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973 ~. TO\V!'\' OF ":-\PPL"GER ~OTICE OF AI'PEAL ~ JAN 22 1987 q. . ""....1 . l.' At"t"~- !'\o. 3 Date ~ ,l (Y-L {<1 ~ I "', .. a_ cc~ EUIE II. MMailin r.p Address g (3 . 'i ~ Zip Code: 12,; S-~ () L~ Appellant :fri {z. j) {),~ ~ 6.-r cl ~ W t'L H ~ \...l..9-\ :r-~ . 6 TO TIrE DOARD 0\ APPEALS: I. ~ ~ ~~ k~({ ,appeal from a decision of the Zoning Inspector, (bted (~ ' g - . 19~ , and do hereby apply to the Zoning Board of Appeals for: ~ VARIANCE, 0 A SPECIAL USE PERMIT. 0 AN INTERPRETATION OF THE ZO~ING ORDINANCE, 0 AN APPEAL AS A.~ AGGRIEVED PERSON(S) (check proper one), in connection with premises located at (3 A 7, L 1.-~ . I ,../ (strCCI &. no.) 7 L{:V/W. GZC;1,,61- ".Q2,.(Q,?1S . Town of Wappinger. N.'Y. (wrung lim.) t u:nli no.) Tel. #217- (,ObY 1. PROVISION(S) OF THE ZONING ~RDINANCE APPEALED 1l-ril~ $ ~-n~ 4-11,-z,.. iD a\'~ ~ 0. Jri~ ~ v.. Ota.L.- ~\~ l<;~D ~D /).4 c... (uif~(, ~"' OUM~ ~1I~ca~o~~O~1I0~dP~a~a~ VN\~ ~k. 2. TYPE OF APPEAt! (Complete relevant section). * '1 a. A V.~IANCE IS REQlJESTED for the following reasons: 1) Strict application of the Zoning Ordinance would produce undue hardship because: bu :3 ~ clt () If . f~~ 2) Tne hardship created is unique and is not shared by all properties alike in the irrunecb.te \icinity of tIlts properry and in this district because: 3) The variance would observe the spirit of the Ordinance :md would not change the character of the district be-..ause: b. A SPECLo\L USE PER.\UT IS REQUESTED pursuant to article . secrion or subsection . paragr:lph of the Zoning Ordinance to permit the following use on the above premises: c. ~ 1 =.RPR-'l='TATION of the Zoning Ordinance is requested because: d. AGGRIEVED PERSON(S) an appeal is requested be-..ause: 3. OTHER REMJ\RKS: (Use extra shee~s if necessary) Sigrtature ~h<~ :W~cnJ b * The required plan must accompany the Notice of Appeal. APPELLA.'lTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL t'OTlCE IN THE LOCAL NEWSPAPER. ZONING BOARD OF APPEALS TOWN OF WAPPINGER. ACTION ON APPEAL Appeal No. 973 Dated January 14th, 1987 Appellant Fritz Dehnharrlt- Wappinger Fal1R. NY l?~QO Address 13 Pye Lane At a meeting of the Zoning Board of Appeals on Janl1ar~ 11~h ,19 87 ,Appeal No. 973 was considered and the following action on the request for: A VARIANCE, 0 A SPECIAL USE PERMrr, 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 variancefi be granted 0 -be~d that the prevfous decision of the Enforcement Officer 0 ~-eonfirmed !:xl be reversed. 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 ofthe 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- ... ~~ ~ ~"."e.-' Chairman, Zoning Board of Appeals :.. Page -2- January 14th, 1987 At the January 13th, 1987 meeting of the Zoning Board of Appeals, a motion was made by Mr. Caballero to grant the requested variance subject to: 1. Subject to putting in a parking area in the front of the house to eliminate the car, in bad weather, from parking on Pye Lane. The Zoning Enforcement Officer set up a program where monies are held in escrow to be determined by the Engineer to the Town until the parking area is made on the property. 2. The parking area shall be blacktopped and there be a retaining wall to hold the dirt from coming down. from the hill. The motion was seconded by Mr. Landolfi. Vote: Mr. Urciuoli - aye Mr. Caballero - aye Mr. Cortellino - aye Mr. Landolfi - aye Mr. Hirkala - aye The motion was carried. --....--......-. '~~~:=~ Zoning Board of Appeals GU/lb