971
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TO\V~ OF. \':-\PPL~GER
~OTICE OF APPEAL
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JAN 22 1987
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Appellant R,'c..hQ,m + ;rUn ifiJ +<Q h Je v
5Mbevrd Vfll~
TO TIIE DOAlID OF APPEALS:
I, Jut) iff-l ~ h I~ r , appeal from a decision of the Zoning Inspector, d:ueO
()~/t' .J.1 , 191h-, and do hereby Olpply to the Zoning Board of Appeals for:). A VAAlANCE, 0 A
SPECIAL USE PERMI"f. 0 AN r;-"TERPRETATION OF THE ZO~ING ORDINANCE, 0 AN APPE..-\L AS l\N
AGGRIEVED PERSON(S) (check proper one), in connection with premises loc:lted at ?k37t. -NtIVH~c~EJJS ~k R.n
' IStT~1 & no.)
~ - 40 . 6~91- 0"4 - bd\ r:;~ . Town of Wappinger, N.r:
u.orung om.) U;nC no.)
D f-TlCA.~ -nz: . .
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED Sec.n O,J 4f V Ie rttu..~ ~~ 'l\-\tS
(l/l31)lulSurrJ C~ ft U'T rl'lTD ""fl;..,-o U--r; ~ ~,..J'l.l, ~t'\ftW A f..,(,W\I~vJ vf'1L,~W~
(al'lICle. Sl:l:lIon or SUD\CI:1I0n :lnd par:i!t1Gplll. . .
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' re u.J..c~ p.u.fJ ~-<~V'Y-I ..L.1Jt:.) ctv-o~ b ... _
2. TiPE OF APPEAL (Complete relev:mt see-Jon). .t"11t (>IAuk OJ-' -,+;s~<- ~~
a. A \::...RIA-NCE IS REQtJES 1 =.D for the following re~ons: ~~ .
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1) Strict al'pli~tion of the Zoning Ordinance would produce undu:.hudship be=:luse: If~ tk ~
-iD :'u.b,~ b~ ~~tu. ;..4 ~ ~ tAv ~ ~ ~ .pI-<~.,.., '.. ell..-:-L'tTJ 12-k-.3 1{' ~
- 2) Tne h:lJ'dship cre:lted is unique :md is not shared bY,::ill properties ~ke in the i~"'I'ledi::.te vicinity of this pro~:-ry
and in this distri:: be-..:luse: 1flt~ ~ -/} ~ ~~ PC 6'( Ch.........O'/..Ll C1U..t ~ ~~
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Home Mailing
Ad::ess :5Ae-// ~l/
Zip Code: /1~-yj
t/. i/ t€4 OT,tI) POll /J VI uk, PIA
U" 411 J- /
Tel. It: 2" . 8741
3) Tne variance wo~d observe; the spirlt of the Ordinance,;md would not ch~ge the cna.:a:te: of the c:stri:t
be'-..:ause:~~~~~~""~ ~ ~~~.~
-.~/~-"~ cntf<q..~CocUL. I
b. A S?ECL-\L USE PER.\HT IS REQUESTED pursuant to uti::!e . section or subse:-..icn
, p:lJ'ag.'":lph
of the Zoning Ordinance to permit the following use on the
above premises:
c. IN 1 =.RPR..::.-rATION of the Zoning Ordinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER REMA..RKS:
(Use ext:-:!. sheets if necess:lJ'Y)
· The required plan must accompany the NOtice of Appeal.
A?PELL<\.l\fTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISn:ING THE REQUIRED LEGAL
!\OTJCE IN THE LOCAL NeWSPAPER.
'f#
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACTION ON APPEAL
Appeal No. 971
Dated January 14th. 1987
Appellant Richard & Judith Kohler
Stanfordvillp,NY 12S81
Address Shelley Hill Road
At a meeting of the Zoning Board of Appeals on Januarv 13th ,19 P.7 ,Appeal No. 971
was considered and the following action on the request for: 150 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:
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Therefore, it was further determined that the requested varianceO be granted 0 -be-deffied and that the prevfous
decision of the Enforcement Officer 0 beeoftfuomeEl ~ 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 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
J'
Page.-2-
January 14th, 1987
At the January 13th, 1987 meeting of the Zoning Board of Appeals, a motion
was made by Mr. Caballero made a motion to grant the variance subject to:
l. Subject to the Planning Board process.
2. Subject to approval from the Board of Health.
3. Subject to Subdivision process.
4. Subject to that there only be a 2 lot subdivision.
5. Subject to the new ordinance in reference to fire equipment.
The motion was seconded by Mr. Cortellino.
Vote:
Mr. Urciuoli - nay
Mr. Caballero - aye
Mr. Cortellino - aye
Mr. Landolfi - aye
Mr. Hirkala - nay
The motion was carried.
?!rr- ~~:_e....'
George Urciuoli, Chairman
Zoning Board of Appeals
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