824
'~
RECEIVED
Date
SEP 11 1985
Appellant Ih{ddu< r. GIfIJ~1 .Qo.r~~~~lfB S.U..,<66f'~jh L4.,
W4PIJ/N('E~r ;::ALL('j N.V. Zip Code: 1:l5?D Td.#:~/'I)197-3113
.. ~~TO'VN OF \'f\PPINGER
NOTICE OF APPEAL
f::nIT IT'?
L';' " i _. ~", ~
Appeal No. ~Lt
~ 1W3~.---
_7
TO TIlE nOAIU) OF APPEALS:
-
I, /!J~ddll~C C. GJIt~'$r ;1lf)S". . appeal from a decision of the Zoning Inspector. dated /
~_. 19 <:'5. and do hereby apply to the Zoning Board of Appeals for: 0 A VARIANCE, g A
SPECL\L USE PERMIT, CJ AN INTERPRETATION OF TIlE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGR~ .~/ED PERSON(S) (Check'pr.oper one), in connecti.on with premises located ad D1'" S . uJa (" Ci,lal fs t
a . (ilreel & no..
. D . l~ a s<l.. 06 - a 12~! 3 . . Town of Wappinger, N.Y.
(ZOning di>>.) (grid nl).)
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED ~"""L IiL S~c..:+,'o ~ t.f~
10 .(Ok) ~~ D,::~T!~ ( ~ ()fA~ ;u ""5l J ~ tJ ~ ...L
(.uucle. section or 5ub~110n and paral!faphl
2. TYPE OF APPEAL (Complete relevant section)..
a. A \-:.\RIAl~CE IS REQUESTED for the following reasons:
I} S[nct application of the Zoning Ordinance would produce undue hardship because:
2) 'nle hardship cre:.ued is unique and is not shared by all properties alike in the immediate vicinity of this pn)perty
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 PER~IIT IS REQUESTED pursuant to article ~ , section or subsection
-,/ L/ :1.--1--. paragraph S' of the Zoning Ordinance to permit the following use on the
above premises: ~..tl c:L, c... \ e.' ,"W ~ c.. " N ...... \\cl\& N c:.'<...;
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)
; Sigflature
~ c;,~ / ~d.-f.
· 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.
r }-t,r. ."....
"t1"--..:
-".":'
--"'''.'r- ..~y- ;r-'"(\~
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACTION ON APPEAL
Appeal No.
Dated September 11th, 1985
824
Appellant Theodore Gross, D. D. S.
Poughkeepsie, NY 12601
Address 637 Main Street:
At a meeting of the Zoning Board of Appeals on September 10th , I9_~~., Appeal No. 824
wa<; considered and the following a\,tion on the request for: C A VARIANCE, ocJ A SPECIAL USE PERMIT, CJ AN
INTERPRETATION OF THE ZONING ORDINANCE, C 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 [J would [J 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 C is not unique and ,= would n would not be shared by all properties alike in the
vicinay of the property and in the same use district, because:
c:. The variance [J 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 ,::J be confirmed C be reversed.
2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit C be
gFiHlteQ ex be denied, pursuant to article IV , section or subsection 421 , paragraph of the
Zoning Ordinance and, therefore, the decision of the Enforcement Officer C ~rsed ug be confirmed. because:
SEE ATTACHEMNT.
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:
JiJv ~ ~~.
Chairman, Zoning Board of Appeals
~ . ~.::"Jl'_';- ~
Page -2-
September 11th, 1985
At the September 10th, 1985 meeting of the Zoning Board of Appeals a motion
was made by Mr. Caballero to deny the requested Special Use Permit for the reasons
that the lot is to small to accomodate a home and a dental office. Also, it would
not accomodate for sufficient parking allowing parking to be done on the street,
impairing the traffic flow on that corner.
The motion was seconded by Mrs. Waddle.
Vote;
Mr. Landolfi - aye
Mrs. Waddle - aye
Hr. Caballero - aye
Mr. Hirkala - aye
The motion was carried.
~~J-v
0- U
~
.....," #0
~ a~~l...~~
/;1
Joseph E. Landolfi, Chairman
Zoning Board of Appeals
ZB/lb
.... ~ V" 'i ".. ...,; 1:"l.-'ft"'" ...."