938
YI fl , ,) Appeal No. ~ <{:
I ~VEPDate 1(7/16
OC T -2-_4 1986
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Zip Code:,;"Z,fYo Td. #:t/6)- ~flf(
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TO\VN OF '\1-\.PPL.'lGER
NOTICE OF APPEAL
TOTHE.-DOARDO~~: ~/J.It~t2
I, -; r 4#;21- ' )f;;e/d- l7'fY/,(rr ' appeal from a decision of the Zoru.r;g Inspector, dated
, 19_ . and do hereby apply to the Zoning Board of Appeals for: ~ A VARIANCE, 0 A
SPECIAL USE PER1vlIT, ' :,;' .AN INTERPRET~TION O~ TH~ ZONI~G ORDINANCE, 0 AN APPfAL AS AN
AGGRIEveD PERSON($) (check proper one), In connectlon wtth prerruses located at ~::, $'Mln-t Cj::05'S i""C, lZtin>
cO _ 40 ( 'Z. Ci; - 0 I - \ \ 0 (, C;-V 1i f Hr (street & no.)
't- ~,./J \ . owno vvappinger,N.Y:
(wrung di51.) (g.nd no.)
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED Br\\d.e $" ~\I\ 4:2.\ -1''0 '" \.low ~
\ ~ ~ ~ (A<; C{ 611 ~. C"i' ~~~
W ~~ . \ c; be,\~ l/i~ 0\.<) '\ \~~\' 5~;,::\-x~~~,paragraPh)
2. TYPE OF APPEAL (Complete relevant section). *
a. A V.~IANCE IS REQUESTED for the following reasons:
1) Strict application of the ZorLing Ordinance would produce undue hardship because: ~~~ ~i;.'S
~ 'Y~\~ 61.n- ;V\o~\ur ~~ ~~ - ~ ~un~ ~ t+A,..€ ~LW-\'h:lIM.b~
2) The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this properry
. and in this district because: ~ ~ W -Pt ~~'\'V ~ M~ ~~ ~ -1'\V"\e-
~ l~ A rlA~~ '~(..1v\~ ~ ~~\\...-,... WI? ~ N"1 ~~ \'1 U~ fir ML$IUf~
3) The variance would observe the spirit of the Ordinance and would not change the charaCter of the district
because: ()tJ l\1:C no i~ f~~ \., fr ~\-\(2,~ ~~ 'FNJfI\ "ffi.nz.~-- ~
('i'I~~-z..,,^\.~,,\) 6V1vt--~~< _'(\'\0')1 ~ N""l \f\>A-J>~ R'<.'V-\.,...,~~'-
b. A SPECL~~ USE PER,vlIT 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 Zori:r"ni Ordinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHERREMARK.S:!rfg~ k../4 ~ u.d ~ J/</o/lc.
tti(v6tft r~ i~/4-1 ~ 7~F< ~~
SigoatUr~ %#
ceuL d
(Use extra sheets if necessary)
* The required plan must accompany the Notice of Appeal.
APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
NOTICE IN THE LOCAL NEWSPAPER.
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ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACfION ON APPEAL
Appeal No.
938
Dated October 24th, 1986
Appellant Frank & Juliana Garofalo
Wappinger Falls, NY 12590
At a meeting of the Zoning Board of Appeals on October 14th, ,19 86 ,AppealNo. 938
was considered and the following action on the request for: XX A VARIANCE, 0 A SPECIAL USE PERMIT, 0 AN
INTERPRE'JATION 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 RR 113 - Smithcrossing Road
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:
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Therefore, it was further determined that the requested varianceU be granted 0 be-denied and that the previous
decision of the Enforcement Officer 0 ee-e6aHf'ffie6-Gaxbe reversed. SEE ATTACHMENT.
2. SPECIAL USE PERMIT: By resolution of the Board h 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 confrrmed, 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:
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Chairman, Zoning Board of Appeals
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Page -2-
October 24th, 1986
At the October 14th, 1986 meeting of the Zoning Board of Appeals, a motion
was made by Mr. Landolfi to grant the requested variance. It is not changing
the character of the neighborhood with the following conditions:
1. When the use stops the mobile home shall be removed.
2. The mobile home shall be inspected and shall meet all the Town codes.
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.
1l-r1;V~
Angel Caballero, Chairman
Zoning Board of Appeals
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