796
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TO\VN OF \VAPPINGER
NOTICE OF APPEAL
Appeal No.
I\.1 Cj L.,
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Date
Appellant
Cobrew Realty
Home Mailing
Address Rou t e 52, PO Bx 1398
Ho;>ewell Junction, New York
Zip Code: 1 2 533
Tel. #: 2 21 - 00 7 0
TO THE BOARD OF APPEALS:
I, G j no M. Pu 110 , appeal from a decision of the Zoning Inspector, dated
0.1;] r c h 2 R , 19-8..S.. , and do hereby apply to the Zoning Board of Appeals for: [] A VARIANCE, ~ A
SPECIAL USE PERMIT, ~ AN INTERPRETATION OF THE ZONING ORDINANCE. 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at Th e II am 1 e t It. G'i-u-lc
. lot S> - 0 d. - gG, r1 L[ - hlreel & nO.1
Subdivision #6799. ' )TownofWappinger,N.Y.
(LOnmg Llm.) (grid no.)
l. PROVISION(S) OFTHE ZONING ORDINANCE APPEALED'fl-:-\- \ t-U -rr ) S ec-L, on
--tn (-)1\('11\ ~ &C!'/~',l(cl\Y?tli:1 SetfrlC!C lULu.A ~~'fll ~
larlldc. '~'t;[I()n or 'II Cl'l'1.:[I0n and parallrapnl
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2. TYPE OF APPEAL (Complete relevant section). *
QA \J\RIANCE IS REQUESTED for the following rea~ons:
I) Strict application of the Zoning Ordinance would produce undue hardship because:
Building has already been erected in error.
2) The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this propt~ny
and in this district because: No adjoining lots will 'uc affected.
. 3) The variance would ob~erve the spirit of the Ordinance and would not change the character of the distnct
because: The surrounding 20 acres of land is owned by the Conservation
District and will not be built upon.
b. A SPECIAL USE PERM IT IS REQUESTED pursuant [Q 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. OTHER REMARKS:
(Use extra sheets if necessary)
Signature ~~
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- * 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.
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACI10N ON APPEAL
Appeal No. 796
Dated Ma y 16 t h , 1985
Appellant ~ew Reali ty
Hopewell Junction. NY
Address Route 52 - P.O. Box 1398
At a meeting of the Zoning Board of Appeals on May 14 t h ,19 85 , Appeal No. 796
was considered and the following action on the request for: g] A VARIANCE, 0 A SPECIAL USE PERMI'f, 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 a be granted 0 be-denied and that the previous
decision of the Enforcement Officer 0 beeol'tfirmed []i 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
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May 16th, 1985
At the May 13th, 1985 meeting of the Zoning Board of Appeals, a motion was
made by Mr. Cortellino that the requested variance be granted subject to the
diligent pursuit by the builder to the Town Board to obtain the extra 10 feet
into the Conservation District, but the variance would be in place regardless
if the 10 feet is granted or not granted. The motion was seconded by Mr. Hirkala.
Vote:
Mr. Landolfi - aye
Mr. Hirkala - aye
Mr. Cortellino - aye
The motion was carried.
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Joseph E. Landolfi, Chairman
Zoning Board of Appeals
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