980
~
C(~
TOW!' OF\\:-\PPL'\GER \(~!r.f) A..=! So. q l(D
!"OTICE OF APPE.AL At( 1 1 1987 Date /-,.J~ -97
EUtIE II. ...
Appellant Ffi';ellld/y Acu/2A
~5'3. Je+? P.7A.ffH.uf'E"'!r f:lf<;
TO TIlE DOARD OF APPEALS:
~ - .~.
Home ~lailing
Adc::ss
Zip Code:
/.2:-s'9{)
~s.y-~~~()
Td. tf:,,"-()~()
I,
, appeal from a decision of the Zoning Inspector, d:ned
. ' 19.K2 , and do hereby apply to the Zoning Board of Appeals for: ~ A \~lANCE, :J A
SPECIAL USE PERMI'T. 0 AN IN 1 =.RPRETATION OF THE ZO:-':ING ORDINANCE, 0 AN APPE.~ AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises IOQted at ,j5-~ 2.-1- z:
Istr~ I.; no.)
/I.!? ..:2 A . ~/.5'7_ 1!)"7 5/ (;.3 Y"5" t Town ofWappinge:, N.'Y.
(%DrunK OISl., U;nc no.,
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED
rW
,.e....
2.. A VARIA-NCE IS REQu::..S! =.D for the following re:lSons:
~)Strict applic:ltion of the Zoning Ordin:lI'1ce would produce undue h:l.rdship b=use: Sm A/./Fs-/ S?#
~\ ,nlAIIIJfh4dIJel!!l:l ..6y Ac./4,eA is .;3t; $/,'
2 , Tne hardship Cfe:lted is unique :lI'1d is not shared by ~ pro~rties ~ke in the i!!'..11'lediate vicinity of tIlls pro~rry
I and in this district be"..:luse: fA} e A,eE &slA;/''S''~',,? A /J1t:JerI6L A-~~A1i'''/I4- d~A/~r:?~
.lJrJtld Ine c<<7H'" AAele AcN~A S1~W6kk/ /10'/ ,..l, -/Ae J~Ak;i"i'e~i?-'fI ,,.S/.~.
. '3) Tne variance would obse:-ve the spirit of th~ Ordinanc: :md would not ch:tr:~e the ch::l:acrer of the distri:t
'-Jbec3use: STillS AJf:E ~c/2 /11i#ed //fJ q,J7fe;cr
,
b. A S?ECL~ USE PERMIT IS REQUESTED pum::lI'1t to :u-J:le , section or subse::-Jon
. p:::agr:lph of the Zoning Ordin:mce to permit the following use on the
above premises:
c. IN! =.RPR=.-rATION of the Zoning Ordin:!..")::: is requested bec:luse:
d. AGGRIEVED PERSON(S) an appQ! is requested be--..2use:
3. OTHER REMA.RKS: /AJrE )..t:W'E "/:'IJA/H/lJnFYI./-,;k/I 4E /JE?NesA- dr T-AE
1>//IIfIP:l /)AAer/ iu I)i>(ZJi411/lJ; ~~ /ktJ ~~,gA-L */ I~ ~/flJ~
'-lAM AJ.IIIe. c'AfS'r~Y i Af'/J:4)W1'~ ~ ~. .
fA $/ W ~ ~hE I . ' ..
rA~ )';9J"'(t1se o.."t~ee~ If necessary) Slgn:nure ~ ~~ ~a?
~E f7~~'df S/Y.4(
· The required pl:lI'1 must accompany the Notice of Appeal.
A?PELLA.~'TS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
1'-=OTlCE I~ THE LOCAL Nt::."\VSPAPER.
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACflON ON APPEAL
Appeal No.
980
Dated March 11th, 1987
Appellant Friendly Acura
Wappinger Falls, NY 12590
At a meeting of the Zoning Board of Appeals on March 10th , 19. 87 , Appeal No. 980
was considered and the following action on the request for: KJ A VARIANCE, 0 A SPECIAL USE PERMIT, 0 AN
INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S), was
taken:
1. VARIANCE: By resolution of the Board, it was determined that strict application of the Ordinance 0 would 0 would
not produce undue hardship for these reasons:
a. The property in question 0 would 0 would not yield a reasonable return if limited to the use permitted under the
Ordinance, because:
Address 253 Route 9
b. The hardship created 0 is 0 is not unique and 0 would 0 would not be shared by all properties alike in the
vicinity of the property and in the same use district, because:
c. The variance 0 would 0 would not change the character of the district, because:
Therefore, it was further determined that the requested variance D~ted IKl be denied and that the prevfous
decision of the Enforcement Officer !Xl be confirmed 0 be-~rsed. SEE ATTACHMENT.
2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit 0 be
granted 0 be denied, pursuant to article , section or subsection , paragraph of the
Zoning Ordinance and, therefore, the decision of the Enforcement Officer 0 be reversed 0 be confirmed, because:
3. INTERPRETATION: The Board adopted the following resolution which stated its interpretation of the Zoning
Ordinance as requested in your appeal:
4. AGGRIEVED PERSON(S): By resolution of the Board, the following decision was made on your appeal:
~r- -;;;::;;.u .~,,-e....:
Chairman, Zoning Board of Appeals
\
."
"page -2-
March 11th, 1987
At the March lath, 1987 meeting of the Zoning Board of Appeals, a motion was
made by Mr. Cortellino to deny the requested variance based on that there is no
justification based on the power that is given us by the State to grant a variance
for 30 square feet. There is no practical difficulty demonstrated, it is no behind
a hill or something that it has to be elevated or made larger, no obstructions.
A 25 square foot sign can be seen from the road.
Mr. Landolfi seconded the motion.
Vote:
Mr. Urciuoli - aye
Mr. Hirkala - nay
Mrs. Roe - abstain
Mr. Landolfi - aye
Mr. Cortellino - aye
The motion was carried.
~-r- ~do< ,:"..e.....'
George Urciuoli, Chairman
Zoning Board of Appeals
GU/lb