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TO\VN OF ":.\PPI:\'GER
NOTICE OF APPEAL
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Appeal No. <t;~) 0
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TO TIlE BOARD OF APPEi~I.s:
I, -:::r; ~ tV H a ~ llJ : , . '"' , :;.. ;'cd from a drosion of the Zoning Inspector, dated /
, 19_, and do tereby apr1Y to th. luning Board of Appeals for: 0 A VARIANCE, er A
SPECIAL USE PERMIT, [] AN INTERPRETArON C 11 iE ZO~I0:G ORDINANCE, AN APPEAl... AS A~
AGGRIEVED PERSON(S) (check proper one), in '.:onne< . .'[1 \Ioith premises located at f I : (1) A ( --I.l-1JJ~
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1. PROVISION(S) OFTHE ZONING ORDlNA;";CE A
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2. TYPE OF APPEAL (Complete relevant set.'tion)..
a. A \:-\RIANCE !S REQUES11:D for the following :~ons:
1) Stri~ application of the Zoning Ordinance wOU' roJuce undue hardship tecause:
2) The hardship created is unique and is not shared YO:1l1 propt:rties alike in th{~ immedia[C vicinity of this property
and in tljS district because:
3) TIle variance '....ould observe the spirit of the Ord:r\ce and would not change the character of the district
because:
b. A SPECIAL USE PE~\l}T IS REQlJESTED pursu;",,::t to article ~: . sC\.'tion or subsection
a.+ d- ~ , paragr~ph A-ss~s ,. r1 of the Zoning Ordinance to permit the following use on the
b. ~,~S
a ove prerruses:
c. INTERPRETATION of the Zoning Orctinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER REMARKS:
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Sigflature /l.ftL1~ (~AA .L --"--
(Use extra sheets if necessary)
· 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.
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ZONING BOARD OF APPEALS
TOWN OF \VAPPINGER
ACTION ON APPEAL
Appeal No.
810
Dated October 11 th, 1985
Appellant R. John Hannigan
Wappinger Falls, NY 12590
Address
Myers Corners Road
At ,\ meeting of the Zoning Board of Appeals on, October 8th __. II)_~~___, Appeal No. _83L__
was considered and the following action on the request for: iJ :\ \~RIANCE. ?~: A SPECIAL USE PERr-.HT.:J AN
INTERPRETAfION OF THE ZO!\'ING ORDINANCE, C AN APPEAL AS AN AGGRIEVED PERSON(S), was
taken:
I. v'.\RIANCE: By resolution of the Board, it W,L'i determined that strict appticaLon of th-: Ordinance ._ would == would
not produce undue hardship for thi~se re,Lsons:
a. The property in question 'J would :-=-. would not yield a reasonable return ,'J limited to the use permitted under the
Ordinance, because:
b. The hardship created is L~ is not unique and would == would not be shared by all properties alike m the
vicinity of the property and in the same use district, because:
c. The variance 0 would [~ would not change the character of the district, because: ._.___
Therefore, it was further determined that the requested variance == be granted l= be denied and that the previous
dl.'cision of the Enforcement Office~ _: be confirmed r be reversed.
2. SPECIAL USE PERMIT: By resolution of t'le Board it was determined that the request for a Special Use Permjt~ be
grantcd '= be-denied. pursuant to article --IY_ . section or subsection_42 L- . paragraph ___ of the
Zoning Ordinance and, therefore, the decision of the Enforcement Officer:= be reversed ., bc confirmed, because:
SEE ATTACHMENT
3. INTERPRETATION: The Board adoptcd 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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At the October 8th, 1985 meeting of the Zoning Board of Appeals, a motion
was made by Mr. Caballero that the request Special Use Permit be granted with the
following condition:
1. The evergreen plantings will of of sufficient height and enough screening
in height and number to protect the downhill and uphill neighbors from viewing the
parking area.
The motion was seconded by Mr. Cortellino.
Vote:
Mr. Landolfi - aye
Mr. Caballero - aye
Mr. Cortellino - aye
Mr. Hirkala - aye
The motion was carried.
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Zoning
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E. Landolfi, Chairman
Board of Appeals
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