923
,,~
"
TOWN OF WAPPINGER ~ Appeal No. ~ ex 3
NOTICE OF APPEAL~. . DateHl.!.~e-lI~ ,lq~
ll)~lK~~ .
Home Mailing
Appellant Edward Sellian & Soda Svstems,Inc.Address 34 Garden Street,
New Rochelle. New York
Zip Code: 10801
Tel. #: 914-576-3131
TO THE BOARD OF APPEALS:
I, Edward Sellian & Soda Systems.Inc,appealfromadecisionoftheZoningInspector,dated
N/ A , 19_ , and do hereby apply to the Zoning Board of Appeals for: 0 A VARIANCE, 0 A
SPECIAL USE PERMI"f, ro AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at Middlebush Road,
(street & no.)
, Town of Wappinger, N. 'Y.
(zoning dist.)
6157-01-414840
(grid no.)
R-20
1. PROVISION(S)OFTHEZONINGORDINANCEAPPEALED Section 404-Nonconforming
Uses and Structures
(article. section or subsection and paragraph)
2. TYPE OF APPEAL (Complete relevant section). *
a. A VARIANCE IS REQUESTED for the following reasons:
1) Strict application of the Zoning Ordinance would produce undue hardship because:
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:
3) The variance would observe the spirit of the Ordinance and would not change the character of the district
because:
c. INTERPRETATION of the Zoning Ordinance is requested because: Guidance of Board requested as
to whether or not the use of the premises by Soda Systems, Inc. is a contin-
d. AGGRIEVED PERSON(S) an appeal is requested because: ation of the allowed nonconforming
. use.
3. OTHERRE~RKS: Annexed hereto is a general description of the use of the
property prior to its occupancy by Soda Systems, Inc., condi~ion of the
. nts made i cl din build'n ermits
for such alterations issued by the building i,s e of e Town 0
wappingers. Copy of Plot plan of premises da e /M 84 is also annexed
(Use extra sheets if necessary) Signature
hereto for information of the Board.
* The required plan must accompany the Notice of Appeal.
911
APPELL.ANfS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE
NOTICE IN THE LOCAL NEWSPAPER,
....t1
. ZONL"lG BOARD OF APPEALS
TOWN OF WAPPINGER
ACTION ON APPEAL
Appeal No.
923
Dated November 3rd, 1986
AppellantEdward Sellian & Soda Systems Inc.
New Rochelle, NY 10801
Address 34 Garden Street
At a meeting oftheZoning Board of Appeals on October 14th ,19 86 ,AppealNo. 932
was considered and the following action on the request for: 0 A VARIANCE, 0 A SPECIAL USE PERMIT, B 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 be granted 0 be denied and that the previous
decision of the Enforcement Officer 0 be confirmed 0 be reversed.
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: Non-conforming use in an R-20 zoning.
4. AGGRIEVED PERSON(S): By resolution of the Board, the following decision was made on your appeal:
fh.1/./~
Chairman, Zoning Board of Appeals