792
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NOTICE OF APPEAL
RECEIVED
IJAN 1 5 1985
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Appeal No.
Date I ,:)
ELAINE H. SNOWDEN
Appellant
Mr. William Gross
Home Mailing
Address
Route 9
Fishkill, NY
Zip Code:
12524
Tel.#: 896-5600
TO TIIE BOARD OF APPEALS:
I.
William Gross
. appeal from a decision of the Zoning Inspector, dated
o e c e m b e r 1 9 . 19~ . and do hereby apply to the Zoning Board of Appeals for: []I A VARIANCE, 0 A
SPECIAL USE PERMI"f, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at R 0 ute 9
(street & no.)
HB-2A
(ZONnI dist.)
19-6156-02-737984
(grid no.'
, Town of Wappinger, N.Y..
I. PROVlSION(S) OF THE ZONING ORDINANCE APPEALED I V - 413. 2 Y a r d san d set b a c k s
., -to d \ ICll..) S~ -I-e J) \ an....,j'LLj +0 () vL,c.e e CI u.; I -rt) d d J LC) +to
Re: Ob s t r uc t lon 1 n y ard+',(:..n~LJcH'''ci <)(:'-tGc'CICS Q 1-.w,u:::.v<)~\ a va VI c1 nC..:...c b'-C}'\'l
(arllcle. ~ion or subSc:ClIon and paragraph) b . '7 '5' r-(;. 2,~' hC'l <;d'xen S {C:)n*c
L,:~-:h...t._~0l..t \-t Q",'. I')Q 5 V)e(::"JI....
R t b . 1 d' r'e:<.t.ue Jf;ttO ~ \..~ +'tu< k}kdt '-'-
2. TYPE OF APPEAL (Complete relevant section).- e que S U 1 1 ng t-r on y ar u . s e to ac , 0 ~LI .
be lrJai ved because: Si K j)\ .)nl)\OL-\
a. A VARIANCE IS REQUESTED for the following reasons: pu.. c pc::,{,.- s'
~ 1) Strict application of the Zoning Ordinance would produce undue hardship because: See it 3 bel 0 IN
~ 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: T his is iJ nun d e r s i zed lot est a b 1 ish e d p r i 0 r tot h e Z 0 n i n 9
Or din a n c e ado p t i 0 fl . ( I V - 411. 7 )
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 REtvtARKS: The P 1 ann i n g Boa r d doe S not
building and the building, therefore, has
linp in nrrlpr fnr thp r8rkina lnt nnt tn hp.
(Use extra sheets if necessary)
Signature
· 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
TOWN HALL
WAPPINGERS FALLS. NEW YORK 12590
TEL. 297.6257
Article IV, section 413.2 - to allow site planning to proceed
with adjusted front yard setbacks. Although a variance from 75 feet
to 35 feet has been granted by the Zoning Board of Appeals, 25 feet
is requested by the Planning Board for site planning purposes.
ZONING BOARD OF APPEALS
TO\VN OF \VAPPINGER
ACTION ON APPEAL
Appeal No.
792
Dated ,Trlnllrlry 1 C;t:l1,
19Rc;
A II William C. Gross
ppe ant
Fisl1kill. NY 12524
Add Route 9
ress
Jan. 8th 85 792
At a meeting of the Zoning Board of Appeals on , 19 , Appeal No.
wa,> considered and the following action on rhe request for: !1j: A VARIANCE, [J A SPECIAL USE PERMIT. [-::; AN
INTERPRETATION OF THE ZONING ORDINANCE. lJ 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 u would C 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 permitted 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 C would C=: vv'Quld not change the character of the district. because:
Therefore. it wa,> further determined that the requested variance C :b~~~d~ be demed and that the previous
decision of the Enforcement Officer 'z be confirmed C be-Iocded. SEE ATTACHMENT.
2. SPECIAL USE PERM IT: By resolution of the Board it wa,> determined that the request for a Special Use Permit =: be
granted C be denied. pursuant to article . section or subsection , paragraph of the
Zoning Ordinance and. therefore. the decision of the Enforcement Officer C be reversed C 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 dt.'cision was made on your appeal:
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Chairman. Zoning Board of Appeals
Appeal #792
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January 15th, 1985
.
At the January 8th, 1985 meeting of the Zoning Board of Appeals,
a motion was made by Mr. Cortellino that the requested variance for
for a 25' front yard setback be denied. The granted variance for 351
front yard setback still stands. The motion was seconded by Mr. Urciuoli.
Vote:
Mr. Landolfi - aye
Mr. Caballero - aye
Mr. Urciuoli - aye
Mr. Cortellino - aye
Mrs. Waddle - abstain
The motion was carried.
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Mro Joseph E. Landolfi, Chairman
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