771
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.RECID ~LLt.A'~TOWNOF'VAPPINGER
NOTICE OF APPEAL
NOV 1 4 19841 Date
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Appeal No. #:" 77/
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Appellant .h?m I)' /~sU ",is
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~L.AINE H. SMDWDfIl
Home Mailing ')
Address ~ /JI A },opot 'f/Ct..;J(/
Zip Code: IrJS-'tJ Tel. #: 911-
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TO THE BOARD OF APPEAL..,:
I, -:tow1 i') f.4j 0 s;t, i/1.Q . appeal from a decision of the Zoning Inspector, dated
::rIA I \~ ..:0- ,19-&- , and do hereby apply to the Zoning Board of Appeals for: ~ A VARIANCE, 0 A
· SPECIAL USE PERMIT, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in conna.'tion with premises located at t?t.. 9
(street & no.)
H-~- 2A- ! q -~/S-b -02 - Mf)~ 9t 9-0(} , Town of Wappinger, N.Y.
(wrung dist.) (grid no.)
l. PROVISION(S) OF THE ZONING ORDINANCE APPEALED fir-i. ~
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I"' (,JrtlCk. "~'1.:t1on4.lf subsectIOn and para!(raphl
th~~ ~X;2() SI~~S
2. TYPE OF APPEAL (Complete relevant section).. $e€- t:rl-Lath~
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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 aU 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:
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. 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 \VAPPINGER
ACIlON ON APPEAL
Appeal No.
Dated Nov. 14th. 1984
771
Appellant
Mahopac, NY
Dam D'Agostino's
Add 2 Mahopac Plaza
ress
10541
At a meeting of the Zoning Board of Appeals on Nov. 13 th ,19 84 , Appeal No. 771
was considered and the following action on the request for: 0 A VARIANCE, 0 A SPECIAL USE PERMIT. Xi AN
INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S), was
taken:
I. VARIANCE: By resolution of the Board. it was determined that strict application of the Ordinance C would L would
not produce undue hardship for these reasons:
a. The property in question c:::: would C would not yield a reasonable return if limited to the use permiued under the
Ordinance, because:
b. The hardship created '-~ is = is not unique and '= would C would not be shared by all properties alike in the
vicinity of the property and in the same use district. because:
c. The variance LJ would :~ would not change the character of the district. because:
Therefore. it was further determined that the requested variance LJ be granted -. be denied and that the previous
decision of the Enforcement Officer .- be confirmed ......; be reversed.
2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit :: be
granted C be denied. pursuant to article . section or subsC<..'tion . paragraph of the
Zoning Ordinance and, therefore. the decision of the Enforcement Officer L.J be reversed C be contirmed. because:
3. INTERPRETATION: The Board adopted the following resolution which stated its interpretation of the Zoning
Ordinance as requested in your appeal: SEE ATTACHMENT
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
Page -2-
November 14th, 1984
At the November 13th, 1984 meeting of the Zoning Board of
Appeals, a motion was made by Mrs. Waddle, that there are 3 permitted
uses on this property. The motion was seconded by Mr. Caballero.
Vote:
Mr. Landolfi - aye
Mr. Caballero - aye
Mr. Urciou1i - aye
The motion was carried.
Mr. Cortellino - nay
Mrs. Waddle - aye
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Joseph E. Landolfi, Chairman
Zoning Board of Appeals