767
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TO\VN OF "APPIl\GER
l"OTICE OF APPEAL
~~
Appeal No. 710 _!
Date~ )",1 <b~
RECEIVED
Home Mailing AUG 2,0 1985
Address 2to tJ~ I ~ ~~,\'J e
Zip Code: r2..S~O Td. #: 2c97-C3Se
CL \O~ ~
Appellant KI'-Hf\R.C ~ C~~6L. D~M13ROS \I:! I
TO TIlE nOAIU) OF APPL\LS:
I. K\<..~~Q'() eC~~L. \)a.l'l'.eR.~SK\ ,appeal from acecision of the Zoning Inspec1or, dated
_~~ \..'f \ l.c , 19 g S- , and do hereby apply to the Zoning Board of Appeals for: ~ A VARIANa~, 0 A
SPECIAL USE PERJ\tIlT, 0 AN INTERPRETAflO~ OF TI IE ZONING ORDINANCE, 0 AN APPEAL AS A1~
AGGRIEVED PERSON(S) (check propt~r one), in connection with premises located at ZCo M IN A \::>K\V E
1) & 7 ~ (~Ireel & no.'
",,--z...O "s-'7-0).- 1 lJ"1C/tr ,Townof Wappinger, N.'Y.
(W1W15 di31.} {~J :1C.'
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED .il.d-: c..1~ ~V
'-/,1 - f; Atl..., ,. '5.' ......... s~f"...c.1( wlt;J......
-S ~ ".. "I( ......, II' '" .. tl (oiIllcle. s~'\.llon or \ub'lC:\:Tlon and paraip"aphl
2. TYPE OF APPEAL (Complete relevant se<.'1ion)..
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a. A VARIAJ.'\ICE IS REQUESTED for the following re:l.'ions:
1) Strict application of the Zoning Ordinance would prodllce undue hardship because: We loW" v I.. 9 ~ E v",/l-PL6
...,0 1u 11..0 II p~ 6Fi== Tfft "61k.K-- or () <JiC H c) U5ti u71I.'"l1 IJ~ "/oJ ~/S7/~ ~ qukS"
''-IOIAJ~ p01J1L A-1t'Il..K S'-<''' 1!Jp. ~.e.al.JNO LEVeL..
2) The hardship creat::d IS uruque and is not snared by all properties ali\...e in the immediate ..icinity of this property
and in this district bt:eause: FE" I#J~ .s f 7" ~ o,...J ~ t: c.oe.w-e-R.. LoT .. tt c
~,4q..'I~ I~ ,,",oT E Lo"J~A-7Ei) .A ~ tIf/)57 ~TtffE1(... LOTS ,,J A-..e~.
3) The variance would observe the spirit of the Ordinance and would not change the charact.:r of the district
because: h<>ST H~J ~Ei$ /# ;1;eFiA p" HA1)c; ~~~ If Ail 71fel/371.e€- tSv!€
No c.I ~ E i..,.n!) ~ '- to c: 6 tJ Pot2. M .
b. A SPECIAL USE PER:-.tlT 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 bt:eause:
d. AGGRIEVED PERSON(S) an appeal is requested bt."Cause:
3. OTHER RE~1ARKS: "/~ /J;er: ,!Jo OBJ'EZ-Tl6,J S rlZfYc -4~V A-tJJt:JhA/1Alt..
,Jel!,H&a~ ~o~Cee#I,4I4 "rftE CCNS7)!!.vCT/O/V' Dr 711€- J>e-c,<.
(Use extra sheets if necessary) Sigflature
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7. J S -~ or
· The required plan must accompany the Notice of Appeal.
7 -/5 .9s
APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
NOTICE IN THE LOCAL NEWSPAPER.
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ZONING BOARD OF A!>PEALS
TOWN OF \VAPPINGER
ACTION ON APPEAL
Appeal No. 767
Dated ~ust 19th, 1985
Appellant RichRrd & Carol Dombrowski
Wappinger Falls, NY 12590
Address 26 Mina Drive
At a meeting of the Zoning Board of Appeals on August 13th _, I9_~~, Appeal No. 767
was considered and the following action on the request for: Xl A VARIANCE, :J A SPECIAL USE PERMIT. [J AN
INTERPRETATION OF THE ZONING ORDINANCE, [J AN APPEAL AS AN AGGRIEVED PERSON(S), was
taken:
I. VARIANCE: By resolution of the Board, it wa~ determined that strict application of the Ordinance [J would [= would
not produce undue hardship for these reasons:
a. The property in question [J would C would not yield a rea'ionable return if limited to the use permitted under the
Ordinance, because: .
b. The hardship created C::: is is nor unique and --= would [J would not be shared by all properties alike in the
vicinity of the property and in the same use district, because:
c. The variance L-j would ,- would not change the character of the district, because:
Therefore, it was further determined that the requested v~riance ~ be granted i= l3e-t:ieRied and that the previous
decision of the Enforcement Officer '.:::: m:-wllfillllro- [Jt he reversed. SEE ATTACHMENT
2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Spt.'Cial Use Permit c= be
granted C be denied. pursuant to article . section or subsection . paragraph of the
Zoning Ordinance and. therefore. the decision of the Enforcement Officer L be reversed [J 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:
)--r- ~ ~~.
Chairman, Zoning Board of Appeals
, ,......'"' ,,- ,
.. '.
Page -2-
August 13th, 1985
At the August 13th, 1985 meeting of the Zoning Board of Appeals, a motion was
made by Mrs. Waddle to grant a variance to put a 10 foot deck up. The motion was
seconded by Mr. Caballero. By granting this variance, the Zoning Board is in no way
setting a precedent in the Pondview Development.
Vote:
Mr. Landolfi - aye
Mr. Caballero - &ye
Mr. Hirkala - aye
Mr. Cortellino - aye
Mrs. Waddle - aye
The motion was c:arried.
err
, .
~~
Joseph E. Landolfi, Chairman
Zoning Board of Appeals
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