956A
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Appeal No.
Date n C-t.
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Appellant
Jerry Druker
fLAmE Il, sJdRr"e/YIailing
Address
R.D. 2, Box 622
Christine Court
Stormville, NY
Zip Code: 12582
TeL II: 221-9565 (H)
TO THE BOARD OF APPEALS:
Jerry Druke r I appeal from a decision of the Zoning Inspector, dated
October 14 , 19~, and do hereby apply to the Zoning Board of Appeals for: rn A VARIANCE, 0 A
SPECIAL USE PER..\1I"f, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at U. S. Route 9
(street & no.)
,Town of Wappinger, N.r:
I,
HB-2A
(wrung cii.st.)
6158-04-530446
(grid no.)
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, 1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED Interpretation of the word
,".
L.
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"use" in the definition of a "Lot" (Article II, Section 200, Subsection 220)
(anidc:, sc:c:tlon or subsc:clJon and paragraph)
2. TYPE OF APPEAL (Complete relevant section)..
(_ 3.. A VARIANCE IS REQUESTED for the following reasons:
1) Stri::t application of the Zoning Ordinance would produce undue hardship ber..ause:
2) The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this property
and in this district because:
(]) The variance would observe the spirit of the Ordinance and would not change the character of the district
because: (See attached sheet)
b. A SPECIAL USE PERMIT IS REQUESTED pursuant to article , section or subsection
, paragraph of the Zoning Ordinance to permit the following use on the
above premises:
c. INTERPRETATION of the Zoning Ordinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OT:--rER REMJ\RKS:
(Use extra sheets if necessary)
Signature
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* The required plan must accompany the Notice of Appeal.
Jerry Druker, Partner
APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
NOTICE IN THE LOCAL NEWSPAPER.
-...
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACTION ON APPEAL
Appeal No.
956 A
Dated November 19th, 1986
Appellant
Jerry Druker
Address RD 2 Box 622 - Christine Court
~T(n-m"; 1 1 t:>,}TV 12582
At a meeting of the Zoning Board of Appeals on November 18th ,19 86 ,AppealNo. 955
was considered and the following action on the request for: ~ 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 begranted~ be denied and that the prevfous
decisionoftheEnforcementOfficer~ be confirmed 0 beT~V{,l~ed. 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:
fj-r1;V~
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. The hardship is not the
legal hardship that comes under the test for a variance being granted. It is a self
induced hardship. Because it is 2 acres he wants to put up a large building. It
would be more suitable, perhaps, if the appeallant went to a different area of the Town
or if he wanted to have multiple use to go to another zone.
The motion was seconded by Mr. Landolfi.
Vote:
Mr. Caballero - aye
Mr. Cortellino - aye
Mr. Urciuoli - nay
Mr. Landolfi - aye
Mr. Hirkala - aye
The motion was carried.
fh-/~./~
Angel Caballero, Chairman
Zoning Board of Appeals
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