951
..
~ . TJWN OF\\:.\PPL'\GER _ Appeal No. ~ c.-!
C ~NOTICEOFAPPEAL """~,.."'~ Date nCi:(;l~,
~, NO V 1 J 1986 "
,,~ I C,(;
", I I '.,.u-
/1 ( 0 r\ l r
Appellant A l - ~ f\ ~. it:) <='L K'e
r:SJ~fO ,+aJ (<;
,a-
TO THE BOARD OF APPEALS:
1, CA e \?::..,J--e , appeal from a decision of the Zoning Inspector, dated
I n \ ~ I 19~, and do hereby apply to the Zoning Board of Appeals for: ct A VARIANCE, 0 A
SPECIAL USE PERlvlIT, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEveD PERSON(S) (check proper one), in connection with premises located at J: ~ 4 ( /1-a 1-11 (-:'u) I'l IZ c.l
..-0 _& /- n_ ~"'1' (SU::<:l&no.)
~, (OlX/ r 0\"- \-, :J<6<11- ,To....'T1 of Wappinger, N."Y.
(zorung dist.) (gnd no.)
ELAIHE H. SN~ 1\ laili,ng I . IkJ " 0 1/
Address ,XC{ I\..e tc r1tUt{ 10<<.);,1 fJ,.cy
Zip Code: 1'2 $" ~ (; Tel. #: B'J )'-S4 tf L
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED ~l0u;5~ <;~ ()t.) ~
.
u",..r~~) t'tJ Pr ~"l)(~m....
'1D ~vJ ~A ~ e,CLt,\('A1\clU (S\:;vf bM\'u."'t~
_ ~ (arucle. sCt,"t1on or sub=uon and paragraph)
~~r-~. .
2. TYPE OF APPEAL (Complete relevant section). *
a. A VARIANCE IS REQUESTED for the foUowing reasons:
1) Strict application of the Zoning Ordinance would produce undue hardship because: :J:- a M ~ S' l~q, fI
b......s.~...lI:s:s 'f) MoV\..lhs (1'-{'t'CtI2, Net PfCq,cl/c",f TO bl.A.'1 C'OMYl.t"Il{c",1 ?&li'] ,
2) The hardship created is unique and is not shared by all prope~ties alike in the immediate vicinity oftrus property
and in this district because: ,1V1j ?e.opt e+'1 IS !t?Jncr ~ rvalZ.,edu)
3) The variance would observe the spirit of the Ordinance and would not change the character of the district
be-..ause: "the' O-e.eCL (~~l"r'\c~cl oe/b~eci~z.. b'1.,vJocJoIS,. o-rh't'te...
iJ'l1.{j'R.-i)()~HIi.'t!n-fs ie b~ fL1-C<..C '(' L-lfD.'l Vo....t2.Jt:(,'l c~
. .
b. A SPECLt>J. USE PERMIT IS REQUESTED pursuant to article ,section or subsection
, p::lJ"agraph of the Zoning Ordinance to permit the following use on the
above premises:
c. D"<TIRPRETATION of the Zorling Ordinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER REMARKS: LA.? ~ ^ or ~ tf t1 't t)a.. e; t:t pi C~ :c w: (I p tAt v..? c:200 ( M oR.. e
<;+Oc~QJ'r' .q"',,~e T 30x'''o 7<11(" ba.dLrV
~~)
(Use extra sheets if necessary)
SigI1ature
(A.fl. ~~
'-
. The required plan must accompany the Notice of Appeal.
APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
~OTlCE IN THE LOCAL NEWSPAPER.
., I ~. -:-",
.~=.
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACTION ON APPEAL
Appeal No. 951
Dated November 19th. 1986
Appellant A 11 pn R R 1 ;l kp
Wanninger Falls, NY 12590
Address 268 Ketchamtown Road
At a meeting of the Zoning Board of Appeals on November 18th ,1986, Appeal No. 951
was considered and the following action on the request for: QJ 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:
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 0 ~~ Xl be denied and that the prevfous
decision of the Enforcement Officer I1QC be confirmed 0 be'~ 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:
~//J~
Chairman, Zoning Board of Appeals
Page -2-
November 19th, 1986
At the November 18th, 1986 meeting of the Zoning Board of Appeals, a motion
was made by Mr. Cortellino to deny the requested variance. There is no situation
under which we can legally grant this construction firm with large equipment in a
residential zone. The appellant must remove the trucks, equipment, and the barrels
by Christmas (1 month).
The motion was seconded by Mr. Hirkala.
Vote:
Mr. Caballero - aye
Mr. Cortellino - aye
Mr. Urciuoli - aye
Mr. Landolfi - aye
Mr. Hirkala - aye
The motion was carried.
fh/;Zr~
Angel Caballero, Chairman
Zoning Board of Appeals
AC/lb
