months_
wive months down the road your telling us that you couldn't give it to us
`''if you wanted to. Isn't somebody responsible to notify us of this instead
of making us go through all the motions and spending five months waiting
for meetings?
Mr. Roberts: I think your right.
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Wappinger Zoning Board
Minutes - January 2.3; 1996
Page 3
Mr. Cappelletti: There i.s no thinking I'm right. You know I'm riaht.
You know I'm right. This is abusive. Months of postponing, months and
months the same thing and then coming up with this here saying we were not
allowed, you couldn't give it to us even if you wanted to. This is total
abuse by the Town.
Mr. Prager: Can I have a motion to adjourn please?
Mr. Lehigh: So moved.
Mr. diPierno: Second.
Vote: All avec.
MEETING ADJOURNED AT 8:48 P.M.
on
Respectfully submitted,
drs. Linda N&iy , Secretary
Town of Wappinger Zoning Board of Appeals